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08/28/1990 City CouncilTHESE MINUTES SUBJECT TO SEPTEMBER 4, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES AUGUST 28, 1990 (WORK MEETING) The regular work meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT John Nordquist, Mayor Pro Tem Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember ABSENT STAFF Larry Naughten, Mary Lou Block, Planning Div. Mgr. Mayor Art Housler, Admin. Svc. Director Peter Hahn, Comm. Svc. Director Bob Alberts, City Engineer Jim Haney, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Pro Tem Nordquist presided over the meeting in the absence of Mayor Naughten. CONSENT AGENDA Item (B) was removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEM- BER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) APPROVAL OF CITY-STATE AGREEMENT REGARDING FERRY STUDY ACCEPTANCE OF EASEMENT FROM ARNE M. AND PAM A. FERKINGSTAD FOR INSTALLATION OF STORM SEWER CULVERTS AT 1015 CASCADE DRIVE �Lri (E) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEIGHT VARIANCE /` 4) AT 15805 - 72ND AVE. W. (V-15-90/AP-15-90/M.K. BINGHAM) (F) AUTHORIZATION TO CALL FOR BIDS FOR TILE INSTALLATION AT MEADOWDALE COMMUNITY CLUBHOUSE (G) AUTHORIZATION TO SPEND UP TO $2,000 FOR DRAINAGE PIPELINE CLEANING ON DAYTON STREET APPROVAL OF MINUTES OF AUGUST 21, 1990 [ITEM (B) ON THE CONSENT AGENDA] COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO CONSIDER THE MINUTES ON SEPTEM- BER 4, 1990 TO ALLOW THE THE COUNCIL TIME TO REVIEW THE AMENDMENTS THAT WERE RECENTLY REQUESTED. MOTION CARRIED. pD`J�'�/ With respect to item #3 (Executive Session - Report from Cable TV Consultant), Councilmember lam- Palmer requested that the member of the Cable TV Advisory Committee who was in the audience be permitted to attend the executive session. Mayor Pro Tem Nordquist said the Council would vote on whether or not to allow his participation at the onset of the executive session. CWC-HDR MONTHLY REPORT Bud Benges, CWC-HDR, Inc., reported that hauling of primary sludge to Seattle Metro terminated on P August 10, 1990. Rehabilitation of primary clarifier number 1 is complete, and the contractor is preparing for installation of the primary clarifier roof precast members in September 1990. Mr. Benges said construction activities in the solids processing and sludge incineration facili- ties are nearing.completion. The solids dewatering, odor control and incineration equipment have been. started and functional testing is complete. Acceptance testing and air quality emissions testing for the incinerator are scheduled for the week of August 27, 1990. The contractor is continuing work on many miscellaneous items in the solids process building in preparation for substantial completion in early September 1990. Mr. Benges noted that construction activities continue on the secondary treatment units on the north end of the project site. The aeration basin concrete walls are complete, and precast roof panels over the aeration basins will be placed in early September. Installation of the final clarifier walls continues on schedule. Construction of the west access tunnel. along the aeration basins is underway. Installation of piping and mechanical equipment is ongoing in the aeration basins and RAS/WAS pumping station. Mr. Benges said change order number 8 in the amount of $39;301 has been negotiated with the con- tractor. The changeorder includes 17 miscellaneous items. Major change items include 7 site utilities modifications equalling $20,000, and modification of the dewatered sludge hopper mixer motor from 5 Hp to 10 Hp. Mr. Benges said status of the meter station construction project remains unchanged since last month. The contractor has completed construction activities and is working on contract closeout. Mr. Benges noted that the architect has prepared a design for the plaque that will be placed in the operations center. He said the design will be submitted to the Council for approval in the near future. Councilmember Kasper inquired how the plaque will be funded. Mr. Benges said that cost was included in the contract. Mayor Pro Tem Nordquist thanked Mr. Benges for his presentation. Mayor Pro Tem Nordquist introduced Jim Haney from the City Attorney's office. PROPOSED ORDINANCE 2792 AMENDING COMMUNITY DEVELOPMENT CODE TO ESTABLISH LANDSCAPE STANDARDS FOR ARCHITECTURAL DESIGN BOARD CONTINUED FROM MAY 1, 1990 HEARING AND MAY 29, 1990 N N N Jb6 On May 1, 1990 the City Council voted to approve an amendment to the Edmonds Community Develop- ment Code (ECDC) establishing landscape standards for use by the Architectural Design Board ;,,(,4(ADB). Included in the Council packets were a copy of the proposed ordinance and the minutes u from the May I and May 29, 1990 Council meetings. Councilmember Hertrich recalled that on May 29 the Council discussed imposing a maximum height for individual species of trees. He pointed out that that provision was not included in the proposed ordinance and he recommended its inclusion. Councilmember Palmer noted that the pro- posed ordinance does make reference to the growth pattern of a tree in item (P) on page 5. Coun- cilmember Hertrich expressed concern that someone reading the ordinance may not be aware that there is a height restriction because section 20.12.015, which precedes item (P), makes no refer- ence to height limits. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER JAECH FOR DISCUSSION, TO INJECT THE WORD- ING OF 20.12.020(P) IN SECTION 20.12.015. Councilmember Kasper noted that the ADB has always had the ability to require that a tree be maintained at a certain height but neither they nor Staff have enforced that. Councilmember Jaech said that is a different issue than is before the Council and it should be discussed at a later date. MOTION CARRIED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER DWYER OPPOSED. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADOPT ORDINANCE 2792, AS AMENDED, AMENDING THE COMMUNITY DEVELOPMENT CODE ESTABLISHING LANDSCAPE STANDARDS FOR THE ARCHITECTURAL DESIGN BOARD. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED BECAUSE HE SAID THE ARCHITECTURAL DESIGN BOARD DOES NOT IMPOSE HEIGHT RESTRICTIONS ON THE GROWTH OF TREES. EXECUTIVE SESSION - REPORT FROM CABLE TV CONSULTANT The Council recessed to an executive session at 7:21 p.m. to hear the report from the Cable TV Consultant, as well .as a litigation matter from the City Attorney, and reconvened at 8:11 p.m. INUED COUNCIL DELIBERATION ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED ORDINANCE ur tumuNuz>) kLUN11NUtu MM JUNE "L6 UELIBERAIIUN AND SECOND PUBLIC HEARING ON MAY 15, 1990) Planning Division Manager Mary Lou Block reported that this item was heard by the City Council on May 15, 1990 and on June 26, 1990. One section of the proposed ordinance, Section 18.45.075, has been modified to establish clearer guidelines for redress for clearing without a permit. Ms. Block said much of the discussion on. the proposed code amendment has centered around its impact on developed single family lots. The ordinance specifically exempts developed single family lots except when a portion of the property is located in an environmentally sensitive area. A clearing permit would be required only for clearing in the environmentally sensitive area. EDMONDS CITY COUNCIL MINUTES Page 2 AUGUST 28, 1990 Ms. Block said the purpose for the code amendment is to prevent indiscriminate clearing on unde- veloped or partially developed residential and commercial properties and in environmentally sensi- tives areas. It is not intended to address view impact. Ms. Block noted that the modified clearing ordinance amendment, the minutes from the Council meetings and a memorandum from Bill Allen, Planning Board Chairman, were included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the modified clearing ordi- nance amendment and direct the City Attorney to prepare the necessary ordinance. Councilmember Wilson urged the Council to require covenants on any project that has view impac- tion from trees which states that no tree can grow to the point that it obstructs the view. Councilmember Hertrich suggested that that issue be discussed as a separate item by the Planning Board because he thought the proposed ordinance should be as clear and concise as possible. Councilmember Palmer concurred. In response to Councilmember Kasper, Ms. Block stated that the owner of a residential lot would be required to obtain a permit to cut down a tree on an undeveloped lot. Councilmember Wilson recommended that the Council define the size of a single family lot to which the ordinance would apply. Ms. Block said the proposed ordinance defines a developed lot as not capable of being subdivid- ed. She noted that a lot that is capable of being subdivided is addressed in the ordinance. Councilmember Palmer suggested an exemption from the Code for residentially -zoned property that is 20,000 square feet or less. Councilmember Wilson thought the lot size should be at least 1/2 acre or 2/3 of an acre. Councilmember Kasper inquired how the Meadowdale area would be affected if such an exemption were allowed. Ms. Block said a majority of the Meadowdale area would be exempt because many of the lots are 20,000 square feet. She suggested that a certain size lot in each zone be exempted if the Council wanted to integrate the size of a parcel with specific zoning. Councilmember Jaech cautioned the Council not to exempt lots that are under 20,000 square feet if they are lots that are contiguous with one another and under the ownership of one person because there is a potential that each lot could be individually clear cut. She used her own property as an example because her home is on four of the downtown undersized lots which are contiguous but only comprise two standard building lots. She could foresee how a similar situation could be misused. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER FOR DISCUSSION, TO ADOPT THE RECOM- MENDED ORDINANCE WITH THE FOLLOWING CHANGES: UNDER EXEMPTIONS ON PAGE 2, REVISE LINE "A" SUCH THAT CLEARING ON UNDEVELOPED SINGLE FAMILY LOTS THAT ARE 26,600 SQUARE FEET OR UNDER ARE AN OUT- RIGHT EXEMPTION; CLEARING ON PARTIALLY DEVELOPED SINGLE FAMILY LOTS IS EXEMPT EXCEPT FOR ITEMS 1, 2 AND 3 THAT ARE LISTED IN THE PROPOSED ORDINANCE. The Council discussed the feasibility of not allowing the exemption for a 26,600 square foot lot if a lot owner submits an application for a building permit. COUNCILMEMBER PALMER MOVED TO AMEND THE MOTION TO REVISE THE PROPOSED ORDINANCE TO THE EFFECT THAT THE COUNCIL VOTES ON THE MOTION AND ALLOWS STAFF AN OPPORTUNITY TO REVIEW THE COUNCIL'S AC- TION, AND THEN SET A PUBLIC HEARING. THE SECONDER AGREED. MOTION CARRIED. A public hearing was scheduled on October 16, 1990. REVIEW OF COMMITTEE RECOMMENDATION FOR TELECOMMUNICATION CONSULTANT, AND AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH TELCOM MANAGEMENT CONCEPTS Steven Perry, Chairman of the Telephone Committee, reported that the Committee has screened the r� applications of telecommunication consultants from a number of companies from around the Pacific Northwest. He said the Committee feels that Telcom Management Concepts of Federal Way will best serve the City. They employ a staff of consultants that are very experienced in the field and who have performed similar tasks for a number of other municipalities in the area. He noted that the City Attorney has drafted a proposed contract for review by the Council. Councilmember Wilson said he was a little surprised that the fee was as high as $18,455. Mr. Perry explained that that figure is in the mid -range. He said several firms have offered to provide services at a lower rate, but the Committee questioned their expertise and ability to perform. Councilmember Wilson expressed concern that the budgeted amount for the telephone EDMONDS CITY COUNCIL MINUTES Page 3 AUGUST 28, 1990 system may prove to be inadequate. Mayor Pro Tem Nordquist said he served on the Committee, and he believed that the proposal is realistic. He added to Mr. Perry's comments about the selection process. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT THE COMMITTEE'S RECOMMEN- DATION REGARDING THE TELECOMMUNICATION CONSULTANT CONTRACT AND AUTHORIZE THE MAYOR TO SIGN THE CONTRACT. MOTION CARRIED. REQUEST FOR AUTHORIZATION TO SPEND UP TO $1,100 FOR PARTICIPATION IN INDEPENDENT STUDY OF SEATILE WATER RATINCREASE Community Services Director Peter Hahn stated that Edmonds purchases approximately one-third of )� its water from the City of Seattle. He said Seattle has been preparing a major rate study which IL would result in significant water rate increases in 1991 for Edmonds and the other purveyors. He noted that the purveyors are conducting an independent review of the Seattle study to insure that rates will be as low as possible. Mr. Hahn said the purveyors' group is asking for participation by purveyors in the study at the rate of 1/6 of one cent per 100,000 hundred cubic feet. Based upon projections for 1990 consumption, Edmonds' contribution could be $1,100. Mr. Hahn said it is the recommendation of Staff to approve the expenditure of $1,100 from Fund 411, the Combined Utility Fund. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE EXPENDITURE OF $1,100 FROM FUND 411, THE COMBINED UTILITY. MOTION CARRIED. MAYOR Mayor Pro Tem Nordquist said unless the Council objects to a transfer in ownership for Harvey's , Tavern, the application for the liquor license will be recommended for approval. No objection ikt;w �lf'� was noted. Mayor Pro Tem Nordquist said the traffic signals at the intersections near 205th and Highway 99 ` y that were installed by the State Department of Transportation are extremely disruptive to traf- �Y fic. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO WRITE A LETTER TO THE STATE (.a DEPARTMENT OF TRANSPORTATION AND TELL THEM THAT THE CITY DOES NOT APPRECIATE THEIR ACTION WITHOUT J.J. NOTIFYING THE CITY FIRST. MOTION CARRIED COUNCIL Councilmember Dwyer requested Staff to respond to the letter from Norman Jacobsen `regarding the sprinkler system that he installed. Councilmember Palmer referred to the memorandum from the Personnel Manager and inquired whether ,/ Personnel In authority r sponse, COUNCILMEMBERDWYER authorize ad ditional BY funding COUNCILMEMBEKASPER, TO APPfor legal re presenta- tion. tionTHE l EXPENDITURE TO CONTINUE THE DEFENSE OF THE CETA LAWSUIT ON THE SAME PROPORTIONAL BASIS AS THE CITY HAS PREVIOUSLY ENGAGED IN. MOTION CARRIED. Councilmember Palmer referred to a memorandum from Mayor Naughten with respect to last week's hearing on the apartment house on 3rd. Councilmember Palmer said he did not agree with all of the inferences that were made in that memo. He noted that the Council was extremely interested in receiving information regarding traffic during the hearing process. He questioned why Staff did not provide that information to the Council at that time if it was available to them. He said the issue is an administrative issue and should be addressed by the Mayor and Staff. Councilmember Hertrich said he has not received a reply from County officials with respect to the development on 238th. Community Services Director Peter Hahn said County officials and Staff will meet on Thursday or Friday to discuss the issue. Councilmember Wilson said he hopes the City does not participate in providing names for the Advi- sory Committee for the Bothell Branch Campus because he believed the.entire program is ill-con- ceived. The meeting adjourned at 9:10 p.m. THESE MINUTES ARE SUBJECT TO SEPTEMBER 4, 1990 APPROVAL. t1 gACQIdELINE G. PAR ETT, City Clerk JOHN KRDQUISayor Pro Tem Z-WONDS CITY COUNCIL MINUTES Page 4 AUGUST 28, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING . 7:00 - 10:00 P.M. CALL TO ORDER FI Ar, CAI 1ITF 1. CONSENT AGENDA 10 AUGUST 28, 1990 WORK MEETING - NO AUDIENCE PARTICIPATION (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 21, 1990 (C) APPROVAL OF CITY-STATE AGREEMENT REGARDING FERRY STUDY (D) ACCEPTANCE OF EASEMENT FROM ARNE M. AND PAM A. FERKINGSTAD FOR INSTALLATION OF STORM SEWER CULVERTS AT 1015 CASCADE DR. (E) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEIGHT VARIANCE AT 15805 72ND AVE. W. (V-15-90/ AP-15-90/M. K. BINGHAM) (F) AUTHORIZATION TO CALL FOR BIDS FOR TILE INSTALLATION AT MEADOWDALE COMMUNITY CLUBHOUSE (G) AUTHORIZATION TO SPEND UP TO $2,000 FOR DRAINAGE PIPELINE CLEANING ON DAYTON ST. 2. CWC-HDR MONTHLY REPORT 3. EXECUTIVE SESSION - REPORT FROM CABLE TV CONSULTANT 4. PROPOSED ORDINANCE 2792 AMENDING COMMUNITY DEVELOPMENT CODE TO ESTABLISH LANDSCAPE STANDARDS FOR ARCHITECTURAL DESIGN BOARD (CONTINUED FROM MAY 1, 1990 HEARING AND MAY 29, 1990 CONSENT AGENDA) 5. CONTINUED COUNCIL DELIBERATION ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED ORDINANCE AMENDING COMMUNITY DEVELOPMENT CODE RELATING TO LAND CLEARING AND TREE CUTTING (CDC-2-89/CITY OF EDMONDS) (CONTINUED FROM JUNE 26 DELIBERATION AND SECOND PUBLIC HEARING MAY 15, 1990) 6. REVIEW OF COMMITTEE RECOMMENDATION FOR TELECOMMUNICATION CONSULTANT, AND AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH TELECOM MANAGEMENT CONCEPTS 7. REQUEST FOR AUTHORIZATION TO SPEND UP TO $1,100 FOR PARTICIPATION.IN INDEPENDENT STUDY OF SEATTLE WATER RATE INCREASE 8. MAYOR 9. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE