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01/07/2003 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES January 7, 2003 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Gary Haakenson in the Council Chambers, 250 5t' Avenue North, Edmonds, followed by the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Jeff Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Richard Marin, Councilmember Deanna Dawson, Councilmember ALSO PRESENT Michelle Trias, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Arvilla Ohlde, Parks and Recreation Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Edmonds City Council Approved Minutes January 7, 2003 Page 1 (A) ROLL CALL Approve 12/17/02 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 17, 2002 Minutes — 'Approve (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 23, 2002 12/23/02 Minutes (D) APPROVAL OF CLAIM CHECKS #59741 THROUGH #59897 FOR THE WEEK OF Approve DECEMBER 16, 2002, IN THE AMOUNT OF $829,715.54. APPROVAL OF CLAIM Claim CHECKS #59898 THROUGH #59974 FOR THE WEEK OF DECEMBER 23, 2002, IN Checks THE AMOUNT OF $123,810.19, APPROVAL OF CLAIM CHECKS #59980 THROUGH #60115 FOR THE WEEK OF DECEMBER 30, 2002, IN THE AMOUNT OF $298,193.97. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #34722 THROUGH #34823 FOR THE PERIOD DECEMBER 1 THROUGH DECEMBER 15, 2002, IN THE AMOUNT OF $909,201.18. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #34826 THROUGH #34923 FOR THE PERIOD DECEMBER 16 THROUGH DECEMBER 31, 2002, IN THE AMOUNT OF $751,244.29. Edmonds City Council Approved Minutes January 7, 2003 Page 1 ]aims for (E) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM GREGORY C. Damages BRACKETT ($4,133.00) AND MARK AND KIMBERLY BAILEY ($331.84). quor ntro l (F) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF tro and THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL es# 1035 BOARD. randy G RESOLUTION NO. 1035 COMMENDING STUDENT REPRESENTATIVE BRANDY rout ( ) GROUT. idwater- ront (H) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR ART ELEMENTS ON Walkway / THE MID - WATERFRONT WALKWAY/BULKHEAD PROJECT FROM BRUCE ulkhead MYERS SCULPTURE IN THE AMOUNT OF $35,417.00. Brandy 3. PRESENTATION OF RESOLUTION TO STUDENT REPRESENTATIVE BRANDY GROUT Grout, Student Council President Earling commented it had been a pleasure having Ms. Grout on the City Council for Representa- tive the past semester. He read and presented a resolution to Ms. Grout commending her for her participation in City government in Edmonds. He presented her a plaque in recognition of her valued support as Student Representative on the Council, September — December 2002. Ms. Grout remarked her position as Student Representative had been a lot of fun and she was inspired to stay involved in the City, possibly running for office someday. ichelle 4. INTRODUCTION OF NEW STUDENT REPRESENTATIVE MICHELLE TRIAS f enta- Council President Earling introduced and welcomed new Student Representative Michelle Trias. He described her interests, school and social activities, and college plans. 5. AUDIENCE COMMENTS There were no members of the audience present who wished to address the Council. 6. SELECTION OF COUNCIL PRESIDENT 003 Council President Mayor Haakenson opened the floor for nominations. COUNCILMEMBER WILSON NOMINATED DAVE EARLING AS COUNCIL PRESIDENT FOR 2003. COUNCILMEMBER DAWSON SECONDED THE NOMINATION. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO CLOSE NOMINATIONS FOR COUNCIL PRESIDENT. MOTION CARRIED UNANIMOUSLY. NOMINATION FOR DAVE EARLING TO SERVE AS COUNCIL PRESIDENT FOR 2003 CARRIED (6 -0 -1), COUNCIL PRESIDENT EARLING ABSTAINED. 7. SELECTION OF COUNCIL PRESIDENT PRO TEM 003 ouncil COUNCILMEMBER PLUNKETT NOMINATED DAVE ORVIS AS COUNCIL PRESIDENT PRO resident TEM FOR 2003. NOMINATION DIED FOR LACK OF A SECOND. ro Tern COUNCILMEMBER WILSON NOMINATED RICHARD MARIN AS COUNCIL PRESIDENT FOR 2003. COUNCILMEMBER PLUNKETT SECONDED THE NOMINATION. Edmonds City Council Approved Minutes January 7, 2003 Page 2 COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO CLOSE NOMINATIONS FOR COUNCIL PRESIDENT PRO TEM. MOTION CARRIED UNANIMOUSLY. NOMINATION FOR RICHARD MARIN TO SERVE AS COUNCIL PRESIDENT PRO TEM FOR 2003 CARRIED (6 -0 -1), COUNCILMEMBER MARIN ABSTAINED. Committee 8. COUNCIL PRESIDENT — APPOINTMENT OF COMMITTEE REPRESENTATIVES Appoint- ments Council President Earling announced City Council committee appointments as follows: Res# 1036 9. Health District Appoint- ment es# 1037 10. Transporta- tion Board Appoint- ment Committee Representative Community Service/Dev. Services Comm. Richard Marin (Chair), Jeff Wilson Finance Committee Dave Orvis (Chair), Lora Petso Public Safety Committee Michael Plunkett (Chair), Deanna Dawson Community Transit Dave Earling, Richard Marin Alt Disability Board Richard Marin, Dave Orvis Downtown Parking Dave Orvis Edmonds Alliance for Economic Dev. Michael Plunkett Edmonds Crossing Project (Multimodal) Dave Earling Historic Preservation Advisory Comm. Michael Plunkett Long Range Task Force Deanna Dawson, Richard Marin Lodging Tax Advisory Committee Lora Petso Medic 7 & SnoCom Gary Haakenson (Medic 7), Deanna Dawson SnoCom PFD Oversight Committee Jeff Wilson, Lora Petso (Alt) Port of Edmonds Jeff Wilson SeaShore Transportation Forum Richard Marin, Jeff Wilson Snohomish County Health District Richard Marin Snohomish County Tomorrow Dave Earling, Jeff Wilson Alt WRIA -8 Lora Petso COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, TO CONFIRM THE COMMITTEE APPOINTMENTS. MOTION CARRIED UNANIMOUSLY. PROPOSED RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF RESOLUTION NO. 1036 APPOINTING COUNCILMEMBER RICHARD MARIN TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. MOTION CARRIED (6 -0 -1), COUNCILMEMBER MARIN ABSTAINED. PROPOSED RESOLUTION APPOINTING COUNCILMEMBERS TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF PROPOSED RESOLUTION NO. 1037 APPOINTING COUNCIL PRESIDENT EARLING TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD WITH COUNCILMEMBER RICHARD MARIN AS AN ALTERNATE. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 7, 2003 Page 3 0 rd # 3438 11. PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE SECTIONS 5.05.030 AND option of 5.05.1.00(C) TO REQUIRE THAT HENCEFORTH DOGS AND CATS MADE AVAILABLE FOR gs and ADOPTION FROM THE CITY CONTRACTED ANIMAL SHELTER SHALL HAVE BEEN is from SPAYED OR NEUTERED PRIOR TO ADOPTION SETTING AN ADOPTION FEE TO ty RECOVER THE COST ASSOCIATED WITH ANIMAL CONTROL, VETERINARY SERVICE ntracted imal AND KENNELING OF DOGS AND CATS, AMENDING CHAPTER 5.05 BY THE ADDITION OF im Shelter A NEW SECTION 5.05.127.3 DEFINITIONS AND A NEW SECTION 5.05.127.4, FAILURE TO SPAY OR NEUTER. Councilmember Marin recalled the Council adopted the citizen initiative at their last meeting. He explained at the December 17 meeting he proposed a draft ordinance that established a fee system that would not require funding by the City. He advised that the ordinance had been reviewed by City Attorney Scott Snyder over the past few weeks. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF ORDINANCE NO. 3438. Councilmember Petso proposed an amendment to delete the last sentence in Section 5.05.127(C), "All other animals, at the expiration of 72 hours, shall be scheduled for examination by a City contracted veterinarian and be spayed or neutered, if required, as directed in ECC 5.05.127.1 and made available for adoption." She noted if this sentence were not deleted, the City would be required to spay /neuter animals at the expiration of 72 hours at the City's expense and when the animal was adopted, $50 would be refunded to the adopting party, resulting in the procedure no longer being revenue neutral. She indicated she had discussed this with Councilmember Marin and Mr. Snyder. Councilmember Marin accepted Councilmember Petso's proposal as a friendly amendment to his motion. Councilmember Orvis agreed. Council President Earling expressed his appreciation to Councilmember Marin for his efforts to draft this ordinance and bring this matter to a conclusion. MOTION (WITH THE AMENDMENT PROPOSED BY COUNCILMEMBER PETSO) CARRIED UNANIMOUSLY. The ordinance approved is as follows: ORDINANCE NO. 3438 OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE SECTIONS 5.05.030 AND 5.05.100(C) TO REQUIRE THAT HENCEFORTH DOGS AND CATS MADE AVAILABLE FOR ADOPTION FROM THE CITY CONTRACTED ANIMAL SHELTER SHALL HAVE BEEN SPAYED OR NEUTERED PRIOR TO ADOPTION, SETTING AN ADOPTION FEE TO RECOVER THE COST ASSOCIATED WITH ANIMAL CONTROL, VETERINARY SERVICE AND KENNELING OF DOGS AND CATS, AMENDING CHAPTER 5.05 BY THE ADDITION OF A NEW SECTION 5.05.127.3, DEFINITIONS, AND A NEW SECTION 5.05.127.4, FAILURE TO SPAY OR NEUTER; N PENALTIES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 12. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF DECEMBER 10, 2002 ommunity Community Services/Development Services Committee Services / Councilmember Marin reported the Committee first discussed the fee charged for amateur radio ervicepment antennas, explaining when the fee schedule was established, it was envisioned a ham radio antenna was a mmittee very large structure. However, in many instances, they are relatively small, similar to a television antenna. The Committee recommended staff bring the issue to the Planning Board for review of the code section requiring a conditional use permit for amateur radio antennas. The next item the Committee Edmonds City Council Approved Minutes January 7, 2003 Page 4 considered was the signage element of the design guidelines for Architectural Design Review. Staff was directed to make changes to the proposed revised process and forward it to the City Attorney for a draft ordinance to be reviewed by the full Council with recommendation for adoption from the Committee. The final item the Committee considered was the municipal regulations relating to drug paraphernalia due to the availability of drug paraphernalia at a convenience store near a school. Due to the difficulty in regulating these items, the Committee asked that the matter be considered again by the Committee, with the possibility of encouraging a civic organization to protest, write letters, etc. to the store. finance Finance Committee ommittee Councilmember Orvis reported the Council had taken action on most of the items discussed by the Committee. He reported on the Committee's review of a process authorizing interfund loans, explaining this was a process of making temporary loans between funds due to revenues that are received on a periodic basis rather than month -to- month. He noted it did not change the budget but facilitated a more smooth administration. He noted this issue would proceed to the Council. The Committee also discussed a stormwater system development change and asked that the issue be reviewed by the Community Services/Development Services Committee along with the Stormwater Comprehensive Plan. Public Public Safety Committee Safety Councilmember Petso reported most of the items discussed by the Committee had been approved on the Committee Consent Agenda with the exception of a proposal to extend the 3 -hour parking zone on both sides of Walnut Street from 3rd Avenue to 120 feet east of 5"' Avenue S. The Committee directed staff to present this item to the full Council for a public hearing. 13. MAYOR'S COMMENTS Mayor Haakenson welcomed Student Representative Michelle Trias. Mayor Haakenson congratulated Council President Earling and Council President Pro Tem Marin on their appointments and indicated he looked forward to working with them. 14. COUNCIL COMMENTS Council President Earling requested Councilmembers provide any suggestions regarding agenda topics for the Council Retreat to him by noon on Thursday, January 9. He commented although the retreat in the past had been 1' /z days, he encouraged Councilmembers to plan on two full days as one full day would be necessary for discussion of long term financing issues. Councilmembers Dawson and Wilson welcomed Student Representative Michelle Trias. Councilmember Marin expressed his pleasure at the Council being able to amicably conclude the spay /neuter issue with a unanimous vote. He welcomed Student Representative Michelle Trias. Student Representative Michelle Trias commented she was excited to work with the Council and Mayor. With no further business, the Council meeting was adjourned at 7:25 p.m. 4�j G Y HAAkENSON, MAYOR e "e ej'-� SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes January 7, 2003 Page 5 1 [1 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5' Avenue North 7:00 - 10:00 p.m. JANUARY 7, 2003 7:00 P.M. - Call to Order Flan Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of December 17, 2002 (C) Approval of City Council Meeting Minutes of December 23, 2002 (D) Approval of claim checks #59741 through #59897 for the week of December 16, 2002, in the amount of $829,715.54. Approval of claim checks #59898 through #59974 for the week of December 23, 2002, in the amount of $123,810.19. Approval of claim checks #59980 through #60115 for the week of December 30, 2002, in the amount of $298,193.97. Approval of payroll direct deposits and checks #34722 through #34823 for the period December 1 through December 15, 2002, in the amount of $909,201.18. Approval of payroll direct deposits and checks #34826 through #34923 for the period December 16 through December 31, 2002, in the amount of $751,244.29. (E) Acknowledge receipt of Claims for Damages from Gregory C. Brackett ($4,133.00), and Mark and Kimberly Bailey ($331.84). (F) Approval of list of Edmonds businesses applying for renewal of their Liquor Licenses with the Washington State Liquor Control Board. (G) Proposed Resolution commending Student Representative Brandy Grout. (H) Authorization for Mayor to sign agreement for art elements on the Mid - waterfront Walkway /Bulkhead project from Bruce Myers Sculpture in the amount of $35,417.00. 3. ( 5 Min.) Presentation of Resolution to Student Representative Brandy Grout. Page 1 of 2 CITY COUNCIL MEETING AGENDA January 7, 2003 Page 2 of 2 4. ( 5 Min.) Introduction of new Student Representative Michelle Trias. 5. Audience Comments (3 Minute Limit Per Person) 6. ( 5 Min.) Selection of Council President 7. ( 5 Min.) Selection of Council President Pro Tern 8. ( 5 Min.) Council President - Appointment of Committee Representatives 9. ( 5 Min.) Proposed Resolution appointing a Councilmember to the Snohomish County Health District Board 10. ( 5 Min.) Proposed Resolution appointing Councilmembers to the Snohomish County Public Transportation Benefit Area Corporation Board of Directors 11. (30 Min.) Proposed Ordinance amending Edmonds City Code Sections 5.05.030 and 5.05.100(C) to require that henceforth dogs and cats made available for adoption from the city contracted animal shelter shall have been spayed or neutered prior to adoption, setting an adoption fee to recover the costs associated with animal control, veterinary service and kenneling of dogs and cats, amending Chapter 5.05 by the addition of a new Section 5.05.127.3, Definitions, and a new Section 5.05.127.4, Failure to Spay or Neuter. 12. (15 Min.) Report on City Council Committee Meetings of December 10, 2002. 13. ( 5 Min.) Mayor's Comments 14. (15 Min.) Council Comments ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on AT &T Cable, Channel 21.