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07/30/1985 City CouncilTHESE MINUTES SUBJECT TO AUGUST 6 APPROVAL EDMONDS CITY COUNCIL MINUTES July 30, 1985 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT ABSENT.` STAFF PRESENT Larry Naughten, Mayor. Tom Cole, Student Steve Simpson, Pks. & Rec. Dir. John Nordquist Representative Bobby Mills, Actg. Pub. Wks. Supt. Steve Dwyer Elaine Dimon, Actg. Adm. Svcs. Dir. Laura Hall Peter Hahn, Comm. Svcs. Dir. Jo -Anne Jaech Dan Prinz, Police Chief Bill Kasper Jack Weinz, Fire Chief Lloyd Ostrom Jim Adams, City Engineer Jack Wilson Scott Snyder, City Attorney Shirlie.Witzel, Recorder Mayor Naughten advised that the Executive Session scheduled for this evening will be used to discuss property negotiations and a personnel matter rather than labor negotiations as adver- tised. CONSENT AGENDA Item (J) was removed from the Consent Agenda for discussion. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda including the following: (A) Roll call. (B) Approval of minutes of July 16, 1985. '(C) Acknowledgment of receipt of Claim for Damages from Kelly Madrid ($33.00). (D) Authorization for Mayor to sign contract with Chamber.of Commerce for Taste of Edmonds. (E) Passage of Resolution 624 adopting 6-year Transportation Improve Program. (F) Report on bids opened July 10, 1985 and award of contract for 1985 Pedestrian Walkway to Dave Marthini Construction ($95,985). (G) Final acceptance of work by Puget Sound Utilities for Highway 99 water main replacement and set 30-day retainage period. (H) Authorization for Mayor to sign Amendment to Appendix C of Police Union Agreement. (I) Acceptance of Quit Claim Deed from Andrew and Nancy Husak and Elizabeth Mathay. (K) Authorization to purchase pickup truck and miscellaneous equipment for Public Works Division ($138,200). SET DATE OF SEPTEMBER 3, 1985 FOR HEARING ON FINAL ASSESSMENT ROLL, LID 210 —NORTH MEADOWDALE SEWERS PROJECT [Item (J) on Consent Agenda] Councilmember Hall had noted several errors in spelling and names used in the Hearing Examiner's Report and asked that they be corrected. City Attorney Scott Snyder advised that he had already asked that corrections be made; however, the action before the Council is to set a date for the hearing. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO SET THE DATE SUGGESTED WITH THE NECESSARY CORRECTIONS TO BE MADE IN THE REPORT. Councilmember Ostrom asked about the fourteen day time for reconsideration of the recommendation noted on page 9, paragraph 1. Mr. Snyder replied that the City will not take advantage of that and the Hearing Examiner's recommenda- tion is final. MOTION CARRIED. AUDIENCE Dorothy Williamson, 703 Main St., asked what the City is doing in regard to the possibility of the Civic Center Playfield being sold by the School District. Mayor Naughten said the City is concerned and the City Attorney had investigated the matter. Mr. Snyder said the position of the School Board has been clear during the past 14-16 months. He has.drafted a letter stating the City's position regarding the existing lease and the expenditure of tens of thousands of dollars for improvements to the field. He said the lease is valid and any dealings with the property should be with the City. Adding that there are issues regarding zoning, environmental impacts, traffic and the problem of ingress and egress, Mayor Naughten said it would be a difficult site with which to work for the proposed purpose. 'Ms. Williamson asked that the City appear at the next School Board meeting. Mr. Snyder noted that the dollar amount of the lease would not be the - consideration upon which the lease is based; the fact that the City had relieved the School Dis- trict of most maintenance on the field, had spent money for improvements, and the School District has retained scheduling rights would all serve as consideration. He added that the Mayor has instructed that the lease be paid forward. Councilmember Hall remarked that in doing some research on this subject, she had found the School Board feels there is a glitch in the contract, a point she had raised at the time the City had decided to develop the field. She felt there should be a citizen's committee with the Mayor representing the City to discuss the problem and prevent loss of this facility. Mr. Snyder re- plied that the matter could end up in litigation and he feels the City should take a strong posi- tion. He would not recommend any negotiation at this point since there is an existing lease with strong equity and legal reasons in the City's favor. Councilmember Kasper observed that this may be a smoke screen since they have to have three sites to negotiate. Denny Davis, 15705 loth Ave. W., Lynnwood, of Edmonds Lumber, spoke regarding the girls softball team, Diamond Queens. He said they have had an excellent season winning both the State and North- west Regional Division Championships. They are scheduled to play in national competition in New Mexico next week, he said, and appealed for financial aid to help the team travel to that competi- tion, any contributions may be left at Edmonds Lumber Company. PROGRESS REPORT ON MEADOWDALE PLAYFIELD Parks and Recreation Director Steve Simpson reviewed the evolution of the cooperative agreement for development of the Meadowdale Playfield, which will contain three softball fields, two soccer fields, a community area, two children's play areas and a future equestrian ring. He said Lynn- wood and Bill Evans are owed thanks for taking the lead in this project. Mr. Simpson noted that two grants have been applied for and one has been awarded by HUD for development of restrooms and handicapped facilities. He said the construction could take up to seven years if no other grants or additional funds are forthcoming and noted that Edmonds will contribute $120,000 for five years. The engineering has been done for Phases I and II, he said, the phasing provides a mini- mum impact on maintenance requirements, with the two soccer fields planned for completion first. Asked by Councilmember Kasper how the $2,500,000 will funded, Mr. Simpson replied that Snohomish County has indicated they,may be able to fund more than indicated and that other funding sources will be sought. Since drainage is a problem on the site, the work is being done as quickly as possible but completion will depend on the weather. He reported that inquiries have already been received regarding scheduling of the fields. Councilmember Dwyer asked if Lynnwood would be interested in an inaugural softball game when the fields are completed. Mayor Naughten suggested that the School Board, Lynnwood City Council, the County Council and the Edmonds City Council participate in such a game. REVIEW AND DECISION RE COUNCIL DAIS Community Services Director Peter Hahn said this item had been brought back to the Council be- cause of a minor change necessary in the design approved previously. In an effort to make the dais portable, he said the staff had designed dais sections that can be stored in the recessed areas on the north end of the room. This solution will result in a savings in labor but will cost an estimated $750.00 more than originally authorized. Councilmember Hall asked if the micro- phone system would be improved and Mr. Hahn replied that problems should be eliminated with the installation of the platform. Mayor Naughten explained there would be one table for the press and another for the City Attorney, City Clerk and Recording Secretary, the staff would be seated in the audience. Asked by Councilmember Ostrom about the location of the screen and whether the plan would work in reverse, Mr. Hahn replied that the location of the screen had not been re- solved satisfactorily and the staff felt placement of the dais on the unwindowed areas of the room was preferable. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO ENDORSE THE CONCEPT PRESENTED BY MR. HAHN. Councilmember Kasper indicated his intention to vote against the motion because the amplifying system should be done first. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS HALL, JAECH, AND OSTROM VOTING YES; COUNCILMEMBERS NORDQUIST, DWYER, KASPER AND WILSON VOTING NO. MOTION FAILED. EDMONDS CITY COUNCIL MINUTES Page 2 July 30, 1985 Councilmember Kasper asked that the amplifying system be improved and then the dais be consid- ered. Councilmember Jaech agreed but felt that there had been numerous attempts to improve the system without success and would like to see a professional evaluate the system. Councilmem- ber Hall said the audience must be able to see and hear deliberations but when the Council was quoted a price to improve the system they felt it was too expensive. Mayor Naughten said they would have someone analyze the system. AUTHORIZATION FOR STAFF TO SOLICIT LETTERS OF INTEREST FOR LAKE BALLINGER BASIN DRAINAGE STUDY City Engineer Jim Adams asked the Council to authorize use of funds allocated for a Shell Creek Basin study to be used for a Lake Ballinger Basin study instead. Because of impending County drainage improvements at Chase Lake, he said the City should have an inventory of the existing facilities, such as the size of culverts, in order to be able to know what impact the improve- ments at Chase Lake will have on City drainage facilities. Mr. Adams said the authorization to solicit letters of interest is a first step in obtaining this study. Councilmember Jaech agreed that a study is needed and asked what criteria have been established for the study. Mr. Adams replied that they are in the process of preparing the scope of the study and Mr. Hahn added that there are specific criteria established for the selection of consultants by the Consultant Selec- tion Committee. COUNCILMEMBER KASPER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER NORDQUIST, TO REALLOCATE FUNDS TO THE LAKE BALLINGER BASIN STUDY FROM THE PROPOSED SHELL CREEK BASIN STUDY. Councilmember Hall asked if the motion included authorization for staff to advertise for letters of interest. COUNCILMEMBER KASPER ADDED AUTHORIZATION FOR STAFF TO SOLICIT LETTERS OF INTEREST, AGREEABLE TO SECOND. Councilmember Nordquist expressed concern that the scope of the study include neighboring area drainage into the Edmonds system, such as developments at Holy Rood and Aurora Village. He said King County, Mountlake Terrace, Lynnwood, and Snohomish County should be included in the study since they also have done some studies and perhaps duplications could be avoided. Mr. Hahn noted that the study by Mountlake Terrace would not be looking at the same things intended for this study, the drainage system controlled by Edmonds. However, he agreed that there should be coopera- tion among the various agencies. Councilmember Nordquist suggested that Edmonds be the lead agency, contacting the others to do a basin study that would go beyond the borders of the City. Mr. Adams explained that there seem to be two different issues. He is talking about the need to inventory the capabilities the City has for drainage in the area and be able to know what size pipe should be required for new and changing developments within the City. He noted that any adjacent areas that drain through the City would be included in the study. Councilmember Kasper withdrew his motion, agreeable to second. Councilmember Jaech said the Council wants a study and criteria they want addressed. She said there is a lot of concern about problems in the area and the Council is tired of piecemeal ap- proach. They would like to see a staff report containing a listing of what is expected from the study together with the other areas mentioned this evening for a total composite approach. Coun- cilmember Hall suggested a meeting with Mountlake Terrace should be a preliminary action. Agreeing with what is being said, Councilmember Ostrom said the staff were talking about a drain- age study not a pollution study. He said the staff were trying to determine the drainage within the City and if the pipes are large enough to carry that drainage. He noted that any neighboring areas that drain into Edmonds would be included in the study. Councilmember Jaech agreed that only those areas draining into Edmonds should be included. Councilmember Kasper reported that he had attended a meeting last week in which plans were made to proceed with drainage improvements in the Chase Lake area as a result of the Court order against.Snohomish County. He said it is urgent that a study of the drainage between there and Lake Ballinger be made. Mr. Adams agreed that the County plans at Chase Lake had brought this to a head, since there has been flooding at 76th Ave. W. and Highway 99 in the past and there will be increased flooding from the improve- ments at Chase Lake. He said the staff do not have enough information on the drainage system in that area to discuss this with Snohomish County. Mr. Hahn indicated the staff would present a report on the scope that defines the drainage study and an explanation of how this .study would interface with studies being done by other agencies at a future Council meeting. Councilmember Nordquist asked that drainage sources, how the drainage is handled and the volume involved be included in the report. COUNCILMEMBER KASPER MOVED, SECOND- ED BY COUNCILMEMBER NORDQUIST, TO HAVE THE MAYOR AUTHORIZE THE STAFF TO PRESENT THE SCOPE ON THE AREA IN LAKE BALLINGER AND CHASE LAKE THAT AFFECT THE CITY AND DEFINE THE DRAINAGE BASIN AND ENTIRE PLAN FOR THE STUDY BEFORE AUTHORIZING BIDS. MOTION CARRIED. MAYOR Mayor Naughten announced that the Hubbard Foundation had made a gift of $25,000 for a sprinkler system for the cemetery, which had been accepted by the Cemetery Board. It is expected the sys- tem will be in place by the end of September. EDMONDS CITY COUNCIL MINUTES Page 3 July 30, 1985 The Mayor reported that a group interested in donating money to the fireboat had gone to Sedro Wooley to see the boat. He distributed pictures he had taken and reported on the status of the boat. COUNCIL Councilmember Jaech asked if the Police collect bad checks for merchants. Police Chief.Dan Prinz replied that they have never collected such checks, but the City has prosecuted them. Councilmember Jaech asked if the City is still following developments at Paine Field, Mayor Naughten advised that Don Stay is a member of the Board. Councilmember Jaech reported on a recent news article regarding the suit against a city for use of B&O taxes to fund a convention center. She cautioned against the use of such funds for the proposed convention center in this area. Councilmember Jaech said the Administrative Services Committee discussed two items, Employee Assistance and the proposed revisions to the Exempt Classification, which were returned to staff for further research before referral to the Council. The third item was returned to the Mayor for his implementation. Councilmember Ostrom said there is a situation existing in regard to accessory buildings that allows an attached building to be as large as the existing house. He asked that the Planning Board look at the problem and make recommendations. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO REQUEST THE PLANNING BOARD TO ADDRESS THE CITY'S DEFINITION OF ACCESSORY STRUCTURES AND CONSIDER THE ISSUE OF ATTACHED AND DETACHED STRUCTURES IN LIGHT OF THE HEIGHT LIMITATIONS. MOTION CARRIED. Councilmember Hall reported the Community Services Committee discussed the paving of alleys and the dais configuration. Councilmember.Hall asked if there had been any further word from Mayor Hrdlicka of Lynnwood regard- ing the Sno-Isle Library. Mayor Naughten said nothing further had been received. Mr. Snyder said the purchase of Olympic school property will be discussed in the Executive Ses< sion; however, discussion of funding for the sustaining fund should be held during the open meet- ing. The alternatives of raising the levy lid, increasing the level of tax and a third option were presented in a letter from City Attorney Wayne Tanaka, he said. Councilmember Wilson said the Council has read the various alternatives and he would favor raising the levy lid as the sim- plest and most straightforward of the options. Mr. Snyder suggested that Administrative Services Director Art Housler be asked to estimate the number of cents necessary to raise the amount of the sustaining fund. Councilmember Ostrom agreed that raising the levy lid would be best. He asked for clarification of a mention of a super majority vote for approval of the levy. Mr. Snyder said that would refer to 60% plus 1. He said the new levy lid would be place on the bal- lot with the GO bonds. Mr. Snyder explained that the difference between raising the levy lid and changing the percentage limitation would be that a change in the percentage limitation would be effective for only one year and would have to be voted on each year; however, raising the levy lid is good as long as the City continues to make that levy. He said the raise must be utilized the first year and in any one of the'succeeding three years. In response to a question, he said the first year would be 1987. Discussion followed of the application of the 106% limitation and its effect on the amount levied. Councilmember Kasper asked if the voters did not vote for the sustaining fund, would the Council be prevented from taking the sustaining fund out of the 106%. Mr. Snyder said it is within the Council's discretion, if both measures passed, the Council would not have to approve the GO bonds nor levy the amount, the Council is authorized to do something and it is within their discretion whether they take the step. In regard to the veto letter from the Mayor, Councilmember Kasper said the Council should go along with the Mayor's suggestion to wait until the staff had opportunity to look at reclassifica- tion of the entire City. He said he would be willing to wait until the Mayor's deadline of Novem- ber 1 and, if nothing had been accomplished, he would move to implement the Councils proposal. Councilmember Ostrom said he would agree, with the reservation that there are reductions in grade that reflect the acquisition of a Community Services Director and a full time Mayor. Councilmember Kasper had noted a change in partnership for Stafford Morse Partnerships and won- dered if the City would have to go along with that. Mr. Snyder said that question would be on the Council agenda next week. Councilmember Dwyer asked that Gordon Rosier be invited to meet with the Community Services Commit- tee to express his concerns regarding pollution in the Sound. EDMONDS CITY COUNCIL MINUTES Page 4 July 30, 1985 In light of the changes in State law for certain misdemeanors, Councilmember Dwyer asked if the City would have to redefine these misdemeanors or if they could instead repeal the existing ordi- nances and allow the police to cite under the State law. The misdemeanors are a fire arms charge in which the State says local law must be the same as State law, he said, and destruction of property which is being held unconstitutional. In view of the situation existing at the South County District Court, he suggested that allowing the police to cite under State law would result in the County prosecuting these crimes and the paying for the person going to jail. Since the City cannot collect any fines on the crimes, he sees this as a good solution. Mr. Snyder said this should appear on the August 6 agenda and he would attach recommendations regarding the sugges- tions mentioned. However, rather than repeal the ordinances, he said there is a current general revision of the criminal code and the Council may wish to wait until there. is a resolution of the_ problems at the South District Court. Councilmember Dwyer asked that a list be compiled of potential funding sources that could be given to groups such as the softball team that was mentioned this evening. Mayor Naughten recessed the meeting to Executive Session at 8:35 p.m. to discuss property negotia- tions and a personnel matter, meeting adjourned at 9:14 p.m EDMONDS CITY COUNCIL MINUTES Page 5 July 30, 1985