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19770524 City Council MinutesSO REPORT ON BIDS OPENED MAY 10 ON LID 198, PAVING LAUREL WAY (9:40 p.m.) • Public Works Director Leif Larson reported that three bids had been received, the lowest being 45% over the engineer's estimate, so he recommended.that all bids.be rejected. He said the Public Works Department is examining various alternatives for proceeding with the work and will make a MOTION: recommendation to the Council on May 24. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN ANDERSON, TO REJECT ALL BIDS RECEIVED, PER THE MEMORANDUM FROM THE DIRECTOR OF PUBLIC WORKS. MOTION.CARRIED. AMENDMENT TO ENGINEERING CONTRACT FOR SEWER SYSTEMS EVALUATIONS - 201 FACILITY PLANNING STUDY (9:41 pm) Public Works Director Leif Larson reported by memorandum that the Reid, Middleton & Associates study had pinpointed various.areas in need of detailed study by smoke testing and television viewing to determine exact infiltration and inflow points in the "subject project. Mr. Larson indicated the services of Reid, Middleton were needed to supervise the contractor and compile the information collected. He said 90% of the financing would come from grants and the remaining 10% from local agency sewer funds. He recommended that the Council authrize the Mayor to execute the contract with Reid, Middleton in the amount of $14,000. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GOULD, TO AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT TO CONTRACT FOR ENGINEERING SERVICES FOR A FACILITY PLANNING STUDY WITH REID, MIDDLETON & ASSOCIATES IN THE AMOUNT OF $14,000. MOTION -CARRIED. Councilman Carns reminded the Public Works Director of a previous request for review of engineering charges by Reid, Middleton. There was no further business to come before the Council, and the meeting adjourned at 9:45 p.m. U IRENE VARNEY MORAN, C&ty Clerk May 24, 1977 H. H. HARRISON, Mayor • The regular meeting of the Edmonds City Council was called to order at 7:30 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT ABSENT STAFF.PRESENT Harve Harrison, Mayor John Nordquist J. Herb Gilbo, M. A. A. Ray Gould Leif Larson, Public Works Director Phil Clement Joe Wallis, Community Development Director Max Gellert Irene Varney Moran, City Clerk Robert Anderson Lila Crosby, Finance Director Tom Carns Jack Cooper, Fire Chief Mike Herb Don Burton, Buildings & Grounds Superintendent John Wallace, City Attorney Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT AGENDA_ (7:31 p.m.) Councilman Gellert asked that Item (C) be removed from the Consent Agenda for comment. A MOTION • WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, TO APPROVE THE BALANCE OF THE CONSENT AGENDA.- MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Roll Call. (B) Approval of Minutes of May 17, 1977. (D) Adoption of Resolution 376, authorizing application to IAC for funding assistance for Haines property acquisition. (E) Confirmation of Mayor's appointments of Gordon Rosier and Bob Pantley to Positions 4 and 6, respectively, of the Citizens Shorelines Management Advisory Committee, terms to expire June 2, 1980 and June 2, 1978, respectively. (F) Acknowledgment of receipt of Claim for Damages from Randy E. Zielsdorf in the amount of $200. PROPOSED RESOLUTION 375, TRANSFERRING FUNDS FROM CONTINGENCY TO GENERAL FUND FOR MICROPHONE SYSTEM, APPRAISAL SERVICES, AERIAL PHOTOS, AND PRELIMINARY TITLE REPORT FOR HAINES PROPERTY ACQUISITION , Item (C) on Consent Aqenda Councilman Gellert's comment had to do with the microphone system and did not reflect on the proposed resolution. He had recently been at the United States Senate and noted that the microphone system they use has the instruments on the bench and when the speaker is ready to talk he connects the instrument to his upper clothing. Councilman Gellert said it was a magnificent sound system, and he suggested such a system might be considered when replacing the present one in the Council Chambers. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT ITEM (C) ON THE CONSENT AGENDA BE APPROVED, PASSING RESOLUTION 375, TRANSFERRING FUNDS FROM THE CONTINGENCY FUND TO May 24, 1977(Continued) 81 MOTION: 1 E THE GENERAL FUND FOR MICROPHONE SYSTEM, APPRAISAL SERVICES, AND AERIAL PHOTOS AND PRELIMINARY TITLE REPORT FOR THE HAINES PROPERTY ACQUISITION. MOTION CARRIED. COUNCIL­(7:35 p.m.) Councilman Gould commented that Gordon Rosier and Bob Pantley, the two new appointees to the Citizens Shorelines Management Advisory Committee, had been interviewed by the Council just prior to this evening's meeting. He introduced Bob Pantley who was in the audience. Councilman Gould also had a letter from Pat McMahan regarding a performing arts center for South.Snohomish County in which Mr. McMahan asked for a resolution from the Edmonds City Council in support of a major performing arts center for South Snohomish and North'King Counties., to be located on the 160 acre former Alaska Communications Sytem site which is presently jointly owned by the Edmonds School District and Edmonds Community College. Councilman Gould read aloud the proposed resolution. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, THAT THE EDMONDS CITY'COUNCIL GO ON RECORD AS AFFIRMING THEIR SUPPORT OF THE PROPOSED PERFORMING ARTS CENTER. Councilman Gellert commented that he had seen publicity about both the Edmonds site and the Federal Way site, and he felt neither.was a good site because they are both in highly developed communities with very little scenic beauty, not enough parking, and poor .access. He felt it should not be combined with a summer arts festival, even though a performing arts center is needed. THE MOTION CARRIED, WITH COUNCILMAN GELLERT ABSTAINING. Councilman Gould referred to the April 27 Safety Committee Minutes which reflected that the City had a WISHA inspection and had three violations, one of which was failure to develop, distribute, and enforce a written procedure to include but not limit to planning, general precautions, evaluation of hazards, ventilation requirements, personal protection, isolation, and responsibilities for personnel to enter into confined spaces. He said he felt a speedy development of this should be accomplished and that he had a personal interest in it and would like to.attend the May 25 meeting if it was going to be discussed. Don Burton replied that it would be and that Councilman Gould would be most welcome. Councilman Gellert commented that.88th St., between 188th and 192nd, is marked as being hazardous on the east side, and that -it —appears to be sinking. Public Works Director Leif Larson said he would investigate this and report back on it. CORRESPONDENCE (7:45 p.m.) A petition had been received requesting that a stop.light be installed at the intersection of 9th, 196th, Olympic View Drive, and Puget Way. Public Works Director Leif Larson said this would be investigated and he noted that the accidents that had occurred there have had to do withdriver error. He said they might consider a stop light that works during school hours. Councilman Gellert suggested a three-way stop with flashing red light. Bill Gouge of 848 Puget Way said his wife had written the petition and submitted it, and he said the traffic coming down the hill is very dangerous at all times. He was in favor of the three-way stop and flashing red light because that would slow down the traffic. He also -favored another one around the corner at 9th and Puget Way. Councilman Gellert did not agree with installation of a second flashing red light, feeling that would be overkill. Mr. Larson said that whatever is done, the State will have final approval because it is,a State highway. Mrs. Gouge then introduced Thelma Chapman whose sleeping quarters abut almost on the highway and who had two a-cidents occuring there. Mrs. Gouge - said it was very disconcerting for Mrs. Chapman to go to bed and know that traffic might go through her MOTION: driveway and sleeping quarters. Mrs. Gouge asked serious consideration of this matter. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT THE MATTER.OF THE PETITION AND TRAFFIC SITUATION AT OLYMPIC VIEW DRIVE AND 196TH BE PLACED ON THE JUNE 28 AGENDA. MOTION CARRIED. DISCUSSION RE BENCHES - SENIOR CITIZENS (7:58 p.m.) 0 MOTION: [1 MOTION Owen Stanley of 233 North Third, spoke in favor of installation of additional benches in the downtown area for the benefit of senior citizens. He presented a list of suggested locations for additional benches. Buildings and Grounds Superintendent Don Burton displayed a map of the downtown area indicat- ing apartment buildings, public buildings, parks, churches, and proposed and existing benches. His plan proposed 28 additional benches. Mr. Burton said each bench costs approximately $300 to install. He said he had been awaiting input from the senior citizens to see where they felt additional benches should be installed. Councilman Clement commented.that there will be covered benches along the bus routes and they should be taken into consideration before installing new benches. Captain Floyd Smith of 814 Dayton commented that many of the Metro stops have shelters but not benches. Councilman Carns felt this wash budget item and should be held in abeyance.until budgeted. Councilman Gellert thought it.wassomething that was just overlooked, and he thought.walking.should be encouraged. A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN.CLEMENT, TO INSTRUCT THE CITY ATTORNEY TO DRAFT A RESOLUTION TO TRANSFER $1,800 FROM THE CONTINGENCY FUND TO THE GENERAL FUND FOR THE INSTAL- LATION OF SIX BENCHES AT THE HIGHEST PRIORITY LOCATIONS, TO BE MUTUALLY AGREED UPON BY THE PUBLIC WORKS DEPARTMENT, PLANNING DEPARTMENT, AND SENIOR CITIZENS GROUP. MOTION CARRIED .WITH COUNCILMAN CARNS VOTING NO. (Councilman Herb had advised the Clerk that he would have to leave the meeting for a short period. He left following this vote, 8:15 p.m. and returned at 8:32 p.m.) STREET USE PERMIT APPLICATION FOR SIGN - ROBERT HOLT, 10116 EDMONDS WAY (8:15 p.m.) Public Works Director Leif Larson indicated the applicant wished to place a business.sign in a portion of the right-of-way between the back of the sidewalk and the property line, and that the location would not cause interference with utilities or driveway sight distances. He said it had been before the Amenities Design Board, and he -recommended approval. A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, TO APPROVE THE STREET USE PERMIT:APPLICATION FROM ROBERT HOLT. MOTION CARRIED, WITH COUNCILMAN HERB NOT PRESENT. REPORT ON BIDS OPENED MAY 17 FOR PURCHASE OF S.IX VEHICLES (8:16 p.m.) Public Works Director Leif Larson reported that two proposals had been received but one.had not been accompanied by a bid bond. He had -submitted a .report of the bids and he recommended award to the bidder who conformed to the contract documents and the State Code.. He said the Mayor recommended otherwise, however. Mayor Harrison said the City Attorney had advised him that the bid bond could be waived and that, in addition, this type of material does not have to be purchased by bid. Inasmuch as there was a substantial amount to be saved by awarding to the bidder who had not submitted a bond, XTI MOTION: Mayor. Harrison felt the City should take advantage of that savings. A MOTION WAS MADE BY COUNCILMAN • CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY ACCEPT THE BID OF SEA-TAC FORD TRUCK SALES, INC., FOR ONE 22 TON DUMP TRUCK AT THE PRICE OF $12,264 PLUS SALES TAX: AND THAT THE CITY ACCEPT THE BID OF TOM CHAPMAN FORD FOR THE BALANCE OF THE VEHICLES IN THE AMOUNT OF $28,181 PLUS SALES TAX: AND THAT THE COUNCIL WAIVE THE REQUIREMENT OF A BID BOND FROM TOM CHAPMAN FORD. Discussion followed regarding the bid bond requirement. City Attorney John Wallace advised that the bid process was.not required at all and that a contract could be awarded to purchase the vehicles. He said that if there was -concern, all the bids could be rejected and then a contract awarded. It was generally agreed that the bid process should be continued to be used, but that efforts should be made to get the lowest prices and if that could be done without requiring a bid bond it would be better.to do it that way. MOTION CARRIED, WITH COUNCILMAN GOULD VOTING NO, AND WITH COUNCILMAN HERB NOT PRESENT. RIGHT -OF -WAY -PERMIT AND UTILITY CHARGES: WATER LINE FOR LAEBUGTEN WHARF, INC. (8:30 p.m.) Public Works Director Leif Larson reported that the Laebugten Wharf addition required a new water service for the fire protection system, and a portion of the line lying within the railroad right-of-way will be owned and maintained by the City, so a permit from the railroad for the use of their right-of-way was required. He recommended that the Mayor be authorized to enter into the Right -of -Way Use Agreement with the railroad. The railroad would charge a customary rental fee, and Mr. Larson recommended this, in turn, should be charged to Laebugten Wharf. A MOTION WAS MADE BY'COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT THE CITY ACCEPT THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC WORKS IN THIS REGARD, THAT