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19840228 City Council MinutesFebruary 28, 1984 - Work Meeting The, regular meeting of the Edmonds City Council.was.called to order at 7:30 p.m. by Mayor 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 Jack Wilson Laura Hall John Nordquist Bill Kasper Steve Dwyer Lloyd Ostrom Brian Stewart, Student Rep. STAFF PRESENT Jim Adams, City Engineer Irene Varney Moran, City Clerk Art Housler, Finance Director Steve Simpson, Parks & Recreation Director Bobby Mills, Acting Public Works Supt. Mary Lou Block, Planning Director Jack Weinz, Fire Chief Jim Jessel, Property Manager Mark Eames, City Attorney Jackie Parrett, Deputy City Clerk n L JI C� J • February 28, 1984 - continued CONSENT AGENDA 3 2 11 1 1 1 Items (E), (H), (I), and (J) were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. (Councilmember Kasper was not present for the voting on any of the Consent Agenda items.) The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of February 21, 1984. (C) Acceptance of Quit Claim Deed for right-of-way (Hutchinson). (D) Approval of purchase of artworks for City's portable artworks collection. (F) Authorization to accept utility easement (Strickland). (G) Final approval of 6-,lot plat at 18924 88th Ave. W. (B.id.arca Estates/P-4-82). AUTHORIZATION FOR CITY ATTORNEY TO PREPARE ORDINANCE TO REVISE SECTION 18.95 OF THE COMMUNITY DEVELOPMENT CODE [Item (E) on Consent Agenda] Councilmember Jaech did not think this was an appropriate item for the Consent Agenda. She said the Council previously stated this should go to the Planning Board for hearing, recognizing that changes to Title 18 are not required to go to the Planning Board. She noted that the cover memo stated the only changes proposed were the sizes of parking stalls, but in fact, there were several other changes. Councilmember Ostrom had thought it would be fairly straightforward, but he had received a call by someone who was concerned.about going to smaller stalls. Another suggestion he had been given was that since this section was being revised some consideration should be,given to a definition of guest parking stalls. He thought this should be given a hearing. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, THAT ITEM (E) BE REFERRED TO THE PLANNING BOARD FOR A PUBLIC HEAPING. MOTION CARRIED. PROPOSED RESOLUTION 581 SETTING DATE OF MARCH 20, 1984 FOR HEARING ON VACATION OF A PORTION OF 68TH AVE. W., BETWEEN MEADOWDALE BEACH.ROAD AND 174TH ST. S.W. (ST-4-83) and SET DATE OF MARCH 20, 1984 FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING A VARIANCE TO STREET LANDSCAPING REQUIREMENT AT 23125 HIGHWAY 99 (V-19-83/BUTLER) and SET DATE OF MARCH 20, 1984 FOR HEARING ON PROPOSED AMENDMENT TO MEADOWDALE MORATORIUM REGARDING SUBDIVISIONS [Items (H), (I),.and (J) on Consent.Agenda] Councilmember Jaech stated that the information being provided when.a hearing date is proposed is not adequate because the Council President does not know what the time frame is for setting up that hearing. She said she should know the last possible date that the hearing can be held so when there are full agendas proper scheduling can be accomplished. She noted that if these three items were added to the March 20 agenda there would be five hearings for that meeting: City Clerk Irene Varney Moran said she needs 13-14 days lead time for posting and.publishing the hearings. City Attorney Mark Eames advised that Item (H) must be heard no sooner.than 20 days or later than 60 days after the passage of the resolution. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO PASS. RESOLUTION 581, WITH A HEARING DATE OF APRIL 17, 1984. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (I) ON THE CONSENT AGENDA. It was the consensus that this date would be scheduled as proposed, but that there would be the possibility that on the night of the,hearing it may be continued, depending on available time that evening. MOTION CARRIED. Regarding Item (J), Councilmember Jaech proposed that.it be tabled as the Council was not ,yet ready to take action regarding the moratorium. Councilmember Dwyer said this had been discussed at the Community Services Committee meeting, and the committee decided to wait until after the Meadowdale meeting before making a decision in order to get input from the people who live there. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO TABLE ITEM (I) UNTIL THE MEADOWDALE PROJECT PROCEEDS AND THE COUNCIL HAS MORE INFORMATION. Councilmember Hall noted that the contractor is not ,yet mobilized and the soils are not stable. Mr. Adams responded that every day he receives calls from people in that area who ask when the decision will be made, and he would only like to be able to tell them when -the Council will discuss it. Councilmember Nordquist had discussed this with Dr. Hyatt of the Snohomish Health District who indicated that under the current program Edmonds is not to issue any.permits but if the.cgnstruction is started then it will be under a new program. THE MOTION CARRIED, WITH COUNCILMEMBER DWYER VOTING NO, SAYING IT IS NOT A PLAN. At this time Mayor Naughten suggested moving Item 5 on the Agenda, the discussion on the 1�oodwav fire service contract, to follow Item 2. COUNCILMEMBER HALL SO MOVED, SECONDED BY COUNCILMEMBER OSTROM. MOTION CARRIED (Councilmember Kasper not present). PRESENTATION OF CERTIFICATE OF CONFORMANCE IN FINANCIAL_ REPORTING Jim Bannerman, representing the Municipal Finance Officers Association of the United States and Canada, made the presentation of the.Certificate of Conformance in Financial Reporting to the City of Edmonds. He noted that this is the third consecutive year.that Fdmonds has received this award, which is rather rare. He also noted that this certificate is an accepted qualifier for bond ratings. He presented the award to Mayor Naughten who thanked him and commented that Edmonds is one of only four cities in Washington who received this award and it reflects on the Finance Department and its director, Art Housler. Mr.. Housler added that it is reflective of the work put.in by his accounting personnel, Jeff Ristau, Elaine Werner, and Conni Curtis. (During this presentation Councilmember Kasper arrived, at 8:00 p.m.) e3.3 0, February 28, 1984 - continued DISCUSSION ON WOODWAY FIRE SERVICE CONTRACT • Fire Chief Jack Weinz and Finance Director Art Housler discussed the proposal from Woodway, noting that Woodway Councilman Brady -had indicated that the contract charge should be based upon building values instead of total property values and that total costs be distributed on the basis of one-half population and one-half building values. Chief Weinz and Mr. Housler were concerned about that, saying the fire protection Edmonds offers is not just for buildings but for all property including forest, vehicles, etc., and,also that'it di,ffer.s from.Woodway's originally expressed desire of sharing costs equally on a partnership basis which is.consistent with the method used by all govern- mental agencies in charging its citizens. They reviewed their recommendation which eliminates the 10% charge, provides credit for the previous year's actual cost, and distributes the cost equally to Edmonds and Woodway on the basis of total property values. This was their definition of an equal partnership. They provided comparative figures of .the Edmonds.proposal and the Woodway proposal and explained the computations. The total figure proposed by Edmonds for 1984 was $57,932, which Mr. Housler noted is $7,000 less than Edmonds' original proposal, and he said he thought this was equitable and consistent with the partnership concept which Woodway expressed a desire to have. The $7,000 reduction was the result of eliminating the 10% surcharge and giving them prior year's credit. The Woodway proposal was $41,946 based on population and building assessed value ratios. Mr. Brady said there was. a difference of opinion as he thought population to be an important issue and that it should be included. Councilmember Kasper felt that assessed value is the fairest way to do it and.that fire departments run on the property protected rather than on number of people involved, and.he said the assessor gives depreciated value also. He thought the total real estate value is the basis used throughout the State. Councilmember Nordquist asked if the storage tanks next to Twin Maples are included (Standard Oil tanks), and Chief Weinz said they are. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCI'LMEMBER OSTROM, TO AUTHORIZE THE -NEGOTIATORS -TO. -USE THE "EDMONDS PROPOSAL" AS PROVIDED IN THIS EVENING'S PRESENTATION. MOTION CARRIED, WITH COUNCILMEMBER KASPER VOTING NO. Councilmember Kasper said he thought it had been well established that a premium should be charged for services provided outside the city because there are spin-off costs, so he thought the 10% surcharge should be imposed. FINANCE COMMITTEE MEETING (A) Authorization to Write Off Delinquent Accounts. Finance Director Art Housler had presented a schedule of 18 accounts, totaling 6,837.70, which he felt should be written off as efforts to collect had been unsuccessful and it did not appear to be worthwhile to proceed through the courts. The Statute of Limitations had run on some of the larger accounts and legal costs. would exceed the amount owed on some. The accounts had related to repair of'damaged fire hydrants, water lines, water meter boxes, and traffic signs. COUNCILMEMBER JAECH MOVED, SECONDED FOR DISCUSSION BY COUNCIL - MEMBER HALL, TO AUTHORIZE WRITING OFF THE LISTED ACCOUNTS. Councilmember Hall was concerned that Apex Garbage Co. was on the list and it serves residents in the City and she had experienced personal problems with their accounting. It was also noted that Tri-State Construction was on the list, and they are the contractors doing the Meadowdale sewer project. After some discussion, COUNCILMEMBER JAECH AMENDED HER MOTION, ACCEPTABLE TO THE SECOND, TO WRITE OFF ALL OF THE ACCOUNTS EXCEPT THAT OF TRI-STATE CONSTRUCTION BECAUSE IT IS UNDER CURRENT CONTRACT WITH THE CITY, AND THAT THE CITY ATTORNEY LOOK FURTHER AT THAT ACCOUNT. MOTION CARRIED. (B) Discussion on Local Real'Estate Tax for General Capital Improvements. Finance Director Art Housler noted that the State Legislature in 1982 had eliminated mandatory land development fees, but to compensate for the loss of that revenue it provided for a tax of 1/4 of 1% on real estate sales --but imposition would require passage of an ordinance and use of such revenue is restricted tc capital improvements. He recalled that imposition of the tax had been briefly.discussed by the Council in the 1982 budget process., but it was generally opposed, some Councilmembers feeling that sales would be impeded because property market values in Edmonds already were much higher than in adjacent areas. He suggested that this source of revenue be reconsidered because of the City's funding needs for improvements, particularly streets. He noted that in the Puget Sound area only three cities have not levied this tax --Everett, Kent, and Edmonds. He noted that tremendous popu- lation growth is expected in the next six or seven years but after that this source of revenue may be reduced to a minimum. Based on 1983 figures and on what Mountlake Terrace and Lynnwood have brought in by this tax, he estimated that Edmonds could bring in $135,000 annually. Councilmember Dwyer asked what percent of that would be single-family homes, and Mr. Housler did not have that figure but said he would look into it. He also noted that during the last three years Edmonds had lost approximately $65,000 annually in park fees. In answer to a question, he said $580,000 was derived from the equalization tax in 1983.. Councilmember Ostrom did not think any taxes should be raised and he did not think it'was justified to impose this tax on people who are buying property. Councilmember Kasper observed that this tax is due from.the seller and the buyer can pay it by option, but in most cases it is paid by the seller, but that does not mean it is not passed on to the buyer. He.said he is troubled by going for a tax unless there are specific criteria as to the need. He noted that the park fees have been lost and that there is pressure to do things in the downtown which.will cost money, but he thought whether a base should be set for recreation could be discussed at a retreat. He was concerned that a tax such as this would be for an improvement such as the pool, noting that the library -was done with the utility tax and now that tax is reduced and it is being paid for from the general fund. Council President Jaech tabled this item since the Council did not want to take any action at this time. (C) Discussion on Funding Water Loop Through Union Oil Property. Fire Chief Jack Weinz displayed a drawing of the existing water main and the proposed loop and expressed concern that the loop be installed. In the event that the existing line should break or be in need of repair there would not be any'supply of City water to suppress a fire. The.. question was how to fund this $57,000 project.' The Port has refused to participate in,an LID on the basis that the easement it has provided is equal to its share and Union Oil Company refuses to participate in any funding unless the Port does. Finance Director Art Housler indicated that the City has only two funding alternatives: (1) The City Council order the formation of an LID, or (2) The City Council authorize funding of the installation -from the Water Sewer Construction Fund 412. He recommended the second option based on 1 1 1 1 1 3 31„ • February 28, 1984 - continued the faith and cooperation shown by Union'Oil Company, the.fact.that the Port is adamant in its position, the. City could be liable in the event, of'a.disaster,.and"there is unallocated money available. He requested that if the Council agreed"with his recommendation that authorization be granted to contract with an engineering consulting "firm.fo,r desi.g.n. City Attorney Mark Eames noted. that if an LID should be ordered the Council.would.want to,preclude the. Port',s being able`'to .protest it, so there would have to be a finding that there is a health and safety probl:em., He asked for time to examine the situationto advise them more fully..'There was.a request to see the minutes of when Union Oil annexed to see if`the Council made any statement.that the City would provide the loop. Chief Weinz recalled that it was indica'ted'to the Washington,,State Rating Bureau by letter. Councilmember Jaech asked for a copy of that letter.a.s well as -anything in the Council minutes, and she asked Mr. Eames to let them -know what they would have to do to declare a safety situation. She asked if -there was anything in writing from the Port to indicate there is a safety problem. COUNCIL - MEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST,,.TO DISCUSS.THIS FURTHER AT THE WORK MEETING OF MARCH 27, 1984. MOTION CARRIED. COUNCILMEMBER.KASPER THEN MOVED, SECONDED BY COUNCILMEMBER OSTROM, THAT THE ENGINEERING BE INITIATED.IMMEDIATELY. Councilmember.Jaech asked if it could be stated at a later date that the engineering costs go on the LID, and she was told it could. THE MOTION CARRIED. A recess was announced. REVIEW OF ALL FEES CHARGED BY CITY" .. Most of the Councilmembers did not;have with them the'information previously provided them regarding fees. THEREFORE, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONTINUE THIS ITEM TO MARCH 27, 1984. MOTION CARRIED. MAYOR Mayor Naughten requested a resolution for vacation of right-of-way at 12th Ave. and Puget Dr. This • will be an exchange of property and.this action.was decided in.the Executive Session which preceded this meeting. Mayor Naughten commented that the program, last Sunday,.i.n honor of,Rosalynn Sumners was outstanding, and he thanked everyone who participated. He thought the City of Edmonds could be proud of this event. Mayor Naughten announced that he will'attend'the National League of Cities conference in Washington, D. C., March 2-7, and that he has been asked to serve on the Policy Committee. Mayor Naughten requested confirmation of his appointment of Mark Eames to the MEBT Committee, replacing Wayne Tanaka. Further, he said Pat LeMay.and.Art Housler were previously appointed to that committee and he'asked for confirmation of his reaffirmation of their appointments. COUNCIL - MEMBER JAECH SO MOVED, SECONDED BY COUNCILMEMBER DWYER, MOTION..CARRIED.. Mayor Naughten asked for rescheduling of the',Publ.ic Safety,Committee on March:6. It is scheduled to meet at 6:30 p.m., and he requested that'"it be delayed until 7:00 p.m. and that at 6:30 p.m. the Council interview two candidates -for appointments to: boards,,one.to the alternate position on the Planning Board and one to the. Board of'Appeals as Paul Nolan has resigned. That was satisfactory to the Chairman of the Public Safety Committee