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19730410 City Council Minutes438 to set hearing for April 17 on Planning Commission File #R-1-73. Carried. • PREPAYMENT ORDINANCE LID 4186 - UNDERGROUND VIRING -,SUNSET FROM CASPER TO EDMONDS. Mr. Dewey Leyda, who was in the audience, stepped flollrlward and read a property description that had been published in the Tribune -Review. He stated that a street light had been installed outside of their boundaries, but that they had been charged for it. He also questioned the amount of the PUD bill. Another item was the interest which was charged. After some discussion, a motion was made by Councilman Nordquist and seconded by Councilman Gellert to pass Ordinance 41653 stating that the cash pre -payment period for LID 186 has expired. The motion carried, with Councilman Tuson abstaining from voting as he is one of the residents in this area. PREPAYMENT ORDINANCE LID 4189 - SEWERS - 85th PLACE WEST A motion was made by Councilman Nordquist and seconded by Councilman Winters to pass Ordinance 41654 stating that the cash pre -payment period for LID #189 has expired. Motion carried. SNOHOMISH COUNTY TRANSPORTATION STUDY REPORT City Engineer, Leif Larson reported on this item. He placed a map on the bulletin board and indicated certain areas that had already been brought to standards as mentioned in this study: He reminded the council that on May 18th he made a presentation of the plan which indicated what was being done. Then in June a discussion was had on the street standards, and it was the recommendation of the City, that the design standards of the streets in the City -of Edmonds be no higher than those that we had adopted. This was written in.a letter to the Technical Coordinating Committee, however they did put higher standards in the Transportation Study. Mr. Larson felt that we should use this only as a guideline. Mr. Larson stated that no motion was needed tonight, but that he would recommend we have a resolution at some future date to adopt portions of this map. PROPOSED RESOLUTION INDICATING EDMONDS' PLAN TO CONFORM TO PUBLIC LAW 92-500 BEFORE JULY 1, 1977. This is a resolution to authorize application for a grant for upgrading the sewage treatment facilities pursuant to the Federal Pollution Control Act under Public Law 92-500, October 18, 1972. Councilman Nordquist read a portion of a memo which had been sent to Gary Nelson by R. Jerry Bollen, of the Washington Department of Ecology wherein "secondary treatment" is defined. It had been defined as 11850/'0 removal of biochemical oxygen demand and 90% removal of suspended solids from domestic wastes with adequate disinfection". This definition had been challenged by the EPA in recent months. A draft of a regulation proposal was circulated with the result that this definition was pulled back for revision, so there still is no definition. A motion was made by Councilman Gellert and seconded by Mayor Protem that Resolution #276 be adopted. There was some discussion regarding the Mountlake Terrace Industrial Park. Councilman Tuson asked that when the time comes we should review the Mountlake Terrace Sewer Contract. Following a roll call vote, the motion failed with Councilmen Tuson, Nordquist and Winters voting no. There being no further business to come before council, the meeting was adjourned at 10:00 P.M. Irene Varney For n, City Clerk April 10, 1973 ROLL CALL v �i,6) _C atali'e,Shippen, a�Protem Regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Protem Natalie Shippen, with all council members present except Anderson, who has been excused, and Nelson, who had phoned to advise he' would be in Olympia for the Legislative session this evening. APPROVAL OF MINUTES Minutes of the council meeting of April 3 had been posted, mailed and dis- tributed. Councilman Nordquist stated that on Page 2 under Audience Parti- cipation, Mr. Joe Mueller should be corrected to read Mr. Jim Mueller. With no other corrections, the minutes were approved as corrected. COUNCIL PARTICIPATION 1 1 • 1 Councilman Nordquist stepped down from his council seat to the audience podium to address the council. He stated that he was representing the citizens of the Ballinger area. He asked council to note that the audience was empty of anyone from this particular group since he had asked the people • • 439 to stay home this evening so that he might present this problem to the coun- cil first and see if some positive action would be taken as a result. Mr. Nordquist told council that the people in the Ballinger area are very unhappy and frustrated with the city's action. He noted that on November 14, 1972 the people from this Ballinger area had appeared before council on behalf of the safety of the children there, asking for no .through trucks, a 20 mile per hour speed limit during the time children are going to and from school, and other signs and recommendations for safety to protect the children. At that time, council had been agreeable and had moved to have the Staff take any action-necessary"tb--support the safety factor here on 76th. However, although