05/17/2005 City CouncilI� M . ,,.
May 17, 2005
Following a special meeting at 6:30 p.m. for an Executive Session regarding labor negotiations, the
Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council
Chambers, 250 5th 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
Tom Tomberg, Fire Chief
David Stern, Chief of Police
Duane Bowman, Development Services Director
Dan Clements, Administrative Services Director
Noel Miller, Public Works Director
Kathleen. Junglov, Asst. Admin. Services Dir.
Rob Chave, Planning Manager
Dave Gebert, City Engineer
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
change to I Council President Marin requested the addition of a five minute briefing on the Legislative Session by
Agenda I Senator Darlene Fairley as Item 3A and to move Audience Comments to Item 3B.
COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT,
FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
Council President Marin requested Item I be removed from the Consent Agenda so that he could abstain
from the vote.
COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER WILSON, FOR
APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED
Edmonds City Council Approved Minutes
May 17, 2005
Page 1
UNANIMOUSLY. The agenda items approved are as follows:
Approve
(A)
ROLL CALL
513105
Minutes
(B)
APPROVAL OF CITY COUNCIL MEETING MINUTES OF MAY 3, 2005.
Approve
(C)
APPROVAL OF CLAIM CHECKS #79438 THROUGH #79635 FOR THE WEEK OF
Claim
MAY 9, 2005, IN THE AMOUNT OF $224,561.75.
Checks
Res# 1093
(D)
RESOLUTION NO. 1093 AND ORDINANCE NO. 3551 VACATING A PORTION OF THE
Vacate
8TH AVENUE NORTH RIGHT -OF -WAY DIRECTLY ADJACENT TO AND
Portion of 8
IMMEDIATELY WEST OF THE PROPERTY ADDRESSED AS 808 DALEY STREET
Ave. N.
(APPLICANTS: ROY AND SYLVIA ROBINSON AND JOHN AND LOIS RYAN /FILE
NO. ST- 04 -09)
Edmonds City Council Approved Minutes
May 17, 2005
Page 1
Snohomish
Regional (E) AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT
Drug Task
Force ESTABLISHING SNOHOMISH REGIONAL DRUG TASK FORCE FOR THE FISCAL
YEAR 2005 -2006.
Res# 1094 1
Street (I) RESOLUTION NO. 1094 TO INITIATE STREET VACATION ACTIONS ALONG 164TH
Vacation -
164th St. SW STREET SW BETWEEN 72ND AVENUE WEST AND 75TH PLACE WEST.
Between
72" & 75th (G) AUTHORIZATION FOR THE FIRE DEPARTMENT TO ADVERTISE FOR BIDS TO
Replace One REPLACE ONE FIRE ENGINE.
Fire Engine
(H) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM LAURENCE &
Claims for JANICE FARRAR ($899.22), CHELSEY GOOD ($50,000.00), SEAN G. ENBUSK ($140.35),
Damages AND MICHAELA LaHURREAU ($865.00)
Public
Works Wee (J) PROCLAMATION IN HONOR OF PUBLIC WORKS WEEK, MAY 15 -21, 2005.
Excellence
in Music I (K) PROCLAMATION IN HONOR OF CASCADE SYMPHONY ORCHESTRA
Day I EXCELLENCE IN MUSIC DAY, MAY 23, 2005.
Prosecutor I (L) APPROVAL OF PROSECUTOR CONTRACT BETWEEN THE CITY AND THE LAW
Contract FIRM OF ZACHOR & THOMAS, INC., P.S. (THE PRINCIPALS WHO ARE H. JAMES
ZACHOR, JR. AND MELANIE S. THOMAS) AND ITS ATTORNEYS.
Liquor Item I: Approval of list of Edmonds businesses applying for renewal of their Liquor Licenses with
control I the Washington State Liquor Control Board.
Board
COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR
APPROVAL OF ITEM I. MOTION CARRIED (6 -0 -1), COUNCIL PRESIDENT MARIN
ABSTAINED. The item approved is as follows:
(1) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF
THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL
BOARD
Senator 3A. BRIEFING ON THE LEGISLATIVE SESSION BY SENATOR DARLENE FAIRLEY
Darlene
Fairley
Senator Darlene Fairley commented this session was about education, the environment and transportation.
With regard to education, she advised I -732 (teachers' salaries) and I -738 (class size) were fully funded
and 8,000 slots were added to higher education. She explained her top issue was ensuring community
colleges were taken care of because she realized not everyone had the money to attend a 4 -year
university. With regard to the environment, she recalled a great deal of testimony from California that the
automotive dealers did better with the clean car legislation. A bill was also passed requiring all public
buildings to take into account green building standards. There was also legislation passed regarding
cleanup of Hood Canal. She was disappointed she was not able to report that the gambling licensing had
been frozen.
With regard to transportation, she reported a gas tax was passed consisting of 3 cents the first year, 3
cents the second year, 2 cents the third year and 1.5 cents the fourth year with a portion of the funding
from the first and second year distributed to local government according to population. She also signed a
letter along with other Edmonds Legislators asking the Washington State Ferries to move the Edmonds
Crossing project up two years. She noted the Chair of the Transportation Committee did not support the
Edmonds Crossing Project which is outside her district. As the former chair of the Capital Budget, she
was pleased funds were included in the budget for projects in Shoreline and Edmonds. She now chairs
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Page 2
the Financial Institutions, Housing and Consumer Protection Committee and encouraged
Councilmembers to contact her with any ideas for legislation. She reported she sponsored a bill that
passed that increased the amount cities could recover toward the cost of incarceration from $50 to $100.
She advised a bill was also passed that provided funding for municipal and district court judges if the
judges were elected. Mayor Haakenson advised Edmonds' municipal judge was an appointed position.
Mayor Haakenson expressed his appreciation to Senator Fairley for her telephone updates during the
legislative session. At his request, City Engineer Dave Gebert advised the local portion of the gas tax
would provide approximately $160,000 to Edmonds, two - thirds to the street operating budget and one
third to the street capital budget. Mayor Haakenson commented although the City appreciated the funds,
it was not enough and he encouraged Senator Fairley to continue to identify funds for the City. He also
expressed his appreciation for Senator Fairley's support of the Edmonds Crossing project.
Council President Marin referred to a bill Senator Paull Shin sponsored regarding rainwater harvesting
that took a great deal of flack, noting this illustrated to him how difficult it was for a senator to balance
their constituents' needs. He expressed his appreciation for the work that Senator Fairley and other
senators do. Mayor Haakenson commented Senator Fairley's background in cities assist with her
understanding of cities' needs.
Councilmember Orvis thanked Senator Fairley for her response to him regarding his inquiry about the
gambling issue.
3B. AUDIENCE COMMENTS
Kiwanis Al Rutledge, 7101 Lake Ballinger Way, Edmonds, encouraged the Council to purchase berries via the
Cub Berry Kiwanis Club berry sale. He advised the Kiwanis Club had also raised funds in the past via a gate at the
Sale Taste of Edmonds, however, the number of gates is being reduced this year from four to three. He briefly
commented on efforts related to Brightwater.
snilding Ron Wambolt, 530 Dayton Street, Edmonds, recalled Mark Hinshaw's statement at the May 10
xeight Council meeting, "arguing a matter of a few feet was pretty silly, a waste of energy." Mr. Wambolt
Issues expressed disappointment that that statement due to no reaction from the Council. He commended Mr.
Hinshaw for his analysis of the buildings in the downtown area, including his observation that the most of
the buildings in the retail core were 1 -2 stories. He noted three Councilmembers have supported a height
increase in that area to 33 feet and while this is only a few feet, it would be the catalyst for developers to
construct 3 -story mixed use buildings in the primary shopping area with the end result being a
proliferation of 3 -story buildings rather than the predominantly 1 -story buildings. He noted Mr. Hinshaw
recognized the destruction this could cause by proposing a 25 -foot height in the core shopping area. He
noted this illustrated that three additional feet did make a difference, the reason thousands of Edmonds
citizens were opposed to the additional height.
Washington 4. PRESENTATION OF GIFT AND PLAQUE BY REPRESENTATIVES OF THE WASHINGTON
Tea Party TEA PARTY.
John Quast, President, Washington Tea Party, recognized the members of the audience and the
Council who were members of or supported the efforts of the Washington Tea Party. He explained the
Washington Tea Party was formed in 2001 to oppose the siting of a sewage plant at property known as
the Unocal hill, the last large tract of Edmonds bowl property, noting whatever was located there would
have a significant impact on the beauty and personality of the city and Brightwater was not the citizens'
choice for that location. The citizens of Edmonds together with friends and neighbors in Mountlake
Terrace worked to ensure that destiny was thwarted and their diligent efforts succeeded. He thanked the
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thousands who were involved, noting the contributions of Mountlake Terrace Councilmembers Angela
Amundson, John Zambrano and Michelle Robles. He also expressed his thanks to the City of Edmonds
including Mayor Haakenson, members of City staff including Treatment Plant Manager Steve Koho,
Community Services Director Stephen Clifton, Planning Manager Rob Chave, and the Edmonds City
Council. He expressed the Tea Party's special thanks to Development Services Director Duane Bowman
who attended every meeting, testified in Olympia and who accomplished much in the Tea Party's behalf.
He also expressed their appreciation for the support of Senators Paull Shin and Darlene Fairley,
Snohomish County Council President Gary Nelson and Representative Brian Sullivan.
Mr. Quast explained the Tea Party's goal was to ensure the people had a voice in the future of the
community. However, as they addressed the mission of the Tea Party, it became clear there was an
opportunity to remind those in the future of the importance of protecting the community. He presented a
plaque to Ross Woods, Triad Executive Vice President, that read, "But for the action of the people of
Edmonds during 2001 — 2004, this beautiful site would now be a sewage treatment plant." Mr. Woods
expressed Triad's honor to accept the plaque and looked forward to installing it later this year in the
stonework at the new viewpoint on Pine Street
Mr. Quast described the Washington Tea Parry's unanimous decision to donate their remaining treasury
to the City of Edmonds flower basket program. He presented a check for $1,341.39 to the City of
Edmonds Park Trust Fund for the flower basket program.
Mayor Haakenson stated he had no doubt what was accomplished in the fight against Brightwater would
not have been accomplished without the efforts of the Washington Tea Party. He noted the effort not
only brought the community together, it showed the State that Edmonds was a force to be reckoned with.
He expressed his sincere support for everything the Washington Tea Party had accomplished.
Council President Marin echoed Mayor Haakenson's thanks to the Washington Tea Parry, commenting
this was an example of community service at its best.
Foster Care 5. PROCLAMATION AND PRESENTATION IN HONOR OF NATIONAL FOSTER CARE MONTH
Month IN MAY, 2005.
Councilmember Dawson read a proclamation declaring May 2005 as National Foster Care Month that she
presented to Adam Cornell who grew up in the care and custody of Washington State Department of
Social and Health Services from age 5 -14, attending over a dozen public schools and living in numerous
foster homes. She explained Mr. Cornell was currently a Deputy Prosecuting Attorney for Snohomish
County, obtaining his law degree from Lewis & Clark College in 2001, his BA magna cum laude and Phi
Beta Kappa, from Georgetown University in 1995. In 2004, Mr. Cornell was appointed by Governor
Locke to the Washington Commission for National and Community Service and currently serves as vice
chair for that organization. He also serves on the Board of Directors of the Children's Campaign Fund, a
Washington State political action committee dedicated to electing public officials who are champions for
children. He recently completed a three -year term on the Board of Directors of the Child Welfare League
of America, the nation's oldest and largest membership -based child - welfare organization. Mr. Cornell
was also the author and legislative advocate of Oregon House Bill 2431, the foster care scholarship bill;
HB 2431 became law in July 2001 and provides college tuition scholarships to former foster children in
Oregon. In the past Mr. Cornell has also served as a Peace Corp volunteer in South America and was the
Boys and Girls Club of America's National Youth of the Year in 1990 where he represented 1.5 million
members as a national spokesperson.
Adam Cornell, 628 Dayton Street, Edmonds, commented what most people know about foster care is
what they read in the newspaper or hear on television, noting the recent tragic and unnecessary deaths of
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many children have brought attention to a foster care system in desperate need of repair. He noted in a
recent high profile crime in the State, one of the defendants spent much of his early life in foster care. He
noted his work as a Deputy Prosecutor in the felony drug unit provided him the opportunity to meet many
criminal defendants who were the result of the foster care system. This was not surprising given the
trauma many children face living in foster care. He explained there were approximately 8,000 children in
Washington living in foster care, children who were abused or neglected and the court made a decision .
that it was unsafe to live with their families. He noted the grim news stories did reflect a grain of truth of
the grim prospects that children living in foster care face. He cited statistics from a recent study by
Harvard Medical School regarding post traumatic stress rates for children in foster care, mental health
problems among foster children and that less than 3% would obtain a B.A. degree.
Mr. Cornell commented what the public often did not hear were the successes in the State and
community, pointing out next month 18 children living in foster care in Snohomish County would
graduate from high school or obtain a GED. He referred to other success stories in the community and
State, children who were doing well because they had foster parents and a support system that did more
than provide for their basic needs. He expressed his thanks to the people in the community that helped
foster children thrive.
Mr. Cornell described the trauma he experienced while in foster care, explaining he entered the foster care
system in Whatcom County at the age of five and remained there until adopted at the age of 14. He
commented on a failed adoption, his mother's voluntary relinquishment of he and his two younger
siblings when he was 8, and his adoption at age 14 by a single man who subsequently committed suicide
two weeks prior to his high school graduation. He noted he entered adulthood in the same way he began
his life in the foster care system, essentially alone, the same situation many foster children face when they
leave foster care, the reason only 3% obtain a B.A. degree.
Mr. Cornell described his ability to thrive due to people in his life who set high expectations for him. He
described an experience with one of his foster parents who taught him humor and persistence as well as
helped him understand that he wasn't a victim of circumstance and that he could make his life work. He
expressed his gratitude to that foster mother, Stella, one of many people who take in foster children and
provide guidance and set goals.
Mr. Cornell encouraged the Council and the public to support local programs for young people, to talk to
children and their families about foster care and the next time they heard a news story about a tragic death
in the foster care system, to think about the young people who are doing good things.
Budget 6. PUBLIC HEARING ON THE FIRST QUARTER 2005 BUDGET AMENDMENT.
Amendment
Administrative Services Director Dan Clements explained the first quarter 2005 budget amendment
formally implements the 2005 Utility Rate Study recommendations that had been on hold while the
Council addressed land use issues. He recalled during the development of the 2005 budget, the utility rate
decision package was put on hold pending the results of the Water, Sewer and Storm rate study. The rate
recommendations were reviewed by the Finance Committee on January 11, by the Council on February 1,
a public hearing was held February 22 followed by adoption of the rate ordinance. He concluded the
budget amendment contains 24 capital projects and one staff position.
Mayor Haakenson relayed a request that Mr. Clements explain in plain English what the budget
amendment accomplished. Mr. Clements advised the budget amendment gave the utilities the statutory
authority to make a number of capital improvements and hire one additional position. He advised these
were approved via the budget process and a decision was made at that time to delay the decisions until the
rate study was completed. He recalled the rate study did not recommend an increase in water or sewer
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May 17, 2005
Page 5
rates and recommended a 7% increase in storm rates. He summarized the amendment authorized the
expenditure of funds from the Utility Fund.
Mayor Haakenson opened the public participation portion of the public hearing. There were no members
of the audience who wished to provide testimony and Mayor Haakenson closed he public hearing.
COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR
APPROVAL OF ORDINANCE NO. 3552. MOTION CARRIED UNANIMOUSLY. The ordinance
approved reads as follows:
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE
NO. 3525 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF
VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
7. REPORT ON CITY COUNCIL MEETINGS OF MAY 10 2005
Public Public Safety Committee
Safety Councilmember Dawson reported the Committee reviewed additional details provided by staff with
Committee regard to authorization for the Fire Department to advertise for bids to replace one fire engine. She
advised the bid specifications were available on the Edmonds Fire Department website. The Committee
recommended approval and the item was approved on the Consent Agenda. Next the Committee
reviewed the Interlocal Agreement Establishing the Snohomish Regional Drug Task Force for 2005 -2006.
She noted the primary advantage to Edmonds was the Task Force had the ability to dismantle drug labs
which would save the City a considerable amount of money. This item was also approved on tonight's
Consent Agenda. The last item the Committee considered was approval of a contract between the City
and the law firm of Zachor & Thomas, Inc., P.S. for prosecution services. This item was also approved
on tonight's Consent Agenda.
Finance I Finance Committee
Committee Councilmember Olson reported the Committee reviewed the risk assessment that staff prepared for the
Edmonds Center for the Arts and staff addressed a number of questions relating to the City's exposure
under various scenarios. Committee members asked staff to prepare a condensed scenario summary when
this item is discussed by the full Council as well as to formally present their opinion on the probability of
the project succeeding.
Community/ Community Services/Development Services Committee
Development Councilmember Moore reported the Committee discussed wireless facilities and the recommendation .
Services from the Citizen Technical Advisory Committee (CTAD). She noted this issue arose as a result of a
Committee
request by Cingular Wireless to extend PUD poles with antennas to improve coverage in the Edmonds
area. A recommendation was sought from CTAD regarding the impact this would have if other providers
requested the same access to the poles. CTAD reported on the importance of providing the access but did
not comment on the aesthetics of extending the poles. The Committee referred the matter to the full
Council for a public hearing.
MAYOR'S COMMENTS
Mayor Haakenson commented he had a wonderful and relaxing vacation and it was good to be back.
COUNCIL COMMENTS
community Council President Marm announced the Council's next Community Outreach Meeting will be held at the
onrr�cb Seaview Elementary School library on May 31. He encouraged the public to come to the meeting, noting
Meetin ` there were no cameras and no time limits and the meeting was open to all subjects.
Edmonds City Council Approved Minutes
May 17, 2005
Page 6
Councilmember Olson thanked everyone who worked on the Bird Festival this weekend, particularly
rd Festival Economic Development Director Jennifer Gerend.
Snohomish Councilmember Dawson commented this week's Snohomish County Cities and Towns meeting was an
o.Cities open discussion of topics of interest to elected officials throughout the region and one of the primary
.nd Towns issues will be Paine Field. She commented on the possibility of Snohomish County Cities and Towns
sponsoring a forum to discuss Paine Field.
With no further business,the Council meeting was adjourned at 7:50 p.m.
•
Addi •
G'• 'Y if • ENSON,MAYOR SANDRA S. CHASE,CITY CLERK
Edmonds City Council Approved Minutes
May 17,2005
Page 7
AlIlk
AGENDA
".jam EDMONDS CITY COUNCIL
Council Chambers, Public Safety Complex
250 5th Avenue North
7:00 - 10:00 p.m.
MAY 17, 2005
6:30 p.m.- Executive Session Regarding Pending Litigation and Labor Contract.
7:00 p.m. -Call to Order and Flag Salute
1. Approval of Agenda
2. Consent Agenda Items
(A) Roll Call
f,
(B) Approval of City Council Meeting Minutes of May 3, 2005.
(C) Approval of claim checks #79438 through #79635 for the week of May 9, 2005, in
the amount of$224,561.75.*
*Information regarding claim checks may be viewed electronically at www.ci.edmonds.wa.us
(D) Proposed Resolution and Ordinance vacating a portion of the 8th Avenue North
right-of-way directly adjacent to and immediately west of the property addressed
as 808 Daley Street (Applicants: Roy and Sylvia Robinson and John and Lois
Ryan/File No. ST-04-09).
(E) Authorization for Mayor to sign an Interlocal Agreement Establishing Snohomish
Regional Drug Task Force for the fiscal year 2005-2006.
(F) Proposed Resolution to Initiate Street Vacation Actions along 164th Street SW
between 72nd Avenue West and 75th Place West.
(G) Authorization for the Fire Department to Advertise for Bids to Replace one Fire
Engine.
(H) Acknowledge Receipt of Claim for Damages from Laurence & Janice Farrar j
($899.22), Chelsey Good ($50,000.00), Sean G. Enbusk ($140.35), and Michaela
Lattarreau ($865.00).
(I) Approval of List of Edmonds Businesses Applying for Renewal of their Liquor
Licenses with the Washington State Liquor Control Board.
(J) Proclamation in Honor of Public Works Week, May 15-21, 2005.
CITY COUNCIL MEETING AGENDA
MAY 17, 2005
(K) Proclamation in Honor of Cascade Symphony Orchestra Excellence in Music Day,
May 23, 2005.
(L) Approval of prosecutor contract between the City and the law firm of Zachor &
Thomas, Inc., P.S. (the principals who are H. James Zachor, Jr. and Melanie S.
Thomas) and its attorneys.
3. Audience Comments (3 Minute Limit Per Person).*
*Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.
4. (15 Min.) Presentation of Gift and Plaque by representatives of the Washington Tea Party.
5. (15 Min.) Proclamation and Presentation in Honor of National Foster Care Month in May,
2005.
6. (10 Min.) Public Hearing on the First Quarter 2005 Budget Amendment.
7. (15 Min.) Report on City Council Meetings of May 10, 2005.
8. ( 5 Min.) Mayor's Comments
9. (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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