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19810615 City Council Minutes7 June 9, 1981 - continued Councilmember Jaech thought the Council should get a status report from John LaTourelle on the projects on which he is working. She -was interested.in.knowing where.he was on the schedule. LJ Council President Allen proposed -that Council work meetings actually become true work meetings, and. she thought with the light extended agenda for the summer this was a good time to start. She asked that the Staff..prepare for the..June:23.work meeting any presentations they may have for .the June 30 meeting, and the major part of .the.Staff discussion will.be..at the June 23 work meeting. They can then be directed at the work meeting and Council -action taken at the following regular meeting. There will be no Consent Agenda items,on the work meeting agendas and the only things to be on those agendas will be the things to'be acted on at the following meeting. Councilmember Allen commended Finance Director Art Housler.on the Comprehensive Annual Financial Report. Mayor Harrison said interviews are proceeding for the M.A.A. position, five being scheduled within the next week. Councilmember Kasper asked the'.status'.on reorganization of,the Public Works Department. It will be discussed at the next Personnel' -Committee meeting and placed on the.July 21, 1981 agenda. There was no further business to come before the Council, and the meeting adjourned at 9:50 p.m. IRENE VARNEY MORAN, Rty Clerk June 15, 1981 - Special Meeting HARVE'H. HARRISON, Mayor A special meeting of the Edmonds City Council was called to order at 7:38 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. The special meeting was held on Monday instead of the regular Tuesday date because of the Association of Washington Cities convention which coincided with -that date. All present joined in the flag salute. PRESENT Harve Harrison, Mayor Jo -Anne Jaech Ray Gould Katheri ne- Allen Bill.Kasper John Nordquist Larry Naughten CONSENT AGENDA ABSENT. STAFF PRESENT Mary Goetz Marlo Foster, Police Chief Jack Weinz, Fire Chief Jack Mitchell, Acting Public Works Director Irene Varney Moran, City Clerk Mary Lou Block, Planning Director Art Housler, Finance Director Jeff Ristau, Accountant Jim Adams, City Engineer Felix deMello, Building & Grounds Supt. Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Teresa Quigley, Recording Secretary Item (D) was removed from the Consent Agenda. COUNCILMEMBER.NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of June 9, 1981. (C) Approval of annual Boy Scout Chicken-Q at City Park. PROPOSED ORDINANCE AMENDING 1981 BUDGET TO INCREASE THE.REVENUE AND APPROPRIATIONS OF GENERAL.FUND, COUNCIL CONTINGENCY -FUND. -AND CAPITAL IMPROVEMENTS FUND [Item (D) on Consent Agenda Finance Director Art Housler explained that the proposed ordinance amending the 1981 Budget was not received in time to meet the legal filing requirements. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO FORMALLY PLACE THIS ITEM ON.THE JUNE 23, 1981 AGENDA. MOTION CARRIED. Mr. Housler requested that Item 4 on the agenda be heard -after Item 5, as the representative from Foster and Marshall had not yet arrived. PRESENTATION ON SOLAR HEARING.FOR YOST PARK POOL Parks and Recreation Director Jim Jessel reported that the extensive promotion of solar heating in recent years has prompted him to investigate the possibilities for putting a solar heating unit on Yost Park Pool, the primary objective being to reduce utility costs substantially. Mr. Jessel stated that he had talked to several manufacturers, and they have asserted that the expense of installing a solar unit would be regained within.five to six years by the reduction 1 1 1 L� 1 1 in utility costs. With Councilmember Allen's assistance, Mr. Jessel had contacted the Puget 0 27 • June 15, 1981 - continued Sound Council of Governments to find someone unbiased to give an expert presentation on solar heating to the City Council: They.recolmended Western SUN, a federally sponsored organization, .which.offered the services of their Western Washington Outreach.Coordinator, Evan Brown. Mr. Jessel introduced Mr. Brown, who then gave a slide presentation on.solar heating. Mr. Brown also discussed the pros and cons of.placing a cover over the pool in the evenings. He stated that a pool cover alone.could.save up to 70% in energy costs, would be less expensive of an investment than solar,.and would be a -faster payback.: His final recommendation was that the City.consider purchasing a,.good quality pool cover,.then monitor energy.consumption before and .after using the cover to -determine the energy savings. The City would then .be in a better position to decide whether or not a solar system would,.be significantly advantageous. Mr. Jessel explained, at the Council's request,.that a..pool cover is a blanket that is placed on top of the water, rather,than,a dome. He stated that,the cost for natural gas to heat the pool may increase from $7,OOO to $10,000 next year. He indicated that.a good quality pool cover with a guaranteed life of ten years would cost approximately $13,000, and with a 70% energy savings would pay for itself within two years. Councilmember Gould responded that it would probably take three to four years, taking into consideration -depreciation, etc. Mr. Jessel stated that funds for this purchase would come out of the Building and Grounds budget for utilities. This was confirmed by Building and Grounds Superintendent Felix deMello. Councilmember Gould suggested that other..cities which have considered and perhaps purchased pool covers be contacted to gather further information regarding maintenance,.storage,-and ease of handling. IT WAS THEN MOVED BY COUNCILMEMBER ALLEN, SECONDED BY COUNCILMEMBER GOULD, THAT AUTHORIZATION BE GIVEN TO THE DIRECTOR OF PARKS AND RECREATION TO.INVESTIGATE FURTHER THE FEASIBILITY OF A BLANKET COVER FOR YOST PARK POOL, INCLUDING COSTS AND SAVINGS FACTORS. MOTION CARRIED. STATUS REPORT FROM FOSTER & MARSHALL REGARDING.PROPOSED BOND ISSUE AND PROPOSED ORDINANCE AMENDING DEFINITION OF THE UTILITY TAX Finance Director Art Housler introduced Jerry Nowlin, bond counsel from Foster & Marshall. Mr. Nowlin reported that in response to the City's request for an improvement in its bond rating a Moody's bond rater had given them reconfirmation of the current Baa-1 rating. The reasoning behind this decision was the rater's concern over: (1) The erratic financial history of the City"s Water/Sewer operation; (2) The City's.not running revenues from the utility tax through the books of the Utility Fund''before they are recei.pted in the General Fund; -and (3) Rates not being adjusted on a regular basis. Mr. Nowlin stated that the City had taken steps to stabilize the utility system's cash flow, and it had been assessed that the only other thing the City could do to increase its chances of receiving an A rating would-be to revise the way it processes utility tax money. Mr. Nowlin advised that by repealing the City's 8.25% utility tax on water and replacing it with an 8.25%.surcharge on the utility's base and variable water rates, it would increase the utility's debt service coverage. He indicated that this could be viewed by the raters as a significant strengthening of the City's credit. Mr. Nowlin stated that the City Attorney and Bond attorney had drafted the proper ordinances to put this revision into effect and,.if approved, they immediately would be provided to the rating agency along with a letter of explanation. FOLLOWING DISCUSSION,.IT WAS MOVED BY COUNCILMEMBER ALLEN, SECONDED BY COUNCILMEMBER NORDQUIST, TO"PASS ORDINANCE 2210 REPEALING SECTION 3.20.050(C) OF THE EDMONDS CITY CODE WHICH IMPOSES AN 8.25% TAX ON GROSS INCOME FROM THE SALE OF WATER WITHIN THE CITY OF EDMONDS. MOTION CARRIED: IT WAS THEN MOVED BY COUNCILMEMBER ALLEN, SECONDED BY COUNCIL'MEMBER NORDQUIST, TO PASS ORDINANCE..2211, ADDING A NEW SECTION 7.30.030(G) TO THE EDMONDS CITY CODE TO IMPOSE.AN 8.25% SURCHARGE ON WATER'CONSUMED. COUNCILMEMBER KASPER MOVED TO AMEND THE ORDINANCE BY INCLUDING THAT THE CITY DOES NOT INTEND TO IMPOSE A UTILITY TAX ON WATER IN ADDITION TO THIS SURCHARGE IN THE FUTURE. City Attorney Wayne Tanaka advised that it would not be proper to include that statement in an ordinance. Councilmember.Kasper withdrew his motion, but repeated his intentions. MOTION CARRIED.• Mr. Nowlin requested direction from the.Council on how to proceed with the marketing of this issue, and the Councilmembers concurred that a commitment should not be made until an answer has been received from the rating agency. The Council instructed Mr. Nowlin to watch the marketplace and keep the Finance. Director -informed. Mr. Nowlin indicated that by the June 30 Council meeting the rating should have been received and he could have a proposal -prepared. He stated that once the Council accepts a proposal, the closing procedure would take approximately 30 days. HEARING ON LOAD LIMIT RESTRICTIONS.REGARDING TRANSIT ROUTE ON PORTION OF 76TH AVE. W., FROM 228TH TO HIGHWAY 99 Councilmember Nordquist requested that this item be deferred unil the July 21 Council meeting as the citizens who would be affected by this proposal were inadvertently misadvised by the Lake Ballinger Community Club that the hearing would be held on Tuesday, June 16, and also they had not had time to meet and discuss the proposal which had been changed to include a longer portion of 76th Ave. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO DEFER THIS ITEM UNTIL THE COUNCIL MEETING OF JULY 21, 1981. MOTION CARRIED. PUBLIC HEARING TO REVIEW ARCHITECTURAL DESIGN BOARD Councilmember Naughten explained that the ADB has some frustrations, both internal and external, and had suggested this hearing. The hearing was opened to the public. Natalie Shippen, 1022 Euclid, expressed her general satisfaction with the performance of the ADB since its inception; however, she'made the following suggestions for improvement: (1) That the Board be wholly made of technicalpeople; (2) That there be five members, including three archi- tects, one planner, and one -landscaper; (3) That terms of office be changed from four to three years; and (4) That there be a rule that no more than two of the Board members can be in the buildinc profession. She said the Board members should be reminded of their role, that -of making judgment strictly on the design that*is before them. She further recommended that the problems of the ADB not be reviewed by the Planning Advisory Board. No one else wished to speak, and.the hearing was closed. June 15, 1981 - continued • Councilmemher Naughten listed some of the concerns of the ADB that were brought out at a Public Works/Community Development Co mmittee,meeting in May. These included: (1) Lax enforcement of the Community Development Code, parti.cul.arly regarding signs; (2) Lack of strength in membership on the Board; (3),Confl'ict between City -Council and ADB on philosophies; (4) Minutes of the ADB meetings being distributed too late; and.(5) Need for an up -front review of all facets of the Board. Planning. Director Mary Lou Block -recommended that one problem.could be solved by eliminating minutes at Hearing Examiner meetings. She stated that there is really no need, as the.Hearing Examiner includes everything in detail in his -Findings of Fact and.Conclusions and that a tape recording is made of each meeting. If relieved of this duty, Jackie Parrett could take the minutes of the ADB in place of Cindy Noack who is taking them now in addition to her full.workload, and they could be expedited. City -Attorney Wayne Tanaka advised that a tape.recording of the Hearing Examiner meetings would meet State and code requirements. Thus, the Council agreed that minutes no longer will have to be taken at -Hearing Examiner meetings. Councilmember.Gould commended the ADB on.the service it has provided over the years. He referred to a letter received by the Council from the Edmonds Council of Concerned -Citizens in which they suggest that the City Council review pertinent -sections of the Community Development Code and Ordinance 1846 to determine what ADB.:statutes, if any, need to be revised. The Council agreed that this should be done. IT'WAS THEN MOVED BY COUNCILMEMBER ALLEN, SECONDED BY COUNCILMEMBER GOULD, THAT FINDINGS -OF THIS REVIEW BE DISCUSSED AT THE COUNCIL MEETING OF JULY 21, 1981. MOTION CARRIED. DISCUSSION ON WATER/SEWER RATE STRUCTURE In response to a citizen's inquiry (Mr. Bill Crow), Finance Director Art Housler gave a presentation explaining why multi -family water/sewer rates are less per unit than those of single-family resi- dences. Using.charts,.he showed. -that the rate structure,developed by Price -Waterhouse resulted in equitable water/sewer rates for.all classes of.customers.. He added that Price -Waterhouse is a CPA firm that was selected to do a.water/sewer rate study for the City on the basis. of its. independence and national reputation for integrity, and -upon its recommendation the current rates were placed in effect March 1, 1.981. Councilmember Nordquist left the Council meeting during this discussion. The Council directed Mr..Housler to send a letter of explanation .to Mr. Crow, as he was not present, including copies of the charts that were used to answer his question. The Council recessed for a ten minute.break. SENIOR FIREFIGHTER POSITION Fire Chief Jack Weinz said that his memo to the Mayor which was discussed at the last Council meeting clearly stated his position on.this,matter. He was questioning whether there is a limit on the number of Senior Fire Fighter positions that can be filled. He explained that this question was brought up recently when two of his men who had met the length of service and education requirements also successfully completed the Civil Service examination.for the Senior Fire Fighter position. It was the Chief's understanding that.only one position could .be filled; therefore, only one man was promoted. The other man wanted to'know why, when he met all,.of.the'requirements, he.could not be advanced also. Chief Weinz stated that he views the Senior. Fire Fighter position as the 'top level of a journeyman and that advancement-td this position should not be restricted. He explained that the Senior Fire Fighter serves as an.assistant to the shift..lieutenant and takes his -place during leaves at an additional pay rate. Councilmembers Allen and'..Gould expressed the opinion that anyone who had worked to meet all of the requirements deserved to.be advanced to this position. Mayor Harrison advised that the Senior Fire Fighter NE-12 pos.it Ton.was added to make it comparable to the Senior.Patrolman NE-12 position A n,the Police Department,. and that at present an NE-11 is the top position that can be achieved automatically. IT WAS MOVED BY.000NCILMEMBER ALLEN, SECONDED BY COUNCILMEMBER GOULD, THAT ANY RESTRICTIONS'ON.THE NUMBER OF SENIOR FIREFIGHTER POSITIONS BE WITHDRAWN, WITH THE STIPULATION THAT.THE TOTAL MANPOWER OF THE FIRE DEPARTMENT SHOULD REMAIN CONSTANT. Mayor • Harrison objected to raising the automatic advancement level to an NE-12 position in the Fire Department, as the Police Department and Public Works Department.have the same situation.. He felt the limit should be left at an NE-11 in order'to line up with the other two departments.. THE MOTION AND SECOND WERE THEN WITHDRAWN. The'Council requested that Mayor. Harrison provide them in writing with a detailed explanation of how the different positions and promotion levels were established, so that they may discuss it at the Ju.ly.14 Finance/Public.Safety Committee meeting. It was -decided that discussion of this review should be placed on the July 21, 1981 Council agenda. DISCUSSION OF MUNICIPAL DEPARTMENT OF'DISTRICT COURT City Attorney Wayne Tanaka reported that,Finance Director Art Housler and he had done.a study on the financial feasibility of the City's setting up its own municipal department this year, and they had determined that it would not result in.any appreciable cost.savings. He recommended that the City stay in the District Court the rest'of this year. Councilmember Allen advised that she, along with representatives from the other South County cities, had met_with.the County, and that they had reached a tentative agreement on filing fees for District Court. She stated that this three-year agreement would set the fees for'criminal cases at $14 for the rest of 1981, $15 in 1982, and $16 in 1983. Civil traffic infractions would cost $12 for the duration of the contract. She said that as part of the agreement the cities are.as,king that the County assure maintenance of the present level of court services and that the County,wi11 continue.to participate in funding of SNOCOM. The County could not guarantee the minimum 1 evel of service but promised continued participation in SNOCOM, with the funding level to be negotiated at,a later date. Councilmember Allen agreed that the City would be wise to join the other cities in an interlocal agreement with the County and look at establishing its own court later. 'She.expressed the feeling that. the City of Lynnwood remains interested.in.the possibility of J oining Edmonds in a municipal court. IT WAS MOVED BY COUNCIL - MEMBER ALLEN, SECONDED BY COUNCILMEMBER GOULD, THAT THE COUNCIL AUTHORIZE THE CITY ATTORNEY TO WITHDRAW THE CITY'S.REQUEST FOR•ITS;OWNtMUNICIPAL COURT. 'MOTION CARRIED. (Councilmember Mordquist was not present for the vote.) 'It was agreed that the City Attorney should keep in touch with Lynnwood regarding a joint court.. Councilmember Gould stated that he still wants to pursue the possibility of changing the.State legislation to allow the. City of Edmonds to have is own municipal • court. Other Councilmembers.agreed to help in this endeavor. :!. 275 June 15, 1981.- continued AUTHORIZATION OF AGREEMENT.FOR.CONTRACTED LANDSCAPE...,DESIGN SERVICES WITH NANCY DILWORTH 1 E �I 40 Parks.and Recreation Director•Jim Jessel reminded the Council that they had approved a $5,000 allocation from Unanticipated-,Revenuelto cover landscape design services when CETA funding.ended. He requested that a personal services contract be approved.for-Nancy Dilworth in order for her to continue working on.necessary design projects. Hestated-that-under this contract Ms. Dilworth would be working on approximatelya two-third's basis. .Her salary would be $8 per hour and she would receive medical, dental,:and vision benefits.. She would not receive sick leave or vacation. Mayor Harrison questioned 'how her work would be monitored, and Mr. Jessel responded that he would provide the Council with.a monthly progress report on the projects that have been assigned to her. IT WAS MOVED BY COUNCILMEMBER•GOULD, SECONDED BY COUNCILMEMBER ALLEN, THAT THE PERSONAL SERVICES CONTRACT WITH NANCY DILWORTH'BE-APPROVED. MOTION CARRIED... (Councilmember Nordquist was not present for the vote.) COUNCIL Councilmember Naughten advised that there is a misunderstanding in regard to the money.to be collected for parking on the evening of the fireworks display. He stated that the Fireworks Committee under- stood that this money would be used to help defray the cost of the fireworks, but the ordinance approving the parking -'fees stated that the money would be used to defray overtime expenses for City personnel' to do cleanup. City Attorney Wayne Tanaka explained that the ordinance was written this way as there is a legal problem with the City giving the money directly to the Fireworks Committee. However, the -money could be deposited into the General Fund and then, in turn, the City could cosponsor the fireworks display as a civic activity.. He advised that rather than change. the ordinance to reflect this, the Council should authorize cosponsorshipof the display. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY'COUNCILMEMBER GOULD, THAT THE -MAYOR BE INSTRUCTED -TO WRITE A LETTER TO THE FIREWORKS COMMITTEE EXPRESSING THE CITY'S INTENT TO CONTRIBUTE AS PART OF THE SPONSORSHIP OF THE FIREWORKS PROGRAM. Counci'lmember.Allen stated that she felt this motion would obligate the City to pay for whatever expenses that were not defrayed by contributions collected for the display. Councilmember Kasper responded that the'City would..only be obligated to contribute what it had collected in parking fees and if there was an excess..it would be held to help -pay for next year's program., MOTION CARRIED, WITH COUNCILMEMBER ALLEN VOTING NO. (Councilmember Nordquist was not present for the vote.) Councilmember Gould advised that he would be absent from'the Council meeting of June 23. Councilmember Allen advised that Barbara Revo.from Cabot Dow would be present at the Executive Session next week to discuss:labor negotiations. Councilmember Gould requested input from the Staff regarding issues for which they would like the Council to bargain. Councilmember Allen stated that she had applications from the Selective Service.System if anyone would like to be on the Selective Service Board. Councilmember Allen advised that the Port Commission is at a standstill regarding the ferry dock. Councilmember Allen responded -to -a question brought,up by Staff members that they need not attend committee meetings unless directed to do so by their supervisor. Councilmember Allen requested clarification of what action can be taken to clean up sandwich boards in the City. .Councilmember Kasper expressed concern over bright lights that.are situated on private property. He stated that this type of light is not allowed on public streets and he requested that the Staff look into what could be done about this and make a recommendation. Mayor Harrison reported that'a letter of complaint had. .been received from Lester Hanvey, 608 Sunset Ave. Mr. Hanvey objected to the grassy.strip bordering the west side of Sunset Ave. being used as a park. Police Chief,Marlo',Foster spoke to the matter, stating that the situation on Sunset Ave. has been greatly improved and he feels it is reasonably under control. Councilmembers agreed and indicated that they would respond'thus to Mr. Hanvey. Councilmember. Kasper as.ked.:if-the Arts Commission had been..advised of the reconstruction that would be going on at the Frances Anderson Center during the Arts Festival. Parks and Recreation Director Jim Jessel responded-that.the Arts.Commission should.be fully aware of what is going on, and that the only thing unavailable to them this year will be a flagpole. There was no further business to come before the Council, and the meeting adjourned at 11:09 p.m. -I'RENE VARNEY MORAN, City le.rk HARVE H. HARRISON, Mayor