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12/19/1989 City CouncilTHESE MINUTES SUBJECT TO DECEMBER 27, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES DECEMBER 19, 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 Doug Merlino, Student Rept. STAFF Art Housler, Admin. Svc. Director Peter Hahn, Comm. Svc. Director Jack Weinz, Fire Chief Brent Hunter, Personnel Manager Bob Alberts, City Engineer Dan Prinz, Police Chief Duane Bowman, Asst. City Planner Bobby Mills, Public Works Supt. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DISCUSS PROPOSED ORDINANCE 2743 AMENDING 1989 BUDGET AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES (ITEM 6), PROPOSED ORDINANCE 2A4 LEVYING PROPERTY TAXES FOR 1990 (ITEM 7) AND FINAL CHANGES TO 1990 BUDGET AND PROPOSED ORDINANCE 2145 ADOPTING 1990 BUDGET (ITEM 8) FOLLOWING CONTINUED HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING REDUCTION OF SIDE YARD SETBACK AT 19129 OLYMPIC VIEW DRIVE (ITEM 3). MOTION CARRIED. CONSENT AGENDA Items (B), (G)s (J), and (K) were removed from the Consent Agenda. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL 041�r� (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LLOYD FINCH ($672.73), EDWARD C. CASPERS ($637.83), AND WENDY L. DISCHER ($85.15) (D) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION ON SPRINKLERS IN LANDSCAPING AT 430 - 3RD AVE. S. (ADB-66-89/AP-21-89/BJORN THUESEN) (E) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF 3. ARCHITECTURAL DESIGN BOARD DECISION ON LANDSCAPING REVISION FOR WOODLAKE TOWNHOUSES AT ' G 21003 - 83RD AVE. W. (ADB-99-89/AP-43-89/MYRTLE JACK) (F) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF ,t,�✓ ARCHITECTURAL DESIGN BOARD DECISION ON MODIFICATION TO BUILDING AT 528 PINE ST. (PINNED-MICHEL/ADB-79-86/AP-45-89) (H) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING ADB DECISION ON APPEAL OF PROPOSED TRIPLEX AT 222 DAYTON (PINNEO-MICHEL/PINKHAM ADB-71-89/AP-38-89) (I) APPROVAL OF 1990 EQUIPMENT RENTAL RATES (L) APPROVAL OF SELECTION OF R.W. BECK & ASSOCIATES FOR THE CITY'S NEXT STORM DRAINAGE BASIN STUDY AND AUTHORIZATION TO NEGOTIATE AN ENGINEERING AGREEMENT AND AN INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY ._e. (M) FINAL ACCEPTANCE OF WORK BY B & M CONTRACTORS ON THE AURORA TOYOTA SEWER PIPELINE _w xp�titti PROJECT AND SETTING THE 30 DAY RETAINAGE PERIOD APPROVAL OF MINUTES OF DECEMBER 5, 1989 AND DECEMBER 12, 1989 WORK SESSION [ITEM (B) ON THE CONSENT AGENDA Councilmember Kasper referred to a memorandum by the City Clerk noting the following correction: "Although the minutes of November 21, 1989 have been approved by the City Council, Councilmember Kasper has requested an additional correction. He was out of town when the minutes were approved. In the second paragraph of page 7, the motion states: 'COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO ELIMINATE THE $8,900 FOR PSCOG.MEMBERSHIP'. Councilmem- P5 G 0& ber Kasper's actual motion was '...TO LEAVE THE $8,900 FOR PSCOG MEMBERSHIP IN THE BUDGET'". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO INCLUDE THE AMENDMENT IN THE MINUTES. MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE DECEMBER 5, 1989 AND DECEMBER 12, 1989 MINUTES. MOTION CARRIED. ION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF HEARING EXAM- n 1 acu - V I D r%VL. n. � JknrtUwLn/ rio-o7/ Hr-ao-ay / L 1 I t19 k UI UN I ht LV14Jth I AUtNUAJ Councilmember Kasper said he removed item (G) because he stepped down from the dais when the Council had discussed the issue. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (G). MOTION CARRIED WITH COUNCILMEMBER KASPER ABSTAINING. AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH KROESEN'S, INC. FOR POLICE UNIFORMS [ITEM (J) ON THE CONSENT AGENLAI Councilmember Nordquist inquired how the bids were let. Police Chief Dan Prinz said bids were R� solicited from three companies and two of them responded. He said clothing samples were sent to the City to insure that a like quality would be provided. Councilmember Nordquist pointed out that there were discrepancies in the bid documents from Kroesen's and Blumenthals in that there are approximately ten items that are different. Chief Prinz said he thought Kroesen's and Blumenthals changed the bid document to reflect the inventory they had, and he said he requested them to sehd clothing samples for that reason. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (J). MOTION CARRIED. AUTHORIZATION TO PURCHASE A CHECK ENDORSING MACHINE FOR THE ACCOUNTING DIVISION [ITEM (K) ON THE CONSENT AGENDAJ Councilmember Nordquist inquired about the warranty. Administrative Services Director Art Housler said he believed there is a one-year warranty, and the company that sells the equipment also provides the service for it. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (K). MOTION CAR- RIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Kathy Turner, 7605 - 206th St. S.W., said she had additional information about the book drop request from the library and hoped the Council would consider it. It was the consensus of the Council to address that issue during the budget discussion. Lisa Hilfesta, 4321 - 240th St. S.E., Bothell, requested, on behalf of the South Snohomish County Historical -Society, funding for the design and implementation of a new permanent exhibit for the museum, which will commemorate Edmonds Centennial. It was the consensus of the Council to ad- dress that issue during the budget discussion. Mayor Naughten closed the audience portion of the meeting. CONTINUED HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING REDUCTION OF SIDE YARD SETBACK T 19129 LYMP C VIEW DR. (APPELLANTS: DON AND NN HER N PPL C NT: J SEPH B CS P-42- V- -8 (CONTINUED FROM N VEMB R Mayor Naughten noted that this matter was continued from the November 6, 1989 Council meeting to allow the Council to visit the subject property and to listen to the tapes from the Hearing Exam- iner meeting. EDMONDS CITY COUNCIL MINUTES Page 2 DECEMBER 19, 1989 Assistant City Planner Duane Bowman said he revised the plot plan of the subject property to reflect the appellants' property in relationship to the applicants' property. He said he mea- sured the distance from the appellants' house to the property line where the deck is located and it is approximately seventy feet. At the request of Councilmember Hertrich, Mr. Bowman pointed out the boundaries of the Bacso property on a vicinity map. He said the deck is 4 feet 8 inches from the south property line. Councilmember Hertrich inquired about the width of the access easement. Mr. Bowman said it is 20 feet wide. Councilmember Kasper inquired about the location of the hedge. Mr. Bowman said it appears to be located mostly on the Hermans' property. Joseph Bacso, 19129 Olympic View Dr., reminded the Council that the Hearing Examiner granted the variance because he concluded that the proposal satisfied all of the variance criteria. Mr. Bacso said the properties behind his home were developed after he and his family moved into their home, and their privacy was taken away. Mr. Bacso pointed out that Mr. Herman would have to go out of his way to see the Bacso home be- cause the Herman house is located on the southernmost portion of his property and there is dense foliage between the two properties. Mr. Bacso submitted written statements to the City Clerk from adjacent neighbors indicating no objection to the variance allowing the deck (marked Exhibits #1 and #2). Don Herman, 19211 Olympic View Dr., said building a structure without a building permit in the City is a gross misdemeanor that is punishable by a fine and/or a sentence. He pointed out that that issue has never been addressed. Mr. Herman refuted Mr. Bacso's statement about the development of adjacent properties after he moved into his home. Mr. Herman said he spoke with the seller of those properties who told him that the buyer had commenced development before Mr. Bacso bought his home. Mr. Herman said Mr. Bacso built the deck in question to allow his wife and daughter to sunbathe with privacy, but he said that seemed like a shallow reason to allow someone to deviate from the provisions of the Code. Mr. Herman said although his home is seventy feet away from the deck in question, his usable yard space is 4 feet 2 inches away from the deck, which deprives him of his privacy. Mr. Herman said he would like the character of the neighborhood maintained in accordance with the provisions of the Code. He requested the Council to deny the variance. Mayor Naughten opened up the public portion of the hearing. Fred Graham, 19316 Olympic View Dr., said although he has no vested interest in the issue before the Council, he was against allowing an encroachment to the required setbacks. He believed that setbacks are one of the few ways to prevent overdevelopment of a parcel. Cordelia Bacso, 19129 Olympic View. Dr., responded to Mrs. Herman's appeal of November 6, 1989. She said her statements were incorrect because of the following reasons: 1) the Bacso's were not aware that a permit was necessary to build the deck in question, but they applied for one as soon as they were informed to do so; 2) there were trees on the adjacent properties when the Bacso's moved in to their home and the adjacent homes were not under construction yet; 3) Mrs. Herman's contention• that the Bacso's have not complied with the Hearing Examiner's standards is invalid because they have pictures to prove that the vegetation below the deck has not been removed; 4) Mrs. Herman should not have sold part of her property if she was concerned about devaluation to her property; 5) the adjacent property owners have not been deprived of privacy because there are trees surrounding their properties. The Herman's had privacy until they sold a portion of their property. The Herman's do have privacy from the Bacso property. because there are bushes and trees screening the two properties; 6) the deck on the Bacso property facing Olympic View Drive provides no privacy and is too hot to enjoy in the summer; 7) Mrs. Herman has not trimmed the bushes and trees between the two properties since she sold a portion of her property. Ms. Bacso conluded that Mrs. Herman has no real reason to appeal the granting of the variance. Mayor Naughten closed the public portion of the hearing. EDMONDS CITY COUNCIL MINUTES Page 3 DECEMBER 19, 1989 In response to Councilmember Dwyer, Mr. Bowman clarified that the deck encroaches into the set- back by 5 feet 4 inches which leaves a 4 foot 8 inch setback. Councilmember Hertrich inquired about the required lot width in an RS-12 zone. Mr. Bowman said it is 80 feet. Councilmember Hall inquired what steps were taken to alert the Bacso's that they were in viola- tion of the Code. Mr. Bowman said when a violation occurs, the people are requested to bring the violation into compliance with the Code or to remove it. Mr. Bowman said the Bacso's immediately filed an application for a building permit when Staff informed them of the violation, and they also applied for a variance when they were notified that the deck encroached into the required setback. He said the City does not take an aggressive stance when someone is going through the administrative process to comply with the Code. He said, however, the City can double their permit fees and site them for a violation of the Code. City Attorney Scott Snyder said the City does not refer a violation of the Code to the City Attor- ney's office unless a commercial developer violates the Code for a commercial advantage or unless a health or safety situation exists which has a potential to harm someone's life. In response to Councilmember Kasper, Mr. Bowman said he believed Mr. Bacso removed the trees in his backyard to provide a better view for one of his neighbors. Councilmember Hertrich pointed out that width of the Bacso property deviates from the normal standard in an RS-12 zone. At the request of Councilmember Hertrich, Mr. Snyder reviewed section 20.80-010 (A) and (B) as follows: "(A) - Special Circumstances - Because of special circumstances relating to the proper- ty, the strict enforcement of the zoning ordinance would deprive the owner of use, rights and privileges permitted to other properties in the vicinity with the same zoning. Special circum- stances include size, shape, topography, location of surrounding property, public necessity as in public structures and use as set forth in section 17.00.030 and environmental factors such as vegetation, streams, ponds and wildlife habitats. "Special circumstances should not be predicated upon any factor personal to the owner such as age or disability, extra expense which may be necessary to comply with the zoning ordinance, the ability to secure a scenic view, the ability to make a more profitable use of the property, or any factor resulting from the action of the owner or any past owner of the property. "(B) - A Special Privilege - The approval of the variance should not be the grant of a special privilege to the property in comparison with the limitations upon other properties in the vicini- ty with the same zoning". Councilmember Hertrich inquired if lot width is a special circumstance. Mr. Snyder said lot width is a difficult factor but generally, under the law, lot width is considered to be an action of a prior owner. Councilmember Jaech felt the granting of the variance would be the grant of a special privilege because other alternatives exist to build a deck. Councilmember Kasper said parcels A and B are at a higher elevation than the subject property and screening would not provide any privacy unless it was really high. He said it seems reasonable to consider a variance because the only privacy to the Bacso home is on the south elevation. Councilmember Hertrich said the irregular width of the lot in question would not be considered to be a special circumstance predicated upon any factor resulting from the action of a past owner if it was created to provide access to the other lots because of the topography. He said because of the contours of the lot in question, there is only a limited area to build a deck with any priva- cy. He said although the deck in question encroaches into the setback, it is only an arm's length compared to the 70 feet between the deck and the Hermans' house. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO UPHOLD THE HEARING EXAMINER'S DECISION BASED UPON THE FACT THAT THE PRESENT OWNER HAS A HARDSHIP SITUATION CREATED PRIOR TO HIM. Councilmember Jaech said she would vote against the motion because Mr. Bacso was aware of the limitations of his property at the time he purchased it and because there are alternatives to build a deck at another location. EDMONDS CITY COUNCIL MINUTES Page 4 DECEMBER 19, 1989 A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, COUN- CILMEMBER HERTRICH AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER HALL, COUNCILMEMBER JAECH AND COUNCILMEMBER WILSON OPPOSED. Mayor Naughten recognized Senator Gary Nelson in the audience. PROPOSED ORDINANCE 2Y43 AMENDING 1989 BUDGET AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDI- TURES 1yg q City Attorney Scott Snyder noted that previous actions taken by the City Council transferred monies from various funds to other funds, which increased the expenditures and requires the 1989 budget to be amended. He said State law requires that an ordinance be adopted whenever money is transferred from one fund to another. He said it has been a practice to consolidate these ac- tions into a mid -year ordinance and a year-end ordinance instead of adopting an ordinance each time the City Council takes action. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ORDINANCE 21*3. MOTION CARRIED. PROPOSED ORDINANCE 2A44 LEVYING PROPERTY TAXES FOR 1990 According to the Snohomish County Assessor's Office, a tax levy ordinance must be adopted by December 19, 1989 in order for their office to levy the tax. Included in the Council packet was / q 4 a proposed ordinance without the 106% (Exhibit I) and a proposed ordinance with the 106% (Exhibit COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADOPT ORDINANCE 2144 WITHOUT THE 106% (EXHIBIT I). Councilmember Hall thought it would be wise to adopt the 106% property tax because the City is in a good financial position at the present time. She noted that the City has expended $800,000 for the Meadowdale Playfield and the citizens do not directly see the benefit of that other than the children and adults who use the park. She said per capita, that was a large chunk out of the budget. Councilmember Hall said it would be wise to give the citizens a boost at a time when the City does have revenues: She said she would vote against the motion for that reason. Councilmember Wilson urged the Council to reconsider adopting the 106%. He said there is an embarassingly long list of projects that the City should accomplish, and it could use the money generated from the 106% to do those things. He said Edmonds is a' -not a poor community, and the citizens look to the Council to improve the City and quality of life. Councilmember Hall suggested, as a compromise, that $100,000 of the monies generated from the 106% be earmarked for undergrounding of street lights and that $80,000 be earmarked for road improvements. Councilmember Kasper concurred. Councilmember Kasper said he sent a letter to the Council and would not read it into the record it if was included as part of the minutes. He said the Council has not expressed their reasons to not assess the 106% and requested an explanation. Councilmember Jaech there are many elderly citizens in Edmonds who cannot afford the 106% assessment. She said she wanted them to be able to afford to stay in their own homes. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER HALL AND COUNCILMEMBER WILSON OPPOSED. FINAL CHANGES TO 1990 BUDGET AND PROPOSED ORDINANCE 2145 ADOPTING 1990 BUDGET IR�Councilmember Hall said she has reconsidered her previous vote for a lobbyist and was now against hiring one because it was evident to her after she attended the Legislative Transportation Commit- tee hearing that the City does not have a firm stand nor direction regarding the ferry terminal. She noted that the charge of a lobbyist is to go to the legislature and convey the City's posi- tion. Councilmember Hall suggested that the Mayor and perhaps Councilmembers and legislators keep the Council informed of any pending action. She said citizens have expressed opposition to a lobbyist. In addition, she said the Council has not seen the job classification or an RFP for a lobbyist yet. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, NOT TO FUND THE LOBBYIST POSITION AND THAT THE $20,000 GO TO THE COUNCIL CONTINGENCY FUND. EDMONDS CITY COUNCIL MINUTES Page 5 DECEMBER 19, 1989 Councilmember Wilson said if the Council can reduce the City's revenue base by $183,000 (the 106% property tax), which it can ill afford, then it can ill afford to earmark $20,000 for a lobby- ist. He said he personally felt the legislators are very effective in looking after the City's interest and, additionally, the Mayor has done a good job of lobbying for the City in the past. Councilmember Hertrich said it is the general consensus of the citizenry not to build a wider ferry dock, and he felt a lobbyist would protect the interest of the City better than anyone else. He said he did not want to depend on legislators or the Mayor to convey the citizens' interest to the legislature. Councilmember Dwyer said legislators in Olympic have a wide variety of things that happen at any one time and a wide variety of influence. He said he viewed the duty of a lobbyist as monitoring discussions in Olympia to insure that the legislators protect the City's interest. He said it is very unrealistic to expect the Mayor to do the job of a lobbyist because things happen too quick- ly in Olympia and because he cannot be in Olympia waiting idly while the legislature debates an issue. Councilmember Dwyer said any entity or person who hires a lobbyist is represented in some capacity by people who are elected to be in Olympia but, nevertheless, they perceive themselves as having unique problems which require someone with expertise to bulldog that issue. Councilmem- ber Dwyer said the City has a unique problem, and an intelligent approach to that problem would be to hire someone with expertise to go to Olympia and work with the legislators. Councilmember Dwyer said there was no question in his mind when he read an article in the Herald that the State is going to purchase jumbo ferries that a few years from now an expanded ferry terminal will be constructed in Edmonds if the City does not take a firm position. Natalie Shippen, 1022 Euclid, raised a point of order. She noted that the points raised by the Council were not raised during the budget hearing. She inquired if the public would have an opportunity to comment on those points. A lengthy discussion ensued regarding the pros and cons of hiring a lobbyist. 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. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO HOLD A PUBLIC HEARING ON THE ISSUE TO ALLOW THOSE PEOPLE WHO DID NOT TESTIFY AT THE PREVIOUS HEARING TO PROVIDE INPUT. MOTION CARRIED. The hearing was scheduled on January 2, 1990. �p(f City Attorney Scott Snyder said he received information from the Puget Sound Council of Govern- ments(PSCOG) which indicates that the City Council passed a resolution in 1969 in which it re- quested to associate with PSCOG and agreed to abide by the bylaws and articles of PSCOG. In 1977, PSCOG circulated an interlocal agreement, which the City did not pass or take part in. Mr. Snyder noted that there are two classes of members of PSCOG: regular members and associate members. He stated that associate members are members who are not a party to the interlocal agreement. He concluded that the City is an associate member because it asked to "associate" with PSCOG in its initial resolution and never signed the interlocal agreement. Mr. Snyder said both classes of membership are required to give notice to withdraw from PSCOG by April 1st of each year. He noted that that section of the bylaws provides, "Not withstanding any other provision of these bylaws to the contrary, associate members shall be assessed such sums as to which the Executive Board and the associate member shall agree from time to time". Mr. Snyder said although he did not think the City can withdraw its membership from PSCOG until April of 1990, it was his opinion from reviewing the documentation provided by PSCOG that the City has a strong legal basis to refuse to pay any assessment to which it did not agree for the year 1990. Mr. Snyder suggested that the Council outline their objections in a letter authorized by the Council from the Mayor to PSCOG if they do not wish to pay the 1990 assessment and ask PSCOG if there is some other documentation that the City has not been provided. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO GO ALONG WITH THE CITY ATTORNEY'S SUGGESTION AND REQUEST HIM TO WRITE A LETTER TO PSCOG TO SEE IF THERE IS ANYTHING MISSING THAT THEY HAVE NEGLECTED TO SEND TO THE CITY, AND AT THIS TIME THE CITY DOES NOT APPROVE ANY FUNDING FOR ITS ASSOCIATE MEMBERSHIP IN PSCOG. Councilmember Kasper corrected a previous statement he made and noted that PSCOG expires in June of 1991, and the new organization will be established by the end of 1991. EDMONDS CITY COUNCIL MINUTES Page 6 DECEMBER 19, 1989 MOTION CARRIED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER HERTRICH OPPOSED. Regarding the library book drop, Kathy Turner said the Library Board has requested $8,000 to build a new book drop at the library. She said a good portion of the existing book drop is dead air space. Ms. Turner said there are two carts inside the door, which hold approximately 258 books apiece. For some reason, most people 'deposit books in the right cart and it fills up fast- er than the left side and books spill out into the space between the carts. Ms. Turner said she has thought about paying staff to come in in the morning on days that the book drop fills up faster than usual. She suspected that the same situation would occur if there were a book drop on the Dayton Street side of the library. Councilmember Nordquist inquired if the existing book drop can be redesigned. Ms. Turner said she did not think so. She was hoping to purchase a metal bin built by Kingsley Library Equipment to surround the carts which, she said, holds the same amount of books as the carts do but costs far less than it would to build another tower. Councilmember Hertrich suggested that the City's janitor help the library from time to time to see if that eliminates the problem. Ms. Turner was amenable to that suggestion if the City was willing to allocate part of the janitor's time to that function. Ms. Turner anticipated that the problem will worsen in the future because the library will be adding 125,000 new books over the next five years. Councilmember Nordquist suggested that the existing book drop be improved and that the request for a new book drop be submitted to the Council for the 1991 budget and, in the meantime, blue- prints be drawn up. Councilmember Hertrich requested Staff to pursue the feasibility of allocating some of the City janitor's time to help the library. Administrative Services Director Art Housler noted that $3,000 should be included in the 1990 budget to repair or restructure the book drop. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO INCLUDE $3,000 FROM THE CASH CARRYOVER BALANCE IN THE 1990 BUDGET TO REPAIR THE EXISTING BOOK DROP. MOTION CARRIED. Lisa Hilfesta, representing the South Snohomish County Historical Society, requested $5,000 to aid the Society in the implementation of an exhibition at the museum. She said the exhibits have remained the same at the museum for approximately 16 years. Ms. Hilsfesta said the Board has a strong commitment to make the exhibition a professional instal- lation in keeping with the current museum exhibition standards and practices. Ms. Hilfesta said the Board feels the exhibition will benefit the community because it will commemorate Edmonds Centennial and it will attract tourists. Councilmember Hertrich thought the $5,000 should emanate from the monies that the City allocated to the Centennial Committee because the exhibit is designed to commemorate the Centennial. Mayor Naughten did not think it would be appropriate to manipulate the Committee's budget after it has been approved. Councilmember Hall suggested that the City split the cost equally with the Centennial Committee. Councilmember Kasper noted that $7,500 was allocated to the Centennial budget for labor costs that has not been expended because Arts Coordinator Linda McCrystal has done the work. He sug- gested that $5,000 of those monies be transferred to another fund for the exhibit. Councilmember Wilson said he was in favor of the City funding the exhibit because it will enhance the quality of life in Edmonds. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO INCREASE THE CENTENNIAL BUDG- ET BY $5,000 AND EARMARK THOSE MONIES FOR THE SOUTH SNOHOMISH COUNTY HISTORICAL SOCIETY. COUNCILMEMBER KASPER MOVED TO AMEND THE MOTION, SECONDED BY COUNCILMEMBER HALL FOR DISCUSSION, TO PROVIDE THAT THE FUNDS ARE FULLY EXPENDED IN THE $100,000 THEY HAVE ALLOCATED. HE SAID THERE IS STILL $7,500 THERE THAT THEY HAD REPLACED WITH THE SERVICES OF LINDA McCRYSTAL. Because Councilmember Dwyer said he would be more comfortable ascertaining if there is still $7,500 remaining in the Centennial budget, COUNCILMEMBER NORDQUIST WITHDREW THE MOTION. EDMONDS CITY COUNCIL MINUTES Page 7 DECEMBER 19, 1989 COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO TRANSFER $50,000 FROM THE COUN- CIL CONTINGENCY FUND TO THE WATER/SEWER CONSTRUCTION FUND FOR AN EARNEST MONEY AGREEMENT FOR THE ACQUISITION OF PROPERTY. MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT ORDINANCE 2745 ADOPTING THE 1990 BUDGET WITH THE AMENDMENTS MADE THIS EVENING. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH AND COUNCILMEMBER NORDQUIST IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER HALL AND COUNCILMEMBER WILSON IN OPPOSITION. The meeting recessed at 9:12 p.m. and reconvened at 9:22 p.m. DISCUSSION REGARDING VACANT POSITION IN CITY CLERK'S OFFICE Wa,e-.� COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE POSITION IN ACCORDANCE P,&4X'4- WITH THE RECOMMENDATIONS. Because Councilmember Dwyer said he did not think the Council had reached a consensus at the p Saturday budget work meeting, Personnel Manager Brent Hunter explained that the Council had dis- cussed: 1) changing the grade from NE-4 to NE-7; 2) making the position full time to the City Clerk (eliminate the floater for the Mayor's and Personnel's offices); and 3) changing the title to Administrative Secretary. Councilmember Hertrich said he would only agree to upgrade the position if the employee took the Council minutes. Councilmember Hall recalled that the Council had discussed the capability for the employee to take the minutes as a back up to the Council and Boards and Commissions. Administrative Services Director Art Housler said it was the consensus of the Council at Saturday's budget work meeting to approve the position and funding; that the position would not be a floater but the pay grade and title would be decided at a later date. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO AMEND THE MO- TION TO INCLUDE THE GRADE NE-7 WITH AN ADMINISTRATIVE SECRETARY TITLE. Councilmember Nordquist said the Council agreed on Saturday that the position would not automati- cally succeed to the City Clerk's position after she retires. Councilmember Kasper said the employee would be classified as an Administrative Secretary for that reason. City Clerk Jackie Parrett said if the person hired for the position also takes the minutes, he or she will not be capable of fulfilling all of the duties in the City Clerk's office because the Council minutes take approximately twenty hours a week to prepare. Councilmember Hall and Nordquist concurred that the person hired for the position should have the capability to take minutes. COUNCILMEMBER KASPER SAID HE WOULD AMEND THE MOTION TO REQUIRE THE PERSON TO HAVE THE CAPABILITY TO TAKE MINUTES. COUNCILMEMBER HERTRICH SECONDED THE AMENDMENT FOR DISCUSSION. Councilmember Dwyer said he agreed that the position should be full time, but he was not con- vinced that it should be at a level as high as an NE-7. He thought the stability problem for that position could be resolved by hiring a full-time person who reports to only one person rath- er than being a floater. Councilmember Hall said she would even consider a pay grade level as high as an NE-9 in order to accomplish what is needed in the City Clerk's office over the years. Councilmember Wilson said any intelligent person would not stay in that position if the pay grade level was NE-4 and a promotion became available in the City. Mayor Naughten said the intent of hiring at an NE-7 level is to provide continuity in the City Clerk's office. He said people who have filled that position in the past have applied for a promotion when it became available. Ms. Parrett said there are a number of tasks on the existing job description that she continues to do, but her intent is to train the next person to fulfill those duties. She pointed out that the position remained at an NE-4 level even when all of the other secretaries were promoted to an NE-7. Ms. Parrett said the Council is asking for a high caliber person at a lower grade level. ' EDMONDS CITY COUNCIL MINUTES Page 8 DECEMBER 19, 1989 Councilmember Jaech disagreed with the rationale of eliminating all entry level positions in the City because people do not stay in the position they were hired when a promotion is available. She said entry level positions exist for the express purpose of training employees to enable them to move up the pay grade. Councilmember Jaech said she was in favor of hiring the position as full-time at a grade NE-4 and then adjust the position and restructure it if necessary. Ms. Parrett said the Personnel Manager rated the position at an NE-5 level when it was first created, but the Council classified it an NE-4 so the person would have some initiative to work for promotions. THE AMENDED MOTION FAILED WITH COUNCILMEMBER HALL, COUNCILMEMBER KASPER, AND COUNCILMEMBER HERTRICH IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST AND COUNCIL - MEMBER WILSON OPPOSED. THE MAIN MOTION FAILED WITH COUNCILMEMBER WILSON AND COUNCILMEMBER HALL IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NORD- QUIST OPPOSED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ESTABLISH A FULL-TIME CLERK'S POSITION AT AN NE-5 LEVEL. Councilmember Hall inquired about the duties that that level would entail. Councilmember Hertrich said the duties would include those listed in the proposed job description. Mr. Hunter said it would not be appropriate to require the position to take minutes at an NE-5 level because other positions in the City with those skills are classified at NE-7. Councilmember Dwyer suggested that the Council ascertain what skills would be commensurate with an NE-5 level. COUNCILMEMBER HERTRICH WITHDREW THE MOTION. As a procedural. matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER DWYER MOVED, SECONDED -BY COUNCILMEMBER HALL, TO EXTEND THE MEETING. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO HIRE THE POSITION AS AN ADMIN- ISTRATIVE SECRETARY WHO REPORTS TO THE CITY CLERK AT AN NE-6 LEVEL AND LEAVE THE REST OF THE JOB DESCRIPTION AS IS. MOTION FAILED WITH COUNCILMEMBER NORDQUIST AND COUNCILMEMBER KASPER IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH AND COUNCIL - MEMBER WILSON OPPOSED. The matter was scheduled for final discussion at next week's Council meeting. CONCLUSION OF DISCUSSIONS ON EXEMPT PERSONNEL SALARIES 10�Personnel Manager Brent Hunter said all aspects of the exempt employee salary plan have been approved by the Council except for the salary ranges. Mr. Hunter said he surveyed seven marketplace cities and found that they had raised their manage- ment salary ranges by an average of 4% during 1989, and he recommended that the City raise its exempt employee ranges by that amount for 1990. Mr. Hunter said Mayor Naughten has recommended a retroactive pay proposal. Because of the late- ness of the year, the Mayor would like to propose a lump sum retroactive payment to those employ- ees who have been topped out in their salary ranges. Mr. Hunter said the one-time lump sum pay- ment has the advantage of not carrying over and impacting next year's budget or salary ranges. He reminded the Council that Staff costed out the retroactive implementation earlier in the year and informed them that it would cost $14,360. Because these employees have all been equally topped out for some time, he recommended that the City not use the employees' anniversary date for computation purposes but instead have all the retroactive payments equally based upon a six month period. This would provide average payment amounts in a range of $414 to $754. Mr. Hunter said the Mayor plans to implement the new performance pay plan for the Directors and Managers, effective January 1, 1990. Their pay increase of 7% has been placed in the salary pool and will be allocated to them on the basis of their job performance. Mr. Hunter said the remaining non -represented employees, the Supervisors and Profession- al/Technical staff, will receive a 4% COLA on January 1st. In addition, an amount equal to 3% of EDMONDS CITY COUNCIL MINUTES Page 9 DECEMBER 19, 1989 the non -represented employees' salaries has also been placed in the salary pool and will be used to pay for their performance pay increases when they become eligible on their anniversary dates. They will continue to receive a performance pay increase of 0% to 4% in addition to their COLA each year until they reach the top of their salary range. Mr. Hunter said funding for the salary pool to cover the performance pay costs is set at $70,000 for 1990. Councilmember Wilson recalled discussing at the last committee meeting only a 4% performance pool for Directors and Managers and a 4% COLA for the remaining non -represented employees. Mayor Naughten pointed out that represented employees receive step increases in addition to COLA and the non -represented employees will be forced to join the union if the Council does not ap- prove the additional 3% increase. Mayor Naughten said he would submit additional information to the Council next week for their consideration. VOTE ON APPROVAL OF CABLE TV FRANCHISE REQUEST FOR PROPOSAL Councilmember Nordquist inquired if the franchise would have a term of 10 years with an option to renew. City Attorney Scott Snyder said it is a 10 year term subject to negotiation. . [kFP Councilmember Nordquist was concerned about the length of the franchise because he said new tech- nology is forthcoming. He suggested a five year term with an option for another five years. Mr. Snyder said the City is limited in its technological standards to specifying a specific signal strength. He said if the time comes when GTE can provide cable television over the telephone lines, then they have the ability at any time to request a side -by -side franchise. Mr. Snyder noted thatt-a fifteen year franchise is a more standard length of time. He said the more the City asks of the franchisee, the longer the term. He said the cable consultant has made a proposal to provide a given level of technological improvement. Councilmember Nordquist inquired if GET could solicit the City if a new system was available. Mr. Snyder said they would have to apply to the City for a .franchise, but he noted that the fran- chise, in its terms, is not exclusive. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE CABLE T.V. FRANCHISE REQUEST FOR PROPOSAL. MOTION CARRIED. DISCUSSION OF UNIVERSITY OF WASHINGTON WATERFRONT STUDY Community Services Director Peter Hahn said the University of Washington Planning and Urban De- sign Department has expressed interest in studying the Edmonds waterfront in the winter and spring quarters. He said the winter quarter starts on January 3, 1990 and the City should let the University know what it hopes to learn from the study. Early in January the City should also determine the process for study review. Mr. Hahn said the Council retreat may be a good opportunity for presentation of findings and options for future policy initiatives by the City. Mr. Hahn noted that correspondence between the City and the Department, as well as a Staff memo- randum with further ideas on the study and on the ferry issue, were included in the Council pack- ets. Mr. Hahn said it is the recommendation of Staff to endorse the study and a general endorsement of the problem statement and issues. Councilmember Hertrich suggested that each Councilmember submit their vision of the waterfront to the University staff if the proposal is approved. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ENDORSE THE STUDY AND A GENERAL ENDORSEMENT OF THE PROBLEM STATEMENT AND ISSUES. MOTION CARRIED WITH COUNCILMEMBER KAS- PER OPPOSED. In response to Councilmember Kasper's concerns, Councilmember Hertrich said a study of alternate sites should also be conducted as part of the study. EDMONDS CITY COUNCIL MINUTES Page 10 DECEMBER 19, 1989 MAYOR Mayor Naughten said he submitted a memorandum to the City reporting on the National League of Cities meeting in Atlanta, Georgia. Mayor Naughten gave each Councilmember the new Centennial calendar as a Christmas present_ Mayor Naughten said the bricks for the Library Plaza are selling very quickly. He suggested that any Councilmember who wishes to purchase a brick contact Arts Coordinator Linda McCrystal. COUNCIL Councilmember Nordquist wished everyone a merry Christmas. e560 Co' Councilmember Hertrich noted that the PSCOG is meeting on December 21 to make a recommendation on an endorsement of the governor's transportation package, including funding for jumbo ferries. He requested an opinion from the Council on that issue. Council President Kasper said it has always been the consensus of the Council to not bring jumbo ferries into Edmonds. In response to Councilmember Dwyer's inquiry about the proposed Drug House Abatement ordinance, City Attorney Scott Snyder said the program will pay for itself by putting a lien on the property that has been seized. Councilmember Dwyer requested a discussion of that issue on the Council agenda. Councilmember Hall said she had a good time at the employee Christmas party. Councilmember Hall said residents are complaining that the restricted parking is a problem on 2nd, 3rd, and Sunset Avenues. Council President Kasper noted that Student Representative Doug Merlino's term expires at the end of January, and a student from Meadowdale High School will be selected for the following term. The meeting adjourned at 10:40 p.m. THESE MINUTES ARE SUBJECT TO DECEMBER 27, 1989 APPROVAL. JACQUELINE G. PAR ETT, City Clerk ARRY U NA GHTE May EDMONDS CITY COUNCIL MINUTES Page 11 DECEMBER 19, 1989 M E M O R A N D U M December 19, 1989 TO: City Council FROM: Bill Kasper SUBJECT: 106% PROPERTY TAX The Mayor and the City Council of Edmonds have, as long as I can remember, exercised the 106% provision of the Revised Washington Property Tax Code that came about in the middle 70's. There are many reasons whyfhe City has done this. About one third of the time, it was due to high inflation over the 106% as high as 112%. Another time, we bought an unfunded or reserved item such as a new Fire Engine. Several times, we filled additional staff needs. Most recently, we have dedicated it to the road maintenance fund so that we could respond to the public's demand for better general street maintenance by accelerating maintenance by 50% to reduce deterioration. This plan was again proposed this year, but in the last budget meeting, the Council voted not to adopt the 106% on the premise that"we don't need the funds". 'How can we not need the funds when when we go out for a 4.5 Mil street bond fund and lose and decline State Public Works Trust Fund loan. Last year, we said we should push any funds increase to roads, as we had an obligation to the City to catch up and to decrease the -deterioration rate. This increased the funds 40% from $189,000 to $310,000. This year, only $230,000 is in the Mayor budget, $80,000 below what we funded in 1989 and we had a goal to catch up? There are numerous other items that this City has not really addressed due to lack of funds and lack of ability to pass general obligation bonds. How, then, can we justify pushing forward without funds on such things as:1. Providing for additional staff housing: a. Public Work building b. Public Safety building c. Finance Administration quarter, shift to new quarters. 2. Acquisition of Union Oil Beach and Anderson Centennial lights and and possible undergrounding. All of the above needs unfunded seed money to study and prepare for funding by Bond. We must build reserves to cover these, as we are not looking at a strong national economy in the immediate future, thus State or Federal subsidies or grants are not in the cards. I can't support a budget that is regressive. I URGE YOU TO RECONSIDER AND RECONSIDER THE 106% INTO THE 1990 BUDGET. ****ADDENDUM TO DECEMBER 19 1989 MINUTES. (See page 5, sixth paragraph under Property Tax Ordinance '2444 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. DECEMBER 19, 1989 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 5, 1989 AND DECEMBER 12. 1989 WORK SESSION (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM FROM LLOYD FINCH ($672.73), EDWARD C. CASPERS ($637.83), AND WENDY L. DISCHER ($85.15) (D) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION ON SPRINKLERS IN LANDSCAPING AT 430 3RD AVE. S. (ADB-66-89/AP-21-89/BJORN THUESEN) (E) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION ON LANDSCAPING REVISION FOR WOODLAKE TOWNHOUSES AT 21003 83RD AVE. W. (ADB-99-89/ AP-43-89/MYRTLE JACK) (F) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION ON MODIFICATION TO BUILDING AT 528 PINE ST. (PINKHAM/PINNED-MICHEL/ADB-79-86/AP-45-89) (G) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON APPEAL OF HEARING EXAMINER DECISION ON APPEAL OF STAFF DECISION ON PAVING REQUIREMENTS FOR PROPOSED 3-LOT SUBDIVISION AT 528 8TH AVE. N. (SCHROEDER/S-16-89/AP-36-89) (H) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING ADB DECISION ON APPEAL OF PROPOSED TRIPLEX AT 222 DAYTON (PINNED-MICHEL/PINKHAM ADB-71-89/AP-38-89) (I) APPROVAL OF 1990 EQUIPMENT RENTAL RATES (J) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH KROESEN'S, INC., FOR POLICE UNIFORMS (K) AUTHORIZATION TO PURCHASE A CHECK ENDORSING MACHINE FOR THE ACCOUNTING DIVISION. (L) APPROVAL OF SELECTION OF R.W. BECK & ASSOCIATES FOR THE CITY"S NEXT STORM DRAINAGE BASIN STUDY AND AUTHORIZATION TO NEGOTIATE AN ENGINEERING AGREEMENT AND AN INTERLOCAL AGREEMENT WITH SNOHOMISH CO. (M) FINAL ACCEPTANCE OF WORK BY B&M CONTRACTORS ON THE AURORA TOYOTA SEWER PIPELINE PROJECT AND SETTING THE 30-DAY RETAINAGE PERIOD. 2. AUDIENCE (10 MINUTES) 3. CONTINUED HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING (30 MINUTES) REDUCTION OF SIDE YARD SETBACK AT 19129 OLYMPIC VIEW DR. (APPELLANTS: DON AND ANN HERMAN; APPLICANT: JOSEPH BASCO) (AP-42-89/V-27-89) (CONTINUED FROM NOVEMBER 6, 1989) 4. DISCUSSION REGARDING VACANT POSITION IN CITY CLERK'S OFFICE (15 MINUTES) 5. CONCLUSION OF DISCUSSIONS ON EXEMPT PERSONNEL SALARIES (30 MINUTES) 6. PROPOSED ORDINANCE 2-143 AMENDING 1989 BUDGET AS RESULT OF UNANTICIPATED (5 MINUTES) TRANSFERS AND EXPENDITURES 7. PROPOSED ORDINANCE 4144 LEVYING PROPERTY TAXES FOR 1990 (15 MINUTES) 8. FINAL CHANGES TO 1990 BUDGET AND PROPOSED ORDINANCE 27145 ADOPTING (60 MINUTES) 1990 BUDGET 9. VOTE ON APPROVAL OF CABLE TV FRANCHISE REQUEST FOR PROPOSAL (15 MINUTES) 10. DISCUSSION OF UNIVERSITY OF WASHINGTON WATERFRONT STUDY (20 MINUTES) 11. MAYOR 12. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE