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12/15/1998 City Council'1 1 EDMONDS CITY COUNCIL APPROVED MINUTES DECEMBER 15, 1998 Following a Special Meeting at 6:45 p.m. to conduct an Executive Session regarding labor negotiations, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Haakenson in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Pro Tem Dick Van Hollebeke, Council President Pro Tem Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Thomas A. Miller, Councilmember ABSENT Barbara Fahey, Mayor ALSO PRESENT Andrea Reid, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Greg Wean, Assistant Police Chief Paul Mar, Community Services Director Art Housler, Administrative Services Director Rob Chave, Planning Manager Jeff Wilson, Planning Supervisor Noel Miller, Public Works Director James Walker, City Engineer Kate Galloway, Planner Brent Hunter, Human Resources Director Dee McGrath, Senior Executive Assistant Linda Carl, Senior Executive Assistant Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder Agenda Mayor Pro Tem Haakenson requested the addition of "Authorization for Mayor to Sign Amendment to pproved Prisoner Detention Agreement for Reimbursing Whatcom County for Transportation Services" to the consent agenda as Item V, and the addition of "Proposed Resolution Supporting a Regional One Percent Water Conservation Initiative" as Item W. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO ADD "AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO PRISONER DETENTION AGREEMENT FOR REIMBURSING WHATCOM COUNTY FOR TRANSPORTATION SERVICES" TO THE CONSENT AGENDA AS ITEM V, AND ADD A "PROPOSED RESOLUTION SUPPORTING A REGIONAL ONE PERCENT WATER CONSERVATION INITIATIVE" AS ITEM W. MOTION CARRIED. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE, FOR APPROVAL OF THE AGENDA AS REVISED. MOTION CARRIED. Mayor Pro Tem Haakenson announced that Senior Executive Assistant Dee McGrath brought her replacement to be introduced to the Council. Ms. McGrath thanked the Council for the experiences she Edmonds City Council Approved Minutes December 15, 1998 Page 1 ecognition had had over the past 7'/z years; she had a wonderful time and will miss everyone. She introduced her fDee I replacement, Linda Carl, an Edmonds resident who has worked for a CEO in a local business. Ms. Carl McGrath said she looked forward to working with Mayor Fahey and with the City. Mayor Pro Tem Haakenson presented a gift to Ms. McGrath from the Council, thanking her for the gracious and selfless attitude while performing her duties with style and excellence in her position as Senior Executive Assistant to the Mayor. Recognition Mayor Pro Tem Haakenson presented a gift to Administration Services Director Art Housler in f recognition of his 21 years of excellent financial stewardship to the City of Edmonds, 1977 to 1998. ouster Mr. Housler is retiring this month. Res. 939 Mayor Pro Tem Haakenson read Resolution No.,939 commending Student Representative Andrea Reid Commending for her service as a student member of the Edmonds City Council, July to December 1998. Mayor Pro Student Re Tem Haakenson presented the resolution and a certificate to Ms. Reid. 2. CONSENT AGENDA ITEMS Councilmember Nordquist requested Item Q be removed from the Consent Agenda and scheduled later on the agenda. Mayor Pro Tem Haakenson advised it would be Item 15A. Councilmember Miller requested Item V be removed from the Consent Agenda and Councilmember Plunkett requested Item B be removed. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items approved are as follows: (A) ROLL CALL laim I (C) APPROVAL OF CLAIM WARRANTS # 27825 THROUGH #29288 FOR THE WEEK OF Warrants Approved DECEMBER 7, 1998, IN THE AMOUNT OF $332,833.41 laim for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM KRISTINE MARIE Damages HOBBS (Amount Unknown) Report on I (E) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDING lGeneral Fundl NOVEMBER 30,1998 wy 99 Project (I) UPDATE ON HIGHWAY 99 PROJECT uip. Rental (G) APPROVAL OF 1999. EQUIPMENT RENTAL RATES Rates enior Exec. (H) APPROVAL OF SENIOR EXECUTIVE COUNCIL ASSISTANT'S EMPLOYMENT Council CONTRACT Asst. Con. Brackett's (1) AUTHORIZATION TO CALL FOR BIDS FOR CONSTRUCTION OF SEAWALL AT Landing BRACKETT'S LANDING PARK NORTH Seawall E(.n AUTHORIZATION TO CALL FOR BIDS FOR POLICE UNIFORMS (K) AUTHORIZATION TO PURCHASE FIVE DEFIBRILLATION UNITS IN 1999 BUDGET Edmonds City Council Approved Minutes December 15, 1998 Page 2 Finance (L) AUTHORIZATION TO ADVERTISE FOR REQUEST FOR QUALIFICATIONS FOR are UPDATE TO FINANCIAL SYSTEMS SOFTWARE Vg",d,,r.t (M) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT DEFENDANTS WITH .TAMES FELDMAN Hearing (N) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR HEARING EXAMINER Examiner Agreement SERVICES WITH RONALD McCONNELL qty Attorney (0) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR CITY ATTORNEY Agreement SERVICES WITH THE FIRM OF OGDEN MURPHY WALLACE Prosecutor (P) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR PROSECUTOR greement SERVICES WITH JEFFREY GOODWIN PSA with (R) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT McCaulay & WITH MACAULAY AND ASSOCIATES, LTD FOR SUMMARY APPRAISAL REPORTS Associates FOR THE 76TH AVENUE WEST ROCKERY REPLACEMENT PROJECT AND FEASIBILITY VERIFICATION ANALYSIS FOR THE PERRINVILLE SANITARY SEWER LID PROJECT es. m mme nding (S) RESOLUTION NO. 939 COMMENDING ANDREA REID, STUDENT Student ReD REPRESENTATIVE 940 re. (T) RESOLUTION NO. 940 ADOPTING THE UPDATED FEE SCHEDULE FOR PLANNING, ated Fees ENGINEERING, AND BUILDING FEES .E3234 (U) ORDINANCE NO. 3234 TO INCREASE THE CITY OF EDMONDS REGULAR ax PROPERTY TAX LEVY TO 103% OF THE LEVY BASED UPON A FINDING OF SPECIAL NEED . ater Con - (W) RESOLUTION NO. 941 SUPPORTING A REGIONAL ONE PERCENT WATER ervation CONSERVATION INITIATIVE itiative Minutes of I Item B: Approval of City Council Meeting Minutes of December 8, 1998 , 128/98 Councilmember Plunkett requested the tenth line of the fourth paragraph on page 7 of the minutes reflect roved I his reference to using "part of the reserves. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE MINUTES AS AMENDED. MOTION CARRIED. The item approved is as follows: (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 8, 1998 uthorizatio Item V: Authorization for Mayor to Sign Amendment to Prisoner Detention Agreement_ for o Sign Reimbursing Whatcom County for Transportation Services risoner Councilmember Miller asked if Whatcom County was now charging for transport? Assistant Police eteetm on Chief Greg Wean answered Whatcom charged for transport last year also. Via an agreement with Lynnwood, Mountlake Terrace, Everett, and Snohomish County Sheriff, Whatcom County provides transport between Bellingham and King County jail. Edmonds City Council Approved Minutes December 15, 1998 Page 3 COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE, FOR APPROVAL OF CONSENT AGENDA ITEM V. MOTION CARRIED. The item approved is as follows: (V) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO PRISONER DETENTION AGREEMENT FOR REIMBURSING WHATCOM COUNTY FOR TRANSPORTATION SERVICES 3. CLOSED RECORD MEETING - APPEAL OF THE HEARING EXAMINER'S DECISION TO Closed APPROVE A CONDITIONAL USE PERMIT AND ARCHITECTURAL DESIGN REVIEW TO Record Appeal ALLOW A DRIVE - THROUGH ESPRESSO STAND WITHIN A NEIGHBORHOOD BUSINESS Appeal Hearing, (BN) ZONE (Property