08/17/1993 City CouncilEDMONDS I.ITY COUNCIL APPROVED MINUTES
August 17, 1993
THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR AUGUST 24 CITY COUNCIL MEETING.
The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura
Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute.
PRESENT
Laura Hall, Mayor
Dave Earling, Council President
Steve Dwyer, Councilmember
Michael Hall, Councilmember
William Kasper, Councilmember
John Nordquist, Councilmember, EXC. ABSENCE
Jeff Palmer, Councilmember
Tom Petruzzi, Councilmember, EXC. ABSENCE
CONSENT AGENDA
STAFF
Paul Mar, Community Srv. Dir
Art Housler, Admin. Srv. Dir.
Rob Chave, Planning Manager
Jeff Wilson, Planning Supr.
Bob Alberts, City Engineer
Noel Miller, Public Works Supt.
Rhonda March, City Clerk
Scott Snyder, City Attorney
Barb Mehlert, Recorder
Item (B) was removed from the Consent Agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUN-
CILMEMBER PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved
items are as follows:
(A) ROLL CALL
(C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF AUGUST 5, 1993 AND AUGUST 12, 1993 AND PAYROLL WAR-
RANTS FOR THE WEEK OF AUGUST 5, 1993.
(D) ACCEPTANCE OF CONSTRUCTION EASEMENT FROM CHARLES R. AND LINDS J. MAKI FOR THE TALBOT ROAD
STORM DRAINAGE IMPROVEMENT PROJECT
(E) APPROVAL OF TAXICAB LICENSES FOR GREEN RIVER HAULING (DBA PLAZA CAB, YELLOW CAB, AND NORTH-
WEST
(F) APPROVAL OF TAXICAB LICENSE FOR TAC-KEY, INC. (DBA NORTHEND TAXI)
APPROVAL OF MINUTES OF AUGUST 3, 1993
COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE THE MINUTES OF
AUGUST 3RD WITH THE CORRECTION NOTED IN THE LATE PACKET. MOTION CARRIED.
AUDIENCE
Natalie Shippen, 1022 Euclid, asked that the City Council go back to their former practice of
sending out draft minutes the Friday following the meeting. Ms. Shippen said there is a delay in
the present procedure where the minutes are first approved by the City Council before being dis-
seminated to the general public. Council President Earling said he would schedule this on an
5! upcoming agenda for discussion. It was noted the new procedure has a three day longer delay than
previous, and that a longer delay exists when there is a 5th Tuesday meeting or a Council Commit-
tee meeting in which the Council does not meet as a whole. Council President Earling said the
Council chose the current method to ensure the Council has an opportunity to review them for
accuracy before distribution.
Chris McCaffrey, a Lynnwood resident and taxi -cab driver, asked the City of Edmonds to look into
entering a centralized licensing procedure with the City of Lynnwood. Mr. McCaffrey said at the
present time, he has to obtain two different licences which cost him the equivalent of a week's
V� pay, when you consider the money and time involved in obtaining them. Mr. McCaffrey said the City
of Lynnwood waives a fee if he is licensed in Edmonds, but the City of Edmonds does not. Mayor
Hall said although each jurisdiction has different mandates, she will look into the matter for
Mr. McCaffrey. Mayor Hall suggested he get in touch with her or the City Clerk for a follow up
discussion.
Mike Gavin, Woodway resident, said he is concerned that Woodway residents are not being apprised
of potential development at the Unocal property. Mr. Gavin said north Woodway is the only residen-
tial neighborhood that borders the UnoCal property and said they should be involved. Mayor Hall
said she has tried to contact Mr. Gavin to no avail. Mayor Hall said the City of Edmonds has been
`^ in touch with elected officials from the Town of Woodway and they are being kept apprised. Mr.
f` Gavin said he would appreciate it if Woodway would become more involved in any discussions relat-
ing to this issue. Mayor Hall said she welcomes the participation and input by these Woodway
residents. Mr. Gavin thanked the Mayor and Council.
y
PRESENTATION OF "KID'S CREATE" AWC MUNICIPAL ACHIEVEMENT AWARD PLAOUE
Mayor Hall announced the cities of Edmonds and Lynnwood were selected by the Association of Wash-
ington Cities to receive the AWC Municipal Achievement Award for 1993 for the Kid's Create pro-
gram. Mayor Hall displayed a plaque that was presented to the City of Edmonds and the City of
Lynnwood. Mayor Hall said a key to being selected for the award was the fact that "Kid's Create"
involved the cooperation of two governmental agencies, a school district, and two arts commis-
sions.
Mayor Hall introduced Arvilla Ohlde, Parks and Recreation Manager, Christine Sidwell, Arts Coordi-
nator, and Josephine Fye, President of the Arts Commission. The Mayor and Council thanked them
for their part in securing this award.
UPDATE BY CONSULTANT BRUCE AGNEW AND PAUL MAR REGARDING TRANSPORTATION ISSUES AND FINDING FOR THE
MULTIMODAL PROJECT: AND AUTHORIZ TION TO SIGN MEMORANDUM OF UNDERSTANDING WITH WASHINGTON STATE
DEPARTMENT F TRANSPORTATION AND COMMUNITY TRANSIT TO DEVELOP THE MULTIMODAL TRANSPORTATION CEN-
TER IN EDMONDS
Bruce Agnew, Consultant, said although federal funding for this project has declined a little,
there are two appropriations bills currently under consideration, in which one includes the City
of Edmonds. Mr. Agnew said this proposed project was not authorized in the last year's authoriza-
tion of Six -Year Federal Transportation Plan, known as ISTEA (Intermodal Surface Transportation
Efficiency Act). Mr. Agnew said the City will have to wait until after Labor Day to find out what
the status is with regards to the House side. On the Senate side, Mr. Agnew said it is a little
tougher because the recent budget agreement that President Clinton and Congress came up with
reduced spending considerably more than the original proposal that the Administration had put in.
Mr. Agnew said the good news is the City has received almost $500,000 in federal funding through
the surface transportation program for the proposed multimodal facility. Mr. Agnew said the City
has also received County endorsement for $178,000 in the Puget Sound region 's Congestion Mitiga-
tion Air Quality funds.
Mr. Agnew said the Senate is also considering a $144 million appropriation for high speed rail
planning, and the Vancouver -Eugene cooridor are one of five cooridors in the country. eligible for
this funding. Mr. Agnew said this State stands to get some of that money which can be used for
grade crossing and separations. Mr. Agnew referenced the Memorandum of Understanding with Washing-
ton State Department of Transportation and Community Transit and said he endorses the language
contained in that Memorandum of Understanding.
Paul Mar, Community Services Director, said the purpose of the Memorandum of Understanding is to
obtain concurrence from the signatory agencies on the goals and objectives and the process to be
used to move forward on the preliminary engineering analysis for the multi -modal transportation
study. Mr. Mar acknowledged two members from the Office of Urban Mobility present in the audi-
ence; Principal Planner Magal Devino, and the Director, Renee Moglovitz. Mr. Mar asked Ms.
Moglovitz to address the Mayor and Council.
Ms. Moglovitz, Director of the Office of Urban Mobility for the Department of Transportation,
said the Office of Urban Mobility is a newly created office which represents a committment of the
D.O.T. to focus more in the Puget Sound Region in working together with local jurisdictions and
with he Puget Sound Regional Council. Ms. Moglovitz said the focus of her office is on multi -mod-
al activities. Ms. Moglovitz said she believes the Memo of Understanding represents the best in
effort to work together. Ms. Moglovitz said the Transportation Commission has not seen the Memo
of Understanding as of yet, but will be reviewing it at their September meeting. Ms. Moglovitz
asked the Mayor and Council to support the contents of the Memo of Understanding.
Councilmember Palmer outlined some proposed changes to the wording of the Memo of Understanding.
Paul Mar said he would incorporate his changes into a final form. One of Councilmember Palmer's
proposed changes was added wording that made sure the downtown area retained a viable business
community.
Councilmember Kasper said the key item to be included is to correct the grade crossing situation.
Councilmember Kasper said non -grade crossings have to happen somewhere if the volume of ferry
traffic is going to increase, as it has already been projected to do so. Councilmember Kasper
said the Memorandum of Understanding only briefly mentions grade separation and said more empha-
sis should be place on this, and incorporate the grade separation as it relates to the general
public pedestrian traffic into the memorandum. Councilmember Kasper said it appears that the
Department of Transportation and the City are working better together and feels the Memorandum is
a good compromise.
EDMONDS CITY COUNCIL APPROVED MINUTES
Page 2 August 17, 1993
Y
Council President Earling referenced the proposed steering or advisory committee consisting of
representatives from the signatory agencies to provide common policy direction. Council President
Earling asked how far along in the process is the City in defining the kinds of people that would
participate in this committee, and asked if there would be one committee or a policy committee
and a technical committee so the process could be streamlined.
Paul Mar replied there will be a separate policy committee and a separate technical committee,
who will be primary composed of staff people. Mr. Mar said the Policy Committee will be an over-
all policy setting, goal setting kind of committee.
Council President Earling suggested the technical committee and policy committee be better de-
fined in the Memorandum of Understanding.
At 7:45 p.m., Councilmember Dwyer arrived at the Council Meeting.
Councilmember Palmer said as the City Council is the policy making body for the City of Edmonds,
he would like to see the Council determine who serves on the policy committee for the city.
Council President Earling asked for clarification from the Mayor on the makeup of the policy
committee. Council President Earling said he wants to be clear in that if there is a Policy Com-
mittee appointed, the Council would make the appointments. Mayor Hall said she will be making a
good share of the appointments, as there can only be so many Councilmembers on the committee
because of the other agencies involved. Mayor Hall said the Council will have a big role to play
on this issue.
Councilmember Palmer said as the Council is the policy making body for the city, it is imperative
the Council makes the decision on who serves as the city's policy representatives. Councilmember
Palmer said he is not willing to have the Council give up that role: Mayor Hall said the Council
will be able to appoint a policy person on the committee. Councilmember Palmer said the City's
policy makers are the Council.
Paul Mar, Community Services Director, reviewed the requested changes Council made, and Council
President Earling said he would schedule the revised Memorandum of Understanding on the August 24
Consent Agenda for approval.
INFORMATIONAL PRESENTATION ON BALLOT MEASURE PROPOSITION REGARDING PROPOSED JUVENILE DETENTION
alp (✓AND JUSTICE CENTER PRESENTATION GIVEN BY MARY HELEN ROBERTS AND JUDGE RICHARD THORPE
�ary Helen Roberts, member of the Committee for Juvenile Justice, discussed the County's efforts
to expand its current juvenile justice services center. Ms. Roberts introduced Judge Richard
Thorpe, who proceeded to give background information on the proposed juvenile justice center.
V Judge Thorpe said the existing facility was built almost 30 years ago and is totally inadequate
to meet Snohomish County's current needs. Judge Thorpe said the Snohomish County Superior Court
Judges are unanimously in favor of construction of a new juvenile justice center and urged the
support of the Mayor and Council in Proposition 1.
Judge Thorpe said the county's population has doubled since the current facility was built and is
expected to grow another 50% by the year 2014. The currently facility has 35 detention beds,
which are normally always or above capacity, with 5 to 15 youths having to sleep on the floor.
Judge Thorpe said because the detention facility is so crowded, the Youth Center has adopted the
policy of not accepting misdemeanants; and many felons that are given detention time as part of
their punishment have to be scheduled many months later in order to serve their time. Judge
Thorpe said this sends the wrong message to offenders.
Judge Thorpe stated limited office space for judicial, prosecutorial, probation, and other sup-
port staff causes the county to rent additional office space off side to accommodate overflow.
This adds to operating expenses and costs staff valuable time moving from one location to another.
Judge Thorpe said the building is seriously out of of compliance with the building code, and if
any work was to be done on the building, the City of Everett would require that it be brought up
to code which would cost approximately $4 million to simply bring it up to code and not make any
improvements. .
Mary Helen Roberts said the County Council has approved a plan for construction of a new facility
that will cost $23,550,000. A nine year bond .levy will be placed before the voters on September
14, 1993 asking property owners for $18.6 million or 79% of the cost. The other $5 million will
be funded through existing county revenue sources. Because the bond is limited to nine years, it
will be paid off quickly, saving the taxpayers years of interest. The average Snohomish County
homeowner ($150,000 assessed valuation) will pay approximately $12 per year to cover the construc-
tion of this new facility.
EDMONDS CITY COUNCIL APPROVED MINUTES
Page 3 August 17, 1993
1
Councilmember Kasper said he thought the. original estimate was considerably less than the
$23,550,000. Ms. Roberts said this is not incorrect, however, said the County went through sever-
al phases of development of a proposal and the County also changed some of the assumptions and
the architect so that different ideas were discussed. Ms. Roberts said the original request of
the Council was to find what could be obtained with $10 million and the architect's response was
very little could be obtained for this amount.
Councilmember Palmer agreed the facility is very much needed and inquired if the cost included
building up to 100 beds. Ms. Roberts said the cost includes building 40 beds, and additional
costs would be incurred when expansion occurred for 100 beds.
Mayor Hall asked Police Chief Dan Prinz to comment on the subject. Chief Prinz agreed that the
facility is very much needed and reiterated the concerns of Judge Thorpe. Chief Prinz described
the inadequacy of the present facility.
Ms. Roberts and Judge Thorpe asked the Mayor and Council to support Proposition 1. Councilmem-
bers asked if written information will be available to the general public so they can be made
aware of the current problems, and Ms. Thorpe replied affirmatively.
The Mayor and Council thanked Ms. Roberts and Judge Thorpe for their presentation.
AUTHORIZATION TO INITIATE CABLE TV FRANCHISING AUTHORITY CERTIFICATION PROCESS AND ADOPTION OF
RESOLUTION
Cbt e / Paul Mar, Community Services Director, said the Cable Act of 1992 provides local franchising �`authorities the option to regulate basic cable TV rates. In order to exercise this option, they
must be certified by the Federal Communications Commission (FCC).
Upon being certified, the City of Edmonds, as the franchising authority, can regulate the rate
for basic cable service and influence the level of service provided by the cable operator. This
includes items such as the local broadcast signals, public/education/government access channels,
and associated equipment.
Mr. Mar reported September 1, 1993 is the earliest date that the City can submit its certifica-
tion form to the FCC.
Councilmember Palmer referred to a recent memorandum from Paul Mar addressing Chamber's intention
to send out a notice to subscribers increasing the basic cable tv rate. Councilmember Palmer said
he is concerned that the notice from Chambers states "to meet Federal law, Chambers Cable will
revise its rates". Councilmember Palmer asked what Federal Law requires Chambers to raise its
rates.
Jack Gradwohl Area Manager for Chambers Cable, said because of the Cable Act, the cable industry
and regulators face an extraordinary challenge in implementing the cable law. Mr. Gradwohl said
Chambers has spent a great deal of money to ensure the law is implemented with a minimum of dis-
ruption to the subscribers. Mr. Gradwohl said overall, Chambers rates are below the benchmark,
and Chambers simply altered the rate structure to meet the intent of the law by September 1,
1993. With regards to the certification process, Mr, Gradwohl said at this time, the certifica-
tion will ensure the Council only one thing; that the city will needlessly spend its resources in
both man hours and money.
Councilmember Palmer said he still does not know of a federal mandate that says Chambers has to
raise their rates. Bob Towe, representative of Chambers Cable, said the Federal Government,
through Congress, initiated some action that the FCC then had to interpret. Mr. Towe said the FCC
interpretation of that federal law, in part, said that if a cable system was a good operator, and
if an analysis of the basic cable rates fell below the bench mark, than the cable company had a
single opportunity to raise that rate to that benchmark. Mr. Towe said this is what Chambers has
done.
Councilmember Palmer said in reality, Chambers had a single opportunity raise the rates, but was
not federally mandate or requirement to raise the rates. Mr. Towe said the opportunity was pre-
sented that Chamber's rates were far below the benchmark.
City Attorney, Scott Snyder, said a third option exists for the Council. Mr. Snyder said the city
can become certified and ask the FCC to provide the regulation. Mr. Snyder outlined the process
and said it could same the city a great deal of money, as this would be too great an undertaking
for existing city staff to take on.
EDMONDS CITY COUNCIL APPROVED MINUTES
Page 4 August 17, 1993
Bob Towe said there is a form called a 393 which is a re -construction of the enormous process
Chambers went through in evaluating the rates and coming up with the existing benchmarks. Mr.
Towe said form 393 is the form that would be submitted to the City if the city was certified and
elected to regulate Chamber's rates. Mr. Towe said while the 393 form is not complicated in it-
self, the basis for the 393 is very complicated. Mr. Towe said by presenting this form to the
City without the city going through the certification process would add some merit. Mr. Towe said
Chambers is willing to submit this to the City if the City would give Chambers the normal nondis-
closure form which would keep it at the Council level.
Councilmembers discussed the option presented by City Attorney Scott Snyder. It was pointed out
by representatives from Chambers and Paul Mar, Community Services Director, that the city could
become certified at any time, and September 1 is not a deadline. Councilmember Palmer said he
believes it is incumbent upon Councilmembers to do everything they can to make sure the public is
getting the best possible service available. Councilmember Palmer said he believes the appropri-
ate time for the city to become certified is now. Councilmember Palmer said one of the reasons he
believes now is the appropriate time is now because of the answer Chambers gave in whey the basic
rates are being raised, which is because Chambers said they said they had an opportunity to so.
Councilmember Dwyer said he doesn't agree with Councilmember Palmer's observation with regards to
Chambers explanation on why they raised their rates. Councilmember Dwyer said given the fact that
the City can become certified at any time, he would like to take a few months to see how things
unfolded before the City would seek certification. Councilmember Dwyer said Mr. Towe has made an
offer tonight which the City had not previously been offered, which is Chambers is willing to
become more forthcoming in terms of the financial information of the utility. Councilmember Dwyer
said he is interested to see what kind of information Chambers will provide the city with. Coun-
cilmember Dwyer said he believes the City is in a fairly good situation and said the City can
take the step of certification in a few months if needed.
Councilmember Hall asked for clarification from Paul Mar on whether there was a deadline for
certification. Mr. Mar said the city can become certified at any time. Mr. Mar said that NATO,
who acts on behalf of the cities is suggesting, however, that earlier is better. Councilmember
Hall said the FCC has inadequate resources and doesn't believe they will be able to handle the
certification duties for the city with regards to potential disputes, and the accounting duties
associated with certification.
COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL FOR DISCUSSION, TO AUTHORIZE THE COMMU-
NITY SERVICES DIRECTOR, TO INITIATE THE PROCESS FOR CERTIFYING THE CITY OF EDMONDS AS A LOCAL
FRANCHISING AUTHORITY AND AUTHORIZE THE CITY ATTORNEY TO PROVIDE THE NECESSARY LEGAL DOCUMENTS TO
HAVE THE CITY ASK THE FCC TO PROVIDE THE REGULATION SERVICE.
Councilmember Hall said he is concerned with asking the FCC to provide the regulation service,
and asked if the city can ask the FCC to step in at a later date if it was felt the City needed
-e- G their assistance.
City Attorney Scott Snyder replied affirmatively. Given this information, Councilmember Palmer
rescinded that portion of the motion. The motion was amended to read COUNCILMEMBER PALMER MOVED,
SECONDED BY COUNCILMEMBER HALL FOR DISCUSSION, TO AUTHORIZE THE COMMUNITY SERVICES DIRECTOR, TO
INITIATE THE PROCESS FOR CERTIFYING THE CITY OF EDMONDS AS A LOCAL FRANCHISING AUTHORITY.
Councilmember Palmer said the effect of his motion would be to pass the resolution included in
Council packets. Council President Earling asked Mr. Mar if he was previously made aware of Mr.
Towe's offer to provide financial information to the City. Mr. Mar replied affirmatively. Council
President Earling said with this information, is it still Mr. Mar's recommendation to proceed
with the certification process. Mr. Mar replied affirmatively. MOTION CARRIED with Councilmember
jKasper and Councilmember Dwyer voting no.
5 p coREPORT ON SNOHOMISH COUNTYWIDE COMPREHENSIVE PARK AND RECREATION PLANNING PROCESS
Arvilla Ohlde, said this past year, as part of the Technical Advisory Committee, the City has
d been involved in the planning of the Snohomish Countywide Comprehensive Park and Recreation Plan.
Ms. Ohlde said as the initial inventory phase has been completed, it is necessary to brief the
local councils on the process. This allows the Edmonds City Council the opportunity to review the
summary of preliminary findings, respond with recommendations into the upcoming planning approach-
es, and give input in the completion of the overall plan. Ms. Ohlde referenced the progress re-
port and asked for Council input.
Councilmember Kasper said as the County has set up a revenue source four acquiring wetlands, he
noticed that nothing has been done as far as county areas surrounding the City of Edmonds. Coun-
cilmember Kasper referenced the beaches, etc, and asked for Ms. Ohlde's observations on this
matter. Ms. Ohlde said she has made sure that in the plan, that these are included.
EDMONDS CITY COUNCIL APPROVED MINUTES
Page 5 August 17, 1993
Councilmember Palmer referenced a letter attached to the agenda memo from the City of Mill Creek.
Councilmember Palmer said he agrees with the concerns and questions listed by Mill Creek, and
asked Ms. Ohlde to find the answers to the questions posted by Mill Creek. Ms. Ohle replied affir-
matively. Councilmember Kasper agreed with Councilmember Palmer
Ms. Ohlde said she would keep the Council informed on the progress of the Plan.
Councilmember Dwyer suggested item 10 be continued to August 24th, due to the late hour. COUNCIL -
MEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO CONTINUE ITEM 10 TO THE AUGUST 24
COUNCIL MEETING. MOTION CARRIED with Councilmember Hall voting no as there was a member of the
audience present to listen this particular subject.
HEARING ON APPEAL OF THE HEARING EXAMINER'S DECISION ISSUED UNDER FILE NO. AP-93-61 (APPELLANT:
RICHARD AND ANA SWING). THE HFARTNG HFID nN FTIF Nn AP_g3-Fl WA-, AN APPFAI nP TNF PIANNTNr nTVT_
Jeff Wilson, Planning Supervisor, said on March 24, 1993, Richard and Ana Swing applied for a
building permit to replace the foundation under an existing single family residence. The existing
house is a nonconforming building located in a RS-6 zone. The permit application was to construct
a new foundation under the entire house, excluding the kitchen. On April 6, 1993, the Planning
Division notified the Swings that the building permit was denied. The basis for the denial includ-
ed the concern that the height of the residence would be increased upon completion of the new
foundation; and, that the cost of the new foundation exceeded 50% of the replacement value of the
existing residence as defined in ECDC 17.40.020(F).
Thomas Sorenson, Attorney on behalf of the Swings, appealed the Planning Division's interpreta-
tion to the Hearing Examiner. On July 2, 1993, the Hearing Examiner upheld the appeal and over-
turned the Planning Division's interpretation. If the Hearing Examiner's decision stands, the
permit will be issued because the proposed activity will be interpreted a-s ordinary maintenance
and repair of an existing non -conforming building. On July 12, 1993, Scot Simpson, et al, ap-
pealed the Hearing Examiner's decision to the City Council.
Council Discussion
Councilmember Palmer questioned the wording "level of destruction shall be made by the Building
Official". Councilmember Palmer asked where documentation existed as to the level of destruction.
Mr. Wilson said he doesn't recall any written documentation with regards to this particular issue.
Testimony of the Applicant
Tom Sorenson, Attorney for Tom and Ana Swing, presented City Clerk Rhonda March with copies of a
Hearing Brief for distribution to the Mayor and Council. The brief was marked "Exhibit 1".
Mr. Sorenson said the Swings respectfully submit that the decision of the Hearing Examiner is
correct on the law and facts, that the arguments made by the Appellants, are without merit, and
the City Council must affirm the decision of the Hearing Examiner.
Mr. Sorenson said the property in question consists of two structures. The larger strucutre is a
fourplex located towards the front of the property, and a detached single family residence which
is presently uninhabitable until the proposed work is completed. This single-family residence is
the subject of the appeal. Mr. Sorenson said the proposed work does not expand the nonconforming
aspect of the structure, the building has not been damaged or destroyed within the meaning of the
code, and said the work required does not exceed the 50% threshold the Planning Department speaks
of. Mr. Sorenson requested the Council uphold the decision of the Hearing Examiner.
R. D. Jensen, General Contractor, spoke on behalf of Mr. and Mrs. Swing. Mr. Jensen said the work
required does not exceed the actual replacement cost.
Testimony of the Appellant
Ralph Matthews, 644 Maple, spoke on behalf of the appellants and read from a letter formulated by
the appellants. Copies of the letter were given to City Clerk Rhonda March, and marked "Exhibit
2". The letter referenced past correspondence from a previous building official which stated
"Because of the nonconforming nature of the structure, the structure itself would lose its non-
conforming status under the building and zoning codes if a conforming foundation were placed
under it. This would require the building to be removed". The letter stated because of the
present damage to the house, the repairs needed on the house would be far more than 50% of its
EDMONDS CITY COUNCIL APPROVED MINUTES
Page 6 August 17, 1993
^1
value. The letter stated, in part, that all the flooring except in the kitchen is gone, there is
a 4 foot wide ground to ceiling opening in the exterior wall; the bathroom is totally gone includ-
ing interior walls; about half of the interior wall sheathing is gone exposing walls with no
insulation; and large section of ceiling sheathing is gone exposing no insulation in the roof. .
Mr. Matthews said this is not normal maintenance.
Leah Simpson, 632 Maple, additional spokesperson for the appellants gave photographs to the City
Clerk for distribution to the Mayor and Council depicting the property in question. Ms. Simpson
explained that the amount of work required far exceeds the value and said the work is not general
maintenance and should not be treated as such. Ms. Simpson said the house should be completely
rebuilt.
Public Testimon
Kenneth Bowne, Edmonds resident, said the front of the lot in question is very close to the
street and does not know how the structure was ever allowed to be built in the first place. Mr.
Bowne expressed concern for the way the building is situated on the property.
As no other member of the public wished to speak on this. issue, Mayor Hall closed the public
portion of the hearing.
Council discussion
Councilmember Palmer said there is a past history on this subject and said for the purpose of
receiving additional testimony and information from the City Attorney, COUNCILMEMBER PALMER
MOVED, SECONDED BY COUNCILMEMBER KASPER, TO RE -OPEN THE HEARING.
Under discussion, Councilmember Dwyer expressed concern with getting factual testimony from the
City's legal counsel. Councilmember Palmer said he respected this concern. COUNCILMEMBER PALMER
RESCINDED HIS MOTION. THE SECONDER AGREED.
City Attorney Scott Snyder said if the Council wants to review past history, the Council can
continue the hearing in order to get further information. Councilmember Hall said he doesn't know
how helpful it would be to get past information when this is a different owner than past files
indicate.
Councilmember Kasper said the City has the power to require structures to be in conformance with
its ordinances and regulations.
Councilmember Dwyer said when viewed in light of the purpose of the ordinances that regulate
nonconforming uses, this is not a difficult issue. Councilmember Dwyer said as Councilmember
Kasper said, the City has the power to require structures to be in conformance with its ordinanc-
es and regulations. Councilmember Dwyer said the City of Edmonds, as have most cities, has decid-
ed to be somewhat lenient in that regard and allow structures which were in conformance when
constructed, but have fallen out of conformance, to remain and not have to immediately have to be
replaced. In searching for a logical rule for when replacement is required, the City has made a
determination that when 50% of the cost of replacing the building is exceeded, then the City has
something that is more like total destruction.
Councilmember Dwyer said the Hearing Examiner made his decision based on his belief that this was
ordinary maintenance and repair. Councilmember Dwyer said he believes the Hearing Examiner was
wrong in that regard. The photographs and testimony is that floors were falling in and that walls
were barely hanging on and were swinging. Councilmember Dwyer said repairing matters such as
these are not ordinary repairs and maintenance. With regards to the valuation question, the Staff
has historically relied upon assessed valuation and exceeding its threshold.
As a procedural matter, COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THE
MEETING. MOTION CARRIED.
Councilmember Dwyer believes the Staff is correct in their determination and the Hearing Examiner
as incorrect in his determination.
COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, THAT THE DECISION OF THE HEARING
EXAMINER BE REVERSED AND THE DECISION OF THE BUILDING OFFICIAL BE REINSTATED. MOTION CARRIED.
City Attorney Scott Snyder said he would have the Findings of Facts prepared for the September 7
Council Consent Agenda.
EDMONDS CITY COUNCIL APPROVED MINUTES
Page 7 August 17, 1993
.4
REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED JULY 31, 1993
Art Housler, Administrative Services Director, said the financial position of the City was good
in June, and improved even more in July. About the only revenue source that i.5 not doing well, is
a-1 retail sales tax.
0- Mr. Housler said revenues are over target and expenditures are under target for the month of
July. Revenues are over by $91,568 for the month, and $342,677 over for the year.
�J Mr. Housler reviewed graphs with the Mayor and Council which compared revenue and expenditure for
this year to last year. Mr. Housler said there is a two -month lag from date of sale, to receipt
of sales tax revenue. Without Honda and Top Foods, revenue is down 15.4% from last July, 1991.
With Honda and Top Foods, revenue is still down, but only by 6.2% from last July and is up 7.1%
from July, 1991.
Councilmember Kasper said he believes that now is the time to further reduce expenditures instead
of waiting until October, as was the case last year. Councilmember Kasper said he is still not
confident the City will be able to build back up reserves this year. Councilmember Kasper said
items such as equipment purchases should be deferred so there is some sort of cushion in those
line items. Councilmember Kasper recommended acceleration of reduction in expenditures.
Councilmember Palmer agreed with Councilmember Kasper and said the City shouldn't become to over-
ly optimistic, as revenues are still down 6.2% from last year, which means consumer confidence
has not yet been reinstated. Councilmember Palmer referenced a budget shortfall in the Police
Department and asked that this be discussed as soon as possible as this will negatively effect
the budget. It was noted this issue is scheduled for the August 24 Council Agenda.
CONTINUED COUNCIL DISCUSSION ON PROPOSED PLANNING BOARD COMMUNITY -DEVELOPMENT CODE AMENDMENTS
REGARDING CHAPTER 17.30 - FENCES AND HEDGES; SECTION 20.10.090 -CREATE NEW SECTION TO ESTABLISH
TIME LIMITS FOR ADB APPROVALS; SECTION 16.50.010B.3 - REVISE SECTION TO CLARIFY RMI ED L CA-
TION OF RESIDENTIAL USE IN THE BC ZONE: SECTION 21.35.017 - CREATE DEFINITION R TERM "GROUND
This item was rescheduled for the August 24 Council Meeting.
REVIEW OF PROPOSED 1994 BUDGET PROCESS
1 pp 5 Councilmember Kasper said the City has been advised that a 3% Cost of Living is the June 30, 1993
(p l ��k Seattle urban/metropolitan rate index figure and that it should be used in this city. Councilmem-
ber Kasper said it was 7.1% a year ago.
\✓/j' Councilmember Palmer outlined several items he would like to see included in the budget process:
f� 1) Belt tightening and accountability. Councilmember Palmer would like a letter sent to all the
entities that the City regularly contracts with for ongoing services expressing the City's ongo-
ing displeasure with the general growth in cost above the level of inflation and advising them of
the City's intention this year's budget process to review their cost figures and and asking if it
is their intention to raise their rates in excess of the rate of inflation, that they supply the
City with detailed justification and options to consider with regards to reducing levels of ser-
vices in lieu of paying the increases. 2) Administration not assume that revenues will rise or
the Council is going to be willing to increase property taxes up to the legal limit of 106% each
year; 3) Assume the need for an ending cash balance in the area of $500,000 and a financial emer-
gency reserve in the range of 7% of the General Fund budget; 4) Assume there is a Council Contin-
gency Fund of no less than approximately $250,000; 5) A plan on funding the normal community
programs such as the flower program, which was left out of last year's budget, unless it is the
intent of the Administration not to fund those items; 6) budgets be prepared three ways: revenue
neutral, revenue increase of 3% and revenue decrease of 3%; 7) Council provided with budgets in
which all programs are identified by priority; 8) More time be allowed for the budget process,
and a public hearing needs to be scheduled on the Mayor's proposed budget, and the November 6th
session should be extended.
Councilmember Dwyer said the Council has to have a Saturday session towards December 1st for a
Council budget workshop to discuss what the Council wants to have included in the budget. Council -
members agreed.
MAYOR
Mayor Hall referenced an invitation from Slade Gorton on August 25th at 10:30 a.m. at Fishhouse
Charlies. Mayor Hall asked Councilmembers to contact her office or the Council office so reserva-
tions can be made.
Mayor Hall referenced a request from the Senior Center in the amount of $30,300 to be included in
next year's budget.
EDMONDS CITY COUNCIL APPROVED MINUTES
Page 8 August 17, 1993
Mayor Hall referenced the assessment of $14,480 from AWC as the 1994 fees.
COUNCIL
Council President Earling referenced a memorandum from City Clerk Rhonda March, in which she
•� stated a hearing scheduled for September 7, 1993 was not completely posted during her vacation.
�1Uv) Council President Earling said because of this, the hearing needs to be rescheduled. COUNCIL
N L� PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PALMER,TO APPROVE RESOLUTION 778 TO REVISE AND
SET A NEW HEARING DATE OF SEPTEMBER 21, 1993 ON THE PROPOSED STREET VACATION FOR A PORTION OF
�
75TH PLACE (FILE ST-93-31). MOTION CARRIED.
Council President Earling said in light of the presentation on the Juvenile Justice Proposal, he
��,feels the Council should pass a resolution supporting this. COUNCIL PRESIDENT EARLING MOVED,
(�CsD SECONDED BY COUNCILMEMBER DWYER, TO APPROVE A RESOLUTION IN SUPPORT OF THE JUVENILE JUSTICE CEN-
TER. MOTION CARRIED.
0- COUNCIL PRESIDENT EARLING MOVED SECONDED BY COUNCILMEMBER PALMER, TO EXCUSE THE ABSENCE OF COUN-
CILMEMBER NORDQUIST AND COUNCILMEMBER PETRUZZI FROM TONIGHT'S MEETING. MOTION CARRIED.
(kb Councilmember Palmer said he believes it is worth exploring whether there are circumstances that
would allow market values to be substituted for the assessed values, as the assessor only comes
through our area every three years.
Councilmember Palmer said in his most recent Cultural Arts meeting, he had a chance to discuss
C&C,` with a school board member, the changes happening at the Edmonds High School site and the poten-
bL-1�tial for other things happening there such as a pool or aquatics center. Councilmember Palmer
fr�J requested Parks and Recreation Staff get in touch with the School Board concerning this issue.
e
Councilmember Palmer asked that budgetary impacts be provided to Council on the proposed police
academy, which was discussed at the previous Public Safety Committee. Councilmember Dwyer said
that will come back before the Council at the appropriate time.
Councilmember Hall discussed a recent incident at Brackett's Landing South, where a great deal of
time was spent on searching for a diver who might not have been missing. Councilmember Hall sug-
gested some sort of a voluntary registration for divers. City Attorney Scott Snyder suggested
alternatives to this, as it might appear that the City would be liable, which they are not.
Mr. Snyder said he would gather more information for Council review.
With no further business before the Council, Mayor Hall adjourned the meeting at 10:45 p.m.
THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPE RECORDING OF ALL COUNCIL MEETINGS
CAN BE LOCATED IN THE CITY CLERK'S OFFICE.
aura all, Kayo onda J. Mar h, City Clerk
EDMONDS CITY COUNCIL APPROVED MINUTES
Page 9 -August 17, 1993
AGENDA
. EDMONDS CITY COUNCIL
PLAZA MEETING ROOM - LIBRARY BUILDING
7:00 -10:00 p.m.
AUGUST 17, 1993
CALL TO ORDER - 7:00 P.M.
FLAG SALUTE
1. (5 Min) CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF AUGUST 3, 1993
(C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF AUGUST 5, 1993 AND AUGUST 12, 1993 AND
PAYROLL WARRANTS FOR THE WEEK OF AUGUST 5, 1993
(D) ACCEPTANCE OF CONSTRUCTION EASEMENT FROM CHARLES R. AND LINDA J. MAKI FOR THE
TALBOT ROAD STORM DRAINAGE IMPROVEMENT PROJECT
(E) APPROVAL OF TAXICAB LICENSES FOR GREEN RIVER HAULING [DBA PLAZA CAB, YELLOW CAB,
AND NORTHWEST CAB]
(F) APPROVAL OF TAXICAB LICENSE FOR TAC-KEY, INC. [DBA NORTHEND TAXI]
2. AUDIENCE
3. (5 Min.) PRESENTATION OF "KID'S CREATE' AWC MUNICIPAL ACHIEVEMENT AWARD PLAQUE
4. (15 Min.) (A) UPDATE BY CONSULTANT BRUCE AGNEW AND PAUL MAR REGARDING TRANSPORTATION
ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT; AND
(B) AUTHORIZATION TO SIGN MEMORANDUM OF UNDERSTANDING WITH WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION AND COMMUNITY TRANSIT TO DEVELOP THE
MULTIMODAL TRANSPORTATION CENTER IN EDMONDS
5. (15 Min.) INFORMATIONAL PRESENTATION ON BALLOT MEASURE PROPOSITION REGARDING PROPOSED
JUVENILE DETENTION AND JUSTICE CENTER (PRESENTATION GIVEN BY MARY HELEN ROBERTS)
6. (15 Min.) AUTHORIZATION TO INITIATE CABLE TV FRANCHISING AUTHORITY CERTIFICATION PROCESS
AND ADOPTION OF RESOLUTION
7. (10 Min) REPORT ON SNOHOMISH COUNTYWIDE COMPREHENSIVE PARK AND RECREATION PLANNING
PROCESS
8. (30 Min) HEARING ON APPEAL OF THE HEARING EXAMINER'S DECISION ISSUED UNDER FILE NO. AP-93-61
(APPELLANT: RICHARD & ANA SWING). [THE HEARING HELD ON FILE NO. AP-93-61 WAS AN
APPEAL OF THE PLANNING DIVISION'S APPLICATION OF ECDC CHAPTER 17.40 IN THE DENIAL OF
A BUILDING PERMIT FOR REMODEL OF A NONCONFORMING MULTI -FAMILY RESIDENTIAL
BUILDING LOCATED AT 640 MAPLE STREET] (APPELLANT: SCOT SIMPSON, ET AL/FILE AP-93-145)
9. (10 Min.) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED JULY 31, 1993
10. (45 Min.) CONTINUED COUNCIL DISCUSSION ON PROPOSED PLANNING BOARD COMMUNITY
DEVELOPMENT CODE AMENDMENTS REGARDING CHAPTER 17.30 - FENCES AND HEDGES;
SECTION 20.10.090 - CREATE NEW SECTION TO ESTABLISH TIME LIMITS FOR ADB APPROVALS;
SECTION 16.50.010B.3 - REVISE SECTION TO CLARIFY PERMITTED LOCATION OF RESIDENTIAL
USE IN THE BC ZONE; SECTION 21.35.017 - CREATE DEFINITION FOR TERM "GROUND FLOOR"
(FILE NO. CDC-92-237 / CDC-6-91)
11. (10 Min.) REVIEW OF PROPOSED 1994 BUDGET PROCESS
12. (5 Min.) MAYOR
1.3. (15 Min.) COUNCIL
Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24
hours advance notice for special accommodations.
The Council Agenda appears on Chambers Cable, Channel 32