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03/15/2005 City CouncilMarch 15, 2005 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5'h Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Richard Marin, Council President Michael Plunkett, Councilmember Jeff Wilson, Councilmember Mauri Moore, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Deanna Dawson, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT David Stem, Chief of Police Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Jennifer Gerend, Economic Development Dir. Kathleen Junglov, Asst. Admin. Services Dir. Stephen Koho, Treatment Plant Manager Rob Cbave, Planning Manager Dave Gebert, City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCIL PRESIDENT MARIN, FOR APPROVAL OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Approve (A) ROLL CALL 3/8/05 Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 8, 2005. Approve (C) APPROVAL OF CLAIM CHECKS #77877 THROUGH #78019 FOR THE WEEK OF Claim Checks I MARCH 7, 2005, IN THE AMOUNT OF $245,987.22. I T,affic fmpactl Fee Report (D) TRAFFIC IMPACT FEE ANNUAL REPORT. Treatment (E) AUTHORIZATION TO CALL FOR BIDS FOR TREATMENT PLANT CHEMICALS. Plant Chemicals (F) ORDINANCE NO. 3539 AMENDING THE PROVISIONS OF ECDC 16.50.020, SITE Ord# 3539 1 DEVELOPMENT (B)(3), TO CORRECT SCRIVENER'S ERRORS IN ORDINANCE NO. 1 Correct Ord # 3518. 3518 Ord# 3540 (G) ORDINANCE NO. 3540 AMENDING THE EDMONDS CITY CODE TO REPEAL CHAPTER 3.04 TRAVEL EXPENSE PROCEDURES, AUTHORIZING CLOSURE OF Close Travel Expense Fund THE TRAVEL EXPENSE FUND. Edmonds City Council Approved Minutes March 15, 2005 Page 1 Ord# 3541 (H) ORDINANCE NO. 3541 AMENDING THE PROVISIONS OF THE EDMONDS CITY Rental CODE SECTION 3.05.070, RENTAL CHARGES — SCHEDULE, IN ORDER TO Charges INCORPORATE THE ESTABLISHMENT AND ADJUSTMENT OF REASONABLE RENTAL CHARGES AS PART OF THE ANNUAL BUDGET PROCESS. Res# Cosh (I) RESOLUTION NO. 1086 AUTHORIZING THE ADMINISTRATIVE SERVICES Petty Cash Authorization DIRECTOR TO ESTABLISH AND MAINTAIN PETTY CASH AND CHANGE FUNDS FOR THE VARIOUS DEPARTMENTS OF THE CITY. Res# 1087 (J) RESOLUTION NO. 1087 AUTHORIZING THE MAYOR AND ADMINISTRATIVE Blanket SERVICES DIRECTOR TO EXECUTE CORPORATE RESOLUTIONS OR OTHER Banking Resolution FORMS WHICH DESIGNATE ACCOUNT SIGNERS WITH RESPECT TO FINANCIAL ACCOUNTS ESTABLISHED BY THE CITY OF EDMONDS AND AUTHORIZING CERTIFIED COPIES OF SUCH FORM TO FINANCIAL INSTITUTIONS. Res# 1088 (K) RESOLUTION NO. 1088 AUTHORIZING THE MAYOR AND THROUGH HIS Accounts DELEGATION TO THE ADMINISTRATIVE SERVICES DIRECTOR TO SETTLE, Receivable LITIGATE OR ASSIGN TO A COLLECTION AGENCY ACCOUNTS RECEIVABLE Write-off INCURRED BY THE CITIZENS OF THE CITY OF EDMONDS SUBJECT TO CERTAIN Surplus LIMITATIONS. Radios and Optical Disk (L) DECLARING VHF PORTABLE, MOBILE RADIOS, AND ONE HP OPTICAL DISK Jukebox JUKEBOX SURPLUS. Surplus (M) DECLARING POLICE DEPARTMENT LAPTOP COMPUTERS SURPLUS. Laptop Computers 3. PROPOSED ORDINANCE AMENDING THE CITY OF EDMONDS COMPREHENSIVE PLAN TOGETHER WITH A RESOLUTION ADDRESSING CERTAIN AMENDMENTS THAT ARE TO BE CONSIDERED DURING THE 2005 PLAN PROCESS Mayor Haakenson advised there was no staff presentation; this action was to finalize the action the Council had taken on March 8, 2005, with regard to the Comprehensive Plan amendments. COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF ORDINANCE NO. 3542 AND RESOLUTION NO. 1089. UPON ROLL CALL, MOTION CARRIED (4 -3). COUNCIL PRESIDENT MARIN AND COUNCILMEMBERS WILSON, MOORE AND OLSON VOTED IN FAVOR, AND COUNCILMEMBERS PLUNKETT, ORVIS AND DAWSON OPPOSED. The items approved are as follows: Ord# 3542 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING 2004 ANNUAL 2004 Annual Comprehensive AMENDMENTS TO THE COMPREHENSIVE PLAN INCLUDING THAT PORTION OF THE Plan PLAN RELATING TO THE DOWNTOWN WATERFRONT ACTIVITY CENTER, AND FIXING Amendments A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Res# 1039 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS WASHINGTON Waive > > Application FINDING THAT GOOD CAUSE HAS BEEN SHOWN FOR THE WAIVER OF THE Deadline for APPLICATION DEADLINE FOR CERTAIN AMENDMENTS TO THE COMPREHENSIVE Certain Comprehensive PLAN RELATING TO HISTORIC PRESERVATION AND THE CONSIDERATION OF THE Plan NEW PLAN ELEMENTS RELATING TO PUBLIC SAFETY AND ECONOMIC Amendments DEVELOPMENT. 4. AUDIENCE COMMENTS Don Kreiman, 24006 95th Place W, Edmonds, relayed a comment made at a recent Planning Board Comprehensive meeting, that Edmonds was a pedestrian - friendly community that could not afford sidewalks. He pointed Plan Amendments out the City also could not afford to replace asphalt, noting the only time roads were paved was when Process utility work was done. He referred to the numerous comments made during the Comprehensive Plan Edmonds City Council Approved Minutes March 15, 2005 Page 2 public hearings, 61 at the City Council public hearing and 25 at the Planning Board public hearing. He referred to a comment made by Darrell Marmion at a Historic Preservation Committee meeting on April 8, 2004, "Anything that encourages redevelopment in the City will, by its nature, discourage preservation. While the City is trying to he viable, the Commission needs to identify those land use decisions that go against the Commission's charter," commenting Mr. Marmion's opinion was just as valid as his opinion . because everyone has their own opinion. He displayed a list of the Planning Board's efforts with regard to the Design Guidelines and discouraged the Council from forming another committee to develop Design Guidelines. He pointed out the Council had all the data and opinions from all sides and it was doubtful Design Guidelines that forming another committee would gain any more information. He implored the Council to make a decision with regard to Design Guidelines as they exist, noting the Planning Board conducted a thorough process and a further delay would not benefit anyone. Roger Hertrich, 1020 Puget Drive, Edmonds, remarked Mr. Kreiman's comments illuminated the Design Council's failure to deal with the Design Guidelines in the past as they were drafted. He agreed all the Guidelines necessary information was available. He did not recall the Design Guidelines ever addressed raising building heights and, absent that discussion, he concluded the Design Guidelines must have endorsed the 25 +5 foot building heights. He urged the Council to consider the number of people who have expressed their support for 25 +5 foot building heights. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, announced the Kiwanis Club would be collecting Kiwanis Food food at To Foods on March 18 -20. He referred to comments provided by Marla Miller, Edmonds School Drive District, regarding the potential sale of District property. He recalled the Little League World Series held in Edmonds in 1997 and the revenue collected by the City. Ray Martin, 18704 94`" Avenue W, Edmonds, alleged Mayor Haakenson was not following the agenda, Agenda item 3 i 1 comp Plan q uestionin what had happened to Agenda Item 3. Mayor Haakenson explained the Council voted on Amendments Agenda Item 3, approving it with a 4 -3 vote. Mr. Martin commented it appeared the Council was operating behind closed doors /secretly as he had not heard any public discussion with regard to Council President Marin's proposal to spend $1.5,000 for a consultant for a new committee which he asserted had been approved by the Council tonight. Mayor Haakenson disagreed, emphasizing there had not been any vote taken tonight with regard to forming a committee. Mr. Martin read from a March 15, 2005 email Proposal to from Council President Marin to the Council suggesting a vote be taken tonight to put the committee in Form a NeW place and that the Council have further discussion at the retreat to clarify details and determine Committee participants. Mr. Martin questioned why no public discussion had occurred with regard to that decision. He suggested the Council was conducting a rolling quorum as it appeared the City Council was meeting secretly via the Internet. He recalled asking for Council President Marin's email address in the past and Council Email being told his computer was not operating but today was told Council President Marin did not want his email address published and citizens should contact the City Clerk. In response to Mr. Martin's comments, Mayor Haakenson explained the Council voted on Agenda Item #3 and approved it with a 4 -3 vote. He noted this vote was a formality as it was approved via a 4 -3 vote at the March 8 Council meeting. With regard to email, Mayor Haakenson explained the Council President's role was to work with the other Couneilmembers to determine what they wanted to do. The fact that Council President Marin wrote an email suggesting something did not mean that action had occurred; the Council could not vote in secret, they had to do that in public and there had not been any action taken tonight regarding expending $15,000 or any other action with regard to a committee. Rowena Miller, 8711 182 "d Place SW, Edmonds, commented fracas like this were an indication of lack of trust, often the result of a lot of little things that made people feel left out. She indicated she also had Edmonds City Council Approved Minutes March 15, 2005 Page 3 Agenda Item 3 not realized the Council had taken action with regard to Agenda Item #3, noting that item was scheduled Comp Plan Amendments for 15 minutes but was accomplished in seconds. She referred to wording in an amendment at the March 8 meeting, "program of height incentives referenced above will be developed during 2005 for final implementation in conjunction with the City's 2005 Comprehensive Plan updates," expressing her and others' confusion with when that would be undertaken. She also expressed concern with the Council Council Retrea discussing this at the retreat to be held in LaConner, a location where few citizens were able to attend. She urged the Council to explain the action taken tonight and to inform the public regarding discussions that occurred at the retreat. Agenda Item 3 Councilmember Dawson explained Agenda Item #3 was the formal ordinance that effectuated adoption of comp plan the Comprehensive Plan updates. She assumed the reason there was no Council discussion on that item amendments tonight and the reason the item did not take very long was because the Council had been discussing it for weeks and weeks and had said everything they wanted to say. With regard to the proposed committee, Councilmember Dawson assured there had not been a vote taken. prop °salt° The ideas was ose ro d and the Council ma y have discussion at the retreat to determine whether it would Form a New i� p committee be a good idea to form such a committee and if so, what the purpose of the committee would be, who would serve on the committee, etc. She explained if there was discussion regarding the formation of a committee at the retreat, any formal action would be taken at a Council meeting. She assured there was nothing secret occurring, people email each other and have conversations, a good thing as long as there was not a rolling quorum or any action taken via email votes which to her knowledge had not occurred. Council Email Councilmember Plunkett recalled a few weeks ago when a citizen expressed concern because he emailed the Council thinking it was private. Councilmember Plunkett reiterated what he had said at that time — emails are public. Therefore, even if Council President Marin was communicating with the Council, something all Council Presidents do, it did not mean the email was private, that it constituted a vote or was a done deal, they were only ideas and possibilities. 5. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF MARCH 8, 2005 Finance Finance Committee Committee Councilmember Olson reported the Committee reviewed the request to establish a petty cash authorization resolution, reviewed a resolution to establish an accounts receivable write -off procedure, reviewed an ordinance dissolving the advance travel fund, reviewed a resolution establishing a blanket banking resolution procedure and reviewed a proposal to have equipment rental rates considered as part of the regular budget adoption. The Committee recommended forwarding all five items to the Council as Consent Agenda items. Community Services /Development Services Committee �e e opment Councilmember Moore reported staff reviewed the process of developing the City's annual six -year Services Capital Improvement Program (CIP) and advised the Planning Board would review the CIP at their Committee March 9 meeting and conduct a public hearing on March 23. Staff also reviewed various funds, identifying funding problems in Fund 112 (Streets) and Fund 116 (Building Maintenance). The Committee then discussed closed record review packets. Staff was directed to provide the Planning Board the concerns of the committee for consideration in their review of the Title 20 procedures and provide a list of parties of record to a closed record review as far in advance of the proceeding as possible to assist in avoiding potential appearance of fairness conflicts. public safety Public Safety Committee committee Councilmember Orvis reported the items the Committee discussed, declaring VHF portable, mobile radios, one HP optical disk jukebox and the Police Department laptop computers surplus, were approved on tonight's Consent Agenda. Edmonds City Council Approved Minutes March 15, 2005 Page 4 6. MAYOR'S COMMENTS Mayor Haakenson commented on the irony of Agenda Item 3, recalling a few months ago, the Council was criticized when approving an item on the Consent Agenda. Tonight, Agenda Item#3, which should111 have been a Consent Agenda Item, was placed on the agenda for discussion, but no discussion occurred, causing concern. 7. COUNCIL COMMENTS March 29 Council President Marin provided a reminder about the Community Outreach meeting scheduled on the Community last Tuesday of the month, March 29, at the Meadowdale Clubhouse at 7:00 p.m. He explained at the Outreach Community Outreach meeting there were no cameras and no time limit on addressing the Council. Meeting ...... Grand Councilmember Olson reported on the grand re-opening of C'est la Vie and Arista Wine in their new Re-opening of 5th C'est la Vie& location on 5 Avenue. Arista Wine With no further business,the Council meeting was adjourned at 7:27 p.m. eicdt-te,G• 'Y %,y KENSON,MAYOR - SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes March 15,2005 Page 5 AGENDA ;,,j` EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. MARCH 15, 2005 7:00 p.m. - Call to Order/Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of March 8, 2005. (C) Approval of claim checks #77877 through #78019 for the week of March 7, 2005, in the amount of$245,987.22.* *Information regarding claim checks may be viewed electronically at www.ci.edmonds.wa.us (D) Traffic Impact Fee Annual Report (E) Authorization to call for bids for Treatment Plant chemicals. (F) Proposed Ordinance amending the provisions of ECDC 16.50.020 Site Development (B)(3) to correct scrivener's errors in Ordinance No. 3518. (G) Proposed Ordinance amending the Edmonds City Code to repeal Chapter 3.04 Travel Expense Procedures, authorizing closure of the Travel Expense Fund. (Approved by the Finance Committee on 3/8/05.) (H) Proposed Ordinance amending the provisions of the Edmonds City Code Section 3.05.070 Rental Charges - Schedule in order to incorporate the establishment and adjustment of reasonable rental charges as part of the annual budget process. (Approved by the Finance Committee on 3/8/05.) (I) Proposed Resolution authorizing the Administrative Services Director to establish and maintain petty cash and change funds for the various departments of the City. (Approved by the Finance Committee on 3/8/05.) (J) Proposed Resolution authorizing the Mayor and Administrative Services Director to execute corporate resolutions or other forms which designate account signers with respect to financial accounts established by the City of Edmonds and authorizing certified copies of such form to financial institutions. (Approved by the Finance Committee on 3/8/05.) Page 1 of 2 CITY COUNCIL MEETING AGENDA MARCH 15, 2005 (K) Proposed Resolution authorizing the Mayor and through his delegation to the Administrative Services Director to settle, litigate or assign to a collection agency accounts receivable incurred by the citizens of the City of Edmonds subject to certain limitations. (Approved by the Finance Committee on 3/8/05.) (L) Declaring VHF portable, mobile radios, and one HP optical disk jukebox surplus. (Approved by the Public Safety Committee on 3/8/05.) (M) Declaring Police Department laptop computers surplus. (Approved by the Public Safety Committee on 3/8/05.) 3. (15 Min.) Proposed Ordinance amending the City of Edmonds Comprehensive Plan together with a resolution addressing certain amendments that are to be considered during the 2005 plan process. 4. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 5. ( 5 Min.) Report on City Council Committee Meetings of March 8, 2005. • 6. ( 5 Min.) Mayor's Comments 7. (15 Min.) Council Comments ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk at(425) 771-0245 with 24 hours advance notice for special accommodations. A delayed telecast of the meeting appears on cable television-Government Access Channel 21. 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