Location: 10117 Edmonds Way /Appellant: Karissa Bresheare /File No. AP- Udhus 98 -190 / Applicant: Donald Udhus / File No. CU -98 -139, ADB -98 -140) City Attorney Scott Snyder explained this was a closed record appeal and was not an open public hearing. Under Regulatory. Reform, the Council is limited to consideration of the record and a brief argument provided by the applicant and the appellant and rebuttal by the applicant if any time is reserved. He pointed out a number of the arguments made in the written materials submitted to the Council address the application of City ordinance and the potential impact of the granting of a permit on an existing business. He explained Federal Anti -Trust law prohibits municipalities from making zoning decisions based on a preference for an existing business or a new business or preferring one business over another. This law has been applied in very serious situations involving local communities who were concerned with the impact on downtown business areas from permits for malls. Planning Director Rob Chave introduced Planner Kate Galloway who has been working on this project. Ms. Galloway explained the ADB reviewed the application on October 7 and recommended approval to the Hearing Examiner with modifications including additional landscaping (Exhibit 2). An open record hearing was held before the Hearing Examiner on October 15. The Hearing Examiner approved the application (Exhibit 5). Following his approval, the appellant made a request for reconsideration, which was denied by the Hearing Examiner. The appellant then filed a formal appeal on November 23 (Exhibit 8). Mayor Pro Tem Haakenson asked if any Councilmember wished to make a disclosure under the Appearance of Fairness Doctrine. There were no disclosures made. Council President Pro Tem Van Hollebeke observed there is not an existing espresso stand on the property but the appellant's application preceded the applicant's proposal. He asked Ms. Galloway to identify the location of the appellant's espresso stand. Ms. Galloway identified the location of the building on the proposed application and the appellant's espresso stand on the adjoining property. She identified the access for the subject property, access for the appellant's espresso stand, and joint access between the two properties. Mayor Pro Tem Haakenson advised the applicant and appellant would be provided ten minutes to state their position. The applicant may reserve time for rebuttal. Applicant Donald Udhus, owner of the Times Square Antique Mall (formerly Stewart's Drugs), said he applied for a drive - through espresso stand on this location because he believed it would enhance his business. He said he had plans to do that before the antique store was built; his plans did not arise from Edmonds City Council Approved Minutes December 15, 1998 Page 4 the appellant's plans for an espresso stand. He said the appellant contacted him to rent space but he informed her of his own plans for an espresso stand. He indicated he would like to proceed with his plans for an espresso stand because it will be good for his business and for the community as there is only one drive - through espresso stand on Edmonds Way. He stressed his espresso stand would be a nice addition. AAppellant Karissa Bresheare, owner of the Gourmet Latte, said Mr. Udhus' statement that she contacted him for a location on his property was false. She said this appeal was vital to her livelihood; she has already invested over $12,000 for equipment and the contractor. She was not aware of Mr. Udhus' plans for an espresso stand until she applied for a building permit. She said issues for this appeal include 1) traffic and safety, and 2) Mr. Udhus' espresso stand would be a detriment to her business, her investment, and her livelihood She said the properties do not share the center ingress /egress. The site for her espresso stand has three ingress /egresses and Mr. Udhus has one. She said the proximity of the two espresso buildings would be within 50 feet. She said both she and Mr. Udhus are planning for two drive - throughs, each with two drive - through lanes. As there is no barrier between Mr. Udhus' property and her property, customers of both espresso stands will use the other's ingress /egress. Ms. Bresheare offered to submit photographs, which were similar to the photos submitted regarding the Conditional Use Permit. Mr. Snyder advised Ms. Bresheare that she could refer to the photos submitted previously but no new information could be entered into the record at this hearing. She said the photos show the ingress /egress and the proximity of her building to Mr. Udhus' building. Regarding the detriment Mr. Udhus' espresso stand poses to her business, she explained espresso is her only business, not a side business, and means the world to her. She reiterated she has invested a considerable amount of money in this proposal. She read Item 3 of the four items required to be met for a Conditional Use Permit, "the use as approved or conditionally approved, will not be significantly detrimental to the public health, safety, and welfare, or to nearby private property or improvements unless the use is a public necessity." She stressed Mr. Udhus' espresso stand would definitely be a detriment to her private property, her business, and her livelihood. Ms. Bresheare reiterated the importance of the traffic and safety issues, pointing out Mr. Udhus' customers will use her ingress /egress. She said Mr. Udhus' espresso stand would not be as detrimental if he was located further away; within 50 feet is very close for four drive- through lanes. Applicant Rebuttal Mr. Udhus said there are actually four ingress /egress locations for the property provided via easements for the common benefit of all the stores on the property. Regarding Ms. Bresheare's concerns with traffic safety, he pointed out the Planning Department reviewed the situation and recommended approval of the application. Hearing no further comment from individuals with standing, Mayor Pro Tern Haakenson closed the hearing and remanded the matter to Council for deliberation. COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEM13ER PLUNKETT, TO REOPEN THE HEARING. MOTION CARRIED. Council President Pro Tem Van Hollebeke asked Ms. Galloway to describe the traffic patterns on the site and staffs conclusion regarding the safety issue regarding the proximity of the two businesses. Ms. Galloway said Development Services Engineer Gordy Hyde said his only concern was ensuring both Edmonds City Council Approved Minutes December 15, 1998 Page 5 stands had one -way signs for circulation. Regarding access, Mr. Hyde said that was a matter to be resolved between the property owners. City Attorney Scott Snyder asked if that information was reflected in the Council record. Ms. Galloway said Engineering's only comment on the application was regarding one -way circulation, which was addressed in the Staff Report on page 12 of the Council packet (Da2c). Mayor Pro Tem Haakenson closed the hearing and remanded the matter to Council for deliberation. Council President Pro Tem Van Hollebeke said although he wanted to encourage entrepreneurs and new businesses in Edmonds, the Council did not have standing to overrule the Hearing Examiner in favor of one business over another. He said his only concern would be any danger posed by the traffic flow, but it appeared