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19761221 City Council Minutes• December 21, 1976 ..gyp®q 2 _ii_ E 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. 22 n LJ 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 i 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. 1 December 21, 1976 (Continued) • 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.) • 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 • •17 Fy