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.
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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.
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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).
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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
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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
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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
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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
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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.
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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.
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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
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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.
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