Loading...
19711221 City Council Minutes222.. • of Lynnwood would have to participate in order to have any correct determina- tion made on the water in that vicinity. Another woman in the audience said there had been sewer overflow onto Meadowdale Beach the latter part of last summer, and she had complained to Mr. Lawson, who assured her the Board of Health would investigate the problem. She added that Lynnwood had at that time had trouble with its treatment plant. At this point, vote was taken on the motion to table any action on this program, and it carried. POLICY TO PROHIBIT FUTURE EMPLOYMENT OF INDIVIDUALS WORKING UNDER DIRECTION OF CLOSE RELATIVE Mayor Harrison asked for a policy.to prohibit future employment of individuals working under the direction of a close relative, and he could then'initiate this policy in his hirings. Councilman Kincaid agreed that such a policy should be put into effect, and Councilman Haines thought this question should be attacked before it becomes a major problem. However, it was moved by Councilman Kincaid, seconded by Councilman Haines to postpone this to the next council meeting, and the motion carried. APPOINTMENT OF OLIN DASHER AS EDMONDS POLICE DEPARTMENT CHAPLAIN There being a need for professional help during times of tragedy, -Mayor Harrison made the appointment of Reverend Olin Dasher as Edmonds Police De- partment Chaplain and presented him with an Edmonds Police Department badge. Reverend Dasher, who had served the Department on occasion in the past, said he had been in Edmonds for 51� years, and this Appointment would afford him the opportunity to serve not only his own congregation, but others as well, and he would help wherever he was needed. • AGREEMENT FOR COMBINED DETENTION FACILITIES WITH LYNNWOOD Action on an agreement for combined detention facilities with Lynnwood had been continued from the meeting of November 2. Police Chief Foster reported briefly on this proposed agreement and recommended it as an excellent step with great potential. He added that the agreement was temporary and could be cancelled at any time. A mption was made by Councilman Slye, seconded by Councilman Nordquist to authorize signature of the agreement for combined detention facilities with Lynnwood. Motion carried. REAPPOINTMENT OF NORMA BRUNS - PLANNING COMMISSION Mayor Harrison reappointed Norma Bruns to Position 7 on the Planning Commis- sion. It was moved by Councilman Kincaid, seconded by Councilman Nelson to confirm the Mayor's appointment, and the motion carried. DATE SET FOR OPENING BIDS - 1972 GASOLINE AND DIESEL REQUIREMENTS A motion was made by Councilman Kincaid, seconded by Councilman Nelson to set December 20 at 2:60 P.M. as the date and time for opening bids on gasoline and diesel oil requirements for the City of Edmonds for 1972. Motion carried. There was no further business, and the meeting was adjourned at 10:50 P.M. Irene Varney Moran, ty Clerk Harve H. Harrison, Mayor • December 21, 1971 ROLL CALL The regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison with all councilmen present, except Slye. Councilman Kincaid reported that Councilman Slye was confined to Stevens Memorial Hospital. APPROVAL OF MINUTES Minutes of the meeting of December 7th had been posted and mailed, and with no corrections nor omissions, they were approved as written. INFORMAL HEARING ON SIDEWALK IMPROVEMENT Informal hearing on sidewalk improvement for the downtown area had been con- tinued from the meeting of November 16. A letter had been received from Mr. David M. Larson, who had initiated the proppsalq neguesting-ithatrfurther,-dis=�'•-'.. cussion of this item be postponed until January or February, 1972. There were, however, interested citizens in the audience and the hearing was there- fore opened. Engineer Larson stated the areas in question to be Second Ave- nue from Main to Dayton, Dayton from Second to Third, on Fifth from Dayton to Elm on the East side and on the West side of Fifth from the Edelweiss C� 0 apartments to Dayton. He stated that for a 5' sidewalk the cost would be $5.10 per lineal foot and $4.00 per foot if the:city prepared the base. In the commercial areas, a 10' sidewalk would be $7.25 if the city prepared the base. He explained that the existing sidewalks would remain and not be torn up. Dave Crow, in the audience, remarked that he could understand Mr. Dave•Larson's wanting this improvement but he, himself, was not in favor. He suggested that Mr. Larson put in a sidewalk in front of his property by contract instead of the LID method and he could probably have it done just as economically. Coun- cilman Gellert asked the City Engineer about the policy in regard to side- walks in front of new buildings and was answered that the building code re- quires new buildings to put in these sidewalk improvements. Councilman Haines then briefed the audience on how this particular project progressed up to this informal hearing. He explained the Council wished to ascertain the amount of interest in a project of this sort. A petition was presented, signed by property owners objecting to this pro- posal on Second and Third Avenues. Following discussion it was therefore moved by Councilman Haines, seconded by Councilman Tuson, that the project on Second and Third Avenues be dropped at this time. Motion carried with Coun- cilman Kincaid abstaining. Discussion was then held on the area on Fifth Avenue with the possibility of improving the sidewalks from Dayton to Elm on the East side and to the Edel- weiss Apartments on the West Side. The City Engineer estimated that under the LID method, a 5' sidewalk would be $5.15 without city participation, $4.00 • with city participation; a 10' sidewalk would be-$8.60 without city partici- pation; $7.25 with. Councilman Haines stated that where the people had been charged with sidewalks once, the city should now accept the maintenance responsibility. It was sug- gested that the property owners be charged for the materials used and the city do the work. Councilman Kincaid stated that the area from Dayton Street north was a hazard for walkers - particularly near the Edmonds Motor Company and other areas on the East side of Fifth. Councilman Gellert stated that he agreed with Councilman Haines in that where there was no sidewalk the property owners should pay for installation but that the city should maintain the'side- walks that had already been put in by the property owners. There was no fur- ther comment from the audience and the hearing was closed. Following discus- sion of cost, a motion was made by Councilman Haines, seconded by Councilman Gellert that it be city policy that the city maintain the sidewalks and the property owners be billed for concrete only and for any addition to bring the sidewalk to the proper width of 51; that -the city crews do the installation and finishing, but that this would not apply to areas where there is no side- walk at the present time. Councilman Gellert asked in the opinion of the City Engineer, would it cost the City of Edmonds more to notify the property owner by the LID method or merely do the work with no assessment and no paper work. The City Engineer answered that in the past under a `sidealk, resolution, the property owner had been billed directly by the contractor and that this had been a workable method. At this point, Councilman Kincaid suggested that the matter be put into a work session with the Safety Committee, and hearing be set again for January the 4th. A roll call vote was then taken on Councilman Haines' motion and it failed to carry with Councilman Tuson and Haines voting in favor - all others against. A motion was then made by Councilman Nelson, seconded by Councilman Nordquist to refer this matter to the Safety Committee • for review and a policy report back to the Council work meeting. This motion carried. SALARY ORDINANCE, 1972 Following a great deal of discussion on the proposed salary ordinance, a mo- tion was made by Councilman Nelson, seconded by Councilman Nordquist that pro- posed Ordinance #1586 be passed with the following changes: That the Chief Administrator's salary be expressed as a range of from $1350.00 to $1550.00, the Director of Maintenance and Operation as a range of $1125.00 to $1275.00 and that the pay grade classification express ranges as set forth in the writ- ten amendment distributed at the Council Meeting; and that on the substitut- ed pay grade classification the word 'Lieutenant' with Grade 29 would be changed to 'Sergeant', with Grade 28; that under Public Works and Parks, the monthly salary for maintenance and custodians be that used in the original proposed ordinance, and that the 11.1i to 39% education incentive be applicable to the Police Department, Fire Department, Public Works and Park Department as in the original ordinance; and that pay grade classification be frozen at 30ncrease until such time as the evaluation study may be completed. This motion carried. A five-minute recess was then declared by the Mayor. RECONSIDERATION OF ORDINANCE #1584 - VETOED BY MAYOR Mayor Harrison had vetoed Ordinance #1584 - an ordinance amending the regu- lations for signs in BN districts.which had been passed by the City Council • 224 on December 7th. In his notice to the City Clerk, the Mayor gave the fol- lowing reasons for his veto: 1. The following words should be added to Section 1-F-1: "An increase in sign area shall be allowed in the amount of 5% of the original committed sign area for each 10' of building set -back from the street right-of-way." This provision would be identical to what is now permitted in the.BC zone. 2. The following sentence in Section 1-F-2 should be deleted: "Signs attached to the building may,not project above the roof or parapet line." "This provision would force the design of all future one-story buildings to have parapet walls or pitched roof. I feel that a flat -roofed building with a sign extending from the roof line upward is pleasing from an aesthetic standpoint and practical from an advertising standpoint." Each Councilman had been notified of the Mayor's action by letter from the City Clerk. City Attorney James A. Murphy advised the Council that they could re -adopt the ordinance by five (5) Councilmen voting in favor. He added that the ordinance could not be amended without sending it back to the Planning Commission for another hearing. City Planner Merlin Logan, when asked about the Mayor's objection to No. 1 replied that he felt the BN zone should be treated differently from a BC zone. Councilman Haines stated that he felt that the Westgate and Five Corners areas did not fall into the BN category the same as some other BN areas in the City. He also objected to the pole signs being 100! apart as they might restrict the property owner who has less than 1001. Councilman • Gellert agreed with the Mayor's point No, 2 but he still felt that the or- dinance should be on the books and the veto should be overridden, then the Planner could be instructed to come up with an amendment at a later date. Following further discussion, a motion was made by Councilman Gellert, seconded by Councilman Kincaid to over -ride the Mayor's veto and again pass Ordinance 41584. Councilman Haines then moved, seconded by Councilman Kincaid to amend the motion to state that the Planning Commission be request- ed to hold a hearing on the rooftop sign issue, and the question of 100' be- tween pole signs be amended to state that each property owner would be en- titled to a pole sign even though his property might be less than 1001, and under Section 1-F-4 consider changing the 30% to 15% under individual signs shall not devote over that percentage of the sign area -to the advertisement of a specific product or service. The vote on the amendment resulted in all councilmen in favor except Nordquist, and the amendment carried. A roll call vote was then :.' . held on the motion amended, and this carried with all councilmen voting in favor, passing proposed Ordinance #1584, amending the regulations for signs in BN zones. ORDINANCE ANNEXING BELLIN'S GARDENS AREA As instructed by Council at the meeting of December 7t.b, City Attorney James A. Murphy presented a proposed ordinance to annex the Bellin's Gardens area to the City of Edmonds. It was moved by Councilman Nelson, seconded by Coun- cilman Tuson that propo6ed<70rdinancer#1587zbe passed, annexing the area known as Bellin's Gardens and legally described as Lots 16,17,18,19 and 20, R.C. Munger Addition No. 3 and Tract 11, Block 71 Alderwood Manor No. 9, except the North 420' thereof to the City of Edmonds. Motion carried unanimously. AUDITING OF BILLS A motion was made by Councilman Kincaid, seconded by Councilman Gellert that warrants No. 66 through 76 in the total amount of $179,551.24 be approved for payment from the 1970 Water -Sewer Revenue Bond issue. Motion carried. Councilman Kincaidfmade the motion, seconded by Councilman Nordquist that the following LID bills be approved for payment: LID ##172 - $65,839.90 to Edmonds City Treasurer interest warrants on bills to date; $690.65 to T. & E Construction and National Bank of Commerce for es- timate No. 3 deposit of retainage in escrow account No. 104, Schedule No. 1, and $6,215.87, to T & E Construction, Inc., for estimate No. 3, Schedule No. 1. LID #178 - $45.15 to Edmonds Tribune Review for notice of final assessment publication and $25.00 to'Systems Services Department for data processing services in connection with preparation of final assessment role. LID #186 - $735.00 to James A. Murphy for legal services rendered in full and that the City Clerk be authorized to issue an interest -bearing warrant to Edmonds City Treasurer in same amount to cover the bill. LID #187 - $615.00 to James A Murphy for