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10/19/1999 City Council1 EDMONDS CITY COUNCIL APPROVED. MINUTES OCTOBER 19, 1999 The Edmonds City Council meeting was called to order at 7:01 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dick Van Hollebeke, Council President Pro Tem Gary Haakenson, Councilmember Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember (arrived 7:08 p.m.) Jim White, Councilmember ABSENT Thomas A. Miller, Council President ALSO PRESENT Christie Lee, Student Representative APPROVAL OF AGENDA STAFF PRESENT Ray Miller, Development Services Director Peggy Hetzler, Administrative Services Director Jeff Wilson, Planning Supervisor Noel Miller, Public Works Director James Walker, City Engineer Don Fiene, Assistant City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder Mayor Fahey requested a Proclamation regarding "Make a Difference Day" be added to the agenda as hange to Item 9A. genda COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE, TO ADD A PROCLAMATION REGARDING "MAKE A DIFFERENCE DAY" TO THE AGENDA AS ITEM 9A. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE, TO ADD A RESOLUTION TO THE CONSENT AGENDA AUTHORIZING THE MAYOR AND CITY ATTORNEY TO SIGN DOCUMENTS NECESSARY TO SECURE A LOAN FROM SNOHOMISH COUNTY TO COVER EDMONDS' SHARE OF THE SNOCOM REMODEL AND EXPANSION. MOTION CARRIED. Mayor Fahey advised the resolution would be added to the Consent Agenda as Item L. COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE CONSENT AGENDA AS AMENDED. MOTION CARRIED. The agenda items approved are as follows: Edmonds City Council Approved Minutes October 19, 1999 Page 1 (A) ROLL CALL pprove (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 5, 1999 inutes (C) APPROVAL OF CLAIM WARRANTS #35005 THROUGH 436615 FOR THE WEEK OF pprove OCTOBER 4, 1999, IN THE AMOUNT OF $238,572.05. APPROVAL OF CLAIM [aim arrants WARRANTS #35884 THROUGH #36750 FOR THE WEEK OF OCTOBER 11, 1999, IN THE AMOUNT OF $168,656.54. APPROVAL OF PAYROLL WARRANTS #26324 THROUGH 926453 FOR THE PERIOD SEPTEMBER 16 THROUGH SEPTEMBER 30, 1999, IN THE AMOUNT OF $346,057.98. [aims for (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM CYNTHIA amages SIMMONS ($253.00), AND RITA VASQUEZ ($2,223.00) urchase of (E) REPORT ON QUOTES RECEIVED FOR THE PURCHASE OF A VIKING SIX - BURNER iking I STAINLESS RANGE AND ISLAND TRIM KIT ($4,402.64) [Range urchase of (F) REPORT ON BIDS RECEIVED OCTOBER 5, 1999, FOR THE PURCHASE OF A 48" Lawn LAWN MOWER WITH GRASS LIFT SYSTEM FOR THE CEMETERY ower greement (G) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO AGREEMENT with Comm. BETWEEN COMMUNITY TRANSIT AND CITY OF EDMONDS FOR PASS THROUGH Transit OF SECTION 3 DISCRETIONARY FUNDS FROM THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR MULTIMODAL TRANSPORTATION CENTER PROJECT ublic afety (H) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT ommuni- WITH ABA / BTS, INC. FOR PUBLIC SAFETY COMPLEX COMMUNICATION a t SYSTEM yste m (1) AUTHORIZATION FOR MAYOR TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO SELL SURPLUS EQUIPMENT quip ment wp (J) AUTHORIZATION FOR MAYOR TO PROVIDE A DISTRIBUTION EASEMENT a UD N No. o. I WITHIN THE PUBLIC SAFETY COMPLEX TO SNOHOMISH COUNTY PUBLIC UTILITY DISTRICT NO. 1 as (K) ACCEPTANCE OF INGRESS/EGRESS EASEMENT FROM MICHAEL J. KERR AND Kerr r /Clay /Clay DIANA L. CLAY eso #962 (L) RESOLUTION NO. 962 AUTHORIZING THE MAYOR AND CITY ATTORNEY TO noCom SIGN DOCUMENTS NECESSARY TO SECURE A LOAN FROM SNOHOMISH Remodel COUNTY TO COVER EDMONDS' SHARE OF THE SNOCOM REMODEL AND EXPANSION losed Discussion Regarding Item 5 (Presentation of Written Arguments to Dismiss Closed Record Record Appeal of Hearing Examiner Decision to Deny ADB -99 -33 (Appellant: Phil Carter, Representing ppeal - Brad Butterfield & Albert Dykes / File No. AP -99 -187. Applicant: Brad Butterfield / File No. P- 99 -187 ADB- 99 -33. Property Location: 110 Sunset Avenue) Council President Pro Tem Van Hollebeke commented two Councilmembers planned to recuse themselves from discussion regarding this item. Councilmember Earling advised when an item related to Edmonds City Council Approved Minutes October 19, 1999 Page 2 this issue was discussed two weeks ago, he indicated he would recuse himself from any discussion regarding the. site specific item (Item 5). He said this was due to individuals on both sides of the issue who have contributed to his campaign. Councilmember Haakenson explained while he was Council President, he had met with Mr. Butterfield, Mr. Dykes, and Mr. Benzel on several occasions to discuss solutions to this issue to avoid a lawsuit or appeal to the Council. Councilmember Haakenson explained he informed these individuals at that time that if the matter was appealed to the Council, he would recuse himself due to the information he received during those meetings. He clarified he would recuse himself from this closed record appeal of the Hearing Examiner's decision and would recuse himself in the future if the.Council chose to hear an appeal of this matter. Councilmembers Earling and Haakenson left the room. Mayor Fahey explained this was an unusual situation in that a request has been submitted regarding dismissal of the closed record appeal by the Hearing Examiner, asking that no oral comments be accepted which would result in the Council being unable to seek legal advice from current counsel. The reason for this is if this matter is discussed, it would be necessary for the City Attorney to serve as counsel to staff and it would be inappropriate for him to make comment or give direction to the Council during this process. Should the Council choose not to hear the request for dismissal and decide to take oral testimony from those with standing, it will be necessary to reschedule this matter to a time when all appropriate parties can be notified of their opportunity to speak and the City can secure the services of alternate counsel to provide legal counsel to the City Council so that the City Attorney. can serve as counsel to staff. COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO TABLE ITEM 5 TO NOVEMBER 16 FOR THE PURPOSES OF TAKING ORAL ARGUMENT BY PARTIES WITH STANDING. MOTION CARRIED (3 -1), COUNCILMEMBER WHITE OPPOSED. (Councilmembers Earling and Haakenson did not participate in the vote.) City Attorney Scott Snyder asked how much time would be allotted on November 16. Council President Pro Tem Van Hollebeke said 45 minutes would be adequate. City Clerk Sandy Chase pointed out a hearing on the 2000 budget was also scheduled for the November. 16 meeting. Council President Pro Tem Van Hollebeke said although he preferred to schedule the hearing as a full Council agenda item prior to committee meetings on November 9, he was informed some of the legal counsel was not available on that date. Mr. Snyder said Mr. Carter (attorney for the applicant) indicated he was available on November 9. COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO AMEND THE ACTION TAKEN ABOVE (TO TABLE ITEM 5 TO NOVEMBER 16) AND TABLE ITEM 5 TO NOVEMBER 9 AS A FULL COUNCIL AGENDA ITEM PRIOR TO COUNCIL COMMITTEE MEETINGS. MOTION CARRIED. (Councilmembers Earling and Haakenson did not participate in the vote.) Mr. Snyder asked if the Council would like to provide 5 -10 minutes for the parties involved to provide information, noting the matter will have been extensively briefed. It was agreed each party would have 5 minutes for their presentation followed by questions and answers. Councilmembers Earling and Haakenson returned to the meeting. Edmonds City Council Approved Minutes October 19, 1999 Page 3 rd #3277 3. PUBLIC HEARING ON PROPOSED ORDINANCE RELATING TO THE EXPIRATION OF xpiration BUILDING PERMITS (ECDC 19.00.010 F) f Building ermits Planning Supervisor Jeff Wilson explained the proposed amendment would extend the existing time period for extending building permits. Currently, a building permit is effective for one year and can be renewed for an additional year; once the second year expires, a new building permit application must be submitted including full fees. The proposed amendment would allow a third year extension of the original building permit and the fees for the third year would be at a reduced rate based on the remaining inspections. This provides a gradual extension of a building permit application and makes the fee proportionate to the amount of work necessary to conduct the final inspections. Mr. Wilson explained this matter was presented to the Community Services/Development Services Committee on August 10 who recommended it be referred to the full Council for review. Mayor Fahey opened the public participation portion of the hearing. As there were no members of the public present who wished to address the Council, she closed the public comment portion of the hearing. Council President Pro Tem Van Hollebeke commented the Community Services/Development Services Committee (Councilmember Nordquist and he) reviewed this item and it was the consensus of the committee that this was a good, common sense change. He said the intent was to make it easier for residents to complete their projects in a reasonable manner and not cause them extreme or unnecessary bureaucracy by requiring they go through the entire building permit process again. COUNCIL PRESIDENT PRO. TEM VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE ORDINANCE RELATING TO EXPIRATION OF BUILDING PERMITS (ECDC 19.00.01 OF). MOTION CARRIED. Vacate 4. PUBLIC HEARING ON A REQUEST TO VACATE A PORTION OF AN EXISTING UTILITY utility Easement — EASEMENT ON THE PROPERTY LOCATED AT 20930 88TH PLACE WEST (Applicant: Susan 0930 88'h McMurray / File no. ST -99 -171) 1. W. Planning Supervisor Jeff Wilson explained the request is a petition to vacate a portion of a utility easement that was granted in the City's interest. He explained this was an unusual request because in most vacations, the City must determine the, appropriate compensation for vacating the City's interest in a right -of -way. In this instance, the right -of -way was vacated to the benefit of the adjoining property owners in 1973 but the City retained a utility easement. The applicant is now requesting vacation of a portion of the easement.. Both Engineering and Public Works reviewed the request and determined the vacation would not infringe on their ability to use the easement and indicated it would be appropriate to allow the easement to be reduced. Mr. Wilson referred to Exhibit 1, a site map of the property, which identifies the location of the easement. He explained the easement is currently approximately 12.5 feet wide from the south property line running north along the entire depth of the property from 88th Place. The applicant is requesting a reduction to 7.5 feet for the western 81 feet of the property. Mayor Fahey opened the public participation portion of the hearing. Susan McMurray (applicant), expressed her hope that the Council would approve the vacation. Edmonds City Council Approved Minutes October 19, 1999 Page 4 Mayor Fahey closed the public participation portion of the hearing and remanded the matter to Council for consideration. COUNCIL PRESIDENT PRO TEM VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE REQUEST TO VACATE A PORTION OF THE UTILITY EASEMENT AND REDUCE THE EASEMENT WIDTH FROM 12.5 FEET TO 7.5 FEET OVER THE WESTERN 81 FEET OF THE PROPERTY LOCATED AT 20930 881" PLACE WEST AND DIRECT THE CITY ATTORNEY TO PREPARE THE APPROPRIATE ORDINANCE FOR ADOPTION. MOTION CARRIED. Closed 5. PRESENTATION OF WRITTEN ARGUMENTS TO DISMISS CLOSED RECORD APPEAL OF ecord HEARING EXAMINER DECISION TO DENY ADB -99 -33 (Appellant: Phil Carter, Representing ppeal — P -99 187 Brad Butterfield & Albert Dykes / File No. AP -99 -187. Applicant: Brad Butterfield / File No. ADB- 99 -33. Property Location: 110 Sunset Avenue) This item was tabled to the November 9 Council meeting (action taken following approval of the Consent Agenda above). Motion for 6. MOTION FOR RECONSIDERATION OF THE COUNCIL'S DECISION TO DENY AN APPEAL Reconsider- OF THE HEARING EXAMINER'S DECISION TO APPROVE A CONDITIONAL USE PERMIT tion— TO ALLOW A DETACHED ACCESSORY DWELLING UNIT WITHIN A SINGLE - FAMILY -99 -169 RESIDENTIAL (RS -8) ZONE. (Property Location: 23303 100' Ave. W. / Appellant: Anne Waite — File No. AP -99 -169 / Applicants: Lambrecht/Moerk — File No. CU -99 -91 Mayor Fahey explained a request for reconsideration was submitted the evening the Findings of Fact were presented to the Council for approval. As the Council did not feel they could act. upon the request for reconsideration without additional time to review the request, it was tabled to tonight's meeting. City Attorney Scott Snyder explained the Council's sole action tonight is to consider a motion to reconsider and the Council should not debate the merits of the decision. If a motion to reconsider is approved, the matter will be scheduled for a future meeting, as the City is required to notify the parties of the continued deliberation. If a motion for reconsideration fails, a motion to approve the Findings of Fact would be appropriate. As this was a closed record appeal, he cautioned the Council not to discuss this matter with the appellant or applicant. Councilmember Haakenson disclosed in the process of campaigning, he doorbelled at both the applicant and the appellant's. residences. He then asked what new information the Council would be able to consider. Mr. Snyder answered the record remained as it was at the last hearing; the information provided to the Council is merely argument. The Council's decision would still be based on the original record of the proceeding. Councilmember Plunkett observed the Council received additional information two weeks ago. He asked if the Council was to consider this information in its decision. Mr. Snyder answered if there was something in the information that led the Council to make a decision to reconsider, a motion to reconsider would be appropriate. The matter would then be scheduled for a future Council meeting. Councilmember White said the most compelling point in the motion for reconsideration was Ms. Waite's allegation that she did not receive adequate notice of her opportunity to make a presentation before the Council. He observed the notice that was mailed to Ms. Waite indicates her presence at the hearing was Edmonds City Council Approved Minutes October 19, 1999 Page 5 highly advisable and included a meeting notice that stated no public testimony would be permitted. He recalled Ms. Waite's first comments were that she was not aware she would be able to speak. Councilmember White said this caused him some concern, more than the allegation that a full record was not before the Hearing Examiner. He clarified if Ms. Waite did not understand she would have an opportunity to argue and was not prepared to argue and did not have her attorney present, it was appropriate to provide her the opportunity. COUNCILMEMBER WHITE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO RECONSIDER AND ALLOW THE OPPORTUNITY FOR ARGUMENT BY THE PARTIES. MOTION CARRIED. Reconsideration was scheduled for November 9. Mayor Fahey clarified anyone with standing in this matter would be allowed to speak in support or opposition. She said the statement on the notice that no public testimony will be taken referred to individuals without standing. She said individuals with standing may provide only testimony that is based on the record already established in the process before the Hearing Examiner and no new information may be presented. 7. AUDIENCE COMMENTS Kairez Elaine Yard, 9209 Olympic View Drive, Edmonds, said she cannot find a reason in the current ECDC .Subdivision that would allow Kairez Drive, currently under construction, to place Maple Manor private road #1 and on Olympic its established neighborhood into nonconformity with the code. She referred to Chapter 21.90, Street, View Dr. which means public or private right -of -way or access easement which provide vehicle access to more than three lots. She pointed out Maple Manor private road #I has eleven homes. She referred to 21.80, Private Parking, which means facilities for the non - commercial use of the occupant and guests of the occupant including garages and carports. Maple Manor lower road has five garages and five parking spaces in a specified location that looks like a parking lot. She said according to Jim Walker, City Engineer, and Steve Bullock, Senior Planner, Maple Manor private road #1 did not qualify as a street as garages and parking are not recognized as a parking. area. She referred to 16.80.03 regarding site development standards, minimum setbacks, etc. and indicated each Councilmember would be provided a copy. She said Edmonds Planning and Engineering Departments insist the only setbacks between their private property line and parking and /or street is a 6 -inch curb and a 12 -18 -inch setback with a wood 4- foot fence set on the property line. She said Jim Walker told her two weeks ago that the 4 -foot fence would not be. installed; however, the approved construction map dated on August 5, 1997, still shows a 4- foot wooden fence. She questioned where the current documents are that describes the land grade and the specific requirement of the project. Ms. Yard referred to 17.00.030, Application of Regulations, which addresses setback and density and states when an existing lot is subdivided or is the subject of a lot line adjustment, the new lot lines will not make any existing improvements non - conforming to the regulations of the zoning ordinance. She questioned why the City would place long - established Maple Manor private road #1 into a threatened position of non - conformance by a new subdivision under construction. She said the City indicated that Vista del Mar is a private property and they have no right to information regarding this development. She telephoned Councilmember Plunkett who provided minimal information although too late for abutting property owners to respond. She requested the Council intervene on their behalf to determine 1) why the City Code is not applied to the Vista del Mar subdivision, and 2) why Kairez Drive is allowed to abut Maple Manor private road #1 parking while the Community Development Code requires a landscaping area of l0 -feet in width. Edmonds City Council Approved Minutes October 19, 1999 Page 6 Kairez Alan Yard, 9209 Olympic View Drive, Edmonds, said this area of Olympic View Drive is also known VwDr.division as Maple Manor private road #l. He explained Kairez Drive will parallel to their private drive that has been in existence for approximately 70 years. They have no access to Kairez Drive nor do they want any access to it. He stressed they were not trying to acquire additional land or stop development of the subdivision but want a proper setback from their private property, perhaps with a fence and landscape barrier between the properties. If the subdivision street is privately owned, he questioned why they are not required to follow the code requirements. If the street is publicly owned, the City may have a right to place it within 12 -18 inches of their private property but he questioned if the City had the moral right to do so for a less than 7 -acre subdivision where a proper street could be located. He requested the City be a good neighbor, noting the location of the proposed road would place their property into non- conformity, thereby restricting future use. He pointed out they already have a sewer main in their backyard less than 17- inches from the structure. He requested a 10 -foot setback, fence, or hedge barrier be required which he noted was not a great modification of the subdivision or an unreasonable request. He said the street is not considered a buffer but a serious pollution problem. He pointed out another problem is run -off of water as the slant of the street will be toward the properties to the west, the most vulnerable properties in the area downstream from the subdivision and located on a severe bluff. Kairez John Polikowsky, 9205 Olympic View Drive, Edmonds, said his property abuts a 7.5 -acre property Subdivision under development by George Kairez. He expressed appreciation to Councilmembers who have on Olympic . communicated with them in the recent past in response to their letters, including Councilmembers View Dr. Plunkett and White and candidates Mr. Richards and Ms. Petso for viewing the situation. He said there has been an increase in erosion control activity since their letters to the City. He said at the time the letters were sent to Councilmembers, erosion control measures failed as a result of a heavy rain, sending water from the Kairez property over Maple Manor private road onto their property, threatening their bank for the second time this year. City staff members conferred with Mr. Kairez and the area was re- graded and new containment ditches dug and hay spread over the soil. Mr. Polikowsky said current road preparations indicate the new road will be located within 18- inches of their property line. He questioned whether the plans for the new road were final, whether the plan violated City codes, and why deviations from the code were permitted, and the nature of the buffer that will be required between the proposed road and their private road. He said Mr. Kairez would like them to join his road but residents have indicated they do not wish to join a homeowner's association to use a private road through his development. Mr. Polikowsky said plans originally showed a 4 -foot fence between their property and the new road, which Mr. Kairez states, is no longer planned. Their above- the-bluff lot is very small and they need adequate distance between their driveway and the new road with space for a wall and vegetation to shield traffic sights and sounds. He said Mr. Kairez has had many adjustments to his plans, his neighbors deserve one. He said continued Council supervision is necessary, noting this is the fifth rainy season since the trees were removed on the Kairez property in December 1995. Activity has been sporadic since that time and much dirt has been added and removed during that time. Further, Mr. Kairez and his workers travel their one -way road on an easement intended to access his rental property at the end of the road. He requested a swift end to this noisy and dangerous project that endangered their waterfront property. (The 3- minute time limit expired and Mr. Polikowsky was invited to submit written comments.) itizens Kevin Clarke, 23924107th Place West, Edmonds, recently elected Chair of the Citizens Committee on f-am.il-d' on Salaries of Elected Officials, said public comment regarding salaries for elected officials is sought at two s of public hearings that will be held on Monday, October 25 and Thursday, October 28 at 7:00 m. in the P $ Y� y� P• icials City Hall third floor conference room. He invited elected officials to attend and make a presentation, Edmonds City Council Approved Minutes October 19, 1999 Page 7 noting public comment would be limited to three minutes. He said a recommendation would be made to the Council at the end of the month. [Initiative Alvin Rutledge, 7101 Lake Ballinger Way, Edmonds, referred to an article in The Edmonds Paper 95 regarding I -695 with information provided by Council President Pro Tem Van Hollebeke. He said Council President Pro Tem Van Hollebeke also spoke on KIRO Radio regarding I -695 representing the Edmonds City Council. Kairez Marilyn Smith, 9219 Olympic View Drive, Edmonds, said they live on a drain (a metal funnel going Subdivision down the cliff) that belongs to the City. She said their home is on an easement, the walk, which on Olympic View Dr. previously P rovided access to the railroad tracks. The walk was damaged by "constant water" coming from Olympic View Drive through their area. She provided photographs of the frozen condition of the drain in 1989, commenting the City quickly responded by removing the ice. She said the City has also made certain the drain remains clear. She explained in 1991 three homes were constructed on two acres to the southwest and she allowed them to put their drain into their drain. She said yesterday Mr. Kairez asked her neighbor (across the street) if he could drain water into this drain. She stressed this was the City's drain and if Mr. Kairez wanted to drain water from his property, the City would have to do something because the drain is at capacity now. nitiative In response to Mr. Rutledge's comments, Councilmember White clarified Council President Pro Tem 95 Van Hollebeke did not speak on the radio on behalf of the Council but was expressing his own point of view. Kairez Mayor Fahey said the Council is empathetic to the difficulties that have been experienced by residents Subdivision adjacent to the Kairez development, realizing it has been very long process. In addition to the on Olympic communications residents have received from Councilmembers, there was also an official response View Dr. mailed today addressing some of the issues that have been raised. She said it is unfortunate once a subdivision is approved, modifications cannot be made. As the letter indicates, if residents feel there are reasons the decisions made were inappropriate, the only recourse is to take legal action and seek a ruling that inappropriate decisions were made. Regarding whether the location of the road is final, she said the location of the road was formally approved by the Council in the proposed subdivision approximately five years ago and the developer has five years to create the subdivision. She said although the Council is empathetic to the problems that have been encountered, the issues that have been raised should have been raised prior to approval of the subdivision and it is too late to require modifications at this time. She said all approved items adhered to the City's codes and were determined to be appropriate by the Hearing Examiner before it was presented to the Council. 8. REPORT ON COUNCIL COMMITTEE MEETINGS Community Community Services/Development Services Committee Services/ Develop- Council President Pro Tem Van Hollebeke advised a report on proposed Maplewood Drive pedestrian ffient serv. improvements was provided. including the feasibility of installing pedestrian improvements along that Committee road. Suggestions ranged from full cement sidewalks to a gravel pathway. A suggestion was made to consider traffic calming to avoid the cost of a retaining wall; an option staff will review. Staff also presented an overview of capital projects to be proposed in the 2000 budget. Among the items discussed were the Perrinville Creek drainage projects, cemetery improvements, waterfront bulkheads, and electrical improvements to the Anderson Center. Staff updated the committee on the ADB review study that includes consolidating the design review guidelines into the code. He said the Planning Board has requested assistance with this task. The committee directed staff to proceed with carrying out the Edmonds City Council Approved Minutes October 19, 1999 Page 8 recommendations of the ADB review in the most practical expedient manner. Next, an update on the Virtual Reality project was provided. Staff was directed to move forward with the Virtual Reality project. Public Safety Public Councilmember White said a presentation was provided by the Seattle Skating Club who operate the Safety Committee bingo facility at 220th and H �Y• 99. The presentation focused on their exploration of adding card room to that facility including advantages. The Committee requested the Seattle Skating Club provide a presentation to the full Council. Finance Committee Finance Councilmember Earling said staff presented a draft .report from FCSG Consultants summarizing their ommittee analysis of converting the City's current sewer fixed -fee structure to a volume -based rate. The report also recommended a series of phased -in rate increases to begin in 2000 to offset a large increase that will be necessary in 2002. The committee requested the report be presented to the full Council. Staff provided an update on the General Fund and the committee approved Petty Cash expenditures for the month of September 1999. (As the agenda items preceding Audience Comment (Item #7) proceeded more rapidly than anticipated, Mayor Fahey inquired whether there were any additional members of the audience now present who wished to address the Council. There were none.) HUD Grant 9. CONSIDERATION OF HUD GRANT FOR THE SENIOR CENTER . enior el Mayor Fahey explained the City has had a $75,000 HUD grant pending for replacement of the HVAC system and some windows at the Senior Center. These improvements have now been made. When the City sought a reimbursement from HUD for expenses incurred, the representative for, Snohomish County was aware that members of the Senior Center have approached the Snohomish County Council for support for the possibility of demolishing the Senior Center and constructing a new structure. Concerns were raised regarding the possibility of the Senior Center being demolished sooner than the 5 -year timeline associated with this grant. Until this time, the City was under the impression that due to the fairly small amount of the grant, if the use changed or the facility was replaced, only the differential would need to be paid back. The City has since received information indicating HUD grants require the City to sell the property and remit to HUD the full value of the property less any funds the City .has invested in the facility during its function as a Senior Center if there was a change in use of the facility during the time of the grant or if the building was demolished. She explained this represents an interpretation of the provisions of 570.505, use of real property, as defined by HUD. The City is attempting to obtain further interpretation whether the City would have to forfeit the property in the event a replacement facility is constructed for the same purpose or if an alternate facility provided the same services. Mayor Fahey said a capital campaign for a Senior Center would easily take up to five years as they are only in an investigative /exploratory phase now. She said the current plan is to phase the project and not demolish the existing senior center until a new center was constructed. She clarified if the City accepted the grant, it would need to be accepted under the terms that the Senior Center building could not be demolished or change uses for five years. She said the only other option would be to not access the grant and for the City to absorb the cost of the HVAC system an d windows. She anticipated additional information would be provided by the Senior Center Board and by research being conducted by Parks Edmonds City Council Approved Minutes October 19, 1999 Page 9 and Recreation Director Arvilla Ohlde. Further, the City Attorney will review the issue to determine if the interpretation is accurate. City Attorney Scott Snyder said information Ms. Ohlde received today conflicted with the written interpretation. He said staff is researching whether the City has the ability to transfer the obligation to a different facility. Councilmember Haakenson commented that recouping the City's $75,000 expenditure as soon as possible would be prudent so that the 5 -year time period can begin. Mayor Fahey agreed with requesting the grant reimbursement as soon as possible so that the 5 -year time period begins as soon as possible. This action was acceptable to the Council. Make a A. PROCLAMATION DECLARING OCTOBER 23 AS MAKE A DIFFERENCE DAY Difference Day Mayor Fahey read a Proclamation declaring October 23 as Make a Difference Day. This proclamation is in recognition of all volunteers who help make life better for others and to encourage each person on this day to find a way, no matter how small, to make a difference to someone in need. 10. MAYOR'S REPORT [Library Mayor Fahey encouraged the public to attend the. Friends of the Library Book Sale at the Anderson ook Sale Center on Saturday, October 23. She expressed her appreciation to the Friends of the Library for their efforts and to the people who donated the books to the sale. P.A.V.E. Mayor Fahey advised the public was invited to .a Students Against Violence Everywhere (SAVE) event Pent on Thursday, October 22 at the Civic Center from 11:00 a.m, to 12:00 p.m. She explained the SAVE chapter was formed at the Madrona School a few years ago, a group of students who encourage students to find acceptable ways to deal with conflict and to recognize that violence is not an option. She applauded the students who work toward this effort all year, commenting they make a difference. oug Egan's Mayor Fahey advised Friday is Doug Egan's 100th birthday and will be celebrated at an open house at 1000, the Floral Arts Center on Friday, October 22. She said Mr. Egan has been a member of the community Birthda for the past 40 years and has given significantly to the community as President of the Chamber of Commerce and assisted with establishing the Historical Museum and Historical Society. She advised October 22 will be declared Doug Egan Day in Edmonds in recognition of his contribution to the community. ascade Mayor Fahey also announced that Cascade Symphony's first Sunday performance at the Puget Sound ymphony Bible College will be Sunday, October 24 at 3:30 p.m. 11. COUNCIL REPORTS nitiative In response to Mr. Rutledge's comments during Audience Comments, Council President Pro Tem Van 95 Hollebeke clarified he identified himself as an Edmonds Councilmember when speaking on KIRO Radio regarding I -695 and provided his personal views on how I -695 might impact the City. andidate Councilmember Earling thanked the Senior Center for hosting the candidate fair today which 75 -100 air people attended. Edmonds City Council Approved Minutes October 19, 1999 Page 10 1 High Sc hool Student Representative Christie Lee reported Meadowdale and Edmonds - Woodway High Schools are 1ng celebrating homecoming. ASB members at both schools are considering a coat or clothing drive as part is of the rubber chicken rivalry on December 10. She said it is traditional for the Mayor to judge which school has the most school spirit. Executive 12. EXECUTIVE SESSION REGARDING A LEGAL MATTER ession At 8:30 p.m., Mayor Fahey recessed the Council to Executive Session for a 20- minute discussion regarding a legal matter. She advised no action was anticipated following the Executive Session and the Council would adjourn at its conclusion. O. SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes October 19, 1999 Page 11 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 650 MAIN STREET 7:00 10:00 P.M. OCTOBER 19, 1999 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 OCTOBER 5, 1999 (C) APPROVAL OF CLAIM WARRANTS #35005 THROUGH #36615 FOR THE WEEK OF OCTOBER 4, 1999, IN THE AMOUNT OF $238,572.05. APPROVAL OF CLAIM WARRANTS #35884 THROUGH #36750 FOR THE WEEK OF OCTOBER 11, 1999, IN THE AMOUNT OF $168,656.54. APPROVAL OF PAYROLL WARRANTS #26324 THROUGH #26453 FOR THE PERIOD SEPTEMBER 16 THROUGH SEPTEMBER 30, 1999, IN THE AMOUNT OF $346,057.98. (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM CYNTHIA SIMMONS ($253.00), AND RITA VASQUEZ ($2,223.00) (E) REPORT ON QUOTES RECEIVED FOR THE PURCHASE OF A VIKING SIX - BURNER STAINLESS RANGE AND ISLAND TRIM KIT ($4,402.64) (F) REPORT ON BIDS RECEIVED OCTOBER 5, 1999, FOR THE PURCHASE OF A 48" LAWN MOWER WITH GRASS LIFT SYSTEM FOR THE CEMETERY (G) AUTHORIZATION FOR MAYOR TO SIGN AMENDMENT TO AGREEMENT BETWEEN COMMUNITY TRANSIT AND CITY OF EDMONDS FOR PASS THROUGH OF SECTION 3 DISCRETIONARY FUNDS FROM THE FEDERAL TRANSIT ADMINISTRATION (FTA) FOR MULTIMODAL TRANSPORTATION CENTER PROJECT (H) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH ABA / BTS, INC. FOR PUBLIC SAFETY COMPLEX COMMUNICATION SYSTEM (I) AUTHORIZATION TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO SELL SURPLUS EQUIPMENT (J) AUTHORIZATION FOR MAYOR TO PROVIDE A DISTRIBUTION EASEMENT WITHIN THE PUBLIC SAFETY COMPLEX TO SNOHOMISH COUNTY PUBLIC UTILITY DISTRICT NO. 1 (K) ACCEPTANCE OF INGRESS /EGRESS EASEMENT FROM MICHAEL J. KERR AND DIANA L. CLAY 3. (5 Min.) PUBLIC HEARING ON PROPOSED ORDINANCE RELATING TO THE EXPIRATION OF BUILDING PERMITS (ECDC 19.00.010 F) 4. (20 Min.) PUBLIC HEARING ON A REQUEST TO VACATE A PORTION OF AN EXISTING UTILITY EASEMENT ON THE PROPERTY LOCATED AT 20930 88TH PLACE WEST (Applicant: Susan McMurray / File No. ST -99 -171) CITY COUNCIL MEETING AGENDA OCTOBER 19, 1999 Page 2 of 2 5. (30 Min.) PRESENTATION OF WRITTEN ARGUMENTS TO DISMISS CLOSED RECORD APPEAL OF HEARING EXAMINER DECISION TO DENY ADB -99 -33 (Appellant: Phil Carter, Representing Brad Butterfield & Albert Dykes / File No. AP -99 -187. Applicant: Brad Butterfield / File No. ADB- 99 -33. Property Location: 110 Sunset Avenue) 6. (20 Min.) MOTION FOR RECONSIDERATION OF THE COUNCIL'S DECISION TO DENY AN APPEAL OF THE HEARING EXAMINER'S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A DETACHED ACCESSORY DWELLING UNIT WITHIN A SINGLE - FAMILY RESIDENTIAL (RS -8) ZONE. (Property Location: 23303 100th Ave. W. / Appellant: Anne Waite — File No. AP -99 -169 / Applicants: Lambrecht/Moerk — File No. CU- 99 -91) 7. AUDIENCE COMMENTS (3 Minute Limit Per Person) 8. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS 9. (10 Min.) CONSIDERATION OF HUD GRANT FOR THE SENIOR CENTER 10. (5 Min.) MAYOR'S REPORT 11. (15 Min.) COUNCIL REPORTS 12. (20 Min.) EXECUTIVE SESSION REGARDING A LEGAL MATTER 'arking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24.hours advanc otice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 46 Delayed telecast of this meeting ppears the following Wednesday at noon and 7:00 p.m., as well as Friday and Monday at noon on Channel 46