Cm130108EDMONDS CITY COUNCIL APPROVED MINUTES
January 8, 2013
The Edmonds City Council meeting was called to order at 6:01 p.m. by Mayor Earling in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Lora Petso, Council President
Strom Peterson, Councilmember
Frank Yamamoto, Councilmember
Joan Bloom, Councilmember
Kristiana Johnson, Councilmember
Adrienne Fraley-Monillas, Councilmember
ELECTED OFFICIALS ABSENT
Diane Buckshnis, Councilmember
ROLL CALL
STAFF PRESENT
Al Compaan, Police Chief
Jim Lawless, Assistant Police Chief
Stephen Clifton, Community Services/Economic
Development Director
Phil Williams, Public Works Director
Shawn Hunstock, Finance Director
Carrie Hite, Parks & Recreation Director
Rob English, City Engineer
Jeff Taraday, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
City Clerk Sandy Chase called the roll. All Councilmembers were present with the exception of
Councilmember Buckshnis.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO EXCUSE COUNCILMEMBER BUCKSHNIS. MOTION CARRIED
UNANIMOUSLY.
2. APPROVAL OF AGENDA
COUNCILMEMBER YAMAMOTO MOVED, SECONDED BY COUNCILMEMBER PETERSON,
TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
3. APPROVAL OF CONSENT AGENDA ITEMS
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO,
TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda
items approved are as follows:
A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 18, 2012.
B. APPROVAL OF CLAIM CHECKS #135980 THROUGH #136112 DATED DECEMBER
20, 2012 FOR $406,130.47, AND CLAIM CHECKS #136113 THROUGH #136170 DATED
DECEMBER 27, 2012 FOR $427,31130. APPROVAL OF PAYROLL DIRECT DEPOSIT
& CHECKS #51996 THROUGH #52009 AND #52018 FOR $469,129.25, BENEFIT
CHECKS #52010 THROUGH #52017 AND WIRE PAYMENTS OF $219,294.11 FOR THE
PERIOD DECEMBER 1, 2012 THROUGH DECEMBER 15, 2012. APPROVAL OF
PAYROLL DIRECT DEPOSIT & CHECKS #52019 THROUGH #52033 FOR $537,053.65,
BENEFIT CHECKS #52034 THROUGH #52045 AND WIRE PAYMENTS OF $249,837.27
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January 8, 2013
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FOR THE PERIOD DECEMBER 16, 2012 THROUGH DECEMBER 31, 2012.
APPROVAL OF CLAIM CHECKS #136171 THROUGH #136303 DATED JANUARY 3,
2013 FOR $727,429.86.
C. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM ALAN
YALOWICKI AND KELLY BAKER-YALOWICKI ($3,500.98).
D. CONFIRMATION OF REAPPOINTMENT OF PHIL LOVELL, KEVIN CLARKE,
VALERIE STEWART AND IAN DUNCAN TO THE PLANNING BOARD.
E. RESOLUTION NO. 1286 - THANKING COUNCILMEMBER STROM PETERSON FOR
HIS SERVICE AS COUNCIL PRESIDENT.
4. SELECTION OF COUNCIL PRESIDENT FOR 2013.
COUNCILMEMBER BLOOM NOMINATED LORA PETSO FOR THE POSITION OF COUNCIL
PRESIDENT FOR 2013. COUNCILMEMBER FRALEY-MONILLAS SECONDED THE
NOMINATION.
There were no further nominations.
THE VOTE ON THE NOMINATION OF LORA PETSO FOR THE POSITION OF COUNCIL
PRESIDENT FOR 2013 CARRIED UNANIMOUSLY.
SELECTION OF COUNCIL PRESIDENT PRO TEM FOR 2013.
COUNCILMEMBER BLOOM NOMINATED ADRIENNE FRALEY-MONILLAS FOR THE
POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2013. COUNCIL PRESIDENT PETSO
SECONDED THE NOMINATION.
There were no further nominations.
THE VOTE ON THE NOMINATION OF ADRIENNE FRALEY-MONILLAS FOR THE
POSITION OF COUNCIL PRESIDENT PRO TEM FOR 2013 CARRIED UNANIMOUSLY.
6. APPOINTMENT OF COMMITTEE REPRESENTATIVES
Council President Petso commented not everyone received their first choice of committee assignments;
she noted assignments can be reconsidered. As four Councilmembers requested appointment to the single
position on the Economic Development Commission (EDC), she suggested the retreat include discussion
regarding the creation of a second Council position on the EDC.
Committee
Representative
Parks, Planning, & Public Works
Councilmembers Johnson and Buckshnis
Finance Committee
Councilmembers Yamamoto and Frale -Monillas
Public Safety and Personnel Committee
Councilmembers Bloom and Peterson
Citywide Parking Committee
Councilmember Frale -Monillas and Peterson
Community Technology Advisory Committee
Councilmember Yamamoto
Community Transit
Mayor Earling and Councilmember Johnson alt
Economic Development Commission
Councilmembers Bloom and Buckshnis alt
Disability Board
Councilmembers Frale -Monillas and Bloom
FEghway 99 Task Force
Councilmembers Frale -Monillas and Johnson
Historic Preservation Advisory Commission
Council President Petso and Councilmember
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Johnson
Lake Ballinger Work Group
Councilmember Peterson
Lodging Tax Advisory Committee
Councilmember Bloom
PFD Oversight Committee
Councilmember Peterson
PFD Task Force
Council President Petso and Councilmember
Peterson
Port of Edmonds
Councilmember Yamamoto
Regional Fire Authority
Councilmember Peterson, Council President Petso
and Mayor Earlin
SeaShore Transportation Forum
Councilmember Yamamoto
SNOCOM
Councilmember Yamamoto
Snohomish Health District
Councilmember Frale -Monillas
Snohomish County Tomorrow
Councilmembers Buckshnis and Yamamoto
Salmon Recovery — WRIA-8
Councilmember Buckshnis
Tree Board
Councilmember Bloom
Mayor Earling requested the list of appointments be made available to the public tomorrow.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-
MONILLAS, TO CONFIRM THE APPOINTMENTS. MOTION CARRIED UNANIMOUSLY.
7. RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH HEALTH
DISTRICT BOARD.
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER PETERSON,
TO APPROVE RESOLUTION #1287, APPOINTING COUNCILMEMBER FRALEY-MONILLAS
TO THE SNOHOMISH HEALTH DISTRICT BOARD. MOTION CARRIED UNANIMOUSLY.
RESOLUTION APPOINTING A REPRESENTATIVE AND ALTERNATE TO THE SNOHOMISH
COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION.
COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
PETERSON, TO APPROVE RESOLUTION #1288, APPOINTING MAYOR DAVE EARLING TO
THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION
AND APPOINTING COUNCILMEMBER KRISTIANA JOHNSON AS THE ALTERNATE.
MOTION CARRIED UNANIMOUSLY.
9. CITIZENS ECONOMIC DEVELOPMENT COMMISSION - APPOINTMENTS OF
COMMISSION MEMBERS.
Councilmember Johnson appointed Rich Senderof£ She commented that Dr. Senderoff was an original
member of the EDC in 2009 and has asked to be reappointed; his reappointment will allow for continuity.
Councilmember Johnson also appointed Teresa Wippel, anticipating she would bring a lot of information
and a fresh perspective to the EDC.
Councilmember Fraley-Monillas reappointed Bruce Witenberg to the EDC, explaining he has been very
helpful to her, explaining the process and answering questions.
Councilmember Yamamoto reappointed Evan Pierce, explaining he is currently the Chair of the EDC, has
served on the EDC since its inception and will do a wonderful job.
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Council President Petso reappointed Don Hall and Evelyn Wellington.
Mayor Earling relayed Councilmember Buckshnis' reappointment of Darrol Haug.
Mayor Earling explained a candidate he appointed several months ago withdrew for health reasons. In her
place, he appointed Debbie Madison, explaining she is the President of the Snohomish County-Camano
Association of Realtors and is very knowledgeable about land use.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO,
TO CONFIRM THE APPOINTMENTS TO THE ECONOMIC DEVELOPMENT COMMISSION.
Councilmember Fraley-Monillas asked whether all the appointees were Edmonds residents. Community
Services/Economic Development Director Stephen Clifton confirmed they were.
MOTION CARRIED UNANIMOUSLY.
10. AUDIENCE COMMENTS
Ron Wambolt, Edmonds, observed Councilmember Buckshnis is no longer on the Finance Committee.
Although he has not always seen eye to eye with her, he has attended nearly all Finance Committee
meetings over the past seven years and Councilmember Buckshnis is the biggest contributor at the
meetings because she has the required background in finance and accounting. Many Council committees
do not need specific qualifications other than good judgment; this committee needs qualified members.
He congratulated Council President Petso on being appointed Council President and recommended she
reconsider the appointments to the Finance Committee.
Donna Breske, Snohomish, explained she and her husband purchased property at 9330 218th Place SW
in January 2007 for $220,000. She displayed a vicinity map, identifying the location of the property and
the existing stormwater piping system, installed by Edmonds Public Works in 2002. She explained storm
flows from the surrounding area and public streets are conveyed via the piping system to Shell Creek and
to Puget Sound. During a pre -application meeting, Public Works Director Phil Williams stated as a
condition of acquiring a single family permit, they must divert stormwater from the City system onto their
lot to the maximum extent practicable. As long as the lot remains undeveloped, storm flows can travel
through the piping system around the lot and into Shell Creek and Puget Sound but if the lot is developed,
the flows are to be diverted onto their lot. She questioned this requirement. She noted Mr. Williams, who
is not a licensed Professional Engineer nor a trained engineer, has created this requirement. She asked
how this requirement was consistent with the Fifth Amendment that states private property shall not be
taken for public use without just compensation; this requirement is clearly a taking. She met with Mayor
Earling twice in February 2012 and has not heard anything further from him and no Councilmembers
have contacted her. The treatment she has received for the past six years has been unprofessional. She
summarized they want to acquire a building permit for a single family house without this burden. If the
City wants to purchase the lot, she urged the City to contact them.
Mayor Earling advised he has asked City Attorney Jeff Taraday to respond to Ms. Breske's requests.
Roger Hertrich, Edmonds, hoped the Council is able to work together this year as there are a lot of
issues coming up. He relayed comments made to him about what goes on at the City. A long time
developer, regarding Harbor Square, said "we tried creating a shopping center there and it didn't work."
He also said it will ruin the core business downtown if something like that is developed. He also did not
like roundabouts. In addition, a long time business owner in Edmonds had negative feelings about the
new business district. He was unable to testify at the public hearing because his business requires his
constant attention. He objected to the cost and felt it was unnecessary. Mr. Hertrich summarized there are
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business owners who do not agree with creating a business district. He feels strongly about making people
pay into a system that was created for the personal benefit of some businesses and those who do not want
to belong should not be penalized. As a taxpayer, he objected to the creation of the district and the City
collecting fees and penalties.
11. PRESENTATION OF RESOLUTION THANKING COUNCILMEMBER PETERSON FOR HIS
SERVICE AS COUNCIL PRESIDENT.
Council President Petso read Resolution #1286, thanking Councilmember Peterson for his service as
Council President for two years, January 1, 2011 through December 31, 2012.
Councilmember Peterson commented it had been a great two years. He offered special thanks to
Councilmembers who brought ideas forward for discussion and to City staff, particularly the Directors,
and he looked forward to continuing to work with them. He also offered special thanks to City Clerk
Sandy Chase and Senior Executive Council Assistant Jana Spellman.
14. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW
42.30.110(1)(i).
Mayor Earling suggested the length of the executive session be reduced to 15 minutes and extended if
necessary. City Attorney Jeff Taraday agreed, explaining the length of an executive session cannot be
reduced once the time has been announced.
COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO
SET THE TIME FOR THE EXECUTIVE SESSION AT 15 MINUTES. MOTION CARRIED
UNANIMOUSLY.
At 6:29 p.m., Mayor Earling announced that the City Council would meet in executive session regarding
potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last
approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety
Complex. Action was anticipated to occur as a result of meeting in executive session. Elected officials
present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley-
Monillas, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday; Sharon Cates, City
Attorney's Office; Public Works Director Phil Williams; City Engineer Rob English; and City Clerk
Sandy Chase. The executive session concluded at 6:43 p.m.
15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
Mayor Earling reconvened the regular City Council meeting at 6:45 p.m.
COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO
APPROVE THE CR2A AGREEMENT DATED JANUARY 8, 2013 BETWEEN THE CITY OF
EDMONDS AND PRECISION EARTHWORKS. MOTION CARRIED UNANIMOUSLY.
12. MAYOR'S COMMENTS
Mayor Earling congratulated Council President Petso and Council President Pro Tem Fraley-Monillas
and looked forward to working with them over the next year. He thanked Councilmember Peterson and
Councilmember Buckshnis, staff, City Attorney Taraday and Sharon Cates for the work done on the
Precision Earthworks case that was just concluded; everyone did excellent work, and great progress was
made in the negotiations.
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Mayor Earling thanked Councilmember Peterson, commending him for the leadership and
professionalism he has shown. He did a great job and it was a privilege to have him in that position during
the past year.
13. COUNCIL COMMENTS
Councilmember Fraley-Monillas thanked Councilmember Peterson for serving as Council President for
the past two years, noting the Council is not always an easy group to corral and he did a good job keeping
the Council headed down the right road. She wished everyone a Happy New Year.
Councilmember Johnson thanked Councilmember Peterson for his hard work as Council President. She
thanked everyone who applied for vacancies on the EDC. She also thanked Phil Lovell for serving as
Chair of the Planning Commission for two years. She recognized Planning Commissioner Val Stewart
who has agreed to continue as Vice Chair and John Reed who has agreed to chair the Planning
Commission.
On behalf of the Historic Preservation Commission, Councilmember Johnson announced calendars are
available for sale for $5 on the second floor of City Hall.
Councilmember Peterson wished everyone a Happy New Year. He expressed appreciation for the plaque
and the words of thanks. He congratulated Council President Petso and wished her the best of luck.
Councilmember Peterson looked forward to serving on committees including the Lake Ballinger Forum,
the PFD and the Public Safety and Personnel Committee, noting there was a lot to accomplish. During the
next year he plans to bring forward discussion regarding gun control at the state level.
Council President Petso thanked Councilmember Peterson for his service as Council President and
reminded him of his promise to explain the job of Council President to her. She thanked the Council for
their support and the opportunity to serve as Council President.
Council President Petso announced the Council retreat will be held February 1 and 2. Although a short
timeline to develop agenda memos, that date is the most convenient and will allow the Council to tie up
loose ends and make plans for next year.
Councilmember Yamamoto thanked Councilmember Peterson for his efforts over the past year and
congratulated Council President Petso.
Councilmember Bloom thanked Councilmember Peterson for his work. She looked forward to her
committee assignments this year. She thanked Council President Petso and Council President Pro Tern
Fraley-Monillas for their willingness to serve.
16. ADJOURN TO COMMITTEE MEETINGS
With no further business, the Council meeting was adjourned to committee meetings at 6:52 p.m.
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