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19631105 City Council MinutesPLATS The final plat of Sea Lawn Terrace, Division "B" was presented for acceptance by the City. It was moved by Councilman Slye, seconded by Councilman Simpson that the final plat of Sea Lawn Terrace, Division "B" be accepted and approved. Motion carried. It was.moved by Councilman Slyej seconded by Councilman Tuson that the public im- provements in the plat of "Leanne Lane" be accepted by the City for perpetual main-. tenance. Motion carried. Councilman Sorensen made the motion, seconded by Councilman bmets that the public improvements in the plat of Maplewood Village #3 be accepted for perpetual mainten- ance. Motion carried. WATER MEETING Councilman Tuson reported a meeting set for 8:00 P.M. October 171� for the Water Committee at the Olympic View Water Department office, at which representatives of Seattle Water Dept. will be in attendance.. CORRESPONDENCE A letter was read from Natalie Shippen of 1022 Euclid Ave., protesting the city's stand on not allowing the use of the council chambers for political partisan meetings, and requesting their reconsideration. Mrs. Shippen spoke from the audience claiming the Republican and Democratic parties are responsible political organizations required by law to hold instruction meetings for precinct committeemen, which is not the same as partisan political meetings. It was pointed out by several councilmen that to change their stand would place the council in the position of discriminating in having to choose what organi- zations should be allowed the use of the chambers. It was moved by Councilman Christensen, however, and seconded by Councilman Simpson that Mrs. Shippen's letter be referred to the • committee on establishing policy on the use of the Civic Center (Smets, Harrison, Simpson) for them to reconsider their former action and report back on a policy for this use, along with all other types of uses of the council chambers by outside groups. Motion carried. RESIGNATION OF CITY ATTORNEY A letter was read from City Attorney Jerald C. Hall, dated October 15, tendering his resignation as City Attorney ,effective November 1, 1963, but stating he would assist the new attorney between Novembbrrl.and December 1 if he wished. Also, he would handle all legal matters on lawsuits now pending, and finish any LID,'s now in progress. The Mayor and several of the council expressed their appreciation of Mr. Hall's services while City Attorney. APPOINTMENT Mayor McGinness then announced the appointment of James Murphy to replace Attorney Hall, effective November 1, 1963. Mr. Murphy was introduced; and Councilman Christensen made the motion, seconded by Councilman Slye that the Mayor's appointment of James Murphy as City Attorney, effective November 1 be confirmed. Motion carried. BUDGET Mr. Lawson reported that the 1 mill levy on the 1964 budget for firemen's pension beyond the 15 mills was found to be illegal, and after discussion with the City Treasurer on the #12,315.90 which must be stricken, it was found that this amount could.be shown under cash on hand by increasing that figure to $29,315.90. It was therefore moved by Councilman Christensen, seconded by Councilman Tuson to amend the final budget by deleting under Current Expense Fund Receipts the item designating one mill in the amount of $12,315.90, • and correspondingly increasing the first item, Cash on Hand, to conform with state law. Motion carried. There was no further business and the meetingadjourned. City Clerk r Z November.5, 1963 _ Regular meeting -was called to order by Mayor McGinnevs•with all councilmen present. James Murphy, new City Attorney was in attendance, also retiring City Attorney Hall. APPROVAL.OF.MINUTES All councilmen having received copies of the minutes of the previous meeting, it -was moved by Councilman.Harrison and -.seconded by Councilman. Christensen that the minutes be accepted. Motion carried. FINAL ASSESSMENT,ROLL HEARINGS,~ Engineer Wayne.Jones gave a report on LID 114, paving Pine, 6A to 7!'. Preliminary estimate was $6.93 per zoned front foot. Final cost was $6.94 per zoned front foot, for a total LID cost of $8,821.87. Mr. Jones reported.: the- final, figures were slightly over the.. preliminary estimate due to a final check of the.-footage.being less than showed on original rolls. It was moved by Councilman Smets that Ordinance #1025 be adopted approving the final assess- • ment roll for LID #114, seconded by Councilman Harrison. Motion carried. 15 I 1 • 1 • 1 Engineer Jones reported on LID 117, paving Hemlock,.:7* to 8m. Preliminary estimate was $8.62 per zoned front foot.. Final cost•was $8.08, with a total LID cost.of $99-383.70. A motion was made.by. Counoilman:Sorensen that Ordinance #1026 be passed.approving final assessment roll.f.or•LID.117,- seconded by Councilman.:Slye.g Motion carried. Engineers report on LID 118, paving of "A" Street, Elm -to Fir.. Preliminary estimate was $7.00 per zoned front foot. Final cost was $7.32 for a total LID cost of $89085.73- Mr. Jones reported :.the final figures.were over the: preliminary estimate due •to addition of.. - driveway aprons on the final construction. It was moved by Councilman Simpson and seconded by Councilman Tuson that.Ordinance #1027 be adopted -approving the final assessment roll for LID 118. Motion carried. PRELIMINARY HEARING Hearing was held on the preliminary assessment roll LID 123, paving, curbs and gutters for "B" street and vicinity. Preliminary cost estimate is $69,000.00. $7.92 per zoned front foot, with work to start probably in March, due to the weather. It was.asked if the City could fill some of.the holes in the meantime. Six letters of.protest were read by the City Clerk. Upon the City Attorney being asked to check these.letters of protest for legality, .he stated that number.of protests could have no bearing on the LID, as the original petition was signed by a sufficiently larger number.of-property owners. It was -then moved by Councilman Christensen and seconded by Councilman Slye that Ordinance #1028 setting•up LID 123 be passed. Motion carried. Mr. C. T. Spencer, 655 Pine St. spoke from the audience, complaining that the city is on his property at the corner of Pine and 79, as a result of the street improvment. Mr. Jones �answer.ed.that he was aware of this problem, but the City had obtained.a triangular piece at the corner from Mr. Spencer and that the City was not on his.property. Mr. Spencer also stated that his wall had been knocked down by Mr. Joplin. Mayor McGinness requested Mr.. Spencer take care of establishing boundaries, and for Mr. Jones to see if Mr. Joplin --is responsible for fixing the wall. CORRESPONDENCE A letter was read from J. C. Francis concerning his opening of Hallmark House at Fourth & Dayton and requesting all.day parking be changed to two hour limits. This was referred to the Safety Committee, NORTH END SEWER CHARGE The,problem•of sewer assessment charge on water,bills in the newly annexed area was then thrown --open to the -audience for comments. Mr. Alf Lee of 18427 - 91st Place West, Edmonds took the floor in objection to the-$1.40 per month charge, stating that he had been deducting this from his bill; and then introduced his son, Attorney Raymond Lee, to speak for him and other property owners of the area. Attorney Lee stated that the charge is illegal, according to his interpretation, in that the revenue goes to pay outstanding indebtedness incurred before.the•area was annexed, and because of the failure of the City to provide any service to .the North End. Following lengthy argument by Mr. Lee, City Attorney Murphy replied•that this was not an indebtedness of the city, and quoted from the statutes in connection with the charge. The Mayor stated Council had been advised by our legal department that this charge is legal, and it may have to wind up in courtto be decided. Mayor MdGinness stated that we as a body do not have the right or power to revoke this charge. Several people in the -audience expressed willingness to pay this charge if they were on•a sewer. The complaint was they were paying for something they'did not have. Mr. B. Vernon Severance, 9302-192nd P1. S.W.-pointed out that he has his own water supply as well as city water, and asked if he did not take city water would he.have to pay this charge. The reply was that he would not. It was asked why not have the full charge for sewer system on an LID... The reply was it had been determined.by the Attorney General that we•can'not.. Councilman,Simpson.pointed out that this charge could be calleda water charge and raise the ratest rather than a sewer assessment:charge. After much discussion, the Mayor appointed a committee 'of Attorney Murphy, Councilman Tuson, Water Committee chairman and Councilman Sorensen', Street Committee chairman, to meet and consider this matter and whether it is a just charge, and report at'•the next Council -meeting. FIRE PROTECTION The question was raised from the audience as to fire protection in the.newly annexed areas.. It was pointed out there is at the present a combination volunteer and full time Fire Department, with three trucks in Edmonds, one.at Five Corners, and one.on order to be delivered in December. Fire District #1 is serving the area in question until 1965. In the meantime the City has under consideration location and construction of.a fire hall in that area, and will provide equipment and manpower for same. E 152 AUDITING COMMITTEE REPORT Councilman Slye moved the regular monthly .bills be paid, and the .City Clerk authorized to issue warrants against the respective funds. Motion -seconded by -Councilman Sorensen. Motion carried. LID 114: Edmonds TribuneReview $11,..83. Slye moved and- Tuson seconded that this bill be paid.. Motion carried. LID 117: Edmonds Tribune Review - $11--75- Moved by Slye, seconded 1y Councilman Sorensen that thisbe paid. Mkiti bn carried. LID 1181 Edmonds, Tribune- .Review.. . $1.1,.87... It .was moved by, . Councilman Slye and seconded by Councilman Sorensen that this be :paid. Motion .carried. Councilman Slye moved, seconded by Councilman Sorensen, that Estimate #2 of A & M Construction Co. for LID.119, in.the amount of $28,992,60 be paid and the Clerk be authorized to -issue interest bearing warrants to Southwick, Campbe-ll,.Waterman Co. for $26#992.60. Motion carried. A motion was made by Councilman Slye, seconded.by Councilman Sorensen, that Estimate #2 of Joplin Paving Co. for LID 120 in the amount of .$10,•041.75 be paid. Motion carried. .The: Salary Ordinance held over from last.meeting was brought up. It was decided to delay any action on this at present, as it is not needed until the first of the year. REPORT FROM CITY ATTORNEY Proposed Ordinance #1024.calling for issuance and sale of $66,oOO.00 General Obligation Bonds, prepared and f orward6d by Jim Gay, Bond Counsel. Sale of bonds and bid opening at.regular meeting of December 3, 1963.. -It-was moved by Simpson, seconded by Councilman Christensen that this.be passed. Motion carried. The matter of purchase of the -Thayer property on the waterfront was brought up by the attorney. A purchase .price of $125,000.00 had been established, title ordered, and a contract prepared. The .Attorney stated that -he -had now been advised the Council did not want to pursue -it, and it was understood Mrs. Thayer had another sale for the property. However, through Mrs. Thayer's attorney it was also understood the sale was not definite or completed, and she was still open to hegotiations by the City. Councilman Simpson felt the price was too high. Councilman Christensen said the Park -Board has one other piece under consideration that might be considered equivalent, - Councilman Christensen then moved the matter of acquiring the Thayer property be closed by referring for further consideration to the Park Board. This was seconded by Councilman Harrison, and a roll call vote.resulted as follows:. Harrison, Smets, Tuson and Christensen voting yes; Simpson, Slye and Sorensen voting no. Motion carried by a 4 to 3 vote. COMMITTEE.REPORTS Councilman Sorensen, Chairman of the Street Committee requested Council authorization to use the firm.of Reid, Middleton & Associates, Consulting Engineers, in connection with a possible arterial on Main Street from 9m to the High School at 5R' S.E. and 251h. The Mayor pointed out that the cost. involved in the charge of this firmcould be tied in .with the over-all work they are.doing on a master plan for storm and sanitary sewers. Councilman Christensen, Chairman of the Park Board, stated the Board was recommending the Council give consideration,to Mr. Lem Everett for a vending machine concession stand'in the City Park. A letter to the Park Board from Attorney.Milton Slater requesting this for Mr. Everett, stating he would construct a building, ask for a five year concession lease, with provision.for an additional'five.years, and would deed the building to the City at the end . of five years.. The. -Park Board asks for .the right , of approving the design of the building. It was moved by Councilman Christensen that the Council authorize the City Attorney to negotiate a contract with Shepherd & Slater, subject.to City Attorney being'satisfied.that it is legally permissable; to be presented to the Council for its approval.;: and to carry out the requests 6f- Mr. Everett as recommended -by the Park Board. Seconded, by•,Councilman Slye... ..Motion carried. Councilman.Tuson, Chariman-of=the Water Committee requested permistion for the Water De- ..partmant to install 240 feet of 10". sewer pipe on North Stream Lane, the old Dent property. It was -moved by Councilman Tuson, seconded by Councilman Simpson that the Water Dept. be authorized'to'install 240 feet of 10" sewer pipe, by water department employees, at a•cost of approximately $360.00. Motion carried. Councilmari'Tusoii'requested a -meeting of the committee on the sewer service"charge for.next ...Tuesday, November 129 at 7:30•P.M. -.Councilman Christensen reported the Park Board is working on a total area study, to see what..they.would like to recommend as a possible bond issue for a park site.. Don Lawson reported the budget will have to be adjusted by an emergency ordinance to cover added expenses in the various departments, due to the hiring of extra employees after the North End annexation, and extra charges. The Mayor instructed Mr. Lawson to give the Attorney the facts so he can set up the Ordinance for the next meeting, with the hearing to be December 3. 1 0 . .Engineer Wayne Jones wished approval to get bond from Hubbard for.work permit on Highway on Senior High sewer. It was.moved by Tuson, seconded by Smets that the Mayor be authorized to sign a bond for engineer on LID 119. Motion carried. • 1 • Meeting adjourned November 199' 1963 ROLL CALL Regular meeting was called to order by Mayor McGinness with all councilmen present. APPROVAL OF MINUTES All councilmen having received a copy of .the minutes of the previous .meeting, it was moved by Councilman Tuson-, seconded by Councilman Smets that the minutes of November 5b be approved as outlined. Motion carried. CORRESPONDENCE The City Clerk read a letter. from Wm. George Carley, 9103-22414 S.W., requesting permission to petition the area from 91h Ave. to 88SI Ave. W. and from Edmonds Way to the Edmonds city limits north of 2200- S.W... excluding Aurora Heights Division #3 and area north . of 232nd Pl. ff. W. for the purpose of .annexation to. the City of Edmonds.. Councilman.Simpson stated he would like to see.it investigated further to see if the area could be.enlarged to include.on east toward Highway .#999 rather than annexing piece -meal. Councilmen Smets and Christensen expressed their opinion that Mr. Carley should. be . encouraged to go ahead with the .peti.ti on. Councilman Tuson questioned the possibility of sewer trouble.if.the area were taken in,piece-meal. It was moved by Councilman Slye and -seconded by Councilman Tuson that the Council authorize Mr. Carley to.circulate a petition with the understanding that the peti-. tioners will assume. their fair share. of the .bonded indebtedness. of the Ci-ty, -.and - that the City Attorney -assist in drawing up of a proper petition. Councilman Christensen questioned the merits of.the assumed bonded indebtedness part of the motion, since when the North Area was annexed without this, i.t.was decided to consider this feature individually on the merits of each area.to be annexed. Should the engineer look at the area to see.if there is any difference in this than in the area to the North? Councilman Simpson stated he felt we should have a report back from the Engineer, Supervisor, and Fire and Police -Chiefs-, to see what costs might be to service this area. Mayor McGinness expressed the thought that the matter should perhpas be deferred for two weeks until the next, council meeting. Councilman Christensen moved the motion be tabled, and this was.seconded by Councilman Sorensen. A roll call vote showed all `councilmen in favor except,Smets, and the.motion carried. This was referred to Supervisor Lawson for consideration wi-th all departments,- and a report to be back at the next meeting. DATE FOR BID OPENING ON LID.#124 Next order of business was setting the date for' opening of bids on LID #i249 paving Laurel Street. Councilman Sorensen moved the date of December 3 be set for opening of bids..on.LID.#124 which would be paving of approximately 200 ft. The motion was seconded by.Councilman Slye, and carried. DATE FOR BID OPENING ON. POLICE..CAR It Was moved by Councilman Sorensen,.seconded by Councilman Slye that the Police Dept. be authorized to call for bids to be -opened on December.3 for the purchase ofa new Police car, specifications to be supplied by the .Police Chief. 'Motion carried. 1964 GASOLINE REQUIREMENTS Mayor McGinness read a letter from Snohomish Comity, Commissioners asking if the City of Edmonds would like to join in purchasing gasoline for 1964 through the county. According to the price quoted in.the letter, it was reported we paid roughly 2¢ per gallon more. -last year through our local bid.... ..Lynnwood and..Mountlake Terrace partici- pated -last year ,through the county. This is by tank truck delivery. James Astell, Fire Chief, wgs asked for his opinion. He stated he felt the c all for bids was made at too early a date, and if .the call is made at a later..date, there would be a price advantage. He said. we should.call for bids around January lst. Police Chief Grimstad reported we have only a small .tank,,. and .if. we. should purchase through the county and run out on a weekend, we would have. no alternate. The only solution in that case would be to enlarge the storagg tank....:It..was agreed, after discussion, not to participate with the county, but to call -for our own bids.locally. EMERGENCY ORDINANCE The City Attorney presented Emergency Ordinance #1029 calling for the transfer of funds within the 1963 budget to meet outstanding indebtedness not provided for due • - to the newly annexed areas. Hearing on the Emergency Ordinance will be held on December 3, 1963.