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11/22/1988 City CouncilTHESE MINUTES SUBJECT TO DECEMBER 6, 1988 APPROVAL / EDMONDS CITY COUNCIL MINUTES NOVEMBER 22, 1988 WORK MEETING The regular work meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Bill Kasper, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Karen Abrams, Student Rep. ABSENT STAFF Larry Naughten, Mary Lou Block, Planning Div. Mgr. Mayor Art Housler, Admin. Svc. Director Laura Hall, Peter Hahn, Comm. Svc. Director Councilmember Bob Alberts, City Engineer Jack Wilson, Jack Weinz, Fire Chief Councilmember Dan Prinz, Police Chief Jim Barnes, Parks & Rec. Div. Mgr. Bobby Mills, Public Works Supt. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Pro Tem.Kasper presided over the meeting in the absence of the Mayor. Councilmember Dwyer entered a few minutes late and did not vote on any item preceding the treat- ment plant report. CONSENT AGENDA Items (B) and (F) were removed from the Consent Agenda. ' COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda include the following: (A) ROLL CALL (C) ADOPTED ORDINANCE 2690 INCREASING AMOUNT OF ADVANCE REVOLVING TRAVEL FUND �y�vy (D) FINAL ACCEPTANCE OF WORK BY GREEN RIVER CONSTRUCTION COMPANY, INC. ON 1988 WATER REPLACEMENT PROGRAM AND SET 30 DAY RETAINAGE PERIOD (E) ADOPTED ORDINANCE 2691 AMENDING COMMUNITY DEVELOPMENT CODE RELATING TO FLOOD DAMAGE PREVENTION TO COMPLY WITH NEW FEDERAL EMERGENCY MANAGEMENT AGENCY REGULATIONS APPROVAL OF MINUTES OF NOVEMBER 15, 1988 [ITEM (B) ON THE CONSENT AGENDA] Mayor Pro Tem Kasper referred to a memorandum written by the City Clerk at the request of Council - member Hall regarding the following amendments: page 2, Audience portion, in response to Jeff 4-0 Palmer's request for service club signs, Councilmember Hall agreed with Mr. Palmer but asked why it was so long in coming, saying the Mayor can do this with a stroke of his pen". She addressed the Mayor and said he had done a good job of putting up the directional signs for the various entities within the City and to her this was another dimension of that. She.commented that in i years past whenever she and her husband travelled around the United States, they planned their vacation around the Rotary emblem so he would have 100% attendance, and she said she knows the Lion's Club does the same. She again addressed Mr. Palmer and said "this is something we can do administratively". Both Mr. Palmer and Mayor Naughten responded that it could not; that it re- quires a Code amendment. Councilmember Hall said that Mr. Palmer had taken it a step further because it could have been done without incorporating it into the Code. Mr. Palmer and Mayor Naughten responded that it could not, and Mayor Naughten added "but we will work on it". On page 2, under "Hearing on 1989 Budget", Mike Cooper requested the Council to authorize the addition of three firefighters in 1989. In response to Mr. Cooper's request, Councilmember Hall said she wanted to set the record straight. She said the Chief had not formally requested those firefighters ... that it was brought up through another conversation and she was the one who quizzed the Chief, asking if he was not requesting them this year and he said no. She said she had been told that at one point in time the Chief was talking about it and "it was kicked out, so to speak" at the management level. She said she wanted to go on record that the Council has been every bit as concerned as Mr. Cooper, and she was glad he was there. Mayor Pro Tem Kasper noted that the minutes did not reflect that Mr. Palmer had stated that he was speaking as a private citizen and not as a member of the Planning Board. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE MINUTES AS AMENDED. Because Councilmember Hertrich said he would like to defer approval of the minutes until he had a chance to read the memorandum, COUNCILMEMBER KASPER WITHDREW THE MOTION. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO MOVE ITEM (B) TO NEXT WEEK'S AGENDA. MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS TO REROOF LARGE HUTT PARK HOUSE [ITEM (F) ON CONSENT AGENDA] Councilmember Hertrich inquired about the extent of inspection that has. taken place. Public Works Superintendent Bobby Mills said the house has been inspected several times over the years and the foundation is structurally sound. He said the extent of dry rot cannot be determined until the shingles are removed. Councilmember Hertrich inquired if the roof needed to be re- paired immediately. Mr. Mills replied negatively. Mayor Pro Tem Kasper said he thought the work should be done during the dry season. Mr. Mills said he was bringing the request to the Council so they would be apprised of it but the repairs could be done next summer. Councilmember Hertrich inquired if the damage would be more extensive if the repairs were postponed. Mr. Mills replied negatively. COUNCILMEMBER HERTRICH MOVED TO AUTHORIZE STAFF TO .CALL .FOR BIDS TO REROOF THE LARGE HUTT HOUSE ON THE BASIS THAT THE REPAIRS ARE DONE NEXT YEAR. Councilmember Jaech pointed. out that the bids could change from. the time they are received and when the repairs are accomplished next year.. COUNCILMEMBER HERTRICH WITHDREW THE MOTION. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO. EARMARK FUNDS FOR THE REPAIRS IN THE CARRY-OVER BUDGET FOR 1989 AND AUTHORIZE STAFF TO CALL FOR BIDS NEXT APRIL. MOTION CAR- RIED. CWC-HDR MONTHLY TREATMENT PLANT REPORT tz Gordon Culp, CWC-HDR, Inc., said the project has been inactive during the month of November. He reported that the EPA's hearing officer has delayed her decision on the, protest twice, but it is anticipated that a decision will be reached by November 21st. Both Kiewit Construction and Wright Schuchart Harbor have extended the time that their bids will remain,open. Mr. Culp said the telemetry design for customer metering is nearly complete. It will be submit- ted to DOE for approval next week. Mr. Culp said the hearing on the outfall Shorelines Permit is scheduled for November 17. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO RECESS TO AN EXECUTIVE SESSION TO DISCUSS LABOR NEGOTIATIONS. MOTION CARRIED.. The Council recessed at 7:18 p.m. and reconvened at 7:35 p.m. ANNUAL REPORT FROM HEARING EXAMINER Hearing Examiner James Driscoll reported that he has presided over 93 hearings in 1988 to date, which is very similar to his activity for the past 8 years. He said issues that were presented to him in 1988 were less controversial than in 1986 and 1987 primarily because the number of preliminary plat applications have decreased. Mr. Driscoll said the number of administrative appeals have increased in 1988 because Staff has been given more authority. Mr. Driscoll noted that the number of appeals to the City Council of his decisions have remained consistent with past years. He said there were no appeals on any procedural issue. Mr. Driscoll said he has made recommendations with respect to the Edmonds Community Development Code over the years. He felt that past refinements of the Code have provided a more clear and consistent Code. He requested the Council to review two areas: fences and signage. He said the Code is weak in those two areas and causes controversy. Mr. Driscoll said he believed the City should redefine the Code with respect to: 1) height of fences, 2) under what conditions fences should be allowed to exceed the height standard, 3) from what topographical point should a fence be measured, 4) should fences be measured from the top of retaining walls or is a retaining EDMONDS CITY COUNCIL MINUTES Page 2 November 22, 1988 wall included as part of a fence. Mr. Driscoll felt the criteria review for the sign ordinance and the forum for that review should be changed so that it falls within the purview of the Archi- tectural Design Board only and not within the review of both the Board and the Hearing Examiner. He said oftentimes the Board will table a decision with respect to signage until the issue of a sign variance is heard. He felt that the sign and height of a sign is an aesthetic issue and must be reviewed by the Board, as it was established to review aesthetic issues. Mr. Driscoll said although he has rendered decisions with respect to signage, his expertise revolved around land use planning. Mr. Driscoll said the Hearing Examiner system is working very well. He said he receives total cooperation from all departments in the City. He commended Assistant City Planner Duane Bowman for his professionalism and ability to work well with people. Councilmember Hertrich said he was very familiar with the Hearing Examiner proceedings and consid- ered the system to be very fair. He said discussion has taken place regarding a more rigorous sign height and size ordinance. He inquired how Mr. Driscoll felt about eliminating the use of variances and having the ADB review signage in strict compliance with the Code. Mr. Driscoll said although it may not be outlandish to do away with variances, he felt that some guidelines or criteria were necessary so that an applicant would know what to expect. He thought the criteria should be more carefully drafted and applicable to the issue that is being regulated. Councilmem- ber Hertrich inquired if the Hearing Examiner's Findings of Fact could include testimony that was given in opposition to an issue. Mr. Driscoll said he does not restate all testimony that is given but, rather, makes reference in his Findings to what he feels were critical points. He said he does paraphrase testimony given but emphasizes some more than others, depending on the relevancy and merit of that testimony. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE *Judge Stephen Conroy reported that over 26,000 cases were filed with South District Court in 11987, of which 11,000 were filed with the Edmonds Municipal Court. He said he devotes one day a week in court, which equates to approximately 50 hours a month. * Judge Conroy said criminal traffic infractions were increasing but non -criminal traffic infrac- tions decreased during the months of May and June primarily because the motorcycle officers were replaced and the new officers were in class training and were not the road as often during those months. He anticipated that the Court will generate approximately $500,000 in revenue in 1988, noting that the system is operating within the budget. Judge Conroy mentioned that the Public Defender has been providing an excellent service and in- tends to continue with the contract with no pay increase. * Judge Conroy said he believed the Court provided a good service to the community. He said there is flexibility in scheduling because it does not operate on a typical work week schedule. Night court sessions are held so that people do not have to take time off work to appear in court. In addition, he said night court allows police officers to attend court during off -hours. Judge Conroy said because the City Attorney and Public Defender attend court sessions, approxi- mately fifty to sixty percent of criminal cases are resolved because the defendant has an opportu- nity to speak with the attorneys before entering a plea; thus, court time and attorney time is - utilized very efficiently. Councilmember Hertrich inquired how many charges are filed against a person when he/she refuses to abide by the Community Development Code. Judge Conroy said those type of charges are just starting to be filed with the Court, and he was unsure what kind of policy decisions were being made about whether or not to press charges. Councilmember Hertrich asked Judge Conroy how he felt about the City enforcing the Code through penalties. Judge Conroy said when the case is referred to him, all other remedies have usually been exhausted and damage has already occurred. He said a policy decision must be made with respect to resolving individual cases. City Clerk Jackie Parrett noted that the Public Defender's contract is automatically renewable unless it is renegotiated or cancelled by either party. She said the renewal date is December 31, 1988. She asked if the Council had any objection to renewal. No objection was voiced. Judge Conroy requested an increase in his salary cap from $30,000 to $36,000 next year because the court docket is getting longer and because he is spending more time in court. (He stated that the hourly fee is satisfactory.) Judge Conroy noted that another clerk has been requested for 1989.' Mayor Pro Tem Kasper inquired if the budget reflected the additional clerk. Administrative Services Director Art Housler re- plied affirmatively. Judge Conroy said it has been a pleasure to work with the City. He said the clerks work very hard and are pleased to be associated with the City. EDMONDS CITY COUNCIL MINUTES * See Council Minutes of December 6, 1988 and Page 3 November 22, 1988 December 20, 1988 PROPOSED ORDINANCE 2692 LEVYING PROPERTY TAXES FOR 1989 9 8 Councilmember Hertrich said he would like the Council to determine how the funds will be spent / before they pass the ordinance imposing the 106% tax assessment. He suggested that $100,000 of the 106% tax assessment be dedicated for road improvements. Councilmember Jaech felt it would be more appropriate to wait until a full Council was present before determining the use of the funds. She said, however, the Council must vote on the ordinance immediately so that the funds will be available, if the ordinance passes, in the 1989 budget. Mayor Pro Tem Kasper said the City needs the additional revenue because there will be a budget deficit. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ORDINANCE 2692 LEVYING THE 1989 PROPERTY TAXES AT 106%. Councilmember Jaech said there is a potential for major deficits in the budget in the forthcoming years. She said if the ordinance is not passed, the monies cannot be recouped and the deficit will only continue to snowball. Councilmember Hertrich said he would have to abstain from voting if the Council would not earmark the funds prior to voting on the ordinance. Councilmember Dwyer inquired if the vote must indicate four Councilmembers in favor of the motion rather than a simple majority of those present. City Attorney Scott Snyder said a simple majori- ty was all that was necessary to establish the levy. MOTION CARRIED WITH COUNCILMEMBER HERTRICH ABSTAINING. REVIEW RAINIER BANK LEASE FOR PUBLIC PARKING LOT AND DISCUSSION OF PROPOSED MONTHLY PARKING FEES FOR TWO CITY PUBLIC PARKING LOTS Mayor Pro Tem Kasper announced that the issue was rescheduled to a later date. CONTINUED WORK ON 1989 PRELIMINARY BUDGET Councilmember Nordquist suggested that the Council determine how to approach the budget so that they can proceed efficiently and pragmatically. Councilmember Jaech suggested that the Council meet on a Saturday in addition to the regularly scheduledmeetings to discuss the budget so that they are not so hard pressed for time at the end of the year. COUNCILMEMBER N.ORDQUIST MOVED, SECONDED BY COUNCILMEMBER.JAECH, TO MEET ON NOVEMBER 29TH AT 7 P.M. WITH THE DEPARTMENT MANAGERS PRESENT TO DISCUSS THE 1989 BUDGET; AND RESCHEDULE THE REPORT FROM JANET PADGETT.TO DECEMBER 13.- MOTION CARRIED. COUNCILMEMBER HERTRICH MOVED TO REQUEST STAFF TO RECAPITULATE ON LAST WEEK'S DISCUSSION OF THE EXTENDED SEASON POOL COVER. THE MOTION FAILED FOR LACK OF A SECOND. Councilmember Hertrich re- quested Staff to give the report during his portion of the. Reports from Councilmembers. REPORTS FROM COUNCILMEMBERS REGARDING THEIR BOARD ATTENDANCE/PARTICIPATION Parks & Recreation Division Manager Jim Barnes said it would require approximately 12,000 square feet of covered space to encompass the pool, spa, and deck area. He said an air structure made of vinyl, nylon, or PVC fabric or a modular cover system of nylon or polyester reinforced PVC fabric can be used to cover the pool. The costs for those structures range from $87,000 to $400,000 but do not include the support equipment, which would cost $40,000. Mr. Barnes said the cost to operate Yost Pool currently is approximately $64,000. The revenue it generates is $52,000. He said there is an estimated annual net loss of $12,700, which equates to an 80.4% self-sufficiency rate. The estimated operation cost of a year-round aquatic program at Yost is $227,000. The anticipated revenue would be $125,000, which would create a net annual loss of $102,000 (a 55% rate of self-sufficiency). Mr. Barnes said the revenue deficit could be offset from revenues generated from several amenities, i.e., a weight room in the upper deck. He strongly recommended that the City closely analyze how marketable the pool would be after the improvement were made, noting the locations of other nearby pools. Councilmember Jaech said although it would be nice to have a year-round pool facility, she did not feel that the City is in a position to be expending funds for a program like that because the budget is very limited and there are other things of a health and welfare nature that are more pressing. Councilmember Nordquist reported that the Health District drafted and passed a resolution re- stricting the sale of tobacco to anyone under the age of eighteen. He said the resolution will be submitted to the Council for its consideration. EDMONDS CITY COUNCIL MINUTES Page 4 November 22, 1988 Councilmember Nordquist said the Health District has approved the 1989 assessment for cities at $4.28, which will be approximately a $19,000 increase to the City of Edmonds. He said the A.I.D.S. epidemic is growing in the County and is partly responsible for that increase. Council - member Jaech said she read an article about an increase in the epidemic Hepatits B. She said medical professional expressed concern for children because there is no cure, and they urged parents to inoculate their children. The Council discussed an upcoming agenda item regarding refunding the 1980 Anderson Center/Li- brary bonds. Administrative Services Director Art Housler said it was necessary to get approval for the bond refunding from the Council so that the necessary documentation could be prepared. He inquired who the bond company would be inasmuch as Foster & Marshal prepared the earlier work but Dain Boswroth was designated for the treatment plant bonds. Councilmember Jaech suggested that Mary Hughes of Yeasting & Hughes submit a report to the Council regarding the marketability of such a bond refunding at the present time and then proceed from there. Mr. Housler inquired if the Council, then, was authorizing Ms. Hughes to prepare the necessary documentation at the rate of $75 per hour. Councilmember Jaech said she wanted her opinion. Mayor Pro Tem Kasper said he would reschedule discussion of the bond refunding to December 27, 1988 and request Mary Hughes to be present if the Council did not object. No objection was noted. Mayor Pro Tem Kasper reported that the chairman of the SnoTran Board, Mr. Brubaker, has been i appointed as representative on the Community Transit Board. He said a resolution was drafted, which was approved by all members of the CT Board, to extend transit service into the public transportation benefit area. He noted that the Board is proceeding with the 2001 transit plan. He said another grant in the amount of $5,000 is forthcoming, which will be used for new equip- ment. COUNCIL Councilmember Jaech requested Staff to provide the Council with a quarterly report of contracts that are due for renewal. Councilmember Jaech requested that her last two absences be excused. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO EXCUSE COUNCILMEMBER JAECH'S ABSENCES. MOTION CARRIED. Councilmember Hertrich requested the Mayor to instruct Staff to be more rigorous in their re- quests for prosecution of violations of the Community Development Code so that Judge Conroy can enforce the Code more effectively. Councilmember Jaech noted that the only means for a citizen to file a complaint of that nature is to call 911. She said the Police Department has more ur- gent matters to attend to, and she suggested that the filing process be altered. Councilmember Hertrich said very few violations of the Code are referred to the Judge because Staff handles those complaints and they wind up in file. He said he wanted more "teeth" to be put into it so that people believe in the system. (No action was taken at the meeting.) Councilmember Hertrich said he received a complaint that the McCormicks have suffered structural damage to their home caused by the construction on the Hanchett property. He requested the Mayor and Staff to review the permit and to make an inspection of the damaged property. City Attorney Scott Snyder said Councilmember Hertrich was referring to revocation of the permit. He said Z there are three ways in which that can arise: 1) the Community Services Director can direct review of the permit, 2) the Council can direct review of the permit, or 3) three citizens, by complaint, can make a request for inspection. Mr. Snyder said this complaint deals with the dam- age to one individual, which is a private nuisance and a matter of a civil complaint. He said the nature of the complaint is vibration from earth moving equipment and is not in violation of any City ordinance. He said unless the City can prove that it is a public nuisance affecting a wide number of people in the neighborhood, there are no grounds for revocation of the permit. He advised Staff to be very cautious, in light of the Supreme Court's decision of Taylor vs. Stevens County, which limited a municipality's liability under building and code enforcement to the gener- al public and not to specific individuals. Councilmember Hertrich inquired about the remedy if the complaint was made known to the developer and the developer took no action. Mr. Snyder said he believed the claim was referred to the developer, who sent the claim to his insurance compa- ny. He said the Council could initiate review, as could three citizens. He said, however, he would have difficulty proving the issue to be a public nuisance if it did not affect at least three people. Councilmember Nordquist said he called the City last week to speak to a Staff member but was unable to locate that person. He said he was transferred several times and finally referred back to the main switchboard only to be told by the receptionist that she did not know where that person (located in the Community Services building) was. He suggested that Staff managers tell someone where they are going when leaving the premises. Community Services Director Peter Hahn said Staff members generally sign out when they leave the premises but they do not sign out just to go to from one building to another. T . mee ing adjourned at 9:45 p.m. THESE MINUTES A . SU dECT TO DECEMBER 6, 1988 APPROVAL. EDMONDS CITY COUNCIL MINUTES ge 5 November 22, 1988 JACQLfELI,NE G. PARRETT, City Clerk WLLLIAK J.'.KA Rf, flayorI Pro Tem AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. NOVEMBER 22, 1988 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 15, 1988 (C) PROPOSED ORDINANCE 2690 INCREASING AMOUNT OF ADVANCE REVOLVING TRAVEL FUND (D) FINAL ACCEPTANCE OF WORK BY GREEN RIVER CONSTRUCTION COMPANY, INC., ON 1988 WATER REPLACEMENT PROGRAM, AND SET 30-DAY RETAINAGE PERIOD (E) PROPOSED ORDINANCE 2691 AMENDING COMMUNITY DEVELOPMENT.CODE RELATING TO FLOOD DAMAGE PREVENTION TO COMPLY WITH NEW FEDERAL EMERGENCY MANAGEMENT AGENCY REGULATIONS (F) AUTHORIZATION TO CALL FOR BIDS TO REROOF LARGE HUTT PARK HOUSE 2. CWC-HDR MONTHLY TREATMENT PLANT REPORT 3. ANNUAL REPORT FROM HEARING EXAMINER 4. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE 5. PROPOSED ORDINANCE 2692 LEVYING PROPERTY TAXES FOR 1989 6. REVIEW RAINIER BANK LEASE FOR PUBLIC PARKING LOT AND DISCUSSION OF PROPOSED MONTHLY PARKING FEES FOR TWO CITY PUBLIC PARKING LOTS 7. CONTINUED WORK ON 1989 PRELIMINARY BUDGET 8. REPORTS FROM COUNCILMEMBERS RE THEIR BOARD ATTENDANCE/PARTICIPATION 9. MAYOR 10. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE ( 5 MINUTES) (30 MINUTES) (30 MINUTES) ( 5 MINUTES) (30 MINUTES) (45 MINUTES) (30 MINUTES)