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11/28/1989 City CouncilTHESE MINUTES SUBJECT TO DECEMBER 5, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES NOVEMBER 28, 1989 (WORK MEETING) 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 John Nordquist, Mayor Pro Tem Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jack Wilson, Councilmember Doug Merlino, Student Rep. ABSENT STAFF Larry Naughten, Mary Lou Block, Planning Div. Mgr. Mayor Bobby Mills, Public Works Supt. Bill Kasper, Bob Alberts, City Engineer Council Pres. Brent Hunter, Personnel Manager Jo -Anne Jaech, Art Housler, Admin. Svc. Director Councilmember Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Pro Tem Nordquist noted that Mayor Naughten, Council President Kasper, and Councilmember Jaech were in Atlanta, Georgia attending a National League of Cities meeting. The Council recessed to an Executive Session to discuss labor negotiations and to interview Hear- ing Examiner Pro Tem John Galt and reconvened at 8:42 p.m. Mayor Pro Tem Nordquist noted that the City Attorney did not feel his presence was necessary at the Council meeting, but he was at his office and could be contacted by telephone if the Council needed to confer with him. CONSENT AGENDA COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) AUTHORIZATION, TO SELL SURPLUS EQUIPMENT FROM OLD WASTEWATER TREATMENT PLANT TO CITY OF CENTRALIA CWC-HDR MONTHLY REPORT Bruce Wiley, CWC-HDR, Inc. reported that the contractor is working towards completing the raw 101 sewage pumping station by December 18, 1989. The pumps are installed. Construction of the influ- Pent sewers on Alder Street and Second Avenue are near completion. Mr. Wiley said the exterior walls are complete at the solids process building. Precast roof panels are in place throughout the building, primary clarifier number 3 and the raw sludge_pump- ing room. Concrete topping is in place on primary clarifier number 3. The contractor is prepar- ing to paint the interior of primary clarifier number 3. Mr. Wiley said a one yard utility piping was installed. The chlorine storage monorail and sup- port column are completed. Mr. Wiley said the contractor is concentrating his efforts on finishing all Phase I facilities, testing equipment, and piping systems and installation of electrical and control. Installation of the forty-eight inch effluent pipeline across SR 104 where it connects to the existing thirty- six inch effluent pipeline is scheduled for the end of November. Mr. Wiley noted that the contractor's claim for extra work regarding the installation of the Phase II shoring cutoff wall has been negotiated to $80,853. Mr. Wiley said the Notice to Proceed on the Edmonds wastewater meter stations project was issued on November 24, 1989. A pre -construction conference will be held on November 30, 1989. Mr. Wiley said construction on the new outfall pipeline is complete. The contractor had difficul- ty in connecting the new diffuser extension to the existing outfall pipeline. A good joint was made, and the final inspection of the outfall line was completed. Mr. Wiley said work for the outfall pipeline on Dayton Street is scheduled to start on December 1st and on December 8th for SR 104. Mr. Wiley noted that the meter station contract was awarded to Lakeview Construction. Work will commence the first part of the year, which will involve some excavation at Edmonds Way and Meridi- an. Councilmember Hall expressed concern about the interruption to the traffic flow because she said that roadway accesses the freeway and is frequently congested. She inquired if the work could be done at a time of day that would impact traffic the least. Dan Harmon, CWC-HDR, Inc. stated that the Washington State Department of Transportation has required the work to be done between the hours of 9 a.m. and 3 p.m. He noted that Lakeview Construction intends to plate the eastbound lanes during high -volume hours. Councilmember Hall suggested that a sign be erected saying, "Thank you for your patience" with the date that construction will be completed as a courtesy to motorists. City Engineer Bob Alberts noted that the subcontractor's claim will be submitted for the underwa- ter installation of the outfall pipe because the work took longer than anticipated, and a claim will be submitted for some of the soils exploration work. KIDS -TALK PRESENTATION Anne Gordon, World For Women, requested that the presentation be deferred to another date. She said the organization also works with the Task Force on the Homeless, and it is confusing for her to wear two hats at the same time. PRESENTATION BY SNOHOMISH COUNTY HUMAN SERVICES REGARDING 1989 TASK FORCE ON THE HOMELESS Kirby White, South County Association of Churches, expressed concern as a citizen that the City of Edmonds does not have a human services department. Mr. Kirby introduced Peter Van Mieghem, Snohomish County Human Services; Ed Petersen, Chairman of the Task Force On The Homeless; and Anne Gordon, World For Women. Mr. Mieghem reported that the Task Force On The Homeless in Snohomish County was created on Febru- ary 10, 1986. Since its inception, he said its main goal has been to recommend policies and programs to local, State, and federal governments and community organizations in order to address the problems of homelessness in Snohomish County and to work towards elimination of the problem. Despite efforts, Mr. Mieghem said the problem continues to grow. Mr. Mieghem said the Task Force has three main committees: the Family Committee, which addresses the problems of the homeless as it affects families; the Special Population Committee, which addresses problems of the homeless as it affects individuals that have problems with alcohol, drug abuse, mental illness, developmental disabilities, lack of job training, and victims of domestic violence and abandonment; and the Education Advocacy Committee, which has the task of creating an awareness of the issues facing the homeless and to work with the public and governmen- tal agencies towards resolving the issue. Councilmember Hall inquired if a majority of the homeless are refugees or are indigenous to South Snohomish County. Mr. Mieghem said a majority are indigenous to South Snohomish County. Councilmember Wilson inquired what becomes of families six or eight months later who have re- ceived assistance. Ms. Gordon said the number of homeless families has increased dramatically in Snohomish County over the last five years because low-income housing is becoming a scarcity. She noted that overall rental rates have increased approximately 17% over the past year and a half. Ms. Gordon said World For Women receives federal monies to place homeless families in a motel for 30 days only. She said a shelter facility would be less expensive than a motel but such a facil- ity is not available at the present time because local matching funds are required by the State in order to receive State funds. Ms. Gordon said approximately 77% of homeless families are women with children who have been abandoned and are unable to find employment that will support them. She said homeless parents receive job information, employment and financial assistance, are referred into job training programs, when possible, and are given a full range of services to procure an income that will support them. Mr. White said oftentimes families will move back into their cars after they have received assis- tance because they cannot find affordable housing. He said homeless families are increasing in number, but the public is not aware of them because they are invisible to the public at large. Ms. Gordon said approximately 80% of all families that were served two years ago were placed in low-income housing, but 80% of the families now have to be turned away because low-income housing is becoming increasingly difficult to find due to an increase in real estate values. EDMONDS CITY COUNCIL MINUTES Page 2 NOVEMBER 28, 1989 Councilmember Wilson inquired if a majority of the homeless are not employable because they are unskilled or untrained. Ms. Gordon said many of the homeless have had employment, but their income level was not high enough to keep up with rental increases. Councilmember Wilson inquired if local employers are willing to employ some of the homeless people. Ms. Gordon said there is no organized program in existence for local employers to place homeless people in jobs that will support them. In response to a question by Councilmember Wilson, Ms. Gordon said she believed that monies will become available to help the homeless as the public becomes aware of the prob- lem. She said the current status of federal funding is that it is only available if local match- ing funds are offered. Councilmember Dwyer inquired how the City of Edmonds can participate in solving the problem and how it can be accomplished. Mr. Petersen said the issue is being presented to elected officials throughout the County because the problem is growing expedientially and is no longer a housing problem but a housing crisis. He noted that the issue of housing ranked second to affordable health care on a recently completed needs assessment that was conducted by the County in which thirty areas of human needs was identified. Mr. Peterson said federal funds are available on a matching three to one local basis. He said the State has allocated $15,000,000 for the State Housing Trust Fund. He surmised that even more monies will become available in the future. Mr. Petersen reviewed a plan by which cities and the County can work towards eliminating homelessness as follows: 1) establish a County Housing Trust fund to be used as a local match to obtain State and federal dollars. Mr. Petersen noted that the County Council established an ordinance creating a housing trust fund, and the City of Everett has allocated $100,000 to that fund; 2) the Snohomish County Housing Partnership was recently formed in an effort to bring to- gether labor, United Way, the Board of Realtors, service agencies, corporations and local govern- ments. Mr. Petersen encouraged the City to appoint a representative to participate in that organ- ization; 3) request local cities to provide a process to expedite development of low-income hous- ing; 4) the City of Everett has created a human needs fund to target dollars and various critical issues; 5) churches in Portland, Oregon have implemented a program for homeless families to pro- vide shelter in the churches on an 8 p.m. to 8 a.m. basis. The churches also contact social services agencies to provide assistance to these families. Mr. Petersen said other churches will be approaching the cities in which they are located for approval to operate that program; 6) develop a housing preservation plan for low-income housing; 7) the County is proposing an $80 million levy to use as matching dollars for State and federal funding to meet the needs of the homeless. Mr. Petersen asked the City to support the initiative and place the levy on the ballot as part of a community plan. Ms. Gordon noted that three families were housed during the Boeing strike. She said the problem is not an outside or a transient problem;. it affects our own children who are unable to earn sufficient wages after high school or who did not graduate from high school. Ms. Gordon reported that the County housed 452 children in 1987, but that figure jumped to 960 in 1988. She said schools have reported an increase in homeless children that enter the schools. She said these children present special learning problems because the transient nature of their lives creates orientation and learning problems. Councilmember Hertrich inquired if it would be practical to use some of the federal, State and local monies to supplement a family's rent to prevent them from being evicted. Ms. Gordon said a percentage of federal monies are allowed to be used for that purpose. Councilmember Hertrich asked about the amount of monies that would be necessary to provide rental assistance in order to prevent eviction to families who cannot afford increasing rental fees. Ms. Gordon said the amount of money allocated by the federal government has decreased because it is sometimes based on the employment rate, which has decreased in the County. She said many communities have im- posed rent control in terms of the amount of rent increases that are allowed in a certain period of time. ANNUAL REPORT FROM HEARING EXAMINER JIM DRISCOLL Hearing Examiner Jim Driscoll said it seemed to him that 1989 was a year that presented fewer «�controversial issues than in past years. Mr. Driscoll reported that he heard 39 variances, 29 conditional use permits, 5 plats, 15 adminis- trative appeals, 3 shoreline permits, and 2 street amendments, for a total of 98 hearings in 1989 to date. He noted that he heard 74 hearings in 1988 and 68 hearings in 1987, which is a 25% increase in case load since 1987. EDMONDS CITY COUNCIL MINUTES Page 3 NOVEMBER 28, 1989 Councilmember Hall asked what the biggest use of conditional use permits was in 1989. Mr. Driscoll said the most common use during the past year has been for the excavation of over 500 cubic yards of earth material. Mr. Driscoll pointed out that the number of administrative appeals increased from 3 in 1988 to 15 in 1989 which, he said, can be attributed to a growing awareness of the appeal process by the community and because "people are becoming more jealous of their own territory" and want to pro- tect what they have. Mr. Driscoll said there have been no major projects that were submitted to him for review in 1989, and he reasoned that the City no longer has space available for larger developments because most of the City has been developed. Mr. Driscoll said the issue of hedges and fences, as they affect views, is a recurring topic of discussion in his proceedings. He said he believed the Code should be further defined in that area, noting that 21.30.020 defines fences and there is no specific mention of a hedge, but 21.40.020 defines hedges as a fence or boundary formed by a dense growth of shrubs or low trees with a height limit of 6 feet. Mr. Driscoll said the problem is created because there is no language in the Code defining a row of trees or a low tree. Mr. Driscoll said he was apprised that there has been movement to enact enforcement legislation with respect to zoning violations, and he said he strongly endorsed such action. He said he believed the zoning code is only as strong as its enforcement. In response to a question by Councilmember Hertrich, Mr. Driscoll said he is well aware that the definition section of the Code is lacking in many terms. He suggested that the City (specifical- ly the Planning Department) conduct a periodic review of the definitions in the Code rather than wait for him to point out a deficiency. Councilmember Wilson inquired how the City's Code compared with the codes of Lynnwood and Redmond in terms of Mr. Driscoll's ability to interpret it. Mr. Driscoll said the code in Redmond is very difficult to work with because the city has incorporated their code and comprehensive plan as one document. He said the City of Everett is in the process of drafting a new code. He said the Edmonds code is by far the easiest to work with of the three cities. Councilmember Wilson commended Mr. Driscoll on the job he is doing. Councilmember Hall said she has been told that Mr. Driscoll runs his meetings very well and that he is fair. 7�ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY Judge Conroy reported that the total filings in Municipal Court from January 1 to November 15, u 1989 is 6,518 and total revenue to date is. $566,028.29, of which the City receives $355,608.90. He noted that filings are lower in 1989 compared to the 1988 year-end figure of 8,364, partly because two officers who were on patrol are not on the force and because there has been transfer of personnel within the Police Department. Judge Conroy said the court has been in operation for 4 years. He said staff has been able to keep up with the case load and the court is running efficiently. He noted that the court employs 1 part-time judge and 4 clerks and has documented 8300 filings compared to South District. Court filings of 20,000, and it employes 3 full-time judges, pro tem judges, and approximately 20 clerks. Judge Conroy said the most important aspect of Municipal Court is the service it provides to the community. He said attorneys, City officials, and witnesses have stated that the court is very accessible to citizens. Judge Conroy said the court is flexible in scheduling court time and evening court is in session. He said because it is a City court, staff can afford to be more sensitive to City -related issues where State courts find them to be "nagging". Judge Conroy noted that the court continues to operate under budget every year. Judge Conroy said staff has contacted several collection agencies to collect outstanding monies that people refuse to pay. He said accounts receivables can be turned over to a collection agen- cy at no cost to the City and the charge would be passed onto the person owing the fine. Judge Conroy noted that all State courts turn over unpaid fines to collection agencies. Although Judge Conroy was unsure whether it would be in the best interest of the City to turn over accounts receivables to a collection agency, he said it is the most feasible means of pursuing outstanding EDMONDS CITY COUNCIL MINUTES Page 4 NOVEMBER 28, 1989 debts because their staff time would be utilized rather than City staff's time. He noted that the court sent out, as a prelude to contacting a collection agency, threatening letters to every- one who had not paid their fine and, as a result, 27% of the outstanding fines were paid. Judge Conroy said it is a pleasure to work with the _City and, in his opinion, his job was the best job in town. Judge Conroy said out of necessity, he is going to have to issue warrants for the arrest of peo- ple who do not appear in court or who break probation rules. He said in -custody court hearings will be conducted at the Lynnwood jail next year in conjunction with Lynnwood Municipal Court. Councilmember Hall said collection of fines must be enforced by the City. She questioned the validity of a fine if it is not collected. She said it is a great statement in the community to know that unpaid fines will be pursued and she, as a Councilmember, endorsed that policy. Councilmember Hertrich inquired if Judge Conroy felt the Code Enforcement Officer has effectively reduced the number of land use violations. Judge Conroy replied affirmatively. He pointed out that the newly hired officer is more consistent and stringent and will refer cases for prosecu- tion if people fail to comply with the Code. Judge Conroy said the Court clerks really enjoy working for the City and have a strong sense of belonging to the community and contributing to it. He said 90% of the success of the system was attributable to their efforts. CONFIRMATION OF REAPPOINTMENT OF MUNICIPAL COURT JUDGE STEPHEN CONROY AND AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR 1990 QAwMayor Pro Tem Nordquist reported that the Mayor is required by State law to appoint a municipal judge by December 1, 1989 for a four -tear term to begin January 1, 1990 and run through December 0 0 31, 1993. Mayor Pro Tem Nordquist noted that Mayor Naughten submitted his appointment of Stephen Conroy and requested the Council's confirmation of his appointment. He said the Mayor also requested approv- al to sign the contract for 1990, which increases the judge's salary from $45 per hour to $50 per hour. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO CONFIRM THE MAYOR'S APPOINTMENT OF STEPHEN CONROY FOR ANOTHER FOUR-YEAR TERM AND AUTHORIZE THE MAYOR TO SIGN THE CONTRACT FOR 1990. MOTION CARRIED. MAYOR Mayor Pro Tem Nordquist said Senator Nelson was concerned about the restrictive time limits for the December 11, 1989 meeting with the Senate Transportation Committee at the Senior Center. The Senator was hopeful that speakers would be as concise as possible in the interest of time. COUNCIL Councilmember Hall said 'the Health District met with the sanitation people and have settled the labor contract. Councilmember Hall noted that a 42 star historical flag is available for purchase by the City at $175. Councilmember Dwyer referred to the minutes of November 21, 1989 noting the following correc- tion: page 8, top part of the page where Councilmember Dwyer discussed the $601,000 cash re- serves and Administrative Services Director Art Housler noted that there is only $418,000 in cash reserves because his figure included the $183,000 from the property tax. Councilmember Dwyer requested that Mr. Housler's statement that approximately $200,000 in the reserve fund was not really in the reserve fund because it was advance cash that is used on property tax, be included in the.minutes so that the motion he made makes sense. Councilmember Dwyer requested Staff to make a recommendation to the Council with respect to the PUD conservation standards. The meeting adjourned at 9:37 p.m. THESE MINUTES ARE SUB �CT TO DECEMBER 5, 1989 APPROVAL. ` P ACQ LINE G. P RRETT, City Clerk IMONDS ORDQUIST, Tor Pro Tem CITY COUNCIL MINUTES Page 5 NOVEMBER 28, 1989 1. AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. NOVEMBER 28, 1989 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER FLAG SALUTE 1. EXECUTIVE SESSION - LABOR NEGOTIATIONS 2. EXECUTIVE SESSION - INTERVIEW HEARING EXAMINER JOHN GALT 3. CONSENT AGENDA (A) ROLL CALL (B) AUTHORIZATION TO SELL SURPLUS EQUIPMENT FROM OLD WASTEWATER TREATMENT PLANT TO CITY Of CENTRALIA 4. CWC-HDR MONTHLY REPORT 5. KIDS -TALK PRESENTATION 6. PRESENTATION BY SNOHOMISH COUNTY HUMAN SERVICES REGARDING 1989 TASK FORCE ON THE HOMELESS 7. ANNUAL REPORT FROM HEARING EXAMINER JIM DRISCOLL 8. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY 9. CONFIRMATION OF REAPPOINTMENT OF MUNICIPAL COURT JUDGE STEPHEN CONROY AND AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR 1990 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE (15 MINUTES) (15 MINUTES) (10 MINU---) (10 MINU ) (30 MINUTES) (20 MINUTES) (20 MINUTES) (10 MINUTES)