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03/06/1996 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES MARCH 6, 1996 The Edmonds City Council meeting was called to order by Mayor Fahey at 7:00 p.m. in the Library Plaza Room, 650 Main Street, Edmonds, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor . Dave Earling, Council President Tom Petruzzi, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember (7:30 p.m.) Jim White, Councilmember Gary Haakenson, Councilmember ABSENT Dick Van Hollebeke, Councilmember ALSO PRESENT Nick Zitzmann 1. APPROVAL OF AGEND STAFF PRESENT Paul Mar, Community Services Director Art Housler, Administrative Services Director James Walker, City Engineer Greg Wean, Assistant Police Chief Gordy Hyde, Engineering Coordinator Scott Snyder, City Attorney Sandy Chase, City Clerk Stephanie Goings, Recorder COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMENWER PETRUZZI, FOR APPROVAL OF THE AGENDA. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Council President Earling pulled Item E. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, FOR PASSAGE OF THE REMAINDER OF THE CONSENT AGENDA ITEMS. MOTION CARRIED. The agenda items passed are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF FEBRUARY 27,1996 A 1141 (C) APPROVAL OF CLAIM WARRANTS #3310S THRU #7860F FOR THE WEEK OF wA0tAArj'r FEBRUARY 26,1996 IN THE AMOUNT OF $189,465.21 e (D) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR KONICA 7050 COPIER .0figit-o'etir A906 FOR THE COMMUNITY SERVICES DEPARTMENT Edmonds City Council Approved Minutes March 6, 1996 Page I I I V 06f-A 0 6 (F) REPORT AND RECOMMENDATION REGARDING GENERAL BANKING SERVICES 6' d Jkl It'66 BIDS Council President Earling pulled Item E to request that on March 19 the Council receive an update from staff on the issue of dogs in the parks and on public grounds. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMEBER PETRUZZI, Iblo jl�' FOR APPROVAL OF ITEM E. MOTION CARRIED. The item approved is as follows: Do, go 66 (E) ORDINANCE NO. 3073 AMENDING ORDINANCE NO. 3033 RELATING TO DOGS ON Do jC' D5 PUBLIC GROUNDS 3. AUDIENCE Al Rutledge, 7101 Lake Ballinger Way, Edmonds, expressed his concerns about the Edmonds School District bond issue and his hopes that the money would be spent wisely. Mr. Rutledge went on to say that he was still concerned about adult entertainment on TV (HBO & SHOWTIME) urging the Council to do something to get theses channels off the air, and that even though President Clinton has passed a control system for TV it would take another year before it was in use. He next discussed the issue of Aurora Village businesses drawing people away from the downtown. He also stated his concerns regarding law enforcement and use of force. Mayor Fahey informed Mr. Rutledge that the City does not have the right to tell the Chambers Cable what they can or can not show. 4. HEARING ON SU' MONTH REENACTMENT OF EDMONDS INTERIM CRITICAL AREA ORDINANCE, AN 3RDINANCE REQUIRED BY THE WASHINGTON STATE GROWTH MANAGEMENT AC7 AND DE31GNED TO PROTECT ENVIRONMENTALLY SENSITIVE AREAS SUCH AS WILDLIFE HABITAT. WETLANDS, STEEP SLOPES. AQUIFER RECHARGE I gO AREAS AND GEOL&GICAL HAZARDS FROM PROPERTY DEVELOPMENT City Attorney Scott Snyder, explained that the purpose of the hearing tonight was to meet a State requirement of adopting an interim critical ordinance for only six months and that Cities hold a hearing on those interim measures every six months, until a final ordinance can go through the Planning Board and the Council. Mayor Fahey opened the hearing to the public and asked if anyone wished to speak to this issue. There was no audience participation. Scott Snyder, City Attorney, suggested that the reason there was no public comment was due to the fact that the City had gone through an extensive process period two years ago with consultants and studies and public comment at that time. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR PASSAGE OF ORDINANCE #3074 - A SIX MONTH REENACTMENT OF THE EDMONDS INTERIM CRITICAL AREAS ORDINANCE, AN ORDINANCE REQUIRED BY THE 0 F--' , 4-:11' tilt WASHINGTON ST.ATE GROWTH MANAGEMENT ACT AND DESIGNED TO PROTECT f ICA ENVIRONMENTALLY SENSITIVE AREAS SUCH AS WILDLIFE HABITAT, WETLANDS, 0#5 dro STEEP SLOPES, AQUIFER RECHARGE AREAS AND GEOLOGICAL HAZARDS FROM PROPERTY DEVELOPMENT. MOTION CARRIED. Edmonds City Council Approved Minutes March 6,1996 Page 2 5. HEARING TO CONSIDER THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT PURSUANT TO THE RESOLUTION METHOD FOR THE PURPOSE OF MAKING STORM SEWER AND ROADWAY IMPROVEMENTS BY EXPANDING THE BOUNDARIES OF LID 214 FORMED TO CONSTRUCT STORM SEWER AND ROADWAY IMPROVEMENTS TO THE (1140 AREA BOUNDED BY 204TH STREET SW, 86TH PLACE WEST, MAIN STREET AND to MAPLEWOOD DRIVE COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMIEMBER PETRUZZI, TO ACCEPT THE TESTIMONY FROM MR. WALKER AND ANY OTHER CITIZENS PRESENT REGARDING LID #214, AND CONTINUE THE HEARING TO APRIL 2 TO ALLOW FOR FURTHER TESTIMONY FROM CITIZENS NOT ABLE TO ATTEND THIS EVENING. Discussion followed indicating that this motion may be premature. A letter had been received requesting that the hearing on the final assessment roll for LID #214 be continued as the citizens were not able to attend tonight's meeting. It was pointed out the hearing at this time is concerning expanding the boundaries of LID #214. THE MOTION WAS WITHDRAWN. Jim Walker, City Engineer, stated that after LID #214 was formed there was an additional property owner that did not front the roadway but was interested in having the ability to access the roadway. That property owner approached the City to be added to the LID. A resolution to expand the boundaries of LID #214 was adopted on February 6, 1996. Council President Earling, asked if this property was a single-family building site. Jim Walker stated that there was one house currently on the property as well as additional property that could be developed that fronts along Maplewood and the property slopes doWnhill towards 88th. It was Mr. Walker's understanding that this property would be developed in conjunction with a property owner on 88th and that they would take access from 88th, not Maplewood. Councilmember Nordquist requested a map or drawing of the area. Mr. Walker stated that Exhibit C in the second packet concerning LID 214 was intended for this packet and asked that it be entered into evidence for this hearing. Mayor Fahey opened the public portion of the hearing. Scott Mayhew, 20421 88th W, Edmonds, stated that the property in question had always been intended to be included in the LID and that the owner had participated in all of the planning meetings. Mayor Fahey asked if there was anyone else who wished to comment. Hearing none she closed the public portion of the hearing and remanded the matter to Council. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMIEMBER NORDQUIST, TO ADOPT ORDINANCE NO. 3072 ORDERING THE IMPROVEMENT OF CERTAIN PROPERTY; ESTABLISHING AN EXPANDED LOCAL IMPROVEMENT DISTRICT NO. 214 Al FOR STORM SEWER AND ROADWAY IMPROVEMENTS, AND ORDERING THE CARRYING Va,40 I q OUT OF THE PROPOSED IMPROVEMENT; PROVIDING THAT PAYMENT OF THE COSTS OF THE IMPROVEMENT BE MADE BY SPECIAL ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, PAYABLE THROUGH ISSUANCE OF LOCAL IMPROVEMENT DISTRICT BONDS; AND PROVIDING FOR THE ISSUANCE AND SALE OF LOCAL IMPROVEMENT Edmonds City Council Approved Minutes March 6, 1996 Page 3 DISTRICT WARRANTS OR OTHER SHORT TERM OBLIGATIONS REDEEMABLE IN CASH AND LOCAL IMPROVEMENT DISTRICT BONDS. MOTION CARRIED. .214 6. HEARING ON THE FINAL ASSESSMENT ROLL FOR STORM SEWER AND ROADWAY ID �, MROVEMENTS TO THE AREA BOUNDED BY 204TH STREET SW. 86TH PLACE WEST. F10 0-r MAIN STREET AND MAPLEWOOD DRIVE (LID #214) it356�0 Jim Walker, City Engineer, stated that this hearing was to confirm the assessment roll for LID #214. Mr. Walker acknowledged that the property owners brought this forward to the City to improve roadway, sewer and drainage that were necessary to allow properties in the area to be developed. After completion of the project some property owners objected to their assessment and an appraisal was done to determine the assessed value of the improvements to those properties. This resulted in their assessment being lowered and thus other property owners' assessments being raised. Scott Snyder, City Attorney, asked City Clerk Sandy Chase if the original meeting was set for March 4. Ms. Chase stated that was correct. Mr. Snyder asked why the meeting was moved to Wednesday evening. Ms. Chase stated that the Council made a motion at the meeting of February 27 to move the meeting to March 6 due to anticipated lack of quorum on March 4, and that there was a lack of quorum on March 4. Ms. Chase acknowledged that notices had been posted at the entrance to the Library, as well as the Post Office and Public Safety Building that the Hearing would be continued to March 6. Mayor Fahey asked if any of the Councilmembers had anything they wished to declare in accordance with Appearance of Fairness Doctrine. Councilmember Haakenson stated that he knew Robert Hoffman, a participant in LID 214, very well. Mayor Fahey asked if anyone objected to Councilmember Haakenson participating in the hearing. No one stated an objection. City Attorney Scott Snyder acknowledged that in a small town it would be hard to hold a hearing without someone knowing someone, and as.long as there was no close blood relation -coupled with a financial.tie, knowing a participant would not bar a Councilmember from participating. Councilmember Myers arrived at the meeting at 7:30 p.m.. Scott Snyder'. City Attorney, stated that if the Council was to make a decision at this time Councilmember My ers wouldn't be allowed to participate, but if the hearing was continued to a later date then Councilmember Myers could listen to the tapes of tonight and participate then. Councilmember White stated that he lives across the street from the LID site but has no other knowledge or relation to it. Scott Snyder, City Attorney, stated for the record that the boundaries were originally set at a time when Mr. White was not on the Council and he has no property involved with the LID. Mayor Fahey then opened up the audience portion of the hearing. Robert Hoffman, 2525 186th Pl., Bothell, stated that he felt the only improvement that his property received was the storm improvements; the access, utilities, sewer and water were already available to his property. Mr. Hoffinan stated that he -felt his property fell in the same category as the other properties that had their assessment lowered. Mr. Hoffman also addressed the issue of the property he dedicated to 88th Avenue. Councilmember Petruzzi inquired if Mr. Hoffman had an appraisal done. Mr. Hoffman stated that due to the lack of time a formal appraisal had not been done, but an appraiser had been out to look at his property and had stated that he felt the small amount of paved roadway did not add to the value of his property. Councilmember Petruzzi asked Mr. Walker if he had had time to review Mr. Hoffman's Edmonds City Council Approved Minutes March 6,1996 Page 4 appraisal. Mr. Walker stated that the appraiser used general words and did not state a specific value, and suggested that the City may'want to have the appraiser that looked at the other properties look at Mr. Hoffman's property as well. Scott Snyder, City Attorney, stated that the City has the burden of proving that the properties have been benefited by the improvements by an amount equal to or greater than the assessment. Councilmember Petruzzi suggested Mr. Walker have an appraisal done on Mr. Hoffman's property by the same appraiser that did the other appraisals for the City and to provide Mr. Hoffman with that information. Mayor Fahey asked if there was anyone else that wished to give testimony. Hearing none the hearing was closed and remanded back to the Council. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER PETRUZZI TO CONTINUE THE HEARING TO THE APRIL 2,1996 COUNCIL MEETING. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO AMEND THE MOTION TO ALLOW THE TESTIMONY OF MARGARET DOYLE, CHERYL KING, ROBERT HOFFMAN, AND STAFF FOR REBUTTAL. MOTION CARRIED, WITH COUNCILMEMBER MYERS ABSTAINING. 4140 e 'Vo ORIGINAL MOTION TO CONTINUE HEARING TO APRIL 2, 1996 WAS VOTED ON. MOTION CARRIED WITH COUNCILMEMBER MYERS ABSTAINING. Councilmember White pointed out the title to the ordinance needs to be corrected before it is brought back on April 2. The street name "Maple" should read "Maplewood". 7. PROPOSED RESOLUTION SUPPORTING THE IMPLEMENTATION OF A COUNTY -WIDE PUBLIC SAFETY COMMUNICATIONS SYSTE Mayor Fahey asked the -Council to consider this new resolution endorsing a county -wide bond issue for the 800 MHz Public Safety Communication System. Councilmember Petruzzi stated that he had been on the Sno-Com Board for over a year and he has consistently endorsed this 800 MHz system. #59 COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, TO 111t, y PASS RESOLUTION NO. 839 SUPPORTING THE IMPLEMENTATION OF A COUNTYWIDE P0 (Irr tfo� PUBLIC SAFETY COMMUNICATIONS SYSTEM (800 MHz). MOTION CARRIED. jot qle, 01A OA 603y3f Mayor Fahey read a portion of the resolution into the record. "Now, therefore, Mayor Barbara S. Fahey and the Edmonds City Council wish to convey to the citizens of Edmonds and Snohomish County that they enthusiastically endorse the passage of Proposition No. 1 on the March 26, 1996, ballot." Mayor Fahey stated that the yellow and black sign that says "Save a Life, Vote for Proposition No. I" were referring to the 800 MHz system, and she encouraged voters to take the appropriate action. Mayor Fahey asked if there was anyone in the audience who wished to speak for or against Proposition No. 1. Hearing no one, Mayor Fahey declared the opportunity for audience participation closed. 8. MAYOR Mayor Fahey brought to the attention of the Council that the March 26 Council meeting date was also the day of the Presidential primary election. I Edmonds City Council Approved Minutes March 6, 1996 Page 5 tj 15 tILo COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO MOVE THE MEETING TO MARCH 25. MOTION CARRIED. Mayor Fahey informed the Council that this week was the 40th Anniversary of the Sister City Program. She noted the Edmonds Sister City Commission will be hosting the 1996 Washington State Sister City Conference at Edmonds Community College this Saturday, March 9, 1996. She then read into the record tog/ a proclamation proclaiming Saturday, March 9, 1996 as Sister Cities Day in Edmonds and asked all f,165 citizens to recognize the beneficial link Sister Cities create in our global community through the lasting e. 1 friendships they establish with other cities and nations. P,#Y Mayor Fahey brought to Council's attention the letter in the packets from the Washington State Ferry System where they more clearly state their position regarding the ferry dock. r1cc 6 - If510'/J Mayor Fahey then announced that she was leaving Thursday morning to attend the National League of Cities Conference in Washington, DC and would be gone until the morning of March 13. 8. COUNCIL Council President Earling called the Council's attention to the Draft Minutes of the Council Retreat to be read and any corrections should be submitted to the Council Assistant. Student Representative Nick Zitzmannz informed the Council that he may not be able to attend the meeting on the March 25 due to obligations at school that week. He also addressed Mr. Rutledge's comments regarding lack of books in schools. He explained that at Edmonds-Woodway High School a lot of the books they used in the past have been replaced by technology; CDs, Macs, WorldWideWeb. Councilmember Myers reported that Emily Shen, former Student Representative, was selected as one of three scholars that are called Washington Scholars, which means she is qualified for full tuition at any school in the state that she would like to attend. Mr. Myers also referred to the February 27 Council minutes pointing out that an Ordinance No. needs to be inserted on page 2, along with the name of the Councilmember who seconded the motion for the passage of that ordinance. City Clerk Chase stated she would listen to the meeting tape to include the correct name. Councilmember Nordquist referred to Planning Board minutes where there appears to be some uncertainty on the part ' of the Planning Board as to when to meet with the Council; annually or bi- annually. Mr. Nordquist next asked Mr. Mar what the large auger on the ferry dock was for. Mr. Mar stated that he would check with the Ferry Department and get back to Mr. Nordquist. Councilmember Haakenson stated that the Salary Review Committee met last Friday and discussed the Classification and Compensation Study on the Health District, which was provided by Councilmember Nordquist. They will meet again this Friday and have a presentation from the Deputy Administrator for the Health District. The Council adjourned to an Executive Session on a legal matter at 8:07 p.m. to adjourn directly from there. BARBARA S. FAHEY, MAYOR 40�4� 14444elge C21/ Z44-441 SANDRA S. CHASE CITY CLERK EdrnoA City Council Approved Minutes March 6, 1996 Page 6 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 - 10:00 p.m. MARCH 6,1996 SPECIAL WEDNESDAY MEETIN CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF FEBRUARY 27,1996 (C) APPROVAL OF CLAIM WARRANTS #3310S THRU #7860F FOR THE WEEK OF FEBRUARY 26,1996 IN THE AMOUNT OF $189,465.21 (D) AUTHORIZATION FOR MAYOR TO SIGN RENTAL AGREEMENT FOR KONICA 7050 COPIER FOR THE COMMUNITY SERVICES DEPARTMENT (E) PROPOSED ORDINANCE AMENDING ORDINANCE #3033 RELATING TO DOGS ON PUBLIC GROUNDS (F) REPORT AND RECOMMENDATION REGARDING GENERAL BANKING SERVICE BIDS 3. AUDIENCE (3 minute limit per person) 1 4. (10 Min.) HEARING ON SIX MONTH REENACTMENT OF EDMONDS INTERIM CRITICAL AREAS ORDINANCE, AN ORDINANCE REQUIRED BY THE WASHINGTON STATE GROWTH MANAGEMENT ACT AND DESIGNED TO PROTECT ENVIRONMENTALLY SENSITIVE AREAS SUCH AS WILDLIFE HABITAT , WETLANDS, STEEP SLOPES, AQUIFER RECHARGE AREAS AND GEOLOGICAL HAZARDS FROM PROPERTY DEVELOPMENT 5. (15 Min.) HEARING TO CONSIDER THE FORMATION OF A LOCAL IMPROVEMENT DISTRICT PURSUANT TO THE RESOLUTION METHOD FOR THE PURPOSE OF MAKING STORM SEWER AND ROADWAY IMPROVEMENTS BY EXPANDING THE BOUNDARIES OF LID 214 FORMED TO CONSTRUCT STORM SEWER AND ROADWAY IMPROVEMENTS TO THE AREA BOUNDED BY 204TH STREET SW; 86TH PLACE WEST; MAIN STREET AND MAPLEWOOD DRIVE 6. (45 Min.) HEARING ON THE FINAL ASSESSMENT ROLL FOR STORM SEWER AND ROADWAY IMPROVEMENTS TO THE AREA BOUNDED BY 204TH STREET SW, 86TH PLACE WEST, MAIN STREET AND MAPLEWOOD DRIVE (LID #214) 7. (5 Min.) PROPOSED RESOLUTION SUPPORTING THE IMPLEMENTATION OF A COUNTY -WIDE PUBLIC SAFETY COMMUNICATIONS SYSTEM 8. (5 Min.) MAYOR 9. (15 Min.) COUNCIL 10. (45Min.) EXECUTIVE SESSION CONCERNING A LEGAL MATTER Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following Wednesday. Fridav and Mondav at noon on Channel 32.