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02/04/2003 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 4, 2003 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Gary Haakenson in the Council Chambers, 250 5d' 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 1. APPROVAL OF AGENDA STAFF PRESENT David Stern, Chief of Police Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Noel Miller, Public Works Director Dave Gebert, City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: Edmonds City Council Approved Minutes February 4, 2003 Page 1 (A) ROLL CALL Approve 1/28/03 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 28, 2003 mutes Approve (C) APPROVAL OF CLAIM CHECKS #60611 THROUGH #60738 FOR THE WEEK OF Claim JANUARY 27, 2003, IN THE AMOUNT OF $223,756.49. Checks Report on (D) REPORT ON GENERAL FUND AND OTHER SELECTED FUNDS FINANCIAL General POSITION FOR THE PERIOD ENDED DECEMBER 31, 2002. Fund Purchase (E) AUTHORIZATION TO PURCHASE FROM THE WASHINGTON STATE CONTRACT Truck for ONE (1) 2003 FORD FLATBED TRUCK FOR THE STREET DIVISION. Street Div. ading in (F) PROCLAMATION IN HONOR OF READING IN EDMONDS MONTH, FEBRUARY monds 2003. nth Edmonds City Council Approved Minutes February 4, 2003 Page 1 Public 3. EDMONDS PUBLIC FACILITIES DISTRICT — GRANT OF RIGHT OF FIRST REFUSAL AND Facilities CONTINGENT APPROVAL OF SALE RELATED TO PURCHASE OFFERS ON THE District EDMONDS CENTER FOR THE ARTS ANCHOR HOUSE AND LIBRARIES PROPERTIES. Edmonds Public Facilities District (PFD) Chair Terry Vehrs explained the PFD Board was presenting two offers on two properties that the PFD has deemed surplus via a public process, the Anchor House and the Library. The PFD received two unsolicited offers which they would like to proceed with but the Right of First Refusal required the PFD to first offer the property to the City. Councilmember Dawson recalled the reason for the Right of First Refusal was the Council's concern over how the properties might be developed. She commented she was unable to make a decision whether it would be appropriate for the City to purchase the parcels as the packet did not provide any information regarding the type of development that would occur on those parcels. City Attorney Scott Snyder explained at the Council's request, the PFD approved offering the Council the Right of First Refusal. The Right of First Refusal contract requires that the PFD inform the Council in writing and the Council has 10 days to respond by either purchasing the property or, by failing to act, passing on the opportunity. He explained the documentation and plan approved by the City Council and contained in the Interlocal Agreement assumes this property would be sold in this fiscal year for a certain amount. The offers on both parcels are in excess of the appraised value and in excess of what the PFD Board projected in its approved budget. Councilmember Dawson observed the City likely did not have the funds to purchase the property. She inquired about offers on the properties. Mr. Vehrs advised the PFD Board has counter - offered $560,000 on the Anchor House and $715,000 on the Library. He explained the current zoning of the Anchor House property was RM -1.5 and the PFD Board was in the process of rezoning the library parcel from Public to RM -1.5. Councilmember Dawson inquired whether it could be assumed the property would be developed residential. Mr. Vehrs answered his understanding was that the Anchor House would remain townhouse apartments and the concept for the library property was also apartment homes. Mr. Snyder inquired whether either offer contained a contingency that required rezoning the property to a more intensive use than RM -1.5. Mr. Vehrs answered no. Councilmember Petso inquired about the public testimony provided at the public hearing regarding surplusing the property. Mr. Vehrs answered there was no members of the public present at the public hearing. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, THAT THE CITY COUNCIL DECLINE TO EXERCISE THE RIGHT OF FIRST REFUSAL TO PURCHASE THE PROPERTY AT 601 6TH AVENUE NORTH IN ACCORDANCE WITH THE PURCHASE AND SALE AGREEMENT DATED NOVEMBER 30, 2002, PROVIDED HOWEVER, THAT THE CITY COUNCIL RESERVE ITS RIGHT OF FIRST REFUSAL TO REVIEW ANY FURTHER AMENDMENTS TO THIS CONTRACT THAT WOULD SIGNIFICANTLY ALTER ITS TERMS OR REDUCE THE PURCHASE PRICE BY 10% OR MORE. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, THAT THE CITY COUNCIL DECLINE TO EXERCISE ITS RIGHT OF FIRST REFUSAL FOR THE PURCHASE OF THE PROPERTY DESCRIBED AS THE NORTHEAST CORNER OF GLEN STREET AND 6TH AVENUE NORTH IN ACCORDANCE WITH THE PURCHASE AND SALE AGREEMENT DATED NOVEMBER 22, 2002, PROVIDED HOWEVER THAT THE CITY COUNCIL RESERVE ITS RIGHT OF FIRST REFUSAL TO REVIEW ANY FURTHER Edmonds City Council Approved Minutes February 4, 2003 Page 2 1 AMENDMENTS TO THIS CONTRACT THAT WOULD SIGNIFICANTLY ALTER ITS TERMS OR REDUCE THE PURCHASE PRICE BY 10% OR MORE. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS There were no members of the audience present who wished to address the Council. 5. REPORT ON THE COMMUNITY SERVICES/DEVELOPMENT SERVICES COMMITTEE Services/ Community MEETING HELD ON JANUARY 28. 2003. Development Committee Councilmember Marin reported the Community Services/Development Services Committee was provided an update regarding the library roof project status. He explained the original estimate for repairs to the roof was $600,000; however, a subsequent design report identified a number of additional repairs which staff reviewed and prioritized. Staff identified some surplus funds as a result of significant cost savings associated with the Frances Anderson Center project. Staff recommended the savings from that project be used to fund additional library roof repairs. The Committee concurred with staff's recommendation to fund additional library roof repair projects for a total of $765,000 and asked that staff make a presentation to the City Council. Staff was also directed to proceed concurrently with reviewing the painting of the brick with the Architectural Design Board. Next, staff provided the Committee an update on the Stormwater Comprehensive Plan. The Committee recommended moving forward on the scheduled review by the Planning Board and City Council. The final item discussed by the Committee was updating daycare regulations to bring the City's current regulations into compliance with state law. Staff was asked to also consider adult daycare facilities in the update. The Committee directed staff to refer the daycare ordinances to the Planning Board for review of the impacts and make a recommendation to the City Council. 6. MAYOR'S COMMENTS Citizen Mayor Haakenson recalled in late December a citizen complaint was filed on possible violations of Complaint - Public Edmonds City Code by Councilmember Plunkett. The Council forwarded that complaint to him (Mayor Disclosure Haakenson), he forwarded it to the City's Prosecuting Attorney, who forwarded it to an independent prosecutor James Zachor who works for Mountlake Terrace. As there were some irregularities in the report from Mr. Zachor, Mayor Haakenson advised he forwarded the complaint to the Snohomish County Prosecutor's Office. Mayor Haakenson read a report into the record from Mark Roe, Chief Criminal Deputy Prosecutor with the Snohomish County Prosecutor's Office, dated February 3, 2003: "I have reviewed the materials referred to my office regarding Councilman Plunkett. As I understand it, Mr. Tupper's complaints are: 1. On December 3, 2002, Mr. Plunkett sat on a rezone hearing that would affect a campaign contributor, and erroneously identified the campaign on which the subject (Mr. Michel) contributed $300. My determination is that no judge or jury would find this to be, beyond a reasonable doubt, a knowing and criminal violation of disclosure laws. The whole idea of disclosing when someone has contributed is so folks know that the contributor has helpedyou out; therefore, the relationship needs to be disclosed. The relationship was disclosed and Mr. Plunkett merely identified the wrong campaign. I don't find this to be an attempt at deception and seriously doubt any juror or judge would either. Edmonds City Council Approved Minutes February 4, 2003 Page 3 2. On October 16, 2002, Mr. Plunkett sat on a rezone hearing that also involved Mr. Michel and didn't disclose that fact at the meeting. It appears Mr. Plunkett did ask the city attorney about whether public disclosure records fulfilled his obligation and he was told yes. Mr. Plunkett relied on that answer and the meeting went on. No judge or jury would find that to be a knowing violation since council members can be expected to rely on city attorney's legal advice. Proving criminal charges requires proof beyond a reasonable doubt, not merely a suspicion of wrong doing. Frankly, I can't even muster up any suspicion in this matter. It appears that Mr. Plunkett (whom I have never heard of and /or met) complied in spirit, and I don't see much evidence to the contrary that would justify criticizing his actions. If Mr. Tupper disagrees and can find a lawyer who thinks the case is provable under a civil standard, he can consider going that route. However, from my review, I don't think that Mr. Plunkett even committed a crime, much less one that can be proven. " 7. COUNCIL COMMENTS Council Council President Earling announced the Council retreat will be held on Friday and Saturday, February 7 Retreat on and 8 in the Brackett Room of City Hall; 10:00 a.m. — 5:30 p.m. on Friday and 9:00 a.m. — 3:00 p.m. on Feb. 7 & 8 Saturday. Council President Earling also announced that John Wilkins, Director of Olympic Ballet, passed away. Director of Olympic He commented Mr. Wilkins had been a leader in the arts community and well respected in the Ballet community as well as the region. He advised a celebration of Mr. Wilkins' life would be held on March 16. If any additional services were planned, Council President Earling advised that information would be made available to the public. Councilmember Petso recalled working with Mr. Wilkins on the Lodging Tax Advisory Committee, commenting he was an awesome individual who would be missed. Executive g' EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER Session At 7:20 p.m., Mayor Haakenson recessed the Council to a 45 minute Executive Session regarding a real estate matter. He advised no action would be taken following the Executive Session and the Council would adjourn immediately following its conclusion. GAAY NSON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes February 4, 2003 Page 4 i iJ FEBRUARY 4, 2003 7:00 P.M. - Call to Order Flag Salute 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (13) Approval of City Council Meeting Minutes of January 28, 2003 (C) Approval of claim checks #60611 through #60738 for the week of January 27, 2003, in the amount of $223,756.49. (D) Report on the General Fund and other selected funds financial position for the period ended December 31, 2002. (E) Authorization to purchase from the Washington State Contract one (1) 2003 Ford flatbed truck for the Street Division. (F) Proclamation in honor of Reading in Edmonds Month, February 2003. 3. (15 Min.) Edmonds Public Facilities District - Grant of Right of First Refusal and Contingent Approval of Sale related to purchase offers on the Edmonds Center for the Arts Anchor House and Libraries properties. 4. Audience Comments (3 Minute Limit Per Person) 5. ( 5 Min.) Report on the Community Services /Development Services Committee meeting held on January 28, 2003. 6. ( 5 Min.) Mayor's Comments 7. (15 Min.) Council Comments 8. (45 Min.) Executive Session regarding a real estate matter. 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.