there was an ample parking lot to contain the traffic.. Councilmember Miller said the materials and testimony provided did not indicate the Hearing Examiner's decision should be overturned. He said the underlying issue is competition and pointed out there are two grocery stores within 100 yards from each other in the same location. COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MILLER, TO DENY THE APPEAL AND UPHOLD THE DECISION OF THE HEARING EXAMINER TO GRANT APPROVAL OF THE CONDITIONAL USE PERMIT AND ARCHITECTURAL DESIGN REVIEW FOR A NEW DRIVE - THROUGH ESPRESSO STAND. MOTION CARRIED. Public 4. PUBLIC HEARING - AMENDING THE PROVISIONS OF THE EDMONDS COMMUNITY Hearing re: DEVELOPMENT CODE 16.50.020(A) TO EXEMPT SUBSURFACE BUILDINGS AND Code STRUCTURES PROPERLY LANDSCAPED, FROM SETBACK REQUIREMENTS endments Planning Director Rob Chave explained this hearing is required after the passage of the interim zoning code ordinance to allow the Planning Board to study this issue. He said this appears to be a reasonable proposal in light of the demand for land and the tight parking situation in the downtown area. He said the amendment would allow underground parking structures to intrude into the setback so long as all above ground standards for setback, landscaping, etc. are met. Mayor.Pro Tem Haakenson opened the public participation portion of the hearing. Brad Butterfield, 400 Dayton, Edmonds, spoke in support of the amendment to the Edmonds Community Development Code, noting it was a small, common sense change that could allow significant ability to provide additional underground, off -street parking in the City. The amendment applies to a limited number of properties in the BC zone. He supported efforts to create additional off -street parking via a. parking garage and has worked with City staff, community groups, and Councilmembers regarding an underground parking structure. He estimated the cost of a parking structure ranges from $800,000 to $1.2 million for approximately 100 vehicles. This amendment, on one property alone, could add up to ten additional underground, off -street parking spaces at' no cost to the City or the public. The amendment will not negatively affect private property owners in any way and will positively add to underground, off -street parking in the City. He requested the Council support the amendment. Roger Hertrich, 1020 Puget Drive, Edmonds, said he is interested in this because it is a request to make a text amendment to the Code but no one has paid the required $500 fee. He said it might be perceived the City has put forth this proposal but in fact it is a site-specific proposal put forth by a Edmonds City Council Approved Minutes December 15, 1998 Page 6 developer who approached the City to get more parking in his development. He said anytime a large building is constructed next to a residential zone, there is already an advantage, in addition to the setback, because of the view over the adjacent resident building. The more parking is allowed, the bigger and bulkier the building gets. He imagined this construction occurring on the property line next to a residential property and said a l5 -foot buffer might be enough to defer some of the impact to the residential property. He said the negative effects of this proposal have not been considered because one person is pushing it and no one has studied the possible impact to adjoining property. He said residential zones need setbacks to provide view separation. He suggested more investigation and information was necessary regarding the amendment. Mayor Pro Tern Haakenson closed the public participation portion of the hearing. Mr. Chave said the comments made would be forwarded to the Planning Board for review as part of their study. He noted the setbacks in the Code are not construction setbacks, they are building setbacks. Typically when construction occurs, it takes place from lot line to lot line. City Attorney Scott Snyder explained this is not a permanent change to the City Code. As an interim zoning amendment, it will expire six months from the date of passage unless the Council extends it or makes a code amendment following the recommendation of the Planning Board. He agreed with Mr. Chave's comments that these are zoning setbacks; the building code requirements regarding vibration and construction techniques remain in place and are not impaired. Mayor Pro Tern Haakenson advised no action was required other than a public hearing. 5. AUDIENCE COMMENTS IBudget Al Rutledge, 7101 Lake Ballinger Way, Edmonds, submitted written materials and referred to a 1995 Seattle Times article regarding the City's inefficient $1.2 million budget. He said the City has had a decrease in three years of over $200,000. He next objected to his inability to speak at the continued ublie hearing last week. In addition, .Mr. Rutledge suggested Councilmembers try to raise funds from voters Baring who elected them. He expressed concern with Councilmember Earling and Mayor Pro Tem Haakenson Comments contacting citizens who signed the petitions regarding the proposed tax increase and requested the Petitions names, address, and telephone numbers of people they contacted be made available. Concluding, he advised the Kiwanis Club is collecting for the food bank this weekend at Top Foods. Mayor Pro Tern Haakenson commented that he called residents of the City who signed a petition regarding taxes to determine their thoughts and to determine why they signed the petition. He stressed it was the Council's job to talk with citizens. Slides in Carl Pearson, 16311 75 " Place W, Edmonds (Meadowdale area), said he addressed the Council on Meadowdale January 7, 1997 regarding the slides in the Meadowdale area. He explained the storm system, LID 210, Area was in disrepair before the slide occurred. He said a tremendous number of reports and studies have been done since that time. At the January 7, 1997, Council meeting, Mayor Fahey indicated she would do everything within the City's power, that the City had not abandoned residents in the area. She further indicated where City property was involved, drainage system repairs would be made and issues that could be shown were a result of the City's negligence would be addressed on a case -by -case basis. Through working with Public Works and Engineering, residents were told a claim would need to be filed with the City for reimbursement of any costs incurred in cleaning up the mudslide that occurred when "the City's mud flowed from 164`h Street SW right -of -way, across their property, flooding their 215 foot Edmonds City Council Approved Minutes December 15, 1998 Page 7 long driveway onto 75`h Place W and blocking traffic." He said Building Official Jeannine Graf declared the area an emergency and residents were ordered by the City to do certain emergency repairs. After that time, the City determined the mud was from their right -of -way. He said a geotech made reports and recommendations to the City regarding remedial action that needed to be taken immediately on a. temporary basis before permanent repairs could be attempted. The City failed to do any of these repairs and failed to address any of the water and mud flowing down the hillside even though it was obvious additional slides would occur. In fact, another slide occurred 'on March 22, 1997 that caused additional damage. Mr. Pearson said it has been two years since the slides occurred and he felt the City had not done anything to resolve the problem nor paid any of the expense residents incurred. He submitted materials summarizing the events and urged the Council to respond to residents quickly due to the statute of limitations that expires in two years. This claim must be settled before the end of the month or the City needs to waive the statute of limitations to allow additional time. If this does not occur, property owners must file lawsuits against the City. City Attorney Scott Snyder explained the City is a member of Washington Cities Insurance Authority (WCIA) pool. Upon receipt of Mr. Pearson's claim, the City turned it and others over to WCIA. The City's obligation under the pool agreement is to turn the claim over to the pool and the claim is then in the' hands of WCIA. The Council has requested reports on several occasions and he suggested the Council could request a report from WCIA if there are questions regarding the handling of these claims. He said the City's coverage would be abrogated if the action requested was taken. He summarized the Council, has fulfilled its obligations under the WCIA pool agreement, noting a copy of Mr. Pearson's letter was forwarded to WCIA. Roger Hertrich, 1020 Puget Drive, Edmonds, referred to an editorial in the Anchorage, Alaska ecd on newspaper ro projecting doom with regard to income to the state from the oil industry and cutbacks that old on P J g g Y [Expenditures would be required. He said in Washington State, many of the industries he is in contact with do not see a bright future. He recommended the Council put a hold on expenditures they can control such as new hires. He said several new employees will be hired and paid for via the revenues from a new fee schedule. He also recommended the Council put a hold on consultants, travel expense, and other non- essential expenses, at least for the first quarter and then decide whether to extend the hold. He said if this is not done and the City is short of funds, a 103% or 106% property tax increase will not be sufficient. TA use of Mel Critchley, 705 Driftwood Place, Edmonds, referred to an article regarding the EPA's fight with BN Tracks RTA to prevent covering 35 acres of Puget Sound. He commented RTA is very anxious to use the Burlington Northern (BN) tracks in spite of how dangerous the situation is. He referred to a fax from US Department of Transportation stating the worst train delays occur between Seattle and Everett, usually two hours or less and are caused primarily by tripping of slide fences. Most of the delays occur during November, December, and January. The delays occur on average of 3 -5 times per month. He questioned the operation of a commuter rail on these tracks. He said the cost to upgrade the track for the RTA will cost $89 million. Five years ago, it was said tracks could be laid along the I -5 corridor for under $3 million per mile (a cost of $60 million for the approximately 20 miles from Northgate to Everett). He referred to a line BN ran from Cle Elum to Auburn, approximately 50 miles through mountainous terrain, at a cost of $137 million. He said only BN will benefit from the RTA's use of the tracks by increasing their speed. He referred to the number of accidents that have occurred in the area and said if the tracks are upgraded for the RTA, it should be done to the City's satisfaction, should "be the best," and should be Edmonds City Council Approved Minutes December 15, 1998 Page 8 at their expense. He requested Councilmember Earling inform him how the line could be run through Stampede Pass for less than it will cost to construct two miles on I -5. perry Jeff Lewis, 2362196" Avenue W, Edmonds, thanked the Council for reducing the property tax increase es to 103% although he thought -the decrease was only about half of what it should be. He said Referendum 47 indicated the increase should be the rate of inflation, less than 1% this year. He said the City should consider the statement voters made via the defeat of Propositions 1 -5 as well as their support for Referendum 47 and should try to reduce property tax increases to that level. He suggested the property tax increase be reduced next year to the level indicated in Referendum 47. He expressed disappointment with the conduct of some Councilmembers last week and suggested Councilmembers follow Councilmember Earling's example for Council conduct. He also was disappointed he was not allowed to speak again at the continued hearing regarding the proposed 106% property tax increase. 6. ORDINANCE NO. 3235 REFUNDING 1993 AND 1995 GENERAL OBLIGATION BONDS rd.3235 Administrative Services Director Art Housler advised in October/November 1998, Dick Ehlers, Vice Refunding President of Seattle - Northwest Securities, and he discussed the feasibility of refunding some of the City's 1993 & 1995 bonds. Mr. Ehlers researched the possibility and determined it was feasible. The Council Finance Bonds Committee considered the proposal on November 10 and the Council authorized staff to proceed. Dick Ehlers, Vice President, Seattle - Northwest Securities, distributed the Bond Purchase Agreement and bond sale results. He explained interest rates are close to 30 -year lows which results in savings from refinancing some of the City's bonds.. He referred to the sale of bonds report, noting orders were solicited for the bonds early yesterday, subject to Council action tonight. He said this is done to ensure firm numbers can be presented to the Council. He referred to the Weekly Bond Buyer Index graph and the 25 -year history bond buyer Index, indicating this is a good time historically to refinance the bonds. He explained the goals established for the bond sale included 1) maintaining Edmonds' "Al" Moody's Rating, 2) qualifying the issue for Bond Insurance for use if it was economically feasible, 3) refunding the portion of the 1993 and 1995 bonds that can be paid off prior to their maturity, and 4) achieving an average savings of approximately $13,500 per year. Mr. Ehlers reviewed the bond sale results: 1) Moody's "Al" rating confirmed, 2) three insurance bids - MBIA best at 20 by (the cost - benefit analysis indicated the City saves $13,000 more by using the insurance so the bonds were marketed using insurance), 3) net savings over 16 years is $215,981 or $13,499 per year, 4) total net present value savings - $161,280, and 5) net interest cost on the bond 4.33 %. He commended Mr. Housler and his staff, particularly Accounting Manager Doug Farmen and Accountant Minh Truong for their response to inquiries from Moody's. Mr. Snyder said Mr. Ehlers faxed him a.copy of the Bond Purchase Agreement, which he reviewed.and approved as to form. Mr. Ehlers said the Bond Purchase Agreement was in the same format as previous bond sales and only the specifics regarding this bond issue had been changed. He reiterated Mr. Snyder as well as Mr. Tonklin reviewed the contract. Bob Yeasting, Yeasting and Associates, distributed a report that includes a graph illustrating interest rates are nearly as low as they have been in 30 years. He referred to a comparison of the reoffering of the City's bonds with five other similar issues sold around the state that shows the yield on the bond to the investor compares favorably to other issues. He said the underwriters did a good job meeting the goals Edmonds City Council Approved Minutes. December 15, 1998 Page 9 of the bond sale. He recommended the Council award the sale of the bond on the basis of the offer from Seattle - Northwest Securities. Bill Tonklin, Foster, Pepper & Schefelman, distributed the bond ordinance that reflects the pricing results described previously. He said the ordinance will authorize the issuance and sale of the refunding bonds to refund the 1993 and 1995 General Obligation Bonds, authorize execution of the Bond Purchase Contract with Seattle - Northwest Securities for purchase of the bonds, and authorize an agreement with Chase Manhattan Trust Company to hold the bond proceeds for the purpose of refunding the prior issuance of bonds being refunded until their call dates in 2003 and 2005. Councilmember Earling asked where the savings in bonds would be placed on an annual basis. Mr. Housler answered the debt payment is made from the General Fund; the amount paid out of the General Fund would be reduced each year. Councilmember Earling said several citizens thanked him during the past week for the Council's scrutiny of the budget and efforts to keep property tax increases at a minimum. He said the good news regarding property taxes is they were not raised as much as the City could have raised them. However, this is also good news and will save the City an enormous amount of money. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR THE ADOPTION OF ORDINANCE NO. 3235. Council President Pro Tem. Van Hollebeke complimented Mr. Housler, noting it was a fitting compliment to him that one of his final actions is refinancing of bonds at some of the lowest rates ever offered. He noted it was through Mr. Housler's management and staffs efficiency that the City has its excellent bond rating. He expressed his appreciation for Mr. Housler's efforts. MOTION CARRIED. The.ordinance reads as follows: ORDINANCE NO. 3235 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE OF $4,480,000 PAR VALUE OF LIMITED TAX GENERAL OBLIGATION REFUNDING BONDS, 1998, OF THE CITY FOR GENERAL CITY PURPOSES TO PROVIDE FUNDS WITH WHICH TO PAY THE COST OF ADVANCE REFUNDING THE CALLABLE PORTIONS OF CITY'S OUTSTANDING LIMITED TAX GENERAL OBLIGATION BONDS, 1993, AND LIMITED TAX GENERAL OBLIGATION BONDS, 1995, AND PAYING THE ADMINISTRATIVE COSTS OF SUCH REFUNDING AND THE COSTS OF ISSUANCE AND SALE OF SUCH BONDS; FIXING THE DATE, FORM, MATURITIES, INTEREST RATES, TERMS AND COVENANTS OF THE BONDS; ESTABLISHING A BOND REDEMPTION FUND; PROVIDING FOR AND AUTHORIZING THE PURCHASE OF CERTAIN OBLIGATIONS OUT OF THE PROCEEDS OF THE SALE OF THE BONDS HEREIN AUTHORIZED AND FOR THE USE AND APPLICATION OF THE MONEY DERIVED FROM THOSE INVESTMENTS; AUTHORIZING THE EXECUTION OF AN. AGREEMENT WITH CHASE MANHATTAN TRUST COMPANY, NATIONAL ASSOCIATION, OF SEATTLE, WASHINGTON, AS REFUNDING TRUSTEE; PROVIDING FOR THE CALL, PAYMENT AND REDEMPTION OF THE BONDS TO BE REFUNDED; PROVIDING FOR BOND INSURANCE; AND APPROVING THE SALE AND PROVIDING FOR THE DELIVERY OF THE BONDS TO SEATTLE - NORTHWEST SECURITIES CORPORATION OF SEATTLE, WASHINGTON. Edmonds City Council Approved Minutes December 15, 1998 Page 10 Mayor Pro Tem Haakenson declared a brief recess. 7. REPORT ON SOUTH COUNTY SENIOR CENTER LONG RANGE PLAN enior Community Services Director Paul Mar introduced Harold Houston, President of the South County enter Long Senior Center Board. Mr. Houston said the task force Mayor Fahey appointed consisting of an e Plan Councilmembers, South County Center members and herself made a detailed analysis of senior citizens needs in the community. He expressed his appreciation for the assistance provided by Mr. Mar, other department directors, and particularly Mayor Fahey's Executive Assistant Dee McGrath. He said the task force's final report was submitted on January 26, 1998, and copies were provided to Councilmembers as well as the mayors of neighboring cities. The South County Senior Center Board has adopted the task force's recommendation to endorse Option 3. He explained a 12- member Long Range Planning Committee has been appointed. He requested the Council approve a resolution concurring with the task force and Senior Center Board's recommendation to endorse Option 3 and appoint two Councilmembers to serve on the Long Range Planning Committee to act as a liaison to the Council. He said the seniors in the community have supported School Bonds, Public Safety bonds, etc. and have given 100% when requested. He said it was now time for "payday" for the seniors in the community. Mayor Pro Tem Haakenson thanked Mr. Houston and the task force for their efforts.. Mayor Pro Tem Haakenson said a resolution would be prepared for Council consideration at their first meeting in January. He appointed Councilmember Miller and himself to serve on the Senior Center Long Range Planning Committee. Councilmember Nordquist commented he served on the Council when the Senior Center property was purchased. It was purchased, thanks to the seniors in the community, who encouraged the City to seek. HUD funds to purchase the 600 feet of waterfront. He commended the seniors for their efforts. Councilmember Miller thanked Mr. Houston and the committee for the tremendous amount of work they have, accomplished in developing this recommendation. He looked forward to working on the Long Range Planning Committee, noting that effort would leave a legacy in the City for future generations. 8. UPDATE ON CHAMBERS CABLE REBUILD PROJECT �hambers Community Services Director Paul Mar said this is the fifth update on the rebuild of the Chambers Cable able ebuild system. Jack Gradwohl, Area Manager, Chambers Cable, 190 W Dayton Street, Edmonds, advised Chambers Cable has been in the process of rebuilding their system since July 1997. The construction work is essentially complete; some activation remains to be completed. He said his intent tonight was to demonstrate one of five video on command systems in the entire United States (the only one west of the Mississippi River). He explained the rebuild will result in 70 basic channels including seven PEG channels, a digital tier with 56 channels of audio and video services, five encore movie services, for a total of 151 channels of audio and visual services. He said one channel will be Onset (provided by Digital Interactive Video Access) which will provide video on demand from a customer's television including the ability to fast forward, rewind, stop, and pause. He demonstrated the video on command system features such as on- screen menus for different types of service, movie finder by type, actor, etc., and movie lists with price, rating, production date, length, and description. He demonstrated the ability to fast forward, pause, stop, rewind, and save the movie for later viewing (available until midnight of the Edmonds City Council Approved Minutes December 15, 1998 Page 11 following day). He reiterated this is one of only five true video on demand systems in the United States and Chambers Cable is excited to bring it to Edmonds. Council President.Pro Tem Van Hollebeke asked how soon the expanded services would be available. Mr. Gradwohl. answered now that the physical construction is complete, they are in the process of transferring each home from the old system to the new. Approximately 1,000 homes have been transferred at this time. Chambers is currently working on the transfer for multifamily developments on 5`h Avenue. He anticipated some of the basic services could be launched this month and the remainder of the services available during the first quarter of 1999. Council President Pro Tem Van Hollebeke observed the cost of video on demand. movies was $3.95, which is competitive with video stores and is available 24 hours per day. He asked how the billing for video on demand movies was handled. Mr. Gradwohl said it is included in the monthly cable statement. Council President Pro Tem Van Hollebeke asked how implementation would take place. Mr. Gradwohl said as nodes are activated, the basic 70 channel service would be available (which does not require a converter box). The digital services will be available (for customers who want additional services) after the basic service is activated. He anticipated a high level of public education would be necessary for customers who had not previously used a converter box; therefore, the video on demand service will be introduced slowly and properly so customers have the utmost in satisfaction and education. For Council President Pro Tem Van Hollebeke, Mr. Gradwohl clarified 70 channels would be available throughout the City during the first quarter of 1999. Councilmember Plunkett asked whether controls were available for children. Mr. Gradwohl answered the converter box has a rating setting. Within each account, sub - accounts with PIN numbers can be assigned with a rating category and an account value. 9. PRESENTATION OF RESOLUTION TO STUDENT REPRESENTATIVE ANDREA REID presentation tudentRep Presented following approval of the agenda (Agenda Item 1). 10. APPROVAL OF EMPLOYEE SUGGESTION AWARD - WASTEWATER TREATMENT PLANT Fm Human Resources Director Brent Hunter explained the City has an Employee Suggestion Program uggestion which, if employees can identify ways to save money, the City rewards them. In this instance, Ward employees at the Treatment Plant helped install the new emergency generator. The bid for installation of the emergency generator at the Treatment Plant was slightly over $21,000; the Treatment Plant employees, on their own time and at the City's expense for materials, installed the generator for slightly over $5,000. This resulted in savings of over $16,000. The suggestion award request was reviewed by the Suggestion Committee (which includes Councilmember Haakenson), who recommended sharing 10% of the savings with the five employees in the maintenance department of the Treatment Plant who participated in the installation. If approved, staff would like to issue the checks at the City's annual holiday breakfast on Friday. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE, TO APPROVE THE EMPLOYEE SUGGESTION AWARD FOR THE RECOMMENDED EMPLOYEES. Edmonds City Council Approved Minutes December 15, 1998 Page 12 Councilmember White asked if this had been reviewed by the City Attorney. Mr. Hunter answered no, commenting a similar award was made slightly over a year ago. Councilmember White was concerned with whether the award represented compensation for labor or was a suggestion. He said the award represented an individual award of $320 to each employee who performed labor. Mayor Pro Tem Haakenson, who serves on the Suggestion Committee, said the Committee considered 'this issue and actually turned down another award because it was felt to be part of an employee's job. He said the committee felt this award was appropriate because it represented such a significant savings. He said in the past Mr. Snyder has approved similar awards and suggested approval of the Suggestion Award be subject to the City Attorney's approval. WITH THE AGREEMENT OF THE SECOND, THE MOTION WAS REVISED TO INCLUDE "SUBJECT TO REVIEW AND APPROVAL OF THE CITY ATTORNEY." MOTION CARRIED, COUNCILMEMBER NORDQUIST ABSTAINED. Councilmember Nordquist explained he abstained from the vote as his son is one of the employees who would receive the award, noting his son is an emancipated person according to the City Attorney. 11. ORDINANCE NO. 3236 AMENDING THE 1998 BUDGET AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS rd. 3236 1 Administrative Services Director Art Housler explained this is a housekeeping chore necessitated by ending I legal audit requirements. State law requires an ordinance be adopted whenever funds are transferred 1998 Budget from one fund to another or appropriations of any funds increased. He explained the City's practice has been to consolidate these actions into a mid -year ordinance (July) and year -end ordinance rather than adopting an ordinance each time the Council takes action. He said the amendment totals $1,474,300. He said the ordinance incorporates transfers for a number of capital projects, and other .items such as accounting recognition for the ladder truck lease ($795,000), improvements in the Combined Utility Construction Fund, and Medical Self - Insurance ($213,000) due to unanticipated claims. He said. other actions were detailed in the ordinance. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE, FOR THE APPROVAL OF ORDINANCE NO. 3236. MOTION CARRIED. The ordinance reads as follows: ORDINANCE NO: 3236 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3180 AND ORDINANCE NO. 3216 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 12. ORDINANCE NO. 3237 ADOPTING THE 1999 BUDGET rd. 3237 Administrative Services Director Art Housler said on December S the Council gave direction to the dopting Mayor to have staff identify cuts totaling $200 000. He said a summary of the cuts is on the first page of 1999 Budget y �' g � �' p g the agenda memo and the details of the cuts made in each department are outlined on Exhibit 2. Councilmember Nordquist observed $200,000 was included in the budget for upgrading the Eden System. He asked if this upgrade was reviewed by the newly hired Finance Director and whether the Edmonds City Council Approved Minutes December 15, 1998 Page 13 City was obligated to purchase a specific upgrade. Mr. Housler said the Consent Agenda included authorization to advertise for Request -for Qualifications (RFQ) to determine what financial system software is available. Although the budget includes $200,000 for upgrading the existing system (Eden), it was felt the available financial software should be analyzed. He said it will be at least 30 days until the findings can be presented to the Council, giving the new Finance Director an opportunity to be involved in the decision. Councilmember Nordquist observed the new Finance Director starts work on January 11 and this decision would follow shortly after her hire. Mr. Housler said there is no established timetable for the process. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE, TO ADOPT ORDINANCE NO. 3237, ADOPTING THE 1999 BUDGET. MOTION CARRIED, COUNCILMEMBER PLUNKETT OPPOSED. The ordinance reads as follows: ORDINANCE NO. 3237 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ADOPTING THE FINAL BUDGET OF THE CITY FOR THE FISCAL YEAR COMMENCING JANUARY 1, 1999, PROVIDING FOR MONTHLY REVENUE REPORTS AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 13. UPDATE ON APPLICATION FOR A FOUR -LOT SHORT SUBDIVISION LOCATED AT 9222 - 240'$ STREET SW (Applicant: Charles Warner) Update on 4- Planning Manager Rob Chave referred to the outline in the packet summarizing the action on the new Lot short application. He explained this was a new application but is related to a previous application. He said the Plat, Warner timeline, as indicated, is on schedule. No action was required on this item. 14. BRIEFING ON CONSTRUCTION PROGRESS FOR PUBLIC SAFETY COMPLEX AT CIVIC CENTER SITE blic Safety Community Services Director Paul Mar displayed a concept sketch of the Public Safety Complex and mplex [Update explained work began in May 1998 with ground breaking on June 5 , 1998. He displayed a photograph of the site before work began, identifying buildings and portions of buildings that were demolished and surrounding streets and uses. He displayed a concept drawing of the Fire Station and in- progress construction photos taken in September which illustrate building framing. He displayed a photograph of the Fire Station taken Thanksgiving week and compared it to the concept drawing. He displayed a concept drawing of the police /court building, identifying areas of the building. He displayed photographs taken in early September showing concrete being poured. He noted a variety of weather conditions were encountered during construction in September through November; nevertheless, a very good job resulted. He identified the temporary wall erected when the east half of the Public Safety building was demolished. Mr. Mar displayed a photograph taken in early November of the police /court building slab and photographs taken Thanksgiving week from the corner of 6`h and Bell showing the elevator pit and the Fire Station in the distance. He said the site work is now being done for the court portion of the building. He anticipated by next July these two buildings will be completed, which would allow demolition of the Edmonds City Council Approved Minutes December 15, 1998 Page 14 existing Public Safety building and the Community Services Building, including the arches, with landscaping completed in the fall. For Council President Pro Tem. Van Hollebeke, Mr. Mar said although there have been change orders, which were anticipated and covered by the contingency fund, the project is within budget. 15. UPDATE ON FERRY OVERHEAD LOADING PROJECT Ferry Community Services Director Paul Mar said Washington State Ferries (WSF) provided this information Overhead approximately ten days ago. WSF advised operation of the overhead loading facility• is approximately Loading Project one month behind schedule. WSF originally anticipated the project would be completed in one year (construction began last December); they now anticipate completion in the second or third week of January. WSF informed him they plan to hold a ribbon cutting ceremony, which they would like to have the Mayor and Council participate in. Final completion of the project, including restoration of Brackett's Landing Park South will be completed in April/May 1999. Council President Pro Tem Van Hollebeke asked if WSF offered any explanation for being behind schedule. Mr. Mar answered that a major cause of the delay was a pre - manufactured piece of the stairwell that was not correctly pre - manufactured and required modifications. 15A. AUTHORIZATION FOR MAYOR TO SIGN LEASE AGREEMENT WITH GTE WIRELESS FOR MOUNTING TELECOMMUNICATIONS SUPPORT FACILITY ON CITY-OWNED PROPERTY (formerly Consent Aaenda Item O) V A Councilmember Nordquist referred to the September 23, 1997, City Council minutes, which indicate Western Wireless' representative said allowing SnoCom to co- locate on the pole was a revenue loss for them due to the loss of space for another carrier to locate on the pole. Councilmember Nordquist said the public and the Council were given the impression at that time that Western Wireless would be a sole user of the pole. He referred to the September 23, 1997, Council minutes and a question he posed regarding whether the lease agreement contained any restrictions on Western Wireless leasing portions of the pole. Mr. Mar advised (in the September 23, 1997 minutes) that Western Wireless was leasing the site and providing the ability for SnoCom and the Public Works Communication System to co- locate on their tower. Councilmember Nordquist recalled he also asked Mr. Mar who would be co- located on the pole and Mr. Mar advised it would be only SnoCom, Public Works, and Western Wireless. The contract indicates "the leasee agrees to allow to co- locate the SnoCom Public Safety Telecommunication equipment on the antenna support structure to be constructed by the lessee located on the subject property." Councilmember Nordquist said the September 1, 1998, minutes indicate Mayor Pro Tern Haakenson observed a public hearing was required for future co- locations and asked if the SnoCom antenna was included in the application. The minutes indicate Mr. Chave said the SnoCom antenna was included in the application; any additional antennas would require another hearing. Councilmember Nordquist questioned why the. City was considering a lease before GTE has gone through the permit processes when the possibility remains that the permits may not be approved, thus voiding the lease. Mr.. Mar said the City's action as a landlord to execute a lease is separate from the City's action as a regulatory agency to review and approve permits. He recalled the Western Wireless lease was approved before permits were issued. Western Wireless understood that the two actions were independent as does GTE. He said the City negotiated the lease with Western Wireless with a provision to allow co- location of the SnoCom Edmonds City Council Approved Minutes December 15, 1998 Page 15 antenna on their pole. The City did not negotiate on behalf of any other entity but also did not exclude others locating on the pole. Councilmember Nordquist said residents in that area are concerned with the possibility of "having a Christmas Tree" on the pole. He felt adding GTE to the pole was just the beginning. He said it was rumored in the City as well as in Kingston that antennas would continue to be added to the pole. He questioned why a lease would be negotiated with GTE when no permits had been approved. Mr. Mar said signing the lease with GTE is an independent action; there is no guarantee their permits will be approved. He said GTE's request is being reviewed by the Architectural Design Board on December 16. Councilmember Nordquist said approving the lease appeared to indicate the City was approving GTE's locating on the pole. Mayor Pro Tem Haakenson asked if it was imperative this lease be signed now or if could it be delayed. Mr. Mar said it could be delayed. Mayor Pro Tem Haakenson suggested further research be done and the lease considered by the Council at the January 5 Council meeting. He suggested Councilmember Nordquist and Mr. Mar meet to discuss this issue further. Mr. Mar said the telecommunications ordinance encouraged co- location on poles; the action proposed by staff does not contradict the direction provided in the ordinance. Mayor Pro Tem Haakenson said GTE had been negotiating with a private property owner for a location to erect their own tower. Mr. Mar said the tower was to be located '/a mile east on multi - residential property. Mayor Pro Tem Haakenson explained rather than having two towers, staff encouraged GTE to co- locate on the existing tower. 16. MAYOR'S REPORT Mayor Pro Tem Haakenson thanked City Clerk Sandy Chase and Senior Executive Council Assistant [No t gs 12/22 Jana Spellman for the refreshments they provided. He also thanked Ms. Spellman for the work she has Council done for the Council during the last year. He advised this was the last Council meeting for 1998; no r 12/29 meeting was scheduled for December 22 or 29. The Council will meet again the first Tuesday in January. He wished everyone a Happy Holiday. 17. COUNCIL REPORTS isioning Council President Pro Tem Van Hollebeke advised a visioning meeting was scheduled for Thursday, Meeting December 17 at 6:30 p.m. at the Floral Center and encouraged the public, Councilmembers, and Mayor Fahey to attend. He explained the presentation would give the public an opportunity to voice their opinions regarding the direction of the City, particularly the downtown and waterfront areas. He thanked Mayor Pro Tem Haakenson for the wonderful job he has done as Council President, handling difficult projects as well as serving as Mayor Pro Tem on. several occasions. He wished everyone a Happy Holiday. eknowl- 'Councilmember Nordquist thanked Mayor Pro Tem Haakenson for the leadership he provided during the dgement of last year. Councilmember Nordquist thanked Administrative Services Director Art Housler for leading Council President the Council and the City through some very interesting years in finance and wished him the best in his Haakenson retirement. He wished everyone a Happy Holiday. and Art Housler Councilmember Miller thanked Mayor Pro Tem Haakenson for his leadership and Councilmember Van Hollebeke for serving as Council President Pro Tem. He thanked his fellow Councilmembers, noting although some difficult issues arose during the year, the Council worked well together. He remarked the Edmonds City Council Approved Minutes December 15, 1998 Page 16 Council's efforts are visible every day in this wonderful community. He wished everyone a Happy Holiday. Councilmember White remarked it had been a fun year. Acknowl- Councilmember Earling thanked Mayor Pro Tern Haakenson for the great job he has done as Council dgement of President. He thanked City Clerk Sandy Chase and Senior Executive Council Assistant Jana Spellman Council for the refreshments they provided the Council. He reiterated Mr. Housler's importance to the City President Haakenson during the past 21 years, including "stepping up to the plate" on occasion under previous administrations Art Housler to ensure the Council was doing the right thing with regard to the budget. Councilmember Earling and cGree thanked Senior Executive Assistant Dee McGrath for the grace and dignity she brought to the Mayor's office during the previous two administrations. He said Ms. McGrath was always fair, conscientious, and did a good job. Downtown Councilmember Plunkett reported members of the Downtown Parking Committee met at the Public Parking Safety site and learned the architect and engineers felt a garage was doable and reasonably logical. Committee However, the cost was considerably more than originally anticipated, up to $1.2 - $1.5 million. The Downtown Parking Committee will recontact property owners who signed the LID petition and inform them of the new figures. Members will also continue to seek new signatures. He said the plan is still to do the LID; when the Downtown Parking Committee successfully completes the process, they will make a written request to the Council. Student Representative Andrea Reid thanked the Council for allowing her to participate and said she found it an enjoyable experience. With no further business, the Council meeting was adjourned at 9:12 p.m. BARBARA O. I ! 71 -/. z2� SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes December 15, 1998 Page 17 ry AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 650 MAIN STREET 7:00 -10:00 P.M. DECEMBER 15, 1998 SPECIAL MEETING 6:45 P.M. — EXECUTIVE SESSION REGARDING LABOR NEGOTIATIONS 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 8, 1998 (C) APPROVAL OF CLAIM WARRANTS #27825 THROUGH #29288 FOR THE WEEK OF DECEMBER 7, 1998, IN THE AMOUNT OF $332,833.41 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM KRISTINE MARIE HOBBS (Amount Unknown) (E) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED NOVEMBER 30, 1998 (F) UPDATE ON HIGHWAY 99 PROJECT (G) APPROVAL OF 1999 EQUIPMENT RENTAL RATES (H) APPROVAL OF CITY COUNCIL SENIOR EXECUTIVE ASSISTANT'S EMPLOYMENT CONTRACT (1) AUTHORIZATION TO CALL FOR BIDS FOR CONSTRUCTION OF SEAWALL AT BRACKETT'S LANDING PARK NORTH (J) AUTHORIZATION TO CALL FOR BIDS FOR POLICE UNIFORMS (K) AUTHORIZATION TO PURCHASE FIVE DEFIBRILLATION UNITS IN 1999 BUDGET (L) AUTHORIZATION TO ADVERTISE FOR REQUEST FOR QUALIFICATIONS FOR UPDATE TO FINANCIAL SYSTEMS SOFTWARE (M) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR LEGAL REPRESENTATION OF INDIGENT DEFENDANTS WITH JAMES FELDMAN (N) AUTHORIZATION FOR MAYOR. TO SIGN AGREEMENT FOR HEARING EXAMINER SERVICES WITH RONALD McCONNELL (0) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR CITY ATTORNEY SERVICES WITH THE FIRM OF OGDEN MURPHY WALLACE (P) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT FOR PROSECUTOR SERVICES WITH JEFFREY GOODWIN CITY COUNCIL MEETING AGENDA DECEMBER 15, 1998 Page 2 of 2 (Q) AUTHORIZATION FOR MAYOR TO SIGN LEASE AGREEMENT WITH GTE WIRELESS FOR MOUNTING TELECOMMUNICATIONS SUPPORT FACILITY ON CITY -OWNED PROPERTY (R) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH MACAULAY AND ASSOCIATES, LTD FOR SUMMARY APPRAISAL REPORTS FOR THE 76- AVENUE WEST ROCKERY REPLACEMENT PROJECT AND FEASIBILITY VERIFICATION ANALYSIS FOR THE PERRINVILLE SANITARY SEWER LID PROJECT (S) PROPOSED RESOLUTION COMMENDING ANDREA REID, STUDENT REPRESENTATIVE (T) PROPOSED RESOLUTION ADOPTING THE UPDATED FEE SCHEDULE FOR PLANNING, ENGINEERING, AND BUILDING FEES (U) PROPOSED ORDINANCE TO INCREASE THE CITY OF EDMONDS REGULAR PROPERTY TAX LEVY TO 103% OF THE LEVY BASED UPON A FINDING OF SPECIAL NEED 3. (30 Min.) CLOSED RECORD MEETING — APPEAL OF THE HEARING EXAMINER'S DECISION TO APPROVE A CONDITIONAL USE PERMIT AND ARCHITECTURAL DESIGN REVIEW TO ALLOW A DRIVE - THROUGH ESPRESSO STAND WITHIN A NEIGHBORHOOD BUSINESS (BN) ZONE (Property Location: 10117 Edmonds Way I Appellant: Karissa Bresheare I File No. AP -98 -190 / Applicant: Donald Udhus I File No. CU -98 -139, ADB -98 -140) 4. (20 Min.) PUBLIC HEARING — AMENDING THE PROVISIONS OF EDMONDS COMMUNITY DEVELOPMENT CODE 16.50.020(A) TO EXEMPT SUBSURFACE BUILDINGS AND STRUCTURES, PROPERLY LANDSCAPED, FROM SETBACK REQUIREMENTS 5. AUDIENCE COMMENTS (3 Minute Limit Per Person) 6. (15 Min.) PROPOSED ORDINANCE REFUNDING 1993 AND 1995 GENERAL OBLIGATION BONDS 7. (10 Min.) REPORT ON SOUTH COUNTY SENIOR CENTER LONG RANGE PLAN 8. (20 Min.) UPDATE ON CHAMBERS CABLE REBUILD PROJECT 9. (5 Min.) PRESENTATION OF RESOLUTION TO STUDENT REPRESENTATIVE ANDREA REID 10. (10 Min.) APPROVAL OF EMPLOYEE SUGGESTION AWARD — WASTEWATER TREATMENT PLANT 11. (5 Min.) PROPOSED ORDINANCE AMENDING THE 1998 BUDGET AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS 12. (15 Min.) PROPOSED ORDINANCE ADOPTING THE 1999 BUDGET 13. (5 Min.) UPDATE ON APPLICATION FOR A FOUR -LOT SHORT SUBDIVISION LOCATED AT 9222 — 240TH STREET SW (Applicant: Charles Warner) 14. (10 Min.) BRIEFING ON CONSTRUCTION PROGRESS FOR PUBLIC SAFETY COMPLEX AT CIVIC CENTER SITE 15. (5 Min.) UPDATE ON FERRY OVERHEAD LOADING PROJECT 16. (5 Min.) MAYOR'S REPORT 17. (15 Min.) COUNCIL REPORTS Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 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 TTrednesdoy, Friday and Alonday at noon on Channel 32.