01/04/2005 City Councili� M .,9l
Following a Special Meeting at 6:30 p.m. for an Executive Session regarding two legal matters, the
Edmonds City Council meeting was called to order at 7:10 p.m. by Mayor Haakenson in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Gary Haakenson, Mayor
Richard Marin, Council. President
Michael. Plunkett, Councilmember
Jeff Wilson, Councilmember
Mauri Moore, Councilmember
Peggy Pritchard Olson, Councilmember
Dave Orvis, Councilmember
Deanna Dawson, Councilmember
ALSO PRESENT
Bryan Huntzberger, Student Representative
APPROVAL OF AGENDA
STAFF PRESENT
David Stern, Chief of Police
Duane Bowman, Development Services Director
Dan Clements, Administrative Services Director
Brian McIntosh, Parks & Recreation Director
Jennifer Gerend, Economic Development Dir.
Frances Chapin, Cultural Resources Coordinator
Star Campbell, Planner
Debi Humann, Human Resources Manager
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council. Asst.
Mayor Haakenson referred to Item K, a proposed ordinance that provided the Council the opportunity to
Change to
Agenaa reenact an interim zoning regulation clarifying the application of roof height above 25 feet as part of a
modulated roof and /or building design. He recalled the Council approved an interim ordinance with
regard to this matter last spring with the idea the Planning Board would consider the matter as part of
their Comprehensive Plan review during the year. The interim ordinance was in effect for six months;
however, the Planning Board never considered the issue and the interim ordinance expired last fall.
Mayor Haakenson explained staff failed to make the Council aware of the pending expiration in a timely
manner and only discovered it two weeks ago. Since the Council was not in session at that time, it was
placed on the first Consent Agenda of the year. The City Clerk's Office and Development Services
Department have now created a process that will ensure this does not occur again and staff apologizes for
the confusion. He noted in the future when the Council approved an interim ordinance, it would be
placed on the Council's extended agenda as an action item approximately one month before the expiration
date.
Mayor Haakenson advised since the interim ordinance no longer existed, he suggested the Council pull
Item K from the Consent Agenda and place it on the agenda as Item 3A and move Item 3 to 3B. Mayor
Haakenson explained the Council had three options since the interim ordinance no longer exists, 1) take
no action, 2) revise the interim ordinance provided a public hearing was held first, or 3) create a new
interim ordinance that could be entirely different than the expired ordinance. He advised City Attorney
Scott Snyder would brief the Council further when the Council considered the item.
Edmonds City Council Approved Minutes
January 4, 2005
Page 1
COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILLMEMBER MARIN, TO
APPROVE THE AGENDA AS AMENDED (MOVING CONSENT AGENDA ITEM K TO
AGENDA ITEM 3A). MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
Councilmember Marin requested Item E be removed from the Consent Agenda so that he could abstain
from the vote.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR
APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED
UNANIMOUSLY. The agenda items approved are as follows:
(A) ROLL CALL
Approve
12/14/04 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 14, 2004.
Minutes
Approve (C) APPROVAL OF CLAIM CHECKS #75978 THROUGH #76165 FOR THE WEEK OF
Claim DECEMBER 13, 2004, IN THE AMOUNT OF $243,290.13. APPROVAL OF CLAIM
Checks CHECKS #76176 THROUGH #76305 FOR 'IIIE WEEK OF DECEMBER 20, 2004, IN
THE AMOUNT OF $418,559.19. APPROVAL OF CLAIM CHECKS #76306 THROUGH
#76359 FOR THE WEEK OF DECEMBER 27, 2004, IN THE AMOUNT OF $80,461.64.
APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #39907 THROUGH
#39986 FOR THE PERIOD DECEMBER I THROUGH DECEMBER 15, 2004, IN THE
AMOUNT OF $827,230.63.
Claim for
amages (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JONATHAN SCOTT
($428.85).
B adof (F) AUTHORIZATION TO AMEND THE DRAFT INTERLOCAL AGREEMENT FOR A
Appeals REGIONAL BOARD OF APPEALS REGARDING PUBLIC NOTIFICATION.
Arts cltural ( ) eats
and Cultural G AUTHORIZATION TO AWARD CONTRACTS TO LOCAL ARTS ORGANIZATIONS
Tourism I FOR PROMOTION OF ARTS EVENTS AND CULTURAL TOURISM.
so. county (H) AUTHORIZATION FOR THE MAYOR TO SIGN RECREATIONAL SERVICES
Senior Center AGREEMENT WITH THE SOUTH COUNTY SENIOR CENTER.
ar St. SW m AUTHORIZATION TO PURCHASE PROPERTY AND ACCEPTANCE OF A
Improvement
Project STATUTORY WARRANTY DEED FOR THAT PROPERTY FROM MICHAEL R.
BETCHER IN CONJUNCTION WITH THE 220- STREET SW IMPROVEMENTS
PROJECT.
Res# 1078
Commend
( J ) RESOLUTION NO. 1078 COMMENDING COUNCIL PRESIDENT MICHAEL
Plunkett
PLUNKETT FOR HIS SERVICE
Item E: Annroval of List of Edmonds Businesses AnDIvin! for Renewal of their Liquor Licenses with the
Washington State Liquor Control Board
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER OLSON, FOR
APPROVAL OF ITEM E. MOTION CARRIED (6 -0 -1), COUNCILMEMBER MARIN
ABSTAINED. The item approved is as follows:
Liquor (E) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF
Control THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL
Board BOARD.
Edmonds City Council Approved Minutes
January 4, 2005
Page 2
3A. PROPOSED ORDINANCE REENACTING AN INTERIM ZONING REGULATION ADOPTED
HBu;ght/ PURSUANT TO RCW 35A.63.220 CLARIFYING THE APPLICATION OF ROOF HEIGHT
eight/
Modulated ABOVE TWENTY -FIVE (25) FEET AS A PART OF MODULATED ROOF AND /OR BUILDING
Design i DESIGN.
City Attorney Scott Snyder suggested the Council approve an ordinance declaring a moratorium on
applications for building height in excess of 25 feet based on modulated design and a resolution setting a
public hearing.
COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER WILSON, TO
CONSIDER A MORATORIUM ORDINANCE DECLARING A MORATORIUM ON
APPLICATIONS FOR BUILDING HEIGHT IN EXCESS OF 25 FEET BASED ON MODULATED
DESIGN AND A RESOLUTION SETTING A PUBLIC HEARING. MOTION CARRIED
UNANIMOUSLY.
Mr. Snyder explained as he reviewed with the Council in Executive Session, the decision in Bauer v.
Edmonds made a clear ruling regarding the interpretation and application of the height ordinance and that
ruling was effective as to that application. The judge's ruling however raised two other issues, one
regarding the application of view provisions in the Architectural Design Board provision 20.1.0.070 and
the other regarding whether bulk requirements and other specific requirements of the Zoning Code need,
in the context of an application, to be consistent with the Comprehensive Plan. Staff's concern as
expressed to the Council is if an application is received in the next weeks or months, it is unclear what
rules should be applied. The Bauer decision clearly governs the existing application; however, a new
applicant would establish a new record and new decision.
Mr. Snyder explained the interim ordinance originally on the agenda was intended to address the height
limit during the interim period. He clarified by interim, he meant the Planning Board was currently
considering Comprehensive Plan policies that would eventually when /if enacted be forwarded to the
Council in the form of development regulations, typically a 6 -8 month process. He noted that left a
period of 6.8 months in which the City was in the difficult position of trying to explain the rules to
applicants.
Mr. Snyder stated the ordinance now before the Council imposes a moratorium on the acceptance of
Architectural Design Board applications or building permit applications that were not otherwise vested.
He noted this would prevent the City from the risk of the filing of a new building permit application while
the process continues. He noted there was one pending ADB application that had been through the
process, received the permits and was in the building stage that was vested under existing State law. He
explained the moratorium ordinance, similar to an interim ordinance, requires a public hearing within 60
days of adoption. He explained the resolution establishes a public hearing at a date to be specified by the
Council. He suggested the Council hold the public hearing on the moratorium in conjunction with the
pre - hearing on potential interim zoning ordinances to 1) address the view issue, 2) address the issue of
consistency in bulk standards that the judge's decision raised, and 3) address the modulated building
design issue that has lapsed.
Mr. Snyder noted in the Bauer decision, he filed on behalf of the City with the Mayor's authorization, a
motion for reconsideration which the applicant also filed. He noted the City's motion did not take a
position on the vesting issues the applicant raised and did not challenge the judge's decision, it only asked
for clarification on two issues in the judge's decision that refer to rehearing.
Councilmember Dawson clarified the action the Council was considering was enacting a moratorium,
holding a public hearing in two weeks and in the meantime no new ADB applications would be accepted
Edmonds City Council Approved Minutes
January 4, 2005
Page 3
or building permits issued. Following the public hearing, it was anticipated the Council would enact a
new interim ordinance that addressed buildings over 25 feet. She noted the interim ordinance would
again be considered when the Planning Board completed their review of the Comprehensive Plan issue.
She concluded this was a way to stop the process and make sure the public was heard before a new
ordinance was enacted. She noted at this point no one had taken a position on the content of a new
interim ordinance should one be enacted following the public hearing.
III] W o] [4 1110,1109 01MORM1111,113 in" 'if I
'I W J 1111 LIVE 13
Councilmember Dawson explained Ordinance No. 3530 basically said that the decision from Superior
Court in Bauer v. City of Edmonds would control that case and would not necessarily control any other
case. Because there is uncertainty how a court would rule in the future, in order to provide an opportunity
to clarify issues, the Council will enact a moratorium on any new ADB applicants or building permits on
any projects not already vested and set a public hearing on the moratorium for January 18, 2005. She
explained the resolution states the Council will set a public hearing for January 18, 2005 and consider an
interim zoning ordinance regarding height restrictions, modulation issues and the zoning moratorium.
Following the public hearing, it was anticipated an interim zoning ordinance would be adopted until the
Planning Board completed their process.
Councilmember Wilson clarified the moratorium did not affect all ADB applications, only those that
utilized the provision that allowed a building to exceed 25 feet via the use of building modulation.
Councilmember Dawson agreed it was only on applications affected by this court decision.
Ord# 3530 MOTION CARRIED UNANIMOUSLY. The ordinance and resolution read as follows:
Zoning
Moratorium ORDINANCE NO. 3530 - ADOPTING A ZONING MORATORIUM ON THE ACCEPTANCE OF
on ADB or
Building ARCHITECTURAL, DESIGN BOARD APPLICATIONS OR BUILDING PERMIT
Permit APPLICATIONS, NOT OTHERWISE VESTED PURSUANT TO STATE LAW PRIOR TO DATE
Applications OF ENACTMENT OF THIS ORDINANCE, WHICH SEEK TO UTILIZE MODULATED DESIGN
e: Building
Height and IN ORDER TO OBTAIN A BUILDING HEIGHT IN EXCESS OF THE TWENTY -FIVE FOOT
Modulated HEIGHT LIMITATION ESTABLISHED BY ECDC 16.50.020(A)(2), SETTING A PUBLIC
Design HEARING THEREON WITHIN SIXTY DAYS, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
rtes# 1081
Set a Public RESOLUTION NO. 1.081 - SETTING A PUBLIC HEARING REGARDING INTERIM ZONING
Hearing re: ORDINANCES TO CLARIFY MODULATED DESIGN AND THE CALCULATION OF HEIGHT,
Interim ADOPT A DEFINITION OF VIEW, AND CLARIFFY THAT COMPREHENSIVE PLAN
Zoning
Ordinances— CONSISTENCY DOES NOT LIMIT AN APPLICANT'S UTILIZATION OF FULL USE OF BULK
RIGHTS GRANTED UNDER THE ZONING CODE.
3B. AUDIENCE COMMENTS
Stephen Bernheim, 216 4th Avenue N, Edmonds, saluted Architectural Design Board Member Micky
City Bauer of . Nelson for her resignation in protest over the ADB's decision that was reversed by the Superior Court. He
Edmonds anticipated the ordinance on tonight's Consent Agenda would have passed if citizens had not taken action
and as a result there would have been more confusion. He hoped this action would not be necessary in
the future. He expressed his pleasure at the Council's unanimous decision. He recalled Councilmember
Marin's request for the parties to bring demonstrative exhibits into the process such as photos, models,
perspective drawings. Mr. Bernheim recalled the inadequacy of the two - dimensional drawings in
evaluating the project and suggested the Council be provided projections of what the City would look like
with a 35 -foot height limit with a setback on the third floor, with a 25 -foot height limit as well as an
Edmonds City Council Approved Minutes
January 4, 2005
Page 4
artist's conception of the parking near the train station. He also encouraged the Council to listen to
citizens' comments. He encouraged all citizens to obtain a copy of the petition that was being circulated
to limit heights to 25 -feet. He concluded the plaintiffs of this lawsuit spent in excess of $22,000 in this
effort and as a new citizen to Edmonds, he was disappointed this had been necessary. He encouraged
those interested in this issue to donate to their legal fund.
Roger Hertrich, 1020 Puget Drive, Edmonds, recalled staff and the Planning Board developed a
Averaging number of districts including one with a Master Plan as its planning source. He asserted that staff's input
oei Build
Heights on the Master Plan area which included a discussion of averaging must have been directed by the Mayor
High Rise or Council. He urged the Mayor or Council take credit for having the Planning Manager create an
Buildings impression that heights were just being averaged when in reality it would result in high -rise buildings. He
encouraged the Mayor or Council to take the initiative to tell the Planning Board they did not want high
Planning rises in Edmonds. He expressed concern with the Planning Board's procedure, recalling at the conclusion
Board of the public hearing, Planning Board did not make a decision but requested staff provide additional
Procedure p g� g q p
information and prepare Findings of Fact. He questioned how staff could prepare Findings of Fact if the
Planning Board had not yet made a decision. Further, he objected to the Economic Development Director
providing testimony as public comment during the Planning Board's public hearing, pointing out her
input should have been provided during the staff presentation.
Mayor Haakenson asked for clarification regarding the location of the high -rise area. Mr. Hertrich
answered Harbor Square and west of the ferry. Mayor Haakenson advised he and the Council would look
into the issue.
Matthew Burnham, 4728177th Place SE, Bothell, commented he was the applicant in the court decision
Bauer v. that was discussed earlier. He expressed his faith in the system and his belief that the Council knew what
City of to do and would do what was right for the City of Edmonds. He noted they had spent more on attorneys'
Edmonds
fees than the $22,000 Mr. Bernheim indicated their group spent, pointing out that was just part of
business and part of the process. He looked forward to the public hearing in two weeks.
James Mallonee, 217 51h Avenue N, Edmonds, expressed his thanks to the judge who overturned the
Bau r of . decision on the development to the south of his property. With regard to Mr. Burnham's comment
Edmonds regarding spending more money, he noted that unlike Mr. Burnham who lived in Bothell, in addition to
contributing to Mr. Bernheim's efforts, he was an Edmonds taxpayer and objected to the City spending
money to defend the lawsuit. He commended Mr. Bernheim and Mr. Marmion for having the fortitude to
fight the city. He recalled testifying before the City regarding the Spec building, wishing now that he had
proceeded to Superior Court which may have stopped that building which eliminated his view of the ferry
dock.
Bauer v. Darrell Marmion, 750 Edmonds Street, Edmonds, took offense to the applicant's comment, pointing
City of out the applicant was here trying to get their project approved and their investment of $30,000 - $40,000 in
Edmonds legal fees was done in the hopes they could recoup the money via the project. He pointed out the
audience members were not here for a project; they were here to protect the City's future.
New Student 4. INTRODUCTION OF STUDENT REPRESENTATIVE BRYAN HUNTZBERGER
Representa-
ive Councilmember Plunkett introduced Bryan Huntzberger, a lifelong resident of Edmonds and a senior at
Meadowdale High. School, and described his interests, school and social activities, and college plans.
5. SELECTION OF COUNCIL PRESIDENT
Mayor Haakenson opened the floor for nominations.
Edmonds City Council Approved Minutes
January 4, 2005
Page 5
COUNCILMEMBER MOORE NOMINATED RICHARD MARIN AS THE COUNCILL
PRESIDENT FOR 2005. COUNCILMEMBER PLUNKETT SECONDED THE NOMINATION.
2005
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO
Council
CLOSE NOMINATIONS. MOTION CARRIED UNANIMOUSLY.
President:
Michael Plunkett, Peggy Prichard Olson
Richard
Deanna Dawson, Dave Orvis
Marin
NOMINATION FOR RICHARD MARIN AS THE COUNCIL PRESIDENT FOR 2005 CARRIED
I110T.110 1uc11i>;yw•�
SELECTION OF COUNCIL PRESIDENT PRO TEM
Mayor Haakenson opened the floor for nominations.
COUNCILMEMBER DAWSON NOMINATED JEFF WILSON AS COUNCIL PRESIDENT PRO
TEM FOR 2005. COUNCIL PRESIDENT MARIN SECONDED THE MOTION.
2005
Council COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
President
Pro Tem: CLOSE NOMINATIONS. MOTION CARRIED UNANIMOUSLY.
Jeff Wilson
NOMINATION FOR JEFF WILSON AS COUNCIL PRESIDENT PRO TEM FOR 2005 CARRIED
UNANIMOUSLY.
7. PRESENTATION OF PLAQUE AND RESOLUTION COMMENDING MICHAEL PLUNKETT
FOR HIS SERVICE AS COUNCIL PRESIDENT
Thanking
Michael Council President Marin read a resolution commending Michael Plunkett for his service as Council
Plunkett for President from January — December 2004. He also presented him a plaque in recognition of his service.
Service as
Council
President Councilmember Plunkett commented the successes of the past year could be attributed to the Mayor and
his great staff. He expressed his thanks to the Council and to Development Services Director Duane
Bowman, Community Services Director Stephen Clifton, Fire Chief Tom Tomberg, Police Chief David
Stern, City Attorney Scott Snyder and Administrative Services Director Dan Clements.
2005 8. COUNCIL PRESIDENT - APPOINTMENT OF COMMITTEE REPRESENTATIVES
onnnittee
Appointments
Council. President Marin read the following appointments of Committee representatives:
Committee
Representative
Community Serv. /Dev. Serv. Committee
Jeff Wilson, Mauri Moore
Finance Committee
Michael Plunkett, Peggy Prichard Olson
Public Safety
Deanna Dawson, Dave Orvis
Community Outreach
Mauri Moore, Richard Marin and Peggy Prichard
Olson
Community Transit
Richard Marin, Mauri Moore (Alt)
Disability Board
Deanna Dawson, Dave Orvis
Edmonds Downtown Parking
Michael Plunkett
Economic Development Advisory Board.
Michael Plunkett
Edmonds Crossing Project (Multimodal)
Jeff Wilson, Deanna Dawson
Highway 99 Task Force
Richard Marin, Jeff Wilson, Peggy Pritchard Olson
Historic Preservation Advisory Comm.
Michael Plunkett
Long Range Task Force
Mauri Moore, Richard Marin
Edmonds City Council Approved Minutes
January 4, 2005
Page 6
Res# 1079
Appoint R.
Marin to
Health
District
Board
Res# 1080
Appoint R.
Marin to
Community
Transit
Board
Lodging Tax Advisory Committee
Peggy Prichard Olson
SnoCom
Deanna Dawson
PFD Oversight Committee
Dave Orvis, Mauri Moore
Port of Edmonds
Dave Orvis
SeaShore Transportation Forum
Peggy Pritchard Olson, Mauri Moore
Snohomish County Health District
Richard Marin
Snohomish County Tomorrow
Jeff Wilson, Deanna Dawson (Alt)
WIRA -8
Richard Marin
PROPOSED RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH
COUNTY HEALTH DISTRICT BOARD
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR
APPROVAL OF RESOLUTION NO. 1079, APPOINTING RICHARD MARIN TO THE
SNOHOMISH COUNTY HEALTH DISTRICT BOARD. MOTION CARRIED UNANIMOUSLY.
10. PROPOSED RESOLUTION APPOINTING COUNCILMEMBERS TO THE SNOHOMISH
COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF
DIRECTORS
COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR
APPROVAL OF RESOLUTION NO. 1080, APPOINTING RICHARD MARIN TO THE
SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION
BOARD OF DIRECTORS AND MARRI MOORE AS THE ALTERNATE. MOTION CARRIED
UNANIMOUSLY.
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�R[lI.Y.It13��ifl: 1 �1P/:11311T�711�1.1■I.C17: � \/ U 1 11 : '_ `llatl]i1■IYa11
Request to PROPERTY ADDRESSED AS 808 DALEY STREET. (APPLICANTS: ROY AND SYLVIA
Vacate Portion a
Portioo n of ROBINSON AND JOHN AND LOIS RYAN / FILE NO. ST-04-49)
he 8°i Ave
N Right of Planner Star Campbell displayed a map identifying the property requested to be vacated by the property
ay
owners to the east and west. She explained staff has reviewed the proposal; the Engineering Division
looked at this property and considered the vacation request and are supportive of the request. She noted
this was an unopened portion of right -of -way that was not intended to be opened in the future and the City
did not have any utilities on the property and will not retain any easements. Further, the City had no
plans for building a pedestrian trail or retaining an easement for pedestrian use.
Mayor Haakenson opened the public participation portion of the public hearing.
Keith Simanton, 805 Daley Street, Edmonds, inquired about the wedge shaped piece to the east of the
property
Ms. Campbell explained that triangular piece had been previously incorporated into the property at 808
Daley Street.
Rowena Miller, 8711 182nd Place SW, Edmonds, inquired whether the City received any payment for
this vacation.
Mayor Haakenson closed the public hearing.
Edmonds City Council Approved Minutes
January 4, 2005
Page 7
In response to Ms. Miller's question, Ms. Campbell explained with each vacation request, the applicants
must submit an appraisal by an appraiser with MAI certification. The appraisal established a fair market
value for the property of $125,000; according to the City's Code that establishes rules for street vacation,
if the Council approves the vacation request, the applicant would pay half of the established fair market
value for the property.
Councilmember Orvis asked if half of the fair market value was the total amount the applicant paid or the
minimum they could pay. Ms. Campbell answered the Code required the applicant to pay half the
appraised value of the property. City Attorney Scott Snyder advised that was in accordance with State
statute.
In anticipation of a question why the applicant was not required to pay full fair market value,
Councilmember Plunkett asked whether the reason for requiring the applicant to pay half was because the
property was determined to be of little or no value to the City. Mr. Snyder answered the rationale for the
legislation that applied to right -of -way vacation was that most rights -of -way were acquired originally
from the owners of the property via dedication; therefore, in effect they were buying something back that
at some point they gave to the public.
COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER WILSON, TO
DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE OF "INTENT TO VACATE"
THE SUBJECT PORTION OF THE 8T" AVENUE N. RIGHT-OF-WAY DIRECTLY ADJACENT
TO AND IMMEDIATELY WEST OF THE PROPERTY ADDRESSED AS 808 DALEY STREET.
PURSUANT TO ECDC SECTION 20.70.140 THE APPLICANT MUST PROVIDE PAYMENT OF
$62,500 (ONE -HALF THE FAIR MARKET VALUE) WITHIN 90 DAYS OF THE ADOPTION OF
SAID RESOLUTION, OTHERWISE THE VACATION APPROVAL SHALL BECOME NULL
AND VOID. MOTION CARRIED UNANIMOUSLY.
Mr. Snyder advised the ordinance would be prepared and placed on a future Consent Agenda.
12. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF DECEMBER 14 2004
Community/
Development Community Services /Development Services Committee
Services Councilmember Wilson reported on the Committee's discussion of a regional. Board of Appeals. He
Committee
described staff's efforts to establish a regional Board of Appeals that would review technical issues such
as construction materials or construction techniques. He noted Snohomish County, one jurisdiction
considering participating in the regional Board, balked at providing public notice to surrounding property
owners. Following further discussion and recognition that the issues considered by the Board affected
only building construction and must still adhere to all local, state and federal standards, it was agreed it
would be appropriate to dispense with the public notice provisions. The Committee recommended
approval and the amended Interlocal Agreement was approved on tonight's Consent Agenda.
Finance Finance Committee
Cornmitcee Councilmember Orvis reported several of the items discussed by the Committee were approved on the
Council's December 14 Consent Agenda. Staff briefed the Committee on a proposed Parks
reorganization that could potentially save money for the City; this will be presented to the Council
throughout the year. The Committee also discussed the Non - Represented Salary Ordinance; L -5
adjustments will be presented to the Finance Committee by Human Resources in January.
Public Public Safety Committee
safety Councilmember Olson reported staff presented the Committee a three -year amendment to the animal
committee control services contract between Mountlake Terrace and Edmonds. Both cities want to continue the
Edmonds City Council Approved Minutes
January 4, 2005
Page 8
contract; the terms of the contract will be from January 1, 2005 through December 31, 2007. She
reported a minor revision, adding a new clause regarding the annual CPI adjustment to the hourly fee for
services in excess of the base 1,044 hours per year.
13. MAYOR'S COMMENTS
Mayor Haakenson expressed his pleasure for the experience of working with Councilmember Plunkett
over the past year as Council President and looked forward to working with Council President Marin and
Council President Pro Tem Wilson in the coming year.
Mayor Haakenson wished Councilmember Moore Happy Birthday on January 6.
14. COUNCIL COMMENTS
Councilmember Plunkett expressed his thanks to City Clerk Sandy Chase and Senior Executive Council
Assistant Jana Spellman, for their patience, knowledge and experience in helping him learn how the
Council President position worked.
Mayor Haakenson expressed his pleasure at working with Council President Pro Tem Dawson during
2004.
Council President Marin thanked the Council for their confidence selecting him as Council President. He
identified upcoming agenda items including Council Committee meetings next Tuesday; the interim
ordinance mentioned tonight and the utility rate study on January 18; and a discussion regarding quasi
judicial matters, a discussion regarding next steps for the design guidelines, and a work session on
proposed Comprehensive Plan amendments on January 25. He advised a public hearing on the proposed
Comprehensive Plan amendments was scheduled for the February 15 Council meeting.
Councilmember Wilson thanked the Council for their support over the past year.
Councilmember Moore thanked Councilmembers Plunkett and Dawson for their service as Council
President and Council President Pro Tem over the past year. She looked forward to working with
Council President Marin and Council President Pro Tem Wilson, remarking both were very intelligent
and committed to the community and have done a great job thus far as Councilmembers.
Councilmember Dawson wished everyone a Happy New Year and congratulated Council President Pro
Tem Wilson and Council President Marin. She welcomed Student Representative Bryan Huntzberger and
encouraged him to provide his input to the Council.
Excused COUNCILMEMBER OLSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
Absences EXCUSE COUNCILMEMBERS DAWSON AND MOORE FROM THE DECEMBER 14, 2004
CITY COUNCIL MEETING. MOTION CARRIED(5-0-2),COUNCILMEMBERS DAWSON AND
MOORE ABSTAINED.
Student Representative Huntzberger remarked this was an interesting experience and he looked forward
to future Council meetings.
With no further business,the Council meeting was adjourned at 8:15 p.m.
i
• 'Y ric • NSON,MAYOR SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
January 4,2005
Page 9
AGENDA
EDMONDS CITY COUNCIL
Council Chambers, Public Safety Complex
250 5t' Avenue North
7:00 - 10:00 p.m.
JANUARY 4, 2005
6:30 p.m. - Executive session regarding two legal matters.
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 14, 2004.
(C) Approval of claim checks #75978 through #76165 for the week of December
13, 2004, in the amount of $243,290.13. Approval of claim checks #76176
through #76305 for the week of December 20, 2004, in the amount of
$418,559.19. Approval of claim checks #76306 through #76359 for the week of
December 27, 2004, in the amount of $80,461.64. Approval of payroll direct
deposits and checks #39907 through #39986 for the period December 1
through December 15, 2004, in the amount of$827,230.63.
(D) Acknowledge receipt of Claim for Damages from Jonathan Scott ($428.85).
(E) Approval of list of Edmonds businesses applying for renewal of their liquor
licenses with the Washington State Liquor Control Board.
(F) Authorization to amend the draft Interlocal Agreement for a Regional Board of
Appeals regarding public notification.
(G) Authorization to award contracts to local arts organizations for promotion of
arts events and cultural tourism.
(H) Authorization for the Mayor to sign Recreational Services Agreement with the
South County Senior Center.
(I) Authorization to purchase property and acceptance of a Statutory Warranty
Deed for that property from Michael R. Betcher in conjunction with the 220th
Street SW improvements project.
Page 1 of 2
CITY COUNCIL MEETING AGENDA
January 4, 2005
Page 2 of 2
(J) Proposed Resolution commending Council President Michael Plunkett for his
service.
(K) Proposed Ordinance reenacting an interim zoning regulation adopted pursuant
to RCW 35A.63.220 clarifying the application of roof height above twenty-five
(25) feet as a part of modulated roof and/or building design.
3. Audience Comments (3 Minute Limit Per Person)*
*Regarding matters not listed as Closed Record Review or as Public Hearings.
4. ( 5 Min.) Introduction of Student Representative Bryan Huntzberger
5. ( 5 Min.) Selection of Council President
6. ( 5 Min.) Selection of Council President Pro Tem
7. ( 5 Min.) Presentation of plaque and resolution commending Michael Plunkett for his
service as Council President.
8. ( 5 Min.) Council President -Appointment of Committee Representatives
9. ( 5 Min.) Proposed Resolution appointing a Councilmember to the Snohomish County
Health District Board.
10. ( 5 Min.) Proposed Resolution appointing Councilmembers to the Snohomish County
Public Transportation Benefit Area Corporation Board of Directors.
11. (30 Min.) Public Hearing on a request to vacate a portion of the 8' Avenue North right of
way directly adjacent to and immediately west of the property addressed as
808 Daley Street. (Applicants: Roy and Sylvia Robinson and John and Lois
Ryan / File No. ST-04-49)
12. ( 5 Min.) Report on City Council Committee Meetings of December 14, 2004.
13. ( 5 Min.) Mayor's Comments
14. (15 Min.) Council Comments
ADJOURN
Parking and meeting rooms are accessible for persons with disabilities.
Please contact the City Clerk at(425) 771-0245 with 24 hours advance notice for special accommodations.
A delayed telecast of the meeting appears on cable television-Government Access Channel 21.