12/16/1997 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
DECEMBER 16, 1997
The Edmonds City Council meeting was called to order at 7:00. p.m. by Mayor Barbara Fahey in the
Library Plaza Room, 650 Main Street, followed by the flag salute.
ELECTED OFFICIALS PRESENT
Barbara Fahey, Mayor
Dave Earling, Council President
John Nordquist, Councilmember
Roger L. Myers, Councilmember
Jim White, Councilmember
Dick Van Hollebeke, Councilmember.
Gary Haakenson, Councilmember
Thomas A. Miller, Councilmember
ALSO PRESENT
Andy Streit, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Robin Hickok, Police Chief
Paul Mar, Community Services Director
Arvilla Ohlde, Parks and Recreation Manager
Art Housler, Administrative Services Director
Noel Miller, Public Works Superintendent
Doug Farmen, Accounting Manager
James Walker, City Engineer
Rob Chave, Planning Manager
Meg Gruwell, Planner
Phil 01brechts, City Attorney
Sandy Chase, City Clerk
Jeannie Dines, Recorder
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
NORDQULST, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED.
COUNCIIMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
HAAKENSON, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION
CARRIED. The agenda items approved are as follows:
(A) ROLL CALL
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 9,1997
(C) APPROVAL OF CLAIM WARRANTS #19464 THRU #21838 FOR THE WEEK OF
DECEMBER 8,1997, IN THE AMOUNT OF $247,509.70
(D) APPROVAL OF 1998 EQUIPMENT RENTAL RATES
(E) REPORT ON BIDS OPENED DECEMBER 8, 1997, FOR THE PURCHASE OF FOUR (4)
VEHICLE COLUMN LIFTS AND AWARD OF CONTRACT TO TALON INDUSTRIES
($25,032.30)
(F) REPORT ON FINAL CONSTRUCTION COSTS FOR THE WASTEWATER
TREATMENT PLANT S -LINE OUTFALL REPAIR AND COUNCIL ACCEPTANCE OF
PROJECT
Edmonds City Council Approved Minutes
December 16, 1997
Page 1
(G) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 100TH AVENUE WEST
W. Overlay OVERLAY PROJECT AND COUNCIL ACCEPTANCE OF PROJECT
(H) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR LEGAL
REPRESENTATION OF INDIGENT DEFENDANTS WITH .DAMES FELDMAN
(I) AUTHORIZATION FOR MAYOR TO SIGN AN ADDENDUM TO THE PROFESSIONAL
SERVICES CONTRACT WITH RONALD McCONNELL FOR HEARING EXAMINER
SERVICES
(J) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT WITH SYSTEMS INTERFACE, INC. FOR THE emetryWATER/SEWER TELEMETRY UPGRADE PROJECT
(K) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT NO. 1 TO PROFESSIONAL
SERVICES AGREEMENT WITH R.W. BECK & ASSOCIATES FOR MEADOWDALE
DRAINAGE REPAIRS PROJECT
(L) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO PROFESSIONAL
SERVICES CONTRACT WITH TSI FOR TREATMENT PLANT SCADA PROJECT
(M) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO INTERLOCAL
AGREEMENT CREATING THE SOUTH SNOHOMISH COUNTY NARCOTICS TASK
FORCE
(N) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR ANIMAL SHELTER
SERVICES WITH ADIX'S BED & BATH FOR DOGS AND CATS, INC.
(0) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACTS
WITH DOUGLAS FAIR, KATHLEEN FIELD, AND KRISTEN ANDERSON TO SERVE
AS MUNICIPAL COURT PRO TEM JUDGE
(P) AUTHORIZATION TO LEASE A PHOTOCOPIER FROM THE WASHINGTON STATE
CONTRACT FOR THE PUBLIC WORKS DEPARTMENT ($3,097.20)
(Q) APPROVAL OF POLICE ADMINISTRATIVE SUPERVISOR PERRY'S TRANSFER TO
interim I SNOCOM AS INTERIM DIRECTOR
Director
(R) ORDINANCE NO. 3172 REPEALING ORDINANCE NO. 3155 CLOSING OUT THE
EMERGENCY MEDICAL TRANSPORT FEE PROGRAM AND RETURNING ANY
NSPENT FUNDS TO THE GENERAL FUND
(S) ORDINANCE NO. 3173 AMENDING SECTION 8.16.030 OF THE EDMONDS CITY
CODE BY ADDING A NEW SUBSECTION LOWERING THE SPEED LIMIT ON STATE
HIGHWAY 104 BETWEEN 97TH AVENUE WEST AND 95TH PLACE WEST TO 35
MILES PER HOUR; AND 100111 AVENUE WEST BETWEEN 232ND STREET
SOUTHWEST AND 238TH STREET SOUTHWEST TO 30 MILES PER HOUR
(T) PROPOSED ORDINANCES ADOPTING THE 1997 COMPREHENSIVE PLAN
AMENDMENTS
I. ORDINANCE NO. 3174 ADOPTING THE 1997 EDITION OF THE EDMONDS
COMPREHENSIVE PLAN, WHICH INCLUDES SEVERAL AMENDMENTS TO
THE 1995 EDMONDS COMPREHENSIVE PLAN INCLUDING THE ADDITION OF
Edmonds City Council Approved Minutes
December 16, 1997
Page 2
URBAN DESIGN GUIDELINES AND THE EDMONDS ECONOMIC
DEVELOPMENT STRATEGIC ACTION PLAN; THE AMENDMENT OF THE
EDMONDS COMPREHENSIVE PLAN CONCEPT MAP, THE PARK,
RECREATION AND OPEN SPACE PLAN AND THE SIX YEAR CAPITAL
IMPROVEMENT PLANS, THE DESIGNATION OF PART OF 7TH AVENUE AS A
COLLECTOR; AND THE RENAMING OF TITLE 15 ECDC
II. ORDINANCE NO. 3175 AMENDING THE EDMONDS COMPREHENSIVE PLAN
CONCEPT MAP TO REDESIGNATE PROPERTY IN AN AREA LOCATED AT 630
MAINSTREET FROM MULTI -FAMILY HIGH DENSITY RESIDENTIAL TO
MIXED-USE COMMERCIAL
III. ORDINANCE NO. 3176 AMENDING THE EDMONDS COMPREHENSIVE PLAN
CONCEPT MAP IN ORDER TO REDESIGNATE PROPERTY GENERALLY
LOCATED BETWEEN EDMONDS WAY AND 228TH STREET SW JUST EAST OF
95TH PLACE WEST FROM SINGLE-FAMILY RESIDENTIAL TO EDMONDS
WAY CORRIDOR
IV. ORDINANCE NO. 3177 AMENDING THE EDMONDS COMPREHENSIVE PLAN
CONCEPT MAP TO REDESIGNATE PROPERTY GENERALLY LOCATED AT 8529
238TH sTREET SW FROM SINGLE-FAMILY RESIDENTIAL, TO MULTI-FAMILY,
MEDIUM DENSITY RESIDENTIAL
v. ORDINANCE NO. 3178 AMENDING THE EDMONDS COMPREHENSIVE PLAN
CONCEPT MAP TO REDESIGNATE PROPERTY IN AN AREA LOCATED AT 10014
238TH STREET SW FROM SINGLE-FAMILY RESIDENTIAL TO
NEIGHBORHOOD COMMERCIAL
(U) PROPOSED RESOLUTIONS DENYING REQUESTS TO AMEND THE
COMPREHENSIVE PLAN
I. RESOLUTION NO. 890 ADOPTING FINDINGS DENYING A REQUESTED
AMENDMENT TO THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP
TO REDESIGNATE PROPERTY IN AN AREA KNOWN AS THE FIVE-CORNERS
AREA ADJACENT TO MAIN STREET AND PIONEER WAY FROM SINGLE
FAMILY RESIDENTIAL TO MULTI -FAMILY, MEDIUM DENSITY
RESIDENTIAL
II. RESOLUTION NO. 891 ADOPTING FINDINGS DENYING A REQUESTED
AMENDMENT TO THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP
TO REDESIGNATE PROPERTY LOCATED AT 21405 73RD PLACE WEST FROM
MIXED-USE COMMERCIAL TO MULTI -FAMILY HIGH DENSITY
Map RESIDENTIAL
(V) PROPOSED RESOLUTIONS VACATING RIGHTS-OF-WAY LISTED BELOW AND
SETTING HEARING DATE
I. RESOLUTION NO. 892 DECLARING TO BE IN THE PUBLIC INTEREST TO
COMMENCE VACATION PROCEEDINGS FOR A PORTION OF THE PLATTED
BUT UNBUILT RIGHTS-OF-WAY OF 156TH STREET SW BETWEEN 68TH AVENUE WEST
AND 70TH AVENUE WEST; PORTIONS OF 172ND STREET SW BETWEEN 74TH
AVENUE WEST AND 76TH AVENUE WEST; PORTIONS OF LUND'S GULCH ROAD
WITHIN MEADOWDALE COUNTY PARK; PORTIONS
OF AN UNNAMED STREET WITHIN MEADOWDALE COUNTY PARK; 75TH
Edmonds City Council Approved Minutes
December 16, 1997
Page 3
AVENUE WEST NORTH OF 156TH STREET SW; 74TH PLACE SW BETWEEN
NORTH MEADOWDALE ROAD AND 164TH STREET SW AND NORTH OF
NORTH MEADOWDALE ROAD; 73RD AVENUE WEST NORTH OF 156TH
STREET SW; PORTIONS OF 72ND AVENUE WEST NORTH OF MEADOWDALE
BEACH ROAD; PORTIONS OF 156TH STREET SW WEST OF 72ND AVENUE
WEST; PORTIONS OF 158TH STREET SW WEST OF 72ND AVENUE WEST;
PORTIONS OF 164TH STREET SW WEST OF 72ND AVENUE WEST; LOCATED
IN THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE
AND SUBSURFACE, AND ESTABLISHING A HEARING DATE
II. RESOLUTION NO. 893 DECLARING TO BE IN THE PUBLIC INTEREST TO
COMMENCE VACATION PROCEEDINGS FOR A PORTION OF THE PLATTED
BUT UNBUILT RIGHT-OF-WAY OF 237TH PLACE SW, WEST OF 107TH PLACE
SW (KNOWN AS WOODWAY MEADOWS), LOCATED IN THE CITY OF
EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE,
AND ESTABLISHING A HEARING DATE
III. RESOLUTION NO. 894 DECLARING TO BE IN THE PUBLIC INTEREST TO
COMMENCE VACATION PROCEEDINGS FOR A PORTION OF THE PLATTED
BUT UNBUILT RIGHTS-OF-WAY OF PORTIONS OF 15TH STREET SW
ADJACENT TO THE EDMONDS CEMETERY AND PORTIONS OF 100TH AVENUE
SOUTH ADJACENT TO THE EDMONDS CEMETERY, LOCATED IN
THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE AND
SUBSURFACE, AND ESTABLISHING A HEARING DATE
3. AUDIENCE
Al Rutledge. 7101 Lake Ballinger Wax. Edmonds, referred to the Department of Transportation's
Widening of Aurora Avenue and suggested the City hold a meeting with property owners on Aurora
Avenue in February. He suggested the City also investigate funding for an off -ramp directly into
downtown Edmonds.
Pam Cosse, President of the South Snohomish County Chamber of Commerce, 3500 188th Street SW,
Proposal .umwood,s oke regarding the Cultural Arts Stadium and Convention District CASCD
Board proposal from Lynnwood, noting the feasibility study had been completed in February. She said the Mountlake
Terrace City Council passed the proposal and submitted a letter of intent with five conditions. She said
the proposal was only a starting point and changes were possible. She appreciated the Council's
consideration of the proposal early next year if a decision could not be made tonight.
Dale Bonn, 600 Edmonds Way, Edmonds past Chair of the South Snohomish Chamber of Commerce,
CASCD Proposal reiterated Ms. Cosse's comments regarding the CASCD proposal. She urged the
Council to consider the proposal and submit a letter of intent, attach conditions, or consider it at a
Council meeting in January. She said the CASCD would benefit the entire Snohomish County area, noting the opportunity for a
performing arts and convention center in Snohomish County may soon be lost forever.
Dave Page, 1233 Olymliic View Drive, Edmonds, acknowledged Councilmember Myers' service to the
City.
Paul Menter, Finance Director,, Ci1y of Lynnwood, 17625 67th Place W. Lynnwood, said he represented
Lynnwood regarding the CASCD proposal on the agenda. He reiterated Ms. Cosse' comments, noting
this was an opportunity for multi jurisdictional cooperation and participation and potentially a beneficial
Edmonds City Council Approved Minutes
December 16, 1997
Page 4
process. He said he would be available to answer questions when the Council considered the CASCD
proposal.
Mayor Fahey announced that when the Olympic Ballet's guests arrived, they would be introduced
between agenda items.
Public Safety Committee
Committee Member White reported on the committee's review of the Fire Department contract
with the Esperance Area which will be a model for other newly annexed areas. This was an informational
presentation only, no action was taken. An ordinance reducing speed limits along SR 104 and 100th
Avenue West Speed limits in newly annexed areas was reviewed; the proposed ordinance was approved
as Consent Agenda Item S. The committee reviewed a proposed skateboard ordinance which expands
areas. in which skateboarding is prohibited and, by not defining other areas, will open them to
skateboarding. The ordinance will be on a future Council agenda. The proposed contract for animal
shelter service with Adix's Bed & Bath for Dogs and Cats was discussed by the committee and was
approved as Item N on the Consent Agenda. A contract with the City of Mountlake Terrace for animal
control services wad discussed; this will be placed on an upcoming Consent Agenda due to some changes
in the contract. An amendment to the Interlocal Agreement which creates the South Snohomish County
Narcotics Task Force was discussed and was passed as Item M on the Consent Agenda. A community
member's request for a full-time parking enforcement officer was referred to Chief Hickok for cost
analysis and a report to the Human Resource Committee in January. The committee discussed the
transfer of Police Administrator Supervisor Steve Perry to SnoCom as Interim Director.
Councilmember White noted SnoCom will reimburse the City for Mr. Perry's salary and benefits.
Community Community Services
Member Haakenson reported on the review of the Sewer and Stormwater Rate Study
implementation. He said Community Services Director Paul Mar presented a workplan and schedule for
implementation of the proposed rate increases with a target date of April 1, 1998. Staff is preparing a
summary review of the study results and a detailed public education workplan which will be presented to
the Council in January. The committee concurred with this approach and reiterated its position that
public education take place prior to the April implementation of rate increases.
Finance Coommirnmittee Committee
Committee Chairperson Nordquist thanked Councilmember Miller for serving on this committee during
the past year. He also thanked Administrative Services Director Art Housler and staff for their
assistance. Councilmember Nordquist reported the committee reviewed a lease of a new copier for
Public Works. This item was approved on tonight's Consent Agenda. The advertising policy for
community requests was also discussed; Councilmember Miller recommended advertising be done on a
quarterly basis. The audit report was reviewed and petty cash expenditures were approved with no
discussion.
5. CLOSED RECORD APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY THE
APPLICANT'S APPLICATION FOR A VARIANCE TO INCREASE THE MAXIMUM
PERMITTED HEIGHT OF AN ACCESSORY STRUCTURE (DETACHED GARAGE) FROM
THE MAXIMUM PERMITTED HEIGHT OF 15 -FEET TO 15 FEET 6 -INCHES AND REDUCE
THE REQUIRED WEST SIDE SETBACK FROM 7 -FEET 6 -INCHES TO 5 -FEET 6 -INCHES TO
CORRECT AN ENCROACHMENT FROM A 1992 ADDITION. (Appellant/Applicant:. Winston
Whall / File No. V-97-113 & AP -97-146; Property Location: 19808 77th Place West)
Edmonds City Council Approved Minutes
December 16, 1997
Page 5
City Attorney Phil Olbrechts explained this was a quasi judicial proceeding and asked if any
Councilmembers had any potential conflicts or appearance of fairness issues to disclose.
Councilmember White said he has met Winston Whall on occasion in a professional capacity and was
also acquainted in a professional capacity with his son, Jim, the tenant of the house. He said it had been
at least two years since he spoke with either of them with the exception of a call from Jim Whall three
weeks ago to inform him this would be on the Council's agenda. Councilmember White advised Mr.
Whall he was unable to discuss the matter with him. Mr. Olbrechts asked if there was any objection to
Councilmember White's disclosure.
Peter Schuldt, property owner to the west of the disputed property, requested Councilmember White
remove himself from the decision if he had any personal relationship with the party involved. Mr.
Olbrechts said the decision was Councilmember White's to make and asked if Councilmember White felt
his professional relationship with the Whalls would influence his decision. Councilmember White
answered no. Mr. Olbrechts said he did not see an appearance of fairness issue but Councilmember
White could step down if he chose. Councilmember White said he would participate. Mayor Fahey
pointed out the frequent possibility that there is some knowledge of the', individuals involved because
Edmonds is such a small community. She observed Councilmember White would not benefit in any way
and therefore did not see any reason he should not participate.
Planner Meg Gruwell displayed a site plan of the property. She said this was a closed record appeal and
the record was included in the Council's packet. She summarized the issues, noting this came to City
staffs attention via some complaints. The first was in regard to the setback of the garage which actually
touched the existing property line. When staff researched the matter, they learned it was constructed
without the required building permits; when this was brought to the property owner's attention, he
applied for a lot line adjustment which has been approved to correct the setback problem. As the
building permit was being reviewed, it was determined there was a height problem as well. She clarified
if the garage is a detached structure, there is a height issue; if the garage is attached (which it currently
is), there is a setback issue. The property owner chose to correct the height issue via this variance
process. A site plan had been submitted at the time of the 1992 addition and permits were issued. The
site plan showed an 8%Z foot setback which was actually incorrect. During construction, this problem
was discovered and a "jog" made in the addition. A recent survey indicated the addition maintains only a
5 1/2 foot setback rather that the required 7%2 foot setback.
Mr. Gruwell explained that the City also received a complaint regarding the setback issue and the
applicant has chosen this process to correct the problem. In order to have a variance granted, the
applicant must meet six criteria. She pointed out the special circumstances criteria could not be any
factor resulting from the action of the owner. The Hearing Examiner determined the criteria was not met
and denied the variance.
Mayor Fahey reiterated only information contained in the record could be' considered; no new evidence
could be presented.
Councilmember White asked if the garage was on a foundation. Ms. Gruwell answered both the garage
and the addition were on foundations.
Winston Whall, 18336 84th Place W. Edmonds owner of 19808 77th Place West, said the variances
requested were to increase the maximum allowed height of a detached garage from 15 feet to 15 1/2 feet
Edmonds City Council Approved Minutes
December 16, 1997
Page 6
and to reduce the required west side setback from 7%2 feet to 51/2- 6 feet to correct an encroachment from
a 1992 addition. He explained the errors in the construction of the height of the garage and the side
setback were acts of omission rather than commission. The garage was built in 1990 too close to the
property line. In early 1997, Ms. Tilton, the adjacent property owner, notified him that she was
considering selling her property and had been advised by a real estate agent that the garage was built too
close to the property line and suggested she file a complaint with the City. To rectify this problem, Ms.
Tilton agreed to a lot line adjustment which was approved by the City; there was no complaint about the
height of the garage. The 6 inch height problem was discovered during the lot line adjustment
procedures. The construction of the garage is being reviewed by the City Building Department but has
been held up until the variance issue is completed.
Mr. Whall explained the addition to the house was approved by the City and constructed during
1992-1993. During excavation for the foundation, dirt was piled on the west side of the property, obscuring
the exact property line. When the foundation forms were in place, prior to pouring concrete, a line of
sight reading indicated that the southwest corner of the addition may be too close to the property line. A
revision was made in the plan; however, once the addition was completed, it was determined that the
actual setback appeared to be only 5%2 - 6 feet from the property.line. Due to the uncertainty of the
location of the property line, a survey of the exact property boundary was done which determined the
distance was less than estimated.
Mr. Whall pointed out the Hearing Examiner's conclusions stated the proposed variances would not be
significantly detrimental to the public health, safety and welfare, or injurious to the property or
improvements in the vicinity. The Hearing Examiner also states the submittal of two complaints
demonstrates the improvements made by the applicant or his representative have been found
objectionable by at least two parties. Mr. Whall pointed out the complaint by Ms. Tilton did not apply to
the height of the garage and was being met by the lot line adjustment. The complaint submitted by Mr.
Schuldt referred to side setback of new and prior additions as well as the shed. He discussed this issue
with Mr. Schuldt during the past six months and neither in his complaint nor during these discussions has
he indicated that the encroachments have adversely affected the full utilization of his property or his
property rights. He noted the north side of Mr. Schuldt's house, which faces the area of concern, does not
have any windows or doors and an ungated fence extends north to the property line.
Mr. Whall said the Hearing Examiner also referred to a petition signed by nine neighbors (submitted by
Mr. Schuldt) who oppose the approval of the requested variances. Mr. Whall questioned why the
neighbors were now opposed to his request for the variances as the structures were built 5 -7 years ago
with no adverse comments at that time or during the interim years. His conversations with those who
signed the petition indicated that the 6 inch height violation on the garage and the 1-2 foot side setback
on the addition were not the real issue. When they were contacted by Mr. Schuldt and advised the garage
was built without City approval and that the setback was in violation of the Code, the real issue to the
community was that his son, who lives in the house and was the representative involved in the
improvements, "broke the law" and must realize these actions are unacceptable. Due to the conditions
upon which the variances were requested and their existence for several years as well as that this had not
been an issue until Ms. Tilton's concern, he requested the Council favorably consider the requested
variances.
Mayor Fahey observed no additional public testimony would be permitted. Mr. Olbrechts said
individuals who testified at the original hearing were parties of interest and would have an opportunity to
make argument.
Edmonds City Council Approved Minutes
December 16, 1997
Page 7
Peter Schuldt. 19812 77th Place West, Edmonds, the property owner to the west, pointed out he and Mr. ,
Whall did not have a discussion indicating this situation was not objectionable to him. He would not
have filed a complaint if it was not objectionable. During this process, he researched remodeling that has
occurred during recent years without permits and discovered a permit was issued only for the major
addition in 1993. He urged the Council to review several drawings he submitted in the original hearing.
He noted Ms. Gruwell's recommendation was to deny the variance and the Hearing Examiner also denied
the variance. These decisions were based on the Code as well as criteria for a variance that were not met.
He questioned whether a precedent would be set if the Hearing Examiner's decision was reversed. He
requested the Council carefully review the information presented.
Councilmember Van Hollebeke asked what would occur if the denial was upheld. Ms. Gruwell answered
the applicant would have to reduce the height of the garage by 6 inches. The addition that did not meet
the setback would have to be reduced or a lot line adjustment agreed to with Mr. Schuldt. She was
uncertain whether Mr. Schuldt had adequate property between his house and the addition to grant a lot
line adjustment.
Councilmember Van Hollebeke asked if there was a setback issue on the north property line. Ms.
Gruwell said it would be in compliance if the garage were detached.
Councilmember Myers observed if there had been a building permit requested, this information would
have been discussed and this problem would not have arisen. Ms. Gruwell agreed, noting the problem
with the addition was a result of an inaccurate site plan.
Councilmember White asked how the City obtained a site plan. Ms. Gruwell explained the applicant
provides a site plan indicating the lot, where the structure will be located, setbacks, and structure height.
Councilmember White asked who prepared the site plan. Ms. Gruwell said it is often done by an
architect; however, a small addition is often done by the owner.
Mayor Fahey remanded the matter to Council for deliberation.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO
EXTEND THE DISCUSSION FOR FIVE ADDITIONAL MINUTES. MOTION CARRIED.
Councilmember Van Hollebeke referred to the Hearing Examiner's conclusions and read two which he
felt summarized the process, "1) The applicant and his representative constructed both the addition and
the'garage. With a better site plan or survey stakes in the ground they could have avoided the need for a
side yard setback variance. With a different design, the garage could easily have been made six inches
shorter. It appears that the only reason for applying for the variances is that the past actions of the owner
or his representative have not been in conformance with the adopted City regulations. Therefore, any
special circumstance which exists was self created and is not related to code requirements as they relate
to the subject property. No special circumstances due to topography, or size or shape of the lot have
been presented by the applicant as reasons why the variance should be granted." and "2) Other property
owners in the vicinity are required to meet setbacks and height limits. Although most of the houses in
the neighborhood have garages, these are usually either combined with the primary structure and
maintain those regulations, or are attached structures which appear to meet regulations.". Councilmember
Van Hollebeke said he would support the Hearing Examiner's decision.
Edmonds City Council Approved Minutes
December 16, 1997
Page 8
Council President Earling agreed with the comments made by Councilmember Van Hollebeke. He
recalled other occasions when an error occurred and adjustment was required to a structure. He also
agreed with the Hearing Examiner's decision.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION. MOTION
CARRIED.
Mayor Fahey welcomed John Wilkins, Olympic Ballet, and his guests from Russia. Mr. Wilkens
thanked the City of Edmonds for its support of the arts and the opportunity they provide artists. He said
he is a citizen of Edmonds, business owner and also a board member on the South
Snohomish Chamber Ballet of Commerce. He said he believed in regionalism and that the communities should work together. He
introduced Valery Anisimov and Irina Piatkina, two artists from Russia who will be dancing in the
Olympic Ballet's performance of "The Nutcracker" and invited the Council to attend.
Valery Anisimov said this was the fourth time he has been in Edmonds. On previous occasions, he
stayed in Edmonds but danced in Everett, Bellevue, and Seattle. He said it was important for the City
and artists to have a new theater with a big stage.
Irina Piatkina said she was happy to be in the City. She agreed it would be good to have a new theater
here.
Mayor Fahey encouraged the public to attend the Olympic Ballet performance at Puget Sound Christian
College on Saturday, December 20. She thanked the Olympic Ballet for their performances and the
enrichment they provide to the community.
6. ORDINANCE NO 3179 AMENDING THE 1997 BUDGET AS A RESULT OF UNANTICIPATED
TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS
Administrative Services Director Art Housler explained during the year the Council takes action to
transfer moneys from one fund to another or increasing expenditures appropriations. Legal audit
requirements necessitate the passage of an ordinance. This is done twice a year, in July and again at the
end of the year. The proposed ordinance amends the 1997 budget; the increase in appropriations is
$944,860. He provided examples of some of these expenditures such as the transfer from all operating
funds to the medical self-insurance fund totaling $502,000; fire department labor contract settlement of
$63,000; and the replacement of the bucket truck at a cost of $51,000.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO
ADOPT ORDINANCE NO. 3179, AMENDING THE 1997 BUDGET AS A RESULT OF
UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS. MOTION
CARRIED.
7. ORDINANCE NO 3180 ADOPTING THE FINAL BUDGET OF THE CITY FOR THE FISCAL
YEAR COMMENCING JANUARY 1 1998
Administrative Services Director Art Housler explained since the Council received the preliminary
budget on November 1, there have been numerous discussions regarding changes to the budget. He
explained changes necessary as a result of annexations such as additional staff and additional revenue.
He displayed and reviewed 1998 Budget Revisions by Fund. Mayor Fahey noted the revenues from the
Edmonds City Council Approved Minutes
December 16, 1997
Page 9
newly annexed areas are low in 1998 because property tax revenue is not received from these areas until
1999.
Mr. Housler noted the Council requested a transfer of $120,000 to the Building Repair and Maintenance
Fund and instructed staff to reduce the General Fund budget by $100,000.
Mr. Olbrechts observed an appropriation for the Edmonds Alliance for Economic Development (EAED)
was included in the proposed budget; this was considered a remote conflict for Councilmember Van
Hollebeke under State conflict laws. He explained that Councilmember Van Hollebeke, as an officer of
the EAED, was prohibited from influencing the Council's vote on this item. Further, his vote would not
count on that budget item.
Council President Earling asked if the changes requested at the Council's Special Meeting had been
accomplished. Mr. Housler answered yes.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, FOR APPROVAL OF ORDINANCE NO. 3180, ADOPTING THE FINAL BUDGET
FOR FISCAL YEAR 1998. MOTION CARRIED. The ordinance approved is as follows:
ORDINANCE NO. 3180 OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE
FINAL BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 1998,
PROVIDING FOR MONTHLY REVENUE REPORTS AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
8. ORDINANCE NO. 3181-1998 SALARY ORDINANCE FOR NON -REPRESENTED
EMPLOYEES
Community Services Director Paul Mar explained that Exhibit A showed employees who are
part of the non-represented group and Exhibit B was the salary schedule.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO APPROVE ORDINANCE NO. 3181, THE 1998 SALARY ORDINANCE FOR
NON -REPRESENTED EMPLOYEES. MOTION CARRIED. The ordinance approved is as follows:
ORDINANCE NO. 3181 OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE
SALARY RANGES FOR NON -REPRESENTED EXEMPT PERSONNEL; REPEALING
ORDINANCE NUMBERS 3064 AND 3145, THE 1997 SALARY ORDINANCES; PROVIDING
FOR INSURANCE BENEFITS, INCLUDING LIFE AND DISABILITY INSURANCE; AND
FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
9. APPROVAL OF 1998 SALARY ORDINANCE FOR MAYOR
Community Services Director Paul Mar explained the requested action was an increase in the salary for
the Mayor's position from $60,000 annually to $65,000 annually. He explained justification for the
increase in salary which included an ordinance passed by the Council in 1994.that indicated a desire to
gradually bring the salary into conformance with other jurisdictions as well as provide for a periodic
review. This is the first time since that ordinance was passed that the salary has been reviewed. On an
annualized basis, the $5,000 increase was a 2.7% annual increase. He said the Council packet also
included internal and external salary comparisons, which also justify the increase in the Mayor's salary to
$65,000.
