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19801209 City Council Minutes167 December 2, 1981 - continued 1 1 THE MOTION THEN CARRIED, WITH COUNCIL MEMBERS KASPER AND ALLEN VOTING.NO. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILWOMAN GOETZ,-TO PASS ORDINANCE1'2183, ADOPTING THE NEW CITY CODE (CODIFYING TITLES 1-21). MOTION CARRIED. ; There.was no further business'to come before the Council., and the meeting adjourned to Executive Session at 10:15 p.m. IRENE VARNEY MORAN, City Clerk December 9, 1980 - Work Meeting J „NORDQUIS Mayor�,;Pfo tem The regular meeting of the Edmonds.City Council was called to order.at 8:00 p.m. by Mayor_Pro tem John Nordquist in the Council Chambers of the Edmonds Civic Center. All present.joined in the flan salute. PRESENT, John Nordquist, Mayor Pro tem Ray Gould • Paul Christensen, Student Rep,. JoAnne Jaech Mary Goetz Katherine Allen Bill Kasper ABSENT Harve Harrison, Mayor Larry Naughten STAFF PRESENT Charles Dibble, M.A.A. Fred Herzberg, Public Works Director John.LaTourelle, Planning Consultant Mary Lou Block, Planning Division Mgr. Irene Varney Moran, City Clerk Jim Jessel, Parks & Recreation Dir. Art Housler, Finance Director Jack Weinz, Fire Chief. Dan Prinz, Asst. Police Chief Jim�Adams; °:Ciay': Engineer Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk Mayor Pro tem Nordquist welcomed several representatives from the City of Everett, the Snohomish County Health District, and the Public Utility District. CONSENT AGENDA Item (C) was removed from the Consent Agenda. COUNCILMAN.GOULD MOVED, SECONDED.BY COUNCILMAN KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA., MOTION CARRIED. The approved items on the Consent Agenda included the following: .(A) Roll call. (B) Approval of Minutes of.December 2, 1980. (D) Acceptance of Quit Claim Deed from Robert Hacker. (E) Report on bids'opened November 25, 1980 for 1981 chlorine requirements, and award of bid to low bidder Jones Chemicals in the amount of $20,286. • (F) Approval of contract for geotechnical study for Anderson Center Library, fee not to exceed $3,600. (G) Passage of Resolution 480, reaffirming the Council's support for the.Edmonds business community. ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES [Item (C) on Consent Agenda] Claims for damages were received from Edith Wicker.in the amount of $67.39,.from .Donald D. Brooks in the amount of $367.4.1, and from the Estate of Roy S. Jessen (Jess Jessen,Admi.nistrator) in the amount of $2,000,000. Councilwoman Goetz noted that the claim from the Estate.of Roy S. Jessen had been received approximately l 1/2 years after the incident and the claim form indicates claims must be received within 1.20 days. City -Attorney Wayne Tanaka responded that the State Supreme,Court has ruled that the.120=day requirement is, unconstitutional and the claimant must file within the statute of limitations period which is.three years. COUNCILMAN GOULD MOVED., SECONDED BY COUNCILWOMAN GOETZ, TO.APPROVE ITEM (C) ON THE CONSENT AGENDA, ACKNOWLEDGING RECEIPT OF THE THREE CLAIMS FOR DAMAGES. MOTION CARRIED. MAYOR Mayor Pro tem Nordquist again read Mayor Harrison's memorandum to the City .Council, appointing James Driscoll to the position of Hearing Examiner. Mr.. Driscoll was interviewed by the Council just prior to this evening's meeting. COUNCILMAN GOULD-MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO CONFIRM THE MAYOR'S APPOINTMENT-OF.JAMES;DRISCOLL TO THE POSITION OF HEARING EXAMINER FOR THE CITY OF EDMONDS, TERM TO BE FOUR YEARS, WITH A ONE-YEAR PROBATION PERIOD. Councilman Gould said -he found Mr. Driscoll well able to fulfill the duties, and Councilman -Gould was very comfortable with this appointment. THE MOTION CARRIED. Mayor Pro tem.Nordquist noted that the Council had.planned to discuss the auditorium at the new library*at their meeting last Saturday, but they did.not get to it. Councilman Kasper said the 168 December 9, 1980 - continued 0 architects need to know the size the Council wants so they can include the dimensions inthe design they will be presenting next week. They had indicated that the location could be expanded at a later date. Councilman Kasper saw.no immediate need to go over 150 seats. COUNCILMAN KASPER MOVED THAT THE AUDITORIUM IN THE LIBRARY. DESIGN BE LIMITED TO.APPROXIMATELY 2,200 SQ. FT. TO ACCOMMODATE A SEATING CAPACITY OF 150, AND THAT'IT BE DESIGNED SO IT COULD BE EXPANDED. COUNCILMAN GOULD SECONDED THE MOTION, WITH THE AMENDMENT THAT'.THE ROOM WILL BE DESIGNATED A MULTI -PURPOSE CONFERENCE ROOM, WHICH WAS ACCEPTABLE TO COUNCILMAN KASPER. THE MOTION CARRIED, AS AMENDED. City Attorney Wayne Tanaka distributed copies of the December 8, 1980 Court of Appeals ruli.ng-which found the Edmonds Municipal Court-to..be:illegal. He said he would like:'to speak to'tfi�e Council in Executive Session following this, meeting to discuss how they should proceed with this matter. He also distributed a proposed ordinance for filing violations in the South District Court while this matter is pending,'rather than expose the City to potential liability in case it does not appeal or the appeal is not successful. He said it basically involved payment of a filing fee where one is not paid now, but'on the other hand a.judge's salary will not be paid. .COUNCILMAN GOULD MOVED, SECONDED BY COUNCILWOMAN ALLEN,.TO ADOPT ORDINANCE 2184, AUTHORIZING THE FILING OF TRAFFIC VIOLA- TIONS, TRAFFIC INFRACTIONS, AND.CRIMINAL CITATIONS IN THE SOUTH DISTRICT COURT, AND DECLARING AN EMERGENCY. MOTION CARRIED UNANIMOUSLY, WITH SIX MEMBERS PRESENT. (A majority plus one of the whole membership of the Council required.) Regarding the resolution passed under Item.(G) on the Consent Agenda, Councilwoman Allen felt it should get more notice than just passage on the Consent Agenda. This was a resolution reaffirming the Council's support for the Edmonds business community after handbills had been spread through the City urging boycotting of the -Edmonds businesses. Councilwoman Allen noted that copies of the resolution will be sent to both the Edmonds Chamber of Commerce and the'South County Chamber of Commerce. • Mayor Pro tem Nordquist asked Parks & Recreation Director. Jim Jessel to report regarding -the light standards which.were blown down at the Edmonds junior High Playfield. Mr. Jessel said permission must be obtained from the School District before making any capital improvements. He provided a sample letter to the School District requesting permission to do some structural improvements and approval of master plan changes, and he suggested a date be set fora Junior High Playfield Master Plan Hearing in late January to discuss the improvements. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN GOULD TO SET JANUARY 13, 1981 FOR A JUNIOR HIGH PLAYFIELD MASTER PLAN HEARING. MOTION CARRIED. COUNCILMAN GOULD THEN MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT A LETTER BE SENT TO THE SCHOOL DISTRICT REQUESTING APPROVAL OF THE MASTER PLAN CHANGES. MOTION CARRIED. Mayor Pro tem Nordquist advised that the Council wished to have a budget work meeting on.Saturday, December 16, 1980, at 8:00 a.m. The meeting will be held in the Council Chambers. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO MOVE ITEM 7 ON THIS EVENING'S AGENDA ('FINAL BUDGET REVIEW AND INSTRUCTIONS TO CITY ATTORNEY) TO DECEMBER 16, 1980. MOTION CARRIED. Mayor Pro tem Nordquist noted that the .workday following the December 23 meeting will be Christmas Eve and the City offices will be closed the rest of the week, making i't difficult for the Staff to prepare and deliver the Council packets for the following meeting. THEREFORE, MAYOR PRO TEM NORD- QUIST MOVED, SECONDED BY COUNCILWOMAN ALLEN, THAT THE DECEMBER 23, 1980 COUNCIL MEETING BE CANCELLED AND EVERYTHING SCHEDULED FOR THAT MEETING BE MOVED TO THE MEETING OF DECEMBER 30, 1980. MOTION CARRIED. COUNCIL Counci.lwoman.Allen read a letter from.Betty T0bell,'20228 87th W':, expressing concern about access to schools from her neighborhood. A path at the end of her street which had been used for years recently was fenced because the owners of the property through which it ran discovered they would be liable in case of any injury occurring on the path. Public'Works'Director Fred Herzberg said he was • aware of the situation and he had the path along 88th cleared as it is a public right-of-way, but the children from the cul-de-sac on 87th to 88th are blocked by the fence. He said he would have to look at.i't.in detail. COUNCILWOMAN ALLEN MOVED, SECONDED'BY COUNCILWOMAN GOETZ, TO PLACE THIS MATTER ON THE JANUARY 6, 1980 AGENDA. MOTION CARRIED. Councilwoman Allen said the Council had received a letter from Forrest Walls of the Concerned Citizens Council supporting the City newsletter and saying the issues which have appeared have been well done and have provided an -essential service to the community. Councilwoman Allen said she thought it was accomplishing what.the`Council wanted. Councilman Gould noted that the Council had received a petition from nonrepresented City of Edmonds employees requesting that the Mayor and City Council consideh in the'1981'Budget proposal equality in the.cost-o:f=living increases for all"City employees. He said the Council had been talking about not being able to do that for all.City employees, but this item would be considered at Saturday's budget work session. Councilwoman Jaech noted that the Mayor's appointments to the Planning Advisory Board was scheduled on the December 16 agenda, and she asked if the Council would interview them first. Councilman Gould said they should be made aware of the projects they will address and what their duties will be. It was agreed that they would be interviewed beginning at 6:45 p.m., just prior to next week's meeting.. COUNCILWOMAN JAECH MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT EACH APPOINTMENT TO THE PLANNING ADVISORY BOARD;BE CONFIRMED BY THE'COUNCIL INDIVIDUALLY. MOTION CARRIED. REVIEW OF EVERETT WATER FILTRATION PROGRAM Public Works Director Fred Herzberg reviewed the background of this program. Everett must build a filtration plant to treat the water serving much of Snohomish County, but it does not control the I 1 LJ 169 . December 9, 1980 - continued watershed. That is controlled.by,the pepartment of Ny tuw,Res.Qurces,�nd there has been more and more a problem with turbidity..which causes.less effective.chlorinati_on.treatment.. At the same time, the PUD is raisi,ng.Culmback'Dam and must filter the downstream water to.protect the fish habitat, and if the.two programs can proceed together-PUD will not need separate filter facilities so,will contribute approximately 12 million dollars to the.construction of the Everett plant. The Department of Social and Health Services had advised the City of Everett of its regulatory position in the event the City of Everett were to abandon or substantially delay its water filtration plant project. The enforcement actions were several, the ultimate action being'to file a lawsuit asking the court to issue a mandatory injunction. Mr. Herzberg reviewed the table of financing requirements. Edmonds,,.consump.t'i on i s 9% of _,the present flow from. the. Everett system.,and its liability would be 1.6 million dollars. A' chart.was 'distributed which compared the costs of continuing with the existi.ng dual water sources (Everett and Seattle) as opposed to shifting to a sole'source (Seattle), and it was found to be more advantageous to stay with the dual system. Marvin Haglund, Assistant Public Works Director for the City of Everett, introduced the representatives from PUD and the City of.Everett. He said they had reduced the project costs to what they considered to be an absolute minimum. He said that Everett will need a filtration plant whether PUD proceeds with its project or not, and he added that the Seattle watershed is very similar to Everett's regarding amounts of asbestos. William Hulbert of the PUD discussed the Sultan River hydroelectric project and said PUD would have to spend 10-12 million dollars.during its construction phase if Everett did not go forward with its filtration plant, and that is why the PUD was willing to spend that amount on the Everett project. He supported the City of Everett's request that all -the cities participate. (At this time, 9:30 p.m., Councilwoman Goetz left the meeting.) • Dr. Claris Hyatt, Health Officer from the Snohomish Health District, said that regardless of the hydroelectric issue, the water system is.under an order that was issued in the 1970s to work toward filtration of the water, and should Everett take the position of not doing it the Department of Social and Health Services would proceed along legal avenues to see that it does, and even if PUD did not want to build the hydroelectric project it would be the same except that the timing may be different and the sense of urgency may not be as great. She said they are only using chlorination to protect the water and.chlorination "is not effective as the turbidity increases, and high level' logging will increase the turbidity.. Further, Everett wil-'l never have control of the watershed because a great deal of it is owned by the Department of Natural Resources. Regarding the existence of asbestos, she said although inhaling asbestos has been proven to be a health hazard, it has not been proven that there is a health hazard in drinking water with asbestos fibers. 'She noted that the Fred -Hutchinson Cancer Center is conducting a study in this regard. Councilman Gould asked what avenues are available to the City to require the Department of Natural Resources to cease activity in the watershed thatis causing the filtration problems.. Bruce Jones, Assistant City Attorney for the City of Everett, said'Everett had sued the Department of Natural Resources three times and currently has a suit going. He.said the Department has a statutory obligation to harvest the timber for funds to apply to State projects, so if you are going to. ask them to cease activities in the basin.then it is reasonable that the rest of the State ask for compensation for that, and even if the funds could be raised to pay the compensation to get a closed watershed there would still be a water quality problem. Councilman Gould asked for an explanation of how the filter system works, and:Mr. Haglund described it; noting that water for industrial uses would not be filtered. Bob Overstreet, President of.the.Everett City Council, said that after conducting a study, the Everett City Council made the decision that Everett .should -be the major purveyor of water for Snohomish County until it could be done.at lesser cost by another entity. Everett estimates their customers will have to pay $2.00-$2.10 additional per month to..pay for the.`.filtration system, and they recently have had other large rate increases for replacement of old water and sewer lines, just as Edmonds is experiencing. He noted that there would.be no profit to the City of Everett in running • the system.. Bruce Jones stated that the-.Alderwood Water District wanted the concurrence of.Edmonds to stay on the system for the time necessary to amortize the costs of filtration. . Mr. Tanaka said there is no understanding in the contract that. the City would be committing to any specific formula or amount of payment. Mr. Hulbert was asked.about the timing for what he was seeking, and he said he was looking for an agreement from the Cities of Edmonds, Mountlake Terrace, and Lynnwood that they would be. prepared to back up a bond issue by the City of Everett for 18 mill,ion dollars by .agreeing to increase their water rates to meet the bond service, and that PUD needs it by this spring, so he would think the decisions from the South County cities would have to come within the next 30 days. Mr. Haglund said they cannot move ahead until they get the approval of the South County cities, and the federal government will not give any grants until.Everett can show that it can proceed. .Councilman Gould listed the open.issues as: (1) There is an asbestos study going on to which the answers are-not,yet avai'lable, but the current statement of the Health Department from 1978 says the water is drinkable; (2) A discussion is needed with the Alderwood Water Commissioners.; (3) The results of the.water/sewer rate study are not yet in and they should be awaited. He noted that if this proposal.were approved that.would be placing on.the citizens of Edmonds a 16%.increase in water rate,.and some way must be found to.let the people know what will happen. He suggested that possibly a questionnaire should be sent to the people. Councilwoman Allen agreed that the people should be informed, but she said the.truth of the matter is that the filtration plant wil.l.be built because it has to be built, and Edmonds will help pay for it because there is no other choice. Mr. Hulbert noted that the results of the Hutchinson study may not be available for five years. COUNCILWOMAN JAECH MOVED, SECONDED BY COUNCILMAN GOULD, TO PLACE THIS ON THE AGENDA AGAIN ON JANUARY 20, 1981. Mr. Overstreet asked that a representative from Edmonds meet with the Lynnwood and Mountlake Terrace City Councils next week when they discuss this. THE MOTION CARRIED, WITH COUNCILWOMAN ALLEN VOTING NO. Mayor Pro tem Nordquist said he would attend the meetings with the Lynnwood and Mountlake Terrace councils. Councilman Kasper noted that there also.should be a meeting with the Alderwood Water District. 17U December 9, 1980 - continued • SECOND..HEARING ON PLANNING, BUILDING, -AND PUBLIC WORKS PERMITS AND FEES The hearing was opened, no one wished to speak, and the hearing was closed. Councilman Gould s-aid this matter would be considered as part of the budget. This hearing had been scheduled just to take additional input but there was nobody present who wished to speak. DISCUSSION ON USE OF CITIZEN COMMITTEES Councilman Gould said he had talked with Lloyd Ostrom about having some -of the Concerned Citizens Council work on some of the projects on the Planning Advisory Board list. There was no further discussion at this time. There was no other business to come -before the Council, and the meeting adjourned to Executive Session at 10:25 p.m. U IRENE VARNEY MORAN, Uty Clerk December 16, 1980 The regular meeting of the.Edmonds..City Council was called -to order at 8:00 p.m. by Mayor.Harve Harrison in the Council Chambers of the.Edmonds Civic Center.. .All present joined in.the flag salute. PRESENT Har.ve Harrison, Mayor Jo -Anne Jaech Bill Kasper Paul Christensen, Student Rep. Katherine Allen John Nordquist Ray Gould Larry Naughten Mary Goetz CONSENT AGENDA STAFF PRESENT Charles Dibble, M.A.A. Fred Herzberg, Public Works Director Jim Adams, City Engineer Irene Varney Moran, City Clerk Mary Lou Block, Planning Division Manager Art Housler, Finance Director Gary McComas, Fire Marshal Dan Prinz, Assistant Police Chief Jim Jessel, Parks & Recreation Director Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk COUNCILMAN NORDQUIST MOVED; SECONDED BY.000NCILMAN GOULD, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. Theapproved items on'the Consent Agenda included the following: (A) Roll call. (B) Approval of Minutes of December 9, 1980. MAYOR Mayor Harrison asked for confirmation of his.appointments to the Planning Advisory Board. COUN- CILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN KASPER, TO CONFIRM THE MAYOR'S APPOINTMENTS TO THE PLANNING ADVISORY BOARD AS FOLLOWS:. POSITION 1, RAY SITTAUER, TERM TO EXPIRE DECEMBER 31, 1982; POSITION 2, FRED ROSS, TERM TO.EXPIRE DECEMBER 31, 1982; POSITION 3, JOHN McGIBBON, TERM TO EXPIRE DECEMBER 31, 1983; POSITION 4, FLOYD E. SMITH, TERM TO EXPIRE DECEMBER 31,1983; POSITION 5, KEN MATTSON, TERM. TO' EXPIRE DECEMBER 31, 1984; POSIT -ION '6,`LAURk HALL, TERM TO EXPIRE DECEMBER 31, 1984; POSITION 7, DAVE LARSON, TERM TO EXPIRE DECEMBER 31, 1985; AND ALTERNATE, JOHN HODGIN, TERM TO EXPIRE DECEMBER 31, 1985. Councilman Gould noted that there were some questions regarding the use of the alternate member and whether that person automatically would move to a permanent position when one was vacated. Mayor Harrison understood that the alternate would serve when someone else stepped 'down because.of a conflict'of'interest. Councilman Kasper observed that because the role.of Planning Advisory Board will be different from that of the Planning Commission, it would be hard to just step in occasionally. He thought there should be some discussion with the Planning Staff regarding this. THE MOTION CARRIED. City Attorney Wayne Tanaka stated that the ordinance indicates the alternate will fill in when'a member disqualifies himself because of a conflict of interest. Further, he said the alternate would automatically ascend to a.permanent position on the Board,'and the -person would not.serve if there were merely a lack of a quorum unless it was because one of the members excused himself because of conflict of interest. He said there is nothing to prohibit the alternate from attending every meeting -but he would have no vote. Councilman Gould said it would be more useful if the alternate were to fill in whenever anyone .was absent, and he would like to have this discussed by the Council. COUNCILMAN GOULD MOVED, SECONDED BY COUNCILMAN KASPER, TO PLACE ON THE JANUARY .13, 1981-COUNCIL AGENDA'A DISCUSSION OF THE ROLE OF THE -ALTERNATE MEMBER ON THE PLANNING ADVISORY BOARD. MOTION CARRIED. COUNCIL Councilman Nordqui.st.noted that the City.Council had held budget work meetings on December 6 and December 13, 1980,,and as Council'President he had taken notes and prepared written minutes which had been provided to the Council. He requested that those minutes be made a part of the permanent C� 1 • 1 L 0