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19840124 City Council Minutes3-0 4 January 24, 1984 - Work Meeting • The regular illeetilig of t;ie EJiiioods City Council was. called to order at 7:30 p.m. by Hayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Jo -Anne Jaech John Nordquist Jack Wilson Lloyd Ostrom Bill Kasper Laura Hall Brian Stewart, Student Representative CONSENT AGENDA STAFF PRESENT Art Housler, Finance Director Jim Adams, City Engineer Irene Varney Moran, City Clerk Mary Lou Block, Planning Director Steve Simpson, Parks & Recreation.Director Pat LeMay, Personnel Director Marlo Foster, Police Chief Jack Weinz, Fire Chief Bobby Mills, .Acting Public Works Supt. Jim Jessel, Property Manager Mark Eames, City Attorney Jackie Parrett, Deputy City Clerk COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call.. (B) Approval of Minutes of January 17, 1984. (C) Acknowledgment of receipt of Claims for Damages from Randy T. Johnson in.the amount of • $80.85 and from Dora.Weitz in the amount of $15,000. (D) Report on bids opened January 17, 1984 for purchase of portable air compressor and award of bid to low bidder, So.rger's Rental, in the amount of $10,081.10. (E) Award of bid for sale of surplus ceramic molds to high bidder, Darlene Mayers, in the amount of $200. (F) Set date of February 7, 1984 for hearing on appeal from ADB approval of sign on north face of proposed Edmonds National Bank Building at 124, 137, and 145 3rd Ave. S. (ADB-113-83) (Appellant: Hertrich) (G) Set date of February 7, 1984 for hearing on appeal from Hearing Examiner decision on Conditional Use Permit for Mini -Daycare Center at 21615 79th Ave. W. (CU-54-83) (Appellant: Bohan) (H) Authorization for release of utility. -easement AF2152986. (I) Adoption of Ordinance 2414, amending Contract Rezone R-.4-81 (LaPierre/R-6-83). (J) Passage of Resolution 576, commending Stevens Memorial Hospital on the occasion of its 20 years of service to the community. Council President Jaech announced that Item 6 on this evening's agenda,'the meeting with the Planning Board regarding Highway 99 policy, will be continued to a future date. This was at the request of the Planning Board Chairman. PRESENTATION BY DR. HAL REASBY ON SCHOOL LEVY • Dr. Reasby discussed the two-year school levy which will be on the February 7, 1984 ballot and also the possible closure of Edmonds High School. He noted that Washington State is not funding 100% of basic education and that the proposed levy is important to maintain the school program. He had provided the Council a fact sheet regarding the levy. He said a decision had not yet been made regarding the closing of Edmonds High School and that he will have a recommendation in late February. He asked the Council to support the levy officially and to urge the citizens to vote for it. Councilmember Hall commented that current statistics indicate enrollments will be increasing, rather than decreasing as was previously indicated, and she asked if the school district will be updating their previous long-term planning document. Dr. Reasby said they are in the process of updating it. Student Representative Brian Stewart recommended that the levy be indorsed, saying he has seen the tight financial status having an effect on a lot of programs, and that the Council could do no better than to support the youth by supporting the levy. After some consideration, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO INSTRUCT THE CITY ATTORNEY TO DRAFT A RESOLUTION SUPPORTING THE SCHOOL LEVY, TO BE PLACED ON NEXT WEEK'S CONSENT AGENDA. MOTION CARRIED. APPOINTMENT OF NEW COUNCILMEMBER TO FILL.VACANCY AND OATH OF OFFICE Voting continued from last week's meeting, with the same format, and with candidates limited to only those three remaining after the tenth ballot taken last week. An additional 46 ballots were taken, for a total of 56, and still no candidate received a majority vote. The ballots were as follows, the numbering of the ballots starting with 11, following last week's 10 ballots: llth Ballot 12th Ballot 13th Ballot 14th Ballot Dave Earling 3 Dave Earling 3 Dave Earling 3 Dave Earling 3 Steve Dwyer 2 Steve Dwyer 2 * Steve Dwyer 2 Steve Dwyer 1 Barry Birch 1 Barry Birch 1 Barry Birch 1 Barry Birch 2 11 30 • January 24, 1984 = continued 15th through 55th Ballot Dave Earling 3 Barry Birch 3 Since a majority vote could not be reached this evening, COUNCILMEMBER JAECH.MOVED, SECONDED BY CUUNCILIvItMBER. HALL. TO CONTINUE THE SELECTION PROCESS TO A SPECIAL MEETING ()N FEBRUARY 2, 1934, AT 7:00 P.M., IN THE SMALL LIBRARY PLA7A ROOM. MOTION CARRIED. PRESrNTATION BY STEVENS MEMORIAL HOSPITAL ON 20TH ANNIVERSARY Bob Gilbert of Stevens Memorial Hospital gave a slide presentation about the hospital and its services, following which Mayor Naughten presented to Hospital Commissioner Fred McFarland framed Resolution 576, commending Stevens Memorial Hospital on the occasion of its 20 years of service to the community, which was accompanied by an engraved plaque. FINA14CE COMMITTEE MEETING (A) Librar 's Request for Fundina of Furnishings 1,500). Edmonds Librarian Kathy Turner requesters 250 for house numbers for the library and .;550 for two paperback bookcarts which G,,iill bE custom-built by a local high school. She said funds are available in Fund 336. It was determined that the house numbers should be a matter for the Public Works Department in that it should number that building ;just as it would any other City building. regarding the book carts, COUNCILMEMEER. HALL MOVED, SECONDED BY COUNCILMEMBER WILSON,'TO DESIGNATE $550 FOR TWO PAPERBACK BOOK CARTS FROM THE 336 FUND. MOTION CARRIED. Present in the audience were Mae Schoenrock, Director of the Sno- Isle Regional Library, and Tom Mayer, one of the department heads for the Sno-Isle Pegional Library. • (B) Review All Fees Charged by City. COUNCILMEMBER NOP.DQUIST MOVED, SECONDED RY COUNCILMEMBER WILSON, TO CONTINUE THIS ITEM TO THE NEXT FINANCE COMMITTEE MEETING AND INSTEAD TO DISCUSS THE FIRE SERVICE CONTRACT WITH WOODWAY. MOTION CARRIED. At this time, however, they went can to the next item on the agenda, a meeting with the ADB, because there were several ADB members present for that discussion. . (C) Woodway Fire Service .Agreement. Fire Chief Jack Weinz stated that the latest contract Edmonds has to.give Woodway fire protection is dated 1958 and there is a provision in it for 9111, days before the end of the year to change it or drop it. He said they are trying to come up with a. formula that is in tune with today's operation. A new formula was started in 1980 by which Woodway has been paying with no problem, but they recently asked for an explanation of it and this was just done. Woodway agrees with the basics but not with the additional 10% which is added to it for civic burden and which is consistent with City policy forall interlocal agreements. Another factor is that Fire District 1 has offered them fire protection at considerahl,y less cost. Chief Weinz said he would never recommend to the Council that Edmonds offer Woodway protection at less cost than it is offered to Edmonds citizens and without the 10% it is about the same as what Edmords citizens pay. The components of the Woodway fire protection charge are a hasp charge, overhead charge, depreciation charge, the 10% charge (based on the total of the first three charges), and a hydrant credit. Finance Director Art Housler explained each charge, noting that the base charge is the same as that for Edmonds and the 10% charge is added for civic burden and responsibility which is con- sistent with City policy. The total costs for 1984 are $64,217 and Woodway has indicated that they feel they are in partnership with Edmonds and should not be charged the 16%. Councilmember Don Brady from the Town of Woodway will be present at next week's meeting to present Woodway's point of view. Mayor Naughten requested that the Finance Director provide the Council the figures he had discussed this evening. MEETIJG WITH ADB TO DISCUSS AUTHORITY FOR SIGN CODE EXCEPTIONS • Members of the ADB were invited to join the Council at the work table for the discussion. ADB members present were Chairman Mike Pederson, Warren LaFon, Bob Hintz, and Steve Beck. Mr. Pederson said the ADB.expects the Council to enforce the Sign Code and they will do their job the Vfa.y they think trey should and do what is proper. Mr. LaFon said the ADS wishes to retain its :`unction of granting exceptions. He said in the review of a building the sign is an integral part of the structure, excep-c for pole signs, and.any sign on a building is a part of that design and if it is larger or higher than the Code allows --but if it fits the building --they think they should allow it. He noted that Highway 99 needs special treatment, and he indicated that -!hat he thinks to he critical are wall mounted, fascia mounted, and building mounted signs. The 3oard was asked why t'_-y plAssed, the ON3 sign and came down on Sailor's, and Mr. Pederson said they have been given the liberty to pass judgment and make a decision based on their experience and w"at the rest of the community is doing. He said there is pressure to say the Code is the Code and every/thing must conformuIless it. can be shown that it is almost a life and death reason, but they were not operating t',at way and they have been saying a business,is a life and death situation and.sometimes it requires an exception, and apparently that is not agreeable to a lot of people. He said there is pressure to ta:;e it tc the Hearing Examiner and his opinion is that the Hearing Examiner knows less about sic;ns than the ADB does. Mr. Ostrom said the ADB could still male recommendations to the Hearing Examiner recom- mending the granting of a variance, and he.did not think that would change the function of the ADB. He thought it confusing to have two City officials handling variances and he thought the original purpose of the ADB was to rule on design i�sues. Mr. LaFon responded that a sign is F.. design issuE_ and that these are not variances. He said there were only six people who were com.plaininc about signs, out of the 30,000 people in Edmonds; and the ADB does not think: there is a problem with signage. Mr. Pederson said they would like somebody there to tell them what their problem is with signage because they do not think they have a problem. Mr. LaFon noted that the Code does rot regulate the relationships of mass and that mass affects colors, shapes, shadows, etc. Mr. Pedersen asked when the Sign Code would actually be enforced --how many years would the applicant have to go through appeals, get amortizations., and finally be forced to comply -with the Sign Code. Council - member Jaech responded that.the problem with enforcing the Sign Code was the previous Mayor who did not enforce it, but that it would serve no purpose to dwell on that, and that they should now start with a positive attitude. She asked why Harbor Square was not designed to take signs into consideration r� U January 24, 1984 - continued • as a whole so they would not end up with nonconforming signs, and 'Y1r. LaFon asked how you design a building for the signs, and hesaid that just because the signs are there does not mean the building was designed for those signs in those locations. He said there are other places on the buildings for signs and he did not know how the signs ended up in their particular places. Mr. Pederson recalled that Harbor Square had brought in a sign package for the project, but he said you cannot say that a particular business will always be in a particular place in the building and indicate a particular place for the sign. He noted that sign space has to be divided amongst the tenants also. Councilmember Jaech commented on places she had seen with multiple tenants and small signs and the businesses seemed to be thriving. It was pointed out that retailers do not see it that way and consider their signs to be important advertising. Mr. Pederson compared signage to a screaming match and said people are using their signs to scream for attention, and the ADB has been trying to reduce the screaming by reducing the signage, expecting the businesses to operate on the quality of their services rather than the size of their sign. Councilmember Jaech noted that the Planning Board had been asked to look at signage on Highway 99, and she suggested that the ADB might want to get together with them. Mr. LaFon replied that the main thing here was whether the ADB will retain that unique position they are in because without it the ADB should not even have signs and without the signs that are integrated to the buildings then they should not have buildings either --and then they would be down to landscaping which he knows nothing about, so he would go home. Mr. Hintz stated that they are an advisory board given authority under the Code to review these things, and he did not think the Council should consider departures from the strict application of sign criteria as variances as they are not variances. He said the Hearing Examiner has a legal recourse with which to deal with departures from the Code, but the ADB considers signs along with the buildings in the total development of each project, and they review and hold it on line or give latitude under certain conditions, but the Hearing.Examiner does not have standards by which to judge such exceptions. Councilmember Jaech said the Board is interested in design but the Code is put together the way the majority of the citizens perceive and want their town to look. Councilmember Hall thought the less regulation on signs the better, and Mr. LaFon said a "people place" will not be created with the codes now in existence. After some further discussion, to bring the discussion to a close, Mr. • LaFon said the recommendation of the Board is that they retain the ability to grant exceptions, but he said some modifications are needed with regard to Highway 99. Councilmember Jaech said she would like to defer any action until March 27 because input is expected then from the City Attorney and the Planning Board. Councilmember. Hall acknowledged a letter from Carol Chapman of the Lake Ballinger Community Club who was concerned that. the Council may take some action without the public's being heard since this was a work meeting. Mr. LaFon said the Board will not act on any signs on amortiza- tions until that date. Mr. Pederson commented that there is also the reality of the economy dic- tating whether people change their signs. MAYOR Mayor Naughten said he would like to cancel the Public Safety Committee meeting of February 7 (he had discussed it with the chairman) and schedule instead four interviews for board positions (one to the ADB, two to the Planning Board, and one to the Cemetery Board). Mayor Naughten said an appeal on the Dairy Queen sign was received and must be scheduled for February 7 (so the hearing date can be within 30 days of receipt of the appeal). However, he noted that because there are several hearings scheduled for that date this hearing probably will be continued to April 30, and the appellant will be advised of that. Mayor Naughten said a proposed ordinance will be provided in the near future regarding signs in the rights -of -way as the existing Code only speaks to political signs. There have been numerous incidents of advertising signs placed in rights -of -way and the intent is to provide that the City can remove them and dispose of them after ten days. Mayor Naughten noted that the Police Chief had provided a memo regarding ordinances that allow jail time for misdemeanors, and that an ordinance will be drafted for the Consent Agenda in accordance with the information therein. • Mayor Naughten had provided the Council a memo regarding the improvement of the efficiency of Council meetings, and he said he will get back to them on his recommendations. He also solicited their input for his upcoming community interest survey. The Council expressed agreement with him on the suggestion in his memo that the staff should only be at Council meetings when they have items on the agenda. Mayor Naughten asked for confirmation of his appointments of the two board candidates which were interviewed this evening. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO CONFIRM THE MAYOR'S APPOINTMENT OF ELEANOR GRANMO TO.POSITION 1 ON THE EDMONDS ARTS COMMISSION, TERM TO EXPIRE DECEMBER 31, 1987, AND OF PAUL SORENSEN TO POSITION 7 ON THE BOARD OF APPEALS, TERM TO EXPIRE DECEMBER 31, 1987. MOTION CARRIED, WITH COUNCILMEMBER NORDQUIST ABSTAINING BECAUSE HE WAS NOT PRESENT FOR THE INTERVIEWS. Mayor Naughten had provided the Council information regarding the request for a new position of Crime Prevention/Community Relations Officer. Roger Dalzell has been doing this job since May of 1983 on medical relief from his park maintenance duties and he has been found to be very valuable in the position, so the intent is to place him in the officially created position and hire a park maintenance person to replace him in his former position. The net impact on the budget is $17,716 and the request was to transfer that amount from the employee acquisition fund to the Police Department. The question arose as to whether this position would have to be advertised, and it was the Personnel Director's opinion that a person could be internally reassigned to the position. He agreed that it probably should be advertised in-house, but he thought that since Mr. Dalzell had been doing the job he undoubtedly would be the most qualified and probably would be the person selected. Councilmember Nordquist commented that it appeared that jobs were being designed to move people. Mayor Naughten said the position will be posted in-house. 307 • January 24, 1984 - conti.nued COUNCIL Councilmember Hall acknowledged a letter from Ann Spivey expressing thanks for allowing the Mental Health Board to use the library facility for their meeting. Council President Jaech suggested that it might be beneficial to have new board members meet with the City Attorney regarding their functions on the boards. Mr. Eames said he will do that, and he noted that.periodically, and. especially when there are several changes on a board, the City Attorney's office gives them a briefing on the Appearance of Fairness Doctrine and conflict of interest. Council President Jaech noted that there is an advertisement in the newspaper for an Acquatics Coordinator, and she questioned that because nothing has.been done about the pool yet. Personnel Director Pat LeMay said the position of Athletic/Acquatics-Coordinator is being.vacated. It was funded last year and there has been an incumbent since August. The position is not involved only with acquatics and it is funded for 1984. There was no further business to.come before the Council, and the meeting adjourned at 11:15 p.rr. IRENE VARNEY MORAN, Uity Clerk LAR Y S. N UCHTEN, Mayor U