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10/19/1993 City CouncilEDMONDS CITY COUNCIL,APPROVED MINUTES October 19, 1993 THESE MINUTES WERE APPROVED BY CITY COUNCIL ON OCTOBER 26, 1993 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Laura Hall, Mayor Dave Earling, Council President William J. Kasper, Councilmember Steve Dwyer, Councilmember Michael Hall, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember ABSENT Chris Hewett, Student Representative STAFF Art Housler, Admin Service Director Jeff Wilson, Planning Supervisor Rob Chave, Planning Manager Brent Hunter, Personnel Manager Noel Miller, Super. Public Works Paul Mar, Community Services Director Scott Snyder, City Attorney Rhonda March, City Clerk MaryAnn Paige, Recorder COUNCILMEMBER PALMER MOVED,SECONDED BY COUNCILMEMBER EARLING, TO APPROVE THE AGENDA. MOTION CARRIED. CONSENT AGENDA Item E was removed from the Consent Agenda. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED with Councilmembers Earling and Kasper abstaining from Item B, as.they were not present at the October 5 meeting. The approved items are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF OCTOBER 5, 1993. ;� APPROVAL OF CLAIM WARRANTS FOR THE WEEKS OF OCTOBER 4, 1993 AND OCTOBER 'Vl(C) 11, 1993 AND PAYROLL WARRANTS FOR OCTOBER 15, 1993. (D) V ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM KATHLEEN J. HASHBARGER ( $449.91) . (F) ORDINANCE 2956 AMENDING PROVISIONS OF SECTION 7.20.050 REGARDING ADOPTION OF STATE REGULATIONS FOR CROSS -CONNECTION CONTROL DEVICES. V� G ORDINANCE 2957 VACATING A PORTION OF THE 75TH PLACE WEST RIGHT-OF-WAY LYING ADJACENT TO 15706 AND 15714 75TH PLACE WEST (APPLICANT: CITY OF EDMONDS/FILE NO. ST 93-131) [FROM HEARING ON SEPTEMBER 21, 19931 1 RESOLUTION 780 SETTING COUNCIL HEARING DATE OF NOVEMBER 16, 1993 FOR fit) Q^� � 4^ 1A PROPOSED STREET VACATION OF A PORTION OF THE 74TH PL W. RIGHT-OF-WAY LYING NORTH OF NORTH MEADOWDALE ROAD AND SOUTH OF 158TH ST. S.W. APPROVAL OF FINAL PLAT OF "WOODSCREEK PLACE" AND AUTHORIZATION FOR MAYOR TO SIGN FINAL PLAT DOCUMENTS (APPLICANT: TOM BELT/FILE NO.P-2-90/PRD-2-90). ORDINANCE 2958 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 21.35.017 Councilmember Hall wished to clarify that by allowing multiple dwellings within a mixed use area, it does not rule out single family dwellings in these areas. Jeff Wilson stated that single family units are permitted, if they are a separate detached dwelling. However, single family units will not be allowed on the ground floor of mixed use buildings in BC area. Single family dwellings could be located in the basement or second or higher floors. There is a grandfather clause to allow for existing single family dwellings. Scott Snyder stated that under Section 4, 21.35.017 Ground Floor, the word "of" should be inserted on the third line, to read "..grade along the width of the side of the..". COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER EARLING, TO APPROVE ITEM (E) on the Consent Agenda. MOTION CARRIED. AUDIENCE David Moore stated that had a concern with a 1992 legal expenditure for the Edmonds Historical Museum, a non profit organization. Council and the City C,Q$ Attorney determined that the fees concerned legal expenses for a trip to Denver to take a deposition in order to validate ownership of a deed. There was discussion on the time, and place of authorization of these legal fees. Mayor Hall will provide David Moore with the documents which authorize payment. ;Natalie Shippen, 1022 Euclid, Edmonds, stated her concern with traffic generated from the ferry, especially in the years to come as the Edmonds -Kingston run is expanded. She requested that Council consider C passenger only ferries rather than the Multimodal project, and further requested that the Planning Board review the current policies and look for alternatives regarding ferry traffic. She asked the following questions: til. What is the projected volume of vehicular traffic generated by eight (8) daily ferries? 2. What will be the car -carrying capacity of Jumbo ferries built in the 21st century? Penny Whitehead, 7415 Lake Ballinger Way, Edmonds thanked the Mayor, the City Clerk and Council on their help in retrieving the business license from Second Chance. Councilmember Palmer raised a point of order that this is an agenda item and that Council had not yet taken action. Scott Snyder stated that as the license had been surrendered, it was all right for Ms. Whitehead • to speak at this time. Penny Whitehead stated she felt something is G•seriously wrong with the City's code to allow Second Chance to receive the Business License, and that she felt that the license should have been revoked rather than letting it be surrendered. There was discussion between Councilmembers, the Mayor, and the City Attorney on the review process for City business licenses. As no other member of the audience came forward, Mayor Hall closed the audience portion of the meeting. cl' PROCLAMATION IN RECOGNITION OF RECYCLING WEEK OF OCTOBER 16-24. �9 Page 2 October 19, 1993 APPROVED MINUTES Mayor Hall presented the Proclamation to Steve Fisher, the City's Recycling Coordinator. Steve Fisher stated that he has provided a display this week at the Library featuring hazard free home products. He presented the Mayor and Councilmembers with recyclable canvas shopping bags. CONTINUED COUNCIL DELIBERATION AND DISPOSITION OF BUSINESS LICENSE ISSUED TO yt ''"SECOND CHANCE", A CORPORATION, FOR FOSTER HOME AT 7417 BALLINGER WAY �,;0.t. CONTINUED FROM OCTOBER 5, 1993). VP* City Clerk, Rhonda March, stated that this item had been discussed under the audience portion of the agenda, and that the business license has been surrendered to the City. Councilmember Dwyer suggested a motion to dismiss the Proceedings. Council President Earling raised a point of order that he and Councilmember Kasper should abstain from voting on this item, as they had not been at the hearing on October 5. After a brief discussion, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI,TO ACCEPT THE SURRENDER OF THE BUSINESS LICENSE AND DISMISS PROCEEDINGS. MOTION CARRIED with Councilmembers Earling and Kasper abstaining for reasons stated above. Council Discussion Planning Supervisor,Jeff Wilson, stated that staff does have a copy of the letter to Second Chance authorizing the business license that was missing from the packets for the October 5 meeting. Discussion followed between Councilmembers, the Mayor and Scott Snyder regarding the letter. Jeff Wilson also reviewed the history and procedures for Second Chance receiving the business licenses. Staff felt that they issued the business license to Second Chance, as a foster home, based on information from the application. It was not until after Ms Whitehead came to the Council early last summer that they were aware that the home would house.juvenile offenders completing their sentence. CONTINUED REVIEW OF BIDS OPENED SEPTEMBER 24, 1993 FOR CONSTRUCTION OF THE NEW PUBLIC WORKS OPERATIONS AND MAINTENANCE CENTER AND AWARD OF CONTRACT CONTINUED FROM OCTOBER 5, 1993). Noel Miller, Superintendent of Public Works, presented the staff report and spoke to Ccuncil's previous concerns regarding the Contractor's background Q\ and performance history. He feels that all indicators are that the ontractor's past performance is justified. Q Councilmember Palmer appreciated the information and new data, but still O� wants to limit change orders and see them come back to Council, if they are over a certain amount. Councilmember Dwyer recommended that we direct staff to proceed with the change orders on the same dollar figure level as was used during the Treatment Plant construction. There were discussions on the fuel island, the interest income, the reduction in the contingency fund, and engineering staff involvement in inspection of the project. Paul Mar, Community Services Director,tated that having City engineers perform inspections had been discussed previously, and it was decided that Mr. Miller be in charge of this project. Councilmember Kasper stated that he feels that the City Engineer should be more directly involved. Councilmember Petruzzi asked if the Engineering Department would.not be the most qualified to inspect the project? Paul Mar responded that there is $50,000 for project administration and this can be accomplished either in-house or outside. Paul Mar stated that he will discuss inspection performance with Mr. Alberts. In Page 3 October 19, 1993 APPROVED MINUTES response to Councilmember Nordquist's question, Noel Miller stated that he worked as a Construction Engineer for the City of Edmonds during the construction of the Treatment Plant, but had not worked on that particular project. There was a question if the City could move Noel"s wages out of the construction line items and charge these to the project. Art Housler responded that, yes, this could be done. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER PALMER, THAT BASED ON THE ADDITIONAL INFORMATION AND BACKGROUND PROVIDED, TO AWARD THE CONTRACT TO M.J. SHOCKLEY CONSTRUCTION COMPANY IN THE BASE BID AMOUNT OF $2,486,952 AND $203,901 WASHINGTON STATE SALES TAX, THAT INTEREST INCOME NOT BE TRANSFERRED TO THE PROJECT AT THIS TIME BUT BE SEQUESTERED IN A SEPARATE ACCOUNT BY THE ACCOUNTING DEPARTMENT, THAT INSPECTION BE PERFORMED IN-HOUSE BY THE ENGINEERING DEPARTMENT, THAT CHANGE ORDERS BE REVIEWED BY COUNCIL IN THE AMOUNT USED BY THE TREATMENT PLANT, AND THAT MONTHLY PROGRESS REPORTS BE GIVEN TO COUNCIL. MOTION CARRIED. PRESENTATION OF PLANNING BOARD'S RECOMMENDATION ON PROPOSED ORDINANCE AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 20.10, ARCHITECTURAL DESIGN BOARD REVIEW TO ADD A NEW SECTION 20.10.075, APPLICATION OF CRITERIA - EXAMPLES FILE NO. CDC-93-192 t. Rob Chave, Planning Manager, presented the staff report. This report is being presented to the Council for their review and to obtain their concerns and comments. The report was generated by the Architectural Review Board f 'V 0 and has gone through review of the Planning Board. Mr. Chave said the City e ta needs to strengthen our own architectural review design criteria as a result �? of a recent court decision in another jurisdiction. This is an interim measure until full treatment of this can be incorporated in the Comprehensive Plan to be adopted next year. There was discussion on wording to avoid a guarantee of approval, and some sort of disclaimer that this is what has happened in the past, but not necessarily in the future. The ordinance also needs to emphasis that each site is unique and that different sites may be covered by a different criteria. Scott Snyder suggested that staff put the word "interim" before the word "guide" all through the ordinance. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, TO SET A PUBLIC HEARING FOR NOVEMBER 1, 1993 FOR PRESENTATION OF THE PROPOSED ORDINANCE. MOTION CARRIED. COUNCIL DISCUSSION ON CENTRAL PUGET SOUND GROWTH PLANNING HEARINGS BOARD P' DECISION RELATIVE TO COUNTY -WIDE PLANNING POLICIES. City Attorney,Scott Snyder, reviewed the recent Central Puget Sound Growth Planning Hearings Board's decision regarding the appeals filed by Edmonds and l�v Lynnwood on aspects of the Countywide Planning Policies.. There were concerns QQ discussed regarding population growth, affordable housing requirements, and capital facilities requirements. Scott Snyder felt that the County's policies are vague, however, all indications are that the policies of individual City's will take precedence over the County policies. AUTHORIZATION TO FILL VACANT ADMINISTRATIVE SERVICES SECRETARY POSITION. got Personnel Manager,Brent Hunter, reviewed rationale for the request. Councilmember Kasper questioned why the secretarial jobs are all the same grade when duties and functions vary from department to department. Brent Hunter responded that all the jobs are in a bargaining unit, however, there has been a request to remove these positions from the bargaining unit. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AUTHORIZE STAFF TO FILL THE VACANT ADMINISTRATIVE SERVICES SECRETARY POSITION. Under Page 4 October 19, 1993 APPROVED MINUTES u �Al scussion, Councilmember Palmer stated that he felt that personnel who y� perform confidential duties should be exempt, and that this position should Q� be filed as an exempt position. MOTION CARRIED. 4 \ AUTHORIZATION TO FILL VACANT SEWER MAINTENANCE WORKER II POSITION. t Public Works Superintendant,Noel Miller, stated that he anticipates filling this position with a Worker I from the Sewer Section and would like Council concurrence. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AUTHORIZE STAFF TO FILL VACANT SEWER MAINTENANCE WORK II POSITION. MOTION CARRIED. REQUEST FOR ADJUSTMENT TO MUNICIPAL COURT BUDGET, INCLUDING APPROVAL OF ADDENDUM TO MUNICIPAL COURT JUDGE CONTRACT. t9 boa Brent Hunter presented the staff request for additional compensation to Judge �68 Conroy to cover his additional time, including training of the new court administrator, and $3,000 to cover overtime costs incurred by court employees. There was discussion on the judge's contract, and if the contract was equitable with other jurisdictions. Judge Conroy's contract will expire in December, 1993 and Council will have the opportunity at that time to review all aspects of the contract. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEN HALL, TO APPROVE THE ADJUSTMENT TO MUNICIPAL COURT BUDGET, INCLUDING APPROVAL OF ADDENDUM TO MUNICIPAL COURT JUDGE CONTRACT. MOTION CARRIED, with Councilmember Palmer abstaining because he feels that he does not have enough information, particularly regarding the training period, to vote for the addendum. MAYOR Mayor Hall reported that Steve Dwyer's father had a heart attack and wished them both well. Mayor Hall reported that Crisse Bennett from the Arts Commission had Q� resigned, and will be missed. Mayor Hall reported on a neighborhood meeting to be held on Thursday, October 21, to discuss the impact of the proposed new rail service to traffic in neighborhoods and to the beaches along the railroad tracks. Mayor Hall has received a liquor license transfer from Olympic View Deli, V1t which she will sign. Mayor Hall noted correspondence received from Harbor Square. Mayor Hall acknowledged the retirement announcement from Chief Prinz. He Q©,l will retire March 14, 1994 after nearly 26 years with the Edmonds Police 101Department. Brent Hunter announced that the City has installed 16 automatic door openers kO to be in compliance with ADA. �I Scott Snyder requested that at a future Finance Committee meeting, or some �, ' other time, he would like to have a discussion with the Council on how to fl have Council generated charges for legal services recorded. Mayor Hall had received a report that at a Finance Committee meeting there had been a quorum of Councilmembers present. Page 5 October 19, 1993 APPROVED MINUTES COUNCIL Council President Earling referred to a letter of Sno-Isle's proposal to defer 1994 payment of $16,000 to Sno-Isle by the City to 1995. Council President Earling recommended to not accept the offer. Councilmember Kasper mentioned that there used to be many meetings that were not recorded, but now because of the Open Meeting Act we need to have all meetings recorded, if they are official meetings. Councilmember Nordquist apologized if the Finance Committee stepped on some toes at their recent meeting. l�yvN;k Councilmember Nordquist stated he has heard concern because of too much �1y� ��� parking at the Centennial Plaza. The Mayor stated that staff is aware of this problem and are working on it. Councilmember Nordquist stated that he would not be in attendance at the October 26 meeting. r COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO EXCUSE THE ABSENCE OF COUNCILMEMBERS EARLING AND KASPER AT THE OCTOBER 4 MEETING. MOTION CARRIED. Councilmember Palmer mentioned comments were made at the finance Committee meeting of appreciation of staff getting personnel items to that agenda. With no other business before the Mayor or Council, Mayor Hall adjourned the meeting at 9:35 p.m. pc/ECC10-19.93 /mp / L jI►i �00 0OIL, • • -• • •�onda J. Mar6h,- City Clerk Page 6 October 19, 1993 APPROVED MINUTES AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. OCTOBER 19, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE APPROVAL OF AGENDA 2. (5 MIN) CONSENT AGENDA A. ROLL CALL B. APPROVAL OF MINUTES OF OCTOBER 5, 1993 C. APPROVAL OF CLAIM WARRANTS FOR THE WEEKS OF OCTOBER 4, 1993 AND OCTOBER 11, 1993 AND PAYROLL WARRANTS FOR OCTOBER 15, 1993 D. ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM KATHLEEN J. HASHBARGER ($449.91) E. PROPOSED ORDINANCE AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 21.35.017 TO CREATE A DEFINITION FOR TERM "GROUND FLOOR- (FILE NO. CDC- 92-237/CDC-6-91) [FROM HEARING ON SEPTEMBER 21] F. PROPOSED ORDINANCE AMENDING PROVISIONS OF SECTION 7.20.050 REGARDING ADOPTION OF STATE REGULATIONS FOR CROSS -CONNECTION CONTROL DEVICES G. PROPOSED ORDINANCE VACATING A PORTION OF THE 75TH PLACE WEST RIGHT-OF-WAY LYING ADJACENT TO 15706 AND 15714 75TH PLACE WEST (APPLICANT: CITY OF EDMONDS/FILE NO. ST-93-131) [FROM HEARING ON SEPTEMBER 21, 1993] H. PROPOSED RESOLUTION SETTING COUNCIL HEARING DATE OF NOVEMBER 16, 1993 FOR PROPOSED STREET VACATION OF A PORTION OF THE 74TH PL. W. RIGHT-OF-WAY LYING NORTH OF NORTH MEADOWDALE ROAD AND SOUTH OF 158TH ST. S.W. I. APPROVAL OF FINAL PLAT OF "WOODSCREEK PLACE" AND AUTHORIZATION FOR MAYOR TO SIGN FINAL PLAT DOCUMENTS (APPLICANT: TOM BELT/FILE NO. P-2-90/PRD-2-90) 3. AUDIENCE 4. (5 MIN) PROCLAMATION IN RECOGNITION OF RECYCLING WEEK OF OCTOBER 16-24 5. (5 MIN) CONTINUED COUNCIL DELIBERATION AND DISPOSITION OF BUSINESS LICENSE ISSUED TO 'SECOND CHANCE", A CORPORATION, FOR A FOSTER HOME AT 7417 BALLINGER WAY (CONTINUED FROM OCTOBER 5, 1993) 6. (15 MIN) CONTINUED REVIEW OF BIDS OPENED SEPTEMBER 24, 1993 FOR CONSTRUCTION OF THE NEW PUBLIC WORKS OPERATIONS MAINTENANCE CENTER AND AWARD OF CONTRACT (CONTINUED FROM OCTOBER 5, 1993) 7. (30 MIN) PRESENTATION OF PLANNING BOARD'S RECOMMENDATION ON PROPOSED ORDINANCE AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY DEVELOPMENT CODE CHAPTER 20.10, ARCHITECTURAL DESIGN BOARD REVIEW, TO ADD A NEW SECTION 20.10.075, APPLICATION OF CRITERIA - EXAMPLES (FILE NO. CDC-93-192) 8. (15 MIN) COUNCIL DISCUSSION ON CENTRAL PUGET SOUND GROWTH PLANNING HEARINGS BOARD DECISION RELATIVE TO COUNTY -WIDE PLANNING POLICIES 9. . (10 MIN) AUTHORIZATION TO FILL VACANT ADMINISTRATIVE SERVICES SECRETARY POSITION 10. (10 MIN) AUTHORIZATION TO FILL VACANT SEWER MAINTENANCE WORKER II POSITION 11. (10 MIN) REQUEST FOR ADJUSTMENT TO MUNICIPAL COURT BUDGET, INCLUDING APPROVAL OF ADDENDUM TO MUNICIPAL COURT JUDGE CONTRACT 12. (5 MIN) MAYOR 13. (15 MIN) COUNCIL PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON HAMB CHAMBERS CABLE, CHANNEL 32 24