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19811208 City Council Minutes356 December 1, 1981 - continued. Councilmember Kasper said he sees�a man in a wheelchair who has to go out into the street through a driveway at 5th and Dayton because.the.curbs have not been modified for wheelchairs there (the northwest corner), and he asked that -this be remedied. City Attorney Wayne Tanaka advised that the.County Council has hired their firm on a case -by -case basis, just on matters they refer to.them, so there could be a time when the firm would have to withdraw from both sides, if it were a conflict between Edmonds and the County. There was no further business to come before the Council., and the meeting adjourned at 11:00 p.m. 4 i IRENE VARNEY MORAN City Clerk HARVE H.;HARRISON, Mayor December 8`, 1981 - Work Meeting The regular meeting of the Edmonds City Council was called to order at 8.:05 p.m., following a budget work session, by Mayor Harve Harrison in the Council Chambers of.the Edmonds Civic Center. All _ present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor Jack Mitchell, Public Works Superintendent • Katherine Allen Jim Adams, City Engineer Ray Gould Irene Varney Moran, City Clerk Larry Naughten Art Housler, Finance Director Laura Hall Jeff Ristau, Accounting Supervisor Jo -Anne Jaech Marlo Foster, Police Chief Bill Kasper Ron Schirman, Asst. Fire Chief John Nordquist Mary Lou.Block', Planning Director Marc Gluth,, Student Rep. Jim Jessel, Parks & Recreation Director Wayne Tanaka, City.Attorney -. Jackie.Parrett,'Deputy City Clerk CONSENT AGENDA COUNCILMEMBER ALLEN MOVED, SECONDED.BY COUNCILMEMBER KASPER, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items.on the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of -December 1, 1981. (C).'Acknowledgment of receipt of Claim for Damages from Peter M. Lukevich in the amount of $125. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER JAECH,TO MOVE THE "COUNCIL" PORTION OF THE AGENDA TO THE'POSITION FOLLOWING "MAYOR." MOTION CARRIED. MAYOR Mayor Harrison advised that David Kinderfather had resigned.,from the Architectural Design Board and had recommended Roger Fincher to complete his term. Mayor Harrison concurred in the recommendation and appointed Roger Fincher. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER ALLEN TO INTER- VIEW ROGER F.INCHER ON DECEMBER 22, .1981 AT 6:30 P.M. MOTION CARRIED. The Personnel Committee will meet that evening at 7:00 p.m.. It was requested that the,Council be furnished background informa- tion on Mr. Fincher. Mayor Harrison announced .the presentati,on,of a program entitled "Main St.,, U.S.A.," scheduled for the Chamber of Commerce meeting on Thursday, December 17,.at Abigail's Restaurant, at 8:30 a.m. This is a discussion of preservation and revitalization ideas for downtown.areas, a service of the Washington State Planning and Community Affairs Agency. Mayor Harrison referred to a recommendation from the Finance Director to authorize.Cliff Jackson.to proceed on detail design of the.Civic.Center renovation at.a cost not to exceed $2,000, to be paid. from interest earnings of the Library Construction Fund No..336. This item was deferred until the budget discussion. Mayor,Harrison asked City Attorney Wayne Tanaka to report on'the negotiations with Roger Hertrich for his portion of the SR.524'right=of-way: Mr. Tanaka said.he had met with Mr. Hertrich and conveyed the Council's offer. Mr. Hertrich is willing to accept $7,000 (the Council offered $6,000) for the right-of-way and -he would grant slope.easements if.necessary. The Council decided to have an Executive Session following this evening's meeting to discuss this. COUNCIL Councilmember Jaech said she had received a citizen suggestion that the Council establish criteria for the various board appointees such as demonstration of interest in the City, location of resi- dence, occupation, age (to encourage more younger participants), and ability. It was also suggested 357 December 8, 1981 - conti.nued that interviews of the applicants be open to the public so the public.can ask questions. She said it should be stressed to.applicants that there is a lot of work involved so if they accept an appoint- ment'they should expect that it will'in'volve learning and time. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER JAECH, TO PLACE A DISCUSSION OF CRITERIA FOR BOARD MEMBERS ON -THE JANUARY 5, 1982 AGENDA. Mayor Harrison commented that this proposal would slow down the process because they will have to -.reach out to find people, but he said the Council could partiicpate'in this. MOTION CARRIED. COUNChLMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER..JAECH,'-'THAT.''A:iBUDGET+WORK::SESSiON' BE SET FOR DECEMBER 22, 1981 AT 6:30 P:M. MOTION CARRIED. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT ELECTION OF THE COUNCIL PRESIDENT FOR NEXT YEAR BE SCHEDULED FOR JANUARY 55 1982: MOTION CARRIED. Councilmember Jaech stated.that some questions had been asked about the Council's decision on Dr. Mayo's remodel of the.Fourtner Building. She said she had done some research and found the following: Dr. Mayo.has an applicationfor a building permit which must'be submitted by December.23, 1981 to vest his rights under the old Code. He has to submit at that time the parking covenant to the City, . the''$15,000 promissory note for in -lieu parking, and completed building plans. When these are submitted he can get a building permit and then he has 180 days in which to start work on the building. If for some reason he cannot start within 180.days he can apply for a six-month extension and if he does start his building before.it runs outbut does not get the building finished he can then apply for another one-year.automatic extension. That will give a total of two years on.the existing permits, and if he should not get.i.t done in the second year but is working'o'n it he could get another extension. Councilmember Jaech felt he had.more or less been given an open-ended extension in which to provide the parking spaces and she also felt that he had not made a conscious effort to get everything lined up, so she thought the covenant.should.be submitted to the Council for review before it is given to him for signature. She felt the laws were being bent for one individual and that it was not right, especially when he has not made any effort of his own. She named other developments which had provided the necessary parking and said the Code should be applied io.Dr. Mayo the same as it has been -for everyone else. City Attorney Wayne Tanaka stated that the.permit must be issued by December 23, so he must get the information in to the staff in time for them to review it by that date. Mayor Harrison thought there had been occasions when the application was in by the deadline and that was accepted, but Mr. Tanaka said in this case it is a matter of the Code changing and Dr. Mayo -made,�app4l-i ca,ti.6n,l efore the new Code went into effect. He said that given the fact that the City has made a policy determination to have land use and structures organized in a certain way, the way his office would tend to look at it would be if one loses vested rights one would have to start allover. Mayor Harrison said another question was whether a fast track appli- cation would be honored. Planning Director Mary Lou Block said they had issued foundation permits separately but that was all, and City Engineer Jim Adams said the same. Councilmember Gould asked whether it would be proper and what -had been the*City's past practice. Councilmember Kasper responded that when fast tracks had been made they had been done on the basis that they were complying with the Code and were doing fast tracks because -of the weather, and there was no change in the Code. Natalie Shippen, in the audience, said the plans usually have to be ready before the building permit is given and that it had been indicated that an ordinance change or variance would be necessary to exceed the due date. She said items 1 and 2 of Dr..Mayo's letter did not constitute a parking plan; yet he -was given an indefinite period of time in which.to comply.' She asked why the parking plan was'not required at the same.time as the structural plan. Mr. Tanaka stated .that this was a remodeling °situation and the granting of the in -lieu parking and the leasing agreement constituted the parking plan: Mrs. Shippen insisted that a parking plan -layout had been required of other developers and should be required in this case. Mr. Tanaka said in other instances where people have run into such problems and when there has been good reason to believe the person would perform, the City has accepted other things. He -noted that in the case of a subdivision the person can bond for a road, and he'said this was similar to a bond as there is assurance that certain things will be done or the applicant will not be able to occupy certain portions of his building, so from that point of view it is not unprecedented. Mrs..Sh-ippen stated that Dr. Mayo also could not meet the 300' requirement • and'asked why he was getting this particular special privilege. Mr. Tanaka responded that this was no different from others in terms of being open-ended as any person can apply for an extension. Councilmember Gould said he accepted -as' a plan the statement that Dr.,Mayo will lease so many spaces and pay into the'ih-lieu"fund for so many. Councilmember Naughten added that the develop- ments referred to that were required to provide parking layouts were new from the ground up, whereas this was a remodel. He said Dr. Mayo was not getting away with anything, that his doors will not open unless the parking is provided and there are economic forces which will make him get the work done. Councilmember''Jaech did not believe in two or three years if the parking.were not provided that he would be prevented from opening. A question was asked as to how long the leases would be, and Mr. Tanaka said they would have to be in perpetuity unless -the space is provided somewhere else. Planning Director Mary Lou'Block advised that what would be required by December 23 in order to get the building permit was all the plans that are necessary to complete the construction of the building, and there would be no fast track in this case. Mrs. Shippen noted that in his letter Dr. Mayo had asked for an extension of time, and Mr. Tanaka>'sai:dac:that would take an ordinance and that had not been done and nothing was scheduled to do so. COUNCILMEMBER JAECH-MOVED, SECONDED BY COUNCILMEMBER ALLEN, THAT THE COUNCIL SEE THE COVENANT FOR PARKING SPACES THAT IS BEING DRAFTED PRIOR TO ITS BEING SENT TO DR. MAYO FOR SIGNATURE.. MOTION CARRIED. Councilmember Gould asked for a "tight package" to give them the best possible assurance that the builder understands the requirements clearly. Councilmember Jaech referred to last week's vote which resulted in the Council's not confirming the appointment of Gordon Hey.to the M.A.A. had position, and she said.she voted against the man and not against the position of M.A.A., and she still felt an M.A.A. was needed as an administrator. She said there appeared to be a difference amongst the Council as to the definition of an M.A.A. and some felt a Personnel Director is.needed, but she felt it should be an M.A.A. She said to her a Personnel Director was.a person who drafts job descriptions, posts notices of vacancies, does preliminary screening of applications, administers the health plans --but does not manage people. An Administrator-, however, is charged with the duty of actively managing those human resources within the City'and is charged with obtaining productivity and does the evaluation, and it is his responsibility to see that the job goals are accomplished. Further, he coordinates between the various departments • and the Mayor, and his job has a larger responsibility than that of a Personnel Director. She felt 358 December 8 1981 - continued that Georgia LaBelle already was doing the functions of a Personnel Director. Councilmember Hall agreed that the M.A.A. is all encompassing, rather than just being a personnel person. Council - member Allen offered a compromise, suggesting a Director of Administration who would take care of personnel and other day-to-day things but not necessarily have all the department heads reporting to him as they would ultimately be responsible to the Mayor. She thought that in light of.the budget crunch they might hire somebody at a lower salary. Councilmember Hall responded that it sounded like a "band -aid" measure. She asked what had changed inasmuch as the Council has required until recently that an M.A.A. be hired. Councilmember Allen said.the budget projections of income are different from what they were a month ago. Councilmember Naughten said he could not see a City of this size being sacrificed in the area of top management, and he.thought a good M.A.A. could pay his own salary just in efficiencies. Mayor Harrison reminded the Council that there is a State.ordinance covering how the City will be run and the best they could do in describing an M.A.A. would be to fit the position to that ordinance, but by trying to make him the administrator of the City a conflict.was.created with which that person would not be able to live. He stressed that the Mayor.can be as dominant as he wishes and can completely lock the hands of the-M.A.A. He said a Mayor may wish to delegate everything, and the next one may do that; but this one would not. Councilmember.Gould agreed that the law states the M.A.A. serves at the pleasure of the Mayor. Mayor Harrison then advised the Council not to try to create somebody who will be a. -decision maker because that will not exist under his administra- tion. Councilmember Gould agreed that the Council has to recognize that the person will work under the Mayor's direction. Councilmember Allen suggested that the job description be in the packets and be reviewed before the next meeting, and she thought it not necessary to discuss it unless there are questions. She did not want to -hold up the process of selection. Councilmember Naughten.clarified the Council's position, that they want an M.A.A. and that the search for one should be pursued.. Mayor Harrison advised that he",would not advertise again'and he asked that any recommendations be submitted to him. Councilmember Naughten said he had received some telephone calls complaining about the intensity of the new lights on the playfield across the street. Parks and Recreation Director Jim Jessel said this was the first night for the lights to be in service and to see how they are aimed, and the next day a snorkel would be used there to re -aim them, and some of the lights may have to be turned off. He said the people who live directly on the playfield should expect that the lights will be on again and that this had been a playfield for more than 40 years" with the lights being there 35 years-- although they were not adequate. He noted that they had sacrificed height in the poles because a whole new level of people would have had to look at the lights on taller poles, but because the poles are shorter the angle of light i.s different. He said the impact will be lessened when the angle is changed and they will get it down to a minimum -impact. The hours the lights are on are 5:00 - 11:00 p.m. and they automatically go off at 11:00 p.m. Councilmember Hall said she had.received a call from a citizen who was going home from nursing duty one night and was involved in a.problem in the Westgate area .and she was followed by two cars so she drove to the Police Department and found no one there. Councilmember Hall thought there should.be someone on duty there and that the person on duty should be one who carries a weapon, not just a clerk. Councilmember Nordquist noted -that Council committees were to be reviewed on January 12, and he said some of the committees meet before that time. The confusion was clarified in that the January 12 item will be to.evaluate the structure.of the City Council Committees, not those committees to which individual Councilmembers are appointed by the Mayor. COUNCILMEMBER NORDOUIST MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, THAT ON DECEMBER 22, 1981 THE COMMITTEE APPOINTMENTS BY THE MAYOR BE REVIEWED. MOTION CARRIED. Councilmember Jaech noted that the Planning Director had suggested that the City Council pass a resolution commending the Union Oil Company for the donation of the marsh property to the City. COUNCILMEMBER,JAECH MOVED., SECONDED BY, QOUNCILMEMBER GOUL,D, THAT.THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION COMMENDING UNION OIL COMPANY FOR ITS GENEROUS DONATION OF THE UNION OIL MARSH • PROPERTY TO THE CITY OF EDMONDS. Councilmember Kasper noted that there are no provisions for access for utilities and he asked if such.a provision was necessary. City Attorney Wayne Tanaka responded that there can be no permanent structures on the.property, including roads. MOTION CARRIED. BUDGET WORK SESSION - INCLUDING DISCUSSION OF.WATER/SEWER RATES The Council resumed the budget work session which had begun prior to the regular meeting. Council - member Nordquist left.the meeting at this time, 9:30 p.m., Councilmember Jaech left the meeting at 10:05 p.m. Another budget work session was scheduled for.Sunday, December 13, 1981, from 1:00 to 5:00 p.m. The meeting adjourned at 11:05 p.m. The Executtive Session which had been set earlier , was not held. ­2 IRENE VARNE MORAN, City .1 rk HARVE H. HARRISON, Mayor