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19790206 City Council Minutes• February 6, 1979 323 1 r� U The regular meeting of the Edmonds City Council..was..called.to order at 7:30 p..m.-by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic..Center. All present joined in the flag salute. PRESENT Harve Harrison, Mayor Mike Herb Phil Clement John Nordquist Ray Gould Tom Carns Larry Naughten ABSENT STAFF PRESENT Katherine Allen Charles Dibble, M.A.A. Leif Larson, Public Works Director John LaTourelle, Community Development Dir. Irene Varney Moran, City Clerk Fred Herzberg, City Engineer Dan Prinz, Assistant Police Chief Jack Weinz, Acting Fire Chief Art Housler, Finance Director Jim Jessel, Parks & Recreation -Manager John Wallace, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison introduced. Ken. Rose, Manager of the local Shorelines Savings Bank, and Frosty Fowler, Public Relations Director for the area Shorelines Savings Banks, who presented a flag which they asked the Council to consider for the City of Edmonds.. The design was almost identical to the official City symbol, and Mayor Harrison commented that it was very appropriate. Flags were presented to each Council member. COUNCILMAN,CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION ADOPTING THE FLAG PRESENTED BY SHORELINES SAVINGS BANK AS THE OFFICIAL FLAG OF THE CITY OF EDMONDS, AND THAT A SECOND RESOLUTION BE DRAFTED COMMENDING SHORELINES SAVINGS BANK FOR THEIR EFFORTS IN PRODUCING THIS FLAG.. Councilman Nordquist recalled that a flag had been adopted previously after a Jaycee contest to design it, and the previously adopted flag was very similar to this one. He'felt that out of respect to the first flag adopted the motion was out of order. Councilman Carns responded that if there.was one, he had never seen it -Fly, so he would not withdraw his motion. THE MOTION THEN CARRIED. Mayor Harrison advised that following this evening's.meeting a..short Executive Session would be held to discuss the Police Department -Physical Fitness Test, a part of the collective bargaining agreement. CONSENT AGENDA Councilman Carns asked that.Items (B) and (D) be removed.from the Consent Agenda. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda included the following: (A) Roll call. (B) Acknowledgment of receipt of claim for damages from Ronald E. Wachs in the amount of $9,000. (E) Adoption of Ordinance 2050, amending the Edmonds City Code to adopt amendment to the Official Comprehensive Plan relating to design standards for multiple residential buildings. (F) Acceptance of installation of kitchen equipment at Senior Center, and establishing 30-day lien period. APPROVAL OF MINUTES OF JANUARY 30, 1979 [Item (B) on Consent Agenda] Councilman Carns referred to page 3 of the,January.30, 1979 Minutes. The first.paragraph had to do with the report from the Amenities Design Board, and the.Chairman had inquired as to whether the City could provide funds for dinner meetings to be held just prior to their regular meetings. At • the end of the first pararaph on Page 3 of the Minutes, it.was stated that no action was taken regarding the funding of dinner -.meetings, and Councilman Carns asked that the Minutes be amended to state that the Council took no action because they thought that would be in violation of the Open - Meetings Act and the Board could not discuss anything that would go before them that evening. OUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE THE MINUTES OF JANUARY 30, 1979, AS AMENDED. MOTION CARRIED. AUTHORIZATION FOR PURCHASE'OF THREE POLICE VEHICLES [Item.(D) on Consent Agenda] Councilman Carns had several questions regarding the equipment in the vehicles. He asked whether they would have air conditioning, and Assistant Police Chief Dan Prinz responded that they would. He also asked about the necessity for six -way power seats and the response was that they stand up to the use better, that it had been found that others have not stood up and were very costly to replace. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO.APPROVE ITEM (D) ON THE CONSENT AGENDA, AUTHORIZING THE PURCHASE OF THREE PATROL CARS UNDER THE -STATE CONTRACT WITH CAPITOL CHEVROLET-HONDA COMPANY, OLYMPIA, WASHINGTON. MOTION CARRIED. COUNCIL Councilman Clement noted 'that the claim for damages.in Item (C) on the Consent.Agenda.was related to the November 3 storm. He said he would like to see,a follow-up on the action taken on that -claim, and he asked the Mayor to have the Staff report to.the.Council on the action taken. Councilman Carns listed.several''House and Senate bi.l_ls.of.which he had copies, in the event other Council members were interested -in reviewing them. Councilman Carns also advised that he had been appointed to the Public Safety Committee for the National.League of Cities, and he expressed interest in attending the National League of Cities conference in .Washington, D.C., March 4 - 6. He said he would like to attend on behalf of the City and the.Public Safety Committee. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CLEMENT,..TO.AUTHORIZE COUNCILMAN CARNS TO ATTEND THE NATIONAL LEAGUE OF CITIES CONFERENCE IN WASHINGTON, D.C., FROM MARCH 4.- 6, 1979. MOTION CARRIED. Councilman Clement noted that the Council would like to have a report on the conference. 324` February 6, 1979 - continued • Councilman Carns inquired whether.a memory typewrite had been purchased for the City Clerk's office, as authorized by the Council in November. M.A.A. Dibble responded that it had not as they were investigating the possibility of using. .the one in the Administrative Services Department. He said a determination should be made in about two weeks. Councilman Gould suggested plans should be started regarding the Council's annual work session retreat. COUNCILMAN GOULD MOVED,.SECONDED BY COUNCILMAN NAUGHTEN, TO PLACE ON THE FEBRUARY 13 AGENDA.A DISCUSSION OF THE PROPOSED COUNCIL WORK SESSION RETREAT.. MOTION CARRIED. City Attorney John Wallace referred to the Arts Commission proposal.made last week and approved by the Council. He stated that the Arts Commission is an advisory body only and the document they proposed, and the Council ratified, extends their powers substantially beyond the guidelines in the ordinance, particularly relating to their powers to contract for indebtedness and expend funds set aside for the arts. He stated that the Commission has nopower to contract on the part of the City. He cited a series of paragraphs'in the document which conflict with the role of the Commission, and he suggested that he meet with them and draft another document to be presented to the Council. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN GOULD, THAT MARCH 1.3, 1979 BE SET FOR THE EDMONDS ARTS COMMISSION TO PRESENT A NEW DOCUMENT TO THE COUNCIL, AFTER THEY HAVE MET WITH THE CITY ATTORNEY TO DRAFT SUCH DOCUMENT. MOTION CARRIED. COUNCILMAN CLEMENT -THEN MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE CITY COUNCIL RETRACT THE APPROVAL GIVEN LAST WEEK OF THE OPERATING PROCEDURES FOR THE PUBLIC ARTS PLAN. MOTION CARRIED. MAYOR Mayor Harrison advised that the Snohomish County Commissioners are in the process of forming a Solid Waste Advisory Committee.in connection with a'study of resource recovery. A previous and similar committee had included Councilman Gould, with Public Works Director Leif Larson as alternate. Mr. Larson now suggested that Councilman Gould represent the City on this new committee and that City Engineer Fred Herzberg be the alternate. COUNCILMAN CARNS MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT COUNCILMAN GOULD BE APPOINTED TO REPRESENT THE CITY OF EDMONDS ON THE SNOHOMISH COUNTY SOLID WASTE ADVISORY. COMMITTEE, AND THAT CITY ENGINEER FRED HERZBERG BE APPOINTED AS THE.ALTERNATE REP- RESENTATIVE. MOTION CARRIED. Mayor Harrison said he would like to make two appointments.to the Parking Commission... To position 2 he wished to appoint Charles Korten of the Harbor House (tenant merchant) to replace Gloria Burnette who had sold her business in Edmonds. To position 4 he wished to appoint Karen Wiggins (property owner in downtown Edmonds) to replace Dave Larson who had..sold his downtown property to Mrs. Wiggins and her husband. The Council requested that the two appointees be invited to an interview with the Council prior to next week's Council meeting, at 7:15 p.m. DISCUSSION OF HEALTH DISTRICT BENEFITS TO EDMONDS BY DR..CLARIS HYATT, HEALTH OFFICER Dr. Claris Hyatt introduced her Executive Assistant, David Stockton, and distributed written infor- mation to the Council. She reviewed the programs and services of the various divisions within the Snohomish Health District, as.well as their budget and sources of revenue. She noted that the 1979 per capita assessment for Edmonds was $1.20. Councilman Carns who had previously questioned the value the City was receiving from the Health District thanked Dr. Hyatt for her enlightening presentation. DISCUSSION ON FUTURE COMPLIANCE.WITH FEDERAL SAFE DRINKING WATER ACT Public Works Director Leif Larson reviewed the request to share in .the cost of reimbursement for a filter plant design, if it should -become necessary, in order to proceed with Phase II of the water filtration studies. The Department of Social and Health Services had urged them to proceed with Phase II, covering preparation of detailed plans and specifications, and expected to cost over $1,210,000. The.DSHS had offered the City'of Everett a 1.2 million dollar loan to accomplish Phase II, which would become a grant if the City of Everett proceeds with construction of the water • filtration facilities within 12 months following completion of Phase II engineering. Before getting into the discussion of this, Councilman'Gould said he wished to state that he works for Scott Paper Company in Everett and it was his recollection that Scott had participated in the construction of the water system from Lake Champ lain to the City of Everett. He did not feel that would influence his decision on this matter but he did want to disclose it. There was no objection to his taking part in the discussion. Dr. Claris Hyatt further explained.the proposed loan by DSHS, saying the loan would have to be repaid if the plant is not constructed by 1983 and the City of Everett is concerned about obtaining the financing to construct the plant. Alderwood Water District is asking if the South County cities will participate in the repayment of the loan for the design, if it becomes necessary to repay it. -It would cost an estimated 35t per month for each resident in the cities involved, for a period of five :years. In the event the plant.is constructed and federal and state grantsdo not become available to fund it, the estimated additional cost to a single family resident would be over $3.00 per month for the next 20 to.30.years. The benefits to be gained from the proposed plant were discussed,. with the question of whether they actually were worth the costs. Regarding the existence of asbestos in the water, Dr. Hyatt said there are no studies currently available to show that the high amount of asbestos in the water is dangerous, but further study is needed to determine what the existence means. She suggested that a meeting be held with repre- sentatives from.each of the three cities and their attorneys to study this matter in detail. She also urged that legislators be contacted regarding Referendum 27 which would finance 40% of the project. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN CARNS, THAT THE CITY OF EDMONDS' REPRE- SENTATIVES TO THE AD HOC COMMITTEE OF THE'SOUTH COUNTY CITIES TO STUDY FINANCING OF FILTRATION FACILITIES BE COUNCILMAN JOHN NORDQUIST, CITY ENGINEER FRED HERZBERG, AND THE CITY ATTORNEY. MOTION CARRIED. HEARING ON FINAL ASSESSMENT ROLE.LID 203.= SEWERS VICINITY.180TH, 72ND TO 76TH City Engineer Fred Herzberg reviewed this LID which was for.installation.of sanitary sewers. The preliminary estimate had been $162,475 or $26.42 per Zone Front Foot. The final cost was $168,743.51 or $27:70 per Zone Front Foot. Assessment notices were mailed.to.property owners and one protest 325. • February 6, 1979 - continued had been received. It was -from William E. Wrobel of:7512.180th St. S.W. whose objection was to the zone termini method of -assessment.: He felt'the assessment should be'shared equally by all the property owners and not be determined by lot size or.,con.figuration. Mr. Herzberg explained the zone termini method of assessment which is established'by the Revised Code of Washington. The hearing .was then opened for public discussion. Ron Whaley of 7301 179th'S..W. cited several previous_.LIDs.in which the City had.participated and he asked that the City participate.in this one also. He felt a precedent had been established by the other LIDs so that it would be appropriate for the.City:to.participate in order to lower the assess- ment to $20 per Zone Front Foot.. Martha Christofero..of•15614 E. Shore Dr., Lynnwood, one of the property owners, asked.how:-many lots were in the project and she was told there were 62. City Attorney John Wallace then advised regarding the legalaspects of the hearing,.saying.all persons objecting must file their objections in writing with. -the City Clerk and the City Council must consider them and either reject them or modify the assessments or.approve the assessment role. The next appeal would be to Superior'Court within ten days after the passage of the LID ordinance and its becoming effective. He said failure to file an..appeal precludes any further review of.the Council's decision. He also explained the payment.procedures. Public Works Director Leif Larson said there are no uncommitted'funds-in the Water/Sewer-Fund, mainly because of the Depreciation Fund. He said that except for.,the Chase Lake sewer.LID:most of the City's participation in LIDs had been where there were special facilities included, such.as pump stations .or large sewer mains. He also noted that on the Chase Lake LID there had been:about.18 bidders which made competition keen for the job, but on this LID.it was difficult to get.bidders and they even had to go out for bids twice. The public portion of the hearing was then closed. COUNCILMAN NAUGHTEN'MOVED, SECONDED BY COUNCILMAN CLEMENT, TO ADOPT.ORDINANCE 2051, APPROVING LID.203 WITH NO PARTICIPATION BY THE CITY BECAUSE THOSE LID'S IN WHICH THE CITY HAD PARTICIPATED HAD SPECIAL REASONS TO JUSTIFY `HAT PARTICIPA- TION; FURTHER, THAT THE INTEREST RATE BE 7%. Councilman flaughten.said he did not feel the objection to the zone termini method of assessment was valid because that method is established by the Revised Code of Washington. Councilman Clement added that.there are several subdividable lots in the LID and when they are subdivided the equality of the Zone Front Foot assessments will.come very close. THE MOTION CARRIED. ELEMENTARY SCHOOL BOND ISSUE Dick Kennedy, Vice President.of Seattle-Northwest:Securities Corporation, the City's financial adviser, discussed interim fund-ing-for the purchase of the Edmonds.Elementary School. He advised that if the Councilmanic bonds were to be refunded with GO bonds, then they must have a short call provision--for-six months or less--and-for that flexibility about 1% more would have to be paid. He cautioned against expecting the voters to approve GO bonds for the refunding, saying he had not seen a single municipality, once the service was received,.vote to take on the burden of payment. Discussion of the options indicated a tendency toward the use of.interim warrants until planning is more complete for the property. Finance Director Art Housler.said:he had checked with various banks and was quoted rates from 6.1% to 7%, with a firm commitment of 6.5% from one for a year. COUNCILMAN CLEMENT MOVED, SECONDED BY COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION AUTHORIZING THE ADMINISTRATION TO ISSUE INTEREST BEARING: WARRANTS FOR.INTERIM FINANCING OF THE PURCHASE OF THE EDMONDS ELEMENTARY-SCHOOL, AND THAT:.THE ADMINISTRATION PREPARE,A BUDGET AMENDMENT RECOGNIZING THE ACCEPTANCE OF 3/4 OF 1% INCREASE IN THE UTILITY TAX AND FUNDING'OF THE WARRANTS. MOTION CARRIED. ..LAND DEVELOPMENT AND LANDSLI7DE HAZARDS IN THE MEADOWDALE AREA City Engineer Fred Herzberg said they are experiencing pressures for building permits in,the Meadowdale area where there is ample evidence that there are landslide hazards and he provided a map of the critical area. He recommended that no new construction, with specific exceptions, be allowed within that area until various tasks were accomplished, which he estimated would take six. -to eight months. • He said that by allowing septic tanks and runoff from construction to put water into the soil, the slide problem is being aggravated. He felt there was sufficient justification to withhold building permits in this area until an assessment of the risks is made. He said a loose estimate of the costs of such a study would.be $40,000. COUNCILMAN:CARNS MOVED, SECONDED BY COUNCILMAN GOULD, TO PLACE ON THE FEBRUARY 27,. 1979 AGENDA A PUBLIC HEARING ON THE POSSIBILITY OF A BUILDING MORATORIUM IN THE MEADOWDALE AREA, AND THAT THE CITY ENGINEER PROVIDE AT THAT TIME SOME ESTIMATES ON THE COSTS OF THE STUDY. MOTION CARRIED. There was no further business to.come before the Council, and the meeting adjourned -to Executive Session at 10:30 p.m. IREN VARNEY MORAN, C y ierk HARVE H. HARRISON, Mayor 9