19770524 City Council MinutesSO
REPORT ON BIDS OPENED MAY 10 ON LID 198, PAVING LAUREL WAY (9:40 p.m.) •
Public Works Director Leif Larson reported that three bids had been received, the lowest being
45% over the engineer's estimate, so he recommended.that all bids.be rejected. He said the Public
Works Department is examining various alternatives for proceeding with the work and will make a
MOTION: recommendation to the Council on May 24. A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY
COUNCILMAN ANDERSON, TO REJECT ALL BIDS RECEIVED, PER THE MEMORANDUM FROM THE DIRECTOR OF PUBLIC
WORKS. MOTION.CARRIED.
AMENDMENT TO ENGINEERING CONTRACT FOR SEWER SYSTEMS EVALUATIONS - 201 FACILITY PLANNING STUDY (9:41 pm)
Public Works Director Leif Larson reported by memorandum that the Reid, Middleton & Associates
study had pinpointed various.areas in need of detailed study by smoke testing and television
viewing to determine exact infiltration and inflow points in the "subject project. Mr. Larson
indicated the services of Reid, Middleton were needed to supervise the contractor and compile
the information collected. He said 90% of the financing would come from grants and the remaining
10% from local agency sewer funds. He recommended that the Council authrize the Mayor to execute
the contract with Reid, Middleton in the amount of $14,000. A MOTION WAS MADE BY COUNCILMAN HERB,
SECONDED BY COUNCILMAN GOULD, TO AUTHORIZE THE MAYOR TO EXECUTE THE AMENDMENT TO CONTRACT FOR
ENGINEERING SERVICES FOR A FACILITY PLANNING STUDY WITH REID, MIDDLETON & ASSOCIATES IN THE AMOUNT
OF $14,000. MOTION -CARRIED. Councilman Carns reminded the Public Works Director of a previous
request for review of engineering charges by Reid, Middleton.
There was no further business to come before the Council, and the meeting adjourned at 9:45 p.m.
U
IRENE VARNEY MORAN, C&ty Clerk
May 24, 1977
H. H. HARRISON, Mayor •
The regular meeting of
the Edmonds City Council
was called to order at 7:30 p.m. by Mayor Harve
Harrison in the Council
Chambers of the Edmonds
Civic Center. All present joined in the flag salute.
PRESENT
ABSENT
STAFF.PRESENT
Harve Harrison, Mayor
John Nordquist
J. Herb Gilbo, M. A. A.
Ray Gould
Leif Larson, Public Works Director
Phil Clement
Joe Wallis, Community Development Director
Max Gellert
Irene Varney Moran, City Clerk
Robert Anderson
Lila Crosby, Finance Director
Tom Carns
Jack Cooper, Fire Chief
Mike Herb
Don Burton, Buildings & Grounds Superintendent
John Wallace, City Attorney
Wayne Tanaka, City Attorney
Jackie Parrett, Deputy City Clerk
CONSENT AGENDA_ (7:31
p.m.)
Councilman Gellert asked that Item (C) be removed from the Consent Agenda for comment. A MOTION •
WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN CLEMENT, TO APPROVE THE BALANCE OF THE
CONSENT AGENDA.- MOTION CARRIED. The balance of the Consent Agenda contained the following:
(A)
Roll Call.
(B)
Approval of Minutes of May 17, 1977.
(D)
Adoption of Resolution 376, authorizing application to IAC for
funding assistance for Haines property acquisition.
(E)
Confirmation of Mayor's appointments of Gordon Rosier and
Bob Pantley to Positions 4 and 6, respectively, of the Citizens
Shorelines Management Advisory Committee, terms to expire June 2,
1980 and June 2, 1978, respectively.
(F)
Acknowledgment of receipt of Claim for Damages from Randy E. Zielsdorf
in the amount of $200.
PROPOSED RESOLUTION 375,
TRANSFERRING FUNDS FROM CONTINGENCY TO GENERAL FUND FOR MICROPHONE SYSTEM,
APPRAISAL SERVICES, AERIAL PHOTOS, AND PRELIMINARY TITLE REPORT FOR HAINES PROPERTY ACQUISITION
,
Item (C) on Consent Aqenda
Councilman Gellert's comment had to do with the microphone system and did not reflect on the proposed
resolution. He had recently been at the United States Senate and noted that the microphone system
they use has the instruments on the bench and when the speaker is ready to talk he connects the
instrument to his upper clothing. Councilman Gellert said it was a magnificent sound system, and
he suggested such a system might be considered when replacing the present one in the Council Chambers.
A MOTION WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT ITEM (C) ON THE
CONSENT AGENDA BE APPROVED, PASSING RESOLUTION 375, TRANSFERRING FUNDS FROM THE CONTINGENCY FUND TO
May 24, 1977(Continued)
81
MOTION:
1
E
THE GENERAL FUND FOR MICROPHONE SYSTEM, APPRAISAL SERVICES, AND AERIAL PHOTOS AND PRELIMINARY TITLE
REPORT FOR THE HAINES PROPERTY ACQUISITION. MOTION CARRIED.
COUNCIL(7:35 p.m.)
Councilman Gould commented that Gordon Rosier and Bob Pantley, the two new appointees to the Citizens
Shorelines Management Advisory Committee, had been interviewed by the Council just prior to this
evening's meeting. He introduced Bob Pantley who was in the audience. Councilman Gould also had a
letter from Pat McMahan regarding a performing arts center for South.Snohomish County in which Mr.
McMahan asked for a resolution from the Edmonds City Council in support of a major performing arts
center for South Snohomish and North'King Counties., to be located on the 160 acre former Alaska
Communications Sytem site which is presently jointly owned by the Edmonds School District and Edmonds
Community College. Councilman Gould read aloud the proposed resolution. A MOTION WAS MADE BY
COUNCILMAN GOULD, SECONDED BY COUNCILMAN CARNS, THAT THE EDMONDS CITY'COUNCIL GO ON RECORD AS
AFFIRMING THEIR SUPPORT OF THE PROPOSED PERFORMING ARTS CENTER. Councilman Gellert commented that he
had seen publicity about both the Edmonds site and the Federal Way site, and he felt neither.was a
good site because they are both in highly developed communities with very little scenic beauty, not
enough parking, and poor .access. He felt it should not be combined with a summer arts festival, even
though a performing arts center is needed. THE MOTION CARRIED, WITH COUNCILMAN GELLERT ABSTAINING.
Councilman Gould referred to the April 27 Safety Committee Minutes which reflected that the City had
a WISHA inspection and had three violations, one of which was failure to develop, distribute, and
enforce a written procedure to include but not limit to planning, general precautions, evaluation of
hazards, ventilation requirements, personal protection, isolation, and responsibilities for personnel
to enter into confined spaces. He said he felt a speedy development of this should be accomplished
and that he had a personal interest in it and would like to.attend the May 25 meeting if it was going
to be discussed. Don Burton replied that it would be and that Councilman Gould would be most welcome.
Councilman Gellert commented that.88th St., between 188th and 192nd, is marked as being hazardous on
the east side, and that -it —appears to be sinking. Public Works Director Leif Larson said he would
investigate this and report back on it.
CORRESPONDENCE
(7:45 p.m.)
A petition had been received requesting that a stop.light be installed at the intersection of 9th, 196th,
Olympic View Drive, and Puget Way. Public Works Director Leif Larson said this would be investigated and
he noted that the accidents that had occurred there have had to do withdriver error. He said they might
consider a stop light that works during school hours. Councilman Gellert suggested a three-way stop with
flashing red light. Bill Gouge of 848 Puget Way said his wife had written the petition and submitted it,
and he said the traffic coming down the hill is very dangerous at all times. He was in favor of the
three-way stop and flashing red light because that would slow down the traffic. He also -favored another
one around the corner at 9th and Puget Way. Councilman Gellert did not agree with installation of a
second flashing red light, feeling that would be overkill. Mr. Larson said that whatever is done, the
State will have final approval because it is,a State highway. Mrs. Gouge then introduced Thelma Chapman
whose sleeping quarters abut almost on the highway and who had two a-cidents occuring there. Mrs. Gouge -
said it was very disconcerting for Mrs. Chapman to go to bed and know that traffic might go through her
MOTION: driveway and sleeping quarters. Mrs. Gouge asked serious consideration of this matter. A MOTION WAS
MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT THE MATTER.OF THE PETITION AND TRAFFIC
SITUATION AT OLYMPIC VIEW DRIVE AND 196TH BE PLACED ON THE JUNE 28 AGENDA. MOTION CARRIED.
DISCUSSION RE BENCHES - SENIOR CITIZENS (7:58 p.m.)
0
MOTION:
[1
MOTION
Owen Stanley of 233 North Third, spoke in favor of installation of additional benches in the downtown
area for the benefit of senior citizens. He presented a list of suggested locations for additional
benches. Buildings and Grounds Superintendent Don Burton displayed a map of the downtown area indicat-
ing apartment buildings, public buildings, parks, churches, and proposed and existing benches. His
plan proposed 28 additional benches. Mr. Burton said each bench costs approximately $300 to install.
He said he had been awaiting input from the senior citizens to see where they felt additional benches
should be installed. Councilman Clement commented.that there will be covered benches along the bus
routes and they should be taken into consideration before installing new benches. Captain Floyd Smith
of 814 Dayton commented that many of the Metro stops have shelters but not benches. Councilman Carns
felt this wash budget item and should be held in abeyance.until budgeted. Councilman Gellert thought
it.wassomething that was just overlooked, and he thought.walking.should be encouraged. A MOTION WAS
THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN.CLEMENT, TO INSTRUCT THE CITY ATTORNEY TO
DRAFT A RESOLUTION TO TRANSFER $1,800 FROM THE CONTINGENCY FUND TO THE GENERAL FUND FOR THE INSTAL-
LATION OF SIX BENCHES AT THE HIGHEST PRIORITY LOCATIONS, TO BE MUTUALLY AGREED UPON BY THE PUBLIC WORKS
DEPARTMENT, PLANNING DEPARTMENT, AND SENIOR CITIZENS GROUP. MOTION CARRIED .WITH COUNCILMAN CARNS
VOTING NO. (Councilman Herb had advised the Clerk that he would have to leave the meeting for a short
period. He left following this vote, 8:15 p.m. and returned at 8:32 p.m.)
STREET USE PERMIT APPLICATION FOR SIGN - ROBERT HOLT, 10116 EDMONDS WAY (8:15 p.m.)
Public Works Director Leif Larson indicated the applicant wished to place a business.sign in a portion
of the right-of-way between the back of the sidewalk and the property line, and that the location
would not cause interference with utilities or driveway sight distances. He said it had been before
the Amenities Design Board, and he -recommended approval. A MOTION WAS MADE BY COUNCILMAN ANDERSON,
SECONDED BY COUNCILMAN CARNS, TO APPROVE THE STREET USE PERMIT:APPLICATION FROM ROBERT HOLT. MOTION
CARRIED, WITH COUNCILMAN HERB NOT PRESENT.
REPORT ON BIDS OPENED MAY 17 FOR PURCHASE OF S.IX VEHICLES (8:16 p.m.)
Public Works Director Leif Larson reported that two proposals had been received but one.had not been
accompanied by a bid bond. He had -submitted a .report of the bids and he recommended award to the
bidder who conformed to the contract documents and the State Code.. He said the Mayor recommended
otherwise, however. Mayor Harrison said the City Attorney had advised him that the bid bond could be
waived and that, in addition, this type of material does not have to be purchased by bid. Inasmuch
as there was a substantial amount to be saved by awarding to the bidder who had not submitted a bond,
XTI
MOTION: Mayor. Harrison felt the City should take advantage of that savings. A MOTION WAS MADE BY COUNCILMAN
•
CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY ACCEPT THE BID OF SEA-TAC FORD TRUCK SALES,
INC., FOR ONE 22 TON DUMP TRUCK AT THE PRICE OF $12,264 PLUS SALES TAX: AND THAT THE CITY ACCEPT THE
BID OF TOM CHAPMAN FORD FOR THE BALANCE OF THE VEHICLES IN THE AMOUNT OF $28,181 PLUS SALES TAX: AND
THAT THE COUNCIL WAIVE THE REQUIREMENT OF A BID BOND FROM TOM CHAPMAN FORD. Discussion followed
regarding the bid bond requirement. City Attorney John Wallace advised that the bid process was.not
required at all and that a contract could be awarded to purchase the vehicles. He said that if there
was -concern, all the bids could be rejected and then a contract awarded. It was generally agreed
that the bid process should be continued to be used, but that efforts should be made to get the
lowest prices and if that could be done without requiring a bid bond it would be better.to do it
that way. MOTION CARRIED, WITH COUNCILMAN GOULD VOTING NO, AND WITH COUNCILMAN HERB NOT PRESENT.
RIGHT -OF -WAY -PERMIT AND UTILITY CHARGES: WATER LINE FOR LAEBUGTEN WHARF, INC. (8:30 p.m.)
Public Works Director Leif Larson reported that the Laebugten Wharf addition required a new
water service for the fire protection system, and a portion of the line lying within the railroad
right-of-way will be owned and maintained by the City, so a permit from the railroad for the use of
their right-of-way was required. He recommended that the Mayor be authorized to enter into the
Right -of -Way Use Agreement with the railroad. The railroad would charge a customary rental fee,
and Mr. Larson recommended this, in turn, should be charged to Laebugten Wharf. A MOTION WAS
MADE BY'COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, THAT THE CITY ACCEPT THE RECOMMENDATION
OF THE DIRECTOR OF PUBLIC WORKS IN THIS REGARD, THAT THE MAYOR BE AUTHORIZED TO ENTER INTO THE
RIGHT-OF-WAY USE AGREEMENT WITH THE RAILROAD, AND THAT LAEBUGTEN WHARF BE CHARGED THE COSTS OF THE
RIGHT-OF-WAY RENTAL PERMIT, PRORATING IT ON THE BIMONTHLY CITY UTILITY BILLING AT $1.50 PER MONTH
FOR THE FIRST FIVE YEARS AND $ .85 PER MONTH THEREAFTER. MOTION CARRIED. (Councilman Herb had
returned during this discussion.)
RECOMMENDATION BY DIRECTOR OF PUBLIC WORKS ON ALTERNATIVES FOR PROCEEDING WITH PAVING OF LAUREL
WAY - LID 198 (8:34 p.m.)
Director of Public Works Leif Larson offered the alternatives of (1) readvertising for bids,
•
hoping to either have reduced bids from the same contractors or to attract new bidders; or,
(2) proceed, with the City acting as general contractor, doing a portion of the construction work,
and negotiating arrangements with contractors for specialized work such as, curbing and paving.
Mr. Larson felt the second alternative was the better one, and he said,the City forces could
MOTION: handle the project with a minimum adjustment of projected workloads. A MOTION WAS MADE BY COUNCILMAN
CARNS, SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY AUTHORIZE THE PUBLIC WORKS DEPARTMENT TO PROCEED
WITH LID 198 UNDER THE DIRECTOR'S RECOMMENDED SECOND ALTERNATIVE, WITH THE PUBLIC WORKS DEPARTMENT
REQUESTING PROPOSALS FROM SPECIALTY CONTRACTORS WHERE NECESSARY,'COMPLYING WITH STATE LAW FOR
REQUIRING PUBLICATION OF NOTICE OF WORK TO BE DONE. MOTION CARRIED.
PROPOSED AGREEMENT FOR PARTICIPATION WITH STATE HIGHWAY DEPARTMENT ON HIGHWAY 99 IMPROVEMENTS (8:38
p.m.)
Public Works Director Leif Larson reported that the District Engineer from the Washington State
Highway Department had requested the City of Edmonds to enter into an agreement for its pro rata
share of the channelization work on Highway 99 from 228th St. S.W. to SR 524 in Lynnwood. Mr.
Larson explained by memorandum charges that would be made to Edmonds amounting to $19,469.97. He
said the City could pursue action to avoid participation, but it was not in the best legal position
to do that. City Attorney John Wallace added that the State could take the City's 1/2 cent gas tax
funds to pay for theimprovement if th eCity refused to participate. Mr. Larson recommended the City =
participate, and his memorandum indicated how funding would be accomplished. Councilman Carns
expressed the view that the State mandates a budget be utilized and it should not be permitted to
MOTION: upset the budget halfway into the year. COUNCILMAN CARNS THEN MOVED, SECONDED BY COUNCILMAN
GELLERT, THAT THE RECOMMENDATION OF THE DIRECTOR OF PUBLIC WORKS BE FOLLOWED IN THIS MATTER AND THAT
THE MAYOR BE AUTHORIZED TO EXECUTE THE AGREEMENT WITH THE WASHINGTON STATE HIGHWAY COMMISSION.
MOTION CARRIED.
PROPOSED ORDINANCE REQUIRING APPROVAL OF SEPTIC SYSTEM DESIGNS (8:45 p.m.)
Public Works Director Leif Larson said this proposed ordinance was for the purpose of more
coordinated building permits and control, and for the benefit of the builder or property owner so
he does not go to the expense of developing plans and then discover the septic tank permit won't
be approved because the soil won't perc. Under the proposed ordinance the septic tank system design
must be approved prior to receiving a building permit. He recommended approval. A MOTION WAS MADE
BY COUNCILMAN HERB, SECONDED BY COUNCILMAN GELLERT, THAT ORDINANCE 1919 BE ADOPTED, REQUIRING APPROVAL
OF SEPTIC SYSTEM DESIGNS PRIOR TO ISSUANCE OF A BUILDING PERMIT. MOTION CARRIED.
PROPOSED DRAINAGE ORDINANCE (8:50 p.m.)
Public Works Director Leif Larson recommended approval of the proposed Drainage Ordinance except
for the appeals procedure. He had checked with other municipalities and found that the usual
procedure on appeal was -either to the City Council or the County Commissioners. Mr. Larson felt
that the Public Works Director, Mayor, and City Council are the only ones responsible for budgeting
for future maintenance and operations of the accepted public works facilities, so they should not
relinquish the authority and final decisions on public facilities to a process which bypasses the
elected officials. Community Development Department Director Joe Wallis, however, expressed the
view that it is up to the administrators to establish the administrative policy with the appeals
to the Board. He felt there is merit in relieving the Council of appeal hearings on technical
and administrative matters. He said that is the way it works with other boards and commissions
and that it was pertinent here. Further, he cited Section 12.17.130 of the proposal which
stated that the Public Works Director could waive some development restrictions, and he said
this was a Board of Adjustment responsibility and should remain so. There was some discussion
on this point, and then the discussion was opened to the public. Several building contractors
were present and expressed views. Bob Pantley said he built almost exclusively in Edmonds and
Shoreline. He said he would rather face the Board of Adjustment because is it not a single person.
is
• May 24, 1977 (Cont.)
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Tom Belt said most of the builders had not heard about this ordinance until the last minute and asked
that action be postponed until they could study.i.t. BjornlTheusen also asked fora delay, saying.it
was an important piece of legislation because ofthe potential"impact.of.costs. Councilman Gellert
pointed out .that,.:once again, the Planning Commission was being disregarded as this proposal had had
several hearings.before.it, and that these people'should have -been there for these.hearings. COUNCIL -
MOTION: MAN GELLERT.THEN MOVED, SECONDED BY COUNCILMAN HERB, THAT THE'PROPOSED DRAINAGE ORDINANCE BE AMENDED
IN THAT IN SECTION 8 (12.17.070), WHEREVER THE WORDS ."BOARD OF APPEALS".OR."BOARD" APPEAR, THE WORDS,
"CITY COUNCIL", SHALL BE SUBSTITUTED. A ROLL:CALL VOTE WAS.TAKEN, WITH.COUNCILMAN GOULD, CLEMENT,
GELLERT, AND HERB VOTING YES, AND COUNCILMEN ANDERSON AND CARNS VOTING NO. MOTION CARRIED. A MOTION
MOTION:WAS THEN MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN GOULD, THAT THE PROPOSED DRAINAGE ORDINANCE
BE AMENDED SO THAT THE FIRST•SENTENCE OF SECTION 14 (12.17.130)'SHALL READ AS;FOLLOWS: "WHERE
APPLICATION OF THE PROVISIONS OF THIS CHAPTER WILL DENY ALL REASONABLE USES OF TH L PROPERTY., THE
APPLICANT MAY APPEAL TO THE BOARD OF ADJUSTMENT.TO WAIVE SOME OF THE RESTRICTIONS AND THAT
MOTION: THE LAST SENTENCE OF SECTION 14 BE DELETED. MOTION CARRIED. A.MOTION.WAS THEN MADE BY COUNCILMAN
CARNS, SECONDED BY COUNCILMAN GELLERT, THAT.THE PROPOSED DRAINAGE ORDINANCE,.AS AMENDED, -BE SET FOR
HEARING ON MONDAY, JUNE 20. MOTIONCARRI€D. The audience was advised that the�Council meetings
generally are held on Tuesdays, but on this particular week the meeting date had been changed to
Monday.
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1
There was no further business to come before the Council, and the meeting was adjourned at 9:45 p.m.
f
May 31, 1977 (Work Meeting)
H. H. HARRISON, MAYOR
The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve
Harrison in the Council Chambers of the Edmonds -Civic Center. All present joined in the flag salute.
PRESENT
Harve Harrison, Mayor
-Ray Gould
Phil Clement
Max Gellert
John Nordquist
Robert Anderson
Tom Carns
Mike Herb
CONSENT AGENDA (7:36 p.m.)
STAFF PRESENT
J. Herb Gilbo, M.A.A.
Leif Larson, Public Works Director
Joe Wallis, Community Devel.opment.Director
Irene Varney Moran, City Clerk
Jim Murphy, City Attorney
Jackie Parrett, Deputy City Clerk
MOTION: A MOTION WAS MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN GELLERT, TO APPROVE THE CONSENT AGENDA.
MOTION CARRIED. The Consent Agenda contained the following:
0 (A) Roll call.
(B) Approval of Minutes of May 24, 1977.
COUNCIL (7:38 p.m.)
Councilman.Gould reported he had attended the City of Edmonds Safety Committee meeting of May 25.
He said it was an excellent meeting"and he was pleased to see that -the -City had an organized safety
program in action.
Councilman Gellert noted that the transfer from Social Security to MEBT was indicated on the extended
agenda for June 20 and -he commented on -the short period left until the withdrawal date. He felt that
if the agreements could not be worked out there was not enough time to reverse the action by the end
MOTION: of the month. After some discussion; A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN
CARNS, THAT THE PROPOSED ORDINANCE AND AGREEMENT TO TRANSFER FROM SOCIAL SECURITY TO MEBT BE MOVED TO
THE JUNE 14 WORK MEETING. MOTION CARRIED. (Councilman Herb was not present for the vote, arriving
at 7:50 p.m.)
DISCUSSION ON GIVENS AND MID-TERM GOALS -- PLANNING PROCESS (7:45 p.m.)
This discussion was a follow-up in the planning, process started at the Council/Staff retreat. A lengthy
discussion was held on "givens", those things that will be done or take place --at this time --and are
nonnegotiable. The following givens were established.
1. No city consolidation (merger).
2. Retain merit pay concept.
3. Annual policy review (government structure).
.4. Continue existing height restrictions.
5. No councilmanic bonds unless accompanied by a revenue source.
•