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19660920 City Council Minutes• 1 I • a 1 • 0 Health Officer regarding accumulation of effluent. This letter from the Health Officer was then read. A woman on 884 asked a question on price of a pumping station, and it further developed that she had the information on the Railroad Ave. LID confused with this one. A man asked if the LID was being .formed against the {0ajority of the property owners, 'and was .told that the council would find that out by written protests. Mr. Taylor asked who deter- mines a health hazard and is it widespread. A woman inquired if it was too late for re- consideration on this LID. Another woman on 9M N. stated that she felt there is a definite need for sewers in the area, and that she for one had signed a petition in favor. Several other people in the audience.also stated that they had signed one of the petitionst and Capt. Shields noted that he had carried one door to door himself# and that in his block alone, he knew of 7 properties that have effluent from their septic tanks on the surface and they are all homes on top of the hill. He then asked.who individual property owners can appeal to, and was told the Engineer. Mrs. Hunter stated that she felt the people were not against the sewers going in, but against the cost, and how come the city picks up the excess cost on one LID, but not the other. (She was referring to the city's plan to pay for the costly pumping station on the Railroad Ave. LID.) A man asked about restoration of streets following installation of the sewer, and was told the final assessment roll hearing was for the purpose of complaining if the property is not restored to its original condition. A man asked the timetable of the LID as to the passage of the ordinance, etc. He was also advised of the 30 day protest period following passage of the ordinance. A man asked for information concerning the plans for construction; maps, etc. Another man wanted to know if the LID could be added to and the cost reduced as.a result. The Mayor advised him if he wished to delete a certain area, it should be presented to the council at its next regular meeting on Tuesday, September 20.. Mrs. Gould stated that some LID's are voted upon, and yet would the people who were.going to pay the bill actually be the ones who would have the vote. The answer to her question was that cities have no voting procedures such as this available to them by law; that this was done by sewer districts, etc. There was no one else in the audience who wished to be heard, and the hearing was closed. September 20, 1966 ROLL CALL Regular meeting was called to order by Mayor Maxwell with all councilmen present except Kincaid. APPROVAL OF MINUTES Minutes of the meeting of September 6M had been posted and mailed, and there being no omissions nor corrections, they stood approved as presented. HEARING: PROPOSED ADOPTION OF COMPREHENSIVE SEWER PLAN Hearing was opened on the proposed adoption of the comprehensive sewer plan, according to the recommendation in Planning Commission Resolution #182. It was explained that the.plan had been prepared and completed in July 19651 and approved by council at that time. There was no one in'the audience who wished to be heard on this subject, and the hearing was de- clared closed. It was moved by Councilman McGinne.ss, seconded by Councilman Tuson that proposed Ordinance #1227 be passed, adopting the comprehensive sewer plan. Motion carried unanimously. REPORT ON BIDS LID #152 - FRUITDALE-ON-THE-SOUND WATERMAINS Bids.had been opened on Monday, September 19 at 2:00 P.M. in the Court Chambers for the construction of watermains on LID #152. Present were the City Supervisor,: City Clerk, City Engineer, Consulting Engineer and several representatives from companies submitting bids. The bids were: Taylor Utilities Construction Co. $11746.00 $lead's Septic Tank §ystems 9:959.00 (which was later checked and found to be incorrectly figured, so their bid was actually 11,833.00 Eerkes Contracting, Inc. 169679.50 Hammond Construction Co. 119186.00 Shoreline Construction Co. 139776.90 Lynnwood Construction Co. 129665.50 It was recommended that the low bid be accepted, and a motion was made by Councilman Harrison, seconded by Councilman Tuson that the bid for LID #152 be awarded to Hammond Construction Co. as low bidder for $119186.00. Motion carried. PROPOSED ORDINANCE GRANTING REZONE As directed at the last council meeting, Attorney Murphy presented a proposed ordinance to rezone the property located on 5k S.E. on the corner.immediately west.of the Edmonds Senior High School from RML to RMH following the hearing on the appeal from Planning Commission. Resolution #181. It was moved by Councilman Olds, seconded by Councilman Slye that proposed Ordinance #1228 be passed, and a roll call vote showed 5 councilmen in favor; Tuson against, and the motion carried. MATUSKA DAMAGE CLAIM A claim had been filed against the city by George Matusks because of the backup of sewer in one of his apartments at Beach Place on August 110 1966. The claim had been filed with the city's insurance carrier, and an investigation by the insurance company disclosed that the city had not been negligent; therefore the claim had been disallowed. Mr. Matuska's claim was read to council and the City Attorney then gave the state statutes on filing of claims. ell It was then disclosed that plumbing for a future toilet had not been properly plugged on this property. Councilman-McGinness felt that the City should not handle these clail#s personally and thus set a precedent, but that the insurance company should be responsible for investi- gating all claims as in the past. He therefore made a motion, seconded by Councilman Slye that the claim of George Matuska be referred back to the insurance company for a full report. Motion carried. AUDITING OF REGULAR MONTHLY BILLS It was moved by Councilman Slye, seconded by Councilman Olds that vouchers #3994 through #4110 be approved by the Auditing Committee and the City Clerk be authorized to issue warrants from the proper funds. Motion carried. CORRESPONDENCE A letter was read from Leonard Shrock, 871 Northstream Lane, asking permission to use an ex- isting 1}4 inch water line that runs under 91� at Northstream Lane for irrigation purposes. It was moved by Councilman Tuson, seconded by Councilman Olds that Leonard Shrock be authorized to use the approximately 60 ft. of ly inch pipe subject to revocation at any time. Motion carried. A letter was received by the Edmonds Building Dept. from School District #15, signed by John Kochrian, stating that the School District is not subject to the rules and regulations of the city building department, and exempt from building permits, etc.., and that the District would use the Building Dept. rules i1i the future as guidelines only. Attorney Murphy stated that in his opinion, the School District was in error in interpreting the law in this case; that the Attorney General had ruled that School Districts would comply with county Planning Commissions; but that this meant in county areas, not cities. He felt that the.School District here must comply with local ordinances. This letter was referred to the City Attorney for study and a report at the work meeting of the council, and since council felt that in the interim the School District should be notified of the city's interpretation • of this ruling and the fact that the City of Edmonds expected the District to comply with all city regulations at the present time, the Attorney was to send a letter to this effect. Receipt of the mutual aid agreement from King County Fire District # 4 was acknowledged. PROPOSAL TO SEWER PINE BETWEEN 2ND AVE. S. & 3RD S.: THIRD AVE., SOUTH FROM PIKE A petition with 16 signatures had been received for sewering of Pine between 2nd S. and 3rd S. and on 3rd from Pine Street south. It was moved by Councilman Olds, seconded by Councilman Slye that the Attorney be instructed to draw a Resolution of Intention for this project. Motion carried. CLAIM FOR DAMAGES - GEORGE ALLEN McGOUGH Council acknowledged receipt of a claim for damages from George Allen McGough in the amount of $10,411,00 resulting from an accident with Mr. McGough's honda motorcycle and another vehicle at 162nd S.W. and 7519 P1. W. The City Clerk had.turned this claim over to the insurance company. UNIT 4 SEWER PROJECT Hearing on the preliminary assessment roll for Unit 4 had been held on September 1314, as re- corded in the Minute Book. Eight written protests were read; most of them regarding individual problems connected with the proposed sewer. They were from: Chittenden, Johnson, Nicholson, Mettert, Lund, Osier, Shaw and Knouse. Also a petition was filed with 54 signatures asking for deletion of the northeast section of the proposed LID. There was a great deal of council discussion, as well as audience participation, and following this a motion was made by Councilman Olds, seconded by Councilman Tuson that proposed Ordinance #1229 be passed, creating LID #151 for sewering of Unit 4.' Council discussion followed, and this resulted in a motion being made by Councilman Slye, seconded by Councilman Harrison that action on the proposed LID be tabled for 2 weeks, until the next regular council meeting. Thereupon Councilman Tuson withdrew his second to the original motion to pass the proposed ordinance, and Councilman Bevan then seconded it. The motion to table action came to a vote first, and a roll call showed a tie, with Councilmen Tuson, Slye and Harrison voting to table; Councilmen Olds, McGinness and Bevan against. The tie was broken by Mayor Maxwell's vote against, and the motion to table failed. The motion to pass proposed Ordinance #1229 then came before the council, and a roll call vote passed it unanimously. REPORT ON STORM SEWER SEPARATION BIDS The Engineer reported on the readiness to call for bids on storm water separation, and it was moved by Councilman Tuson, seconded by Councilman Slye that bids for storm water separation be opened October 39 1966. Motion carried. REQUEST FOR AUTHORITY TO PURCHASE CHRISTIAN SCIENCE CHURCH PROPERTY It was requested that authority be given to the City to purchase the Christian Science Church property adjacent to the Civic Center. Appraisals of this property, as well as the City's Maple Street property had been made, and it had been agreed that the City would pay $57,500.00 in addi tion to the Maple Street property in exchange for the church property. The City would take immediate possession of the church school building for city office apace, and the Church would have up to 136 years use of the church building for services. Terms were to be $25,000.00 down and the balance to be paid in 6 months or when the Church builds its new building. A motion was made by Councilman McGinness, seconded by Councilman Slye that the Attorney be authorized to proceed with the pruchase of the Christian Science Church property adjoining the • 33 Civic Center as outlined. Motion carried. It was then moved by Councilman McGinness, seconded by Councilman Tuson that the city call for bids on the sale of the Maple Street property, with a minimum price of $30,000.0O- Motion carried. CALL FOR BIDS ON CRANE FOR WATER DEPT. A motion was made by Councilman Tuson, seconded by Councilman Olds that a call for bids be authorized for a crane to be mounted on one of the Water Dept. turcks; bids to be opened October 3. Motion carried. SETTING FINAL ASSESSMENT ROLL HEARING DATES As requestkd by the Engineer, a motion was made by Councilman Tuson, seconded by Councilmen Slye that the following final assessment roll hearings be set for November 1, 1966: LID's #1379 paving Pine, 81' to 914; #141, paving 09 Dayton to Maple; #145, sewering of Alder, 814 to 9k; and #1469 watermains for the Meadowdale area. Motion carried. SETTING BID OPENING DATE FOR SHOP BUILDING PROPOSALS ' As recommended, it was moved by Councilman Tuson, seconded by Councilman Slye that the city open proposals on October 14, 1966 for the proposed shop building. Mo tion carried. COMMENDING CASCADE SYMPHONY ORCHESTRA A proposed Resolution was presented, and a motion was made by Councilman McGinness, seconded by Councilman Olds that Resolution #142 be passed, giving public recognition to, commending, • and urging support of, the Cascade Symphony Orchestra. Motion carried. SET HEARINGS ON PLANNING COMMISSION RESOLUTIONS Planning Commission Resolutions #1839 #184, and #185 were presented to council, for amending the comprehensive plan to designate as commercial Lots 6, 79 and 89 Block 4, Seattle Heights Division 4; and Lot 3 and the north 116.35 ft. of Lots 1 and 21 Forshee's Upland Tracts, and rezone the latter from RML`to BN. It was moved by Councilman Slye, seconded by Councilman Bevan that hearings on these three Resolutions from the Planning Commission be set for October 40 Motion carried. Planning Commission Resolution #186 was also presented, recommending the realighment of the terms of the Planning Commission by amending section 1.08.010 of the Edmonds City Code. It was moved by Councilman Slye, seconded by Councilman Tuson that October 4 be.set as the date for hearing on this Resolution. Motion carried. RECOMMENDATION TO PLANNING COMMISSION ON FORSYTHE LANE It was moved by Councilman McGinness, seconded by Councilman Olds that a recommendation be forwarded to the Planning Commission to hold hearings for the possible amendment to the comprehensive street plan, increasing or establishing the minimum of a 50 ft. street for Forsythe Lane between 514 and 64 and any additional'streets as recommended by the engineer. Motion carried. REPORT ON PORT COMMISSION Councilman Bevan reported that the Port Commission had recessed its hearing to Monday, September 2614 to take further action on the proposed expansion of the boat harbor. • There was no further business, and the meeting adjourned. City Clerk or MONDAY, OCTOBER 39 1966 Hearing on the Final Budget for 1967 was opened by Mayor Maxwell, with Councilmen Tuson, Slye, McGinness, Kincaid and Bevan present. There were no comments from the audience, and the hearing was closed after council went over each item in the proposed budget. Hearing was then continued to Tuesday, October 4 at 8:00 P.M. OCTOBER 4, 1966 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Maxwell. All councilmen were present except Slye. Councilman McGinness was not present for the first four roll call votes. APPROVAL OF MINUTES The minutes of the meeting of September 20 had been mailed and posted. There were no omissions • nor corrections, and the minutes stood approved as presented.