01/03/1995 City CouncilAPPROVED CITY COUNCIL AMVUTES
Approved 1/17195
EDMONDS CITY COUNCIL APPROVED MINUTES
JANUARY 3, 1995
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Laura Hall in the Library
Plaza Room, 650 Main Street. The meeting was preceded by the flag salute.
ELECTED OFFICIALS PRESENT
Laura Hall, Mayor
John Nordquist, Council President
Steve Dwyer, Councilmember
Dave Earling, Councilmember
Barbara Fahey, Councilmember
William J. Kasper, Councilmember
Michael Hall, Councilmember
Tom Petruzzi, Councilmember
ALSO PRESENT
Ellenann Chiddix, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Tom Miller, Police Chief
Michael Springer, Fire Chief
Art Housler, Administrative Services Director
Jim Walker, Acting City Engineer
Rob Chave, Planning Manager
Noel Miller, Superintendent of Public Works
Tom King, Facilities Maintenance Supervisor
Scott Snyder, City Attorney
Rhonda March, City Clerk
Sandy Chase, Deputy City Clerk
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
DWYER, TO APPROVE THE AGENDA. MOTION CARRIED.
2. CONSENT AGENDA ITEMS
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
KASPER, TO APPROVE THE CONSENT AGENDA.
Councilmember Hall stated that he would like to pull item F from the Agenda. The motion was rescinded.
Councilmember Hall requested an explanation of item F, Acknowledgment of Receipt of Claim for
Damages. City Attorney Snyder suggested discussing details of a Claim for Damages in Executive
Session. Councilmember Hall stated he would withdraw his request.
Councilmember Fahey pointed out there are corrections to the minutes of December 20, 1994.
COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER HALL,
TO PULL ITEM D, APPROVAL OF THE DECEMBER 20, 1994 MINUTES, FROM THE
CONSENT AGENDA. MOTION CARRIED.
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January 3, 1995
Page 1
COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER HALL,
TO APPROVE THE MINUTES OF DECEMBER 20, 1994, WITH THE CORRECTION
AS SUBMITTED BY COUNCILMEMBER KASPER. MOTION CARRIED.
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
FAHEY, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION
CARRIED. The items approved are as follows:
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF DECEMBER 13, 1994 (deferred from December 20,
1994)
(C) APPROVAL OF SPECIAL MEETING MINUTES OF DECEMBER 19, 1994
(E) APPROVAL OF CLAIM WARRANTS #946396 THRU #946506 FOR WEEK OF
DECEMBER 19 AND CLAIM WARRANTS #945756 THRU #946656 FOR WEEK
OF DECEMBER 26, 1994; AND PAYROLL WARRANTS #946815 THRU
#946788 FOR THE PERIOD OF DECEMBER 1 THRU 15, 1994
(F) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM TOM P.
CONOM (not less than $50,000)
�l (G) AUTHORIZATION FOR MAYOR TO SIGN "ASCAP" LICENSING
PSeA P AGREEMENT FOR PERFORMING ARTS
evi(H) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE TWO (2) CHEMICAL
l' STORAGE CONTAINERS
(I) APPROVAL OF CABARET LICENSE APPLICATION FOR PANZINI'S
RESTAURANT
(J) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW
UPHOLDING APPEAL OF HEARING EXAMINER'S DECISION TO GRANT
APPROVAL OF A VARIANCE TO INCREASE THE MAXIMUM PERMITTED
HEIGHT FOR STRUCTURES AT PROPERTY AT 7222 156TH ST. SW
(APPLICANT: CRAIG & LINDA SUMMERS - FILE NO. V-94-156 /
APPELLANT: MICHAEL HOUNSHELL, ET AL - FILE NO. AP-94-179)
(K) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH BLUMENTHAL
UNIFORMS FOR THE PURCHASE OF POLICE UNIFORMS ($41,440)
3. FAREWELL TRIBUT
E TO COUNCILMEMBER STEVE DWYER AND PRESENTA-
TION OF RESOLUTION OF COMMENDATION BY COUNCIL PRESIDENT JOHN
NORDOUIST ,
Councilmember Earling first presented Councilmember Dwyer with a resolution commending him for
services. This particular resolution was presented in good humor.
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January 3, 1995
Page 2
Council President Nordquist invited Councilmember Dwyer's family to come forward. Mr. Dwyer's wife,
Karen, and son, David, joined him during the presentation. Council President Nordquist recounted three
comments the former Mayor Naughton stated when Mr. Dwyer first came on the Council. One was the
fact that Mr. Dwyer has a commitment to the community; second was Mr. Dwyer's special sensitivity to
the youth of the community; and, third was Mr. Dwyer's ability to make good decisions.
Council President Nordquist presented flowers to Karen Dwyer in appreciation and as a remembrance of
tonight. He next presented the following Resolution to Steve Dwyer:
RESOLUTION NO. 805 OF THE EDMONDS CITY COUNCIL COMMENDING
STEPHEN J. DWYER FOR HIS SERVICES TO THE CITY OF EDMONDS
The Resolution acknowledged Mr. Dwyer's eleven years of service and that he was the youngest
Councilmember in the City's history. He represented Edmonds for 11 years on the Board of Directors of
SnoCom, ultimately chosen to be its chairman; and also represented South Snohomish County cities on the
Board of Directors of the Snohomish County Enhanced 911 project, ultimately becoming its chairman.
The Resolution further commended and thanked Councilmember Dwyer for his long and distinguished
service. It expressed the appreciation of the Mayor and City Council and extended their best wishes to Mr.
Dwyer for his continued success.
Council President Nordquist next presented Mr. Dwyer with a plaque expressing appreciation for his
service as a Councilmember. Finally, a pen and pencil set was also presented.
Mayor Hall formally read into the record Mr. Dwyer's letter of resignation which was addressed to City
Clerk Rhonda March:
This letter is to formalize my previously announced decision to resign from the City Council
effective January 10, 1995. My last Council meeting will be the meeting of January 3.
I was appointed to the City Council by Mayor Naughton on January 30, 1984. Upon the
effective date of my resignation, I will have served 3 weeks shy of eleven years. Without
question, this time passed by quickly.
It has been the greatest of honors to have worked on behalf of the City and its citizens.
Very truly yours, Steve Dwyer
Councilmember Dwyer expressed appreciation to City staff members with whom he has worked over the
years, to Councilmembers with whom he has served, and to former Mayor Naughten who originally
appointed Mr. Dwyer to the Council. He particularly expressed thanks to Art Housler, Administrative
Services Director. He believes the City of Edmonds is a community comprised of people of good will who
are led by people of good will. His experience as a Councilmember has been a very pleasing one, but it is
now time to turn the page and he is very excited to take on his new challenge.
The meeting recessed at 7:20 p.m. for refreshments. The meeting reconvened at 7:40 p.m.
4. AUDIENCE
Mr. Rob Morrison, 250 Beach Place, thanked the City Council and the City for putting in a good sound
system.
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January 3, 1995
Page 3
k�Mr. Rob King, 20503 88th Avenue West, stated he lives on the street that the City is managing an LID
construction project on which started on November 15. He wanted to express to the Council the difficulties
the residents of his street are going through. He stated he was involved in the process of getting the LID
J' going with Gordy Hyde, Engineering Coordinator. Mr. King acknowledged that Mr. Hyde was open and
active with the community up to the beginning of this project. Through the process, Mr. King stated all the
residents were asked to fill out a form and include comments about concerns. Mr. King's major concern
was that the construction work not take place in the middle of winter. Because of the bid process, the work
did not begin until November 15. Therefore, the residents have had disrupted access to their homes. He
feels the residents have been subjected to conditions that go beyond what would be considered normal and
ordinary. All the residents have been stuck in mud in trying to get in and out of their homes. He is aware
of one of the residents having to call 911 several times to get people to stop from either four -wheeling
through the ruts, or to get people towed out. Garbage service has been discontinued because the trucks get
stuck. Further, Mr. King indicated damage has been done to private property and no care or caution has
been used with the equipment doing the work. Mr. King concluded stating the residents will be asked to
pay for this LID. He does not feel the residents should have to pay for costs associated with trying to
undertake a project in the middle of winter.
City Attorney Scott Snyder advised the Mayor and Council that it has been the Council's policy not to
allow the audience participation portion of the meeting to become an impromptu public hearing on issues.
If there are further speakers on the subject, Mr. Snyder suggested they appoint a spokesperson.
Ms. Barbara Goronczy, 20507 88th Avenue West, commented that she agrees with and shares all of Mr.
King's concerns. She added that the property south of her property (uphill) has been drained. The water
drained from that property has ended up in her yard and she is not happy about that. She would like to
know what could be done about it. Further, her fence was torn down in the process.
Mayor Hall informed the audience that the Acting City Engineer is present at this meeting, and suggested
that residents could speak with him at this meeting and also call in to the City tomorrow.
Dr. Paul R. Kent, 15515 72nd Avenue West, addressed an issue related to the Summers Property Hearing
(the Findings of Fact on this matter were approved earlier in the meeting). Dr. Kent stated this was a very
complicated and drawn out case made larger and more complicated by a great deal of legal expense on the
0�9 part of those who were constructing the residence. It has resulted in a great deal of property value being
taken from neighbors. Dr. Kent reminded the Council of the details surrounding this issue beginning in
1992. Through the process, the end product is an attached 3-car garage with solarium in the set back area,
nearly 16% of the square footage of the residence is located within the set back area, two stories on the
garage are located within the set back area, two stories of the house are within the set back area, the
structure is 29.2 feet above grade, and there is a room over the garage clearly suitable for human
habitation. Dr. Kent stated this has happened and enormous harm has been done to the neighborhood
because there are not policies and procedures in place to take care of unelected officials making decisions
that should never be made by unelected officials without some sort of review by the community, and
especially the City Council.
City Attorney Scott Snyder reminded those present that the City staff denied the initial design. It was the
decision of the City's Hearing Examiner overturning the staffs interpretation which permitted the design to
be built. That was the second appeal and never came to the City Council. The Hearing Examiner is a
person hired by the City by contract. If the argument is that this was done by someone who is not an
elected official, that is correct. If the argument is that this was not part of the City's appeal process, that
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January 3, 1995
Page 4
appeal process does provide for an appeal to the City Council. To say that it was a staff decision,
however, is inaccurate.
Mr. Al Rutledge, 7101 Lake Ballinger Way, commented regarding several issues. The first issue
concerned medical insurance for dogs and cats. He wanted the Council to be aware this may become an
issue for the City in covering the costs. The second issue concerned the budget. He did not see where in
the budget the $500,000 owed the City by Mountlake Terrace can be found, nor the $120,000 owed the
L City by Shoreline. He requested information be forwarded to him concerning these funds. The third issue
concerned a recent application for employment in the City. The age referenced on the application was 49
�►' years of age for the position of a patrolman/officer. He recommended the age be changed to 65 to 70 years
(� of age. The fourth issue dealt with cable TV. He believes HBO and Showtime should be dropped by the
City.
if
Mayor Hall clarified that the City of Edmonds does not discriminate by age or any other way.
Ms. Margaret Doyle, 20425 88th Avenue West, addressed the Council concerning the response she
receives from 911, and the communications between 911, the City Engineering Department, and the City
�. Police and Fire Departments. She lives on the road that is having the LID construction. On December 10
she called 911 because there was a pick up truck tearing up the roadway. By being persistent with the 911
dispatcher she persuaded him to contact the Police Department. -A police officer came out and as a result
the Fire Department was contacted. The Fire Department representative stated although the road wasn't
safe it was accessible and informed Ms. Doyle that if there were any problems she should contact 911. On
the next day, she spoke to Gordy Hyde, Engineering Coordinator, who also assured Ms. Doyle that 911
should be called when Public Works or the Engineering Department is not available. He stated he would
talk to the Police and Fire Department to be sure they were apprised of the situation. Ms. Doyle further
informed the Council that on December 26 a guest at her home had his car stuck in the mud, and she called
911. The Police Officer who came out informed her that it was a closed road and there was nothing that
could be done about it. Ms. Doyle stated she is in the process of filing a claim against the City regarding
this matter and she wanted to go on record as to the problems she is having with 911 dispatch in a situation
that is often an emergency situation because of the construction of this LID. On this date she spoke to Jim
Walker, Acting City Engineer, and he informed her that he would do what he could with regard to the
communication between the Fire, Police and City Engineering Departments. Ms. Doyle further placed a
call to Police Chief Tom Miller. Chief Miller stated he would send a missive to all patrolmen and Fire
Department employees so that they would be apprised of the situation. Ms. Doyle stated this is exactly
what she asked Gordy Hyde on December 10. Therefore, she would like the Council to take a look at the
facts and see that a precedent for negligence is being established by the City Engineering Department's
treatment of this problem.
Mr. Roger Hertrich, 1020 Puget Drive, commented that in a very short period of time the City will lose all
the ferry traffic driving through Edmonds, both north and south. He suggested Council provide funding, if
necessary, for a traffic study/count of both major highways leaving the City (196th/Puget Drive and SR
104). He pointed out this is a perfect opportunity to get a comparison as to what regular traffic uses these
streets versus what ferry traffic contributes at the present time. When the ferry traffic is taken away, it will
be possible to get a very accurate account of the other activities that go on. This is one of the few
opportunities that will occur in order to make this kind of comparison.
Mayor Hall mentioned that Jim Walker, Acting City Engineer, is accessible at this meeting and will be
available in the small meeting room behind the Plaza. Meeting Room to meet with those present who would
like to.
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January 3, 1995
Page 5
5. SELECTION OF COUNCIL PRESIDENT
Council President Nordquist stated that in 1980 when the Council developed the program of Council
President, one of the guidelines established was that anyone who will be running for office during the
calendar year of the Council President would not be eligible to serve as Council President. He noted five
members of the present Council will be running for election this coming year along with the Mayoral seat.
Therefore, he stated he would like to nominate Councilmember Petruzzi as Council President.
COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER
EARLING, TO NOMINATE COUNCILMEMBER PETRUZZI AS COUNCIL
PRESIDENT FOR 1995. MOTION CARRIED.
6. SELECTION OF COUNCIL PRESIDENT PRO TEM
COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER
EARLING, TO NOMINATE COUNCILMEMBER FAHEY AS COUNCIL PRESIDENT
PRO TEM FOR 1995. MOTION CARRIED.
Q�
At this time, the newly elected Council President Petruzzi presented a plaque to the outgoing Council
President Nordquist. The plaque expressed the Council's appreciation for his strong and positive
leadership in 1994.
Outgoing Council President Nordquist commented that it is a pleasure serving the City. He noted this year
starts his 28th year serving on the City Council, and he served 3 years on the Planning Commission before
Q that. He also expressed his appreciation to the Mayor and Council for their patience during this last year
and standing by him.
7. COUNCIL PRESIDENT - APPOINTMENT OF COMMITTEE REPRESENTATIVES
Council President Petruzzi distributed a copy of the committees along with the designated Councilmembers
who will serve on each committee. They are as follows:
Communi Transit:
Dave Earling, Chair, and Michael Hall, Alternate
Edmonds Visitor Bureau:
Barb Fahey
Medic 7 and SnoCom:
Tom Petruzzi
Salary Task Force:
Dave Earling, Bill Kasper, and John Nordquist
Snohomish Co. Health District:
John Nordquist and Michael Hall
Snohomish Co. Economic Development Council: Bill Kasper (alternate to Mayor))
Disability Board:
Bill Kasper and new Councilmember
Cultural Arts & Convention District:
Barbara Fahey
Port of Edmonds Liaison:
New Councilmember
Professional Consultant Selection:
Bill Kasper and John Nordquist
Snohomish County Tomorrow:
Michael Hall (alternate to Mayor)
Council Committees:
Finance:
John Nordquist and new Councilmember
Public Safety:
Michael Hall and Dave Earling
Community Services:
Bill Kasper and Barb Fahey
Snohomish County Tourism:
Barb Fahey
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January 3, 1995
Page 6
Council President Petruzzi stated that when the new Councilmember comes on Board, he would like to take
a look at the work load. If there are any Councilmembers who feel they would rather drop one of the
committees, perhaps the new Councilmember could take on that role.
Mayor Hall suggested it may be better to have someone who is not new to the Council serve on the
Disability Board. Council President Petruzzi responded he served on the Board as a new Councilmember
and found no difficulty in serving.
Regarding appointments outside of this list, Council President Petruzzi stated there have been a number of
special assignments. He requested that the Mayor run these special assignments by him and the Council.
He believes that the Council should be in agreement on who will be serving on what special assignment. It
also gives all Councilmembers an opportunity to look at an assignment.
Council President Petruzzi further stated he would like to reaffirm that Councilmember Hall is working on
the Mountlake Terrace Consolidation Committee, and Mr. Petruzzi would like Mr. Hall to continue on that.
Councilmember Fahey is also working on that Committee, and Mr. Petruzzi would like her to continue.
Fire Chief Michael Springer clarified that there is a merger study going on between the Fire Departments of
Mountlake Terrace and Edmonds, and consolidation is another issue. The committee that Councilmembers
Hall and Fahey are serving on is the merger study for fire. He stated consolidation was mostly talked about
in reference to the Esperance Area and Snohomish County Fire District 1 and joining up with the Edmonds
Fire Department. That is not the study that Councilmembers Hall and Fahey are working on.
Council President Petruzzi stated another item would be the discussion of the consolidation for contractual
services with Snohomish County Fire District 1 which Councilmember Hall is now working on. It is Mr.
Petruzzi's preference that Mr. Hall continue in this capacity.
City Attorney Snyder advised the Council that a motion would be in order to confirm the appointments. In
addition, he pointed out the Council has developed a number of assignments. When the ordinance was last
amended on City Council appointments, at that time it was added that the City Council President is
authorized to approve certain assignments for payment as additional meetings. As those appointments are
made whether tonight or some future agenda, Mr. Snyder suggested designating which of those will be paid
so there is an audit trail.
COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
NORDQUIST, THAT THE 1995 COMMITTEES AND DESIGNATED
COUNCILMEMBER POSITIONS FOR THESE COMMITTEES BE ACCEPTED AS
PRESENTED. MOTION CARRIED.
Regarding the Consolidation Committee for Fire District 1, Councilmember Petruzzi designated that this be
a paid position for those meetings.
.8. CONTINUED DISCUSSION ON DOWNTOWN/WATERFRONT PLAN AND
RELATIONSHIP TO LAND USE & TRANSPORTATION ELEMENTS OF
\ COMPREHENSIVE PLAN
Rob Chave, Planning Manager, stated he would like to receive feedback from the Council regarding
�Y concerns, issues, or items requiring additional information involved in updating the Comprehensive Plan.
,V QY
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January 3, 1995
Page 7
The newly updated Plan is trying in large matter to keep a status quo; to be consistent. with the character of
the community; to recognize the long history of positive things that Edmonds has done to protect not only
single family neighborhoods, but also planning for future development and future changes that do occur; as
well as meeting the intent of the Growth Management Act. When meeting with the other entities in the
Puget Sound region, Edmonds is frequently held up as an example of how to do a lot of things right. Mr.
Chave stated one of the main underlying principles they have taken in looking at the Comprehensive Plan
and giving it an update is not to change the overall direction or character of the community,. They are also
trying to address strategically where the opportunities lie, mainly in the downtown/waterfront area and
trying to afford some connections and improvements, and also looking at some of the opportunities that the
public agencies near Highway 99 have provided. Some of these opportunities include the hospital's plans
for the future, and the school district's improvements with the idea of joining together in doing some
community planning.
Mayor Hall stated there is a need to keep on top of the hospital's plans. Mr. Chave commented he believes
it will be a year or two before the hospital has a clear picture of what direction they are going.
Councilmember Earling stated the one unresolved issue is the Transportation Plan. He would like some
feedback on how the information on that element will work its way through the system so the Council can
reflect on that information in connection with the Waterfront Plan and other Growth Management issues in
the City. Mr. Chave stated the Transportation Plan from its outset had assumed that the ferry terminal
would be relocating to the Point Edwards site. If it is assumed that all the transportation elements, such as
commuter rail, ferry traffic, pedestrian traffic, buses, etc., coalesce in the waterfront area, its impact on SR
104 is going to be similar. With that assumption, Mr. Chave stated he feels it is possible to proceed with
looking at the land use because that aspect of the transportation system is not going to change. One of the
overall principles in looking at this Comprehensive Plan update is an understanding that within the next two
years there will be a lot more information about some of the other planning efforts that is going on with the
Regional Transit Authority, Community Transit, and the other entities involved in the planning picture for
the region. Part of the other entities' planning depends on what the City of Edmonds is doing with land use.
Councilmember Earling asked if Mr. Chave is convinced on the short term basis (before the ferry dock is
moved) that the City has allowed for enough parking for additional impacts. Mr. Chave responded
negatively. He stated there are a lot of efforts going on to try and analyze what the parking picture is. One
if the things they have discussed in Community Services is trying to conduct a detailed study of parking this
year. He pointed out the parking question is really an implementation question. The details are not known
yet; that information is part of the multimodal project. He stated staff is aware that parking is an issue that
needs a close look.and it is budgeted this year to do a detailed study.
Councilmember Nordquist inquired about the suggestion made earlier by Roger Hertrich concerning
conducting a traffic study when the lull occurs in the ferry terminal usage. Mr. Nordquist agreed that this
would be an appropriate time to do a parking study. Mr. Chave also agreed that it is an excellent idea.
Council President Petruzzi further agreed that Mr. Hertrich's idea is very good, and it would behoove the
City to be set up to start a ferry traffic study during the window of time the ferry traffic is closed.
Mr. Chave asked if the Council is comfortable with the overall direction of the Downtown/Waterfront Plan.
Staff has been looking at the information that Rob Morrison forwarded on behalf of the 3MT Committee.
Staff would like to get into more detail about their comments at a future meeting. One of the things that
has come up during the public discussion is that there has occasionally been some concern voiced regarding
the drawings. The drawings were intended to be ideas only.
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January 3, 1995
Page 8
Councilmember Kasper stated he is concerned about the 6,000 population limitation except for
annexations. He believes this limitation should be in the document. Mr. Chave clarified that Mr. Kasper
was referring to the General Land Use Policies document, and stated it does need some updating. The
document needs to reflect the 6,000 population for the year 2010. He clarified further that this would be
6,000 additional people running from the last census of 1990. He informed the Council that Edmonds'
future expectation for development is basically about the same as the last decade, very slow. It would be
under 1 % population growth per year.
Councilmember Kasper also commented that in reading through the material, it is stating that the Comp
Plan is becoming the zoning map. He is concerned about the hospital moving into the commercial property
line and he has stated that many times. The land to the north is already zoned multi family, so it is usable.
Further, he does not understand why it is proposed coming north of 7th and 8th Avenue in the Downtown
Plan. If this becomes a map showing this is the downtown area, the expansion to commercial could be
wide open and he does not think the people on the hill are aware of that.
Mr. Kasper continued that he would like to have Mr. Chave come forward with information as to where the
6,000 population increase will be dispersed, by districts.
Using the overhead projector, Mr. Chave pointed out there are two general activity center areas. One is the
downtown/waterfront activity center, and the second is the area near 76th Ave. and Highway 99. People
have always been concerned that the label of "activity center" means that it will be a downtown Seattle/big
business/multi family development zone. In Edmonds, it is envisioned that activity centers will be a mix of
uses - not just a high intensity, multi family, commercial development zone. It also encompasses significant
areas of single family. He believes small lot single family is very much a part of what is desired for a
pedestrian activity area for an attractive place to live. Small lots of 6,000 sq. ft. is about as small as can be
found any where in the region. These small lots form a vital part of the mixture of uses that are desired in a
downtown area. They are trying to say that transit works for single family as well as multi family; single
family fits within the Vision 2020 Regional Plan for transit -friendly mixed -use development. There needs
to be a balance between housing and jobs in order to encourage more people to live closer to where they
work and therefore reducing the number of cars on the road.
Councilmember Kasper stated staff has gone into the 12,000 zone and left out a lot of the 6,000 zone in the
map of the downtown section. Everything above 9th Avenue and. all the way to 1 lth is RS-6,000 south of
Daley. Mr. Chave clarified that some of the RS-6,000 is not included in the downtown area.
Councilmember Kasper further indicated another area of concern is the Westgate area. That plan has not
been adopted by the Council. Mr. Chave stated the Planning Board has had hearings on Westgate, and
they are in the final stages of reaching a decision. He expects it will come before the Council later this
month.
Councilmember Fahey stated one of her biggest concerns is access to the waterfront. She commented there
is a grandiose plan especially for the development of the waterfront. As time goes by, it will be more
difficult to access it. There is only one overpass scheduled in the Comp Plan and that is at James Street.
i She asked why there is only one overpass being looked at? Why are we not considering pedestrian
overpasses at Dayton and Main Street especially if we are eventually hoping to create a scenario where
there would be transient moorage coming in for day trips at the foot of Main Street once the ferry moves?
Her other concern is car access. She pointed out there will be more and more commuter trains going
through the City as well as freight trains will be on the increase. Ms. Fahey would feel more comfortable if
something was articulated concerning searching out a way to give the citizens access to the waterfront on a
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January 3, 1995
Page 9
continuing basis. She feels the Port is going to suffer and economic development will suffer because people
cannot access the Port, and the citizens will suffer because they will not be able to access the Port and
waterfront.
City Attorney Scott Snyder commented that Councilmember Fahey raises an important point, and one that
came up during the train speed hearings. The WUTC staff proposal included providing for fencing at the
foot of Sunset Avenue and at Ocean Avenue, two areas where lots are low enough that citizens utilize those
areas to access the beaches. If those fences were erected, they would have to be erected pursuant to the
Shoreline Management Program. Mr. Snyder indicated this could lead to a City SEPA requirement for
pedestrian overpasses.
Mr. Chave concluded stating he will be working with Council President Petruzzi on scheduling additional
discussions on the Comprehensive Plan.
9. REVIEW OF COUNCIL VACANCY PROCESS AND ESTABLISH TIME TABLE
Council President Petruzzi distributed copies of Ordinance No. 1626 to the Mayor and Council. This
ordinance establishes a procedure for filling Council vacancies. In addition, a copy of the supplementary
questionnaire to the resume was attached.
'U Responding to questions, City Attorney Snyder, stated that if the time lines stated in the ordinance are not
met, the Council could amend the ordinance. These are rules established by the Council and they were
established under old 30 day time frame limits as opposed to the new 90 day time frame.
Council President Petruzzi suggested discussing the dates for filling the vacancy this week, and then next
week set the dates. Regarding the supplementary questionnaire, he feels the seven questions are good and
should be continued in an application form. Mayor Hall suggested reconsidering the first part of question
number 4.
Responding to questions, City Attorney Snyder suggested that Ordinance No. 1626 be repealed. He will
bring back an ordinance. Mayor Hall asked if this was the consensus of the Council. No comments were
received.
Through discussion, it was determined that notice would be sent out immediately. The applications need to
be submitted to the City Clerk by Tuesday, January 24. Interviews will take place on Saturday, January
28, beginning at 8:00 a.m. Nominations and voting will take place on Tuesday, January 31.
Councilmember Hall discussed concerns about question number 3 in the supplementary questionnaire. It
asks what the applicant considers are the City's major problems, and asks for solutions. Mr. Hall feels this
may put an applicant in a position to say how they will vote ahead of time on an issue. Council President
Petruzzi feels this question is more of a philosophical approach versus giving away how an applicant would
vote. Councilmember Hall also raised a concern about the question regarding campaigning for election.
Council President Petruzzi feels this question shows the commitment of the applicant. Mr. Hall wants to be
sure that an applicant does not come back to say they are discriminating against them because of this issue.
Mr. Petruzzi stated that he will be looking at that answer as just one answer in a series of answers; the
Council will be looking toward the person who is most qualified.
Councilmember Nordquist commented that he would like to see information provided with the application
indicating the time commitment that is required when serving as a Councilmember. He noted there are at
Approved City Council Minutes
January 3, 1995
Page 10
least four meetings a month on Tuesday nights which can become time consurning in themselves. In
addition, there are obligations for other boards and commissions. Councilmember Hall agreed and
suggested a synopsis be provided of what the average time commitment has been during the last term.
Council President Petruzzi suggested including the preparation time for meetings which is substantial.
Councilmember Fahey commented that when she went through this process, she did not have a concern
with question number 3 in the supplementary questionnaire. She feels the applicants ought to be able to
articulate what they see as the problems that they would at least like to have addressed and to offer their
views on them. She does not feel this locks anyone into a definite vote. She feels the question as it is
written or some form definitely should stay in the questionnaire. Councilmember Fahey also indicated her
belief that the citizens should have access to the information of who all the candidates are before the final
decision is made. This allows an opportunity for citizens to provide input before the vote is taken. She
wants to be sure this information is given to the press.
Mayor Hall suggested the information of who the candidates are could be read into the record at a televised
meeting.
Councilmember Hall suggested interviewing the candidates during a televised meeting in order for the
citizens to be able to see who the candidates are. Council President Petruzzi noted his concern of an
applicant who may "choke up" in front of a television camera, and then the Council would not get the full
benefit of meeting that candidate. The Saturday meeting will be public, and anyone who would like to
come can come and listen. He feels more realistic results can be obtained in a less formal setting. Mayor
Hall suggested scheduling a time where the candidates could sit in the front row at a televised meeting and
be introduced on camera. Councilmember Hall commented he feels the bigger concern is that the public
has an opportunity to go through this process with the Council. Anything that can be done to have the
candidates placed before the public would be good. Council President Petruzzi stated that he would be in
favor of introducing the candidates at the, January 24th Council meeting. He suggested the City Clerk
notify the candidates of this opportunity.
Council President Petruzzi confirmed that the notice will go out immediately. All questionnaires will be
required to be returned by Tuesday, January 24. Interviews will be Saturday, January 28, starting at 8:00
a.m. The interviews will be 20 minutes each. The nominations and elections will be completed on January
31. In addition, each candidate will be introduced at the Council meeting of January 24.
10. APPOINTMENTS BY MAYOR TO BOARDS AND COMMISSIONS
Mayor Hall stated it has been recommended to her by the respective Boards that Peggy Olson, Library
Board, and Keith Leasure and James Young, ADB Board, be reappointed for another term. They have all
done excellent jobs in their positions on these Boards and wish to be reappointed. Mayor Hall concurs with
these recommendations.
Mayor Hall asked for the confirmation of Peggy Olson for the term of 1/1/95 - 12/31/99 on the Library
ci! Board, and Keith Leasure and James Young for the terms of 1/1/95 - 12/31/98 on the ADB Board.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT
PETRUZZI, TO CONFIRM THE NOMINATIONS OF PEGGY OLSON TO THE
LIBRARY BOARD AND KEITH LEASURE AND JAMES YOUNG TO THE ADB
BOARD.
Approved City Council Minutes
January 3, 1995
Page 11
Councilmember Kasper asked if these individuals all comply with the ordinance with regard to the
additional terms. Mayor Hall responded affirmatively.
MOTION CARRIED.
Councilmember Hall thanked Peggy Olson, Keith Leasure and James Young for their service.
11. MAYOR
Mayor Hall referred to a report that she received from the Attorney General concerning the transportation
hearings. The report recommends increasing the passenger and freight train speeds within the city limits.
It also recommends the repair of the fencing at Brackett's Landing Park, the construction of fencing along
Sunset and Ocean Avenues, and the placement of a stop sign at a private crossing. Mayor Hall commented
she feels these measures are total band -aids. She is hopeful that the number of trains going through will be
reduced. She stated they have been pressing for the route at Stampede Pass to open and she is told by
Burlington Northern that they will know by January 12 if that will come to fruition. Through discussion, it
was determined that this report is the opinion of the Attorney General, and the decision has not been
provided.
Councilmember Fahey inquired if the speeds are going to be increased is there a time stated when that
would happen. Theoretically the trains do not need the increase until the commuter trains start running.
The freight trains would need to increase speeds in order to accommodate the commuter trains. She noted
it is 4 years out before a commuter train would conceivably run. City Attorney Snyder responded stating
the decision has not been received. Councilmember Earling clarified the issue was not so much of the
commuter rail that would be part of the RTA, but to try and comply with Amtrak speed requirements and
intercity rail speed requirements.
Mayor Hall next referred to a letter before the Council from Tom Saxon, 7508 Ridgeway, Edmonds,
98026, stating he would be out of town regarding the Perrinville Annexation. Council President Petruzzi
►' pointed out a small error in Mr. Saxon's letter. Mr. Saxon referred to a $3 Million figure and it would be
closer to $300,000.
Mayor Hall discussed a Notice of Appeal from the Snohomish County Fire District Protection District No.
1, Appellant, versus Snohomish County, et al, Snohomish County Boundary Review Board, City of
Edmonds, Olympic View Water District. She indicated the appeal arrived on this date.
Mayor Hall referred to a memorandum received from the City Attorney's Office concerning the incinerator.
jo City Attorney Snyder stated the memo was written to confirm that their understanding was that if they were
not getting satisfactory progress out of the City's past consultant, they were authorized to bring suit. He is
concerned about statute of limitation issues. Mayor Hall stated she has received an additional letter on this
date that the City Attorney has not seen and suggested an Executive Session may be needed.
12. COUNCIL
Council President Petruzzi stated there is a very full agenda for January 17. Two of the items on that
agenda were tentatively scheduled and he does not see how they could be accommodated on January 17.
One of the items is a Presentation by Citizen Bicycle Group, and Mr. Petruzzi recommended scheduling
this presentation for January 24 and that it be placed at the beginning of the agenda. The other item is a
hearing on the Dogs in the Park issue and Mr. Petruzzi recommended scheduling this hearing for February
21.
Approved City Council Minutes
January 3, 1995
Page 12
Council President Petruzzi next requested that the Mayor and Council be provided with an ongoing
litigation report from the City Attorney. He suggested the report could be updated monthly. The updated
verbiage each month should be underlined, and indicate who the legal counsel is that is updating it.
Mayor Hall stated in years past the Council Resource Person provided a monthly calendar regarding the
litigation issues, hearings, land use issues, etc. She suggested this could be accomplished for less money.
Council President Petruzzi stated the time commitment on the part of the City Attorney should be minimal.
City Attorney Snyder indicated he felt the time commitment would be about 15 minutes a month. He will
speak to Mark Bucklin concerning the cases being handled by WCIA. Mayor Hall stated she would like to
make sure this is coordinated so there is not double payment.
Councilmember Hall suggested having the monthly report be made available for the public without
compromising any privileges or confidences. City Attorney Snyder indicated this would need to be a
separate report. Mr. Hall feels it is appropriate that the citizens be allowed a periodic report as well.
Council President Petruzzi stated that to the extent that it would not infringe upon attorney/client
confidentiality which could in the long run injure the citizen then he would not have a problem.
Mayor Hall noted that the Claim for Damages are already placed on Council agendas and are public
information. She suggested a listing of litigation that is ongoing by title and by subject matter be provided.
City Attorney Snyder stated he would provide two reports for the first meeting in February.
Council President Petruzzi requested the Council's permission to speak with the City Attorney for
approximately one hour. Because he is new to the position of Council President, he would like to be sure
he is staying within the bounds of what he is supposed to do.
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER
DWYER, TO AUTHORIZE COUNCIL PRESIDENT PETRUZZI TO SPEND ONE
HOUR WITH THE CITY ATTORNEY TO DISCUSS COUNCIL PRESIDENT DUTIES.
MOTION CARRIED.
Q Council President Petruzzi next discussed the Council retreat, and he believes it is very important to be held
as quickly as possible. He suggested the dates of March 3 and 4. He will bring this matter up again next
week in order to begin discussing topics, structure, and who needs to attend.
Councilmember Dwyer commented it has been fun serving as a Councilmember and he will miss it.
Councilmember Kasper stated the Council received a memorandum regarding the meeting to be held on
January 9 concerning the storm water ordinance. He asked if the information was given to the people that
, are directly affected like the builders. He suggested if not, then notice should be sent out tomorrow.
Councilmember Nordquist reported on a story that was on the front page of the Enterprise this week. It
indicated there was an event to take place on the east part of Lake Ballinger. It is a water skiing event. No
indication has been made that the Mayor or Council Offices have been contacted regarding this event. Mr.
Nordquist spoke with the City Engineer at Mountlake Terrace, and he indicated the event would be held on
the east side of the lake, and they were suspending their ordinance on internal combustion engines on their
part of the lake. Mr. Nordquist informed him that the City of Edmonds' ordinance on internal combustion
engines is still in place for the west side of the lake. One of the residents in that area came to Mr.
Nordquist on this date to voice concern because it is expected that 6,000 - 8,000 people will be on the
shores watching this event. Mr. Nordquist stated he informed the Mountlake Terrace City Engineer that
the lake is loaded with dead heads from the days when it was a logging camp, and there are a lot just under
the surface, making it unsafe for water skiing. He further raised the issue that for years the City of
Approved City Council Minutes
January 3, 1995
Page 13
Edmonds participated financially in the restoration of the lake with Metro, Lynnwood, and the County.
Mr. Nordquist noted we are no longer putting money in this effort. This event will likely undo the
restoration efforts. When Mr. Nordquist asked the Mountlake Terrace City Engineer why this effort was
no longer ongoing, he stated it was because of budget cuts. Mr. Nordquist noted concern with a lack of
cooperation by the City of Mountlake Terrace in not notifying our city.
Councilmember Hall congratulated Steve Dwyer on his long tenure as a Councilmember as well as his
recent election as District Court Judge.
COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER HALL,
TO EXTEND THE MEETING. MOTION CARRIED.
Councilmember Fahey thanked Councilmember Earling for correcting the statement that she made
concerning commuter rail. She wanted to clarify for the public's understanding a couple of matters
concerning the trains. She inadvertently referred to the trains as commuter trains. In reality it is a
passenger train that possibly would be running up to Vancouver that is the reason why they are saying it
will be necessary to increase the freight train speeds so that the passenger train can run on time. It had
absolutely nothing to do with the potential commuter rail that will be running between Everett and Tacoma
in the future if the RTA bond issue is passed. Ms. Fahey stated that when she had the opportunity to ride
the commuter train, she learned that if a commuter train were to be consistently running on those tracks, the
tracks would have to be upgraded to a grade 1 or 2.. This means they would have to be inspected every day
and the actual train tracks running along the Edmonds waterfront would be much safer than they are -now.
There are rarely derailments on train tracks that are upgraded to that standard. Ms. Fahey is not saying
that increased train speeds are desirable or anything that is desired for Edmonds, however, the people need
to understand that at least it will be safer with commuter rail if the tracks are upgraded under that plan.
Councilmember Fahey further commented about audience remarks concerning a decision of the Hearing
Examiner. She believes the public should know there is a new Hearing Examiner. The past Hearing
Examiner chose not to continue in that position and a new one has been appointed.
Councilmember Fahey also informed the Council and public that Edmonds was thanked and congratulated
for providing matching funds to help the Alderwood Rotary Project on the Boys and Curls Club. The
Edmonds Rotary is very appreciative of that.
Councilmember Fahey commented that the Council consistently approves or accepts Claim for Damages.
She would like to be made aware of the outcome of these claims and requested an update be provided.
Concluding her remarks, Ms. Fahey stated she will miss Steve Dwyer. She expressed her thanks for his
wisdom and insight, and has enjoyed working with him this last year.
Councilmember Earling commented he has appreciated the opportunity of working with Steve Dwyer the
past three years. In particular he appreciated Mr. Dwyer's keen mind, clear thinking, and analytical
abilities. He wished Mr. Dwyer good luck in his new job.
Mayor Hall also stated she has appreciated working with Mr. Dwyer, and expressed her good wishes to
him.
The meeting adjourned at 10:10 p.m.
THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL
COUNCIL MEETINGS. CAN BE LOCATED IN THE CITY CLERK'S OFFICE.
Approved City Council Minutes
January 3, 1995
Page 14
AGENDA
EDMONDS CITY COUNCIL
PLAZA MEETING ROOM - LIBRARY BUILDING
7:00 -10:00 p.m. '
JANUARY 3, 1995
CALL TO ORDER - 7:00 P.M.
FLAG SALUTE
1. APPROVAL OF AGENDA
2. CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF DECEMBER 13, 1994 (deferred from December 20, 1994)
(C) APPROVAL OF SPECIAL MEETING MINUTES OF DECEMBER 19, 1994
(D) APPROVAL OF MINUTES OF DECEMBER 20, 1994
(E) APPROVAL OF CLAIM WARRANTS #946396 THRU #946506 FOR WEEK OF DECEMBER 19 AND CLAIM
WARRANTS #945756 THRU #946656 FOR WEEK OF DECEMBER 26, 1994; AND PAYROLL WARRANTS
#946815 THRU #946788 FOR THE PERIOD OF DECEMBER 1 THRU 15, 1994
(F) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM TOM P. CONOM (not less than $50,000)
(G) AUTHORIZATION FOR MAYOR TO SIGN "ASCAP" LICENSING AGREEMENT FOR PERFORMING ARTS
(H) AUTHORIZATION TO CALL FOR BIDS TO PURCHASE TWO (2) CHEMICAL STORAGE CONTAINERS
(1) APPROVAL OF CABARET LICENSE APPLICATION FOR PANZINI'S RESTAURANT
(J) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW UPHOLDING APPEAL OF HEARING
EXAMINER'S DECISION TO GRANT APPROVAL OF A VARIANCE TO INCREASE THE MAXIMUM
PERMITTED HEIGHT FOR STRUCTURES AT PROPERTY AT 7222 156TH ST. SW (APPLICANT: CRAIG &
LINDA SUMMERS - FILE NO. V-94-156 / APPELLANT MICHAEL HOUNSHELL, ET AL - FILE NO. AP 94-179
(K) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH BLUMENTHAL UNIFORMS FOR THE
PURCHASE OF POLICE UNIFORMS ($41,440)
3. (20 Min.) FAREWELL TRIBUTE TO COUNCILMEMBER STEVE DWYER AND PRESENTATION OF RESOLUTION
OF COMMENDATION BY COUNCIL PRESIDENT JOHN NORDQUIST
4. AUDIENCE
5. (5 Min.) SELECTION OF COUNCIL PRESIDENT
6. (5 Min.) SELECTION OF COUNCIL PRESIDENT PRO TEM
7.
(10 Min.)
COUNCIL PRESIDENT -APPOINTMENT OF COMMITTEE REPRESENTATIVES
8.
(30 Min.)
CONTINUED DISCUSSION ON DOWNTOWNMATERFRONT PLAN AND RELATIONSHIP TO LAND USE &
TRANSPORTATION ELEMENTS OF COMPREHENSIVE PLAN
9.
(15 Min.)
REVIEW OF COUNCIL VACANCY PROCESS AND ESTABLISH TIME TABLE
10.
(5 Min.)
APPOINTMENTS BY MAYOR TO BOARDS AND COMMISSIONS
11.
(5 Min.)
MAYOR
12.
(15 Min.)
COUNCIL
Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours
advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed
telecast of this Meeting appears the following Wednesday evening at 7.00 p.m. on Channel36, and the following Friday
and Monday at noon on Channel 32.