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08/22/1995 City Council915195 EDMONDS CITY COUNCIL APPROVED MINUTES AUGUST 22,1995 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Laura Hall in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Laura Hall, Mayor Tom Petruzzi, Council President William J. Kasper, Councilmember Michael Hall, Councilmember Dave Earling, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember Barbara Fahey, Councilmember ALSO PRESENT Emily Shen, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Miller, Police Chief Michael Springer, Fire Chief Art Housler, Administrative Services Director Paul Mar, Community Services Director Brent Hunter, Personnel Manager Arvilla Ohlde, Parks and Recreation Manager Steve Koho, Wastewater Treatment Plant Manager Jim Walker, City Engineer Jeff Wilson, Current Planning Supervisor Noel Miller, Public Works Superintendent Sandy Chase, City Clerk Christine Laws, Recorder COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER MYERS, TO ADD AS ITEM J ON THE CONSENT AGENDA AUTHORIZATION TO DECLARE AN EMERGENCY REPAIR AT THE TREATMENT PLANT AND AWARD CONTRACT TO LOW BIDDER, NOT TO EXCEED $50,000, AND TO ADD AS ITEM K ON THE CONSENT AGENDA AUTHORIZATION FOR MAYOR TO SIGN A MAINTENANCE SERVICE CONTRACT WITH STARDOM INC. TO PERFORM TEMPORARY CUSTODIAL SERVICES AT THE PUBLIC WORKS CENTER ($925.00) AND TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Council President Petruzzi pulled Item B. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items passed are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIM WARRANTS #3045S THRU #954084F FOR THE WEEK OF AUGUST 7, 1995 IN THE AMOUNT OF $189,164.04; CLAIM WARRANTS #3194S THRU #3381F FOR THE WEEK OF AUGUST 14, 1995 IN THE AMOUNT OF $119,863.80; AND PAYROLL WARRANTS #954449 THRU #954810 FOR THE PERIOD OF AUGUST I THRU AUGUST 15, 1995 IN THE AMOUNT OF $423,090.91 APPROVED CITY COUNCIL hMgUi'ES AUGUST 22,1995 PAGE 1 Item B: (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM SCOTT E. MAHEW ($300.00 Est.) (E) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED JULY 31, 1995 (F) AUTHORIZATION TO CALL FOR BIDS FOR THE 1995 SEWER PROJECT (G) RESOLUTION NO. 823 CALLING FOR A NOVEMBER 7, 1995 ELECTION DATE AND ADOPT BALLOT TITLE FOR THE "SHERWOOD NEIGHBORHOOD" ANNEXATION (File No. AX-95-24) (H) RESOLUTION NO.824 CALLING FOR A NOVEMBER 7, 1995 ELECTION DATE AND ADOPT BALLOT TITLE FOR THE "FOREST GLEN NEIGHBORHOOD" ANNEXATION (File No. AX-95-85) (1) REPORT ON QUOTES TO RESURFACE SIXTH PLACE SOUTH ADJACENT TO THE ELM CONDOMINIUM CLUBHOUSE AND AWARD TO OLYMPIC PAVING, INC. ($2,999.30, INCLUDING SALES TAX) (J) AUTHORIZATION TO DECLARE AN EMERGENCY REPAIR AT THE TREATMENT PLANT AND AWARD CONTRACT TO LOW BIDDER, NOT TO EXCEED $50,000 (IQ AUTHORIZATION FOR MAYOR TO SIGN A MAINTENANCE SERVICE CONTRACT WITH STARDON, INC. TO PERFORM TEMPORARY CUSTODIAL SERVICES AT THE PUBLIC WORKS CENTER ($925.00) COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR APPROVAL OF THE MINUTES OF AUGUST 15, 1995 TAKING INTO CONSIDERATION THE AUGUST 22 MEMO FROM BARB MEHLERT WITH REQUESTED CHANGES AND THE CORRECTION OF TWO WORDS IN THE MEMO AS INTERLINEATED BY COUNCILMEMBER KASPER MOTION CARRIED. The agenda item passed is as follows: (B) APPROVAL OF MINUTES OF AUGUST 15, 1995 Mayor Hall advised the audience that as part of the Consent Agenda annexation election dates had been set for November 7, 1995. She read into the record the following statement: The City Council of the City of Edmonds has requested the Snohomish County Auditor conduct an election on the annexation of the Sherwood Neighborhood and Forest Glen Neighborhood Annexation Areas in conjunction with the November 1995 General Election. This was brought about by Resolution Nos. 823 and 824 which were passed tonight by the City Council on the Consent Agenda. The City is required to put together "Pro" and "Con" Committees for each of the annexation ballot issues. These committees will write statements for or against the annexation proposals which will be included in the Local Voter Pamphlet. If you are interested in serving on the "Pro" or "Con" Committee for the Sherwood Neighborhood Annexation Area, or the Forest Glen Annexation Area, please contact the City Clerk at 771-0245 no later than September 8, 1995. APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 2 3. INTRODUCTION OF NEW SERGEANT Police Chief Tom Miller introduced Sgt. Jeff Jones who has been with the Edmonds Police Department for 14 years. He provided Council with a brief summary of the highlights of Sgt. Jones' career. These included, among other things, Sgt. Jones' participation in the Lynnwood serial rapist investigation, for which the perpetrator received a sentence of 77 years, and being the lead investigator in the Yost Park incident last year for which three young ladies were recently presented with Commendations for Bravery. Sgt. Jones started the Police Explorer Program in 1984, and again this year won the award for Best Explorer Post. On June 15 his appointment to sergeant was made. Accompanying Sgt. Jones for the occasion was his wife Cheryl and son Kyle. Mayor Hall had the honor of pinning on his new badge, along with bestowing congratulations. 4. DISCUSSION WITH RESIDENTS OF THE MARINER PLAZA BUILDING REGARDING TREES AND SHRUBS OWNED BY THE CITY OF EDMONDS Councilmember Earling disclosed that one of the agents in his real estate office had written a letter contained in Council's packets regarding the trees involved with this discussion. Though he did not feel there was reason for him to recuse himself as this was not a quasi-judicial process, he did wish to make the fact known. Community Services Director Paul Mar provided an historical summary of this issue and called Council attention to the 8 exhibits to the Agenda Memorandum, the latest being an August 17, 1995 informational packet of I pages from Kevin Michael Paulich of Wolfstone, Panchot & Bloch, P.S., counsel for Joe and Vicky Wagner, 114 Second Avenue South. Kevin Paulich stated he represents Mr. and Mr. Wagner. He hoped that after this discussion the trees and shrubs that block his clients' view of Puget Sound will be able to be removed. Mr. Paulich showed a picture taken in the late 1980s and another taken recently showing no remaining view. The main point tonight is that these are not natural growing trees but a 50' fence constructed of trees and shrubs. The fence was constructed by the City of Edmonds on City property. It is consistent with City policy that prohibits fences over 6' high. He noted that it limits fences to 6' and recognizes that fences can be constructed of various materials -- here it is constructed of trees and shrubs. Mr. Paulich stated that the City. additionally planted these trees and shrubs in a row so that they would grow together and form a fence and block views. Mr. Paulich then passed around, through the City Clerk, three photos showing that the trees and shrubs also block views from ground level. They have made every effort to get the trees trimmed down. The Planning Department argues that the City not cut the trees for two reasons. First, trees can't be constructed and therefore can't be considered a fence. Mr. Paulich said the ordinance in question says that a fence means any construction of wood, metal, masonry, or other materials. Here, the fence is made of natural material of trees and shrubs. Secondly, there must be an obstruction at ground level. Mr. Paulich feels the letter of the law would allow the City to cut trees and give his clients back their view. He indicated he understood the good policy against cutting natural trees, but he wanted to bring to Council's attention the fact that people can circumvent the law by making fences of trees. Mr. Paulich reported that the matter had been appealed through the Planning Department on grounds that it is a policy. City Attorney Scott Snyder suggested coming to a Council meeting for discussion. Mr. Paulich APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE further advised that the next step, which they would like to avoid, is to go into the court system on a Writ of Mandamus. The arguments are set forth in the letter in Council packets. Mr. Paulich believes Edmonds' code would require the cutting of the trees and that his clients to be victims of misrepresentation because they were told the trees would only grow 25'. His clients bought their condo with the expectation of having a view. Also, he believes it would be in the public interest to preserve property values for the people of Edmonds because the tax base depends on value of property, and a property with a view is worth substantially more than one without. Mr. Paulich hopes Council will find that these trees be cut down to 6', removed, or replaced with trees that would reach a maximum height of 25', any of which would preserve views from the Mariner Plaza. Councilmember Hall asked Mr. Paulich whether there was any proof that there was a promise as to the height of these trees. He was told that it had been submitted in Mr. Hanson's affidavit. Mr. Hanson is one of the partners that built the building. Mr. Paulich summarized the contents of the affidavit. Councilmember Hall was then advised the identification of the Parks Department individual was believed to be in the packet. Responding to further questions of Councilmember Hall, Mr. Paulich said this distinction between a group of trees simply growing naturally on a piece of property and trees that have been intentionally used to create a fence is discussed in the Clyde Hill v. Roisen case wherein the Washington Supreme Court held that trees planted closely together in a row create a "fence" for the purposes of enforcing a community code prohibiting fences over six feet in height. Councilmember Hall then asked how Mr. Paulich would make the distinction between random trees growing together and those intentionally planted. Mr. Paulich responded it would be on a case -by -case basis. Council would need to make a decision such as Clyde Hill's, that in certain instances trees planted a certain way are considered a fence. He added that here it is very clear that the way the trees and shrubs were planted that they would form levels and then intertwine to, in effect, create a fence. Mr. Paulich believes that to have been the Parks Department intention when the trees were planted. Council President Petruzzi confirmed that these trees and shrubs were planted next to a fence. Mr. Paulich explained how vegetation growing next to a fence can become an extension of that fence. The fence on the property is under the 6' limit, but the trees are closer to 50'. Councilmember Petruzzi said there are existing policies established by the City with regard to the matters of trees and fences. He explained his feeling that attempting to take any broad -brush action tonight would create the necessity to change policy which would require a series of hearings. He would like to take this as a stand-alone situation and look at it in terms of being two property owners being good neighbors without jeopardizing present policies on which there have been many years and many more public hearings during development. Council President Petruzzi suggested Staff work with Mr. Paulich and his clients on possible solutions. He stressed it would be at the Wagners' expense because he would like to find solutions in a good neighbor spirit but without creating some large liability on the City's part. Councilmember Nordquist asked Mr. Mar if, when the park was developed in 1970 or 1971 ownership was turned over to the City. Parks and Recreations Manager Arvilla Ohlde indicated that the park is under City ownership. Councilmember Earling asked Council President Petruzzi whether it would be part of the decision -making process to send this to the Community Services Committee so that there could be discussion between a couple of Council members, the residents of the condominium project, and Staff. The reply was affirmative. Councilmembers Earling and Myers will both support that vehicle. APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 4 Mayor Hall recalled several hearings there had been on trees. This is not new territory. We do live in a view corridor. However, she can't buy the idea of a fence because otherwise her view is fenced in from Puget Sound. She had before her Resolution 418 signed by former Mayor Harve Harrison and passed by the City Council November 28, 1978, which allows three instances for trees to be cut. She feels that the issue could be referred to the Community Services Committee, but the ultimate would be with a legislative body to revisit the issue. She read a list of requests for trees being cut or thinned. This was provided for a sense of direction and history. Mr. Paulich acknowledged the distinction in the policy that preserves the trees and a policy that prohibits fences made out of trees. He thinks Council President Petruzzi's suggestion to sit'down together and work out a compromise where both goals can be accomplished is excellent. Councilmember Fahey commented that she has thought for some time it didn't make sense to have a 25' height restriction on buildings and not have restrictions on what can be referred to as ornamental landscaping which is allowed to grow beyond the height limits of buildings. She thinks it appropriate to ultimately re-evaluate that policy. For this situation, it is appropriate for the Community Services Committee to review it. As chairman of that committee, she will work with the neighbors. She agreed with the experiences of Council President Petruzzi in that she too has worked with neighbors to get trees topped to preserve views. She thinks that is the direction this situation should take, and ultimately review the policy on height restrictions to see if they are in keeping with the heights of buildings. Numerous individuals have commented on that issue. She wants to resolve this in a neighborly fashion and then eventually review the policy, possibly through a public hearing. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO PLACE THIS AGENDA ITEM ON THE COMMUNITY SERVICES COMMITTEE'S NEXT AVAILABLE AGENDA. MOTION CARRIED. COUNCIL PRESIDENT PETRUZZI AND COUNCILMEMBER FAHEY SET THE MATTER FOR SEPTEMBER 12 UNDER THE COMMUNITY SERVICES COMMITTEE. 5. HEARING ON AN APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S DECISION APPROVING A PERMIT REQUEST BY EDMONDS SCHOOL DISTRICT FOR SITE IMPROVEMENTS TO THE SHERWOOD ELEMENTARY SCHOOL SITE LOCATED AT 22901 106TH AVENUE WEST UNDER FILE NO. ADB-95-71 (Appellant: Sharon Mirante and Jane Roberts / Applicant/Appellee: Edmonds School District No. 15 (File No. AP-95-120) Pursuant to the Appearance of Fairness Doctrine, Councilmember Myers recused himself from the appeal hearing because of his status as a part-time employee of the School Board. Current Planning Supervisor Jeff Wilson provided those in attendance with a history and summary of the issue before the Council and used the overhead to show the parking proposal as planned by the School District. Mr. Wilson then discussed the three appeal issues: The project will impact the driveways on 106th Avenue West due to traffic backing up while waiting for the school buses coming down the hill before making the left-hand turn into the school parking lot. APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 5 Visibility on 106th Avenue West at the proposed gate is dangerously limited because of the two hills on 106th Avenue West. This would be a consideration for arrivals and departures later in the school day. The appellants believe that safety and flow of traffic would be greatly enhanced by having the new exit -entry coming out on 228th Street Southwest. Traffic flow could be further enhanced by having a 4-way flashing traffic light at the intersection of 106th Avenue West and 228th Street Southwest. There are two main points in the appeal analysis: The proposed site improvements will not create any additional floor area. Therefore, no additional traffic to the site will be created as a result of the proposed site improvements. 2. The proposed site improvements, including driveway locations, have been reviewed by the City's Engineering Division. The Engineering Division has found that the proposed driveway locations will not create vehicle sight distance problems, nor is the proposed driveway separation less than the minimum acceptable according to adopted standards. He then called Council attention to Agenda Memo Exhibit 5 which is an alternative plan submitted by Sharon Mirante. Councilmember Fahey confirmed with Mr. Wilson that in the matter being considered tonight, all Council was doing was considering the appeal which is in opposition to the plan presented tonight. She then asked if the extra piece that is added as a proposal is something Council can't address and that it was not for Council to consider an alternate proposal tonight. Mr. Wilson provided Staffs impression of the legal process. Council has several options. It has the option to deny the appeal and uphold the ADB decision; you have the ability to overturn the ADB decision and issue your own decision; you have the ability to even remand it back to the ADB, preferably with some specific guidance giving them some direction as to what they should look at in further consideration of this matter. He thinks Council has some latitude to make some changes in the process, but it is desired to make sure there is an adequate review of any other possible considerations in site design to make sure that the appropriate testimony was given by the Engineering Division regarding safety issues from the City's standpoint, as well as any other public participation. He further indicated that Councilmember Fahey was correct in her assessment of the role tonight. He reminded Council it has some flexibility, but if it feels there is an alternative design, it may want to remand it to the ADB with some direction. Councilmember Nordquist asked about the summary regarding Staff concurrence. His only concern is when it is in conjunction with the on -site as well as the off -site requirements. He thinks Mr. Wilson is leaning toward giving Council direction on the on -site ability to meet requirements. He is concerned about the safety factor on leaving the site. He saw no input from the police department which to him is an important ingredient when dealing with a small street. Mr. Wilson said that the Police Department is not typically consulted; these tend to be issues of traffic engineering which are based on sight distances, visibility, widths of road, adopted standards that Staff is aware of when evaluating a proposal. They will look at the on -site issue but will also take a look at where those driveway entrances are to determine whether they will be located in such a way as to create additional traffic hazards and make sure there are no conflicts in turning movements. It is not confined to just traffic circulation on the site, but also what happens when that traffic enters onto City streets. APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 6 Councilmember Nordquist referred to the safety checks of the buses and the equipment operating on the streets. He is concerned about the equipment going into and out of that school yard and whether it meets all the City requirements, and taking it a step farther because of compression. Mr. Wilson said that the State Patrol is responsible for items such as school buses because they fall under the state's jurisdiction so they will look at safety issues for the buses. Mayor Hall asked Chief Miller why the police was not involved in this. Chief Miller responded that state law requires the State Patrol to do safety inspections of public school vehicles, and they have that jurisdiction. He believed Councilmember Nordquist was discussing a technical committee where various departments are at the table discussing options. That is a policy for the Mayor and Planning Department as to how they want to process those applications as they come through. Mr. Wilson interjected that there is a technical committee in place. Historically, the police have not been a participant. Most reviews do not involve issues upon which the Police Department would comment. All other departments are involved and all other health and safety issues are addressed. Mayor Hall opened the hearing. Trevor Hart, Edmonds School District 15 Project Manager for Construction and Design, Architectural Project Manager Stephen Matsudaira, and Civil Engineer Maureen Kwalik were present to discuss the applicant's position. Mr. Hart presented some visual aids on the area surrounding the actual site. He then went on to address some of the questions that had been asked. Responding to Councilmember Kasper, Mr. Hart described the parking configuration for the present 34 stalls and stated that those would be kept and parking stalls are to be expanded to 75 stalls. He further explained that the increase in parking was not the primary reason this project was undertaken. In 1995 the School District has a number of small works projects. This is one of three sites deemed to be the most dangerous sites we have. He identified the three sites and the District's desire to begin those projects in 1995 in order to eliminate and avoid any more congestion as referred to by Councilmember Nordquist. Improving traffic circulation for safety of pedestrians, visitors, parents, and anyone in a vehicle or bus was the primary reason for this project. This plan provides for a clear separation between cars and buses so there is no confusion on ingress or egress. In terms of the design process, what is seen is a result of numerous options reviewed. There are numerous exhibits presented to help show the complexity of the site. There is technical information regarding the question raised about sight lines which will clarify what some of the issues have been. He hopes Council will then see how this particular design mitigates those issues. He introduced Steve Matsudaira of Mahlum & Nordfors, McKinley Gordon to discuss the process taken and why the resulting design is the only good solution to the problems faced at the site. Mr. Matsudaira indicated that they had been asked by the Edmonds School District to look at the problems that occurred at Sherwood Elementary School with regard to improving the student drop-off safety on the site. Along with that they were to increase the number of parking stalls and improve and increase the handicap stalls available. During the 10-month process, numerous schemes were addressed. One of note which he described was shared access for the bus and car drop-off into the existing parking lot. Another scheme was having the access to the North with an access into the current parking lot with the expansion of parking for that area. The site plan presented was then described. Maureen Kwalik, 7509 - 30th Avenue N.E., Seattle, is the project manager for the design company on this and a licensed engineer with the State of Washington. Her seal is on the drawing. She went over why they believe this is the best alternative. There is a minimizing of earth moving for construction and the overall removal of trees. It fits most naturally on the site itself. The plan provides for a lot of stacking of vehicles on the property and does not use public right of way to store vehicles. It also provides separation of traffic at the bus loop. This minimizes conflicts with other traffic. Ms. Kwalik then stated it provides adequate distance from the 228th Street intersection. In driveway design it is critical you are not too close to other APPROVED CITY COUNCIL NUNUrES AUGUST 22, I995 PAGE 7 intersections or driveways. There is a reasonable amount of setback, and this plan meets all engineering requirements for the site. A photo display was logged in with the City Clerk and passed around for Council to peruse. Councilmember Fahey asked for confirmation there will be a fully circular loop and for the location of the students' pedestrian crossing. Mr. Matsudaira explained to Councilmember Fahey's satisfaction the layout for the separation of buses and cars. He also noted the concrete walk areas. Appellant Jane Roberts lives on the corner of 106th and 228th just 100' North of the entrance/exit level proposed. She has seen airborne traffic coming off that hill and described it as a speed trap. The entrance and exit are at the bottom of a hill that does not have adequate visibility because of a dip. If a car were coming over the hill, it would not be seen. She further indicated there were three instances of which she is aware where people have come down that street and landed in yards. There is not enough visibility to provide for safety at this location. She asked for a more careful look at that aspect of the plan. Appellant Sharon Mirante, 22820 - 106th Avenue West, Edmonds, logged in some exhibits with the City Clerk. They were then passed around to Council. Ms. Mirante indicated that while the School District had been working on this proposal for 10 months, most of the neighbors knew nothing about it in mid -June when a notice was posted on the telephone poles. Most only formally found out the depth of the plan on July 6, the day after the ADB meeting. That is why most were not able to give a detailed opposition to the proposal at that time. There are now over 40 people who have signed a petition in opposition to the plan. She presented that petition to City Clerk Sandy Chase. One of the primary reasons for plan opposition is that it is not a safe plan. While many have spoken about how convenient it would be getting into the playground area, the problem is not what happens inside, but what happens when you are attempting to enter at that point. Traffic goes by at 35-40+ m.p.h. any time of the day or night. She showed a photo of the area in discussion, using a man as a reference point for the discussion. Southbound cars will be hidden from the view of the parents trying to make a left-hand turn into the parking and student drop-off areas. Because of the danger of the plan proposed by the Edmonds School District and Brett Carlstad, another alternative in addition to the one proposed by Jane Roberts is being proposed tonight. There is a copy of the plan in the packet. She explained the proposal shown. She then explained the proposal contained in Exhibit 5 of the Agenda Memo. There is a large grassy area by the school sign not presently used which could be enlarged so that the buses could use that as their exit point. The cars would use the existing exit and make a loop and drop off their children close to the school and use the flat area as a turnaround connecting to the current exit area. With their proposed change in the parking design, the playground area would not be impacted. There is also additional parking available in the never -used basketball area. Ms. Mirante said this plan is cost-effective, makes minor changes in traffic flow patterns but ensures safety, and has little negative impact on the neighborhood. The public portion of the hearing was opened. C. D. "Dick" Jewell Jr., 22740 - 106th Avenue West, lives across the corner on 106th from the Northwest corner of the school. He reiterated that this stretch of road acts like a ski jump to some of the drivers. He does not wish to see a serious accident. Ray Olson, 22808 - 106th Place West, restated that the basic issue is safety of the children. He believes there should be enhanced police protection so that the parents can trust the bus system. He also noted that the City was doing traffic counts on 106th and 228th which he did not see prior to the ADB hearing. Mr. Olson thinks there should be police on site in the mornings and afternoons to keep traffic separated. This APPROVED CITY COUNCIL, MINUTES AUGUST 22, 1995 PAGE 8 strategy was used at one point during the time the area was part of the county and not the jurisdiction of the Edmonds Police Department. He further suggested that if there more "patrols" along the site's bus routes, there would not be as many cars and parents would have more confidence in the system. Betty Heston, 22807 - 106th Place West, was involved at the inception of Sherwood. She indicated she met Mayor Hall while in Olympia on a safety issue concerning exactly what was now being discussed. Since that time the ADB has overlooked the seriousness of the design and the contours of that street. Ms. Heston has seen and knows of many of the accidents that have occurred in the area. The neighborhood tried to work periodically with the Snohomish County Sheriffs Office trying to get officers there in the mornings when students were going to Woodway High School. She said that when they came, it was usually after school had started when there wasn't a problem. They were never there at a time when the neighbors felt they could see what is happening on the street. She, too, feels that the safety concern is the primary issue. Barbara Hinkle, 22720 - 105th Avenue West, provided the City Clerk with copies of her presentation to be passed out to Council. She favors the plan. She has witnessed the amount of haphazard off-street parking that takes place daily for school events, PTSA meetings, and outdoor sporting events. Often the people park so that portions of cars are extended into the roadway areas; children and adults dart between parked cars. She described it as an invitation to disaster. Since the peak hours at the school are 9:00 a.m. and 3:00 p.m., area residents are still at work and are able to avoid personal delays due to school related activities. She claims visibility is not an issue. She believes this matter should be redirected to the City as an enforcement issue with regard to speeds. Ms. Hinkle vehemently opposed the idea that safety and traffic flow would be greatly enhanced by having a new point of ingress and egress off of 228th Street S.W. She said that 228th is a residential street and frequently has neighborhood children playing on it. It is quite contrary to add traffic to a residential street where additional traffic would further endanger the lives of school children. Ms. Hinkle noted that 105th Avenue West and 228th Street S.W. act as the only through streets providing a relatively safe pedestrian corridor to those children living in the area. She went on to state that the proposed changes at the school will greatly improve the safety of the users and area residents, as well as allow for better maintenance by the School District. Wendy Kimble, 22719 - 105th Avenue West, indicated that much of what Ms. Hinkle stated was also her opinion. Her concern also is children's safety. Historically, 105th Avenue West has been the avenue that the kids who live North of the school utilize. She then referenced the monthly letter in the Edmonds Enterprise from Dr. Benzel which stated that the State has cut transportation funds for education.. She stressed that 105th Avenue West and 228th Street must remain that safe avenue for children going to and from school. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO EXTEND THE HEARING FOR 20 MINUTES FOR COMPLETION. MOTION CARRIED. Rich Kincaid, 9730 - 241st Place S.W., is the Principal of Sherwood Elementary. He brought with him numerous letters of support of the project. This is a site that had over 400 volunteers this year and is a school that thrives on community and parent involvement. Every day there are 7 buses in the lot forming a "fence" between the children and the parents' cars. He described the pedestrian traffic through the bus areas to get to parental vehicles. He further described the present traffic problems. The proposed plan will provide event parking, ample parking for staff, volunteers and parents, and a safe access to the school. He said they are living with a time bomb, and the sooner this project, and the sooner they can get this project rolling, the sooner there will be more safety for the students. He urged approval with the plan. He described his publication activities for the plan. There was ample opportunity to review the plan. APPROVED CITY COUNCIL MNMS AUGUST 22,1995 PAGE 9 Council President Petruzzi acknowledged receipt of nine letters in support of the project and passed them among Council. Mayor Hall reported receipt of a telephone call in support of the project. Elizabeth Lang, 8730 - 236th S.W., as President of the PTA at Sherwood Elementary, was representing the 500 students and families. She has had three children attend Sherwood in the last 10 years and seen the parking and traffic worsen. She likened it to an accident waiting to happen. Total separation of buses and parent drop-off is critical. Ms. Lang also stated that presently parents, staff and volunteers must frequently park in front of neighborhood homes because of the lack of parking facilities on -site. She encouraged Council to rule in favor of the proposal as soon as possible. Peter Hart, 10415 - 228th Street S.W., generally supports the principal and the PTA and recognizes the dangers. He also agrees with Councihnember Kasper in that the paving of the parking lot will take away two playfields for parking. Mr. Hart supports safety issues but has reservations on the amount of property 'being used for the project. Bruce Barber, 10617 Robin Hood Drive, has three children attending Sherwood Elementary. His concerns are primarily with the safety of the kids. He thinks the sight issue with regard to safety has been exaggerated. He thinks there is a valid concern but believes a car can be seen. He also noted his agreement with Peter Hart that the playfields are being used. He asked the design team if the Southern part of the site has been addressed as a potential alternative for this type of loop which would leave the ballfield in place. He described this portion of the site for those in need. Svendt Ross, 22631 - 106th Avenue West, agrees with the school in that they need the parking and the traffic separation. He also agrees with the neighbors with regard to the fact that this is an extremely high speed residential street with a lot of inherent dangers in that matter. Mr. Ross agrees with the last speaker regarding the South property. He asked if the ADB looked at the extreme West side of the property which would come out on 228th. There is a lot of erosion on which something will have to be done. He acknowledged something needs to be done with regard to the speed issue and the separation of buses and cars, but would like to see other alternatives considered. Jim Roberts, 22724 - 106th West, wanted to provide perspective on this issue as a former student of Sherwood Elementary and neighborhood resident. He recognizes the need as stated by the PTA and Principal Kincaid and confirmed the need for the plan. He also pointed out that the point of entry and departure for the parent drop-off is dangerous. He has had three dogs hit by cars, he has witnessed accidents, and has himself utilized the speed factor of the hill. He described the road as a roller coaster. Mr. Roberts reiterated the need for the plan and his belief that the entry and exit should be in another location. Barbara Wilmont, 10503 Little John Court, is in favor of what Mr. Kincaid and the School District propose. Tonight, however, she was walking her dog from the top of the hill and saw her husband coming around the corner in a white van. She then lost sight of him for about 20 seconds. She testified there is a dip that she has never previously noticed. Sometimes, even when your own children are not involved, you should vote in favor of the schools and the needs for children. Ms. Wilmont feels the alternate plan proposal seems to take away a little more of the playground than what was initially approved. She hopes Council can have an alternate plan. She suggested the possibility of putting a stop light at that spot so that people do not cut that corner. APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 10 Ray Olson, 22808 - 106th Place West, provided information regarding his son's accident and verified that this is a roller coaster road. He also confirmed that you cannot see that intersection at 106th nor the area considered for ingress and egress in the proposal. Mayor Hall closed the public portion of the hearing and remanded the matter to Council. Council President Petruzzi asked City Engineer Jim Walker and Ms. Kwalik about the hill and wanted to know their personal opinions on the project and what they did to insure to themselves that it was safe. Ms. Kwalik showed a profile of 106th which shoes the dip and rise of the exit of the school and on down the hill to 228th. There is adequate space for the speed posted. If the road is a ski jump, it is an enforcement issue. Mr. Walker stated the City can only require what is adequate for posted speeds and not the speed that is being driven as advised by the City Attorney. Normally the City would prefer to have the two accesses separated and typically discourage access to a school from a street such as 228th. The selected location meets the requirements used to evaluate it. It is not the City's place to look for the best solution, but only to make sure the applicant is meeting City standards. Council President Petruzzi commented he is concerned with the safety. issue but also feels something needs to be done soon in order to prevent injuries. He doesn't know how the two issues can be solved. He suggested upholding the ADB's decision on approving the permit, but he feels the hill must be addressed. That is something he would like the Public Safety Committee to review with a concentration 'on that particular street to see what can be developed. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEM 3ER NORDQUIST, TO EXTEND THE HEARING ANOTHER TEN MINUTES. MOTION CARRIED. Student Representative Emily Shen made some observations from a young driver and student's point of view. Many young drivers who do drive fast are usually in school from 7:00 until at least 1:50, thereby not being in the area at the same time as school children would be coming and going. At her high school there is a separate bus loading. Still, it is a busy street, and even though the parking lot access for car drivers is about 200-300' away from bus loading, there are still conflicts sometimes. The separation between bus and car access should be a greater distance so that there is no conflict which is why the District is looking at two separate loading facilities. Councilmember Hall's bottom line is that he thinks it will be too dangerous at the bottom of the hill for that exit and entrance portion. If this is being built at just over the maximum sight distance at 25 m.p.h., there is no reason why we can't figure out how to give us just a little more leeway on that. He suggested and showed an alternative configuration. Mayor Hall reminded Council that its purpose was not to design but to vote on the ADB recommendation, and then there would be a chance for a redesign, depending upon Council's actions. Councilmember Earling agrees with some of the comments earlier made. He described the road at best as organized chaos and intolerable. He acknowledged it was a tough site with limited space, and its contour is hard to deal with. There are going to have to be made some on -site compromises by the school also. He said one of his biggest concerns is a need to get some of the cars off the road. The way the configuration is given to Council he thinks it will allow a maximum amount of cars to be off the street so there won't need APPROVED CITY COUNCIL MINUTES AUGUST 22. 1995 PAGE 1 I to be as much worry about the kids getting to and from school. He wanted to move forward on the issue presented. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, FOR THE RECOMMENDED ACTION WHICH IS TO UPHOLD THE DECISION OF THE ARCHITECTURAL DESIGN BOARD AS SET FORTH IN EXHIBIT 4 AND DENY THE APPEAL. Councilmember Kasper will support the motion. He says the City has had bad luck with the Council re- designing. There have been experts here. He thinks this administration has to get committed to enforcing the speed limit. That's an area that has to be addressed. You don't go by how many collisions there have been; it's what are the hazards that could cause the accidents. Mayor Hall thinks Councilmember Kasper will find enforcement in place. Councilmember Kasper noted that there are school crosswalks in his area, and they are not enforced. Councilmember Hall doesn't have a major problem with the design of the parking. He thinks the Architectural Design Board did an excellent job in that regard. He doesn't believe they are experts as well in the safety issues. He would hope that what decision is made today, if the Council wants to approve the plan, that it allow someone to take a second look at trying to figure out how to get this ingress and egress at a different spot that would be more advantageous to the site plan and the safety issues there. Councilmember Nordquist commented that he had no problems with the corrections on the campus. He thinks the problem is on the street itself. He thinks the Public Safety Committee should put this as an ongoing item to keep abreast of whether we need traffic control, another officer, etc. The Council should still be involved with this, and not if it passes this tonight, let it go. It should be watched and reviewed. The on -campus corrections, obviously, are needed. Council President Petruzzi suggested putting this on the Public Safety agenda. Mayor Hall reminded Council of the limitation on discussion to items relative to the motion. MOTION CARRIED WITH COUNCILMEMBER HALL VOTING NO. Council President Petruzzi again announced his desire to have the Public Safety Committee put this on their agenda to sit down with the Police Department and the Engineering Department to discuss the sight problems on this hill. It could create problems in the future. There was a two -minute recess declared at 9:08 p.m.; the meeting reconvened at 9:12 p.m. During this time Ms. Shen left the meeting. 6. AUTHORIZATION TO LEASE NINE (9) POLICE CARS FROM FINANCIAL CONSULTANTS INTERNATIONAL, INC. Public Works Superintendent Noel Miller reported that this item was continued from the July 25 meeting. A motion was made by Council to have the Finance Committee look at this and some other options regarding purchase versus lease. Doug Farman in Finance worked up some other scenarios that were reviewed by the Finance Committee. Mr. Miller described these scenarios. He then discussed the advantages of the different options as previously described to the Finance Committee when they settled on going with the existing lease which had been originally recommended. The City Attorney has worked up some language, there is a memorandum dated today that was in Council packets for review, with a lease agreement and the proposed modification to the lease contract. Yesterday Greg Ramsland talked with Financial Consultants International, Inc., the lessor, and the language was satisfactory. APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 12 COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE STAFF TO EXTEND THE EXISTING 2-YEAR LEASE CONTRACT AN ADDITIONAL 2 YEARS WITH FINANCIAL CONSULTANTS INTERNATIONAL, INC. FOR NINE (9) 1996 FORD CROWN VICTORIA POLICE PATROL VEHICLES WHICH INCLUDE TWO (2) VEHICLES FOR THE ESPERANCE ANNEXATIONS. THE COUNCIL'S UNDERSTANDING IS THAT THE ESTIMATED COST OF THE LEASE WELL BE $77,220 PER YEAR BEGINNING IN JULY 1996. Councilmember Kasper reiterated that he has been against this leasing business for years. He asked Councilmember Nordquist why they are having nine cars. We used to lease six, then one year leased seven because we wanted to get one for an officer to retire that car. Is this going to continue this way, constantly buying a new car for sergeants that are non -patrol officers? Councilmember Nordquist acknowledged they had asked the question. He agreed it started at five, went to six and one extra one, and now we have two more because of the Esperance annexation. Councilmember Kasper asked where the ninth one came into the scene. Councilmember Nordquist responded that Police Chief Miller said he needed them. Councilmember Kasper does not see that leasing cars for sergeants every two years because the usage isn't there, the rotation doesn't take place. We are not getting cars that we can use elsewhere in the City. We are buying all new vehicles all of the time for almost everyone. He thinks it is getting to the point where the City would be much better off buying the cars, retire the ones that have excess mileage and building capital reserve. Every year it will take us deeper in the hole. MOTION CARRIED WITH COUNCILMEMBER KASPER VOTING NO. COUNCII.MEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO MOVE AGENDA ITEM NO. 9 BEFORE ITEM NO. 7 SO THAT THOSE WAITING FOR THAT ISSUE DID NOT HAVE TO WAIT THROUGH THE BUDGET DISCUSSION. MOTION CARRIED. 9. UPDATE ON LID 214 PROGRESS City Engineer Jim Walker reported this matter was referred on by the Community Services Committee to update the progress on LID 214. The main thing he wished to present was the information received back from the attorney regarding what can be done regarding claims. One of the presented suggestions was to consider using retainage, and the attorney's opinion was that we did not have the ability to hold retainage funds for any of the damage to third parties unless the City was sued by the third party. In that case, the contractor would have to refuse to indemnify the City while the City was still in retention of the funds. Suit would have to take place during the 45 days between the final end project and the release of retention and the contractor's/contractor's insurance would have to refuse to indemnify. It is not a practical option. There are some abilities we didn't know we had before based on some of the wording in the contract. The contract typically deals with certain relationships -- legal and public relationships in one section. In the section regarding earth work, the engineer who did the contract specifications for the City included some wording about the requirement for the contractor to restore both private and public property to pre- condition equivalent. That had to be to the satisfaction of the City. The contract also required the engineer to approve the project prior to its final acceptance, so we do have the ability to not accept the project until the private restoration of property (it would not cover all damages to car travelling on right of way but would cover damage to someone's lawn or driveway -- permanent physical property). The attorney's recommendation is that we have the Engineering Department evaluate the extent of both private property improvements that have been damaged and that we withhold final acceptance until the private property issues that can be dealt with within the contract are dealt with in a contract. He explained that may be one APPROVED CITY COUNCIL MINUTES AUGUST 22. 1995 PAGE 13 of the best ways to deal with the some of the issues that the neighbors had. The attorney had advice on some other things that should not be done. Typically, the way the contracts are written, if there is a claim for damages, the City requests the contractor to give evidence that his insurance company has made contact with the claimant. Mr. Walker believed the Mayor would be taking some action to insure that that has been done and make sure they are following through as we believe they should per the contract. Mayor Hall indicated for the record that she had talked to the contractor this morning, and she will be writing that letter requesting evidence that he has submitted same. She will then report. Mr. Walker also reported that the City Attorney advised the City should avoid trying to settle damages alone. It should have a claims adjuster to do that. There needs to be some kind of accurate way to measure damages. Unless the City waives insurance coverage, it should only set up claims that are above the deductible. Otherwise, the risk pool could be effected. Insurance would view it that the legal responsibility is with the contractor. One of the applicants was told that the claim should be processed through his auto insurance; the same should be true for homeowners insurance. They may be willing to take the lead in some of these issues. Councilmember Fahey indicated the Community Services Committee requested this be put on this agenda to give the full Council word on what actions had been taken and of information that had been collected. They did not consider that there has been any resolution as yet and wish to continue working on them. Her recommendation is that it continue to be under the auspices of the Community Services Committee so the citizens feel they still have a vehicle for stating their concerns. It would provide a good means of communication. She would like to accept the information presented and continue to consider it again at the next Community Services Committee meeting. Councilmember Myers confirmed that the contractor has not, in fact, completed the list as shown in paragraph 1. Some of the work done has not been done and some not to the City's satisfaction, and the contractor now anticipates completion by Friday. Councilmember Nordquist asked who should be called for the citizens to voice their concerns. Councilmember Fahey said the Community Services Committee would be willing to give them the same type of forum as last time, a few minutes during the committee meeting during which they can voice their opinions and concerns and meet with Staff and Council. Paul Mar added that tomorrow the street end signs will be installed, and next Monday the arborist will be out to inspect the tree. Councilmember Earling's only problem with the report was the suggestion that the homeowners should be going through their own insurance when the City has hired a contractor to do an improvement. He would not like to do that. Mr. Walker indicated the contractor is not an agent of the City but a separate entity. They are the ones liable, and the City does not want that liability. Councilmember Kasper doesn't feel they are working in good faith. They have made repairs and come out two and three times without satisfaction. This is something that needs to be addressed, especially when after spending an entire day "fixing it", the water still does not drain into the culvert. Mayor Hall agreed. Councilmember Fahey thinks it an obvious solution for Staff to take care of these corrections. That was evaluated, and there was concern about letting the contractor off the hook because of future warranties that could be involved in their installation. She urged the City come up with a resolution with this contractor APPROVED CITY COUNCIL MINUTES AUGUST 22, 1995 PAGE 14 that is acceptable, and then clean up the damage after with great apologies for everything with which the citizens have had to deal. 7. COUNCIL DISCUSSION ON BUDGET ASSUMPTIONS AND CONDITIONS Council President Petruzzi said he prepared a memo which was handed out this evening dated August 21. The attachments are those sent to us by the Mayor in a memo from her dated August 4. The most critical is the first which talks about the two year budget 1996 and 1997 assumptions and conditions. He wants to look at those assumptions and conditions and the budget from a macro standpoint. Council President Petruzzi initiated discussion with Item 3. He asked what the reason was for the 10% increase in 1996. Administrative Services Director Art Housler responded that it was a draft and since departments had not submitted their requested expenditures, it is difficult to make a projection. Essentially, the increase would be approximately 8% from the five annexations. Councilmember Kasper stated that the only money coming in is from Aurora Marketplace. He asked Mr. Housler if the others were expected to come in full in January. Mr. Housler said that given the criteria for property taxes and State shared revenues, and they come in on the elected dates, the City would receive 100% of the revenues for 1996. He corrected Councilmember Kasper's belief that the cutoff was November 1. The cutoff is two weeks before the end of the year. All ordinances must also be in place and submitted to the Department of Revenue and Snohomish County Assessor's Office. Councilmember Kasper then asked what justified going to 4% the next year. Mr. Housler advised that after the big surge, it levels out. Mr. Kasper felt it looked like the inflation rate was flipping the other direction. Councilmember Earling advised Mr. Housler that one of the issues he would like to consider is exploring the potential for the property tax revenues at 106% ,and how much money that generates. Further he would like staff to bring back in a prioritized how that money might be utilized, acknowledging that it would not be just for the general good of the cause but for specific issues and items that might be of high priority for Council to consider. He asked Mr. Housler how the benefit numbers were determined. Mr. Housler said those numbers are provided by the AWC who is the brokerage for these services. Council President Petruzzi indicated he would go along with Councilmember Earling's suggestion if the money were earmarked for specific items. He discussed some of the known needs of the City such as the upcoming $1 million fire engine. This may be a way to come up with the money reserves for that piece of equipment. Council President Petruzzi then discussed some of the various specific projects that had been sidestepped and suggested setting up a sinking fund for the items on which money had prevented action. Councilmember Earling said that a comment was made to identify the amount of money in 106% and ask Staff to bring back to Council recommendations. He did not intend for it to lead into a discussion tonight of items that Council can identify. He would like to have that information provided. Council President Petruzzi feels Staff should make certain recommendations but thinks it is incumbent upon Council which makes policy to at certain times prioritize. This may be one of the times. Mayor Hall asked Mr. Housler how many dollars were associated with each percent and was advised it was about $42,000. Councilmember Kasper agreed with Mr. Petruzzi. He thinks this should be called capital money if the City is going to start moving into it because there is a fire engine, moving expenses next year, and all kinds of things that have to do with capital. He thinks if those additional funds are put in there, Council is kidding APPROVED CITY COUNCIL MINUTES AUGUST 22. 1995 PAGE 15 themselves to have them come back and tell us in what way we can spend it. He thinks we just have to do it and put it into those functions without having to transfer back and forth. Council should just say that is what it will be for -- reserve for capital items that are foreseeable. There is also the need to start a reserve for automobiles. You can't keep leasing these cars forever. He does not want to go over the actual cost of living on that capital item, but there are cases like the Fire Department, any capital monies that can be obtained should be for these emergency items. Councilmember Fahey agrees with the need for this budget to have reserves built in for things that are known. The Highway 99 project is another one. She is not saying that Council has to enumerate them, but she would like to see a list of all of the kinds of future needs that have been established and the price tags associated with them, as well as what kind of reserves are being set aside to help address the problems in the future. The other thing she would like to have assurance of when the budget is presented is that when Council is told that there are cash carry forwards from monies that haven't been expended, that they truly are monies that don't need to be expended and are not monies that have been set aside for a specific purpose and not yet expended. She feels Council really needs to review every expenditure projected to this year to see if, in fact, it is something that doesn't now have to be expended or if it is something that just needs to be carried and budgeted for and not lost in a cash carry forward. Councilmember Kasper noted that there was one on equipment the other night where there was a big overrun and money laying there. That money should be looked at. Councilmember Kasper then restated his question with regard to Item 6. He thinks the budget started out with payroll as 57% of the General Fund. Here it is projecting 62% because evidently we have come in over 60% and not 57.9%. The City has picked up a lot of the back pay and we did go up to 60% on, but now we are over. Now we are trying to remain at the 62% as if it were a golden goose. He would take it back to where it should be. Mr. Housler said that looking at the preliminary figures, including the Esperance annexation, that probably the preliminary 63% is mainly due to the Esperance annexation. He will break it out. Mr. Kasper commented that hiring etc. takes time during which money will be accumulated and not spent right away. Mr. Housler believes the 12 people will be hired by January i because the fire station must be kept open. Council President Petruzzi raised the Item 4 salary pool. This year all of the monies for the salary pool were put in the Council Contingency Fund, and it worked very nicely. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, THAT ALL FUNDS FOR THE SALARY POOL AGAIN BE PUT INTO THE COUNCIL CONTINGENCY FUND FOR 1996. MOTION CARRIED. Mr. Housler interjected that he wished Council to be aware that we are duplicating expenditures by making these transfers back and forth between the funds. When he says 10% or 11%, it will probably be a 12% increase in expenditures. These are bookkeeping increases that must be taken into account. Council President Petruzzi raised the issue of Item 9. Ever since the City was in fairly severe financial difficulty about three years ago with the EMS failure, we went from a policy of having very large cash carry overs to where we were almost in the red. Now we are looking at an increase in revenues of 3.5%, and our expenditures are down. He was hoping Council would be looking at a much higher cash carry over which would provide a buffer. He asked for an explanation. Mr. Housler said that $112,000 was budgeted for the ending of 1995. We will probably come in upwards of $500,000 because we do have the monies from Aurora Marketplace which is approximately $240,000 which will be in that cash balance to carry over to pay for the fireman in 1996 etc. There will probably be at least a couple hundred thousand as long as we keep on this trend we are currently on in revenue generation for the rest of the year. Council APPROVED CITY COUNCIL MINUTES AUGUST 22,1995 PAGE 16 President Petruzzi asked for confirmation that the expected cash carry over for the end of the year is $400-500,000. Mr. Housler reiterated his belief that it will be about $500,000. Councilmember Kasper asked how they justify the 62% now. There is money coming in for those additional employees. Mr. Housler responded that salary and benefits will accelerate because 12 people are being added. There will be 24 people added if all of the annexations come in in 1996. That is what is considered in the 63%. Mr. Housler reminded Councilmember Kasper that revenues have nothing to do with expenditures because they are looking at the proportion of all expenditures which are salaries and benefits. Compared to the total, it was 63%. Mr. Housler advised that when he put the schedule together, he was advised that November 11 precedes a Monday holiday, and a lot of Staff will be out. They would like to scratch that Saturday meeting if Council desires. This is a draft, and the four hour session can be rescheduled for another time frame. Councilmember Petruzzi said he could cancel it but suggested he have it another time. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER MYERS, TO EXTEND THE MEETING. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST VOTING NO. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER HALL TO CONTINUE AGENDA ITEM 11 BECAUSE OF THE LATE HOUR MOTION CARRIED WITH COUNCILMEMBER NORDQUIST VOTING NO. 8. AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES ON SPACE PLANNING FOR EDMONDS FINANCIAL CENTER Community Services Director Paul Mar explained the purchase of the Edmonds Financial Center has been completed. Staff has determined that a qualified, professional space consultant is needed to assist the City in preparing space layouts that comply with codes and meet functional requirements and to provide realistic cost estimates to allow for appropriate budget planning. He recommends using the Council's Selection Committee to assist in selecting a consultant. Once the contract is negotiated and everyone understands where we are, there will probably be an additional appropriation requested this year to fund the consultant's services. He attached the draft scope of work and some statistical information on the program space needs for the Administrative component of City government that will be housed in the building and the space availability in the Edmonds Financial Center. Mr. Mar further requested that at the completion of this item he be allowed to give a brief report on the roof situation at the building. Councilmember Nordquist commented that he can appreciate the use of the Consultant Selection Committee, but only to narrow it down to a couple of final candidates to be brought to the Council as a whole for a final decision. He thinks Council should have two at which to look. Mr. Mar advised Council President Petruzzi that Councilmembers Earling, Nordquist and Kasper were delegated to be involved in this, with Councilmember Myers as backup. Councilmember Kasper suggested that because of the lateness in the year, Council may wish to replace him. Discussion followed concerning what meetings had been held. Council President Petruzzi believes there should be Council input. He would like to know when these meetings are scheduled to make sure that Council is in on the discussion. Mr. Mar asked if he was suggesting the Council members want to have input on the RFP or after the consultant is selected and the scope of work started. It was determined it would be when the scope of work was begun. Council President Petruzzi noticed that on Exhibit 3's description of program needs of Council for 3,195 APPROVED CITY COUNCIL MINUTES AUGUST 2Z 1995 PAGE 1 I square feet. He didn't know what Council would do with that amount of room since it is not the present intention to have Council chambers in that building. Mr. Mar said that in the space program that was to go up and tracking cost, that Council chamber number including meeting rooms and the Council Assistant's office are in the program. He understands that there is discussion that at least in the early stages we may not want the Council chambers in that building. Council President Petruzzi believes it cost prohibitive. Councilmember Hall wants to see Council chambers in the building if it can be done. Councilmember Kasper noted there appears to be footage not being consumed. He thinks it is something on which Council should keep an open mind. He thinks Council should continue to look at the possibility. Is there a way to solve the problems without getting into high costs. It is a natural floor; it is a question of what can be done to modify it. His other question concerned Item 8 and where it talked about coinciding with the estimate's annual budgeting cycle. He asked if this remodeling was to be spread over a number of years, if there was going to be a complete remodel, and in general what was expected. Mr. Mar's thought about putting that part of the scope of work is hopefully before the 1996 budget is finalized, whatever quote the City can afford and is necessary for next year is budgeted into the 1996 budget so that the renovations can be completed before the move -in. If there are needs for future renovations, if the Council chamber is not initially in but at some future dates is desired in the building, they can reflect what those costs might be in order to be put into future years' budgets. Councilmember Kasper asked if the scope of work provided for a limited amount to spend for the initial move -in. Mr. Mar believes there is a councilmanic bond that has been approved by the City Council. His understanding is that we are currently collecting revenues and paying out expenditures for tenants in the building, and those dollars, according to Mr. Housler, are being segregated into a separate fund. Before they decide from their perspective what to expend it on, they need to have a consultant come in and give at least an objective look at what we need at the date of move -in and what that would cost. That includes renovation, furnishings, all moving expenses that we will incur. Councilmember Kasper commented that when you get into furnishings it is not part of the building. The capital improvements Council is talking about are what we are allowing to be spent on that building without budgeting new money. Mr. Mar confirmed it was through bond proceeds. Councilmember Fahey quickly commented on Council space. She thought that was something that would be revisited or at least looked at more closely because there was an excessive amount of space in the original plan. Wherever Council ultimately winds up locating, it should be done in conjunction with the Court. We need to figure out if it is feasible for that to be included in that building. If it is, it obviously has to be on the ground floor. She does not think it can be overlooked and needs to be part of the consideration to be ruled out or deemed feasible. Council President Petruzzi then remarked on the Council chamber issue. Turning the building into something that had a public place such as this would require a huge expenditure due to the various State and ADA laws being faced. Mr. Mar said the basic cost requirement was in the air exchange system, and that one of the items to be carefully examined with the consultant concerns the minimum cost in order to achieve. If the 4,000 square feet on the lower South half of the first floor, one of the items in the scope of work is to direct the consultant to take a look at that and, hopefully early on, we can get a report back to the committee as to what that cost may be so that a decision can be made. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO AUTHORIZE STAFF TO ISSUE REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES ON SPACE PLANNING ASSISTANCE OF THE EDMONDS FINANCIAL CENTER AND SAID PROCESS BE IN CONJUNCTION WITH THE COUNCIL'S CONSULTANT SELECTION COMMITTEE. MOTION CARRIED. APPROVED CITY COUNCIL MIIRJTES AUGUST 22,1995 PAGE 18 Mr. Mar then provided Council with a brief report on the roof at the Financial Center. Last week heavy rains caused some damage on the upper floor, primarily in the central core where the restrooms are, and the men's restroom on the third floor which is on top of the women's restroom on the second floor, and on the first floor it is right in front of the entryway. He described the cause of the leak and what would be required to fix it. The bottom line is a long term fix would require shutting down the building for a week. What is being discussed by Noel Miller, Tom King and Mr. Mar is taking two of the facilities maintenance staff people and getting up on the roof and using visual inspections go ahead and patch what can be seen as cracks and to take their time doing that. It is thought that will get us over the winter season. If emergency repair is needed, they can get a contractor to help on an on -call basis. The estimate for doing .that, including materials and time, is about $1,800-2,000. Councilmember Kasper believes this to be the way to go because we are going to have to rebalance anyway once all the door cutting and hallways are done. It would be a waste of money to balance the system at this time. Councilmember Kasper then asked when they need authority or if they were going to be coming back on this. Mr. Mar responded that unless there is an objection, once the crews are available work will start. No objections were raised. 10. MAYOR Mayor Hall called to the attention of Council the Special Meeting Notice received for tomorrow's 2:30 p.m. meeting at the Public Safety conference room for public safety space needs committee. Four council persons have said they will be in attendance so it was advertised. Mayor Hall provided a copy of a large check from the Edmonds Day Camp. Through a penny carnival, they gathered $970 and were very proud of their efforts. They presented this check to the City for their peers that cannot afford to attend the day camp. She then thanked the children for their contribution. Councilmember Fahey responded to Councilmember Kasper's question about the seventh car that got put into the car leasing issue. That was reviewed last year, and that car was built in and approved last year and carried forward. Councilmember Kasper stated that was not an every year car but an every four or five years car. He stated that seven cars are not turned over every year. There being no further business to come before the Council, the meeting was adjourned at 10:21 p.m. CI A' ,`ism/.WN SANDRA S. CHASE, CITY CLERK APPROVED CITY COUNCIL hUNUfES AUGUST 22, 1995 PAGE 19 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 650 MAIN STREET 7:00 -10:00 p.m. AUGUST 22, 1995 WORK MEETING CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. (5 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 15, 1995 (C) APPROVAL OF CLAIM WARRANTS #3045S THRU #954084F FOR THE WEEK OF AUGUST 7, 1995 IN THE AMOUNT OF $189,164.04; CLAIM WARRANTS #3194S THRU #3381F FOR THE WEEK OF AUGUST 14, 1995 IN THE AMOUNT OF $119,863.80; AND PAYROLL WARRANTS #954449 THRU #954810 FOR THE PERIOD OF AUGUST 1 THRU AUGUST 15, 1995 IN THE AMOUNT OF $423,090.91 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM SCOTT E. MAHEW ($300.00 Est.) (E) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED JULY 31, 1995 (F) AUTHORIZATION TO CALL FOR BIDS FOR THE 1995 SEWER PROJECT (G) PROPOSED RESOLUTION CALLING FOR A NOVEMBER 7, 1995, ELECTION DATE AND ADOPT BALLOT TITLE FOR THE "SHERWOOD NEIGHBORHOOD" ANNEXATION (File No. AX-95-24) (H) PROPOSED RESOLUTION CALLING FOR A NOVEMBER 7, 1995, ELECTION DATE AND ADOPT BALLOT TITLE FOR THE "FOREST GLEN NEIGHBORHOOD" ANNEXATION (File No. AX-95-85) (1) REPORT ON QUOTES TO RESURFACE SIXTH PLACE SOUTH ADJACENT TO THE ELM CONDOMINIUM CLUBHOUSE AND AWARD TO OLYMPIC PAVING, INC. ($2,999.30, INCLUDING SALES TAX) 3. (5 Min.) INTRODUCTION OF NEW SERGEANT 4. (25 Min.) DISCUSSION WITH THE RESIDENTS OF THE MARINER PLAZA BUILDING REGARDING TREES AND SHRUBS OWNED BY THE CITY OF EDMONDS 5. (45 Min.) HEARING ON AN APPEAL OF THE ARCHITECTURAL DESIGN BOARD'S DECISION APPROVING A PERMIT REQUEST BY EDMONDS SCHOOL DISTRICT FOR SITE IMPROVEMENTS TO THE SHERWOOD ELEMENTARY SCHOOL SITE LOCATED AT 22901 106TH AVENUE WEST UNDER FILE NO. ADB-95-71 (Appellant: Sharon Mirante and Jane Roberts / Applicant/Appellee: Edmonds School District No. 15) (File No. AP-95-120) 6. (5 Min.) AUTHORIZATION TO LEASE NINE (9) POLICE CARS FROM FINANCIAL CONSULTANTS INTERNATIONAL, INC. 7. (45 Min.) COUNCIL DISCUSSION ON BUDGET ASSUMPTIONS AND CONDITIONS -Continued- EDMONDS CITY COUNCIL MEETING AGENDA AUGUST 22, 1995 PAGE TWO 8. (15 Min.) AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS FOR PROFESSIONAL SERVICES ON SPACE PLANNING FOR EDMONDS FINANCIAL CENTER 9. (10 Min.) UPDATE ON LID 214 PROGRESS 10. (5 Min.) MAYOR 11. (15 Min.) INDIVIDUAL COUNCIL REPORTS/UPDATES ON RESPECTIVE BOARD MEETINGS Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this Meeting appears the following Wednesday evening at 7:00 p.m. on Channel 36, and the following Friday and Monday at noon on Channel 32.