THE MAYOR BE AUTHORIZED TO ENTER INTO THE RIGHT-OF-WAY USE AGREEMENT WITH THE RAILROAD, AND THAT LAEBUGTEN WHARF BE CHARGED THE COSTS OF THE RIGHT-OF-WAY RENTAL PERMIT, PRORATING IT ON THE BIMONTHLY CITY UTILITY BILLING AT $1.50 PER MONTH FOR THE FIRST FIVE YEARS AND $ .85 PER MONTH THEREAFTER. MOTION CARRIED. (Councilman Herb had returned during this discussion.) RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS ON ALTERNATIVES FOR PROCEEDING WITH PAVING OF LAUREL WAY - LID 198 (8:34 p.m.) Director of Public Works Leif Larson offered the alternatives of (1) readvertising for bids, • hoping to either have reduced bids from the same contractors or to attract new bidders; or, (2) proceed, with the City acting as general contractor, doing a portion of the construction work, and negotiating arrangements with contractors for specialized work such as, curbing and paving. Mr. Larson felt the second alternative was the better one, and he said,the City forces could MOTION: handle the project with a minimum adjustment of projected workloads. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO PROCEED WITH LID 198 UNDER THE DIRECTOR'S RECOMMENDED SECOND ALTERNATIVE, WITH THE PUBLIC WORKS DEPARTMENT REQUESTING PROPOSALS FROM SPECIALTY CONTRACTORS WHERE NECESSARY,'COMPLYING WITH STATE LAW FOR REQUIRING PUBLICATION OF NOTICE OF WORK TO BE DONE. MOTION CARRIED. PROPOSED AGREEMENT FOR PARTICIPATION WITH STATE HIGHWAY DEPARTMENT ON HIGHWAY 99 IMPROVEMENTS (8:38 p.m.) Public Works Director Leif Larson reported that the District Engineer from the Washington State Highway Department had requested the City of Edmonds to enter into an agreement for its pro rata share of the channelization work on Highway 99 from 228th St. S.W. to SR 524 in Lynnwood. Mr. Larson explained by memorandum charges that would be made to Edmonds amounting to $19,469.97. He said the City could pursue action to avoid participation, but it was not in the best legal position to do that. City Attorney John Wallace added that the State could take the City's 1/2 cent gas tax funds to pay for theimprovement if th eCity refused to participate. Mr. Larson recommended the City = participate, and his memorandum indicated how funding would be accomplished. Councilman Carns expressed the view that the State mandates a budget be utilized and it should not be permitted to MOTION: upset the budget halfway into the year. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN GELLERT, THAT THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC WORKS BE FOLLOWED IN THIS MATTER AND THAT THE MAYOR BE AUTHORIZED TO EXECUTE THE AGREEMENT WITH THE WASHINGTON STATE HIGHWAY COMMISSION. MOTION CARRIED. PROPOSED ORDINANCE REQUIRING APPROVAL OF SEPTIC SYSTEM DESIGNS (8:45 p.m.) Public Works Director Leif Larson said this proposed ordinance was for the purpose of more coordinated building permits and control, and for the benefit of the builder or property owner so he does not go to the expense of developing plans and then discover the septic tank permit won't be approved because the soil won't perc. Under the proposed ordinance the septic tank system design must be approved prior to receiving a building permit. He recommended approval. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GELLERT, THAT ORDINANCE 1919 BE ADOPTED, REQUIRING APPROVAL OF SEPTIC SYSTEM DESIGNS PRIOR TO ISSUANCE OF A BUILDING PERMIT. MOTION CARRIED. PROPOSED DRAINAGE ORDINANCE (8:50 p.m.) Public Works Director Leif Larson recommended approval of the proposed Drainage Ordinance except for the appeals procedure. He had checked with other municipalities and found that the usual procedure on appeal was -either to the City Council or the County Commissioners. Mr. Larson felt that the Public Works Director, Mayor, and City Council are the only ones responsible for budgeting for future maintenance and operations of the accepted public works facilities, so they should not relinquish the authority and final decisions on public facilities to a process which bypasses the elected officials. Community Development Department Director Joe Wallis, however, expressed the view that it is up to the administrators to establish the administrative policy with the appeals to the Board. He felt there is merit in relieving the Council of appeal hearings on technical and administrative matters. He said that is the way it works with other boards and commissions and that it was pertinent here. Further, he cited Section 12.17.130 of the proposal which stated that the Public Works Director could waive some development restrictions, and he said this was a Board of Adjustment responsibility and should remain so. There was some discussion on this point, and then the discussion was opened to the public. Several building contractors were present and expressed views. Bob Pantley said he built almost exclusively in Edmonds and Shoreline. He said he would rather face the Board of Adjustment because is it not a single person. is • May 24, 1977 (Cont.) r N S Tom Belt said most of the builders had not heard about this ordinance until the last minute and asked that action be postponed until they could study.i.t. BjornlTheusen also asked fora delay, saying.it was an important piece of legislation because ofthe potential"impact.of.costs. Councilman Gellert pointed out .that,.:once again, the Planning Commission was being disregarded as this proposal had had several hearings.before.it, and that these people'should have -been there for these.hearings. COUNCIL - MOTION: MAN GELLERT.THEN MOVED, SECONDED BY COUNCILMAN HERB, THAT THE'PROPOSED DRAINAGE ORDINANCE BE AMENDED IN THAT IN SECTION 8 (12.17.070), WHEREVER THE WORDS ."BOARD OF APPEALS".OR."BOARD" APPEAR, THE WORDS, "CITY COUNCIL", SHALL BE SUBSTITUTED. A ROLL:CALL VOTE WAS.TAKEN, WITH.COUNCILMAN GOULD, CLEMENT, GELLERT, AND HERB VOTING YES, AND COUNCILMEN ANDERSON AND CARNS VOTING NO. MOTION CARRIED. A MOTION MOTION:WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN GOULD, THAT THE PROPOSED DRAINAGE ORDINANCE BE AMENDED SO THAT THE FIRST•SENTENCE OF SECTION 14 (12.17.130)'SHALL READ AS;FOLLOWS: "WHERE APPLICATION OF THE PROVISIONS OF THIS CHAPTER WILL DENY ALL REASONABLE USES OF TH L PROPERTY., THE APPLICANT MAY APPEAL TO THE BOARD OF ADJUSTMENT.TO WAIVE SOME OF THE RESTRICTIONS AND THAT MOTION: THE LAST SENTENCE OF SECTION 14 BE DELETED. MOTION CARRIED. A.MOTION.WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT.THE PROPOSED DRAINAGE ORDINANCE,.AS AMENDED, -BE SET FOR HEARING ON MONDAY, JUNE 20. MOTIONCARRI€D. The audience was advised that the�Council meetings generally are held on Tuesdays, but on this particular week the meeting date had been changed to Monday. is 1 There was no further business to come before the Council, and the meeting was adjourned at 9:45 p.m. f May 31, 1977 (Work Meeting) H. H. HARRISON, MAYOR The regular meeting of the Edmonds City Council was called to order at 7:35 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 Max Gellert John Nordquist Robert Anderson Tom Carns Mike Herb CONSENT AGENDA (7:36 p.m.) STAFF PRESENT J. Herb Gilbo, M.A.A. Leif Larson, Public Works Director Joe Wallis, Community Devel.opment.Director Irene Varney Moran, City Clerk Jim Murphy, City Attorney Jackie Parrett, Deputy City Clerk 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: 0 (A) Roll call. (B) Approval of Minutes of May 24, 1977. COUNCIL (7:38 p.m.) Councilman.Gould reported he had attended the City of Edmonds Safety Committee meeting of May 25. He said it was an excellent meeting"and he was pleased to see that -the -City had an organized safety program in action. Councilman Gellert noted that the transfer from Social Security to MEBT was indicated on the extended agenda for June 20 and -he commented on -the short period left until the withdrawal date. He felt that if the agreements could not be worked out there was not enough time to reverse the action by the end MOTION: of the month. After some discussion; A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE PROPOSED ORDINANCE AND AGREEMENT TO TRANSFER FROM SOCIAL SECURITY TO MEBT BE MOVED TO THE JUNE 14 WORK MEETING. MOTION CARRIED. (Councilman Herb was not present for the vote, arriving at 7:50 p.m.) DISCUSSION ON GIVENS AND MID-TERM GOALS -- PLANNING PROCESS (7:45 p.m.) This discussion was a follow-up in the planning, process started at the Council/Staff retreat. A lengthy discussion was held on "givens", those things that will be done or take place --at this time --and are nonnegotiable. The following givens were established. 1. No city consolidation (merger). 2. Retain merit pay concept. 3. Annual policy review (government structure). .4. Continue existing height restrictions. 5. No councilmanic bonds unless accompanied by a revenue source. •