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02/25/1992 City CouncilTHESE MINUTES SUBJECT TO MARCH 2 APPROVAL EDMONDS CITY COUNCIL MINUTES FEBRUARY 25,1992 The meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura M. Hall at the Library Plaza Room, 650 Main Street. All present joined in the flag salute. PRESENT Laura M. Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember Michael W. Hall, Councilmember Bill Kasper, Councilmember John Nordquist, Councilmember Tom Petruzzi, Councilmember Brett Shirley, Student Representative STAFF Art Housler, Admin. Serv. Dir. Peter Hahn, Comm. Serv. Dir. Rob Chave, Planning Manager Dan Prinz, Police Chief Bob Alberts, City Engineer Noel Miller, Public Works Supt. Rhonda March, City Clerk Scott Snyder, City Attorney Barb Mehlert, Recorder Mayor Hall noted Item 4: "PRESENTATION BY DINGFIELD & ASSOCIATES AND STEVE McCARY ON STEVENS HOSPITAL MASTER PLAN", was removed from the Agenda at the request of Mr. McCary. CONSENT AGENDA Items (B) and (E) were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. THE APPROVED ITEMS ARE AS FOLLOWS: �y (A) ROLL CALL }I' (C) REPORT ON BIDS OPENED FEBRUARY 18 FOR SALE OF MOBILE HOME AT.212TH/72ND PUBLIC WORKS SITE AND AWARD BID TO HIGH BIDDER P" (D) AUTHORIZATION TO CALL FOR BIDS FOR 1992 WATER MAIN REPLACEMENT PROGRAM. APPROVAL OF MINUTES OF FEBRUARY 18, 1992 (Item (B) on the Consent Agenda) " ember Nordquist Page Two, under Approval of Revised Contract for Council Resource Person , Councilmember requested q the following addition: "Councilmember Nordquist asked if it was Council President Palmer's recommendation the Council adopt the contract, and Council President Palmer replied affirmatively". With this addition noted, COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO APPROVE ITEM (B). MOTION CARRIED. AUTHORIZATION TO PURCHASE FORMS PRINTER FOR COMMUNITY SERVICES RECEIPTS AND PERMITS ($503.13) (Item (E) on the Consent Agenda) Council President Palmer inquired on the funding source for the $503.13. Planning Manager Rob Chave replied Capital Expenditures, under Building Division. Mr. Chave said he was not sure, however, if Building Division would consider this as one item or whether they would break it down. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER TO APPROVE ITEM (E). MOTION CARRIED. PRESENTATION BY SEAWOOD HOMES (DOUG PURCELL) REGARDING SETTLEMENT OF CLAIM History and Background City Attorney Scott Snyder stated Doug Purcell is an attorney representing Lee Atherton, President of Seawooe Homes. Mr. Snyder said following this discussion, an Executive Session would be held to develop a negotiating strategy and response. �O Doug Purcell, 16614 72nd Ave. West, Attorney for Seawood Homes, said Seawood Homes is requesting a total amount of $72,560.74 from the City of Edmonds for costs associated with installing a new sewer pipeline in Edmonds Street. It was noted the City Council authorized $32,264 to reimburse Seawood Homes for this purpose on October 1, 1991. Mr. Purcell said Craig Campbell of Lovell-Sauerland was present to speak on this subject. Mr. Purcell stated as part of the development requirements for the Seawood development at the end of Edmonds Street, a new sewer pipeline or a replacement was required due to maintenance problems with the existing pipeline installed in the 1950's through an L.I.D., which included the property under development. Craig Campbell, representative from Lovell-Sauerland, said during the course of the work, the contractor found different pipeline and soil conditions which were not shown on the plans, and stated numerous problems developed which required the contractor to develop a new design. Mr. Purcell said City Staff agreed to the new design, which included a pile system and change in the pipeline material. After the installation, the developer submitted a letter to the City requesting 100% reimbursement for all costs associated with the installation of the sewer pipeline for a total cost of $72,560.74. Mr. Purcell said since costs and level of participation had not been agreed upon and previous discussions with staff had set a maximum amount of 50%, the City disagreed with the request. Mr. Purcell feels "all bets are off" and said his client is asking for 100% reimbursement, as the problems stem from an improperly installed sewer line from the beginning, for which he feels the City is liable. Lee Atherton, 26212nd Avenue, Seattle, President of Seawood Homes, addressed the "All bets are off' statement. Mr. Atherton said the project was a simple project to begin with, which developed into a much larger project because of the associated problems, and therefore, the City's share in the cost are not the same as originally agreed upon. Council Discussion and Deliberation Councilmembers expressed their concern over the "all bets are off" statement and said the City had already agreed to pay 50% of the costs, and doesn't understand why the Contractor would proceed on a project of the magnitude they are describing without a firm understanding on the distribution for payment. Council President Palmer inquired if soil samples were performed by the contractor when it was realized the project was much larger than first thought, and it was noted by Mr. Purcell that both the City and Contractor "pot -holed" the site and discovered nothing unusual. The Mayor and Council recessed to an Executive Session at 7:35 p.m. to discuss this matter, as well as additional legal matters. The Mayor and Council reconvened at 8:35 p.m. REPORT AND DISCUSSION ON YOST POOL COVER (Continued from December 17,1991 4�vl Staff Report and Recommendation Bob Alberts, City Engineer, stated Staff was requested to estimate all the costs to construct a swimming pool bubble that would provide a user friendly environment during cold weather and meet the Washington State Energy Code. Mr. Alberts stated the cost estimate is $448,705.40, and noted the original budget in 1991 was $175,000. Mr. Alberts recommended the City not proceed with this project at this time. Council Discussion and Deliberation The Council stated their satisfaction of finally nailing down a total cost for the bubble. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO REMOVE THE PROJECT FROM CONSIDERATION AND FREE UP ANY BUDGETED FUNDS FOR REDISTRIBUTION. MOTION CARRIED. CONTINUED DISCUSSION ON PROPOSED CRITICAL AREAS ORDINANCE (Continued from February 18, 1992) Staff Report and Recommendation Rob Chave, Planning Manager, stated the City Council received the recommendation of the Planning Board on their draft critical areas ordinance at its February 18th meeting. After holding a public hearing, the Council scheduled this subject for discussion on February 25 to review responses to questions and comments, and to enable the Council to discuss issues related to the ordinance. Dyanne Sheldon, Sheldon & Associates, addressed several issues for the Council including the definition of "Adjacency" and "Buffers". Ms. Sheldon said the Council previously had questions on the reasoning behind the 500 foot distance for the issue of adjacency and distributed an outline of what other jurisdictions have adopted. Council Discussion and Deliberation Mayor Hall referenced her letter to the Council recommending the Council adopt the interim draft ordinance. The Council discussed the term "Adjacent", and after discussion on this item, it was the consensus of the Council that the 500 feet used to define "adjacency" in the interim ordinance should be changed to another figure. Councilmembers felt that Edmonds is not as rural of an area as other jurisdictions who have adopted the 500 feet for defining "adjacency". Councilmember Petruzzi asked Ms. Sheldon if there was a way to come up with a number, other than the 500 feet, that would be a little more scientific than arbitrarily choosing the 500 feet. Ms. Sheldon said a study could be performed, EDMONDS CITY COUNCIL MINUTES Page 2 February 28, 1992 however, it would take several years and a great deal of money. Ms. Sheldon said the City will have to rely on professional judgement at some point, and Ms. Sheldon concurred with the Council that the 500 feet may be too great, and recommended the City of Edmonds double the proposed buffer dimensions for the definition of what constitutes "adjacency". It was noted by Planning Manager Rob Chave that this formula is a reasonable alternative to the proposed 500 feet formula. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ACCEPT THE RECOMMENDATION OF THE CONSULTANT TO DOUBLE THE PROPOSEI BUFFER DIMENSIONS FOR THE DEFINITION OF WHAT CONSTITUTES THE TERM "ADJACENCY' MOTION CARRIED with Councilmember Nordquist, Councilmember Dwyer, Councilmember Earlinl Councilmember Petruzzi, and Councilmember Palmer voting yes, and Councilmember Hall, and Councilmembe Kasper voting no. It was noted by Councilmember Dwyer that the Council is willing to reconsider this adopted motion in the course of the public hearing scheduled for March 2, 1992. City Attorney Scott Snyder asked the Consultant if the term "Adjacency" is to be measured in terms of the lot on which the activity takes place or the actual foot print of the building structure. Ms. Sheldon replied it would be measured in terms of the location of the activity. The Council discussed the proposed interim ordinance in more detail including the geological hazardous areas, and the associated buffers. Regarding the term "buffers", and the definitions of those in the geologically hazardous areas. Ms. Shelson said the buffers are recommendations, and stated they are far more restrictive in the resource lands, however, she noted the buffers proposed are not mandatory. It was the consensus of the Council to agree with the current definition of "buffer" as it is stated in the draft interim ordinance. Councilmember Kasper inquired if a project such as Creekside Condominiums, would have been able to be built under the current proposed interim ordinance, and Mr. Chave replied affirmatively. The Council requested Mr. Chave review Mr. Thuesen's project, City Park Condominiums, to see if that project would have been built if it had to comply with the proposed interim ordinance. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED with Councilmember Kasper voting no. Councilmember Nordquist expressed his concern over the length of the meetings. Councilmember Nordquist stated the meetings are progressively getting longer, and the Council Meetings are on record as ending at 10:00 p.m, Councilmember Kasper said the meetings have gone over the allotted time for the past two months, and feels the meeting should be adjourned. The Council continued discussion on the proposed interim ordinance, and it was the consensus of the Council to have Ms. Sheldon present at the March 2 Council Meeting. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO PAY THE CONSULTANT FOR HER PARTICIPATION AT THE MARCH 2 MEETING, WITH FUNDS EMANATING FROM PLANNING DEPARTMENT BUDGET USING GROWTH MANAGEMENT FUNDS. MOTION CARRIED. E (AS Mayor Hall noted the success of the EMS Rally the previous evening in the Library Plaza Room. Mayor Hall referenced an invitation to attend a future City of Lynnwood Council Meeting. Mayor Hall noted the City Q4/ of Mukilteo will be speaking to the Lynnwood Council regarding the proposed Paine Field Expansion. COUNCIL In light of the recent decision by Council to have summary minutes prepared, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DIRECT THE CITY CLERK TO INDEFINITELY RETAIN THE ORIGINAL CITY COUNCIL MEETING TAPES, AND TO DISREGARD PAST CITY POLICY O �, 0�—ey� DESTROY TAPES AFTER A SIX YEAR PERIOD. MOTION CARRIED. 4 Council President Palmer read a letter addressed to Mr. Rick Jennes regarding the City's position not to pursue annexation in the Norma Beach/Picnic Point Area. A copy of the letter is located in the City Clerk's office should anyone wish to view it. The letter was signed by Mayor Hall and Council President Palmer. Council President Palmer �✓ noted Councilmember Hall is opposed to the City's position on this subject. Councilmember Hall addressed a citizen concern over alleged traffic problems at the corner of 220th and 9th Avenue. Mayor Hail said she will look into the matter. Councilmember Petruzzi said he is concerned over the length of the Council Meetings and feels the Council should stick to the allotted time frame on the agenda topics. EDMONDS CITY COUNCIL MINUTES Page 3 February 28, 1992 Councilmember Earling stated Community Transit is making an effort in performing a thorough honest audit of the entire ATE system. Councilmember Dwyer said he has been informed by Renee Lorkowski, Office Coordinator, that citizens are attempting to drop off their completed EMS ballots at the Anderson Center. Councilmember Dwyer said Ms. Lorkowski called the Auditor's office to find out what to do, however, the Auditor offered no help. Councilmember Dwyer suggested finding someone who is not on city time, to deliver those ballots to the Auditor's Office. Councilmember Dwyer said the Auditor's office is not offering much assistance in this election process. Councilmember Nordquist referenced an article in the February 24 edition of the Seattle Times relating to Highway 99. Councilmember Nordquist said the Edmonds Police Department is spending 15% of their time on the west side of the highway, which is part of Esperance, and asked Mayor Hall to address this issue. Councilmember Nordquist said Q he wants to see services concentrated on Edmonds' side of the street. Mayor Hall concurred, and said she would talk with Staff and report back to the Council at the March 2 meeting. With no further business, Mayor Hall adjourned the meeting at 10:50 p.m. THESE MINUTES ARE SUBJECT TO MARCH 2,1992 APPROVAL. THE OFFICIAL SIGNED COPY OF THESE MINUTES ARE IN THE CITY CLERK'S OFFICE. Rh nda J. March, City Clerk EDMONDS CITY COUNCIL MINUTES Page 4 February 28, 1992 REVISED AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. FEBRUARY 25, 1992 WORK MEETING CALL TO ORDER Cl A /-- 0 A I 1 ITC 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF FEBRUARY 18, 1992 (C) REPORT ON BIDS OPENED FEBRUARY 18 FOR SALE OF MOBILE HOME AT 212TH/72ND PUBLIC WORKS SITE AND AWARD BID TO HIGH BIDDER (D) AUTHORIZATION TO CALL FOR BIDS FOR 1992 WATER MAIN REPLACEMENT PROGRAM (E) AUTHORIZATION TO PURCHASE FORMS PRINTER FOR COMMUNITY SERVICES RECEIPTS AND PERMITS ($503.13) 2. PRESENTATION BY SEAWOOD HOMES (DOUG PURCELL) REGARDING SETTLEMENT OF CLAIM (10 MINUTES) 3. EXECUTIVE SESSION ON A LEGAL MATTER (10 MINUTES) 4. BRIEFING BY DINGFIELD & ASSOCIATES AND STEVE McCARY ON STEVENS HOSPITAL MASTER PLAN (45 MINUTES) 5. REPORT AND DISCUSSION ON YOST POOL COVER (CONTINUED FROM DECEMBER 17, 1991) (10 MINUTES) 6. CONTINUED DISCUSSION ON PROPOSED CRITICAL AREAS ORDINANCE (CONTINUED FROM FEBRUARY 18, 1992) (90 MINUTES) 7. MAYOR 8. COUNCIL THE PUBLIC IS INVITED TO ATTEND