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.