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09/25/2001 City CouncilApprove 9/17/01 inutes fpprove laim cks EDMONDS CITY COUNCIL APPROVED MINUTES September 25, 2001 The Edmonds City Council meeting was called to order at 7:02 p.m. by Mayor Gary Haakenson in the Council Chambers, 250 56i Avenue North, Edmonds, followed by the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President (arrived 7:15 p.m.) Thomas A. Miller, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Richard Marin, Councilmember APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Al Compaan, Assistant Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Brent Hunter, Human Resources Director Jim Larson, Assistant Admin. Serv. Director Stephen Koho, Treatment Plant Manager Frances Chapin, Cultural Resources Coordinator Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. (Council President Earling was not present for the vote.) 2. CONSENT AGENDA ITEMS Councilmember Petso requested Item H be removed from the Consent Agenda. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Council President Earling was not present for the vote.) The agenda items approved are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 17, 2001 (C) APPROVAL OF CLAIM CHECKS #50648 THROUGH #50829 FOR THE WEEK OF SEPTEMBER 17, 2001, IN THE AMOUNT $918,117.11. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #3161 THROUGH #3272 FOR THE PERIOD SEPTEMBER 1 THROUGH SEPTEMBER 15, 2001, IN THE AMOUNT OF $850,911.04 Edmonds City Council Approved Minutes September 25, 2001 Page I Claim for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JIM AND GINNY amages DOUGLAS (Undetermined Amount) Liquor icenses (E) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD Liquid (� REPORT ON BIDS OPENED SEPTEMBER 10, 2001, FOR LIQUID CHLORINE AND Chlorine AWARD TO JONES CHEMICAL, INC.. reatment (G) REPORTS ON BIDS OPENED SEPTEMBER 10, 2001, FOR TREATMENT PLANT Plant [Chemicals CHEMICALS AND AWARD TO NORTHSTAR CHEMICAL, INC. Day of (1) PROCLAMATION IN HONOR OF MAYORS' "DAY OF CONCERN FOR THE oncern for HUNGRY," SATURDAY, SEPTEMBER 29, 2001 �the Hungry Item_ H: Authorization for Mavor to Sign Contract with TCA Architects for the Design of Fire Station 16 esign of At Councilmember Petso's request, Community Services Director Stephen Clifton explained when Fire Station developing the contract for Fire Station 16, the first goal was to ensure the City had as much control over o. 16 the contract as possible. Another goal was to define the role of the architect and the City up front. To meet these goals, a team was assembled that included the Fire Chief, Development Services Director, City Engineer, and Public Works Director who prepared the Request for Qualifications (RFQ), reviewed the responses to the RFQ, interviewed the architects as a team and selected an architect. The proposed contract includes a great deal of control for the City as it requires the architect obtain authorization from the City for any change orders. The contract also includes "do not exceed" line items and the architect must receive authorization from the City to exceed any line item. Councilmember Petso said when this was first presented to the Council, she was reassured by the fact there would be an independent consultant overseeing the project. She noted the new proposal did not include independent oversight and questioned how that decision was made and who made the decision. Mr. Clifton answered the project team discussed this issue at length. TCA Architects was proposed as the Contract Administrator due to the scale of the project (Fire Station 16 is not as complex as the Public Safety Complex in size, scale and cost), TCA specializes exclusively in the design, construction and management of fire stations, TCA has a proven track record and reputation in the Puget Sound area, and they have designed and managed the development of over 100 fire stations in this area. The Principal will be the designer, architect, and construction manager and thus will have a great deal of knowledge for answering questions for the construction contractor. When conducting reference checks on projects designed by TCA, it was noted that typically TCA completed the project within a small percentage of the estimated construction costs. Mr. Clifton explained he contacted other communities including Mt. Vernon, Shoreline and Mercer Island who had nothing but compliments for TCA. TCA is an experienced construction management team; by using TCA, the City will save an estimated $43,000 compared to hiring an independent contract construction administrator. Councilmember' Petso asked whether the City was hiring TCA to keep an eye on themselves versus an independent construction administrator who would oversee their work. Mr. Clifton answered no, TCA must ensure what they design can be constructed properly. The City's role will be code compliance to ensure construction meets the City's codes and the design. TCA will act as the contract construction manager to ensure the contractor meets the intent of the construction contract once awarded and bid. He planned to attend many of the meetings with TCA and the contractor on the site. The Principal will visit the site at least three times per week and he reiterated that all change orders must be approved by the City before TCA conveys the authorization to the contractor. Edmonds City Council Approved Minutes September 25, 2001 Page 2 Councilmember Petso asked whether there was a process in place for other staff to review the plans and provide input such as the Facilities Maintenance Manager who may wish to comment on materials, design, issues, etc. related to maintenance of the structure. Mr. Clifton advised Exhibit A identified specific tasks the architect would be undertaking. Task 1, Facility Program Development, includes meeting with various City staff to incorporate their input into the project. Councilmember Petso inquired whether there was a provision for fees/penalties if the construction schedule was not met which could provide incentive to move the project along. City Attorney Scott Snyder answered liquidated damages clauses are generally disfavored if actual damages can be proven. He explained there would be provisions in the construction contract to address the issue, noting that enforcement of a liquidated damages provision against an architect overseeing a project would be difficult. The City's remedy would be to relieve the architect; a provision is included in the agreement providing for full indemnification by the architect for delays resulting from their negligence. Councilmember Petso commented if the City was forced to relieve the architect, further delays and additional costs would occur. She asked whether they would be required to compensate the City if that occurred. Mr. Snyder answered the indemnification clause provides for that and survives the contract. Councilmember Plunkett inquired how long this has been on the Council's long-range agenda. City Clerk Sandy Chase answered at least two weeks. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF ITEM H. MOTION CARRIED. (Council President Earling was not present for the vote.) The item approved is as follows: (H) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH TCA ARCHITECTS FOR THE DESIGN OF FIRE STATION 16 3. AUDIENCE COMMENTS pen Public Al Rutledge, 7101 Lake Ballinger Way, Edmonds, referred to his comment at the September 4 meeting eetings that a "deal had been cut" by the Council. By way of clarification, he alleged Council President Earling ct violated the Open Public Meetings Act by conducting a rolling quorum resolution. Mr. Rutledge advised he contacted the Washington State Attorney's Office regarding this matter. Community 4. COMMUNITY SERVICES DEPARTMENT QUARTERLY REPORT Services Department Community Services Director Stephen Clifton advised major projects currently being worked on by Quarterly Community Services staff include Edmonds Crossing, Sound Transit, Fire Station #16, Unocal site Report cleanup, and Public Facilities District. Edmonds Edmonds Crossing Crossing Mr. Clifton reported he met with representatives of the Suquamish Native American Tribe on August 29 and with representatives of Washington State Ferries, CH2M Hill, and Washington State Department of Transportation to discuss ferry operations, specifically the routing of the ferries which is a concern of Native American Tribes in this area. Staff continues to focus on getting the Final Environmental Impact Statement (FEIS) issued. F Sound Transit Mr. Clifton reported that the Sound Transit Technical Advisory Committee (TAC) met on July 17 and September 18; the TAC's focus is addressing issues related to overall site design as well as selecting site Edmonds City Council Approved Minutes September 25, 2001 Page 3 amenities including lighting, signage, canopy, shelter, platform, loading, etc. as well as pedestrian, auto, and transit circulation. Mr. Clifton referred to perspectives of the Edmonds Commuter Rail Station provided by Streeter Architects, explaining the perspectives identify the layout of the parking lot south of the Amtrak station/north of Dayton/east of the railroad tracks as well as the parking area to the north of the Amtrak Station between Amtrak and Main Street. He advised the design was able to incorporate a bus transit center which will be located east of the railroad tracks between the current WSDOT parking lot and north of the Amtrak Station/south of Main Street. Community Transit will serve the facility including AM and PM Sound Transit routes on the east side of the tracks. Mr. Clifton explained one of the primary focuses of the TAC has been to ensure and maintain Community Transit service along Railroad Avenue. This was accomplished via working with Sound Transit, Community Transit, and City staff, and reducing Railroad Avenue to 22 feet in width (a southbound lane of 12 feet and a northbound lane of 10 feet). The site plan also incorporates numerous site amenities such as light fixtures, shelters, signage, etc. in a nautical theme. He explained the transit center would be one-way on Railroad Avenue (east of the railroad tracks), which was necessary to ensure safe service for Community Transit and pedestrians. Mr. Clifton noted up to 100 parking stalls would be eliminated as a result of the construction of the station. He explained approximately 63 stalls currently abutting the existing railroad track (east of the railroad tracks and north of Amtrak/south of Main Street) would be eliminated by the addition of the second railroad track. The remaining 37 stalls will be eliminated as a result of the new road on the east side of the Amtrak station and design of the transit center. Councilmember Marin, a member of the art subcommittee, displayed a representation of the sculpture by world-renowned sculptor Gerald Tsutakawa that would be incorporated into the site design. Councilmember Marin explained the sculpture incorporates the wave theme as well as a saw theme on the opposite side of the sculpture. Councilmember Petso clarified Railroad Avenue would remain open to 2-way traffic under the proposed plan. Mr. Clifton agreed. Councilmember Petso asked who made up the loss of parking Mr. Clifton answered the south parking lot would include 159 parking stalls. Sound Transit estimates a daily parking demand of 120 stalls, resulting in a 39 car surplus in the south parking lot. The existing parking stalls north of the Amtrak Station can also be used by Amtrak passengers and others. He pointed out the elimination of 67 of the 100 parking stalls was the result of the second track which would occur regardless of whether an Edmonds station was constructed. Councilmember Petso asked how the City would be compensated for the loss of parking stalls. Val Batey, Sound Transit, Project Manager for the Edmonds Commuter Rail Station, explained the 67 privately operated parking spaces that will be removed to install the second track are on Burlington Northern -Santa Fe (BNSF) right-of-way. The 37 spaces on the east are in the Railroad Avenue right-of- way, which is on an easement on BNSF property. She emphasized Sound Transit was providing parking in excess of the anticipated demand of their riders. Councilmember Petso commented the only parking spaces that would be "made up" would be the 39 extra spaces in the south parking lot. She asked whether there was any obligation for the City or Sound Edmonds City Council Approved Minutes September 25, 2001 Page 4 Transit to replace the remainder of the parking. Ms. Batey advised Sound Transit was providing parking appropriate for their use. She noted construction of additional parking is under consideration by the Port to the south. Mr. Clifton advised other communities in south King County provided funds from their budgets to add parking in addition to the parking provided by Sound Transit; that has not been proposed by Edmonds. Councilmember Marin asked how many stalls the Port was considering. Mr. Clifton answered approximately 250. Councilmember Miller expressed concern with the proposed artwork, and urged the subcommittee to keep in mind both what was vogue today and what the perception of the sculpture would be in the future. He cautioned the committee not to go overboard with the wave theme. Council President Earling pointed out the art piece on display was a small model of the proposed artwork and, in the context of the station design, it would be a stunning piece. Mr. Clifton advised the height of the sculpture was proposed to be 8 feet although there have been discussions regarding a fund raising drive to increase the size to 15 feet. Council President Earling commented Sound Transit celebrated its 500,000 commuter rail rider today. He noted the ridership grows on a weekly basis and he looked forward to commuter rail in Edmonds. Ms. Batey extended her appreciation to the TAC members and staff for their assistance with developing the station design. Station Fire Station # 16 With the Council's authorization to Mayor Haakenson to approve the contract with TCA, Mr. Clifton indicated he would contact TAC tomorrow so that they could begin the design of the fire station. Unocal Site Unocal Site Cleanup leanup Mr. Clifton advised the cleanup was occurring ahead of schedule. The demolition was one month ahead of schedule and all tanks have been demolished and removed. Unocal is in the process of excavating four pits in the lower yard to assess contamination and have found the site is less contaminated than anticipated. Future activities include prepare a feasibility study of alternative proposals for final cleanup — spring 2002, develop draft Cleanup Action Plan — fall 2003, issue Final Action Cleanup Action Plan — fall 2003, prepare engineering design documents — fall/winter 2003/2004, and implementation of final cleanup actions — 2004 construction season). Public Public Facilities District (PFD) Facilities Mr. Clifton reported a joint meeting with the PFD and Council was held where the Council and PFD District entered into an Interlocal Agreement establishing their roles as well as passing the PFD bylaws. The PFD Board entered into a contract with Property Counselors in July who began performing the Market Demand and Feasibility Study. The Market Demand phase of the study has been completed and was presented to the PFD Board on September 5. The full report will be completed on October 1 with a presentation made to the PFD on October 3. The PFD will review/comment/edit the report and Property Counselors will provide a final report by October 16. A final presentation will be made to the PFD in late October/early November in preparation for a presentation of the findings to the full Council. Councilmember Plunkett expressed his appreciation for the Community Services Department Quarterly Report, noting he retains the report for use in answering questions from the community. Edmonds City Council Approved Minutes September 25, 2001 Page 5 Res# 1011 5. RESOLUTION NO. 1011 AUTHORIZING THE SALE OF TWO PARCELS OF PROPERTY Sale of Two LOCATED AT 8505 BOWDOIN WAY AND APPROXIMATELY 8612 MAIN STREET, arcels ESTABLISHING A MINIMUM PRICE WHICH SUCH BIDS ARE TO BE OFFERED, AUTHORIZING THE MAYOR AND STAFF TO PLACE THE PROPERTIES FOR SALE ON A NEGOTIATED BASIS AND PROVIDING STAFF DIRECTION REGARDING A PROCESS Development Services Director Duane Bowman explained the proposed resolution established minimum bid requirements for the two surplus properties the Council reviewed at a public hearing on August 7. Adoption of the resolution establishes a process for staff and Mayor Haakenson to negotiate sale of the properties. Should the properties fall below the minimum bid requirements, the resolution requires staff and Mayor Haakenson to bring the matter to the Council for consideration. Councilmember Petso referred to concerns raised at the public hearing such as a desire for a park expressed by neighbors. She recalled Parks and Recreation Director Arvilla Ohlde indicated the Comprehensive Plan did not project any park needs for that area. Councilmember Petso recalled concerns expressed regarding legal requirements and the necessary r . ht-of-way, and asked whether those requirements had been addressed. Mr. Bowman answered staff Aould meet to develop a strategy for each property such as considering the right-of-way alignment for the Main Street property, etc. He explained the resolution declared the property surplus, giving staff authorization to negotiate the sale. Councilmember Petso clarified during sale negotiations, all necessary easements, etc. would be retained. Mr. Bowman agreed. Council President Earling asked how the minimum price was determined. Mayor Haakenson answered it was a compilation of conversations with realtors and developers as well as a review of tax records and sales of properties in the surrounding area. Council President Earling asked who provided the legal description. Mr. Bowman answered the legal descriptions were prepared by staff; a meets and bounds survey of the Main Street property would be prepared to generate a legal description. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF RESOLUTION NO. 1011. MOTION CARRIED UNANIMOUSLY. The Resolution approved reads as follows: f A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING THE SALE OF TWO PARCELS OF PROPERTY LOCATED AT 8505 BOWDOIN WAY AND APPROXIMATELY 8612 MAIN STREET IN THE Y OF EDMONDS, WASHINGTON, ESTABLISHING A MINIMUM PRICE WHICH SUCH _ _'DS ARE TO BE OFFERED, AUTHORIZING THE MAYOR AND STAFF TO PLACE THE PROPERTIES FOR SALE ON A NEGOTIATED BASIS AND PROVIDING STAFF DIRECTION:, REGARDING A PROCESS. " 6. MAYOR'S COMMENTS Mayor Haakenson had no report. 7. INDIVIDUAL COUNCIL REPORTS/UPDATES ON OUTSIDE COMMITTEEBOARD MEETINGS ommuniry Council President Earling thanked the community and the region for approving the Community Transit ransit ballot issue on September 18, noting the measure passed by 53%. He explained the funds generated would allow Community Transit to restore the balance of service cuts made as a result of the loss of Edmonds City Council Approved Minutes September 25, 2001 Page 6 funding due to I-695 including Sunday service, restoring gaps in neighborhood routes, and assist with Park and Ride expansions as well as provide for additional service in the future. ary Council President Earling commented in the primary election, the citizens of Edmonds had the largest Ilion voter turnout in Snohomish County. He said this shows Edmonds is a community that cares, is interested in local government and pays attention to issues. SnoCom Councilmember Plunkett reported on SnoCom. The 800 MHz project is anticipated to be complete in mid-2002. The remodeling of the SnoCom facilities will be completed in late October but move -in will occur in December due to computer system upgrades. The City's contract with SnoCom will increase by $27,000 in 2002, a 6% increase. [Advisory Councilmember Petso reported the Lodging Tax Advisory Committee, who provides recommendations to odgiTax Council regarding the distribution of hotel/motel tax revenue, is accepting applications for the next year's ommittee budget cycle. Funds must be used for tourism or tourism promotion and eligible organizations are encouraged to apply. She advised the members of the Lodging Tax Advisory Committee who are involved in the hospitality industry expect a sharp decline in tourism and thus a sharp decline in hotel/motel tax revenues and reduced allocations for the 2002 budget year. Downtown Councilmember Orvis reported the Downtown Parking Committee had a presentation from the Edmonds Pazking Alliance for Economic Development regarding their traffic study on demand versus use. The study led to ommittee discussion regarding how to solve problems and plans are underway for a study of how to solve some of the problems, which will be funded by the in -lieu -of parking fund. Expansion of the 3-hour parking area will be addressed in the study. The committee will also discuss issuing employee parking permits to 100% of employees of downtown businesses. ltb Councilmember Marin reported as part of his effort to educate himself regarding Health Board issues, he Board spent six hours with the Environmental Health Department looking at septic systems, landfills, recycling, etc. As a result of the BrightWater Siting Advisory Committee meeting he attended today, he was unable to accompany the Environmental Health Department to examine/cleanup of a meth lab in South Snohomish County. ort District Councilmember Marin reported the Port meeting included discussion of the Shoreline Hearings Board's action to invalidate the Shoreline Management Act adopted by the Department of Ecology in 2000. 8. EXECUTIVE SESSION REGARDING A LEGAL MATTER Executive I At 7:45 p.m., Mayor Haakenson recessed the Council to Executive Session for approximately one hour session for discussion of a legal matter. He advised no action would be taken and the Council would adjourn immediately following the Executive Session. WY KENSON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes September 25, 2001 Page 7 AGENDA m EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5' Avenue North 7:00 - 10:00 p.m. SEPTEMBER 25, 2001 7:00 p.m. - Call to Order Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of September 17, 2001 (C) Approval of claim checks #50648 through #50829 for the week of September 17, 2001, in the amount of $918,117.11. Approval of payroll direct deposits and checks #3161 through #3272 for the period September 1 through September 15, 2001, in the amount of $850,911.04. (D) Acknowledge receipt of Claim for Damages from Jim and Ginny Douglas (Undetermined Amount) (E) Approval of list of Edmonds businesses applying for renewal of their liquor licenses with the Washington State Liquor Control Board (F) Report on bids opened September 10, 2001, for Liquid Chlorine and award to Jones Chemical, Inc. (G) Report on bids opened September 10, 2001, for Treatment Plant Chemicals and award to Northstar Chemical, Inc. (H) Authorization for Mayor to sign contract with TCA Architects for the design of Fire Station 16 (1) Proclamation in honor of Mayors' "Day of Concern for the Hungry," Saturday, September 29, 2001 Page 1 of 2 CITY COUNCIL MEETING AGENDA September 25, 2001 Page 2 of 2 3. Audience Comments (3 Minute Limit Per Person) 4. (20 Min.) Community Services Department Quarterly Report 5. (15 Min.) Proposed Resolution authorizing the sale of two parcels of property located at 8505 Bowdoin Way and approximately 8612 Main Street, establishing a minimum price which such bids are to be offered, authorizing the Mayor and staff to place the properties for sale on a negotiated basis and providing staff direction regarding a process 6. ( 5 Min.) Mayor's Comments 7. (15 Min.) Individual Council reports/updates on outside Committee/Board meetings 8. (60 Min.) Executive Session regarding a legal matter ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on AT&T Cable, Channel 21.