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16 <br />December 2, 1980 - conti;nued <br />APPROVAL OF MINUTES OF NOVEMBER 25, 1980 [Item (B) on Consent Agenda] <br />Councilman Kasper referred to page 3 of the Minutes, the middle portion of the first paragraph, <br />wherein he described his discussion with Mike Herb regarding <br />the Hearing <br />Examiner position. -He said <br />it was he, Councilman Kasper, who said it was too late, and <br />Mr. Herb said <br />he thought he would.look <br />into it, and Councilman Kasper said to go ahead, that it may <br />be reopened. <br />COUNCILMAN KASPER MOVED, <br />SECONDED BY MAYOR PRO TEM NORDQUIST, TO AMEND THE MINUTES OF <br />NOVEMBER 25, <br />1980 AS DESCRIBED,.APPROV- <br />ING ITEM (B) ON THE CONSENT AGENDA. MOTION CARRIED. <br />REPORT ON BIDS OPENED NOVEMBER.25, 1980.FOR.1981 CHLORINE REQUIREMENTS <br />TItem F on Consent Agenda <br />Councilman Gould noted that the Staff had requested that this .item be continued until December.9, <br />1980. COUNCILMAN GOULD MOVED, SEC ONDED.BY COUNCILWOMAN GOETZ, TO CONTINUE THE REPORT ON CHLORINE <br />BIDS TO DECEMBER 9, 1980. MOTION CARRIED. <br />APPROVAL OF APPLICATION FOR CABARET DANCE.LICENSE FOR EDMONDS WEST TAVERN <br />Item I on Consent Agenda <br />COUNCILWOMAN.ALLEN MOVED, SECONDED BY COUNCILMAN KASPER, TO APPROVE THIS APPLICATION BUT THAT <br />APPROVAL BE SUBJECT TO COMPLIANCE W'ITH'THE FIRE CODE. Councilman Gould noted that the Fire Marshal <br />had recommended that the front door be:allowed to swing in (it is required to swing out when the <br />occupant load.reaches 50). He had stated that the actual. occupant load seldom will reach 50, and if <br />the door were changed to swing out it would cause a hazard to pedestrian traffic on the sidewalk. <br />Councilman Goul.d asked Fire Chief Weinz whether the City would be faced with any liability by not <br />requiring that the door swing out, and Chief Weinz responded that allowing it to swing in was • <br />justified for the reasons given, and the occupancy would seldom go beyond 50. THE MOTION CARRIED. <br />MAYOR <br />Mayor Pro tem Nordquist read a memo from Mayor Harrison to the Council, appointing James Driscoll to <br />the position of Hearing Examiner. Mr. Driscoll is a lawyer who lives and practices in Seattle and <br />is the Hearing Examiner for Redmond and Everett. The Council agreed to interview Mr. Driscoll at <br />7:00 p.m., December 9, 1980. There will be no Public Safety Committee meeting that night. Council- <br />man Gould asked that the Council be provided a copy of Mr: Driscoll's resume in their next Council <br />packet. <br />COUNCIL <br />Councilwoman Allen noted that a letter had been received from Peggy Harris regarding a "Boycott <br />Edmonds" notice that had been placed on car windshields at area shopping centers. The notice was <br />signed by "Concerned Residents" and stated that to boycott Edmonds merchants is the only way to <br />protest the high water and sewer rates. Councilwoman Allen said the notice is unfair, has erroneous <br />facts, and takes out anger against the City and the City Council on the merchants. She noted that <br />to boycott the Edmonds merchants would be self-defeating as the tax dollars then would go to other <br />cities. Further, the notice does -not recognize that the Council is working to do what it can about <br />the high rates, and boycotting the merchants cannot do any good there. She said she ordinarily does <br />not reply to anonymous threats but felt something should be said on behalf of the merchants. Also, <br />she was concerned that "Concerned Residents" may be confused with the "Concerned Citizens Council of <br />Edmonds." Councilman Kasper added that many of the merchants have been receiving telephone calls as <br />well from this person or persons. He noted that the person(s) had not picked up on the fact that <br />the City is going to an -outside consultant and has reduced the rates while waiting for the consultant's <br />report. <br />• <br />Councilwoman Jaech asked City Attorney Wayne Tanaka whether he had researched the policy of PUD to <br />match funds for undergrounding. Mr.'Tanaka had prepared a written response and he stated that there <br />had been no contract-with.the City to provide matching funds, but in 1975 PUD passed a resolution to <br />set aside 2% of gross revenues from the service area to constitute matching funds for undergrounding <br />of existing and new facilities. Due to budgetary considerations, PUD repealed its resolution in <br />late summer of 1980, and discontinuance of this policy does.not violate any contractual obligations <br />with the City. <br />Mr. Tanaka also had been asked about the ability of the Mayor to cast a tie -breaking -vote regarding <br />the dispensing of funds. Mr. Tanaka said the Mayor couldnot vote on "any resolution for the <br />payment of money," but the State Statute is not entirely clear as to exactly what constitutes "any <br />resolution for the payment of money." Taking the statute literally it would appear that it refers <br />to resolutions authorizing payment-of:City funds, includingresolutions transferring funds from the <br />Council contingency and authorizing expenditures and, perhaps; resolutions authorizing the sale of <br />bonds. However, absent any resolution actions of the Council to authorize expenditure of funds, the <br />Mayor would-be able to cast a tie -breaking vote: Mr. Tanaka observed that resolutions do not come <br />up very often, most.actions being accomplished by an ordinance -or just a motion. <br />Councilman Kasper advised that Councilwoman Allen and he had attended the committee meeting regarding <br />the Anderson.Center development and,the architect is at a loss as to the size of the auditorium that <br />the Council has in mind.- It was decided to discuss this at.the budget work session scheduled for <br />December 6. <br />Councilman.Nordquist asked for a brief Executive Session following this evening's meeting to discuss <br />a personnel matter. <br />