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01/03/1995 City CouncilAPPROVED CITY COUNCIL AMVUTES Approved 1/17195 EDMONDS CITY COUNCIL APPROVED MINUTES JANUARY 3, 1995 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Laura Hall in the Library Plaza Room, 650 Main Street. The meeting was preceded by the flag salute. ELECTED OFFICIALS PRESENT Laura Hall, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember Barbara Fahey, Councilmember William J. Kasper, Councilmember Michael Hall, Councilmember Tom Petruzzi, Councilmember ALSO PRESENT Ellenann Chiddix, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Miller, Police Chief Michael Springer, Fire Chief Art Housler, Administrative Services Director Jim Walker, Acting City Engineer Rob Chave, Planning Manager Noel Miller, Superintendent of Public Works Tom King, Facilities Maintenance Supervisor Scott Snyder, City Attorney Rhonda March, City Clerk Sandy Chase, Deputy City Clerk COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE AGENDA. MOTION CARRIED. 2. CONSENT AGENDA ITEMS COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE CONSENT AGENDA. Councilmember Hall stated that he would like to pull item F from the Agenda. The motion was rescinded. Councilmember Hall requested an explanation of item F, Acknowledgment of Receipt of Claim for Damages. City Attorney Snyder suggested discussing details of a Claim for Damages in Executive Session. Councilmember Hall stated he would withdraw his request. Councilmember Fahey pointed out there are corrections to the minutes of December 20, 1994. COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER HALL, TO PULL ITEM D, APPROVAL OF THE DECEMBER 20, 1994 MINUTES, FROM THE CONSENT AGENDA. MOTION CARRIED. Approved City Council Minutes January 3, 1995 Page 1 COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE MINUTES OF DECEMBER 20, 1994, WITH THE CORRECTION AS SUBMITTED BY COUNCILMEMBER KASPER. MOTION CARRIED. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The items approved are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 13, 1994 (deferred from December 20, 1994) (C) APPROVAL OF SPECIAL MEETING MINUTES OF DECEMBER 19, 1994 (E) APPROVAL OF CLAIM WARRANTS #946396 THRU #946506 FOR WEEK OF DECEMBER 19 AND CLAIM WARRANTS #945756 THRU #946656 FOR WEEK OF DECEMBER 26, 1994; AND PAYROLL WARRANTS #946815 THRU #946788 FOR THE PERIOD OF DECEMBER 1 THRU 15, 1994 (F) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM TOM P. CONOM (not less than $50,000) �l (G) AUTHORIZATION FOR MAYOR TO SIGN "ASCAP" LICENSING PSeA P AGREEMENT FOR PERFORMING ARTS evi(H) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE TWO (2) CHEMICAL l' STORAGE CONTAINERS (I) APPROVAL OF CABARET LICENSE APPLICATION FOR PANZINI'S RESTAURANT (J) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW UPHOLDING APPEAL OF HEARING EXAMINER'S DECISION TO GRANT APPROVAL OF A VARIANCE TO INCREASE THE MAXIMUM PERMITTED HEIGHT FOR STRUCTURES AT PROPERTY AT 7222 156TH ST. SW (APPLICANT: CRAIG & LINDA SUMMERS - FILE NO. V-94-156 / APPELLANT: MICHAEL HOUNSHELL, ET AL - FILE NO. AP-94-179) (K) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH BLUMENTHAL UNIFORMS FOR THE PURCHASE OF POLICE UNIFORMS ($41,440) 3. FAREWELL TRIBUT E TO COUNCILMEMBER STEVE DWYER AND PRESENTA- TION OF RESOLUTION OF COMMENDATION BY COUNCIL PRESIDENT JOHN NORDOUIST , Councilmember Earling first presented Councilmember Dwyer with a resolution commending him for services. This particular resolution was presented in good humor. Approved City Council Minutes January 3, 1995 Page 2 Council President Nordquist invited Councilmember Dwyer's family to come forward. Mr. Dwyer's wife, Karen, and son, David, joined him during the presentation. Council President Nordquist recounted three comments the former Mayor Naughton stated when Mr. Dwyer first came on the Council. One was the fact that Mr. Dwyer has a commitment to the community; second was Mr. Dwyer's special sensitivity to the youth of the community; and, third was Mr. Dwyer's ability to make good decisions. Council President Nordquist presented flowers to Karen Dwyer in appreciation and as a remembrance of tonight. He next presented the following Resolution to Steve Dwyer: RESOLUTION NO. 805 OF THE EDMONDS CITY COUNCIL COMMENDING STEPHEN J. DWYER FOR HIS SERVICES TO THE CITY OF EDMONDS The Resolution acknowledged Mr. Dwyer's eleven years of service and that he was the youngest Councilmember in the City's history. He represented Edmonds for 11 years on the Board of Directors of SnoCom, ultimately chosen to be its chairman; and also represented South Snohomish County cities on the Board of Directors of the Snohomish County Enhanced 911 project, ultimately becoming its chairman. The Resolution further commended and thanked Councilmember Dwyer for his long and distinguished service. It expressed the appreciation of the Mayor and City Council and extended their best wishes to Mr. Dwyer for his continued success. Council President Nordquist next presented Mr. Dwyer with a plaque expressing appreciation for his service as a Councilmember. Finally, a pen and pencil set was also presented. Mayor Hall formally read into the record Mr. Dwyer's letter of resignation which was addressed to City Clerk Rhonda March: This letter is to formalize my previously announced decision to resign from the City Council effective January 10, 1995. My last Council meeting will be the meeting of January 3. I was appointed to the City Council by Mayor Naughton on January 30, 1984. Upon the effective date of my resignation, I will have served 3 weeks shy of eleven years. Without question, this time passed by quickly. It has been the greatest of honors to have worked on behalf of the City and its citizens. Very truly yours, Steve Dwyer Councilmember Dwyer expressed appreciation to City staff members with whom he has worked over the years, to Councilmembers with whom he has served, and to former Mayor Naughten who originally appointed Mr. Dwyer to the Council. He particularly expressed thanks to Art Housler, Administrative Services Director. He believes the City of Edmonds is a community comprised of people of good will who are led by people of good will. His