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19761102 City Council Minutesfl • concept with them, and that he also appear at the School Board meeting with the drawings. Mayor Harrison at this` -time introduced Jim Anneberg who has been working.with Larry Bailey on this project. REPORT ON.WALKER AND BALDWIN CLAIMS FOR DAMAGES (11:00 p.m.) M.A.A. Herb Gilbo reported that the accuracy of both claims had been verified. City Attorney John Wallace reported that the Walkers.have instituted suit against the City. He said he recommended that as long as there was litigation pending the Council not get involved in that claim, that the prerogative to handle that claim now rests with the insurance company. Councilman Carns said they could not pay a claim unless the City was at fault. He felt both claims should be left alone until the liti- gation is settled. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, THAT MOTION: WITHOUT PREJUDICE TO OTHER CASES AT THIS TIME, THE CITY OFFER TO SETTLE THE BALDWIN CLAIM FOR $251.74 BECAUSE THERE IS SUFFICIENT EVIDENCE THAT THE CITY HAS AN OBLIGATION, MORAL OR OTHERWISE, TO PAY FOR THE DAMAGES CAUSED. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEN GOULD, CLEMENT, GELLERT, AND ALDERSON VOTING YES, AND COUNCILMEN CARNS AND HERB VOTING NO. MOTION CARRIED. A MOTION WAS THEN MADE BY MOTION: COUNCILMAN CLEMENT, SECONDED BY COUNCILMAN GOULD, THAT THE FUNDS FOR PAYMENT OF THIS CLAIM COME FROM THE WATER/SEWER FUND. MOTION CARRIED. Councilman GEllert felt that at some date after this is settled in court an item should be put on the agenda to take some kind of definitive action regarding such MOTION: claims. 'A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CLEMENT, TO SET AN ITEM ON THE MARCH 15, 1977 AGENDA TO REVIEW THE POLICY REGARDING THIS KIND OF CLAIM. MOTION CARRIED. REPORT ON BIDS OPENED OCTOBER 21 FOR SENIOR CENTER PARKING LOT IMPROVEMENTS (11:08 p.m.) City Engineer Leif Larson said two bids were received which came in at 30% over the Engineer's Estimate. He said further analysis and discussion with the bidders are required prior to.a recommendation being made on the award. He asked that this item be postponed until November 2, 1976. MOTION: A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN ANDERSON, THAT THIS ITEM BE CONTINUED UNTIL THE NOVEMBER 2 MEETING. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 11:10 p.m. • IRENE VARNEY MORAN City Clerk H. H. HARRISON, Mayor November 2, 1976 The regular meeting of the Edmonds City Council was called to order at 7:05 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Phil Clement J. Herb Gilbo, M.A.A. Ray Gould Leif Larson, City Engineer Max Gellert Irene Varney Moran, City Clerk John Nordquist Ron Whaley, Public Works Director Robert Anderson Marlo Foster, Police Chief Tom Carns Lila Crosby, Finance Director Mike Herb John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA (7:06 p.m.) MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, TO APPROVE THE CONSENT • AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Approval of minutes of October 26, 1976. (B) Acceptance of contract as complete by Associated Sand & Gravel Co., Inc., for asphalt paving on 185th St. S.W., adjacent to Seaview Park, establishing 30-day lien period. (C) Authorization to call for bids for 1977 liquid chlorine requirements, bid opening date of November 23, 1976. (D) Authorization to call for bids for 1977 liquid chlorine requirements, bid opening date of November 23, 1976. (E) Authorization to sell 14 surplus fire hydrants to Diamond Point Fire District for $25.00 each. COUNCIL PARTICIPATION Councilman Gould advised he would not be present for the November 9 meeting. Councilman Gellert noted that the School Board had voted not to extend the lease on the Junior High School as the City had requested so it could apply for a Public Works Employment Act grant. He said he had spoken with Chairman Katie Allen who felt the reason for the School Board's action was the City's action in rezoning the Edmonds Elementary School, that the City had not met them part way. She felt if the City would give some indication that it would help them on the Elementary School situation that they would agree to the requested lease. She noted that the two people voting for it live close to Edmonds and those who voted against it were from the eastern section of the District. She suggested rezoning the building portion of the Elementary School to Single Family Residential and the playfield remaining Open Space. Councilman Gellert said he thought • the only action they could take would be to have the Planning Commission reconsider the zoning. City Attorney John Wallace said the present status is that the Planning Department is to come up with a Public Use zoning, which they are in the process of doing. He said the Council could, in the interim, instruct the Commission to study it and give them as specific a direction as possible as to what they should look at. Councilman Herb suggested a contract rezone might be negotiated. Mr. Wallace replied that such would have to be offered by the owner. He also added that they had been advised that the zoning classification put on the Elementary School is a holding type of classification only, pending the restudy of the total problem of the Public MOTION: Use designation in the City. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCIL- MAN GOULD, THAT THE PLANNING COMMISSION BE INSTRUCTED TO CONSIDER THE REZONE OF THE EDMONDS ELE- MENTARY SCHOOL PROPERTY, LEAVING THE PLAYFIELD AREA OPEN SPACE AND THE REMAINDER OF IT SINGLE FAMILY RS-6. Councilman Gellert said this motion was in the interest of making an attempt at getting the School Board to reconsider its action on the Junior High School lease. Councilman Carns stated he would vote against the motion because he thought it was political blackmail. He said he had a very high regard for School Board Chairman Katie Allen and he was surprised such a suggestion would come from her. "He said the school property had come under the School District ownership in the 1890's when the School District was the City of Edmonds and he felt the City should have a lot more hold on that property than any other area. Councilman Herb disagreed, noting that the School Board has its own responsibilities and the constituents to whom they are responsible are not identical to those to whom the Edmonds City Council is re- sponsible. He thought it might be worthwhile to have an Executive Session to decide what the priorities are with these three properties. He noted the School Board felt a duty to dispose of any properties not adjacent to schools. City Attorney John Wallace said the items relating to acquisition and negotiation would fall within the exemption for an 'Executive Session. MOTION COUNCILMAN ANDERSON THEN MOVED TO AMEND THE MOTION TO INSERT THE WORDS "AND TENNIS COURTS" TO AMEND: AFTER ". . .PLAYFIELD AREA." THIS MOTION FAILED FOR LACK OF A SECOND. A ROLL CALL VOTE WAS (Failed) TAKEN'ON THE MOTION, WITH COUNCILMEN GOULD, GELLERT, ANDERSON AND HERB VOTING YES, AND COUNCILMAN CARNS AND NORDQUIST VOTING NO. MOTION CARRIED. Councilman Gould thought the School Board might be notified that the Council was willing to discuss this matter if it would be helpful • in resolving the problem. He said that at that time there could be some discussion regarding the owner's applying for a contract rezone on the Elementary School. A MOTION WAS MADE'.BY MOTION: COUNCILMAN GOULD, SECONDED BY COUNCILMAN HERB, THAT THE MAYOR BE REQUESTED TO SEND, ON BEHALF OF THE COUNCIL, A WRITTEN OR VERBAL COMMUNIQUE TO THE CHAIRMAN OF THE SCHOOL BOARD INDICATING THE COUNCIL WOULD BE AMENABLE TO DISCUSSING THE MATTER AT THE SCHOOL BOARD'S EARLIEST CONVENIENCE, AND THAT THE SCHOOL BOARD ALSO BE NOTIFIED OF THE ACTION TAKEN THIS EVENING RELATIVE TO THE ELEMENTARY SCHOOL. MOTION CARRIED. 1 Councilman Gellert asked if the application had gone in for the Public Works Employment -Act grant for the Meadowdale sewer project. City Engineer Leif Larson replied it had gone in on Friday, October 29. He said, that at the time the application was submitted 2,300 applications had been submitted from this region. Mayor Harrison submitted to the Council the 1977 preliminary budget. He said the budget is balanced and requires no new taxes, and he briefly summarized it. Councilman Carns said he would like the Council to consider its priorities for HUD block grant proposals, and he hoped all such items would be submitted by November 30. A•MOTION WAS MOTION: MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT AN ITEM BE SET FOR THE NOVEMBER 30 WORK MEETING TO DISCUSS HUD BLOCK GRANT PROPOSALS. MOTION CARRIED. Councilman Gellert asked that the Staff also submit for that discussion a full report on the funding for the Senior Center. AUDIENCE PARTICIPATION (7:45 p.m.) John Enbom, Mayor of Mountlake Terrace, presented to Mayor Harrison and the Council the first annual trophy for the Mountlake Terrace CQL Golf Tournament which was held in September. He also presented a gift certificate for Staff member Archie Brena who had been closest to the pin on green #4. 1,' REVIEW OF REID, MIDDLETON & ASSOCIATES, INC. CONTRACT (7:49 p.m.) City Engineer Leif Larson said the contract is the one under which they have been operating for the last 14 years, with modifications, and the current hourly rate figure does not allow for inflation. In a letter of September 20, 1976, Jim Reid had submitted a proposed hourly rate schedule, and Mr. Larson recommended approval of that schedule. He said he based his recom- mendation on the fact that he had checked rates with other firms and found these rates generally to be below those of other firms. Mr. Larson also recommended that a committee be appointed to go over the present contract for final review and approval. Mr. Larson said the last rate increase was in 1973, and he felt if we were to have the services the rates should be equitable. Councilman Gellert said he had never had any dissatisfaction with any of the work done by the Engineering Department or Reid, Middleton. He said his uneasiness arose from the appearance of so many Reid, Middleton engineers appearing on behalf of clients at City Council hearings. He said he realized that they were different people from those working for the City, but he was concerned that citizens would not be aware of that and that there might be a problem of appear- ance of fairness. He said some firms did not take on work forprivate citizens and a city in a given area. City Attorney John Wallace interjected that appearance of fairness in the judicial term was not being violated in these instances. Mr., Reid said he would be happy to discuss this with a committee to alleviate any concern in this direction. He said his firm could give up subdivision work in Edmonds if it were really a matter of concern, but he would not like to do so unless it were necessary. He said he would like to study this. Councilman Nordquist said he probably had been the most vocal of the Councilmen regarding the Reid, Middleton firm. He said he had made overtures to the firm, of which Mr. Reid may not have been aware,..to,dis- cuss this. He said there had been instances regarding 9th Ave. and 220th when the Council had voiced itself one way and the Reid, Middleton firm had advised contrary to that. He said such had caused this.dissatisfaction. Councilman Carns said that while he had served on the Planning Commission he had heard more from Reid, Middleton than he had on the Council. He said it never entered his mind that anyone ever had any thoughts regarding appearance of fairness. He said he MOTION: • could remember questioning the representative to some extent and he always found them to be com- pletely honest. Councilman Herb said he had never heard of any dissatisfaction, but he believed in competition. He said he didn't know if it was healthy for one firm to do the work decade after decade. He thought the contract should be drafted so that the City could at least let out small jobs to other firms. He was also concerned that all the information on the City is at the Reid, Middleton office. He felt that if they are City records the same information should: be kept at the City offices. Mr. Larson said they are limited in having all the information because of lack of space. He said the firm does make their records available at all times, and that is time consuming for the firm. He was concerned that the files are not in.fireproof vaults. Mr. Reid also said that their records are always available to the City at any time. He said this is a service they have provided at their own expense. He said he thought field survey notes and computation sheets were the only records the City did not have. City Attorney John Wallace noted that the contract is intended to be a contract to do all the services not handled by the Engin- eering staff. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, TO FOLLOW THE CITY ENTINEER'S RECOMMENDATION, AS SET FORTH IN HIS LETTER OF OCTOBER 29, 1976, APPROVING THE RATE SCHEDULE ATTACHED THERETO, EFFECTIVE IMMEDIATELY, PENDING A REVIEW OF THE CONSULTANT EVALUATION AND SELECTION PROCEDURE, USING THE PROCESS AS DESCRIBED --A COMMITTEE COMPOSED OF ONE COUNCILMAN, ONE FROM THE MAYOR'S OFFICE, THE DIRECTOR OF PUBLIC WORKS, THE CITY PLANNER, AND THE CITY ENGINEER --AND THIS COMMITTEE TO MAKE RECOMMENDATIONS TO THE CITY COUNCIL. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO AMEND THE MOTION TO SAY THE COM- MITTEE WILL INCLUDE TWO COUNCILMEN. THE MOTION TO AMEND CARRIED. THE MAIN MOTION, AS AMENDED, THEN CARRIED. Mayor Harrison then appointed the.following to the committee: Councilmen Tom Carns and Ray Gould, M.A.A. Herb Gilbo, Director of Public Works Ron Whaley, City Pl.anner Joe Wallis, and City Engineer Leif Larson, with Leif Larson to chair the committee. REPORT ON CABARET LICENSE FOR SAIL INN TAVERN (8:14 p.m.) The 60-day trial period for this cabaret license expired this date. Police Chief Marlo Foster reported that there had been no problems with the management of this tavern either before,or • after the issuance of this license. He recommended approval of the cabaret license on an annual basis with no restrictions other than those defined by ordinance. A MOTION WAS MADE BY COUNCIL2- MOTION: MAN HERB, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CABARET LICENSE FOR THE SAIL INN TAVERN. MOTION CARRIED. MOTION: MOTION: REPORT ON BIDS AND RECOMMENDATIONS FOR SENIOR CENTER PARKING LOT IMPROVEMENTS (8:15 p.m.) City Engineer Leif Larson reported that the bids had been approximately 30% over the Engineer's Estimate of $15,699.50. A bid had been received from Metropolitan Construction Company, Everett, in the amount of $21,192.09; and one was received from Lake Forest Park Construction Company, Woodinville, in the amount of $22,757.75. Mr. Larson said the Public Works Department had prepared an estimate for City forces to do the piping and base preparation work, at a cost of $4,156.53. He said that this figure combined with estimated figures for a paving subcontractor to do the asphalt work would total a figure close to the original Engineer's Estimate. He recommended, therefore, that the City reject the bids. He said the City forces would then do the piping and the base preparation work and advertise for bids for the asphalt paving. He requested a bid date of November 18. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO ACCEPT THE CITY ENGINEER'S RECOMMENDATION AND SET NOVEMBER 18, 1976 AS THE BID DATE FOR ASPHALT PAVING. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned at 8:16 p.m. IRENE VARNEY MORAN,oEity Clerk H. H. HARRISON, Mayor November 9, 1976 The regular meeting of .the Edmonds City Council was called to order at 7:30 p.m. by Mayor Pro-Tem Robert Anderson in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. Mayor Harve Harrison arrived a few minutes later and assumed chairmanship of the meeting. PRESENT ABSENT STAFF PRESENT Harve Harrison, Mayor Ray Gould Marlo Foster, Acting M.A.A. Phil Clement Leif Larson, City Engineer Max Gellert Ron Whaley, Public Works Director John Nordquist John Wallace, City Attorney Robert Anderson Wayne Tanaka, City Attorney Tom Carns Jackie Parrett, Deputy City Clerk Mike Herb CONSENT AGENDA (7:31 p.m.) A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The Consent Agenda contained the following: (A) Approval of Minutes of November 2, 1976. (B) Acknowledgment of receipt of amended claim for damages from Mrs. Dotty Durfee. (C) Authorization for City Attorney to approve format of State Highway Department deed to the City of Edmonds. (D) Confirmation of Mayor's appointment of Sam Ewing to Position 7 on the Board of • Appeals, term to expire December 31, 1979.