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02/11/1985 City CouncilTHESE MINUTES SUBJECT TO FEBRUARY 19 APPROVAL EDMONDS CITY COUNCIL MINUTES February 11, 1985 (Work Meeting) The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All .present joined in the flag salute. PRESENT ABSENT Larry Naughten, Mayor Jo -Ann Jaech Steve Dwyer Lloyd Ostrom Laura Hall Doug Reuble, Bill Kasper Student Rep John Nordquist Jack Wilson CTAPP PRFSFNT Dan Prinz, Police Chief Jim Adams, City Engineer Jack Weinz, Fire Chief Bobby Mills, Actg. Pub. Wks. Supt. Mary Lou Block, Planning Director Jackie Parrett, City Clerk Scott Snyder, City Attorney Shirlie Witzel, Recorder Mayor Naughten announced that Student Representative Doug Reuble was not able to attend this evening. Councilmember Kasper arrived at 8:00 p.m. during the Mayor's portion of the Agenda. CONSENT AGENDA Councilmember Hall raised a point of order regarding the Council practice of recessing to executive session and not reconvening to adjourn. She said people had waited for the Council to reconvene following the last executive session. City Attorney Scott Snyder said there is usually a lack of quorum following the executive session and the meeting is automatically ended. He added that the Council cannot adjourn to executive session, .since adjournment ends the meeting. One solution -would be for the Council to return and formally adjourn, but he does not believe there is a procedural problem. Councilmember Hall said the problem occurs when the public wait, expecting the Council to reconvene. She asked that a solution be worked out. Item (C) was removed from the Consent Agenda for discussion. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, 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 February 5, 1985. (D) Authorize Mayor to accept hold harmless agreement for construction of drainage facility. ACCEPTANCE OF QUIT CLAIM DEED FROM MARGUERITE ELKINS FOR STREET RIGHT4f-WAY Item C on Consent Agenda Councilmember Nordquist asked if the ten foot right-of-way to the west had been obtained from the PUD. Planning Director Mary Lou Block said the Official Street map shows that the subject property is the only piece not owned by the City along that section of the street. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ACCEPT QUIT CLAIM DEED FROM MARGUERITE ELKINS. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 1 February 11, 1985 CONTINUED DISCUSSION ON PROPOSED SALE OF CITY PROPERTIES LOCATED AT 76TH AVE. W. AND 84TH (BEHIND 8421 AND 8427 200TH S.W.) City Engineer Jim Adams presented further information as requested by the Council during discussion of the subject at a prior meeting. Two of the properties in question are located behind properties at 8421 and 8427 200th S.W. and were obtained in an L.I.D. fore- closure. He described a survey conducted by Reid -Middleton which disclosed a piece of property not acquired by the City in the foreclosure action and a piece of property in the subdivision of 8421 and 8427 200th S.W. that was never transferred and is still owned by Matson. He said a survey would be required to determine the corners of the City property at a cost of $1500 and a quiet title action.would be required to acquire title to the property not included in the foreclosure action. In addition, he noted there would be staff and attorney time as well as title report costs. He said there is an easement to the property; both existing houses violate that easement and large trees are located in the easement. Mr. Adams said the City has received an offer from the two property owners to purchase the property "as is" for $10,000. He said the City Attorney had recommended that the City accept the offer or advertise the property and sell it "as is", establishing the market value, and let the purchaser straighten out the property lines. Councilmember Wilson asked how the price of $25,000 had been determined originally. Mr. Adams said the appraisal was done using comparisons to similar properties; the appraiser had not seen the property. Mayor Naughten noted there are two legal lots which would usually bring at least $25,000 each. Councilmember Hall asked if a road between the two front properties would make them substandard in size. Mr. Adams said they would be legal lots of approximately 8,000 square feet but the access would be very difficult. Councilmember Wilson asked for an estimate of the cost to the City for necessary actions to make the lots salable. Mr. Snyder said the quiet title action would cost $3,000 to $4,000 with no assurance the gap of ownership would be solved. Mr. Adams noted that the survey would cost $1,500 and staff time would be $2,000, for a total of $7,000 to $8,000. Mr. Adams said one way to establish market value of the property is to adver- tise the property and see what offers are received. In response to a question from Councilmember Wilson, Mr. Adams said the sewer is on the street. In response to questions from Councilmember Dwyer, Mr. Adams had no knowledge of other interest in the property and he believed the property owners wished to add the subject property to the back of their property. Councilmember Hall suggested this use would be an enhancement of the neighborhood, since the trees would remain untouched. Mr. Adams agreed that cutting the trees would be some detriment to the neighborhood. Councilmember Wilson noted that accepting the $10,000 offer with a potential expense of $10,000 to resolve the ownership problems, there would still be a potential $10,000 loss. Mayor Naughten said there are two building lots that might be sold for a total of $40,000. Council - member Dwyer asked if the gap in ownership might not be solved by the fact that the property would belong to anyone who owns the adjoining property. Mr. Adams explained that the legal description on the foreclosure documents did not include the strip of land in question and he did not know to whom it belonged. Mr. Snyder suggested it might be possible to settle the question with another foreclosure action, if there is still an L.I.D. assessment. In response to a question from Councilmember Dwyer regarding the City's obligation to accept the highest bid, Mr. Snyder said a minimum price may be indicated. Council - member Dwyer explained he would want to sell the property to the adjacent property owners if any bid received were close to their bid. Councilmember Hall agreed that a $15,000 bid would be a negotiable price. She said the offer of $10,000 does not seem enough, she would like to set an amount based on staff advice, rather than advertise the property. Councilmember Dwyer said the offer comes from people who are interested, have an appropriate use for the property and there would be a problem free transfer; however, he is bothered by the low price. Mr. Adams suggested that a covenant be placed on the property prohibiting future subdivision, which would prevent them from making a profit and ensuring there would be open space left. Mayor Naughten said the City has a respon- sibility to the taxpayers to obtain the highest price possible for the property. Councilmember Wilson agreed that the property should be advertised with a minimum bid. Mayor Naughten asked one of the property owners to comment if she wished. Margaret K. Ghrames, 8421 200th St. S.W., said they did now know how the process worked, they believed the offer could be negotiated between them and the City. She said they did not realize the City would be advertising the property. If the price is not adequate, she said they are amenable to negotiating the price. EDMONDS CITY COUNCIL MINUTES Page 2 February 11, 1985 Mayor Naughten suggested the property be placed on the market without a price to see what offers are made, with no obligation to accept any offers. Councilmember Hall disagreed, she believes the property should go to the highest bidder. She said the question should be remanded to the staff with negotiable powers for the parties that have submitted an offer. Councilmember Dwyer said a minimum price should be set. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO REMAND THIS MATTER TO THE. STAFF, AND THAT A MARKETABLE PRICE ON THE PROPERTY AT 84TH AND 200TH BE PRESENTED TO THE COUNCIL PRIOR TO AUTHORIZATION TO SELL. She said she wants to know what the staff determines after comparison of surrounding properties, consideration of legalities, and considera- tion of whether they would be substandard lots. She said there is a difference of about $15,000 since discussion of this property on February 7 and she does not believe the Council is prepared to make a determination. Councilmember Dwyer asked if the Council would then be willing to negotiate with the adjacent property owners. Council- member Hall said the next step would be for the staff to present their findings at the next work meeting on February 26. MOTION CARRIED. Councilmember Hall explained that the documents before the Council indicated that the offer was 2 1/2 times less than the amount that might be realized from the property and she was not ready to make that type of decision. Mr. Snyder suggested that the staff report be confidential and the Council discuss the subject in executive session. Mr. Adams said the other property that had been discussed by the Council, located on 76th Ave. W., was obtained through a purchase by the Urban Arterial Board. He has contacted the Board and been advised that their past policy has been to take 90% of any sales price. Since the property was acquired 10-15 years ago, there is a question whether this would be done and an informal answer will be provided within two weeks. In addi- tion, Mr. Snyder is looking at City documents to determine ownership. Mayor Naughten set a date of March 12 for consideration of the question. REPORT FROM STAFF RE SATELLITE RECEIVERS Planning Director Mary Lou Block reviewed the history of this subject. She said these antennas are treated as accessory structures at present and are required to meet the height and setback requirements as specified in the Community Development Code. If they are attached to the ground or another structure, a construction permit is required. She said they found most communities have no zoning regulations written exclusively for satellite earth stations or dish antennas. However, a few jurisdictions have estab- lished special standards. She noted that Lynnwood and Mountlake Terrace have no regula- tions written for satellite receivers. Councilmember Hall said the mobile antennas are the ones that present the most problem since there is no way to regulate them with the Community Development Code. Ms. Block suggested that further discussion of regulations might be referred to the Planning Board. Mayor Naughten said people are objecting to the visual impact of the antennas. Ms. Block explained that people can place these antennas in their yards between the setback requirements and the house. Mr. Snyder raised a question concerning enforcement since many of these may be installed without a building permit and the City will not know until a neighbor complains. He said a shielded wire, free and unattached to the ground, attached to a satellite dish on a dolly, would not be covered. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DIRECT THE QUESTION TO THE PLANNING BOARD AND REQUEST THEY HOLD A HEARING ON THE MATTER, NOTIFYING THE PERSON WHO HAD RAISED THE QUESTION ORIGINALLY OF THE DATE OF THE HEARING; THE PLANNING BOARD BE GIVEN THE LEEWAY TO RECOMMEND THAT NO ACTION BE TAKEN IF THE HEARING INDICATES NONE IS REQUIRED; AND, IF ACTION SHOULD BE INDICATED, THE BOARD MAKE RECOMMENDATIONS TO THE COUNCIL. Councilmember Nordquist recommended that the staff contact the city of Evanston, Illinois, because they have regulations for these anten- nas. Ms. Block interjected that Everett also prohibits these antennas from front yards. MOTION CARRIED. FIRE DEPARTMENT ANNUAL REPORT Fire Chief Jack Weinz reviewed the activities of the Edmonds Fire Department for 1984. He said both fire stations are manned 24 hours a day, seven days a week, with a minimum of two men because of the addition of one firefighter during 1984. He said 10 volun- teer, recruit firefighters were also.added in 1984. These volunteers received 60 hours of recruit training, as well as a 44 hour first -aid course through the State and are now enrolled in a fire tactics course at Edmonds Community College. Chief Weinz also recap- ped information on paramedic activities for the year and the fire loss record. He de- scribed the value of the mutual aid agreements with adjacent fire departments. There were 20 responses to Woodway, he said, of which 14 were aid calls. He discussed a EDMONDS CITY COUNCIL MINUTES Page 3 February 11, 1985 change in reporting that will show the number of chimney fires for 1985, since there has been an increase during 1984. There were no lives lost in fires, three citizens suffered fire related injuries and four firefighters were injured, he reported, adding that all injuries sustained by firefighters were investigated by the Safety Committee. Another valuable program was the company inspections begun last year. He reminded everyone of the CPR classes that are offered and the free blood pressure checks that are available. He suggested that everyone either have or update their CPR training. Chief Weinz explained that this is the last year of a six -year tax levy for emergency medical services. He said another six -year levy will have to be passed this year in order to continue the services that have been offered during the past six -years. He thanked the Mayor, City Council and City Staff for their cooperation and assistance during the year. Councilmember Wilson asked if the fire controlled by sprinkler was a commercial fire. Chief Weinz said it was but it was not the $120,000 loss in July; he said sprinklers were not required in that building. Councilmember Hall asked if the City has a program to provide smoke detectors to the elderly. Chief Weinz said the proposal has been discussed but the decision was made not to enter into the sale of smoke detectors; rather, the Department supports installation and will install them for the low income elderly. Councilmember Hall asked that the City make the public aware of that service. Mayor Naughten said that information could be included on the water bills. Council - member Hall asked if the map which pinpoints the fire calls could be updated for Council information. Councilmember Wilson asked if the Chief knew the reason for the increase in illness.. Chief Weinz said he did not know why there was an increase; the injury hours are reflected in another figure.. Councilmember Nordquist commented that the green address signs being installed at cul-de-sacs are drawing the attention of the people. He had explained to some that they are a means of locating addresses when numbers are not visible. Chief Weinz said the signs were discussed at a Council staff retreat and most of the help in installation had come from Acting Public Works.Superintendent Bobby Mills. Councilmember Nordquist said the follow-up work on the fires, injuries and other responses is not reflected in the report just given. He said that is a very strong arm of the Fire Department and he does not know how it would be reported but feels it should be recognized. Chief Weinz said that arm of the Department wishes no publicity. Councilmember Nordquist said the Department is excellent and he hears compliments about them continually. Mayor Naughten compli- mented Chief Weinz and the Department for providing fast, efficient, and professional services to the citizens of. Edmonds. Chief Weinz asked the Council for their assistance in passing the six -year levy on the November ballot this year; 3/5ths of the vote is necessary for passage. He is .working with the other three chiefs to lay the groundwork. Mr. Snyder said notice date for the November election is September 21. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO DISCUSS THE SIX -YEAR LEVY FOR EMERGENCY MEDICAL SERVICES ON MAY 28. MOTION CARRIED. COUNCIL COMMITTEE ASSIGNMENTS Council President Nordquist said he had received word from both Councilmember Jaech and Councilmember Ostrom that they would not be able to attend this evening. In response to the list of committee assignments he had sent to the Council Members last week, both Councilmembers Ostrom and Kasper had indicated that they would prefer to remain on their present committees. He asked if the Council wished to discuss the assignments this evening or wait until the entire council is present. Councilmember Hall said she would prefer to wait until next week and would let him know the assignments she would prefer. Mayor Naughten asked when the Firemen's Pension Board meets. Chief Weinz said only when there is a problem. The Mayor said he would stay on that one. MAYOR Mayor Naughten announced that Vern and Glen Gist, long-time Edmonds residents, will celebrate their 73rd wedding anniversary on February 14. The Mayor said the Woodway High School Associated Student Body (ASB) had requested a waiver of the variance fee for their sign. Councilmember Dwyer asked what the Council's policy has been in the past regarding the school district. Mayor Naughten said it has been done for the high schools. Councilmember Wilson said the fee would have to come from the student body funds. Mr. Snyder suggested the Council instruct him to prepare an ordinance to bring back for Council action. MAYOR NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER HALL, TO WAIVE THE VARIANCE FEE FOR THE ASSOCIATED STUDY BODY AT WOODWAY HIGH SCHOOL. Mr. Snyder expressed concern that a fee, based upon the cost of process- EDMONDS CITY COUNCIL MINUTES Page 4 February 11, 1985 ing the application, should be waived for a public body. Councilmember Dwyer asked for whom fees have been waived in the past. In response, Ms. Block said the Port has requested waiver of fees but the Council has taken no action to waive a fee for the Port or any other jurisdiction. Councilmember Wilson said there is a difference between the Port and the ASB. He would favor waiving this fee. Councilmember Kasper arrived at this point and took his place on the dais. Councilmember Hall said she would be more comfortable with a one time situation, rather than generating an ordinance. MOTION CARRIED WITH COUNCILMEMBER KASPER NOT VOTING. Mayor Naughten advised that a telephone will be installed this Wednesday in the lobby of the Plaza Meeting room for local calls only. The Mayor reported that the City's total contribution to the United Way Campaign in 1985 was $3,692.40 an increase of $526.68 over 1984. A one-time contribution of $255 was received from the breakfast. He said special thanks have been extended to all merchants for their generosity. He added a special in-house thanks to the Building and Grounds crew, who converted their wood shop into a boarding house style dining room for the breakfast. * Mayor Naughten read a letter from Councilmember Jaech addressed to the Mayor and Council Members. She explained that she had applied for unemployment compensation following loss of her position at a Seattle bank. She said claims were made through proper chan- nels and noted on her 1983 Public Disclosure statement on file in Olympia. She noted that the City of Edmonds had erroneously paid part of the unemployment claim. Upon hearing about this, she had contacted the unemployment office and repaid the money. Since she was unable to attend the meeting and has learned that an article will be written upon this subject for publication in the Enterprise newspaper, she wished to present these facts to the Council for their information prior to that publication. COUNCIL Councilmember Wilson asked what has been done about filling the Council Assistant position. Councilmember Nordquist said the advertisement has been revised showing the different hours and salary. He expects the ad will be published within the next week. Councilmember Wilson said he is anxious to fill the position since he has come to rely upon the services provided in the position. Mayor Naughten offered interim assistance to the Council for typing or office assistance. Councilmember Nordquist said the posi- tion will remain a contract position although Mayor Naughten had suggested the person filling the position become a City employee with full benefits. Councilmember Wilson suggested the hourly rate be set at $9.00 an hour since the raise had been given because of performance. Councilmember Dwyer agreed. Rather than wait until next week for approval of the ad by the Council, Councilmember Hall suggested that the advertisement be run as it is. The rest of the Council agreed. Councilmember Nordquist asked for assistance in screening the applications that are received. Councilmember Wilson and Hall indicated they would be willing to help. Councilmember Hall said the position does have to do independent work and has no trouble with $10.00 an hour. Councilmembers Wilson and Dwyer would rather see the position start at $9.00. Councilmember Hall agreed to that and Councilmember Kasper said he would agree up to $9.00. Councilmember Dwyer read a summary of the SNOCOM Board activities for 1984. He expressed his enthusiasm in working with this Board and for the spirit of cooperation that is experienced. He called Council attention to the number of calls that come through the agency in a given year. He said the percentage of calls from Edmonds demonstrates the value of the agency to the community. Councilmember Hall said the 911 number had not been available at one time during December. Councilmember Dwyer said the Board has brought these problems to GTE's attention during the last two months; on December 17 there was a three hour period when the lines were down and radios were rigged, but there was a considerable loss in response time during that period. He said the new SNOCOM building should be ready by the end of April, having been delayed because there have been some problems with frozen ground so late in the season. COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXCUSE THE ABSENCE OF COUNCILMEMBERS JAECH AND OSTROM THIS EVENING. MOTION CARRIED. * See February 19, 1985 Minutes EDMONDS CITY COUNCIL MINUTES Page 5 February 11, 1985 Council President Nordquist said State Representative Katie Allen had asked the Council to remember them in Olympia. He said the activities listed in the AWC Legislative Bulletin should be watched and legislators called. Councilmember Hall encouraged all citizens to be aware of the issues affecting higher education and make their voices heard. Since there was no further business to come before the Council, Mayor Naughten adjourned the meeting at 8:15 p.m _ 61JACQUELINE G. PARRETT, City Clerk 11 J! V VAN ., R" A M EDMONDS CITY COUNCIL MINUTES Page 6 February 11, 1985