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19811020 City Council Minutes• October 13, 1981 - continued 331 ELECTION WOULD HAVE THAT MUCH IMPACT ON THE MEETING. (He also said he would not be able to be present on November 2.) MOTION CARRIED. 1 1 0 1 1 0 Councilmember Gould asked'about.the Edmonds and Mountlake :Terrace sewer contract., and City Attorney Wayne Tanaka responded that.he had received correspondence from the Mountlake Terrace attorney, to which he is preparing a response.' Councilmember Gould requested that Mr. Tanaka give the Council a briefing on it at the next meeting. Councilmember Kasper commended Art Housler, Dia Bock., and Councilmember Allen for the summary of the recent Council/Staff retreat. Councilmember.Kasper noted.that.Technical Studies.Engineer Bob Franklin will be leaving the City, and he thought Mr. Franklin should be given a commendation for the outstanding.job.he has done for the City, especially in connection.with the Meadowdale.sewer-project. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER COULD, THAT A RESOLUTION OF COMMENDATION BE PREPARED IN.RECOGNITION OF MR. FRANKLIN'S SERVICE TO THE CITY: MOTION CARRIED. Councilmember Kasper observed that during last week's heavy.rainfall Shell Creek did not flood down Daley St. He was told that it had been very dry prior to -that storm and Goodhope Pond had held the stormwater. City Engineer Jim Adams noted that.a*minor change was needed in the Pine Ridge Estates plat to relocate the sidewalk and walkway for the benefit of children -walking to Chase Lake Elementary School. He had provided a map to.illustrate the recommended change, but now said .they would like to leave the sidewalk on the east side instead of the west side and go down one more lot. The reason for this change was .to save some trees. The walkway would go down the east side and exit the plat between Lots 8 and 9. Mr. Adams.said the principal of�the school and the other,people involved are happy with this solution. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER-GOETZ, THAT THE REQUESTED CHANGE IN THE PINE RIDGE ESTATES PLAT BE APPROVED. MOTION CARRIED. There was no further business to come before the Council, and.the meeting adjourned at 11:15 p.m. 'IRENE VARNEY MORAN, Ci&yF Clerk October 20, 1981 72�- " P, ? !.., r HARV" H. A R SON; Mayor 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 STAFF PRESENT Harve Harrison,,Mayor Jack Mitchell,.Public Works Superintendent Katherine Allen Jim Adams, City Engineer Mary Goetz Irene Varney Moran, City Clerk Bill Kasper Jim Jessel, Parks & Recreation Director Ray Gould Bob Franklin, Technical Studies Engineer Larry Naughten Art Housler, Finance Director John Nordquist Mary Lou Block, Planning Director Jo -Anne Jaech. Jack Weinz, Fire Chief Mark Gluth, Student Rep. Wayne Tanaka, City Attorney Mark Eames, City Attorney Jackie Parrett,.Deputy City Clerk Council President Allen introduced Mark Gluth, the new Student Representative from Edmonds High School. CONSENT AGENDA Item (C) was removed from the Consent Agenda. COUNCILMEMBER ALLEN.MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, 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 October 13, 1981.. (Councilmember Goetz cited.an_omission in the Minutes, but in later discussion with the.Clerk it.was determined that the item had been in the previous week's minutes.) PROPOSED ORDINANCE RE MAINTENANCE..OF PLANTER AREAS [Item (C) on Consent Agenda] Councilmember Naughten did not believe an ordinance.was.needed to control the upkeep of planter areas�,.but that a simple letter from the City should suffice.: Councilmember Jaech-questioned the authority of the City in this regard, and City Attorney Wayne Tanaka responded.that unkempt planter areas are not.aesthetical.l.y pleasing and contribute to the decline of property values, and that it is within the City's authority to require upkeep of those areas. He noted that this.ordinance would -332 October.20, 1981 - continued • apply only to business, commercial, or multi -family areas, and that the people who were required to have ADB approval of site and landscape plans would be the ones affected, not a person who just has a lawn and does not take care of.it.. Councilmember Jaech thought if this were passed it should have the same format as the recent Sign Code enforcement ordinance which stated one notice will be sent, and she said that notice should inform the offender of the restrictions. She also thought the wording should be changed to say the Planning Director "shall" rather than "may" refer the matter to the City. Attorney for legal action if the planter area is not properly maintained within the time period set forth in the notice. ;(Proposed new Section 17.80..040.)' Mayor Harrison was asked the reason for this ordinance which he -had requested and he responded that it was for City beautifica- tion. COUNCILMEMBER ALLEN MOVED.TO APPROVE ITEM (C) ON THE CONSENT AGENDA, ADOPTING ORDINANCE 2243. MOTION FAILED FOR LACK OF A SECOND.. COUNCILMEMBER GOULD THEN MOVED, SECONDED BY COUNCILMEMBER GOETZ, TO ADOPT ORDINANCE 2243 WITH THE AMENDMENTS PROPOSED BY COUNCILMEMBER JAECH, AND APPROVING. ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED, WITH COUNCILMEMBER NAUGHTEN'VOTING NO. MAYOR Mayor Harrison read aloud and then .presented to Bob Franklin a proposed resolution commending him for his outstanding service -to the City. COUNCILMEMBER ALLEN.MOVED, SECONDED BY COUNCILMEMBER GOULD, TO PASS RESOLUTION 506,'COMMENDING BOB FRANKLIN. Councilmember Gould especially.commended. him for his work on the Meadowdale sewer project, noting that he had represented the City -in a situation 'laden with emotions. He .said Mr. Franklin worked with the people --not for them or against them --and Councilmember Gould appreciated the way in which.he represented the City. AUDIENCE Ray Martin -asked if the audience would be permitted to participate in the discussion regarding the 7th and Elm property. COUNCILMEMBER ALLEN-MOVED; SECONDED,BY COUNCILMEMBER JAECH, TO ALLOW AUDIENCE • PARTICIPATION ON THAT ITEM: MOTION CARRIED.- Laura Hall -asked the same questi-on-regarding-the Pantley proposal. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ALLOW AUDIENCE PARTICIPATION .ON THAT•ITEM.:-MOTION CARRIED. Councilmember Gould explained to the audience that. just because an agenda item is not listed as a hearing it does not mean that the audience will not be permitted to participate, and that Work Meetings are the only ones closed to audience participation without a motion from the.Council. The Council's policy has always been to encourage audience participation in discussion items as well as hearing items. HEARING ON PROPOSED USE FOR REVENUE SHARING Finance Director Art Housler stated.that the purpose of the hearing was to provide citizens the opportunity to make oral and/or written suggestions regarding possible uses of revenue sharing funds. The amount allocated to the City for 1982 is $185,229. Mr. Housler had provided a schedule showing the dollar amounts and the use of those funds since 1973. Councilmember Gould added that in the last few years the funds had been used primarily for police services. The intent was to do so again. The hearing was opened -to the public, no one wished to speak, and the hearing was closed. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD, TO ACCEPT THE REPORT OF THE FINANCE DIRECTOR. Councilmember Gould commented that they should feel free during the budgetary discussions to make changes. THE MOTION CARRIED. HEARING ON PRELIMINARY PLAT (HOFTO/P-3-81) Planning Director Mary Lou Block said this was a simple, two -lot subdivision and the reason that a hearing was required was that this property had been a part of another subdivision within the past five years, so the applicant must..go through the formal subdivision process. This had been to the Hearing Examiner, and his report had.been provided to the Council. He had recommended approval, subject to the following conditions:- (1) All evergreen trees that are shown on the plat should be retained. (2) The applicant is to comply with all the engineering requirements as outlined in • Exhibit 2 attached to the Hearing.Examiner report. (3) Lot-2 is to.be considered a flag lot, with -setbacks as follows: The front yard setback shall be from -the south end, the rear setback from the north end, and the side yard setbacks shall be from the east'and west ends of the lot. (4) The setbacks for Lot 2 shall be measured.from the west border-ofLot 1. The hearing was opened. No one wished to speak,•but Grady Helseph of Hofto Homes was present to answer any questions. The hearing was closed. COUNCILMEMBER GOULD-MOVED,-SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE PRELIMINARY PLAT P-3-81. MOTION CARRIED. DISCUSSION"ON 7TH AND ELM PROPERTY Councilmember Jaech had requested this discussion because several citizens had expressed concerns to her about -the possible sale of this property. The discussion was opened to the audience. Ray Martin, 18704 94th W., said the .Edmonds Council of Concerned. Citizens has been working with. the neighborhoodon this, and he reviewed some of the history of this property. He noted that in 1975 the Planning,Commission had recommended to the City Council that the property be zoned OS, and in April 1975 the City Council did so, but the property had never been shown on the Zoning Map to be OS and the County records show it as RS-6. He said the people who live in the neighborhood thought it was zoned OS and were dismayed to find it on the surplus property list. Shirley Dunphy; 1126 "B" Ave.,. adjoining -the subject property, presented a petition with 41 signa- tures asking -that the property be.retained in OS zoning and that it be removed from the surplus property list. She did not understand how it could have,been put on the surplus property.list if it was zoned OS. Kurt Dunphy, same address, said the property.is pleasing to them, -makes their homes comfortable,'and gives them pleasure in summer and winter. He asked fora long-range affirmation by the Mayor and Council to leave the property as it is, taking it off the surplus land list and putting it back in.OS zoning as a final state. No one el-se.wished.to speak, and the discussion was closed to the audience. Councilmember Norti dquist.said,informaon.in.his files indicated that site had been considered as a park site for'that particular section of the City of Edmonds. He said at the April 15, 1975 City • 333 • October 20, 1981 - continued Council meeting i.t'was felt more than ever that there was `a need for a park site,in that area and it was the intent of that Council to place this property into open'space,'and they,passed,an ordinance to effect that. He said..the people in that area have:been led to believe,they have a.park site and he thought the intent of.that ordinance was to do so. The site is'owned by the Water/ Sewer Fund, and Parks and Recreation..Di.rector Jim Jessel said that when the Park Board in the:.recent past was given the opportunity to -buy it from that fund they turned down the purchase because it would cost a large amount of money and..'the site was serving the purpose:of a --park as it was. So the in -lieu park funds were spent on the Junior High Playfield. Councilman Gould asked whether.holding onto this $200,000 piece of property could be justified when problems are being experienced:wi:th the water/sewer,,rates and this is a piece of property that belongs to the Water/Sewer Fund. He said they have the rest of the City to consider also, although he believes in open space.. It..appeared to him that..it.was not necessary to'sell this property at this time and that open space -was a proper use at this time. Councilmember Nordquist said some kind of program should be established to reimburse the Water/Sewer Fund for the property, or i.t should be left in -its current status., but .he did not want to.see.it as an item with which to balance the budget. Councilmember Goetz:said there should'be a system to identify open space on the records and that this never should have.appeared as RS-6. Planning Director Mary Lou Block responded that for some.reason it never was put-on the Zoning Map.as OS, but that has now been rectified on the new mylar, although copies have not yet been made. Councilmember Allen said she.was.the one who had talked.about selling it to'balance the budget,.but only if it was essentia1.to.keep the City out of debt: She said they had been able to balance the budget and would do so again°for next year without having to sell, this property. She thought the • Council needed to reaffirm.the OS zoning and reaffirm their attitude towards open space --which is to keep open space a,s open space= -keeping down the density of population or giving the population some place in which to breathe... Councilmember Nordquist suggested they explore the possibility of reimbursing the Water/Sewer Fund for. some amount to get the property into the inventory of the Parks Department. Finance Director Art Housler:said the H. 0. Hutt property was purchased on a contractual'basis, so he did not know why they,cou ld not do the same with -this property. Councilmember Gould asked Mr. .he whether the Concerned Citizens Council had discussed'any of the other properties, or were. they specifically interested in the 7th and Elm property, and Mr.. Martin'.responded that the group is interested in the open space concept; and they had, -concentrated on working on this property. COUNCIL - MEMBER NAUGHTEN THEN MOVED,.SECONDED BY COUNCILMEMBER NORDQUIST, TO REAFFIRM.ORDINANCE 1768 AND TO REMOVE THE 7TH AND ELM PROPERTY FROM THE SURPLUS PROPERTY LIST. MOTION CARRIED. Councilmember Jaech requested that the Staff look into an installment type of basis by which the property could be transferred from the Water/Sewer Fund to the General --Fund over a period of time. She -also thought it should be reappraised under the OS zoning. She said it .is.very unstable property and that should be a factor in an appraisal. Mayor Harrison also asked that the City Attorney.look.at the possibility of establishing a park within the Water/Sewer Fund. Councilmember Kasper observed that the upper neighbors and the lower neighbors.had been together on this issue, but recalling the past issue of trees on this property he said if it is open space the trees will continue to grow and'if it were developed as a park there would be some control. He thought that if there was.a consensus of the high neighbors and the low neighbors that should be obtained from them. Councilmember Jaech responded'that there is no money to develop it as a park now, and that they only wanted.to keep it from being sold...Sproule McGinness, in the audience, asked why the property, instead,of money, just was not transferred from the Water/ Sewer Fund to the Park Department inasmuch.as the. -Council had passed sucha motion, and Mr. Housler responded that a determination would have to be made as to what the impact would be, and that it may jeopardize the accounting standards set for the City. DISCUSSION OF FISHING PIER:-PARKING'LOT AND PANTLEY PROPOSAL Councilmembers Kasper, Nordquist, and Naughten left..the Council Chambers during this discussion in accordance with the Appearance.of Fairness Doctrine, inasmuch as each of them has family members employed.by Mr. Pantley. Robert Pantley distributed to the Council copies of a.proposed amendment to the.lease agreement for the parking lot, saying a public hearing was held last week at the Senior Center and -the problem was..discussed at length. He had developed a plan for 'a parking deck and he proposed to agree to build 40 additional parking spaces, in a deck configuration, or --at the option of the Port --he would build 60 spaces across the street at Dayton and Admiral Way when the Port was ready to develop that area. Depending on the tax laws, he wished to give the parkingdeck to the City and Port immediately, but it may have to be amortized over a period of years. He described the proposed deck--10' high with.a 7' clearance, with landscaping boxes all around it. He said when -the Quonset huts across the street relocate and the 14 acres are developed, then the other area would be ideal for parking and the deck would not have to be.built.. It was estimated that such would be in approximately two years. He said Dick Slye had indicated to him that the deck would be acceptable with 40.spaces, rather than 80. Councilmember Allen noted that this was only a proposal and Mr. Pantley would have to apply-for,various permits in order to accomplish this, but that he was asking for approval of the concept.and-an agreement that the concept could be negotiated at a future date if it becomes necessary... She thought there was general agreement that the additional parking was not necessary.'at this time.. Counci1member Gould observed that the City certainly had not been able to reach an agreement with the .Port and that this option.may solve the political problem. He said they had tried to do what they thought was in the best interests of the City but they had not been successful. It was noted.that this agreement -would not assure that Mr. Pantley could get the permits he would need for the construction, and he would have to.go.through the normal• process to get those permits. Mr. Tanaka asked:Mr.. Pantley what would -happen if a,future owner of the restaurant refused to build the deck, and Mr. Pantley said he could be enjoined to -.build. He said he was trying to establish the direction to.go, but State law under. the Shorelines Management Act could stop it, but if it was acceptable it'would give them the avenues..in writing and'the intent to.,.achieve a solution in the future. He said when'the Quonset huts go.there.is a good -possibility that the space across the street,will°become,avaiaable.for parking. Councilmembe.r::Gould suggested letting the Port have • - its hearing and just waiting to see what happens, but Councilmember Allen said the Council had to 34 October 20, 1981 - continued say whether they like the idea or not. Councilmember Goetz. -noted that the Port had moved to approve the concept at its July meeting. The discussion was openedto the audience. Jim Shields, 709 6th Ave. N., said he had attended the Port meeting this week and it was not yet clear to him where the public interest was in this matter. He felt there was an official interest, but he thought there should be a public hearing and the public interest determined. Councilmember Allen responded that, there was nothing to have a hearing on,,that they were only discussing a con cept. Mr. Shields said he thought, in the interest of the City and the -taxpayers, if the elected people are going to be involved.they.should be involved in the public interest. He added that Mr. Pantley might have more difficulty in selling the restaurant if,he did not have the parking, and he did not think the -City should help in that area. Joe Dwyer, 529 Holly Dr., also.•felt this was a benefit to one particular individual, and that until the Port determines what their plans are for parking this should just be considered but no approval given by the City. He did not think the proposed parking structure would be becoming to the area, and said the parking should be -where the Quonset huts will be eliminated, but he thought no action should be taken until the Port's plans are finalized. Laura Hall, 1140.Edmonds St., stated that she had said from the beginning that 18 parking stalls would not be enough. She was not.in favor of a parking second story, and.she asked the Council to think of the total waterfront and not.a structure that will be a safety hazard, a noise provider, and a.nuisance provider. She said the Council was remiss when they did not listen to those who said there would be a parking problem. She thought there should be a mediator with the three parties to get the problem solved. Dick Beselin, co-owner of The Landing, said they also would like, to see it resolved and have some harmony on the waterfront. He said there will be co -uses of parking down there for a long time and that the concern at The Landing.was that two tier parking will not have people using the lot for the original intent, and people will pass up the,parking and park on the port property adjacent to them. He thought the Council should listen to all sides before'approving a concept. Ray Martin, 18704 94th Ave. W.,. thought the Council should establish criteria for itself when it approaches these parking problems regardless of where they are. He said they should consider that the parking project include the use.of.the facility by the public and enhance the entire business community as a whole, and not one particular businessman or one segment of the population, and make sure the public as a whole is well served. Robert Pantley responded that the Code would have allowed him to develop his property differently, adversely affecting that piece of waterfront. He said'there was no requirement that he give a portion of his property to the City so it could get matching funds to complete Dayton Ave., and that he had risked everything he earned. He felt this, was a good solution but it did not mean the deck would ever be built, only that it had the potential to be built. He suggested that the.Council ask the City Attorney to reword his proposal and send it to the. Port for a public hearing, and he hoped to try to solve the problem once and for all at thatpublic. hearing. He said he was tired of getting shot at for what he has done, and 50 years from now that little green spot will be there instead of asphalt --which could have been.-45 parking stalls. Councilmember Gould agreed that the document should be redrafted by the City Attorney. He questioned what was meant by "patrons of Port property" in the proposal, whether it included people who own boats down there and would allow them to park there when they go off in their boats. He said he was trying to'have Mr. Pantley bring out what he believed was the general public. Mr. Pantley responded that the words were drawn up by the Port's attorney in the agreement between the City and the Port, and the current agreement allows Arnie's and all of Dick.Beselin's commercial properties to park there, but Pantley's cannot. He said he understood that Port patrons meant anybody in boats, Arnie's, the fishing pier, people on the beach, but not ferry commuters. Councilmember Goetz suggested that it would be best to discuss the long range planning with the Port, and Mr. Tanaka said he could call them. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOETZ, THAT AN AMENDED DRAFT OF THE PROPOSAL BE SENT TO THE PORT FOR THEIR CONSIDERATION.AND THE CONCEPT BE PRESENTED BY THE PORT FOR PUBLIC HEARING WITH THE NOTE THAT THE EDMONDS CITY COUNCIL HAS RECEIVED THE CONCEPT POSITIVELY. Councilmember Jaech said'she would vote -against the motion because -she felt this would be obligating the City on this property for a fifteen year period and she did not feel they could do that. She thought they should address the.parking structure when it was needed and went to the Council under current conditions, -not under the ''ifs" they have now. Councilmember Gould said the amended draft should go back -to the Council before it goes to the Port. He thought the mechanism was a good one and that -it was flexible conceptually,.and he noted that.the people involved are groping for a way to solve the problem, so he thought they should be given.a chance. Councilmember Goetz added that it would give the citizens an opportunity to voice approval or disapproval or ask questions. THE 'MOTION CARRIED, WITH COUNCILMEMBER JAECH VOTING NO. A short.recess was announced. COUNCIL Councilmember Nordquist brought regards from former Councilmember.Phil Clement, whom he had visited on his recent trip to Chicago. Councilmember Goetz had received..a letter from Arline Fahey of the.Soundview Garden Club who indi- cated they would be interested in assisting with plantingof shrubbery around the welcome'sign at 76th Ave..,and 196th St. if an agreement is reached between -Lynnwood and Edmonds to put Edmonds on the other side of the Lynnwood ,s.ign. There had been some humorous articles in the newspapers about the sign, but Councilmember Gould said his suggestion was not in jest. Mayor Harrison said there had been some response in the newspaper -that Edmonds should.share in the expense of the sign, but he did not know i.f that was the official stance. Councilmember Kasper noted that the Staff Meeting minutes reflected that the Planning Director had stated that in -lieu parking is "hanging in the air." He said to let this go on and on may allow • 335 • October 20, 1981 - continued some grandfathering unless,a temporary moratorium..is declared. He also noted that the Staff Meeting minutes-indicated...the Finance.Director..had.stated,.tha.t the'.City�isjortunate to be able to maintain the present staffing level.and-that there will be.no:lay-offs of previously budgeted.personnel. He said he thought:Mr. Housler.was reporting on the facts of the budget, but he did not want to get in the position like they were previously on salaries, and he cautioned that those decisions are not made until the budget is final. Councilmember Kasper reported that Councilmember Allen and he had met with -the Library Board and the Board was concerned about .the.use.of the upper portion of the new library. He said-Councilmember Allen and he .tried to clear the air,as to what the Council was talking about as to problems involved with that meeting room and -the fact that there are -no other public meeting places. He thought that when the minutes of the Library Board meeting are received.the Council would have to takea position on that situation.' It was.,hi.s.understanding also that there had been some design changes including - relocation of the mechanical system, and he asked for .a report from the architect. Councilmember Kasper asked.about.some Code changes considered.by the PAB at their last meeting, being -particularly interested in one having to do with fence.heights because of a -decision the Council;wi'll have to make.shortly. He suggested the Council might consider that Code change ahead of the others in order to: do so as soon as possible. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER GOULD, THAT THE PROPOSED'CODE.CHANGE REGARDING FENCE HEIGHTS BE PLACED ON A COUNCIL -AGENDA AS SOON AS POSSIBLE AFTER IT HAS BEEN CONSIDERED BY THE PAB. MOTION CARRIED. Councilmember Gould advised.that Frances.Murphy had sent a letter to the Lynnwood Rotary Club requesting $2,000 to fund.the student rangers for the.Brackett's Landing preservation project. The request was forwarded to their board for action. is Councilmember Gould thought.a schedule should be established for the Space Needs:Study recommendations, and then some steps could.be..approved and funds placed for those steps. Councilmember Allen responded that there had been no input yet from the Staff as to the designs that were presented. She noted that vacating the Council Chambers for the Police.Department will be the first step, and she.asked if it would cost money to go to the Senior Center on.a regular basis. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER.ALLEN, TO PLACE ON THE.NOVEMBER 3, 1981 AGENDA A DISCUSSION OF THE BASIC ELEMENTS OF THE SPACE NEEDS STUDY AND WHETHER TO APPROVE THE CONCEPT. MOTION CARRIED. Councilmember Gould noted that a letter had been received.'from the City of Lake.Stevens requesting that Edmonds adopt a resol.u.tion Ao urge the legislature.to allow.citi*es to have a 1/2¢ sales tax. He said a message is needed that as a municipality the -City needs some help. COUNCILMEMBER GOULD MOVED,.SECONDED BY COUNCILMEMBER NOP,DQUIST, THAT THE CITY OF EDMONDS DRAFT AND FORWARD A DOCUMENT TO THE APPROPRIATE LEGISLATORS AND GOVERNMENT AGENCIES REGARDING 1/2t LOCAL OPTION SALES TAX SIMILAR TO THE LAKE STEVENS RESOLUTION. MOTION CARRIED. Councilmember.Gould asked..if all the steps had been taken regarding the Meadowdale sewer project in. an effort to obtain grant..funds and he was told they had. He noted -that the declaration of health emergency had been made by Dr. John Beare, Director -of the. Division of Health; DSHS. He asked what' could be done to assure that.Edmonds will be high on the list for Referendum 39 money. Councilmember Allen responded that she had talked to Senator Gould and she is trying to make arrangements for representatives of .the City to meet with the DOE and.DSHS. She said the case has been documented on paper but she felt they should go to Olympia and let them know how desperate the City is, and to get the legislative representatives to go to the meeting also. Councilmember Gould said legislation is also,needed to allow the City to have a municipal court as it would save the City at least $85,000.per year. He had discussed this with Senator Gould -but said he needed help, and he suggested that Mayor Harrison and Council.President Allen might gather some • information together ;and push this, forward. Council President Allen thanked the- Finance Director for the copy of the notice he provided which is going out in the water bills regarding the water/sewer rates. Council President Allen stated that Doug Albright would like an Executive Session preceding a Council meeting to discuss labor negotiations. COUNCIL -PRESIDENT ALLEN MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, THAT AN EXECUTIVE SESSION BE HELD AT 6:45 P.M., NOVEMBER 3, 1981, TO DISCUSS LABOR NEGOTIA- TIONS. MOTION CARRIED. Council President Allen announced that the laying of the library cornerstone would.be November 7, and she asked that a tarp.be.provided in case it rains. Council President'Allen had..received a complaint regarding Liberty -Cable -TV, and she noted'Ahat the City had not`set*up any accountability.procedure although Liberty is accountable to the.City. COUNCILMEMBER ALLEN MOVED, SECONDED BY COUNCILMEMBER GOULD,.THAT AN ITEM BE PLACED ON THE DECEMBER 11 1981 AGENDA TO DISCUSS THE,LIBERTY CABLE TV SITUATION. She said she would like to hear from them,to .find out why these problems are occurring. Councilmember Gould said a letter should,be sent to Ted Lovett citing some of the particulars. MOTION CARRIED. Councilmember Gould noted.that he had requested that the City Attorney bring the Council up-to-date on the, -Mountlake Terrace Sewer.Agreement, and he was prepared,to do so. Mr. Tanaka said they had calculated that.Mountlake.Terrace owes Edmonds $34,000 largely because Edmonds over the last several years has not been billing Ahem for a proportionate.share.-of..the•data processingcosts.° Their - position is that'Edmonds owes them_$119,000, and consequently. they are withholding:payment. The contract provides for arbitration and an aribitrator's decision would be binding.- 'He thought that was the only way this was, -going to be resolved. He approximated that an'arbi'trator would cost $400- $500 and that attorneys' fees.would be $2,000 at the outside. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO.AUTHORIZE ARBITRATION— MOTION CARRIED. • Council President Allen referred to a letter from Ginny Burger, an Edmonds biology teacher, requesten permission to paint signs on the curbs adjacent to the storm drains between 7th and 9th Aves. q- and 9 33 81 - continued October 20, 19 • between'Caspers and Main St. which will state "Stream Outfall - Dump No Waste." A stencil will be used and paint recommended by the City. -.and a grant from .the ,DOE7and;•the EPA° wi l 1' pay -."for _:the_ stenci 1 and paint. She proposed doing. -this in.connection with a study she was doing on salmon spawning problems as.they relate to Shell.Creek. COUNCILMEMBER-ALLEN MOVED, SECONDED BY COUNCILMEMBER NAUGHTEN, TO APPROVE THE REQUEST. MOTION CARRIED, WITH COUNCILMEMBER KASPER ABSTAINING BECAUSE IT IS IN FRONT OF HIS HOUSE. There was no further business to.come before the Council., and.the meeting adjourned at 10:30 p.m. IRENE VARNEY MORAN, C y Clerk HARVE H. HARRISON, Mayor 1 October 27,. 1981 - Work Meeting 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 STAFF PRESENT Harve Harrison, Mayor Jack Mitchell, Public Works Superintendent Katherine Allen Jim Adams, City Engineer Mary Goetz Irene Varney Moran, City Clerk Bill Kasper Mary Lou Block, Planning Director Ray Gould Jim Jessel, Parks & Recreation Director Larry Naughten Art Housler, Finance Director Jo -Anne Jaech Marlo Foster Police Chief John Nordquist Jack Weinz, Fire Chief Marc G1uth, Student Rep. Felix deMello, Building & Grounds Foreman Wayne Tanaka, City Attorney Mark Eames, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA Items (C) and (E) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE THE BALANCE,OF THE CONSENT AGENDA. MOTION CARRIED. The approved items included the following: (A) Roll call. (B) Approval of Minutes of October 20, 1981. (D) Authorization to sell surplus equipment and vehicles. ACKNOWLEDGMENT'OF RECEIPT -OF CLAIM :FOR .DAMAGES FROM DONALD LEE REHFELDT 1_It_e_m_CC7 on Consent Agenda Student Representative Marc Gluth asked why the repair of a rusty inner panel was included in a • claim resulting from a police car.runn.ing into the claimant's car. City Attorney Wayne Tanaka stated -that ' the insurance company will determine what is a valid claim, and that the Council only acknowledgesreceipt of the claim. Councilmember Gould said the Council hoped that the insurance carrier would -note that item. ..COUNCILMEMBER ALLEN MOVED,. SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (C)"ON THE CONSENT AGENDA, ACKNOWLEDGING RECEIPT OF THE CLAIM.: MOTION CARRIED. AUTHORIZATION`TO ADVERTISE FOR PURCHASE OF A T.V. AND SEAL TRUCK -MOUNTED UNIT AND HIGH PRESSURE CLEANING UNIT. [Item (E) on Consent Agenda] Councilmember Gould asked the purpose of the equipment.. Public Works Superintendent Jack Mitchell responded that this is the scan.monitoring unit and it will look down a sewer line to see what the problem is. He was asked if this equipment could be shared, and he responded that it would-be difficult because it has to be used everyday.. COUNCI.LMEMBER.GOULD MOVED; SECONDED BY COUNCILMEMBER GOETZ, TO APPROVE ITEM (E) ON THE.CONSENT AGENDA. MOTION CARRIED. MAYOR Mayor -Harrison advised that there.is an opening on the MEBT committee, the position vacated by Mike Springer, and.he was appointing Jim Adams to that vacated position. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO CONFIRM..THE MAYOR'S AP..POINTMENT OF JIM,ADAMS TO THE POSITION ON THE MEBT COMMITTEE,VACATED�BY MIKE'SPRINGER.. MOTION.CARRIED. COUNCIL PRESIDENT ALLEN.MOVED,.,SECONDED BY COUNCILMEMBER.KASPER, TO MOVE THE AGENDA ITEM OF THE BID OFFER TO PURCHASE LID 206 AND.207 BONDS TO THE NEXT PLACE,ON.THE AGENDA BECAUSE A GUEST WAS PRESENT TO SPEAK AND.HE HAD TO LEAVE SOON. MOTION CARRIED.