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11/21/1989 City CouncilTHESE MINUTES SUBJECT TO DECEMBER 5, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES NOVEMBER 21, 1989 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 Bill Kasper, Council President Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember CONSENT AGENDA ABSENT STAFF Doug Merlino, Mary Lou Block, Planning Div. Mgr. Student Rep. Art Housler, Admin. Svc. Director Peter Hahn, Comm. Svc. Director Jack Weinz, Fire Chief Dan Prinz, Police Chief Gordy Hyde, Engineering Coord. Bobby Mills, Public Works Supt. Brent Hunter, Personnel Manager Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder COUNCILMEMBER NORDQUIST 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 (8) APPROVAL OF MINUTES OF NOVEMBER 6, 1989 (C) REPORT ON BIDS OPENED NOVEMBER 7, 1989 FOR REROOFING OF HUTT HOUSE, AND AWARD OF CONTRACT TO EDMONDS ROOFING ($6,020.63, INCLUDING SALES TAX) (D) AUTHORIZATION FOR MAYOR TO SIGN SR 104 RESTRIPING AGREEMENT GC-8797 WITH WASHINGTON STATE DEPT. OF TRANSPORTATION ($921.50) (E) PUNY AUTHORIZATION TO PROCEED WITH WRIGHT-SCHUCHART HARBOR COMPANY/MALCOLM DRILLING COMCLAIM - /�.,cJ (F) REPORT ON BIDS OPENED NOVEMBER 14, 1989 FOR ANDERSON CENTER BOILER REPLACEMENT, AND �' AWARD OF CONTRACT TO BOSLER ENERGY COMPANY ($32,286.10, INCLUDING SALES TAX) G xM &- G) AUTHORIZATION FOR MAYOR TO SIGN COASTAL ZONE MANAGEMENT CONTRACT #GF0090068 FOR BRACKETT'S LANDING BEACH ENHANCEMENT AND OTHER PROJECTS AUDIENCE Mayor Naughten opened the audience portion of the meeting. No public input was offered. Mayor Naughten closed the audience portion of the meeting. PRESENTATION OF AMERICAN HERO AWARD TO JOSH MILTON Mayor Naughten announced that Josh Milton was chosen as the Washington State award recipient in ZLIVI . the 1989 "G.I. Joe Search for Real American Heroes". The hero search, sponsored by Hasbro, Inc., �f�iro the world's largest toy company and makers of G.I. Joe, was conducted to"honor children (ages 5-12) throughout the country who have performed outstanding deeds since January 1, 1988. Mayor Naughten said Josh was chosen to receive the official G.I. Joe Medal of Commendation for organizing "Kids For Comic Relief", a fundraiser to benefit homeless families. Josh used Home Box Office's Comic Relief as a model for his program, which raised over $500 in cash and boxes of food and clothing. As a State award recipient, Josh is now eligible to become one of the pro- gram's ten national award recipients who will be selected next month. National award recipients will receive a three-day trip to Washington, D.C., where they will visit heroic and monumental sites and be honored at an awards ceremony attended by government dignitaries. Mayor Naughten said the "G.I. Joe Search For Real American Heroes" is based on the classic G.I. Joe hero action figure, which in 1989 is celebrating its 25th anniversary as one of America's best -loved toys. Mayor Naughten-presented Josh with the official Washington State G.I. Joe Medal of Commendation, sponsored by Hasbro, Inc. Councilmember Kasper stepped down from the dais and left the room because he owns property adja- cent to the subject site. Planning Division Manager Mary Lou Block reported that the Schroeders' three -lot subdivision was approved by Staff on August 31, 1989 subject to standard conditions, one of which was paving of the access road from 8th Avenue in an easterly direction up the hill to the remaining lots. The Schroeders appealed the paving requirement to the Hearing Examiner, who issued his decision on October 18, 1989, upholding the Staff decision. Ms. Block said the Engineering Division has required the minimal paving requirement in accordance with the City's street standards.. To reduce the paving below that which has been agreed upon would be contrary to the provisions of the Edmonds Community Development Code (ECDC) and inconsis- tent with standard subdivision requirements. Ms. Block said it is Staff's recommendation to uphold the Hearing Examiner's decision. Councilmember Jaech noted that the Council had received the following documents from Councilmem- ber Kasper: copies of handwritten memorandums dated 9-29-89 and 10-5-89 and a document regarding the appeal dated 11-21-89. City Clerk Jackie Parrett submitted copies of the documents to Mr. Schroeder. Ms. Block indicated the location of the subject site on a vicinity map. In response to a question by Councilmember Hertrich, Ms. Block said the westerly portion of the access road is relatively flat but slopes to approximately 20% at the eastern most portion. Councilmember Hertrich asked for what period of time the access road has been in use. Ms. Block said the Schroeders have used it for a number of years. Ms. Block submitted three photographs of the access road and 8th Ave. to the City Clerk (marked Exhibit #1). Councilmember Hertrich requested an explanation of the City's street standards. Engineering Coordinator Gordy Hyde said the City's street standards call for 16 feet of paving for both pub- lic and private roads when they serve 3 or 4 lots and require 12 feet of paving when they serve 1 or 2 lots. He said because 8th Avenue will serve 3 lots, it is required to be paved 16 feet, and the access road is required to be paved 12 feet because it will serve 2 lots. Councilmember Hertrich inquired about the type of road surface that is required. Mr. Hyde said the access road is required to have 2 inches of asphalt on top of 4 inches of crushed rock. Don Schroeder, 528 - 8th Avenue N., in response to Councilmember Kasper's grievance regarding noise emanating from the access road, said Councilmember Kasper's letter dated 9-29-89 is a delib- erate misstatement of facts. He said Councilmember Kasper's home is over 260 feet from the Schroeder driveway, and the area between the two homes was densely covered with trees and shrubs which acted as an effective noise barrier, until 18 months ago, when Councilmember Kasper sold that property to Homeland Homes. Mr. Schroder submitted two photographs to the City Clerk (marked Exhibit #2). Mr. Schroeder said even though a majority of the vegetation was removed from that property for development, enough vegetation remains to act as an effective barrier, as do the homes that were constructed on that property. In addition, he said the road was not graveled for the entire 20 years in which Councilmember Kasper states the noise has disrupted his home life so Mr. Schroeder said he does not understand how Councilmember Kasper could have heard cars traveling on the ac- cess road before it was graveled. EDMONDS CITY COUNCIL MINUTES Page 2 NOVEMBER 21, 1989 In response to Councilmember Kasper's letter dated 10-5-89 urging the City to require that Mr. Schroeder post a 5 year bond for the drive if it has to be repaired on replaced, Mr. Schroeder said it is none of Councilmember Kasper's concern how future property owners handle that situa- tion because he said Councilmember Kasper does not abut the drive. Mr. Schroeder felt the mainte- nance agreement that was required of him by the City was sufficient protection. Mr. Schroeder said Councilmember Kasper did not attend any of the meetings regarding this issue, and Mr. Schroeder thought the letters were ridiculous and a harassment. Mr. Schroeder submitted two additional photographs (in duplicate) to the City Clerk (marked Exhib- it #3) depicting the drive as it exists today in its natural state. Mr. Schroeder said he did not feel that drainage was an issue because drainage has always flowed from his driveway in a northerly direction. He did not think the onus of providing drainage for the entire area should be upon him simply because the City did not require Homeland Homes to provide for future drainage problems on the lot between the Schroeder and Kasper homes. Mr. Schroeder submitted another photograph (in duplicate) to the City Clerk (marked Exhibit #4) of a small lake that was created when the City blacktopped 20 feet of the easement off of 8th Avenue North. He used the lake as an example of what happens "when someone in the City follows the Code without thinking of the consequences". Mr. Schroeder said he has done everything possible to make the neighborhood as pleasing as possi- ble (removed overhead wires, paved the drive to 20 feet instead of the required 15 feet). Councilmember Jaech inquired if the access road is a public or private road. Mr. Schroeder re- plied private. Mayor Naughten opened the public portion of the hearing. At the request of Mayor Naughten, City Clerk Jackie Parrett read Councilmember Kasper's letter dated 11-21-89 into the record which stated, in essence, that he is the owner of adjacent lot 10. He said a problem has arisen because Mr. Schroeder changed his plans to pave his driveway from his garage to the end of 8th Avenue North. Mr. Kasper- stated that Mr. Schroeder's property has peat under the westerly 300+ feet, and the road is 2 to 4 feet of clay over peat and has no drainage pipes its entire length. He said gravel over clay is almost as impervious as asphalt and is a lot noisier. Councilmember Kasper said the neighbors to the north must be protected from drainage from the road surface. Joan Bloom, 600 - 8th Ave. N., said she was concerned about drainage and was unsure whether pav- ing the road will cause more problems or not because there was conflicting testimony at previous hearings. Ms. Bloom said a lot of traffic exists on 8t6 Avenue North even though it is posted as not a through street. She was concerned about an increase in traffic on the access road if it is paved. Katrina Beneker, 808 Aloha Pl., said she thought the access road is aesthetically pleasing as it exists, and noise is not a problem to her even though she lives adjacent to the road. Ms. Beneker said a drainage problem exists between her lot and the Bloom residence, which becomes more apparent in the winter months. She was concerned that the problem will worsen if the access road is paved. Ms. Beneker was also concerned about an increase in traffic if the access road is paved. Gerry Gardner, 814 Aloha Pl., said she and her husband do not hear any noise emanating from the access road at all. She said they enjoy the aesthetic quality of the road as it exists and would like it to remain that way. Mr. Schroeder speculated why Councilmember Kasper was disgruntled about the proposal not to pave the access road. He said Councilmember Kasper wanted to use Mr. Schroeder's driveway for a PUD easement, and Mr. Schroeder advised Councilmember Kasper, after he had procrastinated for a peri- od of time, to install the utility before he decided to pave the road because he said he would not dig up the asphalt after it was paved. Mr. Schroeder said Councilmember Kasper "coughed up the money" to install the utility and was irritated now because Mr. Schroeder has decided not to pave the road, if granted approval by the City. EDMONDS CITY COUNCIL MINUTES Page 3 NOVEMBER 21, 1989 Mr. Schroeder said the Code was written to develop the community to the highest quality possible, and he said he did not believe the Code should be cast in concrete; that it should be flexible so quality can be accomplished. Mr. Schroeder said he would like the access road to remain in its natural state until such time that the future owners of the subdivided lots decide to pave it. Mayor Naughten closed the public portion of the hearing. Councilmember Hall inquired about the correlation between runoff and a truly impervious surface as opposed to the impervious surface of the access road as it exists. Community Services Direc- tor Peter Hahn said a drainage plan is required if the road is paved to route the water to an existing system downstream. He said Chapter 18 of the ECDC requires pavement of a roadway for a certain number of units and no variation or exception to that chapter is provided for. Council - member Hall inquired if there is a difference between an impervious surface and the surface of the access road as it exists. Mr. Hyde said the runoff coefficient for a paved surface is .95 compared to .70 for an improved gravel road, noting that there is somewhat more permeability to a gravel surface than an asphalt surface. Mr. Hahn noted that the differential is 28%. In response to an earlier statement by Mr. Hahn regarding a variance to the street standards, City Attorney Scott Snyder noted that with respect to a subdivision if there is variance authori- ty, it is found in the subdivision chapter and requires that the Council make all findings for a subdivision modification that they would for a variance. He cited the criteria as follows: special circumstances relating to the size, shape, topography, or location of the property; spe- cial circumstances must not be based on a factor personal to the owner; the granting of a vari- ance must not be a special privilege to the property in comparison with limitations upon other properties in the vicinity with the same zoning; the variance would have to comply generally with the Comprehensive Plan and must be consistent with the zoning ordinance; the variance will not be significantly detrimental to the public health, safety, or welfare or be injurious to property or improvements in the vicinity and zone; and it is the minimum variance necessary to allow the owner the same rights enjoyed by other properties in the vicinity with the same zoning. Mayor Naughten inquired if the road would be required to be paved when lots 1 and 3 are developed if the Council granted a variance to the street standards. Mr. Hahn replied affirmatively, not- ing that a bond would be required for the total value of the improvements if thhy are deferred. He said the road adjacent to lots 1 and 2 would be required to be paved but only 20 feet of the road adjacent to lot 3 would be required to be paved. Councilmember Hertrich said although he liked the aesthetic quality of the access road as it exists at the present time, he did not feel the City could deviate from the street standards. Councilmember Jaech inquired if the Council could grant a variance to the street standards sub- ject to a condition that the lots not be developed until the road is paved and a bond is posted. Ms. Block replied affirmatively. She said a bond would be required to be posted or payment of a frozen account to cover the total cost of the improvements. Councilmember Dwyer said he would be more comfortable remanding the issue to the Hearing Examiner than the Council rendering a decision because the Hearing Examiner based his decision on an en- tirely different set of criteria than the Council would base its decision, i.e., the variance criteria as stated by Mr. Snyder. Councilmember Hall said she was having difficulty with the issue because she did not believe it meets all of the variance criteria nor is the proposal consistent with the zoning ordinance. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REMAND THE MATTER TO THE HEARING EXAMINER TO RENDER HIS DECISION APPLYING THE VARIANCE CRITERIA AS DESCRIBED BY THE CITY ATTOR- NEY. MOTION CARRIED. HEARING ON 1990 BUDGET Mayor Naughten opened the public portion of the hearing. Jeff Palmer, 17510 - 76th Ave. W., referred to page 96 of the preliminary budget, Garbage/Solid Waste #49, noting that the printing and mailing costs for cleanup coupons are not included in the following pages of the budget. Community Services Director Peter Hahn said the entire cost is included under that line item. EDMONDS CITY COUNCIL MINUTES Page 4 NOVEMBER 21, 1989 Mr. Palmer referred to page 133, Capital Improvement Program, a HUD Block grant of $107,000 in Fund 191. He noted that that fund only reflects a balance of $50,000. Planning Division Manager Mary Lou Block referred to page 122. She explained that there is a potential carryover of $43,000 from two projects that did not cost as much as anticipated, and there is $48,000 for handicapped parking improvements. Natalie Shippen, 1022 Euclid, referred to page 132 of the preliminary budget, sixth item from the bottom (323 Centennial Beautification Program) with a budgeted amount of $15,000 in the Capital Improvement budget. She said the fund itself (on page 124) only reflects $500. Mr. Hahn said the $15,000 is for beautification of the downtown area, i.e., continuation of the decorative lights on 5th Avenue South. He surmised that there was no reflection of those monies in the fund on page 124 because there is not any money in Fund 323 at the present time, and the funds would have to be transferred from another fund. Ms. Shippen inquired about the unanticipated projects for Fund 325, Capital Improvements, page 131, for $30,000. Mr. Hahn said $15,000 is proposed for the decorative lights from Main Street to Dayton Street. Ms. Shippen referred to Fund 115, Underground Wiring. She said she hoped the Council budgeted enough money to underground the remainder of Main Street from 3rd Avenue to the waterfront. She noted that the PUD confirmed the cost at $163,000. Mr. Hahn explained that the $163,000 is to place the distribution line on the south side of Main Street in an underground structure. He said to cut costs, Staff proposed to the PUD to relocate the distribution line from the south side of Main Street on poles in the alley, which will reduce costs by 66%, and underground the remaining wires. Ms. Shippen requested the Council to also consider undergrounding the wires on Railroad Avenue. Mayor Naughten closed the public portion of the hearing. FINAL DISCUSSION AND VOTE ON 1990 BUDGET Councilmember Kasper questioned the amount of overtime compensation that is proposed in the pre- liminary budget. Councilmember Dwyer suggested that the Council determine what amount of money is available in the 1990 budget before discussing the budget at length. He said this year is the first time that he was convinced that the budget could be approved without adopting the 106% property tax. He point- ed out that Edmonds flourished in the 1980's because of good planning and good fortune. He said the year is near end.with Edmonds being in a remarkably good financial position, and he thought the citizens would enjoy the benefit from not adopting the 106% property tax. • Councilmember Dwyer said it is time for the Council to decide where they want the focus of the budget to go by either not approving the 106% tax on a one year trial basis or by adopting the tax and deciding where the revenues will be allocated. He noted that the Mayor has presented the Council with a very good budget that could run the City soundly without the 106% property tax. * Councilmember Kasper said he was in favor of the 106% property tax because the three year budget reflects a revenue decrease in 1991 and 1992, and because the City has a responsibility to repair and maintain its streets. He recommended that the revenue from the 106% property tax ($183,000) be earmarked for roads. Councilmember Hertrich said he was not in favor of earmarking all of the revenue from the 106% property tax for roads because he was dissatisfied with the 1989 road improvement program, and he felt the Council should thoroughly review what the problems were with that program and how to spend the money properly. Councilmember Hall recommended that the attorney's fees be reduced for traffic court and by remov- ing the attorney from the bargaining table for labor negotiations and replacing him with the Personnel Manager. Mayor Naughten said the attorney's fees are proposed to be reduced by $15,000 for labor negotiations and $20,000 for traffic court. He said he and the Personnel Manager will submit a recommendation to the Council this week. Councilmember Wilson felt that $15,000 to $20,000 could be saved if the City contracted with a local law firm for traffic court rather than with the City Attorney's office. He believed the 106% property tax should be passed and the revenue earmarked for roads. Councilmember Wilson also believed $150,000 could be extracted from the budget and placed in the Council's budget. He said, "There is plenty of fat left in the budget and we haven't even touched it". He cautioned * See Council Minutes of December 5, 1989 EDMONDS CITY COUNCIL MINUTES Page 5 NOVEMBER 21, 1989 the Council about not passing the 106% property tax because he said there is not an overabundance of revenues. Councilmember Nordquist recommended: 1) that item #4 on page 2 of the memorandum from Council President Kasper ($20,000 for the telephone system) be included in the preliminary budget; 2) include funding for the City Clerk's office position and. Public Works position but not approve the request for the Building Department's position; 3) not include the Chamber of Commerce's request ($30,000). COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO NOT INCREASE THE RESIDENTIAL PROPERTY TAXES FOR 1990. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEM- BER JAECH, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER WILSON OPPOSED. COUNCILMEMBER WILSON MOVED TO INSTRUCT THE MAYOR TO PULL OUT OF THE BUDGET $250,000 AND PLACE IT IN THE COUNCIL CONTINGENCY FUND ALONG WITH THE $106,000. MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL FOR DISCUSSION, TO APPROVE THE POSITION IN THE PUBLIC WORKS DIVISION AND CITY CLERK'S OFFICE. Councilmember Wilson said he would agree with the motion if the position for the City Clerk's office enters at a grade 7. He said the higher grade is needed to keep the person and a lesser grade would defeat the purpose. COUNCILMEMBER NORDQUIST SAID HE WOULD REPHRASE THE MOTION TO STATE THAT MONIES BE INCLUDED FOR THAT POSITION UP TO A GRADE 7 BUT THE GRADE LEVEL BE DETERMINED AT A LATER TIME. COUNCILMEMBER DWYER SECONDED THE MOTION. AFTER DISCUSSION, COUNCILMEMBER NORDQUIST AGAIN CLARIFIED THAT THE MOTION WAS TO PROVIDE FOR THE POSSIBILITY, IF THEY DECIDE THEY WANT THAT POSITION, TO FUND UP TO GRADE 7. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED BECAUSE HE WANTED THE MOTION RESTAT- ED. The motion was restated but Councilmember Kasper did not change his vote. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER FOR DISCUSSION, NOT TO HIRE THE POSITION FOR THE BUILDING DEPARTMENT IN 1989. Community Services Director Peter Hahn requested an explanation of the motion because he said detailed information was provided to the Council to justify that position. Councilmember Nord- quist said he would write a memorandum the following day. Councilmember Jaech recommended that the $15,000 savings from attorney's fees for labor negotia- tions be deposited into the Council Contingency Fund for the Building Department position and the status of that position be determined at a later date. Councilmember Nordquist said he was willing to meet with the Mayor and Staff to discuss that position. COUNCILMEMBER NORDQUIST WITHDREW THE MOTION AND THE SECONDER AGREED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO PUT THE BUILDING DEPARTMENT POSI- TION ON HOLD AND NOT INCLUDE FUNDING FOR THAT PARTICULAR BUDGET LINE ITEM BUT PUT THE $15,000 SAVINGS FROM ATTORNEY'S FEES FOR LABOR NEGOTIATIONS INTO THE COUNCIL CONTINGENCY FUND AND EARMARK IT FOR THE POSITION UNTIL THE COUNCIL COMES TO A CONSENSUS ON IF THEY WANT TO FUND IT. MOTION CARRIED. Councilmember Dwyer pointed out that an additional $6,600 would be necessary to hire that posi- tion if approved at a future date. Mr. Hahn said the motion by Councilmember Nordquist saved $12,000, which was budgeted originally in the General Fund. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO TRANSFER $12,000 INTO THE COUNCIL CONTINGENCY FUND EARMARKING $6,600 FOR THE BUILDING DEPARTMENT POSITION IF THE COUNCIL DECIDES TO APPROVE THAT POSITION. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE FUNDING OF $15,000 FOR UNDERGROUNDING THE WIRES AND INSTALLING THE DECORATIVE STREET LIGHTS FROM 5TH AVENUE TO DAYTON STREET. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEMS 6, 7, AND 8 ON PAGE 2 OF COUNCILMEMBER KASPER'S MEMO, I.E., AN $8,000 REDUCTION IN SERVICE CHARGE FOR SNOCOM (PAGE 66); A $2,000 REDUCTION IN CZM FOR PROFESSIONAL SERVICES (PAGE 75;) AND AN $8,000 REDUCTION IN AMOUNT FOR THE TABLOID PRINTING (PAGE 84). MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 6 NOVEMBER 21, 1989 COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ELIMINATE THE $8,000 EXPENDITURE FOR CONSTRUCTION OF A BOOK DROP ON THE DAYTON STREET SIDE OF THE LIBRARY. MOTION CARRIED. * COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO ELIMINATE THE $8,900 FOR PSCOG MEMBERSHIP. Councilmember Hertrich said he would like the money to be placed in the Council Contingency Fund and earmarked while the Council discusses whether or not to renew the membership. COUNCILMEMBER KASPER SAID HE WOULD INCLUDE THAT PROVISO IN THE MOTION. MOTION FAILED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER HERTRICH IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON OP- POSED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ELIMINATE THE $8,900 FOR THE PSCOG MEMBERSHIP. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER HERTRICH OPPOSED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE A $40,000 CONTINGENCY FOR LEGAL FEES (PAGE 1, ITEM #5). MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REDUCE THE ATTORNEY FEES FOR TRAFFIC COURT BY $20,000. Councilmember Dwyer recommended that the Council budget $4,000 per calendar month and send RFP's at that rate for legal services for traffic court. COUNCILMEMBER NORDQUIST SAID HE WOULD AMEND THE MOTION TO THAT EFFECT. THE SECONDER. AGREED. MOTION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE $5,000 FOR THE UNIVERSI- TY OF WASHINGTON ARCHITECTURAL ANALYSIS OF THE WATERFRONT. MOTION CARRIED. COUNCILMEMBER WILSON MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, TO HAVE THE MAYOR GET ANOTHER $100,000. MOTION FAILED WITH COUNCILMEMBER HALL AND COUNCILMEMBER WILSON IN FAVOR; COUN- CILMEMBER KASPER, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH AND COUNCILMEM- BER NORDQUIST OPPOSED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH FOR DISCUSSION, TO APPROVE $4,000 TO PAY CITY COUNCILMEMBERS $50,PER MEETING FOR ASSIGNED BOARDS AND COMMITTEES. Councilmember Kasper said it is not necessary to include monies for that item because there is sufficient money in the Council's travel budget. There was general consensus that it could be done without adding money. COUNCILMEMBER NORDQUIST WITHDREW THE MOTION. The Council discussed the request by the Chamber of Commerce for $30,000. The question arose as to whether the request was to fund a staff person. In response to a question by Councilmember Hall, City Clerk Jackie Parrett noted that the Council minutes indicate that Mr. DeWar requested $30,00 for a paid staff person and office space. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO FUND THE CHAMBER OF COMMERCE'S REQUEST FOR $30,000 FROM THE MONIES THAT WERE SAVED IN THE BUDGET AND FROM THE COUNCIL CONTINGEN- CY FUND IF THERE WAS NOT ENOUGH. Councilmember Jaech said she would vote against the motion because the City already funds a num- ber of organizations the promote the City. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST OPPOSED. With respect to the request for $5,000 from the Historical Society, the Council requested more information. Mayor Naughten stated he had been contacted by the Historical Society with this request after the budget was balanced. He said they provide a public function and the request legally can be approved. He thought the funds should come from Tourism funds. Councilmember Hall wanted to know exactly what the City provides them. Mayor Naughten said the City provides * See Council Minutes of December 19, 1989 EDMONDS CITY COUNCIL MINUTES Page 7 NOVEMBER 21, 1989 the building, maintenance, and insurance. It was the consensus that more information was needed before the Council could act on this request. In response to a question by Councilmember Wilson, Administrative. -Services Director Art Housler noted that there is $601,000 in the Cash Reserves. ' COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROPRIATE $165,000 TO UNDER- GROUND THE WIRES FROM 3RD AVENUE TO SUNSET AND THE CITY LOAN THE MONEY TO ITSELF. Councilmember Kasper pointed out that an L.I.D. was established to underground the wires on 5th -Avenue. He questioned why one party would be charged for an undergrounding project and not anoth- er party. Councilmember Wilson said the project on 3rd to Sunset is an important project that has had more public acceptance and it would benefit the City. Mr. Housler corrected his earlier statement and noted that the 106% property tax was included in the Cash Reserves and because the tax was not passed, the actual balance in the Cash Reserves is $418,000 and not $601,000. * Councilmember Jaech pointed out the impact to the budget if the underground project was funded. Discussion ensued regarding the cash balances in the various funds from which the project would be funded. COUNCILMEMBER DWYER WITHDREW THE SECOND TO THE MOTION BECAUSE THE RESERVE BALANCE IS LESS THAN ONE-HALF OF WHAT HE THOUGHT IT WAS. MOTION FAILED FOR LACK OF A SECOND. Mr. Hahn clarified that the costs for the undergrounding project are rough estimates and could actually be higher than anticipated. He said a more accurate cost estimate will be available on December 1st. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO TRANSFER $12,880 FROM THE HO- TEL/MOTEL TAX FUND TO THE CENTENNIAL SO THERE IS A TOTAL OF A $100,000 CASH EXPENDITURE. HE CLARI- FIED THE MOTION TO SAY THE TOTAL OF CITY MONEY FOR 1989-90 WILL NOT BE MORE THAN $100,000. MO- TION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DISCUSS INSTALLATION OF THE DECORA- TIVE STREET LIGHTS DOWN MAIN STREET TO SR 104 ($45,000) ON DECEMBER 19, 1989. MOTION CARRIED. Councilmember Dwyer suggested that the City hire a lobbyist for the upcoming legislative session for the sole purpose of monitoring the Department of Transportation and any plans. they may have regarding the Edmonds ferry terminal. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ALLOCATE NO MORE THAN $2,000 INI- TIALLY FOR A LOBBYIST AND RESERVE ANOTHER $18,000, FOR A TOTAL OF $20,000, IN THE EVENT THAT THE CITY HAS TO TAKE FURTHER ACTION; TRANSFER THE $18,000 AT THE END OF THE SESSION TO THE COUNCIL CONTINGENCY FUND IF IT IS NOT EXPENDED. MOTION CARRIED. Councilmember Dwyer, Council President Kasper, and Mayor Naughten volunteered to serve on the committee to select a candidate for the lobbyist and to submit a recommendation to the Council. MAYOR Mayor Naughten asked that the Council discuss on December 19 the proposed University of Washing- ton Waterfront Study so the University can be notified; otherwise the window may be lost in their agenda for next year. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO DISCUSS THE WATERFRONT PLANNING STUDY ON DECEMBER 19, 1989. MOTION CARRIED. COUNCIL COUNCIL PRESIDENT KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE COUNCILMEMBER JAECH'S ABSENCES ON NOVEMBER 28, DECEMBER 5, AND DECEMBER 12, 1989. MOTION CARRIED. COUNCIL PRESIDENT KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO EXCUSE COUNCIL PRESIDENT KASPER's ABSENCES ON SEPTEMBER 28, NOVEMBER 28, AND DECEMBER 5, 1989. MOTION CARRIED. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO REOPEN THE MEETING. MOTION CARRIED. A Council President Kasper noted that the Mayor requested the Council to review his salary on Janu- f. ary 16, 1990. It was the consensus of the Council to schedule a discussion of that issue. * See Council Minutes of December 5, 1989 EDMONDS CITY COUNCIL MINUTES Page 8 NOVEMBER 21, 1989 Council President Kasper read a memorandum from the City Clerk suggesting that the January 3rd meeting be rescheduled to its original January 2nd date so that it can be held in the Library Plaza Room with a recording system that works properly because that will be a public hearing meeting. Her memo stated that at the last meeting held at the Senior Center nothing had record- ed. Ms. Parrett noted that the motion to change the date had been for the benefit of the Staff, but Staff she had spoken to did not feel inconvenienced to meet on January 2nd. COUNCIL PRESI- DENT KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RESCHEDULE THE JANUARY 3 MEETING TO JANU- ARY 2, 1990. MOTION CARRIED WITH COUNCILMEMBER HALL ABSTAINING BECAUSE SHE WILL NOT BE SERVING ON THE COUNCIL IN 1990. The Council discussed the proposal to compensate Councilmembers for attending assigned boards and committee meetings for which they do not already receive compensation. It was the consensus of the Council to discuss that issue in detail on December 19, 1989. Council President Kasper urged the Council to attend the Senate Transportation Committee meeting on December 11, 1989 at the Senior Center with regard to development of the ferry terminal. He ' said both the Mayor and he had been requested to provide a statement, but he felt it behooved the cam' Council to attend the meeting as a group. Council President Kasper said he recently spoke with the Chairman for the State Transportation Commission,.and he assured Council President Kasper that the Commission will meet with City offi- cials in the near future to discuss the future of the ferry terminal. Councilmember Hall said the Health Board has been having labor negotiations and they should be finalized in the next two weeks. She had conveyed the message that cities are not flush with cash and that should be kept in mind. Councilmember Hertrich requested Staff to provide the Council with ordinances of other local cities with respect to accessory dwelling units, as well as a memo from the Mayor and Police Chief regarding recent incidents regarding accessory dwelling units in Lake Ballinger. Council President Kasper said the subject of accessory dwelling units is on the December 27 agenda, and the recent incident in Lake Ballinger had nothing to do with accessory dwelling units, but was a civil action. Councilmember Hertrich still requested a memo. Councilmember Jaech pointed out that a manhole cover on Dayton Street near the treatment plant construction protrudes above the road surface and may cause damage to vehicles. Council President Kasper noted that the jog in the road on Dayton Street by the treatment plant is poorly lit, and he requested Staff to install reflective buttons or a temporary street light. Councilmember Dwyer referred to a memo from the City Attorney regarding a proposed review of the Municipal Court Judge position, He thought the review proposal should be dropped for now. City Attorney Scott Snyder stated that the Council is required, by law, to confirm the appointment of the Municipal Court Judge by December 1. He said even though the contract can be reviewed on a year-to-year basis for compensation, the term of the appointment is for four years by State stat- ute. He said if the Council decided.not to confirm the Mayor's appointment they had 30 days to replace the judge. He suggested that any further discussion be in Executive Session. The meeting adjourned at 10:15 p.m. THESE MINUTES ARE SUBJECT TO DECEMBER 5, 1989 APPROVAL. 2_Atv� 4 ACQULINE G. AARREET/T,City yhClerk � ARRY . NAUGHTEN, ayor EDMONDS CITY COUNCIL MINUTES Page 9 NOVEMBER 21, 1989 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. NOVEMBER 21, 1989 r. A I., .- 1.' CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 6, 1989 (C) REPORT ON BIDS OPENED NOVEMBER 7, 1989 FOR REROOFING OF HUTT HOUSE, AND AWARD OF CONTRACT TO EDMONDS ROOFING ($6,020.63, INCLUDING SALES TAX) (D) AUTHORIZATION FOR MAYOR TO SIGN SR 104 RESTRIPING AGREEMENT GC-8797 WITH WASHINGTON STATE DEPT. OF TRANSPORTATION-($921.50) (E) AUTHORIZATION TO PROCEED WITH WRIGHT-SCHUCHART HARBOR COMPANY/ MALCOLM DRILLING COMPANY CLAIM (F) REPORT ON BIDS OPENED NOVEMBER 14, 1989 FOR ANDERSON CENTER BOILER REPLACEMENT, AND AWARD OF CONTRACT TO BOILER ENERGY COMPANY ($32,286.10, INCLUDING SALES TAX) (G) AUTHORIZATION FOR MAYOR TO SIGN COASTAL ZONE MANAGEMENT CONTRACT #GF0090068 FOR BRACKETT'S LANDING BEACH ENHANCEMENT AND OTHER PROJECTS 2. AUDIENCE 3. PRESENTATION OF AMERICAN HERO AWARD TO.JOSH MILTON ( 5 MINUTES) 4. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING APPEAL OF (40 MINUTES) STAFF DECISION OF PAVING REQUIREMENT FOR PROPOSED 3-LOT SUBDIVISION AT 528 8TH AVE. N. (APPELLANTS/APPLICANTS: DONALD AND SHIRLEE SCHROEDER; FILE 5-16-89/AP-36-89) 5. HEARING ON 1990 BUDGET (15 MINUTES) 6. FINAL DISCUSSION AND VOTE ON 1990 BUDGET (90 MINUTES) 7. MAYOR 8. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE