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19810317 City Council Minutes217 March 10, 1981 - continued I 0 I 0 I I -Finance-Direc.tor gives -the purchase.orders very critical review. COUNCILMAN and it,was.noted that the... NORDQUIST-THEN MOVED, SECONDED.BYCOUNCILMAN GOULD,.THAT PURCHASE'ORDERS OVER $500-WILL BE APPROVED BY THE FINANCE DIRECTOR AND REVIEWED -BY THE COUNCIL. MOTION CARRIED. Mr. Herzberg's other proposal was that purchase orders up.�.to; $500" (not including tax) be. approved -by department heads (previously the'limit was $200). Thi's wa.s not'included in the motion but no concern was expressed so it appeared that the -this was acceptable.. .ANNOUNCEMENTS Mayor Pro tem Allen advised.that the Brackett's Landing report will be on the March 31, 1981 agenda, rather than March 17, 1981. C . ouncilman Nordquist inquired about,the status of the Lynnnwood/Edmonds sewer agreement, and Public Works Director Fred Herzberg responded that the draft is satisfactory. It was noted:that some ti.me..,�ago the City Attorney had suggesteCthat the' Council'discuss the procedure .of an'.appeal to the Council.of a Hearing Examiner decision, and�that su - ch discussion should take place�beforean appeal is received. COUNCILMAN NORDQUIST MOVED, -SECONDED BY COUNCILMAN GOULD, THAT A DISCUSSION OF THE PROCEDURE OF AN'APPEAL TO THE COUNCIL OF A HEARING EXAMINER-DECISTON BE PLACED ON THE APRIL T, 1981-AGENDA. MOTION CARRIED. Coun-cilman Naughten called.attention to SJR 104 and.SJB.3226 which were described in the last legislative bulletin and.which he*felt - are important to the City. . He felt le tt ers 'should be written to the leg.isl-ators expressing support. Mayor Pro temA,llen advised the Council to call the Mayor's secretary or the Council's secretary to draft any such letters. Councilwoman Goetz advised that -she will.not be present April 7, 1981. Mayor Pro tem Allen stated -that the City Attorney had -requested a brief Executive Session following this evening's meeting regarding the Port parking lot. COUNCILMAN KASPER MOVED, SECONDED BY COUNCILMAN NORDQUIST,;THAT THE DUPLICATION OF BOND REQUI,REMENTS ON BUILDING PERMITS AND THE COLLECTION OF UP -FRONT FEES BE PLACED FOR DISCUSSION ON THE APRIL 14, 1981 AGENDA. MOTION CARRIED. There was no further business to,come before the Council, and the meeting adjourned'at 10:45 p.m. IRENE VARNEY MORAN, Citp Clerk KA ERINEALLEN. Mayor Pro tem March 17, 1981 The regular meeting.of the Edmonds City Council was called to order at 7:35 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 John Nordquist, Jo -Anne Jaech .Kathy Geiermann, Student Rep. 'Bi I l Xasper Larry Naughten Katherine Allen Mary Goetz Ray Gould CONSENT AGENDA STAFF PRESENT Fred Herzberg, Public Works Director Jim Adams, City Engineer . ' Irene Varney Moran, City Clerk Mary Lou Block, Planning Director Jim Jessel, Parks & Recreation Director Marlo Foster, Police -Chief Jack Weinz, Fire Chief Art Housler ' Finance Director Bob Franklin, Technical Studies Engineer Wayne Tanaka, City Attorney Jackie Parrett., Deputy City Clerk Item.(H) was removed from the Consent Agenda. COUNCILMAN GOULD MOVED, SECONDEO-BY COUNCILMAN. , NAUGHTEN:"\1JTO,ARPROVE 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 March 10, 1981. (C) Acknowledgment of receipt of Claim for Damages from Patrick W. LaClair in the amount of $16.85. (D) Set date of April. 7,1981 for -hearing bn.preliminary-plat of Ron Snare..- P-3-80. Passage.of Resoluti'on-,49'0, directing H6arifng Examiner,to,,holdl,hearing to consider proposed vacatioh'of right-of-way (portion Of 175'th.S.W.). is 218 March 17, 1981 - continued. (F) Approval of change in.Liquor License of Bickford's Steak House from Class A and C to Class H. (G) Approval of City of Edmonds.,Staff (COES) to do S.pace-Needs Study. (I) Acceptance of LID 206, instal'lation of water mains and sanitary sewers, vicinity of 76th W. and 210th S.W. AUTHORIZATION TO PURCHASE UNDERGROUNDBORING EQUIPMENT [Item (H) on.Consent Agenda] Councilman Kasper asked the extent of use of the requested equipment on a constant basis. Public Works Director Fred Herzberg responded that it.would be used.3-5 times a.week, and more this year on SR 524. The equipment will make it unnecessary to take up -the pavement whenever a line has to be replaced. COUNCILMAN KASPER,MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO APPROVE ITEM (H) ON THE CONSENT AGENDA,.AUTHORIZING THE.PURCHASE OF UNDERGROUND BORING EQUIPMENT.. MOTION CARRIED. MAYON Mayor Harrison reported on the quarterly meeting of the Housing and Community Development Advisory Board which he had attended thi-s date. It was indicated -that urban development action grants would be eliminated but ­that block grant-.and.revenue sharing were not likely to be cut under the current administration. Theblock grant coordinator will address.the.�Council sometime in June regarding appropriate projects. Mayor Harrison asked for a -clarification of a recent decision.by the Council to allow a 2% merit pool for nonunion employees. He -asked if the intent was that the pool would be city-wide, within a department, or -if 2% would be the limit'for each employee.''Councilwoman Allen felt it should be a limit of 2% to any given employee and that the allowance sho ' uld not be put in a pool. She noted that it was not expected that 'every employee would ' get a merit increase. Councilman Kasper com- mented that the prior proposal had -been that the merit increase could not exceed 5% to one indi- vidual. He said he is an advocate of the merit system and that limiting the increase to 2% was not providing a merit'system. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILWOMAN GOETZ, THAT THE MERIT INCREASE FOR NONUNION EMPLOYEES BE LIMITED TO 2% TO ANY'OIVEN PERSON. Councilman Gould noted that a careful comparison had been made last.year of the City's wages against others, and heJelt there had to be a limit and that not everyone should.get the 2%. THE.MOTION CARRIED, WITH COUNCILMAN KASPER VOTING NO. AUDIENCE Peg Aldrich, Safety Committee Chairman of College Place Elementary School, read a letter from John Burbank, Principal,.and-hersel.f, thanking the City and staff,members directly involved for the crossing light which had been Installed by the school, and noting that staff members had gone to the school to train the children in the use of the light. She presented -the Council with a decorated cake to express appreciation for the li-ght, and she asked if a patrol officer could be made avail- able for a whi.le as some motori:sts ignore the speed limit and the light. She Was told that would be done. Ward Phill'ips, 522 Dayton St.,,discussed the new "mini -mart" at 5th and -Dayton which he said is a neighborhood problem. He said,the compressor cooler on the back of it is 42" from the property line and there are apartments immediately adjacent with bedroom windows on that side. He felt this should have been.stopped-before�i.t�was located there. In addition, he said the lighting is over- powering and the result is'that-the area has no nighttime because -everything is lit; and the rest - rooms which were part of the gas station are gone and people are using the side of the building. Because it is open 24 hours he said it is becoming a hangout for young people, and he said he had been told, but could not verify, that there had been an incident of young people pulling knives on someone in there. The neighborhood istal'so getting debris.from purchases made there. Mr. Phil,lips said he is concerned for downtown -Edmonds and he felt it " was not too late to correct this situation. COUNCILMAN NAUGHTEN MOVED, SECONDED BY-C - OUNCILWOMAN ALLEN.,..TO PLACE A HEARING ON THIS COMPLAINT ON THE APRIL 7, 1981 AGENDA, WITH A REVIEW OF THE ADB HEARING_REGARDING THE COMPRESSOR AND THE LIGHTING. Councilwoman Allen said -she felt the same problems were'. inherent in 244our places of business throughout the City of Edmonds and she was ready to consider again limiting the hours of operation. Councilman Naughten felt 24-hour operation.may be appropriate in some places, such as on Highway 99. Councilman Kasper thought the lighting standards should'be examined. COUNCILMAN GOULD MOVED TO AMEND THE MOTION, SECONDED BY COUNCILWOMAN ALLEN, TO INCORPORATE A DIRECTIVE THAT NO FURTHER CITY APPROVAL BE.G,IVEN REGARDING OUTSTANDING PERMITS ON THE SUBJECT ESTABLISHMENT UNTIL THIS STUDY IS COMPLETED. Planning Director Mary Lou I Block st . ated that . the final occupancy permit had not been issued, but a temporary one had. Also, she said they had,talked to the district manager and the store manager on the site regardi,ng the compressor. She.said there is a restroom there which is being used for employees, but under Health Department code there is a difference between a con- venience.store an&a gas station, and the convenience store does not need public restrooms. Police Chief Foster.was.asked if -the Pol1ce Department had received any,calls, and he responded that he was not aware of any but he -could not'say there had been none. 'Councilwoman Goetz advised Mr. Phillips that the Council, in approving this store, had been thinking of providing a service to the apartment dwellers in the City and the other bowl area citizens, and Councilman Kasper added that he had felt if it coul-d-not stand the test in the commercial zone it would not stand up anywhere. Councilman Nordqui-st noted that things requested in the motion could -come back to the Council as a report, rather than having.a hearing, but Councilman Gould said he also wanted to hear from the citizens. COUNCILMAN NORDQUIST MOVED, SECONDED -.BY COUNCILMAN GOULD, TO FURTHER AMEND THE MOTION THAT THE REPORT TO THE COUNCIL COME FROM THE MAYOR. THE SECOND MOTION TO AMEND CARRIED. -THE FIRST MOTION TO AMEND THEN CARRIED. Regarding the first motion to amend, City Attorney.Wayne Tanaka advised that the establishment'is entitle . d to occupancy -if they have met all the requirements. Mayor Harrison noted that this facility is a -,gas station as well as a.con * venience store, and that,the Health Department code should be checked to see if the restrooms,are required. THE MAIN.MOTION, AS AMENDED, THEN CARRIED. I 0 I I 0 .219 March 17, 1981 continued DECLSION'ON MEADOWDALE SEWER AND. -DRAINAGE DESIGN Therewas'arequest from a member of -the audience to.speak on:this item. THEREFORE, COUNCILWOMAN ALLEN MOVED, SECONDED BY�COUNC'ILMAW-KASPER, THAT DISCUSSION FROM THE AUDIENCE BE,PERMITTED ON THIS ITEM, BUT THAT IT BE LIMITED. -TO ONE-HALF HOUR. MOTION CARRIED Public Works Director Fred Herzberg reviewed,the issues and his. -recommendations, following which,the discussion was opened to the audience. John Johnson, 16122 72nd.W.,, said.Westmont View is a good.candidate for inclusion in this as its water goes down on his land. He did not feel.the.people on top of -the hill should have an LID. He introduced -Tom Walsh, hi-s attorney, and whose experti-se is in land use. Mr. -Walsh urged that, if they decided to go with an�,L-ID, the benefit approach be used rather than the.zone front foot as it would be more legally defensible in the City of Edmonds than the zone -front foot.method. He had been retained.in a nearby jurisdiction similar to Edmonds to challenge a benefit approach and he could,not,do it successfully. He said his client had checked with a bond.counsel who indicated the benef-it,approach would not -.adversely affect bonding. He noted that Mr. Johnson's property is unique, being five acres most of which is very steep and wooded, with a bog on one end of he property. He said'Mr. Johnson does.not`intend�to develop it and hopes eventually to deed it.to the City and to Edmonds Community Colleg&, so he is willing to enter...into binding covenants that he will not develop it. Therefore, if he does-not*developtit, he has no -need for the'LID or for sewers,'and particularly 'for the zone front foot method of assessment. Helen Haines, 16420 76th W., felt the benefit method,would be hard to assess even with an appraiser because anyone who already -has a house built and will not subdivide will not have any increase in .the value of his property.. She said her septic system works all right and a sewer hookup would not raise the value of her.property. She added that most of the properties are view properties and people will pay for the view:and forget the septic tank. She did -not believe the bowl area of the City had to have an LID'for the ground water, so* she did,not feel -the Meadowdale area should. K,r. Herzberg responded that -the Meadowdale area is geologically unstable and the bowl area is geologically stable even though there is'ground-water; and the bowl area has'a �elatively gentle slope With the ground at the bottom':.suppo'rting the levels as you go.up the hill. He -said Meadowdale does not have that --it is still moving,.'.and*the soil must be stabilized.'.Mayor'Harrison added.that'the City does not have ground water control anywhere else in'the-City, only surface water control. Don Ph'illips, 7100 156th S.W,., said he had looked at the property below the bluff when he was pre- paring to build, but he'had not wanted to live in' the mud even.though that property was much less expensive. He said he had some difficulty in assigning control- of ground water to uncommon good* luck or uncommon bad luck, and there should be some responsibility on the parts of the residents -- and they bought there. He added that there are a substantial number of easements in the area but they do not go all the way through from street to street, which will cause some problems in access for s'ewer lines.. . Jean Linge,'6970 160th S.W., discussed items in the Health Department report which d isturbed"'h'*er, and she objected to the zone front foot method of assessment. She asked'what the cost per household would be. Jo-Anne.Anderson, 7370 N.�Meadowdale Rd., said the City will be liable if people there get sick -and sue, and that people on the -beach were affected also, not just the residents.. She asked the Council to consider'the impact of the benefit ratio method. D. L. Brechner, 15908 68th.W.',, said most of the discussion this evening had been -about how to pay ,for the project, so it appeared that a determination had been made somewhere al6ng!the line that it was going to happen. He said Mr... Herzberg's original recommendation about a year-previ.ously was that the drainage area in:the lower area be taken -care of first and see how it worked. Mr. Brechner did not think anything would be'lost by following that recommendation, and he thought the problem may.mostly solve itself and -save everyon I e alot of money. Bill Alguard, 15915 70th W., a professional engineer,.said he.had studied the repofts and that he could not accept Mr., Herzberg's statement that septic.tanks-in the'area are hot-designed'as a.' permanent system. He felt -the -responsibility of the County and of Lynnwood should'not be,excluded. He lives one block from the'County and he felt it was not right'that he should be mandated to be included and not they, and if the City cannot pay forthe-storm drains then they should be*paid for by those who front on them.- He said some areas need -them more and §ome less, and if the sewers are costed out on an area basisAt will'result in a wider benefit to those who had the -problem when they bought their property. He Urged consideration of the fact that there are areas in the City that do not require sewers, and he said he does not need them, but if it was decided,to go ahead he hoped the benefit method would be used. Jack-Linge, 6970 160th S.W...., professional engineer with expertise in cost engineering, said the people who will benefit the most from this Are those.who will benefit by stoppingthe water from destroying their,land, and if the others have to be in the'system they' want itto.be fair, . by the benefit,methb.d, as they will.not,benefit by the storm sewers or the remedy of slide potential. Norm'Nelson, 15629 75th W., said.some of the lots in the upper a�ea are as small,.as 10,000'sq. ft. and.,they should not be'developed without a sewer system.,.. He said'there had been about four studies on this area, two by the Health Department, one by Roger'Lowe, and one by Reid -Middleton who recom- mended the -zone front foot.method., He felt it would.be better not to spend the otfier'$20,000'fo'r another.study and to put.it into some pipe. The audience participation was closed.'' Mr. Herzberg responded to,some-of the questions raised. lie noted that hi*s former recommendation in Ma * rch-of 1980 was.one of,several..a.Iternatives which he had -said could be -taken. Also, Mr. Alquard had misunderstood h.i*s.statement:,that septic tanks and..drainfields over a period of'time have a habit of failing and are not a,,:pemanent,solution-to the problem.- 0 220 March 17, 1981 - continued I Councilman Gould asked what was required to include the Burlington Northern and County areas, and Mr. Tanaka responded that Burlington.Northern would be included where they benefitted, as well as the County areas which would benefit - He said the 60% protest is authorized'in most LIDs, but if the Council unanimously passes the.ordinance forming the LID on,the basis of the health report, then it was the City Attorneys' opinion that the County could not protest,themselves out, but otherwise they could. Regarding a covenant not to develop, it was asked -if such a property would still be assessed the -whole length of the property under the zone front foot method. Mr. Tanaka said the property must be benefitted at least to the.extent of the assessment under -any method, so the zone front footJs just a way to arrive at a figure, and if a person signed a cov.-- en ant,,,, Un de rcany; imeth6d, , an d,�,.; couTd`.,, demon s t rate `.th at I-.. the property, because of the restrictions, would not be benefitted beyond the -assessment,. he would prevail. He said his office had taken some preliminary looks at the concept of these covenants and there were still some unresolved questions - as to the -process, what the covenantswould entail, and that they would not be subject to future attack. Councilwoman Allen proposed the*three recommendations of the staff be considered separately with separate motions. -COUNCILWOMAN ALLEN MOVED THAT THE FIRST RECOMMENDATION, TO SEWER THE ENTIRE AREA, BE APPROVED AND THAT THE CITY ATTORNEY'BE INSTRUCTED TO DRAFT A RESOLUTION TO THAT EFFECT FOR THE FOLLOWING REASONS: TO PROTECT'THE HEALTH OF -THE CITIZENS BY MEANS OF TAKING SEWAGE OFF IN A MORE SANITARY WAY, AND TO PROTECT THE WELFARE AND SAFETY OF CITIZENS BY COLLECTING AND CONTROLLING BOTH THE GROUND WATER AND THE SURFACE..WATER. COUNCILMAN GOULD SECONDED THE MOTION, WITH THE UNDERSTAND- .,ING THAT THE'MOTION TO WRITE THE*RESOLUTION MEANS IT IS A PUBLIC NECESSITY, IN THAT THE HEALTH . DEPARTMENT REPORT SAYS THERE IS A�HEALTH HAZARD'AND THEY -MANDATE THAT THE ENTIRE AREA BE SEWERED. FURTHER, FOR CLARITY PURPOSES, HE WISHED -TO AMEND THE MOTION THAT THE AREA SHALL INCLUDE THE BUR- LINGTON NORTHERN PROPERTY AND'THE.UNINCORPORATED AREAS THAT AFFECT.THE EDMONDS DRAINAGE,BASIN. COUNCILWOMAN ALLEN ACCEPTED THAT AS A.PART.OF HER'MOTION. Mr. -Herzberg said it had -been agreed with Lynnwood that they Would sewer that area. THE PORTION OF THE MOTION RELATING TO SANITARY SEWERS FOR THE UNINCORPORATED -AREA WAS WITHDRAWN. -Councilman Kasper said he would vote against the,motion on the basis that it was going on -health and -necessity and he -thought they had it backwards. He said he could not vote -for -necessity of'sewers,-without taking into'consideration all the rest. He felt Mr. Herzberg's recommendation fell in line with what he had learned in discussing this with*the Roger -Lowe people, Reid--;Middleton-,-and the.City engineers. In putting all the pieces together it was his feeling that the LID in.the.area must be done to retain the -slide area; and to take care of the interceptor section they must go to storm water to take -the water.off, both the surface water and the.interceptor generated water. He said sanitary sewers cannot be built without eliminating those two problems. He previously had,stated that he believed the benefit system was the only solution because there will be,immense'-property gains if the probl'ems in the lower areas are solved, and he thought the costs of -such benefits should not be passed on to.the plateau. He felt the plateau seemed to be compromising -:by accepting the sewers.if they -in -turn did not have to take on ' the ground water because they would take on the burden of sewers, and if they did that*they would enhance the whole area. He felt sewers could not be retained in that area unless the ground water and storm situation were remedied. He did not think the Council could vote for necessity on the front end of this, but only on the back. Councilman,Nordquist asked Mr. Herzberg about his previous recommendation for trench drains and then sanitary sewers, and Mr. Herzberg -responded -that if they.put in'trench drains and storm,drains first it.will help to stabilize the soil, and'if they can get one contract to take care of the. whole thing they can structure it so that the storm drains and trench drains are put in and are working and then do the sanitary sewers which will take a lot longer. Previously the recommendation was to do one before the other, but now he was-'suggesti,ng doing them together -'-but in actual construction one would come before the other.. He.also.noted that the State grant'was not ' in the picture.previously. Councilman Kasper said he was.not.willing to go for the necessity.reason unless he could see the entire layout and see that it�i.s�properly entwined. COUNCILMAN GOULD WITHDREW HIS SECOND, AND, COUNCILWOMAN ALLEN WITHDREW HER MOTION. The meth od of assessment was then -discussed. Councilman Gould -commented that if helived at the bottom of the -hill -he Would,favor-'the zone front foot method, and:if he.lived on top he would favor the benefit method. He said-theg,,zone"front foot method has been used for 20 years and itis legal as long as the benefit equals the,assessment. In the benefit method somebody's opinion will be the determination as to the benefit to the'property, and that.is a subjective matter. He felt the people in the City understand the -zone front foot method because it has been used for 20 years, and on different.shapes-of properties,- but they will not understand'the benefit method. Further, he noted that the benefit method will cost�$20,000, and the.Council.had not had a presentation to compare one method against -the other.' -Councilman Kasper resoonded-that this -is a unique situation, with the slide area --and degree of groundiw6ter. He said Mr. Macaulay will have the zone front.foot system for the area calculated for him --he will have that input. And'he will have the input of Roger Lowe and of the Reid-Middleton,studies. He agreed that the zone front foot method had been used because.it'-has been established.and has a lot of-precedeht, but in.this case he felt they should take advantage of the latest methods of proportioni-ng the'benefits in this area. Even though an opinion will be used, he felt it.would stand up because,it.has in recent cases. Mayor Harrison agreed that,the benefit method was the most,fair. Councilman Naughten said that traditionally the zone front.foot method is done in an area -where everything is fairly equal, so everyone benefits similarly, but there are varying.benefits in this area,'and the benefit method would at least assess people on the value added,to their property, so he felt that -method probably was the more fair. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN KASPER,.THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION PROVIDING FOR.SEWERSJOR THE ENTIRE AREA, AND.THAT THE DRAINAGE BE FINANCED AS FOLLOWS: SURFACE WATER BE BY'CITY BONDING,.INTERCEPTOR.UNDERGROUND THROUGH LOCAL LID, SEWERS BY LID; AND THE METHOD OF ASSESSMENT WILL BE THE BENEFIT METHOD; THE PURPOSE OF THE RECOMMENDATION IS THE NECESSITY*-FOR:STABILIZATION.,,OF-THE..AREA-BECAUSE OF THE HAZARD. -AND FORTHE HEALTH.ISSUF ALREADY DISCUSSED. Councilman Nordquist'said he ' would vote against-t he motion because.of-the inclusion of * interceptor drains in the LID.'' Hb'did notthink that should.be,segregated and placed in the LID and he felt it was enough for the people in-the,area to pay for the sanitary sewers. Other members of 0 221 March 17, 1981 - continued the Council argued that point Councilman Gould said the total project was the. important issue, and .he believed in the total.project even though he did not believe'in the benefit ratio method of assessment. He cautione&Councilman Nordquist that if he.voted against it the.whole thing would be lost. Councilman Nordquist did not'see it that way, saying sewers are one problem and the interceptor and storm sewers another, and -the City had picked up the bill in other parts of- the City. Mayor .Harrison'.said nowhere in the.history of the City had -it gotten invo'lved in interceptor drains -- surface -drainage was all�the City ever paid. *Counci:lman Naughten said he was asking the rest of'the City to pay for these people's unique problem. Councilwoman Goetz said the situation is hazardous, and the peopl,e below are uncomfortable with the situation and it has cost them a great deal of money to maintain their properties, as well as there having been claims against the City. She understood Councilman Nordqu1st's hesi:tancy, but she said the,Council has reviewed this for a long time..and she felt the people of the City.are wondering why they do not -go forward with it. Councilman Kasper added that the City will have a large burden in maintaining the system, and that was why he felt the interceptor.should be carried by the wet water ground area. He said the property benefits will be immense,if the land stabi-lizes. Councilman Gould noted that the only other way the City could carry ,it would be to put it on'the utility tax, and afterJust completing the water/sewer utility rate hearings he did not want,to get-,involved'in that again. THE MOTION THEN CARRIED, UNANIMOUSLY. Counc . ilman Gould said it.was his understanding that,.the issue of low income/elderly is covered by an existing statute that allows them to defer up to 80% of the 'equity of their property. As to rezoning, he -felt the existing zoning.should remain, and it was,not�his intention to allow more -development than the existing zoning would.permit, so -any requests for -rezone will be handled -through the regular process. He also noted that the $20,000 appraisal cost wi.11 have to be covered by the LID. Councilman Kasper-notedAhat this woul.d have to be re-examined.,i-f the grant is not obtained, 'although the motion,did,not so state.. COUNCILWOMAN-JAECH THEN'MOVED TO AUTHORIZE THE STAFF TO NEGOTIATE A CONTRACT WITH MACAULAY AND'ASSOCIATES, LTD., TO PREPARE� THE RRELIMINARY ASSESSMENT ROLL FOR THE PROJECT ELEMENTS TO BE FUNDED LOCALLY,BY LID, INCLUDING SANITARY SEWERS IN THE ENTIRE AREA AND GROUNDWATER DRAINAGE FACILITIES. COUNCILMAN GOULD SECONDED THE-MOTLON,.WITH�THE AMENDMENT THAT THE COST OF THE CONTRACT NOT EXCEED $20,000.' THE AMENDMENT WAS SECONDED BY COUNC;ILWOMAN GOETZ, AND THEN CARRIED. THE MAIN MOTION, AS AMENDED, 'CARRIED. A short recess was announced:. ... REVIEW COURT SYSTEM SITUATION City Attorney Wayne Tanaka provided copies of a memorandum from the South District Court judges to the District Court Districting Committee, discussing the impact of the petitions of the Cities of Edmonds and Lynnwood for M ' unicipal Departments. Mr. Tanaka said'the question of the joint depart- meht with Lynnwood should be -considered by the Council.in detail, and if they were serious about it they should authorize negotiation of an interlocal agreement. The arbitration lawsuit was to be heard on'March 18 in -Superior Court, but Mr. Tanaka,said the County'had not negotiated with the City at all, and their proposal did not give the City much in the way of rights. He noted that the figure determined by the,arbitrator could not be challenged,- COUNCILMAN NORD,UIST MOVED, SECONDED BY COUNCILWOMAN GOETZ, TO AUTHORIZE THE STAFF TO BEGIN -NEGOTIATIONS WITH THE CITY OF LYNNWOOD TO SEE WHAT KIND OF AN INTERLOCAL,.AGREEMENT COULD BE DEVELOPED. MOTION CARRIED. Regarding court 66t'ts, Councilman Gould said his intent was that the City should make every effort possible to change the law so it can return to the -system it had, which was much more effective and less costly to the people. fle said all financial information should be prepared carefully so cost data can be provided, and so Edmonds can show what happened when it had to go to South District Court.. He p1aced the request before the Mayor.to collect that information, so positive action can be taken next year. Councilwoman AI'len asked what -the "illegal actions and abuses" were , to which the judges had referred, which they said had been -.revealed in the former Edmonds*Municipal Court files. Mr. Tanaka did not know. Following,the above,discussi.on, Student Representative Kathy Geie.rmann left (10:15 p.m.). REVIEW -AND -DISCUSS A PERFORMANCE.EVALUATION SYSTEM FOR ALL NONREPRESENTED EMPLOYEES Evaluation forms previously,discussed by the Council in committee were favored. COUNCILWOMAN ALLEN MOVED, SECONDED BY COUNCILMAN NORDQUIST, THAT THE EVALUATION FORMS IN USE, AND WHICH HAD BEEN PRO- V:IDED TO THE COUNCIL FORtSTUDY, CONTINUE TO BE USED,,WITH SUPERVISORS EVALUATING THEIR EMPLOYEES, AND THE MAYOR EVALUATING THE DEPARTMENT HEADS. MOTION CARRIED. A set of the forms.was provided the Clerk, and,Counci-Iman Kasper noted"that the forms should have a form date. REVIEW STATUS OF ALTERNATE MEMBER OF PLANNING ADVISORY BOARD The Planning Advisory Board had submitted the followi-ng recommendations regarding their alternate member: The a1ternate should fill the next vacancy which arises --for any reason. The alternate should -be able to serve'to make,a:quorum, regardless of the reason for lack of'a quorum., The alternate should be required'to keep the same attendance as the other members. Whenever any one member is absent the alternate should.participate fully, including voting. He should participate in discussion at any time. The Council was receptive to the recommendations. COUNCILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN.NORDQUIST, THAT THE�CITY ATTORNEY BE REQUESTE-D TO DRAFT AN ORDINANCE TO ACCOMPLISH THE ABOVE CHANGES. MOTION CARRIED. City Attorney Wayne Tanaka stated that this in essence created a new posi-tion and the Mayor should..have the ri,ght to a appoint a new member as the alternate. Mayor Harrison said he would appoint the present alternate, John Hodgin. COUNCIL - Council President Allen -noted that,there was a request from the Mayor. to fill a.vacant grounds maintenance position which had -been made vacant by' a retirement some time.agg. COUNCILMAN.NORDQUIST MOVED, SECONDED BY COUNCILMAN NAUGHTEN, THAT BASED ON THE MAYOR'.S RECOMMENDATION AUTHORIZATION BE GIVEN TO FILL THE VACANT GROUNDS MAINTENANCE POSITION. MOTION CARRIED, WITH COUNCILMAN GOULD VOTING NO. Counc ' ilman Gould said -.he had not had enough time to see if that is the -right thing to-do and he did not want to make a snap decision. *See.amendment, March 24, 1981 0 22Z March 17, 1981 - continued 0 :Council Pres-ident Allen asked if the.Council wished to hearprogress reports on the new library. They said they would like reports every -other week. Council -President Allen thanked.F.inance Director Art Housler for the favorable interest rates he had obtained on the City's investments. There was no further business to come -before the Council,.and the meeting adjourned at .10:30 p.m. IRENE VARNEY MORAN, Ci Clerk HARVE.H. HARRISON, Mayor March 24, 1-981 -.Work Meeting The regular meeting of the Edmonds City Council was'called to order,at 8-:50 p.m.* by Mayor'Harve Harrison in the Council Chambers of the Edmonds Civic Center.. All -present joined in the flag salute. PRESENT Harveli.*Har�i.son,, MAyor Jo -Anne Jaech Ray Gould Katherine Allen Kathy Geiermann, Student Rep. Mary Goetz John Nordquist Bill Kasper Larry'Naughten CONSENT AGENDA STAFF PRESENT �Fred Herzberg, Public Works Director Jim Adams, City Engineer Irene Varney Moran, City Clerk Mary Lou Block, Planning Director Marlo Foster, Police Chief Jack Weinz, Fire Chief Art Hou.sler, Finance Director Jim-Jessel, Parks & Recreation Director Wayne.Tanaka, City Attorney - Jackie Parrett,.Deputy City Clerk Items (B)-and (E) were removed -.from the Consent Agenda. COUNCILMANGOULD MOVED, SECONDED BY COUNCIL- WOMAN ALLEN, TO APPROVE THE BALANCE,OF THE ' CONSENT AGENDA.. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (C) Passage of Resolution.491, transferring funds from Council Contingency Fund to General Fund-(�2,50,O) for equipment and supplies for in-house space needs study. - .(D) Authorization for Mayor to sign Architectural Barrier Removal Contra ct with Arai/Jackson Archi-tects. APPROVAL OF MINUTES OF MARCH 17,.1981 [Item (B) on Consent Agenda] Councilman Naughten referred to,.page 5-.of the. -minutes. He -asked that -his statement in the fifth line from-the-bottom'(regarding,the Meadowdale sewer and drainage design) be clarified by the inser- tion of the word "not", so that�the.sentence-would read: "Councilman,Naughten said he was not asking the rest of.the City to pay -for -these people's unique problem." COUNC-ILMAN NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD, TO.APPROVE ITEM (B) ON THE CONSENT AGENDA, AS AMENDED. MOTION CARRIED. REPORT ON BIDS OPENED MARCH 18':.,FOR LID-208, SPRAGUE ST—IMPROVEMENTS SCHEDULE A -"'WATER LINES 1Tt_e_m__(_ETon Consent AgendaJ Councilman.Naughten observed that there.was a -wide spread.in.the amounts of the bids and he asked the reason. Publi� Works Director.Fred.Herzberg responded that there could be several reasons:, one poss.ibility*.be.ing-that the low.bidder may not have any other -jobs and wants to keep his crew working and the high.bidder m�y have other jobs * ..It.was noted -that although the spread was wide the bids were in three general ranges.. Fol-lowing this discussion,.COUNCILMAN-NAUGHTEN MOVED, SECONDED BY COUNCILMAN GOULD, TO APPROVE ITEM (E) ON THE CONSENT AGENDA, AWARDING THE CONTRACT TO THE LOW BIDDER, INTERMOUNTAIN..CONSTRUCTION COMPANY,,.:BELLEVUE,.WASHINGTON, IN*THE AMOUNT OF $12,952.50 PLUS SALES TAX. MOTION CARRIED. MAYOR Mayor Harrison reported that bids were opened March 20, 1981 for the Anderson Center handicapped renovation, five bids being rece.ived and the base bids rangi.ng from $200,678 to $279,000, and with the architect's estimate being'$264,000. Public Works Director Fred Herzberg recommended award of the contract to the low bidder, Cobra Construction, Everett, Washington, for the base bid and Alternatives 2, 3, and 4,-for a total--contract-of $230,5,40- not including sales tax. Cliff Jackson of Arai/Jackson Architects said the..base-bid-c'overs all th; basics to solve -the handicap'tode problems and the alternates, a1though not necessary to so1ve�the handicap requirements, will�assist in handicap access. He. -said his f-irm.had investigated Cobra Construction and found them to be,.", competent and highly regarded by those,who had used them... COUNCILIHOMAN ALLEN MOVED, SECONDED BY I I 40 I 0 I I. 0