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10/04/1988 City CouncilTHESE MINUTES SUBJECT TO OCTOBER 18, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES OCTOBER 4, 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 Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech; Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember Karen Abrams, Student Rep. ABSENT STAFF Bill Kasper, Jim Barnes, Parks & Rec. Div. Mgr. Councilmember Duane Bowman, Asst. City Planner Peter Hahn, Comm. Svc. Director Bob Alberts, City Engineer Jack Weinz, Fire Chief Bobby Mills, Public Works Supt. Art Housler, Admin. Svc. Director Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived later in the evening and did not vote on any item preceding Item #5 (Hearing on Appeal of ADB Decision (ADB-15-88). rnm4zrNT AnrNnA Items (E), (F), (H), and (I) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The.approved items on the Consent Agenda include the following: (A) ROLL -CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 19, 1988 AND SEPTEMBER 27, 1988 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JEFFREY C. THUL ($810.50) (D) APPROVAL OF FINANCIAL POLICIES..(FROM SEPTEMBER 13 MEETING) (G) APPROVAL OF MONTHLY RATE INCREASE TO $20 FOR FERRY COMMUTERS' PARKING LOT (J) AUTHORIZATION TO CALL FOR BIDS (RE -BID) FOR RENOVATION OF EDMONDS BOYS/GIRLS CLUB APPROVAL OF PURCHASE OF FACSIMILE MACHINE ($3,500) [ITEM (E) ON THE CONSENT AGENDA) Mayor Naughten noted that although the Council packets reflected a request for two facsimile machines, the actual request was only for one machine at a cost of $3,500, as shown on the agen- da, to be funded from Fund 412, and not from,the Council Contingency Fund. He said the machine will be located in the Administrative Services building but will be used primarily for the secon- dary treatment plant project. Councilmember Wilson said the Council had previously discussed purchasing a facsimile machine for the Administrative Services Department and not primarily for the treatment plant project. Mayor Naughten said Staff had suggested that two machines be purchased, one to be funded from Fund 412 and one from the Community Services budget. He said, however, there are no funds available in the Community Services budget at this time for a facsimile machine and that is why only one ma- chine is requested. Councilmember Wilson pointed out that the original intent of purchasing a facsimile machine was for use by the City offices as a whole, and not just for the treatment plant project. Councilmember Nordquist inquired to whom the monthly charges would be billed for the telephone services and long distance calls. Mayor Naughten replied the City. Councilmember Nordquist in- quired if long distance charges would be billed to the department that made the calls. Mr. Hahn replied affirmatively. Councilmember Hertrich said Staff has not indicated why the facsimile machine was needed for the treatment plant project. He noted that there are different, less expensive machines on the mar- ket that may very well serve the needs of the City. He recommended that the Council further discuss the matter in the near future. Councilmember Jaech recommended that only one machine be purchased at the present time and that it be centrally located. She said Staff can keep track of the usage to ascertain if a second machine is needed. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE THE PURCHASE OF ONE FACSIMILE MACHINE IN THE AMOUNT OF #3,500 TO BE FUNDED FROM FUND 412. MOTION CARRIED WITH COUN- CILMEMBER HERTRICH OPPOSED. AUTHORIZATION TO CALL FOR BIDS FOR,.FENCING OF PUBLIC WORKS STORAGE FACILITY AT 7105 - 212TH _ST, S.W.f ECNSNT ND Councilmember Hertrich said he spoke with Public Works Superintendent Bobby Mills about the fence and requested further information. Mr. Mills said the existing storage facility must be relocated to 212th Street. To prevent peo- ple from entering the site, possible injury and damage to the equipment, Mr. Mills said a fence is required. He said the fence can either be permanent or temporary and a gate will be installed on the 210th and 212th Street entrances. Councilmember Hertrich inquired if the use of a temporary fence will change the requirement for bidding. Mr. Mills