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01/03/2006 City CouncilJanuary 3, 2006 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Deanna Dawson, Council President Michael Plunkett, Councilmember Richard Marin, Councilmember Mauni Moore, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember ALSO PRESENT Michael Bowker, Intern Brandon Schmitt, Student Representative STAFF PRESENT Thomas Tomberg, Fire Chief David Stern, Chief of Police Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Dan Clements, Administrative Services Director Jennifer Gerend, Economic Development Dir. Dave Gebert, City Engineer Steve Bullock, Senior Planner Frances Chapin, Cultural Services Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. ADMINISTRATION OF OATH OF OFFICE TO NEWLY- ELECTED OFFICIALS City Clerk Sandy Chase administered the Oath of Office to Councilmember Michael Plunkett. Court of Appeals Judge Stephen Dwyer administered the Oath of Office to Councilmembers Dawson and Wambolt. Councilmember Wambolt thanked his family for attending, Judge Dwyer for administering the Oath of Office and his supporters for their faith in him. He promised to work hard to live up to his supporters' expectations and to do better than those who did not support him anticipated. 2. RECEPTION IN HONOR OF NEWLY- ELECTED OFFICIALS Mayor Haakenson recessed the Council to a reception in honor of the newly elected officials. 3. APPROVAL OF AGENDA Mayor Haakenson relayed staff s request to remove Consent Agenda Item E, Report on Bids Received on ageneato December 12, 2005 for the Purchase of One New Fire- Rescue Boat and Authorization to Accept a Bid in the Amount of $199,869.00 from Northwind Marine, Inc. He noted this item would be rescheduled. Councilmember Marin added the following matter: Consideration of a Moratorium on the MPOR Zone as Agenda Item 1OB. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes January 3, 2006 Page 1 4. CONSENT AGENDA ITEMS Councilmember Marin requested Item N be removed from the Consent Agenda so that he could abstain from the vote. Councilmember Moore requested Item H be removed from the Consent Agenda. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 6, 2005. (C) APPROVAL OF CLAIM CHECKS #84218 THROUGH #84400 FOR THE WEEK OF DECEMBER 5, 2005, IN THE AMOUNT OF $399,177.13, CLAIM CHECKS #84401 THROUGH #84571 FOR THE WEEK OF DECEMBER 12, 2005, IN THE AMOUNT OF $397,092.62, CLAIM CHECKS #84572 THROUGH #84710 FOR THE WEEK OF DECEMBER 1.9, 2005, IN THE AMOUNT OF $493,521.38, AND CLAIM CHECKS #84726 THROUGH #84799 FOR THE WEEK OF DECEMBER 26, 2005, IN THE AMOUNT OF $169,912.90. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #42284 THROUGH #42349 FOR THE PERIOD NOVEMBER 16 THROUGH NOVEMBER 30, 2005 IN THE AMOUNT OF $892,943.94, AND #42350 THROUGH #42410 FOR THE PERIOD DECEMBER 1 THROUGH DECEMBER 15, 2005 IN THE AMOUNT OF $826,480.35. (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM DON AND ROSE LAMEY (AMOUNT UNDETERMINED), IRENE WEISS (AMOUNT UNDETERMINED), AND PAUL STERN (AMOUNT UNDETERMINED. (F) REPORT ON BIDS OPENED DECEMBER 20, 2005 FOR THE GLEN-DALEY ALLEY IMPROVEMENTS PROJECT AND AWARD OF CONTRACT TO PRECISION EARTHWORKS, INC. ($67,744). (G) PROPOSED SECOND AMENDMENT TO INTERLOCAL OPERATING AGREEMENT BETWEEN THE CITY OF EDMONDS AND THE EDMONDS PUBLIC FACILITIES DISTRICT. (I) APPROVAL OF TOWING SERVICES CONTRACT. Willow Cree (J) REPORT ON FINAL CONSTRUCTION COSTS FOR THE WILLOW CREEK and Marina STORMWATER OUTFALL EXTENSION AND MARINA BEACH EMERGENCY Beach I REPAIRS PROJECT AND COUNCIL ACCEPTANCE OF PROJECT. (K) AUTHORIZATION FOR MAYOR TO SIGN SUPPLEMENTAL AGREEMENT NO. 4 TO THE PROFESSIONAL SERVICES AGREEMENT WITH PERTEET ENGINEERING FOR THE DESIGN OF 220TH STREET SW IMPROVEMENTS (NINTH AVENUE SOUTH TO 84tH AVENUE WEST) PROJECT. (L) AUTHORIZATION FOR MAYOR TO SIGN 2006 NATIONAL SOFTBALL ASSOCIATION GIRLS FASTPITCH SOFTBALL WORLD SERIES AGREEMENT BETWEEN THE NSA, CITY OF EDMONDS AND CITY OF LYNNWOOD. (M) AUTHORIZATION FOR MAYOR TO SIGN RECREATIONAL SERVICES AGREEMENT WITH SOUTH COUNTY SENIOR CENTER. Edmonds City Council Approved Minutes January 3, 2006 Page 2 (0) ORDINANCE NO. 3579 - AMENDING THE PROVISIONS OF EDMONDS CITY CODE Municipal 2.15.030, RENUMBERING PARAGRAPH B AS C, CHANGING THE QUALIFICATIONS FOR EDMONDS MUNICIPAL JUDGE, ADDING NEW PARAGRAPH B, CHANGING THE POSITION OF EDMONDS MUNICIPAL JUDGE FROM AN APPOINTED POSITION TO AN ELECTED POSITION, SETTING TERM AND COMMENCING DATE, PROVIDING FOR SEVERABILITY AND ESTABLISHING AN EFFECTIVE DATE. (P) ORDINANCE NO. 3580 - AMENDING THE PROVISIONS OF ECDC 18.05.000(A)(6), AND ECDC 18.05.030(B)(3) RELATING TO UTILITY WIRES. Consent Agenda Item H: Approval of Findings of Fact and Conclusions of Law Regarding the Closed Record Review of a Consolidated Application by Don Drew, Property Owner, and Ed Lee of the Hotel Sunset Ave N. Group, for a Contract Rezone, Master -Plan Approval and Design Review for the Property Located at IXX (Hotel Group) Sunset Avenue North Councilmember Moore suggested the Council consider tabling the Findings of Fact tonight, noting there was not necessarily a time limit on their adoption. She explained the reason she suggested tabling the Findings of Fact was she assumed there was no objection by the Council to having the employment base provided by development on the lot or objection to having the lot developed. She felt the Council was underserved by the process and proposed a staff committee be developed comprised of City Attorney Scott Snyder and Development Services Director Bowman to either rewrite the contract rezone so that it satisfied the three Councilmembers who voted against it or to clarify the MPOR zone. She noted the Councilmembers' specific objections could be addressed via a rewrite of the contract rezone. Mr. Snyder explained the State sets as a guide that decisions should be made within 120 days of application. He stated frequently he and/or Mr. Bowman work with an applicant when a rezone has been approved to clarify the contract rezone terms. He noted it was not unusual for the Council to approve a rezone and remand the contract to staff for negotiation and clarification. He cautioned this would require some indication that the process would proceed; clarifying the contract rezone if the project would not be approved could be problematic. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF THE FINDINGS OF FACT AND CONCLUSIONS OF LAW. Councilmember Wambolt stated that on the advice of Mr. Snyder he would abstain unless his vote was needed in the event of a deadlock. Mr. Snyder explained if Councilmember Wambolt's vote were necessary to pass the Findings, there were a number of preliminary steps that would be necessary for him to participate including further advertising, Appearance of Fairness Doctrine review, etc. (A vote was not taken on the motion stated above.) COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER OLSON, TO TABLE THE APPROVAL OF THE FINDINGS OF FACT AND CONCLUSIONS OF LAW WITH STAFF REWRITING THE CONTRACT REZONE. MOTION FAILED (2 -5), COUNCILMEMBERS MOORE AND OLSON IN FAVOR, AND COUNCILMEMBERS MARIN, DAWSON, PLUNKETT, ORVIS, WAMBOLT OPPOSED. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING THE CLOSED RECORD REVIEW OF A CONSOLIDATED APPLICATION BY DON DREW, PROPERTY OWNER, AND ED LEE OF THE HOTEL GROUP, FOR A CONTRACT REZONE, MASTER -PLAN APPROVAL AND DESIGN REVIEW FOR THE PROPERTY LOCATED AT 1XX SUNSET AVENUE NORTH (CONSENT AGENDA ITEM H). Edmonds City Council Approved Minutes January 3, 2006 Page 3 Councilmember Moore advised she would support the motion as the Findings of Fact were a procedural history of what occurred at the meeting and fairly represented the discussion. MOTION CARRIED (6 -0 -1), COUNCILMEMBER WAMBOLT ABSTAINED. Item N: Proposed Resolution Thanking Councilmember Richard L. Marin for his Service as Council President COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF ITEM N. MOTION CARRIED (6 -0 -1), COUNCILMEMBER MARIN ABSTAINED. The item approved is as follows: (N) RESOLUTION NO. 1114 - THANKING COUNCILMEMBER RICHARD L. MARIN FOR HIS SERVICE AS COUNCIL PRESIDENT 5. INTRODUCTION OF NEW STUDENT REPRESENTATIVE FROM MEADOWDALE HIGH SCHOOL BRANDON SCHMITT. Councilmember Marin introduced new Student Representative Brandon Schmitt, a senior at Meadowdale High School and described his interests and plans for the future. Student Representative Schmitt thanked the Council for the opportunity and promised to do his best. 6. SELECTION OF COUNCIL PRESIDENT FOR 2006 Mayor Haakenson opened the floor for nominations. COUNCILMEMBER PLUNKETT NOMINATED COUNCILMEMBER DAWSON AS COUNCIL PRESIDENT FOR 2006. COUNCILMEMBER MARIN SECONDED THE MOTION. COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO CLOSE NOMINATIONS. MOTION CARRIED UNANIMOUSLY. Councilmember Moore recalled at the last meeting she commented on the Council vision. As Councilmember Dawson assumed a leadership role on the Council, she offered her the opportunity to comment on plans, goals, opportunities and communication plan she envisioned for the coming year. Councilmember Dawson envisioned the role of the Council President as a team leader and to collaborate with the Council. She commented that although Councilmembers may disagree, they all had the best interest of the City at heart. Each Councilmember had a different style and different talents, the role of the Council President was also to assist Councilmembers in achieving their goals. She commented collaboration and cooperation among Councilmembers would be a priority this year due to dissention in the recent past. There were a number of important issues facing the Council including the Comprehensive Plan update and including the Public Safety Element in the Comprehensive Plan and she looked forward to the Council working together with staff and the public to establish transparency in the process and to achieve the public's trust. THE VOTE ON THE NOMINATION FOR COUNCILMEMBER DAWSON AS THE COUNCIL PRESIDENT FOR 2006 CARRIED (6 -0 -1), COUNCILMEMBER DAWSON ABSTAINED. 7. SELECTION OF COUNCIL PRESIDENT PRO TEM COUNCILMEMBER ORVIS NOMINATED COUNCILMEMBER PRITCHARD-OLSON AS COUNCIL PRESIDENT PRO TEM FOR 2006. COUNCILMEMBER PLUNKETT SECONDED Edmonds City Council Approved Minutes January 3, 2006 Page 4 COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO CLOSE NOMINATIONS. MOTION CARRIED UNANIMOUSLY. THE VOTE ON THE NOMINATION FOR COUNCILMEMBER PRITCHARD -OLSON AS COUNCIL PRESIDENT PRO TEM FOR 2006 CARRIED UNANIMOUSLY. 8. APPOINTMENT OF COMMITTEE REPRESENTATIVES BY COUNCIL PRESIDENT Committee Representative Community Serv. /Dev. Serv. Committee Michael Plunkett, Mauri Moore Finance Committee Ron Wambolt, Peggy Olson Public Safety Richard Marin, Dave Orvis Community Outreach Mauri Moore, Michael Plunkett, Peggy Olson Community Transit Richard Marin, Mauri Moore (alt) Disability Board Deanna Dawson, Dave Orvis Downtown Edmonds Parking Michael. Plunkett Economic Development Advisory Board. Ron Wambolt Edmonds Crossing Project Multimodal) Dave Orvis, Ron Wambolt Highway 99 Task Force Richard Marin, Michael Plunkett, Ron Wambolt Historic Preservation Advisory Comm. Michael Plunkett Long Range Task Force Dave Orvis, Richard Marin Lodging Tax Advisory Committee Dave Orvis SnoCom Deanna Dawson PFD Oversight Committee Peggy Olson, Mauri Moore Port of Edmonds Ron Wambolt SeaShore Transportation Forum Peggy Olson, Mauri Moore Snohomish County Health District Richard Marin. Snohomish County Tomorrow Peggy Olson WIRA -8 Deanna Dawson 9. RESOLUTION NO. 1115 - APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. COUNCIL PRESIDENT DAWSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPOINT COUNCILMEMBER RICHARD MARIN TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. MOTION CARRIED UNANIMOUSLY. 10A. RESOLUTION NO. 1116 - APPOINTING COUNCILMEMBERS TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS. COUNCIL PRESIDENT DAWSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO APPOINT COUNCI.LMEMBER RICHARD MARIN TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS AND COUNCILMEMBER MAURI MOORE AS AN ALTERNATE. MOTION CARRIED UNANIMOUSLY. 10B. CONSIDERATION OF A MORATORIUM ON THE MPOR ZONE. Councilmember Plunkett recommended placing a moratorium on the new MPOR zone which consists primarily of an area on Sunset and Main and to the north. He recommended the Council hold a public hearing where the Council could gather input from the public with regard to the MPOR zone and then Edmonds City Council Approved Minutes January 3, 2006 Page 5 remand the zone to the Planning Board for continued work. He noted the procedures with regard to the MPOR zone were vague which placed the City in a potentially legally liable position as it was not clear enough what could be constructed in the MPOR zone. He noted an application could be submitted for the other properties in that zone, placing the City in the same position it has been in for the past 5 -6 months. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF ORDINANCE NO. 3581, (VERSION 2) TO ESTABLISH A MORATORIUM ON THE MPOR ZONE IN CONJUNCTION WITH A PUBLIC HEARING WITH THE INTENT THAT THE COUNCIL WOULD SEND THE MATTER BACK TO THE PLANNING BOARD FOR ADDITIONAL REVIEW AND PERHAPS OTHER OPTIONS AND ALTERNATIVES FOR THIS TRANSITIONAL ZONE. Councilmember Plunkett clarified Version 2 was an emergency ordinance that became effective immediately and required a super majority of five members of the Council to pass. Version 1 required only four members of the Council to pass and would be effective in the usual length of time. Mr. Snyder relayed that February 7 was available for the public hearing and if that date was acceptable to the Council, it would be inserted into Section 2. Councilmember Marin spoke in opposition to the motion, commenting he was not satisfied that ample time had elapsed to allow development to occur under the zone as adopted. He noted the Council had been through a laborious process to develop and adopt the MPOR zone and he did not find it appropriate to establish a moratorium on development in that zone at this early date. He also questioned how the Council could provide adequate guidance to the Planning Board. Councilmember Plunkett commented the alternative was to leave the zone as is which may result in the same exercise that occurred with the last application. He noted the MPOR zone as originally drafted was too vague which left the City legally liable. His intent would be via more work at the Planning Board to make the MPOR zone something that was good for the residents of the neighborhood, the property owners, and the downtown area as well as the entire community. He acknowledged the property on Sunset had the potential for economic development but development must also provide the necessary transition required by the zone. He was confident following a public hearing the Council could provide direction to the Planning Board. Councilmember Moore commented although she could easily vote for the moratorium, she must follow her conscience and vote against it. She agreed the Council worked hard to develop the MPOR zone. She noted this zone must provide transition to the MPOR zone to the north as well as to the properties across the street. She referred to the current moratorium on development in downtown in excess of 25 -feet, noting there had not been any applications for development downtown and she did not expect any applications for the next year. She concluded a moratorium was unnecessary and would send the wrong message. Councilmember Olson expressed concern with the Council's tendency to refer issues to the Planning Board without adequate direction. The Planning Board then reviewed the issue and forwarded a recommendation to the Council and the Council voted against their recommendation. Councilmember Orvis spoke in support of the motion, agreeing that changes to the MPOR zone were necessary. Acknowledging it may be frustrating to adopt an ordinance and then subsequently change it, he agreed it was appropriate to make changes to the MPOR zone. The proposed motion would provide an opportunity for a public hearing so that clear direction could be provided to the Planning Board. Council President Dawson commented that regardless of how one felt about the prior project, there were issues associated with the MPOR zone that needed to be addressed. She urged the Council to approve the Edmonds City Council Approved Minutes January 3, 2006 Page 6 moratorium via an emergency ordinance, putting the moratorium in place immediately, to avoid submittal of an application during the interim 10 day period before the ordinance became effective. Mayor Haakenson restated the motion as follows: COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DECLARING A MORATORIUM ON APPLICATIONS TO REZONE, CONTRACT REZONE OR OTHERWISE REDEVELOP PROPERTY PURSUANT TO CHAPTER 16.77 (MPOR ZONE), SETTING A PUBLIC HEARING DATE OF FEBRUARY 7, 2006, REFERRING CERTAIN MATTERS TO THE EDMONDS PLANNING BOARD, DECLARING AN EMERGENCY AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. UPON ROLL CALL, MOTION FAILED TO ACHIEVE A SUPER MAJORITY (4 -3), COUNCIL PRESIDENT DAWSON AND COUNCILMEMBERS PLUNKETT, WAMBOLT AND ORVIS IN FAVOR; AND COUNCILMEMBERS OLSON, MOORE AND MARIN OPPOSED. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, DECLARING A MORATORIUM ON APPLICATIONS TO REZONE, CONTRACT REZONE OR OTHERWISE REDEVELOP PROPERTY PURSUANT TO CHAPTER 16.77 (MPOR ZONE), SETTING A PUBLIC HEARING DATE OF FEBRUARY 7, 2006, REFERRING CERTAIN MATTERS TO THE EDMONDS PLANNING BOARD, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. UPON ROLL CALL MOTION CARRIED (4 -3), COUNCIL PRESIDENT DAWSON AND COUNCILMEMBERS WAMBOLT, PLUNKETT, AND ORVIS IN FAVOR; AND COUNCILMEMBERS MOORE, OLSON, AND MARIN OPPOSED. 11. AUDIENCE COMMENTS Jan Barrett, Edmonds, displayed a photograph of a condominium's electrical vault, taken from her front porch, to illustrate the impact that rezoning and subsequent construction at Holly /Walnut /51h had on her Holly, walnut property. She explained the electrical vault was less than 50 feet from the entrance to her home, the and 5" Ave. cyclone fence between her property and the condominium was 6 -feet high and the electrical vault was approximately 8 feet above grade which prevented her from constructing a fence to obscure the equipment. She recalled when neighbors inquired when the foundation was initially poured, they were told it was a bike rack. Another neighbor was assured the vault would not exceed 3 -4 feet. She challenged the Council to consider whether this had a positive, neutral or negative affect on the livability, desirability, and marketability of adjacent properties. She recalled the formerly residential property was rezoned via a 4 -3 vote of the Council with data that the condominium would extend 15 feet onto the property and would include underground parking and at grade landscaping. All of these items were changed after the rezone was approved. She urged the Council to keep this picture in mind when considering a rezone and she encouraged homeowners to be vigilant as what they were told was not always what was built. She summarized the residents had been underserved by the process. Frank Yamamoto, Running in Motion, presented a check for $3,000 to the City for the Hurricane Relief Fund to benefit the adopted city of Bay St. Louis, Mississippi. He explained the check was a donation from their first 5K Run /Walk, Run Rudolf Run, held on December 17th. He recognized the many participants, volunteers and sponsors who made the event possible. Mayor Haakenson expressed the City's thanks to Mr. Yamamoto for the donation. Jeff Mackey, Edmonds, referred to Consent Agenda Item F, improvements to the Glen - Daley Alley, explaining the drainage plan did not address the problem that arose from the work the City completed last Edmonds City Council Approved Minutes January 3, 2006 Page 7 March. He reported significant water problems in their basement as a result of the work the City did which interrupted the natural flow of an underground spring in the area. He acknowledged there was a problem in the alley that the proposed project would address but the project would not address the problem they experience in their basement because their property is below the alley. He recalled they were required to spend thousands of dollars in improvements for engineering and construction of drainage to avoid creating problems for their neighbors. Before the City's project, they had no problems with water in their basement, however, once the project was completed in March, the subsequent rains created problems in their basement, problems that continue. He referred to standing water on the curb in front of their house which would also not be addressed by the proposed improvements. He requested the project be postponed until their concerns were addressed by the City's Engineering Department. Natalie Shippen, Edmonds, recalled approximately a year ago the ferry system asked that the temporary designation be removed from the existing ferry terminal. When Edmonds did not agree, the matter was referred to the Thurston County Superior Court who upheld the State's position that the term temporary could be removed. She asked whether the City had appealed that decision. She recalled the City had a 15 -year agreement with the ferry system during which the ferry system agreed they would try to relocate the ferry terminal to Pt. Edwards; 8 years of that agreement have lapsed. She asked whether the Court's decision also made that agreement no longer applicable. Roger Hertrieh, Edmonds, referred to the change made to the Council procedures on December 6 that would not allow public comments to include commentary that promoted or opposed candidates for public office or ballot measures. He recalled the change referred to campaign periods and asked whether that applied all year or only during a specific period. He pointed out the revised language did not refer to any penalty or who would enforce the rule. He assumed the revised language would also prohibit Councilmembers from speaking in support or opposition to a candidate or ballot measure. He asked whether this procedure would apply to school levies, questioning whether it was the Council's intent to prohibit the public from speaking in support of school levies and bond issues. He questioned the necessity of the revision to the Council procedures and challenged the Council to enforce the procedures when he spoke in support of a school bond issue. In response to Mr. Mackey's question, City Engineer Dave Gebert advised the City had received a letter from Mr. Mackey and planned to provide a written response. Mr. Gebert explained the area on Daley between 91h Avenue and Olympic had a history of groundwater, springs and marsh areas. The City has received complaints from property owners in the area regarding an increase in groundwater since the City completed the sewer repair project on Daley Street. That project replaced a deteriorated sewer main in Daley Street with a new sewer main in the same location. He explained the City's development codes did not govern or regulate groundwater and it was typically not the City's responsibility to address groundwater on private property, which was the responsibility of the property owner. Historically the City has only constructed improvements to address groundwater issues when groundwater caused a significant impact to an improved right -of -way or a City -owned structure within a right -of -way or easement. He explained in this instance, because the groundwater was surfacing in the alley and impacting the driving surface, the City was undertaking a construction project to establish a drain system in the alley to collect and route the groundwater into the stormwater system. He noted the drainage system in the alley would provide a drainage system to which property owners along the alley could connect private drainage systems. With regard to the ponding in front of the Mackey's home, he advised staff would be considering how to address that issue possibly via additional paving. With regard to the funds Mr. Mackey spent on a drainage system, Mr. Gebert noted storm detention was a requirement of construction and differed from ground water. Mr. Gebert recommended the City proceed with the project in the Glen - Daley alley due to the situation in the alley as well as providing a system to which private property owners could connect. Edmonds City Council Approved Minutes January 3, 2006 Page 8 In response to Ms. Shippen's question, Community Services Director Stephen Clifton advised after consultation with the City Attorney, the City chose not to appeal the Judge's decision based on a read of the decision which stated the City did not have the ability to determine what could happen to a State facility. In the opinion of the City Attorney, it would be a waste of time and resources to appeal the decision. City Attorney Scott Snyder advised the case was an administrative appeal and did not address the underlying contract to which Ms. Shippen referred. 12. PROFESSIONAL SERVICES AGREEMENT WITH MIKE DOUBLEDAY GOVERNMENTAL RELATIONS. Administrative Services Director Dan Clements explained this was a renewal of the professional services contract with Mike Doubleday for governmental relations. He explained Mr. Doubleday represented the City in a number of legislative issues, the most notable are transportation funding, sales tax sourcing legislation and funding for Edmonds Center for the Arts. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF THE PROFESSIONAL SERVICES AGREEMENT WITH MIKE DOUBLEDAY GOVERNMENTAL RELATIONS. Councilmember Moore commented Mr. Doubleday had done a wonderful job for the City in Olympia and she looked forward to continuing that relationship. MOTION CARRIED UNANIMOUSLY. 13. PROFESSIONAL SERVICES AGREEMENT — PATTON BOGGS LLP GOVERNMENTAL RELATIONS. Community Services Director Stephen Clifton explained the proposed professional services agreement with Patton Boggs LLP, a legal consulting firm located in Washington D.C., was for governmental relations and lobbying services at the federal level in Washington D.C. on the City's behalf. In August the City Council authorized him to issue a Request for Qualifications (RFQ) for the services of a federal lobbyist and established a not -to- exceed amount of $48,000 for a one year period. The RFQ was issued on August 18 and 15 firms submitted Statements of Qualifications. Five firms were interviewed by an interview panel that consisted of Councilmembers Dawson and Olson, Mayor Haakenson, Administrative Services Director Dan Clements and himself. The interview panel unanimously selected Patton Boggs. With the assistance of City Attorney Scott Snyder a professional services agreement was drafted. Mr. Clifton explained he also asked Merck Gootman of Patton Boggs to visit the City, meet with Directors, listen to their concerns and consider how Patton Boggs could assist with the issues the Directors highlighted. At the conclusion of those meetings, Mr. Gootman met with Councilmembers Olson, Dawson and Marin, Mayor Haakenson and the Directors to highlight the issues raised by the Directors. He noted attached to the professional services agreement was the legislative agenda that contained the issues of importance identified by the Directors that Patton Boggs would address at the federal level. Mr. Clifton recommended the Council approve agreement. Councilmember Plunkett asked whether this firm was associated with well -known Congressman Hale Boggs. Mr. Clifton answered Patton Boggs was the largest lobbying firm in Washington D.C. with 400 staff members. Councilmember Plunkett noted Patton Boggs was the most famous lobbying firm in the nation's capital. Mr. Clifton stated another benefit of Patton Boggs was they did not represent any other cities in Washington State so they had no conflict of interest. Edmonds City Council Approved Minutes January 3, 2006 Page 9 COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER MARIN, TO APPROVE THE PROFESSIONAL SERVICES AGREEMENT WITH PATTON BOGGS LLC GOVERNMENTAL RELATIONS. Councilmember Marin pointed out it was important to remember that in lobbying, the result was not always immediate; some of the efforts would take more than one session. Council President Dawson commented on the exhaustive interview process. She agreed having the historic, well -known firm of Patton Boggs representing the City would be beneficial. Councilmember Moore noted Mike Doubleday also had numerous legislative issues he would be addressing for the City, often laying the groundwork for future years. She referred to the list of issues that Patton Boggs would address at the federal level, explaining there were six appropriations and funding issues, four federal policy issues and three other activities. She looked forward to working with Patton Boggs. Councilmember Olson commented Patton Boggs was well represented on both sides of the aisle, very non - partisan. MOTION CARRIED UNANIMOUSLY. 4. PRESENTATION OF RESOLUTION TO COUNCILMEMBER RICHARD L. MARIN FOR HIS SERVICE AS COUNCIL PRESIDENT. Council Council President Dawson read Resolution No. 1114 recognizing Councilmember Marin for his service President as Council President, January through December 2005. Councilmember Marin commented it had been a pleasure to serve on the Edmonds City Council. He recognized Mayor Haakenson, Senior Executive Council Assistant Jana Spellman, City Clerk Sandy Chase and all City staff, noting it was a pleasure to work with so many people whose hearts were in their work. He noted the seven Councilmembers also had their hearts in their work and although they were passionate and did not always agree, they were cordial and got the work of the City done. He commented on viewing other City Council meetings on television during his travels, finding that the same thing happened in cities across the country — different expertise, talents and passions creating a balanced process to serve the citizens. 15. MAYOR'S COMMENTS Mayor Haakenson offered his congratulations to Council President Dawson, Councilmember Plunkett and Wambolt on their election to the City Council. He also offered his congratulations to Council President Dawson on her selection as Council President and Councilmember Olson on her selection as Council President Pro Tern and looked forward to working with both. He wished Councilmember Moore a Happy Birthday on January 6. 16. COUNCIL COMMENTS Council President Dawson echoed the birthday wishes to Councilmember Moore and offered her congratulations to Councilmember Wambolt who was joining the Council for the first time tonight. She also offered her congratulations to Councilmember Plunkett on his reelection. She congratulated Councilmember Olson on her selection as Council President Pro Tem and looked forward to working with her. She thanked the Council for their faith in selecting her Council President and looked forward to the challenges the coming year would bring. She thanked the voters for their support in her reelection. She also thanked campaign volunteers Mike and Crystal Cooper, her youngest campaign volunteer Laura Richards, and her husband Mark for his support. Edmonds City Council Approved Minutes January 3, 2006 Page 10 Councilmember Wambolt commented he was honored to be on the Council and looked forward to an interesting year. Councilmember Plunkett offered his congratulations to Council President Dawson and Council President Pro Tern Olson and expressed his pleasure at Councilmember Wambolt joining the Council. He expressed his thanks to Councilmember Marin for his service as Council President. He commended the Edmonds Fire Department, Edmonds Police Department, Lynnwood Fire Department and Fire District 1 for the spectacular job they did controlling the fire downtown. He expressed amazement that adjacent buildings were not damaged by a fire that large and intense. He acknowledged although little of the building was saved, a much worse situation had been prevented and everyone involved deserved the community's thanks. He wished everyone a Happy New Year and looked forward to the coming year. Councilmember Moore echoed the congratulations especially to Councilmember Wambolt who was joining the Council for the first time. She offered congratulations to Council President Dawson and Council President Pro Tem Olson. With regard to Ms. Bennett's comment about being underserved by the building in front of her house, Councilmember Moore acknowledged that building was a mystery to her as it had been approved prior to her election to the Council. It was her understanding that the building proceeded along two planning tracks, something she suggested the Council consider to prevent that type of misunderstanding from occurring again. She wished everyone a Happy New Year. Councilmember Olson thanked the Council for selecting her as Council President Pro Tem. She advised she participated in the 5K Run Rudolf Run and complimented them on the spectacular job they did rerouting the course because of the fire. She encouraged them to do the run again next year. Student Representative Schmitt offered his congratulations and looked forward to working with the Council in the coming year. Mayor Haakenson echoed Councilmember Plunkett's well deserved commendation of the firefighters and police officers. He also commended the Public Works employees who were on site assisting with debris cleanup. He commended staff for working together,remarking no one worried about job descriptions and just did whatever needed to be done. With no further business,the Council meeting was adjourned at 8:32 p.m. GARY HAAKENSON, MAYOR SANDRA S. CHASE,CITY CLERK Edmonds City Council Approved Minutes January 3,2006 Page 11 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. JANUARY 3, 2006 7:00 p.m. - Call to Order and Flag Salute 1. (10 Min.) Administration of Oath of Office to Newly-elected Officials 2. (20 Min.) Reception in Honor of Newly-elected Officials 3. Approval of Agenda 4. Consent Agenda Items A. Roll Call B. Approval of City Council Meeting Minutes of December 6, 2005. C. Approval of claim checks #84218 through #84400 for the week of December 5, 2005, in the amount of$399,177.13, #84401 through #84571 for the week of December 12, 2005, in the amount of $397,092.62, #84572 through #84710 for the week of December 19, 2005, in the amount of $493,521.38 and #84726 through #84799 for the week of December 26, 2005, in the amount of $169,912.90. Approval of payroll direct deposits and checks • #42284 through #42349 for the period November 16, 2005, through November 30, 2005 in the amount of $892,943.94 and #42350 through #42410 for the period December 1 through December 15, 2005, in the amount of$826,480.35. D. Acknowledge receipt of Claim for Damages from Don and Rose Lamey (amount undetermined), Irene Weiss (amount undetermined), and Paul Stern (amount undetermined). E. Report on bids received on December 12, 2005 for the purchase of one new fire-rescue boat and authorization to accept a bid in the amount of $199,869.00 from Northwind Marine Inc. F. Report on bids opened December 20, 2005 for the Glen-Daley Alley Improvements Project and award of contract to Precision Earthworks, Inc. ($67,744.00). G. Proposed Second Addendum to Interlocal Operating Agreement #2 between the City of Edmonds and the Edmonds Public Facilities District. Page 1 of 3 CITY COUNCIL MEETING AGENDA JANUARY 3, 2006 H. Approval of Findings of Fact and Conclusions of Law regarding the Closed Record Review of a consolidated application by Don Drew, property owner, and Ed Lee of the Hotel Group for a contract rezone, master-plan approval and design review for the property located at 1xx Sunset Avenue North. I. Approval of Towing Services Contract. J. Report on final construction costs for the Willow Creek Stormwater Outfall Extension and Marina Beach Emergency Repairs Project and Council acceptance of project. K. Authorization for. Mayor to sign Supplemental Agreement No. 4 to the Professional Services Agreement with Perteet Engineering for the Design of 220th Street SW Improvements (Ninth Avenue South to 84th Avenue West) Project. L. Authorization for Mayor to sign 2006 National Softball Association Girls Fastpitch Softball World Series Agreement between the NSA, City of Edmonds and City of Lynnwood. M. Authorization for Mayor to sign Recreational Services Agreement with the South County Senior Center. N. Proposed Resolution thanking Councilmember Richard L. Marin for his service as Council President. O. Proposed Ordinance amending the provisions of Edmonds City Code 2.15.030; renumbering paragraph B as C; changing the qualifications for Edmonds Municipal Judge; adding new paragraph B; changing the position of Edmonds Municipal Judge from an appointed position to an elected position; setting term and commencing date; providing for severability and establishing an effective date. P. Proposed Ordinance amending the provisions of ECDC 18.05.000(A)(6), and ECDC 18.05.030(B)(3) relating to utility wires. 5. ( 5 Min.) Introduction of new Student Representative from Meadowdale High School, Brandon Schmidt. 6. ( 5 Min.) Selection of Council President for 2006 7. ( 5 Min.) Selection of Council President Pro Tem 8. ( 5 Min.) Appointment of Committee Representatives by Council President 9. ( 5 Min.) Proposed Resolution appointing a Councilmember to the Snohomish County Health District Board. Page 2 of 3 CITY COUNCIL MEETING AGENDA JANUARY 3, 2006 I10. ( 5 Min.) Proposed Resolution appointing a Councilmember to the Snohomish County Public Transportation Benefit Area Corporation Board of Directors. 11. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 12. ( 5 Min.) Professional Services Agreement with Mike Doubleday Governmental Relations for State legislative support. 13. ( 5 Min.) Professional Services Agreement - Patton Boggs LLP Governmental Relations. 14. (10 Min.) Presentation of Resolution-to Councilmember Richard L. Marin for his service as Council President. 15. ( 5 Min.) Mayor's Comments 16. (15 Mina Council Comments ADJOURN 1 I Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk at(425) 771-0245 with 24 hours advance notice for special accommodations. A delayed telecast of the meeting appears on cable television-Government Access Channel 21. Page 3 of 3