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09/08/1987 City CouncilTHESE MINUTES SUBJECT TO SEPT 15, 1987 APPROVAL EDMONDS CITY COUNCIL MINUTES SEPTEMBER 8, 1987 (WORK MEETING) The regular meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Jack Wilson, Council President John Nordquist Steve Dwyer Laura Hall Jo -Anne Jaech Bill Kasper Lloyd Ostrom STAFF PRESENT Mary Lou Block, Planning Div. Mgr. Jack Weinz, Fire Chief Jim Barnes, Parks & Rec. Div. Mgr. Peter Hahn, Comm. Svc. Director Bob Alberts, City Engineer Bob Bower, Treatment Plant Supvr. Mike Stark, Programmer/Analyst Bobby Mills, Public Works Supt. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder CONSENT AGENDA Councilmember Jaech inquired if items (D) and (E) were one in the same item. Mayor Naughten replied affirmatively. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO COMBINE ITEMS (D) AND (E). MO- TION CARRIED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE CONSENT AGENDA. THE APPROVED ITEMS ON THE CONSENT AGENDA INCLUDE THE FOLLOWING: (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 25, 1987 AND SEPTEMBER 1, 1987 (C) ADOPTED MODIFICATION TO 8TH AVE. S. WATER PIPELINE CONSTRUCTION CONTRACT ($90,000) 7�� Lat (D) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ADB DECISION ON PROPOSED 84 UNIT APARTMENT BUILDING AT 7227 - 210TH ST. S.W. (AP-9-87/WILLIAM TSAO) CWC-HDR, INC., TREATMENT PLANT MONTHLY REPORT. Gordon Culp, CWC-HDR, Inc., reported that the project is on schedule and on budget. He said there is approximately $20,000 remaining in the budget at the present time which will be carried over to phase II. He said the predesign phase is nearly complete, and the management team is in the process of finalizing the response to value engineering. Mr. Culp said a model of the plant will be designed and constructed after the Council makes a decision on the aesthetic treatment of the plant. Mr. Culp reviewed the schedule of the project, noting that July 1, 1988 is the completion date for the design, as required by State law, and April 1, 1991 is the completion date for plant construction. Mr. Culp said he felt confident that the plant would be operational by that date. Councilmember Ostrom inquired about the significance of a decision by the Council with respect to the aesthetic treatment of .the plant in relation to the compliance schedule. Mr. Culp said al- though the Council should reach a decision within the next few weeks, there was other work that could be performed in the interim. Councilmember Ostrom said because the aesthetic aspects of the plant have been discussed very little up to the present time, he would prefer to review the issue further and render a decision in the near future. DISCUSSION OF CITIZENS ADVISORY COMMITTEE RECOMMENDATION ON DESIGN AESTHETICS FOR WASTEWATER TREATMENT PLANT � / Chris Matt, Chairman of the Citizens Advisory Committee, said the Committee was comprised of �� eight members, three residing in the City of Edmonds and five representing the participating 1 jurisdictions. He said the priorities of the Committee were to propose an efficient and aestheti- cally appealing layout for the secondary treatment plant. Mr. Matt reviewed alternative site plans via a slide presentation of the treatment plant. Mr. Matt stated that, according to recent Department of Transportation studies, Dayton Street and SR 104 is the busiest intersection in the downtown Edmonds area. Dayton Street has also become the major waterfront access route. Ferry traffic into and out of Edmonds results in about 2.5 million people moving past this intersection, with some people spending 2 to 3 hours in the area waiting. There is also an increase in pedestrian traffic. This intersection, which is the site of the new secondary treatment facility, is highly visible to residents, commuters, shoppers, business people, and tourists. New construction presents a unique opportunity to positively influence impressions of the City of Edmonds. Mr. Matt said the Citizens Advisory Committee began meeting in June to work with architect Donn Hogan and CWC engineers regarding aesthetic enhancement of the site. The following basic assump- tions were established by the group: 1) the site plan for the treatment plant should be effi- cient, as well as attractive and compatible with the City of Edmonds; 2) any amenities to be added should tie into existing projects, such as the corner flower program; 3) the cost should be reasonable and shared by all parties participating in the use of the downtown site; 4) something distinctive should be done at the intersection of Dayton Street and SR 104 because it is the entry to the