replied affirmatively. He said he has received three proposals which vary in cost and materials. He said if the Council authorizes the bid, he and the City Engineer will write specifications that are very clear and then go out for bid again. Mr. Mills pointed out that the bids that he received ranged from $12,500 to $14,000 plus. COUNCILMEMBER HERTRICH MOVED; SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (F). MOTION 'CAR RIED. APPROVAL OF EXPENDITURE OF $11,000 FOR MISCELLANEOUS BUILDING 'IMPROVEMENT5 [ITEM (H) ON THE CONSENT AGENDA] Councilmember Wilson said he did not recall if the Council h.ad•approved Item (H) at the committee. meeting. Mayor Naughten said the Council approved it at that meeting. Public Works Superinten- dent Bobby Mills added that the Council's only question had been whether the work would be com- menced immediately or be delayed until next year. He said he intended to commence the work imme- diately.. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HERTRICH,. TO APPROVE ITEM (H). MOTION CARRIED. AUTHORIZATION FOR MAYOR TO _EXECUTE DOCUMENTS CONVEYING PARCEL OF LAND NEAR LYNNWOOD TREATMENT G„1,,.v Councilmember Hall said she was not aware that the City would be. exchanging as large of a parcel of waterfront property as indicated in the Council packet. Community Services Director Peter Hahn said the parcel in question was specifically discussed at a Council meeting. He said he had identified it on a vicinity map, noting that it is not on the waterfront and that the Council had stated the minimum price they would accept for that parcel. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (I).. MOTION CARRIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Pat Ford, 7114 - 164th St. S:W., requested the Council again to consider subsidizing the cost to ' .underground utility poles in his neighborhood. He said a number of the residents are willing to ��pay half of that cost. Mr. Ford said he researched the possibility of funding through an L.I.O., but he said that source of funding would be cumbersome, more expensive, and impractical. Mr. Ford said he .believed the revenues derived from an increased assessment to the homes that would benefit from undergrounding would reimburse the City within ten years. Mr. Ford requested the Community Services Committee to review the feasibility of that concept. Mayor Naughten said to subsidize an undergrounding project would require a radical change in City policy. He said the City does not. participate in those costs at present simply because there are no monies available. Councilmember Wilson noted that the Council has discussed the issue of undergrounding many times in the recent past and that it is an ongoing. concern of theirs. He believed that Mr. Ford's concept had merit and should be pursued. EDMONDS CITY COUNCIL MINUTES Page 2 OCTOBER 4, 1988 Mayor Naughten said the issue would be discussed at a committee meeting. Mayor Naughten closed the audience portion of the meeting. REVIEW OF PROPOSED MODIFICATION TO PERSONNEL CONSULTANT CONTRACT (JANET PADGETT ASSOCIATES) p� Councilmember Jaech noted that she submitted a proposal to the Council from Janet Padgett with ]] six elements contained in it. She said Attorney John Wallace advised her that the bidding pro- cess must be conducted again if the Council wished to proceed with the proposal. Councilmember Hall requested that .the Council recess to an executive session to discuss the con- tract. City Attorney Scott Snyder said the discussion would fall under an exemption of the Open Public Meetings Act if the Council made a determination to go out for public bid. However, if the Council intended to renegotiate the contract and include an amendment, then the discussion should take place at a public' forum. Councilmember Hall said she wished to discuss the public bid process. COUNCILMEMBER HALL MOVED, SECONDED -BY COUNCILMEMBER WILSON, TO RECESS TO AN EXECUTIVE SESSION FOR. NO LONGER THAN FIVE MINUTES TO DISCUSS A CONTRACT MATTER. MOTION CARRIED. The Council recessed to an executive session at 7:35_p.m. and reconvened at 7:46 p.m. Councilmember Jaech said the Council would like to proceed with Task II of the proposal to devel- op a job description for the Personnel Manager and place the remainder of the items on hold. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO REQUEST THE CITY ATTORNEY TO DRAFT AN AMENDMENT TO THE ORIGINAL CONTRACT TO INCORPORATE TASK II AT A PRICE OF $500 AND AUTHORIZE THE MAYOR AND.CITY CLERK TO EXECUTE THE AMENDMENT. MOTION CARRIED. ucnotuc'rUJ DIAWNTNr. RnARn RFrnMMFNnATTON REGARDING AMENDMENT TO COMPREHENSIVE PLAN MAP FROM i MXATED 00TH AVE W. (FILE CDC-3-88/K-4-66) (AFFULANizo: ntFIKT „nu UVI" _ Lnnvrwi Assistant City Planner Duane Bowman reported that on August 4; 1988, the Planning Board held a public hearing on the applications submitted by Henry and Joyce Landau to amend the Comprehensive Plan Map and to rezone the property at 23115 - 100th Ave. W., Edmonds. The specific requests are to amend the Comprehensive Plan Map to designate the :subject property Commercial/Business rather than Low Density Residential and to rezone the property from RS-8 to Contract BN (Neighborhood Business). The Planning Board recommended approval of.both requests. Mr. Boorman noted that copies of the Planning Board recommendations, the minutes of their August 24, 1988 meeting, a vicinity map, a plot plan of the subject property, and the proposed contract were included in the Council packets. Mr. Bowman said it is the recommendation of Staff to adopt the Planning Board's findings and recommendation and direct the City Attorney to prepare the necessary ordinance. Mr. Bowman reviewed a vicinity map. He said professional office buildings are located on lots 1 and 2 of the Bergquist Addition and.a residence is located on lot 3. He said Mr. Landau intends to modify the existing structures to incorporate them if the application is,approved.. Councilmember Hertrich inquired about parking provisions. Mr. Bowman said parking requirements will be imposed at the time of development by the Architectural Design Board (ADB). Councilmem- ber Hertrich inquired if Mr. Landau will delete a curb cut if an entrance is omitted. Mr. Bowman said the City will impose that requirement when the proposal to modify the existing structures is submitted. Henry Landau, 23829 - 115th Pl. W., said the majority of the adjacent property owners were in support of the modification to the covenant that governs all properties in the Bergquist Addition. Mr. Landau said the existing office buildings are occupied by his engineering firm. He reviewed the modifications that he intends to make to the structures to incorporate them. He said the parking lot will be located behind the building, and access will be through the existing entranc- es to the buildings. Mr. Landau said the fifteen foot rear setback will be adhered to, and land- scaping will be provided around the perimeter of the parking lot. Mr. Landau requested the City Engineer to review the issue of deleting the curb cut on lot 3 he before imposing that requirement. He preferred that the curb cut remain because said people the coming out of the shopping center are not allowed to make a left turn on 100th so they use driveway on lot 3 to make a "U" turn. EDMONDS CITY COUNCIL MINUTES Page 3 OCTOBER 4, 1988 City Attorney Scott Snyder reminded the Council that the issue of curb cuts was part of the ADB plan approval and was not contained anywhere in the contract. Mayor Naughten opened the public portion.of the hearing. No public input was offered. Councilmember Nordquist expressed concern that the provisions of the agreement or zoning may be changed subsequent to the two-year term as stated in Item #5 of the agreement. Mr. Snyder noted that a rezone does not have a two-year period but another rezone could not be proposed for two years. Councilmember. Hertrich inquired if a two-year period was standard in contract rezone agreements. Mr. Snyder said there may be longer or shorter terms. He pointed out that the Council's obliga- tion was to either approve or disapprove the contract rezone, noting that they did not have the power or luxury to renegotiate the term. Councilmember Hertrich felt the Council should have input as to the term of the contract. Councilmember Hertrich inquired if Mr. Landau was amenable to a longer contract term. Mr. Landau said he did not foresee any change in use of the subject property. He.said, however, he would prefer that additional restrictions not be imposed unless there was a definite reason. . Mayor Naughten closed the public portion of the hearing. Councilmember Jaech said she did not like to see erosion of single-family zoning. She suggested that a five year term be considered to make everyone feel more at ease. COUNCILMEMBER HALL MOVED, .SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE PLANNING BOARD'S FINDINGS AND RECOMMENDATION AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE: Councilmember Nordquist pointed out that the properties on which Albertson's and Olson's are located in Westgate are zoned BN. He said the property in question had a potential to be rezoned 'to a higher use in the future, noting that an imbalance of uses and zoning would occur. Councilmember Hertrich said he was prepared to vote in favor of the contract rezone if the appli- cant was amenable to a longer term. Mr. Snyder noted that after two years, the Council could, at its discretion, downzone the property to.RS-8 upon the application of a neighbor or based upon an. action of the Planning Board to do a comprehensive rezone of the area. He said the Council could deny the contract rezone and cite a two-year limitation to be inadequate, based. on 'criteria in . the zoning code. Councilmember Hall said Westgate was in a transitional stage, and she felt the proposed contract rezone was an ideal way to deal with combining business and residential areas. Councilmember Wilson said he. would vote in favor of the proposed contract rezone but would be against a rezone application to BC in the future. MOTION CARRIED WITH COUNCILMEMBER DWYER ABSTAINING (because he was not present for all of the testimony). HEARING ON APPEAL OF ADB DECISION REGARDING DENIAL OF REMOVAL OF A TREE IN THE PUBLIC RIGHT -OF - WALNUT ST. N CONJUNCTION H DEVELOPMENT F 1 UNIT APARTMENT U.LDING PPEL- LANT: M NTE CLOUSTON ADB-15-88/AP-25-88 Councilmember Jaech said she lived across from the project and felt she should not participate in the decision -making process. She stepped down from the dais. Assistant City Planner Duane Bowman submitted photographs of the tree in question to the Council. Mr. Bowman reported that on September 7, 1988, the Architectural Design Board (ADB) denied the request of Monte Clouston to remove the large Madrona tree located in the right-of-way in front of his property at 555 Walnut Street. A 15 unit apartment is currently under construction on the site. Mr. Bowman noted that copies of the appeal letter, the minutes from the September 7, 1988 ADB meeting, and a site plan were included in the Council packets. Mr. Bowman said the tree is healthy and poses no hazard to the public. Alternatives, such as the use of pavers, are available to address the problem of damage to the sidewalk from the root sys- tem of the tree. Mr. Bowman said Staff recommends that the ADB decision be upheld and that spe- cial care be required during construction to assure that the tree is not damaged. He said spe- cial care is to be defined and administered by the City's Grounds Maintenance Division and Plan- ning Division. EDMONDS CITY COUNCIL MINUTES Page 4 OCTOBER 4, 1988 Mr. Bowman reviewed a site plan and indicated the location of the Madrona tree. Councilmember Hertrich inquired if the applicant was permitted to prune the tree. Mr. Bowman replied affirmatively. He noted, however, that the ADB required that any pruning be subject to review and approval by the City. Councilmember Hall inquired if the tree was located entirely in the City's right-of-way. Mr. Bowman replied negatively. Monte Clouston, 22415 Woodway Park, said the trunk of the tree is located on approximately six inches of his property, and two major branches encroach on the building. Mr. Clouston said the ADB was established to protect property values and -to create a better liv- ing environment in the City. He said his rights have been indiscriminately abused each time he has submitted an application to that Board. Mr. Clouston said he requested at the ADB meeting that a hold harmless agreement be given to -him .if the Board would not allow removal of the tree. He said because there are two cracks in the sidewalk, .he would like to protect himself against any possible lawsuit if someone was to injure himself/herself as a result of damage to the sidewalk caused from the root system of the tree. Mr. Clouston questioned the ownership of the tree. He said it lies partially in the City right-of-way and partially on his property; no one knows who planted that tree.. He said the branches are five feet from the building, and two of the units of the apartment look directly out onto the branches. He said it will be difficult to rent those units because the leaves complete- .ly shade them. He requested.the tree to be removed. Mayor Naughten opened the public portion of the hearing. Bob Anderson, 18310 Sunset Way, said he looked at the tree that afternoon. He said he thinks of trees as an asset. Mr. Anderson said the quality of life in a community must be decided in a judicious manner, and he hoped that the aesthetic quality was included as part of that considera- tion. Jo -Anne Jaech; 546 Walnut, said City Council Resolution 418 states that a tree may be removed if: 1) it poses a safety or sight hazard, 2) if. the roots cause utility blockage, 3) if there is damage to the road or sidewalk, 4) if it is diseased. Ms. Jaech said none of those criteria apply to the tree in question. In addition, she said she hired Steve Nordeen, Certified Washing- ton State Nurseryman, to analyze.the tree. She said he stated that the tree was healthy and strongly recommended that it be preserved. Ms. Jaech read a letter into the record from Paul Oker (previously read into the ADB record) which requested the Council to deny the request to remove the Madrona tree. Mr. Oker said the tree was a rare Northwest native that he and his family have enjoyed on uncountable walks over the last fifteen years. Ms. Jaech noted that a letter recently appeared in the newspaper written by Paul and Marion Roy reminding citizens that trees enhance air quality, soil and water retention; and encourage bird life. Ms. Jaech said the tree breaks up the monotony of the fascia of the apartment complex. She said any new trees that are planted in place of the existing tree would not gain the same breadth and height of the existing tree within the lifetime of the adjacent residents. Ms. Jaech urged the Council to deny the request to remove the tree. Jeff Palmer 17510 . 76th Ave. W., said the tree is located in the public right-of-way and should be considered as a public entity. He suggested that the Council consider the best interest of the public at large when making its decision and not just that of the adjoining property owners. Mr. Clouston said an ADB member had stated that the Madrona tree did not fit in with the landscap- ing plan ... that it stood out as a "lone soldier". Mr. Clouston said he had proposed to replace the tree with several cherry trees, which would be consistent with the landscaping plan. Mr. Clouston said it was his understanding that he had the right to trim the tree up to his prop- erty line which he intended. to do. Mr. Snyder noted that pruning may be done to the tree but it must be done selectively and was subject to ADB review and approval. Councilmember Hertrich said he hoped Mr. Clouston would not cut into the trunk of the tree when he pruned it. Mr. Clouston said he only intended to prune a major branch that encroached on the building. EDMONDS CITY COUNCIL MINUTES Page 5 OCTOBER 4, 1988 Mayor Naughten closed the public portion of the hearing. Councilmember Hall said she believed careful and selective pruning of the tree. would enhance the area. Councilmember Wilson said he felt that the Madrona tree enhanced the .property and that Mr. Clouston would come to "truly love that tree". He said, however, if the tree is pruned that it should be pruned carefully and selectively. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO UPHOLD THE ARCHITECTURAL DE- SIGN BOARD DECISION AND THAT SPECIAL CARE BE REQUIRED DURING CONSTRUCTION TO ASSURE THAT THE TREE IS NOT DAMAGED; SPECIAL CARE TO BE DEFINED AND ADMINISTERED BY THE CITY'S GROUNDS MAINTENANCE DIVISION AND PLANNING DIVISION. MOTION CARRIED. Mr. Clouston said he was at legal risk because of the requirement by the City .to retain the tree. He requested that a hold harmless agreement be given to him. He said he would cut the tree down if the City would not protect him from being a party to a potential lawsuit. Mr. Sny- der stated that the City has been sued several times within the last eight years with respect to sidewalks, and no private owner has been sued in connection with those lawsuits. He suggested that he and Mr. Clouston further discuss the issue following the hearing if Mr. Clouston had any other concerns. REQUEST FOR AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH GTE FOR "DESTINATION WASHINGTON" DVERTISEMENT ,,ram Parks & Recreation Division Manager Jim Barnes reported that the City of Edmonds Tourism. Commit- tee is requesting the Council's.approval of a contract with GTE for the "1989 Destination Washing- ton" travel guide. The Tourism.Committee will act as a coordinator for the project. Mr. Barnes said the Committee acted as coordinating agency in 1988 for this project and funded a "seed" amount to launch the concept. He said it proved to be successful in significantly increas- ing exposure to Edmonds. The guide is targeted to the traveling public who have expressed a desire to visit the State of Washington. Mr. Barnes said 350,000 copies of the magazine will be produced, of which 250,000 are distributed to those expressing interest Mr. Barnes said the advertisement is proposed to be a two -page layout. However, the final size of the ad will depend upon how much space is supported by the business community. The minimum ad size will be a one -quarter page banner. The Committee is proposing to commit a maximum of $3,000 towards the project. He said the remaining costs will be funded by the businesses purchasing space within the two pages. Mr. Barnes said although the City would have to sign the contract for. total space used, it would not make a financial commitment beyond the amount prepaid by the businesses and the $3,000 Committee support. Mr. Barnes said the project and billing will occur in 1989. However, the contract must be signed immediately: He said the Committee is asking for Council approval to enter into the contract, which will be funded from the Committee's portion of the Hotel/Motel Tax. Mr. Barnes said Staff recommends that the Council authorize the Mayor to sign a 1989 contract with GTE for "Destination Washington" with the following stipulations: 1) the net expense to the City of Edmonds will not exceed $3,000, and 2) any expenses beyond the $3,000 limit will be pre- paid by the various advertisers. Mr. Barnes submitted a proposed advertisement layout to the Council. He said the banner portion at the top of the page will. be funded by the Hotel/Motel Tax and the remainder will be reserved for Edmonds merchants. Councilmember Jaech inquired if the City could be perceived as supporting private enterprise it if entered into the contract as proposed. City Attorney Scott Snyder said the City would not be undertaking the cost of any particular business portion of the ad and would, therefore, be in a very defensible position. He assumed that the ads were available on a nondiscriminatory basis to any business entity within the City. Mr. Barnes did not know that that assumption was correct. Mr. Barnes said GTE will solicit the ads themselves. Mr. Snyder suggested that advertisement not be targeted to any specific area or business. Councilmember Jaech recommended that the City contract only for a portion of the advertisement and not sign a contract for the total cost of the two -page layout in order to avoid any perception that the City was subsidizing the cost. Mr. Barnes noted that GTE will not coordinate the two -page layout unless the City is the signatory on the contract. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE THE MAYOR TO SIGN A 1989 CONTRACT WITH GTE FOR "DESTINATION WASHINGTON" WITH THE FOLLOWING STIPULATIONS: 1) THE NET EXPENSE TO THE CITY OF EDMONDS WILL NOT EXCEED $3,000; 2) ANY EXPENSES BEYOND THE $3,000 LIMIT WILL BE PREPAID BY THE VARIOUS ADVERTISERS. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 6 OCTOBER 4, 1988 REQUEST FOR APPROVAL OF AMENDMENT TO LEE JOHNSON CONTRACT FOR DESIGN SERVICES IN CONNECTION WITH r 6 S LANDING PR JECT C Parks & Recreation Division Manager Jim Barnes. reported that in late 1984, Lee Johnson Consul- tants, Inc. was selected to do design work for the Brackett's Landing project on the basis of the w" U original proposal, which involved reconstruction of the existing jetty. The estimated cost of that project was $191,000 with an approved design contract for $19,500. Mr. Barnes said four years have passed and the project has evolved significantly. The design costs of expansion and phasing were presented to the Council each time approval was given for conceptual changes in the scope. He said no contract amendments were sought then because the original agreement amount had not been exceeded. The exact content of the project was not final- ized until the Corps of Engineers issued a permit on August.8, 1988. Mr. Barnes said because a Corps of Engineers permit has been issued for the .project with an esti- mated cost of $440,239, the contract needs to be.amended to reflect the design cost changes. Mr. Barnes said in order to complete Phase I and proceed with subsequent work, the contract needs. to be extended from $19,500 to $37,000. He recommended approval of the contract. Councilmember Jaech inquired if the City must rebid the project because of the amendment to the existing contract. City Attorney Scott Snyder .replied negatively. He said the amendment will be a continuation of the basic nature of the project. Councilmember Hertrich inquired if the cost .increase was due to relocation of the jetty. Mr. Barnes replied affirmatively. Councilmember Hertrich said he was under the impression that beach widening (part of Phase III) was not approved by the Corps of Engineers and other agencies with environmental jurisdiction. Mr. Barnes said because those agencies questioned Phase III, the City is proceeding with the assumption that Phase III is not necessary at this.time, and it will not be undertaken if the grant monies are not received. Counci1member .Hertrich inquired if the costs were broken down for each phase. Mr. Barnes replied affirmatively. He said approximately 60% was allocated for Phase I, 30% for Phase II,, and 10% for.Aase III. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE AN AMENDMENT TO THE ORIGINAL LEE JOHNSON CONSULTANTS, INC. CONTRACT FOR .DESIGN SERVICES IN CONNECTION WITH THE BRACKETT'S LANDING PROJECT FROM $19,500 TO $37,000. MOTION CARRIED. MAYOR Mayor Naughten said the gate issue at the Port.of Edmonds was remanded to the Department of Ecolo- gy and Attorney General. A determination will be made. in March of-1989, and until that time the gate will remain open. Mayor Naughten commented that the Burlington Northern Factory Direct is open now in the Doces building. COUNCIL Councilmember Hertrich said the Technical Committee of the Puget Sound Council of Governments has 5 G�� discussed a generic design for the Washington State Ferry terminals. He said a vote will be P taken on Friday, but he intended to vote in opposition of that kind of design because he felt the design for ferry terminals should take into consideration the varying qualities of each city. Councilmember Hertrich referred to a letter from Paul Joslin regarding the activities of the construction companies in Meadowdale. He inquired if Metco Construction Company was "tearing up the hillside". Community Services Director Peter Hahn said a developer has graded in excess of ' 500 cubic yards, for which a conditional use permit is required but was not been obtained. He 1 d;— `� said a stop -work order was issued. He noted, however, that Metco is not the developer who is doing the clearing without permits. Mr. Hahn said the Community Services Committee has scheduled on its agenda next week what penalties can be imposed when a developer does not adhere to the Code. Councilmember Wilson referred to a memorandum dated September 30 regarding a Public Works trust application for roads resurfacing for a grant 'in the amount of $1.5 million to resurface roads. He inquired if the City had decided to resurface City streets and how those projects would be funded. Mr. Hahn said a 1986 survey revealed that road resurfacing was a high priority. He said the projects will be budgeted from sources available in the General Fund. Mayor Naughten pointed out that the City has applied for the grant but the funds have not been accepted. He said the issue of road resurfacing will be analyzed and discussed with the Council. Mr. Hahn noted that the grant agreement will not be submitted until March of 1989. EDMONDS CITY COUNCIL MINUTES Page 7 OCTOBER 4, 1988 Councilmember Hall read a petition into the record dated September 21, 1988 from fourteen resi- dents of Sea Lawn Drive requesting the City to take the following action: 1) direct the Edmonds P� Street Department to "undo" the damage they have done to Sea Lawn Drive by changing the paved street to a chip sealed street; 2) direct the Edmonds Street Department to cease and desist from ruining the streets of Edmonds with chip seal and a cover-up scheme; 3) direct the Edmonds Street Department to properly inform the residents of any street where repairs or any other street -relat- ed work is planned to be done of precisely what work is planned and obtain at least a 60% majori- ty consent before making any repairs or changes in said street. Councilmember Hall said the City must review the issue of the quality of repairs to City streets. Councilmember Hall submitted the petition to the City Clerk. Councilmember Nordquist expressed concern that it has become common practice for department heads to rewrite their own job descriptions when a reclassification study is in progress. He noted that it has been a policy for the last eight years that such matters are subject to review and approval by the Council. Mayor Naughten said only appointed positions are subject to review and approval by the Council. Councilmember Jaech said she spoke with Attorney John Wallace who stated to her that it was with- in the Council's purview to approve all job descriptions. Councilmember Jaech said the Council can, however., delegate that authority for positions below a certain grade if they desired. Councilmember Nordquist said he would submit to the Mayor a list of positions that the Council has reviewed and approved in the past. Councilmember Jaech' inquired which representatives of AWC the Council wished to attend the Octo- ber 11, 1988 committee meeting to discuss the employee medical plan. The Council felt that Kent Swisher - Executive Director, Stephen Kunstler - Vice President, and Craig Smith - Employee Bene- fits Manager would suffice. The meeting adjourned at 9:47 p..m. THESE MINUTES ARE SUBJECT TO OCTOBER 18, 1988 APPROVAL. JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 8 OCTOBER 4, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. OCTOBER 4, 1988 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 19, 1988 AND SEPTEMBER 27, 1988 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM JEFFREY C. THUL ($810.50) (D) APPROVAL OF FINANCIAL POLICIES (FROM SEPTEMBER 13 MEETING) (E) APPROVAL OF PURCHASE OF FACSIMILE MACHINE ($3,500) (F) AUTHORIZATION TO CALL FOR BIDS FOR FENCING OF PUBLIC WORKS STORAGE FACILITY AT 7105 212TH ST. S.W. ($12,000) (G) APPROVAL OF MONTHLY RATE INCREASE TO $20 FOR FERRY COMMUTERS' PARKING LOT (H) APPROVAL OF EXPENDITURE OF $11,000 FOR MISCELLANEOUS BUILDING IMPROVEMENTS (I) AUTHORIZATION FOR MAYOR TO EXECUTE DOCUMENTS CONVEYING PARCEL OF LAND NEAR LYNNWOOD TREATMENT PLANT TO CITY OF LYNWOOD IN CONJUNCTION WITH 208TH ST. UAB PROJECT AGREEMENT �(J) AUTHORIZATION TO CALL FOR BIDS (RE -BID) FOR RENOVATION OF EDMONDS BOYS/GIRLS CLUB 2. AUDIENCE 3. REVIEW OF PROPOSED MODIFICATION TO PERSONNEL CONSULTANT CONTRACT (30 MINUTES) .(JANET PADGETT ASSOCIATES) 4. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING AMENDMENT TO (30 MINUTES) COMPREHENSIVE PLAN MAP FROM LOW DENSITY RESIDENTIAL TO COMMERCIAL/ BUSINESS; AND CONTRACT REZONE FROM RS-8 TO BN ON PROPERTY LOCATED AT 23115 100TH AVE. W. (FILE CDC-3-88/R-4-88) (APPLICANTS: HENRY AND JOYCE LANDAU) 5. HEARING ON APPEAL OF ADB DECISION REGARDING DENIAL OF REMOVAL OF A (45 MINUTES) TREE IN THE PUBLIC RIGHT-OF-WAY AT 555 WALNUT ST. IN CONJUNCTION WITH DEVELOPMENT OF 15-UNIT APARTMENT BUILDING (APPELLANT: MONTE CLOUSTON) (ADB-15-88/AP-25-88) 6.. REQUEST FOR AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH GTE FOR (10 MINUTES) "DESTINATION WASHINGTON" ADVERTISEMENT 7. REQUEST FOR APPROVAL OF AMENDMENT TO LEE JOHNSON CONTRACT FOR DESIGN ( 5 MINUTES) SERVICES IN CONNECTION WITH BRACKETT'S LANDING PROJECT 8. MAYOR 9. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE