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19721107 City Council Minutes•.• n 35 1 • 1 • 1 1 • CAO Ron Whaley introduced Bruce Brown, who was in'the audience, to the council. Mr. Brown is the Chief Accountant with the Finance Department. Mr. Whaley reminded the council that there will be a presentation by the Finance Department and the City Clerk's Office on Thursday, November 2nd. The Public Works Department presentation will be on Saturday, November 4th. There being no further business to come before council, the meeting was adjourned at 10'! 20. Irene Varney Mor , City Clerk Harve H". Harrison, Mayor November 2, 1972 A special meeting had been called by the Mayor for presentation of his Budget Message along with the Preliminary Budget for 1973. Meeting was called to order by Mayor Harrison, with Council members Gellert, Shipppn, Nordquist and Haines in attendance. Councilman Tuson arrived later. Mayor Harrison stated that the purpose of this meeting was for a public hearing on the preliminary budget for 1973. He then read his budget message and copies of the 1973 Preliminary Budget were distributed to council. Comments were then invited. No one in the audience wished to comment. The Mayor noted that he had spent the past week giving this proposed preliminary budget careful analysis. One of the proposals in the budget message was a total tax cut amounting to approximately $174,600 or $28.00 per family for 1973. This would be accomplished by elimination of the water utility tax, and a 3% reduction in the electric, telephone and gas utility taxes. He stated that the budget can be balanced with these reductions being offset by the revenues expected from the federal revenue sharing before the end of 1973. Councilman Gellert remarked that he was in favor of tax cuts. Councilman Nordquist inquired if council would have an interview with each Department Head as in past years, in order to discuss with -them their individual budgets. He suggested setting this up on a one half hour basis per Department Head. Councilman Haines agreed that if this was not scheduled, council would not have opportunity for this particular input. A motion was then made by Councilman Nordquist, seconded by Councilman Gellert that two special meetings be scheduled between council members and department heads; November 9 and 16 at 7:30.; and council meet with half the department heads on the first date, and the remaining ones on.the second. This motion carried. Councilman Gellert mentioned the bus services cost to the City of Edmonds, and it was noted that the public transportation item would be on the November 7 regular city council meeting. Councilman Nordquist moved :that this special meeting be adjourned, and this was seconded by Councilman Haines, and carried. Meeting adjourned at 8:10 P.M. Irene Varney Mora City Clerk November 7, 1972 ROLL CALL .Harve H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all council members present. APPROVAL OF MINUTES Minutes of the meeting of October 31 had been posted. - mailed and distributed. Mayor Harrison noted that under "Council'Participation", in paragraph 3, he would prefer that the phrase "and bring it up to surface" be omitted from his sentence. The minutes were then approved as corrected. COUNCIL PARTICIPATION Councilman Tuson asked the City Engineer how soon the contractor, or whoever is responsible, would be installing lights to illuminate the stretch of.state highway where the ferry access turns on Fifth. Engineer Larson answered that although the contract would allow installation within the year, the State has contacted the PUD to install lights there in the near future, and therefore it was probable that this would be taken care of soon. Councilman Tuson was concerned with the poor visibility and cautioned that with icy conditions, this would be an extremely dangerous section without sufficient lighting. Councilman Nordquist stated that he understood that since the budget hearing last L Tuesday evening, a letter was being sent to all Edmonds citizens along with a questionnaire. He commended the Mayor for this action and asked if there was any chance for the council to submit some questions. Mayor Harrison answered that the questionnaire was already made up, and the mailing was being done at the direction of the council. Councilman Nordquist requested that the council be given the results of the questionnaire. Councilman Gellert noted that he would be out of town and unable to attend a scheduled budget meeting between Council and Staff on Thursday the 16th. . Councilwoman Shippen stated that council would have to decide whether to adopt the Mayor's suggestions or maintain our present tax effort, and it would be helpful in making that choice if they could have a supplement to the budget which would be based on our maintaining the present tax effort and considering the revenue sharing separately. She felt it would facilitate their study to have that information at hand. CAO Ron Whaley advised Councilwoman Shippen that this data had already been prepared for the council, and would be ready for their use on Thursday evening. Councilman Gellert commented on the possible change in the E.E.A. funding, and the CAO answered that the budget shows both the August and November 1973 cutoff. There was some discussion on funds and comparisons. Councilman Haines felt that it should be resolved prior to Thursday evening what would be the disposition of the revenue sharing funds, since he understood that certain of these funds were earmarked for categories of city operation, and he would therefore like it to be documented as to whether they can be used for the General Fund expenditures, or must