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11/26/1991 City CouncilTHESE MINUTES SUBJECT TO DECEMBER 10 APPROVAL EDMONDS CITY COUNCIL MINUTES November 26, 1991 The 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 Street. All present joined in the flag salute. PRESENT Larry S. Naughten, Mayor Jack Wilson, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember Bill Kasper, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Amanda Foote, Student Representative Councilmember Dwyer arrived at 7:05 p.m. CONSENT AGENDA STAFF Art Housler, Admin. Serv. Director Buzz Buzalsky, Fire Chief Noel Miller, Public Works Supt. Bob Alberts, City Engineer Rob Chave, Planning Manager Dan Prinz, Police Chief Peter Hahn, Comm. Serv. Director Scott Snyder, City Attorney Barb Mehlert, Recorder COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADD ITEM (J) TO THE CONSENT AGENDA: APPROVAL OF RESOLUTION OF COMMENDATION 728 TO STUDENT REPRESENTATIVE AMANDA FOOTE. MOTION CARRIED. Item (E) was removed from the Consent Agenda. COUCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 19, 1991 (C) ACKNOWLEDGEMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM STEVEN E. GREENBAUM ($269.44) (D) AUTHORIZATION TO PURCHASE LANIER ADVOCATE IV RECORDING SYSTEM FROM STATE CONTRACT FOR PLAZA MEETING ROOM ($6,139.27) v, PA(F) ACCEPTANCE OF QUIT CLAIM DEED FOR TEN -FOOT STREET DEDICATION FROM NICK STEMM AND �,• NANCY DENSON AT 19017 SOUNDVIEW PLACE (CONTD FROM NOV. 19, 1991) a,, V (G) ACCEPTANCE OF QUIT CLAIM DEED FOR TEN -FOOT STREET DEDICATION FROM GOGERT & SONS, V", INC. AT 16406 75TH PL. W. (CONTD FROM NOV. 19, 1991) (J�,, (H) ACCEPTANCE OF QUIT CLAIM DEED FOR FIVE-FOOT STREET DEDICATION FROM PHILIP %� ZEVENBERGEN AT 9121 BOWDOIN WAY (CONTD FROM NOV. 19, 1991) (I) ACCEPTANCE OF QUIT CLAIM DEED FOR TEN -FOOT STREET DEDICATION FROM P & L ENTERPRISES AT 7632 230TH ST. S.W. (CONTD FROM NOV. 19, 1991) (J) APPROVAL OF RESOLUTION 728 OF COMMENDATION TO STUDENT REPRESENTATIVE AMANDA ,� FOOTE. AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH SHELDON & ASSOCIATES FOR WORK ON CRITICAL AREAS ($7660) (Item (E) on the Consent Agenda) Councilmember Hertrich noted this Professional Services Contract did not go to the Professional Consultant Selection Committee because of the cost involved, however, Councilmember Hertrich asked Staff for a little history on the contract and why this firm was chosen. Councilmember Hertrich felt this information should be part of public record. Rob Chave, Planning Manager, said Growth Management mandates the City adopt interim critical areas regulations by March of 1992. Mr. Chave said the project will be funded entirely by the Growth Management Grant from the state, and the money is already in the 1991 budget. With regards to Sheldon & Associates, Mr. Chave said they prepared the earlier draft ordinance on aquatic resources and is familiar with Edmonds sensitive areas regulations and inventories. Mr. Chave also said Sheldon & Associates has experience and expertise from drafting similar ordinances for other jurisdictions in the region. Mr. Chave noted the City has been very satisfied with their work to date. Councilmember Nordquist concurred with Mr. Chave and noted for the record that as a member of the City's Consultant Selection Committee, he was contacted with regards to this particular item and a presentation was made. Councilmember Nordquist said a good working relationship has been established with Sheldon & Associates. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (E). MOTION CARRIED. PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE AMANDA FOOTE Council President Wilson read Resolution 728 to Student Representative Amanda Foote which commended her for her diligence and dedication during her tenure as Student Representative. Ms. Foote thanked the Council for allowing her to participate in Council discussions and said she learned a great deal which she will carry with her in her future endeavors. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY Judge Conroy reported the total filings in Municipal Court from January 1 through October 31 was 8451, and total revenue from January 1 through October 31, 1991 was $490,523.04, of which the City receives $323,005.37. Councilmember Kasper asked Judge Conroy for a percentage on traffic related violations, and Judge Conroy estimated it to be about 60% to 70%. Judge Conroy said traffic is broken into two categories; 1) traffic infractions, and 2) criminal traffic infractions. Judge Conroy noted traffic infractions consist of speeding, parking tickets, etc. and carry a penalty or fine, whereas criminal traffic infractions are more serious such as DWI, reckless driving, etc. Judge Conroy said the vast majority of the cases are traffic infractions such as speeding. Judge Conroy said he didn't see any trends of any particular type of violation and noted it has stayed pretty consistent throughout the years. Councilmember Nordquist asked Judge Conroy about the recovery percentage from the Courts' collection agency. It was Councilmember Nordquists opinion the recovery rate was slow and asked if this was because of the case load by the agency itself or the nature of the cases assigned. Judge Conroy said he believed it is the nature of the cases assigned. Judge Conroy gave an overview of the collection agency assigned to collecting old fines. It was noted the City of Edmonds assigned 2248 accounts to the agency totaling $407,572.55. Judge Conroy noted the collection agency has obtained a 32% recovery or $122,398.96 to date. Judge Conroy also said there has been $20,681.83 in interest collected as of November 15, 1991. The Council thanked Judge Conroy for his report. Review Prosecutor request EDMONDS CITY COUNCIL MINUTES Page 2 November 26, 1991 David A. Steiner, City Prosecutor, stated the average monthly total case filings in 1989 were 588. Mr. Steiner noted that figure jumped to 749 in 1990; and in 1991, the figure is 791. Mr. Steiner requested an increase in his earnings and presented his request to the Council. Councilmember. Palmer asked Mr. Steiner when he first assumed his duties and Mr. Steiner replied it was late 1989, however, his contract actually started in 1990. The City Council discussed the request by the Prosecutor and decided they would address the issue during their budgetary discussion later on in the agenda. With regards to the pending contract with James A. Feldman, Attorney At Law, who provides legal services for indigent defendants charged in Edmonds Municipal Court, it was the consensus of the Council to gather more information from Mr. Feldman and discuss the issue at a later date. It was noted in a letter from Mr. Feldman that he is willing to renew his contract for the same terms and conditions as set forth in the 1990 contract. ANNUAL REPORT FROM HEARING EXAMINER JAMES DRISCOLL rAMr. Driscoll gave the Council an overview of the activities of the Hearing Examiner in 1991. Mr. Driscoll said he has held 56 hearings to date in 1991: 28 conditional use hearings; 15 variance hearings; 4 administrative appeal hearings; 6 street vacations/amendment hearings; 2 shoreline management permits hearings, and 1 plat hearing. Mr. Driscoll said activity has remained fairly consistent within the City of Edmonds. Mr. Driscoll said the more reflective statistic with respect to building activity in the City of Edmonds would be to look at the number of building permits_ issued, as Mr. Driscoll said he doesn't put much weight on the number of hearings he holds during the year as a way to study building activity. Mr. Driscoll noted the plat activity has declined due to the fact that land is scarce, along with increased costs of obtaining plat approval. Councilmember Kasper concurred. Mr. Driscoll addressed four proposed changes to the City Development Code, and the Council decided to set this as an agenda item at a later date for discussion, as they wished to continue on with the budgetary process. The Council was receptive to the proposed changes brought forth by Mr. Driscoll. Mr. Driscoll said he is working on a project in Lake Stevens along with personnel from University of Washington in setting up a mediation type of dispute resolution for certain types of land uses. Mr. Driscoll said he would keep the Council appraised of the outcome, as he feels it would benefit the City of Edmonds. Councilmember Hertrich inquired on the posting notification process, more specifically, the 80 feet posting radius requirement for public hearings. Councilmember Hertrich asked Mr. Driscoll why 80 feet was chosen. Mr. Driscoll replied most cities have a 300 foot requirement for notices. Mr. Driscoll said the 80 foot radius, which is what the City of Edmonds uses, is the smallest area of notice required, and he feels the 80 feet requirement gives the citizens the best possible chance to become involved, if they so desire. Mr. Driscoll mentioned the new Planning Manager and Planning Supervisor have done an excellent job, and said he is very pleased with their work. Councilmember Hertrich asked Mr. Driscoll if the day time hearings worked out well, or would night time hearings allow more people to get involved. Mr. Driscoll replied day time hearings have been preferred by the citizens and noted they are well attended. Councilmember Dwyer said there are many instances where the Council has to decide on variance requests which have been appealed to the Council after the Hearing Examiner has denied the request. Councilmember Dwyer said the Council sometimes has a difficult time and puts much effort in granting the request because in most cases the granting of the request does not involve harm to anyone, however, for one reason or another, it is not granted. Councilmember Dwyer asked Mr. Driscoll if there is any movement or relief that allows the ability to grant variances in situations where there is strong neighbor support or no opposition to the variance from anyone. Mr. Driscoll replied he is not aware of any movement of this kind. Mr. Driscoll said variance criteria are controlled by statute. Mr. Driscoll said one possibility would be to redraft the statute which would require the City to address the Association of Washington Cities and ask them to propose this type of legislation where under special circumstances when there is no opposition, a variance could be granted, even though all of the criteria are not met. The Council thanked Mr. Driscoll for his report. EDMONDS CITY COUNCIL MINUTES Page 3 November 26, 1991 AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH YEASTING AND HUGHES ASSOCIATES FOR WATER RATE STUDY ($2560) Art Housler, Administrative Services Director, told the Council the City has not studied the water rates since 1983, nor has the City raised the water rates since then. Mr. Housler said Peter Hahn, Community Services Director, and a himself met with Yeasting and Hughes in October to go over the scope of the water rate study. Councilmember Jaech vividly recalled the hearing that was held at the local high school in 1983, as did other Councilmembers, with regards to water rate increases. Councilmember Jaech said it was her recollection that it was decided by the Council to make very gradual rate increases each year, and asked Mr. Housler if those gradual rate increases were implemented and Mr. Housler replied no implementation has taken place to date with regards to rate increases for water. Councilmember Jaech noted the public was quite upset in 1983, and it is her hope the City implements a gradual increase so it doesn't come out as a major shock to the citizens. Peter Hahn, Community Services Director, concurred with Councilmember Jaech and said that is the same approach he would like to see. Mr. Hahn noted the major increases faced by City of Edmonds are in wholesale water rates from Seattle and the City of Everett, as well as increased labor costs. Councilmember Dwyer asked Mr. Housler what the purpose of the study is, and Mr. Housler replied it would review the financial condition of the utility, and look at the rates compared to the services that are provided for those rates. Mr. Housler said this in turn would ultimately formulate into a proposed rate restructure if necessary. Mr. Hahn said the study would address the issues of setting a rate which would recover costs and also to determine a rate, if necessary, to reflect the seasonal changes in the wholesale costs. Councilmember Kasper interjected that the City had reduced water rates this past summer. Councilmember Dwyer asked Mr. Hahn what decisions are the City going to be able to make based on the information supplied by the study, and Mr. Hahn replied the study would provide all the information necessary to adjust the City's water rates if necessary. Councilmember Nordquist noted Mr. Hahn's memo stated an appropriation required of $2560; however, in the contract, Yeasting and Hughes wants to be able to go up to $3600 without an amendment to the agreement. Councilmember Nordquist asked Mr. Hahn if funds were available if this was to go over the $2560, and Administrative Services Director Art Housler replied affirmatively. Mr. Housler stated the $3600 is the high range and he does not expect to reach that point. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AUTHORIZE THE MAYOR TO SIGN AN AGREEMENT WITH YEASTING AND HUGHES ASSOCIATES FOR A WATER RATE STUDY NOT TO EXCEED $2560. MOTION CARRIED. CONTINUED 1992 BUDGET WORK SESSION - REVIEW OF ANY ACTIONS TAKEN IN REGARDS TO REVENUE AND EXPENDITURES DURING SPECIAL COUNCIL WORK SESSION ON SATURDAY, NOVEMBER 23, 1991. The Council reviewed actions taken at the November 23rd Council Work Session. Mayor Naughten stated the budget is short due to the fact the EMS levy failed and underestimation of revenues. Mayor Naughten explained the City is short on projected revenues in sales tax, liquor tax, and permit fees. Mayor Naughten noted the revenues were underestimated at approximately $250,000. The Council further decreased the budgets in the following areas: MAYOR'S DEPARTMENT Travel: $3,780 budget was further decreased to $2,500. The Council agreed travel for the Mayor's Department would only include AWC participation in 1992. It was noted that all travel for the Mayor was to be cancelled for the remainder of 1991, and all travel for 1992 to be discontinued, with the exception of AWC. Miscellaneous: $4250 budget was decreased to $3500. Personnel Department Travel: $750 budget was further decreased to $350. EDMONDS CITY COUNCIL MINUTES Page 4 November 26, 1991 Municipal Court Travel: Travel budget was reduced $300 further. The above budget decreases amounts to a $2230 savings realized in the revised 1992 Budget for the Mayor's Department. ADMINISTRATIVE SERVICES DEPARTMENT The Council reviewed the proposed budget cuts and made no further changes at this time. Councilmember Palmer asked Mr. Housler to review the City Clerk budget with respect to postage, as it was noted the proposed increase by the postal service was not approved, thus making it possible to decrease this line item in light.of that fact. The Council discussed Mr. Steiner's request for a salary increase. It was noted his salary increase request amounted to more than what the City will be allowing for the non -represented employees, and it was the consensus of the Council to allow Mr. Steiner a 5% salary increase, which is in line with the non represented employees. Because of the late hour, the Council decided to continue review of the Police, Fire, and Community Services 1992 Budget on Monday, December 2, 1991 at 7:00 p.m. The meeting will be held in the Community Services Conference Room, if available. MAYOR Mayor .Naughten referenced a liquor license application from Bua Restaurant. Councilmember Palmer expressed his concern over this as the cover letter indicated the owners do not speak English very well, and thus they might have problems enforcing and understanding the liquor laws. It was decided to review the matter further before a denial or approval is given. Mayor Naughten called for a 10-minute Executive Session at 9:55 p.m., and the Mayor and Council adjourned thereafter. THESE MINUTES ARE SUBJECT TO DECEMBER 10, 1991 APPROVAL. THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. '<:];ii�JMARCH, ITY CLERK L S. A EN, MAYOR EDMONDS CITY COUNCIL MINUTES Page 5 November 26, 1991 AGENDA' EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. NOVEMBER 26, 1991 WORK MEETING - NO AUDIENCE PARTICIPATION nAt 1 TA Annrn FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 19, 1991, (C) ACKNOWLEDGEMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM STEVEN E. GREENBAUM ($269.44) (D) AUTHORIZATION TO PURCHASE LANIER ADVOCATE IV RECORDING SYSTEM FROM STATE CONTRACT FOR PLAZA MEETING ROOM ($6,139.27) (E) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH SHELDON & ASSOCIATES FOR WORK ON CRITICAL AREAS ($7660) (F) ACCEPTANCE STEMM CLAIM EF0TEN-FOOT STREET AND NANCYDENSONAT19017SOUNDVIEWPLACED ICATION FROM NICK(CONT'D FROM NOV. 19, 1991) (G) ACCEPTGOGERTA&CE OF SONS,4UIT 1NC.CAT116406DFOR 75TH PL. W. �CONTEDSTRETFROMDEDICATIONOV. 19, FRO 1991) (H) ACCEPTANCE CLAIM F FROM PHILIPZEVENBERGEN AT9121 BOWDOIN WAY (CONTSRDEDICATION DFROM NOV. 19, 1991) (I) PC&ELTANCE OF ENTERPRISESTATLAIM 7632DEED 230THOST. S.W. �CONTEDSTRETFROMDEDICATIONOV. 19, FRO 1991) 2. PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE AMANDA FOOTE 3. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY 4. ANNUAL REPORT FROM HEARING EXAMINER JAMES DRISCOLL 1 5. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH YEASTING & HUGHES ASSOCIATES FOR WATER RATE STUDY ($2560) 6. CONTINUED 1992 BUDGET WORK SESSION - REVIEW OF ANY ACTIONS TAKEN IN REGARDS TO REVENUE AND EXPENDITURES DURING SPECIAL COUNCIL WORK SESSION ON SATURDAY, NOVEMBER 23, 1991 7. MAYOR 1 8. COUNCIL THE PUBLIC IS INVITED TO ATTEND (5 MINUTES) (20 MINUTES) (20 MINUTES) (10 MINUTES) (60 MINUTES) PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE