19761221 City Council Minutes•
December 21, 1976
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The regular meeting of the Edmonds'City Council was called to order at 7:40 p.m. by Mayor
Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined
in the flag salute.
PRESENT
Harve Harrison, Mayor
Ray Gould
Phil Clement
John Nordquist
Robert Anderson
Tom Carns
Mike Herb
CONSENT AGENDA (7:41 p.m.)
ABSENT
Max Gellert
STAFF PRESENT
J. Herb Gilbo, M. A. A.
Leif Larson, City Engineer
Irene Varney Moran, City Clerk
Lila Crosby, Finance Director
Ron Whaley, Public Works Director
Ma rl o - Foster.,...Pol i ce Chief
Jack Cooper, Fire Chief
John Wallace, City Attorney
Jackie Parrett; Deputy City Clerk
Mayor Harrison advised there were two amendments to the minutes of December 14 in the Budget
section on page 2. In the fifteenth line from the bottom of the page the words . . $23,000
inter -charge to be from the Water/Sewer Construction Fund . . . " should be changed to omit
the word "Construction." The second amendment was in the motion that followed, which was
made by Councilman Clement and.seconded by Councilman Nordquist. The motion'should read:
"THAT $8,000 BE TRANSFERRED FROM FUND 214, THE 1965 CIVIC.CENTER BOND ISSUE „ TO THE
GENERAL FUND 001, DEPARTMENT 12, AND THAT $8,000 IN EXPENDITURES IN 1977 BE PLANNED FROM
FUND 001 TO DEVELOP SIERRA PARK." With those amendments, the Mayor asked -fora motion to
MOTION: approve the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN
ANDERSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. THE CONSENT AGENDA CONTAINED THE
FOLLOWING:
(A) Approval of Minutes of December 14, 1976,.as amended above_.:. ,
(B) Acknowledgment of receipt of Claim for Damages from Robert H. Norman.
(C) Acceptance of -work as complete on 88th`Avdnue W'.;by"'Ski'p Jacobson Construction Co.
(D) Passage of Ordinance 1885, adopting 1977 Budget.
(E) Adoption of Resolution of Intention 247, setting hearing date of January 25,
1977 on Preliminary Assessment Roll for proposed sewer LID'fo`r North Meadowdale area.
(F) Adoption of Resolution 372, transferring monies from Contingency Fund for
Park Bond Fact Sheet.
COUNCIL PARTICIPATION (7:45 p.m.)
MOTION:
A MOTION WAS MADE BY COUNCILMAN CLEMENT, SECONDED BY.000NCILMAN CARNS, THAT BECAUSE THE CURRENT
ZONING OF THE EDMONDS ELEMENTARY SCHOOL CAN ONLY BE TEMPORARY, AND THAT BECAUSE THE ZONE
"PUBLIC USE" IS NOT SUFFICIENTLY DEFINED TO BE A GUIDE TO THE USE OF THE LAND, AND BECAUSE THE
CURRENT ZONING WAS ESTABLISHED PRIOR TO THE SCHOOL DISTRICT'S GAINING APPROVAL TO SELL THE LAND,
THAT.THE ISSUE OF THE APPROPRIATE ZONING OF THE EDMONDS ELEMENTARY SCHOOL -PROPERTY -BE REMANDED
TO THE.PLANNING COMMISSION FOR PUBLIC HEARING AND'REASSESSMENT ON. FEBRUARY 9, 1977; THAT THE
SCHOOL'BOARD OR THEIR REPRESENTATIVES'BE.INVITED TO PARTICIPATE IN THESE HEARINGS: THAT THE
MAYOR OR HIS STAFF PREPARE AND FORWARD TO THE SCHOOL DISTRICT AN OUTLINE OF THE PROCEDURES AND
REQUIREMENTS OF ZONING IN EDMONDS: AND THAT EACH PERSON WHO SPOKE AT -THE LAST PLANNING COMMISSION
HEARING ON THIS PROPERTY BE INFORMED OF THE NEW HEARING DATE AND BE SENT A COPY OF THIS MOTION,
AND THAT THE PROCEDURE OUTLINE BE SENT TO THE SCHOOL DISTRICT. Councilman Gould said he
concurred in the motion, but he felt the information that is sent to the School District should
be sent to each of the School Board members and the Superintendent, individually. He said it
will be a package of material explaining how the zoning process works. He felt their input
should be solicited as to how they, as the owners of the property, view the zoning. He said the
residents will propably restate their feelings, and he:.felt it was vital that the owners make
their desires known. He said the motion made clear to the Planning Commission the intent of the
Council in asking them to go back into that question again-- that:the previous action taken was a
temporary action and it is time for.the property to be zoned finally. THE MOTION THEN CARRIED.
Councilman Anderson said he was concerned that some communication be made to the School Board
of the City's desire to have a long-term lease for the Junior High athletic field. THEREFORE,
MOTION:
A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CLEMENT, THAT THE MAYOR, THROUGH
HIS OFFICE AND APPROPRIATE DEPARTMENTS, SET IN MOTION COMMUNICATIONS WITH THE SCHOOL DISTRICT
SETTING FORTH THE CITY'S DESIRES TO NEGOTIATE WITH THEM FOR LONG-TERM LEASE OF -THE JUNIOR HIGH
ATHLETIC FIELD. Councilman Gould concurred that this was an appropriate action. He said he had
met with Superintendent of the School District and with members of the City Staff on this topic,
and it is felt that the athletic complex is a site that can be used as a focal point for the
recreational activities of the City. He said they are considering applying for HUD block grants
and IAC monies to improve it. THE MOTION THEN CARRIED.
Councilman Anderson also inquired about the status of the Brookacres,apprai'sal. City Attorney
John Wallace said he had tried to reach the.appraiser this date and had been unsuccessful. He
left the meeting briefly to attempt to call the appraiser but again was unsuccessful.
Mayor Harrison announced he had received a letter of resignation from Public Works Director
Ron Whaley saying he would be terminating December 31. Mayor Harrison said he would have a
recommendation regarding the filling of that position at the January 4 Council meeting. He also
announced there would be an Executive Session this evening to discuss police and fire union
.
negotiations and another personnel matter.
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Mayor Harrison said that Dick Kennedy, the City's financial advisor, had brought to his
attention the possibility of refunding the July 1, 1974 Water/Sewer bond issue in the amount
of $2,000,000, and that he had a proposal to make this evening. Dick Kennedy then explained
that because municipal bond market rates had come down there was the possibility that.this
bond issue could be refunded at about 1/2 of 1% savings. He explained the details of the
proposal and distributed schedules reflecting the bonds as they -now stand and three alternatives.
Councilman Clement said he and Councilman Gould had gone over these alternatives with the Staff,
and he recommended Alternative 1. He said it doesn't give the highest savings but it is
probably the better alternative because it still allows Phase 2 financing on the short term at
the lower interest rate. He felt the value of not having to make the principal payments until
1985 and the actual timing of the savings were important. Councilman Gould concurred.
MOTION: A_MOTION WAS MADE BY COUNCILMAN-GOULD, SECONDED BY COUNCILMAN CARNS, THAT ORDINANCE 1886 BE
PASSED -AND BE EQUIPPED WITH THE NUMBERS FROM ALTERNATIVE 1 AS PROPOSED.BY THE BOND COUNSEL
FOR THE REFUNDING ISSUE. MOTION CARRIED.
Mayor Harrison announced that the terms of Paul Roy- and Al Bailey as members of the Board of
Adjustment would expire this month and that he would like to reappoint them to their present
positions: A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GOULD, TO CONFIRM
THE MAYOR'S REAPPOINTMENTS OF PAUL ROY AND AL BAILEY TO POSITIONS 2 AND 3, RESPECTIVELY, ON
THE BOARD OF ADJUSTMENT, TERMS TO EXPIRE DECEMBER 31, 1980. MOTION CARRIED, WITH COUNCILMAN
CLEMENT VOTING NO.
Mayor Harrison read a memorandum from the City Attorney regarding a Ms. Hordyk whose
Volkswagen collided with the City Aid Car on December 30, 1973, causing damage to the City
in the amount of $20,000. Since that time she has been either unemployed or in school and
thus virtually judgment proof. The Council had directed the City Attorney's office to
continue to investigate her finances to enable the Council to determine whether a suit
should be started. The statute of limitations will expire on December 30, 1976, and the
City Attorney's office was asking that the Council either authorize them to institute suit
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or close the file. City Attorney John Wallace advised that Ms. Hordyk had no insurance and
no assets and her earnings were minimal at the time of the incident. He did not have any
reason to believe her financial situation had improved, but he said the only way to find out
was to file suit. Councilman Carns thought it should be dropped as there was no reason to
assume Ms. Hordyk's earnings would be any better now than they were then, and there should be
some reasonable expectation of payment in filing suit. Councilman Clement pointed out the
issue of fairness --that if someone had done this who was insured or had the cash, the matter
would be pursued. Mr. Wallace said the immediate costs of filing suit would be about $50
and two hours of time. Councilman Gould felt it would be worth the investment to find out
MOTION: the status of her.ability.to pay. A MOTION WAS MADE BY COUNCILMAN NORDQU.IST, SECONDED BY
COUNCILMAN GOULD, THAT THE CITY ATTORNEY BE AUTHORIZED TO INSTITUTE SUIT AND TO INVITE ANY
OTHER INTERESTED PARTIES TO JOIN IN THE SUIT AGAINST MS. HORDYK, AND THAT THE MATTER NOT BE
DROPPED AT THIS TIME. MOTION CARRIED, WITH COUNCILMAN CARNS VOTING NO.
AUDIENCE PARTICIPATION (8:35
pm.)
Capt. Floyd Smith of 814 Dayton said, in connection with the issue of-zoning,of the Edmonds
Elementary School, that he felt the abstracts of the deeds to that property should be checked
to see if any of it was donated for school .purposes only. The Council agreed that this should
be checked.
CORRESPONDENCE
The Deputy City Clerk read a letter from Peggy Harris addressed to the Mayor, Councilmen, and
Department Heads of the City in which she thanked them for their efforts toward improving the
City and noted that they seldom heard from the business community except in regards to
problems. The letter was much appreciated by the addressees.
HEARING ON FINAL ASSESSMENT ROLL, LID 196, UNDERGROUND WIRING FOR GLEN ELLEN VIEW TRACTS (8:40 p.m.)!
City Engineer Leif Larson said the installation of the underground wiring and street lighting
system is complete and the final cost estimate reflects the final cost per lot is $408.96 as
compared to $550.00 in the preliminary estimate. He recommended confirmation of the final
assessment roll, based upon a cost of $408.96 per lot. The public hearing was opened, no
MOTION: one wished to speak, and the public hearing was closed. A MOTION WAS MADE BY COUNCILMAN
NORDQUIST, SECONDED BY COUNCILMAN CARNS, TO ADOPT ORDINANCE 1887 APPROVING AND CONFIRMING THE
FINAL ASSESSMENT AND ASSESSMENT ROLL OF LID 196, AS RECOMMENDED BY THE CITY ENGINEER.
MOTION CARRIED.
REPORT ON BIDS FOR LIQUID CHLORINE FOR CALENDAR YEAR 1977 (8:42 p.m.)
Public Works Director Ron Whaley had prepared a memorandum with a chart to illustrate the
costs of the chlorine in conjunction with :freight charges for empty containers. Based upon
those charts and the fact that one supplier did not charge for return of empty containers
the annual cost for 80 tons of chlorine (the estimated need of the City for one year) would
be $16,154.71 from Jones Chemicals and $16,537.04 from Pennwalt Corpo.r..ation•,-both figures
including Washington State sales tax. The anticipated annual savings by awarding the bid
to Jones Chemicals would be $382.33. Therefore, it was Mr. Whaley's recommendation
MOTION: that the bid be so awarded. A MOTION WAS MADE BY COUNCILMAN ANDERSON., SECONDED BY
COUNCILMAN NORDQUIST, TO AWARD THE BID FOR LIQUID CHLORINE FOR CALENDAR YEAR 1977 TO
JONES CHEMICALS, INC., BASED ON THE FIGURES PRESENTED BY THE PUBLIC WORKS DIRECTOR.
MOTION CARRIED.
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December 21, 1976 (Continued)
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REPORT ON BIDS FOR REPLACEMENT OF FIRE HOSE, OPENED DECEMBER 6 (8:45 p.m.)
Fire Chief Cooper requested that this report be delayed to December 28-due to lack of
MOTION: sufficient information in the specifications of the -hose bidders. A MOTION WAS MADE BY
COUNCILMAN ANDERSON, SECONDED BY -COUNCILMAN NORDQUIST, TO POSTPONE THE REPORT ON BIDS
FOR FIRE HOSE REPLACEMENT TO DECEMBER 28. MOTION CARRIED.
REPORT ON BIDS .FOR REHABILITATION,AND EXPANSION OF SENIOR CENTER, OPENED DECEMBER 9 (8:45 p.m.)
City Engineer Leif Larson submitted a report indicating the low bidder to.be Atlas Construction
Company, Inc., with a bid of $328,995.00 plus sales tax for a total of $346,760.00. The funds
available for construction are $344,000.00 so Mr. Larson recommended. -a -:--deduction of the kitchen
equipment to provide a good size contingency because of the complexity of the construction. He
felt the kitchen equipment could be rebid in later construction and that a lower bid might be
received by bidding it separately. He said they would have to come back to the Council for
authority to advertise for the kitchen equipment. He said Atlas Construction had been investigated
by the architect and they have done a good amount of work in this area and have a good reputation.
MOTION:
A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GOULD, THAT THE BID FOR THE
REHABILITATION AND EXPANSION OF THE SENIOR CENTER BE AWARDED TO ATLAS CONSTRUCTION COMPANY, INC.,
WITH THE BASE BID OF $328,995.00 LESS DEDUCTION NO. 1 FOR KITCHEN EQUIPMENT IN THE'AMOUNT OF
$52,000.00, FOR A TOTAL OF $276,995.00 PLUS SALES TAX OF $1.4,957.73, FOR A GRAND TOTAL BID OF
$291,952.73. MOTION CARRIED. Councilman Nordquist noted that the anticipation is that the
kitchen will -be equipped, and Lem Everett said there is some equipment coming from Paine Field
and they have a dishwasher and oven.
REPORT ON BIDS FOR STREET SWEEPING, OPENED DECEMBER 14 . (8:52 p.m.)
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Public Works Director Ron Whaley reported two bids had been receivedfor the joint City of Edmonds
and City of Lynnwood street sweeping proposal which were outlined in his written report. He said
Washington State sales tax is not required since the -service is exempted by a State Department of
Revenue ruling.. The service is for 3,981 annual "sweeping miles." He recommended award of the
bid -to the low bidder, Ernie's Eductor Service, in the amount of $1,800 per month. He had
investigated this firm and.reported it has two.sweepers and has been in business about two years.
The equipment is in good mechanical condition and the firm has three operators. 'The firm had
given several references; all were contacted and recommended the firm highly. He said he had also
observed them at'work, unannounced and without saying why he was observing, and he felt they were
doing excellent work. Councilman Clement noted that the total bid is $1,200 more than what is
budgeted, and Mr. Whaley replied that he felt that could be accommodated with in-house savings.
MOTION:
A MOTION WAS MADE -BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN HERB, THAT THE -CITY OF EDMONDS
JOIN WITH THE CITY OF LYNNWOOD IN ACCEPTING THE LOW BID OF ERNIE'S EDUCTOR•.SERVICE FOR 1977 STREET
SWEEPING, THE EDMONDS' COST TO BE $21,100 FOR 3,981 ANNUAL "SWEEPING MILES." MOTION CARRIED.
PROPOSED AMENDED SNOCOM INTERLOCAL AGREEMENT (9:00 P.M.
Chief of Police Marlo Foster reported that on December 2 the SNOCOM Board of Directors
unanimously approved recommending to their legislative bodies an Interlocal Agreement which amends
the Agreement which had been in effect since September 16, 1971.
He said the noteworthy change, having a small impact on the City, replaced the funding formula
with one placing 1/3 of the.agency charge on assessed valuation, 1/3 on population, and 1/3 on usage.
He said the resulting total.charge to Edmonds for 1977 would be $54,364.59, part of the increase
being due to inflation. He recommended approval of the amended Interlocal Agreement.- A MOTION
MOTION:
WAS MADE BY COUNCILMAN NORDQUIST, SECONDED BY COUNCILMAN CARNS, THAT, BASED ON THE RECOMMENDATION
OF THE POLICE CHIEF, THE MAYOR BE AUTHORIZED TO SIGN THE AMENDED SNOCOM INTERLOCAL AGREEMENT,
INCLUDING THE APPROVAL OF THE BUDGET FOR 1977. MOTION CARRIED.
• PROPOSED ORDINANCE AMENDING SEC. 7.30.010, RIGHT-OF-WAY CONSTRUCTION PERMITS (9:04 p.m.)
City Engineer Leif Larson said the Code does not presently require a City Permit for work within
public easements, and this proposed ordinance would add easements to the Right -of -Way Construction
Permit requirements, assisting the Staff in protecting the residential -property and.public utilities
MOTION: contained therein. He recommended approval. A MOTION WAS MADE BY COUNCILMAN.CARNS, SECONDED BY
COUNCILMAN HERB, THAT ORDINANCE 1888 BE ADOPTED,.REQUIRJNG A CITY PERMIT FOR WORK WITHIN PUBLIC
EASEMENTS. MOTION CARRIED.
APPROVAL OF WATER/SEWER ADJUSTMENTS AS RECOMMENDED BY STATE AUDITOR (9:08 p.m.).
Finance Director Lila Crosby reported that these are accounting adjustments only which were found
MOTION: by the State Auditor and that cash is not affected. A MOTION WAS MADE BY COUNCILMAN CARNS,
SECONDED BY COUNCILMAN HERB, TO APPROVE THE WATER/SEWER ACCOUNTING ADJUSTMENTS RECOMMENDED BY THE
STATE AUDITOR. MOTION CARRIED.
There was no further business to come before the Council,; and the meeting adjourned to
Executive Session at 9:10 p.m.
IRENE VARNEY MORAN, Ifity Clerk
H. H.�HARRISON, Mayor
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