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19820209 City Council MinutesFebruary 9, 1982 - Work Meeting • The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Harve Harrison in the Council Chambers of.the.Edmonds Civic Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Jim Adams, City Engineer Bill Kasper Irene Varney Moran, City Clerk Ray Gould Mary Lou Block, Planning Director Larry Naughten Marlo Foster, Police Chief Jo -Anne Jaech Jack Weinz, Fire Chief Katherine Allen Art Housler, Finance Director Laura Hall Jim Jessel, Parks & Recreation Director John Nordquist Wayne Tanaka, City Attorney Mark Eames, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (D), (F), (G), (J), (L), and (M) were removed from the Consent Agenda. COUNCILMEMBER NORD- QUIST MOVED, SECONDED BY COUNCILMEMBER GOULD, 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.February 2, 1982. (C) Acknowledgment of receipt of Claim for Damages from Elaine Wilson in the amount of $417.93. • (E) Adoption of Ordinance 2266, requiring Conditional Use Permits for amusement establish- ments. (H) Adoption of Ordinance 2269, changing appeal time to ten working days and defining "Working Day." (I) Adoption of Ordinance 2270, clarifying extensions on Conditional Use Permits. (K) Adoption of Ordinance 2272, amendment to 1981 Salary Ordinance. (N) Passage of Resolution 517, endorsing 1990 Transportation Plan. (0) Passage of Resolution 518, commending Rosalynn Sumners. PROPOSED ORDINANCE ESTABLISHING TWO 5-MINUTE PARKING SPACES IN FRONT OF FINANCE BUILDING [Item (D) on Consent Agenda Councilmember Naughten said they had met this evening with the Chairman of the Chamber of Commerce Parking Committee, Jim Morrow, and discussed the parking problem, and it was decided to hold this item in abeyance until downtown parking is discussed again on March 16. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO CONTINUE THIS ITEM UNTIL MARCH 16, 1982. MOTION CARRIED. PROPOSED ORDINANCE ALLOWING STAFF HEARINGS ON HOME DAY CARE CONDITIONAL USE PERMITS [Item (F) on Consent Agenda Councilmember Jaech'asked if these hearings would be posted, and Planning Director Mary Lou Block responded that they would. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, TO APPROVE ITEM (F) ON THE CONSENT AGENDA, PASSING ORDINANCE 2267. MOTION CARRIED. • PROPOSED ORDINANCE TO ALLOW AMATEUR RADIO ANTENNAS TO EXCEED 15' IN HEIGHT Item G on Consent Agenda Councilmember Hall asked for an explanation of this. Planning Director Mary Lou Block stated that at the present time someone putting up an antenna needs a Conditional Use Permit and also a variance if it is above the height allowed for a structure, and this ordinance would provide that the Hearing Examiner can establish the height and that two hearings will not be required. Councilmember Jaech noted that many antennas are eyesores and that was her concern. Ms. Block said they still must come in for a Conditional Use Permit.and with that conditions canbe established for the use. COUNCIL - MEMBER HALL MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE ITEM (G) ON THE CONSENT'AGENDA, PASSING ORDINANCE 2268. MOTION CARRIED. PROPOSED ORDINANCE.AMENDING IN -LIEU PARKING SECTION 17.50.070 OF COMMUNITY DEVELOPMENT CODE [Item (J) on Consent Agenda] and PROPOSED ORDINANCE ADJUSTING FEES FOR VARIOUS LAND USE APPLICATIONS [Item (L) on Consent Agenda] Councilmember Jaech noted that there were some minor corrections to the ordinances originally provided the Council, and she just wanted to be sure they were incorporated into the ordinances as passed. COUNCILMEMBER JAECH MOVED, SECONDED BY.000NCILMEMBER KASPER, TO APPROVE ITEMS (J) AND (L) ON THE CONSENT AGENDA, PASSING ORDINANCES 2271 AND 2273, RESPECTIVELY. MOTION CARRIED. APPROVAL OF STREET USE PERMIT FOR.CLAIRES PANTRY, 301 MAIN ST. Item M on :Consent Agenda This item was removed because it was.not necessary, being an administrative matter. • February 9, 1982 - continued MAYOR Mayor Harrison advised that Position 4 on the PAB was vacant, due to the resignation of Floyd E. Smith, and he wished .to appoint Ward Phillips, the alternate member, to that position. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CONFIRM THE MAYOR'S APPOINTMENT OF WARD PHILLIPS TO POSITION 4-ON THE PLANNING ADVISORY BOARD, TERM TO EXPIRE DECEMBER 31, 1983. Councilmember Naughten said he would vote against the motion because he would like to wait until the criteria for board members are established and he still was not satisfied -with the make-up of the board as to geographic locations of their residences, and Councilmember Jaech felt the same. Councilmember Kasper observed that the governing ordinance requires that the alternate fill a vacated position for the remainder of the term. The confirmation.of the Council is not required.but the Mayor was requesting it as a courtesy. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEMBERS GOULD, KASPER, ALLEN, HALL, AND NORDQUIST VOTING YES, AND WITH COUNCILMEMBERS NAUGHTEN AND JAECH VOTING NO. MOTION CARRIED. Council President Kasper requested an Executive Session following this evening's meeting regarding two personnel matters. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER ALLEN, NOT TO START DISCUSSION OF ANY NEW AGENDA ITEMS THIS EVENING AFTER 10:00 P.M., EXCEPT FOR COUNCIL PARTICIPATION, AND THEN TO ADJOURN TO EXECUTIVE SESSION. MOTION CARRIED. Council President Kasper said he thought the Council in the future would try to limit meetings to 11:00 p.m., not starting discussion of new items after 10:00 p.m. SUMMARY REPORT OF PREVIOUS ACTION REGARDING COUNCIL USE OF NEW LIBRARY MEETING ROOM Councilmember Nordquist stated that the Council had decided to move to the new library meeting room and the configuration of seating also had been decided. He added that bids had gone out on an established amount of shelving and that existing shelving will be utilized and is being refinished. The bids for shelving had come in approximately $7,000.below the estimate, and Councilmember Nord- quist observed that this could happen on other items, so there was the question of how the leftover funds would be used --.to buy more shelving, to put towards the space needs study, or to go toward retiring of the bonds. Councilmember Allen said it has been the plan of action to allow a certain amount of money but that does not necessarily mean al.l that money will be spent that way, and the Council consistently has said if the cost is less than expected they can use the money for other .things. She personally felt that they had set a limit on the amount of shelving, and if the bids come in at less cost then that is great. Councilmember Gould said they have an obligation to equip the library adequately to do the job, but any monies not spent should not be used for additional equipment or the space needs study, but should only go toward retirement of the bonds. Councilmember Naughten agreed, and.Councilmember Kasper observed that this question had not arisen previously but in this case the Council is not dealing only with the Staff (who understand the policy) but with committees or boards, and they do need more shelving, but he said at this time.he could not say they should buy more. On another subject, Councilmember Nordquist had received a letter from Mae Schoenrock, Director of the Sno-Isle Regional Library, regarding the electric grid system in the floor which was to be on'12' centers and in some areas is 24'. She indicated a.need for more conduit in the floor. Parks and Recreation Director Jim Jessel said there are four areas in the main part of the library that are 24' but the immediate.configuration will not be.affected, although future arrangements may be restricted. Mr. Jess -el added that the architect had said the 12' was not needed in those areas and that it should not be installed. It would cost an additional $6,000 to install it. Mayor Harrison did not think there was much concern for future.configurations because there are other ways. to -accomplish the same thing, such as a flat wire system which is much more flexible. This was discussed briefly, following which COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER GOULD, TO DROP THE REQUIREMENT FOR ADDITIONAL DUCTWORK. MOTION CARRIED. DISCUSSION ON NEGOTIATING: CONTRACT WITH PUBLIC DEFENDER.AND FEES PAID BY OTHER CITIES The Finance Director had surveyed six local cities to determine what they pay their public defenders, and in comparison Edmonds.has been paying a very low fee. Councilmember Gould observed that if Edmonds were to raise the fee paid to $75 per case that.would bring it up to match what Lynnwood pays. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO RAISE THE PUBLIC DEFENDER'S FEE TO $75 PER CASE..Finance Director Art Housler advised that $4,200 additional money would be needed and he recommended that.it come from the 1981 ending cash balance and that it be placed in the City Clerk's budget for this. The total amount not budgeted at this time (from cash carryover) is $8,491. COUNCILMEMBER GOULD MOVED TO AMEND THE MOTION, SECONDED BY COUNCILMEMBER JAECH, TO INCLUDE THE STATEMENT CALLING FOR TRANSFER OF $4,200 FROM THE CASH CARRYOVER TO THE CITY CLERK'S BUDGET TO COVER THE ADDITIONAL COST OF THE PUBLIC DEFENDER. THE MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. DISCUSSION OF WATER/SEWER RATES REGARDING RATE STRUCTURE FOR SINGLE FAMILY UNITS AND APARTMENTS Mayor Harrison read aloud a memo he had addressed to the Council discussing the water/sewer rates.. He indicated that at the time of the Price Waterhouse study they were concerned that the sewer service -charge should not be directly proportionate to the water consumption because a large amount of water is used on lawns in the summer months and does not go into the sewer system, but they could not take that into consideration because the monthly consumption rates were not computerized at the time. Since.that time the Finance Department has computerized the monthly consumption rates and has determined the amount of water used during June, July, August, and September, as compared to the other eight months;.'and it has.been established what percent of the entire water consumption is used for watering lawns and gardens: Therefore, Mayor Harrison recommended that both.water and sewer service be charged on a consumption basis, and that a percentage factor be applied to all sewer service charges to indicate the true amount of water that goes into the sewer system. He said it is recognized that single-family homes have gardens and yards which require water that does not go into the sewer system, so there should not be a charge for that water to be sewered. Some of the Council recalled the uproar from many citizens when they received their bills based on a consumption rate. u 388 February 9, 1982 - continued . Finance Director Art Housler referred to the Price Waterhouse report and he read the following excerpts: "The recommended cost recovery philosophy and methodology, upon which the proposed rates are based, is presented in detail in Section IV. In accordance therewith, both the proposed water and.sewer rates are based upon the cost -of -service principle... The proposed sewer rates are consistent with the requirements of the federal construction grants program for municipal wastewater treatment works. . . The federal construction grants program for municipal wastewater treatment facilities requires that operation and maintenance costs, including the costs of replacement, be recovered through user charges. Each user (or user class) must pay its proportionate share of operation and maintenance costs associated with the treatment works based upon the user's proportionate contribution to the total wastewater loading from all users (or user classes). To insure a propor- tional distribution of these costs to each user (or user class), the user's contribution must be based upon such factors as volume and, where appropriate, sewage strength parameters. Quantity discounts to large volume users are unacceptable. Pursuant to discussions with the Director of Public Works, we understand that there are no nonresidenti.al customers which discharge waste with sewage strength characteristics per unit of volume greater than that found in sanitary waste. Because of this situation, all sewer users essentially receive the same type of service." Mr. Housler also quoted the February 17, 1981 City Council Minutes which stated that the citizens asked for a flat rate and that is what they received. Councilmember Naughten said anything this complicated should be given a long look, and he wished some time to study it. Councilmember Gould thought the wisest.thing to do was to leave it alone for the present and to reaffirm the'Council's current stance on the rate structure and collect more data before there is any change. He thought there should be more than one summer used as a base. Council - member Naughten was not convinced that the structure is equitable. Councilmember Kasper said unless there is some big discrepancy in the summer water figures after two or three more summers, that he thought the figures presented confirmed what they previously were told, and he said this new input has made him comfortable with the rates now in existence. He thought they should not be modified • for at least two or three years. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO AFFIRM THE WATER/SEWER RATES THAT WERE SET AT THE PREVIOUS DISCUSSION AND THAT THE PRICE WATERHOUSE STUDY RECOMMENDATION BE FOLLOWED AND THIS BE REVIEWED ONE YEAR FROM NOW. Mayor Harrison said the rates really were not set on the Price Waterhouse recommendation as it was on consumption. He said it does not appear logical to divide people in single family and multiple family homes as. a single family home has less going into the sewer system than a multi -family with more people in it, and if it were done bythe number of people residing in each residence it could be determined how much goes in, but it is almost impossible to monitor how many people live in a home, so the next best thing is to charge on a consumption basis but to use a percentage factor for yard use in summer months. Councilmembers Naughten and Hall agreed with him, but Councilmember Kasper said the sprawl of streets causes considerably more maintenance costs than the multiple, and he thought that offset the con- sumption rate. A ROLL.CALL VOTE WAS TAKEN ON THE MOTION,- WITH COUNCILMEMBERS GOULD, JAECH, KASPER, ALLEN, AND NORDQUIST VOTING YES, AND WITH COUNCILMEMBERS NAUGHTEN AND HALL VOTING NO. MOTION CARRIED. DISCUSSION REGARDING REGULATION OF THEATER OPERATIONS IN CITY OF EDMONDS The City Clerk had provided information as to what other cities in the area are doing on this subject, and the City Attorney had provided information as to the various options available to the City for regulating adult movie theaters. Councilmember Gould commented that there were two articles in this evening's Herald about the problem which were well written and expressed everything he wanted to say. They advised that the Councilmembers should be responsible.and take action before the problem is before them; and to recognize the rights people have under the First Amendment and decide how to deal with those. The newspaper had said the best way to handle the problem is with zoning, and Councilmember.Gould said he would like to see Edmonds work with the other cities in the area and see if they can have a joint use area:. City Attorney Wayne Tanaka said the zoning method has been tried and tested and appears to be the most effective way in terms of regulation. He said -the cases they have seen so far in the Supreme Court have dealt with majorcities and they had no problem in upholding a zoning regulation that restricts these operations to one part of the city. He said there are indications in recent U.S. Supreme Court cases that smaller cities may not have to have a zone if there are opportunities in surrounding areas for such business. Councilmember Naughten thought there should be an ordinance so that it will at least indicate to everyone that Edmonds does not want adult theaters in its community. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO THE BEST OF HIS ABILITY, TO BE PRESENTED MARCH 2, 1982, REGULATING ADULT MOVIE THEATERS, AND TO DIRECT THE PLANNING ADVISORY BOARD TO CONSIDER IT AND MAKE A RECOMMENDATION TO THE COUNCIL ON MARCH 16, 1982. MOTION CARRIED. The City Attorney will contact the other local cities regarding the possibility of a.joint use area. DISCUSSION ON DEFINITION OF "PARKING PLAN" Planning Director Mary Lou Block said the confusion on this subject arose during the Jacque Mayo proposal because of the wording in the "old" Code under which he was making his proposal. The "new" Code, however, is very specific. She said the specifications for a project with a new parking lot are in Chapter 18.95; if the person wishes to provide parking in another location, the provisions of Section 17.50.040 must be met; the regulations.governing payment into the In -Lieu Parking Fund to satisfy parking requirements are in 17.50.070; and joint use.parking provisions are set forth in 20.30. Councilmember Nordquist said he thought the parking spaces should not be spread out all over but that possibly 50% of them should be.required to be together. Councilmember Jaech was concerned about the timing for submission of the parking plan, saying it should be provided before any permit is issued. City Attorney Wayne Tanaka said when writing such ordinances they try to give as much flexibility as the law allows to deal with unusual situations. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THIS DISCUSSION TO MARCH 23, 1982. Councilmember Jaech said they will want -a plan wherein the Council will be given a presentation of what a person will do regarding his parking requirements, prior to issuance of a permit. MOTION CARRIED. 1 0 • February 9, 1982 - continued QUESTIONS REGARDING FEBRUARY 16 AGENDA ITEMS There were no questions, but Councilmember Naughten said he heartily agreed with the City Clerk's notification that the packet material will not be provided until the item is actually on the agenda. There was general agreement with this decision. COUNCIL Councilinemher'J.aeah,.aga in,.a�ked,:,abo.ut:the street -parks proposed at 5th and Daytona Planning Director Mary Lou Block responded that University Federal Savings had provided conceptual drawings for such with their submission on the remodel of the old "Family Foods building at 5th and Dayton. The . concepts for their property were intended to be used when the other corners were so developed, and they were given ADB approval. Ms. Block noted that there are unknown costs involved because there may be power poles involved, as well as street drainage., utilities, and bus stops, which all have to be considered. City maintenance had indicated that maintenance was not a great factor. Ms. Block said University Federal Savings is looking at the costs, and they were not discouraged, but their proposal was not to do it but to be willing to do it in conjunction with development of the other corners. Councilmember Jaech reported that the Finance Committee had reviewed House Bill 1014 regarding development fees but another bill was to be published the following day. She wanted it put on next week's agenda if the material is received in time. Councilmember Naughten reported that the Public Works/Community Development Committee met with Jim Morrow this evening, the purpose being to start some dialog regarding the downtown parking discussion set for March 16. He said they will have a concept to present by that date.and they were given a • recommended policy plan by the Parking Committee. Councilmember Naughten commended the Finance Director on the cost reduction he reported resulting from the move of the utility billing function to the Finance Office. Councilmember Naughten had received a letter from Dorothy Williamson of 903 Main St, complaining about the playfield lights. He referred the letter to the Mayor for a staff reply. One of her complaints had been that the lights were on one evening until 11:41 p.m. Parks and Recreation Director Jim Jessel said they are supposed to be turned off at 10:30 p.m. and he did not know why that was delayed. He said a remote control timer had been ordered which will be installed next week, although the one currently in use was supposed to have been state-of-the-art. Councilmember Hall thanked everyone who was involved in last Friday's welcome for Rosalynn Sumners. Councilmember Hall referred to Floyd Smith's letter of resignation from the Planning Advisory Board, and as past Chairman of that board she recognized the fine service he had given to the City. Councilmember Allen said she had been approached by three different people in the last week who do not live downtown and resent having their parking spaces taken up by the plan for Sunset Ave. She offered this, saying it should be noted that there is another side to the controversy. Council President Kasper said the Mayor, Councilmembers Hall and Allen, and he had gone to Olympia last Thursday and listened to the summary of House Bill 1014 and also had gone into the Community Redevelopment Financing Act. He had questioned whether parking could be provided in that and it appeared that there will be provisions. He said it may also be a backup possibility for funding the portions of the Meadowdale project that cannot be funded in the LID. However, that bill could be as much as a year away from passage. • Council President Kasper had a call from the Library Board Chairman in regard to contacting the Council, and he had advised that different Councilmembers would be contacted for.different things but to contact Councilmember Nordquist or himself regarding furniture for the library. Regarding secondary sewer treatment analysis cost, Council President Kasper said he had made contact but had not set up a meeting as yet. Council President Kasper noted that the Fire Marshal had resigned from the position of Safety Committee Chairman, and he thought that position appeared to be a function of his job. Mayor Harrison responded that Bobby Mills is the new Chairman and most of the accidents are in Public Works. Council President Kasper had received a letter from Roger Hertrich, as had the City Attorney, asking the status of negotiations regarding his property. It was decided to discuss this in the Executive Session following this meeting. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 9:50 p.m. IRENE VARNEY MORAN, Cit Clerk HARVE H. HARRISON, Mayor E