City for millions of people each year; 5) amenities should provide a visual and pedestrian link from downtown to the waterfront; 6) amenities should include barriers for safety and barriers and screening to enhance aesthetic views by pedestrians, vehicle passengers, and adjacent residents. Mr. Matt said three options were designed for initial review by the Council which include a basic plan, a moderate plan, and a high end plan. Option 1 is a simple planting and fence similar to what exists at the present time. Although it provides some screening, it does not take advantage of the opportunities presented to meet the other Committee goals of enhancing visual and pedestri- an use of the site. The moderate plan, Option 2, requires additional funding of $500,000 to $900,000 to add a raised viewing platform, a water feature, a covered pergola, and more extensive plantings. The high end plan, figure 4, covered the clarifiers entirely to provide three park areas. Figure 3 responded to several suggestions by the Council and Committee regarding safety (restricted access to clarifiers), cost, handicapped access, and amenity layout. The elevated viewing platform and many levels are proposed to be replaced by covering the clarifier closest to Dayton Street for a vest pocket park and providing ramps for enhanced areas. The plant layout is the same as before with amenities concentrated on the north elevation. This solution requires only an additional 1% in funding beyond the original $39.1 million budget, or approximately $400,000. It provides a feeling of openness. It demonstrates the concern of the City of Edmonds to provide a good first impression. It promotes foot traffic because it provides a halfway rest stop for people traveling the half mile between the waterfront and downtown. It provides ample opportunity to tie in with the existing and successful flower corner park program. Eight foot barriers will restrict all access to the clarifiers and treatment plant facilities. Option 3 meets the goals set by the Citizens Advisory Committee and is recommended for approval by the Edmonds City Council. Councilmember Nordquist inquired if space will be provided for a bus turnout. Mr. Matt replied affirmatively. He said the area adjacent to the pergola would serve as a bus turnout. Councilmember Ostrom inquired how the operation of the plant would be affected if someone scaled the wall and threw an object into the clarifiers. Bud Benges, CWC-HDR, Inc., said there are devices that will remove and route heavy objects, as well as floating objects, to a pit. Mayor Naughten inquired in which option the jogging path was included. Mr. Matt replied option #3. Mayor Naughten inquired if the cost of the jogging path was $500,000. Mr. Culp replied negatively. He said the bulk of that cost was attributable to lidding of the clarifier. Councilmember Ostrom thanked the Committee for their endeavors. He said he was in favor of the recommendation of the Committee, option #3. Councilmember Kasper inquired if option #3 addressed the issue of odor control. Mr. Culp said option #3 was not part of the plant that causes odors. Councilmember Jaech said she, also, was in favor of option #3. Mayor Naughten suggested that the Council review the information that has been presented to them and then discuss the issue of cost sharing by the participating agencies at a future date. Commu- nity Services Director Peter Hahn said he sent a letter to the participating agencies approximate- ly a week ago and received a favorable response from two of the major participants stating that they did not object to sharing in the mitigation costs. He recommended that the City inform the participating agencies that option #3 was recommended by the Committee and favored by the Coun- cil, as well as the cost of that option. EDMONDS CITY COUNCIL MINUTES Page 2 SEPTEMBER 8, 1987 Councilmember Wilson inquired if the participating agencies were asked to share in the cost of the land that the secondary treatment plant will be constructed on. Mr. Hahn said the agencies were asked to share in the cost of the land that was purchased in 1984, as requested by the Coun- cil. Councilmember Wilson said it seemed illogical to request the agencies to share in the cost of the land purchased in 1984 but not the land which the secondary treatment plant will be locat- ed on. Mr. Hahn said Staff would relate that information to the agencies upon Council direction. Councilmember Hall inquired about the height of the proposed structures. Mr. Benges said none of the on -site structures will exceed the height of the peak of the clarifier, which is 25 feet above ground level. Councilmember Hall inquired what mitigating measures will be taken for the three large structures that are proposed. Mr. Benges said those structures will be relatively plain structures and may be constructed of textured concrete and are intended to serve as back- drops to the surrounding landscaping. Councilmember Kasper requested that a rendering of the plant from an easterly elevation be provid- ed to the Council, both at street level and at roof level. Councilmember Dwyer inquired if the treatment plant was a project that gives 1% to the arts. Administrative Services Director Art Housler replied affirmatively. Mr. Hahn said 1% of the arts amounts to $180,000. He noted that ordinance 1802 states that the Council has the discretion to exclude or define the interpretation of expenditure of 1% for arts. DISCUSSION AND APPROVAL OF CWC-HDR INC., DESIGN AGREEMENT PHASE II, NOTICE TO PROCEED 1 969 384 City Engineer Bob Alberts reported that it is the recommendation of Staff to authorize CWC-HDR, Inc. to proceed with phase II, with the exception of Task 23 (I), the fee establishing agreement for aesthetic treatment. Councilmember Hall inquired how much additional monies will be budgeted in 1988 beyond the $39.1 million. Mr. Alberts said additional monies would be utilized only for the remainder of the design phase, which would not be a large sum. Councilmember Nordquist inquired if sales tax was included. Mr. Alberts said there is no sales tax for design services. Councilmember Hall requested an explanation of the involvement of the value engineering team with the Metro swap. She expressed concern that the swap would involve Federal funding which would, in turn, cost the City as much as $40,000 to pursue. Mr. Hahn clarified that Staff only recently received a letter from the Department of Transportation stating that the City was able to pursue Federal funding. He said the work that has been performed to date must be amended. Councilmem- ber Hall also expressed concern that pursuance of Federal funding would require an extension of the compliance schedule. Mr. Hahn said an extension was not necessary. In response to Councilmember Hall's question, Mr. Alberts said because the Council had expressed interest in a swap with Metro and because a portion of the predesign report involved sludge man- agement, CWC-HDR reviewed an option with Metro to route Richmond Beach flows to Edmonds and Edmonds flows to Metro. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE THE NOTICE TO PROCEED WITH PHASE II WITH THE EXCEPTION OF TASK 23 (I) AND AUTHORIZE THE MAYOR TO EXECUTE AN AMENDMENT TO THE AGREEMENT REFLECTING COUNCIL ACTION. MOTION CARRIED. DISCUSSION ON RESTRICTING ALL PARKING ON 76TH AVE. W. BETWEEN 212TH ST. S.W. AND 220 ST. S.W. ��City Engineer Bob Alberts stated that the City does not allow parking on 76th Ave. W., south of 212th St. S.W., except between 218th St. S.W. and 220th St. S.W. at the present time. The street is four lanes between 212th St. S.W. and 218th St. S.W. and narrows to two lanes to allow parking south of 218th St. S.W. and then expands to four lanes again at 220th St. S.W. The restriction (four lanes to two lanes) hinders traffic flows on an arterial street, particularly during peak hours. There are approximately 15 parking spaces which would be eliminated if no parking is allowed. All but one property has a driveway and on -site parking. Mr. Alberts said*the street will be overlayed as part of the 1987 Overlay Program. If the remain- ing strip of parking is eliminated, it would be appropriate to eliminate the parking prior to restriping the street after the new overlay. Staff recommends that a public hearing be held to further discuss the issue. Councilmember Kasper inquired about the zoning in that area. Mr. Alberts replied multi -family. Councilmember Kasper said he observed that the majority of housing was for rental purposes. Councilmember Jaech suggested that all homeowners on 76th Ave. W. south of 212th St. S.W. be notified of the hearing. EDMONDS CITY COUNCIL MINUTES Page 3 SEPTEMBER 8, 1987 restriping the street after the new overlay. Staff recommends that a public hearing be held to further discuss the issue. " ` ' Councilmember Kasper inquired about the zoning in that area. Mr. Alberts replied multi -family. Councilmember Kasper said he observed that the majority of housing was for rental purposes. Councilmember Jaech suggested that all homeowners on 76th Ave. W., south of 212th St. S.W., be notified of the hearing. A hearing was scheduled on October 6, 1987 to discuss elimination of all on -street parking on 76th Ave. W. between 212th St. S.W. and 220th St. S.W. EVALUATION OF TRAFFIC CONFIGURATION AT OLYMPIC VIEW DR. AND OLYMPIC AVE. INTERSECTION (6 MONTH City Engineer Bob Alberts reported that on March 17, 1987, the Council approved Staff s plan to lb-w make modifications to Olympic View Drive at Olympic Avenue. The modifications included elimina- tion of the concrete islands and widening of the street. Mr. Alberts said widening of the street has improved traffic flows, and Staff is not aware of any problems or complaints associated with the modifications made. Councilmember Kasper said a resident informed him that he had observed over thirty cars per day making a left turn onto Olympic Avenue. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT THE RECOMMENDED ACTION. Councilmember Hall expressed concern regarding the safety of the buttons in comparison to the raised islands. She inquired about the height of the buttons. Mr. Alberts replied one inch. Councilmember Hall requested Staff to investigate the location of a tree in the subject area that could potentially create a safety hazard. Mr. Alberts said that tree was located on private property but Staff would approach the property owner. Councilmember Kasper inquired if the size of the "no left turn" sign would be increased. Mr. Alberts said if motorists continue to make left-hand turns onto Olympic Avenue subsequent to installation of the buttons, then the problem would become an issue of enforcement to be ad- dressed by the Police Department. MOTION CARRIED. City Clerk Jackie Parrett requested clarification of the motion. She noted that the recommended action was "none required". Councilmember Dwyer acknowledged Staff's recommendation as "none required". CONTINUED REVIEW OF COMPUTER EQUIPMENT NEEDS T/v Councilmember Ostrom stepped down from the dais due to a conflict of interest. Administrative Services Director Art Housler reported that on July 7, 1987, the City Council acknowledged the need for additional computer equipment. However, a comparison of "compatibles" was requested by the Council before acquisition. Mr. Housler noted that only one company was found to have cloned the IBM display station. The price of the equipment manufactured by Decision Data is $989 (WIT) compared to IBM's price of $1,413 (W/T), which is a difference of $424. When considering the annual maintenance and life expectancy ($48 x 8 yrs), there is only a total difference of $40. The Data Processing Committee did not believe such a nominal savings warranted the purchase of the Decision Data display sta- tions because dependability, reliability, and proven maintenance are crucial to a computer sys- tem. IBM has a reputation for excellent maintenance. Subsequent to discussions of the issue with college computer instructors, field computer engi- neers, and sales people, Staff learned that all so-called compatibles are not 100% compatible. Some are as low as 50% compatible. Through an elimfnation process, the Committee identified a PC that is 100% compatible called COMPAQ. An extensive comparison was made to the IBM PC. The basic COMPAQ model, which includes sales tax and maintenance service for eight years, is $1,384 more than the IBM. Because of the price differential and less options, the Committee did not recommend purchase of COMPAQ equipment. Councilmember Jaech inquired if the laser printer was necessary for the Public Works Department. Community Services Director Peter Hahn replied negatively. He said the laser printer will be EDMONDS CITY COUNCIL MINUTES Page 4 SEPTEMBER 8, 1987 utilized in the Community Services Department which would, in turn, transfer one of its "Y" car- riage high speed printers to the Public Works Department. Councilmember Jaech inquired if the figure of $40,037, as indicated on Exhibit III, was for pur- chase of equipment via the State purchasing contract. Mr. Hahn replied affirmatively. Council - member Jaech inquired if PacTel was apprised that their quote was higher than the State con- tract. Computer Programmer Mike Stark replied affirmatively. Councilmember Nordquist inquired about the source of funding for the purchase of requested equip- ment. Mr. Housler replied the General Fund, noting that the General Fund year-end cash carryover had been transferred to the Building Maintenance Fund. He proposed making this expenditure from those uncommitted monies. Councilmember Nordquist noted that Staff has requested that at least $20,000 be appropriated for computer equipment needs. He inquired if the purchase of that equip- ment would be on a priority basis in accordance with departmental needs. Mr. Housler said it was Staff's impression that all equipment indicated on Schedule "C" would be approved. Councilmember Kasper inquired if the requested funding included the cost of undergrounding comput- er wires. Fire Chief Jack Weinz said he believed all computer lines were already underground. Councilmember Jaech expressed concern that the suggested source of funding was the Building Main- tenance Fund because she said she was under the impression that the Plaza Room building was in need of extensive repairs. She inquired if that issue has been addressed. Mr. Hahn said the repair that was necessary was very minimal. He noted that unanticipated maintenance funds were available in line 62 of the Buildings budget. Councilmember Wilson inquired if the present request for computer equipment would satisfy the needs of the City for some time. Mr. Hahn replied affirmatively. He said he did not foresee any major growth in the Public Works Department that would require the need for additional equipment for at least two years. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO ALLOCATE $20,000 FOR THE PUR- CHASE OF REQUESTED COMPUTER EQUIPMENT; THE REMAINING COMPUTER EQUIPMENT IS CONSIDERED IN THE FOURTH QUARTER DURING THE BUDGET PROCESS; AND THAT MAINTENANCE BE PURSUED FOR THOSE ITEMS AS APPROPRIATED IN FUND 411 OR FUND 412. Councilmember Kasper inquired where the funds would be derived from. Councilmember Nordquist replied Fund 116 (Building Maintenance Fund). Councilmember Wilson favored funding source Fund 116 at the present time but recommended that appropriation of monies from that fund be discussed during the budget process. MOTION CARRIED WITH COUNCILMEMBER DWYER AND COUNCILMEMBER KASPER OPPOSED. Mr. Housler requested clarification that the funding source for computer equiptment of $20,000 would be derived from Fund 116 and $3,785 for the PC for the treatment plant from Fund 411. Councilmember Kasper noted that the motion did not identify a source of funding. CONCILMEMEQUIPMENTBFROM�THEE COUNCID�CONTINGENSECONDEDY BFUND COUNCILMEMBER CARR EDDQUIST, TO FUND WITH COUNCILMEMBERO,000 FOR COMPUTER DWYER OPPOSED Councilmember Jaech requested Staff to provide the Council with a report regarding the state of repair of the library building. Mayor Naughten inquired if the PC for the treatment plant was included as part of the request. Mr. Hahn replied affirmatively. He said he understood that the funding source for that equipment would be Fund 411 or Fund 412. Councilmember Hall requested Staff to provide the Council with information regarding any antici- pated computer equipment needs for the year 1988. DISCUSSION AND AUTHORIZATION OF PROPOSED BALLOT QUESTION FOR NOVEMBER ELECTION RE: 5 IL1l d4 Mayor Naughten stated that Staff has researched the questions raised by the City Council at its September 1 meeting regarding the financial and procedural aspects of the proposed ballot issue for a Pavement Management Program. The Excess Levy, which is preferred by Administration and, apparently, by the Council as well, is authorized by RCW 84.52.052 and the electoral procedure is specified in RCW 84.55.050. As ap- prised by Staff on September 1, a simple majority is needed for passage. The City Attorney has also advised that no special hearings are necessary. Administrative Services Director Art Housler advises that the levy rate would be within statutory limits. EDMONDS CITY COUNCIL MINUTES Page 5 SEPTEMBER 8, 1987 Mayor Naughten said it is the recommendation of Staff that Program 2 be placed on a ballot issue as a five-year excess property tax levy on the November 3, 1987 General Election. He said it is Staff's judgment that an approval in November would allow the City to begin the program in early 1988. He said a spring election may be too late to allow any projects to commence in 1988. Mayor Naughten said other ballot issues in 1988 should also be considered. For example, sharing a ballot with the School District poses a potential problem. Mayor Naughten said Program 2 has a total cost of $6,774,500, which translates to a yearly cost of $1,354,000 over five years. This computes out to $1.15 a year per $1,000 of assessed valua- tion, or $115 a year for five years per house valued at $100,000 on an excess levy. Councilmember Kasper expressed concern that the Council has approved the expenditure of monies in the past but work has never commenced on particular projects. Community Services Director Peter Hahn said there are at least two elements in the 1988 budget that Staff intends to present to the Council which revolve around the results of the ballot. He said staffing levels will be project- ed in order to undertake those projects. Councilmember Kasper pointed out that work scheduled on a five-year