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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. i