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01/13/2004 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES January 13, 2004 The Edmonds City Council meeting was called to order at 7:05 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 Michael Plunkett, Council President Jeff Wilson, Councilmember (arrived 7:30 pm.) Mauri Moore, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Richard Marin, Councilmember Deanna Dawson, Councilmember ALSO PRESENT David Dwyer, Student Representative STAFF PRESENT Tom Tomberg, Fire Chief David Stern, Chief of Police Al Compaan, Assistant Police Chief Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Jim Larson, Assistant Admin. Services Director Noel Miller, Public Works Director Dave Gebert, City Engineer Scott James, Accountant Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ADMINISTRATION OF OATH OF OFFICE TO NEWLY ELECTED OFFICIALS Judge Timothy Ryan, Snohomish County District Court South Division, administered the Oath of Office to Mayor Haakenson. Mayor Haakenson administered the Oath of Office to Councilmembers Richard Marin, Dave Orvis, Mauri Moore and Peggy Pritchard Olson. 2. RECEPTION FOR NEWLY ELECTED OFFICIALS Mayor Haakenson recessed the Council to a reception in honor of the newly elected officials. 3. APPROVAL OF AGENDA COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 4. CONSENT AGENDA ITEMS COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 16, 2003. Edmonds City Council Approved Minutes January 13, 2004 Page 1 (C) APPROVAL OF CLAIM CHECKS #67526 THROUGH #67671 FOR THE WEEK OF DECEMBER 15, 2003, IN THE AMOUNT OF $93,538.96. APPROVAL OF CLAIM CHECKS #67672 THROUGH #67782 FOR THE WEEK OF DECEMBER 23, 2003, IN THE AMOUNT OF $361,265.31. APPROVAL OF CLAIM CHECKS #67783 THROUGH #67914 FOR THE WEEK OF DECEMBER 29, 2003, IN THE AMOUNT OF $258,882.99. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #37309 THROUGH #37387 FOR THE PERIOD DECEMBER 1 THROUGH DECEMBER 15, 2003, IN THE AMOUNT OF $996,942.38. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #37388 THROUGH #37468 FOR THE PERIOD DECEMBER 16 THROUGH DECEMBER 31, 2003, IN THE AMOUNT OF $799,073.30. (D) AUTHORIZATION TO CALL FOR BIDS FOR THE DALEY STREET SEWER IMPROVEMENT PROJECT. (E) RECOGNITION OF RETIRING AND REAPPOINTED BOARDS AND COMMISSIONS MEMBERS. (F) AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT NO.2 TO EXTEND THE PERIOD OF PERFORMANCE FOR THE PROFESSIONAL SERVICES AGREEMENT WITH R.W. BECK, INC. FOR ON -CALL STORMWATER ENGINEERING AND MANAGEMENT SERVICES. 5. INTRODUCTION OF NEW STUDENT REPRESENTATIVE DAVID DWYER Councilmember Dawson introduced David Dwyer, the Council's new Student Representative, who is currently a senior at Edmonds-Woodway High School. Councilmember Dawson described the activities and sports Mr. Dwyer participates in. Student Representative Dwyer thanked the Council for the opportunity and stated that he looked forward to working with the Council. Introduction of Elected Officials Family Members Present Mayor Haakenson introduced his wife, Dolly, his sons Brett and Bryan and Bryan's wife Jennifer. Councilmember Orvis introduced his parents, noting his father, Jim Orvis was a new Port Commissioner. Mayor Haakenson introduced another new Port Commissioner, Marianne Burkhart. 6. PROCLAMATION IN HONOR OF NATIONAL MENTORING MONTH AND A PRESENTATION ON THE BIG BROTHERS AND SISTERS PROGRAM Mayor Haakenson read a proclamation declaring the month of January as National Mentoring Month in Edmonds and encouraging all citizens, city employees and caring adults to become involved as mentors. Mayor Haakenson presented the proclamation to Juergen Kneifel, a recruitment specialist with Big Brothers and Big Sisters of Snohomish County, who described the importance of mentoring. Mr. Kneifel explained a recent Harvard study concluded that 15 million children nationwide wanted or could benefit from having a caring adult mentor, but currently there were only 900,000 children being mentored, a large gap in the children who could benefit from mentoring and those who were actually being mentored. Big Brothers and Big Sisters of Snohomish County partnered with Powerful Partners to provide school -based mentoring opportunities for adults and a student at local elementary schools. Mr. Kneifel shared his experience as a Big Brother, emphasizing how fulfilling it was for adults to be involved in the program. He noted the difference between their mentoring programs and others was their focus on a relationship of a caring adult with one child. Edmonds City Council Approved Minutes January 13, 2004 Page 2 Councilmember Dawson thanked Mr. Kneifel and the boardmembers of the Big Brothers and Big Sisters of Snohomish County. A Big Sister herself, she encouraged the community to get involved in mentoring. Mr. Kneifel advised the Mayors of Lynnwood and Edmonds had agreed to a challenge to see which city could get the most employees to participate as mentors. He provided a telephone number for the program, 1-888-412-2447. He noted training and support was available for each match. Councilmember Dawson also invited anyone with questions to contact her. 7. AUDIENCE COMMENTS There were no members of the public who wished to provide comment. 8. SELECTION OF COUNCIL PRESIDENT Mayor Haakenson opened the floor for nominations. COUNCILMEMBER DAWSON NOMINATED MICHAEL PLUNKETT AS COUNCIL PRESIDENT FOR 2004. COUNCILMEMBER ORVIS SECONDED THE NOMINATION. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO CLOSE THE NOMINATIONS FOR COUNCIL PRESIDENT. MOTION CARRIED UNANIMOUSLY. THE NOMINATION FOR MICHAEL PLUNKETT TO SERVE AS COUNCIL PRESIDENT FOR 2004 CARRIED (6-0-1), COUNCILMEMBER PLUNKETT ABSTAINED. 9. SELECTION OF COUNCIL PRESIDENT PRO TEM Mayor Haakenson opened the floor for nominations. COUNCILMEMBER WILSON NOMINATED DEANNA DAWSON AS COUNCIL PRESIDENT PRO TEM FOR 2004. COUNCILMEMBER PLUNKETT SECONDED THE NOMINATION. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO CLOSE THE NOMINATIONS FOR COUNCIL PRESIDENT PRO TEM. MOTION CARRIED UNANIMOUSLY. THE NOMINATION FOR DEANNA DAWSON TO SERVE AS COUNCIL PRESIDENT PRO TEM FOR 2004 CARRIED (6-0-1), COUNCILMEMBER DAWSON ABSTAINED. 10. DISCUSSION REGARDING COUNCIL COMMITTEES Council President Plunkett commented that although there had been discussion regarding consolidating, and/or eliminating committees, none had been changed at this time. He assured if there was a need to change a committee in the future, that could be accomplished. Council President Plunkett described the new committee that had been formed, the Community Outreach Committee, explaining that Councilmember Moore had been assigned to this committee due to her experience in the media at a national level. He explained Councilmember Moore would be working with Community Services Director Stephen Clifton and the Mayor on ways to better utilize Channel 21 as well as other methods of community outreach. Edmonds City Council Approved Minutes January 13, 2004 Page 3 it. COUNCIL PRESIDENT — APPOINTMENT OF COMMITTEE REPRESENTATIVES Committee Representative Community Service/Dev. Services Comm. Mauri Moore, Jeff Wilson Finance Committee Dave Orvis, Richard Marin Public Safety Committee Deanna Dawson, Peggy Prichard Olson Community Outreach Mauri Moore Community Transit Richard Marin, Mauri Moore Alt Disability Board Richard Marin, Deanna Dawson Downtown Parking Peggy Prichard Olson Edmonds Development Advisory Comm. Dave Orvis Edmonds Crossing Project Multimodal Jeff Wilson, Peggy Prichard Olson Highway 99 Task Force Richard Marin, Jeff Wilson, Peggy Prichard Olson Historic Preservation Advisory Comm. Michael Plunkett Long Range Task Force Jeff Wilson, Richard Marin Lodging Tax Advisory Committee Peggy Pritchard Olson SnoCom Deanna Dawson PFD Oversight Committee Jeff Wilson, Mauri Moore Port of Edmonds Dave Orvis SeaShore Transportation Forum Peggy Prichard Olson, Mauri Moore Snohomish County Health District Richard Marin Snohomish County Tomorrow Jeff Wilson, Deanna Dawson Alt WRIA-8 Michael Plunkett 12. PROPOSED RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF RESOLUTION NO. 1056, A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPOINTING COUNCILMEMBER RICHARD MARIN TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. MOTION CARRIED UNANIMOUSLY. 13. PROPOSED RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF RESOLUTION NO. 1057, A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, APPOINTING COUNCILMEMBER RICHARD MARIN AS THE CITY OF EDMONDS REPRESENTATIVE TO SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS AND MAURI MOORE AS ALTERNATE. MOTION CARRIED UNANIMOUSLY. 14. CLARIFICATION OF OBLIGATIONS AND AGREEMENT REGARDING COLLATERAL RIGHTS RELATED TO A DECEMBER 17, 1981 QUIT CLAIM DEED EASEMENTS AND AGREEMENT BETWEEN THE CITY OF EDMONDS AND UNION OIL COMPANY OF CALIFORNIA City Attorney Scott Snyder explained in 1981 Unocal deeded the Union Oil Marsh to the City for park purposes. At the time, Unocal was in the early stages of cleanup on the Unocal property. In the deed that Edmonds City Council Approved Minutes January 13, 2004 Page 4 transferred the property, a number of rights were preserved such as opening and closing the tide gate and a requirement that the property be returned if it ceased to be used for a park, marsh or wetland preserve. At that time Union Oil had no plans to sell any portion of the property and did not specify in the original deed who exercised the rights. Mr. Snyder explained they have now requested a deed clarification to show that the rights reside with Union Oil as the owner of the lower yard, the portion of the property most likely to be impacted by fluctuations in the level of the marsh and similar issues. He advised it was in the city's best interest to clarify who exercised the rights. Mr. Snyder explained a portion of the property was currently under development as a condominium. The clarification was necessary to identify who the negotiating party would be in the future if the City sought release of the rights as part of the purchase of the property for the multimodal project.. He noted staff requested as part of the consideration for the deed of clarification that Union Oil confirm that if the lower yard were sold to the City, the rights that are being clarified would be transferred to the City at no additional cost. Mr. Snyder clarified no additional rights would be created by these documents, they were only being clarified. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO APPROVE THE CLARIFICATION OF OBLIGATIONS AND AGREEMENT REGARDING COLLATERAL RIGHTS AND AUTHORIZE THE MAYOR TO SIGN EACH ON BEHALF OF THE CITY OF EDMONDS. MOTION CARRIED UNANIMOUSLY. 1.5. REPORT ON CITY COUNCIL COMMUNITY SERVICES/DEVELOPMENT SERVICES COMMITTEE MEETING OF DECEMBER 16, 2003 Councilmember Marin reported the Committee discussed the Downtown Business District Zoning Designation. Members of the Planning Board met with the Committee to discuss issues to be considered in the coming year regarding how the zoning was structured in and around the downtown area. Next, staff reviewed the situation at 76th Avenue W and Meadowdale Beach Road with the Committee and residents. Staff was directed to look further at the warrants for an all -way stop at this intersection. Staff then reviewed revisions to the right-of-way, street use and encroachment permit revisions and the Committee directed staff to forward the revisions to the City Council with a total fee of $100 for street use permits. 1.6. MAYOR'S COMMENTS Mayor Haakenson congratulated Council President Plunkett and Councilmember Dawson (Council President Pro Tem) on their appointments. He welcomed the two new Councilmembers and two returning Councilmembers. On behalf of his wife and family, he thanked the community for the cards, letters and flowers sent at the passing of his mother-in-law. 17. COUNCIL COMMENTS Council President Plunkett expressed the sorrow of the Council and citizens of Edmonds at the passing of Mayor Haakenson's mother-in-law and wished Mayor Haakenson, his wife and his family the best. Edmonds City Council Approved Minutes January 13, 2004 Page 5 Council President Plunkett wished Councilmember Moore a belated happy birthday (January 6). He welcomed the two new Councilmembers. He further announced the Public Safety and Finance Committees would meet following the adjournment of tonight's meeting. Councilmember Wilson inquired whether Council President Plunkett planned to designate the Chairperson of the Council Committees. He apologized for his late arrival, explaining he had planned this trip for a week when the Council did not meet only to have the meeting rescheduled due to last week's storm. He welcomed Student Representative Dwyer. Council President Plunkett suggested the Council Committees could appoint their own Chairpersons. Councilmember Dawson welcomed the new Councilmembers and Student Representative as well as the two returning Councilmembers. She thanked City staff for their professionalism and quick response to turn off her water when pipes burst in her home last week. She thanked Student Representative Dwyer and his father who also assisted her. Councilmember Olson thanked staff, the Council and the Mayor for their support. Councilmember Moore thanked the voters for giving her their public trust. She also thanked staff, the Council and the Mayor for their assistance. Councilmember Orvis congratulated the new and returning Councilmembers. Councilmember Marin congratulated Council President Plunkett and Councilmember Dawson (Council President Pro Tem) on their appointments. He welcomed the two new Councilmembers and Student Representative Dwyer, noting he has been acquainted with Mr. Dwyer in the past and was pleased to have him serve as the Council's Student Representative. Student Representative Dwyer thanked the Council for the opportunity to serve as Student Representative. Councilmember Moore introduced her husband. With no further business, Mayor Haakenson adjourned the Council to committee meetings at 8:10 p.m. GXRY ENSON, MAYOR Aar� .H . &/uei SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes January 13, 2004 Page 6 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 51h Avenue North 7:00 to 10:00 p.m. JAN UARY 13, 2004 7:00 P.M. - Call to Order Flag Salute 1. (15 Min.) Administration of Oath of Office to newly elected officials. 2. (20 Min.) Reception for newly elected officials. 3. Approval of Agenda 4. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of December 16, 2003. (C) Approval of claim checks #67526 through #67671 for the week of December 15, 2003, in the amount of $93,538.96. Approval of claim checks #67672 through #67782 for the week of December 23, 2003, in the amount of $361,265.31. Approval of claim checks #67783 through #67914 for the week of December 29, 2003, in the amount of $258,882.99. Approval of payroll direct deposits and checks #37309 through #37387 for the period December 1 through December 15, 2003, in the amount of $996,942.38. Approval of payroll direct deposits and checks #37388 through #37468 for the period December 16 through December 31, 2002 in the amount of $799,073.30. (D) Authorization to call for bids for the Daley Street sewer improvement project. (E) Recognition of retiring and reappointed Boards and Commissions Members. (F) Authorization for Mayor to sign Supplemental Agreement No. 2 to extend the period of performance for the Professional Services Agreement with R.W. Beck, Inc. for On -Call Stormwater Engineering and Management Services. 5. ( 5 Min.) Introduction of new Student Representative David Dwyer. Page 1 Edmonds City Council Meeting January 13, 2004 6. (15 Min.) Proclamation in honor of National Mentoring Month and a presentation on the Big Brothers and Big Sisters Program. 7. Audience Comments (3 Minute Limit Per Person) 8. ( 5 Min.) Selection of Council President 9. ( 5 Min.) Selection of Council President Pro Tern 10. (15 Min.) Discussion regarding Council Committees 11. ( 5 Min.) Council President - Appointment of Committee Representatives 12. ( 5 Min.) Proposed Resolution appointing a Councilmember to the Snohomish County Health District Board. 13. ( 5 Min.) Proposed Resolution appointing Councilmembers to the Snohomish County Public Transportation Benefit Area Corporation Board of Directors. 14. (15 Min.) Clarification of obligations and agreement regarding collateral rights related to a November 17, 1981 Quit Claim Deed, Easements and Agreement between the City of Edmonds and Union Oil Company of California. 15. ( 5 Min.) Report on City Council Community Services/Development Services Committee Meeting of December 16, 2003. 16. ( 5 Min.) Mayor's Comments 17. (15 Min.) Council Comments ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The City Council will meet separately as committees in different meeting rooms as indicated below. 18. Public Safety Committee (Meeting Location: Police Training Room) A. Contract for animal kenneling services with Adix's Bed & Bath for Dogs and Cats. B. Contract for veterinary services with Edmonds -Westgate Veterinary Hospital. C. Ordinance amending existing spay/neuter ordinances. Page 2 Edmonds City Council Meeting January 13, 2004 19. Finance Committee (Meeting Location: Jury Meeting Room) A. Mike Doubleday Government Relations - 2004 contract proposal for services. Note: The Community Services/Development Services Committee will not meet this evening. Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771-0245 with 24 hours advance note for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on cable television Government Access Channel 21. Page 3