experience as a Councilmember has been a very pleasing one, but it is now time to turn the page and he is very excited to take on his new challenge. The meeting recessed at 7:20 p.m. for refreshments. The meeting reconvened at 7:40 p.m. 4. AUDIENCE Mr. Rob Morrison, 250 Beach Place, thanked the City Council and the City for putting in a good sound system. Approved City Council Minutes January 3, 1995 Page 3 k�Mr. Rob King, 20503 88th Avenue West, stated he lives on the street that the City is managing an LID construction project on which started on November 15. He wanted to express to the Council the difficulties the residents of his street are going through. He stated he was involved in the process of getting the LID J' going with Gordy Hyde, Engineering Coordinator. Mr. King acknowledged that Mr. Hyde was open and active with the community up to the beginning of this project. Through the process, Mr. King stated all the residents were asked to fill out a form and include comments about concerns. Mr. King's major concern was that the construction work not take place in the middle of winter. Because of the bid process, the work did not begin until November 15. Therefore, the residents have had disrupted access to their homes. He feels the residents have been subjected to conditions that go beyond what would be considered normal and ordinary. All the residents have been stuck in mud in trying to get in and out of their homes. He is aware of one of the residents having to call 911 several times to get people to stop from either four -wheeling through the ruts, or to get people towed out. Garbage service has been discontinued because the trucks get stuck. Further, Mr. King indicated damage has been done to private property and no care or caution has been used with the equipment doing the work. Mr. King concluded stating the residents will be asked to pay for this LID. He does not feel the residents should have to pay for costs associated with trying to undertake a project in the middle of winter. City Attorney Scott Snyder advised the Mayor and Council that it has been the Council's policy not to allow the audience participation portion of the meeting to become an impromptu public hearing on issues. If there are further speakers on the subject, Mr. Snyder suggested they appoint a spokesperson. Ms. Barbara Goronczy, 20507 88th Avenue West, commented that she agrees with and shares all of Mr. King's concerns. She added that the property south of her property (uphill) has been drained. The water drained from that property has ended up in her yard and she is not happy about that. She would like to know what could be done about it. Further, her fence was torn down in the process. Mayor Hall informed the audience that the Acting City Engineer is present at this meeting, and suggested that residents could speak with him at this meeting and also call in to the City tomorrow. Dr. Paul R. Kent, 15515 72nd Avenue West, addressed an issue related to the Summers Property Hearing (the Findings of Fact on this matter were approved earlier in the meeting). Dr. Kent stated this was a very complicated and drawn out case made larger and more complicated by a great deal of legal expense on the 0�9 part of those who were constructing the residence. It has resulted in a great deal of property value being taken from neighbors. Dr. Kent reminded the Council of the details surrounding this issue beginning in 1992. Through the process, the end product is an attached 3-car garage with solarium in the set back area, nearly 16% of the square footage of the residence is located within the set back area, two stories on the garage are located within the set back area, two stories of the house are within the set back area, the structure is 29.2 feet above grade, and there is a room over the garage clearly suitable for human habitation. Dr. Kent stated this has happened and enormous harm has been done to the neighborhood because there are not policies and procedures in place to take care of unelected officials making decisions that should never be made by unelected officials without some sort of review by the community, and especially the City Council. City Attorney Scott Snyder reminded those present that the City staff denied the initial design. It was the decision of the City's Hearing Examiner overturning the staffs interpretation which permitted the design to be built. That was the second appeal and never came to the City Council. The Hearing Examiner is a person hired by the City by contract. If the argument is that this was done by someone who is not an elected official, that is correct. If the argument is that this was not part of the City's appeal process, that Approved City Council Minutes January 3, 1995 Page 4 appeal process does provide for an appeal to the City Council. To say that it was a staff decision, however, is inaccurate. Mr. Al Rutledge, 7101 Lake Ballinger Way, commented regarding several issues. The first issue concerned medical insurance for dogs and cats. He wanted the Council to be aware this may become an issue for the City in covering the costs. The second issue concerned the budget. He did not see where in the budget the $500,000 owed the City by Mountlake Terrace can be found, nor the $120,000 owed the L City by Shoreline. He requested information be forwarded to him concerning these funds. The third issue concerned a recent application for employment in the City. The age referenced on the application was 49 �►' years of age for the position of a patrolman/officer. He recommended the age be changed to 65 to 70 years (� of age. The fourth issue dealt with cable TV. He believes HBO and Showtime should be dropped by the City. if Mayor Hall clarified that the City of Edmonds does not discriminate by age or any other way. Ms. Margaret Doyle, 20425 88th Avenue West, addressed the Council concerning the response she receives from 911, and the communications between 911, the City Engineering Department, and the City �. Police and Fire Departments. She lives on the road that is having the LID construction. On December 10 she called 911 because there was a pick up truck tearing up the roadway. By being persistent with the 911 dispatcher she persuaded him to contact the Police Department. -A police officer came out and as a result the Fire Department was contacted. The Fire Department representative stated although the road wasn't safe it was accessible and informed Ms. Doyle that if there were any problems she should contact 911. On the next day, she spoke to Gordy Hyde, Engineering Coordinator, who also assured Ms. Doyle that 911 should be called when Public Works or the Engineering Department is not available. He stated he would talk to the Police and Fire Department to be sure they were apprised of the situation. Ms. Doyle further informed the Council that on December 26 a guest at her home had his car stuck in the mud, and she called 911. The Police Officer who came out informed her that it was a closed road and there was nothing that could be done about it. Ms. Doyle stated she is in the process of filing a claim against the City regarding this matter and she wanted to go on record as to the problems she is having with 911 dispatch in a situation that is often an emergency situation because of the construction of this LID. On this date she spoke to Jim Walker, Acting City Engineer, and he informed her that he would do what he could with regard to the communication between the Fire, Police and City Engineering Departments. Ms. Doyle further placed a call to Police Chief Tom Miller. Chief Miller stated he would send a missive to all patrolmen and Fire Department employees so that they would be apprised of the situation. Ms. Doyle stated this is exactly what she asked Gordy Hyde on December 10. Therefore, she would like the Council to take a look at the facts and see that a precedent for negligence is being established by the City Engineering Department's treatment of this problem. Mr. Roger Hertrich, 1020 Puget Drive, commented that in a very short period of time the City will lose all the ferry traffic driving through Edmonds, both north and south. He suggested Council provide funding, if necessary, for a traffic study/count of both major highways leaving the City (196th/Puget Drive and SR 104). He pointed out this is a perfect opportunity to get a comparison as to what regular traffic uses these streets versus what ferry traffic contributes at the present time. When the ferry traffic is taken away, it will be possible to get a very accurate account of the other activities that go on. This is one of the few opportunities that will occur in order to make this kind of comparison. Mayor Hall mentioned that Jim Walker, Acting City Engineer, is accessible at this meeting and will be available in the small meeting room behind the Plaza. Meeting Room to meet with those present who would like to. Approved City Council Minutes January 3, 1995 Page 5 5. SELECTION OF COUNCIL PRESIDENT Council President Nordquist stated that in 1980 when the Council developed the program of Council President, one of the guidelines established was that anyone who will be running for office during the calendar year of the Council President would not be eligible to serve as Council President. He noted five members of the present Council will be running for election this coming year along with the Mayoral seat. Therefore, he stated he would like to nominate Councilmember Petruzzi as Council President. COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO NOMINATE COUNCILMEMBER PETRUZZI AS COUNCIL PRESIDENT FOR 1995. MOTION CARRIED. 6. SELECTION OF COUNCIL PRESIDENT PRO TEM COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO NOMINATE COUNCILMEMBER FAHEY AS COUNCIL PRESIDENT PRO TEM FOR 1995. MOTION CARRIED. Q� At this time, the newly elected Council President Petruzzi presented a plaque to the outgoing Council President Nordquist. The plaque expressed the Council's appreciation for his strong and positive leadership in 1994. Outgoing Council President Nordquist commented that it is a pleasure serving the City. He noted this year starts his 28th year serving on the City Council, and he served 3 years on the Planning Commission before Q that. He also expressed his appreciation to the Mayor and Council for their patience during this last year and standing by him. 7. COUNCIL PRESIDENT - APPOINTMENT OF COMMITTEE REPRESENTATIVES Council President Petruzzi distributed a copy of the committees along with the designated Councilmembers who will serve on each committee. They are as follows: Communi Transit: Dave Earling, Chair, and Michael Hall, Alternate Edmonds Visitor Bureau: Barb Fahey Medic 7 and SnoCom: Tom Petruzzi Salary Task Force: Dave Earling, Bill Kasper, and John Nordquist Snohomish Co. Health District: John Nordquist and Michael Hall Snohomish Co. Economic Development Council: Bill Kasper (alternate to Mayor)) Disability Board: Bill Kasper and new Councilmember Cultural Arts & Convention District: Barbara Fahey Port of Edmonds Liaison: New Councilmember Professional Consultant Selection: Bill Kasper and John Nordquist Snohomish County Tomorrow: Michael Hall (alternate to Mayor) Council Committees: Finance: John Nordquist and new Councilmember Public Safety: Michael Hall and Dave Earling Community Services: Bill Kasper and Barb Fahey Snohomish County Tourism: Barb Fahey Approved City Council Minutes January 3, 1995 Page 6 Council President Petruzzi stated that when the new Councilmember comes on Board, he would like to take a look at the work load. If there are any Councilmembers who feel they would rather drop one of the committees, perhaps the new Councilmember could take on that role. Mayor Hall suggested it may be better to have someone who is not new to the Council serve on the Disability Board. Council President Petruzzi responded he served on the Board as a new Councilmember and found no difficulty in serving. Regarding appointments outside of this list, Council President Petruzzi stated there have been a number of special assignments. He requested that the Mayor run these special assignments by him and the Council. He believes that the Council should be in agreement on who will be serving on what special assignment. It also gives all Councilmembers an opportunity to look at an assignment. Council President Petruzzi further stated he would like to reaffirm that Councilmember Hall is working on the Mountlake Terrace Consolidation Committee, and Mr. Petruzzi would like Mr. Hall to continue on that. Councilmember Fahey is also working on that Committee, and Mr. Petruzzi would like her to continue. Fire Chief Michael Springer clarified that there is a merger study going on between the Fire Departments of Mountlake Terrace and Edmonds, and consolidation is another issue. The committee that Councilmembers Hall and Fahey are serving on is the merger study for fire. He stated consolidation was mostly talked about in reference to the Esperance Area and Snohomish County Fire District 1 and joining up with the Edmonds Fire Department. That is not the study that Councilmembers Hall and Fahey are working on. Council President Petruzzi stated another item would be the discussion of the consolidation for contractual services with Snohomish County Fire District 1 which Councilmember Hall is now working on. It is Mr. Petruzzi's preference that Mr. Hall continue in this capacity. City Attorney Snyder advised the Council that a motion would be in order to confirm the appointments. In addition, he pointed out the Council has developed a number of assignments. When the ordinance was last amended on City Council appointments, at that time it was added that the City Council President is authorized to approve certain assignments for payment as additional meetings. As those appointments are made whether tonight or some future agenda, Mr. Snyder suggested designating which of those will be paid so there is an audit trail. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE 1995 COMMITTEES AND DESIGNATED COUNCILMEMBER POSITIONS FOR THESE COMMITTEES BE ACCEPTED AS PRESENTED. MOTION CARRIED. Regarding the Consolidation Committee for Fire District 1, Councilmember Petruzzi designated that this be a paid position for those meetings. .8. CONTINUED DISCUSSION ON DOWNTOWN/WATERFRONT PLAN AND RELATIONSHIP TO LAND USE & TRANSPORTATION ELEMENTS OF \ COMPREHENSIVE PLAN Rob Chave, Planning Manager, stated he would like to receive feedback from the Council regarding �Y concerns, issues, or items requiring additional information involved in updating the Comprehensive Plan. ,V QY Approved City Council Minutes January 3, 1995 Page 7 The newly updated Plan is trying in large matter to keep a status quo; to be consistent. with the character of the community; to recognize the long history of positive things that Edmonds has done to protect not only single family neighborhoods, but also planning for future development and future changes that do occur; as well as meeting the intent of the Growth Management Act. When meeting with the other entities in the Puget Sound region, Edmonds is frequently held up as an example of how to do a lot of things right. Mr. Chave stated one of the main underlying principles they have taken in looking at the Comprehensive Plan and giving it an update is not to change the overall direction or character of the community,. They are also trying to address strategically where the opportunities lie, mainly in the downtown/waterfront area and trying to afford some connections and improvements, and also looking at some of the opportunities that the public agencies near Highway 99 have provided. Some of these opportunities include the hospital's plans for the future, and the school district's improvements with the idea of joining together in doing some community planning. Mayor Hall stated there is a need to keep on top of the hospital's plans. Mr. Chave commented he believes it will be a year or two before the hospital has a clear picture of what direction they are going. Councilmember Earling stated the one unresolved issue is the Transportation Plan. He would like some feedback on how the information on that element will work its way through the system so the Council can reflect on that information in connection with the Waterfront Plan and other Growth Management issues in the City. Mr. Chave stated the Transportation Plan from its outset had assumed that the ferry terminal would be relocating to the Point Edwards site. If it is assumed that all the transportation elements, such as commuter rail, ferry traffic, pedestrian traffic, buses, etc., coalesce in the waterfront area, its impact on SR 104 is going to be similar. With that assumption, Mr. Chave stated he feels it is possible to proceed with looking at the land use because that aspect of the transportation system is not going to change. One of the overall principles in looking at this Comprehensive Plan update is an understanding that within the next two years there will be a lot more information about some of the other planning efforts that is going on with the Regional Transit Authority, Community Transit, and the other entities involved in the planning picture for the region. Part of the other entities' planning depends on what the City of Edmonds is doing with land use. Councilmember Earling asked if Mr. Chave is convinced on the short term basis (before the ferry dock is moved) that the City has allowed for enough parking for additional impacts. Mr. Chave responded negatively. He stated there are a lot of efforts going on to try and analyze what the parking picture is. One if the things they have discussed in Community Services is trying to conduct a detailed study of parking this year. He pointed out the parking question is really an implementation question. The details are not known yet; that information is part of the multimodal project. He stated staff is aware that parking is an issue that needs a close look.and it is budgeted this year to do a detailed study. Councilmember Nordquist inquired about the suggestion made earlier by Roger Hertrich concerning conducting a traffic study when the lull occurs in the ferry terminal usage. Mr. Nordquist agreed that this would be an appropriate time to do a parking study. Mr. Chave also agreed that it is an excellent idea. Council President Petruzzi further agreed that Mr. Hertrich's idea is very good, and it would behoove the City to be set up to start a ferry traffic study during the window of time the ferry traffic is closed. Mr. Chave asked if the Council is comfortable with the overall direction of the Downtown/Waterfront Plan. Staff has been looking at the information that Rob Morrison forwarded on behalf of the 3MT Committee. Staff would like to get into more detail about their comments at a future meeting. One of the things that has come up during the public discussion is that there has occasionally been some concern voiced regarding the drawings. The drawings were intended to be ideas only. Approved City Council Minutes January 3, 1995 Page 8 Councilmember Kasper stated he is concerned about the 6,000 population limitation except for annexations. He believes this limitation should be in the document. Mr. Chave clarified that Mr. Kasper was referring to the General Land Use Policies document, and stated it does need some updating. The document needs to reflect the 6,000 population for the year 2010. He clarified further that this would be 6,000 additional people running from the last census of 1990. He informed the Council that Edmonds' future expectation for development is basically about the same as the last decade, very slow. It would be under 1 % population growth per year. Councilmember Kasper also commented that in reading through the material, it is stating that the Comp Plan is becoming the zoning map. He is concerned about the hospital moving into the commercial property line and he has stated that many times. The land to the north is already zoned multi family, so it is usable. Further, he does not understand why it is proposed coming north of 7th and 8th Avenue in the Downtown Plan. If this becomes a map showing this is the downtown area, the expansion to commercial could be wide open and he does not think the people on the hill are aware of that. Mr. Kasper continued that he would like to have Mr. Chave come forward with information as to where the 6,000 population increase will be dispersed, by districts. Using the overhead projector, Mr. Chave pointed out there are two general activity center areas. One is the downtown/waterfront activity center, and the second is the area near 76th Ave. and Highway 99. People have always been concerned that the label of "activity center" means that it will be a downtown Seattle/big business/multi family development zone. In Edmonds, it is envisioned that activity centers will be a mix of uses - not just a high intensity, multi family, commercial development zone. It also encompasses significant areas of single family. He believes small lot single family is very much a part of what is desired for a pedestrian activity area for an attractive place to live. Small lots of 6,000 sq. ft. is about as small as can be found any where in the region. These small lots form a vital part of the mixture of uses that are desired in a downtown area. They are trying to say that transit works for single family as well as multi family; single family fits within the Vision 2020 Regional Plan for transit -friendly mixed -use development. There needs to be a balance between housing and jobs in order to encourage more people to live closer to where they work and therefore reducing the number of cars on the road. Councilmember Kasper stated staff has gone into the 12,000 zone and left out a lot of the 6,000 zone in the map of the downtown section. Everything above 9th Avenue and. all the way to 1 lth is RS-6,000 south of Daley. Mr. Chave clarified that some of the RS-6,000 is not included in the downtown area. Councilmember Kasper further indicated another area of concern is the Westgate area. That plan has not been adopted by the Council. Mr. Chave stated the Planning Board has had hearings on Westgate, and they are in the final stages of reaching a decision. He expects it will come before the Council later this month. Councilmember Fahey stated one of her biggest concerns is access to the waterfront. She commented there is a grandiose plan especially for the development of the waterfront. As time goes by, it will be more difficult to access it. There is only one overpass scheduled in the Comp Plan and that is at James Street. i She asked why there is only one overpass being looked at? Why are we not considering pedestrian overpasses at Dayton and Main Street especially if we are eventually hoping to create a scenario where there would be transient moorage coming in for day trips at the foot of Main Street once the ferry moves? Her other concern is car access. She pointed out there will be more and more commuter trains going through the City as well as freight trains will be on the increase. Ms. Fahey would feel more comfortable if something was articulated concerning searching out a way to give the citizens access to the waterfront on a Approved City Council Minutes January 3, 1995 Page 9 continuing basis. She feels the Port is going to suffer and economic development will suffer because people cannot access the Port, and the citizens will suffer because they will not be able to access the Port and waterfront. City Attorney Scott Snyder commented that Councilmember Fahey raises an important point, and one that came up during the train speed hearings. The WUTC staff proposal included providing for fencing at the foot of Sunset Avenue and at Ocean Avenue, two areas where lots are low enough that citizens utilize those areas to access the beaches. If those fences were erected, they would have to be erected pursuant to the Shoreline Management Program. Mr. Snyder indicated this could lead to a City SEPA requirement for pedestrian overpasses. Mr. Chave concluded stating he will be working with Council President Petruzzi on scheduling additional discussions on the Comprehensive Plan. 9. REVIEW OF COUNCIL VACANCY PROCESS AND ESTABLISH TIME TABLE Council President Petruzzi distributed copies of Ordinance No. 1626 to the Mayor and Council. This ordinance establishes a procedure for filling Council vacancies. In addition, a copy of the supplementary questionnaire to the resume was attached. 'U Responding to questions, City Attorney Snyder, stated that if the time lines stated in the ordinance are not met, the Council could amend the ordinance. These are rules established by the Council and they were established under old 30 day time frame limits as opposed to the new 90 day time frame. Council President Petruzzi suggested discussing the dates for filling the vacancy this week, and then next week set the dates. Regarding the supplementary questionnaire, he feels the seven questions are good and should be continued in an application form. Mayor Hall suggested reconsidering the first part of question number 4. Responding to questions, City Attorney Snyder suggested that Ordinance No. 1626 be repealed. He will bring back an ordinance. Mayor Hall asked if this was the consensus of the Council. No comments were received. Through discussion, it was determined that notice would be sent out immediately. The applications need to be submitted to the City Clerk by Tuesday, January 24. Interviews will take place on Saturday, January 28, beginning at 8:00 a.m. Nominations and voting will take place on Tuesday, January 31. Councilmember Hall discussed concerns about question number 3 in the supplementary questionnaire. It asks what the applicant considers are the City's major problems, and asks for solutions. Mr. Hall feels this may put an applicant in a position to say how they will vote ahead of time on an issue. Council President Petruzzi feels this question is more of a philosophical approach versus giving away how an applicant would vote. Councilmember Hall also raised a concern about the question regarding campaigning for election. Council President Petruzzi feels this question shows the commitment of the applicant. Mr. Hall wants to be sure that an applicant does not come back to say they are discriminating against them because of this issue. Mr. Petruzzi stated that he will be looking at that answer as just one answer in a series of answers; the Council will be looking toward the person who is most qualified. Councilmember Nordquist commented that he would like to see information provided with the application indicating the time commitment that is required when serving as a Councilmember. He noted there are at Approved City Council Minutes January 3, 1995 Page 10 least four meetings a month on Tuesday nights which can become time consurning in themselves. In addition, there are obligations for other boards and commissions. Councilmember Hall agreed and suggested a synopsis be provided of what the average time commitment has been during the last term. Council President Petruzzi suggested including the preparation time for meetings which is substantial. Councilmember Fahey commented that when she went through this process, she did not have a concern with question number 3 in the supplementary questionnaire. She feels the applicants ought to be able to articulate what they see as the problems that they would at least like to have addressed and to offer their views on them. She does not feel this locks anyone into a definite vote. She feels the question as it is written or some form definitely should stay in the questionnaire. Councilmember Fahey also indicated her belief that the citizens should have access to the information of who all the candidates are before the final decision is made. This allows an opportunity for citizens to provide input before the vote is taken. She wants to be sure this information is given to the press. Mayor Hall suggested the information of who the candidates are could be read into the record at a televised meeting. Councilmember Hall suggested interviewing the candidates during a televised meeting in order for the citizens to be able to see who the candidates are. Council President Petruzzi noted his concern of an applicant who may "choke up" in front of a television camera, and then the Council would not get the full benefit of meeting that candidate. The Saturday meeting will be public, and anyone who would like to come can come and listen. He feels more realistic results can be obtained in a less formal setting. Mayor Hall suggested scheduling a time where the candidates could sit in the front row at a televised meeting and be introduced on camera. Councilmember Hall commented he feels the bigger concern is that the public has an opportunity to go through this process with the Council. Anything that can be done to have the candidates placed before the public would be good. Council President Petruzzi stated that he would be in favor of introducing the candidates at the, January 24th Council meeting. He suggested the City Clerk notify the candidates of this opportunity. Council President Petruzzi confirmed that the notice will go out immediately. All questionnaires will be required to be returned by Tuesday, January 24. Interviews will be Saturday, January 28, starting at 8:00 a.m. The interviews will be 20 minutes each. The nominations and elections will be completed on January 31. In addition, each candidate will be introduced at the Council meeting of January 24. 10. APPOINTMENTS BY MAYOR TO BOARDS AND COMMISSIONS Mayor Hall stated it has been recommended to her by the respective Boards that Peggy Olson, Library Board, and Keith Leasure and James Young, ADB Board, be reappointed for another term. They have all done excellent jobs in their positions on these Boards and wish to be reappointed. Mayor Hall concurs with these recommendations. Mayor Hall asked for the confirmation of Peggy Olson for the term of 1/1/95 - 12/31/99 on the Library ci! Board, and Keith Leasure and James Young for the terms of 1/1/95 - 12/31/98 on the ADB Board. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO CONFIRM THE NOMINATIONS OF PEGGY OLSON TO THE LIBRARY BOARD AND KEITH LEASURE AND JAMES YOUNG TO THE ADB BOARD. Approved City Council Minutes January 3, 1995 Page 11 Councilmember Kasper asked if these individuals all comply with the ordinance with regard to the additional terms. Mayor Hall responded affirmatively. MOTION CARRIED. Councilmember Hall thanked Peggy Olson, Keith Leasure and James Young for their service. 11. MAYOR Mayor Hall referred to a report that she received from the Attorney General concerning the transportation hearings. The report recommends increasing the passenger and freight train speeds within the city limits. It also recommends the repair of the fencing at Brackett's Landing Park, the construction of fencing along Sunset and Ocean Avenues, and the placement of a stop sign at a private crossing. Mayor Hall commented she feels these measures are total band -aids. She is hopeful that the number of trains going through will be reduced. She stated they have been pressing for the route at Stampede Pass to open and she is told by Burlington Northern that they will know by January 12 if that will come to fruition. Through discussion, it was determined that this report is the opinion of the Attorney General, and the decision has not been provided. Councilmember Fahey inquired if the speeds are going to be increased is there a time stated when that would happen. Theoretically the trains do not need the increase until the commuter trains start running. The freight trains would need to increase speeds in order to accommodate the commuter trains. She noted it is 4 years out before a commuter train would conceivably run. City Attorney Snyder responded stating the decision has not been received. Councilmember Earling clarified the issue was not so much of the commuter rail that would be part of the RTA, but to try and comply with Amtrak speed requirements and intercity rail speed requirements. Mayor Hall next referred to a letter before the Council from Tom Saxon, 7508 Ridgeway, Edmonds, 98026, stating he would be out of town regarding the Perrinville Annexation. Council President Petruzzi ►' pointed out a small error in Mr. Saxon's letter. Mr. Saxon referred to a $3 Million figure and it would be closer to $300,000. Mayor Hall discussed a Notice of Appeal from the Snohomish County Fire District Protection District No. 1, Appellant, versus Snohomish County, et al, Snohomish County Boundary Review Board, City of Edmonds, Olympic View Water District. She indicated the appeal arrived on this date. Mayor Hall referred to a memorandum received from the City Attorney's Office concerning the incinerator. jo City Attorney Snyder stated the memo was written to confirm that their understanding was that if they were not getting satisfactory progress out of the City's past consultant, they were authorized to bring suit. He is concerned about statute of limitation issues. Mayor Hall stated she has received an additional letter on this date that the City Attorney has not seen and suggested an Executive Session may be needed. 12. COUNCIL Council President Petruzzi stated there is a very full agenda for January 17. Two of the items on that agenda were tentatively scheduled and he does not see how they could be accommodated on January 17. One of the items is a Presentation by Citizen Bicycle Group, and Mr. Petruzzi recommended scheduling this presentation for January 24 and that it be placed at the beginning of the agenda. The other item is a hearing on the Dogs in the Park issue and Mr. Petruzzi recommended scheduling this hearing for February 21. Approved City Council Minutes January 3, 1995 Page 12 Council President Petruzzi next requested that the Mayor and Council be provided with an ongoing litigation report from the City Attorney. He suggested the report could be updated monthly. The updated verbiage each month should be underlined, and indicate who the legal counsel is that is updating it. Mayor Hall stated in years past the Council Resource Person provided a monthly calendar regarding the litigation issues, hearings, land use issues, etc. She suggested this could be accomplished for less money. Council President Petruzzi stated the time commitment on the part of the City Attorney should be minimal. City Attorney Snyder indicated he felt the time commitment would be about 15 minutes a month. He will speak to Mark Bucklin concerning the cases being handled by WCIA. Mayor Hall stated she would like to make sure this is coordinated so there is not double payment. Councilmember Hall suggested having the monthly report be made available for the public without compromising any privileges or confidences. City Attorney Snyder indicated this would need to be a separate report. Mr. Hall feels it is appropriate that the citizens be allowed a periodic report as well. Council President Petruzzi stated that to the extent that it would not infringe upon attorney/client confidentiality which could in the long run injure the citizen then he would not have a problem. Mayor Hall noted that the Claim for Damages are already placed on Council agendas and are public information. She suggested a listing of litigation that is ongoing by title and by subject matter be provided. City Attorney Snyder stated he would provide two reports for the first meeting in February. Council President Petruzzi requested the Council's permission to speak with the City Attorney for approximately one hour. Because he is new to the position of Council President, he would like to be sure he is staying within the bounds of what he is supposed to do. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AUTHORIZE COUNCIL PRESIDENT PETRUZZI TO SPEND ONE HOUR WITH THE CITY ATTORNEY TO DISCUSS COUNCIL PRESIDENT DUTIES. MOTION CARRIED. Q Council President Petruzzi next discussed the Council retreat, and he believes it is very important to be held as quickly as possible. He suggested the dates of March 3 and 4. He will bring this matter up again next week in order to begin discussing topics, structure, and who needs to attend. Councilmember Dwyer commented it has been fun serving as a Councilmember and he will miss it. Councilmember Kasper stated the Council received a memorandum regarding the meeting to be held on January 9 concerning the storm water ordinance. He asked if the information was given to the people that , are directly affected like the builders. He suggested if not, then notice should be sent out tomorrow. Councilmember Nordquist reported on a story that was on the front page of the Enterprise this week. It indicated there was an event to take place on the east part of Lake Ballinger. It is a water skiing event. No indication has been made that the Mayor or Council Offices have been contacted regarding this event. Mr. Nordquist spoke with the City Engineer at Mountlake Terrace, and he indicated the event would be held on the east side of the lake, and they were suspending their ordinance on internal combustion engines on their part of the lake. Mr. Nordquist informed him that the City of Edmonds' ordinance on internal combustion engines is still in place for the west side of the lake. One of the residents in that area came to Mr. Nordquist on this date to voice concern because it is expected that 6,000 - 8,000 people will be on the shores watching this event. Mr. Nordquist stated he informed the Mountlake Terrace City Engineer that the lake is loaded with dead heads from the days when it was a logging camp, and there are a lot just under the surface, making it unsafe for water skiing. He further raised the issue that for years the City of Approved City Council Minutes January 3, 1995 Page 13 Edmonds participated financially in the restoration of the lake with Metro, Lynnwood, and the County. Mr. Nordquist noted we are no longer putting money in this effort. This event will likely undo the restoration efforts. When Mr. Nordquist asked the Mountlake Terrace City Engineer why this effort was no longer ongoing, he stated it was because of budget cuts. Mr. Nordquist noted concern with a lack of cooperation by the City of Mountlake Terrace in not notifying our city. Councilmember Hall congratulated Steve Dwyer on his long tenure as a Councilmember as well as his recent election as District Court Judge. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Fahey thanked Councilmember Earling for correcting the statement that she made concerning commuter rail. She wanted to clarify for the public's understanding a couple of matters concerning the trains. She inadvertently referred to the trains as commuter trains. In reality it is a passenger train that possibly would be running up to Vancouver that is the reason why they are saying it will be necessary to increase the freight train speeds so that the passenger train can run on time. It had absolutely nothing to do with the potential commuter rail that will be running between Everett and Tacoma in the future if the RTA bond issue is passed. Ms. Fahey stated that when she had the opportunity to ride the commuter train, she learned that if a commuter train were to be consistently running on those tracks, the tracks would have to be upgraded to a grade 1 or 2.. This means they would have to be inspected every day and the actual train tracks running along the Edmonds waterfront would be much safer than they are -now. There are rarely derailments on train tracks that are upgraded to that standard. Ms. Fahey is not saying that increased train speeds are desirable or anything that is desired for Edmonds, however, the people need to understand that at least it will be safer with commuter rail if the tracks are upgraded under that plan. Councilmember Fahey further commented about audience remarks concerning a decision of the Hearing Examiner. She believes the public should know there is a new Hearing Examiner. The past Hearing Examiner chose not to continue in that position and a new one has been appointed. Councilmember Fahey also informed the Council and public that Edmonds was thanked and congratulated for providing matching funds to help the Alderwood Rotary Project on the Boys and Curls Club. The Edmonds Rotary is very appreciative of that. Councilmember Fahey commented that the Council consistently approves or accepts Claim for Damages. She would like to be made aware of the outcome of these claims and requested an update be provided. Concluding her remarks, Ms. Fahey stated she will miss Steve Dwyer. She expressed her thanks for his wisdom and insight, and has enjoyed working with him this last year. Councilmember Earling commented he has appreciated the opportunity of working with Steve Dwyer the past three years. In particular he appreciated Mr. Dwyer's keen mind, clear thinking, and analytical abilities. He wished Mr. Dwyer good luck in his new job. Mayor Hall also stated she has appreciated working with Mr. Dwyer, and expressed her good wishes to him. The meeting adjourned at 10:10 p.m. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL COUNCIL MEETINGS. CAN BE LOCATED IN THE CITY CLERK'S OFFICE. Approved City Council Minutes January 3, 1995 Page 14 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. ' JANUARY 3, 1995 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 13, 1994 (deferred from December 20, 1994) (C) APPROVAL OF SPECIAL MEETING MINUTES OF DECEMBER 19, 1994 (D) APPROVAL OF MINUTES OF DECEMBER 20, 1994 (E) APPROVAL OF CLAIM WARRANTS #946396 THRU #946506 FOR WEEK OF DECEMBER 19 AND CLAIM WARRANTS #945756 THRU #946656 FOR WEEK OF DECEMBER 26, 1994; AND PAYROLL WARRANTS #946815 THRU #946788 FOR THE PERIOD OF DECEMBER 1 THRU 15, 1994 (F) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM TOM P. CONOM (not less than $50,000) (G) AUTHORIZATION FOR MAYOR TO SIGN "ASCAP" LICENSING AGREEMENT FOR PERFORMING ARTS (H) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE TWO (2) CHEMICAL STORAGE CONTAINERS (1) APPROVAL OF CABARET LICENSE APPLICATION FOR PANZINI'S RESTAURANT (J) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW UPHOLDING APPEAL OF HEARING EXAMINER'S DECISION TO GRANT APPROVAL OF A VARIANCE TO INCREASE THE MAXIMUM PERMITTED HEIGHT FOR STRUCTURES AT PROPERTY AT 7222 156TH ST. SW (APPLICANT: CRAIG & LINDA SUMMERS - FILE NO. V-94-156 / APPELLANT MICHAEL HOUNSHELL, ET AL - FILE NO. AP 94-179 (K) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH BLUMENTHAL UNIFORMS FOR THE PURCHASE OF POLICE UNIFORMS ($41,440) 3. (20 Min.) FAREWELL TRIBUTE TO COUNCILMEMBER STEVE DWYER AND PRESENTATION OF RESOLUTION OF COMMENDATION BY COUNCIL PRESIDENT JOHN NORDQUIST 4. AUDIENCE 5. (5 Min.) SELECTION OF COUNCIL PRESIDENT 6. (5 Min.) SELECTION OF COUNCIL PRESIDENT PRO TEM 7. (10 Min.) COUNCIL PRESIDENT -APPOINTMENT OF COMMITTEE REPRESENTATIVES 8. (30 Min.) CONTINUED DISCUSSION ON DOWNTOWNMATERFRONT PLAN AND RELATIONSHIP TO LAND USE & TRANSPORTATION ELEMENTS OF COMPREHENSIVE PLAN 9. (15 Min.) REVIEW OF COUNCIL VACANCY PROCESS AND ESTABLISH TIME TABLE 10. (5 Min.) APPOINTMENTS BY MAYOR TO BOARDS AND COMMISSIONS 11. (5 Min.) MAYOR 12. (15 Min.) COUNCIL Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this Meeting appears the following Wednesday evening at 7.00 p.m. on Channel36, and the following Friday and Monday at noon on Channel 32.