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01/07/1992 City CouncilTHESE MINUTES SUBJECT TO JANUARY 14 APPROVAL EDMONDS CITY COUNCIL MEETING MINUTES January 7, 1992 The meeting of the Edmonds City Council was called to order by Mayor Laura Hall at 7:00 p.m. at the Library Plaza Room, 650 Main Street. All present joined in the flag salute. PRESENT Laura M. Hall, Mayor Jack Wilson, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember Michael Hall, Councilmember Bill Kasper, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Brett Shirley, Student Representative STAFF Art Housler, Admin. Serv. Director Dan Prinz, Police Chief Peter Hahn, Comm. Serv. Director Jim Walker, Asst. City Engineer Buzz Buzalsky, Fire Chief Jeff Wilson, Planning Supervisor Rob Chave, Planning Manager Noel Miller, P.W. Superintendent Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder CEREMONY TO ADMINISTER OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Superior Court Judge Richard J. Thorpe administered the Oath of Office to newly elected Port of Edmonds Commissioner Don Stay. Superior Court Judge Richard J. Thorpe then administered the Oath of Office to newly elected Councilmember Dave Earling, Councilmember Michael Hall, Councilmember William J. Kasper, and Councilmember John U Nordquist. Former Superior Court Judge Alfred O. Holte administered the Oath of Office to newly elected Mayor Laura Marie Hall. Mayor Hall thanked the many citizens for being present during the swearing -in ceremonies. Mayor Hall proceeded to recognize various Board Members and City Staff present in the audience, as well as State Representatives. Mayor Hall also introduced each Councilmember and gave a brief background on each Councilmember. Mayor Hall urged the citizens to take a part in their local government and invited them to come before the Council should they ever have any concerns, suggestions, or comments they wish to portray. Following Mayor Hall's speech, there was a 30 minute recess for a reception to honor the newly elected officials. The meeting reconvened at 7:50 p.m. CONSENT AGENDA Items (D) and (H) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT WILSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the approved items are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 17, 1991 (C) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH JOHN GALT FOR HEARING EXAMINER PRO-TEM SERVICES FOR 1992. pp� AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH MERRIT AND PARDINI FOR DESIGN SERVICES FOR PUBLIC WORK FACILITY ($14,700) ot(F) ADOPTION OF RESOLUTION 734 FOR INTERLOCAL AGREEMENT FOR COORDINATION OF URBAN GROWTH AREA PLANNING. (G) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH URBAN FORESTRY SERVICES AND REFORESTATION PLAN AT PINE RIDGE PARK AND YOST PARK ($3,900); 8,, AND AUTHORIZE STAFF TO PROCEED WITH IMPLEMENTATION. OF FINDINGS OF FACT AND CONCLUSIONS WILLIAM Al Item (D) on Cd3a Councilmember Palmer stated a letter was received from Thomas Belt's attorney withdrawing his earlier letter o November 25, 1991 and asking for approval of the Findings of Facts and Conclusions. Councilmember Palme said he also pulled this item because not all Councilmembers took part in this hearing, and may wish to abstair from voting. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. PROPOSED ORDINANCE 2860 ADOPTING SALARY PLAN FOR NONREPRESENTED EMPLOYEES (Item (H) on the Consent Agenda. Councilmember Kapser stated he would like the record to indicate he is voting against this item. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (H) ON THE CONSENT AGENDA. MOTION CARRIED with Councilmember Kapser voting no. AUDIENCE Jo -Anne Jaech, 536 Walnut Street, said there were two items she would like the Council to address. Concerning the flower program, Ms. Jaech presented a proposal to the Council for their consideration by suggesting the corner parks throughout the City be adopted by the merchants located adjacent to the various parks. Ms. Jaech explained this would entail having the merchant accept responsibility for planting the corner parks located near rj their businesses, as long as the City provides the water for them. Ms. Jaech feels some interesting flower arrangements would result and suggested local garden clubs could volunteer to judge the various flower parks. Ms. Jaech said if the City is interested in this, she and her husband, along with State Representative John Beck, �.� are willing to take responsibility for the corner parks on the east side of 5th and Walnut, which consists of four corner parks. The Council was receptive to the idea. With regards to the ferry issue, Ms. Jaech stated she had a long talk with Bruce Agnew recently, and Mr. Agnew stated there is a Legislative Transportation Meeting on Thursday, January 9th, in Olympia and the meeting will l address local ferry issues. Ms. Jaech felt it would be advantageous for a City representative to be present at that V meeting. Mr. Jaech said Mr. Agnew stated there was some question in 1991 as to whether or not the Unocal site was eligible for different types of funds, and Mr. Agnew said there is new funding available, which makes the site an eligible site for funding. Mr. Agnew also stated there is 100 million dollars available for a six year term for ferries and ferry terminals. Mr. Agnew explained to Ms. Jaech there would only be two entities competing for funding which consist of Alaska and New York; however, Mr. Agnew said neither of those are in an expansion mode at this time. Mr. Agnew stated the City of Edmonds stands a good chance of garnering quite a bit of funding. Mr. Agnew also stated to Ms. Jaech that the 100 million dollars is in a different category so the allocation of funds would not come under the Regional Council's jurisdiction, which would alleviate numerous steps for the City. Mr. Agnew also stated to Ms. Jaech there is an allocation from the Service Transportation Funding in the amount of 22 billion dollars for a six -year period. Mr. Agnew commented those funds are quantum leaps ahead of what has been spent in the Unites States annually during the past five years. Mr. Agnew did tell Ms. Jaech that this funding, however, would come under the Regional Council, and it would be in the best interest of the City of Edmonds to work with the Regional Council as soon as possible to establish Edmonds as high priority on the list for funding. Ms. Jaech said the City should formulate a presentation so a request for funding could be made by Spring, as Washington D.C. makes the allocations in approximately September. Ms. Jaech said that if this does not happen, the City will lose a whole year's potential funding for the site. Ms. Jaech suggested inviting Mr. Agnew to an upcoming Council Meeting in order to update the Council on this issue further. Karl Mansson, 518 Bell Street, addressed the Council on the budgetary reductions concerning flower baskets in the City of Edmonds. Mr. Manson said the flower baskets attract many visitors to the City from all parts of the United States, and brings with them potential income to the City. Mr. Manson said the City of Edmonds is known as the flower city as far away as Europe and asked the Council to at least consider reducing the number of flower baskets if necessary, but not completely eliminating them. Joan Longstaff, 524 Main Street, also addressed the Council on the current status of the flower baskets. Ms. Longstaff stated she serves on the Community Service Committee for Edmonds Rotary and stated the Rotary would like to participate in some manner with regards to restoring the flower baskets. EDMONDS CnY COUNCIL MINUTES Page 2 January7, 1992 Paul Kavadas, 217 Alder St, addressed the Council on the issue of Community Transit. Mr. Kavadas stated t(� Community Transit will be holding a meeting on January 13 at the Francis Anderson Center, and would be discussing issues that would impact local bus service. Mr. Kavadas urged city-wide participation at this meeting. Mayor Hall closed the audience portion of the meeting. ELECTION OF CITY COUNCIL PRESIDENT Mayor Hall thanked Council President Wilson for his service as such, and Council President Wilson opened up nominations for Council President for 1992. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO NOMINATE COUNCILMEMBER JEFF PALMER FOR COUNCIL PRESIDENT FOR 1992. Under discussion, Council President Wilson inquired on additional nominations. As no other nominations were brought forth, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER TO CLOSE THE NOMINATIONS. MOTION CARRIED. With regards to the nomination of Councilmember Palmer for Council President for 1992, MOTION CARRIED UNANIMOUSLY. Councilmember Wilson congratulated Council President Palmer on his Council Presidency. APPOINTMENT OF COMMITTEE REPRESENTATIVES It was noted that two appointments required a formal motion; Community Transit representation and Snohomish Health District representation, therefore the following motions were adopted: COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPOINT COUNCILMEMBER EARLING TO ACT AS THE CITY'S REPRESENTATIVE TO COMMUNITY TRANSIT WITH COUNCILMEMBER HALL SERVING AS THE ALTERNATE. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO APPOINT COUNCILMEMBER NORDQUIST AND COUNCILMEMBER HALL TO ACT AS THE CITY'S REPRESENTATIVES TO THE SNOHOMISH HEALTH BOARD. MOTION CARRIED. Council President Palmer directed City Attorney Scott Snyder to draw up the ordinances necessary for the Council appointments to the Health District and Community Transit. The following is a listing of 1992 Council representation: Community Transit: Councilmember Earling, City Representative, Alternate. Cultural Arts: Council President Palmer. Disability Councilmember Kasper. Professional Consultant Selection Corr Councilmember Kasper. Sno-Com and Medic 7: Councilmember Nordquist and Councilmember Hall. Edmonds Visitor Bureau: Co Economic Development Council: Councilmember Kasper. with Councilmember Hall acting as the Board: Councilmember Wilson and nittee: Councilmember Nordquist and )wyer. Health District: Councilmember Incilmember Wilson. Snohomish County It was noted the Solid Waste Advisory Committee meetings would be attended by Peter Hahn instead of a Councilmember. It was also noted that Snohomish County Tomorrow meetings would be attended by Mayor Hall with Councilmember Earling acting as alternate. The following appointments were made with regards to City Council Committees for 1992: Finance Committee: Councilmember Wilson, Councilmember Kasper Community Service: Councilmember Earling, Councilmember Nordquist Public Safety: Councilmember Dwyer, Councilmember Hall AL JOHN CLAUS/APPLICANT: KURTIS DUNPHY/FILE NO. AP-13-91) Mayor Hall said it was her understanding the City Attorney needed to perform a swearing in ceremony to all }✓ parties involved in this hearing, as a requirement of the State Environmental Protection Agency. Mr. Snyder replied affirmatively and stated the State Environmental Protection Act requires that testimony at SEPA appeals and hearings be under oath. Mr. Snyder asked all parties involved, including Mr. Wilson, Planning Supervisor for the City, to stand and raise their right hands in order to be sworn in. EDMONDS CITY COUNCIL MINUTES Page 3 January7, 1992 In presenting the staff report, Mr. Wilson, Planning Supervisor, noted the matter before the Council deals with an appeal of an Environmental Determination of Nonsignificance issued by the City's Responsible Official. Mr. Wilson stated the applicant, Mr. Dunphy, submitted a building permit application for the construction of multiple deck structures at 1126 "B" Avenue. Due to the location of a portion of the applicant's property with an area identified as "Environmentally Sensitive", the applicant was also required to submit an Environmental Checklis. for review and issuance of an Environmental Determination by the City. Mr. Wilson stated on August 8, 1991, the Responsible Official for the City issued an Environmental Determination of Nonsignificance after a complete site inspection with the City's Hydraulics Engineer, and after a conclusion that the proposed new structures woudc not create any "probable significant adverse impact" to the environment. Mr. Wilson stated that on August 20, 1991, an appeal of this Environmental Determination was filed by John Claus. Mr. Wilson stated the appellant contends that pre-existing conditions on the appellee's property should be addressed by the environmental determination. Mr. Wilson further stated that the Hearing Examiner held a public hearing on September 19,. 1991, to solicit testimony regarding the appeal of the Responsible Official's Environmental Determination. Upon review of the testimony on this matter, the Hearing Examiner issued a recommendation that the Determination of Nonsignificance be withdrawn and that additional information be obtained prior to the issuance of a new Determination. Mr. Wilson said it is a Staff recommendation to overturn the Hearing Examiner's recommendation and adopt the Staff Findings, Conclusions, and Recommendations which would dismiss the appeal for a lack of facts to support a conclusion that the proposed development applied for under the Building Plan Check would have a 'probable significant adverse environmental impact". Mr. Wilson presented a view foil to the Council showing the subject property. Councilmember Dwyer stated it was his opinion that the Hearing Examiner did not find that the proposed development applied for would have a 'probable significant adverse environmental impact', instead, Councilmember Dwyer feels the Hearing Examiner felt there were undisclosed facts which he viewed were not considered by the Responsible Official and was asking that it be remanded for consideration. Councilmember Dwyer inquired if testimony this evening would include information that the Responsible Official has now considered the additional information and has determined that it is not information that would lead to a change in the Declaration. Mr. Wilson said the comments by the Hearing Examiner regarding that particular issue relates to the fact that the Environmental Check List did not relate to the location of surface water in the area. Mr. Wilson stated he and Mr. Jim Walker, Hydraulics Engineer, performed a site investigation before the Determination was issued, so while the check list itself was incorrect, the facts were in the record and the knowledge was used in the initial Determination. Councilmember Dwyer asked Mr. Wilson if this meant there were no new facts which required a remand, and Mr. Wilson replied affirmatively. Council President Palmer inquired on the height of the deck structures, and Mr. Wilson replied it varied from 6' to 1' off of the ground, with some areas even higher as the slope of the ground changed. Council President Palmer asked Mr. Wilson to address the issue of plants being able to thrive under the deck structure. Mr. Wilson replied any structure would reduce the amount of ground cover that would grow underneath the area. Mr. Wilson said, however, a reduction in ground cover would occur because the deck will allow for water to flow beneath it, allowing the land beneath to absorb water, thus allowing some ground cover to thrive. Councilmember Dwyer asked Mr. Wilson if Staff had any other disagreements with the Hearing Examiner's conclusions, other than what has been discussed, and Mr. Wilson replied negatively. Mayor Hall thanked Mr. Wilson for his presentation, and asked the Appellant, John Claus, to step forward to express his views. John Claus, 1131 7th Ave. S, stated he filed an appeal to the decision because of the problems he has experienced with water flooding in his backyard. Mr. Claus feels that if the deck structures are allowed to be built as submitted on Mr. Dunphy's property, it would interfere with the present streams resulting in a higher level of flooding to his property, as the streams would divert in a direction they are not supposed to. Mr. Claus further stated he has spoken with Mr. Dunphy several times with regards to this subject to no avail. Mr. Claus referred to the stream maintenance and mentioned the City had previously stated the flood volume of the stream was correct; however, Mr. Claus stated once the stream gets full of sediment, the stream overflows into paths not originally intended. Mr. Claus said the proposed deck structures will only make matters worse. Mr. EDMONDS CITY COUNCIL MINUTES Page 4 January7, 1992 Claus said he previously talked to the City in 1979 and it was the Engineering Department's decision that the water runoff problems were going to be reviewed, which has never been done to date. Mr. Claus stated his attorney was present, and would like to have him make a few statements. Tom Russell, attorney for the appellant, stated there has been an on -going problem with water runoff since 1979. Mr. Russell said the City of Edmonds owns the adjoining property which holds the reservoir. Mr. Russell stated the water comes down from the City's reservoir and begins the start of the stream that causes the problems which is now leading to this particular appeal. Mr. Russell said his goal is to work out a resolution between Mr. Dunphy and Mr. Claus which would be agreeable to both properties. It was Mr. Russell's hope that the Mayor would instruct the City Attorney to work with himself as well as the Planning Department in order to obtain a three way solution which would not nessitate the City of Edmonds becoming involved in a lawsuit which is currently in the works between Mr. Dunphy and Mr. Claus. Mr. Russell said that In a SEPA process, all the other affected agencies, such as the Department of Ecology have to be consulted and have the facts presented to them for a complete review. Mr. Russell stated the City's Hearing Examiner's position is the Department of Ecology was not informed of all the particulars of the stream diversions so that they could comment on the effects it would have from their viewpoint. Kurtis Dunphy, 1126 "B" Avenue, applicant, stated in the Hearing Examiner's Findings, there is mention of two streams that wasn't brought forth. Mr. Dunphy said the reason it wasn't mentioned is because it is a culvert that comes from the ground, and isn't a "stream' by any definition in his mind. Mr. Dunphy said there is a problem with the effects of the water overflowing in areas; however, Mr. Dunphy feels his building permit asking for construction of decks to enjoy his back yard has no impact on the stream and the flow of the stream. Mr. Dunphy stated the Hearing Examiner delayed his findings for two weeks in order to give Mr. Claus and himself a chance to work things out. Mr. Dunphy stated he has done everything the City has asked him to do, as well as perform beyond the City's requests. Mr. Dunphy stated the water runoff problem is an on -going problem and is a separate issue from the building permit for his proposed decks. Mr. Dunphy stated Mr. Claus's problem is with the stream, not the building permit application. Councilmember Dwyer asked Mr. Dunphy if he had any reason to believe the Department of Ecology or any other agencies would consider the existence of the second stream to be not significant, and Mr. Dunphy said it was his belief they would not have changed their determination, as it is a ground water collecting stream, and does not directly impact the site of the proposed decks. Becky Lee, 1137 7th Ave. S., stated she is the neighbor in between Mr. Dunphy and Mr. Claus. Ms. Lee said when the stream floods, it comes through the fence and enters the second stream on her property and continues through the fence into Mr. Claus's property. Ms. Lee said she has lost a few trees on heerprop rt due to flooding, however, she feels the biggest problem is the runoff the City has allowed onto the City propertyfrom driveways and streets and so forth that picks up silt and debris which causes clogging of the upper stream which causes flooding through the lower area. Ms. Lee stated she doesn't feel construction of the proposed decks is going to cause significant additional run off compared to the runoff from the residential areas above her property. Councilmember Dwyer asked City Attorney Scott Snyder questions pertaining to the views of the Planning Staff as to what is important as far as nonsignificance, and Mr. Snyder said Mr. Jeff Wilson, Planning Supervisor, is the City's Responsible Official, and under State law, his determination is required to be given substantial weight by the Council. Councilmember Palmer asked Mr. Wilson if it was his contention that the missing information is not relevant or of such little importance that it would not have led to a different conclusion. Mr. Wilson said he doesn't think the information is of little importance, however, Mr. Wilson feels it would not have changed the determination from the Department or Ecology or other agencies. Councilmember Dwyer stated he did not want to know if it is Mr. Wilson's opinion that DOE would not change their determination, but asked if Mr. Wilson has any reason to believe that it would change. Mr. Wilson replied he did not think the DOE would change their determination in light of the information brought up this evening. Councilmember Dwyer asked Mr. Wilson if he is basing his response on his history of dealing with DOE and other agencies, and Mr. Wilson replied affirmatively. Mayor Hall closed the audience portion of the hearing. Mr. Dwyer stated he is satisfied there is no reason to believe the information that was omitted would have resulted in any recommendations or findings that would have changed the Responsible Official's Conclusions. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT THE FINDINGS, CONCLUSIONS AND RECOMMENDATION SUBMITTED BY STAFF THUS OVERTURNING THE HEARING EXAMINER'S RECOMMENDATION OF OCTOBER 21, 1991, TO WITHDRAW THE DETERMINATION OF NONSIGNIFICANCE ISSUED BY THE RESPONSIBLE OFFICIAL ON AUGUST 8, 1991. EDMONDS CITY COUNCIL MINUTES Page 5 January 7, 1992 Under discussion, Council President Palmer stated he has abided by the Community Development Code and has placed substantial weight on the Responsible Official's decision. Council President Palmer said he is convinced an on -going water problem exists, however, does not feel it is directly related to the decision being made on the proposed deck structures. MOTION CARRIED. Councilmember Kasper asked Mayor Hall to direct Staff to look into the on -going water runoff problem, and Mayor Hall concurred. Mayor Hall noted she would refrain from the discussion as she was not present for the original discussions. As a procedural matter, City Attorney Scott Snyder noted there were earlier questions raised by Staff regarding Notice of Hearing and inquired 'rf both the Applicant and Appellant were present. It was noted the parties were both present. Also, Mr. Snyder noted the new Councilmembers were not present for previous testimony concerning this subject, and should refrain from participation in the discussion regarding this issue. It was then noted by Councilmember Earling and Councilmember Hall that they both listened and reviewed the recorded tape of the earlier discussions, along with making a site visit and study of all materials pertaining to the subject. Mr. Wilson, Planning Supervisor, stated the Council last reviewed this item on October 29, 1991. Mr. Wilson said at that time, the Council decided to continue deliberation on the matter to this date in order to allow for each councilmember to visit the subject properties to view the issue under dispute. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PALMER THAT THE COUNCIL UPHOLD THE HEARING EXAMINER'S DECISION TO REDUCE 25-FOOT SETBACK TO 16 FEET TO ALLOW A DECK ADDITION AT 23800 74TH AVE. W. Under discussion, Councilmember Dwyer stated he would vote against the motion because he believes the applicant has the ability to construct the structure three feet to the north, as was discussed during the October 29, 1991 Council Meeting. Councilmember Dwyer stated when the applicant was asked about this, the applicant replied it could not be done due to the fact the structure is 95% completed, along with expenses associated with moving the structure. Councilmember Dwyer feels the Council should be viewing this as if the deck had not been started. Council President Palmer noted on his site visit to the subject properties, he found no loss or potential loss of view, and with regards to moving the deck three feet to the north, Councilmember Palmer feels that is not feasible due to the slope of the land. Councilmember Wilson also agreed there is no loss or potential loss of view with regards to the proposed structure. MOTION CARRIED with Councilmember Dwyer voting no. ADOPTION OF WORDING FOR EMS VOTE -BY -MAIL BALLOT AND PROPOSED ORDNANCE 2861 SETTING AN ELECTION DATE OF MARCH 10, 1992. Buzz Buzalsky, Fire Chief, distributed a memorandum to the Council concerning the EMS levy and costs per one thousand dollar of valuation for a six -year period to fund the entire EMS program. Councilmember Dwyer inquired if the Council was interested in including the tax anticipation note in the ballot title, and after discussion on this matter, it was the consensus of the Council to not include this. Councilmember Dwyer asked Councilmember Palmer if he was able to work with staff with regards to a figure to be placed within the ballot measure, and Councilmember Palmer replied affirmatively. Chief Buzalsky said in preparing the amount per one thousand dollars of valuation for the upcoming EMS Levy, it is important to understand the required revenues for operating an EMS program. Chief Buzalsky said he has attempted to estimate those costs to the best of his ability and proceeded to review those costs with the Council in way of a view foil and review of his memorandum. After discussion amongst the Council and Chief Buzalsky, it was decided that $.45 per one thousand dollar of valuation would be sufficient. Council President Palmer pointed out that in Chief Buzalsky's memo, no where in the six year of estimating does the levy require a figure more than $.45 per one thousand dollar valuation. Council President Palmer stated he does not feel a figure of more than $.45 is feasible, as it is his opinion the City EDMONDS CITY COUNCIL MINUTES Page 6 January 7, 1992 should only go to the taxpayers for what the City has reasonably seen as a maximum amount that the levy might require. Councilmember Kasper asked Art Housler, Finance Director, if the City had any problems with this type of levy causing compression on the maximum levies in the area. Mr. Housler replied the City is allowed to collect $3.60 per thousand in total levies by the City, and Mr. Housler noted the City currently only collects $1.70 per thousand by way of property taxes. Councilmember Kasper expressed his concern that through the EMS process, the City is basically funding the Fire Department. Chief Buzalsky said the City is funding 25% of personnel costs and 50% of the Assistant Chief and Training Officer's salary. Mr. Buzalsky referenced his estimated costs for the six year period and noted that he can easily see within six years having to provide for two full-time paramedic units, which is not provided for in his figures. Councilmember Dwyer stated it is important that the Council unanimously vote on the wording of the ballot and correct figure per thousand, as Councilmember Dwyer does not want to send a mixed message to the public. Councilmember Nordquist feels the City is being driven to a philosophy in which the Council has never agreed to, which is the Fire Department has driven the City to go into the aid car business. Councilmember Nordquist said the Council is not on record as saying the City would provide this service to the extent in which it has. Councilmember Nordquist said he is not saying the medical concerns of the community is not important, however Councilmember Nordquist feels there needs to be a point in time when the City takes a stance on how far it should go. Councilmember Nordquist feels there are many repairs and replacements needed on various Fire Department equipment, and that issue also needs to be addressed. Mayor Hall stated the label "Fire Fighter" is changing. Mayor Hall noted the ratio of the number of fires the City fights is much lower than the aid car call outs and the emergency runs. Mayor Hall believes this would be a good subject to discuss at a retreat, as the philosophy needs to be addressed. Councilmember Wilson said cities all over the United States are facing the same problems, and the City of Edmonds needs to address this and make some decisions in the near future. Council President Palmer said one of the things that is going to be clear in the vote, is the City will have a clear indicator from the citizens as to whether they feel the service is needed or not. Council President Palmer said if the citizens vote no on the ballot measure, the Council will have a very clear direction on what should be done in that area. Councilmember Kasper stated if the City has already paid out the monies set aside in the budget to carry the EMS for 1992, and also adopts the schedule previously presented by Chief Buzalsky to pay for the EMS for a six year time period, the City still has not addressed the problem of bringing the Fire Department's equipment up to speed. Councilmember Kasper said the issues discussed only bring the Medic equipment up to speed. Discussion ensued on this matter, and the Council decided on the following wording of the proposition: COUNCILMEMBER NORDOUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, FOR THE PASSAGE OF ORDINANCE 2861 WITH THE INSERTION OF "UP TO 45 CENTS PER ONE THOUSAND" AND WITH THE WORDING OF THE PROPOSITION AS AGREED TO AT THE COUNCIL MEETING WHICH SHALL READ: "TO CONTINUE THE PRESENT 24 HOUR TRANSPORT AID CAR AND MEDIC 7 ADVANCED LIFE SUPPORT PROGRAMS SHALL UP TO 45 CENTS PER ONE THOUSAND DOLLARS OF ASSESSED VALUATION IN EXCESS PROPERTY TAX BE LEVIED BY THE CITY OF EDMONDS PURSUANT TO RCW 84.52.0690. MOTION CARRIED UNANIMOUSLY. DISCUSSION ON OFFICIAL CITY POSITION REGARDING FERRY DOCK Peter Hahn, Community Services Director, said the Ferry Policy Committee will meet on January 13, 1992 to finalize the ferry dock location report. Mr. Hahn reviewed the four "no"s in which the City Council has adopted (second slip; widening; overhead loading; commercialization), and asked the Council for direction in conveying the City's position. Mr. Hahn suggested the Council President set an agenda date in the near future in order for Reid -Middleton to present their draft report. Councilmember Kasper brought up the information in which Ms. Jo -Anne Jaech had reported on and asked Mr. Hahn if he planned to attend the Legislative Transportation Committee Meeting on Thursday, January 9, 1992. Mayor Hall replied attendance at that meeting would be discussed at the Staff meeting in the morning. EDMONDS CITY COUNCIL MINUTES Page 7 January7, 1992 Council proceeded to discuss the issue further and it was the consensus that the Council is not yet ready to issue a statement; however, Council would like Staff to.express the Council's position as outlined in the letter singed by the Mayor and Council President. The Council felt it is premature to take one position and is still at the letter level and asked Mr. Hahn to reiterate this at the upcoming meeting. Councilmember Nordquist left the meeting at 9:52 p.m. Mr. Hahn also suggested the Council proceed with the waterfront and downtown consultant finalization. As a procedural matter, at 10:00 p.m., COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED. DISCUSSION OF FUNDING FOR 168TH STREET WATER VAULT RELOCATION AND AUTHORIZATION OF `l MAYOR TO SIGN AGREEMENT WITH CITY OF LYNNWOOD. Peter Hahn, stated the City of Lynnwood started widening 168th St. in 1991 with Community Services Director, ty y g , the project completion scheduled for summer 1992. Mr. Hahn said as part of the remaining work, a water vault linking Edmonds with Alderwood Water District must be relocated. The vault connected the City to the Everett regional water system, supplying about two thirds of the City's water. Mr. Hahn stated Edmonds is required to fund this project. Mr. Hahn said the City of Lynnwood is asking for a formal agreement to guarantee payment before proceeding with the construction. Mr. Hahn also stated the City of Lynnwood has agreed to submit this element for 80% funding by the Transportation Improvement Board as part of the project closeout in the summer of 1992, something Lynnwood did not do when originally applying fo the project grant in 1989. Mr. Hahn stated TIB staff told Edmonds staff on January 2, 1992, that the project probably would not have qualified for TIB funding under the old Edmonds - Lynnwood franchise agreement, however, there may be a creative way to get over the grant eligibility issue between now and summer, and this new agreement may help make the vault relocation grant -eligible. Mr. Hahn explained that regardless of the grant funding question outcome, Edmonds is obligated to pay for this utility work. Councilmember Palmer stated he was upset by the fact that Staff knew of this potential cost in March 1991, and never brought it forward during the budgetary process. Councilmember Palmer said even though there is $400,000 for waterline projects in 1992, it behooves Staff to bring it forward so the Council can determine what other projects might have had to be delayed because of this $125,000 expenditure. Councilmember Palmer said it makes budgeting for the City extremely difficult when there are expenditures of this magnitude. Councilmember Dwyer said it is his understanding there is still hope there will be other funding other than the 412-200 Fund, and Mr. Hahn replied affirmatively. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO PROCEED AS RECOMMENDED BY STAFF TO APPROVE THE AGREEMENT AND A PROJECT BUDGET OF $125,000, WITH FUND 412-200 AS THE SOURCE, WITH THE INTENTION OF GOING TO THE TIB FOR REIMBURSEMENT OF THE MONIES SPENT. MOTION CARRIED. C"S EMS DISCUSSION City Attorney Scott Snyder interjected that Ordinance 2861 provides for giving notice by the 10th of January. Mr. Snyder noted the City has a standard 5 days effective clause, and asked the Council to reconsider the Ordinance in order to insert an "emergency clause'. It was noted the maker of the motion was not present, however, since it was a unanimous decision, Councilmember Dwyer asked Mr. Snyder if that could be accomplished through a separate motion, and Mr. Snyder replied affirmatively. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL DECLARE, BY UNANIMOUS CONSENT, THAT THE PASSAGE OF ORDINANCE 2861 BE AN EMERGENCY ORDINANCE. MOTION CARRIED UNANIMOUSLY. COUNCIL REVIEW OF UNFUNDED COMMUNITY ORGANIZATIONS REQUESTS Councilmember Wilson stated these requests were extensively reviewed during .the budgetary process and recommended the funding requests from Pathways for Women, Community Health Centers, Housing 0 Improvement District, Senior Center remodel, not be considered for funding due to budgetary constraints. Councilmember Wilson recommended, however, the Korean Veterans' War Memorial and Edmonds Visitors Bureau be funded by the City of Edmonds. EDMONDS CITY COUNCIL MINUTES Page 8 January7, 1992 Councilmember Wilson stated the funding for the Edmonds Visitors Bureau is the one opportunity for the City to invest in a way that can enhance the property tax base and improve the City. Councilmember Wilson said the Edmonds Visitors Bureau does excellent work and highly recommended that the Council give full consideration to funding the Bureau. Councilmember Kasper inquired on the City's obligation to fund Pathways for Women. Discussion ensued on this matter and it was decided Mr. Housler would gather some additional information for the Council and bring it to the Finance Committee for deliberation on Tuesday, January 14, 1992. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXTEND THE MEETING FOR AN ADDITIONAL TEN MINUTES. MOTION CARRIED. Councilmember Kasper inquired what was the intention for the money remaining for these requests, and Mr. Housler replied the money to fund these organizations is not included in the budget. Councilmember Dwyer said he is not ready to vote on any of the unfunded requests at the present time, as the City has just finished the budgetary process, and circumstances have not changed that would allow the City to fund the requests. Councilmember Dwyer feels if the EMS levy passes, then would be the time to revisit the issue. Councilmember Palmer said when the Council went through the budgetary process, the Council identified the outstanding requests, and the Council understood at the time that monies from the Council Contingency fund might be necessary to cover any or all of the requests, and Councilmember Palmer believes the Council budgeted within the Council Contingency Fund accordingly. Councilmember Palmer feels the one request that is critical to the financial well being to the City is the funding for the Edmonds Visitors Bureau. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ALLOCATE $12,000 FROM THE COUNCIL CONTINGENCY FUND FOR THE EDMONDS VISITORS BUREAU. Under discussion, Councilmember Kasper asked Mr. Housler if the EVB is receiving any other financial support V from the City at the present time, and Mr. Housler replied they have received $18,000 from the City. Councilmember Kasper asked if the requested $12,000 is in addition to the $18,000 for a total of $30,000 and Mr. Housler replied affirmatively. Councilmember Kasper said that previous Council discussion was not to give the EVB $30,000, but to reduce it to $24,000, and Councilmember Kasper said he would not support the motion. MOTION CARRIED with Councilmember Kasper and Councilmember Dwyer voting no. Council President Palmer stated the Council needs to address the remainder of the unfunded requests. Councilmember Earling stated he is comfortable with providing funding for the Visitors Bureau, however, he is not ready to vote on any other request at this time. MAYOR Mayor Hall noted a liquor license application for Brodeen's Food and Deli. Mayor Hall noted the application is for a transfer of an existing license, and asked the Council if they had any comments on the application. Councilmember Palmer expressed his concern that the applicant does not speak or understand English to a degree that they might not successfully be able to carry out the liquor laws. Councilmember Dwyer expressed his concern that the City has no evidence to show the applicant can't carry out the liquor laws successfully, therefore, the Council should be careful in taking any kind of official decision. COUNCIL Councilmember Dwyer stated there is a report on the audit from the Auditor being circulated within the Council, as well as a past memo from Ogden, Murphy, and Wallace regarding the manner in which the Council approves claims and vouchers. Councilmember Dwyer noted the two items are related, and said the Audit report makes 5 findings, three of which appear to at least have some level of disagreement between Staff and Auditor. Councilmember Dwyer suggested setting some time in the future at the convenience of the Mayor to come back to the Council with a recommendation as to whether or not the current practices should be kept intact, or whether the changes suggested by the Auditor should be adopted. EDMONDS CITY COUNCIL MINUTES Page 9 January 7, 1992 N'~Councilmember Dwyer also stated a hearing should be set in March with regards to the Adult Entertainment r issue. Councilmember Dwyer asked that the Mayor come forward with the Staff/Mayor recommendation on this subject. Council President Palmer set March 3, 1992 as the date for the hearing. Brett Shirley, Student Representative, said it seemed to him the complexity level might be unnecessarily high or some of the issues. Mr. Shirley commented on the packet over 40 pages with regards to a deck structure. Councilmember Wilson agreed with Mr. Shirley and said the City Council needs to rethink some of thesE procedural issues. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO EXTEND THE MEETING. MOTION CARRIED. ^y� Councilmember Earling brought up some of the comments made by Jo -Anne Jaech concerning the funding �1 J information. Councilmember Earling believes the Council needs to get on track as fast as it can, and feels a presentation by Bruce Agnew to the Council would be very beneficial in the near future. Councilmember Hall stated he would like the issue of the Norma Beach Annexation brought before the Council at some point in the near future. Councilmember Hall said he would like to look at the revised figures that Staff has prepared, and try to preserve an option to look at the issue again. Councilmember Hall was concerned that the City might lose this option if it does not take a position. Council President Palmer noted this item could be placed on the January 14, 1992 Agenda, and the Council concurred. It was noted Peter Hahn would provide the Council with the necessary information for that meeting. Councilmember Kasper asked for a 10-minute Executive Session on January 14, 1992 to discuss property matters. Council President Palmer thanked the Council for their vote of confidence in electing him Council President for 0 1992. Council President Palmer reminded the Council of the upcoming Council/Staff Retreat on February 14 and 15 in LaConner. Council President Palmer asked Councilmembers to think about topics for the retreat. Council President Palmer also noted he would schedule some time on the January 28 City Council Meeting for Bruce Agnew to make a presentation on Federal Funding, if he is available. Council President Palmer also said that would be a good time for consultant, Reid -Middleton & Associates to give a presentation. With no further business Mayor Hall adjourned the meeting at 10:45 .m. Y 1 9 P THESE MINUTES ARE SUBJECT TO JANUARY 7, 1992 APPROVAL. THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. ONDA J. "1ARCH, ITY CLERK IR +A I`1A n, EDMONDS CITY COUNCIL MINUTES Page 10 January7, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JANUARY 7, 1992 CALL TO ORDER FLAG SALUTE ADMINISTRATION OF OATHS OF OFFICE TO ELECTED OFFICIALS BY SNOHOMISH COUNTY SUPERIOR COURT JUDGE RICHARD J. THORPE AND FORMER SUPERIOR COURT JUDGE ALFRED 0. HOLTE RECESS FOR RECEPTION (30 MINUTES) 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 17, 1991 (C) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH JOHN GALT FOR HEARING EXAMINER PRO TEM SERVICES FOR 1992 (D) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED 5-LOT PRO/SUB- DIVISION AT 18208 - 18218 76TH AVE. W. (APPELLANT: WILLIAM AND PAMELA HAROLD, ET AL; APPLICANT: THOMAS BELT - FILE NOS. AP-25-90 /PRD-2-90 / P-2-90). (E) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH MERRITT & PARDINI FOR DESIGN SERVICES FOR PUBLIC WORKS FACILITY ($14,700) (F) PROPOSED RESOLUTION 734 FOR INTERLOCAL AGREEMENT FOR COORDINATION OF URBAN GROWTH AREA PLANNING (G) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH URBAN FORESTRY SERVICES FOR REFORESTATION PLAN AT PINE RIDGE PARK AND YOST PARK ($3,800); AND AUTHORIZE STAFF TO PROCEED WITH IMPLEMENTATION OF PLAN (H) PROPOSED ORDINANCE 2866 ADOPTING SALARY PLAN FOR NONREPRESENTED EMPLOYEES 2. AUDIENCE 3. ELECTION OF CITY COUNCIL PRESIDENT 4. APPOINTMENT OF COMMITTEE REPRESENTATIVES 5. HEARING ON HEARING EXAMINER'S RECOMMENDATION REGARDING APPEAL OF (30 MINUTES) ENVIRONMENTAL DETERMINATION (SEPA) ISSUED FOR A BUILDING PERMIT FOR A DECK AT 1126 "B" AVENUE (APPELLANT: JOHN CLAUS / APPLICANT: KURTIS DUNPHY /FILE NO. AP-13-91) 6. CONTINUED COUNCIL DELIBERATION ON APPEAL OF HEARING EXAMINER DECISION (15 MINUTES) REGARDING SETBACK ADJUSTMENT TO REDUCE 25-FOOT SETBACK TO 16 FEET TO ALLOW A DECK ADDITION AT 23800 74TH AVE. W. (APPELLANT: CLARENCE CAPON/ APPLICANT: HELEN MAE DELLER / FILE NOS. A-12-91/AP-12-91/AP-18-91) CONTINUED FROM OCTOBER 29, 1991 7. ADOPTION OF WORDING FOR EMS VOTE -BY -MAIL BALLOT AND PROPOSED (15 MINUTES) ORDINANCE 2861 SETTING AN ELECTION DATE OF MARCH 10, 1992 8. DISCUSSION ON OFFICIAL CITY POSITION REGARDING FERRY DOCK (15 MINUTES) 9. DISCUSSION OF FUNDING FOR 168TH STREET WATER VAULT RELOCATION AND AUTHORIZATION OF MAYOR TO SIGN AGREEMENT WITH CITY OF LYNNWOOD (10 MINUTES) 10. COUNCIL REVIEW OF UNFUNDED COMMUNITY ORGANIZATIONS REQUESTS il. MAYOR 12. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE