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19761005 City Council Minutes492 noted that the property would not have to be purchased by the City, and the process suggested was that • the City get at least a 20 year lease in order to apply, possibly first getting a six-month or one-year agreement in order to process the grant application. Mayor Harrison noted that the purpose of the bill providing these grants, if passed, would be to provide employment. A MOTION WAS THEN MADE BY COUNCILMAN MOTION:. GELLERT, SECONDED BY COUNCILMAN HERB, TO UPHOLD P.C. RESOLUTION 523, RECOMMENDING THAT THE JUNIOR HIGH SCHOOL PROPERTY NOT BE GIVEN A ZONING DESIGNATION UNTIL THE CITY COUNCIL HAS INVESTIGATED THE CONTINUED PUBLIC USE OF THIS PROPERTY. MOTION CARRIED. There was no further bu iness to come before the Council, and the meeting was adjourned at 10:10 p.m. October 5, 1976 IRENE;VARNEY MORAN, &1ity Clerk H. H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at'7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor J. Herb Gilbo, M.A.A. Ray Gould Joe Wallis, City Planner Phil Clement Jack Cooper, Fire Chief Max Gellert Irene Varney Moran, City Clerk John Nordquist Dick Allen, Assistant City Engineer Robert Anderson Jack Weinz, Assistant Fire Chief Tom Carns John Wallace, City Attorney Mike Herb Wayne TAnaka, City Attorney Jackie Parrett, Deputy City Clerk Mayor Harrison called the Council's attention to an award given to the City by the Washington State Nursery- men's_Association. It was a bicentennial landscaping award in recognition of the.landscaping and environ- mental improvements of Seaview Park. • CONSENT AGENDA 9:36 p.m.) Councilman Carns asked that Item (G) be removed from the Consent Agenda, and Assistant City Engineer Dick Allen asked that Item (C) be removed from the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SEC - MOTION: "ONDED BY COUNCILMAN GELLERT, THAT THE BALANCE OF THE CONSENT AGENDA BE APPROVED. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Approval of Minutes of September 28, 1976. (B) Acknowledgement of receipt of Claim for Damages from Earl S. and Patricia E. Fish (against contractor on 88th St. project). Copy of the claim had been forwarded to insurance company on receipt. (D) Acceptance of contract as complete by Knowles Construction, Inc., for Talbot Road walkway, establishing the 30-day lien period. (E) Acceptance of contract as complete by Knwoles Construction, Inc. for asphalt paving on 92nd Ave. W., establishing the 30-day lien period. (F) Set date of October 26 for hearing of P.C. Resolution 529, recommending approval of proposed amendment to official zoning ordinance to provide for review procedures for municipal improve- ments. (File ZO-15-76). ACCEPTANCE OF CONTRACT AS COMPLETE BY SEATTLE SERVICE CO., INC., FOR SEALCOATING CERTAIN DESIGNATED STREETS, ESTABLISHING 30-DAY LIEN•PERIOD (Item (C) on Consent•Agenda) < Assistant City Engineer Dick Allen requested this item be placed on the Consent Agenda of October 19. A MOTION: MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO PLACE THIS ITEM ON THE OCTOBER • 19 CONSENT AGENDA. MOTION CARRIED. .SET _DATE FOR HEARING P.C. RESOLUTION 530, RECOMMENDING APPROVAL OF PROPOSAL TO REMOVE PORTION OF 174TH ST. S.W., WEST OF 76TH AVE. W. FROM OFFICIAL STREET MAP, AND ADDITION OF A TURNAROUND. (File ST-14-76 - OCTOBER 26 HEARING DATE RECOMMENDED BY CITY PLANNER) Councilman Carns noted that a request had been received by the applicant to change the hearing date to October 19 in order to minimize additional costs of construction as substantial financial costs had already been incurred due to delays in starting construction. Councilman Carns said he had consulted the City .Attorney and the City Planner and both would be ready for hearing on October 19. A MOTION WAS MADE BY MOTION: COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT OCTOBER 19 BE SET FOR HEARING DATE OF P.C. RESOLUTION 530. MOTION CARRIED. COUNCIL PARTICIPATION (7:45 p.m.) Mayor Harrison asked for confirmation of his appointment of Maryanne Sawyer to Position 6-on the Park Board, replacing Keith LaBelle in his unexpired term ending September 19, 1977. A MOTION WAS MADE BY COUNCILMAN MOTION: NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO CONFIRM THE APPOINTMENT OF MARYANNE SAWYER TO PARK BOARD POSI- TION 6, TERM EXPIRING SEPTEMBER 19, 1977. MOTION CARRIED. Councilman Anderson said he would like to establish a date for the next Council/Staff luncheon. October - 28 was the date set. It was requested that in the future the Mayor's secretary call all Councilmen on the day of the Council/Staff luncheon and, if fewer than three of the Councilmen can attend, it should be can- celled. Councilman Gellert noted that there had been two letters in the Council packets complaining about the Liberty TV Cable service. He asked that the City Staff investigate these complaints with Liberty TV and make a report to the Council on October 19. Also, if anything is developed which might cause the Council to take any action regarding the cable TV service, representatives of Liberty TV should be invited to 49 • attend that meeting. Councilman Gellert also noted that the Association of Washington Cities Report of October 9, 1976 mentioned a deadline for CATV granchises to comply with some FCC standards. City Attorney John Wallace advised that Liberty TV is aware of the requirement and that there is no obligation on the part of the City at this point. Councilman Gellert noted that he probably will not be in attendance at the October 19 meeting. Councilman Carns requested that the November'2 Council meeting begin at 7:00 p.m. and be kept short because that will be the night of the national election. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY MOTION: COUNCILMAN ANDERSON, THAT THE NOVEMBER`_:2 MEETING BEGIN AT 7:00 P.M. AND THAT THE AGENDA BE CLOSED FOR THAT MEETING. Councilman Nordquist said he would vote against the motion because he felt there should be flexi- bility to accommodate anything of an emergency nature that might arise. Councilman'Carns felt something of that nature could be left to the discretion of the Council. THE MOTION THEN CARRIED, WITH COUNCILMAN NORDQUIST VOTING NO. Councilman Carns noted that on the utility pole at the corner of 88th P1. and Main St. there is a MacPherson's Realty sign wrapped around the pole. He said he would like the Staff to pursue this as it is illegal. Mayor Harrison.asked Mr. Wallis to contact the realtor involved. Councilman Nordquist said it had been brought to his attention that a problem is being experienced in getting money out of the Contingency Fund for smoke detectors for the library, which had been approved by the Council last year. He said the money had been budgeted last year, pending a report from the Fire Chief, which report was not received until early this year, and the funds were in the Contingency Fund. He said it was his understanding that, in order to get the money out of the Contingency Fund, it must be set as an agenda item. Fire Chief Jack Cooper said this smoke detector system had been recommended for installation, eventually to cover the entire City complex. He said it would terminate at SNOCOM, affording MOTION: 24-hour alarm service. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A RESOLUTION TRANSFERRING FUNDS FROM THE CONTINGENCY FUND TO THE LIBRARY FUND FOR THE INSTALLATION OF SMOKE DETECTORS, AND THAT THIS BE SET AS AN AGENDA ITEM FOR OCTOBER 19. MOTION CARRIED. MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN ANDERSON, THAT A LETTER BE SENT OVER • THE MAYOR'S SIGNATURE, TO THE WIDOW OF WADE JAMES, EXPRESSING SYMPATHY IN THE LOSS OF HER HUSBAND AND EXPRESSING THE CITY'S LOSS. Councilman Nordquist commented on the great amount of time Wade James had donated on behalf of the City. MOTION CARRIED. Councilman Herb introduced Ron McConnell of the Puget Sound Council of Governments. Mr. McConnell reviewed for the Council the regional development plan that the Puget Sound Council of Governments has worked out and he asked for responses to it. City Planner Joe Wallis added that he felt it was important that the City participate and noted that the City's Comprehensive Plan will be a part of the overall regional plan. CORRESPONDENCE (8:21 p.m.) The Deputy City Clerk said a petition had been received from residents of 77th P1. W., from 206th St. S.W. to 209th St. S.W.; and of 209th St. S.W. from 77th P1. W. to 78th Ave. W. for an LID for installation of standard curbs, gutters, and sidewalks; paving the street with asphaltic -type concrete; and any necessary grading, base preparation, and related work necessary to make a complete improvement. She said the City Clerk would have to have the ownerships and signatures verified and the City Engineer would determine the MOTION: sufficiency. A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT THE COUNCIL ACKNOWLEDGE RECEIPT OF THE PETITION AND THAT IT BE REFERRED TO THE CITY CLERK AND THE CITY ENGINEER. There was some discussion regarding underground for street paving LID's. Assistant City.Engineer Dick Allen noted that the policy was to encourage undergrounding. MOTION CARRIED. HEARING: P.C. RESOLUTION 524, RECOMMENDING AMENDMENT TO OFFICIAL STREET MAP TO REDUCE DESIGNATED RIGHT- OF-WAY ON HINDLEY LANE BETWEEN 8TH AND 9TH ST. FROM 50' to 40' (8:24 p.m.) City Planner Joe Wallis said the applicant in this proposal was a group of petitioners. The Planning Commission had recommended approval on August 26°. He indicated the location on overlays