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06/28/1988 City CouncilTHESE MINUTES SUBJECT TO JULY 5, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES JUNE 28, 1988 (WORK MEETING) The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro Tem Dwyer at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Steve Dwyer, Council President Roger Hertrich Jo -Anne Jaech Bill Kasper John Nordquist Jack Wilson ABSENT Larry Naughten, Mayor Laura Hall STAFF Dan Prinz, Police Chief Scott Snyder, City Attorney Bob Alberts, City Engineer Bobby Mills, Pub. Wks. Supt. Art Housler, Admin. Svs. Dir. Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Pro Tem Dwyer presided over the meeting in the absence of Mayor Naughten. CONSENT AGENDA Items (C) and (E) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 21, 1988 (D) APPROVAL OF EXTENSION OF CITY MEMBERSHIP IN COALITION FOR CLEAN WATER FOR 1988 APPROVAL OF INTERLOCAL AGREEMENT WITH CITY OF LYNNWOOD ,FOR 208TH ST. S.W. UAB PROJECT [ITEM p� af_,�,,i C ON 7H CONSENT LEND " � Councilmember Wilson said he was still dissatisfied with the wording of the agreement in Item #2 in that it does not specify that both cities will have equal rights of review, approval, or rejec- tion in every aspect of the project. City Attorney Scott Snyder raised a point of order. He said the Council had discussed that Item #5, the sale price of the property, was not to be less than $20,000, but he was unsure whether that item was to be included in the agreement. Councilmember Wilson requested that it be includ- ed. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO DEFER APPROVAL OF ITEM (C) UNTIL JULY 5, 1988 SO THAT THE WORDING OF ITEM #2 COULD BE CLARIFIED AND ITEM #5 COULD BE INCLUDED. MOTION CARRIED. REPORT ON BIDS OPENED JUNE 22 1988 FOR 1988 WATER LINE REPLACEMENT PROGRAM AND AWARD OF CON- -TRACT TO GREEN RIVER C NSTRUCTI N .33 INCLUDING SALES TAX) ITEM E N THE CONSENT AGENDA Councilmember Nordquist inquired if Staff had investigated the reputation of Green River Construc- tion. City Engineer Bob Alberts replied affirmatively. He said several agencies were contracted in regard to the company's reputation and positive statements were given. Councilmember Nord- quist inquired if the bid of Green River Construction, excluding sales tax, was comparable to other bids received. Mr. Alberts replied affirmatively. Councilmember Kasper inquired why the amount budgeted, as reflected in the agenda memo, indicated $500,000 rather than the estimated cost of $294,464.33 for the project. Mr. Alberts said the $500,000 figure represented the amount that was identified for the project in the Comprehensive Plan, and the engineers estimated that the project would cost $380,000. Councilmember Kasper requested that the estimated cost of a project be made available to the Council in the future. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (E). MOTION CARRIED. Van Smith requested to be allowed to speak to the issue. Mayor Pro Tem Dwyer pointed out that audience participation for items on the Consent Agenda was not a customary practice. He asked the Council if it wished to allow audience input. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO OPEN UP THE DISCUSSION ON ITEM (E) TO THE AUDIENCE FOR 3 MINUTES. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUN- CILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER JAECH AND COUNCILMEMBER KASPER OPPOSED. Van Smith, 20415 Ricci Road, Monroe, President of Lydel Construction, said his company was the low bidder on Schedule B of the contract. He pointed out that the specifications of the contract read, "The City shall award a contract based on the lowest acceptable bid for one, all, or a combination of the bid schedules in the contract proposal". He said Green River Construc- tion was not the low bidder on Schedule B and the cost differential of bids amounted to $2,000. Mr. Alberts said it has always been the City's intent to award one contract unless there was a big discrepancy in bid amounts. He said he had mentioned at the bid opening that the City would be recommending award of a single contract and no objection was stated at that time. Councilmem- ber Wilson inquired what the regulation states. Mr. Alberts said it states that the City has the right to award a single contract. He pointed out that although Lydel Construct was the lowest bidder for one of the schedules, Green River Construction was the lowest bidder on the total package. Councilmember Wilson inquired if the intent of the City to award a single contract was clear to the participants prior to the opening of the bids. Mr. Alberts replied affirmatively. He pointed out that the difference between the lowest bid by Lydel and a combination of the two bids was approximately $1,000, noting that he would have considered awarding two separate con- tracts if the discrepancy was greater. He said, however, administration of separate contracts for a such a small discrepancy would not be cost effective to the City. Councilmember Nordquist inquired if the specifications of the contract state that one contract would be awarded if the difference between bids was "X" amount of dollars. Mr. Alberts replied negatively. Councilmember Nordquist said the award of contracts was becoming a clouded issue and that it should be "cut and dried". Mr. Snyder stated that the language that is used is fairly standard throughout State contracts. He said the City has properly reserved the right to award either one or two contracts. Councilmember Dwyer inquired if the Council wished to reconsider Item (E) or to proceed with approval. No motion was made to reconsider the item. Councilmember Nordquist requested that an Executive Session be held to discuss a personal matter following the regular agenda. PRESENTATION OF SNOHOMISH COUNTY RECYCLING PLAN ALTERNATIVES Community Services Director Peter Hahn reported that Snohomish County Solid Waste Division staff y made a presentation to the City Council a few months ago in regard to the Solid Waste Comprehen- sive Plan. One component of that plan, recycling, has seen substantial progress and would be of immediate interest to the Council and the community. Mr. Hahn introduced Tom Farrell, Manager of the Solid Waste Division; Dave Polis, Recycling Manager; and Karen Nakhjiri, Comprehensive Plan Manager. Mr. Polis reported that the Division has hired a resource conservation consultant to formulate a recycling program to reduce the waste stream. He said analyses have been conducted to ascertain the amount of debris that is in the waste stream in order to determine what the actual impact will be. Mr. Polis said the County is interested in becoming involved in recycling because it has very limited landfill capacity. He said the County has the responsibility for solid waste disposal but has very little' authority to implement such a program; the State gives that authority to local governments. Mr. Polis reviewed a slide presentation of the transfer station in Arlington. Waste products are separated by hand to identify the types of products of waste and analyze those products. He noted that a major portion of the waste stream is paper. Mr. Polis reported that the population growth in Snohomish County increases by approximately 4% per year while the growth of solid waste has increased significantly since 1983. Mr. Polis said the County has recommended: 1) the establishment of service zones, 2) define minimum service levels, 3) certify programs, and 4) establish a rate differential. Mr. Polis said services will be established for both commercial and residential usage. Weekly curb side programs, drop-off centers, buy-back centers, and service for multi -family units are being considered. Different types of containers, such as stacking containers, containers on EDMONDS CITY COUNCIL MINUTES Page 2 June 28, 1988 wheels, igloo -shaped containers, in varying colors to separate the type of products, are in use around the country. He said the Division has suggested that the County establish drop-off cen- ters that will be sponsored by nonprofit organizations. He said garbage collectors for various cities and towns may pick up the material or the collection service may be put out for bid. Mr. Polis said Waste Management has a facility on Highway 9 and is trying to obtain authoriza- tion to open it to establish it as a processing plant for recyclable materials. They are current- ly conducting ten model programs to determine how much material can be collected and what the cost will be. Mr. Polis said the possibility of a transfer station with waste processing capa- bilities is also being considered. Mr. Polis reported that legislation at the State level is under consideration to reduce the volume of waste, and provide education, both at the local and State level, and accomplish market development to identify materials that are capable of being recycled. Councilmember Hertrich inquired where the igloo -shaped containers will be located. Mr. Polis said they will be located in places that are convenient to the public, i.e., elementary schools, shopping centers, park & ride lots. Councilmember Jaech inquired if a facility will be established exclusively for hazardous materi- als so that they will not be intermingled with recyclable materials. Ms. Nakhjiri said the Division is in the process of developing a hazardous waste management plan. She said it is antic- ipated that central collection points will be established throughout the County, as well as trans- fer stations, to deposit hazardous materials. Mr. Polis said a method of recycling the waste stream must be established. He said various cities and towns can become involved in addressing all of the issues necessary to implement col- lection programs to facilitate recycling. Councilmember Hertrich inquired if cities should provide separate containers for multi -family units so that the refuge will be sorted. Mr. Polis said that scenario would be the most ideal arrangement. He noted that a consultant will be hired to address waste disposal for multi -family units. Councilmember Hertrich questioned the viability .of a recycling program because he was under the impression that the County had intended to dispose of waste products through the incineration process. Mr. Polis said the County Council is in the process of negotiations. He said, howev- er, the incineration plant, if constructed, will not impact a recycling program. Councilmember Kasper inquired what the savings would be through a recycling program. Mr. Polis said the advantages of a recycling program did not focus around financial benefits but, rather, new levels of service. He noted that cities and towns may be penalized or charged for more gar- bage disposal if a recycling program is not implemented and, conversely, may be charged less for garbage disposal in areas that do implement a certified program. Councilmember Kasper inquired how noise levels of transfer trucks could be minimized. Mr. Polis said the inside walls of trucks could be coated with rubber to help deaden the noise, and specific hours of use could be implemented to lessen the impact. Councilmember Wilson inquired how voluntary participation can be achieved. Mr. Polis said weekly curbside programs, block leaders, and education help achieve high levels of participa- tion. He said a $1,500 fine is charged to residents in communities who do not participate in mandatory programs. Mr. Hahn inquired if a city has direct control over a recycling program if it does not currently work with the haulers through its own franchise but through the Utilities and Transportation Commission instead. He also inquired if a city will have to accept a more active role by having its own franchise in order to implement a recycling program as presented by the Division. Mr. Farrell suggested that a city become more actively involved if it did not have its own fran- chise. DISCUSSION OF MEADOWDALE SEWER CONNECTION Community Services Director Peter Hahn reported that the City has sought legal alternatives for the past two years for achieving 100% sewer hookups in the Meadowdale area. The City has taken the only legal remedy available to it --imposition of the full sewered rates --and, yet, 13 prop- erties remain unconnected. The State Legislature failed to pass a proposed bill that would have given the City injunctive powers. Mr. Hahn said the City Attorney's office has researched the issue and has developed an alterna- tive. Essentially, with the creation of the Combined Utility, the City has the authority to shut off water service to properties that are not connected to the system. EDMONDS CITY COUNCIL MINUTES Page 3 June 28, 1988 Councilmember Wilson inquired if the cost to those residents to hook up to the system would be expensive. Mr. Hahn said the cost could be up to $1,500. He said he did not feel that those residents are not hooked up to the system because of a financial hardship but, rather, because they feel they have adequate drainage. Mr. Hahn said, however, that the geotechnical reports that were conducted by the City stated that introduction of water into the soil in that area may cause a landslide. Councilmember Hertrich inquired if any resident was unable to finance the cost of hookup. Mr. Hahn said he was unsure. He noted, however, that the City would provide assistance to any resi- dent who is financially distressed. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO HOLD A PUBLIC HEARING ON JULY 19, 1988 ON THE PROPOSED ORDINANCE TO IMPLEMENT THE DESCRIBED PROCEDURE. MOTION CARRIED. REQUEST FOR APPROVAL OF STREET BANNERS Public Works Superintendent Bobby Mills reported that the Council reviewed and approved a compre- hensive plan for downtown improvements on August 11, 1987, including a list of project elements and costs. Decorative street banners, hung from the street lights in the SR 104 meridian frog Dayton to Main Street, are elements of #6 in the Downtown Improvement Plan which received endorse- ment from the Centennial Commission and City Council. One of the four seasonal banner series was included in the 1988 bduget. Two designs for the summer series were proposed to be installed this year. The low estimate of three comparable products is Dale Starkenburg's quote for $1,728.00. She made the banners for Mountlake Terrace and other neighboring communities. Mr. Mills submitted a colored rendition of the banners to the Council. Community Services Director Peter Hahn requested that Natalie Shippen be allowed to speak to the issue because he said she has been an active participant in the beautification program. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ALLOW NATALIE SHIPPEN TO SPEAK FOR THREE MINUTES. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED. Ms. Shippen said she felt it was inappropriate to place banners in the waterfront area at this particular time because there is action pending to remove or lower poles and wires in that area. She asked the Council to consider placing the banners in other areas throughout the City, i.e, 5th from Homeland Drive to Maple or from the Frances Anderson Center up Main Street to 9th. Mr. Mills said approximately $5,000 remains in Fund 118 and $12,000 in Fund 325 because in-house labor was utilized for the beautification program rather than contract labor so monies are avail- able for other projects. Councilmember Kasper inquired if monies are transferred from the Gener- al Fund to the departments which do the labor. Mr. Mills replied negatively. He said labor costs are budgeted throughout the year. Councilmember Kasper said he believed monies for labor costs should be returned to the fund that was drawn from when labor is done in-house and not contracted for as is anticipated. Councilmember Kasper inquired when the banner program was approved. Mr. Hahn said the Council approved the program on July 23, 1987. Councilmember Wilson inquired why the waterfront area was selected for the banners. Mr. Hahr said that area was selected because it would cost less to install and maintain the banners anc because they would be highly visible in that area. Mr. Mills added that the poles near the water- front are spaced evenly apart and will lend themselves more to aesthetic appeal than the highway would. Councilmember Hertrich concurred with Ms. Shippen that the placement of banners near the water- front would be inappropriate at this particular time. He pointed out that the residents of Edmonds are not the majority users of the ferry holding lanes so the banners should be located it an area trafficked by residents. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO NOT INSTALL BANNERS ALONG SF 104. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO UTILIZE THE MONIES SAVE[ FROM LABOR COSTS FOR CORNER PARKS FOR ADDITIONAL FLOWERS FOR THE FLOWER PROGRAM. Councilmember Wilson said he would vote against the motion because he felt further discussion of the issue was necessary. COUNCILMEMBER HERTRICH WITHDREW THE MOTION. Councilmember Jaech suggested that the issue of the banners be discussed during committee meet- ings. EDMONDS CITY COUNCIL MINUTES Page 4 June 28, 1988 MAYOR n Mayor Pro Tem Dwyer noted that Mayor Naughten was at the AWC meeting with Councilmember Hall. Mayor Pro Tem Dwyer referred to a letter from Jean Nalibow regarding a complaint about noise from the Plaza Room when it is rented out. Councilmember Nordquist requested that Mayor Naughten address that issue next week. Mayor Pro Tem Dwyer suggested that Staff address the issue during the Staff meeting on Wednesday. ayor Pro Tem Dwyer noted that a liquor license application was pending for Whirly Ball (change in corporate officers) and would be approved if no objection was noted. No objection was noted. Mayor Pro Tem Dwyer requested confirmation of the Mayor's appointment of Ruth Robertson to the ADB. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONFIRM THE MAYOR'S APPOINTMENT OF RUTH ROBERTSON TO POSITION 4 ON THE ADB, TERM TO EXPIRE DECEMBER 31, 1990. COUNCIL Councilmember Hertrich said he, as well as other PSCOG officials, voted against expanding Paine Field to a satellite air carrier. He said subsequently, the Economic Development Council suggest- ed that the airport be utilized to a greater capacity, with support from the Paine Field Task Force. Councilmember Hertrich said the Council Assistant did some research and ascertained that the members of the Executive Committee for the Economic Development Council are as follows: John Thoresen, President of EDC; Robert Leach, Public Policy Director of EDC; John Wynn, President of Fluke; Tom Nielsen, President of Edmonds Community College; Tom Gafney, Moss Adams; Larry Hansen, President of the Herald; and Kurt Glosser, Senior Vice President of First Interstate Bank. He noted that those members may have an economic interest in the future of the airport. Councilmember Wilson said he read an article recently regarding air traffic problems, and the conclusion that was drawn by the author was that air traffic problems will not be resolved until more runways are built. Councilmember Kasper inquired if PSCOG would be in favor of building another airport in Snohomish County. Councilmember Hertrich said several alternatives, such as other airports and different modes of aircraft, were discussed. Councilmember Kasper said he attended the Arts Festival and he and Mayor Naughten recommended that the City purchase a montage of historical buildings in Edmonds. He said the original document is available for $700, noting that the Mayor's budget would contribute $200. COUNCILMEM- BER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO PURCHASE THE MONTAGE WITH PARTICIPATION FROM THE MAYOR. Councilmember Jaech suggested that the Council look at the montage before it is purchased. COUNCILMEMBER WILSON WITHDREW THE MOTION. Councilmember Kasper recommended that in the future the Audience portion of the agenda be placed before the Consent Agenda to allow public input on awards of bids that may.be on the Consent Agenda. Councilmember Nordquist said he read an interesting article regarding the King County Council in the Seattle Post, Intelli encer last Saturday and would include it in the Council packets next week. Councilmember Nordquist said he also read an article in the Herald last Friday that greatly concerned him because it reported that Mountlake Terrace's fire equipment was substan- dard. He pointed out that Edmonds has a mutual aid agreement with Mountlake Terrace for fire �• department services, and he questioned the reliability of those services. Mayor Pro Tem Dwyer said he would request the Fire Chief to address that issue at a Public Safety meeting in July. Councilmember Kasper added that he believed the City of Edmonds was derelict in failing to ac- quire a re -rating of its fire services when considering that Mountlake Terrace has a higher rat- ing despite its substandard equipment. Councilmember Jaech requested that the Council discuss the format of future Council committee meetings. Discussion ensued. Councilmember Jaech inquired about the status of a blinking light at 220th. Community Services a v-j Director Peter Hahn said the Council directed Staff not to install a light at that intersection. y Councilmember Hertrich inquired if the Council had not discussed improving that intersection. City Engineer Bob Alberts said 220th was widened, and Staff has asked the PUD how to relocate a nearby sight -obstructing pole. Councilmember Hertrich said he was opposed to the installation of a four-way stop at 220th. Councilmember Kasper suggested that a standard light be installed at 9th and Walnut instead of the four-way stop signs in order to move the 9th Avenue traffic more efficiently. Councilmember Wilson noted that a Student Representative will not be available for the summer term unless Councilmember Kasper can find one from a parochial school. The Council recessed to an Executive Session at 9:10. p.m. to discuss a personnel and a real es- tat,e mat er and adjourned thereaf er. HESE MINUTES ARE SUBJECT TO JULY 5, 1988 APPROVAL.) EDMONDS CITY COUNCIL MINUTES JACQUELINE G. PARRETT, City Clerk STEVE DWYER, Mayor Pro TemPage 5 June 28, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7 :0.0 -- 10: 00 P.N. JUNE 28, 1988 WORK MEETING - NO AUDIENCE PARTICIPATION 6:30 P.M. - INTERVIEW ARCHITECTURAL DESIGN BOARD CANDIDATE CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 21, 1988 (C) APPROVAL OF INTERLOCAL AGREEMENT WITH CITY OF LYNNWOOD FOR 208TH ST. S.W. UAB PROJECT 2. 3. 4. 5. 6. (D) APPROVAL OF EXTENSION OF CITY MEMBERSHIP IN COALITION FOR CLEAN WATER FOR 1988 (E) REPORT ON BIDS OPENED JUNE 22, 1988 FOR FOR 1988 WATER LINE REPLACEMENT PROGRAM, AND AWARD OF CONTRACT TO GREEN RIVER CONSTRUCTION ($294,464.33, INCLUDING SALES.TAX) PRESENTATION OF SNOHOMISH COUNTY RECYCLING PLAN ALTERNATIVES DISCUSSION OF MEADOWDALE SEWER CONNECTION REQUEST FOR APPROVAL OF STREET BANNERS MAYOR COUNCIL (45 MINUTES) (30 MINUTES) (15 MINUTES) THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE