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Cm130910EDMONDS CITY COUNCIL APPROVED MINUTES September 10, 2013 The Edmonds City Council meeting was called to order at 6:00 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 Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Frank Yamamoto, Councilmember* *participated by phone Strom Peterson, Councilmember (arrived 6:34 p.m.) ROLL CALL STAFF PRESENT Al Compaan, Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Rob English, City Engineer Jeff Taraday, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Mayor Earling advised Councilmember Peterson would be arriving late and Councilmember Yamamoto was participating by telephone. City Clerk Sandy Chase called the roll. All elected officials were present with the exception of Councilmember Peterson. 2. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. (Councilmember Peterson was not present for the vote.) 3. APPROVAL OF CONSENT AGENDA ITEMS Council President Petso requested Item D be removed from the Consent Agenda. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. (Councilmember Peterson was not present for the vote.) The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 3, 2013. B. APPROVAL OF CLAIM CHECKS #204119 THROUGH #204214 DATED SEPTEMBER 5, 2013 FOR $1,864,367.81. APPROVAL OF REPLACEMENT PAYROLL CHECK #60428 $601.98, PAYROLL DIRECT DEPOSIT AND CHECKS #60429 THROUGH #60452 FOR $460,730.55, BENEFIT CHECKS #60453 THROUGH #60464 AND WIRE PAYMENTS OF $200,314.80 FOR THE PERIOD AUGUST 16, 2013 THROUGH AUGUST 31, 2013. Edmonds City Council Approved Minutes September 10, 2013 Page 1 C. RESOLUTION NO. 1297 APPROVING FINDINGS OF FACT REGARDING THE AUGUST 27, 2013 PUBLIC HEARING ON INTERIM ORDINANCE NO.3931. E. RESOLUTION NO. 1299 APPROVING FINDINGS OF FACT REGARDING THE SEPTEMBER 3, 2013 PUBLIC HEARING ON INTERIM ORDINANCE NO.3938. Item D: RESOLUTION NO. 1298 APPROVING FINDINGS OF FACT REGARDING THE SEPTEMBER 3, 2013 PUBLIC HEARING ON INTERIM ORDINANCE NO.3935. Council President Petso explained this was the interim ordinance regarding paving and construction in critical area buffers in exchange for hoped for enhancements of the critical area. She did not support the interim ordinance and planned to vote against the resolution. She pointed out the Findings of Fact, particularly Findings 2 and 4, speak of allowing development within the already developed footprint; the ordinance allows development and expansion of the already developed footprint. She was concerned the Findings of Fact did not justify the action taken in the ordinance. Councilmember Buckshnis pointed out the interim ordinance will only be in place for six months and is being reviewed by the Planning Board. To date there have only been two projects, one of them was the City Park which staff reviewed with the Council in detail. She summarized the information provided was sufficient to allow the Council to proceed with the interim ordinance. Councilmember Bloom asked whether Council President Petso wanted the Findings of Fact to be changed to reflect the interim ordinance. Council President Petso responded she had not given that any thought because she planned to vote against the resolution because she disagreed with the premise of paving and building in the critical area buffer. She suggested the Findings of Fact justify paving within the critical area buffer. She summarized the ordinance adds beyond the footprint of the developed area. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE CONSENT AGENDA ITEM D. Councilmember Peterson asked whether Findings of Fact are prepared for every ordinance. City Attorney Jeff Taraday responded there are whereas clauses in nearly every ordinance. The difference between this process and a typical ordinance process is when the Council adopts an interim zoning ordinance or a moratorium, State law requires the Council to conduct a public hearing and adopt Findings of Fact that justify the interim zoning ordinance or moratorium. Councilmember Peterson stated the Council has adopted Findings of Fact for an interim ordinance or moratorium a fair number of times. Mr. Taraday responded he would like to think so. Councilmember Peterson suggested Councilmembers who do not support an interim ordinance do not necessarily need to object to the Findings of Fact. He suggested Councilmembers respect the decision made by the body as a whole and move forward. For example, he did not support the moratorium on marijuana businesses but would support the Findings of Fact. As the Findings of Fact are not consistent with the interim ordinance and the interim ordinance allows an increase in the footprint in areas that are physically separated and functionally isolated, Councilmember Bloom asked if the Findings of Fact need to be corrected. Mr. Taraday responded as with any resolution or ordinance, the Council can propose amendments. It would be appropriate for a Councilmember to propose an additional finding to add to the findings in the resolution. He was not sure it was correct to say there is a right or wrong finding to justify; it is whatever the Council feels justifies adoption of the ordinance. Councilmember Bloom asked Mr. Taraday to read the section in question. Mr. Taraday responded there are seven whereas clauses incorporated into the resolution. Council President Petso advised Findings 2 and 4 refer to the footprint of existing development. Mr. Taraday agreed, but he was not sure it was correct to say they were inconsistent with the ordinance because the ordinance does speak to the footprint Edmonds City Council Approved Minutes September 10, 2013 Page 2 of development. If the Council wanted to more fully reflect the other component of the interim ordinance, a finding could be added that specifically addresses physically separated and functionally isolated. THE VOTE ON THE MOTION CARRIED (4-2-1), COUNCIL PRESIDENT PETSO AND COUNCILMEMBER BLOOM VOTING NO AND COUNCILMEMBER FRALEY-MONILLAS ABSTAINING. AUDIENCE COMMENTS Donna Breske, Snohomish, property owner in Edmonds, explained on June 30, 2013 she submitted an application for a single family building permit at 9330 218th Place SW. On July 22, 2013 she received review comments that state in order to get a building permit to build a single family home, they needed to divert water from the City's storm drain system and become the storm repository for surrounding City streets. The City's conclusion in the July 22, 2013 letter was based on a previous permit application submitted 6 years ago, a previous section of code and a Hearing Examiner decision that was based on that previous code. She asked the City to review her application and support their conclusions with the current drainage code. She referred to Mr. Williams' rebuttal to her comments on August 6 and his statement that she needed to find the right forum to express her concerns. She asked to be informed if this type of information was not allowed at a City Council meeting. She has written emails and letters and called Jeanie McConnell, Phil Williams and Jeff Taraday. She advised it had been nearly three months since she submitted her building permit application; it was becoming a violation of her due process rights. She surnmarized the City needs to review her building permit application and support their conclusions with the current code. Mayor Earling advised he has called a meeting on September 17 to address this issue and will respond to her following that meeting. 5. AUTHORIZATION TO APPROVE ADDITIONAL FUNDING FOR THE 190TH PLACE SW RETAINING WALL. Public Works Director Phil Williams recalled the Council authorized the Mayor to sign a settlement agreement and mutual release with the Meiers for construction of a soldier pile wall on 190th Place Southwest; the Mayor signed the agreement on August 7, 2013. The work, being done by a contractor hired by the Meiers, should take a couple weeks to complete. The wall that was designed and is in the process of being constructed was 112 feet long, extending from approximately the intersection to the Meiers' property line. Within the past few months, the abutting property owner to the south and west removed vegetation from the slope. After locating the placement of the proposed wall, piles and storm line, it makes sense to extend the wall by 24 feet or 3 more piles in order to secure the slope that may fail in a catastrophic event. He requested authorization to add 3 additional piles and 24 feet of soldier pile wall at City expense to the 112 feet to fully protect the slope. One additional benefit will be a 3-4 foot area for pedestrians. The cost is approximately $35,000 - $36,000; it will be paid by the Stormwater Utility. Council President Petso observed the cost identified in the Council packet was $30,000 but the request is $36,000. Mr. Williams explained costs will be $19,422 for drilling, $10,000 for excavation/back fill, $1500 for the project manager, and applicable taxes. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE $36,000 FOR THE ADDITIONAL 24 FEET OR 3 PILINGS FOR THE 190Tx PLACE SW RETAINING WALL. Edmonds City Council Approved Minutes September 10, 2013 Page 3 Councilmember Bloom asked why this would be paid out of Stormwater Utility. Mr. Williams responded a major rainfall event caused this damage to the slope, probably due to lack of adequate drainage. It is the only logical place to fund the project. THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 6. MAYOR'S COMMENTS Mayor Earling thanked Council President Petso for chairing last week's meeting. He referred to the discussion at last week's meeting regarding the meaning of a veto in the democratic process and that the veto interfered with the democratic process. He explained by law the legislative body makes the decision; the Mayor has an opportunity to accept or reject an ordinance and the Council has the right to override the veto; that is the democratic process. He viewed a veto as part of the process as the Council has the right to override the veto. To the comment that he has vetoed 3 times in the last 1 % years, he pointed out he has approved hundreds of others. Mayor Earling wished Councilmember Yamamoto the very best tomorrow. 7. COUNCIL COMMENTS Councilmember Bloom reported she attended the Port Commission meeting last night. On behalf of the Port, she provided a reminder of Sea Jazz performances, the last one will be on Sunday, September 15 from 1:00 to 3:00 p.m. in the Port's public plaza. Councilmember Fraley-Monillas expressed appreciation to Mayor Earling for addressing her comments regarding his veto. She suggested they agree to disagree. Councilmember Johnson wished Councilmember Yamamoto good luck and a speedy recovery. Councilmember Buckshnis reported the car show was wonderful. To Ms. Breske, Councilmember Buckshnis said she and Councilmember Bloom have also asked for an answer to her questions. Councilmember Peterson invited everyone to participate in a remembrance of 9/11 at the 5th & Main fountain at 7:10 a.m. tomorrow where Officer Dawson will play Taps. The International Association of Fire Firefighters will host a ceremony at 7:30 a.m. at the Fallen Firefighter Memorial Park north of Fire Station 17. 8. ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS With no further business, the Council meeting was adjourned to Council committee meetings at 6:28 p.m. Edmonds City Council Approved Minutes September 10, 2013 Page 4