01/22/2008 City CouncilJanuary 22, 2008
Following a Special Meeting at 6:15 p.m. for an Executive Session regarding labor negotiations and to
interview a candidate for the Planning Board at 6:45 p.m., the Edmonds City Council meeting was called
to order at 7:12 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
Michael Plunkett, Council President
Peggy Pritchard Olson, Councilmember
Steve Bernheim, Councilmember
D. J. Wilson, Councilmember
Deanna Dawson, Councilmember
Dave Orvis, Councilmember
Ron Wambolt, Councilmember
ALSO PRESENT
Hilary Scheibert, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Al Compaan, Police Chief
Stephen Clifton, Community Services Director
Dan Clements, Administrative Services Director
Dave Gebert, City Engineer
Don Fiene, Assistant City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
change to Mayor Haakenson relayed Councilmember Wilson's request to add a resolution regarding the stewardship
Agcnaa of Lake Ballinger and the development of a Lake Ballinger Basin Action Plan to the agenda.
COUNCIL PRESIDENT PLUNKETT MOVED, SECONDED BY COUNCILMEMBER OLSON,
TO APPROVE THE AGENDA IN CONTENT AND ORDER WITH THE ADDITION OF A
RESOLUTION REGARDING THE STEWARDSHIP OF LAKE BALLINGER AND THE
DEVELOPMENT OF A LAKE BALLINGER BASIN ACTION PLAN AS ITEM 8B. MOTION
CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT
PLUNKETT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
Roll Call The agenda items approved are as follows:
A. ROLL CALL
Approve
1/15/08 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 15, 2008.
Minutes
Approve Claim C. APPROVAL OF CLAIM CHECKS #101580 THROUGH #101778 FOR JANUARY 1.7,
Checks 2008, IN THE AMOUNT OF $392,126.59. APPROVAL OF PAYROLL DIRECT
DEPOSITS AND CHECKS #46128 THROUGH #46178 FOR THE PERIOD OF JANUARY
1 THROUGH JANUARY 15, 2008, IN THE AMOUNT OF $759,769.50.
Claim for
Damages D. ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM HANNA KROL
(AMOUNT UNDETERMINED).
Edmonds City Council Approved Minutes
January 22, 2008
Page 1
Community
Services Dept. E. COMMUNITY SERVICES AND ECONOMIC DEVELOPMENT QUARTERLY REPORT
Report — JANUARY 2008.
Stevens
Hospital F. STEVENS HOSPITAL BROADBAND AGREEMENT.
Broadband
Planning Board 3. CONFIRMATION OF PLANNING BOARD CANDIDATE MICHAEL MESTRES.
Candidate
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER OLSON, TO
CONFIRM THE MAYOR'S APPOINTMENT OF MICHAEL MESTRES AS AN ALTERNATE
TO THE PLANNING BOARD.
Council President Plunkett commented the last time the City advertised for the Planning Board was 10 to
11 months ago. He recalled the Historic Preservation Commission's (HPC) decision to re- advertise for
positions when 60 -90 days elapsed between when the positions were advertised and candidates
interviewed and the selection process. As this applicant was interviewed for another board 10 to 11
months ago and the Planning Board alternate position had not been re- advertised, he supported the HPC's
practice of re- advertising when a sufficient amount of time elapsed between advertising the position and
the appointment.
Councilmember Bernheim recalled his previous statement that he would oppose confirmation of a
candidate that was selected without a public opportunity to apply. He assured this was in no way related
to the merits of the candidate, recognizing Mr. Mestres' dedication to the community. To avoid setting a
precedent and to ensure a fair process, he supported re- advertising the position. He noted there may be
more interest in the Planning Board position now in view of issues coming before the Planning
Commission such as the waterfront development. He noted there was adequate time to re- advertise the
position because there was no immediate need to appoint an alternate. He cited the importance of
reaching out to the community, encouraging diversity, being open to feedback /input and including all who
want to participate. He expressed concern that the December 12 Planning Board minutes included an
announcement that Mr. Mestres would be the new Planning Board alternate, noting this was a week
before Mr. Mestres submitted his application for the position.
Councilmember Wambolt referred to his comments at the last meeting regarding the process of the
Council confirming the Mayor's appointment. He echoed the comments of Council President Plunkett
and Councilmember Bernheim, advising he would not support the motion.
Councilmember Dawson commented this may be more appropriate if the Council needed to move quickly
to make an appointment or if interviews of other candidates had been conducted recently. She noted the
lack of urgency as the alternate had been moved up to fill a vacancy on the Planning Board. She referred
to the Council's interview with Mr. Mestres, anticipating he would make a very fine alternate to the
Planning Board. However, she supported delaying confirmation of the Mayor's appointment and re-
advertising the position. She agreed it was a bad precedent to set to not allow members of the public to
apply for a vacancy on the Planning Board and urged the Council not to approve the confirmation. She
noted this action did not necessarily mean she would not support confirmation of Mr. Mestres in the
future; she wanted the position advertised to provide the community an opportunity to apply.
Councilmember Wilson observed the Council agreed Mr. Mestres was well qualified and interested in the
community. He was pleased to hear the Council's discussion regarding process but was sensitive to how
Boards, Commissions and the Council treated citizens who participated in a volunteer capacity. He
recognized Mr. Mestres' willingness to volunteer and participate and felt the Council would be remiss in
not confirming Mayor Haakenson's appointment. He pointed out the difficulty finding citizens to
participate on Boards and Commissions. He summarized the Council would be missing a tremendous
opportunity and losing sight of qualifications in the name of process if they did not confirm Mr. Mestres'
appointment to the Planning Board.
Edmonds City Council Approved Minutes
January 22, 2008
Page 2
Councilmember Olson commented in the four years she had been on the Council, the Council had
confirmed appointments to Boards and Commissions with a great deal less interrogation than the Council
conducted of Mr. Mestres tonight and had never had a problem in the past. She pointed out Mr. Mestres
was Mayor Haakenson's appointment and in the past he has moved people to another Board/Commission
when an opening occurred. She agreed it was often difficult to get people to participate on
Boards /Commissions. Since the appointment /confirmation process had not been a problem in the past,
she supported the Council's confirmation of Mr. Mestres tonight.
Councilmember Dawson did not object to moving the alternate to the Planning Board. She did not recall
a circumstance in the past where a Board/Commission vacancy was not advertised and the Mayor moved
a person from one board to another and asked whether it had been a past practice.
Mayor Haakenson explained it had been done several times before. In response to Council President
Plunkett's comments regarding appointments to the HPC, he pointed out there were vast differences
between the HPC and the Planning Board; the HPC was a Council committee formed by the Council who
interview their own candidates and recommend their selection to him for appointment. The Planning
Board provides recommendations to the Council and the code identifies how appointments are made. He
indicated he was unaware that an announcement regarding Mr. Mestres' appointment to the alternate
position was made to the Planning Board in December.
Mayor Haakenson read from his memo to the Council regarding the appointment: With the resignation of
Janice Freeman in late November 2007 he was given an opportunity to advertise for her replacement to
move up the existing alternate. It has been common practice to move the alternate up to a permanent
position on the Board when an opening occurred because that person had been at all meetings and read all
materials and may have filled in during a Board Member's absence. He made a decision to fill the
vacancy with the current alternate which left a vacancy for the alternate position on the Planning Board.
Often when he interviews for open Board positions, applicants express an interest in serving on other
boards, not only the one they applied for, and often they may not be appointed to their first choice but due
to their desire to serve the community are willing to wait or be considered for another board. Several
times during interviews he informs an applicant that although they are a good candidate, someone else is
better suited and that he will contact them when there is another opening or he will appoint them to the
next vacancy. As he considered his options for filling the vacancy on the Planning Board, he recalled a
conversation with current Architectural Design Board (ADB) Member Mike Mestres during his interview
for the ADB regarding his interest in serving on the Planning Board. As there were no vacancies on the
Planning Board, Mr. Mestres accepted an appointment to the ADB.
When the alternate position arose, Mayor Haakenson contacted Mr. Mestres regarding his interest in
switching Boards and Mr. Mestres reiterated his desire to serve on the Planning Board. Mr. Mestres now
had the experience of working with City planning staff, working within a group framework and an
understanding of City procedures. He noted current Planning Board Member Jim Young also served on
the ADB and Planning Board and that experience had been beneficial to the Planning Board. Rather than
take a month to gather candidates and conduct interviews and without knowing the quality of candidates,
he chose to appoint a known quantity to the Planning Board. Mayor Haakenson asked that Mr. Mestres
be interviewed before last week's Council meeting; at Council President Plunkett's request, the interview
was delayed until tonight. Mayor Haakenson reiterated Mr. Mestres was his choice to fill the alternate
position on the Planning Board. He summarized this process had been used several times over the past
eight years. He disagreed with the Council's statement regarding the lack of urgency, pointing out the
importance of appointing an alternate as the alternate filled in for absent Board Members more often than
many realized.
Edmonds City Council Approved Minutes
January 22, 2008
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Councilmember Dawson asked whether there had been occasions in the past where a vacancy on the ADB
or Planning Board was not announced to the public and without conducting interviews. Mayor
Haakenson answered when vacancies arose, he often reviewed applications that had been submitted
previously and contacted the applicants to inquire regarding their interest. Councilmember Dawson asked
whether Mr. Mestres applied for a Planning Board vacancy in the past. Mayor Haakenson did not recall.
which Board he applied for but recalled his interest in both the ADB and the Planning Board.
Councilmember Bernheim was interested in establishing a cooperative and collegial process where all
citizens felt they had an opportunity for input and had been fairly heard. He felt this was the antithesis of
that process and bred distrust and instead of proceeding, the Council was bickering about process. He
referred to the statement in Mayor Haakenson's memo that many times he told qualified candidates that
he will consider them again or that he will appoint them to the next vacancy, noting the Mayor did not
have the ability to appoint someone to a Board, the Mayor only nominated the candidate and the Council
confinned or rejected his appointment. Mayor Haakenson replied he used the wrong word by stating
appoint.
Council President Plunkett commented the Council was being asked to confirm the appointment of a
citizen who was interviewed for the ADB nine months ago. He recognized a great deal had happened
during the intervening nine months including the waterfront development. He reiterated the HPC
advertised all vacancies and recommended the Council do the same. He expressed concern with making
an appointment when the process had not been reopened to the other members of the public who may be
interested.
Councilmember Olson commented this was disingenuous as Mr. Mestres was the Mayor's
recommendation. She recognized the position could be advertised and Mayor Haakenson could interview
other applicants; however, he had already made a decision with regard to his nomination to serve on the
Planning Board, a very qualified individual and an individual the Council confirmed to serve on the ADB.
She noted it may make sense to re- advertise if the Council interviewed the applicants or if this applicant
was not qualified.
Councilmember Wambolt advised he planned to propose at the Council retreat that the process used to
select an Economic Development Director be used to select Board Members - a group of people including
Councilmembers interview all the candidates. Mayor Haakenson replied once the code was changed, he
would be thrilled to turn over to the Council the opportunity to interview Board and Commission
candidates.
Councilmember Wilson recognized the sincerity in the Council's discussion, noting there were
appropriate times to check the power of the executive in the City's system of government. He recalled
citizens' comments during the campaign season that the Council was not doing an effective job of
providing leadership. He summarized this was not an appropriate time to pick a fight with the Mayor
over executive power nor an appropriate issue to provide Council leadership when there were other
important issues on the agenda. He cautioned the Council there were more important issues to spend their
energies on than nominations to Boards.
Councilmember Dawson commented there were few things more important than selecting Planning Board
Members in view of the important decisions made by the Planning Board. She asked whether an interim
appointment to the alternate position could be made while the public process occurred. City Attorney
Scott Snyder advised the Council had not adopted procedures; therefore, it was at the Council's
discretion. The Council could delay the motion, vote for or against it. If the motion were delayed or
failed, Councilmembers could encourage the Mayor to adopt another process or the Council could adopt a
process as a result of discussion at the retreat.
Edmonds City Council Approved Minutes
January 22, 2008
Page 4
Councilmember Dawson commented this discussion may be a moot point, asking whether Mayor
Haakenson could view all candidates fairly or if he would return with the same candidate. Mayor
Haakenson acknowledged now may not be a good time to ask that question. Councilmember Dawson
recalled the Council had discussed the process of Council confirmation of the Mayor's appointments, at
least allowing a week between the interview and confirmation and was surprised to see the interview and
confirmation scheduled on this week's agenda. Mayor Haakenson advised it was on tonight's agenda due
to Council President Plunkett's comment at last week's meeting that the issue would be discussed at the
retreat and for now the Council would continue to follow the existing procedures.
Councilmember Dawson observed the interview /confirmation should have been delayed until the Council
discussed appointment procedures at the retreat. She suggested Councilmember Wilson withdraw the
motion until the Council had an opportunity to have that discussion at the retreat. Council President
Plunkett commented the issue last week was voting to confirm a Board Member immediately following
the interview; tonight's discussion was in regard to advertising for a Board position. He advised the
interview /confirmation was placed on the agenda at the request of the administration; he would have
preferred to delay the matter.
Councilmember Wilson declined to withdraw his motion, noting the sincere energy in the debate
warranted a vote.
MOTION FAILED (2 -4 -1), COUNCILMEMBERS WILSON AND OLSON IN FAVOR; COUNCIL
PRESIDENT PLUNKETT, AND COUNCILMEMBERS ORVIS, WAMBOLT AND BERNHEIM
OPPOSED; AND COUNCILMEMBER DAWSON ABSTAINED.
Mentoring i 4. PROCLAMATION IN HONOR OF MENTORING MONTH, JANUARY 2008.
Month
Proclamation Councilmember Dawson read a proclamation declaring January 2008 National Mentoring Month in
Edmonds and encouraging all citizens, City employees and caring adults to become involved as mentors.
She presented the proclamation to Eddie Tadlot, General Manager, Lynnwood Convention Center and
member of the Board of Directors of Big Brothers Big Sisters of Snohomish County, and Cory
Armstrong -Hoss, Interim Director, Big Brothers Big Sisters of Snohomish County. Councilmember
Dawson, member of the Board of Directors of Big Brothers Big Sisters of Snohomish County,
commended the Big Brothers Big Sisters program, noting when she was a Big Sister to a Little Sister, the
experience was as great for her as it was her Little Sister.
On behalf of the Board of Directors, Mr. Tadlot thanked the City for recognizing the great work of Big
Brothers Big Sisters in Snohomish County. He reported there were over 52 children in the Edmonds area
with a Big Brother or Big Sister who have enjoyed over 3,000 hours of one -on -one time with a mentor.
He noted 330 people in the Edmonds community had inquired about becoming a Big Brother or Big
Sister. He recognized Officer Steve Morrison who has been a Big Brother for eleven years and was
currently mentoring his third Little Brother. He commented on the backgrounds of the children served by
the Big Brothers or Big Sisters, noting 80% were from single parent families.
Updated 2008 5. PUBLIC HEARING ON A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
Disadvantaged
Business EDMONDS, WASHINGTON, ADOPTING AN UPDATED 2008 DISADVANTAGED BUSINESS
Enterprise ENTERPRISE (DBE) PROGRAM FOR THE EXPENDITURE, BUT ONLY IN THE
Program EXPENDITURE, OF FEDERAL TRANSIT ADMINISTRATION (FTA) 5309 FUNDS RECEIVED
THROUGH THE EDMONDS CROSSING GRANT APPLICATION WA -03 -0209.
Community Services Director /Acting Economic Development Director Stephen Clifton advised the
update changed only the goal percentage for soliciting disadvantaged business enterprises (DBE). The
10% goal adopted in 2005 was being updated to 9.27 %. He explained the Office of Women and Minority
Business Enterprises provides the City a list of disadvantaged business enterprises in the Edmonds market
Edmonds City Council Approved Minutes
January 22, 2008
Page 5
taken from the North American Industry Classification System. This was related specifically to Phase 2
of the Edmonds Crossing project. Businesses participating in Phase 2 include landscape architects,
architects, land acquisition surveyors, etc. The list of 374 disadvantaged businesses enterprises the City
received from the Office of Women and Minority Business Enterprises was the numerator for the formula
used in calculating the percentage; the dominator was all businesses in the North American Industry
Classification System (4,035). He reiterated there were no changes to the program other than the
percentage.
Res#
Updated 2 oos Mayor Haakenson opened the public participation portion of the public hearing. There were no members
Disadvantaged of the public present who wished to provide comment and Mayor Haakenson closed the public hearing.
Business
Enterprise COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR
Program APPROVAL OF RESOLUTION NO. 1163. MOTION CARRIED UNANIMOUSLY.
Harbor Square/ 6. REPORT FROM CHRIS KEUSS PORT OF EDMONDS EXECUTIVE DIRECTOR ON THE
Antique Mall
Redevelopment HARBOR SQUARE / ANTIQUE MALL REDEVELOPMENT PROGRAM.
Program
Chris Keuss, Port of Edmonds Executive Director, pointed out the Harbor Square /Antique Mall
development, referred to by some as the waterfront development, was not located on the waterfront and
was actually located east of the railroad tracks. He provided a history on the development, recalling
discussion at a September 26, 2006 joint meeting between the Council, Port Commission and staff
regarding advantages and challenges associated with development of the Harbor Square, Edmonds
Shopping Center (Antique Mall site) and the Skippers property. Advantages cited included the
importance of economic vitality for Edmonds and this area, linkage and the importance of linking the
downtown core to this area and the waterfront, quality of life, employment opportunities via development
on the site, and opportunities for shopping, recreation, open space and businesses.
Challenges identified at that meeting included the high water table on the site, building heights and
modulated buildings, and some Councilmembers recognized there may need to be some flexibility in
reviewing the building height issue for this area. No conclusion was reached at the joint meeting but the
Council encouraged the property owners to move forward with planning for the area and begin a public
process. He paused to introduce Port Commissioner Marianne Burkhart in the audience.
Mr. Keuss displayed an aerial photograph, identifying the Harbor Square site, Antique Mall owned by
Edmonds Shopping Center (ESC), and the Skippers property originally owned by the McNaughton Group
and recently purchased by Bob Gregg. He explained the Port owned six of the buildings on the Harbor
Square property but did not own the Harbor Inn or tennis facility. The overall site was approximately 25
acres and included the 10 acre Harbor Square property, the 1 acre Skippers site, and the 3 -4 acres Antique
Mall site with the remainder being parking lots, rights -of -way, and Burlington Northern and Sound
Transit property.
He explained the Stratford Company was hired to assist with Phase 1, the pre - planning process, which
included identification of strengths, weaknesses, opportunities and threats (SWOT). LMN Architects was
hired to assist with Phase 2, the logistical phase of the project, and preparation for the public involvement
process. As part of the planning for the public process a volunteer committee was formed. The members
responded to an advertisement he placed in the newspaper inviting anyone in the Edmonds community to
contact him if they were interested in participating in this pre - planning, volunteer group. Approximately
60 people responded; this number was reduced to the Group of 33 due to the requirement that members be
available for three meeting dates in July. He displayed the members of the group, noting they were all
interested in the process and were representative of the community. The goal of the group was to develop
design criteria that the architect could use to develop plans.
Edmonds City Council Approved Minutes
January 22, 2008
Page 6
At the end of the third meeting in July, ten key themes were developed:
• Make Connections - linkage from the downtown core to this redeveloped area and the waterfront
• Appropriate size of development - be cognizant of view corridors including Main, Dayton and
James Street. The group did not want one, large mass of buildings; they wanted variety.
• Support transportation choices - enhance the existing transportation system.
• Capitalize unique opportunities - provide linkage and encourage use of Brackett Landing Park
North and South, Senior Center, beaches, marsh, etc. The group identified a pedestrian bridge,
possibly with a viewing platform, as a way to link this area to the waterfront.
• Places for people /gathering places - plazas, courtyards, lawns, unique landscaping, a safe, 24/7
type development.
• Parking - one idea was a parking tray underneath any development on the site to avoid surface
parking.
• Mixing uses of buildings - variety of different building types, sizes. Have a mix of businesses
that serve a 24/7 community, uses that were lively and include events, functions, programs to
draw people during the day and evening. Consider mixed use development with residential,
office, retail, restaurants, pubs, coffee shops, etc. to draw people to the area.
• Enrich the existing - be sensitive and respect the surrounding area. Respect Edmonds' history
and culture. Have unique amenities that compliment the existing. An aquarium, specialized
museum, boutique hotel were identified as possible uses.
• Design matters - encourage high quality building materials and amenities. Emphasize human
scale.
• Promote complementary economic development not competing economic development - plan for
the long term, work with the existing elements in Edmonds including the historical downtown,
arts community, Senior Center, transportation and festivals.
Mr. Keuss explained these themes were then given to the architect to develop design. Phase 3 was the
public involvement process and presentation of the architect's designs to the public. In response to a
frequently asked question regarding why the Port was involved in this effort, Mr. Keuss advised, 1) the
Port's mission was to promote tourism and economic development and they believed this development
met that goal, 2) the Port was the largest property owner and as such had a vested interest, and 3) the Port
Commission wanted to ensure there was consistency in the development plan.
Recognizing that communication would be important, the Port worked hard to inform the community
about the public involvement process including establishing an information room at Harbor Square with
all the materials from the work group, plans, and information from the public meetings. A link to the
Harbor Square Antique Mall redevelopment program that contained all the materials available at the
information room was included on the Port's website. The Beacon and Enterprise were also used to
advertise meetings and to encourage the public to participate in the process. In response to criticism that
this was not an open process, Mr. Keuss emphasized there were few other processes that were as open as
this.
Mr. Keuss advised there were four citywide public meetings. On October 4 the code compliant plan, the
plan the property owners could develop under the existing code, and four alternatives, from 3 -4 story
buildings to 10 -story buildings, were unveiled. Another meeting was held on October 18 regarding the
same plans and similar discussion was held. Another public meeting was held on October 25, where the
plans were narrowed to the code compliant plan, a conceptual refined plan with 4 -6 story buildings with
public amenities. Another public meeting was held on November 13. He advised he had now facilitated
20 public meetings - four citywide meetings, and presentations to sixteen groups and organizations
including the Kiwanis, arts organizations, ACE, etc. Two more presentations will be held this month and
one is scheduled in March.
Edmonds City Council Approved Minutes
January 22, 2008
Page 7
Mr. Keuss displayed and reviewed the code compliant plan. In this scenario Harbor Square remained as
is, other than another floor could be added to the single story Building 2. He described potential
development on the Skipper's and Antique Mall sites, noting under existing code, the sites would be built
out with buildings, landscaping, and surface parking. He anticipated it would be similar to Harbor
Square, a business park with commercial space, possibly a restaurant, deli and/or coffee shop, but it was
unlikely to include retail. He recalled retail at Harbor Square was unsuccessful because people would not
come to that area for retail and it evolved into a business park. He noted in the code compliant plan there
was no pedestrian bridge to the waterfront, no linkage to downtown or the waterfront, few opportunities
for tourism, and little open space or public amenities. He referred to a rumor that the developers did not
want to develop the area with the code complaint plan because they would not make any money,
explaining the opposite was true. The developers were happy to build in accordance with the code
compliant plan because it was the most profitable as few public amenities were required.
Mr. Keuss displayed the conceptual refined plan, emphasizing it was a concept only and the actual plan
would likely be different. The conceptual refined plan was an attempt to illustrate public amenities if
heights were increased to 4 -6 stories. He explained there would be 700 residential units, 85,000 square
feet of office space, 135,000 square feet of retail space, and over 2 acres of public open space. He
emphasized to get public amenities, there would need to be a mass of buildings. The more mass of
buildings the more amenities could be provided; lower scale buildings resulted in fewer amenities. He
referred to the existing 5 -story building on the waterfront, the Ebbtide, as a reference for a 4 -6 story
building. He noted the conceptual refined plan was a mixed use development, a mix of office, retail,
residential and public open space. He relayed the urban design experts' advice that such a mix was
required for such a development to be successful.
With regard to next steps, he advised the public involvement phase was reaching a conclusion and the
property owners have not discussed any other phases. The property owners met in early December and
agreed to take a holiday hiatus and possibly conduct further financial analysis in the future but no other
meetings have been scheduled. The Port Commission has scheduled a public meeting on Tuesday,
February 12 to discuss master planning opportunities for the Harbor Square site.
Mr. Keuss summarized this was a unique opportunity, an opportunity that presented itself once in a
generation /lifetime to make an impact on the City for the next 50 -75 years. He acknowledged some
development would occur on this site; the private property owners have made that clear. He questioned
whether the City wanted to let development occur under the existing code, losing the opportunity to
obtain public amenities in the development.
Mr. Keuss referred to a rumor that some people wanted the City to acquire the property for a park. He
pointed out to create a park on the site, the City would need to purchase the property as well as develop
and maintain the park, none of which were inexpensive. He recalled working for King County Parks
during Forward Thrust in the early 1970s when a great deal of land was purchased and developed as
neighborhood and regional parks and swimming pools. Because no maintenance funds were included in
the levy, many sites have deteriorated due to lack of funds.
He encouraged the Council to consider the importance of this site to the community. He noted the Port's
interest was Harbor Square and no redevelopment of that site was anticipated for 10 -15 years.
Councilmember Wambolt thanked Mr. Keuss for an outstanding presentation, finding he portrayed the
facts with little opinion and dispelled much of the misinformation in the community.
Observing there were still many options that could be considered with regard to parking, residential and
commercial mix, options for open space, etc., Council President Plunkett asked whether the work of the
group of 33 and the Port's involvement was ending. Mr. Keuss responded the work of the group of 33
Edmonds City Council Approved Minutes
January 22, 2008
Page 8
was completed at the end of July when they developed the design criteria. The group convened once in
early September to provide input on the four alternatives but has not met since then. The Port
Commission has asked him to step back from the process as the Port's commitment to the community and
the property owners was through the public involvement phase. He noted there was an opportunity for
the City and property owners to work together on something that could be mutually beneficial. He
referred to some Councilmembers' interest in a park on the site, and suggested instead of the City
purchasing, developing and maintaining a park, the City work with the property owners to include
development and maintenance of a park in the project.
Councilmember Orvis thanked Mr. Keuss for making the information available online and inquired about
additional information including the financial analysis. Mr. Keuss advised the financial analysis on the
Harbor Square site was available online; he did not have permission from the private property owners to
include the financial analysis regarding the Antique Mall or Skipper's sites. He advised the Harbor
Square information could be used to approximate the other sites.
Councilmember Wilson, a participant on the group of 33, felt the consultants led them to a plan that did
not provide as much public benefit as he expected. And although it was a very public process, it did not
serve the citizens or property owners as well as it should have and he anticipated a much better process
could be conducted. He referred to a comment that there was approximately 5 acres of open space in the
conceptual refined plan and asked where it was located. Mr. Keuss advised the plan contained 95,000
square feet of open space, slightly more than 2 acres. He identified the largest amount, approximately 1' /z
acres, in the form of an open square /plaza and esplanade on the Antique Mall site. The open space on the
Harbor Square site was an east -west and north -south pedestrian esplanade. He referred to a conservatory
near the marsh on the southeast corner of the Harbor Square site.
Councilmember Wilson asked whether the architect considered the recent study that indicated a 4 -8 foot
increase in sea levels. Mr. Keuss answered that question was asked during one of the public meetings and
the architect assured the plan anticipated climate concerns.
Councilmember Wilson inquired whether parking was anticipated to be subterranean. Mr. Keuss
explained the concept of a tray of parking under the entire site as it was felt excavation of 4 -5 feet was
feasible before water table issues were encountered.
Councilmember Wilson inquired about the character of the feedback at the public meetings and how it
would be integrated into the development. Mr. Keuss answered most of the public who attended meetings
and provided comment felt something needed to happen on this site. He noted many felt the development
should be low rise, code compliant; others felt there were opportunities in working with the City and
developers to get public amenities as part of the development. He commented they had received
comments from as far as Montana and Idaho which demonstrated the amount of interest in this project.
He acknowledged the difficulty reaching a consensus on how the site should be developed.
Councilmember Wilson commented this project could become a regional standard for this type of
development. Mr. Keuss agreed there was an opportunity to do something special on this site, something
that could become a standard for the community and the region. Councilmember Wilson clarified the
Port did not plan to submit or be a party to a master plan. Mr. Keuss answered not at this time. He noted
as a result of the February 12 public hearing, the Port Commissioners may provide alternate direction.
Councilmember Dawson asked whether the public comments were available to the City Council. Mr.
Keuss advised a nearly verbatim recap of the comments from the two citywide public meetings in October
was available on the Harbor Square Antique Mall redevelopment website. He has prepared a recap of
comments from all the other meetings but did not yet have the permission of the property owners to
Edmonds City Council Approved Minutes
January 22, 2008
Page 9
release that information. He hoped that information would be available on the website in the future.
Couneilmember Dawson commented it would be helpful to review the public's comments.
Couneilmember Dawson referred to Mr. Keuss' comment regarding the Port's plans to discuss master
planning for the Harbor Square site and the work that had been conducted that considered the sites in their
totality, asking whether any decision to be made by the Council with regard to the privately owned
properties would be separate from the Port properties. Mr. Keuss agreed, anticipating the Port would be
interested in being involved in the process but any discussion at this time would be with the private
property owners.
Assuming there would be change with regard to the buildings on the site, Couneilmember Wilson
observed it would occur one of three ways, 1) under the existing code, 2) via a quasi judicial master
planning process or 3) via a legislative process. He inquired how change would occur via a legislative
change either to all three parcels or only two parcels. If the Council wanted to build on the
momentum /enthusiasm of the past year, what would the vehicles for change be? Mr. Snyder commented
if development occurred under the current zoning, applications would be submitted by the property
owners. Any changes to the zoning could be initiated either by the Council or the property owners. The
logical place to begin, whether City- initiated or property owner - initiated, would be with the
Comprehensive Plan as any zoning change must be consistent with the Comprehensive Plan. He
concluded it was a 2 -step process that could be initiated by the Council or the property owners. If
initiated by the property owners, the Council could widen or narrow the scope of review.
Couneilmember Wilson asked how the Council would begin a Council -led initiative to update the
Comprehensive Plan. Mr. Snyder recommended starting with a report by the planning staff regarding
docketing Comprehensive Plan amendments in the 2008 process.
Couneilmember Bernheim observed it would not be necessary to amend the Comprehensive Plan if the
vision were consistent with the Comprehensive Plan. Mr. Snyder agreed.
Couneilmember Wilson referred to the language in the Comprehensive Plan, noting it was fairly broad
and referred to a master plan approach. Mr. Snyder advised the master plan was the template for a
legislative approach and the Council would need to enact a master planning process. Couneilmember
Wilson questioned how the Council could, building on the momentum/enthusiasm of the past year,
develop a process that created more consensus around what the public wanted developed on the site that
was beyond the current code. Mr. Snyder suggested the logical place to begin was with a review of the
existing Comprehensive Plan and ordinances by the Planning Department to advise the Council what was
possible. A determination could then be made regarding the impediments, whether they were in the
Comprehensive Plan or the code.
Presentation by 7. PRESENTATION BY MARK BUCKLIN, ATTORNEY, WASHINGTON CITIES INSURANCE
Mark Bucklin, AUTHORITY.
W CIA
Mr. Bucklin explained he was making this presentation at the request of the City Attorney and the Mayor
and at the behest of Washington Cities Insurance Authority, noting the presentation would likely be made
to other City Councils throughout the year.
Mr. Bucklin noted most City Councils offered the public the opportunity to speak at Council meetings
and the Council may impose decorum and time limits; it was not a requirement that citizens be provided
the opportunity to speak and some Councils did not provide it. Councils may schedule agenda items to
address concerns raised by the public regarding City operations; scheduling an agenda item typically
required a majority vote of the Council. Individual Councilmembers may address matters of public
concern at Council meetings if the agenda provides an opportunity for Council reports and comments.
Edmonds City Council Approved Minutes
January 22, 2008
Page 10
He explained there were several issues to be considered when making comment in a public meeting
depending on the topic. First, whether the subject matter involved current or future quasi judicial subjects
that are or may come before the Council. He noted the Port's presentation touched on this issue. In
general terms if there was a matter pending before the Council, was before the Council or was on appeal
and may be returned to the Council involving a quasi judicial decision where the Council was required to
be judge -like and impartial dealing with specific rights regarding specific parcels and/or the property
owners, the Council was required to, (1) be impartial and (2) appear fair. He noted the Appearance of
Fairness Act required the Council avoid receiving facts and information outside the record or at a
minimum disclose when it had occurred and for the individual Councilmember to make a determination
whether they could proceed fairly and impartially or needed to recuse themselves.
Before speaking with the public, he urged the Council to consider whether the subject matter involved
current or potential future litigation involving the City. Another consideration before speaking with the
public was whether the subject matter involved criticism or accusation of wrongdoing by a member of the
public, city official or staff. For example, it was the Council's right /obligation to speak generically about
the job performance of staff such as in presenting information to the council or carrying out the will of the
Council. However Councilmembers whose comments targeted individuals may be exposing themselves
to potential lawsuits for libel and slander depending on what was said. As a general practice, when a
Councilmember was sitting in a legislative capacity, conducting the business of the City, they had broad
immunity regarding what they said but it was not absolute in all circumstances. Further, once a
Councilmember stepped off the dais, their immunity rapidly eroded and they were subject to the same
libel and slander rules as the public.
Mr. Bucklin explained Councilmembers were free to comment on pending, future or desired legislative
action. Councilmembers were almost always a legislative body but City and County Councils had the
unique dual role where they sometimes acted as judges. When a topic was purely legislation or
politicking; purely public opinion regarding what was in the best interest of the health, safety and welfare
of the City; what was the best budgetary decision or the best taxation decision, a Councilmember was free
to speak their mind and the public was free to speak to the Council on those topics.
There may be circumstances when the Council wishes to conduct further fact - finding. He pointed out that
the Council acted as a body and not as individuals; a Councilmember's individual right was to vote and
when a majority of the body voted, a decision was made. Fact - finding by the body may be by invitation;
the Council may schedule a public hearing to gather public comment on certain topics. For example the
Council could schedule a public hearing to gather input on how well the City's parks were being run,
whether there should be more parks, whether more money should be spent on parks, etc.; however, the
Council should not schedule a public hearing regarding whether a staff member was a thief He explained
this was not the Council's responsibility, the Council did not have subpoena power, the Council could not
put people under oath therefore they were free to lie and there were better agencies to conduct that
investigation.
He acknowledged individual Councilmembers would be "buttonholed" by the public at times. He
cautioned the Council to consider why the person was talking with them; if the comments were of a
general nature or addressed a desire for legislative changes in the future, there was no issue. However if
the comments were in regard to a specific wrongdoing, he urged the Council to be cautious about taking a
position before knowing all the facts. If a Councilmember was persuaded there was some merit to the
allegation, he suggested they first encourage the person to take the matter to the source such as contacting
the appropriate Department Head or the Mayor who could investigate the matter. If the allegation were
regarding criminal wrongdoing, he suggested the person be encouraged to contact the appropriate law
enforcement agency. In circumstances where a person was unable /afraid to contact the appropriate party,
he suggested the Councilmember contact the appropriate Department Head, Mayor or law enforcement
agency and request a review of the person's concerns. He did not encourage Councilmembers to conduct
Edmonds City Council Approved Minutes
January 22, 2008
Page I I
their own investigation. Mr. Bucklin summarized stating that one of WCIA's goals was to keep costs
down via risk management.
Council President Plunkett observed there were circumstances where the City Attorney or Mr. Bucklin
could serve as counsel to Councilmembers. He asked what a Councilmember could do that would require
hiring their own attorney. Mr. Bucklin answered WCIA would try to be available to a Councilmember as
much as possible although he did not determine coverage. He acknowledged there were limits to the
coverage and limits on where immunity applied to Council activities. Like every insurance policy, there
were clauses stating WCIA did not cover intentional wrongful acts. If a Councilmember intentionally
caused harm, they were at risk. If a Councilmember's action took place off the dais, the level of
immunity began to evaporate. If a Councilmember engaged in intentionally harmful conduct, they could
be personally liable. For example, he had been involved in situations where Councilmembers were
alleged to have been harassing employees, walking through the workplace making disparaging remarks
and threatening to have their jobs eliminated. He noted this act may create a hostile work environment
and a Councilmember may not be covered.
Councilmember Orvis encouraged Councilmembers to read a Spokane case, where the judge told the
Council their actions were outside the scope of their authority.
Mr. Snyder referred to Mr. Bucklin's example regarding issues outside the scope of the Council's job,
noting the hiring and firing of city employees was the Mayor's responsibility not the Council's. He noted
in addition to WCIA coverage, the Council and City employees were protected by an indemnification
ordinance that had exclusions for dishonest, fraudulent, criminal and willful and intentional acts, acts that
were not performed on behalf of the City and lawsuits brought against an official or employee on behalf
of the City. He noted in Shoreline where Councilmembers had been sued for open meeting violations; the
city would go through a process to determine whether it should proceed with a defense under a
reservation of rights pending the determination of the facts.
Mr. Bucklin commented for a long time it was the judicially held public opinion that the use of public
funds to pay for the intentional wrongful conduct of public employees or elected officials was a misuse of
public funds. However, the State legislature passed a law approximately ten years ago that allowed
individual municipal bodies to make a legislative determination on a case -by -case basis whether they
would provide a defense for allegations of intentional misconduct and/or pay judgments.
Councilmember Wambolt observed Mr. Bucklin cautioned the Council from fact finding outside of public
hearings. Mr. Bucklin clarified his caution was not fact finding on matters that were legitimate for the
Council as a body but fact finding into allegations of wrongdoing and criminal conduct.
8A. AUDIENCE COMMENTS
Harbor square/ Karen Wiggins, Edmonds, agreed what the Harbor Square /Antique Mall group presented was very
Antique Mal] beautiful but was not appropriate for that area. She and others did not support building a wall on the
Presentation
waterfront or the "Kirklandization" of Edmonds. She anticipated code compliant development could
occur that was very beautiful, referring to development at Mill Creek Town Center, Alderwood Mall, and
University Village as examples. She acknowledged the need for economic development, pointing out the
proposal of up to 10 stories could be built at Westgate, Five Corners or in other commercial areas. She
anticipated code compliant development could be done profitably under the existing code as she and her
husband had done on two properties. She urged the City to consider a code compliant development of the
waterfront site, possibly with some park area funded via grants.
Harbor Square/
Antique Mall Jim Hills, President, Greater Edmonds Chamber of Commerce, commented the redevelopment of
Presentation Harbor Square /Antique Mall sites could have a major impact on the city for decades as the properties
Edmonds City Council Approved Minutes
January 22, 2008
Page 12
were adjacent to focal points that provided much of the city's identity and popularity. That potential was
recognized by the Port, who along with private land owners and the City embarked on an inclusive
process to help shape a future project. That process included multiple meetings, a diverse panel of 33
community members, and although not required by City Code, the process was a unique and well
intentioned effort to elicit public input before the project was built. The Chamber acknowledged the
importance of the Harbor Square /Antique Mall properties to Edmonds residents and the City's long term
economic development and supports the outreach efforts undertaken this summer and the values that
evolved from those efforts. The Chamber supports the following concepts that could be applied to any
project on those sites: promote complimentary not competing economic development, make connections
linking the downtown core and the waterfront, look at unique opportunities for small businesses, mix
building uses to accommodate a variety of users, provide places for people, support transportation
choices, enrich the existing environment with sensitivity to the surrounding areas, and the appropriate size
of development in relation to views. He summarized via attention to these core values, a variety of
potential projects could address a spectrum of issues including economic development, development of
open space and views. The Chamber was confident the Council would proceed in a thoughtful and
deliberative manner as it discussed the needs of the City, the business community and residents.
Homeowners Spencer Cross, American System Economist, LaRouche Political Action Committee, referred to their
and sank legislation, the Homeowners and Bank Protection Act of 2007 and urged the Council to consider
Protection Act g g
of 2007 supporting it as a Council as well as individually. He pointed out the mortgage aspect of the banking
crisis had accelerated to a point beyond the level of the Great Depression and the sub -prime aspects were
just beginning to hit the United States. He noted it was not only a housing crisis but an international
banking crisis. He summarized their legislation was not a bail out.
Worldwide Stephen Andrew, American System Political Economist, LaRouche Political Action Committee,
Financial commented on the collapse of the worldwide financial system. In talking to the public every day, he
System
Collapse noted the public was scared. He relayed a statistic provided at an affordable housing commission meeting
in Olympia yesterday that 40% of the population of King County could not afford their mortgages.
Joan Bloom, Edmonds, referred to Mr. Keuss' comments about the public process and gathering input,
Harbor square/ commenting the process was pointless if there was no mechanism to gather and summarize the input for
Antique Mall
Redevelopment the Council and citizens and to move the process forward. She found Mr. Keuss' response to
Councilmember Wilson's question about the character of the feedback to be very vague. With regard to
the availability of the public's comments online, she found it very tedious to review the comments and
there was no overview provided of the process. As a member of the group of 33, she felt their work was
misunderstood and misrepresented. She stressed the group made no decisions and no recommendations;
they were part of a process. She supported integrating the input in a manner that moved the process
forward to a decision with regard to developing the waterfront project. She considered suggesting the
Council interview the members of the group of 33 about their experience. She summarized the input was
not gathered or integrated in a manner that moved the process forward.
Harbor square/ Darrell Marmion, Edmonds, referred to the property in the Downtown Waterfront Activity Center, the
Antique Mall proper name for the Harbor Square /Antique Mall area, stating he looked forward to the public process on
Redevelopment
development in that area. He felt the process had not ended, it had only just begun with the property
owners gathering input from some members of the public and a presentation by one of the property
owners, the Port. He was not part of the group of 33 because he was unable to commit to the three
specific dates in July. He did participate in the 2030 blog, but after submitting a few comments, he felt
although a well intended effort, it was a representation of the property owners. He ultimately did not
want to be a member of the group of 33 because he did not want his input to enhance the efforts of the
developers and to be mistakenly identified as someone who enforced the developers' plan.
Edmonds City Council Approved Minutes
January 22, 2008
Page 13
Edmonds-
Al Rutledge, Edmonds, advised of a meeting on January 25 at the Edmonds School District offices with
Woodway High
School Fields the City Parks & Recreation regarding the old Edmonds - Woodway High School fields. Next, he thanked
Councilmember Wilson for recommending the Council discuss Lake Ballinger at the Council retreat. He
Lake Bailin er reported the Stevens Hospital Board meets the third or fourth Wednesday of each month and the public
was welcome to attend. He then commented on the City of Shoreline and Woodway's interest in
Pt. Wells annexing the Pt. Wells property due to development proposed on that site. He suggested Edmonds be
involved in that process as they provided police protection to Woodway.
Harbor square/ Roger Hertrich, Edmonds, commented after listening to a number of Mr. Keuss' presentations, he
Antique Mau developed an outlook with regard to people's opinions. He stated people felt something needed to happen
Redevelopment on the site although there was disagreement regarding exactly what should happen. After Mr. Keuss'
presentations, the question always arose why the City wanted 700 condominiums and the associated
traffic. Mr. Hertrich pointed out the Port's mission was economic development and tourism; he felt Mr.
Keuss' presentation addressed economic development but not tourism. He urged the Council to become
involved to ensure consideration was given to development that would enhance tourism. He disagreed
with Councilmember Wambolt's comment that the public had been misinformed, stating the public had a
very good idea of the development the property owners wanted. He appreciated the property owners'
efforts as it allowed the public to form stronger opinions about what they wanted in that area. He
summarized this was likely the most important development that would ever happen in Edmonds and
needed to be done properly. Next, he asked when the Planning Board alternate position would be
advertised.
Mayor Haakenson asked Mr. Hertrich what he wanted to see developed on the Harbor Square /Antique
Mall site. Mr. Hertrich answered a low level type development, possibly some sort of mixed use with an
emphasis on uses that would draw tourists to Edmonds. He suggested hiring a consultant to determine
uses that would provide economic stimulus.
Council President Plunkett advised the Council would discuss the waterfront development at the retreat.
Harbor square/ Ray Martin, Edmonds, commented on last week's Council meeting, noting the Council had ratcheted up
Antique Mall the level of civility and the respect the Council received from the public. He noted tonight provided a
Redevelopment
good lesson on the American political system's checks and balances with the Council correcting the
Mayor when he stepped into the Council's area of responsibility. Next he referred to development
surrounding the Space Needle, recalling in his youth that area was dilapidated but was now a wonderful
place. He commented if the Space Needle were located on the Harbor Square /Antique Mall site, the view
from the top would be only rooftops; there needed to be more open space. He acknowledged the entire
site could not be converted to a park but an aquarium may be an appropriate use. He suggested the City
discuss how to develop this area with Seattle. He summarized Edmonds had a unique opportunity to
create something that would make everyone happy.
Councilmember Wambolt clarified the Edmonds 2030 website was not sponsored by all the property
owners; it was sponsored by the owner of the Antique Mall site and was done independent of the other
property owners.
Res# 1164— 8B. RESOLUTION REGARDING THE STEWARDSHIP OF LAKE BALLINGER AND THE
Stewardship of DEVELOPMENT OF A LAKE BALLINGER BASIN ACTION PLAN
Lake Ballinger
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM,
FOR APPROVAL OF RESOLUTION NO. 1164.
Councilmember Wilson explained he spoke with a number of Lake Ballinger area residents who educated
him regarding water quality and water quantity issues. Since November he had the opportunity to work
with Assistant City Engineer Don Fiene including meeting with Mountlake Terrace staff. He also met
Edmonds City Council Approved Minutes
January 22, 2008
Page 14
with members of the State and Federal delegation and corresponded with Councilmembers in Shoreline
and Lynnwood. This resolution was proposed as the State delegation felt there was an opportunity to
obtain funds to support cleanup of Lake Ballinger. State Representatives Marko Liias and Mark Ericks
were working on appropriations this legislative session for cleaning up Lake Ballinger and to address
flooding. He noted this effort includes Edmonds, Lynnwood, Mountlake Terrace, Lake Forest Park,
Shoreline, Department of Ecology, Department of Transportation, and Snohomish County and was an
inter jurisdictional problem that could not be addressed by one municipality or jurisdiction. He noted
there was an opportunity for funding from the State and possibly the federal government, funds that
would require matching funds from local jurisdictions.
Councilmember Wilson summarized the purpose of the resolution was to identify the stewardship of Lake
Ballinger to be among the City's highest environmental priorities and direct staff to continue to work
collaboratively on the development of a Lake Ballinger Basin action plan.
Councilmember Dawson commented the resolution was consistent with Council policy and this and past
Councils have been supportive of efforts to maintain and enhance the water quality of Lake Ballinger.
Councilmember Olson agreed the resolution was an excellent idea. She questioned the percentages cited
in the resolution, recalling Mr. Fiene indicated they were incorrect. She also noted Councilmember
Wilson had included Lake Forest Park as one of the parties but that was not reflected in the resolution.
Councilmember Wilson advised he would accept whatever percentages staff provided; the numbers cited
were taken from a fact sheet produced by Mountlake Terrace. He advised Lake Forest Park asked to be
included in the resolution as they wanted to be part of the effort. He suggested adding Lake Forest Park
to the resolution.
MOTION CARRIED UNANIMOUSLY. The resolution approved reads as follows:
RESOLUTION NO. 1164 OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
WASHINGTON, REGARDING THE STEWARDSHIP OF LAKE BALLINGER AND THE
DEVELOPMENT OF A "LAKE BALLINGER BASIN ACTION PLAN"
Mayor Haakenson requested Mr. Fiene incorporate the suggested changes in the resolution.
9. COUNCIL REPORTS ON COMMITTEE /BOARD MEETINGS.
Councilmember Wambolt reported at their January 14 meeting, the Port Commission selected Fred Gouge
Port as the 2008 Commission President. The Commission also discussed the Jacobson Marine building, a
Commission
13,000 square foot building to be constructed on the Port property. Due to difficulties they encountered
permitting their building and the cost of the building, it was now proposed to be a 1 -story building
without the second story they had planned to lease. He advised Jacobson Marine was in the process of
negotiating their lease with the Port and another meeting was held last week to continue negotiations.
The Port Commission approved their 2008 capital budget of $516,000 and scheduled a workshop on
February 12 at 10:00 a.m. to begin work on a Harbor Square Master Plan.
wRIA s Councilmember Orvis reported at the WRIA 8 meeting, they discussed two issues, first the Watershed's
relationship with Puget Sound Regional Council (PSRC). He noted this was important because funds
directed through WRIA 8 via Puget Sound Regional Council could be used in Edmonds. He noted most
of WRIA 8's funding was from the Salmon Recovery Funding Board which focused on river projects and
from the King County Conservation District that must be used on projects in King County. WRIA 8 staff
was directed to apply for a grant whereby they could obtain funds to review building codes in the region
to promote low impact development. He noted if WRIA 8 obtained the grant, Edmonds could obtain
some consulting to assist in developing watershed - friendly building codes. In March the committee
planned to take a field trip; the public was welcome to attend.
Edmonds City Council Approved Minutes
January 22, 2008
Page 15
Councilmember Olson reported Snohomish County Tomorrow and South Snohomish Cities will meet
seashore later this month. She next reported that last year the Seashore Forum had a representative from the
Forum Seattle City Council but not the Mayor's office; this year it had a representative from the Mayor's office
but the Seattle City Council had decided not to participate due to an agreement regarding who voted on
issues and funding sources. The group developed a letter to the State legislature urging them, when
considering tolls, to work with local communities on impacts and to consider providing mitigation. She
noted a toll on 520 would have traffic impacts on northend cities such as Bothell.
Edmonds Councilmember Wilson advised the Edmonds Crossing committee had not met but he met informally
crossing with Community Services Director Stephen Clifton and Administrative Services Director Dan Clements
committee to discuss a strategy to secure funds for the City's transportation initiatives. He noted there was
tremendous opportunity for funding in Washington DC because Senator Murray was the chair of the
Senate Transportation Committee. He encouraged staff, the Mayor and Councilmembers to contact the
s, on m puco I delegation to ensure they were aware of the City's needs. He was in Olympia yesterday to speak to the
resolution the Council passed last week in support of a UW campus in Snohomish County.
SnoCom Councilmember Dawson reported SnoCom would be electing officers at their meeting on Thursday. She
reported a meeting of the joint committee consisting of the Chairs and Vice Chairs of SnoCom and
SnoPac met to discuss plans to purchase a new Computer Aided Dispatch (CAD) system for both
agencies within the next 5 -7 years. She was hopeful the two agencies could coordinate their purchase due
to the positive safety impacts as well as potential cost savings for both agencies. The meeting included
discussion regarding hiring a consultant to develop a needs assessment of the public safety agencies in
Snohomish County using funding from E -911.
Community Councilmember Dawson reported there had been a change on the Community Transit Board due to
Transit population increases. Previously the two largest cities, Edmonds and Lynnwood, had seats on the Board,
three seats for medium size cities and two seats for smaller cities. Due to population increases, there were
now three cities in Snohomish County defined as large cities - Edmonds, Lynnwood and Marysville.
There was discussion at the meeting to change the bylaws so that each of the large cities could continue to
have a seat on the Board which was not well received by the medium and small cities. State law requires
nine board members with two from the County Council and seven from cities. No change was made to
the bylaws, leaving the three large cities vying for two seats. A decision was ultimately made that she
remain on the Board representing Edmonds along with Marysville Mayor Kendall; Ted Hikel and Lisa
Utter, Lynnwood Councilmembers, were appointed as the two alternates but Lynnwood would not have a
seat on the Board.
Councilmember Dawson advised former Councilmember Marin served on the Community Transit Board
Sound Transit as well as on the Sound Transit Board. The Sound Transit Board consists of the Snohomish County
Executive, a representative from Everett and a representative of the Community Transit Board who must
be a south county city member. Snohomish County Executive Reardon has indicated his intent to appoint
her to the seat vacated by former Councilmember Marin. Her appointment was awaiting confirmation by
the Snohomish County Council.
0. MAYOR'S COMMENTS
Mayor Haakenson advised the Council would not be meeting next Tuesday as they did not meet on the
fifth Tuesday of the month.
11. COUNCIL COMMENTS
Council President Plunkett expressed his thanks to the representatives of the LaRouche Political Action
Committee for speaking to the Council, and was pleased when young people expressed their opinion to
the Council.
Edmonds City Council Approved Minutes
January 22, 2008
Page 16
Council President Plunkett thanked Councilmember Wambolt for his efforts with regard to the waterfront
development including keeping the Council informed. He advised the Council retreat would be held on
City Council I February 1 and 2 at the Clearwater Resort in Suquamish which could be reached by taking the Kingston
Retreat ferry and driving for approximately 15 minutes.
Proposed. Councilmember Wambolt referred to an article in the Seattle PI regarding HB 2977 and SB 6577, bills
House Bills re: that would make it easier for property owners to appeal their property assessment. He noted on the
Appealing surface this may sound good; however, as the article indicated, the primary benefactors were likely to be
Property
Assessment commercial property owners because they had the resources to retain experts to assist in lowering their
assessment. Homeowners may have to make up the resulting revenue shortfall created by the reduction in
the value of commercial properties.
AWC Councilmember Olson advised several Councilmembers were attending the Association of Washington
Legislative
Conference I Cities annual conference in Olympia on January 30 and 31.
waterfront Councilmember Wilson commented the process with regard to the waterfront property was in the middle
Property stages and it was incumbent on the Council to drive the process forward. He looked forward to
Redevelopment discussing it at the retreat. He noted although several cities that had reinvented their downtown including
Seattle, Spokane, Baltimore, etc., there were few examples of a city like Edmonds - a suburban city with a
waterfront, rail, ferry and other amenities. He pointed out the City had a great responsibility because if
done right, the development could be a standard for other areas. He referred to Mr. Snyder's suggestion
that the Council begin with a review of the existing Comprehensive Plan and ordinances regarding what
was possible. Mayor Haakenson suggested that be provided at the retreat. Councilmember Wilson
requested it also be reviewed at a Council meeting.
Amique Man Councilmember Bernheim referred to the concept of purchasing the Antique Mall property for a park with
Property no productive value as a straw -man proposal, noting the public wanted alternatives including public uses
Alternatives to be considered. He noted those alternative uses had yet to be determined because the resources
available to the public were minuscule compared to the resources expended by the property owners, the
Port and the City to promote the concept developed to -date. He recalled the amount paid to the consultant
was approximately $180,000. He anticipated different ideas could be developed by paying a consultant
$10,000 to $15,000. He had several ideas for the Antique Mall property that he offered to share at the
Council retreat. He found it unfair to judge the proponents of these alternatives by the standards of the
professional consultants. He cited as an example the old shopping center being transformed by PCC that
would not only be a beacon for Edmonds shoppers but be on magazine covers worldwide. He looked
forward to involving the people who opposed the alternatives proposed to date in a cooperative process
and if necessary financing development of other ideas.
Councilmember Dawson commented the discussion regarding what might be a tourist draw reminded her
of the process the PFD went through before settling on a performing arts center. She suggested reviewing
that information and that process. She pointed out considerably more than $10,000 to $15,000 would be
required for a serious master planning process, thus the importance of reaching some consensus on
whether there would be a public component to the process before investing public resources.
Councilmember Dawson relayed Mr. Snyder's recommendation to notice the AWC conference and
dinner as a public meeting as Councilmembers Bernheim, Wilson and Councilmember Olson and she
planned to attend.
Student Representative Scheibert reported last week Edmonds - Woodway High School discontinued the
use of Styrofoam lunch trays, eliminating a considerable amount of garbage. She encouraged other
Edmonds City Council Approved Minutes
January 22, 2008
Page 17
schools to take the issue up with the school administration, noting they had encountered little resistance
and it was an easy way for schools to stay environmentally conscious and aware.
12. ADJOURN
With no further business, the Council meeting was adjourned at 10:20 p.m.
Edmonds City Council Approved Minutes
January 22, 2008
Page 18