and to the Council. Mayor Naughten'advised that a ceremony had been held for 35 employees with perfect attendance in 1983 and that the record is getting, better each.vear., He. was requested to provide the Council with a list of those employees. Mayor Naughten asked Fire Chief Jack Weinz to give a brief summary of the Fire Department activities, which he did.. Councilmember Nordquist then asked about the.budgeted firefighter for which money had been placed in the Council Contingency Fund and when.that person would be hired. Mayor Naughten responded that he plans in April to bring that to the Council in the discussion of reorganization as it was included in the $110,000.budgeted. Several Councilmembers indicated they had expected a firefighter to be hired sooner than that, and it was r.equested.that the minutes be pulled to clarify that. Mayor Naughten had a letter from Delores Uhlman, Assistant Principal of Edmonds High School, advising that Edmonds High will clebrate its Diamond Jubilee in May. He thought the City should participate fully in this event. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, THAT MAYOR NAUGHTEN BE NOMINATED AS THE CITY'S REPRESENTATIVE BECAUSE HE GRADUATED'FROM EDMONDS HIGH SCHOOL. MOTION CARRIED. COUNCIL Council President Jaech proposed several changes to upcoming agendas to distribute the hearings more evenly as several agendas were too full. COUNCIL PRESIDENT JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM TO MOVE THE HEARING REGARDING THE SAILOR'S RESTAURANT SIGN FROM MARCH 27 TO APRIL 3. MOTION CARRIED. COUNCIL PRESIDENT JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO MOVE THE HEARING ON THE APPEAL OF THE EDMONDS NATIONAL BANK SIGN FROM MARCH 6 TO.APRIL 3, AND TO CLOSE THE APRIL 3 AGENDA. Council President Jaech said it would be advantageous to the bank if this were delayed until the Council hears from the Planning Board. Councilmember Ostrom said that has nothing to do with Sign Code questions. Councilmember Dwyer noted that the Planning.Board on March 27 wi.11 have various proposals for the Sinn Code and, he thought it seemed.orderly to delay anything having to do with those things. Planning Director Mary Lou Block said one of the items is regarding height on attached signs. THE MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH TO MOVE THE DISCUSSION OF EMERGENCY DISASTER SERVICES FROM APRIL 3 TO APRIL 10. MOTION CARRIED. Council President Jaech noted that her term as Council President will be complete at the end of the month so election for Council President should take place. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO NOMINATE COUNCIL PRESIDENT JAECH TO SERVE ANOTHER TERM. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO NOMINATE COUNCILMEMBER HALL. Councilmember Dwyer is stated that when they discussed this at the Mayor/Council Workshop he had expressed the opinion that 3'a L, February 28, 1984 -.continued • this is not a ceremonial position but is a position of substance and that Councilmember Jaech is the most capable person and he will vote for her. Councilmember Wilson asked if that was in spite of what the Council had set up in the past, and Councilmember Kasper said it was the intent that unless somebody could not serve this position would go in turn to the Counci.1members._ Councilmember Nord- quist-said he had served twice because he served first as Mayor Pro tem and then it was decided to have "a Council President and he also served as Council President. He noted.that one of the things it depends on is who has the time to do it. Councilmember.Wilson.said. it.appea.red that Council - member Hall should be the'next.person in line. Councilmember Hall..said she i.s willing.andready to serve and had thought that would.be the sequence and she would like to take her turn. Minutes were cited wherein .this had been discussed and, although former Councilmember Gould had noted that this would be an orderly way to.do it, it had not been a Council action by motion. Councilmember Kasper said he had raised the question of the Council presidency because the term keeps getting farther away from January. He .said when this office was formed there was a general consensus that it would be a hand -down situation unless somebody did.not.want.it or did not have the time to do it. COUNCIL - MEMBER KASPER MOVED, SECONDED "BY COUNCILMEMBER NORDQUIST., THAT.THE NOMINATIONS BE CLOSED AND THAT THE 1984 TERM OF THE COUNCIL PRESIDENT,WILL.BE FROM MARCH 1, 1984 TO JANUARY 1, 1985. MOTION CARRIED. A ROLL CALL VOTE WAS'TAKEN ON THE NOMINEES, WITH COUNCILMEMBERS DWYER, OSTROM, JAECH, AND NORDQUIST VOTING FOR COUNCILMEMBER JAECH, AND WITH COUNCILMEMBERS WILSON, KASPER, AND HALL VOTING FOR COUNCIL - MEMBER HALL. COUNCILEMBER JAECH WAS RE-ELECTED TO THE POSITION OF COUNCIL PRESIDENT. Councilmember Nordquist noted that Personnel News,had commended .the City.of,Edmonds.for.its.special hiring program, the Public Service Projects program. He also noted that there will be a seminar in Yakima on labor relations April 12-13, and he suggested that someone attend it, possibly the Personnel Director. Councilmember Nordquist apologized for not attending the Rosalynn Sumners tribute, saying a physical problem kept him away. Councilmember Ostrom said'he thought that was an excellent function and he extended thanks to the. Mayor and everyone else who worked on putting it together. Councilmember Kasper reported on last week's Community Services meeting,and,'regardi,ng,the.Community Development Code Section 18 changes, said they felt these should be .discussed by the Council before referring them to the Planning Board. They had questioned whether the one on alleys had to go to. the Planning.Board because it was largely.definition. They thought the grading section should go to the Planning Board. They felt it important to set forth why the Council, is sending these to the Planning Board, either by committee action or by Council statements. He still thought the committee should make recomendations. Councilmember Dwyer said that before the things.get on a Consent Agenda the committee thinks they should go to the committee and then there willl be a better cover memo on what the issues are and at least three Councilmembers will.be able to discuss them. Councilmember Kasper noted that he had sent a memo to the Council and to the Mayor regarding moving of the Council office. He was concerned about moving it, expecially to the proposed location. Mayor Naughten said another proposal.is now being.considered,and he.will get back to the Council on it. Councilmember Kasper saw no need for a conference room in that smaTl'building, and Mayor Naughten responded that there is.justification for it and.he,•will give the Council a.memo on it in two weeks. Student Representative Brian Stewart commented that only about 15% of the peope at the Rosalynn Sumners tribute were youth and there was a conspicuous absence of her. peers.. He.speculated on reasons for this and expressed a'concern. He then provided to Councilmember Hall a report he had prepared regarding graduation requirements. This was input for the school district committee on which she serves. Councilmember Hall said the school district had sent a letter regarding formation of an -arts -council, and she'suggested that the Council President respond. Councilmember Wilson added his thanks to the Mayor and staff for the tribute_ to.Rosalynn Sumners, saying it was an outstanding effort on the part of the City. Councilmember Dwyer suggested that in future years.the Council agenda take into considerati.,on the State caucuses and that provisions be made th,at Council meetings are not scheduled on those nights so people are not prevented from attending them. The Council.agreed and.thought the March.13 meeting could.be,rescheduled. COUNCILMEMBER KASPER MOVED,.SECONDED'BY COUNCILMEMBER WILSON, TO CHANGE THE REGULAR MARCH 13 COUNCIL MEETING TO A SPECIAL MEETING ON MONDAY, MARCH 12, IF THAT IS SATISFACTORY. TO THE EDMONDS CHAMBER OF COMMERCE AND EDMONDS BUSINESS ASSOCIATION WHO ARE SCHEDULED'TO MEET WITH THE COUNCIL THAT NIGHT. MOTION CARRIED. Councilmember Dwyer said he is really impressed with how fast Council Resource. Person Jo Pendergast provides him with the information he requests. He felt this is an excellent service to th.e Council. There was no further business to -come before.the,Council., and the.meeting,adjourned at'10:20 p.m. IRENE'VARNEY MORAN, Cit2oClerk LARRY S. NATJGHTEN, May r