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19840807 City Council MinutesAugust 7, 1984 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro Tem Jo -Anne Jaech in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Jo -Anne Jaech, Mayor Pro Tem Larry Naughten, Mayor Jim Adams, City Engineer Steve Dwyer Mary Lou Block, Planning Director Laura Hall Art Housler, Finance Director Bill Kasper Jim Jessel, Property Manager John Nordquist Pat LeMay, Personnel Director Lloyd Ostrom Bobby Mills, Actg. Pub. Wks. Supv. Jack Wilson Jackie Parrett, City Clerk Steve Dahl, Student Rep. Dan Prinz, Police Chief Steve Simpson, Parks & Rec. Dir. ,Jack Weinz, Fire Chief Scott Snyder, City Attorney Shirlie Witzel, Recorder Mayor Pro Tem Jaech asked those wishing to speak concerning agenda items to sign up on the sheet provided by the door. She announced there would be a short executive session following the regular meeting. CONSENT AGENDA Items (B) and (G) were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: n August 7, 1984 - cpnti.nued (A) Roll call.. 0 (C) Adoption of Ordinance.2448 relating.to posting of ordinances. (D) Adoption of Ordinances 2449, 2450, and 2451 authorizing bank financing for property and computer purchases. (E) Passage of Resolution of.Intention 264 changing hearing date on LID to fund a water loop in area of Edmonds Waterfront to November 5, 1984. (F) Passage of.Resolution 594.setting date of September 4, 1984, for public hearing on _proposed vacation of right-of-way along 12th Ave. N. (ST-1-84). (H) Set date of August.-21, 1984 for hearing on,Planning Board recommendation regarding new regulations for home daycare operations. (I) Authorization for Mayor to sign contract with Morse Stafford Partnership to. provide architectural services and interlocal agreement with Snohomish County for the 1984 Senior Center Block Grant Project. (J) Approval of 1984 Snohomish County jail contract. (K) Acceptance of Quit Claim Deed from Darrell Carpenter. (L) Report on.bids opened July 26, 1984 and authorization to award portable generator contract to Fremont.Electric Co..in.amount of $19,044.35. (M) Report on bids opened August 1, 1984 and authorization to award contract for waterproofing of Senior Center to Cascade Masonry i.n amount of $19,049. APPROVAL OF MINUTES OF JULY 24, 1984 AND JULY 31,.1984 [Item (B) on Consent Agenda] Councilmember Kasper asked that the July 24, 1984 minutes, page 4, first paragraph, second line following the words '.'proceed with.the project._" be amended to include "Only if Edmonds matched Lynnwood, would Lynnwood put up money for the. project.". Also, paragraph 11, page 4, second line, following the words "which are needed",include "not reduce the use of fields that exist." COUNCIL - MEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE MINUTES OF JULY 24, AS AMENDED, AND JULY 31 , .1984. . Councilmember Jaech questioned the source of funding for the D-DAT Task Force minutes that was approved on July 24 (page 6 of..the m.inutes). Finance Director Art Housler suggested the funds could come from the Council's Professional Services line item. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO AMEND THE MOTION TO INDICATE FUNDS FOR THE,D-DAT TASK FORCE MINUTES BE TAKEN FROM DEPARTMENT 110 PROFESSIONAL SERVICES SECTION. AMENDMENT CARRIED WITH COUNCILMEMBER JAECH VOTING NO SINCE.SHE HAD VOTED AGAINST THE FIRST MOTION ON.JULY 24.. MAIN MOTION, AS AMENDED, CARRIED. PROPOSED RESOLUTION 595 ADOPTING OPTION TO DEFER INCOME TAX ON EMPLOYEE CONTRIBUTIONS Item G on Consent Agenda Councilmember Kasper was opposed to voting on this item because the City is dealing with Unions on benefits to employees and this is a benefit to the employees and should be held in abeyance until such time as there is an opportunity to negotiate with the Union. Councilmember Jaech said the item involves no cost to the City. Councilmember Hall said these are "cafeteria plan" benefits available in the private sector, that there is.no cost to the city, but there is a morale factor. Council - member Kasper said there were many morale factors in negotiations and he believes this should be a negotiated item. Councilmember Ostrom indicated the Council should approve the item; first, it does not cost the City anything and, second, it is the type of thing that is being approved in any type of business. City Attorney Scott Snyder, in reply to Councilmember Kasper's question, said the item had been discussed briefly at a prior Council meeting during which City Attorney John Wallace had expressed concern that this should bea negotiated item. Mr. Snyder said there were two legislative actions that Mr. Wallace had thought might be tied together. The item now before the Council, which gives an option to the city to defer income tax on employee.contributions to the state retirement systems and is without cost to the City. The other was substitute House Bill 843, which passed along to the City the incremental.costs of balloon payments on a person's retirement. House Bill 843 will be discussed during Executive Session next week. After review, Mr. Wallace had decided the two measures were not balanced and should not be linked. COUNCILMEMBER KASPER MOVED THAT THE ITEM BE MOVED TO EXECUTIVE SESSION ON AUGUST 14 FOR DISCUSSION. Councilmember Ostrom reiterated that passage of the resolution makes an option available to employ- ees that seems to be their right, not something that should be debated. Since there was no second, COUNCILMEMBER KASPER WITHDREW THE MOTION. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, THAT RESOLUTION 595 BE PASSED. MOTION CARRIED. AUDIENCE Gordon Rosier, 16105 N. Meadowdale Rd., asked the Council to publicly recognize Jerry Hauth of the Engineering Department for the job he had done during construction of the sewer project at Meadow - dale. Mr. Hauth handled complaints, resolving them to everyone's satisfaction, and was always polite and courteous. Mr. Rosier said he had done an outstanding job.for the residents of Meadowdale. 1 1 1 s 1 1 August 7, 1984 - continued 44.11 Mr. Rosier asked who the Council had in mind to pay for the undergrounding of utilities at the Meadowdale pump station, since it it will cost ten times more than was originally intended. He believes it is irregular to ask the residents of Meadowdale to pay for this before contacting them. Councilmember Kasper noted that Mr. Adams had stated the cost could be added to the LID and advised Mr. Rosier the question would.be researched and an answer furnished him. Mr. Rosier said none of the residents were anxious to pay any additional costs. Then Mr. Rosier asked what progress was being made in.determining the heavy metals content in Browns Bay. He had talked with.the County and Lynnwood, learning that nothing.was being done. He asked if the Edmonds Council might join with Lynnwood, Mountlake Terrace, Alderwood Manor and Snohomish County to determine if there is a heavy metal content problem. He said the clams show 300-500% .greater lead and arsenic levels than they should have. He also asked if a public forum, either through a hearing or mailing, could.be held to inform,.the public about pollution and how they may be contributing to the problem.. Councilmember Ostrom replied that a report from the County several months ago indicated they would be conducting a study which would examine this problem and the Council had been waiting for the final results of that.study. Mr. Rosier said a study is being conducted but the heavy metal. content is not included. Councilmember Kasper said if Mr. Rosier does not receive an answer from the Council he -will take it to.the Health Board meeting in September. Councilmember Hall indicated that the problem maybe larger than any one entity could handle and suggested that a Metro may be necessary. She indicated that Edmonds may be the impetus to start the process. She also indicated that Mr. Hauth had been recognized by the Council..and thanked Mr. Rosier for bringing the matter up and concurring with the Council. Councilmember Kasper asked that the staff contact Lynnwood and determine what studies have been made of the treatment plant outfall. C1 1 1 Mr. Rosier then asked when the appropriate time would occur to challenge a member of the Council regarding Item 4 on the agenda. Mr. Snyder replied that a challenge should be made at the earliest possible opportunity. Councilmember Dwyer pointed out there is an intervening item on the agenda and any challenges should be made at the time of the agenda item. Karl Niggol, 809 Walnut St., said sidewalks on 9th St. are overgrown with blackberry vines and bushes making it necessary to walk in the street. He asked if the Council could direct property owners to clean-up these obstructions. Mr. Snyder said the Council does have that right, if the city -right-of-way is involved, and suggested Mr. Niggol speak with Acting Public Works Supervisor Bobby Mills regarding the problem. PRESENTATION ON COUNTY HUD COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM Planning Director Mary Lou Block introduced the HUD Block Grant Program contact from Snohomish County, Marc Krandel. Mr. Krandel described the Block Grant Program, which benefits low and moderate income people. He said the income levels in Edmonds have precluded any benefits from many of the programs included in the Block Grant Program; however, there have been.benefits to Edmonds over the years. He noted that the next three year,cycle is beginning and applications will be accepted prior to October l of this year. Acceptance of applications and allocation of moneys is determined by.an Advisory Board and the County Council. Mr. Krandel then presented a slide show of the Block Grant Program in Snohomish County. HEARING ON APPEAL OF ADB DENIAL OF TRANSMISSION LINE PROJECT ALONG WALNUT ST. BETWEEN 3RD AVE. S. AND 96TH AVE. W. (APPEALLANT: SNOHOMISH COUNTY PUD) As a result of conversations with the City Attorney, Mayor Pro Tem Jaech advised the PUD that she lives on Walnut St. and asked if the PUD objected to her sitting on the Council during the hearing. Stephen Lamphear, Snohomish County PUD Legal Department, indicated that the PUD had hoped there would not be a hearing this evening in view of the ruling to be made by the Hearing Examiner. Mayor Pro Tem Jaech stated that.the Council had attempted to delay the hearing until, after the Hearing Examiner's decision;.however, there were time frames requiring that the appeal be held before that decision would be available. Mr. Snyder said the Council has the option of taking testimony of those persons present and continuing the hearing; and .taking testimony, closing the hearing, and continuing for a decision until the other item has been decided. Mr. Lamphear said, as the appellant, the PUD would request a continuation of the hearing. Issues raised at the variance hearing before the Hearing. Examiner would be important to the matter before the Council and, Mr. Lamphear said, it would behoove the Council to wait for that decision since this proceeding might become moot. Mr. Lamphear said the PUD would object to .Mayor Pro Tem Jaech's presence during the hearing. In response to a question from Councilmember Kasper, Mr. Lamphear said they have no objection to public.testimony this evening and continuation to another date for a full hearing, if necessary. Councilmember Dwyer asked if the Council had the option of discussing the objection. Mr..Snyder said the Council may discuss it but not the hearing on its merits. He added this was not a technical conflict of interest under City ordinances or state statute which provide specific exception for a person in a.hear.ing when.they live in the neighborhood or where the real property affected is their home or principal residence. The issue raised.is the Appearance of Fair- ness Doctrine, not whether .there is an actual conflict but whether it appears that there may be a conflict. Councilmember Hall said there is a fine line, if this is applicable to citizens city- wide. If individual actions.lead_to actions which involve all citizens, she said they must be careful from a legal standpoint. Mr. Snyder said the Appearance of Fairness Doctrine is probably the least understood from a legal standpoint. It rarely arises except in cases where a decision is being.overturned and it is very difficult to predict in advance how a court would decide. Council- member'Dwyer said.the test for the Appearance of Fairness Doctrine is whether a disinterested person sitting in the audience would believe that the hearing was tainted by the participation of any one member or members. In a memorandum received from:the PUD, the PUD has stated that if the Council c'liooses to require that this project be placed underground they will impose an LID on the entire City in the amount of $3 mill.ion or $100 for everyone living in the City, including Council members. Therefore every member of the Council has an Appearance of Fairness problem in voting on an issue 0 444 August 7, 1984 - continued that would potentially cost them $100. Councilmember Kasper disagreed, since Council members have been asked to vote on matters in the past that would tax them directly. He said at this point the Council does not know if the LID would be city-wide or just for the street. Mr. Snyder said there were exceptions made for those'si.tutations'in which.all,members of a'..hearing panel would be dis- qualified, allowing them to'continue. However, he said the Council should limit themselves to consideration of the ADB requirements, the space frames and structures which hold above ground utilities and the requirement they have a neat and uncluttered appearance, and that the poles have conductors in vertical alignment; which are narrow issues having a specific impact only on those persons owning property that are.in line of sight. Councilmember Dwyer asked the PUD to be more specific as to the grounds of their objection. Mr. Lamphear said the PUD was not coming forward to challenge Councilmember Jaech, they had been asked whether they wanted to challenge her. He said they responded affirmatively based on the fact that Councilmember Jaech lives on the street that is affected and there have been prior.comments that would indicate there may be an Appearance of Fairness problem. He said, if the actual hearing were to be held later and there were just the taking of public testimony this evening, they would have no objection to the whole Council hearing the citizen comment. Mr. Snyder said the Doctrine applies across the board and would include any participation this evening. If the Doctrine is raised, her presence would present a problem. The legally safe thing to do in the situation would be for Mayor Pro Tem Jaech to step down; however, that decision belongs to the person challenged. Mayor Pro Tem Jaech asked the Council to vote on the question. Councilmember Hall indicated the decision rested with the Chair. Mayor Pro Tem Jaech refused to step down. Councilmember Kasper asked if she would be willing to step down from the Chair since there is a difference between listening to testimony and running a meeting. Mayor Pro Tem.Jaech said she would only be reading the list of names of those wishing to speak. Councilmember Ostrom raised a point of order regarding what the Council is to hear and decide upon. In reading the decision of the ADB; the application was denied because the poles and wires exceed the height limit and Mr. Snyder had suggested there were other areas to be considered. Mr. Snyder 40 said the hearing is a de novo appeal which means the Council is required to give no deference to either the'decision or the testimony before the ADB. He said Section 18.05 provides that lines of 115 kV or greater are exempt from undergrounding requirements. They are required to comply with three provisions contained in 18.05.030, which relate to the visual effects. The first provision does not apply, item 2 of Section 18.05.030 relates to poles presenting an uncluttered appearance, and item 3 concerns conductors being in a vertical alignment. Planning Director Mary Lou Block asked for clarification of the Council's wishes. Do they wish to have the item introduced, take testimony from interested parties and then continue the item. Councilmember Hall said she interpreted that to.be the intention since this had been posted as a hearing. The Council agreed. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER.WILSON, TO CON- TINUE THE HEARING TO SEPTEMBER 4 AFTER THE COUNCIL.HAD HEARD PUBLIC TESTIMONY THIS EVENING. Council - member Kasper asked what would happen if the Hearing Examiner decision were appealed. COUNCILMEMBER HALL MOVED TO'CHANGE THE DATE TO SEPTEMBER 18,.AGREEABLE TO SECOND. MOTION CARRIED. Mr. Snyder explained to the audience that the issue before the Hearing Examiner concerned a variance from the height restriction; the issue before the Council is the visual appearance and alignment of the poles. Mr. Lamphear asked which would.take precedence if the Hearing Examiner grants a variance to the PUD, there is no appeal, and the Council decides to uphold the ADB decision. Mr. Snyder said the Council handles this type of issue quite frequently. One is a condition of the grant of the other. If the variance .is granted the poles may be built above the height restrictions, but the Council still has the right to impose conditions on the type of pole used, the alignment; the number of lines, etc. Ms. Block' -said the appeal of the ADB decision to deny the transmission line project along Walnut St. between 3rd ave. S. and.96th Ave. W. was brought by the PUD. The ADB recommended that the PUD study more thoroughly the possibility of undergrounding all of the lines. She described the information • before the Council and displayed transparencies of the project. Councilmember Ostrom asked Ms. Block to define a typical 115 kV overbuild construction. She said it is a configuration used to provide systems with a separation between the various lines with 115 kV as the top series, 12 kV as the second series of wires and a lower line such as telephone or cable. Mr. Lamphear said the decision of the ADB seems to revolve around the 25' height restriction for structures. It did not appear the decision was made based on -configuration of lines and the neat- ness with which the project would be built. The variance before the Hearing Examiner was the 25' height restriction for structures. He said the PUD does not agree that it is subject to a 25' height restr.iction and has made application for a variance out of cooperation with the City of Edmonds to resolve the issue. The PUD had appeared before the. ADB for.the review of aesthetics, design and configuration of the project. He said the staff had told the ADB that the PUD needed to apply for a variance from the height restriction and that was what the matter revolved around. Mr. Lamphear stated that the PUD is a self -regulated municipal organization, the same as the City. He said the PUD is not opposed to undergrounding anywhere in the.County, but does oppose imposition of payment for undergrounding on anyone other than beneficiaries of undergrounded utilities. The PUD pays for the cost of building and maintaining overhead designs which are the most cost effective and reliable for delivery of service to customers. He said they would be happy to underground lines in any area, -provided financing is made available to do•so. At the ADB hearing, the PUD offered to pay the same amount for undergrounding of this one mile of wires as they would have paid for the overhead lines.. Mr. Lamphear said the rebuilding project is to serve the inoperative Edmonds sub- station which serves a number of residences and businesses in the "bowl" of Edmonds. Surrounding substations at Westgate, Five Corners, and Maplewood are now serving the area since it is summer and the demands are lower. However, the. Edmonds substation needs to be energized by this winter to provide.rel-iability of service for the area. He said the PUD notes that they are subject to certain 44 0 August 7, 1984 - continued provisions of the Edmonds Community Development Code which regard utilities. Ordinance 1387 deemed transmission facilities in excess of 55 kV would not be required to be underground. The Edmonds substation is the last one in Snohomish County to be converted from 55 kV to 115 kV and the bene- ficiaries of this conversion are the residences and businesses in -Edmonds. The substation will provide the PUD the ability to serve its customers'more reliably. Conversion of the transmission line on Walnut St. will involve raising the height of the existing poles approximately six feet, he added. Mayor Pro Tem Jaech pointed.out to the PUD representative that the issue of height is not being considered by the Council this evening. Mr. Snyder reiterated that this is a de novo hearing and the Council is not obligated to consider the record, that the issue is fresh before it tonight. Mr. Lamphear asked what issue the Council would like to consider if they are not hearing what was before the ADB. Councilmember Ostrom asked if the Council is considering the height issue as mentioned in the ADB or if they are looking at Chapter 18.05 and asked for clarification. Mr. Snyder reiterated that the issue before the Council is that portion of Chapter 18.05 which applies to the appearance and alignment of poles and wires. The Council will eventually need to make findings; whether the lines involved are greater than 55 kV, whether the lines are cluttered and whether the conductors are in a vertical alignment. Councilmember Dwyer stated that the ADB had suggested the PUD look further at undergrounding the line and asked if it was a proper function of the ADB to consider whether the lines should be undergrounded based on design. Mr. Snyder said the ADB may have made that as a request but had no power to require it, since the ordinance states that wires greater than 55 kV are exempt from undergrounding. Since the issue before the Council is the visual effect of the lines that are to be rebuilt, Mr. • Lamphear said he would call on a PUD engineer to present the design of the proposed project. He added that the PUD does not dispute the City's authority to regulate the PUD as to certain items, such as redesign of the poles which does not conflict with State statute. He said they are not opposed to undergrounding but advised that more than a year would be required to acquire the materials to do so. Something must be done about energizing the Edmonds substation this winter, before any undergrounding is undertaken because of the reliability question. Don Berkey, PUD engineer, showed a picture of the conductors and voltages that are being discussed. He explained that the PUD has been converting from the 55 kV to 115 kV system for better efficiency and reliability. The proposal is to replace the existing three wires with three new wires. The new wires on Walnut come from a 115 kV line now existing on 96th Ave. W. In response to a question from Mayor Pro Tem Jaech,'Mr:.Berkey said, to his knowledge, there were no 55 kV lines on 5th Ave. at any time. Mr. Berkey then explained the various options that had been considered in this project. He said that every other pole on Walnut was now 60' high while the inner span poles are 45' high. The tall ones will be replaced with poles that average 6' higher and the top three conductors will be replaced with new wires that are larger in diameter than the old ones. The wires in the middle and lower series will remain in approximately the same place. Councilmember Hall said one would think the PUD would have found a way to underground these cables by this time. Mr. Berkey said 15 years ago they were looking forward to building underground; however, the cost of undergrounding has increased and will continue to do so faster than the cost of overhead. Councilmember Dwyer asked for an estimate of the households that would be affected in terms of impaired reliability. Mr. Berkey said there are 4300 customers serviced by the Edmonds substation including those served by adjacent substations that would benefit from improved reliability. He described the electrical loads on the four substations during the past winter and the need to pro- vide reserve capacity in the event of transformer or substation failure. In the event of a Maple- wood substation overload, approximately 500 residences would be affected. Another scenario involv- ing failure of the Edmonds substation could result in disruption to the waterfront and the ferry terminal. He said a transmission line with a substation in Edmonds is the only realistic system to consider. In reference to the vertical alignment, there are other framing standards that would . place the conductors in a different configuration,.but the one presented has been found to be the least objectionable. He said Walnut is the shortest and most direct route, but there are other routes that could be followed. Mr. Berkey explained that installation of the 115 kV lines would allow the PUD to remove or shorten existing poles along 12 blocks: removal of 8 poles, shortening 19 poles, installing 16 new poles that will be taller than the old ones, removal of 3 conductors for 12 blocks and replacing 3 conductors with 3 new ones for 7 blocks. These removals can only take place if the 115 kV lines are installed. Mayor Pro Tem Jaech opened the hearing. Gordon.Rosier, previously identified, challenged Mayor Pro Tem Jaech's presence during the hearing. He asked the City Attorney if he agreed with her decision. Mr. Snyder said he could.be in a posi- tion of defending the decision and declined to answer. Mr. Roser said he disagreed with the -deci- sion made by Councilmember-Jaech to remain during.the hearing, since she could be the recipient of $3 million of undergrounding, and questioned her ability in any further decision making process that requires her sitting as a Council person. In response to a question from Mr. Rosier, Councilmember Hall said the hearing would be continued and future testimony would be accepted. Mr. Rosier said the implication was whether he likes under - grounding or not. He noted that no one likes 60-70' poles with wires attached, but the issue is one of fiscal responsibility to the City of Edmonds and.the rate payers in Edmonds. He said it is intolerable to think that 1.5� per kw hour could be added to his current rate, bringing it up to 6.5¢ per kw hour and the City would be the recipient of 5.2¢ for the electric utility tax. He said he is not opposed to undergrounding, only to a rate payer outside the benefit area being obliged to pay for undergrounding. He asked how many of those present to testify live outside the downtown 0 446 August 7, 1984 - continued core of Edmonds and expressed doubt that residents outside that core are aware of what the issue involves. In response to a question from'Mr. Rosier, Councilmember Hall said the City could ask the PUD for the substation.costs. Per. Rosier expressed concern regarding the total cost of the undergrounding and the substation and the cost that might be borne by all residents of the City'. In response to a question from Mr. Rosier, Mayor Pro.Tem Jaech said, if the Hearing Examiner decision is appealed to the Council, the two items will be combined for one hearing. Mr. Snyder said the issues being raised such as cost are usually'a part of a variance hearing. Councilmember Ostrom raised a point of order since the discussion was not pertaining to the issues before the Council. Mr. Snyder noted that if the variance is appealed, the Council will be con- sidering many of the same issues on identical testimony. Dan Carroll, 717 Cedar St., said.the overbuild would impact.the.view property value of -his home and he would like to see a day when the natural beauty of the community was visible without looking at a myriad of overhead utility wires and poles. He said the current ordinance establishing a 25' height limitation for structures makes it impossible -to -provide aerial power to the,city without a vari- ance. A joint cooperative effort between the,City, , citizens and utilities,would,.establish a climate that could lead to an undergrounding policy which would provide undergrounding of objectionable aerial systems. Not all power and telephone service have to be underground, he said. He suggested formation of a group to devise a.comprehensive plan for cleaning up the aerial plant in Edmonds. He noted that utilities must live with :. cost 'considerations and .the -citizens must be~wi Tl i ng to meet them half way. He reviewed the project, observing that selection of Walnut St. demonstrated lack of consideration for the impact on a residential view area..: He believes the 115 kV line should be. built, but feels there are more appropriate routes. He recommended that the Council.support the ADB decision but advise the PUD to engineer a more appropriate route and assure them the necessary variances will be granted. Eleanor Bonanno, 820 Walnut St., expressed her appreciation for Councilmember Jaech's presence . during the hearing. She said the .115 kV line benefits everyone in Edmonds and the surrounding areas. She noted that the wires,existing on Walnut at present are a very good example of clutter. She expressed disbelief that undergrounding is as expensive as quoted. The current poles are 30 years old, need to be replaced and this would be a good time to put everything underground, some of the poles are being held up by the wires now. When the street was paved, she noted that pipes had been placed under the paving for telephone wires but they have not been put underground. She said people on Walnut St. should not have to take the higher poles and larger wires. Frank R. Bigford, 720 Walnut St., agreed with Mr. Carroll's remarks and suggested that he would be a good candidate for the Planning Board. He said the only views that surpass those of Edmonds may be in Hawaii. He feels the wires should be underground and,charged to everyone in the City since they will all benefit. He said there will be more multiple residences built which will also use the electrical power that will be available from the.Edmonds substation.. Councilmember. Dwyer asked if Mr. Bigford felt the rest of the citizens of Edmonds would-be willing to pay the additional. $100 for the undergrounding at Walnut and how many of these projects they would be willing to bear at a time. Mr. Bigford said he would be willing to pay for another's share but agreed that this should be.pre- sented to everyone and felt very few people -actually know what is involved. Ewart Harris, 425 7th Ave. S., understands the -concern of the people on Walnut St. regarding . , undergrounding the wires. He said his view would not be impacted; however, he is concerned about a $3 million project assessed against his property. He would be willing to pay a modest assessment and is not against undergrounding. He said he is retired and would like to continue enjoying that retirement. Peter Challman, of Arnies Restaurant, 300 Admiral Way., noted that this is a complex issue.and commmented on the beautification and service that would be provided. He would hate to see a prece- dent set by the Council requiring or changing an interpretation of the law on heights of utility • poles. He feels it would be dangerous for the Council to say the poles in town come under a height restriction, thus requiring the PUD.to look at the entire system. The City and PUD should work together for a broad based plan.. He urged the Council to listen to the appeal and rule in favor of the PUD at this point, strictly based on.the height of the. poles. Dave Griffith, of Alan BMW Saab, 21420 Highway 99, spoke on behalf of.the South Snohomish County Chamber of Commerce and said the Chamber is not opposed to undergrounding. The areas involved are those of economics - who will pay for undergrounding on Walnut St. If the expense is borne by the area of the Edmonds power station, it will cause a great hardship for.rate payers of the area. The most recent figures indicate that rates would go up 13-14% over a period of five years. If the cost factor were applied to the entire City of Edmonds, there would be an increase of 5-7% over a 5 year period. His business would have an increase of $400 a year or $2000 over 5 years. As a business person, he would like the Council to address the area of economics in their decision. The cost involved will make the PUD's recommendation the most economical solution. Since there was time remaining, Mayor Pro Tem Jaech gave those people who had not signed up an . opportunity to speak at this time. Lindsey Echelbarger, property owner at 555 Walnut and residing at 23614 107th Pl. W.., expressed interest both as a property owner and rate payer. He had'spoken with the PUD concerning the cost of undergrounding. From.the standpoint of economics, he said they are talking about $750,000 per mile for undergrounding 12 kV distribution lines. Looking at a cost of undergrounding 12 blocks on Walnut.for $3 million, he suggested the Council consider undergrounding 4 miles of downtown streets for the same cost. The question raised by Mr. Rosier, whether the citizens of Edmonds will be willing to pay for a 12 block area, is a good point and believes it would not be a very popular stand. August 7, 1984 - continued Karl Niggol, previously identified, said the residents of Walnut St. would not be the only benefi- ciaries of the power from the substation. Actually the businesses and residents of the downtown area will be benefitting rather than Walnut St. Mayor Pro Tem Jaech closed the hearing since there were no others wishing to speak and noted that the hearing would be continued to September 18. AUTHORIZATION:FOR"MAYOR PRO TEM TO EXECUTE AMENDED.CONTRACT WITH TASTE OF EDMONDS Mayor Pro Tem Jaech outlined the request before the Council concerning the fee for Video machines at the Taste of Edmonds. She asked for authorization to execute an amended Taste of Edmonds Contract to provide for Special Occasion Video Game Permits.at a fee of $25.00 per machine and a $50.00 Video Game Distributor license fee. Councilmember Ostrom questioned the need for video machines at the Taste of Edmonds and their purpose. He stated these machines are inconsistent with the idea of the function. Chris Matt, of the Quintana Roo Restaurant and Chairman for the Taste of Edmonds, ex- plained that the main reason and concern is to provide entertainment for the children present at the function. He said they would like to keep the kids out of the City flower beds and hoped these machines would assist in'that goal. The money received last year was only $150-200 on 8-10 games. He said they can do without them but the entertainment.provided last year, such as the moon walk, will not'.be available this year. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE THE MAYOR PRO TEM TO EXECUTE THE AMENDED CONTRACT WITH THE TASTE OF EDMONDS. MOTION CARRIED. MAYOR Mayor Pro Tem Jaech requested that copies of the minutes from D-DAT task force meetings be furnished to the Council. She noted that the staff would like to know the position.of the Council regarding youth in the City. Councilmember Hall said the Council loves them. Councilmember Nordquist noted that a hearing is scheduled on the extended agenda for September 4 to discuss this subject. Mayor Pro Tem Jaech asked Mr. Snyder to review the history of the ferry and why the Port has jurisdiction over the ferry. Mr. Snyder replied that the Port owns the property, leases it to the ferry system and has done so for the last 30 years. COUNCIL Councilmember Kasper asked if the letter from Mayor Naughten to the CDBG Technical Advisory Committee regarding downtown pedestrian improvements had been before the Council. Ms. Block said the proposal had to be provided within a one and a half day period and there was no opportunity to bring it before the Council. Councilmember Kasper said time spans must be provided to allow the Council to see these.pro.posals before they are submitted. He said he is not against the Block Grant program but wishes to insure there are no excessive architectural costs as there have been in the past. The projects are costing the City a lot of money just to get things done and he stated it is not.always a proper use of the money. Ms. Block said the next funding cycle is imminent and she asked the Council for their input concerning projects they would like to see submitted. The applications must be ready for submission by October 1. She suggested a work meeting might be scheduled for the Council and staff. Regarding the Mayor's reorganizational update, Councilmember Kasper expressed concern regarding the screening process being developed. He noted that City personnel are screening candidates and elimi- nating all but 15 people. He felt it is improper for staff to review future heads of departments, the review should be from the top down. He said he was not challenging the people doing the screen- ing but disagreed with the principle. He added that no notifications should be sent out until the Mayor returns and screens the applications himself. He feels the system is in question and should be set aside and examined by the Council. Councilmember Ostrom expressed agreement, he had questioned the same thing. Having staff screen their future supervisors doesnot seem the correct procedure. Councilmember Nordquist noted that, in the past, a courtesy has been extended to the legislative body.to look over the applications. He said the philosophy is the Council's, designed in the spring, and concurs that at least the courtesy of looking at the applications should be extended to the Council. Councilmember Hall also questioned the process, noting that her reservation contained nothing personal toward the staff involved and suggested that the staff might also be uncomfortable in this task. She said this is.not indicative of how the Council wishes the City to be managed and ques- tioned expenditure of $3,000 for an Assessment Center.. Since the Mayor will be working with the person selected, he should be the one,to select the candidate, affording the Council the opportunity to approve that selection. Councilmember Kasper expressed the hope that the Council would be afforded time to consider the person selected and not be expected to approve the selection at the same meeting in which it is presented. He said this is a major.job and the person must be checked out thoroughly. Councilmember Hall announced.that a Candidate's Fair would be held on September 13 from 8-9 p.m. at the United Methodist Church on Casper St. She encouraged everyone to attend. Councilmember Kasper announced that the Community Services Committee meeting was cancelled. 448 August 7, 1984 - continued The meeting was recessed to Executive session at,9:55 p.m. and adjourned at 10:05 p.m. JOZ,_DOSAAECH,