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19730109 City Council Minutes• 6rS � 3 e ► w Y AUTHORIZE MAYOR TO SIGN SNOHOMISH HEALTH DISTRICT AGREEMENT The Public Health Contribution Agreement from the Snohomish Health District came before council for action. The payment for 1973 for each',member of the Health District is set at 75c per capita, unchanged from the present charge, and this Agreement is a statement of understanding concerning this payment. It was moved by Councilman Tuson, seconded by Councilwomah..Shippeh to.autho:rize the Mayor to sign the Snohomish Health District Agreement. Councilman Nordquist- stated that he had served on the Board for a year, and because it is difficult for him to attend the meetings, he asked that someone else from the council be appointed to replace him. Mayor Harrison noted that Councilman Tuson had also asked to be taken off the Transit Board, since he could not attend the morning meetings, and the Mayor asked for any volunteers from the council who would like to serve in either of these two openings to please contact him. The motion to authorize the Mayor to sign the Agreement then carried. . SECOND READING: PROPOSED ORDINANCE TO REDUCE FEES ON APPEALS TO BOARD OF ADJUSTMENT Second reading was heard on the proposed ordinance amending section 12.01.080 of the Edmonds City Code, reducing the fee to be charged for appeals to the Board of Adjustment from interpretations of the Building Inspector or City Planner from $25 to $10. Mayor Harrison reminded council that this had come about because of a letter received from Mr. Olson, and the Mayor had felt it justified and had suggested that the fee on an appeal of this nature should be reduced. When asked by council, Building Official Harry Whitcuttoanswered that there were very 'few appeals of this type. ' A motion was made by Councilman Gellert, seconded by Councilman Haines that pro- posed Ordinance 41632 be passed, reducing the fee from $25 to $10 for certain appeals, and the motion carried. PROPOSED 1973 SALARY ORDINANCE In,regard to the proposed 1973 Salary Ordinance, Mayor Harrison recommended that Council hold an executive session or two to go over the salary suggestions.. It Was therefore moved by Councilman Gellert, seconded by Councilwoman Shippen that council hold an executive session at the end of this meeting to go over the pro- posed salary ordinance for 1973, and the motion carried. Meeting was then adjourned at 8:50 P.M., with executive session to follow. 1 75::::i 1 2�� Ae_�� Irene Varney Mora , City Clerk January 9, 1973 R(1T.T. rAT.T. y .. Harve H. Harrison, Mayor The regularinmeeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison, with all council members present. APPROVAL OF MINUTES • Minutes of the meeting of January 2, 1973 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Tuson said he had read recently in the Western Sun that the Planning Commission had voted not to encourage traffic in the downtown area. He inquired if councilwoman Shippen had attended that particular meeting. She said it was her understanding that they were discouraging signing of the streets if they were labeled "scenic". Councilman Gellert asked if the City had received its second revenue sharing check yet? Mayor Harrison said that one had been received in the amount of $717488.00. This is less than the last check and the reason is that the Treasury Department is holding a 5% reserve to facilitate future adjustments for this entitlement allocation. The Secretary will keep the books open for the first and second entitlements until the -recipient'. is satisfied that the data base is correct. Councilwoman Shippen noted that one of the suggested uses for revenue sharing funds was for fire hydrants. She wondered if the staff was waiting for recommendations from the Council or if it.is now being prepared. CAO Ron Whaley stated that he is preparing this material. Councilwoman Shippen then said she would like to make a motion that the Engineering Department present to the Council the cost of undergrounding from 9th at Westgate to the limited access area near Paradis-- Lane. The motion was seconded by Council- man Gellert. During the discussion that followed, Councilman Nelson asked if the Council could havea report in two -weeks. On call for the question, the motion carried. 0 �y4 • Item 6 on the agenda regarding Olympic View Water District was postponed until later in the evening to allow time for commissioners to arrive. PRELIMINARY PLAT AND PRD OF BROOKACRES - 6.5 ACRES - 14 LOTS AT 76th AVE. W. NEAR MEADOWDALE BEACH ROAD. FILE PRD-1-71. Councilman Haines.asked that the 'record. show that he was stepping down from the platform and would not vote on this matter. City Planner, MerlinLogan described the plat.to the Council and stated that originally the developers had asked for 21- lots, but they are not planning to develop Tract "C" at this time. He said there would be a homeowner's association to maintain a 21-2 acre park which is a part of the development. A proposed homeowner's document has been submitted to the City. Councilman Tuson asked about the roads in the area. Mr. Logan replied that the private road will be 20' wide and the culdesac would be 28' wide with the end of the culdesac being a 36' radius of paving. During further discussion, Councilman Gellert noted that Tract "C" is landlocked. He asked what could be done in a case such as this in order to gain access. City Attorney Murphy said that according to State Law you can condemn your way out if you are landlocked. Councilman Haines, who resides at 16420 - 76tb West, said he would like to speak about Tract "C". He thought that this tract could -be included as a part of Tract "B" or that some provision could be made to provide'_accdss::to�Tract'.':C"-kather than to go into imminent domain proceedings in the future. He said he thought it was riot good practice to create landlocked parcels of land. Following further comments, a motion was made by Councilwoman Shippen and seconded by Councilman Gellert that hearing on this matter be continued for two weeks because the present plat is not acceptable and we want access to Tract "C" provided for before further discussion. Motion carried. • PRELIMINARY PLAT OF ZINGLER ADDITION - 2.8 ACRES - 8 LOTS AT FOREST DELL DRIVE NEAR 94th AVE. W. FILE P-5-70. City Planner, Merlin Logan, briefed the Council on this plat which lies on the east side of Olympic View Drive where it splits off from Olympic Avenue. The zoning is RS-12 and all of the lots are 12,000 sq. ft. or larger. There was considerable discussion regarding streets, undergrounding, the grade of Forest Dell Drive, etc. Following this, Councilman Gellert made a motion seconded by Council- man Nordquist to accept the plat subject to Engineering and Planning requirements. Councilman Nelson stated that he wished to speak against .the plat because of inadequate access to the property to the north of the plat. Councilman Nordquist pointed out that we were talking about two different ownerships. City Attorney Murphy said that the owner to the north of the plat could not condemn his way out of his own property over some one else's property when he has abutting access. On call for the question, the motion carried with Councilman Nelson voting against. REQUEST OF OLYMPIC VIEW WATER DISTRICT FOR TRANSFER OF WATERMAINS TO CITY OF EDMONDS Walter Mitchell, Superintendent of -the Olympic View Water District, introduced Mr. Culbertson, Chairman of the Board of Water Commissioners. Mr. Mitchell asked Mayor Harrison to read the letter which had been received by the City from Olympic View making this request. The letter stated that Olympic View would like to transfer its interest in two 4" steel water mains along both sides of Edmonds Way extending from 98th Avenue to 5th Avenue in the City of Edmonds. They would like the City to consider an agreement whereby the City would own the pipelines, but Olympic View would continue to supply the customers served by these pipelines until such time as the City would incorporate these pipelines into the water system o • the City. City Engineer, Leif Larson, said that about a year ago the City passed an ordinance saying that when streets are improved, any sub -standard line in the right-of-way should be replaced with standard lines, which are a minimum size of 6" cast iron. He said that if the City had to bear the expense of the replacement, he would recommend against it. He noted that John Wallace was to contact the Assistant Attorney General and give him the history of this matter. Mr. Murphy said that the Assistant Attorney General's Office had called today and turned down the thought of the State picking up the estimated cost of $81,000 to replace the lines. Mr. Mitchell remarked that when the lines were put in originally they were put in outside the blacktop, however during subsequent street widening the lines were covered with blacktop. The section to which he referred was that serving Union Oil. He feels that with the present work being done on Edmonds Way, the same situation will occur. For this reason they are asking that Edmonds take over these lines and maintain them. Mr. Murphy said that he would have to say no based on the reply received today from the State. Mr. Mitchell stated that in that case he would have to recommend to the Commissioners that Olympic View give these lines to the City of Edmonds. Following more discussion, Mr. Larson said he felt we should wait until the letter is received from the Attorney General's Office before we consider this matter any further. A motion was made by Councilman Tuson and seconded by Councilman Nordquist to table this matter until we find out who is going to pay for it. Motion carried. PRESENTATION OF PLANNING COMMISSION RESOLUTIONS: 4394 - This is a resolution to the City Council of the City of Edmonds recommending that the Mayor of the City of Edmonds reconsider his policy regarding the appointment of members to the various boards of the City. The Mayor said he would be glad to reconsider. LJ #395 - This is a resolution to the City Council of the City of Edmonds recommending denial of a proposed amendment to the Comprehensive Plan of the City of Edmonds to create a scenic or recreation street plan. Mr. Logan stated that the Commission felt there was a lack of interest in this plan, and that it might generate more traffic on residential streets. Councilwoman Shippen said it was her understanding that there would be no signing on these streets and, therefore increased traffic flow would not be a problem. A motion was made by Councilman Nordquist and seconded by Councilman Winters to uphold the denial of the Planning Commission. On call for the question, the motion carried, with Councilwoman Shippen voting against. #396 - This is a resolution to the City Council of the City of Edmonds recommending denial of a proposed amendment to the Official Zoning Ordinance of the City of Edmonds requiring proof of ownership for rezone requests, subdivisions and plats. City Planner, Merlin Logan explained the Planning Commission!.a feeling on this item. Mr. Logan said he feels that we do have a rather good method for determining ownership of property coming up for rezones, subdivisions and plats. A motion was made by Councilman Nelson and seconded by Councilman Gellert to uphold the Planning Commission's recommendation to deny. Councilman Haines said he thought the ownership should be very well delineated and owner should be completely aware of any property coming up for rezone without his permission. Following some further discussion, the motion carried. Councilman Haines then made a motion seconded by Councilman Nordquist that new applications for rezone be submitted in the form of an affidavit. Motion carried. SET HEARING DATES ON PLANNING COMMISSION RESOLUTIONS: #399 - Recommending approval of vacation of 25 foot street R/W at 21088 and 21088 - • 88th Pl. W. as petitioned by Bennett Box and Howard Parrett, owners. A motion was made by Councilman Nordquist and seconded by Councilman Nelson to set Januarv`23_ as the date for hearing Planning Commission Resolution #399. Motion carried. #400 - Recommending certain properties described in Planning Commission File AZ-2-72, recently annexed to the City and zoned by County as Rural Use, be rezoned to CW. A motion was made by Councilman Nelson and seconded by Councilman Nordquist to set January 23 as the date for hearing Planning Commission Resolution #400. Motion carried. 1973 SALARY ORDINANCE CAO Ron Whaley reported that last week during an Executive Session the Council had more or less agreed on a dollar amount for Staff and Supervisory positions, and on the basis of ranges for all other employees. He noted that last September the Council asked the administration to adjust salaries to mid -point on the curve as indicated by the Prior Report. Subsequent to this, it was found that, due to the rules and regulations of the Wage Board, each bargaining unit must be considered separately and not the City as a whole. The CAO offered two plans for consideration by the Council. Plan A indicates the salary per month per position as agreed upon in Council Executive Meeting. Plan B indicates the monthly salaries proposed pending approval of the Wage Board in our Application for Exemption. A motion was made by Councilman Nelson and seconded by Councilman Tuson to pass Ordinance 1633 adopting what the CAO has set forth as Plan B whereby we will implement the salaries that are within the Wage Board's allowable amount and at time we receive the Wage Board's final action on our Application for Exemption, we would bring to the Council a request for modification or revision to the 1973 Salary Ordinance. Councilman Nordquist said that he would not vote on this matter as he did not attend the Executive Session last week. Councilman Winters stated that he was . not here last week and would also abstain from voting. On call for the question, the motion carried. CLAIMS FOR DAMAGES Council acknowledged receipt of a Claim for Damages from Mrs. Donald R. Dickson and Mrs. Veronica L. Hurst. They were referred to the City Clerk for processing. CAO REPORT CAO Ron Whaley stated that back in Septemb er during discussion of salaries a motion had been made relative to the establishment of a Personnel Review Board. At that time it was noted that this Board should be composed of five people: one elected official, one from administration, one uniform member, one from Public Works and one from office staff. Mr. Whaley said he would like the Council to instruct the City Attorney to draw an ordinance establishing this review board. Following some discussion, a motion was,,.made by Councilman Gellert and seconded by Councilman Nelson to instruct the City Attorney to draw up an ordinance establishing a Position Evaluation Board and dutieswd�sisions of the Board to be brought to Council for final action. Following considerable discussion, the motion carried. Councilwoman Shippen then said she would like a woman on this Board at all times. Herb Gilbo, Director of Maintenance and Operations, reported that on January 8, the City Clerk opened bids on a 1962 Corvair Van which had been properly advertised in the local papers. Notice had also been sent to four -wrecking yards in the area. Two bids were received, one for $60.00 and'one for $110.00. He asked for approval from the Council to accept the $110.00 bid. A motion was made by Council- man Nordquist and seconded by Councilman Winters to authorize acceptance of the $110.00 bid for the 1962.Corvair Van. Motion carried. 0 • There being no further business to come before Council, the meeting adjourned at 10:25 PM. Irene Varney Mo an Cit lerk Harve H. Harrison, Mayor January 16, 1973 ROLL CALL Regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison, with all council members present except Nordquist. APPROVAL OF MINUTES Minutes of the meeting of January 9 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Mayor Harrison welcomed a group of students in the audience, and a spokesman said they were from a History Class at Woodway, and had come to observe. Councilwoman Shippen brought up the matter of the Senior Citizens hot lunch program and the letter from Deputy City Attorney Wallace regarding the con- tribution council had voted upon at a previous meeting. It was noted that such monies cannot be appropriated from the general revenues of the City, which is prohibited by state law. The question as to whether or not these monies might'be appropriated from revenue sharing funds apparently is also in the negative. The Attorney had stated that the State Auditor's office had sent a preliminary opinion that such a function is in the nature of a welfare appropriation and that welfare has traditionally been a function of the state, and not of individual municipalities, and that neither general funds nor revenue sharing funds could be used for this purpose. However, the State Auditor's office believes an opinion is forthcoming from the State Attorney General, and the Deputy City Attorney therefore advised that the matter be postponed on this particular appropriation until the purported Attorney General's opinion is published in respect to this matter. Council- woman Shippen stated that she would like to direct the Attorney to contact the State Auditortfor the Attorney General's opinion on financing of this hot lunch program from January 1973 to May 1973, and also an opinion as to what prevails in regard to state or revenue sharing information. Council- woman Shippen made this in the form of- ;a motion, modified to request that Councilman Nelson, now a state legislator, directly contact the Attorney General's office in behalf of the City. The motion was seconded by Council- man Haines, and carried. Deputy City Attorney John Wallace said he would draft a letter and Councilman Nelson answered that he would then hand carry it to Olympia. CORRESPONDENCE The City Clerk read a petition, sighed by 14 people, residents of Northstream Land and one each from Talbot Road and from 9th Avenue N., stating that they were not in favor of having a fountain constructed at Fifth and Main Streets. A letter was read from Roberta Peterson, urging council to work out a plan for development of the City and again stating her opinion that a fountain at the Fifth and Main intersection would be a mistake. HEARING: FINAL ASSESSMENT ROLL - LID #185 Hearing was held on the final assessment roll for LID #185, Phase III of the UAB project on 76th from 196th to Olympic View Drive. City Engineer Leif Larson gavea brief rundown on this Phase III for council clarification, and also gave figures from the final cost sheet on the project. Hearing was then opened. There was no one in the audience who wished to comment, and the hearing was therefore closed. It was moved by Councilman Nelson, seconded by Councilman Haines that proposed Ordinance 41634 be passed, approving and confirming the final assessment roll for LID #185, and the motion carried. HEARING: PLANNING COMMISSION RESOLUTION #397 Hearing was held on Planning Commission Resolution 4397, recommending the adoption of an ordinance to create a Design:Commission, File ZO-5-72. City Planner Merlin Logan gave the council background on this proposal, and stated that during Planning Commission hearing, there was virtually no public comment; that perhaps two people had attended and they supported the proposal. i�r. Logan added that there would have to be a number of amendments made to the Planning Code if the ordinance went into effect. He said that Council was being asked for their feelings of approval and direction in order to give the Planning Commission consensus of opinion on whether or not it should then go over the necessary amendments throughout the zoning code. • I • 1 40