19821026 City Council MinutesOctober 19, 1982 - continued
area is ready to use it the Edmonds need v.ill be met there and Edmonds will use its capacity of that
plant. It was noted that there are escalations in the contract to cover maintenance and operation
and it is automatically shared in proportion to use every year. THE MOTION CARRIED.
COUNCIL
Councilmember Gould stated that a member of the public had asked to attend the interviews of candidates
for board appointments, and.he asked the Council to consider that issue. City Attorney ;X;ayne Tanaka
stated that when the Council is interviewing candidates that is private, and he would want to examine
this question more closely before a decision is made.
Council President {Casper asked that the November 1 agenda be closed, after Councilmember Gould noted
an item that had been omitted.
Councilmember Hall commended
Mark Harden of The
Herald for an article he wrote on the issue of full-
time/part-time Mayor for`'the
City of Edmonds.
Councilmember Hall warned of
a "cat burglar"
in Edmonds, raving been a victim last weekend.
Councilmember Naughter, asked
about; a new frcie
rFvi s i or, having to do with th 1 e�vi rig children i 1 eiret; i n cars
unattended. Police Chief Foster said that was
simply.adoption of a State statute and was intended
to deter people from ieaving
children in cars
while patronizing a tavern or bar.
Attention was called to a letter irons Firs. Gunnard Swanson who objected to charges of' approximately
$2 ,440 to correct some drainage probl ei.,s . C i ty Eny-i neer J i fn Adams briefly explained her probl en-1.
No determination was made as to Council action.
Councilr„e,ber• Nordauist noted that the cemetery rules and rEgulations will be discussed or October
26, 1962, and asked for a report on the books and correct ownerships of lots. He was concerned
about the City's liability if it sold the wrong lots.
Councilmember Nordquist asked about the status of th,E annexation of the corner of 212th and Highway
99. City Engineer Jim Adams responae�l that it was heard by the Bou��uary Raview Board the previous
evening, so it should be final in approximately C0 days.
Counci lirember NorU U. St again asked about the �ft report on the Highway ;19 Study. Mr. AdG;i;s Said
there has been a problem in the data received from John LaTourelle as some of it was not accurate.
It has been clarified and the report should be ready in approximately two weeks.
Council President Kasper reaG an item from the Seattle Times, a letter to 'the editor from Rosalyn
Sumners chastising them for saying she is from Kirkland when she is from Edmonds and informing them
of the strong support Edmonds has given her and that she always wants to be known as being from
Edmonds.
Council President Kasper advised the Council that they will be receiving a letter regarding a boards
and Commissions party on December 10.
Council President Kasper noted that a letter had been.received from the Youth Club of Edmonds -
Lynnwood asking to be subsidized in the amount of $2,600 and asking to be heard. He had requested a
financial statement from them. COUNCILMENiBER KASPER MOVED, SECONDED BY COUNCIL!1EM5ER 140RDQUI.ST, TO
PLACE THIS ITEM ON 'THE NOVEMBER 15, 1982 AGENOA. MOTION CAR-RIED.
Council President Kasper asked the Council to read the article about budgets in the City News
publication. °
There was no further business to come before the Council, and the meeting ad4ourned at 10:50 p.m.
IRENE VARNEY MORAN, City Clerk HARVE H. HARRISON, Mayor
October 26, 1962 - Work Meeting
The regular meeting of the E-Gironds 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 "RESENT
Harve Harrison, Mayor
Jim Adams, City Engineer
Larry Naughten
Irene Varney Moran, City Clerk
Ray Gould
teary Lou Block, Planning Director
Kati.eri ne Allen
. Bobby Mills, Street Division Supervisor
Bill Kasper
Art Housler, Finance Director
John Nordqui st
Jeff Ri s tau, Accountant
Jo -Anne Jaech
Marlo Foster, Police Chief
Laura Hall
Jack Weinz, Fire Chief
Tambi - Shaw, Student Rep'.
Pat LeH3y, Personnel Director
Steve Simpson, Parks & Recreation Director
Jim Jessel, Property Manager'
•
Wayne Tanaka Cit� Attorney
Eames, 6ity Attorney
Nark
ackie Parrett, Deputy City Clerk
42
October 26, 1982 - continued •
Councilmember Allen advised the Clerk that she had been absent last week because of illness.
CONSENT AGENDA
COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER ALLEN, TO APPROVE THE CONSENT AGENDA.
MOTION CARRIED. The approved items on the Consent Agenda included the following:
(A) Roll call.
(B). Approval,of Minutes.of_October 19, 1982.
(C) Set date of November 16, 1982 for hearing on Appeals from Decision of ADB-58-82 and
Decision of Hearing Examiner on CU-38-82 regarding Parking Lot Plan at'22828 100th Ave. W.
(Olson's) (Appellant - Drewniany)
(D) Adoption of Ordinance 2324, establishing 3-hour parking from 8:00 a.m. to 6:00 p.m. on
Bell and Edmonds Sts. from Sunset Ave. to 3rd Ave., and on 2nd and 3rd Aves. from the
Central Business District to Edmonds St.
DISCUSSION ON PROPOSED ORDINANCE GRANTING FRANCHISE TO WASHINGTON NATURAL GAS CO.
City Attorney Wayne Tanaka reported that a meeting was held with the WNG representatives to work out
some of the remaining issues in the proposed ordinance. He.said they had resolved all but two, one
related to the franchise and one to some monies owed. With respect to the franchise, the difference
is over the indemnity portion of the franchise which sets up to what extent WNG will hold the City
harmless for any property damage or injury that occurs. The City had put forward a proposal requiring
WNG to stand in the place of the City for all injuries attributable in whole or in part to WNG's
negligence, regardless of how much the City was at fault. WNG did not feel that was fair and
proposed an indemnity that basically they would agree to indemnify the City only if the City were
less at fault than WNG. The old franchise was ambiguous in this regard, but Mr. Tanaka said that in
his opinion he was.asking no.more of WNG than currently required, but he said WNG does not agree.
Mr. Tanaka's argument was that it is the gas which is going to cause the big 'damage. Regarding the
other -issue, it had been determined that WNG has not made any payments for their permits which they
have acquired over the last 20 years, even though the franchise required them to pay the costs of
inspection and supervision of their work when they work in the streets. The City Attorney's office
had gone back for the last three years and calculated approximately $5,000 during that time (as far
back as the records go), and to extrapolate for the last six years they estimate $8,025, just charging
the fee amounts which are $30 now and were $15 for a number of years. The City Attorney proposed
that WNG imburse the*City in the amount of $8,000 since they cannot go back more than six years
(statute of limitations) and actual cost of supervision of that work greatly exceeds the $30 and $15
Permits. WNG is reviewing that and had not yet responded.
Rodger Anderson, Community Relations -Representative for WNG,.requested that the City not ask to be
held harmless against its own actions, and he thought that to be a fair request. He said they have
a 25-year record as a friend of the City and he did not think the proposal set forth by the City
Attorney was fair. He requested an insertion in Section 8 of the proposal to state ". . . provided
that this paragraph shall apply if it is determined that the grantor is more at fault than the
grantee."
Tim Hogan, attorney for WNG, said the provision does provide that WNG may be asked to go in and
defend the City. He said only in the case where it is determined by the courts that the City is
more responsible for the incident would the City then be asked to pay its fair share of the damage
which resulted from the incident. Councilmember Hall said she understood by the contract that the
City will be provided yearly updates of the maps of service lines, and she asked if the maps the
City has received are adequate.. Fire Chief Jack Weinz responded that the Assistant Fire Chief had
indicated to him that they are.
Councilmember Jaech noted that she, personally, had a dispute with WNG and she wondered if it was a
conflict of interest for her to participate in this issue as a Councilmember. She believed the
dispute had been settled. Mr. Hogan said that from their.perspective they had no problem with her
sitting and deciding this matter.
Mr. Tanaka noted that the terms of the old contract continue to apply since WNG is in the City's
streets. For clarification, he stated that an indemnity is an agreement by one party to pay for
another party's neglect,.and that you always have to pay for.your own neglect unless somebody.else
agrees to pay it for you. Therefore, the question was under what conditions would that other person
be obligated to pay for your neglect, and he said if there is going to be any indemnity in the
contract that will mean that under some circumstances WNG would pay for the City to some extent, and
that was what they were talking about. He said the language he proposed requires that WNG pay the
whole thing if they are at fault at all, and WNG's proposal was that they will only do it if they
are more at fault than the City. In his opinion, under the old contract WNG was responsible for
paying 100% of the cost regardless of the fault, and he said the old contract made no provision for
percentages of fault. Councilmember Gould observed that in the case of determining fault it is
going to be hard to determine whose.fault occurred first.
Mr. Hogan noted that under the language proposed in the indemnity provision the City will not incur
court costs. He said what the Council has to look at is the situation where determination has been
made that the City was 90% at fault and.WNG 10%, whether WNG is,required to pay the entire 100% or
should both parties bear their own share. Mr. Hogan said when both parties are equally at fault
they offer to bear all the fault. and when a determination is made that the City is more at fault
than WNG then WNG should not act as an insurance company and the City.is responsible for its part.
Mayor Harrison observed that these'things can end up in court with the City picking up the legal
fees, and Mr. Tanaka agreed and discussed some of the'possibilities. He said the indemnity provision
7
0
1
1
0
43
• October 26, 1982 - continued
that he was proposing occurs most often in construction contracts.
Mr. Hogan noted, .-iith regard to the fees, that the reason they had never been paid was that no one
ever asked WNG to pay for the permits. He said they were still being given information about the
magnitude of those fees and the basis for them and they are doing some background work to determine
what was going on over the years regarding the permits.
Y
Mr. Tanaka said if a City assumes a risk there is going to be a cost for that --in premiums and in
litigation, and it is up to the Council to weigh whether the City is willing to take that cost
because it feels it is.the fair thing to do. He said.it is not unheard of, however, to take the
other position, but it puts a significant.burden on the gas company, which undoubtedly will be
passed on to consumers. COUNCILMEMBER ALLEN MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER NAUGHTEN,
THAT THE PHILOSOPHY OF THE PROPOSAL BE ACCEPTED AND THAT THE LAWYERS FOR THE CITY AND FOR THE GAS
COMPANY WORK OUT THE FINAL WORDING WITH THE PHILOSOPHY BEING THAT THE GRANTOR (.THE CITY) SHALL CARRY
ITS SHARE OF THE BURDEN IF IT IS MORE AT FAULT THAN. THE GAS COMPANY. Mr. Tanaka clarified that this
meant regardless of the number of parties involved. Mayor Harrison was concerned that every little
incident will end up in a court battle that will be all -consuming. Councilmember Gould said he did
not want to drive up the uti l i-ty rates. Counc i lm{en-riber Jaech said the rates have to he approved by
the Utilities Conmission, so sae did not think t1e ciItizees would beimpacted. A POLL CAT_? VOTE WAS
TAKEN ON THE MOTION, WITH COUNCILMEMBERS ALLEN, NAUGHTEN, KASPER, GOULD, AND NORDQUIST VOTING YES,
AND WITH COUNCILMEMBERS JAECH AND HALL VOTIIIG i10. moTION CARRIED. Councilmember Jaech said she had
voted against the motion on advice of the City's counsel, noting that both of the City's attorneys
felt it was important to have language to protect the City.
DISCUSSION ON EDMONDS CHRISTMAS HJUSE REQ VEST
• Councilmember Nordquist started the discussion with a imotion. COUNCILMEMBER NORDQUIST MOVED,
SECONDED BY COUNCILMEMBER ALLEd, THAT BASED 0,1 THE INFORMATION RECEIVED LAST WEEK AND BECAUSE THIS
INVOLVES A PIECE OF CITY PROPERTY AND THE ENNAiiCE1111617 AND BEAUTIFICATION THEREOF, TO EXTEND $1 ,000
TO THIS PARTICULAR PROJEC"r FOR. THIS YEAR ONLY, FUNDS TO COME FROM THE BUILDINGS AND GROUNDS FUND.
City Attorney Wayne Tanaka said the money spent will have to go to either property that belongs to
the City or improvements to City property. Councilmember Naughten noted that the request had only
been for $800, but Councilmember Nordquist said he had heard they actually needed more, and he was
confident that if all of the $1,000 was not used it would be turned back to the City. Councilmember
Naughten did not agree with that, procedure and, therefore, COUNCILMEMBER NAUGHTEN MOVED '10 AMEND THE
MOTION, SECONDED`by COUNCILMEMBER GOULD, TO AUTHORIZE $R00, WHICH WAS THE REQUEST, AND NO MORE.
Councilmember Gould said if more money -is required they can come back and ask for more. Paula
Johnson, 125 5th Ave. N., who'had made the request, said when she requested the $800 she had talked
to the Mayor and had given him a list of things they needed over and above the request. She said
$900 would probably put it together for this year. She said they had received a lot of public
response and they are sending a letter to ask the rerchants for funds. They already have a lot of
merchant participation with donated articles. She said each year they would like to add to the
project with public support. Councilmember Naughten stated that the City has always cooperated with
the merchants, but it has never.taken over an entire project. Ms. Johnson noted that tile merchants'
money will be -used to decorate the hanging flower boxes.into Christmas boxes. A ROLL CALL VOTE WAS
TAKEN ON THE MOTION TO AMEND, WITH COUNCILMEMBERS NAUGHTEN,.GOULD, KASPER, JAECH, AND HALL VOTING
YES, AND WITH COUNCILMEMBERS NORDQUIST AND ALLEN VOTING NO. MOTION TO AMEND CARRIED. THE MAIN
MOTION, AS AMENDED, THEN CARRiFI).
REVIEW OF CEMETERY RULES AND REGULATIONS
Jimmy Riecken, Chairman of the Cemetery Board, briefed the Council on the activities of the Cemetery
Board to -date, and said they recom���enued approval of the rules and regulations developed. He noted
•
that the Board is applying to the Hubbard Estate for funds to purchase a mower and fencing, and that
it has not used anv of the money made available by the City. When the funds are received for the
mower and the fencing they intend to start their irrigation, landscaping, and upgrading projects.
l.vnn Nordby, Administrator of the City of Enumclaw, discussed the success of Enumclaw's municinal
cemetery. He said it had,been run by the City for approximately 7U years, brit about 10 years ago
the City decried to take the management of it more seriously and to run it in a businesslike manner.
Their resale items for the cemetery raise ape rox-ima.tely $40,000 per year for ru-nning it. As of 5
years ago it repaid a grant from their Contingency Fund, and it is now to the point of paving for
even its own data processing and billing. They are proud of it and now have a full-time manager.
Their internment rate is approximately 125 per year, including cremations., and there is an endovifmcnt
care fund.
Property Manager Jim Jessel discussed the fee comparisons of local municipal cemeteries. He had
previously provided the figures to the Council. Numerous questions were asked. Markers were
discussed, and Mr. Jessel said the Board feels above -the -,round markers are a historical element and
they are striving for a historical cemetery, so they will be allowed even though they make the
cemetery more expensive to maintain. COUNCILMEMBER NAUGHTEN MOVED, SECONDED BY COUNCILMCNPER
KASPER, TO APPROVE THE RULES'AND REGULATIONS FOR THE EDMONDS CEMETERY, WITH THE UNDERSTANDING THAT
SECTION 7.32 WILL RE CLARIFIED BY THE CITY ATTORNEY P.EGARDING.INSTRUCTIONS iN NT LLS DULY ADMITTED TO
PROBATE. MOTION CARRIED. Councilmember Naughten thanked the Cemetery Board, most of whorm were
present, and he suggested some articles in the newspapers regarding historical incidents that may be
discovered as they work with the cemetery and identify graves.
Mr. Jessel discussed a security fence, saying they would like to.have a 6' high perimeter fence cn
the south side to meet 'Fie other fence and have a gate that will lock at 10:00 p.m. He said a trash
container will be placed there to -heir, in the control of litter. !e'noted that a fence is needed on
the north side as v:ell.
At this time Mayor Harrison advised that an Executive Session would he held this evening on Police
•
negotiations, and that Cabot Dow and Doug Albright were expected at approximately 9:30 p.m., so the
44
October 26, 1982 - continued •
Council should plan to recess upon their arrival He then declared a short recess. During the
recess the negotiators arrived, and Council President Kasper announced at 9:40 p.m. that the Council
was recessing to Executive Session. At 10:40 p.m. City Attorney Wayne Tanaka advised the Staff that
the Mayor had dismissed them inasmuch as the Executive Session was still in session and it was
unknown how much longer it would be.
a
IRENE VARNEY MORAN, y Clerk HARVE H.-HARRISON, Mayor
,November 1, 1982
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 Jim Adams, City Engineer
Jo -Anne Jaech Irene Varney Moran, City Clerk
Ray Gould Mary Lou Block, Planning Director
Sill Kasper Marlo Foster, Police Chief .
Katherine Allen Jack Weinz, Fire Chief
Larry Naughten Wayne Tanaka City Attorney
John Nordquist Mark Eames, City Attorney
Laura Hall Jackie Parrett, Deputy City Clerk
Tambi Shaw, Student Representative
CONSENT AGENDA
Items (E), (F), (G), (H), and (J) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST
HOVED, SECONDED BY COUNCILMEMBER HALL, 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 26, 1982.
F.
(C) Acknowledgment of receipt of Claim for Damages from Mrs. Richard C. Hoy in the amount of
$2,807.64.
(D) Acceptance of'Quit Claim Deed from the estate of Gladys P. Burton.
(I) Passage of Resolutions 535 and 536, setting dates for hearings on proposed street vacations
(Caspers St. between 2nd Ave. N. and Burlington Northern Railroad right -of -way --hearing
date December 7, 1982; and Olympic View Dr. between Euclid Ave. and vacated Lake Ave. --
hearing date November 16, 1982, respectively).
REPORT ON BIDS.OPENED OCTOBER 279 1982 FOR LIGHT SHIELDS AT PLAYFIELD
Item E on Consent Agenda
•
Councilmember Gould asked the source of the money to be used for this, and City Engineer Jim Adams
responded that it is the In -Lieu Park Fund. Councilmember Jaech asked the difference in cost of
anodized aluminum (Alternate Bid) as opposed to regular aluminum (Base Bid), as the Parks and
Recreation Department.had selected the alternate bid item. She was told by Councilmember Gould that
the anodized aluminum will not corrode so that money was well spent. COUNCILMEMBER GOULD MOVED,
SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (E) ON THE CONSENT AGENDA, AWARDING THE BI.D TO
OKERBERG PRODUCTS.IN THE AMOUNT OF $4,778.01, PLUS SALES TAX, FUNDS TO COME FROM THE IN -LIEU PARK
FUND. MOTION CARRIED.
REPORT ON BIDS OPENED OCTOBER 28, 1982 FOR'1982 STREET RESTORATION PROGRAM
Item F on'Consent Agenda
Councilmember Gould asked what the engineer's estimate had.been on this project, and City Engineer
Jim Adams responded that the original was $15,000-$20,000 and the low bi.d was $19,160 with no sales
tax. COUNCILMEMBER GOULD MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (F). ON THE CONSENT
AGENDA., AWARDING THE BID TO THE LOW BIDDER, ASSOCIATED SAND AND.GRAVEL IN THE AMOUNT.OF $19,160.
MOTION CARRIED.
AUTHORIZATION FOR MAYOR TO SIGN:ENGINEERING CONSULTANT AGREEMENT.FOR.MEADOWDALE SEWER PROJECT
Item G on' Consent Agenda
Councilmember Gould referred to paragraph C.3. of the agreement entitled ;'Compensation" and asked if
the $.5,000 figure in that paragraph.was a grand total or if that was for each of the items. City
Engineer Jim Adams responded that Cfty�Atto.rney Wayne Tanaka had some.comments on several items in
the agreement, this'being one of them, and that he would be recommending some revisions. Mr. Adams
recommended that this be placed on the November 9, 1982 agenda by which time the City Attorney's
input will have been received and a revised agreement will be submitted to the Council. COUNCIL -
MEMBER JAECH.MOVED, SECONDED BY COUNCILMEMBER GOULD, TO PLACE THIS ITEM ON NEXT WEEK'S AGENDA.
MOTION CARRIED. •