19750114 City Council Minutes220
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AUTHORIZATION FOR MAYOR TO EXECUTE CONTRACT TO PROVIDE SUPPLEMENTAL
REPRESENTATION FOR INDIGENT DEFENDANTS.
Mayor Harrison announced that City Attorney, John Wallace, has negotiated with
Stephen L. Conroy for supplemental representation for indigents in the event
there is a conflict df interest with Jones*and:_Young, or if the defendant may
for any reason reject the firm of Jones and Young. This service will be provided
MOTION: at the same per case figure. COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN
ANDERSON TO AUTHORIZE THE MAYOR TO EXECUTE A CONTRACT WITH MR. CONROY. CARRIED.
TRAFFIC: CONTROL ORDINANCES: 220TH7 EDMONDS WAY, 5TH AVENUE, 3RD AVENUE
AND WALNUT STREET.
City Engineer, Leif Larson, had provided a written statement setting forth the
MOTION: background on the proposed ordinances. COUNCILMAN NORDQUIST MOVED, SECONDED
BY COUNCILMAN GELLERT TO PASS ORDINANCE #1752, PROVIDING A MAXIMUM SPEED LIMIT
ON PORTIONS OF 220TH STREET S. W. MOTION CARRIED.
MOTION: COUNCILMAN GELLERT THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS ORDINANCE
#1753 REMOVING PARKING RESTRICTIONS FROM CERTAIN PORTIONS OF 5TH AVENUE SOUTH,
3RD AVENUE AND WALNUT STREET IN THE CITY OF EDMONDS. MOTION CARRIED.
MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO PASS ORDINANCE
#1754 PROHIBITING PARKING ON(ERTAIN PORTIONS OF FIFTH AVENUE SOUTH AND STATE
ROUTE 104. MOTION CARRIED.
SALARY ORDINANCE FOR 1975
M. A. A. Ron Whaley passed out copies of the proposed ordinance to the council.
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He reviewed this for the council. Mayor Harrison noted that on the last page
(page 3) they have listed the salary schedule for the exempt positions and that
they all reflect an 11.2% cost -of -living increase with one exception. Councilman
Nordquist said that he would not vote for this if page 3 is included as in years
past the council had discussed these salaries in executive session. The Mayor
said that there are some adjustments being made, which will be forthcoming within
the next two weeks. Councilman Gellert pointed out that in Grade #7 on the
exempt positions, the maximum figure is in error. It should be 1:1318 and not
i $1380. It was pointed out that the figures indicated an 11.2% across the board
MOTION: cost -of -living increase for all employees. COUNCILMAN NORDQUIST MOVED, SECONDED
BY COUNCILWOMAN SHIPPEN TO PASS ORDINANCE #1755, EXCLUDING SECTION #3; AND TO
ADD "INCLUDING THE JUDGE PRO TEM" IN SECTION 2. MOTION CARRIED.
It was decided to go into executive session this evening to discuss the exempt
salaries. Jeanne Edwards, reporter for the Western Sun, asked if this would
be a closed session. City Attorney, John Wallace, read from the Open Meeting
Law and ruled that it would be a closed session.
CLAIMS FOR DAMAGES
A Claim for Damages from Constance S. Leslie was received and acknowledged by
the council. This was referred to the City Clerk for processing.
There being no further business to come before council, the meeting adjourned
at 11:15 P. M.
IRENE VARNEY MORAN, ty Clerk H. H. HARRISON,,MMayor
January 14, 1975
ROLL CALL 00
The regular work meeting of the Edmonds City Council was called to order by
Mayor Harve Harrison in the Council Chambers at the Edmondd Civic Center at
7:45 P.M. with all council members present.
APPROVAL OF MINUTES
The minutes of the meeting of January 7th had been posted, mailed and distributed.
Councilman Clement stated that he would Ake to make an addition to his motion
regarding the bid for fuel oil on page 5 as follows: "with future fluctuations
in price as indicated by major tail suppliers, but in no case to include a margin .
greater than 3.82(t per gallon."
The minutes were then approved with the addition.
COUNCIL PARTICIPATION
Councilman Nordquist stated that he had been asked by Commissioner Forsgren to
bring to the attention of the council that with respect to the Transportation
Wmmittee, the funds have run out for paying Vic Sood's wages. Mr. Sood is the
Coordinator for Sno-Tran. Councilman Nordquist said that they have applied for'
Federal funding to pick up the wages, but those funds will not be available*for •
at least three months. He said the County has gone on record as saying that they
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will pay $1,000 per month, plus all the benefits. However, there is a $176
margin each month, and they have requested that Mountlake Terrace, Edmonds and
MOTION: Lynnwood each pick up the $176 for.one honth. COUNCILMAN.ANDERSON.-MOVED,
SECONDED BY COUNCILMAN NORDQUIST THAT THE CITY UNDERTAKE THIS OBLIGATION FOR
THE FIGURE SPECIFIED ($176). MOTION CARRIED.
Councilman Nordquist asked if the council wanted to take any action on page 3
of the Salary Ordinance which was discussed last week. He referred to a statement
made by the Mayor that certain adjustments would be forthcoming within two
weeks. Mayor Harrison pointed out that he referred to non-exempt positions,
which is within the discretion of the administration.
Councilman Gellert suggested that the staff look at page 137 and page 140 of the
Budget with regard to the Street Fund Expenditures and reconcile the two. He
said one has a figure for construction projects and the other has zero dollars
for construction projects. Councilman Gellert then mentioned that on page 183
there is UAB Project #6 which shows a 1975 estimate of $26,000, which is for the
228th Street and 236th Street. He said it was his recollection that this was
taken out of the budget. City Engineer, Leif Larson, said that it is his
understanding that it will be taken out in the re -run in February.
Councilman Gellert asked the City Engineer when we will be going out for bid
on the water system construction. Mr. Larson replied that he wrote a memo
today requesting a bid date.
Councilman Welling asked for a progress report on the improvement at 212th and
76th Avenue West. City Engineer, Leif Larson, stated that they are still waiting
• for the signal controller, which is supposed to arrive the last part of this
month. Councilman Welling asked if we make any provisions in our contracts
to hold the suppliers to their delivery dates. Mr. Larson said that we do,
but sometimes they do run into difficulties in providing this part, and that.,
this is still subject to possible liquidated damages; although there may be
mitigating circumstances due to the fact that there was a change order to
provide Opticom after we awarded the contract.
Councilman Anderson referred to a letter received from Chet Bennett regarding
Mrs. Niel's property adjacent to the Public Works property. Mayor Harrison
said that he personally thinks that we should not be thinking about expanding
our city facilities in -that location. City Planner, Joe Wallis, said that
at the time of the Space Needs Study, it was the ' consensus that there should
be a'more centrally located Public Works'Area, particularly for the large
equipment. He said that he cannot see any reasonable expansion of that
MOTION: facility in the future. Following some discussion, COUNCILMAN NORDQUIST MOVED,
SECONDED BY COUNCILMAN GELLERT TO CONTACT THE PARTIES AND INDICATE THAT WE
HAVE NO NEED FOR THE PROPERTY. MOTION CARRIED.
Councilman Anderson.announced.that Councilman Nordquist had been elected
Chairman -of the`Snohomish County 'Health Board at the meeting held today.
Councilwoman Shippen asked the Director of Public Works if a notice could be
put on the back of the last water billing regarding legislative coffees being
held in the area.
Mayor Harrison announced that there will be a meeting of Snohomish County Cities
and Towns at the Lake Ballinger Golf Course with Mountlake Terrace as the host.
The meeting will be on January 23rd at 6:30 P.M.
is CORRESPONDENCE
Mayor Harrison stated that he was in receipt of a letter from the Department
of Social and HeAlth Services. The Board of Certification for Water Works
Operators announced that a Certificate of Competency was awarded to
Lee Willeiksen as a Water Works Specialist #3.
SELECTION" -OF MAYOR PRO TEM
Councilman Nordquist, the outgoing Mayor Pro Tem, stated that he would like to
voice a note of appreciation for the opportunity to serve during this past year
as Mayor Pro Tem. He said that it was a very enjoyable experience. Councilman Anderson
said that he would like to nominate Councilman Gellert as Mayor Pro Tem.
MOTION: HE THEN MADE A MOTION TO THAT EFFECT, SECONDED BY COUNCILWOMAN BRUNS. THE
MOTION CARRIED UNANIMOUSLY.
APPOINTMENT OF MUNICIPAL JUDGE
Mayor Harrison stated that he would entertain a motion to confirm the appointment
MOTION: of Richard Thorpe as Edmonds Municipal Court Judge. COUNCILMAN NORDQUIST MOVED,
SECONDED BY COUNCILMAN ANDERSON TO CONFIRM THE APPOINTMENT OF RICHARD THORPE
AS MUNICIPAL COURT JUDGE FOR THE CITY OF EDMONDS. Councilwoman Shippen and
Councilwoman Bruns stated that they wish to abstain from voting for the confirmation
as they are not reconciled to the fact that Edmonds.should have its own judicial
system, and wished to point out that they certainly do not personally object
to Mr. Thorpe. THE MOTION THEN CARRIED, WITH MRS. BRUNS AND MRS. SHIPPEN ABSTAINING.
Mayor Harrison then administered the oath.of office to Mr. Thorpe. i
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FRANCHISE AGREEMENT - GENERAL TELEPHONE CO.
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MOTION:
MOTION:
City Attorney, John Wallace, stated that this item was on the agenda as a result
of a council request to have representatives of the telephone company come to a
work meeting and discuss the possibility of a franchise agreement. Mr. Vince
Graham and two other persons affiliated with the General Telephone Company were
present. Mr. Wallace stated that he has made his position known via a memo to
the council, whereby it would appear that the city has the authority to require
a franchise. He said there is one exception, however it has not yet been
determined whether General Telephone qualifies within that exception. If they
do not, then the city has the absolute right to require a franchise before
they come upon the streets of the city. Mr. Wallace stated that he did not
have anything to propose. He did point out that a letter had been received
from General Telephone indicating that they did have plans to conduct a
comprehensive undergrounding policy within the city over a period of 20 years;
that letter was dated November 7, 1974 and copies had beencirculated to the
council. Councilman Gellert explained his reasons for bringing this matter
up for consideration. Councilwoman Shippen asked if it was part of the law
that the city can require that a private utility make underground conversions
at their own cost, and was this not what we are actually seeking, so that When
the P.U.D. goes underground the General Telephone will do so at the same time
at their own expense. Attorney Wallace replied that under a municipal improvement
involving the use of the right-of-way where it would be necessary to remove or
eliminate the above ground facilities it could be required. Mr. Graham explained
that under the present rate procedure any costs incurred for undergrounding in
Edmonds would be spread among all telephone company customers. Mrs. Shippen
explained thatunder the agreement with the P.U.D., they will make available
2% of the revenues collected from Edmonds residents, for undergrounding.
Mr�.Graham said that, in his opinion, they would fight a franchise agreement
ifrthey were forced to spend the residents' portion of the money in that manner.
Mayor Harrison indicated that it was his understanding that General Telephone
had a certain amount of money budgeted toward undergrounding each year. Mr. Graham
said that this is basically for new areas, or areas that they are re -enforcing,
or replacing. Mr. Graham said it was his impression that the city could like
to participate in the selection of areas to be undergrounded. He said, however,
that our desires may not necessarily coincide with the capacity of their plant,
which determines the selection of the areas to be undergroun.led. Whether to do
underground, or stay in the air is purely an economic decision. Councilman
Gellert asked the attorney how the city would proceed if an agreement cannot be
reached with the telephone company. Mr. Wallace said that at the time the city
would order a general improvement of a particular street which would include
undergrounding, with the appropriate finding that the overhead utilities should
be removed and made at that time by ordinance. Mr. Wallace pointed out that
most recent franchise agreements require undergrounding at the expense of the
franchisee. Mr. Graham thought we should try to straighten this out. Mr. Wallace
stated that he could see no reason why General Telephone couldn't do the same
thing as P.U.D. has done, as he felt that the telephone company must certainly
be able to determine the revenues generated .from this city. Mr. Wallace thought
that certainly some of these funds are earmarked for re -location or replacement,
and he felt it was a legitimate city concern to be involved in what facilities
will be replaced, because esthetics is a proper consideration. The General
Telephone representative explained some of the work that they plan on doing within
the next five years, which does include undergrounding, but that there would be
virtually no cable removed from the air. It is, however, setting up the frame-
work that will enable them to remove cable from Main Street within the five years.
He,did say, however, that the esthetics does not generate revenue and produce the
capital: Mr. Wallace asked Mr. Graham if a proposal such as the one with P.U.D.
would be at all possible. He said that he could not answer that. Following some
more discussion, it was decided to wait a week and see if the telephone company
will give us a letter of intent to negotiate a franchise. COUNCILMAN GELLERT
MOVED, SECONDED BY COUNCILMAN CLEMENT TO PLACE THIS ITEM ON THE AGENDA FOR
NEXT TUESDAY NIGHT WITH THE HOPE THAT WE HAVE A LETTER OF INTENT AS TO THE
POSITION OF THE GENERAL TELEPHONE COMPANY PRIOR TO THAT DATE. MOTION CARRIED.
DISCUSSION REGARDING TRUCKS ON 196TH - TONNAGE AND SPEED
Councilwoman Shippen stated that some time ago this was discussed as trucks create
a bottleneck on 196th. She said that the council wanted to wait until the freeway
work was completed. This work is nearly completed and it is possible for trucks
to get in and out of Edmonds more easily. City Engineer, Leif Larson, said
that his suggestion would be to make Route 104 a truck route, and that this is
also the best grade. He said that tonnage is hard to control. There was
discussion on minimum speed. Councilwoman Shippen said that in Sequim there is
a sign stating that if more than four cars pile up behind you, that you must
pull over and let them pass. She thought this might be a solution to the
problem on 196th. COUNCILMAN ANDERSON THEN MOVED, SECONDED BY COUNCILWOMAN
SHIPPEN TO INSTRUCT THE CITY ATTORNEY, WITH APPROPRIATE ADVICE FROM THE CITY
ENGINEER, TO DRAW AN ORDINANCE DESIGNATING STATE ROUTE 104 AS A TRUCK ROUTE
IN AND OUT OF EDMONDS; AND THAT ROUTE 524 BE SO DESIGNATED AS PROHIBITING
THROUGH TRUCKS,. Councilman Anderson stated that once the ordinance is passed
it can be transmitted to the State Highway Department with a request for
appropriate signing. MOTION CARRIED.
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DISCUSSION OF AFFIRMATIVE ACTION PROPOSAL
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MOTION:
MOTION:
MOTION:
Fire Chief, Jack F. Cooper, who is also chairman of the Affirmative Action
Committee presented the Affirmative Action Plan for the City of Edmonds to the
Mayor and council. He reviewed it briefly for the council. He made:".the
following recommendations: that the'plan be adopted within 30 days; that the
plan be implemented within 30 days of adoption; that a full time person be
appointed EEO Officer and to advise the Edmonds.Civil Service Commission of its
adoption and to pass a resolution instructing the Commission to follow those
parts -of the plan relating to hiring, testing, etc. COUNCILMAN NORDQUIST MOVED,
SECONDED BY COUNCILWOMAN SHIPPEN TO ACCEPT WITH APPRECIATION THE REPORT FROM
THE AFFIRMATIVE ACTION COMMITTEE AND SET THIS FOR DISCUSSION ON JANUARY 28TH.
