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01/20/2009 City CouncilJanuary 20, 2009 The Edmonds City Council meeting was called to order at 7:00 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 D. J. Wilson, Council President Michael Plunkett, Councilmember Peggy Pritchard Olson, Councilmember Steve Bernheim, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember Strom Peterson, Councilmember (seated at 9:00 p.m.) ALSO PRESENT Grace Guenther, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Al Compaan, Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services /Economic Development Director Noel Miller, Public Works Director Debi Humann, Human Resources Director Doug Fair, Municipal Court Judge Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 6, 2009. C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 13, 2009. D. APPROVAL OF CLAIM CHECKS #109042 THROUGH #109206 FOR JANUARY 8, 2009 IN THE AMOUNT OF $409,065.73, AND #109207 THROUGH #109395 FOR JANUARY 15, 2009 FOR $671,712.02. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #47711 THROUGH #47749 FOR THE PERIOD DECEMBER 16 THROUGH DECEMBER 31, 2008 IN THE AMOUNT OF $837,095.24, AND #47750 THROUGH #47803 FOR THE PERIOD JANUARY 1 THROUGH JANUARY 15, 2009 FOR $842,644.82. E. ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM HERMAN VAN DEURSEN ($1,009.94). Edmonds City Council Approved Minutes January 20, 2009 Page 1 F. AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH BROWN & CALDWELL FOR DESIGNING THE ODOR CONTROL IMPROVEMENT PROJECT AT THE WASTEWATER TREATMENT PLANT FOR AN AMOUNT NOT -TO- EXCEED $294,217. G. AUTHORIZATION TO AWARD BRAUN NORTHWEST THE BID FOR THE PURCHASE OF TWO (2) 2009 NORTH STAR 167 -3 AID CARS IN THE TOTAL AMOUNT OF $288,258.30, INCLUDING WASHINGTON STATE SALES TAX. H. AUTHORIZATION FOR THE MAYOR TO SIGN AN INTERLOCAL AGREEMENT BETWEEN THE CITY OF LYNNWOOD AND THE CITY OF EDMONDS FOR JOINT FUNDING OF THE RECYCLING COORDINATOR. I. REPORT ON FINAL CONSTRUCTION COSTS FOR THE FRANCES ANDERSON CENTER SEISMIC STRUCTURAL RETROFIT PROJECT AND COUNCIL ACCEPTANCE OF PROJECT. J. MEBT PLAN RESTATEMENT CLARIFICATION. K. AUTHORIZATION FOR THE MAYOR TO SIGN AN ADDENDUM TO THE REAL ESTATE PURCHASE AND SALE AGREEMENT FOR THE COURTYARD AT OLD MILLTOWN. 3. APPROVAL OF RULES FOR THE NOMINATION /ELECTION PROCESS TO FILL VACANT CITY COUNCIL POSITION #2. Council President Wilson commented on behalf of the Council, he was very impressed with the 20 applicants and the 17 people the Council interviewed. He noted the President's inauguration speech focused on a call to service, community and civic responsibility and the role of individuals in making democracy effective. He encouraged the candidates to remain involved whether with volunteer projects or running for office in the future. He relayed Seahawk's Coach Mike Holmgren's comment that a football season could not be measured on whether the team won or lost the Superbowl; because only one team won the Superbowl, everyone else did not by definition fail. He summarized although only one candidate would be selected tonight, the others who went through the process were by no means failures. Council President Wilson commented the Council interviews were not taped. In response to inquiries, the applications were now available online as part of tonight's agenda packet. Council President Wilson explained in the proposed rules /guidelines, if the Council voted the same way on three consecutive ballots, a deadlock was declared and nominations were reopened. Councilmembers could also at any time make a motion to reopen nominations. Although the guidelines did not address Council comment, it was his understanding in previous Council vacancy selections there have been comments by Council. He suggested after nominations were made, each Councilmember speak to their nominee. He described the process for nominating candidates and voting; Councilmembers will identify their nominee on the nomination form and City Clerk Sandy Chase will collect and read the nomination forms aloud. He suggested the Council could then have a dialogue regarding the nominees and vote on the nominated candidates. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADOPT THE PROPOSED REVISED RULES FOR ELECTION TO FILL COUNCIL VACANCY. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 20, 2009 Page 2 Council President Wilson explained the only change in the revised rules was a deadlock would be declared after each Councilmember voted the same way on three consecutive ballots rather than the previous process that required nominations be reopened following five consecutive ballots. 4. APPOINTMENT TO FILL CITY COUNCIL VACANCY City Clerk Sandy Chase distributed the first nomination ballot to Councilmembers. Those nominated were: Strom Peterson (Councilmembers Olson and Wambolt and Council President Wilson), Adrienne Fraley- Monillas (Councilmember Plunkett), Diane Buckshnis (Councilmember Orvis), and Richard Senderoff (Councilmember Bemheim). Vote No. 1 was taken. The results were: three votes for Adrienne Fraley- Monillas (Councilmembers Bernheim, Orvis and Plunkett) and three votes for Strom Peterson (Council President Wilson and Councilmembers Wambolt and Olson). Vote No. 2 was taken. The results were: three votes for Strom Peterson (Councilmembers Olson and Wambolt and Council President Wilson) and three votes for Adrienne Fraley- Monillas (Councilmembers Plunkett, Bernheim and Orvis). Councilmember Wambolt commented all the candidates were good, some had excellent educational backgrounds, others had great experience, some were very enthusiastic about doing the job and some had all those characteristics. In his view the Council and City needed someone who could quickly assist with revenue generation and for that reason he determined Strom Peterson was the best candidate. Mr. Peterson could help reinvigorate the business community which would lead to more sales tax revenue, a necessity because the Council could not continue to raise property taxes to cover City services. In his opinion, Mr. Peterson offered the best opportunity for results in a short amount of time and he urged Councilmembers to reconsider their votes. Councilmember Bemheim commented the rough and tumble selection process at the Council level was miniscule compared to the election process in November. He relayed one of his concerns was that Mr. Peterson had been narrowly defeated in two elections and his duty to the electoral majority outweighed his duty to the constituent interest group that Mr. Peterson clearly represents, the downtown merchants, many of whom contacted the Council to encourage his selection. He did not feel it appropriate at this time to appoint a person selected by a special interest group and a person who had twice unsuccessfully run for the position. He welcomed the business community to put forth a candidate for the November election and if that candidate won a majority, he would welcome him /her onto the Council. Councilmember Bernheim pointed out Mr. Peterson received $1,000 from the investors in the Antique Mall property, $500 from the managing general partner and $500 from the wife of the managing general partner. Although public disclosure of these contributions did not indicate corruption or "bought out attitudes," it was indicative of who those people wanted to have elected. Councilmember Bernheim referred to remarks made by the candidates during their interviews, recalling Richard Senderoff's comment that the cause of the downtown businesses' economic malaise was the belief that the rules could be changed at any time and property owners were waiting to redevelop in anticipation of changes that would allow them to develop their properties in a bigger way. Councilmember Bernheim commented the reason the Antique Mall site had not redeveloped was because the owner was hopeful the zoning would be liberalized to allow a much larger project. He noted the same was true for the BDI zone downtown. He agreed with Mr. Senderoff that the Council should make it clear the rules that were in place would not be changed. He referred to a comment by Richard Thorpe regarding the Council's lack of vision, noting he (Councilmember Bernheim) had sent vision statements Edmonds City Council Approved Minutes January 20, 2009 Page 3 to the Chamber of Commerce and awaited their response. He summarized the candidate selected should have vision, independence, and analytical ability. Councilmember Wambolt commented with regard to the BDl zone, there was no chance it would be rezoned for higher heights as neither he nor other Councilmembers would support increased heights. He questioned whether it was a negative if a person joined the Council who supported changes that would allow undeveloped properties to be developed, commenting that was a positive to him. He pointed out if there had been an opportunity to profitably redevelop the Antique Mall property, it likely would have been redeveloped by now. He summarized it was impossible to profitably redevelop that property under the current 25 -foot height limit. He welcomed a Councilmember who could assist the Council with changes that would allow properties outside the BD 1 zone to be developed. Vote No. 3 was taken. The results were: one vote for Diane Buckshnis (Councilmember Orvis), two votes for Adrienne Fraley - Monillas (Councilmembers Plunkett and Bernheim), and three votes for Strom Peterson (Councilmembers Wambolt and Olson and Council President Wilson). City Attorney Scott Snyder reminded the public that an action of the Council required a vote of four of its members. Vote No. 4 was taken. The results were: three votes for Strom Peterson (Council President Wilson and Councilmembers Olson and Wambolt), one vote for Adrienne Fraley - Monillas (Councilmember Plunkett), and two votes for Diane Buckshnis (Councilmembers Orvis and Bembeim). Council President Wilson explained the most important things a person needed for a Council position or any elected position were the ability to listen, a sincere work ethic, and the ability to prioritize the Council's work above other important priorities such as family and work and he felt Strom Peterson excelled in all three areas. He recognized the level of commitment demonstrated by Mr. Peterson and several others by running for office in the past, noting Mr. Peterson's running for Council twice illustrated he was willing to make the necessary sacrifices. Council President Wilson recognized Mr. Peterson's other civic qualifications included President of the Downtown Edmonds Merchants Association. He noted rather than a special interest group, the Downtown Edmonds Merchants Association was an Edmonds community interest due to importance of the downtown merchants to the culture of the community. And it was not building heights downtown but rather the businesses and residents who made the community special. Mr. Peterson is also involved in the Chamber and the Rotary, and is an active supporter of the arts particularly the Edmonds Center for the Arts. Vote No. 5 was taken. The results were: two votes for Adrienne Fraley - Monillas (Councilmember Orvis and Plunkett), three votes for Strom Peterson (Councilmembers Wambolt and Olson and Council President Wilson), and one vote for Richard Senderoff (Councilmember Bernheim). Councilmember Bernheim commented the positives and negatives were equally important in this decision. He pointed out Diane Buckshnis had an extensive record of analytical audit abilities, had done a great deal of work in bank examinations and was familiar with financial statements as well as being very active in enhancing the City's parks including creating the waterfront dog park. He noted Richard Senderoff was a highly accomplished scientist able to master the difficulties the Council faces. He noted neither Mr. Senderoff nor Ms. Buckshnis had an extensive constituency. He preferred the election of Strom Peterson be done by the people of the City as a democratic principle. He disagreed that Mr. Peterson should be appointed because he had unsuccessfully run for election twice in the past, particularly when he had accepted a large amount of money from a single business interest that was crucial to the Edmonds City Council Approved Minutes January 20, 2009 Page 4 City's future and when he admittedly represented the downtown merchants. He looked forward to an election where the merchants' point of view was presented to the people but he preferred the Council select a more "middle -of -the- road" member. Councilmember Wambolt clarified four years ago Mr. Peterson did not survive the primary, running against Lora Petso and Councilmember Plunkett, formidable competition. When Mr. Peterson ran again two years ago, he lost by 136 votes to Councilmember Orvis. He disagreed with forming a negative opinion regarding a candidate who had unsuccessfully run for office in the past. He also pointed out many Councilmembers received campaign contributions and he had yet to see a campaign contribution influence a Councilmember's decision. Recalling Councilmember Wambolt's vocal criticism of Strom Peterson in the last election, Council President Wilson asked what had changed his mind. Councilmember Wambolt responded he supported Councilmember Orvis in that election. One of the reasons he supported the appointment of Mr. Peterson was the timing; the Council needed someone who understood the challenges facing the business community and could work with them to improve sales tax collection. Vote No. 6 was taken. The results were: two votes for Diane Buckshnis (Councilmembers Bernheim and Orvis), one vote for Adrienne Fraley - Monillas (Councilmember Plunkett), and three votes for Strom. Peterson (Council President Wilson and Councilmembers Olson and Wambolt). Vote No. 7 was taken. The results were: one vote for Diane Buckshnis (Councilmember Orvis), two votes for Adrienne Fraley - Monillas (Councilmembers Bernheim and Plunkett), and three votes for Strom Peterson (Councilmembers Olson and Wambolt and Council President Wilson). Councilmember Bembeim explained the RCW requires the Council appoint a qualified person. As there were many qualified candidates, he was excited about the possibility of considering other qualified candidates. Vote No. 8 was taken. The results were: one vote for Diane Buckshnis (Councilmember Orvis), two votes for Adrienne Fraley - Monillas (Councilmembers Plunkett and Bemheim) and three votes for Strom Peterson (Councilmembers Wambolt and Olson and Council President Wilson). Vote No. 9 was taken. The results were: one vote for Diane Buckshnis (Councilmember Orvis), two votes for Adrienne Fraley - Monillas (Councilmembers Bernheim and Plunkett) and three votes for Strom Peterson (Councilmembers Olson and Wambolt and Council President Wilson). The Council vote reached a deadlock (each Councilmember voted the same way on three consecutive ballots). Ms. Chase distributed the second nomination ballot to Councilmembers. Those nominated were: Stephen Schroeder (Councilmember Olson), Adrienne Fraley - Monillas (Councilmembers Plunkett and Orvis), Strom Peterson (Councilmember Wambolt and Council President Wilson), and Diane Buckshnis (Councilmember Bernheim). Vote No. 1 was taken. The results were: two votes for Adrienne Fraley- Monillas (Councilmembers Orvis and Plunkett), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt), and two votes for Stephen Schroeder (Councilmembers Olson and Bernheim). Councilmember Bernheim commented he supported Stephen Schroeder because he was a lawyer, noting the City had its share of legal issues and replacing Deanna Dawson with an equally able and shrewd lawyer would assist the Council in their deliberations. Mr. Schroeder was also an independent person, a Edmonds City Council Approved Minutes January 20, 2009 Page 5 career prosecutor with many accomplished successful prosecutions and a long time resident of Edmonds with no particular axe to grind. Vote No. 2 was taken. The results were: two votes for Stephen Schroeder (Councilmembers Bernheim and Olson), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson), one vote for Diane Buckshnis (Councilmember Orvis) and one vote for Adrienne Fraley - Monillas (Councilmember Plunkett). Vote No. 3 was taken. The results were: two votes for Adrienne Fraley- Monillas (Councilmembers Plunkett and Orvis), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt), and two votes for Stephen Schroeder (Councilmembers Olson and Bernheim). Vote No. 4 was taken. The results were: two votes for Adrienne Fraley - Monillas (Councilmembers Orvis and Plunkett), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson), and two votes for Stephen Schroeder (Councilmembers Bernheim and Olson). Vote No. 5 was taken. The results were: two votes for Adrienne Fraley - Monillas (Councilmembers Plunkett and Orvis), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson), and two votes for Stephen Schroeder (Councilmembers Bernheim and Olson). The Council vote reached a deadlock (each Councilmember voted the same way on three consecutive ballots). Ms. Chase distributed the third nomination ballot to Councilmembers. Those nominated were: Diane Buckshnis (Councilmember Orvis), Strom Peterson (Council President Wilson and Councilmember Wambolt), Adrienne Fraley - Monillas (Councilmember Plunkett), and Stephen Schroeder (Councilmembers Olson and Bernheim). Vote No. 1 was taken. The results were: two votes for Diane Buckshnis (Councilmembers Bernheim and Orvis), one vote for Adrienne Fraley - Monillas (Councilmember Plunkett), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt), and one vote for Stephen. Schroeder (Councilmember Olson). Vote No. 2 was taken. The results were: one vote for Diane Buckshnis (Councilmember Orvis), one vote for Adrienne Fraley - Monillas (Councilmember Plunkett), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson) and two votes for Stephen Schroeder (Councilmembers Bernheim and Olson). Council President Wilson explained four votes were required to appoint a candidate. If the Council was unable to reach four votes, in 90 days from the day the position became vacant, the Snohomish County Council would select a candidate. Councilmember Bernheim explained the person who won the November election for this position would take office immediately following certification of the election. Vote No. 3 was taken. The results were: one vote for Diane Buckshnis (Councilmember Orvis), one vote for Adrienne Fraley - Monillas (Councilmember Plunkett), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt) and two votes for Stephen Schroeder (Councilmembers Olson and Bernheim). Vote No. 4 was taken. The results were: one vote for Diane Buckshnis (Councilmember Orvis), one vote for Adrienne Fraley - Monillas (Councilmember Plunkett), two votes for Strom Peterson (Councilmember Edmonds City Council Approved Minutes January 20, 2009 Page 6 Wambolt and Council President Wilson) and two votes for Stephen Schroeder (Councilmembers Bernheim and Olson). The Council vote reached a deadlock (each Councilmember voted the same way on three consecutive ballots). Ms. Chase distributed the fourth nomination ballot to Councilmembers. Those nominated were: Stephen Schroeder (Councilmembers Bernheim and Olson), Kerry St. Clair -Ayers (Councilmember Wambolt), Richard Senderoff (Councilmember Plunkett), Strom Peterson (Council President Wilson) and Elizabeth Scott (Councilmember Orvis). Vote No. 1 was taken. The results were: one vote for Strom Peterson (Council President Wilson), one vote for Stephen Schroeder (Councilmember Olson), one vote for Elizabeth Scott (Councilmember Orvis), two votes for Richard Senderoff (Councilmembers Plunkett and Bernheim), and one vote for Kerry St. Clair -Ayers (Councilmember Wambolt). Vote No. 2 was taken. The results were: two for Strom Peterson (Councilmember Wambolt and Council President Wilson), one vote for Stephen Schroeder (Councilmember Olson), and three votes for Richard Senderoff (Councilmembers Bernheim, Orvis and Plunkett). Vote No. 3 was taken. The results were: two for Strom Peterson (Council President Wilson and Councilmember Wambolt), one for Stephen Schroeder (Councilmember Olson), and three votes for Richard Senderoff (Councilmembers Plunkett, Bernheim, and Orvis). Vote No. 4 was taken. The results were: two for Strom Peterson (Councilmember Wambolt and Council President Wilson), one for Stephen Schroeder (Councilmember Olson), and three votes for Richard Senderoff (Councilmembers Bernheim, Orvis and Plunkett). The Council vote reached a deadlock (each Councilmember voted the same way on three consecutive ballots). Ms. Chase distributed the fifth nomination ballot to Councilmembers. Those nominated were: Strom Peterson (Council President Wilson and Councilmember Wambolt), Stacy Gardea (Councilmember Plunkett), Stephen Schroeder (Councilmembers Olson and Bernheim), and Lora Petso (Councilmember Orvis). Vote No. 1 was taken. The results were: two votes for Stacy Gardea (Councilmembers Plunkett and Orvis), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson), one vote for Lora Petso (Councilmember Bernheim), and one vote for Stephen Schroeder (Councilmember Olson). Vote No. 2 was taken. The results were: one vote for Stacy Gardea (Councilmember Plunkett), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt), one vote for Lora Petso (Councilmember Orvis), and two votes for Stephen Schroeder (Councilmembers Olson and Bernheim). Vote No. 3 was taken. The results were: one vote for Stacy Gardea (Councilmember Plunkett), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson), one vote for Lora Petso (Councilmember Orvis), and two votes for Stephen Schroeder (Councilmembers Bernheim and Olson). Vote No. 4 was taken. The results were: one vote for Stacy Gardea (Councilmember Plunkett), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt), one vote for Lora Petso (Councilmember Orvis), and two votes for Stephen Schroeder (Councilmembers Olson and Bernheim). The Council vote reached a deadlock (each Councilmember voted the same way on three consecutive ballots). Ms. Chase distributed the sixth nomination ballot to Councilmembers. Those nominated were: Stephen Schroeder (Councilmembers Bernheim and Olson), Diane Buckshnis (Councilmember Orvis), Edmonds City Council Approved Minutes January 20, 2009 Page 7 Adrienne Fraley - Monillas (Councilmember Plunkett), and Strom Peterson (Council President Wilson and Councilmember Wambolt). Vote No. 1 was taken. The results were: two votes for Diane Buckshnis (Councilmembers Bernheim and Orvis), one vote for Adrienne Fraley - Monillas (Councilmember Plunkett), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson), and one vote for Stephen Schroeder (Councilmember Olson). Vote No. 2 was taken. The results were: one vote for Diane Buckshnis (Councilmember Orvis), two votes for Adrienne Fraley- Monillas (Councilmembers Bemheim and Plunkett), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt), and one vote for Stephen Schroeder (Councilmember Olson). Vote No. 3 was taken. The results were: two votes for Adrienne Fraley- Monillas (Councilmembers Orvis and Plunkett), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt) and two votes for Stephen Schroeder (Councilmembers Olson and Bernheim). Vote No. 4 was taken. The results were: two votes for Adrienne Fraley- Monillas (Councilmembers Plunkett and Orvis), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt) and two votes for Stephen Schroeder (Councilmembers Bemheim and Olson). Vote No. 5 was taken. The results were: two votes for Adrienne Fraley- Monillas (Councilmembers Plunkett and Orvis), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson) and two votes for Stephen Schroeder (Councilmembers Bernheim and Olson). The Council vote reached a deadlock (each Councilmember voted the same way on three consecutive ballots). Council President Wilson declared a brief recess. Ms. Chase distributed the seventh nomination ballot to Councilmembers. Those nominated were: Stephen Schroeder (Councilmember Olson), Stacy Gardea (Councilmember Plunkett), Strom Peterson (Councilmember Wambolt and Council President Wilson), Richard Senderoff (Councilmember Orvis), and Diane Buckshnis (Councilmember Bernheim). Vote No. 1 was taken. The results were: one vote for Stacy Gardea (Councilmember Plunkett), two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt), one vote for Stephen Schroeder (Councilmember Olson), and two votes for Richard Senderoff (Councilmembers Orvis and Bernheim). Vote No. 2 was taken. The results were: one vote for Diane Buckshnis (Councilmember Bernheim), one vote for Stacy Gardea (Councilmember Plunkett), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson), one vote for Stephen Schroeder (Councilmember Olson), and one vote for Richard Senderoff (Councilmember Orvis). Vote No. 3 was taken. The results were: one vote for Diane Buckshnis (Councilmember Bernheim), two votes for Strom Peterson (Councilmember Wambolt and Council President Wilson), one vote for Stephen. Schroeder (Councilmember Olson), and two votes for Richard Senderoff (Councilmembers Plunkett and Orvis). Edmonds City Council Approved Minutes January 20, 2009 Page 8 Vote No. 4 was taken. The results were: two votes for Strom Peterson (Council President Wilson and Councilmember Wambolt), two votes for Stephen Schroeder (Councilmember Olson and Plunkett), and two votes for Richard Senderoff (Councilmembers Bernheim and Orvis). Vote No. 5 was taken. The results were: three votes for Strom Peterson (Council President Wilson and Councilmembers Wambolt and Plunkett), one vote for Stephen Schroeder (Councilmember Olson), and two votes for Richard Senderoff (Councilmembers Bernheim and Orvis). Vote No. 6 was taken. The results were: four votes for Strom Peterson (Councilmembers Olson, Plunkett and Wambolt and Council President Wilson) and two votes for Richard Senderoff (Councilmembers Orvis and Bernheim). Administration of Oath of Office Mayor Haakenson swore in Mr. Peterson and Councilmember Peterson took his seat on the dais. Councilmember Peterson thanked the Council for his selection, commenting the slate of candidates bar none were fabulous people who got involved in the community. He referred to the call to service mentioned in President Obama's inaugural speech, recognizing the residents who applied for the Council vacancy were willing to be involved and he encouraged them to run again. He thanked the Council for their excellent dialogue, commenting he was honored to be seated next to Councilmember Olson, one of the hardest working people in Edmonds and a great example of community service. Senior Executive Council Assistant Jana Spellman provided Councilmember Peterson with a copy of the agenda materials for the remaining portion of the meeting. Councilmember Plunkett remarked a Councilmember had the ability to abstain from a vote due to a lack of knowledge. 5. PUBLIC HEARING ON PLANNING BOARD RECOMMENDATION REGARDING ACCESSORY BUILDING REGULATIONS DEALING WITH THE DEFINITION OF ACCESSORY BUILDINGS CLARIFYING WHEN THEY ARE ATTACHED; THE DEFINITION OF BUILDING HEIGHT FOR ACCESSORY BUILDINGS; AND SITE DEVELOPMENT STANDARDS%- Councilmember Orvis advised he was in the process of obtaining a building permit for a garage; however, the proposed regulations would not impact the design of his garage as it was under 15 feet in height. Development Services Director Duane Bowman relayed the recommendation from the Mayor and staff was to adopt the Planning Board's recommendation and direct the City Attorney to prepare the necessary ordinance for approval on the consent agenda. The Community Services /Development Services Committee reviewed the topic of changes to the accessory building regulations at their September 9, 2008 meeting and referred the matter to the Planning Board. This matter originally arose due to a building permit that was issued for an attached two story garage that was objected to by a number of neighboring property owners. The garage was connected to the existing attached carport and house and because it was attached, the property owner was able to take advantage of the 25 foot height limit instead of the 15 foot height limit for detached accessory buildings. The Planning Board reviewed draft language on September 24, 2008 and held a public hearing on December 10, 2008. Three code amendments are necessary to implement the proposed code amendments: 1) amendments to the definition for accessory buildings, 2) modifying the definition of height and 3) amendments to the site development standards for the accessory buildings in single family zones. The code amendments allow accessory buildings that are connected by a structure with a roof and Edmonds City Council Approved Minutes January 20, 2009 Page 9 constructed of similar materials to the main building so that it appears to be a unified and consistently designed building combination and not greater than 10 feet in length to be included in the height calculation for the house. He reviewed the Planning Board's recommended language: 21.05.010 Accessory building: add "any building attached by a breezeway or other similar connection and separated by more than 10 feet , from the main building shall be considered to be an accessory building. " 21.40.030 Height: Add "C. Accessory buildings that are attached to the main building by a breezeway or other similar connection so that the accessory building is separated by 10 feet or less shall be considered to be part of the main building for purposes of determining the "average level. " For the purposes of this section, for an accessory building to be considered to be attached andpart of'the main building it must be connected by a structure with a roof and constructed of similar materials to the main building so that it appears to be a unified and consistently designed building combination." 16.20.050 Site development standards - Accessory buildings: Add to B: "Garages or other accessory buildings attached by a breezeway or other similar connection to the primary house which results in a separation exceeding ten feet in length may not exceed the 1 S foot height limit. " Mr. Bowman displayed photographs of two examples of attached garages that would be in compliance with the proposed regulations. He relayed a question that arose today whether an enclosed hallway would be in compliance. He explained the intent was for the garage and house to be within 10 feet to provide a unified appearance. He suggested the Council consider adding "enclosed hallway" following "breezeway." Council President Wilson asked whether a foundation for an enclosed hallway poured as part of the building would make it part of the house structure. Mr. Bowman responded staff had been approached by a person interested in building a garage on a sloped lot where the garage would be on the upper portion of the lot, the house on the lower portion and connected by a long hallway which would allow them to capture the four corners of the rectangle to take advantage of the height for the lower structure. He noted the intent of the regulations was a unified appearance rather than two structures connected by a long, narrow hallway. Council President Wilson asked whether this would regulate the length and four corners of a house. Mr. Bowman answered the regulations were intended to pull the house and garage building pad together. The current language allows them to be connected by a breezeway or other similar structure which did not address an enclosed hallway. Council President Wilson asked whether further Planning Board consideration was necessary. Mr. Bowman responded this amendment was consistent with the Planning Board's discussion regarding attaching the structures. Mayor Haakenson opened the public participation portion of the public hearing. Roger Hertrich, Edmonds, recalled controversy several years ago with a house in the Lake Ballinger area where a garage with a second story was connected to the house via a breezeway. He expressed concern with the definition of "detached," noting a house constructed with a garage as part of the structure could be 25 feet in height and if a garage was apart from the house, it should be considered detached. He noted filling the space between the house and garage with a breezeway /hallway was being used to change the definition. He recalled in the past the test was how the garage was attached and whether there was a continuous foundation that included the garage or the space between the house and garage. He suggested the Council delay approval to add definitions for attached and detached. He Edmonds City Council Approved Minutes January 20, 2009 Page 10 summarized a 25 -foot tall garage located 8 -10 feet from the house would have an impact on the neighborhood. Al Rutledge, Edmonds, pointed out one of the Councilmembers attended Planning Board meetings. He suggested Councilmember Orvis, who was in the process of obtaining a permit for a garage, speak as a member of the public. Hearing no further public comment, Mayor Haakenson closed the public hearing. Councilmember Plunkett referred to Mr. Hertrich's comments and questioned whether attached could be defined as part of the foundation rather than a breezeway. Mr. Bowman answered a garage did not need to be attached via the foundation; typically two separate structures would have separate foundations attached with a roof area. Councilmember Plunkett pointed out an attached garage and the house typically had a common foundation. Mr. Bowman agreed, noting attached garages also typically shared a common wall with the house. This was a garage located away from the house structure. In the examples he provided, there were two separate structures attached by a roof. Mr. Bowman explained under the existing regulations, a person could construct a 25 -foot tall garage 30 -40 feet from the house and connect it with a breezeway. The Planning Board's intent was to limit the distance between the house and garage to 10 feet or less and if the distance was greater than 10 feet, the height of the garage would be limited to 15 feet. City Attorney Scott Snyder pointed out the regulations lacked a definition for hallway and breezeway. He suggested continuing the public hearing to ask staff to return with those definitions. He noted a room that was 15 feet long and 10 feet wide could have a function other than a hallway or breezeway. The Planning Board's intent was that the connection be an integral part of the home design and not a tag -on to take advantage of height limits. He pointed out the City's codes did not regulate single family design. Councilmember Bernheim asked whether accessory buildings were considered in the calculation of maximum lot coverage. Mr. Bowman answered they were and advised the total coverage of structures on a lot could not exceed a maximum of 35 %. Mr. Snyder suggested the public be allowed to comment on the proposed definitions. He recommended continuing the public hearing to the first or third meeting in February and providing sections of the building code to address Mr. Hertrich's concern with the definition of attached. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO CONTINUE THE PUBLIC HEARING TO FEBRUARY 17, 2009. MOTION CARRIED UNANIMOUSLY. 6. PUBLIC HEARING ON THE PLANNING BOARD RECOMMENDATION REGARDING LOCAL PUBLIC FACILITIES. Development Services Director Duane Bowman explained in February 5, 2008, the City Council passed interim zoning Ordinance 3679 amending the definition of local public facilities precluding private recreational facilities from being considered as a local public facility. The Planning Board's recommendation is to affirm the interim zoning ordinance making it permanent. Staff's recommendation is to direct the City Attorney to prepare the necessary ordinance implementing the local public facilities definition as contained in interim zoning ordinance 3679 for adoption on the consent agenda. Mayor Haakenson opened the public participation portion of the public hearing. Edmonds City Council Approved Minutes January 20, 2009 Page 11 Roger Hertrich, Edmonds, referred to page 8 of the Planning Board's minutes where he reiterated his disagreement with the code interpretation because he did not feel the facility was public. He explained the Klahaya Swim Club was open to the public for membership but approval was required. He suggested the Council reconsider staff's interpretation that the term "local public facility" included private recreational facilities that were open to the general public for membership. He pointed out there were no other similar facilities in the City and no Conditional Use Permit was required for the facility. Al Rutledge, Edmonds, recalled the Klahaya Swim Club described the requirements for membership. He agreed with staff's recommendation. Hearing no further public comment, Mayor Haakenson closed the public hearing. Councilmember Plunkett asked whether there was discussion with the Swim Club regarding membership. Mr. Bowman agreed there was; they have a waiting list but the Club is open to the public. He reviewed the original interpretation with the City Attorney and they agreed it met the definition of a local public facility which was the reason for adopting the interim zoning ordinance to close that loophole. For example a private gym in a single family zone could be considered a local public facility. He summarized the zoning ordinance closed the loophole in the current code and did not consider private recreational facilities a local public facility. Councilmember Plunkett commented the only restriction by the Swim Club was the number of members who could join due to the size of their facility. Mr. Bowman agreed, explaining the Swim Club was constructed prior to annexation into the City and was allowed by Snohomish County. He pointed out the Swim Club was now non - conforming and could not expand but could continue to operate and do normal maintenance and repairs. Councilmember Orvis commented private recreational facilities could still be sited in Edmonds but not in single family zones. Mr. Bowman agreed. City Attorney Scott Snyder referred to Section 2 of the interim ordinance, the definition of local public facilities, which includes "service clubs" and asked whether a service club such as the Elks, Eagles, Knights of Columbus or other service group would be appropriate in a residential neighborhood. Council President Wilson envisioned an athletic service club that may include a basketball court. He suggested a clarification that would allow non -profit service organizations of that type but not a service club with a liquor license. Mr. Snyder commented this was another example of where the code was weak in definitions. Council President Wilson suggested striking "service club." Mr. Bowman commented another example of a service club was the Maplewood Rock & Gem Club on 196`h. He noted if "service club" were removed from the definition, they could continue to operate as a non - conforming use. It was the consensus of the Council to strike "service club" from the definition of local public facilities in Section 2. Councilmember Bernheim pointed out the first sentence of Section 2 defined local public facility as any community facility operated by a unit of local, state or federal government which would preclude the Elks Club and similar service groups. He requested "and" be added prior to "storage" in Section 2. Council President Wilson pointed out the Rock & Gem Club was currently non - conforming as it was not operated by a unit of local, state or federal government. Mr. Bowman agreed, noting the definition required a facility be operated by a unit of local, state or federal government or by a third party on behalf of a unit of local, state or federal government. Edmonds City Council Approved Minutes January 20, 2009 Page 12 COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE AS AMENDED FOR ADOPTION ON THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 7. AUDIENCE COMMENTS Chris Fleck, Edmonds, congratulated Strom Peterson on his appointment to the Council. He announced the car show, previously cancelled by the Chamber of Commerce, had been revived and would be held the weekend after Labor Day. Al Rutledge, Edmonds, a resident of District 1 on Lake Ballinger, announced King County had identified property at 24th NE & 200th as a potential jail site. He noted this was an issue that affected Brier, Mountlake Terrace, Kenmore and Shoreline as well as Edmonds. He intended to provide further information in the future including possibly asking the Council to adopt a resolution. He pointed out the Snohomish County jail housed 965 inmates and the proposed King County jail would house 765. He also commented on funding sought from the legislature for Lake Ballinger. 8. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF JANUARY 13.2009 Community Services /Development Services Committee Councilmember Olson reported Councilmember Orvis will chair the Committee this year. The Committee reviewed the Planning Board's recommendation regarding accessory building regulations which was on tonight's agenda. The Committee also reviewed the Planning Board's recommendation regarding proposed amendments to Chapter 17.70 regulating temporary uses and building which will be presented to the Council in the near future. Finance Committee Councilmember Wambolt reported the Committee authorized award of the purchase of two aid cars to Braun NW which was approved on the Consent Agenda as Item G. He noted the bid was slightly under budget. Next, Judge Fair provided background information regarding a court security surcharge. The Committee authorized Judge Fair to direct the City Attorney to draft a Court Security Surcharge ordinance for approval on a future Consent Agenda. The final item considered by the Committee was an Interlocal Agreement for court security. Contractual issues that prohibited contracting directly with Mountlake Terrace have been resolved. The Committee forwarded the Interlocal Agreement for approval on a future Consent Agenda. Public Safety Committee Councilmember Bernheim reported the Committee also discussed court security and forwarded the Interlocal Agreement for approval on a future Consent Agenda. He noted contracting directly with Mountlake Terrace may result in a reduction in the cost of court security. 9. MAYOR'S COMMENTS Mayor Haakenson expressed his appreciation to City Clerk Sandy Chase for running the Council selection process. He welcomed Councilmember Peterson and looked forward to working with him. He announced the sidewalk at Old Milltown was poured today and the property owner was obtaining a bid to pour the street tomorrow. Mayor Haakenson relayed the United States State Department notified the City late Friday that one of the City's firefighter /paramedics, Art DeLisle, was fatally injured in a mountain climbing accident on Mount Edmonds City Council Approved Minutes January 20, 2009 Page 13 Concagua in Argentina. Before joining the Edmonds Fire Department in 2003, Mr. DeLisle worked ten years as a medic for Medic 7. He received his medical training at St. Vincent's School of Emergency Medicine in New York City and spent several years working there as a paramedic out of New York hospitals. Prior to his medical training, he served as a Sergeant in the U.S. Marine Corp. Mr. DeLisle was known as a gifted combat medic, excelling when a patient was in critical condition and most in need of immediate and aggressive care. He touched many lives; the Department has heard from many people he helped and his smile and gifts as a medical trainer and emergency caregiver will be greatly missed by all. His family and members of the Firefighters Local 1828 will leave for Argentina tomorrow to retrieve his remains. He is survived by his wife and stepson. Services are pending. The Art DeLisle Memorial Fund has been established at Wells Fargo at 9727 Edmonds Way to benefit his stepson's education. Mayor Haakenson summarized the City would miss Art immensely. 10. COUNCIL COMMENTS Council President Wilson congratulated Councilmember Peterson. He reminded of the Council retreat on Friday & Saturday, February 6 & 7 and asked whether Councilmembers wanted to meet for dinner on Friday evening. It was agreed to hold a business dinner with Councilmembers and Mayor Haakenson and any staff who wished to attend. He noted those attending would pay for their own dinner. Council President Wilson commented he was impressed with the level of decorum during the process to fill the Council vacancy. He was also impressed with the quality of the candidates who applied for the position. He commented the Council had huge decisions ahead and had begun to make those difficult decisions in the 2009 -2010 budget by cutting over $1.5 million, eliminating positions and ending with a $300,000 surplus. He noted the budget for the preceding year had a $2.5 million deficit. He acknowledged the $300,000 surplus was likely to disappear rapidly and a vote to increase the levy would be necessary. He acknowledged such a vote would require a broad effort and he encouraged the public, particularly those who applied for the Council vacancy, to be involved. Councilmember Orvis congratulated Councilmember Peterson, commenting it would be interesting to see where they agreed and disagreed. Councilmember Bernheim commented there were many good ideas discussed during this mini campaign and he looked forward to moving ahead on those important issues. He looked forward to working with Councilmember Peterson on the Council as well as on the Public Safety Committee. He was glad the car show had been revived, noting Edmonds could prosper economically via tourism and festival activities. He pointed out the car show had been extremely accommodating in allowing electric cars to participate. Councilmember Bernheim further reported the temperature in the Council Chambers reached 71.5 degrees tonight and asked how the thermostat was managed in City buildings in an effort to moderate the consumption of fuel. Mayor Haakenson responded the thermostats were set at 68 degrees. The temperature in the Council Chambers tonight was undoubtedly affected by the number of people in the room. Councilmember Wambolt welcomed Councilmember Peterson. Next, he expressed the Council's appreciation for the service provided by retiring Boardmembers: Linda Hughes who served on the Library Board for eight years; John Dewhirst who served on the Planning Board for twelve years; Don Henderson who served on the Planning Board for four years; Joyeanna Chaudiere who served on the Arts Commission for ten years; Norma Bruns who served on the Historic Preservation Committee for four years, Rob Van Tassell who served on the Historic Preservation Commission for four years, and five members of the Sister City Commission: Elijah Zupancic who served for two years; Shiva Riddell who served for eight years; Jim Corbett who served for five years; Lawrence Cretin who served for thirteen Edmonds City Council Approved Minutes January 20, 2009 Page 14 years; and Holly Guentz who served for two years. Mayor Haakenson recalled in the 1990's a reception was held for retiring Boardmembers at a Council meeting. For the past nine years, he has attended Board meetings to present a plaque on behalf of the Council to retiring members. Councilmember Plunkett thanked City Clerk Sandy Chase for her efforts running the voting process to fill the Council vacancy. He congratulated Councilmember Peterson. Councilmember Olson congratulated Councilmember Peterson. Councilmember Peterson thanked the Council for selecting him and he looked forward to working with the Council, beginning with points of agreement. He planned to look to the Council for help and advice and looked forward to a productive year. it. ADJOURN With no further business, the Council meeting was adjourned at 10:03 p.m. Edmonds City Council Approved Minutes January 20, 2009 Page 15