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07/07/1987 City CouncilTHESE MINUTES SUBJECT TO JULY 14, 1987 APPROVAL EDMONDS CITY COUNCIL MINUTES JULY 7, 1987 The regular meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT STAFF PRESENT Larry Naughten, Mayor Jack Wilson, Council Pres. Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper John Nordquist Lloyd Ostrom Scott Tracy, Student Rep. CONSENT AGENDA COUNCILMEMBER NOROQUIST MOVED TO APPROVE THE CONSENT AGENDA. Jim Barnes, Parks & Rec. Div. Mgr. Mary Lou Block, Planning Div. Mgr. Art Housler, Admin. Svs. Director Peter Hahn, Comm. Svs. Director Jack Weinz, Fire Chief Bob Alberts, City Engineer Bob Bower, Treatment Plant Supvr. Bobby Mills, Public Works Supt. Dan Prinz, Police Chief John Wallace, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Hall raised a point of order. She noted that the Council received the minutes on Monday. She inquired if the Council wished to review them before approving them. MOTION DIED FOR LACK OF A SECOND. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REMOVE ITEM (B) FROM THE CONSENT AGENDA AND DEFER APPROVAL TO JULY 14, 1987. MOTION CARRIED. Items (C) and (E) were then removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda include the following: �p_�,,�I (A) ROLL CALL war""�0- (D) AUTHORIZATION FOR MAYOR TO SIGN NEW MASTER AGREEMENT FOR NORTHWEST ONE -CALL WARNING SYSTEM (F) AUTHORIZATION TO CALL FOR BIDS FOR 8TH AVE. S. WATER PIPELINE ($480,000) ,,gyps (G) ADOPTED ORDINANCE 2626 AMENDING COMMUNITY DEVELOPMENT CODE TITLE 19 TO INCORPORATE CHANGES BY THE STATE BUILDING CODE COUNCIL PROPOSED ORDINANCE 2625 ESTABLISHING MAYOR'S SALARY FOR TERM 1988-1991 [ITEM (C) ON THE CONSENT AGENDA Councilmember Jaech said she was confused because someone indicated that the Mayor's salary in- crease was retroactive. Administrative Director Art Housler stated that the increase would be- IgBg.i 9� come effective in 1988 and was not retroactive. City Clerk Jackie Parrett clarified that the Council recently discussed and set salaries for the Mayor and Councilmembers to be elected for the upcoming terms. An ordinance was subsequently brought forward and passed for the Council salaries but an ordinance for the Mayor's salary was apparently overlooked. The proposed ordi- nance would put into effect the Council's direction regarding the Mayor's salary beginning in 1988. Ms. Parrett said the confusion may exist because just a few weeks ago the Council consid- ered and increased the Mayor's salary for 1987, and that was increased retroactively to January 1, 1987. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (C). MOTION CARRIED. AUTHORIZATION TO CALL FOR BIDS FOR 1987 OVERLAY PROGRAM ($138,000) [ITEM (E) ON THE CONSENT AGENDA Councilmember Jaech inquired if the utilities beneath the streets in the project have been re- CFI` 11 viewed to determine if they need to be repaired. City Engineer Bob Alberts said they have been reviewed, and only one utility located at 216th and 76th is in need of repair and will be re- paired so that the street will not be torn up. Councilmember Ostrom inquired why the call for bids has taken place so late in the year.. Mr. Alberts said it has not been late, but because weather conditions have been cooperative in June it appears that it is late. He said the projects will commence in August, as is customary. Councilmember Ostrom inquired if the projects will be completed this year. Mr. Alberts said each project will be bid separately, and if $138,000 is sufficient to fund the total cost of the re- pairs, all of the projects will be undertaken. Mr. Alberts clarified that the chip sealing project was not included as part of the overlay program. Councilmember Kasper reiterated that the extent of street repairs must increase two or three times in order to keep abreast of the disrepair of the roadways. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (E). MOTION CAR- RIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Patricia Meeker, 22711 - 86th Ave. W., Commissioner of Olympic View Water District, said the District was unprepared to sign the Memorandum of Understanding (MOU) with the other agencies for secondary wastewater treatment. She said the District was concerned because the MOU ties its hands in negotiating with respect to border or annexation issues. She noted that the partici- pants must execute the MOU by August 31, 1987 or they will be excluded from capacity participa- tion. Councilmember Hall inquired if the District will have resolved the issues of concern to it by August 31. Commissioner Meeker said she was hopeful that the issues could be addressed in the MOU as soon as possible. Community Services Director Peter Hahn said he did not perceive any problems in resolving those issues. Sid Locke said he filed an appeal to overturn the Hearing Examiner's decision denying a variance to allow a proposed residence to exceed the permitted 25 foot height limit by 10 feet,' d�J an issue that was scheduled to be heard before the Council that evening. He inquired when the site for the wastewater treatment plant would be identified, noting that his property is adja- cent to Pine Street. Mayor Naughten recommended that Mr. Locke speak with Mr. Hahn regarding that issue. Jack Dublin, 18911 Olympic View Dr., spoke in support of a sister city relationship with a city in China. He said if the City of Edmonds is interested in such a relationship, it must go forth with commitment and good faith. Mr. Dublin said he felt that a sister city relationship would be fitting for the community and would provide better international understanding. Mayor Naughten closed the public portion of the meeting. PRESENTATION OF DONATION FROM YOUTH ACTIVITIES BOARD TO YOUTH SCHOLARSHIP PROGRAM Parks & Recreation Division Manager Jim Barnes reported that the Edmonds Youth Activities Board sponsors a number of events in the community each year. The Beach Dance, Easter Egg Hunt, and 4th of July Fun Run are recent examples. The Youth Board has decided to donate $600 of revenue from these events to the City of Edmonds Youth Scholarship Program. Mr. Barnes said the Youth Scholarship Program was recently established to allow participation in City parks and recreation classes and activities by Edmonds students who might not otherwise be able to afford those services. Mr. Barnes said this outstanding example of community participa- tion and charity by the Youth Board should be duly noted. Mr. Barnes introduced Christie Dale, Chairperson of the Edmonds Youth Activities Board. Ms. Dale presented Mayor Naughten with a large facsimile of a $600 check. Mayor Naughten commend- ed Ms. Dale and the members of the Board for the outstanding work they have done. 1 L EDMONDS CITY COUNCIL MINUTES Page 2 JULY 7, 1987 PRESENTATION BY WOODWAY MAYOR JEANNETTE WOOD ON PERFORMING ARTS PROPOSAL Mayor Jeannette Wood said she was present as Chairperson of the South Snohomish County Cultural Arts District. She submitted a proposal to the Council. She said the District passed a proposed project which will provide approximately 43,000 square feet for a small theatre with full stage capabilities, an orchestra pit, dressing rooms, a rehearsal area as well as all other required ancillary space, and provide approximately 800 seats. She noted that the project will not exceed $7,000,000. Mayor Wood said 1,000 square feet will be designated for visual arts. There will be office space, custodial space, parking, and fully landscaped grounds and terraces. The project will be located on 10 acres adjacent to Edmonds Community College. She said the parcel will be leased for 99 years at $1 per year. She noted that the college will provide the operation and maintenance. Mayor Wood said the heads of the entities of the District were contacted in May, and the proposal before the Council represented discussions that took place with those entities. Councilmember Hall said Mayor Wood has devoted countless hours towards the project. She ex- pressed her appreciation to Mayor Wood. She reiterated that the proposal was a true reflection of discussions with the entities of the District. She requested the Council to bear in mind that the City was part of an interlocal agreement which encompasses South County. Councilmember Ostrom inquired about the indebtedness of the District. Mayor Wood said the Dis- trict is indebted to Snohomish County for $7,700 and to the architect for approximately $40,000. Councilmember Ostrom inquired when the election is proposed. Mayor Wood said November was ini- tially proposed. However, discussion regarding rescheduling of the election will take place on July 8 because it conflicts with other events. Councilmember Ostrom inquired about the feasibili- ty of the Puget Sound Christian College (PSCC) for the Cultural and Performing Arts Center. Mayor Wood said, remodeling of the PSCC would cost approximately $3.6 million and acquisition would run between $1.5 and $2 million. She noted that the heating system is in need or upgrad- ing, there is no air conditioning, and parking is not adequate, which would require that addition- al land be purchased. Councilmember Ostrom said figures that he obtained reflected a $2.5 mil- lion construction cost and $2 million for land acquisition. Mayor Wood said she obtained the figures she had from Mr. Knudsen, who conducted a feasibility study for the project. She noted that Edmonds Community College terminated its lease with PSCC and would not provide operation and maintenance for the facility at that location. In addition, members of the Board felt that that site was not centrally located in the South County District. Councilmember Ostrom said he was not convinced that the Board had seriously considered the issue. Mayor Wood disagreed. She said the Board has worked very hard on the project. She said the original proposal was rejected be- cause it was felt that the community was not prepared for such a large theatre; thus, the project before the Council at the present time was proposed with the thought that expansion would be possible in the future if and when the need arose. Councilmember Ostrom clarified that he did not think that the PSCC has been taken seriously and not that the Board was not serious about its endeavors. Councilmember Wilson noted that two of the entities involved have stated that they will withdraw their support if the Center is proposed in downtown Edmonds. Mayor Wood said the Mountlake Terrace Council passed a resolution in support of the proposal and stated that they would not support the project if it was located on the PSCC site. She said the Lynnwood Council, although not prepared to endorse the proposal, spoke favorably of the proposal. Councilmember Kasper inquired about the percentage in favor at the last election. Mayor Wood replied 42% so it was validated. Councilmember Kasper suggested that a ballot be taken at the general election so that a true representation of the desires of the community is ascertained. Councilmember Kasper inquired about the tax levy on the proposal previously put to the voters. Mayor Wood replied 48.5t per thousand. HEARING ON APPEAL OF HEARING EXAMINER DECISION DENYING HEIGHT VARIANCE AT 110 PINE ST. AP-8-87/SIDNEY LOCKE Planning Division Manager. Mary Lou Block reported that on April 2, 1987, the Hearing Examiner held a public hearing on the variance request of Sidney Locke to allow a proposed residence at 110 Pine Street to exceed the permitted 25 foot height limit by 10 feet. The Hearing Examiner issued his decision on May 4, 1987 denying the variance request. On May 18, 1987, Mr. Locke filed an appeal seeking to overturn the Hearing Examiner's decision. Ms. Block noted that a copy of the appeal letter was attached to the Council packets. Ms. Block said it is Staff's recommendation to uphold the Hearing Examiner's decision and deny the appeal. EDMONDS CITY COUNCIL MINUTES Page 3 JULY 7, 1987 Ms. Block reviewed Exhibit 3, which depicted the subject property and the property line adjacent to it. She said the lot in question is approximately 7,000 square feet and is located in an RS-6 zone. Ms. Block reviewed the Hearing Examiner's Conclusions and Decision as follows: "1) the applica- tion is for the approval of a variance from the height restrictions on RS-6 zoned property located at 110 Pine Street, Edmonds, Washington. The applicant seeks a 10 foot variance for the purpose of exceeding the 25 foot height limit; 2) in order for a variance to be granted within the City of Edmonds, the criteria as set forth in ECDC 20.85.010 must be satisfied. This applica- tion does not satisfy these criteria; 3) special circumstances do not exist for the granting of a variance. Although the subject property is an irregular- shaped lot that has a limited access, there is adequate area for the lot to be developed. It appears that the requested variance is for the purpose of constructing a particular style house on the property rather than for the development of the property; 4) the granting of the variance will be the grant of a special privi- lege; 5) the requested variance does not conflict with the purposes of the RS-6 zoned property as set forth in ECDC 16.20.000. However, it does not meet the general development standards necessary for the RS-6 zoned property; 6) the requested variance does not conflict with the Comprehensive Plan designation of low density residential. However, the variance would be new residential development that would not necessarily be compatible with the natural constraints as set forth in ECDC 15.20.005(B) (6); 7) the granting of a variance will result in impacts of views of neighboring properties. The variance will have a detrimental impact upon other properties in the area; 8) the requested variance is not the minimum necessary for the applicant to develop the property. "Based upon the preceding Findings of Fact and Conclusions of Law, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested variance for an increase in the height requirement on property located at 110 Pine Street, Edmonds, Washington, is denied. The basis of the denial is as follows: the controlling facts and conclusions of this request have been set forth in the Findings above. The variance has been denied because it appears that it is a variance in order to design a particular style of house. The applicant's lot is an irregular -shaped lot, but it can be developed in spite of the slope of the lot. It is the intent of the applicant to develop the lot with a Victorian -style house. However, the lot itself may not be ideal for the Victorian -style house as designed by the applicant. This, in and of itself, is not sufficient reason for the granting of a variance. The lot is of ample size for further development. It does have a limited access, but the access is sufficient to allow a single-family residence and a garage. "Any height variance granted to the applicant would impact views in the vicinity. "It is for these reasons, and the reasons set forth in the Findings and Conclusions, that the variance is denied". Councilmember Ostrom referred to Exhibit 4, noting that it depicted an existing house. Community Services Director Peter Hahn clarified that that structure is located east of the property in question. Ms. Block said there are two trailers that are located on the subject property at the present time. Sidney Locke, applicant, said he desired to build a home on the subject property which would be compatible with the lot, as well as the community, because he wanted to live next to his mother. He said the family has owned the property for fifty years. Mr. Locke said the home which he proposes is not compatible with the Code because of several restrictive features of the lot. He said he was only requesting that he be granted the same rights and privileges as his neighbors have been granted. Mr. Locke requested that a moratorium be placed on the issue until such time that the City determines the location of the secondary wastewater treatment plant because he said he does not want to make any investment in a home that may be located adjacent to the treatment plant. Mayor Naughten recommended that Mr. Locke proceed with the application for a variance before making a decision to build or not. Councilmember Kasper inquired about the length of time that a variance is effective. Ms. Block replied one year until acted upon. She said once action has taken place, the variance does not expire. Mr. Locke said he was frustrated because Staff never mentioned to him that the Pine Street site was being investigated as a potential location for the treatment plant. Mr. Hahn clarified that EDMONDS CITY COUNCIL MINUTES Page 4 JULY 7, 1987 1 the Pine Street site had not become a viable option until May of 1987. He noted that an exten- sion was granted to Mr. Locke to keep the illegally placed trailer on the subject property. Mr. Locke said he had obtained a permit for the trailer in March, which was mysteriously re- scinded shortly thereafter but through the aid of Mayor Naughten reinstated. Councilmember Wilson stated that the Council was prepared to hear the variance issue and inquired of Mr. Locke if he wished to proceed. Mr. Locke said he would like a moratorium to be placed on the issue until such time that the treatment plant site is identified. Councilmember Wilson suggested that an alternative to the situation would be for Mr. Locke to request that the issue be scheduled for discussion on September 1st after the proposals were received for the treatment plant. Mr. Locke said that date was acceptable to him. At the recommendation of the City Attorney, Mayor Naughten opened the public portion of the hear- ing. No public input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THE PUBLIC HEARING TO SEPTEMBER 1, 1987. MOTION CARRIED. (The complete file of the Hearing Examiner is on file in the Planning Department.) Councilmember Wilson stated that several people were in the audience to hear Item #8, Continued Council Consideration of Hekinan, Japan as a Sister City, and requested that that item be heard before the preceding in-house items. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO DISCUSS ITEM #8 BEFORE ITEMS #6 and 7. MOTION CARRIED. CONTINUED COUNCIL CONSIDERATION OF HEKINAN, JAPAN AS SISTER CITY (FROM MAY 5) Mayor Naughten stated that when the Council discussed the Sister City program at the May 5 meet- ing, the Council expressed approval of the concept but had several questions. Discussion on funding and the role of the Sister city Committee and its relation with the City and the City's role were reviewed, as well as other issues. Mayor Naughten said he invited the following community members who have expressed interest in a Sister .City program: Tom Nielsen, President of Edmonds Community College; Roy Ghazimorad, Edmonds Community College; Sam McKinstry, Sister City Committee; and Pat Hale, Bellevue Sister City Committee. Mayor Naughten noted that there were attached letters of support in the Council packet from the following entities: Edmonds Sister City Committee, Edmonds Tourism Committee, Edmonds Chamber of Commerce, Edmonds Main Streets Program, Edmonds School District, Mayor William Moore, City of Everett, and Edmonds Community College. Mayor Naughten stated that the major responsibility and success of the sister city relationship lies with the Sister City Committee and in their programs for "homestay", exchanges, and fund raising. The City's role is in the official relationship and as a support for the Sister City Committee. Mayor Naughten said he will appoint a Staff member to handle official correspondence and Sister City Committee interface. Mayor Naughten said it is important to understand that the program is a slow -growth relation- ship and builds and develops over the years. He suggested that the following budget be projected in the Mayor's budget: 1987 - $500; 1988- $500-$1,000; 1989 - $500-$1,000; 1990 - $500; 1991 - $500. Mayor Naughten said any official trip to Hekinan would be budgeted in the year it is planned. Mayor Naughten stated that Hekinan is ready to accept Edmonds as its sister city. He said there are eight Hekinan junior high and high school students planning to come to Edmonds for a homestay visit in July. The Edmonds Sister City Committee has arranged all of the details of the visit. An elementary school "pen pal" exchange has been established between Hekinan and Seaview Elementary School. Councilmember Ostrom said he understood that the Council would contribute seed money the first year that the relationship was established but that the program would be self sustaining in the ensuing years. He inquired how the Sister City Committee intended to fund the program and what activities were planned. Tom Nielsen spoke in support of a sister city relationship. He said although he has not had direct experience with a sister city, the College has had extensive experience with sister colleg- es in other countries. He said those experiences have been very rewarding to the College, as well as to the students, and has grown significantly since its inception. Mr. Nielsen said the EDMONDS CITY COUNCIL MINUTES Page 5 JULY 7, 1987 community will benefit from a sister city relationship from a spiritual standpoint as well as economic standpoint because he said Japanese people love to shop. He said it is a life changing experience to American families who bring an international student into their hearts and homes. Mr. Nielsen cautioned the Council when making a decision to enter into a sister city relationship to do so with commitment; otherwise, he said, the experience would be a great disappointment to its foreign counterpart. Sam McKinstry said Delores Uhlman was unable to attend the Council meeting but had prepared a letter, which he read into the record. The letter urged the Council to endorse the sister city relationship with Hekinan. Ms. Uhlman stated in the letter that once the relationship is estab- lished, the Committee could then concentrate its efforts on building the relationship and promot- ing international cultural understanding. Mr. McKinstry said the only request the Committee was seeking from the City was an endorsement to authenticate the program and seed money to help get the program started. He said the Committee will then seek out parties who are interested in supporting the program and can then become a self sustaining organization. Councilmember Jaech inquired about the amount of money the Committee anticipates it will request from the City in 1987, as well as in ensuing years. Mr. McKinstry said he anticipated that City funding will only be necessary for the years 1987 and 1988 as enumerated by Mayor Naughten. He said the program should be self sustaining within two years. Councilmember Wilson noted that sufficient funds should be allocated to the Mayor's budget in order to properly receive Japanese dignitaries. Councilmember Hall said she felt that $500 in the Mayor's budget was not sufficient to receive the Japanese delegations and suggested that $2,000-$5,000 be considered for each year. Mr. McKinstry said the Committee anticipates that it can properly host the delegations through funding that it raises independent of City contributions but must, however, set limitations on the number of delegations that wish to visit the City. Mayor Naughten noted that the City is eligible for grant monies through the Sister Cities Interna- tional, and he did not believe that more than $500 would be necessary to be allocated to the Mayor's budget each year. Pat Hale said the City of Bellevue is not permitted to expend public funds for a sister city relationship. She said the city has participated in a sister city relationship very successful- ly since 1969. The Sister City Committee was set up as a nonprofit organization and received a 501C3 determination from the IRS, which enabled the Committee to seek funds on an unlimited basis. She said funds were first donated by interested individuals and membership dues and the city donated services towards to program rather than public funds. Ms. Hale said the Committee joined Sister Cities International which helped the program to grow significantly and become more organized. She said the Mayor of Bellevue was designated as the head of the Committee. Ms. Hale said one of the most successful fund raising activities has been rummage sales, which brought in over $3,000 in one year for one -day events. Mayor Naughten inquired about the number of members representing the Sister City Committee. Ms. Hale said over 120 presently belong to the Committee. Mayor Naughten inquired if the Committee was self sustaining. Ms. Hale replied affirmatively. Ms. Hale said the Committee's budget was $5,360 in 1984/85 and $6,224 in 1986/87. Student Representative Scott Tracy inquired about the length of time it took before the program became self sustaining after it received support from the city. Ms. Hale replied approximately four years. Councilmember Jaech inquired how the legal fees were paid in establishing the 501C3 program. Ms. Hale said legal services were donated. Councilmember Jaech inquired how overseas trips for city representatives were funded. Ms. Hale said until recently, officials funded their own trips. She noted however, that airlines are now offering a free ticket for every fifteen tickets that are purchased. Councilmember Jaech inquired about the time frame involved in establishing a 501C3 program. Ms. Hale said IRS reviews take approximately five weeks. Mayor Naughten inquired about the number of Japanese students who attend Edmonds Community Col- lege. Mr. Nielsen replied approximately 120, noting that a special group of 66 students will visit the college for 6 weeks this year. EDMONDS CITY COUNCIL MINUTES Page 6 JULY 7, 1987 0 Mayor Naughten thanked the guests for attending and speaking at the Council meeting. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ACCEPT THE CITY OF HEKINAN'S OFFER OF AN INTERNATIONAL SISTER CITY RELATIONSHIP AND APPROVE THE 1987 BUDGET REQUEST. Councilmember Jaech said she would vote in favor of the motion with the proviso that the Commit- tee is established in 1987 as a 501C3 organization and continues forth'as an independent entity. COUNCILMEMBER JAECH MOVED TO AMEND THE MOTION, SECONDED BY COUNCILMEMBER KASPER, TO INCLUDE THAT THE SISTER CITY RELATIONSHIP IS ACCEPTED AND THAT THE COMMITTEE PURSUE AND RECEIVE A 501C3 CLASSI- FICATION. MOTION TO AMEND CARRIED. MAIN MOTION, AS AMENDED, CARRIED. Councilmember Jaech raised a point of order. She noted that Item #6, Review of Computer Equip- ment Needs, was an in-house issue and requested that items succeeding it be discussed before that item because there were people in the audience awaiting the discussion of Item #6. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO DISCUSS ITEM #6 AFTER ITEM #12, DISCUSSION OF VALUE ENGINEERING AGREEMENT. MOTION CARRIED. DISCUSSION AND APPROVAL OF MEMO OF UNDERSTANDING WITH OTHER AGENCIES FOR SECONDARY SEWER TREAT- MENT Community Services Director Peter Hahn reported that on May 26, 1987, the City Council clarified ,1 and reiterated a number of issues relating to the new agreements between the participating juris- dictions involved in the secondary treatment project. Based on these actions the staffs drafted the Memorandum of Understanding (MOU). The MOU enumerates all of the key elements for a formal agreement. The legislative bodies of the participants will also review the MOU next week and most are expected to authorize execution of the document. Upon signing the MOU by the jurisdictions, Edmonds will begin receiving payments from the par- ticipants for expenditures already made by Edmonds for the project, as well as ongoing expendi- tures, which is a drastic departure from the present agreements wherein the other participants would not receive a bill for the project until 1992. Councilmember Ostrom inquired if there would be one MOU or six MOU's for each participant. Mr. Hahn said there will be one agreement, as addressed in Item #23 of the MOU. Councilmember Ostrom inquired if Staff still recommended that the Mayor sign the MOU. Mr. Hahn replied affir- matively. Councilmember Jaech inquired who the participants were. Mr. Hahn replied Edmonds, Mountlake Terrace, Olympic View Water District, Ronald Sewer District, Woodway, and Lynnwood. Councilmem- ber Jaech inquired if Woodway has agreed to sign the MOU. Mr. Hahn said there are a number of issues that Woodway has yet to resolve, but he noted that the agreement recognizes that minor adjustments may be made. Councilmember Dwyer inquired if the adjustment in ECU's for Woodway would be decreased. Mr. Hahn replied affirmatively. Councilmember Dwyer inquired if that capacity would be reserved for Edmonds, then. Mr. Hahn said there would be some adjustment but the adjustment would be very minimal. Councilmember Jaech said she understood that Woodway would not be required to do its own bonding. because of the small amount of capacity it needed. Mr. Hahn said the percentage for Edmonds and Woodway could be combined into a slightly larger bond issue. Councilmember Jaech inquired if a draft agreement should be presented to the Council if that scenario was to occur so that Edmonds would not be subsidizing Woodway. Mr. Hahn replied affirmatively. Councilmember Dwyer inquired if a proposal was submitted by Woodway. Mr. Hahn replied negative- ly. He said he referred the town of Woodway to several firms to help it resolve the issues of dispute. Councilmember Kasper inquired if the capacity will be increased to accommodate the additional ECU's from 70 to 464 for Woodway. Mr. Hahn replied affirmatively. Councilmember Hall expressed concern that Item #3 of the MOU referred to a total project cost not to exceed $45 million as opposed to the original estimate of $39.1 million. Mr. Hahn said EDMONDS CITY COUNCIL MINUTES Page 7 JULY 7, 1987 that figure was utilized as an absolute limit and was only a theoretical figure. He said he did not expect that costs would reach that amount. * Councilmember Nordquist inquired about the constitution of the Oversight Committee. Mr. Hahn said although the constitution of the Committee has not yet been determined, he assured the Coun- cil that the actions of the Committee would not supersede Council action and would be subject to Council approval. Councilmember Kasper inquired if annexation was considered in the MOU. Mr. Hahn replied nega- tively. He said that issue would be resolved between Edmonds and Olympic View Water District. Councilmember Kasper inquired if reserve and replacement funds have been established. Mr. Hahn replied negatively. He clarified that the reserve and replacement fund will be established for contingencies in the amount of $200,000 - $300,000 to be allocated as set forth in the MOU. Councilmember Kasper said he always has and still questions the adequacy of the allocation of an overhead cost equal to 10% of direct costs of operation and maintenance charged to all partici- pants. He recommended that that issue be reviewed on an annual basis. Mr. Hahn said that Admin- istrative Services Director Art Housler painstakingly formulated a number of accounting sheets utilizing the stepdown method of overhead computation, noting that that method is very precise and widely accepted by accountants and finance directors. He emphasized that that formulation was subject to review. Mr. Hahn added that direct costs will be directly charged to the project. Councilmember Kasper inquired how the overhead costs would be adjusted for the other parts of the system, such as the lift station. Mr. Hahn said that issue was not discussed. City Engineer Bob Alberts said he would investigate the matter. Councilmember Kasper inquired how rezones and management of permits would be handled. Mr. Hahn said a monitoring system will be installed which will alert Edmonds if and when a participant reaches 80% capacity, at which time a stringent monitoring program will be established. In the interest of time, Mayor Naughten suggested that Councilmembers write down any other ques- tions they may have and that the discussion be continued to July 14. Councilmember Jaech said she could not approve the MOU until the City reached an agreement with Metro. Mr. Hahn noted that that issue was scheduled for discussion next week. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO CONTINUE THE DISCUSSION ON JULY 14, 1987. MOTION CARRIED. DISCUSSION OF ANDERSON CENTER GYMNASIUM FLOOR AND AUTHORIZATION TO READVERTISE FOR BIDS City Engineer Bob Alberts reported that gym floor bids were rejected by the City Council on June 30, 1987. Staff was authorized to rebid the project no sooner than July 24, 1987. He noted that that time frame would likely cause a minimum revenue loss of $4,500 due to cancellations of a full session of aerobics. If the original August time frame could be maintained, he said that loss could be minimized. Mr. Alberts said the call for bids had included the "Or Equal" provision. He said Staff had requested that submittals of equal products be made in the interim before opening the bids but that provision could be altered. Councilmember Kasper said he did not feel the call for bids should be delayed and recommended suspension of the rules. City Attorney John Wallace noted that a motion to suspend the rules was in order and if passed, a motion for reconsideration made by a Councilmember on the prevailing side was in order. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO SUSPEND THE RULES SO THE COUNCIL COULD RECONSIDER THE ISSUE. MOTION FAILED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER DWYER IN FAVOR; COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, COUNCILMEMBER OSTROM, AND COUNCILMEMBER WILSON OPPOSED. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AUTHORIZE IMMEDIATE REBID OF THE ANDERSON CENTER GYM FLOOR PROJECT. MOTION CARRIED. COUNCIL CONSIDERATION OF REQUEST TO REDUCE COMPENSATION FOR PROPOSED ALLEY VACATION AT 307 - 5TH AVE. S. RAINIER BANK/ST-5-85 ti a;�r��On August 20, 1985, the City Council voted to approve the request of Rainier Bank to vacate a portion of the undeveloped alley adjacent to their property at 307 - 5th Ave. S. subject to com- pensation to the City for the vacated right-of-way and the reservation of a utilities easement. The compensation set by the Council was $18,225. Rainier Bank decided not to proceed with the alley vacation at that time. Rainier Bank has since reconsidered its position regarding the * See Council Minutes of July 14, 1987 EDMONDS CITY COUNCIL MINUTES Page 8 JULY 7, 1987 alley vacation in light of their construction of a new commercial building on the adjacent proper- ty. Due to the high cost of relocating the electrical utilities in the alley right-of-way, the bank is seeking to reduce the amount of compensation to $14,000. Attached to the Council packets is a letter from Dale Chandler outlining Rainier Bank's request. Councilmember Kasper said because he reviewed the issue and made an on -site visit, he believed that the proposed solution was appropriate. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ACCEPT THE COMPENSATION PRESENTED BY RAINIER BANK AND AUTHORIZE THE PREPARATION OF THE NECESSARY ORDINANCE TO COMPLETE THE ALLEY VACATION. Councilmember Jaech felt that full compensation for the alley should be made to the City because she said the right-of-way places an additional value on the parcel to be developed. Councilmem- ber Kasper noted that the City is receiving 75% compensation less the cost of relocating the electrical utilities. Councilmember Jaech inquired if the property owner would be able to devel- op the property without the use of the alley. Councilmember Kasper replied affirmatively. MOTION CARRIED. CONTINUED DISCUSSION OF SLUDGE MANAGEMENT BY CWC-HDR, INC. City Engineer Bob Alberts reported that at the June 30, 1987 Council meeting, Mr. Gordon Culp of CWC-HDR, Inc. distributed packets of the sludge management review and findings. Representatives of CWC-HDR were in attendance to make a presentation of the review of sludge management alterna- tives for the City. Sludge disposal by incineration is the alternative currently recommended and approved by DOE. Mr. Alberts introduced Bud Benges, CWC-HDR. Mr. Benges reviewed a slide presentation on sludge management. He said pollutants are removed from sludge so that it can be discharged into the aquatic environment without damaging that envi- ronment. Pollutants that may be present in sludge are heavy metals, toxic compounds, disease -causing microbes, and. putrescible materials. The options for disposing of sludge are anaerobic digestion, composting, and incineration. Mr. Benges noted that the pollution poten- tial for all of those alternatives was controllable; the cost factors were relatively the same; but that incineration has the least potential for odor and requires a minimal amount of space. In summary, Mr. Benges said it is the recommendation of CWC-HDR that sludge disposal by inciner- ation be utilized. Councilmember Kasper inquired which of the three alternatives will most likely be regulated in the future. Mr. Benges said all three alternatives will suffer regulation. Gary Mitten, CWC- HDR, noted that EPA will publish new regulations with regard to sludge disposal on August 31, 1987. Councilmember Ostrom inquired if the issue of toxicity of ash was unknown at the present time. Mr. Benges said the ash present at the existing treatment plant has been submitted for analysis so that the issue can be addressed. Councilmember Ostrom inquired if the metals in solid waste can be recovered. Mr. Benges said metals in solid waste are very difficult to recover. Councilmember Jaech inquired about the hours of operation of the plant for incineration. Mr. Benges replied twelve hours per day. Councilmember Jaech inquired if a larger plant would be needed for a joint venture for incineration. Mr. Benges replied affirmatively. Councilmember Hall inquired if the noise would increase. Mr. Benges said that noise information will be included in their report on July 14. Councilmember Hall inquired if the incineration process would have to burn hotter for a joint operation. Mr. Benges replied negatively. He said essentially the same temperature is main- tained for varying amounts of sludge. Councilmember Hall inquired if odor would be emitted from the vapor plume. Mr. Benges said there will be no odor from the incinerator, only from the sludge itself. He said the latest technology can be provided for odor control which is more capable than controls at the existing plant. He said, however, that there will be an opportunity for periodic odors, noting that it would not be noticeable except under unusual circumstances. Councilmember Jaech inquired if incineration will be the least likely alternative to be out- lawed. Mr. Mitten said none of the alternatives will be outlawed. He said he was unable, howev- er, to predict which of the alternatives would be least likely or most likely to be affected. He noted that EPA was primarily concerned with larger industrial communities. Mr. Mitten said the only thing that would affect the City with respect to incineration was stack height. EDMONDS CITY COUNCIL MINUTES Page 9 JULY 7, 1987 Mr. Benges said CWC-HDR is preparing to proceed with the predesign report and value engineer- ing. He said the predesign report will be presented in August along with value engineering. DISCUSSION OF VALUE ENGINEERING AGREEMENT WITH CH2M HILL_ t$85,0001 4_1� City Engineer Bob Alberts reported that on May 28, 1987, the City's Consultant Selection Commit- we4,,a,A0 tee interviewed three of five firms who submitted Value Engineering (VE) proposals for the design of the wastewater treatment plant facility. Subsequent to the interviews, the Committee selected CH2M Hill for VE services. The services are in two phases which represent the. two VE sessions scheduled for the project. The fee is a lump sum price of $40,000 and $45,000 for phase I and phase II, respectively. The phase I workshop will focus on reviewing the CWC-HDR, Inc. 10% engineering report and work performed to date. The phase II workshop will be held some- time in the Spring of 1988. The work is budgeted in the Water/Sewer Fund 411 and has a $150,000 budget in the grant agreement with the Department of Ecology. Mr. Alberts noted that there are two legal issues with respect to the language in the indemnifica- tion clauses that the consultants would like Staff and the City Attorney to review. He requested that if the agreement is acceptable to the Council, that it be approved with the understanding that several amendments may be made. Mr. Alberts introduced Collie Martin, CH2M Hill. Councilmember Ostrom inquired how VE can be done if the design of the plant is unknown at the present time because the location of the plant has yet to be identified. Mr. Alberts said VE can be done for either site. Councilmember Ostrom inquired if the execution of the VE agree- ment was premature. Mr. Alberts said he did not know. He noted, however, that VE was in line with the time tables which were established for the Dayton Street site. Community Services Direc- tor Peter Hahn stated that the Council could specify that notice to proceed should not be given on the VE contract until a date certain. Mr. Martin said a two week notice to meet with the VE should not pose a problem. Mr. Benges said more detailed cost estimates will be available in early August for the two sites. Councilmember Kasper inquired if siting of the project was a major concern of VE. Mr. Benges said although the process would not be altered, the process would be complicated somewhat if the location of the treatment plant was altered. Councilmember Kasper inquired about the time delay of VE for the Pine Street site if the Dayton site is not selected. Mr. Benges said VE will be ready by August 17 if a site is selected by August 1st. COUNCILMEMBER NORDQUIST. MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AUTHORIZE THE MAYOR TO EXE- CUTE THE VALUE ENGINEERING AGREEMENT WITH CH2M HILL AT A LUMP SUM FEE OF $85,000. MOTION CAR- RIED. REVIEW OF COMPUTER EQUIPMENT NEEDS ($20,000) (>a Councilmember Ostrom stepped down from the dais due to a conflict of interest. Administrative Services Director Art Housler stated that the subject was rescheduled from the June 12 Council meeting. Since that time, the computer expansion equipment, which allows addi- tional devices to be connected, was installed. A maximum of thirty-six devices can now be add- ed. At that meeting, the Management Team requested a $20,000 appropriation from the General Fund #001 year-end cash carryover, which was transferred to the Building Maintenance Fund #116. Of the amount transferred, there remains $39,991 unappropriated/uncommitted. Mr. Housler explained the rationale behind the upgrade of computer equipment in 1983. Mr. Housler noted that the display station for the Municipal Court was already budgeted and was not included in the request for $20,000. He said the display station would be located at the Court Clerk's desk. He reviewed the purpose and justification of the request. Councilmember Kasper inquired about the total cost of the computer system when it was purchased in 1983. Mr. Housler replied approximately $202,000, which included software programs. Council - member Kasper asked what expenditures have been made since the computer was purchased. Mr. Housler said $36,000 was expended for programming. Councilmember Kasper inquired how many employ- ees have been hired since 1983. Mr. Housler replied four employees, three of whom were hired for the Municipal Court. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL - MEMBER DWYER, TO REOPEN THE MEETING NOT TO EXCEED THIRTY MINUTES. MOTION CARRIED. f' L EDMONDS CITY COUNCIL MINUTES Page 10 JULY 7, 1987 COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE THE PURCHASE OF THE DISPLAY STATION AT THE COURT CLERK'S DESK IN MUNICIPAL COURT. MOTION CARRIED. Mr. Housler reviewed the purpose and justification for the display station at the Treasury Clerk's desk. Councilmember Jaech referred to the request for a printer for the Municipal Court. She said that a printer could be purchased for less than half of the cost of $5,910 for the printer as recom- mended by Staff. Mr. Housler noted that the printer to be purchased was an IBM printer and was recommended because of the services it would provide. Mayor Naughten recommended that Staff investigate brand names of printers other than IBM's that would be compatible with the system and provide that information to the Council. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE PURCHASE OF A PRINTER FOR THE MUNICIPAL COURT AND THAT THE BRAND NAME, WHEN DETERMINED, BE PLACED ON THE CONSENT AGENDA FOR COUNCIL APPROVAL. MOTION CARRIED. Councilmember Hall inquired about the shared work station concept. Mr. Housler said the concept behind distributive processing is that each employee would have available to them a display sta- tion to execute their assigned duties and acquire the information necessary to perform those tasks. Councilmember Wilson said he understood the need to expand the computer system because he said his office purchased state of the art equipment several years ago and thought that that equipment would always serve their needs. He said, however, that the system now needs to be expanded. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE REQUEST ON SCHED- ULE "C" FOR THE ACQUISITION OF DISPLAY STATIONS ONLY AS LISTED. MOTION CARRIED. Fire Chief Jack Weinz said there are programs for p.c.'s for the fire service throughout the State which are available to the City's Fire Department at little or no cost. He said the pro- grams are not intended for use in the main frame. Councilmember Jaech inquired if the programs were compatible on a straight p.c. Community Services Director Peter Hahn replied affirmatively. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE P.C. FOR THE ACCOUNTING DEPARTMENT, POLICE DEPARTMENT, TWO FOR THE FIRE DEPARTMENT, AND THE COMMUNITY SERVICES DEPARTMENT BUT THAT THE PRICE IS NEGOTIATED. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT THE EQUIPMENT LISTED IN SCHEDULE "C" GO TO BID AND THAT THE BIDS RECEIVED ARE SUBMITTED TO THE COUNCIL FOR APPROVAL. MOTION CARRIED WITH COUNCILMEMBER DWYER AND COUNCILMEMBER WILSON OPPOSED. MAYOR Mayor Naughten reported that the official population of Edmonds was presently 28,300. Mayor Naughten said the 4th of July event was the largest one to date. He said it was estimated that 10,000 people attended the parade and 25,300 were at the stadium for the fire works. COUNCIL COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE COUNCILMEMBER HALL'S ABSENCE. ON JUNE 16, 1987. MOTION CARRIED. Student Representative Scott Tracy said he climbed Mount St. Helens last week and intends to climb Mount Rainier next week. Councilmember Hall said on July 4th the driver of the truck transporting the fire works was lost on 8th Avenue South and she directed them to the Civic Center Playfield. !en•"-� Councilmember Kasper said he would like to discuss the issue of annexation for secondary wastewater in the near future. Councilmember Nordquist expressed his appreciation to Councilmember Jaech for decorating her side of the truck that Councilmembers rode in for the 4th of July parade. Councilmember Jaech expressed her appreciation to Public Works Superintendent Bobby Mills for securing a truck for the Council to ride in for the 4th of July parade. She clarified that the Council could not agree on how to decorate the truck so Councilmember Nordquist and Councilmember Kasper decorated one side of the truck and she decorated the other side. EDMONDS CITY COUNCIL MINUTES Page 11 JULY 7, 1987 The Council recessed to an Executive Session at 10:25 p.m. and reconvened at 10:37 p.m. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE THE MAYOR TO SELL THE. PERRINVILLE PROPERTY TO THE POST OFFICE FOR $212,000 CONTINGENT UPON REZONE. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AUTHORIZE STAFF TO PROCEED TO �w ACQUIRE LAND APPRAISALS FOR POSSIBLE ACQUISITION OF PROPERTY FOR A PUBLIC WORKS OFFICE AND GARAGE FACILITY AS PRESENTED IN OPTION "A", WHICH DEFINES THE AREA AS LAND LOCATED ON THE EAST SIDE OF CARRIED. 72ND AVENUE WEST BETWEEN 210TH ST. S.W. AND 212TH ST. S.W. MOTION (Councilmembers Jaech, Ostrom, and Kasper were not present to vote on this issue.) The meeting adjourned at 10:40 p.m. These minutes are subject to July 14, 1987 approval. JA UELI J Cl ty U I erk LARRY NAUGHTEN, L EDMONDS CITY COUNCIL MINUTES Page 12 JULY 7, 1987 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JULY 7, 1987 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 30, 1987 (C) PROPOSED ORDINANCE 2625 ESTABLISHING MAYOR'S SALARY FOR TERM 1988-1991 (D) AUTHORIZATION FOR MAYOR TO SIGN NEW MASTER AGREEMENT FOR NORTHWEST ONE -CALL WARNING SYSTEM (E) AUTHORIZATION TO CALL FOR BIDS FOR 1987 OVERLAY PROGRAM ($138,000) (F) AUTHORIZATION TO CALL FOR BIDS FOR 8TH. AVE. S. WATER PIPELINE ($480,000) (G) PROPOSED ORDINANCE 2626 AMENDING COMMUNITY DEVELOPMENT CODE TITLE 19 TO INCORPORATE CHANGES BY THE STATE BUILDING CODE COUNCIL 2. AUDIENCE 3. PRESENTATION OF DONATION FROM YOUTH ACTIVITIES BOARD TO YOUTH ( 5 MINUTES) SCHOLARSHIP PROGRAM 4. PRESENTATION BY WOODWAY MAYOR JEANNETTE WOOD ON PERFORMING ARTS PROPOSAL (15 MINUTES) 5. HEARING ON APPEAL OF HEARING EXAMINER DECISION DENYING HEIGHT VARIANCE (30 MINUTES) AT 110 PINE ST. (AP-8-87/SIDNEY LOCKE) 6. REVIEW OF COMPUTER EQUIPMENT NEEDS ($20,000) (30 MINUTES) 7. DISCUSSION AND APPROVAL OF MEMO OF UNDERSTANDING WITH OTHER AGENCIES (20 MINUTES) FOR SECONDARY SEWER TREATMENT 8. CONTINUED COUNCIL CONSIDERATION OF HEKINAN, JAPAN, AS SISTER CITY (30 MINUTES) (FROM MAY 5) 9. DISCUSSION OF ANDERSON CENTER GYMNASIUM FLOOR AND AUTHORIZATION TO (15 MINUTES) READVERTISE FOR BIDS 10. COUNCIL CONSIDERATION OF REQUEST TO REDUCE COMPENSATION FOR PROPOSED (15 MINUTES) ALLEY VACATION AT 307 5TH AVE. S. (RAINIER BANK/ST-5-85) 11. CONTINUED DISCUSSION OF SLUDGE MANAGEMENT, BY CWC-HDR, INC. (15 MINUTES) 12. DISCUSSION OF VALUE ENGINEERING AGREEMENT WITH CH2M HILL ($85,000) ( 5 MINUTES) 13. MAYOR 14. COUNCIL 15. EXECUTIVE SESSION - PROPERTY MATTER THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE