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12/08/1987 City CouncilTHESE MINUTES SUBJECT TO DECEMBER 15, 1987 APPROVAL EDMONDS CITY COUNCIL MINUTES DECEMBER 8, 1987 (WORK MEETING)' The regular meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT Larry Naughten, Mayor Jack Wilson, Council President John Nordquist Steve Dwyer Laura Hall Jo -Anne Jaech Lloyd Ostrom ABSENT STAFF PRESENT Bill Kasper Mary Lou Block, Planning Div. Mgr. Dan Marsh, Jim Barnes, Parks & Rec. Div. Mgr. Student Rep. Jerry Hauth, Hydraulics Engineer Duane Bowman, Asst. City Planner Bob Alberts, City Engineer Sharon Thatcher, Personnel Mgr. Art Housler, Admin. Svc. Director Bobby Mills, Public Works Supt. Peter Hahn, Comm. Svc. Director Dan Prinz, Police Chief Robin Hickock, Asst. Police Chief Chuck Day, Acctg. Supervisor Bill Stroud, Street Supervisor Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived a few minutes late and did not vote on the Consent Agenda. Mayor Naughten noted that the suggested hearing date for Item (0) on the Consent Agenda was Janu- ary 5 rather than January 19, 1988. Mayor Naughten recommended that the Executive Session be held following Item #5 on the regular agenda because City Attorney John Wallace would be present at that time. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO HOLD THE EXECUTIVE SESSION FOLLOWING ITEM #5. MOTION CARRIED. CONSENT AGENDA COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 1, 1987 AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT WITH JOHN GALT AS HEARING EXAMINER PRO TEM (D) SET JANUARY 5, 1988 FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING 3 LOT SUBDIVISION AT 652 THIRD AVE. N. (AP-11-87/APPELLANT: W.L. HARPHAM) CWC-HDR TREATMENT PLANT MONTHLY REPORT Bud Benges, CWC-HDR, Inc., submitted Progress Report No. 7 to the Council. Gordon Culp, CWC-HDR, Inc., reported that the project remains approximately two weeks behind schedule. He said the project cost also lags behind the budgeted amount. However, the original schedule will be on track by February 1, 1988. Mr. Culp said sixty sheets of drawings have been started. The use of a second power feeder from Snohomish County PUD is feasible; however, the details must be worked out. A meeting was held with DOE and the flow split issue was resolved. Mr. Culp said the project model was completed and presented at the City's open house on November 19, 1987. Mr. Culp said additional soils investigations were made on the site to better define foundation conditions. Mr. Culp noted that meetings were held with the Citizen's Advisory Committee, Architectural De- sign Board (ADB), and the Arts Commission during November. The ADB expressed comments regarding the compatibility of the public use of the site and the essential function of the site. The next meeting is scheduled for January 6, 1988 to address their comments in detail. Mr. Culp said the Arts Commission plans to have an artist selected by January 1988 to work with the CWC-HDR architect on the artistic features at the north end of the site. Mr. Culp said 110 drawings should be started and 90 drawings should be completed by the end of December. Mayor Naughten noted that the City of Lynnwood has decided to abandon privatization and utilize conventional methods for its secondary treatment plant. ANNUAL REPORT FROM THE HEARING EXAMINER Because the Hearing Examiner was not present at that particular time, the item was discussed following the Annual Report From Municipal Court. ANNUAL REPORT FROM MUNICIPAL COURT r 'Judge Stephen Conroy reported that $37,000 remains in the budget as of December 1. He said the City has realized a savings of approximately $91,000 in filing fees to District Court by reestab- lishment of the Municipal Court. Judge Conroy felt that the Court provided a positive service to the community. He said cases are heard within two months from the date they are filed. He said because the Court employs its own work force for that court exclusively rather than utilizing staff -that serve other courts as well, he felt that the employees put forth an extra effort and were proud to be City of Edmonds employees. Judge Conroy said citizen access to the Court has been very good; the schedule of the Court is very flexible. He said he allows defendants to voice their opinions before he renders a deci- sion. He noted that hearings are held upon the request of a citizen in addition to regularly scheduled sessions if they are unable to attend the regular session. He said night court is scheduled two nights a month for citizens who are unable to attend day sessions. Judge Conroy reported that expenditures have been minimal, and the Court has been under budget for the two years that it has been in existence. Councilmember Ostrom observed that expenditures indicate an upward trend, although the system has realized a profit. Judge Conroy noted that the amount budgeted for expenditures related to the purchase of computer equipment as well as other major office equipment to set up the system, but he said he did not expect to make any other major expenditures in the future. Councilmember Ostrom inquired if an increase in staff was anticipated. Judge Conroy replied negatively. He said the necessity for additional employees would arise only if the City annexed a community into the City with a significant population. Mayor Naughten inquired if infractions for driving while intoxicated have decreased due to public education. Judge Conroy said he believed public education was partly responsible, but there were a number of other factors involved. Mayor Naughten inquired if domestic violence has increased because of the increase in transient housing. Judge Conroy replied affirmatively. Councilmember Wilson inquired about the citation ratio of parking and traffic infractions to local residents versus nonresidents. Judge Conroy said the majority of traffic infractions are written to Edmonds citizens; however, more parking infractions are generally written to nonresi- dents. Councilmember Wilson inquired if the problems associated with separate courtroom facili- ties have been alleviated. Judge Conroy replied affirmatively. He said although it would be convenient to be located in a self-contained facility, problems that are encountered are easily resolved. Mayor Naughten said he believed the Court system is run very efficiently. He noted that lie has received only two telephone complaints out of the 8,900 cases that have been filed. / ANNUAL REPORT FROM HEARING EXAMINER Hearing Examiner James Driscoll reported that 76 hearings have been held in 1987 and 5 mote are r scheduled before year end in comparison to 81 hearings in 1986. He noted that the City was inun- dated with controversial land use issues in 1986; however, 1987 has been a less demanding year. EDMONDS CITY COUNCIL MINUTES Page 2 DECEMBER 8, 1987 Mr. Driscoll said his experience during the past seven years as Hearing Examiner has resulted in an improved system. He said he has received total cooperation from the Planning Department and, in particular, Assistant City Planner Duane Bowman. He complimented Mr. Bowman for an excellent representation on behalf of the City. Mr. Driscoll said he met with the Planning Board to discuss what he perceived to be deficiencies in the Community Development Code. He said it was his understanding that the Board will present legislation in the near future to resolve those deficiencies. Mr. Driscoll said although there are deficiencies in the Code, he felt the Code was more explicit than codes of other local cities. Mr: Driscoll noted that the Hearing Examiner system was established in the 1970's and was creat- ed as a result of abuses of previous legislative bodies. He said the City of Edmonds has uti- lized the Hearing Examiner system for the past seven years. He said the system works, although it has been controversial at times due to the nature of issues that have been heard. Mr. Driscoll said he believes that the system has enhanced the character of Edmonds and,has preserved the personality of Edmonds. Mr. Driscoll said the system, as set forth in the Code, allows decisions of the Hearing Examiner to be appealed to the City Council through de novo hearings. He said although it was not within his purview to establish the procedures of the Council with respect to appeal procedures, he suggested that the process was modified, as follows: 1) insure that the appellant has standing to bring an appeal before the Council; 2) amend the ordinance to require an appellant to state the alleged error in fact, omission of fact, and/or error in law so .that the issue(s) of contro- versy is clearly identified. Mr. Driscoll said he believed a clearer record would be presented to the Council in adopting that process and the Council would be better able to focus on the issues. Mr. Driscoll said he is the first Hearing Examiner that the City has, employed. He said he finds the job to be very challenging and he enjoys his work. Because many of the issues affect peo- ple's lifestyles, he said he takes his job very seriously and is often sympathetic to the effect that his decisions have on citizens. In reviewing issues, however, he said he must enforce the review criteria of the Code. Mr. Driscoll said hearings are commenced with a description of the hearing process and the func- tion of the system. He said he always emphasizes that he must render a decision based upon the testimony and evidence that has been presented to him at the time of. the hearing and cannot take into consideration testimony outside of that process. He said he sometimes becomes frustrated because he does not always receive all of the facts during the hearing process. Mr. Driscoll noted that he changed the format of his decisions in his report to include a commen- tary for controversial issues. Councilmember Ostrom said he was under the impression that an appellant must state their reason for an appeal. Planning Division Manager Mary Lou Block said although reasons are stated, they are often very general. Councilmember Ostrom expressed concern that a lay person lacks the legal background to effectively draft an appeal letter stating the issues of controversy. Mr. Driscoll said an appellate body must be liberal in its interpretation of errors but can expect a lay per- son to point out the issues that they feel were in error. AUTHORIZATION FOR MAYOR TO RENEW MUNICIPAL COURT JUDGE'S CONTRACT ,,a. Mayor Naughten reported that other courts in the Puget Sound area were compensating judges at Y 9 P ����,,,�- approximately $50 per hour when the City reestablished the Municipal Court on January 1, 1986. «,qv He said because the City did not want the court to be a financial burden to the City, a very cautious and conservative approach was taken with respect to salary setting with the intent that an adjustment would be made at a future date. With this understanding, Judge Conroy agreed to $35 per hour. Mayor Naughten said the Judge was requested to submit a salary increase proposal during last year's budget process but kindly refused because he wanted to be sure that the success of the court in the first year would continue into 1987 and thereafter. Judges' salaries at South Dis- trict Court have increased from $54,000 in 1986 to $62,000 in 1987 and $71,000 in 1988, which represents an increase of 316 for the two-year period. Mayor Naughten said Staff recommends that Judge Conroy's hourly rate be increased from $35 to $42. Councilmember Dwyer said he believed the hourly rate should be increased to $45 because it would roughly correspond to the State system as well as to the rate in Everett. He noted that Judge Conroy has successfully managed the Court and should be compensated accordingly. Councilmember Jaech and Councilmember Wilson concurred. EDMONDS CITY COUNCIL MINUTES Page 3 DECEMBER 8, 1987 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO INCREASE JUDGE CONROY'S STIPEND TO $45 PER HOUR IN 1988. Councilmember Ostrom said the proposed increased was a good example of reward for merit, and he wished they could do the same for other City employees based on the merit system. Council member Wilson noted that the Municipal Court's monetary benefit to the City can be shown in dollars and cents whereas the monetary benefit from other positions within the City are not as tangible. MOTION CARRIED. The meeting recessed to an Executive Session a 8 p.m. to discuss a legal matter and reconvened at 8:50 P.M. DISCUSSION OF LAKE BALLINGER WATER QUALITY PROGRAM City Engineer Bob Alberts reported that the City entered into an agreement with the City of Mount- lake Terrace in 1987 to share in the cost of a water quality program for Lake Ballinger. The City spent $14,000 in 1987 for the water monitoring program. A proposed interlocal agreement for 1988 has a cost of $23,982.50 to the City for the monitoring program and $53,982 for a program including alum treatment of the lake to prevent algae bloom. The preliminary 1988 budget has earmarked $30,000 for the 1988 program. Mr. Alberts said Staff questions expending an additional $30,000 for, eliminating the algae prob- lem. There are indications that the quality of the lake is improving and will continue to im- prove as pollutant sources are identified and eliminated. It is possible that in three to five years the algae problems could be drastically reduced under the existing program. Staff would prefer that the Council postpone any decision for alum treatment until a later date and after soliciting further information. Mr. Alberts introduced Bob Aldridge, Water Quality Specialist for Mountlake Terrace. Mr. Aldridge reviewed with the Council a slide presentation of water quality programs that have been implemented in the Lake Ballinger watershed to date. He noted that the watershed is shared with King County, Lynnwood, Snohomish County, Mountlake Terrace and Edmonds. Mr. Aldridge stated that one of the more important components of the program is identification and removal of point and nonpoint pollution loading sources. He said approximately 18 sources have been identified and most have been mitigated. Other components of the program include stream rehabilitation of Hall Creek, which consists of decreasing the sediment loading and in- creasing the oxygenation, as well as reducing access points for dumping trash; maintenance of the hypolimnetic injection system and the creek itself. Mr. Aldridge said debris is removed every year on a weekly basis; thus far, 5 tons of debris have been removed. In addition, deterio- rated vegetation is removed from the ponds and the creek. Mr. Aldridge reported that the budget has increased to approximately $60,000 due primarily to the increase for alum treatments. Councilmember Hall inquired how often alum treatments are applied. Mr. Aldridge replied every two to seven years. Councilmember Ostrom expressed concern that the program .would not control some situations that are existent, i.e., phosphorous runoff from the Municipal Golf Course. Mr. Aldridge noted that problems did not exist when the areas in question were forest lands. However, management pro- grams and the installation of facilities have become necessary because of the extent of impervi- ous surfaces that exist. Mr. Alberts clarified that the request was to approve the interlocal agreement with the City of Mountlake Terrace for the monitoring program and authorize $23,982.50 from Fund 412 for the pro- gram, but the issue of alum treatment would be further discussed in the future. Councilmember Nordquist inquired about management of inlets in the vicinity of Aurora Village. Mr. Aldridge said those inlets are currently being monitored. He noted that a 75 acre site on the south end of Lake Ballinger is soon to be developed by King County. He said one of the major storm drainage systems in Aurora Village will be diverted into a detention pond installed by King County. Councilmember Nordquist inquired if nutrient loading in Lake Ballinger will be con- trolled when the condominiums are developed by the Nile Country Club. Mr. Aldridge replied affirmatively. He noted that:Mountlake Terrace has in existence an ordinance that requires the provision of 300 feet of grassline swails for every acre of development. EDMONDS CITY COUNCIL MINUTES Page 4 DECEMBER 8, 19B7 BUDGET WORK SESSION• CONTINUED REVIEW OF COMMUNITY SERVICES AND ADMINISTRATIVE SERVICES (INCLUD- ING CITY ATTORNEY 1988 BUDGETS r✓ J' Community Services Director Peter Hahn reviewed the 1988 Community Services Budget with the Coun- cil. He requested the addition of seven positions for the Department. Mr. Hahn said a preventative maintenance program has been formulated over the last two years that lists activities that need to be regularly undertaken to maintain the present water system. He said 13,220 hours of manpower per activity are necessary for scheduled preventative maintenance alone, which is approximately 1,800 employee hours per year or 7.22 Staff members. Mr. Hahn said an enhanced drainage maintenance program and crack sealing program will be undertaken in 1988 but requires the help of one additional Staff member. Mr. Hahn noted that the combination of the Buildings and Grounds Division should be reevaluated due to the increased workload over the past several years. He said he is presently reviewing the necessity for two supervisory positions. He said he will make a recommendation to the Council in January. Councilmember Wilson inquired what revenue source will be utilized to fund the requested addition to Staff. Mr. Hahn replied the General Fund and Water/Sewer Fund. C,ouncilmember Wilson inquired how the recent presentation for the street program could be justified.when Staff has just request- ed additional personnel to undertake a crack sealing program. Mr. Hahn said preventative mainte- nance must be included in addition to the street program to protect the capital investment of that program. Councilmember Jaech inquired where the revenue would emanate from to fund the requested additions to Staff. Administrative Services Director Art Housler said there are over 100 sources of reve- nue which go into the General Fund. He noted that those revenues have increased over the years, and those increases will fund the additional positions. Councilmember Hall inquired about the annual cost of the additional positions. Mr. Hahn replied approximately $170,000. Councilmember Jaech inquired how much the reserves will be reduced. Mr. Housler replied $700,000. Mr. Hahn said it was anticipated in 1987 that the Permit Coordinator would commence development of an automated permit tracking and retrieval system. This work program item was to be funded out of the 1987 Building Section Overtime line ($4,250). However, the project has been delayed because the computer in the Building Department was delivered later in the year than anticipated, as well as a number of other reasons. Mr. Hahn requested the carryover of those funds into the same line item in the 1988 Budget. Due to the lateness of the hour and because discussion of the budget items were not completed that evening, COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO RESCHEDULE THE AGENDA FOR THE DECEMBER 22 MEETING, CANCELLING THE COMMITTEE MEETINGS, TO DISCUSS THE 1988 BUDG- ET ONLY. MOTION CARRIED. Mayor MEMBERNWILSON,� adjourned THE eMEETINGgTOtCONT CONTINUE THE COUNCILMEMBER SESSION MOMOTIONSECONDED Y COUNCIL - CARRIED. MAYOR Mayor Naughten noted that the current Planning Board terms of Sharon Claussen and Janet Phillips xpire on December 31, 1987 and he proposed to reappoint them. COUNCILMEMBER HALL MOVED, SECOND - MAYOR'S REAPPOINTMENT OF JANET PHILLIPS AND SHARON ED BY COUNCILMEMBER WILSON, TO CONFIRM THE CLAUSSEN TO POSITIONS 3 and 4, RESPECTIVELY, ON THE PLANNING BOARD, TERMS TO EXPIRE DECEMBER 31, 1991. MOTION CARRIED. Mayor Naughten noted that the current Board of Appeals terms of Robert Drury and Paul Sorenson expire December 31, 1987 and he proposed to reappoint them. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO CONFIRM THE MAYOR'S REAPPOINTMENT OF ROBERT DRURY AND PAUL SORENSON TO POSITIONS 6 and 7, RESPECTIVELY, ON THE BOARD OF APPEALS, TERMS TO EXPIRE DECEMBER 31, 1987. MOTION CARRIED. COUNCIL COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE COUNCILMEMBER KASPER'S ABSENCES FROM THE COUNCIL MEETINGS LAST WEEK AND THIS WEEK. MOTION CARRIED. Councilmember Nordquist said he recently visited Chicago and was amused at the procedure that the city utilizes to elect a mayor. He said the election took place in a 1988 Lincoln in a restau- rant parking lot. EDMONDS CITY COUNCIL MINUTES Page 5 DECEMBER 8, 1987 Councilmember Hall said she and Councilmember Nordquist attended a Health Board meeting that afternoon. She noted that arbitration proceedings have commenced regarding the proposed per capita increase to cities and the County. Council President Wilson suggested that a meeting be scheduled on January 23, 1988, 8:30 a.m., for the drainage basin presentation. The Council concurred. Councilmember Jaech inquired if merchants at Doces Mall will be contacted with respect to the recently adopted ordinance regarding dangerous weapons. Police Chief Dan Prinz replied affirma- tively. Councilmember Jaech submitted an article to Staff to copy for the Council regarding the proposed tax changes that will be submitted to Congress and the Senate. The meeting recessed to an Executive Session at 10:08 p.m. These minutes are subject to December 15, 1987 approval. JACQ ELINE C. PARP.ETT, City Clerk LARRY S. NAUGHTEN, Mayor L� a] EDMONDS CITY COUNCIL MINUTES Page 6 DECEMBER 8., 1987 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. DECEMBER 8, 1987 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 1, 1987 (C) AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT WITH JOIN GALT AS HEARING EXAMINER PRO TEM (D) SET DATE FOR HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING 3-LOT SUBDIVISION AT 652 THIRD AVE. N. (AP-11-87/ APPELLANT: W. L. HARPHAM) (SUGGESTED HEARING DATE: JANUARY 19, 1988) 2. CWC-HDR TREATMENT PLANT MONTHLY REPORT (10 MINUTES) 3. ANNUAL REPORT FROM HEARING EXAMINER (30 MINUTES) 4. ANNUAL REPORT FROM MUNICIPAL COURT (20.MINUTES) 5. AUTHORIZATION FOR MAYOR TO RENEW MUNICIPAL COURT JUDGE'S CONTRACT ( 5 MINUTES) 6. DISCUSSION OF LAKE BALLINGER WATER QUALITY PROGRAM (30 MINUTES) 7. BUDGET WORK SESSION: CONTINUED REVIEW OF COMMUNITY SERVICES AND (60 MINUTES) ADMINISTRATIVE SERVICES (INCLUDING CITY ATTORNEY) 1988 BUDGETS 8. MAYOR 9. COUNCIL 10. EXECUTIVE SESSION - PERSONNEL AND LEGAL MATTERS THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE