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12/18/1990 City CouncilTHESE MINUTES SUBJECT TO JANUARY 8, 1991 APPROVAL EDMONDS CITY COUNCIL MINUTES December 18, 1990 The regular 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 Larry Naughten, Mayor Jo -Anne Jaech, John Nordquist, Council President Councilmember Roger Hertrich, Councilmember Steve Dwyer, William Kasper, Councilmember Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember Megan Renquist, Student Representative STAFF Art Housler, Admin. Svs. Dir. Dan Prinz, Police Chief Bob Alberts, City Engineer Bobby Mills, Public Works Supt. Arvilla Ohlde, Parks & Rec. Mgr. Jim Walker, Hydraulics Engineer Scott Snyder, City Attorney Jackie Parrett, City Clerk Councilmember Jaech had called the City Clerk to state she was stranded in Seattle because of the snow storm and would have to stay there overnight. Also, Councilmember Dwyer was unable to make it back from Bellevue until 11:00 p.m. because of the snow storm. Mayor Naughten thanked everyone for coming this evening (referring to the inclement weather) and said they would move the meeting along quickly. He said Item 7, REVIEW OF NONREPRESENTED EMPLOY- EES SALARY REPORT, would be discussed on December 26, 1990 in order to devote more time to the budget work session. (Subsequent to the meeting, this item was moved to January 8, 1990.) CONSENT AGENDA Items (E) and (J) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda included the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER A , 1990 (C) REPORT ON BIDS OPENED DECEMBER 11, 1990 FOR EDMONDS LIBRARY PLAZA METAL CAPS PROJECT, AND AWARD OF CONTRACT TO HEYSE CONSTRUCTION ($22,792.87, INCLUDING SALES TAX) APPROVAL OF 1991 EQUIPMENT RENTAL RATES ADOPTION OF RESOLUTION 711 COMMENDING STUDENT REPRESENTATIVE MEGAN RENQUIST ADOPTION OF ORDINANCE 2807 AMENDING CITY CODE 7.30.070(C) TO DELETE REFERENCES TO DATE OF BIRTH FOR LOW INCOME CITIZENS' UTILITY RATE REDUCTIONS ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ADB DECISION DENYING FINAL APPROVAL OF LANDSCAPE PLAN ON OFFICE BUILDING LOCATED AT 7416 212TH ST. S.W. (APPLICANT/APPELLANT: RICHARD GEMPERLE - FILE AP-26-90/ADB-43-90) APPROVAL OF MEADOWDALE PLAYFIELD MAINTENANCE AND OPERATIONS AGREEMENT WITH CITY OF LYNNWOOD CQ.a¢.&04--� (K) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM MARISSA SEBERS ($415.68) PROPOSED RESOLUTION 710 EXTENDING CABLE TV FRANCHISE TO JANUARY 31, 1991 [ITEM (E) ON CONSENT _GND City Attorney Scott Snyder indicated the City Clerk had provided the Council with three changes to the resolution previously provided for consideration, and he would answer any questions the Council may have. Councilmember Palmer asked if Mr. Snyder had been able to contact the consul- tant, and Mr. Snyder responded that Mr. Page will return on December 26. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO PASS RESOLUTION 710 EXTENDING THE FRANCHISE UNTIL JANUARY 31, 1991. PROPOSED ORDINANCE 2808 REGARDING SHARED LEAVE ITEM (J) ON CONSENT AGENDA! Councilmember Palmer inquired if there is a policy as to who the shared leave can be used for, such as children, friends, relatives. Mr. Snyder said there are the same restrictions as using vacation for compassionate leave, with a narrowly defined group of immediate family, husbands being included. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (J) ON THE CONSENT AGENDA. AUDIENCE I Natalie Shippen, 1022 Euclid, again brought to the Council's attention her request regarding Cam, .4 concerts in the park. Ms. Shippen was hoping that the Council would consider accepting the origi- nal idea of the concerts in the park being separate and apart from the Arts Commission concerts. �'0 Ms. Shippen felt the Arts Commission had a budget and would do whatever they could within that budget. She would like to see the concerts in the park handled separately. Ms. Shippen felt the Parks Manager, Arvilla Ohlde, should present to the Council how much it had cost for the 1990 concerts and prepare above and beyond that for 1991. PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE MEGAN RENQUIST br., Council President John Nordquist reviewed some of the history of the Student Representative postion and then read the Resolution df Commendation aloud. He then presented the resolution to Ms. Renquist, and she expressed appreciation for the opportunity to serve in this position. CWC-HDR MONTHLY REPORT Bud Benges gave a brief update on the construction of the secondary sewer treatment plant. He i%teis reported that the construction on the wastewater treatment plant is 79% completed. The project at a stage where the basins in which waste will be treated are completed. The contractor is working on the superstructure walls, and equipment has been placed in the basins and within the structures. Councilmember Kasper inquired about the modification/elimination of the trees on the west side of the plant, and why they are being dropped. Mr. Benges indicated they will be plant- ing trees on the city property. Councilmember Kasper was referring to the original model and Mr. Benges replied it was very difficult to see where the property line was. Councilmember Kasper said the Council has not approved any kind of change or the elimination of the trees. Mr. Benges reported that the original intent on the highway right-of-way was to build in landscaping in that zone, and the environmental representative from the highway department said cattails would have to be replaced into right-of-way just as before. COUNCILMEMBER KASPER MOVED TO BRING THE ENTIRE MATTER (THE PLAN REGARDING THE TREES) BACK TO THE COUNCIL BEFORE IT GETS OUT OF HAND. COUNCILMEMBER WILSON SECONDED THE MOTION BECAUSE AS ORIGINAL- LY PLANNED THERE WERE TREES TO BUFFER THE WALL, AND HE SAID THIS WAS ALL NEW TO HIM. Mr. Benges said there have been some requests made to the State to go back to the original con- cept. He said the idea has been in the making to trade out the wetland on the south side so they can go back to a concept where they can do landscaping in the right-of-way. City Engineer Bob Alberts clarified that the permits that came through the highway department came after the project was let for bid. The landscaping was not included in the bid because we did not have any permits to do anything within the State right-of-way. Part of the permit re- quirement was to restore the ditch section to the original condition, about which they are'now in communication with the State, asking for some changes. Mr. Alberts further indicated that it was not advisable to direct a contractor to stop anything because of this issue. He said this is an area that does not belong to the City. It is in the State right-of-way, and if permission is obtained from the State, it can be landscaped at a later date, either through the contractor or under separate contract. He said there is also the issue of the west side. Mr. Alberts then suggested that they have an executive session sometime in January wherein they can address all issues. THE MOTION THEN CARRIED. HEARING ON EDMONDS WAY BASIN STUDY aptm✓ City Engineer Bob Alberts reported that this was a draft report only, and the hearing was primari- ly to receive input. The report put emphasis on nonstructural solutions where possible, along r'` with emphasis on the environmental issues. Some of the problems they have discovered during the study were undersized pipelines and the lack of maintenance on detention systems, and there was a question as to the possibility of the City taking over the detention tanks. Mr. Alberts said the report covers a capital improvement program. The program itself is a $3.4 million project, with both a five-year and a ten-year capital improvement program. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO CONTINUE THIS HEARING DUE TO LOW ATTENDANCE WHICH MAY BE ATTRIBUTABLE TO THE BAD WEATHER CONDITIONS, THEREBY ALLOWING FOR EDMONDS CITY COUNCIL MINUTES Page 2 December 18, 1990 ADDTIONAL INPUT FROM THE PUBLIC. It was agreed that input would be taken from those present this evening but another hearing could be scheduled to allow for additional input. MOTION CARRIED.. Patrick Colemen, 17211 77th Ave. W., stated he and his wife participated on the Citizens Action Committee regarding the study. He said everyone learned a great deal and the consultant was very informative. He felt the most inexpensive solution is not always the best solution, and the citizens should have to pay for those solutions. Kurt Koenig, 18104 Andover, agreed with Patrick Coleman's testimony. He also participated on the Committee and said it was very worthwhile and also very informative. There was no other input, and a second hearing was scheduled for January 15, 1991. PROPOSED ORDINANCE 2809 AMENDING 1990 BUDGET AS A RESULT OF UNANTICIPATED TRANSFERS AND ! qq 0 EXPENDITURES P' City Attorney Scott Snyder reminded the Council that the public should have an opportunity to address the proposed amendment to the 1990 budget. Mayor Naughten asked if anyone in the audi- ence wished to comment, and there was no response. COUNCILMEMBER NORDQUIST THEN MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE ORDINANCE 2809. MOTION CARRIED, WITH ALL FIVE COUNCILMEMBERS PRESENT VOTING IN FAVOR (MAJORITY PLUS ONE REQUIRED FOR PASSAGE). CONTINUED WORK SESSION ON 1991 BUDGET 1q al The Council continued discussion of the budget, using as a point of reference an updated summari- zation of previous actions and a statement of unfinished business prepared by Administrative Services Director Art Housler. During the work session Council President Nordquist left the meeting at 8:15 p.m., and Councilmember Hertrich left at 8:20 p.m. The Council was advised by the City Attorney that they no longer had a quorum present so they could take no actions, but they could continue the work session as a committee. They agreed to do that because it was essen- tial to proceed in order to adopt the budget by the end of the year as required by law. Councilmember Wilson stated he would like reflected in the minutes that Councilmembers Nordquist and Hertrich, for reasons apparent only to themselves, during the budgetary process in a meeting of extreme importance to the City, and when time is running out, got up and walked out of this meeting and crippled the process so the Council was left without a quorum and without the ability to function on behalf of the citizens. He said in approximately seven years that he has been on the Council this has never happened, and he was quite frankly offended. The items identified in Mr. Housler's packet of information were addressed individually, and he noted the actions taken for the final budget document. The major issue reviewed was the capital improvements program. During the discussion there was a concern as to the necessity of some of the items. Councilmember Wilson observed that the City is in a good year economically, looking toward.a potential bad year economically, and it is not good to spend money on other than main problems. Councilmember Palmer agreed, saying times may be changing, and they must be sure there is money in the reserves and that the City won't be hit with something it cannot handle. He thought some of the projects were good, but not necessary, and they could be put in reserve in order to provide flexibility to address future necessities. In the unfinished business portion, the concerts in the park issue was discussed. Ms. Ohlde reviewed the request of Natalie Shippen to continue the concerts at City Park. She noted that the Arts Commission had agreed to add four concerts to the two normally scheduled (during the Arts Festival and the Taste of Edmonds). That would total six concerts within their established budget. Their stipulation is that the concerts be held at the Frances Anderson Center to keep the costs down and utilize the recently remodeled bandstand. Also, they would pay only for the professional services of the bands, and not for food, lodging, etc. Ms. Ohlde said the issues to clarify are location, administration, and cost. . Based on the costs of the 1990 concerts, which she enumerated, she estimated a conservative cost of $14,730 for eight additional concerts at City Park of the type the Centennial Committee provid- ed last year. She considered the cost of lumber to construct the bandstand last summer (and noted that she thought Edmonds Lumber had given them a price break), the labor to construct it, reseeding the area at the end of the concert season, and advertising. She noted that the Centen- nial celebration had provided excellent advertising that would not be available next year. Regarding location, she noted that City Park has been designed for rental of picnic areas and ballgames on Sundays, and a maestro cannot lead a band with all that going on. It had been sug- gested that the backstop be relocated, but she said that would cost $4,000 to $5,000 and the location has to meet specific criteria. EDMONDS CITY COUNCIL MINUTES Page 3 December 18, 1990 Regarding administration, she agreed that could go under the Parks and Recreation Department. However, she said the City has an Arts Commission with a mission to provide the artistic programs for the community, and she would not want to circumvent that group. She said a recommendation from a citizens group regarding a band could go to the Arts Commission for determination if it meets the needs of the community. Ms. Ohlde noted that Natalie Shippen's position was that the concerts were good for the commnity, and everyone enjoyed them. She did not want the concerts or the enthusiasm for them diminished, and Ms. Ohlde did not think they would be diminished under the Arts Commission. She noted that the Arts Commission had heard the request, had understood, and had responded. Councilmember Kasper commented that the majority of the people attending had been older people, and the right kind of bands should be obtained for them. Mayor Naughten suggested the $5,000 previously dis- cussed be allotted for concerts in the park, but that the bands be the type that can fit in the gazebo. He felt it would be nice to have them in the park if it could be done, using the gaze- bo. The consensus, however, was to provide the Arts Commission $4,000 for additional bands and to encourage the use of the park and the gazebo, doing what is best for the community. The next item of unfinished business was the request of the Police Chief for a scooter to be used by the parking enforcement officer. A concern was expressed that if a used scooter is obtained it may collapse and next year another would have to be purchased. The consensus was that the purchase be allowed but that a B fund should be started to pay for a future replacement.! Also, that the parking enforcement would be expanded throughout the downtown and ferry areas. The other Police Department unfinished item was for an identification camera. Councilmember Palmer agreed with the need but saw it as a Personnel Department function. The consensus was to fund the entire $3,562 and put it in the Personnel budget, transferring the $1,750 from the Po- lice budget. Also, the Personnel Manager is to come up with a written policy for the use of the identification cards, i.e., whether issued to all employees, how they will be issued upon employ- ment and revoked when an employee leaves, will they be marked "City of Edmonds property," etc. Other items previously discussed and now agreed on were to carry over to the 1991 budgets the amounts for the heating and ventilation in the Community Services and Public Safety buildings, the Library plaza caps, and the purchase of chairs for the Anderson Center. The overtime and maintenance/repair requests from Community Services were also accepted. Regarding the Historical Society request, it was agreed to provide $2,500 from the Hotel/Motel tax, but Councilmember Palmer asked for a commitment to help them find additional space for stor- age of the artifacts. Regarding the Arts Commission request for a permanent part-time clerical position, it was noted that Linda McCrystal is no longer assigned to the Centennial activities and is back with the Arts Commission with 30% of her time. It was felt that the request for the clerical position should be denied at this time and that the entire issue of the amount of personnel for the Arts Commis- sion will have to be assessed. The meeting adjourned at approximately 10:15 p.m., and another meeting was scheduled for Thursday evening, December 20, 1990, in the Anderson Center, with the room number to be identified. The intent is to complete the budget review and pass an ordinance adopting the budget at that time because some Councilmembers will be out of town after that. ' THESE MINUTES ARE SUBJECT TO APPROVAL AT THE NEXT REGULARLY SCHEDULED COUNCIL MEETING. EDMONDS CITY COUNCIL MINUTES Page 4 December 18, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - f 0:00 P.M. DECEMBER 18, 199.0 ,A. . - -1- FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 4, 1990 (C) REPORT ON BIDS OPENED DECEMBER 11, 1990 FOR EDMONDS LIBRARY PLAZA METAL CAPS PROJECT, AND AWARD OF CONTRACT TO HEYSE CONSTRUCTION ($22,792.87, INCLUDING SALES TAX) (D) APPROVAL OF 1991 EQUIPMENT RENTAL RATES (E) PROPOSED RESOLUTION 710 EXTENDING CABLE TV FRANCHISE TO JANUARY 31, 1991 (F) PROPOSED RESOLUTION 711 COMMENDING STUDENT REPRESENTATIVE MEGAN RENQUIST (G) PROPOSED ORDINANCE 2807 AMENDING CITY CODE 7.30.070(C) TO DELETE REFERENCES TO DATE OF BIRTH FOR LOW INCOME CITIZENS UTILITY RATE REDUCTION (H)' ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ADB DECISION DENYING FINAL APPROVAL OF LANDSCAPE PLAN ON OFFICE BUILDING LOCATED AT 7416 212TH ST. S.W. (APPLICANT/APPELLANT: RICHARD GEMPERLE - FILE AP-26-90/ADB-43-90) (I) APPROVAL OF MEADOWDALE PLAYFIELD MAINTENANCE AND OPERATIONS AGREEMENT WITH CITY OF LYNNWOOD (J) PROPOSED ORDINANCE 2808 REGARDING SHARED LEAVE (K) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGE FROM MARISA SEBERS ($415.68) Z. AUDIENCE 3. PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE MEGAN RENQUIST 4. CWC-HDR MONTHLY REPORT 5. HEARING ON EDMONDS WAY BASIN STUDY (20 MINUTES) 6. PROPOSED ORDINANCE 2809 AMENDING 1990 BUDGET AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES 7. REVIEW OF NONREPRESENTED EMPLOYEES SALARY REPORT 8. CONTINUED WORK SESSION ON 1991 BUDGET 9. MAYOR 10. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE