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19700721 City Council Minutes�UU Attorney be instructed to draw a Resolution declaring the intent of the City of • Edmonds to become a non -charter code city, retaining the mayor -council form of government, and adopting RCW 35A for instituting the, optional municipal code. Motion carried. ACCEPTANCE OF LID #167 PROJECT With recommendation.of the City Engineer, a motion was made by Councilman Slye, seconded by Councilman Sanborn that -the City accept as completed LID #167, paving project on Forsythe. Lane from 5+h to.6b, and the hearing on the final assessment roll be set_�for August 18. Motion carried. ;. QUESTION OF PUBLIC ACCESS TO CITY BUSINESS LICENSE RECORDS There had been a request by an answering service to use the city records of business licenses for compiling a list to contact for business reasons.. Since these records were used by the police, building and fire departments, and in some cases contained information that was not considered of a public nature, council was asked to decide whether or not they should, be released to anyone asking for their use.. Following some discussion, it was moved by Councilman Haines, seconded by Councilman Kincaid that the city reaffirm the policy made in the past of not releasing non-public records for private business information and use. A:roll call vote resulted in all councilmen voting in favor except Slye and Nordquist, and the motion carried. SET DATE FOR BID OPENING ON LID #181 A motion was made by Councilman Slye, seconded by Councilman Kincaid that bids on •LID #181, paving of Walnut Street between 7+h and 9Lh, be opened on July 30. Motion carried. • SET PRELIMINARY ASSESSMENT ROLL HEARING -RESOLUTION OF INTENTION #233 Following the recommendation of the City Engineer, a motion was made by Councilman Slye, seconded by Councilman Nelson that the proposed UAB project for paving of 84!b Avenue W. between 2121h S.W. and the south city limits be set for a hearing on the preliminary assessment roll on August 4. Motion carried. There was no further business to come before this meeting, and it was adjourned at 11:20 P.M. Irene Varney Moran, City Clerk H. Harrison, Mayor July 21, 1970 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present. APPROVAL OF MINUTES Councilmen Sanborn noted that the minutes of the meeting of July 79 under the pre- liminary assessment roll hearing on Resolution of Intention #232, should state that the property owners involved in the LID would be advised of the firm figures on underground wiring as obtained -by the City Engineer. There were no other omissions • nor corrections, and the minutes stood approved as corrected. PLAT OF O'MALLEY'S ADDITION The final plat of O'Malley's Addition had been continued from the recessed meeting of June 23, City Engineer Leif Larson reported on the 20' dedication request by the City, as well as the storm drainage and asphalt over the drainage area requirement by the Engineering Dept. He recommended that these minimum requirements be met by the platter. Mr. Johnson, speaking in behalf of Mr. O'Malley, noted that dedications and vacations over the years left the present width of the street at 40, where this property is located. They were, however, concerned with having to dedicate 20, and also have the additional expense of the drainage and paving over the drainage area. This would mean losing one lot, and Mr. O'Malley stated he was willing to give 10' and the improvements, but not 20' and the improvements. He felt if he gave 101, the other side of the street could also donate 101. Councilman Sanborn thought it was .better to have the improvements and 101, making a total R/W of 50' instead of the required 60' by the engineering standards, but he felt this would certainly be adequate in this area, especially if the SW corner of the O'Malley property were deeded to help straighten the curve. Councilman Slye supported the recommendation of the City Engineer. Councilman Tuson stated that he agreed with the thinking of Councilman Sanborn. Councilman Kincaid asked the City Engineer about the recommendations on streets in this area and if he felt a 60' R/W was necessary to construct the street with improvements as requested. Councilman Haines felt this was an engineering problem and the council should go along with the recommendations, and he therefore made a motion, seconded by Councilman Slye that the council approve the final plat of O'Malley's Addition subject to the recommenda- tions of the -City Engineering Dept. in regard to the improvements -and standards. A. roll call vote resulted in Councilmen Nelson, Slye, Nordquist, Kincaid and Haines voting in favor; Sanborn and Tuson against, and the motion carried. • 101 PROPOSED ORDINANCE ON HORSES City -Attorney James A. Murphy presented the proposed ordinance for regulation of horses, originally presented and amended at the mee'ting'of July 7• There was some council concern over the section regarding the signing of a complaint by three people, since this did not specify whether ornot the people must be from three separate households. There was also discussion on adding the word "contiguous" before the 12,000 Square feet. It was moved by Councilman Sanborn, seconded by Councilman Nordquist to amend the paragraph at top -of page 3 to remove the word "conclusively" before the phrase "presumed to be=inadequate sanitary conditions". Motion carried. Jim Mueller, 209 Casper, stated that the ordinance should be regulartory and not restrictive. He noted on page 2 that the registration fee should be realistic to cover all aspects of enforcement, but that the 4H members and members of recog- nized clubs of this calibre, who police within their own groups, should be given a reduced rate on the fee. He also suggested that the Poundmaster be the individual responsible for handling regulation. On the open space, he felt 12,000 and 89000 feet was too small an area, and in regard to waste disposal he cited good grass stands as being a help to stop pollution by this waste. 'Mr. Mueller called the e attention of council to the State Board of Health rules and regulations on flies, odors, etc. He added that citizen's complaints should be investigated to make sure the petition is for a real nuisance, not just harassment. He felt that when com- plaints came before the Board of Adjustment, someone representing the 4H Club should be consulted to sit on the Board as an advisory member. Following more discussion, a motion was made by Councilman Nordquist, seconded by Councilman Tuson that section 3.30.100 of the proposed ordinance be amended to state • that a complaint petition be signed by not less than two persons residing in two separate residences within the immediate area. Motion carried. It was moved by Councilman Slye that annual registration fee be amended to read $5.00 instead of $1.00, to be more in line with costs of licensing dogs in the city. This motion died for lack of a second. A motion was then made by Councilman Nelson, seconded by Councilman Kincaid that pro- posed Ordinance #14899 as amended, be passed, and the motion carried with Councilman Slye voting against. OPTIONAL MUNICIPAL CODE _ First reading was held on a proposed resolution for instituting the Optional Municipal Code in the City of Edmonds. DISCUSSION ON SKIN DIVING AFTER DARK AT PUBLIC BEACHES _ It was suggested that any action on regulation of skin diving should be postponed until the City receives a lease from the -Port and then incorporate this in the Under- water Park ordinance. There were 'several complaints from skin divers in the audience, who stated that night diving was popular and•not dangerous, and perhaps the proposed ordinance could state that divers should be experienced and be members of a recognized diving organization. e Further discussion followed, with a motion then made by Councilman Tuson, seconded by Councilman Kincaid that this item be postponed to August 18. Motion carried. e° - • BURLINGTON NORTHERN RR PROPOSED TIDE WATER LAND FILL Chief Administrative Officer D. C. Lawson announced that the Burlington Northern Railroad had prepared a news release for the following day, in which they state that plans to relocate trackage west of its current line along Puget Sound between Everett and Seattle have been discontinued. No such relocations are contemplated along the Sound frontage within the corporate -limits of the City of Edmonds. They added that a relocation at any point along the Sound could be proposed if the instability of the banks along the railroad's R/W should become a critical threat -to the safe oper- ation of its trains. CAO Lawson introduced George Inman,.Attorney for the Railroad, and Don Dahl,'Train- master out of tverett. He noted that channels of communication are now open with these representatives of the Burlington Northern, and item #8 on tonight's agenda having to do with train speed limits should also be deferred until discussion has taken place in the near future with the City Engineer, Attorney, and the Railroad representatives. Councilman Sanborn inquired if the City could be advised by the .Railroad of any proposals involving the city along the Sound area should they come up in:the future. The gentlemen answered that they would try to see that Edmonds is notified, but that it was difficult to promise this with changes`in personnel, etc* over a period of time. Mr. Inman also stated he would appreciate being able to con- sult with city officials in regard to .the train speed limits. The City Attorney and Engineer will represent the City at these meetings. Councilman Nplson.added that he hoped talks could extend to include underground wiring along the tracks. It was moved by Councilman Slye, seconded by Councilman Tuson that item 8 on the agenda be continued to September 19 but this motion was later withdrawn. A motion was then made by Councilman Haines, seconded by Councilman Nelson -that Items 7 and 8 be tabled until further discussions have been held between the City • representatives and those from Burlington Northers. Motion carried with Councilman Sanborn voting against. Councilman Sanborn moved to amend the motion to delete • items 7 regarding the tide water land.fill. This was seconded by Councilman Nordquist, and the amendment carried. Vote on the motion as amended also carried. It was moved by Councilman Tuson, seconded by Councilman Sanborn that no further action be taken on agenda item 7 (land fill). Motion carried. CONSIDERATION OF ADVERTISING FOR NEW POLICE CHIEF In regard to advertising for a new police chief, a motion was made by Councilman Tuson, seconded by Councilman Nelson that the Mayor be authorized to instruct the Civil Service Commission to begin advertising and examinations for'selection of a new police chief. Councilman Sanborn moved to amend the motion to add that a new chief be installed no earlier than January 1, 1971. This amendment was seconded by Councilman Nordquist, and the amendment failed. Vote on the original -motion then carried. i DISCUSSION OF SALARY OF ACTING POLICE CHIEF Councilman Sanborn moved, seconded by Councilman Nordquist that the salary of the Acting Police Chief be raised to the $1030.00 per month rate of the Chief of Policev. effective as of May 1 of this year. Motion carried. Mayor Harrison read to council a letter he had written to the Civil Service Commission listing his recommendations on requirements for candidates for Police Chief. CONSIDERATION OF REORGANIZATION OF POLICE DEPT. AS PER PRIOR REPORT In regard'.to the proposed reorganization of the Police Dept. as per the Prior Report it was moved by Councilman Nordquist, seconded by Councilman Nelson that this be • postponed until a new Police Chief is hired. Motion carried. SET DATE FOR HEARING ON PLANNING COMMISSION RESOLUTION #334 Planning Commission Resolution #334 was presented for setting a hearing date before council. This is in regard to apartment standards on housing for the elderly. A. motion was made by Councilman Kincaid, seconded by Councilman Nordquist that hearing on Planning Commission Resolution #334 be set for September 15. Motion carried. CORRESPONDENCE A letter was read from Fire Chief Cooper requesting an ordinance for establishing controls on burning within city limits. Assistant Chief Klein was present and re- ported on the present controls. Council asked that Chief Cooper attend the next council work meeting to explain his request so that they might study the matter be- fore any action is taken. A letter was received from Bert L. Cole, notifying the Mayor about a meeting in re- gard to applications for oil and gas leases and inviting attendance at the North Junior High School Auditorium in Everett on July 23 from 7 to 10 P.M.. Mayor Harrision stated he would attend. It was moved by Councilman Sanborn, seconded, -*.by Councilman Haines that the Mayor be asked to attend this meeting and express the feelings of the City of Edmonds against any leasing of Puget Sound for oil or gas purposes. Motion carried. It was announced that an article written by Kenneth Estes, a member of the Edmonds Police Dept., had been used in a national publication for Junior and Senior High Schools. • AUDITING OF BILLS A motion was made by Councilman Haines, seconded by Councilman Nordquist that the following LID bills be approved for payment:: LID #164 - $489.29 to Co C. Landscaping, Inc. for lawn restoration work and the City Clerk be authorized to issue an interest bearing warrant to Grande & Co., Inc. in the same amount to cover this billy LID #167 - $144.70 to Pittsburgh Testing Laboratory for soil testing; $316027 to James A. Murphy for legal services, and the City Clerk be authorized to issue an interest bearing warrant to City of Edmonds in the amount of $460.97 to cover these bills; LID #173 - $125.00 to Edmonds City Treasurer for envelopes and stamps for the LID; $26.20 to Edmonds Tribune Review for legal publications, and the City Clerk be authorized to issue an interest bearing warrant in the amount of,$151.20 to cover these bills; _.- LID #176 - $500.00 to Arthur A. & Rosie Anderson for payment for property by Quit Claim, and the City Clerk be authorized to issue an interest bearing warrant to City of Edmonds in the same amount to cover; LID #181 - $28.35 to Edmonds Tribune Review for legal publications, and the City Clerk be authorized to issue an interest bearing warrant to City of Edmonds in the same amount to cover this bill. Motion carried. A motion was made by Councilman Haines, seconded by Councilman Nordquist that warrant #61 to 'Tri-State Construction, Inc. for $3,783.33 for estimate 3, watermains and sewers and #62 to City of Mountlake Terrace in the amount of $587.50 for participation • • Y033 in cost of the box culvert at Hall Creek Crossing of 2260'be approved and the City Clerk be authorized to issue warrants against the 1967 Water -Sewer Revenue Bond Issue in payment of these bills. Motion carried. It was moved by Councilman Haines, seconded:'.by Councilman Nordquist that vouchers #10,975 through #119151 in the total amount of $200,'987.28'be approved and the City Clerk be authorized to issue warrants in payment of these regular monthly bills. Motion carried. AUDIENCE PARTICIPATION Bill Caspers inquired about the PUD on underground wiring and asked if they had re- ported to the City on estimated costs. Although no firm figures has as yet been received, CAO Lawson reported that he had been informed that the PUD did have a rough draft now on the information they would be sending to the City. Councilman Sanborn suggested that the City Engineer contact the PUD for firm figures immediately. COUNCIL PARTICIPATION Councilman Haines asked for a report on the amount of work accomplished on repair and maintenance of the City streets, and Ron Whaley will have this ready for the next council meeting.. Councilman Nelson asked (1) that the City extend a continued thanks to the young people who had conducted the clean-up of Sunset Beach and are continuing with this project;; (2) asked that the CAO put together an annual report to be sent to all citizens with their water bills; and (3) that in regard to the retirement funds under Social Security, the City Attorney be instructed to issue a formal written • report on the pros and cons of stopping the deduction of Social Security tax from Fire and Police wages, and its effect, if.any, on the entire city position as regards the Employment Security Dept. Councilman Nelson also asked where the city now stood on the Meadowdale Cor;munity Club proposal. Councilman Haines said he had received no comment -on the offer as yet. CLAIMS FOR DAMAGES Claims for damages were acknowledged from Donald P: Lawson, Clarence Edward Bowman, Sr., and James S. Shilson. These were referred to the City Clerk for processing. ORDINANCE AUTHORIZING CONDEMNATION ON 9b - MAIN TO WESTGATE - A motion was made by Councilman Haines, seconded by Councilman Nelson that proposed. Ordinance #1490.be passed, authorizing proceeding with condemnation action for R/W acquisition needed to complete the street improvement on 9b Avenue from Main to Westgate. Motion carried. Margaret Kenny had a question on conflicting surveys on 9b S. Several people in the audience expressed concern for what they alleged was.the city's policy of offering rockery if land is donated and no rockery if it must be condemned for refusal to accept the city's offer of.purchase. One.gentleman complained about the methods he said were used on property owners, but he refused'whe.n asked to give his name and address for the record; however, he stated he would send a signed letter instead., AUTHORIZATION FOR UTILITY DESIGN WORK ON SR 104 A motion was made by Councilman Tuson, seconded by Councilman Nelson that the Mayor • be authorized to execute an agreement for utility design work on SR 104 by the Con- sulting Engineers. Motion carried. EXTENSION OF RETIREMENT DATE FOR D. C. LAWSON It was moved by Councilman Sanborn, seconded by Councilman Tuson that the city ex- tend the retirement date ooff¢h�If oVnV11e strative Officer D. C. Lawson from Sept. 19 1970 to the expiration date o he.,present Mayor, December 319 1971. Motion carried . FUEL OIL BIDS A motion was made by Councilman Tuson, seconded by Councilman Nelson that July 319 1970 be set as the date for opening bids on supplying the City with fuel oil from August 19 1970 to July 1, 1971- Motion carried. 0 There was no further business, and the meeting was adjourned at 11:35 P.M. 1_altyte a," Ao.�� Irene Varney Moran, City Clerk Aug 4, 1970 ROLL CALL H. Harrison, Mayor Regular meeting was called to order by Mayor Harve Harrison with all councilmen present except Nordquist, who is on.vacation.