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)
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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
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'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.
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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.
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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.