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19721212 City Council Minutes382 cluding $50,000 for undergrounding and $20,000 for park improvement. U Councilman Tuson said he felt a fund should be set up for transportation, and there followed discussion on this, including use of tax money and the availabilty of matching funds if the money is used from a city owned utility or from house- hold tax source. In regard' to the Special Library Fund, amounting to a sum of $1124, City Attorney Murphy suggested reducing the unallocated figure by that amount. He said the original purpose of the money was not for maintenance and operation, but rather for purchasing a painting, sculpture, or something along those lines. He advised that it is a nuisance to keep book accounts on this. One item CAO Whaley stated should be added to the general services was a blanket insurance policy which the Attorney had urged and advised, for an additional coverage of up to a million dollars for a premium of $2300 to $2600 per year. Attorney Murphy said he had looked over the policy proposed by Hubbard, and felt that the City has so much exposure both over and underground, and with rolling stock, there were many risks. Mr. Murphy felt it was a cheap premium for the amount of coverage and recommended it with no hesitation. Following some further discussion, it was moved by Councilman Haines, seconded by Councilman Nordquist to add'the one million dollar additional insurance coverage suggested by the City Attorney at a cost of between $2300 - $2600 annual premium. Motion carried. Councilwoman Shippen suggested that council consider sometime soon a couple thousand dollars for the Senior Center hot lunch program. She said that other cities�in'the-area..have contributed to this, and she felt there was a need. The Mayor pointed out that we now have committed ourselves to three different expen- ditures for the Center - a $10,000 to $12,000 debt service on the bonds; $17,000 in -kind service contribution; and a yearly expense for M & 0 on the Center. He cautioned council to take all this into consideration when thinking of making additional contributions, and he questioned since the Center is the South County Center, Edmonds should not be expected to contribute 90% of the effort. Council- woman Shippen commented that she felt this was a real bargain, with opportunity to obtain it having come through the Senior Center; it was an enormous asset; and the M & 0 would be investment in our own property. There was some further dis- cussion and clarification of in -kind contributions, and a motion was then made by Councilman Haines, seconded by Councilman Nordquist to pass proposed Ordinance 41629, being a balanced budget of the City of Edmonds for 1973, with $7,054,497 net revenue, and unallocated surplus of $172,680. Councilman Gellert then moved, seconded by Councilman Nordquist to amend the motion to state for a total revenue of $7,227,177; Contingency fund add $11.0,080; and E.E.A. labor reserve fund of $60,000; and decrease of the general services to $153,934, which would make the expenditures $7,227,177. At this point, Councilman Gellert said he wished to commend the Mayor and Administration for having the City of Edmonds in excellent financial position, where we have cash on hand of a million and a quarter, and a budget where he believed we can really move forward and give the citizens of Edmonds the services they want. Councilman Tuson asked the CAO for an explanation and clarification of the TOPICS program, which Mr. Whaley explained as the traffic safety study, and this was discussed briefly. There was then call for the question, and the amendment carried. The motion as amended then also carried, and the hearing was adjourned at 8:40 P.M. Irene Varney Mor , City Clerk December 1.2, 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 except Nelson. APPROVAL OF MINUTES Councilman Gellert asked for a correction in the Budget Hearing Minutes for December 6th. On page 2, the 10th line from the bottom where it says "and decrease of the general services", it should say "increase". Another item he mentioned was on page 3 of the December 5th Minutes, the next to the last state- ment. He wishes his remark regarding turn-arounds to be deleted. COUNCIL PARTICIPATION Councilwoman Shippen said she had read in the newspapers that a Community Develop- ment Department had been created by executive order, and that it was her under- standing that this department does not, in fact exist. She said further, that according to the Optional Municipal Code, only the Council can define the functions and powers of its officers and employees. The Mayor noted that this department has not been established. Councilman Haines asked if we had received a letter from I-1UD stating that we had made no violations with regard to the submission of appraisals, etc. for the fl I 11 1 • I. 0 • 1 � I 3 �8 3' Senior Center Building Program. The Mayor said we have not as yet received such a letter. Councilman Gellert said that he had noticed that the city had received the first Revenue Sharing check in the amount of $74,504, which was over $9,000 more than our budget showed. He asked if we could expect the balance to be higher than we had expected? CAO Ron Whaley said he would assume so. Councilman Haines asked if the Mayor or Mr. Whaley could write a letter to HUD asking them for the letter they had promised and enclose a copy of the minutes as this would be helpful in refreshing their memory. Mayor Harrison said he had an Application for Liquor License (E and F) for the Mellow Cask at 190 Sunset Avenue South. The owners are Ronald Moore and wife, and Mayor Harrison said he could see no objection since it would be for packaged beer and wine. Chief Foster said that he has not yet completed his investigation, but at this point thinks the owners are responsible people with no criminal record. He can, therefore, see no reason for a delay. A motion was then made by Councilman Haines and seconded by Councilman Gellert to approve the liquor License application for the Mellow Cask'subject to the approval of the Police Department. The motion carried with Councilman Nordquist voting against. Mayor Harrison announced that there is an opening for Position 48 on the Planning Commission. This position is now occupied by Jack Christofferson whose term is up. The Mayor said he had noticed that there was no re presentation from the Edmonds Business District and stated that he would like to appoint Ray Sittauer to the position. Mr. Sittauer has been a downtown businessman for many years and • operates the upholstery shop. A motion was made by Councilman Tuson and seconded by Councilman Gellert to approve the appointment of Ray Sittauer to Position 48 on the Planning Commission. The motion carried with Councilwoman Shippen abstaining. Mayor Harrison then read a letter from Allen Hendricks indicating that he was resigning from the Civil Service Commission. Mr. Hendricks noted that he is now the Everett City Attorney and feels there could be a conflict of interest. Mayor Harrison asked for confirmation of his appointment of Phil Averill to the Edmonds Civil Service Commission. Mr. Averill is a retired Police Chief and now teaches Police Sciences at Everett Community College: A: -,motion was made by Councilman Nordquist and seconded by Councilman Tuson to confirm the appointment of Phil Averill to the Civil Service Commission. This motion also carried with Councilwoman Shippen abstaining. AUDIENCE PARTICIPATION Mrs. Jane Cunningham, 1030 Grandview was in the audience and wished to bring to the attention of the council some problems in connection with a convenience store located -near her home. She passed out a sketch indicating the location of a fence and catch basins, etc. Mrs. Cunningham stated that there was supposed to be a 6 ft. fence put in behind the store, but actually it is 5 feet and less then that in some areas. Moles are now working underneath the fence and bringing up dirt, which is undermining the fence and bulkhead. She said there are many heavy delivery trucks coming in behind the store and Mrs. Cunningham wonders if the bulkhead can stand this kind of weight. A further problem is the drainage. She stated that there is drainage from the rear of the roof, but the slope of the blacktop is such that not too much of this water goes into the catch basin. Some of the drainage goes down to Mr. Phillips house and some down the driveway to a catch basin in front of Mr. Herb's garage. Mrs. Cunningham is concerned that this drainage will • come into her yard when the blacktop starts breaking along the fence line. It is her feeling that the convenience store should be required to correct the situation and its_1nould not be the responsibility of the adjoining property owners. Councilman Tuson asked Assistant City Engineer, Richard Allen, what could be done to correct this problem. Mr. Allen said he had reviewed the drainage situation and said that the Engineering Department has recommended that the owner be contacted and asked to divert the roof drainage and make repairs as soon as the weather is favorable. Mr. Allen said we do not have any specifications for parking lot asphalting, but they did require the containment of the drainage. The original plans had called for drainage to come around to the front of the building. They had placed a berm there, but it is not working. After some discussion, it was suggested by Councilman Gellert that perhaps there should be a place on the. Occupancy Permit for an Engineering sign -off and he recommended this. Councilwoman Shippen asked who is responsible for the maintenance of the fence. City Attorney Murphy stated that since this is the zoning line between single-family and business,.the city can require that the business keep the fence in repair. Following more discussion, Mayor Harrison asked Mrs. Cunningham what she wanted the city to do about this problem. She answered that the only long range solution would be to redo the back and put in a concrete bulkhead that is:::.above the level of the ground and have the drainage fully contained. City Attorney Murphy said if the drainage. is not working it would apparently have to be redone. With regard to the bulkhead and the fence, it was thought that this could be watched and if it becomes damaging to the neighbor, the matter could be reviewed at a later time. After further discussion, Mayor Harrison asked Mr. Allen to'keep an eye on the situation. CORRESPONDENCE Mayor Harrison said he had a letter from the Highway Commission in answer to his 0 • letter to them regarding the construction of a full diamond interchange at I-5 and 220th. The Highway Commission stated that additional ramps at 220th would cause weaving conflicts with the ramps at 236th. They said this proposal would be considered favorably only if the 236th Street ramps were removed. To date, Mountlake Terrace has not agreed to remove the 236th Street ramps. Mayor Harrison said that perhaps the next effort should be for the City of Edmonds to urge the ,City of Mountlake Terrace to remove the ramps at 236th Street. A motion was then made by Councilman Gellert and seconded by Councilman Tuson to encourage the Mayor to seek the cooperation of Mountlake Terrace for the best solution to freeway access at 220th or 236th. Motion carried. METRO TRANSIT SYSTEM PROPOSAL Bill Nims with the Edmonds Engineering Department, stated that he is a member of the South Snohomish County Transit Board and has worked with the Metro people for several weeks to come up with an equitable arrangement for Edmonds with regard to public transportation. He felt we would be pleased with the proposal to be submitted tonight. He then introduced Larry Coffman, Director of Transit with Metro. Mr. Coffman stated that in previous talks Metro had been attempting to deal with each city individually, whereas now they are thinking of Snohomish County as a separate entity. It is their thought to take profits from routes not losing money and applying to others operating at a deficit, therefore keeping all routes operating on a no -deficit basis. He noted that freight revenues can also be used to make up deficits. Mr. Coffman introduced Mr. Vic Sood who was to explain the steps to be taken in implementing this new program. Mr. Sood stated that: (1) There would be a fixed ceiling on deficit costs for each -agency and there would be a cancellation clause in the contract giving both parties the choise to cancel when deficit ceiling has been reached. (2) Surplus on the Highway 99 run in Snohomish County will be pro -rated as credits to any agency on that run which has a deficit. The only agency on that run which has a deficit is Snohomish County. (3) If overall Phase II has a net surplus, this surplus will be applied as credits to deficits on the Mountlake Terrace and Edmonds runs in Snohomish County. The South County Transit Board had a meeting, at which representatives from the City of Everett were present also, where it was decided to accept this basic contract. All cities will be getting a memorandum in a day or so. Each juris- diction or agency will sign a like contract with Metro on an annual basis. Metro will send each jurisdiction a monthly billing to make semi-annual payments, if. any. All surplus on the Highway'--99 run will be applied to offset deficits on the Mountlake Terrace and Edmonds runs. The City of Everett has indicated that they will take their busses off Evergreen Way and let Metro operate there, which will create another source of revenue. Mr. Dela Barre explained some of the bus schedules following an inquiry from Councilman Tuson. He said that one of the major features of the new service is complete transfer capability to any bus route in the entire King County Area. Rough drafts of the proposed contract were passed out. It was explained that there will be a companion --agreement to go with this contract which will be ready for the meeting on the 26th of December. JOINT PRISONER DETENTION AGREEMENT WITH CITY OF LYNNWOOD 1 n LJ 1 Police Chief, Marlo Foster recommended that this agreement be approved subject to clarification of Par. 11. The City Attorney has suggested that we talk to . our insurance agent and perhaps get this one paragraph re -worded. Mayor Harrison asked what the rates were. Chief Foster said it would be around $7.00 per day, including booking in and out., Following some further discussion a motion was made by Councilman Gellert and seconded by Councilman Nordquist that we accept this agreement subject to the direction and approval of the City Attorney. Motion carried. REQUEST OF OLYMPIC VIEW WATER DISTRICT FOR TRANSFER OF WATER MAIN TO CITY OF EDMONDS Mayor Harrison read a letter from the Olympic View Water District making this request, however CAO Ron Whaley asked that this matter be postponed to the January 9th meeting. A motion was made by Councilman Nordquist and seconded by Councilman Winters to postpone this item until the January 9th council meeting. Motion carried. Councilman Gellert asked if the council could at that time have maps of the water mains to which they can refer. AUTHORIZATION TO RELEASE SLOPE EASEMENT - LOTS 1 AND 2, BLOCK 66 Dick Allen stated that some time ago an easement was obtained on this property which is off 9th Avenue south of Edmonds Street. At the present time the lot has been filled and the city sees no reason to retain this easement, and the Engineering Department recommends that it be released. A motion was made by Councilman Nordquist and seconded by Councilman Winters to accept the recommendation of the Engineering Department. Motion carried. CAO REPORT Mr. Whaley reported that Parks and Recreation Director, Rod Garretson, has been 0 n LJ 380 negotiating with the Edmonds School District for the use of part of the facilities at the Edmonds Elementary School for some of their activities. This space would include about four classrooms, restroom and the gym. A proposed draft of the agreement states that the District would make that space available from December 15, 1972 to August 15, 1.973 at a cost of $300 per month. The District would provide heat, light and water, the City would provide day to day operational checks and the School District would provide janitorial services. Mr. Garretson at this time has not completed his program, so has no idea what the revenue would be to offset the lease expenditure. However, he believes the gym would be used most of the time. A motion was made by Councilman Nordquist and seconded by Councilman Winters to postpone any decision on this matter until December 19th at which time the council can discuss it with Mr. Garretson. Motion carried. There being no further business to come before council, the meeting was adjourned at 9:20 P.M. I Aol�� Irene Varney Mora City Clerk December 19, 1972 ROLL CAT.T. Harve arrison, Mayor The regular meeting of Edmonds City Council was called to order by Mayor Harve Harrison. All council members were present except Nelson. • APPROVAL OF MINUTES Minutes of the meeting of December 12 had been posted, mailed and distributed, and with no omissions nor corrections, they were approved as written. COUNCIL PARTICIPATION Councilman Haines inquired if a reply had been received from HUD as requested. Mayor Harrison answered that a letter as requested in entirety had been received, signed by Mrs. Steele. Councilman Gellert, referring to appointments to various boards and commissions made by the Mayor at council meetings, said that he felt council in many cases did not know enough about these people whoseappointments they were being asked to confirm. He asked if perhaps the appointees could be present on the day of their appointment, and possibly if each councilman might receive a resume' with their qualifications stated. Councilman Tuson commented on the press release which said the councilmembers had been pressured by Department Heads, and other Staff employees in reference to the budget they had adopted. Councilman Tuson wanted to make it clear that he was in the habit of making his own decision as he saw it, and had not been pressured by anyone in making up his own mind on the budget or any other matter. Mayor Harrison reported on a note added to a returned questionnaire from Chester Olson which asked why a private citizen has to spend $25 to appeal to the Board of Adjustment when the basis is a complaint between the Building Official and the citizen. The Mayor said he was bringing this to council attention because he was • also concerned about this fee. He conceded that a plat, variance, or conditional use might involve something of value, but in this case of appeal perhaps a $10 fee would suffice, and he asked the City Planner if the $25 was justified. City Planner Merlin Logan noted that this particular fee was set about 8 years ago, and anything which is brought before the Board has a fee attached, but that there was no ordi- nance setting the'fee. Harry Whitcutt, Building Official, stated that there is no fee charged on an appeal to the Board of Appeals. Mayor Harrison said he would like to have council consider lowering the $25 fee to $10. Councilman Gellert said he agreed, and made a motion to that effect, but Councilwoman Shippen noted that if there was no -ordinance setting this fee, council action was not necessary. Councilman Haines commented that it would be interesting to know the facts concern- ing the note which the Mayor had read, but Mayor Harrison did not know the person who had wrote it, only that he agreed with the suggestion, and would arbitrarily lower the fee to the $10. AUDIENCE PARTICIPATION Pete Juhlin, Hub City Ambulance, stated that his company would like to keep their ambulance at 542 Bell Street; that they had the permission of the owner and also to construct a carport. He asked for council authorization for this. Mr. Juhlin was told -that since the location is zoned commercial and he would be requesting a building permit from the Building Dept. for the carport, no problem was forseen. Mr. Juhlin then asked if when they move into Edmonds and when the City Aid Car rolls, would it be alright for the ambulance to roll with the Aid Car on accidents? Mayor Harrison answered that he could see nothing to prevent them from doing this. However, Mr. Juhlin stated that they had not done this in the past unless called. Councilman Haines suggested taking this request under advisement in order for .Mayor and Council to consult with the city Police and Fire Departments before