incremental basis could be ceased at a three-year period if funded by an excess levy. City Attorney Scott Snyder stated that the 1986 amendment to the State statute provides an automatic expiration date as well as a limited purpose. Councilmember Wilson inquired if the levy would allow the City to match funds of citizens if they desired to upgrade their street beyond chip sealing. Mr. Hahn said an upgrade beyond chip seal- ing could be accomplished via an L.I.D. assessment but could not be determined in advance of an L.I.D. procedure. Mayor Naughten inquired if the City could sent out more detailed information to each homeowner clarifying the intent of the Pavement Management Program. Mr. Snyder replied affirmatively. Councilmember Hall inquired if chip sealing could be done during the rainy season to eliminate the dust. She also inquired if the project cost was based on a chip seal program. Mr. Hahn said Program 2 was based on a chip seal program. City Engineer Bob Alberts said dust was an element of chip sealing and could not be avoided. Councilmember Nordquist expressed concern that the project may commence as early as next year if the ballot is approved but the City will not receive full funding until October of next year. He pointed out that the program is really a six year program and not a five year program. Councilmember Jaech said it was her understanding that staffing levels, as well as definition and scope of the work, would be defined in the interim if the Council authorized placement of the issue on the November ballot. Mr. Hahn concurred. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DIRECT THE CITY ATTORNEY TO DRAFT A RESOLUTION FOR PLACEMENT OF THE PAVEMENT MANAGEMENT PROGRAM ON THE NOVEMBER 1987 GENERAL ELEC- TION BALLOT TO BE REVIEWED BY THE COUNCIL ON SEPTEMBER 15, 1987. MOTION CARRIED. AUTHORIZATION TO NEGOTIATE CONTRACT FOR RECORDING COVENANTS FOR CITY OF EDMONDS TO RESOLVE MEA- DOWDALE LEGAL PROBLEMS Community Services Director Peter Hahn reported that the Meadowdale Citizens Committee, which ,�..� includes the City Attorney and himself, had included in its previous recommendations to the City Council a provision for a City-wide blanket recording of all potential hazardous conditions. The concept is intended to overcome the objection to the original requirement of recording the Meadow - dale covenants; namely, that these would place a "cloud" on property titles in that area. A City-wide recording would not single out any geographic area or any single class of hazard. Mr. Hahn said the Council authorized an RFP from title companies but only one was received. Ticor Title Company offered to do the recording for $125,000, which was considerably more than the $25,000 to $50,000 range Staff had hoped for. Mr. Hahn said Mr. Lantz of the Committee has been helpful in trying to locate a firm to do the recording for a lower cost. Mr. Lantz has requested authority from the Council to enter into negotiations with the firm of Maas & Lantz. Mike Lantz, Lots 3 and 4, Block 28, Meadowdale, stated that one of the major issues the Meadow - dale Citizens Committee has raised and partially resolved is the issue regarding the language to be recorded on the titles to properties within the City limits. The language was developed by the City Attorney and was approved by the Committee, but the method of recording has proven to be a road block. EDMONDS CITY COUNCIL MINUTES Page 6 SEPTEMBER 8, 1987 Mr. Lantz said it was his understanding that an RFP was received at a cost of $125,000. Subse- quently, he and his law partner conducted further work on the matter and developed a method of accomplishing the recording without being overly complex and at a lower cost. Mr. Lantz said he has negotiated a price of $50,000 for the recording to encompass the entire City as long as the City Council passes the appropriate ordinances to authorize not only the contract but specific authority to record the appropriate language and documents. Mr. Lantz said he suspected the project would encompass a two to four month period. Councilmember Kasper inquired if similar language as proposed is presently included on titles. Mr. Lantz said although he is not aware of any specific language, there are references in title policies. City Attorney Scott Snyder clarified that most standard title insurance policies spe- cifically exclude zoning and other local regulatory matters. He said the proposed language would be of record in someone's title but may not appear on many title reports because most title compa- nies exclude that as an area of coverage. Mr. Snyder said one of the reasons blanket recording was proposed for each and every property was so that it would be included in title reports. Councilmember Hall referred to Exhibit "A" - Notice: Existence of Regulated Areas and Hazardous Conditions within the City of Edmonds. She inquired if that language was all encompassing. Mr. Lantz replied affirmatively. He said the question was whether or not there is notice to prospec- tive purchasers. He said if the language was recorded it would constitute that specific notice. Mr. Snyder said the Committee discussed the issue with a representative from Ticor Title Company who indicated no problem with the language but viewed the issue as a zoning -type of regulation and said Ticor would probably include the language with a stock reference but exclude it from coverage. Councilmember Ostrom expressed concern that only one company responded to the RFP and that Staff had not ascertained the opinion of the effectiveness or feasibility of the proposed indemnifica- tion clause from other companies. Councilmember Hall inquired how the RFP was worded. Mr. Hahn said the RFP solicited to the pub- lic, in general, and included the language in Exhibit A and requested that a proposal be sent to the City for recording the statement on the titles of all properties in the City. Councilmember Kasper inquired if Staff contacted individuals or entities that did not respond to the RFP. Mr. Hahn replied affirmatively. He said he was under the impression that other compa- nies were not interested because of the extent of the scope of work and because interest rates were lower at that particular time of year, which created heavier workloads. Mr. Snyder said negotiations could be broad, narrow, and limited to a specific company if the Council so desired. He said Staff was at a disadvantage with the RFP that was solicited because he said the RFP was followed up with telephone calls and little response was received. Councilmember Dwyer inquired what Staff was requesting of the Council. Mr. Hahn replied author- ization to negotiate with Norman Maas of the firm Maas & Lantz. Councilmember Dwyer inquired why RFP's were solicited to title companies and not to law firms. Mr. Snyder said notice was mailed to title companies because of ease of reference in the yellow pages. He said, however, the Coun- cil could authorize Staff to negotiate on a broad or narrow basis. Councilmember Dwyer expressed concern regarding the obscurity of the scope of work as proposed by Maas & Lantz. Mr. Lantz said although he could sympathize with Councilmember Dwyer's concerns, he said the issue was taking an extraordinary amount of time and he urged the Council to take immediate action. He said the methodology and blanket language was agreed on by the Meadowdale Citizens Committee nine months ago. Councilmember Dwyer said he needed additional information to justify a $50,000 expenditure. Councilmember Hall inquired if the $50,000 was a maximum fee and of which the actual fee may even be less. Mr. Lantz said his partner was prepared to sign a contract for $50,000. Councilmember Hall inquired about additional expenditures to solicit more response. Mr. Snyder suggested that the Council consider a motion to authorize Staff to negotiate with the firm of Maas & Lantz as well as other providers; and to bring back a recommendation for a contract in conjunction with the budget process for funding in fiscal year 1988. Mr. Snyder said he was unsure of the costs to undertake such a process. Councilmember Jaech requested assurances from the City Attorney that a conflict of interest would not arise in the event that a Meadowdale resident was affiliated with a firm that the City select- ed to undertake for the recording process. EDMONDS CITY COUNCIL MINUTES Page 7 SEPTEMBER 8, 1987 Councilmember Hall reiterated herl,.concern regarding an expenditure that could exceed $50,000. Mr. Hahn said upon selection of an"entity or .individual, the proposal and dollar amount would be presented to the Council for approval. Councilmember Ostrom reiterated his concern that only one response was received to the RFP and that the Council had no further input regarding the effectiveness or feasibility of the proposed indemnification clause. He inquired if Mr. Snyder recommended the proposed language as an effec- tive means of indemnifying the City. Mr. Snyder replied affirmatively. Bob Anderson, North Meadowdale Road, urged the Council to take immediate action. Roger McCorkle noted that the Washington Cities Insurance Authority representative stated that the proposed language was effective. He pointed out that the firm of Maas & Lantz could perform the same task for $50,000 as opposed to $125,000 by Ticor Title Company. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO AUTHORIZE STAFF TO NEGOTIATE WITH NORMAN MAAS OF THE FIRM MAAS & LANTZ AS WELL AS OTHER SERVICE PROVIDERS AND TO REPORT BACK TO THE COUNCIL AS PART OF THE FISCAL YEAR 1988 BUDGET PROCESS THE RECOMMENDATION OF A PROVIDER, A CON- TRACT, AND A COST FOR THE SERVICES WITHIN FORTY-FIVE DAYS. Councilmember Nordquist inquired about the criteria for selection of a service provider. Mr. Snyder clarified that the solicitation was a Request for Proposals as opposed to a bid. Councilmember Jaech recommended that the RFP be sent out to consultants, in general, and not to any particular type of service provider in order to avoid any question of appearance. COUNCILMEMBER JAECH MOVED TO AMEND THE MOTION TO DELETE A SPECIFIC FIRM BY NAME FROM THE MOTION. COUNCILMEMBER WILSON AND COUNCILMEMBER HALL AGREED. MOTION CARRIED. REPORT ON EMPLOYEE VOTE REGARDING MEBT HARDSHIP WITHDRAWALS Administrative Services Director„ Ar-t Housler reported that on July 14, 1987, the City Council 7j�BT approved a motion which required all MEBT members to execute a YES or NO ballot as to whether employee hardship withdrawals should' be included in the plan. He said 78 employees voted in favor of the withdrawal;,75 against; 10 abstained; and 7 members did not submit a ballot. Councilmember Kasper inquired if the' seven members who did not submit ballots where the Council members. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ALLOW THE HARDSHIP WITHDRAWALS. Councilmember Jaech inquired if the questions raised by the Police and Fire Departments and unions have been addressed. Mr. Housler replied affirmatively. MOTION CARRIED. COUNCIL Council President Wilson reminded the Council that the Mayor will not be presenting his prelimi- nary budget until November 1. Councilmember Hall announced the Candidate Fair on Thursday night at 7 o'clock at the Edmonds Methodist Church which is sponsored by AAUW, League of Women Voters and the Methodist Church Women's Group. Councilmember Dwyer noted that the student representatives have chosen to go out on strike at the same time as the teachers strike. He inquired if a student representative would be selected to 2[p serve on the Council in the near future. City Clerk Jackie Parrett said she contacted the school principal last week. He said a line of communication was still open amongst teachers and stu- dents and that he would contact her in the near future. Ms. Parrett said she has not received any response yet. Councilmember Nordquist referred to the information circulated by the Council President entitled "Budget Suggestions for 1988". He .noted that. one copy was complimentary but additional copies were available at $5 each. Ms. Parrett said Staff would make copies for the Council. The meeting adjourned at 9:35 p.m. The minutes are subj0,toSpptember 15, 1987 approval. JACQUGUNE G. PARRET, City.Clerk LL RRY. S. AUGHTEN, yo EDMONDS CITY COUNCIL MINUTES Page.8 SEPTEMBER 8, 1987 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. SEPTEMBER 8, 1987 WORK,MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER. FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 25, 1987 AND SEPTEMBER 1, 1987 (C) PROPOSED MODIFICATION TO 8TH AVE. S. WATER PIPELINE CONSTRUCTION CONTRACT ($90,000) (D) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ADB DECISION ON PROPOSED 84-UNIT APARTMENT BUILDING AT 7227 210TH ST. S.W. (AP-9-87/WILLIAM TSAO) (E) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ADB DECISION ON PROPOSED 84-UNIT APARTMENT BUILDING AT 7227 210TH ST. S.W. (AP-9-87/WILLIAM TSAO) 2. CWC-HDR, INC., TREATMENT PLANT MONTHLY REPORT (15 MINUTES) 3. DISCUSSION OF CITIZENS ADVISORY COMMITTEE RECOMMENDATION ON (30 MINUTES) DESIGN AESTHETICS FOR WASTEWATER TREATMENT PLANT 4. DISCUSSION AND APPROVAL OF CWC-HDR, INC., DESIGN AGREEMENT, (10 MINUTES) PHASE II, NOTICE TO PROCEED ($1,969,384) 5. DISCUSSION ON RESTRICTING ALL PARKING ON 76TH AVE. W. BETWEEN (10 MINUTES) 212TH ST. S.W. AND 220TH ST. S.W. 6. EVALUATION OF TRAFFI.C.CONFIGURATION AT OLYMPIC VIEW DR. AND ( 5 MINUTES) OLYMPIC AVE. INTERSECTION (6-MONTH REVIEW AFTER MARCH REVISION) 7. CONTINUED REVIEW OF COMPUTER EQUIPMENT NEEDS (20 MINUTES) 8. DISCUSSION AND AUTHORIZATION OF PROPOSED BALLOT QUESTION FOR NOVEMBER (15 MINUTES) ELECTION RE 5-YEAR EXCESS PROPERTY TAX LEVY FOR ROADS RESURFACING 9. AUTHORIZATION TO NEGOTIATE CONTRACT FOR RECORDING COVENANTS FOR CITY (10 MINUTES) OF EDMONDS TO RESOLVE MEADOWDALE LEGAL PROBLEMS 10. REPORT ON EMPLOYEE VOTE REGARDING MEBT HARDSHIP WITHDRAWALS (15 MINUTES) 11. MAYOR 12. COUNCIL THE -PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE