Loading...
04/25/1989 City CouncilTHESE MINUTES SUBJECT TO MAY 2, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES APRIL 25, 1989 (WORK MEETING) The regular 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 Larry Naughten, Mayor Bill Kasper, Council President Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember Dave Berdine, Student Rep. STAFF Mary Lou Block, Planning Div. Mgr. Jack Weinz, Fire Chief Bobby Mills, Public Works Supt. Art Housler, Admin. Svc. Director Bob Alberts, City Engineer Dan Prinz, Police Chief Gordy Hyde, Engineering Coord. Gary McComas, Fire Marshal Scott Snyder, City Attorney Margaret Richards, Recorder The Council had their portrait taken outside of the Plaza Room. CONSENT AGENDA Items (D) and (E) were removed from the Consent Agenda. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The ap- proved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF APRIL 4, 1989 AND APRIL 18, 1989 (C) ACCEPTANCE OF QUIT CLAIM DEED FROM SEAWOOD HOMES, INC., FOR 10 FOOT DEDICATION OF STREET RIGHT-OF-WAY AT 18107 - 88TH AVE. W. (F) APPROVAL OF CHANGE ORDER TO EXISTING CONTRACT TO FENCE NEW PUBLIC WORKS SITE PROPOSED ORDINANCE 2710 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO SERVICE CLUB SIGNS LITEM D N�THE CONSENT AGENDA COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO LIMIT THE HEIGHT OF THE SIGNS TO A MAXIMUM OF 7 FEET AND APPROVE ITEM (D). Councilmember Kasper inquired about the rationale for the 7 foot height max-imum. Councilmember Hertrich compared his height of 6 feet to the ceiling drop of the Plaza Room of 10 feet. He felt that 7 feet was a more reasonable height. Councilmember Wilson agreed that 10 feet was somewhat excessive. Council discussion ensued regarding the appropriate height for the sign. COUNCILMEMBER DWYER MOVED TO AMEND, SECONDED BY COUNCILMEMBER WILSON, THE MOTION TO 8 FEET. MOTION CARRIED. MAIN MOTION, AS AMENDED, CARRIED. PROPOSED ORDINANCE AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO STREET STANDARDS ITEM E ON THE CONSENT AGENDA Because Councilmember Hertrich and Councilmember Kasper wished to discuss the item at some length, it was placed on the regular agenda following Item #9. CWC-HDR MONTHLY TREATMENT PLANT REPORT Bud Benges, CWC-HDR, Inc., reported that the contractor has completed all perimeter below grade walls and portions of some interior walls at the raw sewage pumping station. The three dewatering wells at the station continue operation. Drilled piers on the south end of the existing primary clarifiers were installed. Mr. Benges said excavation inside the slurry cutoff wall for the incinerator room of the solids process building is approximately 75% complete. The excavation inside the cutoff wall has re- quired dewatering since the contractor has had difficulty stopping leaks at tieback locations on the cutoff wall. The contractor has installed a shoring wall along the west perimeter of the Phase I area in preparation for excavation of primary clarifier no. 3. This excavation will also require dewatering. The contractor has installed two additional dewatering wells to accomplish this work. Mr. Benges noted that the contractor has informed CWC-HDR that a claim is forthcoming regarding dewatering activities for Phase 1. Mr. Benges said the telemetry project plans have been submitted to W.S.D.O.T. for review. An early summer bid date is planned. Mr. Benges added that the contract is 116 days into construction as of April 17, 1989, represent- ing 10.1% of the total contract time. Pay estimate no. 3 for work performed from February 28, 1989 through March 31, 1989 was for $512,309. Total payments to date equal $1,190,857 or 4.5% of the total contract amount. Councilmember Dwyer inquired about the basis of the claim from the contractor. Mr. Benges said there has been no condition that has not been anticipated so he was unsure what the claim en- tailed. Councilmember Dwyer inquired if the contractor is required to give notice of a claim. Mr. Benges said the contractor is required to give notice of a claim within a specified period of time of the event that gave rise to the claim. Councilmember Dwyer asked what event led to the claim. Mr. Benges said that information was not clearly defined in the contractor's letter. City Engineer Bob Alberts noted that a packet was prepared by the City's attorney in the event that a conflict arises with respect to the claim and the engineer's findings. Mayor Naughten called an Executive Session following the regular agenda to discuss a property matter. DISCUSSION BY REID, MIDDLETON & ASSOCIATES REGARDING NORTH MEADOWDALE ROAD City Engineer Bob Alberts noted that on December 6, 1988, the Council directed Staff to review North Meadowdale Road and future right-of-way requirements and report back to the Council in six months. On January 17, 1989, the Council authorized retaining Reid, Middleton & Associates (RMA) to review the existing road, existing right-of-way and future needs. Mr. Alberts introduced Paul Mastin and Bob Stevenson from RMA. Mr. Mastin said the original scope of work was to identify the existing recorded right-of-way on North Meadowdale Road between 68th Avenue West and 75th Avenue West; to conduct a sight distance analysis; and develop both short and long-term recommendations to mitigate sight distance hazards. Mr. Mastin said the section of North Meadowdale Road between 75th Avenue West and 68th Avenue West is a narrow, winding two-lane road located generally in a ravine floor. He said the paved roadway surface is approximately 22 feet wide with two 11 foot wide travel lanes. Shoulders and sidewalks are generally nonexistent. Mr. Mastin said plans were prepared which defined the existing pavement limits and the approxi- mate location of the 40 foot platted right-of-way for North Meadowdale Road between 68th Avenue West and 75th Place West. As several previous surveys indicated, the existing roadway is not physically located within the platted right-of-way. The plans show the 60 foot right-of-way per. City of Edmonds Ordinance No. 1853 and the current status of public and private ownership. Mr. Mastin noted that the posted speed limit on North Meadowdale Road is 25 mph. A policy on geometric design of highways and streets recommends a minimum stopping sight distance of 150 feet on that road. Mr. Mastin reviewed the short -terms recommendations of RMA, noting that the pedestrian crossing at Curve No. 3 should have appropriate warning signs and pavement markings installed immediately to identify the crossing to both drivers and pedestrians. He said Curve No. 6 has an existing stopping sight distance of 85 feet and, therefore, should be signed immediately for 15 mph. The severity of the curve should be indicated in both directions. He also reviewed the long-term recommendations. He said the existing pedestrian crossing at Curve No. 3 is extremely dangerous and should be moved away from the curve to a straight section of road with adequate stopping sight distance. A trail would have to be built down the west side of North Meadowdale Road from 164th within the 60 foot right-of-way. EDMONDS CITY COUNCIL MINUTES Page 2 APRIL 25, 1989 Mr. Mastin said the existing pavement width of 22 feet on North Meadowdale Road does not afford a driver any maneuvering room to avoid obstacles in the roadway. He recommended that the City adopt a long-range goal to install paved shoulders to help alleviate this hazard. Ms. Mastin noted that City of Edmonds Ordinance No. 1853 established the future right-of-way for North Meadowdale Road at a width of 60 feet. He said it may be possible to reduce the required right-of-way to as little as 40 feet in some locations, depending on the area needed to construct roadway cut and fill slopes. Pending a more detailed design analysis for North Meadowdale Road, he recommended that requests for reduction in right-of-way width be reviewed on a case -by -case basis. The Council watched a video of North Meadowdale Road. Mr. Alberts said Staff will pursue reduction of the right-of-way that is shown on the Official Street Map if the Council so desired. Mayor Naughten inquired if the North Meadowdale Trail Committee has reviewed the possibilities of a pathway. Engineering Coordinator Gordy Hyde said a tentative alignment of the walkway was discussed, but he said the Committee was awaiting the report from RMA before making a final recom- mendation. Councilmember Kasper inquired if maximum development and traffic conditions have been projected for the North Meadowdale area. Mr. Alberts replied negatively. Councilmember Kasper said any improvements made to North Meadowdale Road should account for future development. Jeanine Casper said the area cannot sustain much more development. She said widening of the roadway will encourage further development. Ms. Casper noted that the area is still inhabited by several species of wildlife, and she feared that increased growth will force those animals away from the area. Councilmember Hertrich said he would like the nature of the area preserved and was not in favor of a four -lane roadway, but he felt improvements were necessary to provide. safer vehicular and pedestrian safety. Paul Joslin, 16219 - 70th P1. W., said he believed the intent of the City Council was not to promote a dramatic increase in development in the area. He said the area residents were only interested in developing a pathway. Mayor Naughten inquired when a recommendation would be forthcoming from the Committee. Mr. Hyde. replied in approximately a month. Councilmember Kasper requested Staff to provide the Council with information indicating the growth potential for the North Meadowdale area. PROPOSED ORDINANCE 2712 AMENDING CITY CODE CHAPTER 5.05 RELATING TO ANIMAL CONTROL Police Chief Dan Prinz said the amendment reorganizes existing sections, clarifies procedures for abatements and hearings, and adopts State law regarding dangerous dogs. It also defines danger- ous dog, potentially dangerous dog, proper enclosure of a dangerous dog, severe injury, and own- er. It changes the license fees for unneutered males to $18, late fee penalties for spayed/neutered dogs to $10, and changes the hearing officer to the Municipal Court Judge. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE PROPOSED ORDINANCE 2712 AMENDING CHAPTER 5.05 RELATING TO ANIMAL CONTROL. MOTION CARRIED. DISCUSSION OF PROPOSED ORDINANCE REQUIRING SPRINKLERS IN NEW MULTI -FAMILY DEVELOPMENTS Fire Chief Jack Weinz said Staff has awaited the outcome of the 1988 Uniform Fire Code (UFC) before addressing the requirement of sprinkler systems in apartments houses. He said the 1988 UFC contains a revision that requires automatic fire extinguishing systems throughout every apart- ment three or more stories in height or containing more than 15 dwelling units, and every hotel three or more stories in height or containing 20 or more guest rooms. Chief Weinz said the City may revise this section of the UFC to include multi -family residential buildings with five or more dwelling units or guest rooms. Chief Weinz said it is the recommendation of Staff to revise the Code to require automatic sprin- kler systems throughout every new apartment house and every new hotel containing five or more dwelling units. EDMONDS CITY COUNCIL MINUTES Page 3 APRIL 25, 1989 Councilmember Kasper inquired if the UFC will require sprinkler systems in single-family struc- tures. Chief Weinz replied negatively. Councilmember Kasper inquired why sprinkler systems are required in commercial structures and not single-family structures. Fire Marshal Gary McComas said the Building Code Council has historically exempted structures with less than five units. Councilmember Hertrich noted that King County passed a sprinkler ordinance that is more stringent than State requirements. He said the proposed ordinance does not address condominiums. Chief Weinz said although the proposed ordinance does not call specific attention to condos, those structures are included. Councilmember Wilson inquired about the Code with respect to smoke alarms. Fire Marshal McComas said any new building is required to install single station smoke detectors and smoke -detection systems are required for structures over three stories or 15 units or more. Councilmember Kasper suggested that condominiums be specifically referenced in the proposed ordi- nance. City Attorney Scott Snyder pointed out that the Code dos not make a distinction between apartments and condominiums in terms of ownership. - In response to Councilmember Hertrich, Mr. Snyder stated that the King County ordinance is not effective yet because it must still pass review by the State Building Code Council. He said it was his understanding that the Council directed Staff to provide them with an option. Mr. Snyder said the proposed ordinance is consistent with the 1988 amendments at the level that the City could enact without waiting for further review. Councilmember Hertrich inquired if a sprinkler ordinance exists which addresses group "A". Chief Weinz replied affirmatively. Councilmember Jaech suggested that the item be scheduled for discussion on a future agenda if any Councilmember wished to go beyond the realm of multi -family structures. Councilmember Hertrich said he felt the proposed ordinance was a step in the right direction but should encompass a number of other structures. He said the City should increase public safety. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO SCHEDULE A PUBLIC HEARING ON JUNE 20TH AND CLARIFY THE LANGUAGE WITH RESPECT TO APARTMENTS. MOTION CARRIED. REVIEW WARRANTS Councilmember Nordquist asked if the shock advisory system and simulator was bid on. Fire Chief Jack Weinz replied affirmatively. Councilmember Hall inquired about the policy regarding gas mileage for Councilmembers. Council - member Kasper said Councilmembers_are generally reimbursed for mileage when they travel out of town. Councilmember Dwyer suggested that the Council discuss a policy with respect to Council expenditures in the near future. Councilmember Kasper recommended that the State Auditor be contacted so that the Council can determine which expenditures are deductible. REVIEW OF DESIGN/ENGINEERING PROPOSALS FOR PLAZA LEVEL RESTROOMS AND SEISMIC EVALUATION OF PUBLIC SAFETY KOD COMMUNITY SERVICES BUILDINGS City Engineer Bob Alberts said the Council requested Staff to obtain a structural evaluation of two of the four options which were presented to the Council on March 28 for Plaza Room restrooms. He said Jack Whiteley provided a cost estimate for the structural analysis of $1,780. Tom Ryan of Arai/Jackson estimated design services at $10,850 and between $50,000 to $80,000 for project construction. Mr. Alberts said since Arai/Jackson is well acquainted with the structural details and weight bearing limitations of the structure, an independent structural design would not be needed. He . said the Council may wish to proceed with design rather than spend $1,780 for a structural analy- sis. The Council questioned the feasibility and .practicality of constructing restroom facilities on the Plaza Room level. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO TABLE FURTHER DISCUSSION FOR THE PRESENT TIME. MOTION CARRIED. Mr. Alberts said both the Building Official and Assistant Fire Chief have expressed strong con- cerns regarding the ability of the Public Safety building and Community Services building to withstand earthquakes. Jack Whiteley has provided a cost estimate of $2,000 for an evaluation. EDMONDS CITY COUNCIL MINUTES Page 4 APRIL 25, 1989 Mr. Alberts recommended that the evaluation be funded from either Fund 116 ending cash balance or the Council Contingency Fund. Councilmember Jaech inquired if Mr. Whiteley was qualified to conduct the evaluation. Mr. Al- berts replied affirmatively. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO PROCEED WITH THE REQUEST TO CON- DUCT THE STUDY, TO BE FUNDED FROM FUND 116 UP TO $2,000. MOTION CARRIED. APPROVAL OF ORDINANCE 2713 PROVIDING FOR ACQUISITION OF CERTAIN REAL PROPERTY FOR PURPOSE OF --CONSTRUCTING THE 208TH STREET SOUTHWEST STREET PROJECT City Engineer Bob Alberts reported that the City has been notified by the Lynnwood City Attorney that it will be necessary to acquire right-of-way in Edmonds for the improvements to 208th. Because of the critical timing involved, it is imperative that the Council act quickly to procure the necessary right-of-way. Councilmember Hertrich expressed concern that the ordinance will allow the City of Lynnwood to commence condemnation proceeds without notifying the City of Edmonds. Loren Sands, City of Lynn- wood, said only the City of Edmonds has the authority to commence condemnation proceedings within City bounds. He said the ordinance only sets in motion the ability to allow Lynnwood the use of properties so the project can proceed. City Attorney Scott Snyder said if a condemnation proceeding must be negotiated, he will submit an individual report on any suit for Council review before it is filed. Councilmember Jaech was uncomfortable with the proposed ordinance because she said "it will be like a big hammer that's held over the heads of the citizens to get them to acquiesce". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE ORDINANCE AND ACT UPON THE CITY ATTORNEY'S ADVICE. MOTION CARRIED WITH COUNCILMEMBER JAECH OPPOSED. COUNCILMEMBERS' REPORTS ON VARIOUS BOARDS AND COMMISSIONS * Councilmember Hall reported that the Cost Study Commission and Finance Committee will meet on May 18th to discuss Health Board issues. She noted that the Cultural Arts Board met recently and will meet on a quarterly basis until it is decided when to put the issue on the ballot again. Councilmember Nordquist reported that County Councilman Bill Brubaker sent a letter to the Mayor of Everett explaining the cost to relocate the Snohomish County Health Board. He said a study indicated that rent will cost an additional $700,000 per year. He noted, however, that legisla- tive action is pending with regard to what entity (County versus cities) is responsible for pub- lic health services. * Councilmember Kasper said Community Transit will have $7 million less in funding sources due to the gas tax and must cut back on transportation services as a result. He said, however the Coun- ty has offered to fund elderly and handicapped transportation services. PROPOSED ORDINANCE 2711 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO STREET STANDARDS ITEM E N THE CONSENT AGENDAJ COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (E) BUT DELETE PARAGRAPH 2 ON PAGE 4. Councilmember Kasper felt that the definition of alleys should be included in the amendment to the Edmonds Community Development Code. City Attorney Scott Snyder said Staff was concerned about the definition of alleys as it relates to Chapter 21 of the Zoning Code where it states that alleys can only be used as a secondary means of access. Mr. Snyder said he submitted an ordinance to the Mayor to provide a way to review what "secondary" means. COUNCILMEMBER KASPER MOVED TO AMEND, SECONDED BY COUNCILMEMBER WILSON, THE MOTION TO ADOPT THE PROPOSED ORDINANCE AS WRITTEN. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER HALL, COUNCILMEMBER JAECH, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER NOROQUIST OPPOSED. * MAIN MOTION, AS AMENDED, CARRIED WITH COUNCILMEMBER NOROQUIST AND COUNCILMEMBER DWYER OPPOSED. * SEE COUNCIL MINUTES OF MAY 2,1989 EDMONDS CITY COUNCIL MINUTES Page 5 APRIL 25, 1989 MAYOR Mayor Naughten noted that County Staff issued a report stating that they did not believe that the Esperance annexation would negatively impact the County. Mayor Naughten announced that he intended to appoint James Driscoll as Hearing Examiner for anoth- er four-year term based on the confirmation of the Council. City Attorney Scott Snyder reminded the Council that the Cable Commission recommended that the City retain Miles Overholt, the cable's communication consultant. Councilmember Dwyer said he was under the impression that the Council favored Les Pages. He questioned whether the Council should defer to the wishes of the Commission. Councilmember Jaech said she felt that Mr. Pages was more knowledgeable in State laws and would serve the citizens better. Councilmember Wilson said he felt that Mr. Pages was more qualified and was stunned that the Commission recommended Mr. Overholt. He pointed out that the Council is accountable to its citizenry and must not defer t the Commission when the Council believes that Mr. Pages is the appropriate choice. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO INSTRUCT THE CITY ATTORNEY TO ENTER INTO NEGOTIATIONS FOR CABLE CONSULTANT LES PAGES FROM LAKE OSWEGO. MOTION CARRIED. Mayor Naughten said the City Attorney informed him that Councilmembers will be not terminated from their position so long. as their absences from Council meetings are excused. COUNCIL Council President Kasper noted that a dinner meeting with the School District has been scheduled on May 9th from 5:30 to 7:15 p.m. at Fishhouse Charlie's Restaurant. Council President Kasper scheduled further discussion of the Sister City issue on May 16th that was discussed at the last study session. Student Representative Dave Berdine said there is a bill in the legislature,.HB 5352, to do away with the Student Motivation, Retention and Achievement Program. He circulated a letter to the Council and requested them to contact a State Representative to urge the State to retain the program. Councilmember Wilson thanked Council President Kasper for organizing the Council retreat. He felt that the Council got a lot accomplished. .. Councilmember .Hertrich noted that it was his birthday. The Council wished him a happy birthday Councilmember Hall noted that she and the Mayor attended the International Week ceremony at the Community College. Councilmember Jaech noted that oversized trucks are travelling through town on unauthorized roads. She requested Staff to investigate the matter. The Council recessed to.an Executive Session at 9:33 p.m. to discuss a legal matter for approxi- mately fifteen minutes and adjourned thereafter. THESE MINUTES ARE SUBJECT TO MAY 2, 1989 APPROVAL. CQULvLINE G. P RRETT, City Clerk L RY S. AUGHTEN, M yor EDMONDS CITY COUNCIL MINUTES Page 6 APRIL 25, 1989 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. APRIL 25, 1989 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER FLAG SALUTE COUNCIL PORTRAIT - 7:15 P.M. 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF APRIL 4, 1989 AND APRIL 18, 1989 (C) ACCEPTANCE OF QUIT CLAIM DEED FROM SEAWOOD HOMES, INC., FOR 10' DEDICATION OF STREET RIGHT-OF-WAY AT 18107 88TH AVE. W. (D) PROPOSED ORDINANCE 2710 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO SERVICE CLUB SIGNS (E) PROPOSED ORDINANCE 2711 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO STREET STANDARDS (F) APPROVAL OF CHANGE ORDER TO EXISTING CONTRACT TO FENCE NEW PUBLIC WORKS SITE 2. CWC-HDR MONTHLY TREATMENT PLANT REPORT (10 MINUTES) 3. DISCUSSION BY REID, MIDDLETON & ASSOCIATES REGARDING NORTH (20 MINUTES) MEADOWDALE RD. 4. PROPOSED ORDINANCE 2712 AMENDING CITY CODE CHAPTER 5.05 RELATING (15 MINUTES) TO ANIMAL CONTROL 5. DISCUSSION OF PROPOSED ORDINANCE REQUIRING SPRINKLERS IN NEW (45 MINUTES) MULTI -FAMILY DEVELOPMENTS 6. REVIEW WARRANTS (15 MINUTES) 7. REVIEW OF DESIGN/ENGINEERING PROPOSALS FOR PLAZA LEVEL RESTROOMS (10 MINUTES) AND SEISMIC EVALUATION OF PUBLIC SAFETY AND COMMUNITY SERVICES BUILDINGS 8. APPROVAL OF ORDINANCE 2713 PROVIDING FOR ACQUISITION OF CERTAIN REAL PROPERTY FOR PURPOSE OF CONSTRUCTING THE 208TH STREET SW STREET PROJECT (15 MINUTES) 9. COUNCILMEMBERS' REPORTS ON VARIOUS.BOARDS AND COMMISSIONS (20 MINUTES) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE