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08/16/1988 City CouncilTHESE MINUTES SUBJECT TO AUGUST 23, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES AUGUST 16, 1988 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Bill Kasper, Council President Laura Hall Roger Hertrich Jo -Anne Jaech Steve Dwyer John Nordquist Jack Wilson STAFF Jim Barnes, Parks & Rec. Div. Mgr. Jack Weinz, Fire Chief Peter Hahn, Comm. Svc. Director Bob Alberts, City Engineer Mary Lou Block, Planning Div. Mgr. Robin Hickock, Assistant Chief Art Housler, Admin. Svc. Director Chuck Day, Accounting Mgr. Ray Johnson, Project Engineer Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived during the discussion of Item #5 and did not vote on that item or any item preceding it. CONSENT AGENDA COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 9, 1988 de,ZG (C) AUTHORIZATION FORECOMAYOR TO SIGNLOCALN OASTAL ATCHOE MANAGEMENT CONTRACT #G0089036 WITH DEPARTMEN PRESENTATION OF ARTS SCHOLARSHIPS TO COLLEEN SMITH AND RAMONA WENTWORTH The presentation was made following Item #3 because one of the recipients had not arrived yet. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Vic Shultz, 8305 - 224th St. S.W., encouraged and requested the Council not to approve annexation of Esperance into Edmonds. He said the Action Council for Esperance talked with hundreds of people and has concluded that the people of that area are opposed to annexation. Maria Haley, 7705 - 223rd St. S.W., said she was in favor of annexing Esperance into Edmonds. She said Esperance will receive enhanced services from the City if it is annexed. Ms. Haley said she has spoken with many people in the area and they are in favor of annexation. Gene Tuura, 7718 - 191st S.W., inquired if public input would be allowed during discussion of Item #4, Second Hearing Regarding Renewal of Cable Television Franchise. Mayor Naughten replied affirmatively. Mike Nolan, 9622 - 236th P1. S.W., said he has lived in Esperance for thirty years and has never been polled regarding annexation into Edmonds. - He inquired how utilities would be less expensive if the area is annexed when an additional tax will be imposed. Mayor Naughten suggested that Mr. Nolan call the City for information regarding the breakdown of taxes. He said that information will be published in the future and made available to the voters. {moo. Paul Joslin, 16219 - 70th P1. W., said he had a photograph of a mother walking her child in a stroller alongside the road that he would like to submit as evidence for Item #6 regarding the hearing for a portion of the undeveloped right-of-way of North Meadowdale Road. Mayor Naughten inquired of the City Attorney if the Council could accept new evidence. City Attorney Scott Snyder noted that the Council had continued the hearing in order to take evidence regarding the right-of-way deeds. He said the Council could, at its discretion, take additional testimony when the hearing was in process. Councilmember Hall said the wording for Item N6, as it appeared on the agenda, was misleading. At the Mayor's suggestion, Mr. Joslin submitted the photograph to the City Clerk. Councilmember Jaech pointed out that the public hearing had been closed on July 19. She said the hearing was continued only to receive one document and not for public input. Mr. Snyder stated that the Council could reopen the public portion of the hearing if it wished to. Councilmember Jaech inquired, then, if the City would be put in a precarious position if it accepted additional testimony. Mr. Snyder replied negatively. Councilmember Hall expressed concern that the public would be under the impression that further public testimony was not allowed because the wording on the agenda was misleading. Mr. Snyder said it was his opinion that the only people who were entitled to notice of what occurred were those people who attended the July hearing. He reiterated that it was the Council's discretion whether or not to take additional testimony. PRESENTATION OF ARTS SCHOLARSHIPS TO COLLEEN SMITH AND RAMONA WENTWORTH Linda Goodrick, Chairman of the Edmonds Arts Commission, requested that the presentation be made Zu-f.�/ at that time, even though Colleen Smith had not arrived yet. She said Ms. Smith could be delayed in traffic. Ms.. Goodrick introduced Larry Hulbert, Edmonds Arts Commission. Mr. Hulbert introduced Ramona Wentworth. He said she.is a graduate of Edmonds High School. Ms. Wentworth lettered in tennis and was concert mistress for the Cascade Youth Symphony, among many other honors. Ms. Wentworth ranked in the top 1% of music students. She will attend Bloomington University in the Fall. Mr. Hulbert said Colleen Smith is a graduate of Woodway High School and ranks second in her class, with a cumulative grade point average of 3.96. Ms. Smith was the recipient of the Out- standing Performance Award from the Washington State Music Teachers' Association. She will at- tend PLU in the fall. Mr. Hulbert said Ms. Wentworth and Ms. Smith were two of the finest scholarship candidates that the Commission has reviewed in the last four years. Mayor Naughten congratulated Ms. Wentworth and Ms. Smith for their outstanding achievements. He expressed his appreciation to the Arts Commission for awarding the scholarships. SECOND HEARING REGARDING RENEWAL OF CABLE TELEVISION FRANCHISE City Attorney Scott Snyder said the purpose of the hearing was to assess the cable television -51AA-11� needs of the City of Edmonds and to generally assess the performance of thefranchise and deter- mine whether or not they have complied with the terms of their franchise agreement. Mr. Snyder said an opportunity has been set aside for both Chambers Cable and Viacom to make a brief presentation following the public portion of the hearing. Mayor Naughten opened the public portion of the hearing. Gene Tuura, 7718 - 191st S.W., said it would be wise to examine the implied police powers of Chambers Cable. He said a representative of Chambers entered his property when he was not home and left his gate wide open. Mr. Tuura felt they had no right to trespass onto someone's proper- ty when they were not subscribing to their service. Mr. Tuura said his neighbors are dissatisfied with the service they receive from Chambers Cable and, in particular, with the advance billing method. Mr. Tuura said although Chambers Cable is not a public utility, they have implied that they are. Mr. Tuura requested the Council to carefully review the franchise agreement and, also, to consid- er awarding the franchise to Viacom, as well as to Chambers, so that customers will have a choice. Ray Albano, 20916 - 76th W., suggested that advanced billing not be allowed when the franchise is renewed. Mr. Albano said it is very difficult to contact a Chambers representative by telephone on holi- days. However, he said he was satisfied with their service. EDMONDS CITY COUNCIL MINUTES Page 2 AUGUST 16, 1988 Dean Nordquist, 111 Elm, said Viacom offers 34 channels and Chambers offers only 25. Mr. Nordquist said he called the billing office at Chambers Cable but was either put on hold or kept receiving a busy signal. He said his curiosity was aroused so he walked over to the office and observed the office personnel "wandering around the office and everybody was on hold". Jeff Palmer, 17510 - 76th Ave. W., said he agreed, also, that advanced billing was unnecessary. He reminded the Council of a desire for a full service community public access station. Michael Hall, 604 Glen St. Apt. #2, said a public access station would allow local community events to be advertised. City Clerk Jackie Parrett submitted four letters to Council President Kasper (copies were submit- ted to the Council previously). He said they were from Mary Ashley -Cole, Betty Heath, Allen Clark, and Harold and Arline Jensen. He said the emphasis of the letters was lack of a Canadian station. Mayor Naughten closed the public portion of the hearing. Bob Towe, Chambers Cable Regional Manager, requested the City to continue the franchise with Chambers Cable. Mr'. Towe said he thought the service was outstanding. He said Chambers Cable was proud to be a part of the Edmonds community business. He noted that Chambers has provided financial support to many local organizations. He felt it has become an integral part of the spirit of the City. Mr. Towe said Chambers Cable provided free cable t.v. service to the Edmonds Library and schools for educational purposes. Mr. Towe said thousands of dollars have been expended on system improvements and additional im- provements are planned. He noted that channel 29 is dedicated to free public service messages. In addition, a channel is available.for local advertising in national programming. Mr. Towe said Chambers suspects that it will never satisfy all of the programming desires of all of its subscribers, but it constantly analyzes new services and strives for the technical ability to deliver those services. He said tens of thousands of dollars have been spent in the last few months to assure its subscribers of a consistent, high -quality service. Councilmember Hertrich requested Mr. Towe to respond to the following comments that were made: 1) trespassing, 2) billing procedures, 3) lack of Canadian channels, and 4) public access channel. Mr. Towe said he would not acknowledge that a Chambers representative had trespassed. He said Chambers is guided by a set of technical parameters set forth by the Federal Communications Com- mission (F.C.C.) and part of that mandate is that Chambers Cable not radiate spurious signals, especially in aviation frequencies. He said Mr. Tuura's neighbor was contacted on four separate occasions in an effort to find a radiation leak. Because he would not respond, Chambers was forced to disconnect his service. Mr,. Towe said Chambers bills every two months, for one month's services already rendered and one month's services to be rendered. He said the reason that they bill in advance is because there is no opportunity to reclaim lost monies, if someone decides not to pay their bill. Mr. Towe, noted that advance billing is a common practice among cable companies, as well as the telephone company and for magazine subscriptions. Mr. Towe said public access channels have generally had a poor track record. He said it has been unsuccessful in larger communities. Public access is a service that Chambers will scrutinize very closely to ascertain the economic impacts on the cable system before it implements it. Mr. Towe said the signal that used to be provided to Chambers Cable for the Canadian channel was through Viacom, but they deleted the system and picked up another signal. Mr. Towe said said Chambers elected not to tie into that system because it would not be cost effective. He said if Chambers can offer the Canadian station to its subscribers in a cost effective manner, it will do so immediately. He said that issue is being investigated at the present time. Councilmember Hall inquired if the City was entitled to public access in the last contract. Mr. Towe said the former cable company did mention the opportunity for public expression but inter- preted channel 29 as satisfying that provision. He said there is an opportunity for the City to mandate public access in its upcoming agreement. Kay Deasy, Viacom, Director of Community Relations, said they serve approximately 80 customers along 208th St. S.W. and 210th. EDMONDS CITY COUNCIL MINUTES Page 3 AUGUST 16, 1988 Ms. Deasy said Viacom is dedicated to providing quality home entertainment and to fulfilling its responsibility to the community. She said Viacom is very active with the Boys & Girls Clubs of Snohomish County, as well as a number of other local organizations. Ms. Deasy said Viacom currently offers 32 channels, which include 5 premium services. She said the basic rate is $16.50 per month. Ms. Deasy noted that four channels were added to the system recently, which include CBUT, Arts Entertainment and Cable Network, Cable Value Network, and Nickelodeon. Ms. Deasy said Viacom is extremely dedicated to providing the best customer service possible. She read a letter into the record from one of its subscribers who was very pleased with the ser- vice, as well as all of its representatives. Councilmember Jaech inquired how customer inquiries by telephone were handled after hours, on weekends, and on holidays. Ms. Deasy said personnel are working 24 hours a day, 7 days a week. Councilmember Hertrich inquired if someone could subscribe to Viacom if they reside outside of the area currently being serviced by Viacom. Ms. Deasy replied negatively. She said there are no cable lines outside of that area. Mr. Snyder stated that the Council was under no obligation to make a final decision that evening. Mr. Snyder said he would like to discuss the length of the franchise for renewal and, also, wheth- er or not the City should take advantage of the change in F.C.C. regulations and consider increas- ing its fee from 3% to 5%. Mr. Snyder said there are a number of experts who could assist the Council in assessing the technical aspects of the renewal process. He suggested that the Coun- cil: 1) either through a Council committee or a mixed committee of Council, Staff, and citizens, set up a process of review and negotiation; 2) consider retaining a consultant for that process; 3) establish a procedure to meet with cable representatives to evaluate their proposals; 4) direct the committee to report to the Council on the status of the negotiation and, at that time, the Council make the formal decision whether or not to proceed with the renewal process or proceed with.a termination process. Mr..Snyder noted that a termination process was a complicated, tech- nical process because there .is a great potential for litigation, and the burdens of proof under F.C.C. law were much against denial of renewal. Mayor Naughten closed the public portion of the hearing. Councilmember Nordquist recommended that the City contact other jurisdictions who have undertaken the process that the City was about to embark on so that it could benefit from their experiences. Councilmember Kasper suggested that the Council discuss the formulation of a committee at the August 30 dinner work meeting. Mayor Naughten recognized Jeff Nelsen, Commissioner of Fire District 1, and Pat Meeker of Olympic View Water District, in the audience. Mayor Naughten recognized scholarship recipient Colleen Smith in the audience. HEARING ON APPEAL OF ADB DECISION REGARDING USE OF VINYL SIDING AND LANDSCAPING AT 1008 - 5TH AVE. S. E LAN : J HN KENNEDY P-17- /ADB-68-88) - �- Planning Division Manager Mary Lou Block reported that the Architectural Design Board (ADB) grant- ed final approval for a proposed seven unit apartment building at 1008 - 5th Ave. S. on July 6, 1988. The Board imposed several conditions, including the use of cedar siding instead of vinyl siding and the planting of additional cherry trees along the south side of the building, as well as other landscaping modifications. Ms. Block said the applicant/appellant filed an appeal on July 16, 1988 seeking to overturn the ADB decision. Ms. Block said a copy of the appeal letter, the ADB minutes of July 6, 1988, the proposed build- ing elevations, and a copy of the revised landscape plan were included in the Council packets. Ms. Block said in general, Staff has not made recommendations with respect to ADB decisions on aesthetic matters. Ms. Block submitted a sample of the proposed vinyl siding to the Council (Exhibit 1). EDMONDS CITY COUNCIL MINUTES Page 4 AUGUST 16, 1988 Councilmember Kasper inquired about the height of the cherry trees that were recommended to be added on 5th Avenue by the Board. He expressed concern that they may grow to a considerable height and cause view blockage. Ms. Block said the trees would not grow to a significant height. John Kennedy, 617 Dayton, said he watched the republican convention on television the other night and was reminded that we live in the land of the free. He said he believes that every American citizen has the right to do anything they desire as long as there is not a good reason not to do so. Mr. Kennedy said he felt he had a right to use the vinyl siding that he proposed. He said it required very little maintenance and was more durable than traditional wood siding. He noted that the ADB has allowed its use on at least two occasions. Mr. Kennedy said he did not intend to .appeal the Board's action until he spoke with one of the Board members, who was not present at the meeting when he submitted his proposal, who advised him to file the appeal. Mr. Kennedy said he felt the Board arbitrarily denied his proposal and was unfair, especially with respect to the landscape plan. He said the Board stated that he would receive a written copy of the landscaping recommendations but he has not received them to date. Peter Beck, 71B Spruce, ADB member, said the Council appointed a group of qualified individuals to the Board to make recommendations for proposed developments within the City to insure that the aesthetic quality of Edmonds is preserved and perpetuated. Board member Beck said the Board established the ADB landscaping guidelines to assist developers in designing a landscape plan before submitting their proposal to the Board. He noted that it is the responsibility of an applicant to obtain a copy of the minutes of a Board meeting so that he/she could review the recommendations that were made, and it is not the responsibility of the Board to sent those recommendations to them. Board member Beck said the Board, and he, personally, felt that vinyl siding was not conducive to the Northwest theme in Edmonds and has no place in the City. Councilmember Kasper inquired if the Board has denied the use of vinyl siding in the past. Board member Beck said he has denied every submittal for vinyl siding, but the Board approved Monte Clouston's project on 5th Avenue by a 2 to 1 vote. _ Councilmember Hertrich inquired if the Board used its own discretion and imposed its own philoso- phy when rendering decisions if a City policy was not established for a particular issue. Board member Beck said there are criteria that the Board does develop. Ray Albano, 20916 - 76th W., said he thought the Board was supposed to make recommendations based upon City Code and not on personal prejudice. Mr. Albano inquired if the Code allows the use of vinyl siding. City Attorney Scott Snyder said vinyl siding is not prohibited as a material. He said, however, the ADB ordinance substituted aesthetic considerations for certain commercial developments, which the Board interprets accord- ing to their individual training. He noted that preferences do play a part. Mr. Kennedy said he thought the Board should be reminded that our country was founded on free- dom.. He said it was his opinion that the Board has overstepped the bounds of reason. Councilmember Hall stated that cherry trees have a large root system and can cause damage to sidewalks. She inquired if the cherry trees that were recommended by the Board will be planted adjacent to a sidewalk. Mr. Snyder replied negatively. Mayor Naughten closed public portion of the hearing. Councilmember Wilson said he was as sensitive as Mr. Kennedy about our country and the freedoms which we live by. He said, however, that U.S. citizens enjoy those qualities of freedom through their elected officials and other appointed entities. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO DENY THE APPEAL OF THE ADB DECI- SION. Councilmember Jaech said the ADB has gone to great lengths to develop a code which will enhance Edmonds. She said the Code does make reference to the aesthetic quality of the City and felt that the Board has been cognizant of that philosophy. MOTION CARRIED WITH COUNCILMEMBER DWYER ABSTAINING BECAUSE HE DID NOT HEAR ALL OF THE EVIDENCE. EDMONDS CITY COUNCIL MINUTES Page 5 AUGUST 16, 1988 COUNCIL DELIBERATION FROM HEARING HELD JULY 19 1988 ON HEARING EXAMINER RECOMMENDATION TO VACATE P R I N F UNDEVELOPED RIGHT-OF-WAY F_NORTH ME D WD LE ROAD IN VICINITY OF 16224 NORTH This matter was continued from the July 19, 1988 Council meeting to allow the Council to review the quit claim deed for a portion of the property proposed for vacation. Included in the Council packets was a copy of the quit claim deed, the minutes from the July 19, 1988 City Council meeting, a vicinity map, and a site plan. Councilmember Nordquist said the City Attorney advised him not to participate in the vote because he was not present at the July 19 meeting. City Attorney Scott Snyder said a question was raised at the previous hearing regarding the use of a portion of the property proposed for vacation. He noted that Exhibit #I, a quite claim deed which transferred title to the City, is a right-of-way deed. Mr. Snyder said the property is limited to street or attendant street purposes, i.e., vehicular traffic and parking, walking, biking. Councilmember Kasper inquired what transaction took place which separated Tract.70 from the.prop- erty in question. Mr. Snyder said he had no historical data other than the deed. He said, howev- er, that the Council could continue the hearing to gather additional information. Councilmember Kasper inquired if the City could sell the portion of the property proposed for vacation. Mr. Snyder said it could be sold or vacated and the City could retain certain limited uses. Mr. Snyder clarified that lot area excludes street easements but included .a walkway and other types of easements. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO REOPEN THE PUBLIC PORTION OF THE HEARING. Councilmember Jaech said because only Council discussion was continued on July 19 and not the public hearing, interested parties would not have an opportunity to voice their opinions. She noted that the Council received a letter from Lovell-Sauerland & Associates subsequent to July 19. She said that letter should be made available to all interested parties. Councilmember Dwyer inquired if the proceedings should be continued to a future date so that the hearing could be advertised.. Mr. Snyder recommended that the Council make a motion indicating the nature of the testimony it was seeking, set a hearing to a date certain, and inform all the parties on the Planning Board mailing list. COUNCILMEMBER KASPER WITHDREW THE MOTION. THE SECONDER AGREED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THE HEARING TO SEPTEMBER 6, 1988 TO OBTAIN TESTIMONY REGARDING THE LETTER FROM LOVELL-SAUERLAND & ASSOCIATES; HOW THE SITUATION WAS HANDLED IN MEADOWDALE HEIGHTS AND THE DEED THAT WAS ORIGINALLY SUBMITTED; AND EN- COURAGE THE PARTIES TO MEET IN AN ATTEMPT TO PROVIDE A BUFFER ALONG THE PATHWAY. MOTION CARRIED. REVIEW OF ESPERANCE ANNEXATION DATA AND RECOMMENDED ADOPTION OF PROPOSED RESOLUTION 678 TO ANNEX Community Services Director Peter Hahn reported that the City Council discussed annexation issues at its May retreat and directed Staff to determine the level of voter interest in the unincorporated area and provide a more refined and definitive analysis of fiscal impacts. Mr. Hahn said the City Council was given a presentation of the telephone survey results last month, which indicated that 60% of those surveyed were interested in annexation to Edmonds if they had sufficient information. He noted that a compilation of costs and revenues was included in the Council packet. Mr. Hahn said the City Attorney prepared a Resolution of Intent to Annex, which was very similar to the resolution that was passed by the City Council for the last annexation vote. The resolu- tion, a legal description of the area, and the environmental check list will be forwarded to the County Council and the Boundary Review Board (BRB). The BRB will hold public hearings before it is placed on an election ballot. Mr. Hahn said November 8, 1988 is not a viable date, given the BRB's schedule and the requirements for notification. He said any of the 1989 elections would be available, although the general election would be less expensive and have a higher turnout. EDMONDS CITY COUNCIL MINUTES Page 6 AUGUST 16, 1988 .0 Mr. Hahn said it is Staff's recommendation to approve the resolution. City Attorney Scott Snyder said the proposed resolution does not speak to the Council's policy with respect to annexation, as did the other resolution that was passed by the Council, because he felt it would be presumptuous to include that until the Council discussed that issue. He said it also did not contain a provision for bonded indebtedness. He said such a provision would have the effect of establishing a 60% majority vote requirement. Mr. Hahn pointed out that a provision has been included that the City share in the cost to com- plete the Chase Lake water control project. Councilmember Hertrich said he felt that a public hearing should be held to allow the citizens of Edmonds, and not just residents of Esperance, to voice their opinion about the annexation. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT PROPOSED RESOLUTION 678 DECLARING INTENT TO ANNEX THE AREA OF SNOHOMISH COUNTY LYING SOUTH OF THE PRESENT EDMONDS CITY LIMITS. Councilmember Kasper said he was in favor of annexation because he had not heard any adverse comments by citizens during the last vote or during the process before the Council at the present time. Councilmember Hertrich said he would vote in favor of the resolution only after a public hearing was held. Councilmember Hall and Councilmember Dwyer also agreed that a public hearing should be held. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, 000N- CILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER AND COUNCILMEMBER HERTRICH OPPOSED. Mr. Snyder noted that the City Clerk should be instructed as to which date the Council wanted to hold the election so it could be inserted in the resolution. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REQUEST THAT THE ELECTION BE HELD ON NOVEMBER 7, 1989. MOTION CARRIED. The meeting recessed at 9:20 p.m. and reconvened at 9:30 p.m. RECOMMENDATION TO APPROVE PHASE I OF DOWNTOWN UNDERGROUNDING AND DECORATIVE LIGHTING PLAN Community Services Director Peter Hahn reported that the Council was presented with a plan at the July Council committee meeting for underground wires from Main and Fifth to Main and Third and to install decorative street lights. He said Staff recommended that Phase I of the work include underground wires and four lights at Fifth and Main. He said proposals will be made for westward extension in the 1989 budget. Local businesses will be asked to make contributions toward the purchase of the lights. The underground cut and cover work can be done by the Public Works Divi- sion. Mr°.._Hahn said it is Staff's recommendation to approve the recommended street light and Phase I of the project. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE RECOMMENDED STREET LIGHT AND PHASE I OF THE PROJECT. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO INCORPORATE INTO THE MOTION TO MAKE EVERY EFFORT TO ENCOURAGE GTE AND PUD TO TIE INTO THE CONDUIT. He stressed that the project was a City project and was not contingent upon monies being contributed by local businesses. MOTION CARRIED. DISCUSSION AND RECOMMENDED APPROVAL OF QUALITY ASSURANCE PLAN FOR CONSTRUCTION OF WASTEWATER TREATMENT PLANT AND NOTICE TO PROCEED FOR CONSTRUCTION AND STARTUP ENGINEERING SERVICES, PHASE III, B -HDR 1 City Engineer Bob Alberts reported that Staff presented a preliminary organization chart for administering the construction of the wastewater treatment plan and requested authorization to hire a project manager at the May 10, 1988 Council meeting. Staff also presented possible op- tions for administering change orders and the roles of the consultant, City Staff, Mayor, and Council. Mr. Alberts said a detailed Quality Assurance Program has been drafted which outlines administra- tion of the project. He said the proposed plan provides flexibility for Staff to address on -the - spot decisions and controls for the Mayor and Council. In summary, additional work by the con- tractor and change orders for the work are proposed as follows: 1) all changes in contract price EDMONDS CITY COUNCIL MINUTES Page 7 AUGUST 16, 1988 will require a change order; 2) all change orders less than $100,000 shall be reviewed by DOE after execution of each change order; 3) all change orders of $100,000 or more must have prior approval by DOE; 4) all change orders $50,000 or more shall be presented to the Council prior to execution; 5) a budget of $350,000 shall be established for change orders. Readjustment of the budget is subject to Council approval; 6) changes in contract price due to change orders will be identified in CWC-HDR's monthly report to the Council; 7) the Mayor can approve change orders to $50,000 without Council approval; 8) the City Engineer may order up to $10,000 prior to the May- or's approval for change orders; 9) the Project Manager may, approve additional work up to $2,000 ` prior to City Engineer's approval. Mr. Alberts said the implementation of the Quality Assurance Plan is part of the CWC-HDR agree- ment, Phase III, Engineering Services During Construction and Startup. With bids received on August 16, 1988, the work under Phase II of CWC-HDR's agreement is nearly complete and Phase III needs to be implemented. The maximum amount for Phase III is $1,867,412. The anticipated expen- diture for 1988 is $278,000. Mr. Alberts said all bids were received under $30 million, noting that the budgeted amount was $35,400 million. Councilmember Dwyer inquired why a 5% contingency was factored into the cost estimate rather than the 10% contingency of the original cost estimate. Mr. Alberts said the EPA grant was based on the 5% contingency. Councilmember Kasper was interested in knowing how the present plant will be phased out as the new.plant is constructed. Councilmember Hertrich inquired if the Council will be apprised of any change orders. Mr. Al- berts said change orders over $50,000 will be presented to the Council, but any change order under $50,000 will be reported. by CWC-HDR in .their monthly reports. Councilmember Hertrich in- quired if the Council could be informed on a more frequent basis. Mr. Alberts replied affirma- tively. Mr. Alberts introduced Ray Johnson, the City's Project Manager for the treatment plant, who was in the audience. COUNCILMEMBER KASPER MOVED, SECONDED.BY COUNCILMEMBER JAECH, TO APPROVE THE QUALITY ASSURANCE PLAN AND AUTHORIZE A NOTICE TO PROCEED TO CWC-HDR, INC. FOR PHASE III. MOTION CARRIED. MAYOR Mayor Naughten said the City's presentation team made a strong presentation to Moody's Investor Service last week. Mayor Naughten said Lynnwood requested that the interagency softball game between Edmonds and Lynnwood be rescheduled from August 26 to September 9, 1988 because they do not have an adequate team yet. Mayor Naughten said Janet Padgett will review the seventeen positions requested by the Council first and will then review the other six positions. Mayor Naughten announced that the City celebrated its 98th birthday on August 11. He wished the City a happy birthday. Council discussion ensued in response to a petition requesting expansion of the proposed bounda- ries for skateboarding which the Council recently established for an upcoming ordinance. Mayor Naughten suggested that the Council review the proposed ordinance to ascertain what boundaries it had set forth. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER HALL MOVED TO REOPEN THE MEETING. MOTION FAILED FOR LACK OF A SECOND. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADJOURN THE MEETING. MOTION CARRIED. THESE MINUTES ARE SUBJECT TO AUGUST 23, 1988 APPROVAL. JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 8 AUGUST 16, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. AUGUST 16, 1988 6:40 P.M. - INTERVIEW PLANNING BOARD CANDIDATE CALL TO ORDER CI Af' CAI 11TC 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 9, 1988 (C) AUTHORIZATION FOR MAYOR TO SIGN COASTAL ZONE MANAGEMENT CONTRACT #G0089036 WITH DEPARTMENT OF ECOLOGY ($9,332 LOCAL MATCHING SHARE) 2. PRESENTATION OF ARTS SCHOLARSHIPS TO COLEEN SMITH AND RAMONE WENTWORTH 3. AUDIENCE 4, SECOND HEARING REGARDING RENEWAL OF CABLE TELEVISION FRANCHISE 5. HEARING ON APPEAL OF ADB DECISION REGARDING USE OF VINYL SIDING_ AND LANDSCAPING AT 1008 5TH AVE. S. (APPELLANT: JOHN KENNEDY) (AP-17-88/ADB-68-88) 6. COUNCIL DELIBERATION FROM HEARING HELD JULY 19, 1988 ON HEARING EXAMINER RECOMMENDATION TO VACATE A PORTION OF UNDEVELOPED RIGHT-OF-WAY OF NORTH MEADOWDALE RD. IN VICINITY OF 16224 N. MEADOWDALE RD. (ST-3-88/METCO CONSTRUCTION) 7. REVIEW ESPERANCE ANNEXATION DATA AND RECOMMENDED ADOPTION OF PROPOSED RESOLUTION OF INTENT 267 TO ANNEX 8. RECOMMENDATION TO APPROVE PHASE I OF DOWNTOWN UNDERGROUNDING AND DECORATIVE LIGHTING PLAN 9. DISCUSSION AND RECOMMENDED APPROVAL OF QUALITY ASSURANCE PLAN FOR CONSTRUCTION OF WASTEWATER TREATMENT PLANT AND NOTICE TO PROCEED FOR CONSTRUCTION AND STARTUP ENGINEERING SERVICES, PHASE III, BY CWC-HDR ($1,867,412) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND ( 5 MINUTES) (45 MINUTES) (30 MINUTES) (20 MINUTES) (60 MINUTES) (10 MINUTES) (15 MINUTES) PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE