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10/05/1993 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES October 5, 1993 THESE MINUTES WERE APPROVED AT THE OCTOBER 19, 1993 CITY COUNCIL MEETING. The regular meeting of the p.m. by Mayor Laura Hall at The meeting was preceded by PRESENT Edmonds City Council was the Library Plaza Room, a flag salute. Laura Hall, Mayor Steve Dwyer, Councilmember Michael Hall, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember Chris Hewett, Student Rep. ABSENT CC,tAjJIDave Earling, Council President "16 William J. Kasper, Councilmember A`)S� STAFF called to order at 7:00 650 Main St., Edmonds. Robert Alberts, City Engineer John Poppe, Treatment Plant Sup. Mike Springer, Assistant Fire Chief Jeff Wilson, Planning Supervisor Noel Miller, Public Works Sup. Dan Prinz, Police Chief Jeff Jones, Police Detective Paul Mar, Community Services Director Chuck Day, Accounting Supervisor Scott Snyder, City Attorney Rhonda March, City Clerk MaryAnn Paige, Recorder Council President Pro-Tem Nordquist introduced newly appointed Student Representative Chris Hewitt. Chris is a junior at Edmonds-Woodway High School. Council President Pro-Tem Nordquist gave background information on the Student Representative program which began several years 'ago. The Mayor and Council welcomed Chris to the City Council meeting. CONSENT AGENDA Items B, D, and G were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL ��6�0%115,� C) APPROVAL OF CLAIM WARRANTS FOR THE WEEK OF SEPTEMBER 27, 1993 AND Ooo-,t PAYROLL WARRANTS FOR SEPTEMBER 30, 1993. (E) FINDINGS OF FACT AND CONCLUSION OF LAW REGARDING NONPROJECT REZONE OF y�C APPROXIMATELY .54 ACRES LOCATED AT 22313 AND 22319 76TH AVENUE WEST ( ( FROM MULTIPLE RESIDENTIAL (RM-2.4) TO COMMUNITY BUSINESS (BC) [FILE NO. r R-93-106/APPLICANT: ARNIE RODHALL AND LEILA FORSBECK] (F) AUTHORIZATION TO ADVERTISE FOR PROPOSALS FOR A PROFESSIONAL SERVICES CONTRACT FOR PROVIDING FIELD INSPECTION FOR THE PUBLIC WORKS 0 & M FACILITY CONSTRUCTION S H) ACCEPTANCE OF A 10 FOOT STREET DEDICATION FROM BRADSHAW, INC. AT 8824 ���� AND 8826 218TH STREET SOUTHWEST (I) AUTHORIZATION FOR MAYOR TO SIGN CUSTODIAL SERVICES AGREEMENT FOR WASTEWATER TREATMENT PLAN TO O.P.E.N. ($8,268.00) DL (J) ORDINANCE 2955 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE TO ADD A NEW SECTION 20.10.090 RELATING TO ARCHITECTURAL DESIGN BOARD APPROVAL EXPIRATION (from hearing on September 21, 1993 and continued from September 28, 1993). APPROVAL OF MINUTES OF SEPTEMBER 28, 1993 �yCouncilmember Palmer referenced a memorandum in the late packet which � included a request for a correction to the Draft Minutes of September 28. The request was to complete an incomplete sentence listed in paragraph 1 on page 4. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE MINUTES OF SEPTEMBER 28, 1993 WITH THIS CORRECTION. MOTION CARRIED. AUTHORIZATION TO CONTRACT WITH RESCUE TRAINING, INC. FOR CONFINED SPACE RESCUE TRAINING 3,000 PLUS TAX Councilmember Palmer requested a discussion on this subject and questioned if it had gone before the Public Safety Committee for their recommendation. He also hada questions regarding liability, would the employees, after receiving training, be required to go into a rescue situation? The City Attorney reviewed Washington State Labor & Industry regulations. Bob Alberts stated that he felt there was a bigger liability problem if the employees were not trainedAssistant Assistant Chief Springer stated that the Fire Department will be the first responder to all 911 calls that are received, but would rely on the professional training of the plant workers on the scene as to any hazards or hazardous -waste. COUNCILMAN PALMER MOVED, SECONDED BY COUNCILMAN HALL, TO APPROVE ITEM (D) on the Consent Agenda. MOTION CARRIED. CEPTANCE OF A 10 FOOT STORM DRAINAGE EASEMENT FROM HELLEREN HOMES, INC. AT 09 210ST PLACE WEST Councilmember Hall questioned if the easement ran with the land. Bob Alberts responded that yes, it was a permanent easement with the land. COUNCILMAN HALL MOVED, SECONDED BY COUNCILMAN PETRUZZI, TO APPROVE ITEM (G) on the Consent Agenda. MOTION CARRIED. AUDIENCE As no member of the audience came forward, Mayor Hall closed the audience portion of the meeting. PRESENTATION OF POLICE DEPARTMENT'S EXPLORER SCOUTS PROGRAM Chief Prinz introduced Detective Jeff Jones, who supervises the Explorer Scout Program. Jeff Jones in turn introduced Explorer Captain Casey Lindstrom, Lieutenant Paul Lorkowski, and Sergeant Shane Hawley. Each explorer gave a presentation on the role of the Explorer Scouts and what belonging to the group meant to them individually. Jeff Jones gave a brief review of his involvement in the local, State and national level of this organization. Councilmember Petruzzi complimented Jeff Jones on doing a fine job with the youth of the community. APPROVED MINUTES Page 2 October 5, 1993 UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING TRANSPORTATION m t ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT AND AUTHORIZATION TO ADVERTISE FOR CONSULTANT SERVICES Paul Mar presented the staff report and reviewed the current status on this project. Councilman Petruzzi had a question on the UnoCal-Department of Ecology study. Paul Mar responded that the first phase for this study is to identify what problems exist at the site and this should take the consultant from 18 to 30 months to accomplish. He clarified that the City has been working with the City of Woodway and Kitsap Transit Board on this project. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AUTHORIZE STAFF TO ADVERTISE FOR CONSULTANT SERVICES TO PERFORM PRELIMINARY ENGINEERING WORK ON THE EDMONDS MULTIMODAL TRANSPORTATION CENTER. MOTION CARRIED. HEARING ON REVOCATION OF BUSINESS LICENSE ISSUED TO "SECOND CHANCE" AT 7417 BALLINGER WAY Mayor Hall stated that as she, as Mayor, had recommended the revocation of this business license that in fairness she would remove herself from the hearing and deliberation. Mayor pro tem Nordquist chaired the public hearing of the revocation of the business license for Second Chance and reviewed the procedures: Mayor pro tem Nordquist stated that he had read about this action in a newspaper article. No other councilmembers had information to disclose for the record. Mayor pro tem Nordquist asked if anyone in the audience objected to any member of the City Council on this hearing, there were no objections. Councilmember Palmer questioned the City Attorney regarding the role of the City Council on the decision of this matter and the City Attorney referred to the RCW and to City Ordinances. The City Council is bound by the findings of fact by staff. Mayor pro tem Nordquist then declared the public hearing open. City Clerk Rhonda March presented the history and summary of the revocation request. Jeff Wilton, Planning Supervisor, reviewed the Planning Department criteria for authorizing a business license for foster homes and for a halfway house, and reviewed their interpretation and actions. Ken Maaz, 2505 3rd Avenue, Seattle, President of Second Chance, stated that he felt it was ironic that the City is requesting revocation of the business license when in fact the home had not yet been opened. Mr. Maaz stated that Second Chance felt their application was made for the best use of the zone, and that they did not misrepresent themselves on the business license application as their intent was to operate a foster home and are licensed by DSHS as a foster home. He stated that they were informed it was OK to operate as a foster home in a letter from John Bissell of the Planning Department, and noted that the letter form John Bissell was not included in the packet for the City Council review. Penny Whitehead, 7415 Lake Ballinger Way, Edmonds stated that she was here supporting her neighbors and together they support the City's revocation of the business license. Ms. Whitehead said the facility will be used as a halfway house for juveniles still under detention, which is not an appropriate use in their neighborhood. She stated that Second Chance foster home operations were recently denied by the Snohomish County District Court Planning Staff requested to respond to Mr. Maaz's comments. Jeff Wilson stated they have a copy of the letter from Mr. Bissell in their file. At the time the business license was accepted, the City was not aware that it would serve juvenile criminals completing their sentences. Mr. Maaz responded that he feels these juvenile deserve the type of foster home that Second Chance APPROVED MINUTES Page 3 October 5, 1993 can offer and he feels that the City was aware that this is where the kids would be coming from. Councilmember Hall stated that he felt it is the intention of Second Chance to keep their license, if they can follow zoning of the City, and that they feel that they have not violated the trust of the business license conditions. What Second Chance object to is the word revocation as it implies they have done something wrong. The City Attorney stated that if the applicant surrendered his license before the Council takes action, there would be no revocation. Councilmember Hall suggested a five minute recess to discuss this matter. Councilmember Petruzzi asked Mr. Maaz if he was willing to surrender his business license and Mr. Maaz responded that, yes, he would. Councilmember Dwyer suggested that rather than a recess, the Council delay a decision on this to see if there is an issue; in the event that Second Chance surrenders their license. Scott Snyder, Jeff Wilson, and Ken Maaz discussed the mailing of the Planning Department's Interpretation to Second Chance, and it was determined that the interpretation was mailed to the correct address, 410 Forth Avenue, Seattle, via regular U.S. mail. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER PALMER, TO SUSPEND THE RULES. MOTION CARRIED. Councilmember Palmer asked if anyone from the audience wished to speak. As no one came forward, COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER PALMER, TO REINSTATE THE RULES. MOTION CARRIED. There was discussion among the Councilmembers and the City Attorney on the best procedure to follow -- to terminate the hearing, or continue to another meeting. If the applicant surrenders his business license to the City, the Mayor can notify the City Council at the next meeting, in which case there will no longer be an issue. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO CLOSE THE PUBLIC HEARING AND TO WAIT FOR TWO WEEKS, UNTIL THE OCTOBER 19, 1993 MEETING, FOR ACTION ON REVOCATION OF BUSINESS LICENSE #B3760 at 7417 BALLINGER WAY FOR FAILURE TO COMPLY WITH THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 21.40.005. MOTION CARRIED. Councilmember Hall made the statement that the City welcomes special needs facilities to the City, but they need to be in compliance with ordinances and infrastructures of the City. REPORT ON BIDS OPENED SEPTEMBER 24, 1993 FOR CONSTRUCTION OF THE NEW PUBLIC V1� WORKS OPERATIONS AND MAINTENANCE CENTER AND AWARD OF CONTRACT TO M.J. SHOCKLEY CONSTRUCTION COMPANY 2,486,592 EXCLUDING TAX U Noel Miller, Superintendent of Public Works presented the staff report and reviewed the bids received on the project, and suggested alternatives. Councilmember Dwyer stated that he feels the City should approve what is needed now, but he hopes that this matter does not come back before Council later for more funds. Councilmember Nordquist asked for information on the qualification of the M. J. Shockley Construction Company. Randy Cook of Merritt+Pardini, the architect for the project, stated they have checked the references on the M.J. Shockley and they seem to be OK. Councilmember Petruzzi questioned the deducts on the bid and asked if the City could get along without having the fuel facility. Noel Miller responded that they could, but would prefer to have it installed. Chuck Day, Accounting Supervisor verified that no plans have been made for the interest in the APPROVED MINUTES Page 4 October 5, 1993 project funds, and that they would be part of the total funds for the project. Lee Pardini spoke on the contingency fund, and stated that at 10 percent it was high, but acceptable. There was discussion between staff, councilmembers and the City attorney about determination of the low bidder, the scope of the bid, and review of responsible bidder. Councilmember Palmer stated that he would like to investigate M.J. Shockley Construction and see if they have actually accomplished previous jobs on target and within budget. Councilmember Nordquist suggested that Council put a dollar limit on change orders and require that change orders exceeding a certain amount be approved by City Council. Mike Shockley, president of M.J. Shockley, was in the audience and stated that he was open for questions from Council. Councilmember Palmer asked that he provide background information on projects similar to this project in scope. Mr. Shockley stated that he has been in the business for 25 years and been involved in three-quarter billion dollars worth of contracts over the years. They have never had a job with liquidated damages. He stated that the contractor has no control over some problems that arise. He also mentioned that change orders do happen, but that they are fact filled. He is always willing to negotiate controversies. Councilmember Palmer stated that he appreciated Mr. Shockley's comments but would still like staff and Pardini to review the hard data on Shockley's record. Noel Miller stated that he appreciates Council's concerns but hopes to start construction before the winter rains come. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PALMER, THAT WE CONTINUE THIS ITEM TO OCTOBER 19 WHEN.THE FULL COUNCIL IS PRESENT AND COUNCIL WILL HAVE A REPORT BACK FROM THE PUBLIC WORKS DEPARTMENT AS WELL AS OUR INPUT AS FAR AS THE CHANGE ORDER. Under discussion, Councilmember Palmer said one of the things the Council will need to do on October 19 is to determine that Scope of Work, and Councilmember Palmer said he is not sure the Council has been provided enough information based on Exhibit 3 in the Council packet and the alternatives to make those decisions. Councilmember Palmer said he would like to see more detail provided to Councilmembers. Councilmember Nordquist said this is inclusive in his motion. MOTION CARRIED. MAYOR Mayor Hall reported that she accepted a plaque at the presentation at Brackett's Landing on Sunday, October 3, commemorating 70 years of ferry service. The plaque is at the site. Mayor Hail called the Councilmember's attention to a letter from Sno-Isle Library. 1C1�� G Mayor Hall spoke on the Aurora Marketplace annexation petition. Mayor Hall stated that William Allen had resigned from the Planning Board. Mayor Hall asked Chief Springer if he had any questions on the service contract with the City of Woodway. APPROVED MINUTES Page`S October 5, 1993 Mayor Hall mentioned that she had received a letter from Arco stating that they may expand their business site. City Attorney Snyder referenced a decision from the Planning Board and a memo recapping their decision. He asked City Council to review this and bring to Council for discuss on the 19th. Mayor Hail stated that there was a fire Sunday afternoon at T J's Bayshore Restaurant. Assistant Chief Springer stated that because of the good interlocal agreements, all jurisdictions worked together well and damage was minimal. COUNCIL ��Councilmember Palmer asked if we would lose off street parking if the Arco L4�� kproject is developed. He stated that he would like staff to analyze the Sno-Isle Library letter and report to Council at the next meeting. He also acknowledged Bill Allen's resignation and stated that he will be sorely missed. Councilmember Dwyer stated that it might be worthwhile for the City to consider writing a letter to the City of Woodway reviewing the various agreements between the two -Cities over the years. Councilmember Hall said he liked the calendar of the Plaza Room schedule received in the packets and hopes they would continue to receive these each month. With no other business before the Mayor or Council, Mayor Hall adjourned the meeting at 9:21 p.m. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A PERMANENT RECORDING OF ALL COUNCIL MEETINGS CAN BE LOCATED IN THE CITY CLERK'S OFFICE. ond�J. Marrch, City CICI,erk APPROVED MINUTES Page 6 October 5, 1993 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. OCTOBER 5, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. (5 MIN) CONSENT AGENDA A. ROLL CALL B. APPROVAL OF MINUTES OF SEPTEMBER 28, 1993 C. APPROVAL OF CLAIM WARRANTS FOR THE WEEK OF SEPTEMBER 27, 1993 AND PAYROLL WARRANTS FOR SEPTEMBER 30, 1993 D. AUTHORIZATION TO CONTRACT WITH RESCUE TRAINING, INC. FOR CONFINED SPACE RESCUE TRAINING ($3,000 PLUS TAX) E. FINDINGS OF FACT AND CONCLUSION OF LAW REGARDING NONPROJECT REZONE OF APPROXIMATELY .54 ACRES LOCATED AT 22313 AND 22319 76TH AVENUE WEST FROM MULTIPLE RESIDENTIAL (RM-2.4) TO COMMUNITY BUSINESS (BC) (FILE NO. R-93- 106/APPLICANT: ARNIE RODHALL AND LEILA FORSBECK) F. AUTHORIZATION TO ADVERTISE FOR PROPOSALS FOR A PROFESSIONAL SERVICES CONTRACT FOR PROVIDING FIELD INSPECTION FOR THE PUBLIC WORKS O & M FACILITY CONSTRUCTION G. ACCEPTANCE OF A 10 FOOT STORM DRAINAGE EASEMENT FROM HELLEREN HOMES, INC. AT 8809 201 ST PLACE WEST H. ACCEPTANCE OF A 10 FOOT STREET DEDICATION FROM BRADSHAW, INC. AT 8824 AND 8826 218TH STREET SOUTHWEST I. AUTHORIZATION FOR MAYOR TO SIGN CUSTODIAL SERVICES AGREEMENT FOR WASTEWATER TREATMENT PLANT TO O.P.E.N. ($8,268.00) J. PROPOSED ORDINANCE AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE TO ADD A NEW SECTION 20.10.090 RELATING TO ARCHITECTURAL DESIGN BOARD APPROVAL EXPIRATION (from hearing on September 21, 1993 and cont'd from September 28, 1993) 2. AUDIENCE 3. (15 MIN) PRESENTATION OF POLICE DEPARTMENT'S EXPLORER SCOUTS PROGRAM 4. (10 MIN) UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT AND AUTHORIZATION TO ADVERTISE FOR CONSULTANT SERVICES 5. (15 MIN) HEARING ON REVOCATION OF BUSINESS LICENSE ISSUED TO "SECOND CHANCE" AT 7417 BALLINGER WAY 6. (15 MIN) REPORT ON BIDS OPENED SEPTEMBER 24, 1993 FOR CONSTRUCTION OF THE NEW PUBLIC WORKS OPERATIONS AND MAINTENANCE CENTER AND AWARD OF CONTRACT TO M.J. SHOCKLEY CONSTRUCTION COMPANY ($2,486,592 EXCLUDING TAX) 7. (5 MIN) MAYOR 8. (15 MIN) COUNCIL PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32.