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11/05/1990 City CouncilTHESE MINUTES SUBJECT TO NOVEMBER 20, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES NOVEMBER 5, 1990 (SPECIAL MEETING - MONDAY) A special meeting of the Edmonds City Council, because of the general election on Tuesday, 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 Larry Naughten, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember Megan Renquist, Student Rep. CONSENT AGENDA STAFF Mary Lou Block, Planning Div. Mgr. Art Housler, Admin. Svc. Director Dan Prinz, Police Chief Peter Hahn, Comm. Svc. Director Bob Bower, Treatment Plant Supvr. Bobby Mills, Public Works Supt. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Items (B), (C) and (E) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL At, (D) ADOPTED ORDINANCE 2803 AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR PUBLIC WORKS BUILDING SITE G (F) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING REGIONAL EMERGENCY VEHICLE OPERATION COURSE APPROVAL OF MINUTES OF OCTOBER 23, 1990 ITEM (B) ON THE CONSENT AGENDAI A memorandum dated November 6, 1990 from City Clerk Jackie Parrett stated that on page 2, in the item regarding senior housing, a motion was made to adopt the Planning Board's recommendations, beginning with the seventh line of text on the page. The minutes do not reflect that the motion carried. In checking the tape, the City Clerk found the motion passed unanimously. She request- ed that "Motion Carried" be inserted following the list of the Planning Board recommendations which were adopted by the motion. Councilmember Kasper referred to page 7, paragraph 1, noting that the second sentence should P� read, "He noted that _ferry commuters should not be directed to park in the circular bus system's parking lots". ,I COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. APPROVAL OF PURCHASE OF TONY ANGELL SCULPTURE ($9,729) fITEM (C) ON CONSENT AGENDA] Because of the controversy over the spotted owl and the possibility that people may confuse the sculpture of the snowy owl with the spotted owl, Councilmember Palmer was concerned that the sculpture may not be secure in the location that it is proposed to be placed. . Win Bainbridge, Edmonds Arts Commission, said she felt the sculpture would be secure in its pro- posed location because it will be placed in an area that is well patrolled by police officers and in which many people pass. She noted that it will be permanently anchored. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (C). MOTION CARRIED. PROPOSED ORDINANCE 2804 ADDING NEW CHAPTER 18.45 TO COMMUNITY DEVELOPMENT CODE RELATING TO LAND CLEARING N I EM CONSENT r� In response to a concern by Councilmember Hertrich, City Attorney Scott Snyder suggested that the ✓� Council approve the ordinance that evening. He said he would submit a revised ordinance to the Council in the near future which better integrates the reseeding requirements. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (E). MOTION CAR- RIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Tess Peterson, 93rd West, said despite previous assurances from Olympic View Water District (OVD), the area in which she lives will not be connected to the City's sanitation system because ' annexation did not occur. Mayor Naughten explained that the City entered into an agreement many tx,,O/ years ago with OVD that an area must first annex into the City if residents wish to connect to the City's system. Community Services Director Peter Hahn noted that the area north of 220th is unincorporated and, therefore, is not included in either of the service areas. He said OVD is willing to construct a collection system for that area. He noted, however, that the Council's policy has consistently been not to approve a system unless annexation occurs, but the Council does have the discretion to change that policy. Ms. Peterson said the residents of 93rd West are willing to connect to the system through an L.I.D. Kay Johnston said she had to relocate the drain field on her property eleven years ago because water was coming to the surface, which created a health problem. She said the City would not allow her to connect to the City's system at that time despite the health problem that existed. Mayor Naughten inquired if Ms. Peterson had contacted the Health District, which is the entity that determines if, in fact, a health problem exists. Ms. Peterson replied negatively. Discussion ensued regarding the process involved to annex into the City. Councilmember Palmer noted that the issue was a philosophical one in that OVD is not in a posi- tion or is unwilling to provide the level of service that residents on 93rd West desire, and the City of Edmonds is willing to provide that service to all residents within its boundaries. He said the decision that must be made is whether changing those boundaries is in order. Councilmem- ber Palmer said Mr. Hahn would be happy to speak with the residents of 93rd West if they desired to annex into the City. Mayor Naughten closed the audience portion of the meeting. DISCUSSION ON CONGRESSMAN JOHN MILLER'S TRAFFIC RELIEF PLAN, WITH PRESENTATION BY STAFF ASSISTANT BRUCE AGNEW Bruce Agnew, Staff Director for Congressman John Miller, reported that copies of the proposed Surface Transportation Reauthorization Plan for 1991 were disseminated to local governmental bodies in the 1st District, as well as business and community groups, to try to develop a broad theme of policy statements that will be used not only in terms of the 1st District plan but also in hopes that it will be adopted by the regional congressional delegation as a list of priorities to accomplish in the next reauthorization, which will meet at the University of Washington for a public forum on November 19th on the Surface Transportation Act and local transportation initia- tives. Mr. Agnew offered the City assistance should the State Department of Transportation and the City of Edmonds reach an agreement with regard to relocation of the ferry terminal in Edmonds. He noted that the federal government will subsidize 80% of the cost to purchase a passenger -only ferry. In addition, he said funds are available if the State and City come to an agreement in terms of expanding the wildlife habitat around the proposed location for the ferry terminal facil- ity. Mr. Agnew stated that the priorities of the congestion relief plan contemplate completion of the region's HOV system; would allow the regional governmental structure to move funds between federal transit and highway categories so local option taxes can be best complimented to build a high -capacity bus or rail system in the future; provides incentives for local open space/energy conservation programs; and provides additional federal assistance for the ferry system. He noted that the federal government can provide economic assistance for the purchase of ferry boats and shore -side improvements that benefit passengers. Mr. Agnew said it is .hopeful that the delegation will adopt the position to take the Highway Trust Fund off budget so that monies are available from the trust fund balances. In response to Councilmember Kasper, Mr. Agnew said some of the ferries that were purchased in the 1960's were purchased partially with federal funds, but the Urban Mass Transit Administration tightened the regulations in the 1970's so that only passenger -related improvements could EDMONDS CITY COUNCIL MINUTES Page 2 NOVEMBER 5, 1990 be funded. He said there is reason to believe, however, that the regional government will have far greater flexibility to allocate money for the ferry system in 1991. Councilmember Wilson requested that a representative attend the upcoming State Transportation Committee meeting. In response to Councilmember Wilson, Mr. Agnew said under current guidelines, the purchase of passenger -only boats, anyterminal facilities related to passengers, Park'n Ride lots, and any area that could be used for bus transfers are eligible for federal funding. Mr. Agnew said the State is attempting to diverge from the thirty-five categorical highway and transit programs that are administered by Federal Highways and UMPTA and to go to a more flexible program where the regional governmental structure can match local option taxes to complete the HOV network. Councilmember Jaech inquired if projects, such as a center for foot passengers or a tram to trans- port passengers to the ferry if the pier is long, would be eligible for federal funding. Mr. Agnew replied affirmatively. He added that a feasibility study should be conducted for some of the projects and Community Transit would be required to match the funding for certain projects. He said he had every reason to believe that a looser definition will be given to mass transit when Congress reauthorizes the Act. PROPOSED ORDINANCE APPROVING CABLE TV FRANCHISE City Attorney Scott Snyder requested that the matter be continued to a future date because Carolyn Chambers was attending a federal reserve meeting of the Local Advisory Board and was unable to review the proposed ordinance. Councilmember Hertrich said he would like the public to know that the City is ready to sign the agreement and that Chambers Cable has delayed the matter. T� COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONTINUE THE DISCUSSION REGARDING THE PROPOSED ORDINANCE TO DECEMBER 4, 1990. MOTION CARRIED. (This date was later rescheduled by the Council President to December 18, 1990.) PRESENTATION OF 1991 PRELIMINARY BUDGET TO CITY COUNCIL In accordance with State statutes, Mayor Naughten stated that he submitted to the City Council a balanced budget totaling $42,409,500, which is 10.4%, or $4,904,570, less than last year. Budg- ets for the past three years have been distorted by the impact of constructing a secondary wastewater treatment plant which, when completed in 1991, will cost a total of $35 million. The decrease in the 1991 budget is due to finalization of construction. Mayor Naughten said those funds that provide for basic services (General Fund) improvements to the infrastructure (CIP) and reserve money have increased. Mayor Naughten noted that the City's General Operating Fund of $12,786,290 pays for most of the essential day-to-day services its citizens receive. He said the Fund has increased by $1,253,070 in the following categories: Ending Cash Balance, Salaries & Benefits, Professional Services, Intergovernmental Services, Machinery & Equipment, and other categories. Mayor Naughten said the 1991 budget includes cash reserves of over $900,000 and provides a begin- ning cash balance for the General Fund of $750,000, which is one of the largest cash carry-overs in the City's history. Because of the City's historically conservative fiscal management philoso- phy, along with a healthy local economy, the City enjoys a strong fiscal position. Mayor Naught - en said it is for those reasons that he is recommending that the City not impose the 6% increase in property tax for 1991. Mayor Naughten stated that salaries and benefits costs from page 1 represent 60.5% of the General Fund. This condition is attributable to labor contract settlements based upon a higher than forecasted CPI and the addition of nine new employee positions. Seven new positions will be established in the Police Department and will be funded by the new State criminal justice system money of $360,000. State law restricts the expenditure of this money to criminal justice. The new staffing will enable the Police Department to be open twenty-four hours a day, increase pa- trol coverage, and establish pro -active criminal suppression units. The criminal justice money will also be used in the court system and for increases in jail costs. One accountant position is added in order to keep pace with new State accounting and reporting requirements. An office clerk is added to the wastewater treatment plant staff. EDMONDS CITY COUNCIL MINUTES Page 3 NOVEMBER 5, 1990 The Intergovernmental Services expenditure category shows an increase of 12.3%, or $127,540. Mayor Naughten said the Capital Improvements Projects (CIP), which are separate from the General Fund, are also a major part of the City's budget. The CIP programs represent 20.2% of the total City's budget and the City's long-term investment and commitment in the City's infrastructure. The 1991 budget includes $1,390,000 for street maintenance and improvement. It should also .be noted that $331,000 is new money from voter -approved motor vehicle registration. fees and $61,000 from the increase in the motor vehicle fuel tax. During 1991, the City will complete construc- tion of the secondary wastewater treatment plant. At $35 million, it was the most costly project ever undertaken by the City. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PRE -ANNEXATION ZONING FOR AREA LOCATED AT W..AND EDMONDS- -EDMONDS) Planning Division Manager Mary Lou Block reported that on March 20, 1990, owners of property in the area of 97th and Edmonds Way approached the Council with a petition to annex their property to the City of Edmonds. At that time, the Council accepted their petition and requested that the property be pre -zoned prior to its annexation. Ms. Block said the Planning Board held a hearing on the pre -zoning request on September 26, 1990. After hearing testimony, the Planning Board voted to recommend BN zoning for the area proposed to be annexed. Ms. Block stated that the hearing before the Council is the first of two public hearings which must be held by the City Council in order to establish preannexation zoning. Ms. Block noted that a copy of the recommendation from the Planning Board, minutes from the Plan- ning Board meeting, minutes from the initial Council meeting, and a vicinity map were :included in the Council packets. Ms. Block reviewed the Findings of Fact and Conclusions of Law of the Planning Board. Ms. Block also reviewed a vicinity map showing the existing zoning and surrounding area. Councilmember Hertrich inquired if the right-of-way adjacent to parcels 16, 17, and'18 on 97th Avenue is completely developed. He also inquired why a full street is included. Ms. Block said an entire street determines whether the area lies within the City or County line and clarifies jurisdictional conflicts. Mayor Naughten opened the public portion of the hearing. No public input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ACCEPT THE PLANNING BOARD'S RECOMMENDATION ON R-3-90/CITY OF EDMONDS ZONING OF THE PROPERTY AND SET DECEMBER 4, 1990 AS THE SECOND DATE TO HEAR THE MATTER. MOTION CARRIED. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY AND DISCUSSION OF CRIMINAL JUSTICE FUNDING Municipal Court Judge Stephen Conroy submitted figures illustrating the total City revenue that was received from proceedings of the Court from its inception in 1986. Councilmember Palmer inquired if Judge Conroy .could identify any specific criminal non -traffic violations that have increased since last year. Judge Conroy said he did not believe any viola- tion is more prevalent than in previous years. Judge Conroy noted that the number of filings in 1990 have increased since 1988 and 1989. He said court is in session every Monday and has expanded to two times a month on Wednesday evenings to hear traffic infractions; two Friday mornings of the month for other traffic -related matters; and every Friday afternoon for bail hearings. i Judge Conroy noted that the proposed increase in staffing in the Police Department will impact the court system, which will necessitate the hiring of another court clerk and additional space. Councilmember Palmer inquired if Judge Conroy and Police Chief Dan Prinz have discussed how the proposed personnel increases in the Police Department will impact the court. Judge Conroy re- plied negatively. Councilmember Palmer recommended that Judge Conroy and Chief Prinz discuss that issue in order to insure that the needs of both departments are adequately addressed in the 1991 budget. EDMONDS CITY COUNCIL MINUTES Page 4 NOVEMBER 5, 1990 *Judge Conroy said in his opinion, the public defense system has worked very well. He recommended that the public defender's contract be renewed. With respect to the letter that the public de- fender submitted to the Court suggesting representation of defendants with non-jailable offenses, Judge Conroy pointed out that the law does not require that every person who comes into the court- room be appointed an attorney at public expense. It was the sentiment of the Council, as well, that a public defender need not be assigned to every person. City Attorney Scott Snyder stated that the public defender's contract will automatically be re- newed for an additional year with the same terms unless the Council cancels the contract by the end of November. Mayor Naughten noted that the decision to establish the Municipal Court five years ago has proven to be beneficial not only to the City but also to police officers and citizens of Edmonds. He said of the 45,000 cases that have been filed since the court's inception, only three or four complaints have been made from people who were unhappy with the system. Mayor Naughten said the City is fortunate to have Judge Conroy in its employ. In response to Councilmember Dwyer, Mr. Snyder said Judge Conroy's contract will be in force for another three years unless the Council wishes to change the terms of the contract. Council President Nordquist left the meeting at 8:25 p.m. because he was ill. Councilmember Hertrich also left the meeting because of a business commitment. He requested that a statement he prepared in regard to item 9 (Review of Fire Chief position) be read into the record. Because neither the public defender or Judge Conroy had requested a salary increase in 1991, Councilmember Dwyer suggested that the same cost of living increase that is given to non - represented employees be given to the public defender and Judge Conroy. APPROVAL OF TREATMENT PLANT SUPPORT CLERK JOB DESCRIPTION Personnel Manager Brent Hunter said the new position will be budgeted in the FY 1991 budget and JOOT� will commence January 1st. He noted that the original staffing plan for the plant required a P�/ half-time clerk, but Treatment Plant Supervisor Bob Bower has requested a full-time clerk because changes to the program will increase the clerical needs over what was originally anticipated. Mr. Hunter said it is recommended that the position be assigned an NE-5 pay grade. He noted that a Job description was included in the Council packets. Councilmember Dwyer felt it would be premature to advertise the position as a full-time position because it has not yet been approved in the 1991 budget. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE PROPOSED JOB DESCRIP- TION WITHOUT TAKING A POSITION ON WHETHER THE TREATMENT PLANT SUPPORT CLERK WILL BE A FULL-TIME POSITION OR A PART-TIME POSITION, AND WITH THE UNDERSTANDING THAT THE CITY WILL NOT ADVERTISE THE POSITION UNTIL THE FULL-TIME OR PART-TIME DECISION HAS BEEN MADE, OR THE BUDGET IS APPROVED. MOTION CARRIED. Councilmember Palmer noted that several people have commented on the fine job that Mr. Bower has been doing and the long hours he has been working. Councilmember Palmer expressed his apprecia- tion to Mr. Bower. REVIEW OF FIRE CHIEF POSITION I,fi Mayor Naughten noted that fire department organizational structures and Fire Chief job descrip- tions from comparable cities were included in the Council packets. ��. Mayor Naughten recommended the following: 1) Retain the present organizational structure. He did not believe that Edmonds would experience enough benefit from consolidating the Police and Fire Departments into a Public Safety Department to justify the changeover and it may also create another level of management. 2) Retain a professional firefighter as the head of the department rather than a civilian administrator. He believed the City's present administrative staff can provide the expertise that is needed to assist the Department Director. He recommended that the Job title be changed from Fire Chief to Fire Director. 3) Retain the current civil service quali- fications for the Fire Director's recruitment. He noted that he has had Fire Department person- nel express concern that changing the requirements of the job will prevent them from applying for the position. He said he would like to retain the current qualifications for the present time to allow employees who qualify to compete with any outside applicants. He recommended that advance notice be given that the educational requirements for the Police Chief's and Fire Director's positions will be upgraded and become effective in 1993. *See Council Minutes November 5, 1990 EDMONDS CITY COUNCIL MINUTES Page 5 NOVEMBER 5, 1990 Councilmember Palmer agreed that changing the job title from Fire Chief to Fire Director is desir- able, but he said there would be no real effect unless there is a corresponding change, in the job description. He also felt it would be a disservice to upgrade the educational requirements but not have the qualifications become effective until 1993. Councilmember Palmer said the position is vacant at the present time, and now is the time to make the essential changes to any! education- al requirements. i Councilmember Kasper noted that it has been a policy to upgrade educational requirements whenever a position becomes vacant. He questioned the Mayor's rationale for retaining the current civil service qualifications for the Fire Director's recruitment. Councilmember Dwyer referred to the statement that Councilmember Hertrich had submitted earlier, which stated, "I have to leave early tonight because of business reasons. My feeling',is that we continue with the Fire Chief as per the Mayor's recommendation". Councilmember Dwyer felt the City should stay with the system that is currently in use because he said the City is more comparable to cities such as Mountlake Terrace and Lynnwood that have ei- ther a Mayor or City Manager and the Police Chief function than it is to the County Fire Dis- trict, which has a single function, and its fire department must have its own personnel depart- ment and administrative services. Councilmember Dwyer believed the predominant educational degree required for the position should be an Associate Degree in Fire Sciences. He was concerned that the City not put itself in the awkward position of hiring a person who has obtained a higher degree of education tolthe exclu- sion of having a degree in Fire Sciences. Councilmember Palmer said the City can .settle for less or it can set its sights high and seek out someone who has science and social skills that will make a top administrator and a very effective Fire Chief. Councilmember Dwyer emphasized that the most important function of the Fire Director's position is preventing and extinguishing fires with minimal loss to life and property, and the secondary function is management and properly administering the budget. He was concerned that the proposed job description does not adopt that philosophy. Councilmember Wilson suggested that the job description be written in a way that would look favor- ably upon, but not require, a Bachelor's Degree. He said the system works well at the present time, and he felt it would be a mistake to require a Bachelor's Degree. City Attorney Scott Snyder reviewed the procedure for filling the vacancy for the Fire Chief's position under the existing civil service system, as well as via the non -civil service system. He noted that the Council could, by ordinance, change the civil service process. Councilmember .Palmer suggested that the matter be continued to allow the Council time to review the options that are available to them. The matter was continued to either November 13th or November 19th, at the Council President's discretion. (The Council President later set the dis- cussion for November 19, 1990.) MAYOR Mayor Naughten said Council President Nordquist noted that the agenda is too full to accommodate the cable television franchise discussion on December 4 and suggested that it be rescheduled to December 18, 1990. It was the consensus of the Council to discuss the matter on December 4 if it could be disposed of expeditiously. j COUNCIL Councilmember Palmer inquired if the proposed expansion of the Lynnwood boundaries included the Perrinville area. Mayor Naughten replied negatively. qj,-L;r,' Councilmember Palmer said he visited Hutt Park over the weekend, and removal of the two struc- tures was done in a nice manner with no damage to the Park. Councilmember Jaech requested Staff to provide a memorandum to the Council next week with regard to the time frame involved to submit to the Council a report regarding the weight restriction of commercial vehicles on residential streets. The Council recessed to an executive session at 9:12 p.m. to discuss labor negotiations and ad- journed thereafter. THESE MINUTES ARE, SUBJECT TO NOVEMBER 20, 1990 APPROVAL. EDMONDS CITY COUNCIL MINUTES Page 6 NOVEMBER 5, 1990 AGENDA EDMONDS CITY COUNCIL • PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. 14OVEMBER 5, 1990 SPECIAL MEETING - MONDAY (BECAUSE OF GENERAL ELECTION TUESDAY) CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF OCTOBER 23, 1990 (C) APPROVAL OF PURCHASE OF TONY ANGELL SCULPTURE ($9,729) (D) PROPOSED ORDINANCE 2803 AUTHORIZING CONDEMNATION OF REAL PROPERTY FOR PUBLIC WORKS BUILDING SITE (E) PROPOSED ORDINANCE 2804 ADDING NEW CHAPTER 18.45 TO COMMUNITY DEVELOPMENT .CODE RELATING TO LAND CLEARING AND TREE CUTTING (F) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING REGIONAL EMERGENCY VEHICLE OPERATION COURSE 2. AUDIENCE 3. DISCUSSION ON CONGRESSMAN JOHN MILLER'S TRAFFIC RELIEF PLAN, WITH PRESENTATION BY STAFF ASSISTANT BRUCE AGNEW 4. PROPOSED ORDINANCE 2805 APPROVING CABLE TV -FRANCHISE 5. PRESENTATION OF 1991 PRELIMINARY BUDGET TO CITY COUNCIL 6. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PRE -ANNEXATION (30 MINUTES) ZONING FOR AREA LOCATED AT 97TH AVE. W. AND EDMONDS WAY (R-3-90/ CITY OF EDMONDS) 7. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY AND DISCUSSION OF CRIMINAL JUSTICE FUNDING 8. APPROVAL OF TREATMENT PLANT SUPPORT CLERK JOB DESCRIPTION 9. REVIEW OF FIRE CHIEF POSITION 10. MAYOR 11. COUNCIL 12. EXECUTIVE SESSION - LABOR NEGOTIATIONS THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE