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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. [fly 111 a 0 [aI I WR 7 ►[i0312 /:M 71[1111 x.Y S C6i/:TW17111 x/:11 a] 7111/30103 X1111:1 W.W.W: \II Iletel0§12[1] 7111:1 �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.