MOTION CARRIED.
REVIEW OF MUNICIPAL PARKING, INCLUDING WATERFRONT PARKING & PARKING LOT DEVELOPMENT
ESTIMATE
City Planner, Joe Wallis, presented some printed material to the council and
Mayor regarding this matter. He then projected a sketch on the screen showing
the proposed waterfront parking plan. This was submitted as an addition to
the report made some time ago. Mr. Wallis also displayed a sketch of the
proposed parking lot in the vicinity of James Street between 2nd and 3rd.
The preliminary cost estimate for that parking lot was also presented. This
also included the acquisition cost. Various methods of financing were discussed.
Councilman Gellert stated that he would like to proceed to the next step and
draft an ordinance. Councilwoman Shippen said that she would like the Kirkland
ordinance considered. COUNCILMAN GELLERT THEN MOVED, SECONDED BY UJUNCILWOMAN
SHIPPEN TO INSTRUCT THE ATTORNEY TO PREPARE A FIRST DRAFT OF A PARKING
ORDINANCE: Councilwoman Shippen asked that this be heard on the 28th of January.
MOTION CARRIED.
APEX GARBAGE - RATE INCREASE REQUEST
M.A.A. Ron Whaley.briefed the council on this item stating that Apex has made
a written request for a rate increase. Mr. George Solomon was present representing
Apex, and answered questions. Councilman Anderson said that he would like to
have a Profit and Loss Statement and Mr. Solomon said that this could be provided
within two weeks., Councilman Gellert said that.he would like to have some
assurance that it would be at least one year before there would be another request
for increase. Councilman Gellert notified the Mayor and wished to go on record
to say that the company for whom he works for is discussing the possible sale
of equipment to the parent company of Apex Garbage. The attorney advised him that
he can still participate and vote. COUNCILMAN NORDQUIST MOVED, SECONDED BY
COUNCILWOMAN BRUNS TO CONTINUE THIS ITEM UNTIL JANUARY 28TH. Councilman Anderson
said that they will pass on to Mr. Whaley the information which they desire to
have from Apex and Mr. Whaley will then forward this request to Apex. THE MOTION
WAS THEN VOTED UPON AND CARRIED.
AUTHORIZATION TO BID FOR LIQUID CHLORINE
Mayor Harrison stated that this will be a joint bid with Lynnwood and Alderwood
MOTION: Water District. COUNCILMAN NORDQUIST MOVED, SECONDED BY.COUNCILMAN WELLING
TO SET JANUARY 30TH AT 2:00 P. M. for bid opening. MOTION CARRIED.
There being no further business, the meeting adjourned at 10:25 P.M.
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IRENE ARNEY MORAN,.CiYy Clerk
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January 21, 1975
R(1T.T. (AT.T.
H. H. HARRISON, Mayor
The regular meeting of the Edmonds City Council was called to order by Mayor
Harve Harrison at 7:30 P. M. in the Council Chambers at the Edmonds Civic
Center, with all council members present.
APPROVAL OF MINUTES
The minutes of the work meeting of January 14th had been posted, mailed and
distributed. City -Planner, Joe Wallis, noted that on Page 4, Paragraph 3,
Line 3, it should read "waterfront parking inventory", rather than waterfront
parking plan. The minutes were then approved with this notation.
COUNCIL PARTICIPATION
Mayor Harrison asked that the item on the January 28th extended agenda with '
regard to a parking ordinance be deleted and placed on the agenda for February 4th,
as there has not been sufficient time to prepare the ordinance.
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