Loading...
19720919 City Council Minutesn LJ 325 operations. Councilman Nelson said he would agree if this involved sewers, but he did not want to get into a swap situation. -Following further discussion, the motion carried-. CLAIMS FOR DAMAGES A claim for damages from Jack Everhart, 7909 - 186th S.W., for damage to his car when he hit an open manhole or cover at 228th and 76th was acknowledged by council, and referred to the City Clerk for processing. COUNCIL ACCEPTANCE OF PHASE-IB UNDER 9th AVENUE UAB For clarification, Attorney Wallace explained that the City is presently involved. in litigation by a subcontractor who has sued against the retainage and bond; the city takes -the position that there has been.an acceptance which would have occurred back in December of 1971, but that is being disputed. In the event it should be held by the court that it was not a valid final acceptance, this action should be taken tonight so that a determination of responsibility can be entered on the record. It was moved by Councilman Tuson, seconded by Councilman Nordquist that in the event that it is decided by the court that the prior acceptance was deficient, then the City Council will accept that portion of 9th Avenue UAB, known as Phase IB. The motion carr`'ed. DEDUCTION FROM 1973 REVENUES FOR REVALUATION Mayor Harrison reported that he had received a letter from the Snohomish County • Treasurer's Office, stating that under Chapter 102 of the Laws of 1972, it pro- vides that the county -assumed portion.of the cost of the revaluation program for the year 1972 shall be shared by the local taxing districts within the county in directe.� proportion to the -ratio of basic property tax levied on behalf of each local taxing district. This would mean that Edmonds' share would be estimated at $81,888.34, which would be deducted from the revenues coming to Edmonds in 1973. COUNCIL PARTICIPATION Councilman Haines stated that along with the applications for rezones,,plats, etc., applicant should include proof of ownerships and the city should have regulations on this. He felt the problem had been amply demonstrated tonight. Councilwoman Shippen remarked that sometimes ownership is so complex, and this having happened only a couple of times hardly warrants a regulation. Councilman Haines answered that many agencies do have requirements along these lines, and after due consider- ation, council should take some action on this matter. MAYOR&S REPORT ON POSITIONS AFFECTED BY SALARY STUDY Mayor Harrison said he had made up a list of positions that will be.affected by the Salary Study, with deviations from the minimum to show how many people are under the minimum and how many are paid over the minumum. This amounts to.$1569 per month to bring those positions up to minimum; that this would be explored first. Then the list will be analyzed to see what raises should be made beyond that. The Mayor presented copies of this list to council members for their perusal and review, with comments to be made at the next council meeting. There was no further business, and the meeting adjourned at 10:20 P.M. • r v Irene Varney Morard City Clerk Harve H: Harrison, Maybr September 19, 1972 ROLL CALL The 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 September 19 had been posted, mailed and distributed, and with no corrections nor omissions, they were approved as written. COUNCIL PARTICIPATION Councilman Tuson said he would like the Police Chief and the City Engineer to study the intersections around town where there are Yield Signs to determine whether it would be better to replace the Yield Signs with.Stop Signs. He is concerned with the intersections where the visibility is poor due to shrubbery or structures blocking the view. Councilman Tuson therefore, made a motion seconded by Councilman Haines to have the Chief of Police and the City Engineer make a survey of the intersections?with Yield Signs to determine if they should be replaced with Stop Signs. Councilman Gellert remarked that he personally did not feel that Yield Signs were proper at rectangular intersections. The City Engineer said it all 40 ers ,�- 326 • depends on which.streets have the most traffic and that Yield Signs are used to - indicate to drivers that they are approaching a street carrying a little heavier traffic. There was some further discussion. On call for the question the motion carried. Councilman Gellert stated that he had been noticing that the outfall from the Lynnwood Sewage Plant has been attracting seagulls much more than previously. He thinks the City should take an interest in it and contact the City of Lynnwood and if we do not .get any action there to contact the Environmental Protection Agency and see that it is cleaned up. Councilman Gellert thought some positive action should be taken and a report made at the next council meeting. The Mayor asked the City Engineer what has been the progress of Metro with the monitoring program. Mr. Larson replied that they have drafted an.agreement, but it has been held up pending an evaluation or some revised standards forthcoming from the Federal Government in regard