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10/01/1991 City CouncilTHESE MINUTES SUBJECT TO OCTOBER 15, 1991 APPROVAL EDMONDS CITY COUNCIL MINUTES October 1, 1991 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro Tem Jack Wilson at the Library Plaza Room, 650 Main Street, Edmonds. All present joined in the flag salute. PRESENT Jack Wilson, Mayor Pro-Tem Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Amanda Foote, Student Rep. CONSENT AGENDA ABSENT Larry Naughten, Mayor Bill Kasper, Councilmember STAFF Sherrie Gursley, Court Admin. Brent Hunter, Personnel Mgr. Bob Alberts, City Engineer Robert Chave, Planning Mgr. Rhonda March, City Clerk Noel Miller, Public Works Supt Barbara Mehlert, Recorder Items (B), (D), (F), (I), (J), and (M) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LEE WIL.LEIKSEN ($1329.45) AND JOHN WALVATNE ($378.70) E) ACCEPTANCE OF INFORMAL BIDS AND AUTHORIZATION TO PURCHASE SR 104 BATHROOM FIXTURES FROM PACIFIC PLUMBING ($4,468) c�(G) AND ASETTINGT30CDAYOFRETAINAGEWORK BY GPERIODCONSTRUCTION CO. ON 1991 WATER LINE REPLACEMENT PROGRAM, H) AUTHORI ZATION NG TO OTPURCHASE VOICE MAIL SYSTEM FROM CONCEPTION COMMUNICATIONS ($30,791.56, INCLUDD ,mow (K) AUTHORIZATION TO NEGOTIATE COST REIMBURSEMENT WITH MR. LEE ATHERTON, SEAWOOD HOMES, FOR THE �" EDMONDS STREET SEWER PIPELINE REPLACEMENT ($32,264) (L) ADOPTION OF RESOLUTION 722 COMMENDING RETIRING CITY CLERK, JACQUELINE G. PARRETT y(N) PROPOSED ORDINANCE 2852 REQUIRING 3-HOUR PARKING ON NORTH SIDE OF CASPERS ST., BETWEEN THIRD ys4 AVE. AND SUNSET AVE. APPROVAL OF MINUTES OF SEPTE:MBER 16, 1991 (ITEM (B) ON THE CONSENT AGENDA Councilmember Palmer referred to page one of the October 16th Council minutes. Councilmember Palmer noted there was a typographical error in the Roll Call, where he is listed as Student Representative instead of Councilmember. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH TO APPROVE THE MINUTES AS CORRECTED. MOTION CARRIED. REPORT ON BIDS OPENED SEPTEMBER 23, 1991 ON VIBRATORY COMPACTOR FOR WATER/SEWER SECTION AND AWARD -JAI EQUIPMENT CO., INC.56 L L X. ITEM (D) ON T9 CONSENT AGENDA) �7�"'" Councilmember Hertrich inquired what the original single quote was that was received before re - bids were received. Noel Miller, Public Works Superintendent, replied it was the same amount and the same bidder as before. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER TO APPROVE ITEM (D). MOTION CAR- RIED. AUTHORIZATION TO CALL FOR BIDS FOR THE 1992-94 FUEL AND LUBRICATING OIL REQUIREMENTS (ITEM (F) ON THECONSENT AGENDA) Councilmember Nordquist inquired why staff did not use the State Contract instead of going out for public bid for the fuel and oil requirements. Noel Miller, Public Works Superintendent, stat- ed that in the past, the City has gone out for public bid and was not sure why the State Contract was not utilized. Councilmember Nordquist informed Mr. Miller that he has a copy of the State Contract and the fuel prices listed within the contract offer very low prices. Councilmem- * see 10-15-91, pg. 1 ber Nordquist offered the list to Mr. Miller and Mr. Miller said he would get together with Greg Ramsland to review the list. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER TO HOLD ITEM (F) UNTIL THERE IS A REVIEW OF THE STATE CONTRACT BY STAFF. MOTION CARRIED. APPROVAL OF CONTRACT WITH JHK AND ASSOCIATED FOR CONSULTANT SERVICES FOR THE BIKEWAY AND WALKWAY �y PLAN $16,100 I I N G ?401�n Councilmember Hertrich commented the Planning Board also recommended the selection of JHK and it is nice to have an approval of Council approval. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUN- CILMEMBER PALMER, TO APPROVE ITEM (I). MOTION CARRIED. AWARD OF CONTRACT TO ASSOCIATED SAND AND GRAVEL TO REBUILD PARKING LOT AT SENIOR CENTER 8,158.20, INCLUDING SALES AX (ITEM J N CONSENT AGENDA) Councilmember Palmer said he would like to make one slight change to the plan that is shown on page two of the Agenda Memo for Item (J). Councilmember Palmer said he would like to see the /lah,W' plan proceed with no asphalt where the two benches would be located. Councilmember Palmer said he i would like Staff to determine appropriate landscaping at those two points. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE ITEM (J) WITH THE UNDERSTANDING THAT NO ASPHALT WOULD BE PLACED WHERE THE TWO BENCHES WOULD BE LOCATED. Councilmember Hertrich inquired if it would be reasonable to table item (J) until an additional review could be made to make sure additional landscaping could not be incorporated into the plan. Mr. Alberts, City Engineer, mentioned that unless the City wanted to sacrifice parking spaces, those were the only two areas that could be landscaped. Mr. Alberts also said that weather is a factor on this project, and the sooner they get started, the better off it will be. MOTION CARRIED. PROPOSED ORDINANCE 2853 REGARDING BENCH WARRANT PROCESS (ITEM (M) ON CONSENT AGENDA. Councilmember Hertrich referenced a memorandum regarding this subject from City Attorney Scott ,.1 Snyder to the Council. Councilmember Hertrich said he would like to place this item on the regu- lar agenda for discussion. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO MOVE THIS CONSENT AGENDA ITEM TO THE REGULAR AGENDA AND MAKE IT ITEM 6, MOVING THE MAYOR'S POR- TION TO ITEM 7. MOTION CARRIED. AUDIENCE PORTION Mayor Pro-Tem Wilson inquired if anyone from the audience wished to address the Council on any issues. No member of the audience came forward. Mayor Pro-Tem Wilson closed the audience por- tion of the Council Meeting. Mayor Pro-Tem Wilson stated that the Council was going to deviate from the regular schedule for a moment in order to make a presentation to a long time employee who recently retired. Mayor Pro- Tem Wilson introduced Ms. Jacqueline Parrett, retired City Clerk. Mayor Pro-Tem Wilson asked Councilmember Jaech to read Resolution 722 commending Jacqueline Par- rett for her service to the City. Councilmember Jaech said she would be honored to read the Resolution commending Ms. Parrett. Following the reading, the Council presented Ms. Parrett with a bouquet of flowers and Ms. Par- rett thanked the Council. HEARING ON 236TH ST. S.W./238TH ST. S.W. TRAFFIC CONTROL Gordy Hyde, Engineering Coordinator, said on September 3, 1991, th City staff presented an update on the temporary traffic control improvements in the 238th St. S.W., 240th St. S.W. and 238th Pl. S.W. neighborhoods. Mr. Hyde said the review of these improvements was to be continued to this evening. Mr. Hyde mentioned that a questionnaire was sent to the residents and the results of the questionnaire was included in the Council packet. Mr. Hyde presented a view graph to the Council reviewing the temporary traffic control improve- ments in the 238th St. S.W., 240th St. S.W., and 238th Pl. S.W. neighborhoods. Mr. Hyde revealed the results of the traffic counts that were performed immediately after Safeway opened. Mr. Hyde mentioned that these traffic counts were also included in the Council packet. Mr. Hyde referenced a neighborhood meeting that was held the previous week and the result of this is reflected in the Neighborhood Traffic Control Questionnaire. Mr. Hyde said as a result of several neighborhood discussions, he would like to ask Council to approve the temporary and perma- nent improvements shown on Exhibit B and appropriate $5,000 from fund 112 for 1991 improvements. EDMONDS CITY COUNCIL MINUTES Page 2 October 1, 1991 Councilmember Nordquist asked Mr. Hyde to explain what the improvements consisted of, for the benefit of the audience. Mr. Hyde proceeded to explain the improvements which in part called for removing one of the existing barricades, and thereby creating a pathway large enough to allow school busses access to the areas, while still retaining a barricade look to the drivers, so that it would appear that the street is blocked. After the chicane, speed bumps would be placed at the bottom of the hills at both 238th and 240th. Mr. Hyde said he would retain the 3-way stop of 238th Ave. and 78th, and remove the 3 way stop at 78th and 238th P1, replacing it with one stop sign and a speed bump which would enforce adherence to that stop. Mr. Hyde explained that the temporary barrels that were placed there to imitate an island earlier in the program would be removed and an island would be constructed in the middle of the street. Councilmember Hertrich inquired if the neighbors closest to the speed bumps have voiced any con- cerns over noise that would be created with cars constantly going over the speed bumps, especial- ly in the late evening hours. Councilmember Hertrich inquired if there was a way to experiment with the speed bumps in the area. Mr. Hyde said that a demographic analysis was not performed, however he did color in a map which showed the potential speed bump locations and did not receive any negative comments from neighbors in the area. Mr. Hyde also said that because of future improvements that need to be made to the roads, he is proposing a portable type of speed bump so if there was a problem with noise, they could be moved to other locations if necessary. Mr. Hyde also said a speed hump is a possibility which is an elongated speed bump which would alleviate some of the noise associated with speed bumps. Councilmember Hertrich asked City Attorney Scott Snyder if the existence of speed bumps posed a liability to the City should a loss of control result from the speed bump. Mr. Snyder replied that there would be no problem if the speed con- trol devices were approved devices by the State, and Mr. Hyde added that all of the speed control devices are standard equipment, and there would be signage warning motorists of the speed control devices in advance. Councilmember Palmer inquired if the speed bumps would be clearly visible to the motorists, and Mr. Hyde said the ones he has seen available commercially are bright yellow indestructible plas- tic. Councilmember Palmer also inquired how far the speed bump would be from the corner of 238th P1. and 78th, and Mr. Hyde said it would be placed approximately equal to the stop sign. Council - member Palmer thought that was unusual to put a speed bump at a corner and Mr. Hyde agreed, but explained there would be signage in advance warning of the impending speed bump. Councilmember Palmer inquired with the proposed changes, will we now be able to get the school bus route back on track as far .as servicing the neighborhood. Mr. Hyde said he has been in contact with the School District and they have indicated they would work with the City in re-establishing those route to serve the neighborhoods. Councilmember Palmer Said he is interested in hearing from the public on the effect of the school bus route change. Councilmember Hertrich also inquired on the basis of putting a chicane next to a speed bump, and Mr. Hyde replied that 50% of the cars do slow down and 50% of the cars do not slow down when they are approaching a speed bump. Mr. Hyde said that the chicanes are a speed controller, and the two together provide better protection against speeders. Councilmember Hertrich inquired on the basis of putting a speed bump parallel to the stop sign at 78th Ave. and 238th P1. Mr. Hyde explained that the purpose of the stop signs at that intersec- tion was to slow motorists down. Mr. Hyde said the neighbors have perceived the problem that the stop signs that are there do not work because there is no enforcement in the area, therefore, many people do not stop at the stop signs. Mr. Hyde also explained that enforcement really isn't warranted because the volume of cars is not there to justify having a police officer patrol the area. Councilmember Nordquist referenced a type of speed bump that the City of Everett utilizes, which consists of a wider and lower bump which is painted. Councilmember Nordquist said the City of Everett finds it to emit less noise than the traditional speed bumps. Mr. Hyde said that those are speed humps, and those are included in this plan. Councilmember Jaech inquired if the speed bumps proposed are similar to the ones on 7th Avenue and Elm, and Mr. Hyde replied affirmatively. Mayor Pro-Tem Wilson opened the public portion of the hearing. Gary Nord, 24025 79th Pl. W, said he and his neighbors have been discussing traffic problems in their neighborhood for over one year. Mr. Nord noted that new water lines were installed on 238th and 240th, and he understands that these roads are scheduled for resurfacing next summer. Mr. Nord asked the Council to also consider installing asphalt sidewalks during the resurfacing project. Mr. Nord explained this would allow safe access to the neighborhood park, as pedestri- ans are forced to walk in the roadway at the present time. Rita Harnden, 8028 238th S.W., addressed the issue of the barricades. Ms. Harnden said she is in favor of getting the bus stops re-established, and questioned the effectiveness of the barri- cades. Ms. Harnden said some of the kids who drive see the barricades as a kind of a race course, and she is fearful that there is going to be an accident between the automobiles and the pedestrians. Ms. Harnden stressed the main issue with her is the bus issue. At the present time EDMONDS CITY COUNCIL MINUTES Page 3 October 1, 1991 there are 23 children that wait on the corner of 76th and 238th for a bus which poses a safety problem. Councilmember Jaech reiterated to Ms. Harnden that City staff will be working with the School District to get the bus routes re-established. As to the speed, Councilmember Jaech asked Ms. Harnden to drive to Elm street and drive over the the speed bump located there. Councilmember Jaech explained this type of speed bump is very effective, and will help a great deal in alleviat- ing the speeding problem. Tom Brown, 23423 74th Ave. W., expressed his displeasure over the signage that exists on 238th that reads "No outlet". Mr. Brown noted that there is indeed three outlets on that street. Mr. Brown noted three more "No outlet" signs located at 236th & 78th, and at Aurora and 240th and for 76th and 78th Street. Mr. Brown brought up his concerns because his wife nearly had a serious accident because of the signs. Mr. Brown said his wife came off of Aurora onto 238th and after seeing the "No outlet" sign, tried to make a turn and very nearly avoided an accident. Mr. Brown feels the signs should be removed as there are outlets on those streets. Mayor Pro-Tem Wilson asked Mr. Brown what his thoughts were if the wording of those signs were changed, and Mr. Brown replied it depended on the wording. Mr. Brown feels the signs should be removed immediately until something better comes along as he feels they are dangerous. Michael Brudett, 7724 238th PI.S.W. noted he is here also on behalf of his neighbor who lives at 7722 238th P1. S.W., which is at the intersection where the three way stop presently exists. Mr. Brudett expressed his concern over the proposed speed bump at the stop sign. Mr. Brudett ex- plained he has lived in his house for 10 years, and over the last two years he has seen his neigh- bor's garage demolished by vehicles coming through his garage on three different occasions. Mr. Brudett feels that the speed bump will make matters worse by having vehicles flying over the speed bumps and crashing into their property. Mr. Brudett feels positively towards the barri- cades, and feels that the three way stop seems to be effective. Councilmember Hertrich asked Mr. Brudett if he notices people not obeying the stop sign and Mr. Brudett replied that a lot of people slow down, but do not stop all the way, but he hasn't seen vehicles pass through the stop signs at a high rate of speed. Ron Howard, 23823 74th Ave. W, feels the whole traffic study and situation is ridiculous. Mr. Howard said the City should revert to using 236th as an arterial. Mr. Howard feels 236th is a good conduit for traffic both off of 99, down to 76th, and on to the freeway. Mr. Howard said that ever since the blockade was put in the middle of Highway 99, there is no alternative but to go through the maze of chicanes and speed bumps. Mr. Howard reminded the Council that ten years earlier, his neighborhood had requested speed bumps on 74th due to speeding vehicles, and was told by the Council that there was a liability to the City with speed bumps, and they couldn't have them. Mr. Howard feels a police officer in the area would greatly reduce the speeding, and therefore, the chicanes and speed bumps would not be necessary. Mr. Howard also said the City has a dead end street on 238th and an arterial at 236th, so there is a barricade and on the arterial on the dead end street you put a traffic light. Mr. Howard feels if that was reversed, a smoother flow of traffic would be obtained. Councilmember Nordquist commented to Mr. Howard that when Mr. Doce built his store, one of his arrangements with the Highway Department was the light was to be put in at 238th so his customers could turn around to gain better access to the freeway, which is why the light ended up at 238th. Councilmember Nordquist said in the process of talking with the neighbors, the Staff went to the State Highway Department and the County and asked them to work with the City and before the City knew it, there was a barricade placed at 236th across the highway, north and south. Councilmember Nordquist said the Edmonds City Council asked the Highway Department and County for a light at 236th, but it was placed at 238th instead. Mayor Pro-Tem Wilson closed the audience portion of the meeting,. Mayor Pro-Tem reminded the Council that the recommendation is to approve or not approve temporary and permanent improvements, and appropriating $5,000 from fund 112. I?' COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE TEMPORARY AND PERMANENT IMPROVEMENTS SHOWN ON EXHBIT B AND APPRORPRIATE $5,000 FROM FUND 112 FOR 1991 IMPROVE- MENTS. Bob Alberts, City Engineer„ said the intent of the Staff is to come back to the Council next year for authorization to go out for bids for the overlay. Councilmember Hertrich referenced the "No outlet" signs that Mr. Brown had brought up, and asked if there were alternatives such as a larger sign Mr. Alberts said he thought the comments made by Mr. Brown were valid comments as outlets do exist in those areas, and Staff will look into replacing the existing signs with something else. EDMONDS CITY COUNCIL MINUTES Page 4 October 1, 1991 Councilmember Palmer asked Mr. Alberts about the possibility of adding asphalt sidewalks on 240th. Councilmember Palmer asked if that appeared on the City's plan. Mr. Alberts said it does not appear as it is a strictly residential neighborhood and there is much competition for funds. Councilmember Palmer suggested the neighbors who were interested in a walkway could discuss their options with Mr. Alberts and Mr. Alberts concurred. Councilmember Hertrich expressed his concern over the children having to travel on the road through the chicanes. Councilmember Hertrich asked if there is a small cut in at the chicane to allow for pedestrian traffic, or do they have to use the same path as the vehicles do, and Mr. Alberts said he wasn't sure but he would look into that. MOTION CARRIED. d� DISCUSSION ON GROWTH MANAGEMENT WORK PROGRAM Rob Chave, Planning Manager, updated the Council on progress to date with regards to the Growth Management Act requirements. Mr. Chave said at the present time, the work the City is doing in Growth Management isn't readily apparent because it consists of background and inventory that is required before the real public part of it gets going. Mr. Chave presented a view foil which outlined the progress the City has made to date with re- gards to conforming to the Growth Management Act. Those items include: 1) Land use inventory of the entire City: This consists of having people out in the field 06ing at parcels of land with the purpose of updating the land use element of the Comprehen sive Plan; 2) Initiation of a new base mapping effort: Taking the Comprehensive Plan Zoning Map, Critical Area Map, and other maps and putting those on a consistent map format with consistent scales. Mr. Chave said this process should be completed within a few months; 3) Compiling/analyzing information from the census: Mr. Chave said most of this is coming out this year and next; 4) Public information: Staff has begun to analyze what kinds of public information materials will be needed,in the form of mailings, etc.; 5) Draft Critical Areas Pro ram: This will be completed for Council and Planning Board to review within a few months. Councilmember Jaech said she attended some informational sessions recently and it was stated that many jurisdictions were ignoring the time limits for identifying sensitive areas. Mr. Chave noted the original deadline the State passed was September of 1991. Mr. Chave said when the amendment to the Growth Management Act, which was adopted by legislature earlier this year, the deadline was extended up to six months, which gives the City until March of 1992, and he noted the City of Edmonds will be able to comply by that date. Councilmember Jaech inquired what resources will be needed to put this all together, and Mr. Chave replied that there are funds set aside for a Consultant which was approved as part of this year's budget. Mr. Chave said he is in the process of receiving proposals from Consultants, and will be discussing these with the Professional Consultant Selection Committee. The Council discussed various aspects of the Growth Management Act at length. Mr. Chave said one of the more critical areas coming up is the public information portion. Mr. Chave said it is critical to inform the public regarding the different aspects of the Growth Management Act, and getting that information can prove to be costly. Mr. Chave said that many informational meetings/workshops will be held in which the public can be involved. Mr. Chave said a large portion of the money needed will potentially come from a Growth Management grant from the County and said it probably would be in the neighborhood of $35,000. Mr. Chave comment- ed he feels the highest priority for the use of that money will be used for public input. Councilmember Palmer said Mr. Chave brought up a critical point which is the repeated need to disseminate varied information to the public using some kind of vehicle that the public can ex- pect and easily understand. Councilmember Palmer commented that this may be an item as far as the city's cable television franchise and the public access components of that franchise. Councilmember Hertrich said there are many citizens who get a little nervous when talk of land use changes arises. Councilmember Hertrich feels the City needs a clear and definite plan so citizens know where they fit in, and also if it is affecting their specific area, they need to know which meetings to attend. EDMONDS CITY COUNCIL MINUTES Page 5 October 1, 1991 City Attorney Scott Snyder mentioned the Department of Ecology has developed some minimum stan- dards for the critical areas that some of the cities are adopting as interim regulations. Mr. Snyder asked Mr. Chave if he has thought about using that process, and Mr. Chave said that is a possibility, and it was decided that Mr. Chave would bring forth that information to the Council Meeting on October 15th, 1991 for review. Mr. Chave said every jurisdiction is doing plans at the present time, and every jurisdiction has a steering or guidance committee. Mr. Chave said it is very difficult to keep track of all the plans and programs that are going on. DISCUSSION OF "ADOPT A HIGHWAY" PROGRAM Rob Chave, Planning Manager, explained that a local firm, McDevitt and Andreason, had expressed interest in adopting part of State Route 104 for the purpose of maintenance. The Mayor and the firm's president exchanged letters and the State Department of Transportation approved the propos- al. Recently, signs were installed on SR 104 with the firm's name. The Public Works Division is involved in picking up the garbage bags used by the firms' employees to collect trash. Mr. Chave said that there are four other firms who are interested in adopting four Edmonds street: Main; OVD; 196th, and 9th Avenue. Mr. Chave said his concern is the amount of signage this would create. Mr. Chave explained that when a company "adopts a highway", a sign stating the firm's name is placed in the area where they are responsible for maintenance. Mr. Chave expressed his concern over a multitude of signage through the City, but said alternatives to the sign could be adopted, such as a plaque displayed in a public area, etc. Councilmember Hertrich noted that the City has a good sign ordinance, and the community looks much nicer because of that ordinance. Councilmember Hertrich is concerned with a proliferation of signs and said if a sign was used stating a firm's name on it, it would have to go to the ADB board for approval. Mr. Chave agreed. Councilmember Nordquist said the citizens of Edmonds have pride in their community and feels that the "Adopt a Highway" program should remain in the arterials. Councilmember Dwyer feels the City should be able to obtain an acceptable sign without great difficulty. Councilmember Dwyer suggested using a prototype and exempting it from ADB review, as long as the only change to the sign would be the name of the organization. Councilmember Dwyer feels it is a good idea, and the City should be able to make this work. The Council continued to discuss the proposal and came to a consensus that recognition be given to people who put forth the effort to volunteer a public service, however, the "Adopt a Highway" program should remain in the arterials. The Council feels the "Adopt a Highway" program is great, however, the "Adopt a Street" program would not work out so well. PROPOSED ORDINANCE 2853 REGARDING BENCH WARRANT PROCESS City Attorney, Scott Snyder, referenced his memo to Council regarding Recriminalization of Offens- es. Mr. Snyder noted that Court Administrator Sherrie Gursley pointed out that negligent driving is required by state law to remain a non-jailable offense. In discussing the matter with Sherrie, the City Prosecutor, and Judge Conroy in the past, the structure of the City's criminal ,1 code and the penalty provisions have been a problem. Mr. Snyder said if you look at the City's penalty provisions, it is 15 pages long and it basically an exception to an exception to an excep- tion .... and it has gotten out of control. Councilmember Hertrich referenced the exceptions Mr. Snyder referred to and inquired why the City was different from the State. Mr. Snyder said that was the original intent of the City Council. Mr. Snyder said if you adopt the State code and the penalty that the State provides, if the law changes, everything is automatically picked up. The problem is that the City has individually adopted the crimes and then because the State legislature doesn't try and keep things simple, you end up with is maybe 20 different categories. Councilmember Hertrich mentioned that he talked to Mr. Snyder previously and Mr. Snyder indicated there were two basic areas that are the biggest problem as to issuing bench warrants, and asked Mr. Snyder to discuss those. Mr. Snyder said the two major categories are theft/shoplifting, and driving with suspended li- cense or valid operator's license. Mr. Snyder said that those compromise approximately 70% of the offenses. Councilmember Hertrich inquired if the Council is willing to change their mind on the bench warrant issue and criminalize only those two that Mr. Snyder mentioned. Councilmember Dwyer said the Council still has some autonomy with the Court if the Council choos- es to exercise it. Councilmember Dwyer doesn't feel there isn't anything that would keep the EDMONDS CITY COUNCIL MINUTES Page 6 October 1, 1991 Council from criminalizing the Failure to Appear, making that a jailable offense for those offens- es which are non-jailable. Sherrie Gursley; Court Administrator, told the Council that one system is better than having two or three. Ms. Gursley said if the City is going to have the power to issue bench warrants on these, it doesn't necessarily mean those people are going to go to jail if convicted. Ms. Gursley feels that too many systems defy personnel and the Court has to decide which category it would fit into. Councilmember Dwyer explained to Ms. Gursley the Council is talking about whether or not the offense should be one where the person charged with it should feel the risk of potential imprison- ment, which, for a lot of people, is a significant factor in going through with the act. COUNCILMEMBER HERTRICH MOVED TO ADOPT THE ORDINANCE AS DRAFTED WITH THE EXCEPTION OF OWLS, AND THEFT CASES, WHICH WOULD BE LISTED AS JAILABLE OFFENSES RATHER THAN NON JAILABLE OFFENSES, AND TRY THIS FOR A PERIOD OF A YEAR TO SEE WHAT KIND OF PAPERWORK PROBLEMS, IF ANY, ARE INCURRED. COUNCILMEMBER DWYER AGREED TO SECOND THE MOTION IF THE TIME PERIOD OF ONE YEAR WAS DELETED. COUN- CILMEMBER HERTRICH AGREED TO REMOVE IT. Under discussion, Councilmember Dwyer expressed his displeasure over the resistance from the Court to some of the Council's sentiments to do things a little bit differently. Councilmember Dwyer said it was puzzling considering the fact that the Court came into existence in large part because of the desire to have the ability to do things differently. Councilmember Dwyer,said if the whole point is just to do things the same way they do it in the District Courts, the City can go back to that system. Councilmember Dwyer doesn't feel that is the goal or desire, however, he feels the Court has been very good at being oriented towards its' consumers, however, the Council is a consumer too. Councilmember Dwyer stated that we ought not lose sight of our orientation from the beginning. Councilmember Nordquist inquired why Councilmember Dwyer did not bring these concerns to the Judge, and Councilmember Dwyer replied that he had six or seven weeks ago, before the bench war- rant rule came into effect. Councilmember Dwyer stated he is not unhappy with the Court, and stated he views the existence of the Court in part, a manifestation of the City's desire on occa- sion to do things a little bit differently, which isn't always going to be the easiest. Councilmember Palmer stated he would vote against the motion because he feels the recommendation comes from experts, which is the Court, and they have thought this out. Councilmember Palmer feels efficiency in this regards means more prompt and direct justice. MAYOR PRO-TEM WILSON CALLED FOR THE QUESTION. THE AMENDMENT TO THE MOTION FAILED WITH COUNCILMEM- BER HERTRICH AND COUNCILMEMBER DWYER VOTNG FOR THE AMENDED MOTION, AND COUNCILMEMBER NORDQUIST, COUNCILMEMBER JAECH, COUNCILMEMBER PALMER, MAYOR PRO-TEM WILSON VOTING AGAINST THE AMENDED MOTION. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE PROPOSAL AS PRESENTED BY CITY ATTORNEY SCOTT SNYDER. Under discussion, Councilmember Hertrich referred to Mr. Snyder's memo and said he doesn't under- stand how the City can be making everything jailable when negligent driving is required by State law to be a non-jailable offense. Mr. Snyder said it is non-jailable, and Councilmember Hertrich inquired if it is on the list as non-jailable. Mr. Snyder said, again, the structure will remain non-jailable. Councilmember Hertrich said in other words, the City already has a non-jailable offense, and Mr. Snyder said the State does, which means the City does too. Councilmember Hertrich said what the Council has been talking about is making everything jailable except one item. Ms. Gursley said that negligent driving is a "bailable" offense, with the bail being $133.00. Ms. Gursley explained the remainder are mandatory court appearances that cannot forfeit bail. Ms. Gursley mentioned she wanted to address Councilmember Dwyer's concerns. Ms. Gursley said the Court serves the citizens of Edmonds and the public to the best that they can, but under the guidance of the State statutes. Councilmember Dwyer commented that he didn't intimate the Court didn't. Councilmember Dwyer said he meant to intimate that he wasn't sure that there was a lot of thought going to whether the' Court was serving the Council in terms of the initial formation of the Court. Ms. Gursley said when the Court works for the City, they work for the Council. MOTION CARRIED with Councilmember Hertrich voting no. EDMONDS CITY COUNCIL MINUTES Page 7 October 1, 1991 Mr. Snyder said the Council had asked him to contact Mr. Feldman, and a copy of his reply was included in the Council packet. Mr. Snyder said Mr. Feldman would be glad to provide legal repre- sentation for a flat rate which is $50.00 more than the City is currently paying the prosecutor. Mr. Snyder said he would be more comfortable if the Council would review his proposal and request at the same .time as Mr. Steiner and his. Councilmember Palmer said in the interim, any of the cases that come through are going to be billed at a different rate. Councilmember Palmer said that review should be done as soon as possible. Councilmember Dwyer said this is an appropriate subject for Public Safety Committee on October 8. Mayor Pro-Tem Wilson said he would touch bases with Scott. MAYOR'S PORTION/COUNCIL PRESIDENT Mayor Pro-Tem Wilson mentioned that the Council Assistant has done a lot of work on the 1992 Council/Staff retreat and it is his feeling that a retreat in February would be more timely than waiting until Spring. Mayor Pro-Tem Wilson said Barb had received information from 12 locations, and LaConner Country Inn offers the best accommodations at the best price. The Council discussed possible dates in February and it was the consensus of the Council to hold their annual retreat on February 14 and February 15. COUNCIL COUNCILMEMBER NORDQUIST MOVED, SECONDED BY MAYOR PRO-TEM WILSON TO EXCUSE COUNCILMEMBER JAECH'S ABSENCE ON SEPTEMBER 23, 1991. MOTION CARRIED. Councilmember Nordquist referred to a letter sent to the Council from Mr. Beselin concerning the pit falls of Dayton Street. Councilmember Nordquist said he has seen no response sent to him, and he had hoped that Mayor Naughten would have responded to Mr. Beselin by now. Councilmember Jaech brought up the fact that Texaco is no longer interested in the Union Oil property. With regards to moving the Edmonds Ferry site to that location, Councilmember Jaech said that September and October is the time to approach for potential funding Councilmember ,Jaech said there is a lot of money that might be available for intermodal, and she feels Communi- ty Transit would be interested in helping and funding might be able to be acquired for land acqui- sition and development for all that is related to foot passenger traffic, which would include the bus terminal. Councilmember Jaech feels if the City waits too long, the opportunity for funding might be lost. Mayor Pro-Tem Wilson suggested placing this item on the Community Services. Agenda on October 8. Mayor Pro-Tem Wilson said he would discuss the matter with Peter Hahn. Councilmember Palmer referred to a recent article in the newspaper concerning the present ferry site in Edmonds. Councilmember Palmer said the follow up information which was printed in the paper recently indicated not only that DOT was interested in making critical and timely repairs to the existing dock, but they also indicated the second slip was one of those repairs. Council - member Palmer feels Staff should send a clear message to DOT that the City knows the difference between a repair and an addition. Councilmember Hertrich said a Corps of Engineers Shoreline Permit would be required, and staff needed to stay on top of any applications made by DOT. Councilmember Palmer also noted the continued problems associated with the Lynnwood Sewage Treat- ment Plant. Councilmember Palmer noted the citizens don't feel they are getting a whole lot of p support from the City of Edmonds. It was the consensus of the Council that Mayor Pro-Tem Wilson t would contact the Mayor of Lynnwood to discuss the on going problems. It was also the consensus of the Council to get an update from City staff on what has been done regarding the problems. Councilmember Dwyer said it was his understanding that the Council authorized a certain amount of money towards solving this problem. Councilmember Jaech suggested adding this discussion to the Community Services Agenda on October 8. With regards to Dayton Street, Councilmember Palmer said he has talked to City Engineer Bob Al- berts, and they discussed that if the street was to be torn up again, ample signage would need to �• be present so that people know that Harbor Square is open for business. Councilmember Palmer reminded the Council to turn in their Committee Time Sheets to the Council Assistant. EDMONDS CITY COUNCIL MINUTES Page! 8 October 1, 1991 Student Representative Amanda Foote thanked the Council for allowing her to again, participate in the various discussions. With no further business, the meeting adjourned at 9:14 p.m. THESE MINUTES ARE SUBJECT TO OCTOBER 15, 1991 APPROVAL THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. P. :JDA J . P1ARCFI City C1 erk AR. <�UGK or EDMONDS CITY COUNCIL MINUTES Page 9 October 1, 1991 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. OCTOBER 1, 1991 FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 16, 1991 (C) ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LEE WILLEIKSEN ($1329.45) AND JOHN WALVATNE ($378.70) (D) REPORT ON BIDS OPENED SEPTEMBER 23, 1991 ON VIBRATORY COMPACTOR FOR WATER/SEWER SECTION AND AWARD TO FRAY EQUIPMENT CO., INC. ($5626.40, INCLUDING SALES TAX) (E) ACCEPTANCE OF INFORMAL BIDS AND AUTHORIZATION TO PURCHASE SR 104 BATHROOM FIXTURES FROM PACIFIC PLUMBING ($4,468) (F) AUTHORIZATION TO CALL FOR BIDS FOR THE 1992-94 FUEL AND LUBRICATING OIL REQUIREMENTS (G) FINAL ACCEPTANCE OF WORK BY GRANT CONSTRUCTION CO. ON 1991 WATER LINE REPLACEMENT PROGRAM, AND SETTING 30-DAY RETAINAGE PERIOD (H) AUTHORIZATION TO PURCHASE VOICE MAIL SYSTEM FROM CONCEPTION COMMUNICATIONS ($30,791.56, INCLUDING SALES TAX) (I) APPROVAL OF CONTRACT WITH JHK & ASSOCIATES FOR CONSULTANT SERVICES FOR THE BIKEWAY AND WALKWAY PLAN ($16,100) (J) AWARD OF CONTRACT TO ASSOCIATED SAND & GRAVEL TO REBUILD PARKING LOT AT SENIOR CENTER ($8,158.20, INCLUDING SALES TAX) (K) AUTHORIZATION TO NEGOTIATE COST REIMBURSEMENT WITH MR. LEE ATHERTON, SEAWOOD HOMES, FOR THE EDMONDS STREET SEWER PIPELINE REPLACEMENT ($32,264) (L) ADOPT RESOLUTION 722 COMMENDING RETIRING CITY CLERK, JACQUELINE G. PARRETT (M) PROPOSED ORDINANCE 2852 REGARDING BENCH WARRANT PROCESS (N) PROPOSED ORDINANCE 2853 REQUIRING 3-HOUR PARKING ON NORTH SIDE OF CASPERS ST., BETWEEN THIRD AVE. AND SUNSET AVE. 2. AUDIENCE 3. HEARING ON 236TH ST. S.W./238TH ST. S.W. TRAFFIC CONTROL 4. DISCUSSION ON GROWTH MANAGEMENT WORK PROGRAM 5. DISCUSSION OF "ADOPT A HIGHWAY" PROPOSAL 6. MAYOR 7. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE (30 MINUTES) (45 MINUTES) (10 MINUTES)