he understood studies were being made, five months have gone by and the only action has been posting of two signs on 76th stating a 5 Ton Load Limit. The Highway Department had placed two left turn green arrows at 244th for traffic purposes. Mr. Nordquist told council that the Ballinger people were asking (1) that the City help them by writing a letter to the Highway Department asking to have one arrow point straight south to Meridian, and (2) help to have installed a red flashing light at the 236th and 76th intersection. He then introduced Roger Bergh, a member of the Mountlake Terrace Planning Com- mission and Vice President of the Ballinger PTA, who spoke in behalf of the Ballinger citizens. Mr. Bergh said he represented 400 to 450 families in that area. He had talked to the Highway Department and found that the reasons for the arrows were due to the accident pattern and for a gain of 20 seconds on traffic movement speed, and that -much of an increase did not seem worth the other possible consequences. Councilman Gellert then asked if the city couldn't enforce the load limit law, and Police Chief Foster answered that there was no positive method to control truck traffic; it was very difficult to judge trucks on load limits unless they were marked. He noted that one citizen had phoned a trucking company and advised them about the • load limit, and this helps. He went on to say that it was not possible to positively control speeding, since a patrol car wouldn't be in one particular area at all times. Mayor Protem Shippen said that she felt people were con- cerned with safety, and there were certain needs at certain times, so it was possible to predict certain hours for traffic and for pupil traffic. Coun- cilman Tuson asked who had authorized the second left turn arrow at 244th, and the City Engineer answered that at a council. -.meeting Councilman Nelson had mentioned the traffic hanging up going south, and this arrow had been in- stalled to improve the traffic flow situation. Councilman Tuson replied that it seemed to be a question of whether it was more important for a driver Who was a little late in the morning to save 20 seconds or for -safety of children. He added that the city hires off -duty policemen to take care of ferry traffic, and if this problem tonight was critical, why not do the same and have a patrolman on 76th during the two or three critical hours? Mayor Protem Shippen inquired as to how many cars on the street and the schedule. Chief Foster answered that the morning problem is light, but the amount of control was a question of the greatest need, and there were many areas of need in the city. Councilman Nordquist, still at the podium in the audience, reminded council that a motion had been made in November of 1972 that the City Staff support anything the Engineer could do for the safety of the children in this Ballinger area. He added that they had a form letter ready that could be passed out, if necessary, giving the tele- phone numbers of both the Edmonds City Engineer and Mr. Hoffman's of the Highway Department. Mr. Nordquist again stated that they would like a flashing red light at 236th and the green arrow taken out or turned up toward Meridian. Acting in his capacity as councilman, he then made a motion which was seconded by Councilman Tuson that the city council send a letter with the signature of the Mayor Protem to the State Highway Department indicating • continued support of -the safety of the children in the Ballinger area as expressed in the November 14, 1972 minutes by asking the Highway Department, to remove the second left turn green arrow at 244th and 76th. The motion carried. Councilman Nordquist then moved, seconded by Councilman Tuson to instruct the City Engineer, now that results are in from a citizens' study, that he make a study of the poss bility, and installing of a four-way flashing red light at the intersection of 36th and 76th. This motion also carried. Councilman Nordquist expressed hi thanks to council for their interest in the children, and hoped that the �jolice Department did not feel there was inference made on the control of /speed on 76th., Mayor Protem Shippen, how- ever, said she did make a statement to that effect, and would like to see traffic control where and when you consistently have people in certain areas to merit that control. Councilman Tuson said he would like to thank Mr. Gilbo of the Public Works Department and the CAO for the information sheet received on the Mountlake Terrace sewer agreement showing payments made through the last few months, and he was pleased to see that this was current and paid up to date. Mayor Protem Shippen said she would like to make an announcement of one event this evening - that it was the City Clerk's birthday, and best wishes were expressed by both her and council. CORRESPONDENCE Mayor Protem Shippen read a letter she had received from Mrs. G. F. Shrader, on Fifth Avenue N., across from the Civic Center. The letter asked if Civic Center employees could park elsewhere than directly in front of the residen- ces, and mentioned the use ofthe vacant lot that was available. CAO Whaley advised council that the lot was not adequate until developed; that there 440 would be approximately 36 stalls; that some of these stalls were and would be reserved for Volunteer Firemen and Police cars. He admitted that the parking facilities were a problem, and that the curb adjacent to the Civic Center was not used, but left for people coming and going. He added that employees had been trying to use just the east side of Fifth north of the steps. There was discussion on the parking problems surrounding the Civic Center and including the Library parking lot. Mayor Protem Shippen said she understood there was a plan on file for the vacant lot, and she asked if she might see this and perhaps council would spend some money to develop , the lot to its maximum use. SCOUT TROOP IN AUDIENCE Mayor Protem Shippen acknowledged presence of Boy Scout Troop 310 in the audience. CAO REPORT CAO Ron Whaley reported on follow-up of the complaint from Mr. Jim Mueller regarding a problem with rats sighted in the vicinity of Casper and Third. CAO Whaley had talked with Mr. Martin of Able Pest Control, and it seemed that in order to protect all of us, the Environmental Control Agency now regulates this extermination business. Mr. Martin explained to the CAO that the control was restrictive and the burden of responsibility is on the company, which results in not only making it safer for people, but also safer for the rats. Councilman Gellert asked if the ordinances and desires of the city should not supersede the Environmental Protection Agency, and perhaps the newspapers could give publicity to show that the rat prob- lem had been adequately handled by Able Pest Control in the past. This • might show people the heretofore used rat poisons took care of the situation with no problems. CAO Whaley reported that on April 1 of each year, the city is required to file an estimate of the population with the State. Edmonds official population at the present time is 24,125 as verified last May by the Office of Program Planning and Fiscal Management. According to figures from the water services, there are 6,215 family dwellings and 1,862 apartment units. On April 3 the Fire Dept. checked a sampling of apartment houses throughtout various sections of the city and found of 1,041 of these, 1,014 were occupied. Figures were tabulated to show a 2.6 ratio on vacancy of apartment houses and 3% on single houses, making close to the 3% ration on both. Using census figures of 3.6 people per single dwelling and 2.5 on apartment residences, this results in a population figure of 26,429 for the city, which will be submitted to the State Office of Program Planning and Fiscal Managment this year as Edmonds' population. EQUIPMENT RENTAL RATES FOR 1973 CAO Whaley reported that according to ordinance, council must approve the equipment rental for the City of Edmonds for the year 1973. A copy of these proposed rates was made available to each council member, and it was noted that these figures showed a reasonable approach, and the CAO recommended adoption of' -the rates as presented. It was moved by Councilman Gellert, seconded by Councilman Tuson that the 1973 Equipment Rental Rates as presented be approved and adopted. Motion carried. RAT PROBLEM • Councilman Tuson suggested that council again discuss the rat problem. He mentioned having talked on the telephone last evening with the CAO, Mayor Protem Shippen, and the Police Chief. Councilman Tuson felt something had to be decided as to procedure in regard to the problem, which he had been advised was aggravated by the fact that some people in the area were not covering their garbage cans. Mayor Protem Shippen, who had made an in- spection of one of the problem areas, said we should contact the Snohomish County Health District and the people with the garbage problem should be told to take care of it. She said that some of people's own innocent actions contributed to the rat problem; such as feeding bread to birds, for example.. This also attracted the unwanted wildlife. It was noted that the Police Dept. had prepared a report following visits on the garbage and rat problem. Councilman Gellert mentioned that a woman who was afraid of the rats had phoned him after Civic Center office hours, and he would like to know the preferred action to take in regard to these calls. CAO Whaley advised that he suggest they call the city the next day, inasmuch as it would be impossible to track down a rat at night unless it was trapped somehow. CONSIDERATION OF EDMONDS, PARTICIPATION IN SCOPE Police Chief Marjo Foster reminded council of the recommendation of the SNOCOM Board, that each agency enter into the Interlocal Agreement, but that participation and cost for subsequent services be considered only upon further receipt of information and recommendation from SNOCOM Board. Council was advised that the Police Department had budgeted $4,854 for this purpose, and that the estimate for the remainder of the year 1973 was the sum of $4,286 according to Mr. Van Lier, Director of Police Staff and Auxil- is • 441 1 1 u iary Services Center of the Snohomish County Law & Justice Planning Office. Chief Foster told council that if Edmonds participated in this venture, it could mean upgrading the radio equipment. Chief Foster then introduced Mr. Herman Van Lier, who stated that although it had not as yet been approved, the 1973 budget costs for SCOPE would be $234,000. He then explained to council the information which SCOPE would provide, and mentioned the federal grant of $347,000 for the facility. Councilman Tuson asked how much of the funds go toward administration, and was answered approximately $98,000. Councilman Tuson stated that he was concerned that the budget for Edmonds' contribution to SCOPE showed $4,286 for the remainder of this year, but next year's contribution is over $11,000, showing it to cost over three times as much the second year as the first. He felt that with only double the increase in the 1974 budget over 1973, Edmonds' share should not be three times as much in 1974 as in 1973. There was question on Edmonds keeping SEAKING, and when it might be wise to entirely change over to SCOPE for this type of information. Mr. Van Lier said that SCOPE would provide the participating agencies with valuable services which would save manpower via computer. He went on to state that some costs would be shared by the north county cities, such as dispatching, which Edmonds would not contribute to since it already has dispatching out of Lynnwood from SNOCOM. Councilman Gellert asked Chief Foster if he felt participating in SCOPE would afford Edmonds a valuable service. Chief Foster answered we would have to see if we received the value we needed; that to justify dollar for dollar, he hoped it would be advantageous to participate in this; and that he does anticipate between eight to twenty thousand dollars value in radio equipment. Councilman Gellert brought to council attention the length of time we would have to remain a participant if we do join. It was noted that a par4graph in the agreement stated that the city can with- draw within 120 days written notice before the end of a fiscal year. Before voting on this, Councilman Tuson questioned Chief Foster on the services derived from SNOCOM, SEAKING, etc., and Chief Foster recommended the city go into this for the $4,286 committed funds for the remainder of the year, and see if the service is valuable to the department. There was much dis- cussion on the issue, and it was then moved by Councilman Tuson, seconded by Councilman Gellert that the City of Edmonds participate in SCOPE for a period of the balance of 1973, at the cost of $4,286. Motion carried. OPINION FROM CITY ATTORNEY ON ATTORNEY'S FEES FOR INDIGENT DEFENDANTS Attorney John Wallace advised that Senate Bill 2069, signed by the Governor on March 28, 1973, places the burden on the cities for paying for the ser- vices necessary for presentation of a case for indigent defendants. Attorney Wallace reported that he had attended a meeting last Friday with Police Chiefs tand Attorneys from other cities to discuss procedure and guidelines regarding this. -item. He stated that the procedure and guidelines would have to be worked out with the court. Attorney Wallace added, however, that the Statutes would imply that this burden is not retroactive, and he will write a letter in answer to our former billing by the Attorneys involved stating the city's position. AGREEMENT FOR ADJUSTMENT OF UTILITIES IN SR 104 - 5th AVE. TO 236th SW City Engineer Leif Larson advised council that this would be a no cost agreement in which the state would pay utility costs on SR 104 from the Bowling Alley to 5th, and he recommended that the Mayor be authorized to • sign the agreement. Following a short discussion, a motion was made by Councilman Tuson, seconded by Councilman Nordquist that the Mayor be authorized to sign the agreement for adjustment of utilities in SR 104 as recommended by the City Engineer. Motion carried.' PARKING AT BRACKETT'S LANDING BEACH - Rod Garretson, Director of Parks and Recreation, had been asked to bring the design drawing for Brackett's Landing to the City Council meeting to- night. Director Garretson stated the design had been approved by the Park and Recreation Advisory Board, and he was showing this to council for their information. The parking would be 44 stalls, and Mr. Garretson recommended a minimum amount of lighting, since the park is closed at night and the illumination would be for Police Dept. security reasons. He did not feel people living above the area would wish to be disturbed by glare from these lights. He said that an artistic light standard would be designed to tie in with the beach decor. A drawing was shown council of a suggested sign for the park entrance. Following discussion and questions from council, Mr. Garretson stated that the approximate cost for materials for the asphalt- ing, sidewalks, curbing of concrete or asphalt would come to $5,000 or $6,000 total. Councilman Tuson inquired how much was left out of the original bond issue, and Director Garretson answered we have $4900. He added that he hoped to do this work by the summer season. SANITARY SEWER LATE COMER AGREEMENT - BODINE City Engineer Leif Larson reported that Mr. Bodine has installed a sanitary sewer to serve his property in the vicinity of Paradise Lane and 6th Ave. S. He has completed private agreements with three out of four adjoining pro- perties. Since Mr. Bodine and three agreeing parties wish to hook-up im- mediately to sewers to correct critical sewage disposal problems, and due 442 �J to the need for Mr. Bodine to gain reimbursement for the one property that has not paid, the City has worked out a Late Comer Agreement with Mr. Bodine; agreement covering the one remaining lot. City Engineer Larson recommended that the council approve the agreement. He noted that upon acceptance of this agreement he would also recommend that the city send a notice to this remaining property owner requiring him to connect to the sewer within 120 days. The Engineer explained that normal late -comer hookups are set at 2 years from date of acceptance; however, with the health problem existing here, it is recommended that council approve the 120-day notice limitation. Councilman Tuson had a question on the usual 60 days allowed to connect to sewer running within a certain area from property, and the 120 days versus the 2 years was briefly discussed. A motion was then made by Councilman Tuson, seconded by Councilman Nordquist that the City of Edmonds enter into a Late Comer Agreement with Mr. Bodine as outlined by the City Engineer, and the Mayor Protem be authorized to sign the agreement. Motion carried. FINAL PLAT OF GRANADA ESTATES The City Engineer explained to council that this plat had come before them as Sharon Heights #4 in the preliminary form. It is located at Maplewood Drive and Sierra Street. Engineer Larson stated that there had been no change since the preliminary had been accepted by council, and he recom- mended adoption and approval. A motion was made by Councilman Nordquist, seconded by Councilman Winters that council approve and adopt the final plat of Granada Estates, and the motion carried. There was no further business to come before council and the meeting was • adjourned at 9:40 P. M. Ir ne Varney Mo an, City Clerk Natalie Shippen, yor Protem April 17, 1973 ROT.T, CAT,T, Regular meeting of the Edmonds City Council was called to order at 7:30 P. M. by Mayor Protem Natalie Shippen, with all council members present except Anderson, who has been excused, and Nordquist, who arrived at 7:50 P. M. APPROVAL OF MINUTES Minutes of the council meeting of April 10 had been posted, mailed and dis- tributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Nelson stated that he had read the minutes of the last meeting regarding the light at 244th and 76th West. He felt that there had been a lot of input at the time we made the decision to at least try that light, not only from the Highway Engineering Staff, but also from our own Engineering Staff. He said another arrow was put in to allow the middle lane to have an option to turn left or go straight ahead. Councilman Nelson said that he has observed that most of the drivers are using the left hand turn before the actual school hour traffic begins. He also found that the standing traffic in that one location proceeding south, was causing more hazardous a situation than exists today because there were youngsters and bicycle riders going between the cars that were standing in a long queue down the hill towards the Lake Ballinger Residential Area. He also noted that on low atmospheric pressure days the pollution from trucks and automobiles was greater when they were lined up in the one single land before the one additional light went on. He stated too, that the noise pollution is less. Councilman Nelson pointed out that this light now makes it possible for the Gulf Station located on the northwest corner of-244th and 76th to receive more business. He remarked that two lanes being permitted to go south has helped keep traffic from stagnating at the bottom of the hill during winter weather. He also felt that the congestion has been alleviated for the northbound traffic desiring to make a lefthand turn into the 7-Eleven Store or into the Richfield Station, since they do not have to wait so long for the southbound traffic to clear. He stated further that he was disappointed in the action of the council last week in not looking at both sides of the story when writing a letter to the State Highway Department. Mayor Protem Shippen stated that she had sent a letter to Mr. Roberts regarding this matter. City Engineer Larson said he had received a call today about the letter which had been written and the Highway Department expressed a desire to have a meeting with the people in the area concerned. They want to make sure all the facts are on the table before they take action. Councilman Tuson reiterated his remark of last week that the safety of the children is the major conzrn, and not whether someone is five minutes late to work. Following a brief discussion, a motion was made by Councilman Gellert and • 1 •