legal services rendered in full and the City Clerk be authorized to issue an interest -bearing warrant in the amount of $615.00 to Edmonds City Treasurer to cover this bill. Motion Carried 1 1 u 2 2 f"i CORRESPONDENCE 1 1 • • The City Clerk read a letter from Don L. Hardy, 16038, 68th Ave., West, of Starlite Custom Homes in which he stated he was currently in the process of submitting a plat to the City of Edmonds for a piece of ground lying S.E. of the intersection of 156 SW and 70th W which he could divide into four (4) parcels under the process of sub -division, but he preferred to plat.it into 5 lots and install proper roadway and utilities. He was asking the Council's guidance on whether or not.they would consider an approval to va- cate 156th SW between 70th and 68th W. Mr. Hardy's request was referredv;to the City Engineer for a report to the Council. A letter of complaint on LID 178 was also referred to the City Engineer. COUNCIL PARTICIPATION Councilman Nordquist stated that on behalf of the Mayor and Council, he wished the citizens of Edmonds a joyous Christmas. He then went on to say that he had received a letter from Rev. Richard Gibson of the Terrace View Presbyterian church regarding the 'Neighbor's in Need' program. Councilman Nordquist urged the people in South County who were in a position to enjoy Christmas, to please be concerned with those people in the area who were not expecting to enjoy a very good Christmas this year because of the economic conditions. He asked that those citizens of this area who are able, to please share by donating money or groceries to the church in order to make happy the Christmas of those less fortunate. Mayor Harrison reported on a notification from the Department of Ecology of the State of Washington on Chapter 173-14 of the Washington Administrative Code pursuant to the Shoreline Management Act of 1971, Chapter 286, Laws of 1971 Extraordinary Session, which chapter provides for mandatory or optional public hearings to precede the issuance or denial of permits in order to al- low members of the public to present their.viewq, and whereas the proposed development of the Sunset Beach Park is.for the.purpose of creating greater ease of access and utilization of the Shoreline abutting said park without signigicant change to said shoreline, therefore, it was moved by Councilman Nordquist, seconded by Councilman Nelson that proposed Resolution #249 be passed, pursuant to the Shoreline Management Act of 1971, authorizing the Mayor to set a public hearing in the event of adverse comment on the proposed Sunset Beach' -,Development. Motion Carried. COUNCIL COMMITTEE APPOINTMENTS,FOR 1972. Mayor Harrison made the following appointments for 1972: Water Sewer Committee: - Don Tuson, Chairman Natalie Shippen Street Committee: - Jim Haines " Jerry Nelson, Jack Winters Safety Committee: - John ilrordquist" Jim Haines, Don Tuson i Capital Improvement: - Gary Nelson it John Nordquist, Max Gellert Representatives to Snohomish County Health District: Natalie Shippen, John Nordquist Representative to South Snohomish County Joint Planning Council: Jack Winters Ex-Officio Member of Planning,,C-ommission: Jack Winters Ex-Officio Member of Board of Adjustment: Jim Haines Ex-Officio Member of Park Board: Don Tuson Auditing Committee: - Max Gellert, Chairman Don Tuson, John Nordquist PRESENTATION OF PLANNING COMMISSION RESOLUTION 368 Planning Commission Resolution 368 was presented, recommending denial of a proposed amendment to the official street map, establishing a 16' alley be- tween 234th S.W. and 236th S.W., Planning Commission File ST-4-71 - no ap- peal had been received. City Planner Merlin Logan reviewed the public hearing before the Planning Commission and stated that the people who had initiated the proposal had withdrawn their petition and stated they would try to develop their own access. Following some discussion, a motion was made by Councilman Nordquist seconded by Councilman Nelson to uphold Planning Commission Resolution 368 recommending denial. Motion carried. PRESENTATION OF PETITIONS: Three petitions had been presented: 0 226 Z2 - • 1. Sewers - 85th P1. W., North of 218th SW 2. Paving of Elm from 7th to 8th 3. Underground wiring on Elm from 7th to 8th The City Clerk certified as to the validity of the signatures on all three petitions and the City Engineer explained the situation existing on 85th P1 W. and the manner in which it could be sewered. He stated that the assessment role could be prepared and a hearing date set. It was therefore moved by Councilman Haines and seconded by Councilman Nordquist, that February 15th be set as the date for the preliminary assess- ment role heafi_ng for sewering of 85th Pl.-W., as requested in the petition. Motion carried. In regard to the paving and underground wiring for Elm from 7th to 8th-this was referred to the City Engineer to prepara a report to the Council on these petitions. SECOND READING: PROPOSED ORDINANCE - LIQUOR LICENSES Second reading was held on.a proposed ordinance prescribing the procedure for approval or objection to liquor licenses within the City of Edmonds. It was moved by Council- man Kincaid, seconded by Councilman Nordquist that proposed Ordinance No. 1588 be passed and the motion carried. POLICY TO PROHIBIT FUTURE EMPLOYMENT OF INDIVIDUALS WORKING UNDER DIRECTION OF CLOSE RELATIVES Discussion on the policy to prohibit future employment of individuals working.under direction of close relatives had been continued from the meeting of December 7th. An alternate policy was suggested to state that anyone who has a close relative working for the City, would not be considered for employment. There was a great deal of discussion and a motion was made by is Councilman Kincaid, seconded by Councilman Tuson that an administration.policy be estab- lished that close relatives of present employees shall not be hired by the City with the exception of temporary help. This policy to be effective January 1, 1972, and that close realatives would mean the following: Husband,wife,father, mother, son, daughter, brother sister, auiht, uncle, cousin, nephew, niece, son-in-law, daughter-in-law, mother-in-law and father-in-law.::. Fire Chief Cooper spoke in regard to what he felt was the difference in Civil Service hirings because of the exams and ratings, etc. He added that the City of Edmonds had many relatives working and as a matter of fact, so did other cities. Captain Shields, in the audience, mentioned the Equal Employment Act and felt that this question would be tossed out by this Commission. Jack Cooper, Jr., was present in the audience, and since he felt that this particular problem was directed at him, he stated that Civil Service had its own exams and method of hiring or placing candidates on a list and also stated that you cannot speak for all supervisors in that although some would tend to look upon members of their family with favor, others might be stricter with their own family members tha:h with other employees. Councilman Haines stated that he would hate to see, for example, a new CAO hired who might bring in relatives to replace other Department Heads. There was a great deal of discussion on this matter. Fire Chief Cooper stated he was in favor of the policy, but the question should have come up before the Civil Service exams, and now that his son was next in line on the eligibility list, his hiring would not be by direct policy but because of merit via the Civil Service exam. City Attorney Murphy suggested that an independent personnel study could bring forth recommendations on this policy. Acting CAO Ron Whaley stated he would be in favor of the policy except in the areas where there are no examinations for eligibility lists. Following further discussion, it was moved by Councilman Haines, seconded by Councilman Nelson to amend the motion establishing the hiring policy by tabling this until a legal opinion as to the validity is • received and the opinion and recommendation of an outside consultant. City Attorney Murphy stated that there would be no hesitancy for the City not hiring relatives as long as there was no policy involving rac, sex, religious beliefs, etc. He added that there could' be a pr6.blem on Civil Service but that the City does have the right to make examinations available to people other than relatives under any policy such as the one they proposed. He also added that the eligibility list for the Fire Department stands, but the Mayor has the right to dismiss within a six month probationery period. A roll call vote was held on the amendment to table with Councilman Nelson and Haines voting in favor - all others against and this amendment failed. The original motion went to a roll call vote and passed with Haines and Nelson voting against. REPORT ON BIDS RECEIVED FOR GASOLINE AND DIESEL REQUIREMENTS FOR 1972 Bids bad been opened on December 20th at 2:00 PM in the Mayor's office for gasoline and diesel requirements for the City of Edmonds for 1972. In attendance at bid opening were' the Acting CAO, City Clerk, Deputy City Clerk and Councilman Kincaid. There was one bid received and it was suggested that -this bid be reserved until such time as county bids are opened on January 11th. Following discussion it was moved by Council- man Nelson, seconded by Councilman Nordquist that Council continue the report on bids received until January the 18th. A roll,. -,.call vote showed Councilman Gellert, Nelson and Nordquist in favor; Tuson and Haines against, and Councilman Kincaid abstaining. Motion carried. HEARING: ON PLANNING COMMISSION RESOLUTION #363 Hearing had been continued from October 5th on Planning Commission Resolution 363, re- u r I 2 21 F I C L, 0 commending approval of a proposed amendment to the official street map, correcting the location of 174th S.W., between 72d W., and Olympic View Drive in Planning Commission File'ST-5-71. City Engineer Leif Larson had prepared. a map with the revised location and he requested authority to proceed with this re=location of 174th. Mr. M. McLaughlin, 69089 174th was in the audience and he.spoke on the realignment and agreed.with the engineers drawing which verified a 301.right of way. No one else wished to comment, and the hearing was closed. It was moved by Councilman Haines, seconded by Councilman Nordquist to follow the Engineer's recommendation.and instruct the City Engineer.to proceed on the basis of the prepared map and boundary agreement method in order.to com- plete the establishment of the.right-of-way. Motion carried. There was no further business and.the meeting was adjourned at 11:40 P.M. JL611.0 Z_Z,0/a� Irene Varney M an, City Clerk January 4, 1972 ROLL. CALL � 1 Harare H. Harrison, Mayor The regular meeting of the Edmonds City Council was called to order by Mayor Harve.Harrison with all councilmen present. APPROVAL OF MINUTES Minutes of the meeting of December 21 had been posted and mailed. Under the heading of Council Committee Appointments for 1972, Councilman Gary Nelson asked that his name be corrected under Street Committee. Under the heading of Salary Ordinance 1972, the 1h to 3%"'education incentive should be changed to read 3% to 6%. There were.no other omissions nor corrections, and the minutes were approved as corrected. HEARING: FINAL ASSESSMENT ROLL..- LID 178 Hearing was held on the final asse��nrtoll for LID 178, UAB paving -of 76th W., Phase II. City Engineer Leif arson reported on the final cost of'this Phase II, giv"ing.the figure of $53,872.80 as chargeable to the LID in assess- ments at $4.00 per zone front foot, with the city participation in this phase amounting to $63,500. 'H`e then went on to explain the zone and termini method. of assessment. Engineer Larson summerized the complaints regarding construction or assessment, that had been received in letters from several property owners, and each letter was briefly dealt"with individually. Hearing was then opened. A gentleman in the audience asked a question on the opportunity to vote for or against an LID, and the City Attorney explained both the petition and resolu- tion of intention methods, and the hearing on the preliminary assessment roll, wherein if a 60% written protest is filed within the alloted 30 days following that hearing, the project would then be dropped. This man also asked if owners of property in a culdesac were assessed the same as those in the other areas within the project. 'Engineer Larson answered that all property within the 150,' is assessed, but that any beyond this 150' would not be assessed. Another gentleman asked how the assessments were decided upon, and Yie was answered that all abutting property was assessed up to the depth of 1501, and any other'property within the LID'boundarry was also assessed even though it did not front on the improvement. He added'that this was determined by state law. Mrs. Beeson had a question regarding the purchase of a.portion of her property by the state,.and wonder-ed.if she was being charged for that portion owned by the state.' She was assured that she was being charged only for the property in her name. City Engineer Larson advised Council that he would correct the assessments where an adjustment involving a legal description should be made; and he would look into the cases listing valid complaints against the LID. Hearing was then closed. A motion was made by Councilman Tuson, seconded by Councilman Slye that pro- posed Ordinance #1589 be passed, approving and confirming the final assessment roll for LID 178. Motion carried. CORRESPONDENCE A letter was read from Apex Garbage Co.,.notifying the City of.a proposed 8% increase in rates ;beginning ,,February 1, 1972. AUDIENCE PARTICIPATION Dick Myhre, 530 - 9th., asked if there was any indication of when the