19760713 City Council MinutesREPORT ON CONSTRUCTION COSTS AND FUNDING OF 88TH AVE. W., OLYMPIC VIEW DRIVE TO 196TH ST.
S.W. ,
1
City Engineer Leif Larson presented supplemental information on funding -and recommended
MOTION: that bids be taken on the storm drainage and the first phase of the paving. A MOTION WAS
MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN NORDQUIST, THAT BIDS BE TAKEN FOR THE
STORM DRAINS AND FOR THE PAVING OF ALL OF 88TH OR, OPTIONALLY, PAVING ALL THE WAY TO
OLYMPIC VIEW DRIVE. MOTION CARRIED.
REPORT FROM COUNCILMAN CARNS ON PUBLICATION OF LEGAL..NOTICES
Councilman Carns stated that in further exploring the costs of publication of legal notices
he had received quotes from .the -Western Sun of $3.00 per, columnar inch, 12 lines to the
inch; and from the -Tribune Review of $1.50 per columnar inch,.'14 lines to the inch. THERE-
FORE, COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT NO CHANGES BE MADE.
MOTION CARRIED.
CLAIMS FOR DAMAGES
The Deputy City Clerk reporkp laims for damages had been received from Douglas and Lena
Warne in the amount of $18.90, and from Richard and Donna Walker in the amount of $633.02.
Both claims had been,forwarded .'immediately to the insurance company. Council acknowledged
receipt of both claims.
There was no further business to come before the Council, and the meeting adjourned at
12:00 midnight.
•
IREN VARNEY MORAN, ty Clerk
July 13, 1976
ROLL CALL
H. H. HARRISON, Mayor
The regular.meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor
Harrison in the Council Chambers of the Edmonds Civic Center with all Councilmen present except
Anderson, who had advised he would not be present.
APPROVAL OF MINUTES
Minutes of the regular meeting of July 6, 1976 had been posted, mailed and distributed. Council-
man Carns noted that the starting time of the meeting should be corrected to 7:40 p.m., rather
than 7:30 p.m. as written. The minutes were then approved as corrected.
COUNCIL PARTICIPATION
Councilman Gellert referred to the letter of June 29, 1976 from the Highway Commission refusing
the request of the City of Edmonds for approval of speed zoning as described in Ordinance No.
1840. Councilman Gellert asked that the City request a copy of June 21, 1976 Minutes of the
State Highway Commission in order to obtain some insight as to the reason for denial.
Councilman Gellert questioned an item on the June 24 Warrant Register for Civil Service Testing
which appeared to be very expensive. M.A.A. Ron Whaley explained that the Civil Service Com-
mission had chosen this test over others as they thought it was the best test available even
though it was expensive. It was used to give entry-level exams when 280 applications were
received in reply to an advertisement to fill vacancies. Councilman Gellert also asked about
another item on the June 24 Warrant Register for 17 cases of floor tile for the Public Works
Building. Public Works Director Herb Gilbo said that was for a purchase over a year ago in which
the tile was installed but it was not done properly so payment was held up. He said it had been a,
rbudgeted item.
Councilman'.Goufd referred to City Engineer Leif Larson's memo of July 9 regarding 88th Avenue W.
from 196th Street S.W. to Olympic View Drive and requesting, pursuant to Council action of July 6,
authorization to receive bids at 3:00 p.m., Thursday, July 29. A MOTION WAS MADE BY COUNCILMAN
GOULD, SECONDED BY COUNCILMAN CARNS, THAT THE CITY ENGINEER BE AUTHORIZED TO CALL FOR BIDS AT-
3:00 P.M., JULY 29,.AS REQUESTED FOR 88TH AVENUE WEST. MOTION CARRIED.
Councilman Gould noted that a petition had been received to change the parking status on 76th
from 212th S.W. to Highway 99. Councilman Gellert said the issue had already been discussed
at great length, and just recently. It had been brought up as a report by the City Engineer
at the Council's request after the hearing on 220th .Councilman Carns felt the Council had not
really heard the issue. THEREFORE, A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCIL-
MAN NORDQUIST TO HEAR THIS MATTER ON AUGUST 3. MOTION CARRIED, WITH COUNCILMAN GELLERT VOTING
NO.
Councilman Gould said he had received a phone call from Mr. Rutter regarding skateboarding in
Edmonds. She had inquired about a street being blocked off, perhaps one Sunday a month, for
skateboarding. Councilman Gould said he'had directed her attention to the Park.Board Director,
thinking perhaps the Park Improvement Bond could incorporate some kind of facility for skate-
boarding and bicycling combined. A question was raised as to whether there is an ordinance
•
regarding skateboarding. City Attorney John Wallace advised that Section 8.08.040 of the •
Municipal Code prohibits skateboards from any roadway except when crossing a street at a
crosswalk, but that it would not restrict them from any street set aside as a play street.
MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS,SECONDED BY COUNCILMAN GOULD, THAT, IN REGARD TO NEXT
WEEK'S SECOND REPORT ON THE JUNIOR HIGH SCHOOL, THE COUNCIL BE PROVIDED WITH COMPARISONS OF
INCOME AND EXPENSES IN RELATION TO THE PARKS AND RECREATION DEPARTMENT PROGRAMS, COMPARING
THE FIRST SIX MONTHS OF 1975 TO THE FIRST SIX MONTHS OF 1976. MOTION CARRIED.
Councilman Clement noted that the Fire Department had purchased a camera and electronic flash
and asked the purpose of this purchase. Chief Cooper replied that they are taking pictures
of all buildings they inspect for fire records so they have proof of what was there before
and after a fire. He said this would be reimbursed with part of a grant for their home safety
program.
Councilman Herb said he had heard that several cities start their meetings with a flag salute
and an invocation and asked the Council's reaction to this idea. Councilman Gould said his
was positive and Councilman Gellert thought it would be all right periodically, but not
MOTION: necessarily at every meeting. A MOTION WAS THEM MADE BY COUNCILMAN HERB, SECONDED BY
COUNCILMAN CARNS, THAT EACH COUNCIL MEETING BE STARTED WITH A FLAG SALUTE AND AN INVOCATION.
Discussion followed and Councilman Clement suggested that an invocation would be restrictive.
COUNCILMAN HERB THEN AMENDED HIS MOTION, SECONDED BY COUNCILMAN CLEMENT, THAT ONLY A FLAG
SALUTE START THE COUNCIL MEETINGS. THE AMENDMENT TO THE MOTION CARRIED. THE MAIN MOTION,
AS AMENDED THEN CARRIED.
SLIDE PRESENTATION ON PUGET SOUND SEWAGE FLOWS - EDMONDS VICINITY
City Engineer Leif Larson showed a movie produced by the Environmental Protection Agency de-
picting what had been accomplished in Parsippony-Troy Hills, New Jersey, with waste water
treatment construction. Jim Reid,.of Reid, Middleton & Associates, then introducted two •
membrs of his firm, Lloyd Nelson and Allen deSteiguer, and then showed a series of slides on
Puget Sound sewage flows, giving a history of the treatment plant and explaining how the
trackingis done. A film was also shown which was taken in 1971 from a two -man submarine
which showed the actual flow from the outfall and also demonstrated the clean condition of
the floor of the Sound. Mr. deSteiguer pointed out that the diffuser was working fairly
well, but also there is a strong current along the shore that is independent of the tide
and it carries the effluent. On questioning, City Engineer Larson said an annual inspection
is not made of the operation, but that a couple years ago the contractor come back to review
some items and there was no evidence of any sediment at all, and there was evidence of per
fect operation.. Mayor Harrison asked if the leaks had been corrected or if it had been
necessary. Mr. Larson replied that there were no leaks in the concrete when he was there.
Mr. Nelson said the major leak area had been in the old pipe and the magnitude was reduced
to the point that they did not feel much damage was being done. Councilman Gould thought
there should be a program to insure that at least every two years the pipe is checked. Mr.
Larson agreed they should go down and check it. He noted also that the metal pipe someday
will have to be replaced.
PLANNING COMMISSION RESOLUTION 516, RECOMMENDING DISAPPROVAL OF PROPOSED ALLEY VACATION
LOTH AND DALEY - DATE SET FOR HEARING ON PETITION FOR VACATION
Planning Commission Resolution 516 had been forwarded to the Council,recommending dis-
approval of a proposed alley vacation east of loth N. and north of Daley Street, as set
MOTION: forth in Planning Commission File ST-7-76. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN
CARNS, THAT THE CITY ATTORNEY BE INSTRUCTED TO PREPARE A RESOLUTION SETTING A HEARING DATE
OF,AUGUST 24 ON THE PETITION FOR ALLEY VACATION IN CONNECTION WITH ,PLANNING COMMISSION
RESOLUTION 516. MOTION CARRIED.
JOINT REPORT FROM PARK BOARD, PARK DIRECTOR AND PUBLIC WORKS DIRECTOR IN REGARD TO OVERALL
MAINTENANCE PROGRAM AS RESULT OF PROPOSED PARK BOND
Park Director Rod Garretson provided the Council with an update of the proposed project with
complete cost estimates for construction and.maintenance of those improvements. This re-
vision had been prepared with estimates by the Engineering, Public Works and Recreation and
Parks Departments and also with professional estimates. Mr. Garretson said when cost estim-
ates of all.proposed improvements were obtained.the total cost was over $700,000, but several
fo the City Staff and some of the Park Board had pared the scope of the project back to
$416,550 by eliminating some projects, reducing the extent of work on several, and by budget-
ing 25% of the cost of the Junior High Athletic Fields Complex, with the intent of acquring
IAC funding for the remaining 75%. One part of the report reflected the projects which had
been deleted. Lengthy discussion followed. The City Attorney was asked if the bond issue
could be -expanded so that the people who are voting for it are covering not only the improve-
ment, but also the maintenance. Mr. Wallace replied that it could be done on an annual
excess levy. Councilman Carns noted that if the Council allows this to go.on the ballot
they must provide this maintenance. Mr. Garretson was asked if the Park Board had recom-
mended this $416,550 figure, inasmuch as originally.the discussion was that it would be
about $350,000. Mr.. Garretson replied that they had recommended this. Councilman Carns
noted that this would be but one part of the proposal.;. that park acquisition would be
another and the swimming pool cover another. Mr. Garretson said that park acquisition would
be $350,000 or less, that they just wanted to have the money sitting there for acquisition
when the property becomes available. Lenore Collins, Chairman of the Beautification Committee,
said she had been the individual who requested the Planning Commission to designate the Haines
property for park acquisition. She said Mr. Wallace had received the appraisal figure and
inquired if he could give it. Mr. Wallace said the appraisal had been filed with the City.
The possibility of including lawn bowling was discussed and it appeared the.costs would be
very high, although it was felt inclusion of lawn bowling would be necessary for this pro-
posal of appeal to senior citizens. Mr. Garretson said lawn bowling would require an area
•
1
0
` 3
'
of 140' x 140 plus space for the clubhouse, restroom and equipment storage. He said this
activity would generate income,.and possible charges were discussed. Mr. Garretson said
he expected a group:of senior citizens to be present at the public hearing who would express
their feelings about lawn bowling charges. With regard to the Junior High School Complex.
which the City is leasing, the question.,was asked if City were to desire to no longer lease
the buildings, could it keep the athletic field. Mr. Garretson assumed it could as the school
district recognizes how valuable the field is. It was noted "that we either have to get more
money or to increase productivity. Public Works Director Herb Gilbo added that one-third of
park maintenance crews are CETA funded and that CETA funds could expire at any time, that the
actual allotment goes only through December 31. He said he didn't feel there is enough:flex-
ibility left to accomplish -a significant amount of increased productivity at this time.
The fact was discussed:that.:the'.discussion had been for 20 year funding, whereas some
improvements would last only 7 to 10 years. It was then suggested that the swimming pool
cover and land acquistion portions could be for 20 year funding and possibly the park
improvements could be on 8 to 10 year bonds. Mr. Garretson suggested that possibly land
acquisition should also be for 10 years. It was noted that a $2,000,000 bond'issue would
cost approximately 76 1/2(,, per $1,000 valuation over 20 years and $1.20 per $1,000 valuation
over 10 years.
REPORT FROM POLICE CHIEF ON REQUEST FROM EDMONDS WEST TAVERN FOR CABARET LICENSE
The new owner of the Edmonds West Tavern had requested a cabaret license in order to have live
music once a week, on a weekend, from approximately 8:00 p.m. to 12:00 midnight. Captain'Smith
said he had talked to the proprietor this date and the type of music he plans is "bluegrass"
which is not amplified. He said the Fire Chief had also talked to the proprietor and that
there would be no entering at the back. They expect large attendance. Captain Smith said the
proprietor was very cooperative. Also, that the proprietor had asked if after 60 days they
• g
could have two quitars every night. He felt that would have to be decided at a later date.
He said he thought this was'the proprietor's first experience in operating a tavern.' Chief
Foster had recommended that the requested cabaret license be'approved', subject to: (1) license
being on a 60-day,trial basis; (2) live music to be limited to once a week; (3) live music
to cease at midnight; (4) in event of any disorder, breach of the peace or boisterous behavior,
the duty supervisor of the Edmonds Police Department shall have authority to withdraw the license
for the remainder of that day; and (5) any such incident shall be included in a follow-up report
to the Council within the 60-day trial period. Captain Smith said the proprietor had agreed to
get a'b.ounce-r.'_if'.he were required to, either now or at a later date. Also, that the owner does
MOTION:
not have a police record. A MOTION WAS MADE BY COUNCILMAN CARNS,'SECONDED BY COUNCILMAN CLEMENT,
THAT THE COUNCIL APPROVE THE REQUEST FOR CABARET LICENSE AS OUTLINED BY THE POLICE CHIEF.
Councilman Gould suggested it should be specified that the live music would be on either a
Friday or Saturday night. Captain Smith said that was intended, the request had been for a
weekend night. MOTION CARRIED.
REPORT FROM ATTORNEY - INTERPRETATION OF COURT CASE RULING
City Attorney John Wallace had been asked for an interpretation of a ruling in Autotronics
Systems, Inc. vs. City of Lynnwood, et al. in which it was found a violation of the appearance
of fairness doctrine had occurred. Mr. Wallace gave°the Council a written synopsis and said
it was a little difficult to give an interpretation without actually having the record from
the Lynnwood Council meeting. He waid the wording in the judge's opinion would indicate that
something more than a simple driving -by or stopping and reviewing had occurred. Mr. Wallace
recommended that if it is necessary to view the property with the proponents and opponents,
but that no questions be asked or presentations made because a secretary probably would not
be present to record exchanges and the result would be a deficient hearing record: Fie did
not believe driving -by or stopping for a brief look violates the 'appearance of fairness doctrine.
DISCUSSION ON FIRE DEPARTMENT RESTRUCTURE
• Chief Cooper distributed sample organization charts for the Fire Department and explained the
function of each. He said they are not through with arbitration at this time so cannot discuss
the items which are a matter -of arbitration, namely, numbers of men in a shift. One chart in-
dicated present salaries, totaling $20,886; another indicated reorganization and mid -year 1976
salary range. The cost difference of the postiion changes gave an additional cost of $8.00 per
month. Another chart gave the actual costs for firefighters, inspectors and lieutenants under
a new proposed structure, which was $20,939 (for an additonal'$52 per month). Chief Cooper
explained his proposed change in structure utilizing two Battalion Chiefs instead of an
Assistant Chief. He said call times would be rotated and he would like,to have one of the
Battalion Chiefs on seven days a week. He said Battalion Chiefs would have to be chosen by
Civil Service examination,.that only one man presently employed meets the qualifications re-
quired and the other Battatlion Chief would ahve to be selected by examination. After further
discussion Mayor Harrision said he would like to review this and make a recommendation to the
MOTION: Council. A MOTION WAS MADE BY COUNILMAN GELLERT, SECONEDED BY COUNCILMAN CLEMENT, THAT THE
MAYOR BE -GIVEN AN'OPPORTUNITY TO -REVIEW THE PROPOSED RESTRUCTURE OF THE FIRE DEPARTMENT AND
MAKE A RECOMMENDATION TO THE COUNCIL. MOTION CARRIED.
DISCUSSION ON REVISIONS TO POLICY REGARDING CITY PARTICIPATION IN LID'S
City Engineer Leif Larson had distributed a written report reviewing the past policy on street
improvements. He said the policies made in 1968 have never been rescinded or revised as a
result of budgetary action or in consideration of increased costs of construction in the last
six years. There have been inquiries: and. requests for street improvements, and Mr. Larson
recommended some changes in regard .to city participation. He said this had been brought up
before the CDC and it had been -suggested that he arrive at some cost figures based upon
different standards that have been adopted. Mr. Larson said the City does not have funds
to participate in LID'S and -.felt the current policy on street imporvements should be updated
so if a group of people want to have an LID it will have to be at their expense and the City's
costs will be minimal. Councilman Gould asked the City Attorney whether the Council could
• r
460
adopt a new street improvement policy which changes the zone front foot costs to the residents, •
or whether that would requite another action on the part of the Council. Mr. Wallace replied
MOTION: that the Council could do this, that it is not a policy adopted by ordinance. A MOTION WAS
MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN HERB, THAT THE CITY ADOPT A NEW STREET IM-
PROVEMENT POLICY WHICH CHANGES THE ZONE FRONT FOOT COSTS TO THE RESIDENTS IN ACCORDANCE WITH
THE SCHEDULE PRESENTED BY THE CITY ENGINEER. MOTION CARRIED, WITH COUNCILMAN CARNS ABSTAINING
BECAUSE HE WAS NOT PRESENT FOR THE DISCUSSION.
DISCUSSION ON ANALYSIS OF WATER -SEWER FIGURES AND ENGINEER RECOMMENDATIONS
City Engineer Leif Larson had distributed a report with statements of revenue and expenses and
projected deficits. He said analysis reflects that the present rates are•. not sufficient to
cover the current operating expenses, debt service and capital improvements or major replace-
ments. He said the deficits can be attributed to increased costs due to inflation and increased
administrative, maintenance and operational requirements. In addition, the revenues have been
lower than anticipated due to the reduced amount of water consumed and the surcharge for the
new water line installations not becoming fully effective until 1977 and 1978. Mr. Larson's
report included suggested rate increases. He also stated that the Alderwood Water District,
in their new proposed contract, has made a stipulation that by 1978 if the City doesn't have
the facility to take care of peak demands that they will increase our water rate by a certain
factor. If imposed, it could run up to $80.000 a year additional. He said this storage study,
along with replacement of the mains, needs additonal study.
City financial adviser Dick Kennedy said the surplus that was available is being very rapidly
depleted because of expenditures exceeding revenues. He•added that the covenants on the exist-
ing bonds are not being complied with. He said the holder of the 1974 bonds had received from
us year-end and periodic statements and had give him 90 days for a report on what the City is
doing to correct its technical default on the outstanding bonds.
Mr. Larson said there had been less water consumption in the last couple of years. Also, •
since new water lines have been put in and Public Works has put in maintenance programs, the
difference between the quantity we purchase and the quantity we sell has been reduced. There
ahve also been increased costs in operating the sewer treatment plant. There followed very
lengthy discussion regarding possibilities as to rate increases and causes for rising costs.
It was felt that a rate increase shold be one that would hold for three years. M.A.A. Whaley
pointed out that the rate increases in 1970 and 1974 had both been for improvements and that
there had not been one for increasing costs. He said costs have been going up constantly but
nothing has been done about it. It was felt this subject would need additional discussion and
MOTION: study. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GOULD, THAT THIS DIS-
CUSSION BE CONTINUED TO THE MEETING OF AUGUST 31. MOTION CARRIED.
ACCEPTANCE OF COMPLETED CONSTRUCTION OF WATER MAINS AND APPURTENANCES BY UNITED UTILITIES,,
INC., SCHEDULES A AND B OF PHASE IV; ESTABLISH 30-DAY RETAINAGE PERIOD FOR LIENS
City Engineer Leif Larson reported that United Utilities, Inc. has completed construction of
the water mains and appurtenances in Schedules A and B of Phase IV as required by contract
specifications, and that all punch list items have been completed. He recommended the Council
accept the work as complete this date, establishing the 30-day lien period. The total retain -
MOTION: age to be withheld for the lien period is $21,833.98. A MOTION WAS MADE BY COUNCILMAN CARNS,
SECONDED BY COUNCILMAN GOULD, THAT THE COMPLETED CONSTRUCTION OF THE WATER MAINS AND APPURTEN-
ANCES BY UNITED UTILITIES, INC., BE ACCEPTED. MOTION CARRIED.
IRENE VARNEY MORAN, ty Clerk H. H. HARRISON, Mayor
July 20, 1976 , •
ROLL CALL
The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve
Harrison in the Council Chambers of the Edmonds Civic Center with all Councilmen present. Council-
man Herb led the flag salute.
APPROVAL OF MINUTES
Minutes of the regular meeting of July 13, 1976 had been posted, mailed and distributed. Council-
man Gellert noted that in the last paragraph on page 5, the water/sewer rates discussion, the
minutes reflect the wording "It was felt that a rate increase should be one that would hold for
three years." Councilman Gellert pointed out that this had been his opinion, but not that of
the Council. Also, the City Engineer had been given guidelines for input for the next discussion
on this topic, which included: rates charged to apartments; various rates for different incre-
mental usages; financing regarding whether or not we finish the bond project; of the new bond
project what is storage and what is lines; what the new tax will cost us for storage; and what
of the remaining main replacement is critical in the next 5 to 10 years. The minutes were then
approved as corrected.
COUNCIL PARTICIPATION
Councilman Anderson advised he would be absent from the August 10 and 17 meetings.
Councilman Clement had a question concerning pop valves and whether there is a requirement in
the code that pop valves in water systems in homes be plumbed to some outside area. He said
because of a change in water pressure the water at his home had gone through the pop valve
and since it was not plumbed to the outside of his home he was advised there was no responsi-
bility by th City. He said he could understand that, but he wondered if people were aware of •