05/08/2012 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
May 8, 2012
The Edmonds City Council meeting was called to order at 6:01 p.m. by Mayor Earling in the Council
Chambers, 250 5`h Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Lora Petso, Council President Pro Tem
Frank Yamamoto, Councilmember
Joan Bloom, Councilmember
Michael Plunkett, Councilmember
Adrienne Fraley- Monillas, Councilmember
Diane Buckshnis, Councilmember
ELECTED OFFICIALS ABSENT
Strom Peterson, Council President
1. APPROVAL OF AGENDA
STAFF PRESENT
Jim Lawless, Assistant Police Chief
Stephen Clifton, Community Services/Economic
Development Director
Phil Williams, Public Works Director
Shawn Hunstock, Finance Director
Carrie Hite, Parks & Recreation Director
Rob English, City Engineer
Jeff Taraday, City Attorney
Linda Hynd, Deputy City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
COUNCIL PRESIDENT PRO TEM PETSO MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO ADD AN AGENDA ITEM AFTER AUDIENCE COMMENTS, TEMPORARY
CONSTRUCTION EASEMENT. MOTION CARRIED UNANIMOUSLY.
COUNCILMEMBER YAMAMOTO MOVED, SECONDED BY COUNCIL PRESIDENT PRO
TEM PETSO, TO APPROVE THE AGENDA AS AMENDED AND TO MOVE AUDIENCE
COMMENTS BEFORE AGENDA ITEM 3. MOTION CARRIED UNANIMOUSLY.
2. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER
YAMAMOTO, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
The agenda item approved is as follows:
A. ROLL CALL
L�Kllq 11111p)MeW K13041►11p1 ►YKy
Al Rutledge, Edmonds, expressed concern that, 1) the Council workshop regarding Budgeting by
Priorities was not televised and 2) Audience Comments was not originally scheduled on this agenda. He
also requested a report regarding a City employee who was dismissed.
3. APPROVAL OF CHANGE ORDER FOR THE HAINES WHARF PARK & WALKWAY
PROJECT.
Public Works Director Phil Williams explained this item is a proposed payment to Precision Earthworks.
Precision Earthworks submitted a claim in October 2011 and it has taken 6 months to review the
Edmonds City Council Approved Minutes
May 8, 2012
Page 1
voluminous documentation including hiring two experts to review and analyze the claim. The Council
received their analysis in executive session regarding litigation last week. Following a review of
Precision's documentation, a list of items has been identified that they are entitled to be paid for under the
contract that totals $101,173.00. He noted that amount is slightly different than the amount cited late last
week of $102,630.
Mr. Williams requested Council approval of a change order to Precision Earthworks which if they sign it,
the City will pay that amount. This includes a new change order, a change order submitted a year ago that
Precision did not sign, and some normal payments under the contract.
Councilmember Fraley - Monillas asked whether this was payment for agreed upon items that might have
been paid previously if not for the situation that arose. Mr. Williams responded documentation was not
provided for review as specified in the contract. Councilmember Fraley- Monillas summarized the City
owes Precision this amount. Mr. Williams responded yes, it is owed under the contract.
Councilmember Buckshnis asked Mr. Williams to address the 6% interest paid during the delay. Mr.
Williams answered the statute directs the interest rate that applies, in this case 12% per annum. Because it
has been 6 months between when the claim was submitted and the City's response, time the City asked
for to evaluate the $951,924 claim, six months of interest or 6% will be paid on the amount.
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
PETSO, TO APPROVE A CHANGE ORDER FOR THE HAINES WHARF PARK & WALKWAY
PROJECT IN THE AMOUNT OF $1.01,1.73.00. MOTION CARRIED UNANIMOUSLY.
3A. TEMPORARY CONSTRUCTION EASEMENT
Public Works Director Phil Williams referred to a handout provided to the Council with two photographs
of the retaining wall, 1) looking along the axis of a small retaining wall located on the south side of the
sidewalk on Main Street between 5`h & 6th between Starbucks and the Glazed and Amazed storefronts,
and 2) taken from the sidewalk. The retaining wall holds up the grade difference between the sidewalk
and gravel parking lot. The project includes new sidewalks, streetlights, trees, tree wells, tree grates, mid -
block crossing, bulbouts, etc. and would replace the retaining wall with something that reflects the
character of the street. Another reason to replace the wall is the masonry CMU blocks are leaning toward
the parking lot. The project includes working next to the wall to remove the sidewalk, adjust the grade,
compact and install a new sidewalk against this CMU wall with a questionable foundation that is already
leaning.
The owner of the property was asked to provide a temporary construction easement to build the new wall.
The subcontractor working for the designer on right-of-way issues approached who was thought to be the
owner. The previous owners are deceased and did not clearly transfer title to the property; the past several
months have been spent determining from whom to obtain a temporary construction easement. That has
now been determined. He described the formula used to determine the amount to be paid for a temporary
construction easement: assessed value of the entire parcel divided by the square footage of the property,
multiplied by the square footage needed for the easement and multiplied by 10% (the Washington State
Department of Transportation's standard for a temporary construction easement) which totaled $1340.
That amount was offered to the property owner which they declined. The property owner's request was
$2500, a difference of $1160. Under the City's policy, he only has authority to pay $1000 more than the
calculated amount. He requested Council approval because this project is on an accelerated schedule in
order to go to bid in the first ten days of June.
Councilmember Yamamoto asked if staff was dealing with Mr. Gardner. Mr. Williams answered
subcontractor to the design firm has talked to Mr. Gardner who represents the property owner.
Edmonds City Council Approved Minutes
May 8, 2012
Page 2
Councilmember Bloom inquired how a fair amount for a construction easement is determined. Mr.
Williams explained a per square foot amount is determined via the assessed value and the square footage
of the property. The per square foot price is multiplied by the number of square feet needed for the
temporary easement, multiplied by 10% (the Washington State Department of Transportation's standard
for a temporary construction easement) which totaled $1340. He acknowledged the amount determined by
the formula may differ from the amount a property owner wants to pay and a decision is made whether to
meet their price.
Although there is a sizable difference between the formula amount and the amount the property owner
requested, Mr. Williams explained if a temporary construction easement is not granted by the property
owner and the wall must be constructed from the other side, the cost and the time will be more than
$1160.
Councilmember Bloom asked whether the new retaining wall would be higher. Mr. Williams answered
the wall is not necessarily higher. The concrete extends approximately 18 inches above the sidewalk and
will be topped with an attractive power - coated fence fabric to keep pedestrians from falling over the wall
and to screen the gravel parking lot from view on the sidewalk.
Councilmember Bloom asked whether the trees on the parking lot side would remain. Mr. Williams
answered those were not the City's trees. If they are damaged to the extent they die, they would need to
be replaced. The intent is to leave the trees in place.
COUNCILMEMBER YAMAMOTO MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE PAYMENT FOR THE TEMPORARY CONSTRUCTION
EASEMENT. MOTION CARRIED UNANIMOUSLY.
5. MAYOR'S COMMENTS
Mayor Earling reported there was a fabulous turnout for the Strategic Plan Open House last week, over 70
people attended. Terrific feedback was provided, many surveys were completed and surveys are available
online.
Mayor Earling relayed he has announced a hiring freeze for the remainder of the year. After consultation
with the City's directors, this was an action that needed to be taken.
6. COUNCIL COMMENTS
Councilmember Buckshnis thanked everyone who helped and everyone who purchased plants at the
Floretum Garden Club's May 5 plant sale.
Councilmember Yamamoto thanked the 35 -40 people who attended the first Metropolitan. Parks District
meeting and provided a great cross - section of opinions and ideas.
Council President Pro Tern Petso asked about mayoral veto of Council ordinances and whether the
Council can override the veto. City Attorney Jeff Taraday responded the Council has the ability to
override a mayoral veto by reconsidering the same ordinance. If the ordinance passes with a majority plus
one (five votes), the veto is considered overridden. Council President Pro Tern Petso asked if there was a
timeline to reconsider the ordinance or if it could simply be scheduled on a Council agenda. Mr. Taraday
answered there was no statutory timeline.
Councilmember Fraley- Monillas reported on the Saturday Market, remarking it was great to have the
market back and see all the fresh fruits, vegetables and flowers. She encouraged the public, particularly
Edmonds City Council Approved Minutes
May 8, 2012
Page 3
those around small children, to get a pertussis (whooping cough) vaccination as the outbreak is being
epidemic in Washington. A Seattle high school was closed today because of the outbreak.
7. ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS
With no further business, the Council meeting was adjourned to committee meetings at 6:24 p.m.
Edmonds City Council Approved Minutes
May 8, 2012
Page 4