Edmonds City Council Approved Minutes
December 16, 1997
Page 10
Council President Earling said the Council recognizes that the salary has been low in comparison to other
similar jurisdictions and the amount of responsibility. He recalled an audience member indicated the
increase in the Mayor's salary would be an 8% increase; he said this was incorrect and was actually
closer to 3% in view of the amount of time since the last increase.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, FOR APPROVAL OF ORDINANCE NO. 3182.
Councilmember White pointed out the Mayor of Edmonds serves approximately 80 hours per week,
which appeared to be the amount of time it took to do the job properly. He noted an increase in the
salary was necessary to attract competent Mayors in the future. He commented the Mayor is the CEO of
the City and has many subordinates, some who are paid more that the Mayor is. He noted
Councilmembers have other incomes, the Mayor's position is full-time and should be compensated as
such.
MOTION CARRIED. The ordinance approved is as follows:
ORDINANCE NO. 3182 OF THE CITY OF EDMONDS, WASHINGTON, AMENDING
ORDINANCE 3007 ESTABLISHING THE SALARY OF THE MAYOR AT $65,000 PER YEAR
AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
10. AUTHORIZATION FOR MAYOR TO SIGN PURCHASE AND SALE AGREEMENT WITH
WATERFRONT PARK ASSOCIATES AND CITY OF EDMONDS
Parks and Recreation Director Arvilla Ohlde explained this was an opportunity for the City to purchase
a Assoc. nearly one acre of tidelands on the waterfront of Edmonds. She was able to secure a grant from the
Snohomish County Conservation Futures in the amount of $600,000; the City then began negotiations
with Waterfront Park Associates and were able to develop a sale agreement. The City would provide a
match of $175,000 for a total purchase of $784,000. She requested the City Attorney address Section 3.2
and a conversation held with the seller today.
City Attorney Phil Olbrechts explained the contract had been through some very extensive negotiations
and was very time -sensitive for the seller as it was to his benefit to complete this transaction this year.
He explained Section 3.2 required a seawall; a clause was added on Friday that in no event would that
cost exceed $80,000. The parties disagree on the actual cost; the sellers believe it will cost $80,000 or
less and the City estimates it may cost as much as twice that amount. The seller wanted a provision
inserted that stated if the cost exceeded $80,000, the City would pay the difference; the City did not
agree to this provision. He observed it was somewhat unclear in the contract what would occur if the
cost exceeded $80,000 although correspondence established the intent to construct the bulkhead even if a
design change was necessary. He requested the Council provide authorization to the City Attorney's
office to clarify that the City would not pay the difference and it would be the responsibility of the seller
to either pay for the difference or modify the design subject to the approval of the City so that it falls
within the $80,000 amount.
Councilmember White observed the correspondence limited the cost to the seller to $80,000 but in fact
there was no limit according to the agreement. Mr. Olbrechts said the parties know the seawall must be
constructed, but the exact cost is unknown. The seller has looked at the site and the seawall on the
adjacent property and determined it would not cost more than $80,000. He said it was not clearly
defined what would occur if the cost exceeded $80,000.
Edmonds City Council Approved Minutes
December 16, 1997
Page 11
Kevin Hanchett. 1111 Daley Place. Edmonds. one of the shareholders and Vice -President of Waterfront
Park Associates, said the confusion arose as a result of the City's commission of a design for the
proposed seawall. However, the design has not yet been developed. In an effort to avoid confusion
regarding the seawall, they established a cap on the amount the seller would contribute toward the
construction. He concurred that the City would not pay any overage for the seawall and agreed to amend
the agreement to indicate that. If the initial design was returned at a cost of greater than $80,000, they
would work with the Planning Department to ensure a consistent designed seawall was put into place but
perhaps one that was different from the design submitted so the cost could be controlled.
Councilmember White asked who would pay the overage if the seawall could not be properly designed at
a cost acceptable to the seller. Mr. Hanchett said it is clear the responsibility would not be the City's. He
said they feel comfortable with the $80,000 estimate. Bids ranging from $65,000 - $80,000 based on the
existing seawall in front of the Senior Center, the comparison seawall for this site, have been submitted.
He said a consistent seawall could be constructed within that cost constraint, with design modifications if
necessary. If the design exceeds $80,000, there is no liability to the City and it is the option of the seller
to exceed this cap.
Mr. Olbrechts said the language he was contemplating would be, "if the cost exceeds $80,000 for the
seawall, the cost shall be reduced either by mutually agreed upon changes in design or the seller shall
pay the overage." He noted the City's estimates were nearly twice the cost the seller is estimating. Mr.
Hanchett said the engineers have not yet done the design for the seawall. His understanding was they
used the linear footage of the seawall, assigned a price for construction of a hypothetical seawall and
arrived at $160,000 as the outside cost.
Councilmember White referred to paragraph 15 of the agreement which states this agreement is the full
and final agreement, pointing out discussions outside the agreement did not bind either party. Mr.
Hanchett said the language proposed would be acceptable and said he has signature authority for the
corporation so the change could be made tonight.
Council President Earling asked if the differences could be resolved in a week's time and allow sufficient
time to record the transfer of title during this calendar year. Mr. Hanchett said it was dependent on the
design for the seawall. Mr. Olbrechts said the language he proposed would cover all contingencies; the
seawall would either be built with a mutually agreed upon change in design which the City has authority
to approve, or the seller would pay the overage.
Councilmember White asked why the engineering report was needed before closing. Mr. Hanchett said
the engineering report was necessary to address Council President Earling's concern. If the contract was
drafted with the proposed modification, the transaction could close this calendar year.
Ms. Ohlde explained when Mr. Hanchett looked at the seawall, they may have developed a design using
the Senior Center seawall as a parallel. She was considering a concrete bulkhead due to its life and
stability. The cost estimate of $800 per foot results in the average range of $160,000. She noted these
were very preliminary numbers used in a grant application.
Councilmember White observed the seller was contemplating a cost of $80,000 but the purchaser was
contemplating a cost of $1.60,000. Regardless of the intent of the parties, he was certain problems would
arise in the future. He stressed the seller had not said, "whatever it costs, we're going to pay it." He said
this led him to the conclusion that if the cost is beyond what the seller intended to pay, they would not
Edmonds City Council Approved Minutes
December 16,1997
Page 12
pay it. Mr. Hanchett said the risk to the City was a modification to the ideal design. In the initial
negotiations with the City, they offered to install a wall not to exceed $50,000. As negotiations
progressed, they realized the ultimate use of the easement area of the City would require a different
design and agreed to increase the amount to $80,000. He stressed the sellers did not want to be
committed to an as -yet undeveloped design. He said if the City's design significantly exceeded $80,000,
they likely would not agree to it and would work on a design modification to reach an acceptable price.
Mr. Olbrechts pointed out the contract as written indicates the seawall must follow the design of the
adjacent seawall. With the proposed language, if the cost was more than $80,000, the design could be
changed subject to the City's approval; otherwise the seller would be responsible to comply with the cost
to conform to the design of the adjacent seawall.
Councilmember Myers said his concern was that a design for a seawall could be developed at a cost of
$160,000. The seller was willing to pay only $80,000 and he anticipated a request would be made to the
Council to fund the difference. He was reluctant to approve this agreement for this reason.
Councilmember Haakenson asked if there was a sunset date for accepting the Snohomish County
Conservation Futures grant. Ms. Ohlde answered by September 1998. Councilmember Haakenson
questioned the urgency of resolving this prior to year end. Mr. Ohlde said the City would like to work
with the willing seller; it is to his advantage to complete the sale before year end.
EXECUTIVE SESSION
Council President Earling asked if this matter would be an appropriate subject for an Executive Session.
City Attorney Olbrechts answered yes.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER
HAAKENSON, FOR A 15 MINUTE EXECUTIVE SESSION REGARDING.A REAL ESTATE
MATTER. MOTION CARRIED. (THE COUNCIL ADJOURNED TO EXECUTIVE SESSION AT
8:40 P.M.)
Mayor Fahey reconvened the Council meeting at 8:50 p.m.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
TABLE AGENDA ITEMS 10 AND 11 (AUTHORIZATION FOR MAYOR TO SIGN PURCHASE
AND SALE AGREEMENT WITH WATERFRONT PARK ASSOCIATES AND CITY OF
EDMONDS, AND APPROVAL OF DEED OF RIGHT FOR 144 RAILROAD AVENUE
TIDELANDS AND EASEMENT ACQUISITION) TO SOME FUTURE SPECIAL MEETING,
HOPEFULLY BEFORE THE END OF THE YEAR. MOTION CARRIED.
11. APPROVAL OF DEED OF RIGHT FOR 144 RAILROAD AVENUE TIDELANDS AND
EASEMENT ACQUISITION
This item was tabled to a .future meeting.
12. DISCUSSION REGARDING THE CULTURAL ARTS STADIUM AND CONVENTION DISTRICT
BOARD (CASCD) PROPOSED INTERLOCAL AGREEMENT
Council President Earling explained the City received a proposed interlocal agreement from the Cultural
Arts Stadium and Convention District (CASCD) Board approximately ten days ago. Public testimony
this evening indicated Mountlake Terrace approved the interlocal agreement with five conditions. He
Edmonds City Council Approved Minutes
December 16, 1997
Page 13
noted Mayor Fahey provided additional information and concerns regarding the proposed interlocal. He
suggested the Council review the proposal and voice their concerns. The Council could then continue
their review of the proposal over the next few weeks and take action at the first or second meeting in
January.
Councilmember Van Hollebeke recalled public testimony referred to thinking regionally. While the
Council wants to think regionally, the Council has a responsibility to the citizens of Edmonds to act in
their best interest. He supported the concept of a Cultural Arts and Convention Center but questioned the
"significant positive financial benefit" the proposed facility would provide to Edmonds. He pointed out a
number of the arts that citizens take pride in considering "theirs," would likely relocate to this facility.
He supported finding a way to make this happen but did not feel it had been presented in the documents
to date.
Councilmember Myers shared Councilmember Van Hollebeke's views, noting he has hoped to have a
Performing Arts and Convention Center for years. He said the proposed facility was ill -sited at a very
busy intersection. He was unable to support the current proposal at this time.
Council President Earling pointed out the need for more discussion regarding the long term financial
commitment and recommended adjustments be made to these areas in the proposal. He noted there were
also issues related to Mayor Fahey's concern regarding hotel/motel tax.
Councilmember White encouraged the Council to keep a broad mind on this issue. He said there are a
number of aspects that would benefit Edmonds; -the bottom line was not necessarily just money. He
urged the Council to consider the proposal over the new few weeks and place it on an agenda in January.
Council President Earling requested this topic be placed on the agenda for the first meeting in January.
Mayor Fahey said she was very supportive of the concept of a Performing Arts and Convention Center in
this area. She participated in the feasibility study and the location was chosen because it appeared to
make the most sense in terms of availability and space. The City wants to work cooperatively and
collaboratively to bring this about for Snohomish County. She observed the costs Edmonds is being
asked to bear needed to be reviewed as well as her concern that some of the numbers in the proposal are
not reflective of the numbers as they currently exist in the hotel/motel tax fund. She noted negotiations
were necessary to ensure Edmonds was not required to pay a large proportion of the capital investment as
well as continuing operation and maintenance when it has not been demonstrated there is a matching
return to the City.
13. PRESENTATION OF RESOLUTION AND PLAQUE TO STUDENT REPRESENTATIVE ANDY
STREIT
COUNCIL PRESIDENT EARLING MOVED SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, FOR APPROVAL OF RESOLUTION NO. 895 COMMENDING ANDY STREIT
FOR HIS SERVICE AS A STUDENT MEMBER OF THE EDMONDS CITY COUNCIL. MOTION
CARRIED.
Councilmember Myers thanked Student Representative Streit for his efforts and for being an outstanding
representative. Councilmember Myers said he was impressed with the questions Student Representative
Streit has asked and statements he has made pertaining to issues, as well as his willingness to speak out.
He noted Student Representative Streit planned to continue in politics in the future. Councilmember
Edmonds City Council Approved Minutes
December 16, 1997
Page 14
Myers read and presented Resolution No. 895 to Student Representative Streit in recognition of his
service from June 1997 through December 1997.
Student Representative Streit thanked the Council for welcoming him to the Council and for answering
his questions. He thanked Councilmember Myers for selecting him for the position. Councilmember
Myers also presented Student Representative Streit with a plaque recognizing his service as Student
Representative.
Councilmember Myers said the next Student Representative, an Edmonds-Woodwy High School
student, would be introduced to the Council at the first meeting in January. `
14. PRESENTATION OF RESOLUTION AND PLAQUE TO COUNCILMEMBER ROGER L
MYERS
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER
HAAKENSON, TO APPROVE RESOLUTION N0. 896 COMMENDING ROGER L. MYERS FOR
HIS SERVICE AS COUNCILMEMBER. MOTION CARRIED.
Council President Earling said this was a rare opportunity to recognize and thank a Councilmember who
has truly given of himself to the community such as Roger Myers has done during the past three years.
He said it was with sadness that the Council said good-bye to Councilmember Myers but said
Councilmembers have become better people by working with him. Council President Earling read and
presented Resolution No. 896 thanking Roger L. Myers for his service as Councilmember from January
31, 1995 through December 31, 1997.
Councilmember Myers thanked the citizens of Edmonds for their support.and encouragement during the
time he served on the Council. He thanked his family for their support and his friends for their support
and encouragement. He also thanked staff for their support and dedication. He gave special thanks to
former Councilmembers Tom Petruzzi and Bill Kasper who provided advice to him. He thanked Mayor
Fahey for remaining true to her campaign promises by working tirelessly for the benefit of Edmonds and
for her willingness to work with the Council. He said he considered his fellow Councilmembers friends
and had enjoyed their working relationship. He pointed out the Council's ability to disagree and continue
Working toward the City's best interest. He valued the strength each Councilmember brought to the
deliberations. Councilmember Myers said he was proud of the Council's accomplishments and was
convinced the City was better than when he first became a Councilmember. He would miss serving on
the Council and was proud he had always been completely honest and had dedicated himself to making
Edmonds a great place to work, live and raise a family.
Council President Earling presented Councilmember Myers with a pen commemorating the dates he
served on the Edmonds City Council and with a plaque of appreciation.
Councilmember Haakenson noted in addition to having worked in almost every school in the Edmonds
School District, Councilmember Myers was also a member of the Lions Club, the incoming President of
the Daybreakers Rotary Club, and has served on the Edmonds City Council for the past three years. He
has also been willing to serve on'Council committees; in 1997 he served on the Public Safety Committee,
the Disability Board, the Professional Consultant Selection Team, the Long Range Financial Task Force,
the Comprehensive Human Resource Committee, the Snohomish County Health District, the Self -
Insurance Committee, and was the Student Council Representative liaison. He noted it would take more
than one person to replace Councilmember Myers. Councilmember Haakenson said although he and
Edmonds City Council Approved Minutes
December 16, 1997
Page 15
Councilmember Myers may not always agree on issues, he has always been straightforward, honest,
prepared, and has worked hard for the citizens of Edmonds. He thanked Councilmember Myers for all
he has done for the City of Edmonds.
Councilmember Nordquist thanked Councilmember Myers for the time he devoted to the Council. He
also thanked Councilmember Myers' wife, Lynette, for loaning him to the Council for those many hours.
He thanked Councilmember Myers for his participation on the Health Board, commenting on the
enthusiasm he brought to the Board.
Councilmember Van Hollebeke thanked Councilmember Myers for the opportunity to work with him on
the Council and on the Disability Board and he always considered issues in the most fair, honest, and
equitable manner possible.
Mayor Fahey echoed the Councilmember's comments, stating she appreciated Councilmember Myers'
honesty and straightforwardness. Although there have been occasions when Councilmember Myers had
a different view, the Council always knew what he thought and why he thought it. She also appreciated
his humor, noting it many times broke the atmosphere and changed the direction of the discussion. She
encouraged Councilmember Myers to continue to provide input on issues as the Council continues to
value his opinion.
15. MAYOR
Mayor Fahey announced a Judicial Review Advisory Committee has been formed. Members include
former Councilmember Steve Dwyer (now a District Court Judge); Joe Tibido, and Superior Court
visory Judge; Bruce Wittenberg, an attorney and citizen. The committee met to define the tasks and have
agreed to formulate the criteria for evaluating a judge. Although two of the three members know the
judge they are evaluating, they feel they can be objective and unbiased. They will apply the criteria to
the best of their ability and make a recommendation to her regarding reappointment. They anticipate this
process will take 4-6 weeks; she will provide additional information as it becomes available.
Mayor Fahey said there are still names on the giving trees at the Anderson Center and in the lobby of
City Hall. Also, the public could designate a light on the tree in front of the Anderson Center for $5
which would be used to provide summer day camp scholarships.
Mayor Fahey wished the citizens a Happy Holiday season and a wonderful New Year.
16. COUNCIL
Councilmember White encouraged the Council to review the memo he provided regarding the National League of
Cities League of Cities meeting and to contact him with any questions.
Councilmember Van Hollebeke encouraged the public to attend the Choir of the Sound musical
the Sound presentation on Thursday, December 18. He thanked Mayor Fahey for her efforts this year,
particularly in regard to the budget.
Councilmember Haakenson reminded citizens of the Second Annual Holiday Homes Outdoor Lighting and
Decorating Contest sponsored by the Daybreakers Rotary Club and encouraged citizens to nominate their
home or their neighbor's home by calling 672-7892 before December 19. He wished citizens the
the happiest of holidays.
Edmonds City Council Approved Minutes
December 16, 1997
Page 16
Councilmembers Nordquist and Miller wished everyone a Happy Holiday.
With no further business, the Council meeting was adjourned at 9:27 p.m. to the reception honoring
honoring Councilmember Myers.
BARBARA S. FAHEY, MAYOR
SANDRA S. CHASE,.CITY CLERK
Edmonds City Council Approved Minutes
December 16, 1997
Page 17
AGENDA
EDMONDS CITY COUNCIL
Plaza Meeting Room - Library Building
650 Main Street
7:00 -10:00 p.m.
DECEMBER 16, 1997
7:00 P.M. - CALL TO ORDER
FLAG SALUTE
1. APPROVAL OF AGENDA
2. CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 9, 1997
(C) APPROVAL OF CLAIM WARRANTS #19464 THRU #21838 FOR THE WEEK OF DECEMBER 8, 1997, IN
THE AMOUNT OF $247,509.70
(D) APPROVAL OF 1998 EQUIPMENT RENTAL RATES
(E) REPORT ON BIDS OPENED DECEMBER 8, 1997 FOR THE PURCHASE OF FOUR (4) VEHICLE
COLUMN LIFTS AND AWARD OF CONTRACT TO TALON INDUSTRIES ($25,032.30)
(F) REPORT ON FINAL CONSTRUCTION COSTS FOR THE WASTEWATER TREATMENT PLANT S -LINE
OUTFALL REPAIR AND COUNCIL ACCEPTANCE OF PROJECT
(G) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 100TH AVENUE WEST OVERLAY PROJECT
AND COUNCIL ACCEPTANCE OF PROJECT
(H) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT
DEFENDANTS WITH JAMES FELDMAN
(1) AUTHORIZATION FOR MAYOR TO SIGN AN ADDENDUM TO THE PROFESSIONAL SERVICES
CONTRACT WITH RONALD McCONNELL FOR HEARING EXAMINER SERVICES
(J) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO PROFESSIONAL SERVICES AGREEMENT
WITH SYSTEMS INTERFACE, INC. FOR THE WATERISEWER TELEMETRY UPGRADE PROJECT
(K) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT NO. 1 TO PROFESSIONAL SERVICES
AGREEMENT WITH R.W. BECK & ASSOCIATES FOR MEADOWDALE DRAINAGE REPAIRS PROJECT
(L) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO PROFESSIONAL SERVICES CONTRACT
WITH TSI FOR TREATMENT PLANT SCADA PROJECT
(M) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO INTERLOCAL AGREEMENT CREATING
THE SOUTH SNOHOMISH COUNTY NARCOTICS TASK FORCE
(N) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR ANIMAL SHELTER SERVICES WITH
ADIX'S BED & BATH FOR DOGS AND CATS, INC.
(0) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACTS WITH DOUGLAS
FAIR, KATHLEEN FIELD, AND KRISTEN ANDERSON TO SERVE AS MUNICIPAL COURT PRO TEM
JUDGE
(P) AUTHORIZATION TO LEASE A PHOTOCOPIER FROM THE WASHINGTON STATE CONTRACT FOR
THE PUBLIC WORKS DEPARTMENT ($3,097.20)
(Q) APPROVAL OF POLICE ADMINISTRATIVE SUPERVISOR PERRY'S TRANSFER TO SNOCOM AS
INTERIM DIRECTOR
CITY COUNCIL MEETING AGENDA
December 16,1997
Page 2 of 3
(R) PROPOSED ORDINANCE REPEALING ORDINANCE NO. 3155 CLOSING OUT THE EMERGENCY
MEDICAL TRANSPORT FEE PROGRAM AND RETURNING ANY UNSPENT FUNDS TO THE GENERAL
FUND
(S) PROPOSED ORDINANCE AMENDING SECTION 8.16.030 OF THE EDMONDS CITY CODE BY ADDING
A NEW SUBSECTION LOWERING THE SPEED LIMIT ON STATE HIGHWAY 104 BETWEEN 97TH
AVENUE WEST AND 95TH PLACE WEST TO 35 MILES PER HOUR; AND 100TH AVENUE WEST
BETWEEN 232ND STREET SOUTHWEST AND 238TH STREET SOUTHWEST TO 30 MILES PER HOUR
(T) PROPOSED ORDINANCES ADOPTING THE 1997 COMPREHENSIVE PLAN AMENDMENTS
I. PROPOSED ORDINANCE ADOPTING THE 1997 EDITION OF THE EDMONDS COMPREHENSIVE
PLAN, WHICH INCLUDES SEVERAL AMENDMENTS TO THE 1995 EDMONDS COMPREHENSIVE
PLAN INCLUDING THE ADDITION OF URBAN DESIGN GUIDELINES AND THE EDMONDS
ECONOMIC DEVELOPMENT STRATEGIC ACTION PLAN; THE AMENDMENT OF THE EDMONDS
COMPREHENSIVE PLAN CONCEPT MAP, THE PARK, RECREATION AND OPEN SPACE PLAN
AND THE SIX YEAR CAPITAL IMPROVEMENT PLANS; THE DESIGNATION OF PART OF 7TH
AVENUE AS A COLLECTOR; AND THE RENAMING OF TITLE 15 ECDC
II. PROPOSED ORDINANCE AMENDING THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP
TO REDESIGNATE PROPERTY IN AN AREA LOCATED AT 630 MAIN STREET FROM MULTI-
FAMILY HIGH DENSITY RESIDENTIAL TO MIXED-USE COMMERCIAL
III. PROPOSED ORDINANCE AMENDING THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP
IN ORDER TO REDESIGNATE PROPERTY GENERALLY LOCATED BETWEEN EDMONDS WAY
AND 228TH ST. SW JUST EAST OF 95TH PLACE WEST FROM SINGLE-FAMILY RESIDENTIAL
TO EDMONDS WAY CORRIDOR
IV. PROPOSED ORDINANCE AMENDING THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP
TO REDESIGNATE PROPERTY IN AN AREA LOCATED AT 8529 238TH STREET SW FROM
SINGLE-FAMILY RESIDENTIAL TO MULTI -FAMILY, MEDIUM DENSITY RESIDENTIAL
V. AMENDING THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP TO REDESIGNATE
PROPERTY IN AN AREA LOCATED AT 10014 238TH STREET SW FROM SINGLE-FAMILY
RESIDENTIAL TO NEIGHBORHOOD COMMERCIAL
(U) PROPOSED RESOLUTIONS DENYING REQUESTS TO AMEND THE COMPREHENSIVE PLAN
I. PROPOSED RESOLUTION ADOPTING FINDINGS DENYING A REQUESTED AMENDMENT TO
THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP TO REDESIGNATE PROPERTY IN AN
AREA KNOWN AS THE FIVE -CORNERS AREA ADJACENT TO MAIN STREET AND PIONEER
WAY FROM SINGLE-FAMILY RESIDENTIAL TO MULTI -FAMILY, MEDIUM DENSITY RESIDENTIAL
II. PROPOSED RESOLUTION ADOPTING FINDINGS DENYING A REQUESTED AMENDMENT TO
THE EDMONDS COMPREHENSIVE PLAN CONCEPT MAP TO REDESIGNATE PROPERTY
LOCATED AT 21405 73RD PLACE WEST FROM MIXED-USE COMMERCIAL TO MULTI -FAMILY,
HIGH DENSITY RESIDENTIAL
(V) PROPOSED RESOLUTIONS VACATING RIGHTS-OF-WAY LISTED BELOW AND SETTING HEARING
DATE
I. PROPOSED RESOLUTION DECLARING TO BE IN THE PUBLIC INTEREST TO COMMENCE
VACATION PROCEEDINGS FOR A PORTION OF THE PLATTED BUT UNBUILT RIGHTS-OF-WAY
OF 156TH STREET SW BETWEEN 68TH AVENUE WEST AND 70TH AVENUE WEST; PORTIONS
OF 172ND STREET SW BETWEEN 74TH AVENUE WEST AND 76TH AVENUE WEST; PORTIONS
OF LUND'S GULCH ROAD WITHIN MEADOWDALE COUNTY PARK; PORTIONS OF AN
UNNAMED STREET WITHIN MEADOWDALE COUNTY PARK; 75TH AVENUE WEST NORTH OF
156TH STREET SW; 74TH PLACE SW BETWEEN NORTH MEADOWDALE ROAD AND 164TH
STREET SW AND NORTH OF NORTH MEADOWDALE ROAD; 73RD AVENUE WEST NORTH OF
156TH STREET SW; PORTIONS OF 72ND AVENUE WEST NORTH OF MEADOWDALE BEACH
ROAD; PORTIONS OF 156TH STREET SW WEST OF 72ND AVENUE WEST; PORTIONS OF 158TH
STREET SW WEST OF 72ND AVENUE WEST; PORTIONS OF 164TH STREET SW WEST OF 72ND
AVENUE WEST; LOCATED IN THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS,
SURFACE AND SUBSURFACE, AND ESTABLISHING A HEARING DATE .
CITY COUNCIL MEETING AGENDA
December 16, 1997
Page 3 of 3
11. PROPOSED RESOLUTION DECLARING TO BE IN THE PUBLIC INTEREST TO COMMENCE
VACATION PROCEEDINGS FOR A PORTION OF THE PLATTED BUT UNBUILT RIGHT-OF-WAY
OF 237TH PLACE SW, WEST OF 107TH PLACE SW (KNOWN AS WOODWAY MEADOWS),
LOCATED IN THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE AND
SUBSURFACE, AND ESTABLISHING A HEARING DATE
Ill. PROPOSED RESOLUTION DECLARING TO BE IN THE PUBLIC INTEREST TO COMMENCE
VACATION PROCEEDINGS FOR A PORTION OF THE PLATTED BUT UNBUILT RIGHTS-OF-WAY
OF PORTIONS OF 15TH STREET SW ADJACENT TO THE EDMONDS CEMETERY AND
PORTIONS OF 100TH AVENUE SOUTH ADJACENT TO THE EDMONDS CEMETERY, LOCATED IN
THE CITY OF EDMONDS, RESERVING UTILITY EASEMENTS, SURFACE AND SUBSURFACE,
AND ESTABLISHING A HEARING DATE
3. AUDIENCE (3 Minute Limit Per Person)
4. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS
5. (20 Min.) CLOSED RECORD APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY THE APPELLANT'S
APPLICATION FOR A VARIANCE TO INCREASE THE MAXIMUM PERMITTED HEIGHT OF AN
ACCESSORY STRUCTURE (DETACHED GARAGE) FROM THE MAXIMUM PERMITTED HEIGHT OF
15 -FEET TO 15 -FEET 6 -INCHES AND TO REDUCE THE REQUIRED WEST SIDE SETBACK FROM 7 -
FEET 6 -INCHES TO 5 -FEET 6 -INCHES TO CORRECT AN ENCROACHMENT FROM A 1992 ADDITION.
(Appellant/Applicant: Winston Whall / File Nos. V-97-113 & AP -97-146; Property Location: 19808
77th Place West)
6. (5 Min.) PROPOSED ORDINANCE AMENDING THE 1997 BUDGET AS A RESULT OF UNANTICIPATED
TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS
7. (15 Min.) PROPOSED ORDINANCE ADOPTING THE FINAL BUDGET OF THE CITY FOR THE FISCAL YEAR
COMMENCING JANUARY 1, 1998
8. (10 Min.) PROPOSED ORDINANCE -1998 SALARY ORDINANCE FOR NON -REPRESENTED EMPLOYEES
9. (10 Min.) APPROVAL OF 1998 SALARY ORDINANCE FOR MAYOR
10. (10 Min.) AUTHORIZATION FOR MAYOR TO SIGN PURCHASE AND SALE AGREEMENT WITH WATERFRONT
PARK ASSOCIATES AND CITY OF EDMONDS
11. (1 Min.) APPROVAL OF DEED OF RIGHT FOR 144 RAILROAD AVENUE TIDELANDS AND EASEMENT
ACQUISITION
12. (15 Min.) DISCUSSION REGARDING THE CULTURAL ARTS STADIUM AND CONVENTION DISTRICT BOARD
(CASCD) PROPOSED INTERLOCAL AGREEMENT
13. (10 Min.) PRESENTATION OF RESOLUTION AND PLAQUE TO STUDENT REPRESENTATIVE ANDY STREIT
14. (15 Min.) PRESENTATION OF RESOLUTION AND PLAQUE TO COUNCILMEMBER ROGER L. MYERS
15. (5 Min.) MAYOR
16. (15 Min.) COUNCIL
RECEPTION IN HONOR OF COUNCILMEMBER ROGER L. MYERS AT CONCLUSION OF THE MEETING
Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for
special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears
the following Wednesday, Friday and Monday at noon on Channel 32.
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