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19740903 City Council Minutes14 ENGINEER'S REPORT ON PROPERTY APPRAISAL OF SITE ON 84TH W. RIGHT-OF=WAY • City Engineer, Leif Larson reported on this item, however if was suggested that this.matter be postponed until there is'.a full council presento Mr. Welling stated MOTION° that`he would like to see the appraisalo COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST TO POSTPONE THIS MATTER UNTIL THE NEXT MEETING WHEN THERE WILL•BE.A FULL COUNCIL. A ROLL CALL VOTE RESULTED IN AFFIRMATIVE VOTES -FROM GELLERT-AND SHIPPEN AND.NEGATIVE VOTES FROM WELLING AND NORDQUIST. MAYOR HARRISON VOTED "YES" TO -BREAK THE TIE AND THE MOTION CARRIED, REPORT ON -REVIEW OF FRANCHISE AGREEMENTS WITH PRIVATE UTILITIES City Attorney, John Wallace➢ reported that the last -franchise agreement with the telephone company had been executed in 1934. This ran for 25 years and expired in This was with the West Coast Telephone Co. At the -present time there is,no agreement between General Telephone Company and -the City of Edmonds. Mr. Wallace stated that:even,though a franchise agreement does not provide for -the re -location at the time'of a.municipal improvement does not provide specifically that a utility must move them, the Supreme Court has held that they must re=locate,them at their own expense and are not entitled to compensation for such cost of re-locationo Mr. Wallace stated that the telephone company indicated that they have not had requdsts>in recent years for franchises. Further information was provided to council via a memo from the attorney to the.Mayor-and each council"member. REQUEST FORBID DATE FOR CONCRETE STORM SEWER PIPE -AND APPURTENANCES 1959. 1 Herb.Gilbo, Director.of Public Works, requested that the council set a bid date for fhe-above-material which is to be used for Olympic View Drive,.86th.West MOTION: and the 1974 storm sewer improvement program. COUNCILMAN NORDQUIST MOVED➢ SECONDED • BY COUNCILMAN WELLING TO SET SEPTEMBER LOTH AS THE BID DATE. MOTION CARRIED. IT WAS DECIDED TO HOLD THE EXECUTIVE SESSION SCHEDULED FOR THIS EVENING AT SOME LATER.TIME, WHEN THERE WILL BE A FULL.COUNCILo There-being.no further business to come before council, the -meeting -adjourned at 10:25 P.M... r; �4 , - -,7 �,� a. 1- 4- - IRENE VARNEY MO City 2 2 Clerk September 3, 1974 ROLL CALL HARV H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison, with all council members present. APPROVAL OF MINUTES Councilwoman Shippen mentioned the last sentence in the first paragraph -.,under Council Participation in the August 27th minutes; she said that she was referring to the entire area south of Dayton Street and west to the railroad right-of-way, and not the Pointer -Willamette Building. She then wished to make an addition in the second -paragraph following Councilman Nelson°s motion.- She wished to note"that she inquired if -the Pointer -Willamette Building would be included in the parking study and that Councilman Nelson responded that it would. Councilman Nelson stated that it should be made clear that the $27,000 designated for -parking study and acquisition of parking space is, -in fact, guaranteed monies from the IAC; and that money is guaranteed for engineering studies. The minutes had been posted, mailed and distributed; and with the corrections and additions noted, were then approvedo COUNCIL PARTICIPATION Councilman Nelson stated that -he would -like to suggest that the-councii move for the adoption -of a resolution that would -endorse the county=wide publid'trans- portation measure to be on the September 17th primary ballot. Councilman Nelson MOTION° then read the proposed resolution. _COUNCILMAN NELSON THEN MOVED, SECONDED BY COUNCILMAN NORDQUIST TO PASS`REEOLUT'IQId' MOTION CARRIED. Councilwoman Shippen asked the City Planar, if -it would be•possible, in connection with the parking study for the fishing pier, to give the council a.rundown of the parking deficiencies generally along the waterfront. She said she would• like a report on what would be required. Mr. Wallis replied that they could make an analysis and could make some fairly accurate estimateso He thought it would take 3 or 4 man -days to make this study. Councilwoman Shippen suggested that council members read "American Burning", which is available in the Fire Department. It is a report put out by the National Commission on Fire Prevention and Safety. She thought that it would 1 • 1 0 175 be advisable to look at this report before budget discussions, and that the report would have a lot of useful information to reflect upon,. Chief Cooper stated that he would be most happy to provide a copy for each council member. AUDIENCE PARTICIPATION Tom Carnes, a Ballinger Area resident, repo rted•that at 3:30 P.M. yesterday there was a fire four doors away from where he lives, The garage burned.down and there was damage -to the structure. He said that the -Fire Department arrived in approximately six minutes, and did an outstanding job in putting out the fire, Mr. Carnes thought, however, that if Fire Station #2 had been manned the damage would have been less extensive, Mr. Carnes stated that he does not think the Ballinger Area has adequate fire protection, and that he would like the Mayor and,City Council to give this matter some thought, There was some general discussion regarding location of stations in other jurisdictions and response -times, with Chief Cooper answering questions, Mayor Harrison asked Chief Cooper whether he would favor the downtown station or the one at Five Corners in the ebent the city could afford only'one station, manned around the clock,* Chief>Cooper stated that he has contacted the Rating Bureau, and they felt the downtown station would be better,' Chief Cooper pointed out that if we were to man Station #2, there would'have to be considerable expansion of that buildingo' Chief Cooper stated that he is studying the manning possibilities in the Fire Department' for instance, whether it would be better .to close down one station and operate out of one•main station,; etc. There was further discussion, and Councilman Welling stated that he was concerned.about the situation, and thought perhaps the city should consider putting more manpower into the Five'Corners Station right now. Councilman Nordquist suggested that nothing be done until Chief Cooper has made his report. He then stated that • this matter be placed.on the agenda for September 17th, HEARING: SHORELINES MANAGEMENT PLAN - City -Planner, Joe Wallis, reported that this matter will be coining before the Planning Commission tomorrow evening, and would therefore like to have it MOTION: postponed until one month from now, COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILWOMAN SHIPPEN TO PLACE THIS'MATTER ON THE AGENDA FOR OCTOBER 15TH, MOTION CARRIED, PRESENTATION OF PETITION FOR ANNEXATION "SEATTLE HEIGHTS" Mayor Harrison announced that a Certification of Validity and Sufficiency of the above -mentioned petition has been received fromthe City Clerk, The signatures constitute more the 75% of the assessed valuation of the property MOTION: to be annexed, COUNCILMAN GELLERT MOVED, SECONDED BY COUNCILMAN NORDQUIST TO SET OCTOBER 22ND AS THE HEARING DATE ON THE PETITION FOR ANNEXATION, SUBJECT TO NOTIFICATION FROM THE BOUNDARY REVIEW BOARD: AND THAT COUNCIL ACKNOWLEDGES RECEIPT OF THE PETITION, MOTION CARRIED 1ST READING PROPOSED ORDINANCE LOAD LIMITS OLYMPIC VIEW DRIVE First reading was had on a proposed ordinance of the City of Edmonds amending Sec, 8.64.080, Schedule VIII of the Edmonds City Code restricting the use.of commercial vehicles on Olympic View Drive from Puget Drive to 76th Avenue West, REPORT ON BIDS OPENED AUGUST 29TH - SALE OF CITY -OWNED VEHICLES • Director of Public Works, Herb Gilbo, reported that on the 29th of August the City Clerk opened bids for the sale of city -owned vehicles. He requested council approval to dispose of the said vehicles to the highest bidder for same. Bids -were as follows: 1, 1972 Dodge Polara', unit 133* $8769 $8519$826 Rec. Accept $876 2, Tao 1972 Doge Polaras units #131 and #130 No bids received 3, One 1969 Plymouth Fury I $4109 $326 " " $410 4, One 1970 Harley-Davidson Motorcycle $1515.15 " " $1515.15 50' One 1965 Ford Station Wagon No bids received MOTION: COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN ANDERSON TO ACCEPT THE BIDS ON ITEMS 1,-3 and 4, Mr, Gilbo recommended that we"wait approximately two weeks and then re -advertise the items upon which no bids were received, and add more items to them, ON CALL FOR THE QUESTION, THE MOTION CARRIED, ENGINEER'S REPORT ON PROPERTY APPRAISAL OF SITE"ON 84TH W. RIGHT-OF-WAY City Engineer, Leif Larson, reported that the appraised amount of this property is $1,18.0.629 and that according to the city attorney, the*city cannot be compensated in an amount that.would exceed one half of the appraisal, which is $590631. Mr, Larson suggested, that the'$40,00 appraisal fee also be included, which would make a total of $630.31. Following some MOTION:discussion, COUNCILMAN NORDQUIST MOVED, SECONDED BY COUNCILMAN GELLERT TO DENY THE VACATION -OF A PORTION OF 84TH AVENUE WEST, A ROLL CALL VOTE RESULTED IN COUNCILMEN GELLERT AND NORDQUIST VOTING "YES" AND THE REMAINING COUNCIL MEMBERS VOTING AGAINST AND THE MOTION FAILED TO CARRY, • 76 • MOTION: COUNCILMAN ANDERSON THEN MOVED, SECONDED BY COUNCILMAN WINTERS TO ADOPT ORDINANCE #17289 INSERTING THE FIGURE'$630.31 ON PAGE 2. THE MOTION CARRIED, WITH COUNCILMEN GELLERT AND NORDQUIST VOTING AGAINST. SNO=KING AMBULANCE PRESENTATION John Heldt, Jr.., Manager for Sno-King Ambulance Service,,stated that they were again.appearing before the council to request that they be allowed to respond - to the.aid calls with the Edmonds Fire Department. Mr. Heldt had'provided copies of letters from citizens regarding their service; list of personnel and training of same and a letter from Lynnwood explaining how they are permitted to answer calls in that city. Mayor -Harrison asked Mr. Heldt to give a brief explanation of the procedure. Mr. Heldt stated that they "roll" with the City of Lynnwood on a non -code basis, and that if it is other than a life or death,.situation, they transport.- The same plan -is followed in other jurisdictions. Chief,Cooper stated that at the present time our aid car transports, unless the patient is -.to be taken to a hospital outside of the city. In that case, Sno=King is advised and they come in and transport. Councilman Gellert asked Chief Cooper for his opinion on the Lynnwood agreement. Chief Cooper stated that he is -concerned about liabilities which may be incurred by the city if something should happen to a patient after he is turned over -to someone else for transport. Chief Cooper suggested that a committee consisting of two or threet-council persons, himself and Chief Foster, to look into the situation and bring their recommendations back to the council. During further discussions-, Chief Cooper stated that operating the aid car has not%hindered the Fire Department operations in any way, and that they have served the public well. Mayor Harrison thought this was a -good service to provide for the citizens of Edmonds. Mr. Stutzke mentioned.that there -is - • legislation which states that Federal funds cannot be provided for a service in direct competition with a private firm. City Attorney, John Wallace, stated that there is a provision to that effect, however it is applicable only to third-, -class cities. Edmonds is a code city and has all the powers of any town or city, and very specific legislation under other applicable State Laws which govern Edmonds., power and authority for the city to operate an ambulance service without any reference to whether or not it is in competition with -private enterprise. Mr. Wallace stated further that our ordinance does prohibit the interception of fire calls for the purpose of taking an ambulance to the scene. MOTION: Following some further discussion, A MOTION WAS MADE BY COUNCILMAN,NELSON AND SECONDED BY -COUNCILMAN WINTERS THAT THE MAYOR BE PERMITTED TO SELECT TWO COUNCIL MEMBERS, ALONG WITH FIRE CHIEF COOPER AND POLICE CHIEF FOSTER TO DRAFT.A POLICY STATEMENT, THAT PERHAPS COULD BE AN AMENDMENT TO OUR EXISTING ORDINANCE, FOR - SUBMITTAL TO THE CITY COUNCIL ON SEPTEMBER 17TH. MOTION CARRIEIDO' Mayor -Harrison then asked.Councilwoman Shippen and Councilman Welling to serve on this committee. RECOMMENDATION ON PUBLIC WORKS BUILDING ADDITION Leif Larsojn9.Citp Engineer, reported that an evaluation of the bids indicates certain deficiencies in relation to the Building Code. Negotiations and change orders would be necessary. In view of the foregoing, Mr. Larson recommended that the Public Works Building be readvertised with a suggested bid date of October 10. Following some discussion, Councilman Welling made a motion to delete this item .from the 1974 budget. The motion died for lack of a second. MOTION: COUNCILMAN GLLERT MOVED, SECONDED'BY COUNCILMAN NELSON TO READVERTISE FOR THE PUBLIC WORKS BUILDING ON OCTOBER 10. Following discussion, the MOTION CARRIED, WITH ANDERSON AND WELLING VOTING AGAINST. • FINANCIAL STATUS REPORT M.A.A. Ron Whaley passed out a written report to the Mayor and council. Councilwoman Shippen asked if discussion could be delayed until a later meeting so that they willhave an opportunity to review the material. However, Mr. Whaley briefly reviewed the report, stating that comparing expenditures and revenues as of July 319 1974, we are about on course. A copy of this report -is available in the City Clerk's Office along with the 1975 budget material. BUDGET FORMAT DISCUSSION The budget format was discussed at length, and the consensus of -the council was that'.they would like the budget in-looseleaf form -so that additions and deletions can be..made with greater ease., DISCUSSION.,ON STREET TREE STANDARDS Mayor Harrison read a letter from -the Beautification Committee which requested that consideration of tree plan be -delayed for more study, and a.Street TreC'.Commission be appointed and that the City Engineer only act in a consulting capacity. Mr. Larson stated that the location of the trees in the right-of-way is the affair of the engineering department, but they have nothing to do -with MOTION: Ehe­selection of the varieties. COUNCILWOMAN SHIPPEN-MOVED, SECONDED BY COUNCILMAN NORDQUIST THAT THIS STUDY .BE REFERRED TO THE -BEAUTIFICATION COMMITTEE, AND THAT-.!tHiY`SUBMIT A REPORT'TO THE COUNCIL ON OCTOBER 15TH. MOTION CARRIED. C There -being no further business to come before council, the meeting QCas adjourned at 10:30 P.M. 177 C/ IRENE VARNEY MORAN, City Clerk HARVE H. HARRISON, Mayor September 109 1974 ROLL CALL The regular work meeting of the Edmonds City Council was called to order at 7:30 P.M. by Mayor Harve Harrison, with all council members present except Winters. APPROVAL OF MINUTES The minutes of the September 3rd meeting had been posted, mailed and distributed, and with.no &missions, nor corrections were approved as written. COUNCIL PARTICIPATION Councilman Nordquist reported that he had attended a meeting of the Snohomish County Health District; and that the Board is recommending a 75t per capita assessment, which is the same as they have had since 1970. Councilman Nelson inquired what�the regulations wer.e with regard to the pickup • distance for garbage collection. Councilman Anderson stated that he thought it was 5019 and that if it was more they either would not pick.it,up or would charge extra. M.A.A. Ron Whaley stated that this is not specified in the city code. Councilman Anderson thought we should sit down with the garbage companies and establish a rate schedule taking into account the number of cans and the distance in feet. The Mayor directed Mr. Whaley to make a study with regard to this matter. Councilman Gellert noted that the Seattle Times' August 29th issue stated that the Burlington Northern had been charged with 20 violations of the Rivers and Harbors Act of 1899 iri dumping landslide debris in Puget Sound along their right-of-way,'between Ballard and Mukilteo. It stated that each offense proven is punishable by up $2,500 fine. The action was.filed by Uo S. Attorney Stan Pitkin and is set 'for hearing in Judge McGovern's Court. Councilman Gellert thought perhaps the city should intervene to see.if perhaps the fines could be :applied towards undergrounding their lines. He wondered if the Mayor.or someone on the staff could contact the U. S. Attorney or the Judge and suggest this MOTION: approach. Following a brief discussion, COUNCILMAN WELLING MOVED, SECONDED BY COUNCILMAN ANDERSON THAT WE'REQUEST THE CITY ATTORNEY TO CONSULT WITH STAN PITKIN AND DETERMINE THE NATURE OF THE ALLEGATIONS AGAINST BURLINGTON NORTHERN TO DETERMINE IF ANY OF THE PURPORTED VIOLATIONS OCCURRED WITHIN THE CITY OF EDMONDS: AND AFTER A REPORT HAS BEEN RECEIVED, THAT WE FURTHER.CONSIDER MAKING AN APPEARANCE IN.COURT AT THE TIME OF SENTENCING TO SEE IF SOME FORM OF DAMAGES CAN.BE AWARDED THE CITY FOR ANY DAMAGE WE MAY HAVE SUFFERED. MOTION CARRIED. Councilman Anderson stated that he had some calls about 174th S. W. The City Engineer said that they have handed out easements and are attempting to establish a grade. Councilman Anderson said that some of the property owners on the south • side are dumping on the north side, and that the property owners on tle north side are disturbed -about this. Harry Whitcutt will check into this, Councilman -Anderson asked if we have any rules that apply to undergrounding in short plats. Leif Larson stated that it all depends on the size of the lot and when it was approved.. It may have been approved before the undergrounding ordinance. Councilman Anderson stated that he would have some interest in having the undergrounding requirements extended to individual lots. Leif Larson and Joe Wallis were asked to look at this again. Councilman Gellert asked if the bicycle path is going in on.Olympic View Drive. Mr. Larson stated that it was going.in adjacent to the street on the west side. Councilman Nelson stated that he would like to report on the meeting held last evening with the Port Commissioners regarding the fishing pier. Council._:' members Shippen and Anderson also attended along with Rod Garretson.' He said the discussion again centered .on the parking requirements,. They reaffirmed their original resolution and gave their encouragement to go ahead and begin the study; and he proposed -to the Commissioners that the city would initiate the study and obtaining any potential recommended consultant to do the job, so that we'will .have a solid foundation of fact upon which to make a final determination as to MOTION: the best place for parking to be located. COUNCILMAN NELSON MOVED, SECONDED BY COUNCILMAN ANDERSON THAT THE MAYOR INSTRUCT THE CITY STAFF TO TAKE THE DIRECTION OF GETTING TOGETHER WITH THE IAC AND MAKING APPLICATION FOR RECEIPT OF THE'MONIES NECESSARY AND RECOMMEND CONSULTANTS: AND THAT THAT STUDY BE INITIATED•TO PROVIDE THE NECESSARY DATk AND FACTS FOR''THE COUNCIL AND COMMISSION TO CONSIDER .FOR THE PARKING PROBLEMS. He stated that this resolution was the,one passed several weeks ago,.and indicated that we were favorable towards a concept of a fishing pier and indicated that they will still look at this as a possibility. MOTIONCARRIED. 0