be placed into a trust fund. He asked that a night letter or telegram be sent to the proper officials so that a reply might be received by Thursday regarding these funds. CAO Whaley said he would contact Mr. Young on Wednesday and make the effort to obtain this requested documentation. Councilman Haines stated that he had heard from Mr. Frede, who -still had received no action regarding the excavation in the road in front of his home in the north end of Talbot Park. Councilman Haines felt something should be done to alleviate this situation, and asked CAO Whaley to follow up with appropriate action so that correction can be made. Councilman Nelson asked for clarification on the subject that someone would be available from the City to attend the seminar on federal revenue sharing next week. CAO Whaley answered that he had another governmental meeting which would conflict, but that the Finance Director would attend. Mayor Harrison announced that Max Gellert would be replacing Councilman Nelson on the SNOCOM Board, and it was moved by Councilman Tuson, seconded by Council- man Nelson that the Mayor's appointment of Councilman Gellert to the SNOCOM Board be confirmed. Motion carried. Mayor Harrison announced that the Association of Washington Cities annual re- gional meeting would be held on Wednesday, November 15 at the Dutch Cup Restaurant in Sultan. He said that he had made reservations for eight people, and asked that those wanting to attend let him know. The Mayor reported that in regard to the Nelson property on the waterfront for the Senior Citizen Center site, two appraisals had been received: on from Mr. Stay, and one from Mr. Meyer. The appraisal from Meyer, according to Attorney John Wallace, was deficient since the amount was not supported by sufficient data:' He added that the City had three alternatives: (1) accept the appraisals of $333,000 from Earl Stay and $365yt000 from Mr. Meyer and then accept the $360,000 selling price from the Nelsons; (2) make a firm counter offer; (3) authorize the Mayor to hire another appraiser and not pay for the second appraisal (Meyer's), which was asked for by the Nelson's. It was noted that the grant had been set up on the $360,000 figure and was apparently accept- able to HUD, since the grant was based upon this. It was thought, therefore, that it might be best to go ahead on this basis, since negotiations would not make any difference to the City; HUD is happy with the $360,000. Councilman Haines said that since the Attorney stated that the Meyer appraisal of $365,000 is not an acceptable appraisal, he didn't feel the City could in good conscience go above the valid appraisal of $333,000. Councilman Nelson suggested the City go back to Mr. Meyer for substantiating material and data to back up his appraisal. Mr. Kaspers, in the audience, said it was common to go back to an appraiser for this information, especially in a complicated situation.. Following some dis- cussion, a motion was made by Councilman Nelson, seconded by Councilman Haines to instruct the City Attorney to prepare correspondence over the Mayor's sign- ature to ask the appraiser (Mr. Meyer) to provide substantiating evidence to back up his appraisal, and furnish the City with this data no later than November 30. It was also stated that a courtesy copy of this letter be sent to Mrs. Sally Wren. The motion carried. Councilman Haines then moved, seconded by Councilman Gellert that in case the appraiser does not want to submit data #o substantiate his appraisal, the Mayor be authorized to initiate a new appraisal for the City on the subject property. This motion also carried. 1 1 • 1 • 0 • CORRESPONDENCE A letter had been received from Apex Garbage'Company, stating that due to in- creased wages and other expenses, they proposed asking for an increase in rates equal to 20T per household per month, effective December 1, 1972, subject to the approval'of the Utilities and Transportation Commission. Councilman Gellert asked if this present rate increase involving wages would be approved within the guidelines of the Price & Wage Commission. Gordon Maxwell, in the audience, stated that the increase is requested, then the Utilities and Transportation Commission audits the books of the company to determine if this is warranted. If it is, the increase would normally be granted unless a protest is received by the Commission, resulting in a hearing being held. It is reallya matter of bookkeeping. 'The Utilities and Transportation Commission'has authorization to make determinations in these wage -price cases. Following discussion, it was moved by Councilman Gellert, seconded by Councilman Nelson to instruct the City Staff to investigate the reasonableness of the Apex proposal for a'rate increase and give a'factual report to the City Council on November 21. Motion carried. PUBLIC TRANSPORTATION CONTRACT Councilman Nelson reported that Seattle -King County Metro has not been able to obtain facts and figures as to the amount of monies needed from the city for the transportation system, and he therefore moved, seconded by Councilman Gellert to place the Public Transportation Contract on the November 14 agenda. Motion carried. HEARING: FINAL ASSESSMENT ROLL =- LID #184 • Hearing was held on the final assessment roll for LID 4184, the 9th Avenue UAB project. City Engineer Leif Larson reported on the preliminary and final costs, and gave an explanation of the zone and termini method of assessment. He then noted receipt of several letters from property owners, dealing with restoration; also fences, rockeries, property stakes, driveway approaches, and slope easements; as well as complaints on'the'hazards dealing with speeding, noise and fumes from traffic. Engineer Larson noted that he'had investigated all complaints except one from Moss,'which he had just received this evening. He also added that he would investigate problems shown in photos submitted by Mr. Johnson, The City Engineer then stated that he recommended approval of the final assessment roll, subject to his investigation of the correspondence. Hearing was then opened. Mrs. Stockman, 9924 - 225th Place, complained about the fumes from the traffic, and said the fumes.seemed to hang in her yard; She also complained about the traffic, noise, and dirt and dust from'the cars travelling•on 9th. She stated that it was also too much money to have to pay this assessment as well as her regular taxes. She added that her privacy was gone and the value of her pro- perty decreased. She added she had been given $100 from the contractor to re- place her fence, but the boards had been on the ground for so long now that they were rotting, so,she planned to submit a claim for replacement of the boards, and was very unhappy with the project and with Bay Construction. Gerald Johnson, 1013 - 9th South, submitted a claim for improper workman ship, substantiated by photographs. Earth and stones wash continually onto his side- walk, and the City Engineer stated that he would take his photos and investigate • this problem. Mr. John Galbreath, 1439 - 8th Place East, said he felt his property had de creased in value with this "improvement", and he must now pay the assessment, althodgh all people travelling the street are receiving the benefits. Attorney. Wallace explained that a UAB is funded money, so essentially it is being paid by all taxpayers, with the abutting property owners and those within the assess- ment boundaries .paying the remaining 10% for the sidewalks. Mr. Galbreath suggested looking into the possibility of including two full blocks on each side of the improvement for assessment boundaries. There was much council discussion on reducing and/or modifying assessments; on individual cases versus the entire project, especially in regard to benefits from the sidewalks,, where properties were below and fronted on another street. Councilman Nelson noted that with the improvement of 9th there was now good drainage in areas where there was runoff water previous to the project. Councilman Haines felt there was less benefit from the sidewalks in this area north of the cemetery on the west side, where Mr. Galbreath lived. Mr. Johnson said he objected to the speedway, hot the cost of the assessment, which he felt was fair. He did say he thought the street posed a dangerous situation without proper illumination, and added that the project was, how- ever, a sloppy one, and should be completed entirely before bills are pre- sented. He brought to council, attention the patched sidewalk at the Murphy residence. Gordon Maxwell stated that he was happy with both the street improvement and the assessment cost. There was a great deal of discussion between council and property owners, and • 3,62 Roy Williams asked council to please read his letter at their leisure. There was some discussion on the,title companies not giving the correct information on assessments against properties which had been sold to new owners. The hearing was then closed. It was moved by Councilman Haines, seconded by Councilman Nelson to continue this hearing to November 14 and a list be furnished with all objections re- ceived on the project so that council could inspect each one individually on Saturday morning at 9:00 A.M. Motion carried. It was then moved by Councilman Gellert, seconded by Councilman Nordquist that the hearing on LID's be held no earlier than 30 days after mailing of the assessment roll to all property owners of record. There followed some further discussion, and a motion was made by Councilman Nelson, seconded by Councilman Gellert to amend the motion to state that duplicate copies of the assessment notice be sent to both the owner of record as shown in the Snoho- mish County Treasurer's office, and also to the address of the owner, if . available. The amendment carried, and the motion as amended also carried. At this point, there was a 15 minute recess. HEARING:- FINAL ASSESSMENT ROLL - LID #187 Hearing was held on the final assessment roll for LID #187, underground wiring on 9th Avenue, from Carol Way to north of Daley Street. City Engineer Leif Larson reported on the project cost and the breakdowns for City, Utility Companies, and property owners. He noted that the property owners' • participation had been.reduced to $4.22, assessed on a lineal footage basis. Letters of protest were received, and Mr. Wolgamott stated in his letter that there was now a pole within 20 ft.'of his property, and he requested a reduction on his assessment. Mrs. Merrill protested, but gave no reason. Mr. Adams also sent a written protest. Hearing was opened. Mr. Kaspers suggested the City formulate a policy with the experience gained from this project on underground wiring. There was some discussion on the project as originally planned, and the final boundaries decided upon. With no one else in the audience wishing to comment on the project, the hearing was closed. Because of the location of the poles decreasing the value of the undergrounding to Adams and Wolgamott, it was moved by Councilman Gellert, seconded by Coun- cilman Haines to reduce the assessments of Adams and Wolgamott by 1/3 because of the decreased benefits, and the City pick up the difference, with proposed Ordinance 41623.passed, approving and confirming the assessment roll with.the modifications as noted. Motion carried. HEARING: ANNEXATION OF ANCHOR BOAT SALES Hearing was held on the proposed annexation of Anchor Boat Sales. It was re- ported that waiver had been received from the Boundary Review Board, and the hearing was opened and closed with no audience comment. A motion was made by Councilman Tuson, seconded by Councilman Nordquist that proposed Ordinance #1624 be passed, annexing the property known as Anchor Boat Sales and legally described therein, to the City of Edmonds. Motion carried. • CONSIDERATION OF STREET LIGHTING STANDARDS FOR STATE HIGHWAY AREAS A motion was made by Councilman Nordquist, seconded by Councilwoman Shippen to continue this agenda item to November 21, and the motion carried. l APPROVAL OF FINAL PLAT OF DENNY PARK City Engineer Leif Larson explained that it was his recommendation, and that of the City Planner that council approve the final plat, consisting of 5 lots on the north side of 184th S.W. There was some discussion, wherein Councilman Tuson asked about the possibility of fire equipment being able to use the turn -around, and Engineer Larson stated that the Fire Chief had approved the plat. Councilman Nordquist moved, seconded by Councilwoman Shippen that council approve the final plat of Denny Park, subject to engineering requirements. Motion carried with.Councilman Tuson voting against.. QUIT CLAIM DEED FOR PORTION OF R/W ON ALOHA. City Engineer Larson reported that a letter dated October 23 had been received from the Holy Rosary Church, requesting that the City return to them a portion of right-of-way on Aloha previously dedicated by them to the City. They also indicated that they would quit claim a portion of right-of-way needed for 8th Avenue. The Engineer stated that since this proposal is in conformance with street planning, he was requesting that the Mayor be authorized to sign a quit claim deed for the portion of right-of-way as shown on a sketch which he pro- • vided each council member. Therefore, a motion was made by Councilman Tuson, seconded by Councilman Nordquist to authorize the Mayor to sign the quit claim deed as recommended by the City Engineer. Motion carried. AUTHORIZATION TO CALL FOR BIDS ON GASOLINE AND FUEL OIL FOR 1973 There was some discussion on calling for bids on gasoline and fuel oil for city requirements for 1973. Edmonds has participated with the County in past years on the gasoline and diesel needs, since a better price can be obtained in this manner. The City Clerk noted that she had contacted the County Commissioners' office and had been advised that the County would be calling for bids sometine in November. A motion was made by Councilman Tuson, seconded by Councilman Nordquist that the city of Edmonds participate with the -County again this year for our gasoline requirements. Motion carried. The City Clerk also reported that the City had called for its own bids on fuel oil requirements last year. Following some discussion, it was moved by Council man Nordquist, seconded by Councilman Tuson that the City of Edmonds call for bids on fuel oil simultaneously with the county call. Motion carried. COUNCIL ACCEPTANCE OF STREET IMPROVEMENTS - LID #172 City Engineer Leif Larson stated to council that he recommended acceptance of the street improvements under LID #172, Alder from 7th to 9th, and on 8th from Alder to Maple. He noted that this was advised so that the period for liens could be established at this time. Councilman Gellert commented on the fact that the property owners on these im- proved streets call to council attention the substandard work at the assessment roll hearing after the project has been accepted. He wondered if this was a wise procedure. The City Engineer answered that he had personally inspected this project and was recommending acceptance. He did explain, however, that he had noticed some fine cracking of the pavement, but that this had happened before on other projects, and in.time this problem could seal itself. The contractor is bonded, and for purposes of possible liens, he preferred to have acceptance now. A motion was made by Councilman Tuson, seconded by Councilman Nordquist to accept the street improvements under LID #172 on the Engineer's recommendation for the reasons mentioned. Motion carried. SECOND READING PROPOSED ORDINANCES Second reading was heard on a proposed ordinance amending the comprehensive land use plan for the City of Edmonds,' by re -designating certain properties' pursuant to Planning Commission Resolution 383. A motion was made by Coun- cilman Gellert, seconded by Councilman Nordquist that proposed Ordinance #1625 be passed, and the motion carried. Second reading was heard on a proposed ordinance to establish the procedure for filling vacancies of the office of councilmember and adding a new section 1.12.050 to the Edmonds City Code. It was moved by Councilman Nordquist, seconded by Councilwoman Shippen that proposed Ordinance #1626 be passed, and the motion carried. CAO REPORT • CAO Ron Whaley distributed to each council member a schedule setting the times on November 9 and 16 for Council meeting with the Department Heads for budget purposes. There was no further business, and the meeting adjourned at 10:30 P.M. Irene Varney Moran City Clerk November 14, 1972, ROLL CALL :16�� _,__ ( Harve H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all council members present. APPROVAL OF MINUTES Minutes of the meeting of November 7 had been posted, mailed and distributed. Councilman Gellert noted that on Page Two under "Correspondence", 5th line, it should read "increase involving-,prices"-instead'of "wages".' The -minutes were then approved as corrected. AUDIENCE PARTICIPATION Gordon Maxwell stated that he would be speaking in behalf of the Senior Citizen's 0