to the standards required in the Puget Sound Area. After some further discussion the Mayor stated that he was having a meeting with Mayor Hrdlicka next week and that he will broach the subject at that time. Councilman Haines passed out copies of a newspaper article regarding a Code of Ethics for elected officials in the Borough of Anchorage. This code goes further than just elected officials, it also covers paid employees and unpaid members of Boards of the city government. Councilman Haines thinks it would be worthwhile to look into this again with the idea of establishing some kind of code that would apply to the elected officials and possibly extended to both the paid and unpaid people connected with the city government. Councilman Haines said he would like the City Attorney to look this over and report to the Council on October 3,-1972, if that is convenient. Councilman Haines stated further that we previously had a ruling from the Attorney General indicating that this is certainly within the province of the city to enact such legislation and that it was enforceable. City Attorney Wallace indicated he would be ready to report on October 3. Councilman Nordquist asked about the disposition of the material that was turned over ta= the CAO on the Sidewalk Ordinance. Six cities.had been contacted on the matter. CAO Whaley said he has asked Mr. Larson,,..Herb Gilbo and Harry Whitcutt to get together to review and analyze the material and give a report by the October 17th Council Meeting. AUDIENCE PARTICIPATION Fire Chief Cooper took this opportunity to announce the arrival of the new Emergency Aid Unit which has just been placed in service. He invited the Council Members to take a look at it. The Mayor asked what type of equipment the unit is carrying. The Chief replied that at the present time it is just routine equipment. The Mayor then inquired what additional equipment is planned and how the personnel will be trained. Chief Cooper answered that in addition to the standard first aid course and the advanced first aid course, there will be an additional 45 hour course which will eventually go into an 81 hour emergency medical course. Ten hours of the ,81 hours is actual time working in the Emergency Room at Stevens Hospital. Following this there is an,additional 140 hour Paramedical•Course, and when they graduate from that they are the same as a Medic. In reply to a question from the Mayor the Fire Chief said the unit will be supplied with a defibrilator following completion of the 81 hour course. Councilman Haines asked Chief Cooper if the First Aid Unit fulfilled the needs of the City for emergency service in light of the fact that we do not presently have an ambulance service in the City of Edmonds. Chief Cooper said it does fill the need and that most of the movements are directed to Stevens Hospital. Councilman Gellert asked what is done if a patient needs to be moved and it is not an emergency situation. Chief Cooper said that we advise them that there is no ambulance service in the city, and that there are several ambulance services listed in the yellow pages of the telephone book. The Mayor stated that South County is presently studying the possibility of an ambulance service for all of the South County Area, which would be operated by Stevens Hospital or by the Hospital District. This would be a self-sustaining operation: Following this Councilman Gellert made a motion to postpone the item on the September 26th agenda dealing with the ambulance situation until the committee studying this has something further to report. Councilman Haines seconded and the motion carried. Mrs. Sexton, in the audience, stated that she had attended the last Council Meeting and at that time Capt. Neuert had made a public announcement that her house had been repossessed. She said she would like to know -on what date, in what court, what judge was presiding over the matter, which mortgage company was involved and to whom the house was awarded. Following an inquiry from the Mayor, Chief Foster stated that he had read the minutes of the last meeting, but thought that he should not perform any further investigation since he is involved. He stated further that he believes the Mayor, City Attorney and the Council should look into.the matter and that all records will be available. The Mayor asked Chief Foster to inquire within his department to ascertain why the Police Department thought that Mrs. Sexton's house had been repossessed. Councilman Gellert asked if property could be repossessed without owner being notified.' City Attorney John Wallace replied that owner would be served with a Summons and Complaint. Mrs. Sexton asked if you would have a right -to appear in court in the event you were so served. The City Attorney said you can waive it by failure to appear. He also said the papers do not necessarily have to be.personally served. They can be served by publication. Mrs. Sexton said she is still in possession of the property and is wondering why the'Police Department became involved in 1 • 1 • I-' 1 0 • the matter. Councilwoman Shippen stated that this is the second time that these allegations have been made and she would like to have a report at the next Council Meeting. Councilman Haines raised'an objection and said he is not at all sure this is a public matter and thinks perhaps it should be handled by the administration. Councilwoman Shippen stated that she thought the charges were serious and that if Mrs. Sexton is willing to air this in public, the Council should have a written report on how this all came about. Councilman Nordquist said the Council should postpone any further discussion of this matter until the Council has the written report. A gentleman in the audience representing a group from Chase Lake attempting to annex to the City of Edmonds asked for a thirty day extension to secure more signatures on their petition. Councilman Nelson made a motion seconded by Councilman Nordquist to grant a one month extension to the committee working on the Chase Lake annexation. Councilman Gellert inquired how they were doing, and the gentleman replied that things are progressing very well. Upon call for the question the motion carried. CORRESPONDENCE The Deputy Clerk read a letter received from M.B. Meyring addressed to the Mayor regarding the preliminary plat of Meadowdale View. The letter requested that the Council reconsider their action of last Tuesday night denying the plat. Councilman Haines made a motion seconded by Councilwoman Shippen to reconsider Council action of last week denying the preliminary plat of Meadowdale View. The motion carried with Councilman Nordquist voting against. Following this, a motion was made by Councilman Haines and seconded by Councilwoman Shippen • to refer the matter back to the Planning Commission for rehearing. This motion also carried with Councilman Nordquist voting no. Mayor Harrison noted that Chief Foster is back from a 12 week course of study at the FBI National Academy at their new facilities in Quantico, Virginia. The Mayor read a letter from L. Patrick Gray, III, Acting Director, United States Department of Justice indicating that Chief Foster had successfully completed this course of study.. The Mayor also noted that 18 persons out of a class of 200 received straight "As" and Chief Foster was one of them. Councilman Haines made a motion seconded by Councilman Gellert commending Chief Foster on his showing for the City of Edmonds. Motion carried. Police Chief Foster thanked the Mayor and Council for allowing him the privilege of attending the FBI National Academy and said he just didn't want to let anybody down. Mayor Harrison then read a letter from the Association of Washington Cities containing a research report prepared by their staff concerning Initiative 261, together with a resolution expressing opposition to passage of this Initiative. The Association asked the Mayor to bring this resolution before the Council for adoption. Initiative 261 is a measure to remove the State of Washington from the operation of retail liquor stores. The City of Edmonds would lose approximately $141,751 annually if Initiative 261 passes. The reasoning in this is: -that private enterprise would be taking a profit that now is distributed back to city governments. Councilman Gellert made a motion seconded by Councilman Haines to postpone this matter until the meeting of October 3rd in order that Council have time to study the material. Motion carried. HEARING: ON RECOMMENDATION IN PLANNING COMMISSION RESOLUTION #383 Hearing was held on Planning Commission Resolution #383 recommending amendment • to Comprehensive Land Use Plan, removing and revising the areas designated for multi -family use, as set forth in Planning Commission File CP-1=71. Since this was a lengthy report involving twelve items, Councilman Nordquist asked if it could be broken up into sections perhaps by geographical location so that all persons there for the hearing would not have to sit through the entire report. After some Council discussion the Mayor stated that we could hear the matter in its"entirety. City Planner Logan stated that the action began about a year ago when some property to the east of Doces was rezoned from apartment zoning back to single family. After many hearings it was decided to review and possibly reduce the areas set aside for apartment use on the Comprehensive Plan. Mr. Logan displayed a map illustrating the difference between the Comprehensive Plan and the Zoning Map. He indicated that of the twelve proposals before the Council tonight the Planning Commission had approved seven of them. The reason for bringing this before the Council is to take a second look in light of a different public attitude, as the people are looking at apartment developments differently. Councilman Gellert asked if there had been any appeal from the denial of any of the areas that were denied. Mr. Logan answered no. The City Planner stated that a denial or a change to the Plan does not directly change the development rights of a piece of property. The first item discussed was a triangular section on the southwest side of Edmonds Way,'south of 226th SW. The Planning Commission felt that this area was somewhat isolated from any substantial business area where the city would like -to have an apartment complex. The Planning Commission approved a change from multi -family to a single-family designation. The Council had received a letter of opposition from Dr..Wellington. The Mayor asked Dr. Wellington if he would like to speak on the matter, and he stated that he had stated his case in the letter. One other gentleman in the audience said he was thereon the r1 U 328 same piece of property. Dr. Wellington said there were only three owners involved. • The second piece of property discussed was fairly large and,lies just south'of the City Park. The parcel is 21.9 acres and is shown on the Zoning Map as RS-6. The quality of*the housing is good and some apartment development has taken place around it. It was therefore recommended that the parcel be changed from multi -family designation to single-family on the Comprehensive Plan. Mr. Logan stated that just one person has objected to the change. The next parcel was an area located on the west side of 76th West, from 265 feet north of 206th SW extending northward to 199th SW. The Planning Commission felt that we should coordinate Comprehensive Plans with the City of Lynnwood in this situation, because on the east side Lynnood has shown a low density, single- family type of development and they have zoned it RS-8400. Mr. Logan stated that there was only one property.owner that disagreed with the change from multi- family back to single-family on this parcel. The next item involves property in the Five Corners area presently designated multi -family and the plan is to reduce the size of the parcel by cutting the northerly portion by approximately 250 feet. About half of the property is zoned for apartment use right now, but there is no development in the area. The change is to discourage requests for apartment zoning to the north of the existing RML zone. The next item concerned the same area and was an attempt to surround this business district with a band of apartment designations, however that failed. So the only action was to reduce the multi -family area to the north. City Planner Logan mentioned at this point that he was skipping over many things the Planning Commission discussed, but did not come before them in the form of a proposal, but are marked on the maps before the Council Members. He mentioned one in particular in the downtown area, sometimes known as the Missouri Valley, which is south of Dayton Street. He stated that he did not know why it was called Missouri Valley. Mr. Dewey Leyda, in the audience, said the reason for this was that all the original settlers came from the State of Missouri. The item discussed was a small piece of property a little less than an acre at the intersection of 220th and 76th West. This is an attempt to straighten out an irregular boundary line. This is a change from a commercial zoning to multi- family, and after notification of the property owners there was no one there to object. Mr. Logan noted that the property is right next to the Tri-City Trailer Court. The next tract of land concerns a change from Park designation to Multi -family on the northwest corner of the intersection of 230th SW and 76th West. The reason for this is that about three years ago the land was developed with 60 or 70 apartment, -units. This change then would bring the plan into conformity with the actual development of the property. The next change was from multi -family to single-family on two tracts of land on opposite sides of 236th SW east of Highway 99. These are the only two parcels of land on the east side of Highway 99 that are designated for apartment use lying south of 230th. Mr. Logan noted that there is a lack of coordination in this area between the Plan and the Zoning. This change was for the purpose of discouraging future apartment rezone requests in this area. Councilwoman Shippen asked if it would require a motion if the Council should wish to consider any of the proposals. City Attorney Wallace replied that the Council could consider all or any portion. Councilwoman Shippen then said she would like to review all of them, and that she was particularly concerned with the one at 7th and Main,.. Councilman Gellert then made a motion seconded by Councilwoman Shippen that the Council hear all of the proposals three at a time at successive Council Meetings. At this point Councilman Nordquist noted that they had already heard seven this evening and had audience input and did not see any feason for going over them again. After some further discussion,Dr. Wellington asked the Mayor to read a portion of the Planning Commission Minutes which had been handed to the Mayor at the start of -the meeting. The statement was one which had been made by Mr. Hayes and indicated that they did not know about the hearing until it was over. In reply to a question from'Council, City Planner Merlin Logan -stated that the Planning Commission is required to post ten days in advance of a hearing. A gentleman in the audience said he represents some of the property owners of one of the parcels. He stated that if -the Council is to reconsider any of these proposals he would like to know the' dates, so that they could adequately prepare their case. Councilman Nordquist said he would like to amend the motion to take the items three at a time and set the dates right now. At this point Councilman Gellert said he would reword his motion. Councilman Haines said he would like to call to the attention of the Council the full agenda for September 26th. Councilman Gellert then said we could hear Items 1-3 on October 3rd, Items 4-6 on October 10th, Items 7-9 on October 17th and Items 10-12 on October 24th. Councilwoman Shippen restated her second. At this point Councilman Haines questioned the City Planner about the Comprehensive Plan. Councilman Haines said that if the Zoning Map and the Comprehensive Plan are essentially one and the same, we show no projection for 1 1 Is 7, • 1 1 E • �329 future development. He said he wanted to confirm that this.is supposed to be a projection into the future and that essentially we are going to bring them into conformity. Mr. Logan said they are not being brought into conformity 100/ because the outline of the areas on the Plan are different from those on the Zoning Map. After some further discussion the Mayor asked if the Comprehensive Plan should not reach out for 20 years and be amended continually. Mr. Logan answered that was the aim of it. More discussion followed. On call for the question the motion carried. Following conclusion of the hearing, the Mayor called a five minute recess at 9:20 P.M. HEARING: ON ANNEXATION OF ANCHOR BOAT SALES This matter is to go before the Snohomish County -Board of Review. Councilman Nordquist made a motion seconded by Councilman Winters to set this hearing for November 7, 1972. Motion carried. REQUEST BY WASHINGTON HOUSING SERVICES FOR RESOLUTION IN CONNECTION WITH 60 UNIT TURNKEY PROJECT. The Mayor stated that there had been some concern recently about the solvency of the Housing Authorities. He read excerpts from an article that appeared in the Seattle Times on August 20, 1972. It said that the Seattle and King County- Housing Authorities have already made cutbacks and that they could be bankrupt within two months of the beginning of the fiscal year. Their fiscal • year begins October 1. Councilwoman Shippen stated that she had talked with Mrs. Goodwin by telephone and Mrs. Goodwin said the funds have been appropriated by the Congress, but they have not been released by the Administration. Councilwoman Shippen thought in light of this that the implication that there is no money available is incorrect and she can see no reason to delay this any further. CAO Ron Whaley said he had been in touch with Mr. Stoll and he had indicated that he or his assistant could attend the next Council Meeting, so he --can answer any questions from the Council Members at that time. Councilman Tuson said he wanted to know if we will get stuck for the $24,000 preliminary loan. Following this a motion was made by Councilman Nelson and seconded by Councilman Nordquist to delay this matter until the September 26th Council Meeting. Motion carried. SECOND READING: PROPOSED ORDINANCE IN ACCORDANCE WITH WATER SYSTEM STUDY FOR CITY. (COUNCIL ACTION OF JULY 25 - CONP D. FROM AUGUST 15) City Engineer Leif Larson stated all facts and figures were presented on this matter on two different occasions. The question that arose at that time was if a lump sum payment was made on the cost that we estimated, what would it be per custormer so they wouldn't have to have their service charge increased and pay interest. He estimated that payment to be varying from $400 to $500 per customer. If we go into the revenue bond system we usually float the bonds before we go into construction. Under the revenue bond procedure we would get a questionable amount of cash back. With an LID you have the interim financing for construction, following this you have a final hearing and you give the people thirty days to then pay a cash settlement for the total assessment if they wish. Then you sell the bonds for the remaining unpaid assessments and this covers a ten­year period and the people have the privilege of paying in • ten annual increments. Another question that had been raised was on latecomer connections. Engineer Larson said this could be modified to about $40 per year and if someone waited thirty years he would pay the full amount which would be approximately $900. There was considerable Council discussion. Then the Mayor asked if anyone in the audience wished to comment. Mr. Bill � guarP,15915 - 70th Avenue West said he had reservations at the last meeting, but that what Mr. Larson proposes now seems fairer than the previous proposal. He said it still seems to him, however, that the City is reneging on the present -ordinance which specifies a 50-50 cost sharing basis for putting in a water line. Mr. Alguard stated further that the City seems to be saying' that we can force an LID on them because of a health hazard. He also said he wished they did not have to pay for sewers they did not have and probably never would -have. The Mayor said at this point that the charge is a utility charge and not a sewer charge; which takes care of a wide range of developments. Following some further discussion a motion was made by Councilman Haines and seconded by Councilman Nordquist to,postpone this matter until the October 3rd meeting so that Mr. Larson can put,this conversation down in the way of figures and also a deferred payment plan and have the City Attorney look into the legality of whether this is a bondable situation. Motion carried. REPORT ON BIDS OPENED SEPTEMBER 14 ON LID 189 - SEWERS, 85th PLACE WEST City Engineer, Leif Larson reported on bid opening for LID 189 (Sewers, 85th Place West) on September 14 in the Edmonds City Council Chambers. Bids were opened by the City Clerk, Irene Varney Moran and the witnesses were: Mr. Larson; Eleanor Quealey, Deputy City Clerk; Wayne Jones and Reinhart Jung with Reid, Middleton and Associates, Inc. The bids were as follows; • 330 EERKES CONTRACTING, INC $189155.00 • SHAFFER ENGR. & CONSTRUCTION CO., INC. 23,500.00 BEN HOLT CONST. INC. AND TAYLOR UTILITIES 23,711.50 SEA -PORT BULLDOZING 279037.00 WICO, INC. 29,360.00 Engineer Larson stated that the low bidder had done work for the City before and he recommended award to Eerkes Contracting, Inc. A motion was then made by Councilman Nordquist and seconded by Councilwoman Shippen to accept the low bid of Eerkes Contracting, Inc. in the amount of $18,155. Motion carried. PRESENTATION OF PLANNING COMMISSION RESOLUTIONS: #388 - APPEAL FROM RECOMMENDATION TO DENY A PROPOSED AMENDMENT TO OFFICIAL ZONING MAP DESCRIBED IN FILE R-6-72. #389 - HEARING ON AMENDMENT TO OFFICIAL ZONING ORDINANCE, IN ACCORDANCE WITH PLANNING COMMISSION FILE ZO-4-72. A motion was made by Councilman Nordquist and seconded by Councilman Nelson to set October 10th for hearing on Planning Commission Resolution 388 and 389. Motion carried. APPROVAL OF PRELIMINARY PLAT OF BALLINGER SHORES, A 6 LOT PLAT ON EAST SIDE OF 76th AT 242nd SW. (APPROVED BY PLANNING COMMISSION ON SEPTEMBER 13. 1972) City Planner, Merlin Logan stated that this item got on the agenda quite early and he did not have time to send out drawings, however there have been no problems and no citizen objection to it. Following a brief discussion a motion was made by Councilman Nordquist and seconded by Councilman Nelson recommending approval of Preliminary Plat of Ballinger Shores, subject to engineering requirements and subject to erection, -.of a barricade across Bradley Road. Motion carried. COUNCIL COMMENTS ON MAYOR'S LIST OF POSITIONS AFFECTED BY SALARY STUDY The Mayor reported that he had information from the City Attorney indicating the Salary and Wage Board has authorized a 51,-2 increase in salaries from November 1971 to November 1972. As of last January a 2% City raise given to all City personnel across the board, thus leaving 312-. The figures submitted to the Council would consume about 1.6% bringing all salaries up to the minimum., This would leave 1.9% or approximately $2,000 per month for merit increases to be determined sometime during the month of October. The Mayor said that he and the CAO feel they would like to promise sometime during the month of October that these increases would be retroactive to October .1st. At this point CAO Ron Whaley said that he had called a Staff Meeting following the September 5th Council Meeting and asked the staff to evaluate the people in their departments and come up with some recommendations following guidelines as recommended by the Council. There will be a meeting next Monday with the Wage and Price Board which Mr. Whaley and Mr. Wallace will attend to discuss this in further detail. Mr. Whaley stated that he personally would rather make one wage adjustment, that adjustment to become effective October 1st. Allen Tuttle, Finance Director, has contacted the EEA to see about additional funding to take care to the raises for the five' EEA people. Councilman Nelson stated that he had reservations, but is now completely satisfied with the proposal as set forth by Mr. Whaley. Councilwoman Shippen stated that she did not approve of four department heads being ranked under the Assistant Fire Chief. She thought a situation such as this lowers the morale and that these rankinisshould be looked into. Councilwoman Shippen stated that she did not think the department heads should noEt have to appeal their own rankings. Councilman Gellert stated that he thought the department heads should be looked after by the Mayor and CAO. Councilman Haines stated that the Council should not take away from administration the running of the internal affairs of the city. In discussing the Review Board, Councilman Nordquist stated that he thinks someone from the Council should sit on this Board. It was mentioned that members of the original evaluation committee would sit on the review board. There being no further business, the meeting was adjourned at 10:50 P.M. Irehe Varney Moral City Clerk September 26, 1972 RnT.T. rAT.T. Harve H. Harrison, Mayor Regular meeting of the Edmonds City Council was called to order by Mayor Harve Harrison. All council members were present. I. - I 11 1 0 1 1 •