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19810901 City Council Minutes3-LL September 1, 1981 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 Harve Harrison, Mayor Mary Goetz John Nordquist Bill Kasper Katherine Allen Larry Naughten Ray Gould CONSENT AGENDA ABSENT STAFF PRESENT Jo -Anne Jaech Jack Mitchell., Acting Public Works Dir. Jim Adams_, City Engineer Irene Varney Moran; City Clerk Mary Lou Block, planning Director Marlo Foster., Police Chief Ron Schirman, Asst. Fire Chief Art Housler, Finance Director Jim Jessel,'Par.ks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, TO REMOVE ITEM (E) FROM THE CONSENT AGENDA AND APPROVE THE BALANCE. MOTION CARRIED. The approved items on,the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of August 25, 1981. (C) Acknowledgment of receipt of Claims for Damages.from Patricia Bray in the amount of $200,000+ and from Michelle Marie Nys in the amount of $62. (D) Authorization to call for bids on September 14,1981.for Phase II,.Stree't Project on Sprague, LID 208. AUTHORIZATION TO CHANGE HEARING DATE OF LAKE BALLINGER ANNEXATION FROM TUESDAY, SEPTEMBER.15, TO MONDAY, SEPTEMBER.1431 1981 [Item (E) on..Consent Agenda] The reason for this requested change in hearing date was that the Council on November 3, 1980 established a policy that when a primary or general election falls on a City Council meeting night, that meeting will be' changed to.a special. meeting the previou's.night. Councilmember Nordquist now said he thought that change was only -for -general elections and,that he thought it inappropriate to change a Council meeting for a primary election. The motion passed by the Council, however, had included both primary and general elections, and most of .the Council appeared to support that. COUNCILMEMBER NORDQUIST MOVED, SECONDED.BY COUNCILMEMBER.NAUGHTEN,. TO APPROVE ITEM (E) ON THE CONSENT AGENDA. MOTION.CARRIED, WITH COUNCILMEMBER ALLEN VOTING NO. MAYOR Mayor Harrison advised that the..City had received a plaque:.from.the:American Automobile Association, citing the City for its record of no pedestrian fatalities during 1980. He displayed the plaque and said it would be hung in the Civic Center. AUDIENCE Dale Howe of 19031 Ocean Ave. aske& how residents could.get,guest parking permits to allow parking in front of their homes after 8:00.p.m. Police Chief Mar1.o Foster stated that it was expected that the Committee would come up with a proposal for that, and he -suggested that parking be permitted only.on the east side except for"the Meadowdale-area where there can be only pockets of parking and the view is not involved. Mayor Harrison thought visitors' passes should be made available immediately to people who live in the areas affected by the recent parking restrictions, perhaps three per household and at no cost. This',was discussed and it was felt.that three permits per household could result in too many cars parking there. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER GOETZ, THAT THE CITY ATTORNEY BE DIRECTED TO PREPARE AN ORDINANCE PROVIDING THAT GUEST PARKING BE PERMITTED AT NO COST TO THE RESIDENTS, ON SUNSET AND OCEAN-AVES. ONLY ON THE EAST SIDE, WITH TWO PERMITS PER RESIDENCE BEING ALLOWED, AND ON 75TH PL. W., NORTH OF MEADOWDALE RD. THERE BEING NO LIMITATION.AS TO'WHERE THE GUESTS.MAY'PARK. 'MOTION CARRIED.. PRESENTATION OF PROPOSED 1982-1984'BLOCK GRANT PROJECTS Planning Director Mary Lou Block.stated four proposals had been received which appeared to meet the minimum eligibility requirements'to'appl'y for a HUD Block Grant. They were: (1) An elevator for the Historical Museum, (2) An elevator for the new library,.(3) Handicapped improvements for the Wade James Theater,'and (4) Improvements to the South County Senior -Center. Representatives were present to speak in support of each project.. Floyd E.- Smith, President of the. -Edmonds -South Snohomish County Historical Society, discussed the proposed elevator for the museum.- He noted that this building is on the State and Federal Historical Register, and the historical inte.grity of the building wi.l.l..be maintained as much as. possible: The proposed elevator will be at the rear--of-the building so it will not be visiUle from the street. It would make the entire museum accessible to the handicapped. Currently only the lower floor of the building is accessible to the handicapped. There is no insidestairway and with an elevator visitors and staff would be.able to use both floors without leaving the building. The cost should not exceed $85,000. Parks and Recreation Director J`im Jessel discussed the elevator. for the new library. He said the $45,000 needed already is in the -construction contract, and:the proposal was for reimbursement of that amount for project costs which would enable them to...do.other things with the library. 1 1 0 1 1 0 313 September 1, 1981 - continued 1 1 Jerry Ward, a member of the.Driftwood Players, spoke.regardi.ng the,handicapped..improvements to the Wade James Theater. He said...people,.;in,,wheelchairs currently 'Must sit in aisles and that would be corrected.. Hazardous carpet would be replaced, restrooms would.be modified, ramps would be provided, and the parking lot would be paved and lighted. The total construction amount.would be $73,125. Bob Sarvis from Edmonds Community College spoke on..behalf.of.the South County Senior Center, as did Dan Douglas, a horticulturist at .the college. Mr..Douglas discussed horticultural therapy for the seniors. The project would.include a small dining/,.meeting room and a solarium,:and the Council had been provided a pamphlet describing the project. Councilmember Allen observed that what they proposed would encroach on the waterfront -area, against which the City had worked very much. She thought the project should be broken downinto sections. She did not feel -funds should be requested for the elevator at the library which already has been funded.. .The question arose as to whether the Council should prioritize the proposals. Councilmember Nordquist felt the.Wade James Theater and the Senior Center should rank the highest.: He noted that the_theater group had struggled to make improvements over the years and with current economic conditions such facilities are important to the community. He commented on how much of'the Senior Center activity is dependent on volunteers and the extent of the participation. Councilmember Allen agreed that those were the two most important projects. Mayor Harrison noted that the presentations which are�made to.the Policy Board by the proponents are very important, and he complimented the people on their presentations this evening. Laura Hall, 1140 Edmonds St., cautioned that the Council should.not limit themselves by prioritizing. She based this on her experience as Chairman of the -Advisory Council of the Snohomi.sh County Employment and Training Administration. Councilmember Gould suggested that the items could be submitted with an indication that the City would prioritize them if that was desired. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, THAT THE FOUR PROPOSALS BE SUBMITTED AS PRESENTED. MOTION CARRIED. Is PROPOSED ORDINANCE REORGANIZING PUBLIC WORKS DEPARTMENT Councilmember Kasper did not think this should be acted upon.because a full Council was not present, but he thought it should be.discussed. Councilmember Gould commented that the proposed organization was basically to fit people, rather than functions,and he was not sure that should be done. He thought they should look at the .functions that have to be performed and the skills.available. There was a general discussion of -'.what had. been proposed. previously, working up to the. current proposal, which was. designated Proposal..5.' It was noted that Proposal 5 essentially is the current operating organization. COUNCILMEMBER NAUGHTEN MOVED, SECONDED:BY.000NCILMEMBER ALLEN, TO..ACCEPT PROPOSAL 5. Councilmember Nordquist questioned whether Buildings and Grounds should be separated as shown in Proposal 5, considering all of the.work coming up in the 'near future andthe fact that the Building Maintenance Foreman is on extended sick leave: He.suggested.that.such a division not take place until budget time. Councilmember Kasper thought the.department should stay as it is now because it is undermanned, and Counci'lmember'Gould thought there should be'the.opportunity,to work the crews together to provide more flexibility. There. was some question as to how the employees themselves felt about separating the:secti-ons, and Mayor Harrison did not think there was.any opposition to separating the Buildings and Grounds sections, but.that.the main opposition was.to separating the City Engineer from the Director position. COUNCILMEMBER..NORDQUIST MOVED, SECONDED BY COUNCILMEMBER GOULD, TO AMEND THE'MOTION TO LEAVE THE BUILDINGS ANDGROUNDSTOGETHER AS -ONE SECTION. A ROLL CALL VOTE WAS.TAKEN.ON THE MOTION, WITH COUNCILMEMBERS NORDQUIST,.GOULD, GOETZ, AND NAUGHTEN VOTING YES, AND.WITH COUNCILMEMBERS KASPER AND ALLEN VOTING NO.. MOTION TO AMEND CARRIED. Mayor Harrison was asked what he. thought the qualifications of the Director should be, and he said the Director should be a qualified administrator and have a thorough background'in.the area of public works, but he should not be, required to have an.engineering degree.. THE MAIN MOTION, AS AMENDED, THEN CARRIED, WITH COUNCILMEMBER KASPER'VOTING NO. COUNCILMEMBER.ALLEN THEN -MOVED, SECONDED BY' COUNCILMEMBER NORDQUIST, THAT ORDINANCE 2227"B E PASSED, CREATING :THE OFFICE OF THE DIRECTOR OF PUBLIC WORK -'AND CREATING THE OFFICE OF CITY ENGINEER, AND DEFINING.THE DUTIES OF. EACH. MOTION CARRIED, WITH COUNCIL - MEMBER KASPER VOTING NO. • PROPOSED ORDINANCE ESTABLISHING:ONE=WAY STREETS FOR..EDMONDS ARTS.FESTIVAL COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER GOETZ, TO ADOPT ORDINANCE 2228, DESIGNATING PORTIONS OF MAIN ST. AND DAYTON ST. TO BE ONE-WAY DURING THE.ANNUAL EDMONDS ARTS FESTIVAL. MOTION CARRIED. DISCUSSION OF PROPOSED POLICE.SERVICE CONTRACT FOR.WOODWAY HIGH SCHOOL Police Chief Marlo Foster said the Woodway High School principal had received support from Dr. Reasby and the School Board to secure a contract for police assistance from the City of Edmonds. .This assistance would consist of routine patrol and;responding.to calls from school officials. The Snohomish County Sheriff's Office would retain jurisdiction and control of criminal investigations. An estimated annual cost of $8,650 was determined, based.:on City per capita costs, school population including faculty, time of'oc.cupancy at 20%, nine=month school year, and City overhead rate of 10%. The major impact of such.an agreement would be during.nonpeak workload periods. Chief Foster indicated he would not feel comfortable in accepting.the additional workload unless the income was used to fund the vacant police officer position which they were unable to fund in 1981. He noted that the department's relationship with Edmonds High -School has.been excellent, and that it.would be beneficial to foster the same type of relationship.at Woodway High School which -is attended by many students who.reside in Edmonds. He suggested a one-year.contract with a 60-day cancellation by either party. Councilmember Kasper had trouble justifying this with -the existing staff, so he thought if it were approved it should be on a short-term basis --until April 1982--and that it not be extended unless the area is annexed. Councilmember.Nordquist.said.his only question was with the billing because the people in the County have paid.the.County'for police protection, so he thought the bill should be sent to.-Wil-lis Tucker instead of..the School District. Councilmember Goetz said the relationship the Police'Department has with Edmonds,Senior..::High School is really excellent and it could be a model for t'loodway.. She -thought. -it would -probably foster citizen support for annexation also. Councilmember Gould -observed that $8,000 woul;d.,not pay ,for --an additional police officer as • 3 1 September 1, 1981 - continued proposed by the police Chief. COUNCILMEMBER GOETZ MO.V,ED.,'SECONDED BY COUNCILMEMBER.ALLEN, THAT THE • CITY OF EDMONQS.,?RO.VIDE POLICE SERVICE TO WOODWAY SENIOR HIGH SCHOOL AS OUTLINED BY CHIEF FOSTER AND RECOMMENDED BY THE MAYOR.- COUNC:I.LMEMBER.KASPER MOVED TO.AMEND THE MOTION, SECONDED BY COUNCILMEMBER GOULD, THAT THIS.SERVICE�BE.PROVIDED ONLY UNTIL.APRIL 1982.AND.THAT THE CITY WILL NOT AT THIS TIME HIRE THE 29TH OFFICER (THE ONE ADDITIONAL POLICE OFFICER OVER THAT IN THE 1981 BUDGET). X ROLL CALL VOTE WAS TAKEN ON THE MOTION TO AMEND,. WITH COUNCILMEMB.ERS., KASPER, GOULD, NORDQUIST, AND NAUGHTEN VOTING YES, AND WITH COUNCILMEMBERS:.GOETZ AND ALLEN VOTING NO. THE MOTION TO AMEND CARRIED. THE. MAIN MOTION, AS AMENDED, THEN CARRIED. The City Attorney will draft a contract. COUNCIL Councilmember.Naughten requested a brief Executive Session following this evening's meeting to discuss a personnel matter. Councilmember Naughten commented.on the report regarding the recent. drowning at the Underwater Park and said he thought it should be publicized that the reason this person died was because he was not equipped properly. Parks and Recreation Director Jim Jessel responded that there are different opinions as to the cause of death. He'said the City's requirement is that buoyancy compensators be worn and the diver was wearing a Uni-Suit with no buoyancy compensator. The University of Washington's opinion was that he had the wrong .type of -'equipment and when the Fire Department tried to revive the diver it appeared that the'suit he had could be the wrong type for him. He was a very thin, un- muscled person, and the suit he.was wearing takes more weight to swim to the diving area,causing extra fatigue during the surface swim. The Coroner's report, however, simply said the person drowned, but there was no autopsy. ..Mr: Jessel said he had written the Diving Council asking that diving shops again be reminded.of•the it responsibility to.notify.divers of the requirements for safe diving. Councilmember Nordquist advised that..he would be absent September 14 and October 6. Councilmember Nordquist questioned.whether the City's disclosure ordinance was still necessary. He felt at a disadvantage because his-son'works for a merchant making a nominal wage and because of that Councilmember Nordquist cannot vote on an issue involving that merchant, and he noted that several other Councilmembers had found themselves in the same position. Councilmember Allen responded that she thought paragraph 2 under Section 5 of the ordinance took care of that --the fact is disclosed and with that the Councilmember may take part -in the discussion. City Attorney Wayne Tanaka said the Appearance,of Fairness Doctrne.goes beyond that ordinance and -that was why he had advised that the Councilmembers not participate -in such instances. Councilmember Allen responded that public officials have to use some judgment, and in this particular issue, disclosing the interest involved, the people then know you might have some kind of -interest -but they know how nominal it may be. She thought that.since the Appearance of -Fairness Doctrine is so..nebulous at the State level they would be better off to retain the ordinance. Councilmember Gould said he would be absent September 14 and -October 6. Councilmember Gould requested a.report at the retreat from the Planning Director and the Librarian regarding possible uses for the conference room in the Anderson Center library, as a part of the Space Needs report. Councilmember Gould distributed -copies of a proposed amendment -to the Fishing Pier Parking Lot contract.. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THE',PROPOSED AMENDMENT TO THE FISHING PIER'PARKING LOT CONTRACT BE PLACED FOR DISCUSSION ON THE SEPTEMBER 8, 1981 AGENDA. MOTION CARRIED. Councilmember-Goetz had received a letter from Eleanor Jones who would like to provide some input to the committee which will be studying Sunset Ave. She wished to speak from a different viewpoint-- that of a handicapped person. The letter was given to the Mayor. Council President Allen noted that..there had been a request from City Engineer Jim Adams to delete the requirement for "No Parking" -signs -and' instead paint -the curb yellow and stencil "No parking" on it. City Attorney Wayne Tanaka explained that this proposal was only for certain areas that are small and in.most cases the signs would remain. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCIL - MEMBER NAUGHTEN, TO INSTRUCT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE TO ACCOMPLISH WHAT THE CITY ENGINEER PROPOSED. MOTION .CARRIED, WITH COUNCILMEMBERS GOETZ AND NORDQUIST VOTING`NO. Councilmember Kasper observed that -the two recent LIDs had different interest rates on the bonds. Finance Director Art Housler responded that one is being sold over the counter and the other through a bond agent, and the difference is -the' bond agent's commission. Council President Allen noted that.Fire'Chief Jack Weinz's mother.had passed away and that memorials were going to..the Edmonds Aid Car fund in her name. Council President Allen advised that..Councilmember Jaech had.called..her to say she could not be present this evening because she had -to work. Council President Allen noted that. -the Council/Staff retreat.was.scheduled at the same time as the AWC mini -convention. The Council did not wish -to change.the..date.of the retreat. Mayor Harrison suggested that the -two -candidates for each Council. position be invited to attend the Council/Staff retreat, not at City expense. Council President Allen noted.that at -last week's.meeting.,the Council had not taken any action to change the grade of.the Purchasing/.Communications Clerk. She said the person is doing a great deal of work and is.long overdue-for'a grade.change-to at least:NE-3.and.to put it off is not fair. Councilmember Goetz thought they should wait for some other..thin.gs`�to happen but she saw that was going to take time and she.said,the person.is performing.the.work now, so she would change her vote on that basis. Councilmember Kasper said''he would be happy to.make his motion again -which was voted 31E) • September 1, 1981-- continued down -last week. •Councilmember`•Nordquist thought.that,position should be place.d.:.under the Finance Director, and he thought-it!was�wrong to change one position when there weee*a.number of others in the City which also should be changed-. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO CLASSIFY THE PURCHASING%COMMUN-LCAT�IONS:'CLERK"POSITION TO.. -AN NE-3. MOTION CARRIED, WITH COUNCIL - MEMBER NORDQUIST VOTING NO. There was-no•further business -to come before the Council.,.and.the meeting adjourned to Executive Session at 10:30 p.m. o IRENE VARNEY MORAN, Ciq Clerk HARVE H. HARRISON, Mayor September 8, 1981 - Work Meeting The regular meeting of the Edmonds City Council was called to order at 8:00 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT Harve Harrison, Mayor Mary Goetz John Nordquist Jo -Anne Jaech Bill Kasper Katherine Allen Larry Naughten Ray Gould STAFF PRESENT Jim Adams, City Engineer Irene .Varney Moran, City Clerk Mary Lou. Block, Planning Director Art Housler, Finance Director Jim Jessel, Parks & Recreation'Director Jack Weinz, Fire Chief Gary McComas, Fire Marshal. Wayne Tanaka, City'Attorney Mark Eames, City Attorney Jackie Parrett,.Deputy•City Clerk Councilmember Nordquist arrived at.8:25, so he was.not present to vote on the Consent Agenda items. CONSENT AGENDA Items (C), (D),'and (E) were removed from the Consent Agenda., COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER ALLEN, 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 -September 1, 1981, as.corrected. The Clerk had noted that in Item (D) of the Consent Agenda the date should. -be corrected to September 23: 1981 instead of September 14, 1981. (This was Authorization to call for bids for Phase II, Street Project on Sprague St., LID 208.) (F) Adoption of Ordinance 2229, providing for.Visitor's Parking Permits on Sunset Ave., Ocean Ave., and 75th PT. W., north of North Meadowdale Rd. . (G) Adoption of Ordinance 2230, restricting hours of.parking on 75th P1..W., north of North Meadowdale Rd. ACKNOWLEDGMENT OF RECEIPT OF'CLAIM FOR DAMAGES FROM ART P. RUNKEL IN AMOUNT OF $230 [Item (C) on Consent Agenda This claim was for damages caused by an Edmonds fire.truck when it was responding to a fire in Woodway, and Councilmember Jaech asked why the claim was not submitted to the Town of Woodway since the fire truck was responding under the Woodway contract. Finance Director Art Housler responded that Edmonds pays for the insurance under its overhead cost.and on that basis, since Edmonds is providing the service it also provides the insurance... City Attorney Wayne Tanaka said that normally a hold harmless clause is included in the contract. Councilmember Gould noted that this action was only to acknowledge receipt of -the claim. THEREFORE,.000NCILMEMBER GOULD MOVED, SECONDED BY COUNCIL - MEMBER JAECH, TO APPROVE ITEM (C) ON THE CONSENT AGENDA, ACKNOWLEDGING RECEIPT:OF THE CLAIM FOR DAMAGES. MOTION CARRIED. APPROVAL OF PLANNING ADVISORY -BOARD SCOPE OF WORK.FOR DEVELOPMENT OF COMPREHENSIVE SIDEWALK PLAN [item (D)on Consent'Agenda] Councilmember Allen said that under Item B of the proposed.Scope of Work, wherein,existing sidewalk locations are inventoried., she -.did not think the PAB.:should be asked to comment on the physical condition of the sidewalks. Planning Director Mary Lou Block.responded that they:would not, but when the Staff is inventorying the sidewalks they would comment on the conditions they found. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO APPROVE ITEM (D),ON THE CONSENT AGENDA. MOTION CARRIED. APPROVAL OF PITTSBURG TESTING LABORATORY FOR TESTING.:AND INSPECTION SERVICES FOR ANDERSON CENTER LIBRARY:,[Item-(E) on Consent Agenda] Councilmember Naughten stated that not all the information was complete on'the bid requirements and • this would be brought up again when the balance of the information is received. This item was