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19831213 City Council Minutesa + 279 • December 6, 1984 - continued they would decide this in any particular way before returning to the hearing. COUNCILMEMBER NORDQUIST MOVED,,SECONDED BY COUNCILMEMBER GOULD, TO CONTINUE. THIS ITEM TO DECEMBER 13, 1983. MOTION CARRIED. Regarding -the next meeting, Mr. Tanaka advised the Council that all the evidence is before them and they can, if they desire, reopen the hearing on December 13, but if they do not wish to reopen the hearing they can ask questions.of.a.strictly technical nature of the staff.. However, if they ask questions of the applicants or the appellants that would be opening the hearing. He added that the checklist submitted by the applicant should be part of the record. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO MOVE THE LAST THREE ITEMS ON THIS EVENING'S AGENDA TO DECEMBER 20, 1983. MOTION CARRIED. (Those items were: Report on request from Youth Club for reduced rent on space at the Anderson Center, Report regarding the walkway on 176th, and Discussion on Insurance Pool.) MAYOR Mayor Harrison requested passage of two resolutions commending certain individuals, said resolutions to.be presented at the City's holiday party. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST TO PASS RESOLUTION 569 COMMENDING GORDON HYDE FOR HIS EXTRAORDINARY EFFORTS AS LOANED EXECUTIVE FOR THE UNITED WAY CAMPAIGN,.AND TO PASS RESOLUTION 570 COMMENDING CHUCK CAIN FOR HIS OUTSTANDING SERVICE TO THE COMMUNITY. MOTION CARRIED. Mayor Harrison called attention to the letter from the South County Chamber of Commerce commending the City for steps taken toward mitigation of sign code problems along Highway 99 and offering Chamber assistance in resolving the concerns. Mayor Harrison noted that there will be a retirement party on.December 12 for Alby Albright of Fire District 1. . COUNCIL Councilmember Gould provided his suggested process for organizational change. He suggested three steps: (1) Development by the Council of guidelines for organization restructuring, suggested completion date of February 28, 1984. (2) The Administration to.formulate its thinking regarding a desired organization, and check this against the Council guidelines, suggested completion date of April 30, 1984. (3) The Council and Administration to review, discuss, and reach consensus as to the organization, suggested completion date of May 31, 1984. As to guidelines, he offered some thoughts: (1) Assess the number of levels or layers of the organization from the Mayor to the working person, allowing no more than four levels. (2) Broaden the span of control. Establish a goal to be reached within five years calling for the ratio of hourly employees to salaried employees at 8:1. (3) Reduce the total number of employees through attrition. Find ways to do more with less. Councilmember Kasper said it is urgent to get the insurance pool matter resolved and that it should not be delayed until December 20. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER GOULD, TO MOVE THE INSURANCE POOL ITEM TO THE DECEMBER 13 AGENDA. MOTION CARRIED. Councilmember Gould noted that a budget work session is necessary this week, and after deliberation it was decided to have it on Saturday, December 10, at 8:00 a.m., in the Community Services Conference Room. (This later was cancelled because not enough Councilmembers could be present.) Regarding the interviews of the candidates for City Council, it was decided that they would be scheduled every 20 minutes, beginning at 8:00 a.m. There was no further business to come before the Council, and the meeting adjourned at 12:20 a.m. IRENE VARNEY MORAN, City Jerk HARVE H. HARRISON, Mayor December 13, 1983 The regular riieeting of the Edmonds City Council was called to order.at 7:35 p.m. by 'labor Harve Harrison in the Plaza Meeting Room PRESENT of the Edmonds Library. All present joined in the flag salute. STAFF PRESENT Harve Harrison, Mayor Irene Varney Moran, City Clerk Jo -Anne Jaech Art Housler, Finance Director Laura Hail Mar; Lou Block, Planning Director John hordquist Pat'LeMay, Personnel Director Larry Naug.hZen Dan Prinz, Asst. Police Chief Ray Gould Bill Kasper Jack Weinz, Fire Chief Bobby Mills, Acting Public Yorks Suet. Wendy Wahl, Student Representative Jim Jessel, property Manager Wavne Tanaka, City -Attornev Jackie Parrett, Denuty Ci t'i Clerk CONSENT AGENDA I -.ens (D) and IN were removed froni the Consent .Agenda...._000NCILMEMBEP GOULD. MOVED, SECONDED PY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA.- MOTION CARRIED. The approved items.on the Consent Agenda included the following: 280 December 13, 19L'3 - corli l!,.,E • (A) .Roll call. (C) Acknowledgment of receipt of Claim for Damages from. Kathryn A. Johnson in the amount of $180. (D) Set date of December 20, 1983 for hearing on appeal of Hearing Examiner decision on variance at 8525 Talbot Rd. (V-12-83) (Appellants: Cooper and petition) (E) Set date of December 20, 1983 for meeting with petitioners for proposed annexation of area north of 225th P1. S.W., south of 222nd S.W., and west of 76th Ave. W. (AX-6-83) (F) Final acceptance of work by Canem Systems, Inc., for traffic signal at SR 104 and 226th St. S.W., and setting a 30-day retainage period. (G) Final approval of 3-lot plat at 234th St. S.W. and 77th Ave. W. (MRM Addition/ P-6-83) (H) Passage of Resolution.571, commending Ward Phillips. (I) Passage of Resolution 572, commending.Cross Country Team of Edmonds High School. (J) Passage of Resolution 573, commending Student Representative Wendy Wahl. APPROVAL OF MINUTES OF DECEMBER 6,.1983 [Item (B) on Consent Agenda] Councilmember Jaech said she wanted to indicate that she did not feel she could vote on the Minutes because she was not present during the hearing regarding the 555 Walnut Associates Condominium. She noted that in reading the Minutes she discovered that everyone who was going to testify in that hearing was sworn in, and she asked the reason for that. City Attorney Wayne Tanaka explained that recent State law requires, with regard to administrative appeals of SEPA determinations, that all witnesses be sworn, and one of the appeals in that hearing was of the SEPA.threshold determination. Councilmember Gould stated to Councilmember Jaech that it appeared.to him that the Minutes were accurate because she was present.for the rest of the meeting and the Minutes say she left and did not take part in that hearing, so she should be able to approve the accuracy for the part where she was present. She said the Minutes do not indicate when she returned and there was some activity after that particular hearing... Councilmember Kasper noted that on page 9, approximately half way down the page, where it says ". . . across 5th Ave. is RS-6," that should be corrected to "6th Ave." COUNCILMEMBER KASPER THEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (B) ON THE CONSENT AGENDA WITH THAT CORRECTION. MOTION CARRIED, WITH COUNCILMEMBER JAECH ABSTAINING. REPORT ON BIDS OPENED DECEMBER 5, 1983 FOR.PORTABLE AIR COMPRESSOR Item K on Consent Agenda Councilmember Gould noted that the Acting Public.Works Superintendent had provided an addendum this evening to the report on bids in which he explains the pace air feature is on the compressor that is. proposed to be approved. It is a feature that allows the engine to run faster when you need more air, and he asked if, when the specifications were sent out, the bids required an air compressor of a certain pressure rating and cubic foot pressure capacity or was there a requirement for the pace air feature. Mr. Mills responded that they had asked for 100 pounds per cubic foot which will run one jackhammer, but 125 will run two. This exceeded what the specifications required. Council - member Gould asked why the bid should be awarded which gives a feature beyond what was asked, and Mr. Mills said the City will be getting the additional benefit for the same cost, and if they had asked for this they would have gotten a bid well in excess of what they got. It did not seem fair to Councilmember Gould to give the bid to someone for a compressor that will run two jackhammers instead of one. Mr. Mills said this one has an additional $506 of options, and Councilmember Gould said if everyone was given the same opportunity it would bedifferent, but he did not think this would be fair. Councilmember Kasper noted that the bidder was the low bidder for the other com- pressor also but.gave this option. Councilmember Gould stated that if Mr. Mills really wanted an air compressor to handle two jackhammers the bid should say so, and he thought the bids should be put out again. Councilmember Nordquist agreed that if the recommendation was for the heavier duty piece of equipment, it should be rebid. THEREFORE, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER GOULD, TO DENY THE BID AT THIS TIME AND REBID FOR THAT SPECIFIC PIECE OF EQUIPMENT. Mr. Mills asked to carry over into 1984 his funds for that purpose. THE MOTION CARRIED. Council - member Gould stated that it was his intent that the funding should be carried over and used for that purpose, and there was agreement from the Council. Councilmember Nordquist asked for an Executive Session on a personnel matter following this evening's meeting. In conjunction with Item (H) on the Consent Agenda, Mayor Harrison read a news release regarding the Memorial Street Tree Fund and then read aloud Resolution 571, commending Ward Phillips for creating the concept of the fund and for his gift of $5,000 which will perpetuate the program and make it possible for citizens to buy a tree as a living memorial to a friend or loved one. He then presented the resolution to Mr. Phillips. In conjunction with Item (I) on the Consent Agenda, Mayor Harrison then read aloud Resolution 572, commending the 1983 Edmonds High School Boys and Girls Cross Country Teams, which was presented to Kirby White, Jr. Kirby White, Sr. said the boys' team had gone to Fresno to the Junior Olympics and one took first place and all eight won third place, with four winning medals and four winning ribbons. There were 150 entrants in the event. In conjunction with Item (J). on the Consent Agenda, Mayor Harrison read Resolution 573, commending Wendy Wahl for her service as a student member.:of the Edmonds City Council from September 1983 to December 1983, and presented it to Ms. Wahl. 1 I., 1 1 28 • December 13, 1983 - continued Mayor Harrison then read a proclamation proclaiming James F. Riecken as 1983 Volunteer of the Year acid cited tl;e various community service activities in which fir. Riecken had been involved. He,then presented the proclamation to Mr. Riecken. HEARING 1C.'J�TI UED FRO CECcf�?ER 6) ON APPSAL OF ?.UB DECISION C-N �55 WALNUT aSSCCIATES CONDOMINIUM AND ?-';PPEEAL OF. SEPA THRESHOLD DETERMINATION (APPELLANTS: JAECK, YOST, C'OFSON, ERADLEY) * Councilmember Jaech stated that the City Attorney informed her that since she lives across the street from the subject project she cannot sit on the Council during the hearing and that she could not hire anybody to represent her for the hearing. She asked Hr. Tanaka 'to explain this, sayie,g she had received inquiries about it. Mr. Tanaka said t:,eat under State law Vhere is the Appearance of Fairness Doctrine which requires `;.hat proceedings have to appear fair as well as be fair and certain people are precluded from participating in certain.decisions as was before the Council if they have certain types of involvemen-ts with the various parties, and since Councilmember JaecL-: lives across the street from the property under discussion and would be directly affected by this, it was ;his opinion that she should not serve on the Council on this decision, and if she did there was a possibility that the entire proceeding could be voided. He advise., her that she could not have anybody. represent i-,er because she was in effect. appearing before a City board which is set out in Section 1.14.040 of ti.-,e City Code, which is the City of Edmonds' own conflict of interest ordinance. He said his requirement that she leave the room was perhaps an abundance of caution or his part, but V-ere was a case w!lere one of -she members who was disqualified sat in the front row and it was alleged that he was at�temrting to .influer.ce the body through gestures. Ile was not suggesting that Councilmember Jaech would jo that but to preclude anyone from even suggesting t'i:at, he required that she leave the rocm because if she was out of the room she could not be making signals of any kind. Councilmember Jaech, asked if there i-,ad been any tests in courts were a person because of election to public office had lost the ability to protect his own home. Mr. Tanaka said', that public officials, because of the doctrine, lose some of the rights citizens i:ave to participate in decisions such as •. this, and he did not think it was beyond. question that she as a pueLlic official r:ould lose some of her rights to contest these- matters wilen it involves things such as -this. But if she were -to participate the City would run the risk of having the whole decision overturned. Fe noted that there was also the question of whether she had made up her mind on this issue and whether a person sitting in the audience could determine that, in fact, she was keEpin an open mind and, would ccnsiaer all the evidence and vote as the evie,.Ence and ordinance provide and :not because of a preconceived idea. She asked if somebody were approached from a business standpoint on a project, would that also be an Appearance of Fairness problem or a conflict ofinterest. Hz, said it would depend, and he ^,are some examples, but said there is a State' law that proi-ibiis any Council member from having any interest ,In any contract that comes before the City, and i n. a small city where everyone knows a lot of People and has business dealings, -it is a hardship, and the legislature has addressed that to a certain, extent in recent legislation. In her ;--articular cease it was his opinion that there .vas very 1 i ttl e question t1at she could not ?articirate in this. She said she had a lot of people ask her about this, so she wanted him to explain so everyone would understand. He said if she was intending to raise specifics about ti1is particular matter she should not participate any further, and if t!;e issue was rai std by other people it would be discussed at that time, and she obviously could net control what her husband says. He asked her not, to participate any fur•trar, and she left the room. Councilmember Gould said he had some thoughts about his own relationships with people involved in this project. He had discussed this with the City Attorney and wanted to discuss it now. He said he has friends on both sides of this issue, which makes it a very difficult issue on whits, to decide, and he knows both of the Jaechs and contributed to Councilmen*oer Jaech's campaign. Clarice Defsen is another appellant and her husband and Councilmember-Gould are old friends from high school. He knows Mike Echelbarger very well as -;;hey are in Rotary together and have worked closely together when Councilmember Gould was Rotary President and i!r. Echelbarger was in charge of the Paine Field Air Show, and furl, der, Councilmj3rrber Gould has asked. Mr. Echelbarger to help his wife -in her political campaign. However, Councilcember Gould said he did not feel -those relationships should cause him to step down under the Appearance of Fairness Doctrine. It was his feeling that no matter how hard it was for him to decide, it is his job to do it and he wants to do it;. Mr. Tanaka asked him if his friendship with Mr. Dofsen is casual, social, or what, and he responded that he sees him occasionally at church and:that is about it. --very I imited social contact, although he did go to the funeral of Mr. Jofsen's.'rather. Mr. Tanaka askeJ him if he was a social friend of ;4r. Echelbarger outside of Rotary, and he said !1e is not. Councilmember Naughten said ire shares the same probler;1 as he has a lot of friends on the appellants' side and lost of them worked on his campaign, some even being shirt-tail relatives. On the other side, the Ecnelbargers have supported him in the past and he said he believes the things trey have done in the commun i tv ►lave been of quality. He shared a lot: of Counci lme,nber Goul d' s feelings, but he said he has to doVt1e job. 1r. Tanaka noted -that State law states that a candidate for public office who provides for all provisions of public disclosure shall not be prevented from accepting campaign contributions and it is not- a vioiattion of the Appearance of Fairness Doctrine. He asked if anyone in the audience wished to raise objection to the continued participation of Councilmembers GouldorNaughten, and no one did. Phil Carter, attorney for 554 1Jainut Associates, said he had been informed that Mike Echelbarger is not a participant in 555 iJal nui St. Mr. Tanaka then said that Planning 7�irector Mary Lou Slock had advised him that some of the Council- members.had contacted her to seek specific information that was not clear at the hearing, and he asked 'her to decl_,rE that ienforial;ion. Sne noted that the Council was advised last week that they could contact the staff for teci.nic:al information. She had spo!,e,n with Councilmembers Kasper, Nord!quist, and Naughten on tl;e 'topic of specific building heig;;t for this building which she indi- cated ;�;as determined to be .25' , and. s'l�e was asked what were some of the other height of buildinus in the. area. She said, the Heritage House is 35' but she did not have the in';ormation immediately .;available.on .the Commodore and.hiariner. The question was raised as to vehicle trips per unit and - she said 5,.6.per unit is the standard, for a total of 84 trips daily, but that was 1976 standards and in 1979 that has been.revised to 5.1 for a total of 77. She had been asked for a definition of "view" from Councilmember Nordquist, which she said is water, mountains, ferry dock, etc., and she • *See December 20, 1983 Minutes 282 December 1.3, 1983 - continued • noted that the applicants did indicate.in their testimony that they did not block views. She said that was generally the gist of the discussions as she recalled them some time after they took place. Councilmember Hall asked to what extent social contacts were considered. Mr. Tanaka said acquaint- ances were not grounds, in his opinion, for an Appearance of Fairness violation, whereas a close friend with whom you have contact would have to be a violation, but just because you.know somebody from church or business or go to a party or they may have worked on your campaign, in his opinion that is not enough, and there obviously is a gray area. Councilmember Nordquist said last week his wife and he had dinner at the Chopsticks with Council - member Jaech and her husband, and Councilmember Hall was at the next table with the Fire Chief and his wife. Also, he said one of the reasons he had called Ms. Block was to try to decipher the plan which was provided in last week's packet on this subject, and he displayed the drawing. Mr. Tanaka asked if anyone at this time had any objection to any specific Councilperson's serving on the Council in this matter, and none was voiced. Mayor Harrison noted that the hearing was closed at the last meeting and there was an expression by some of the Council that they wanted to have time to review the material. Councilmember Nordquist said he had reviewed all the documents and had read Chapters 12 and 15 of the Code, the minutes of the ADB meeting, and the minutes from the last Council meeting, and he had reviewed the plans, and his findings were that the plan as presented to the Council last week had no fault, other than he had.the question of view blockage and that was brought up by Ms. Block as to what view is. He felt that the project appeared to be large but that it complies with the City codes. Councilmember Gould suggested discussing the SEPA appeal first. Mr. Tanaka noted that the memo his office prepared on November 30, 1983 should give them the criteria on which to focus, and they should make findings and give reasons for their vote, and the significant question was whether it does have a significant adverse impact on the environment. Councilmember Hall noted that the Council had received in their packets a brief that they did not have at the last meeting on Magne Hagen, and Mr. Tanaka said the attorneys for the appellants submitted one copy at the hearing last week and asked that copies be distributed to the individual Council members. Councilmember Gould said he had read the response Ms. Block had given to the claims of the appellants regarding the checklist and he had read the City Attorney's recommendation.as to what they should consider in the checklist, and then he made his own list, item by item. He found no negative impacts on the items listed except for earth, noise, and light/glare in which he found minor impact; for housing he indicated "helpful"; for traffic he found some impact;. and for aesthetics he indi- cated bulk is a factor and there is some impact. In summarizing his findings regarding the criteria, he said the land use fits the prescribed code, traffic from 15 units is not significantly substantial, and the bulk aesthetic is that it fits the general character of that area with the buildings to the north and west. He concluded that he should uphold the finding of the negative declaration. Councilmember Naughten said he had gone through essentially the same process and found that popu- lation will be increased but transportation is not as big a problem as had been indicated, based on the formulas,.and aesthetics is a questionable thing which he reviewed against the Code, and he thought the applicant had mitigated the aesthetic problem, so he found no significant adverse impact --he said there is an impact, but not 'significant. Councilmember Hall's findings were almost identical. She combined parking with land use and aes- thetics, and she thought this project enhances rather than causes a negative impact. Councilmember Kasper said he went through a somewhat similar process and looked at the Magne Hagen case in great detail to see what the differences were in the projects, and basically the same concerns were being dealt with from the appellants' standpoint, but looking at that he felt the negative impact statement was in order. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, TO FIND A NEGATIVE DECLARATION ON THE SEPA IS IN ORDER AND TO UPHOLD THAT FOR THE REASONS HE STATED IN HIS DISCUSSION. THE MOTION CARRIED. Regarding the appeal of the ADB decision, Mr. Tanaka said the criteria for that are set forth in 20.10.070 and he asked that the Council make findings and relate.them to.the criteria. Council - member Gould said, regarding the issue of building height, that he felt that first of all the building height calculations done for this building were done the way they are required to be done by the Code. When thinking through the process, he thought about a different lot, someplace else in the City --a flat lot --and one of the questions was does it make any difference how deep somebody digs the hole. In his own deliberations when they fixed the 25' height limit, they did that primarily to protect peoples' views, and that was his prime consideration.. He said he does not care how deep a person digs his basement --he may dig.down six stories if he wants --the primary consideration to him is what does the building do to the surrounding neighborhood in the way of view blockage and what happens because of its appearance or bulk. For those reasons, he thought the height of the building to be all right, and he did not think he'should require that it be any lower as they did it according to the Code. Councilmember Hall expressed.agreement with that, and she recalled that when they were building the new library building they had talked about digging under it at one time for parking, and she thought that may be the way they will be going in the future. She said the library building illustrated a lot of the problems the subject project has andwhich have been mitigated. Councilmember Naughten said building heights were done to protect the visual image of the community and the views, especially the bowl, and as long as the applicant does that he does not mind the parking being beneath the building because it allows for the additional landscaping which makes the unit more compatible to the area., and as compatible as it can be, given the bulk, especially when the buildings around it are higher. He said it is compatible to its multiple environment if not to the single-family residential, and.even on.the single-family side some of the buildings are as high or higher. 2831, • December 13, 1984 - continued Councilmember Gould said the other issue is the bulk of the building, and he had tried to visualize what that lot would look like with that -building -on -it, and he -did that with the knowledge of the buildings that are there now --those to the west and to the north --and it would not stand out like: a sore thumb but.blends with the character of that block, and there is no.view blockage that is substantial. After.considering all of the aspects of the uulk and size of the building, he had to say it is all right. lie could not find any criteria relating to height, bull:, or design that were not met. Councilmember Naughten noted.that in the testimony the "downtown concept' of two-story buildings was brought up but that relates to the business district not the multiple -family residential. As far as bulk and size, he understood.why the residents did not want the building, and he said he would not wait it either if he were in their place, but it is allowed under the Code. He noted that no variance was being requested, it does fit, they have tried to avoid -the boxy look with a variety of facades on the Walnut St. side using broken planes, with greenhouse windows, and using cedar instead of cement. He reviewed the other criteria and said he found each to be met. He recognized that because of the bulk it cannot look like a single-family residence. Regarding a boxy appearance, Councilmember could thought the plan did a good job of eliminating a strictly boxy appearance and he thought this building will be rather handsome as compared to the others there. Councilmember Naughten referred to -the traffic figures which had been cited regarding the trips per day per u nit,.and he concluded from the figures furnished by Its. Block that there did not appear that traffic would be a problem, and he said if it does become a problem a stop sign can be placed on Walnut at a later date. There had been some concerns about traffic coming from the east to the west over the crest and he said.if that is a problem stop signs can be installed. • Councilmember Kasper commented that in looking at these designs and studying this and some of the older buildings constructed in the 1960s and 1970s he thought they had come a long way in design. He thought the Code had helped to soften the impact of this kind of building, and he said this one appears to have taken almost everything into consideration. Councilmember Nordquist. recalled a concern expressed in the testimony about the angle of the driveway to the underground parking and he asked Councilmernber Gould if that concerned him. Councilmember Gould responded that if it rneets the approval of the Engineering department he had no problem with its being at an angle. COUNOILMEMBER GOULD THEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO UPHOLD THE NOVEMBER 2, 1983 ADB FINDINGS AS SUBMITTED FOR THIS PROJECT, -iHE REASONS BEING THAT THE BUILDING SUBSTANTIALLY FITS THE CRITERIA GIVEN IN THE COMMUNITY DEVELOPMENT 1',00E Oil PAGES 196-198 WHICH THE COUNC`1L HAS THOROUGHLY DISOJSSED AND SEES id0 SUBSTANTIAL ISSUES. THE MOTION CARRIED. Councilmember Jaech returned to the rostrom following this action. REVIEW MOVING OF SUSAN HALL LOG CABIN Property Manager Jim Jessel had researched the possibility of moving the subject cabin as the owner wished to donate it to the City. City facilities which could use a structure need something that is easily maintained, structurallv.sound, energy tight, and vandal resistant, so Mr. Jessei could not recommend that it be placed on City property because it is none of those. Members of the Cemetery Board who are very cognizant of Edmonds history feel the structure has little historic value. Mr. Jessel had.contactad the Boy Scouts Council in Everett and.they have the ability to send troops to take it apart and move it, but there is no guarantee that it would be the same building when it is reassembled because there are deteriorating members in the building. He -felt it would be best served in the private sector where vandalism is not such a concern as in -the public sector. Council - member Jaech noted that I:irby White had indicated that the VFW would be willing Co move it to a site where they would utilize it, but they would need help in locating a site. Mr. Jesse] 'thought that with. some. advertlsing someone in the private sector may loom;e a site. Councilmeiiiber Naughten suggested writing a letter to the other surrounding cities to ]et them know the building is avail- able, and • Councilmember Nordquist suggested that it would be good at the Boy Scout camp outside of Mt. 'Jernon. `.1r. Jessel noted that to take it somewhere else piece by piece would result in a changed roofline, and changed back of the building, and some of the logs would not be able to be saved. He said he would discuss it with Kirby White.. Susan Hall said when they decide whom to consult, she should be first. She had been unaware of the. VF14 proposal and she said the donation was offered -to-tile City of Edmonds and she would never allow it to be a "cook house" in a Soy Scout camp as that would miss the point totally. 11oyd Ostrom, 711 Puget Lane, said :if this building does not have historic. significance he did not know what building does. 'le said it was the home of Guy Anderson, one of the most significant people who --ver, lived in almonds who, with 1'lark Tobey avid Morris Graves, formed the nucleus of the Northwest School of Art. He said this building even is indicated in the Community Development Code as being significant- arid: he noted •;,wo sections which refer to it. He considered -it a matter of great. importance ,o save that building, and he thought something should be done on the part of the City Council to lastab lish.a program to work with other organizations in tiie area to move it to a place where i t carp be press rve:i. He suggested i t be the Guy Anderson i-luseum or an art gallery, noting that the City lids other places named for people and that Guy Anderson was a eery significant person. Codncililiemnber ;could asked him what he thoughtabout spenuiny �20,000 for it, noting that he City is already supporting cultural projects and that $20,000.is a large amount of citizens' money. Mr. Ostrom responder: t,at he would hate to be the person 20 years from now who looks back nd says "vie could ;gave had that building for $20,000." He thought it could be obtained.at no cost, and he said there has been no focus on the real significance of it. Councilmember Hail said they had looked at it as a. body and they have not given up.because of the sense of history. She advised Mr._Ostrom that he iray think their priorities are askew but they are in '.he budget process now. She thought the Scouts and. VFW should be contacted. lair. Ostrom said it would be doomed in a Boy Scout Camp and he thought it may be worth $20,000. Councilirember Jaech ] ked. lair.. 11hite's, idea because. the bui.ld-ing would stay in Edmonds and would be used as a memorial. Nayor.Harr.ison said the real historical significance of the building is where December 13, 1983 it is, and he thought the owner.would.be..better off to sell i.t to someone on the site and find somewhere else to build her house. Dorothy Williamson, 703 Main St., remembered when the cabin was built by Tink Anderson who built it piece by piece, room by room, and when he wanted to add on something he added it on.. She thought if it was taken apart it would go to pieces. She said Guy Anderson did not live in that house very long and he calls LaConner his home. She thought it picturesque where it is but said it does not have much meaning to people in Edmonds except as "the Tink Anderson building." She said there are other buildings in the City that are more significant and she did not like to see the City spend its money that way. She did not think it would be a useful building for Edmonds, and she said the house she was raised in is still on Main St. and is still in good shape, but she is not that old yet so she could not see this as being historic. Bill Crow stated .that the cabin was built about 50 years ago and that it is not historic and is poorly built and is not a conventional log cabin .with dovetailed logs. He said the building could not stand to be moved as it has a stone fireplace stuck on the side of'it that would have to be dismantled and there are five or six different angles on the roof which has some shakes, some shingles, and some metal. He noted that the Cemetery Board does not want it for the cemetery. Roger Hertrich, 1020 Puget Dr., thought the building could be moved by donations or physical help if a plaque were put on it like for the Memorial Trees. He said if it is important enough to the community, the community will participate, and he thought it should be a community effort with the City as the agent. If the community does not do.that,, he.did not think it should belong to the City. Councilmember Hall concluded the d.iscussion with the comment that it was now up to Susan Hall and she knows how long she can wait before building her house. A recess was announced. • DISCUSSION ON INSURANCE POOL Finance Director Art Housler noted that this item had been discussed and studied a number of times since June 1979 when the City participated in the cost of forming a pool. On October 20, 1983 the City.Council authorized joining the pool, and then on December 2, 1983 Councilmember Naughten had information that the insurance broker for the City of Lynnwood could provide the service to Edmonds for $70,000 - $75,000. Mr. Housler learned that he based this approximation on data obtained from PENCO so he requested Edmonds' broker to get a quote from PENCO, which was $84,424 for current coverage. Mr. Housler stated that because of his close involvement and knowledge of the details he must, in good conscience, still recommend joining the pool, and he outlined in his memo important points to be considered in the Council's deliberations and decision. Wayne Baldwin, the broker for Lynnwood, was present at the invitation of Councilmember Naughten. He provided a letter setting forth his position and said he has had a program for years that is mainly a no deductible program, which Edmonds does not have. Mr. Housler corrected him, saying Edmonds does have a deductible and he.quoted what the deductibles are. Mr. Baldwin discussed problems of the insurance pool and said it was organized by cities that were having trouble getting insurance. He discussed tail=end liability if you decide to get out of the pool. His letter gave the details of his offer. He noted that.sometimes it may cost $10,000 to defend in court and it would save money to settle for $5,000, even if going against principle, so that is why it is done. This is one of the objections the staff had raised against insurance companies, frequently feeling a claim should not have been paid but that it was because the insurance company thought it would cost less to do so than go to court. An example noted by City Attorney Wayne Tanaka was a Redmond case of alleged police brutality and the insurance company decided to pay a settlement and the Police Department felt that was tantamount to saying they had done something wrong. Mr. Tanaka said none of the cities his firm currently.represents are members ofa pool, but his firm is currently in the preliminary stages of exploring. something with the carriers to give more control to the city. They also had noticed that sometimes the attorneys the insurance companies hire to represent the cities • do not have the background and experience in municipal law. He thought in certain cases it might be advantageous to the city to have his firm represent the city and defend it, but currently they do not have that capability. Councilmember Nordquist said he recalled that in the past Mr. Housler had recommended against the insurance pool and he (Councilmember Nordquist) had felt the City should go for its own carrier. Mr. Housler said when Edmonds.first looked at it in 1979 Mountlake Terrace had the best record of all the cities considered and the sole purpose for forming a pool in 1979 was because the carriers were canceling.municipality coverages and the number of carriers.which would carry municipalities was reduced to a few. Also, premiums were increasing approximately 30-35%.a year. He noted that the insurance market is very soft at this time which accounts for the low premium rates for 1983 and 1984, but carriers are asking questions.which would indicate increases in premiums for the near future. The reason Edmonds has the opportunity to join the.pool now is that Everett has dropped out, and it dropped out because.it is large enough to self -insure alone. Mr. Baldwin said a lot of cities that got into trouble were the ones that were going for the lowest bids and they had no loyalty from those insurance companies., whereas Lynnwood has never had any problems in the 24 years that he has represented them. Councilmember Naughten said if Edmonds can save some money he would rather it handle its own insurance, and Councilmember Kasper agreed. Councilmember Gould thought they should stay;in the pool as he felt the best chance to save money to be to use the,opportunity to gain it out of the pool, and he thought that to be a realistic chance. Mr. Housler summarized the way claims are paid if in the pool: the City pays all claims up to $25,000; from $25,000 to $100,000 it is shared with all the cities; for $100,000 and over it has full insurance. The way the City would be impacted is if other cities have large claims as Edmonds would share in those from $25,000 to $100,000. If the City drops from the pool (it.has a grace period in which to do so until December 15, 1983) it would remain with its current carrier for 1984 and bids would be solicited for 1985. COUNCILMEMBER NAUGHTEN MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER NORDQUIST, TO DROP OUT OF THE POOL AND CONTINUE WITH INSURANCE COVERAGE AND PUT THIS OUT TO BID IN MAY OR JUNE TO AT LEAST EIGHT BROKERS TO DETERMINE THE BEST PROGRAM AS FAR AS COST. Mr. Housler indicated mid -year would be the .proper time to go for bids and Councilmember Naughten indicated that would be fine. THE MOTION CARRIED. • December 13, 1983 - continued MAYOR Mayor Harrison had a liquor license application.from U-Save Oil Co. Grocery, 22625 Highway 99, for an E and F license (beer and wine by the package for consumption off premises). Presently only gas and diesel are sold at this location but they plan to remodel and have a mini -mart type of operation. The Police Chief recommended approval of the applicant and the location, but he indicated there is not sufficient access or parking at this time, and approval should be contingent upon Planning/ Engineering Department approval for.traffic and parking. There was discussion as to how to assure of that contingency as it was doubtful the Liquor Control Board would make it a condition of the license. It was noted that the ADB will have to approve the remodel and that could be where the control would be. Mr. Tanaka noted that the approval could be conditioned before the Liquor Control Board and if that does not work it could be in the City's own process before.the ADB; however, he noted that.if ownership should,change the new owner would have to get a permit but the location would have been approved. COUNCILMEMBER HALL MOVED TO RECOMMEND APPROVAL OF THE SUBJECT LICENSE APPLICATION AND THAT IT DEPEND.ON THE CITY'.S OWN PERMITS TO ATTAIN THE PROPER TRAFFIC DESIGN AND PARKING. MOTION FAILED FOR LACK OF'A SECOND. COUNCILMEMBER.GOULD THEN MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, TO RECOMMEND.APPROVAL OF THE SUBJECT'LICENSE APPLICATION BUT THE APPROVAL BE SUBJECT. TO AND CONTINGENT UPON APROVAL OF THE PLANNING AND ENGINEERING DEPARTMENT REGARDING TRAFFIC DESIGN, ACCESS, AND PARKING. After brief discussion, THE MOTION CAARRIED. Two requests for Cabaret Dance Licenses had been received .for New Year's Eve but they had not been received in time for.inciusion.on.the Consent Agenda. They were from Anthony's Homeport and Pantley's on Edmonds Bay. The Police. Chief had no objection and imposed no requirement for a special police officer to be in attendance. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO APPROVE THE CABARET DANCE LICENSE REQUEST OF ANTHONY'S HOMEPORT. MOTION CARRIED. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER GOULD, TO APPROVE THE CABARET DANCE LICENSE REQUEST FOR PANTLEY'S ON EDMONDS BAY.. MOTION CARRIED. Cabaret Dance Licenses are issued for one year, from • date of issuance. COUNCIL Council. President Jaech said reservations had been.mdde for a Council/Staff retreat at Port Ludlow on April 13-14, 1984. She asked the Councilmembers to return as soon as possible the questionnaires they were provided regarding the retreat. Council President Jaech announced that a special meeting of the City Council will be held on December 21, 1983.to discuss and pass the 1984 budget. It was intended to be held in the Plaza Meeting Room if the room is available. COUNCIL PRESIDENT JAECH MOVED, SECONDED BY.000NCILMEMBER NORDQUIST, TO RENEW THE CONTRACT FOR 1984 FOR THE COUNCIL RESOURCE PERSON. Councilmember Hall said she.would like to have an assessment done with the Council Resource Person before it is voted on as there has been no assessment, either regarding the Council and the input or to get her input. Councilmember Gould said he is satisfied with the performance to -date of the person, but he did think the activities should be assessed at some time and the situation reviewed, and by extending the contract that can be done and the Council's options will still be open, and the contract can be terminated if necessary. Councilmember Naughten asked about the termination conditions, and Mr.' Tanaka indicated there is a provision for so many days' notice on either side. Councilmember Hall had no qualms about the performance of the person, but she felt an assessment was necessary. THE MOTION CARRIED, WITH COUNCILMEMBER KASPER VOTING NO. He thought it should not go beyond the quarter. Councilmember Gould distributed a summary regarding City Council meetings of various other cities which had been prepared by the Council Resource Person. Councilmember Gould referred to a letter, dated December 5, 1983, from the City Attorney's Office regarding the Hutt property which indicates the City should make plans to implement the requirement • of using the property as an arboretum, recreation center, and/or,park. The City Attorney suggested that the Park Department study the premises and. make recommendation to the Mayor and City Council, and noted that the site has to bear the name of Hutt: COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, TO FORWARD TO THE PLANNING BOARD FOR STUDY (IN ITS ROLE AS PARK BOARD) THE DECEMBER 5, 1983 LETTER FROM THE CITY ATTORNEY. MOTION CARRIED. Councilmember Gould brought up the subject of the merit adjustment of the Parks and Recreation Director which the Council last week decided to delay. He said he had forgotten that the Council had agreed that the exempt staff would receive an across the board increase on January 1 and merit increases on their anniversaries. The Council had this week received the information as to why the merit adjustment was proposed, and Councilmember Gould was comfortable with approving it. COUNCIL_. MEMBER'GOULD'.MOVED; SEC�ONDED.:BY_'000NCiLMEMBER HALL, TO APPROVE THE MERIT ADJUSTMENT OF THE PARKS AND RECREATION DIRECTOR, EFFECTIVE OCTOBER 16, 1983. Councilmember.Kasper said he had opened the question of the job rating and he was not trying to cut off the merit but he thought the Council should take action on his complaint on the job rating which he made in August. Councilmember Hall argued that this is the rating on -the person's performance, not his job as it is today. Council - member Gould agreed that this was a different issue. He said the Council should deal on January 1 with the across the board increase and they should also do what they said they would do as to approving merit increases on the person's anniversary.. THE MOTION CARRIED, WITH COUNCILMEMBER KASPER VOTING NO. Council President Jaech said, regarding the across the board increase for nonrepresented employees that it should take place on January 1 and it is in the budget and they had discussed passing it. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, T11AT IT BE THE INTENTION OF THE COUNCIL THAT ON.JANUARY 1 THE ACROSS,THE BOARD INCREASE FOR NONREPRESENTED EMPLOYEES PROVIDED FOR IN THE BUDGET.:WILL BE IMPLEMENTED AND THAT THE CITY ATTORNEY.IS INSTRUCTED TO PREPARE THE APPROPRIATE ORDINANCE. .Personnel Director. Pat LeMay said he assumed that will provide for.movement of the salary.ranges, noting that.there are some people at the top of their ranges. Councilmember could thought the ranges should be reassessed every year and adjusted and he said the intent of his motion was to let the employees know the Council will not haggle this into the year as they have in the 286 December 13, 1983 - continued • past. Council President Jaech indicated she wanted to discuss the ranges. A ROLL CALL VOTE WAS TAKEN.ON THE MOTION, WITH COUNCILMEMBERS GOULD, NAUGHTEN, JAECH, AND HALL VOTING YES, AND WITH COUNCILMEMBERS KASPER AND NORDQU.IST VOTING NO. MOTION CARRIED. Councilmember Nordquist thanked the Police and Fire Department personnel for again taking some senior citizens to dinner on Thanksgiving Day. He also thanked the Public Works Department for their help in cleaning up the downed trees at the cemetery. Councilmember Naughten acknowledged receipt of a letter from Walter J. Antoncich regarding card rooms in the City of.Edmonds and suggesting a revision to the Code in that regard. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO PLACE ON THE JANAUARY 10, 1984 AGENDA A DIS- CUSSION OF SECTION 3.24.020 OF THE CITY CODE REGARDING GAMBLING TAX ON CARD PLAYING ESTABLISHMENTS. MOTION CARRIED. Councilmember.Gould noted that Mr. Antoncich was asking that the gambling tax be reduced. Councilmember.Naughten urged the Council to read the Guide to Public Officials in the City News. Councilmember Hall had attended. the Snohomish County Going International Conference which she said was very enlightening. She said they should keep track and serve on the body dealing with it and the conference just scratched the surface. Councilmember Hall commented that the tree lighting ceremony was outstanding. There was no further business to come before the Council, and the meeting adjourned to Executive Session at 11:05 p.m. U IRENE VARNEY MORAN City Clerk Harve H. Harrison, Mayor December 20, 1983 The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Pro tem Jo -Anne Jaech in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Jo -Anne Jaech Harve Harrison, Mayor Jim Adams, City Engineer Ray Gould Irene Varney Moran, City Clerk Laura Hall Art Housler, Finance Director Bill Kasper Mary Lou Block, Planning Director Larry Naughten Marlo Foster Police Chief John Nordquist Jack Weinz, Fire Chief Pat LeMay, Personnel Director Jim Jessel, Property Manager Linda McCrystal, Arts Coordinator Bobby Mills, Acting Public Works Supt. Wayne Tanaka, City Attorney • Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (B), (E), (I), and (J) were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER GOULD, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (C) Acceptance of Quit Claim Deed for right-of-way (LaPierre Industries, Inc.) (D) Approval of 1984 Equipment Rental Rates. (F) Report on bids opened December 8, 1983 for 1984 diesel fuel requirements and award of contract to Huff Petroleum for.$0.835 per gallon for a total base.bid of $41,750. (G) Report on bids opened December 8, 1983 for 1984 liquid chlorine requirements and award of contract to Jones Chemicals, Inc., for $211.00/ton in 1-ton containers and $0.21/lb. in 150 lb. containers. (H) Report on.bids opened December 8, 1983 for sale of surplus vehicles and equipment and award to highest bidders. APPROVAL OF MINUTES OF DECEMBER 13, 1983 [Item (B) on Consent Agendal Councilmember Jaech wished to clarify what she said at the bottom of page 2 of the minutes in the appeal hearing regarding the 555 Walnut Associates Condominium. She said she brought this up for