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19800909 City Council Minutes117 • September 2, 1980 - continued There was no further business to.come'before the Council, and the meeting adjourned to Executive Session at 12:40 a.m. IRENE VARNEY MORAN, C6ty Clerk HARVE'H. HARRISON', Mayor September 9, 1980 - Work Meeting The regular meeting of the Edmonds -City Council was called -to order at 8:05 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT' ABSENT STAFF PRESENT' Harve Harrison, Mayor John Nordquist Charles. Dibble, M.A.A. Jo -Anne Jaech Fred Herzberg, Public Works Director Bill 'Kasper Irene Varney Moran, City Clerk Katherine Allen Art Housler, Finance Director Ray Gould Jack Wei.nz, Fire Chief Larry Naughten Mary Lou Block, Planning Division Manager Mary Goetz Jim Jessel, Parks & Recreation Director Jim Murphy, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (B), (D), and (G) were removed from the Consent Agenda.. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN 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) Acknowledgment of receipt'of Claims for Damages.from.H. P. Gerdon in the amount of $36.E4 and from Ted Segelbaum in the amount of $297.47. (E) Adoption of Ordinance 2157,.vacating the east side,of 6th Ave., south of Elm. (-F) Passage of Resolution.475, setting a hearing date.of September 23, 1980 to establish a small works roster. (H) Setting date of September 23., 1980 for hearing on amendments to Parking Ordinance (Railroad Ave.) APPROVAL,OF MINUTES .OF- SEPTEMBER.2, 1980 [Item (B) on Consent Agenda] Councilman Gould asked that the. Minutes .be amended on page 1, the twelfth line under the "MAYOR" section,,to insert the word "except" between the words "law" and ".on," so the end of that sentence reads ". . . he was not going to enforce the law'exce t on those issues in his favor." COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN NAUGHTEN, TO APPROVE ITEM (B) ON THE CONSENT AGENDA, AS -AMENDED. MOTION CARRIED. . • REPORT ON.BIDS:RECEIVED FOR:INTERIM.FINANCING OF -LID 206 [Item.(D).on Consent.Agenda] Councilman Naughten noted that the Finance Director had requested approval of the award of the bi.d in the form of a motion, for bank purposes. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO AWARD -THE BID FOR INTERIM FINANCING OF LID 206 TO OLYMPIC BANK WITH 6.5% INTEREST.RATE, AND APPROVING ITEM (D) ON THE CONSENT AGENDA. MOTION CARRIED. AUTHORIZATION.FOR MAYOR TO EXECUTE.PROPOSED GENERAL AGREEMENT FOR.ENGINEERING SERVICES BETWEEN CITY'!OF.:EDMONDS':AND REID, MIDDLETON & ASSOCIATES, INC. [Item(G) on Consent Agenda] Councilwoman Jaech asked what the normal procedure was for such contracts. Public Works Director Fred Herzberg responded that Reid,. Middleton & Associates had been the Ci-ty'_s consulting.engineers for a large number of years and.they are capable of doing some*of the small jobs when the City does not have the time. The City has a contract with them which this new contract will replace. Mr. Herzberg said that on specific construction.jobs the City goes out for bids. He noted that many cities have a contract with just.one-firm,-some go out.for.each and every job, and some do both -- which is what Edmonds does. And he.also noted that their rates are compared with those of other firms. ..Councilman Gould said he recognized that Reid-Middleton.has.the records and history to give the City efficiency, but'he suggested that the fee structures be.requested from other firms for comparison. He suggested that this be..sent back to.Rei.d-Middleton and that they be advised that other firms. are being asked to subm.i.t .thei.r engineering.,fees for. general municipal. projects... COUNCILWOMAN..ALLEN MOVED, SECONDED.BY..000NCILWOMAN.GOETZ,,,THAT ITEM (D) BE CONTINUED TO.. OCTOBER 7,. 1980 AND THAT ENGINEERING FEE PROPOSALS, BE SOLICITED-FROM_OTHER' ENGINEERING FIRMS. MOTION CARRIED. COUNCIL Councilman Gould advised that he would.be.absent-September...16, 1980. Councilwoman Goetz. -questioned some of..the figures in the..letters sent by the Mayor to water customers *.in the City. He explained that there was a mix-up in terminology, resulting in the variance in the ** figures. *See amendment, 9-16-80 **See second amendment, 6-23-80, under "COUNCIL" (page 122) September 9, 1980 - continued Councilwoman Allen referred to a letter.from attorney Thomas Rakus.regarding the dirt removal on Sprague St.- and requesting a response by September 5. City Attorney Jim Murphy said he had responded to Mr. Rakus, advising that the City had formed the LID. He briefly.explained the status of the Sprague St. LID. PRESENTATION.OF INTERLOCAL.AGREEMENT..FOR.FUNDING AND DEVELOPMENT OF SOUTH SNOHOMISH , COUNTY CULTURAL.:ARTS:AND CONVENTION -COMPLEX. Ed Aliverti from Edmonds Community College, and Tom Nielsen, president of the college, were present to discuss the proposal. Mr: Aliverti briefly reviewed the previous attempts to fund such a develop- ment and then discussed the present efforts. They feel if they can show that six public agencies are working together for their effort they wi.11 get positive legislative response --seven million dollars for the construction. The intent is to.go..forward with Phase I of their plan which would be a 1,000 seat facility constructed on.college%school: district 1 and,.and.at..a later date use that facility, the Tand,-plus pledges ­to go for..matching federal.funds.to construct the second phase, a 3,000 seat facility. Mr.. Aliverti stated that -legislators from this area had indicated six signators would be very effective. The interlocal agreement now under consideration would not commit the participants to anything more than they already had approved. The proposed interlocal agreement was provided in draft form, the .basis of which was the agreement previously signed and updated with the proposed changes. Councilman Gould felt.the.agreement should be more clear in that Phase I and Phase II should be separated and not intermixed. City Attorney Jim.Murphy.noted that the prior agreement contemplated a district and the current.. one does -not. He. said he did not think the City is bound by the Phase II commitment, especially with Lynnwood having failed to participate with money. He found the proposed_ document difficult to read and felt there should be separate documents for each phase. COUNCILMAN NAUGHTEN MOVED,.SECONDED BY COUNC.ILWOMAN.ALLEN, THAT THE COUNCIL RECOMMEND ` TO THE MAYOR THAT CHANGES BE MADE IN THE INTERLOCAL AGREEMENT AS DISCUSSED, SEPARATING PHASE I FROM PHASE II. The Council discussed some of the ways the City may use the complex. THE MOTION THEN CARRIED. • PRESENTATION OF.LETTER_OF.INTENT FOR.ANNEXATION.OF AREA BETWEEN 227TH,PL. S.W. AND 228TH ST. S:W:; AND'BETWEEN�80TH:AVE:.'W:.:AND'PRESENT CITY LIMITS City Clerk Irene Varney Moran provided a letter of intent to commence annexation proceedings, signed by owners of approximately 65% of the assessed.valuation of property within the area (10% being required). A certificate of validity and sufficiency of the petition also was attached. She advised that the Council should set a date not.later than 60 days after the filing of the request to meet with the proponents to determine (1)..Whether the'City will accept the proposed annexation; (2) Whether the City will require the simultaneous adoption of a.proposed zoning for the area; and (3) Whether the City will require the assumption of existing City.indebtedness by the area requesting annexation. At that meeting with the petitioners the Council also.will determine whether to advise them to proceed with a petition for.annexation, which must be signed by 75% of the assessed valuation of the property seeking annexation. Vern Elder, 22701 78th Ave. W.;-the person who had carried the petition, said they had signatures in excess of 80%. COUNCILWOMAN GOETZ MOVED, SECONDED BY COUNCIL- WOMAN ALLEN, TO SET OCTOBER 7, 1980 TO.MEET WITH THE PROPONENTS OF.THE SUBJECT ANNEXATION. MOTION CARRIED. DEPARTMENT OF EMERGENCY SERVICES SPECIAL ASSESSMENT M.A.A. Charles Dibble noted that the City.had been assessed an additional $3,162.50, based on a majority vote of the Snohomish County Emergency Services Council. .He said there was a question as to whether they can do that, and -the City.does not feel it has gotten its money's worth so far. He noted that Mountlake Terrace will not,pay-the.additional assessment until they see the DES repre= sentative working in South Snohomish County, and Lynnwood will not.pay it, but Lynnwood had not signed the.agreement at all and wanted to promote the idea that this be done through SNOCOM and that money be contributed to SNOCOM. Mr. Dibble recommended that Edmonds consider paying it if solid representation is given that -Edmonds will receive in coming months. substantial assistance in the • development of its detailed local disaster.plan. There are special problems which need special attention (a tank farm, trains, and a waterfront which can be blocked by a train) and a good disaster plan is essential. He also noted that .a new Assistant Fire Chief will be on duty shortly who has done a lot of work in'the area of disaster planning but who could benefit from assistance from the Snohomish County DES as they know what resources.are in,the area. John Brownson, Director of the Snohomish County DES was present, and he.enumerated the various activities in which the DES.has been involved for the benefit of South.,Snohomish .County. He.felt .the DES.bylaws assured the City that it would get the services it required, but he was told the City would like tohave in writing what DES will provide in return for the City's payment. He was asked for assurance that somebody would be in the local area and that his schedule be provided. Mr. Brownson.was asked for a response .in .writing, towhich he was agreeable. He noted that the.estimated assessment for next year was 19¢ per capita. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, THAT.THE DES SPECIAL ASSESSMENT BE PLACED ON THE SEPTEMBER 16, 1980 AGENDA, WITH AN'EXPECTED.WRITTEN RESPONSE..AT THAT TIME -FROM MR. BROWNSON. MOTION -CARRIED. CONSIDERATION OF PROPOSED.-ORDINANCE.REGARDING..PARTICIPATION BY.PUBLIC OFFICIALS IN MATTERS AFFECTING PROPERTY This had -been continued from the meeting of. August 26, 1980., COUNCILWOMAN.GOETZ.MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO:ADOPT ORDINANCE 21.58, AMENDING SECTION 1.14..040 OF THE EDMONDS CITY CODE REGARDING PARTICIPATION -BY PUBLIC OFFICIALS IN,MATTERS AFFECTING PROPERTY. Councilwoman Jaech said it was her understanding from the -City Attorney that .this really was.not needed. City Attorney Jim Murphy responded that if'the`ex'isting ordinance was going to.be retained it should be amended with this proposed ordinance. The existing ordinance was adopted prior to the State's having such a law, and Mr. Murphy noted that most of the:lawyers in.the area would not.have the City Code but would have the State Code and would look to that. Councilman Gould.felt,.however, that residents would September 9, 1980 - continued look at the City ordinances, not.the State ordinances, and he noted that such had occurred in the incident which started this action.` T-HE MOTION THEN CARRIED. Councilman Kasper asked that Mr. Murphy peruse the City ordinance.to see what is there that is not in the State ordinance. WATER SUPPLY.CONTRACT WITH.SEATTLE Public Works Director Fred Herzberg stated that the City has.not had.a water supply contract with Seattle, although it has been getting water from Seattle for a.number of years. He said he was looking this evening for an intent to sign. He discussed.some.of the key provisions of the proposed contract. 'It will be a 30-year contract, guaranteeing the.supply. of water the City will need for that time, and treating Edmonds. the same as Seattle's.other..customers. Rates will.be reviewed by independent consultants. There wi.11..be a special account established for the purveyor to assure - that the purveyor will be credited .if:purveyor..revenue exceeds -cost of service. There will be a; committee of purveyors (9:members). The City would commit itself to implement whatever water conservation plans. Seattle may propose. Mr. Herzberg noted.that.the City now is paying for the cost of Seattle's supplying water to Edmonds and under the proposed contract Edmonds will have propor- tionate -ownership of whatever inputs into Seattle's expansion.facility. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, TO AUTHORIZE THE MAYOR TO EXECUTE THE LETTER OF INTENT REGARDING A LONG-TERM WATER PURVEYOR CONTRACT WITH THE CITY OF SEATTLE. MOTION CARRIED. There was no.further business to.come before the.Council, and the meeting was adjourned at 9:50 p.m. IRENE VARNEY MORAN, Crty Clerk HARVE, H. HARRISON, Mayor' September 16, 1980 The regular meeting of the Edmonds.City Council was called.to order at 8:05 p.m..by Mayor Harve Harrison in the Council Chambers of the.Edmonds Civic Center. All. present joined in the flag salute. PRESENT ABSENT STAFF PRESENT lHar.ve Harrison, Mayor Ray Gould Charles Dibble, M.A.A. o-Anne Jaech Fred Herzberg, Public*Works Director ill Kasper Irene Varney. Moran, City Clerk Katherine Allen Art Housler, Finance Director John'Nordquist Jack Weinz, Fire Chief Larry Naughten Marlo Foster, Police Chief Mary Goetz Mary Lou Block., Planning Division Manager Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy'City Clerk CONSENT AGENDA Items (B), (C),.and (F) were removed.from the Consent Agenda. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, TO APPROVE .THE.BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved • items on the.Consent Agenda included the following: (A) . Roll call. (D). Approval of payment of -additional assessment.of.$3,162.50 to Snohomish County Department of Emergency Services from..the Council Contingency Fund.. (E) -Approval of interlocal..agreement.for county -wide arson program and authorization for Mayor Jo execute it and make payment.of.$1,676.78: APPROVAL OF MINUTES OF SEPTEMBER 9,.,1980 [Item (B) on Consent Agenda] Councilwoman Allen asked whether the..provisos were included in.the letter of intent regarding the long-term water purve or-contract.with.the City of Seat.tle..(with reference to the last motion -on page 3 of the minutes. PublicWorksDirector Fred Herzberg responded that they were. . Councilwoman Goetz wished to have the minutes amended in.the "COUNCIL"' portion on page 2. Following her question regarding the figures contained in the letters sent.by the Mayor to water customers, she said his reply should be changed -to:. "He explained that the figures in question had no bearing to the letter and should not'have been included in the.letter." ..She -said she did not think there was.a mix-up in•terminotogy as.ind.icated when there was $420,000.and the Mayor said it should not have been n there. Mayor Harrison.,stated that in looking.at.if ftYrther he thought the statement was correct and that the minutes,should remain as wr.i-tten,.that,.it was: in reference.to this account and .it is the water/sewer°account. Councilwoman Goetz .:said..that-was not what he said at the last meeting, and if he wanted`to make that change now., then .he shou.ld;do so. Mayor Harrison responded "I make that change now then.'' Councilwoman Goetz stated "Then•.I will challenge it later." COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE ITEM (.B).ON THE CONSENT AGENDA, AS AMENDED.- MOTION.CARRIED.