of a vicinity map and the Official Street Map and showed sl•ides.,of the area,under,consideration. .He said.Hindley Lane is a proposed right-of-way that has not been dedicated. He noted there is a stream relatively close to the street as it is now, the stream being on the south side. The public hearing was then opened, no one wished *MOTION: to speak, and the public hearing was closed. A MOTION WAS MADE BY COUNCILMAN CARNS,.SECONDED BY COUNCILMAN HERB, THAT ORDINANCE 1875 BE ADOPTED PURSUANT TO P.C. RESOLUTION 524. The question arose as to whether this (Withdrawn_)__ would affect the width of the street if it is improved. Assistant City Engineer Dick Allen said they could get a 28' pavement and a sidewalk on one side with a 40' right-of-way. He said approximately 41 home sites would be served by Hindley Lane, with about 32-35 developed at present. He said if a road were designed there it would probably be moved northward of where the road is now and the right-of-way would probably be held at 45'. He said the problem is that they do not have much information regarding exact property lines and location.:of the stream, and their recommendation to the Planning Commission had been to retain the 50' right-of-way. Councilman Gellert noted there is a large piece of property at the end of Melody Lane which could be subdivided and which would create additional home sites to be served by this access. After dis- cussion on the costs of determining exact property lines in this area, COUNCILMAN HERB WITHDREW HIS MOTION. Councilman Carns said he did not think 10' should be given up on this roadway until it is known exactly where the road will be located, and that until the people come to the City for a street improvement there is no need to reduce it. A MOTION WAS THEN MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, MOTION: THAT P.C. RESOLUTION 524 BE DENIED. -.MOTION CARRIED. City Planner Joe Wallis was asked to communicate this action to the residents who had attended the Planning Commission meeting. PROPOSED ORDINANCE RELATIVE TO CREATION OF A UTILITY FOR AMBULANCE AND AID CAR SERVICE (8:47 p.m.) Fire Chief Cooper reviewed the previous action taken on this subject. He had prepared and distributed to the Council an expanded report of the estimated costs for such service. He reviewed the report. It was his recommendation that the City place a utility charge on each of 9,189 residents (7,508 utility cus- tomers). He said that by levying a $1.59 bi-monthly charge on each resident, the City would receive approximately $87,663 per year. His estimated total cost for aid car services was $87,625.36. He added that at the present time the cities of Mountlake Terrace and Lynnwood and Fire District 1 do not place a u charge on the City of Edmonds or its citizens when coming to Edmonds on aid calls. During 1975 Edmonds answered a total of six aid calls outside the City. He recommended that there be no charge to other com- munities with whom Edmonds has mutual agreements. Chief Cooper said the aid car service is presently operating out of the Fire Department budget. There was discussion about whether the amount of a utility tax could be determined at this time, especially with the 1977 budget presently being evolved. It was • 49 suggested that the utility could be created but the funding deferred. The draft previously presented • by the City Attorney was reviewed. A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN MOTION: CARNS, THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT A FINAL ORDINANCE FOR THE CREATION OF A CITY AMBULANCE SERVICE, WHICH ORDINANCE WILL BE SUBSTANTIALLY THE SAME AS THAT PRESENTED TO THE COUNCIL AT THE AUGUST 24 MEETING, AND THAT A PUBLIC HEARING ON THIS TOPIC BE HELD OCTOBER 26. MOTION CARRIED. PROPOSED STREET LID FOR LAUREL WAY, EAST OF 8TH AVE. SO., BY RESOLUTION METHOD (9:29 p.m. City Engineer Leif Larson had distributed a memorandum explaining that a petition had been received requesting this LID but it had not been valid as a majority of owners of the lineal frontage and lot area had not signed the petition (43.8% of the frontage signed and 71.5% of the lot area signed). However, the signees of the petition did represent 62.5% of the property owners, 71.4% of the lot area, and 61.1% of the assessment, so the City Engineer recommended that the City Council propose forming this LID by the resolution method. He suggested November 16, 1976 be set as the hearing date. MOTION: A MOTION WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN GOULD, THAT RESOLUTION OF INTENTION 245 BE PASSED SETTING NOVEMBER 16, 1976 AS THE DATE FOR HEARING ON THE PRELIMINARY ASSESSMENT ROLL FOR STREET LID FOR LAUREL WAY, EAST OF 8TH AVE. S. MOTION CARRIED. REPORT ON EXPANDED LIABILITY INSURANCE FOR UNFORSEEN DAMAGES (9:30 p.m.) City Attorney John Wallace reviewed a memorandum he had prepared on research his office had done regarding moral obligation claims. There had been no State of Washington court decision directly on point as to whether or not a city could approve a claim for payment and pay the same where only a moral obligation or equitable obligation existed and not an obligation that would be enforceable at law, but research revealed cases in Ohio and New York where courts did approve payment by a city of moral obligation or equitable obligation claims. He noted that New York's law is very similar to Washington's. He also noted that the City would have to rely on its insurance carrier and on its legal counsel to determine whether there has been negligence; and that it would have to rely on the City Staff regarding what is a reasonable schedule of care. Discussion followed as to how the City could handle claims such as those made by Richard Walker and Ray Baldwin. M.A.A. Gilbo noted that contact with one . insurance carrier indicated very little difference iiy_..premium for a deductible coverage. Mr. Wallace indicated that insurance companies are not generally willing to pass on any savings for deductible MOTION: coverage. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, THAT IN THE CASES (Withdrawn) OF THE WALKER AND THE BALDWIN CLAIMS, SINCE DAMAGE OCCURRED ON CITY PROPERTY, AND IN VIEW OF THE FACT THAT HE FELT THE CITY HAS A MORAL OR EQUITABLE OBLIGATION, AND IN VIEW OF THE FACT THAT ABSENCE OF NEG_- LIGENCE IS NOT EASILY PROVABLE, THE CITY BE AUTHORIZED TO PAY THE CLAIMS AS PRESENTED, THE FUNDS TO COME FROM THE WATER/SEWER.FUND. Councilman Clement said he would abstain from voting, although he liked the motion in general, because he had been absent when the facts were discussed. Councilman Carns said the facts had not revealed the remotest indication that the City was negligent, so he would vote against it. Councilman Herb noted that no investigation had been made to indicate whether the amounts of the claims were proper. COUNCILMAN GELLERT WITHDREW HIS MOTION. A MOTION WAS THEN MOTION: MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT, THAT IN THE CASES OF THE WALKER AND BALDWIN CLAIMS, THE CITY VERIFY, INDEPENDENTLY OF THE INSURANCE COMPANY, THE AMOUNT OF THE DAMAGES AND REPORT TO THE COUNCIL ITS FINDINGS ON OCTOBER 26. Councilman Herb felt the City should not only verify the amount of damage, but it should also give an objective evalution of the claim. City Attorney John Wallace said that, based upon the information he received from the Public Works people, he did not see that there was prior notice or that the City was substandard in the times in which it inspected, so he did not see failure to act on the part of the City that is tantamount to negligence. Councilman Herb then added that, although he could understand it in these cases, he felt the Council would be:_ setting a dangerous precedent to approve payment of the claims, so he would vote against the motion. After further discussion, A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN GOULD, CLEMENT, GELLERT AND ANDERSON VOTING YES, AND COUNCILMEN NORDQUIST, CARNS AND HERB VOTING NO. MOTION CARRIED. There was no further business to come before the Council, and the meeting adjourned at 9:55 p.m. October 12, 1976 IRENE VARNEY MORAN, &4ty Clerk H. H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 7:40 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flat salute. • Harve Harrison, Ray Gould Phil Clement Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb STAFF PRESENT Mayor J. Herb Gilbo, M.A.A. Joe Wallis, City Planner Leif Larson, City Engineer Rod Garretson, Park Planning & Recreation Director Irene Varney Moran, City Clerk Don Burton, Park Maintenance Superintendent Jim Murphy, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:41 p.m.) MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT THE CONSENT AGENDA BE APPROVED. MOTION CARRIED. The Consent Agenda contained only the minutes of the meeting of October 5, 1976. COUNCIL PARTICIPATION (7:41 p.m.) Mayor Harrison stated there was a vacancy on the Edmonds Arts Commission because of the loss of Wade James. He said he would like to appoint Lyle Krueger to Position 4, the term to expire December 31, 1977. He noted that Lyle Krueger is president of the Board of Directors of the Wade James Theater, formerly the Driftwood Theater. There was no objection to this appointment. 1 Councilman Clement said he had spoken with Dick Markle of the Edmonds Arts Festival and they may not have Milltown for the fair next year. They were asking the City's help in deciding on an appropriate place to hold the fair. Councilman.Gellert suggested the Arts Commission might help. 0