08/05/1997 City Councilk
EDMONDS CITY COUNCIL APPROVED MINUTES
AUGUST 5, 1997
Following a Special Meeting at 6:00 p.m. to tour the Wastewater Treatment Plant, the Edmonds City
Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room,
650 Main Street. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Barbara Fahey, Mayor
Dave Earling, Council President
John Nordquist, Councilmember
Roger L. Myers, Councilmember
Dick Van Hollebeke, Councilmember
Gary Haakenson, Councilmember
Thomas A. Miller, Councilmember
ABSENT
Jim White, Councilmember
1. APPROVAL OF AGENDA
STAFF PRESENT
Michael Springer, Fire Chief
Paul Mar, Community Services Director
Art Housler, Administrative Services Director
Jeff Wilson, Planning Supervisor
Stephen Koho, Treatment Plant Manager
Brent Hunter, Human Resources Director
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jeannie Dines, Recorder
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
NORDQUIST, FOR APPROVAL OF THE AGENDA. MOTION CARRIED.
2. CONSENT AGENDA ITEMS
Councilmember Myers pulled Item B from the Consent Agenda. Councilmember Van Hollebeke pulled
Item J.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR
APPROVAL OF THE REMAINING CONSENT AGENDA ITEMS. MOTION CARRIED. The
agenda items approved are as follows:
(A) ROLL CALL
Approve (C) APPROVAL OF CLAIM WARRANTS #15215 THRU #19501 FOR THE WEEK OF
Claim JULY 28, 1997, IN THE AMOUNT OF $354,235.93
Warrents
General Fund (D) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDING
JUNE 30, 1997
1 ve w (E) REPORT ON BIDS OPENED JULY 29, 1997 FOR THE 100TH AVENUE W. STREET
veriay OVERLAY (224TH ST. S.W. TO 237TH PL. W.) AND AWARD OF BID TO
ASSOCIATED SAND AND GRAVEL ($182,519.98, EXCLUDING SALES TAX)
Edmonds City Council Approved Minutes
August 5, 1997
Page 1
1996 Street
(F)
REPORT ON FINAL CONSTRUCTION COSTS FOR THE 1996 STREET OVERLAY
overlay
Program
PROGRAM AND COUNCIL ACCEPTANCE OF PROJECT
76th Ave. W/
(G)
REPORT ON FINAL CONSTRUCTION COSTS FOR THE 76TH AVE. W./9TH AVE. N.
9th Ave. N.
STREET REHABILITATION PROJECT AND COUNCIL ACCEPTANCE OF PROJECT
Street Rehab.
Reso. #879 -
li7�
(H)
RESOLUTION NO. 879 CALLING FOR AN ELECTION DATE FOR THE
Perrinville
"PERRINVILLE ANNEXATION"
Annexation
Reso. #880
��/
RESOLUTION NO. 880 SUPPORTING REMOVAL OF TOBACCO ADVERTISING ON
Tobacco
AK MEDIA BILLBOARDS
Advertising
Promotional
(K)
FUNDING REQUEST FOR PARTICIPATING IN SNOHOMISH COUNTY
Publication
PROMOTIONAL PUBLICATION
Item B: Approval
of City Council Meeting Minutes of July 29, 1997
Councilmember Myers noted the Council had not had an opportunity to review the minutes as they were
distributed tonight.
7
Minutes will COUNCILM�
EMBER MYERS MOVED, SECONDED BY COUNCIL PRESIDENT EARLING TO
Minut
be Placed on POSTPONE THE APPROVAL OF THE JULY 29, 1997 CITY COUNCIL MEETING MINUTES
8/19 Agenda TO THE AUGUST 19, 1997 CITY COUNCIL MEETING. MOTION CARRIED. Item to be
postponed is as follows:
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JULY 29,1997
Item J. Proposed Ordinance Amending the Provisions of Edmonds City We Chapter 3.50 Relating to
Miscellaneous Charges in order to Amend Section 3.50.020; Charges - Insufficient Funds and Other
Returned Checks, and Add a New Section 3.50.030 to Provide for a Delinquency Charge on City Utility
Accounts
Councilmember Van Hollebeke explained he could not support the addition of a 10% charge for past due
accounts as he felt it would be a disproportionately large amount for some families. He recognized the
nuisance of sending duplicate billings but pointed out this may be necessary if Edmonds wanted to
remain the friendliest city on the Puget Sound.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT
EARLING, FOR APPROVAL OF CONSENT AGENDA ITEM J. MOTION CARRIED; THE
VOTE WAS 4 - 2; COUNCILMEMBERS VAN HOLLEBEKE AND MYERS OPPOSED. The
agenda item approved is as follows:
Ord.
NSF Charge; (J) ORDINANCE NO. 3156 AMENDING THE PROVISIONS OF EDMONDS CITY CODE
Delinquency CHAPTER 3.50 RELATING TO MISCELLANEOUS CHARGES IN ORDER TO AMEND
Charge on
Utility SECTION 3.50.020, CHARGES -- INSUFFICIENT FUNDS AND OTHER RETURNED
Accounts CHECKS, AND ADD A NEW SECTION 3.50.030 TO PROVIDE FOR A DELINQUENCY
CHARGE ON CITY UTILITY ACCOUNTS
3. AUDIENCE
Cat Dorian Kostelyk, 17926 73rd Avenue W, Edmonds, reiterated the comments made in a letter provided
License/Leashl to the City Clerk regarding difficulties caused by a neighbor's cat wandering in her yard and the lack of
Laws
Edmonds City Council Approved Minutes
August 5, 1997
Page 2
license or leash laws for cats in the City. She recommended the Council enact a cat leash and license law
immediately to require owners to be responsible for their pets.
Mayor Fahey advised staff would be contacting Ms. Kostelyk regarding disposition of her concerns.
Lutiatrve I Rich Demeroutis, 921 Pine Street, Edmonds, expressed concern with the City Attorney's review of the
Petition petition at the July 29, 1997, Council meeting and his comments that it would not hold up in court. Mr.
Demeroutis pointed out occasions when the City Attorney's advice had been questionable including the
third term law in 1991, the City's Sign Ordinance, and the Oxford House case. He also questioned
Councilmember White's comments regarding the petition, noting he did not specialize in municipal law.
Further, he urged the Council to refrain from making comments about citizens who were working for
their community.
Medio 7 Jack Bevan, 19210 94th W, Edmonds, asked the following questions: (1) whether Medicare paid for
Transport transport, (2) whether an insurance company would pay if a person did not have Medicare, (3) who
Fees would pay if a person were unable to pay, and (4) whether the additional $.05 in the EMS levy rate
would cover the shortfall. In response to Mr. Bevans, questions, Mayor Fahey advised Medicare and
Medicaid pay for transport fees although a 20% co -pay is required. If a person's insurance covered
ambulance service, transport fees would usually be covered and the ordinance the City adopted last week
addressed the inability to pay for transport fees. The $.05 would not cover costs if transport fees were
not assessed. Mr. Bevan said the City's budget book indicated the assessed value of the City had
increased 1,127% over the past 20 years.
Rich Demeroutis asked why the Mayor requested the City Attorney draft an opinion regarding transport
fees if they were created by the Medic 7 Board. As Mr. Demeroutis' time to address the Council had
expired, Mayor Fahey invited him to come to her office to discuss this matter.
Closed
4.
CONTINUED MEETING ON AN
APPEAL
OF THE DECISION ISSUED BY THE
Record
ARCHITECTURAL DESIGN BOARD
TO DENY
AN APPLICATION TO CONSTRUCT TWO
-
ADDITIONAL PARKING SPACES
IN THE
FRONT OF THE APPLICANT'S BUILDING
Appeal
M. Smith
(Applicant: Marvin Smith: Property
Location:
126 4th Avenue North.• File Nos ADB -96-131 and
AP -96-148)
City Attorney Scott Snyder advised this matter was before the Council following remand to the
Architectural Design Board (ADB). Staff would not make a presentation as their comments were
reflected in the record. He explained this was an opportunity for the applicant to present argument based
on the ADB's written opinion.
Council President Earling directed the Council's attention to correspondence received from the
applicant's representative, Sally Hyde, dated July 29, 1997.
Sally Hyde, 152 3rd Avenue S, Edmonds, explained Marvin Smith wished to park two vehicles on the
existing asphalt in front of his building. She pointed out it appeared the ADB did not understand their
obligation upon remand. Her understanding was the ADB was to reconsider the application; however,
based on the minutes of their deliberation, they believed their obligation was to describe the reason the
application was denied. Ms. Hyde explained the ADB denied the application based on Chapter
20.12.025 which requires a 10 -foot wide landscape area; however this only applied to parking lots that
abut the street which this parking area does not. She pointed out there were no other parking lots in the
City with a 10 -foot buffer. Further, two members of the ADB (Goodrick and Chalupnik), who were not
Edmonds City Council Approved Minutes
August 5, 1997
Page 3
members of the ADB at the time of the original review, abstained from the vote but participated in the
deliberations. ADB Boardmember Chalupnik admitted new evidence into the hearing by stating there
was no parking in front of the buildings on 4th Avenue. Ms. Hyde pointed out not only was the ADB to
consider only evidence in the record, this information was incorrect.
Ms. Hyde pointed out the ADB's Findings and Conclusions were not supported by the record and were in
conflict. She referred to paragraph 2.4 of the ADB's Findings which indicated the applicant's proposal to
buffer development from the street satisfied the requirement of ECDC 20.10.070(B)(2), (3), and (4).
However, the Findings also include reasons why the applicant's proposal does not satisfy the
requirements. She pointed out ECDC 20.10.070 was ambiguous because according to 20.10.075,
successful examples of the design criteria contained in 20.10.070 were incorporated in the building
design and treatment criteria and interim guide and the Council had previously found that guide was not
applicable to this matter. Another conflict existed as the ADB found the application failed to satisfy the
criteria of landscaping requirements of 20.12 adopted pursuant to 20.10. However, the ADB found the
application met the criteria in 20.10.070. She pointed out this indicated either there was an error in the
decision or a conflict between 20.10 and 20.12.
Ms. Hyde stated the Code provision that required the 10 -foot wide landscape area was not applicable as
this parking lot did not meet the State's definition of "abut". The ADB also denied the application as
they felt it did not maintain a desirable and aesthetic environment of the City of Edmonds and failed to
minimize incompatible and unsightly surroundings and visual blight by buffering the proposed parking
with landscaping. She noted in Anderson v. Issaquah, it was determined a City cannot deny an
application on this basis.
Ms. Hyde summarized Mr. Smith requests the Council approve his application and allow him to park two
vehicles on the asphalt area in front of his building subject to either the landscape plan submitted or
conditionally approved with whatever landscaping plan the Council felt would fulfill the purpose of the
Code. She explained these were two parking spaces in front of a building in a commercial area that abuts
another parking lot on the south. She noted the ADB's indication that there should be landscaping on the
south side would not serve any purpose as this is an extension of the existing parking lot. Mr. Smith is
willing to comply with the wishes of the church located on the north side.
Mr. Snyder said Mr. Smith maintained the burden of persuasion throughout this process. He advised
paragraph 2.3 of the ADB Conclusions adopted staffs position (a required 5 -foot landscape buffer at the
property lines) but the application did not include a 5 -foot buffer. Ms. Hyde said the Code specifies,
"when in conflict with the surrounding properties." She said this application was not in conflict with the
property to the north or to the south.
Mr. Snyder asked if Mr. Smith would be agreeable to the Council requiring a 5 -foot buffer on the north
side. Ms. Hyde answered yes, if it was possible to provide the landscaping and if it was acceptable to the
church.
Mr. Snyder advised ECDC 21.90.120 defined the street as public or private right-of-way or access
easement which provides vehicular access to three or more lots. He asked if the record contained
information regarding the location of the right-of-way. Ms. Hyde answered she was not certain.
Councilmember Myers asked if there would be adequate space for two parking spaces if a 5 -foot buffer
were placed on the north side. Mr. Snyder advised the Code required 5 feet; the Council could grant a
modification.
Edmonds City Council Approved Minutes
August 5, 1997
Page 4
Planning Supervisor Jeff Wilson advised the proposed parking dimensions would use the entire 60 -foot
area. He recalled Chapter 18.95, parking lot construction standards, had been modified. Prior to this
modification, parking stall dimensions were deeper (18 feet); the dimensions could now be reduced to
16.5 feet in length. He noted the parking dimensions were engineering standards and declined to
comment on turning movement requirements.
Councilmember Haakenson asked what the ADB's responsibility had been upon remand. Mr. Snyder
referred to the Council's Findings and Conclusions which indicated the matter was remanded to the ADB
for entry of written findings.
Councilmember Haakenson asked if the Council had the authority to determine what was in conflict.
Mr. Snyder indicated the decision ultimately was whether the applicant complied with the criteria of the
Code and its application.
Councilmember Myers noted the ADB's Findings were not dated and were signed by only one member.
City Clerk Sandy Chase advised the additional signature was obtained and was dated June 18, 1997.
Copies were sent by certified mail to the Mr. Smith and Ms. Hyde.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
APPROVE THE PARKING PERMIT SUBJECT TO THE 5 -FOOT LANDSCAPING
REQUIREMENT, SUBJECT TO THE CHURCH'S APPROVAL OF THE 5 -FOOT LANDSCAPE
STRIP.
Councilmember Myers referred to the ADB decision which indicated "the parking proposed fails to
provide for adequate landscaping along the lines between adjacent property owners and the adjacent
street" and said he felt the 5 -foot landscape buffer would be adequate. He did not see a need for a 5 -foot
landscape buffer on the south side. He hoped the applicant and the church could reach an agreement
regarding the landscape buffer on the south side.
Councilmember Haakenson asked if the 5 -foot buffer would be required if the church did not want it.
Councilmember Nordquist advised his motion indicated the 5 -foot landscape buffer would be subject to
the church's approval. Councilmember Haakenson indicated he would support the motion.
Councilmember Van Hollebeke expressed frustration with the length of time this process has taken.
Although he did not understand Mr. Smith's reasons for removing two on -street parking spaces and
replacing them with two off-street parking spaces, it was Mr. Smith's decision as long as the buffers as
intended were met. He pointed out clear instruction to citizens would avoid ambiguity.
Councilmember Myers asked whether a smaller buffer would be acceptable if it was determined that it
was not possible to provide a 5 -foot buffer. Councilmember Nordquist responded he would like the
buffer to remain at 5 feet as required by the Code and felt it would be possible.
Councilmember Haakenson recalled the Council was not permitted to consider the loss of two on -street
parking spaces. Mr. Snyder agreed the Council was not permitted to use the loss of two on -street parking
spaces as a reason for denial.
MOTION CARRIED, COUNCIL PRESIDENT EARLING OPPOSED.
Edmonds City Council Approved Minutes
August 5, 1997
Page 5
Mr. Snyder indicated Findings would be provided at the next Council meeting. He noted the Findings
would include a mechanism for the church to indicate its approval in writing. He pointed out if the 5 -
foot buffer was not acceptable to the church, the City could not require more as the City's ordinance only
required 5 feet.
Ms. Hyde said her understanding was that the width of the landscaping could be negotiated with the
church. Mr. Snyder pointed out the City's ordinance stated 5 -feet; it was not appropriate for the Council
to defer a quasi judicial decision to a third party.
Councilmember Nordquist clarified that his motion stated the buffer would be 5 feet. Mayor Fahey
clarified if the church did not want the landscape buffer, the buffer would not be provided. There was no
option in the motion for negotiating the amount of the buffer.
Mr. Snyder advised the Findings would be prepared for the August 19 Council meeting. He
recommended the Council continue the hearing and decision to the August 19 Council meeting which
would allow Ms. Hyde to obtain a letter from the church specifying their decision on the buffer. He
disagreed with the Council deferring the outcome to a third party. Ms. Hyde agreed to provide a letter
from the church. Mr. Snyder pointed out if the church agreed to the 5 -foot buffer but only 3 - 4 feet
could be provided, the Council could modify its decision.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER
HAAKENSON, TO CONTINUE THE HEARING AND DECISION TO THE AUGUST 19, 1997
COUNCIL MEETING. MOTION CARRIED.
Councilmember Nordquist requested this item be placed at the beginning of the August 19 Council
agenda. Mr. Snyder indicated this item could be handled on the Consent Agenda if Ms. Hyde submitted
a letter from the church.
Closed 5. MEETING ON AN APPEAL OF THE HEARING EXAMINER'S DECISION TO GRANT
Record APPROVAL OF A REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN
Appeal
APP -97--97- 87 ACCESSORY DWELLING UNIT TO LOCATE IN A NEW ADDITION TO AN EXISTING
J. Nordquist SINGLE-FAMILY RESIDENCE LOCATED AT 24107 76TH AVENUE WEST (Appellant: John
Nordquist, File No. AP -97-87 / Applicant: Amir Ashoori, File No. CU -97-21
Mayor Fahey indicated Councilmember Nordquist had stepped down from his position on the Council
for this matter.
Mr. Snyder explained normally when a Councilmember stepped down, he/she would be encouraged to
leave the Council Chambers. In this instance, doing so would deprive him of his rights under appeal;
therefore, he would be allowed to be present. He recommended Councilmembers disclose any
conversations they have had with Mr. Nordquist regarding this matter or any financial interest in the
property. He explained the Appearance of Fairness Doctrine specifically excluded a challenge that
would destroy a quorum of the Council.
Mayor Fahey asked if any Councilmember wished to make a disclosure. There were no disclosures.
Planning Supervisor Jeff Wilson explained on May 15, 1997, the Hearing Examiner held a public hearing
on a request by Mr. Ashoori for a Conditional Use Permit to allow an accessory dwelling unit to be
located within a new addition to an existing single family residence. On May 30, 1997, the Hearing
Edmonds City Council Approved Minutes
August 5, 1997
Page 6
Examiner issued his decision to approve the request for the Conditional Use Permit application, finding it
complied with the City's ordinances. On June 13, 1997, the appellant (Mr. Nordquist) filed a request for
reconsideration with the Hearing Examiner citing his concerns with the decision. On June 24 the
Hearing Examiner denied the request for reconsideration and upheld his original decision. On June 25,
1997, the appellant filed an appeal to bring this matter before the Council. Mr. Wilson indicated a
verbatim transcript of the Hearing Examiner's hearing (Exhibit 3), the appellant's letter (Exhibit 2),
background information and testimony provided to the Hearing Examiner, memorandums from staff, and
the Hearing Examiner's decisions (Exhibits 4-9) were included in the Council's packet.
Councilmember Haakenson asked what type of enforcement procedures existed if the applicant chose not
to live in the residence. Mr. Wilson explained enforcement procedures of that type would be difficult for
the City to administer as it may be difficult to determine actual residency. As part of the application
process and a condition applied to all accessory dwelling units, the applicant must sign an affidavit
indicating and acknowledging the requirements and conditions placed on granting the permit. That
affidavit is filed with the property. A purchaser of the property is not granted the same rights to the
accessory dwelling unit as the current owners; the City requires an owner reside in the property for at
least two years. If the property were sold and the purchaser began using the property as an accessory
dwelling unit, enforcement action would be taken to terminate the accessory dwelling unit.
Amir Ashoori, 24107 76th Avenue W, Edmonds, indicated he had lived at this address for nine years
but he and his wife had been living in an apartment in Mountlake Terrace for the past nine months. He
explained he wished to add an accessory dwelling unit to his home for either his parents or he and his
wife to live in. He explained his parents have lived in the residence with him for the past nine years. He
indicated he had met all the City's requirements.
Mr. Snyder explained the appellant was requesting the covenant be clarified so that, as an occupant of the
home, the applicant would be required to live there. He asked if Mr. Ashoori objected to including
stronger language in the covenant.
Mr. Ashoori asked if that was normal. Mr. Snyder answered the covenant as proposed would be the
standard one the City has used in the past. If the Council wanted to strengthen the language, the question
would be whether it would be used in all future requests. Mr. Snyder clarified he represented the
Council, not the appellant.
Mr. Ashoori objected to strengthening the language and questioned why the additional requirement
would be imposed upon him and not other applicants. Mr. Snyder explained this issue had not been
raised to the City Council in the past; staff used a covenant he developed a number of years ago.
Although it was always intended that an applicant live in the structure, the City Code uses the word
"occupancy"; Mr. Nordquist has raised the issue whether that adequately ensures the person requesting
the permit will be on the premises. Mr. Snyder pointed out this was not a requirement for only Mr.
Ashoori but whether the City should tighten its covenant and use more specific language in the future.
Mr. Ashoori objected to the City using his case as an example. He explained a real estate attorney who
reviewed his case indicated the way the Hearing Examiner stated his findings is beyond the scope of the
City's codes. He did not appeal the original decision and did not have an attorney present to avoid
additional costs. He felt if the appellant was not a Councilmember, this case would not have progressed
this far.
Edmonds City Council Approved Minutes
August 5, 1997
Page 7
Councilmember Myers asked how long Mr. Ashoori had lived in an apartment. Mr. Ashoori answered
one year. Councilmember Myers pointed out Mr. Ashoori indicated to the Hearing Examiner that his
parents may visit his, sisters in Tacoma and Washington DC for 2 - 6 months. Mr. Ashoori answered the
period of time may vary, but likely would be 1- 2 months. He said this was a personal issue and he felt
the Hearing Examiner was policing him in his residence. 11
Councilmember Myers clarified the reason for the question was to ensure the owner would occupy the
residence. He asked why Mr. Ashoori had moved from his primary residence. Mr. Ashoori explained
conflicts arose after he married and it was easier for he and his wife to move than for his parents to
move. He stressed this was a personal issue; he would like to build an accessory dwelling unit and move
back into the residence.
John Nordquist, 7516 241st SW, Edmonds, explained he and his wife purchased the property in 1960
and he had as much right as any citizen to defend his property. He reiterated he had not discussed this
matter with any Councilmembers or with staff. He explained he was appealing the Hearing Examiner's
usage of the word "occupant". The Hearing Examiner states that the word "live" did not exist in Chapter
20.21 but rather the words "occupant, occupy, and occupancy" should be the "operative words" and the
definition should be sought out in a dictionary. He directed the Council's attention to page 10, paragraph
4, of the Hearing Examiner's decision in which he indicated one of the two dwelling units shall be
occupied but uses the word "live in" on page 5. In the Hearing Examiner's decision on the request for
reconsideration, he again indicated ECDC only uses the word "occupant, occupy, and occupancy" and
not the word "live" but the Hearing Examiner used the word "live". Mr. Nordquist expressed concern
with the Hearing Examiner's finding of stating one must consult a dictionary for the definition of
occupant. He pointed out an individual could occupy a space (such as an office) but may not necessarily
live there. He recommended the Hearing Examiner develop a stronger definition of what it meant to live
in a place. He pointed out this application would result in basically a duplex—one of the units could be
used for a business and the owner could indicate it was "occupied" by his business. He recommended
this issue be returned to the Hearing Examiner to request he provide a more definitive definition of the
word "occupant".
Mr. Ashoori commented "occupancy" versus "live" was a word game. Although he agreed Mr.
Nordquist had a point, he objected to his case being used to bring up that point and stated the Council
had ample opportunity to address this issue. He pointed out the report contained information that the
applicant lives in Mountlake Terrace according to City records. He questioned how this information was
obtained as he was denied this information when he requested it from the Water Department.
COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MILLER,
TO EXTEND THE DISCUSSION ON THIS ITEM FOR 15 MINUTES. MOTION CARRIED.
Councilmember Myers referred to Mr. Ashoori's comment that Mr. Nordquist's position on the Council
was the reason this issue had gotten this far. He assured him all citizens had access to the same
procedures. Mr. Ashoori clarified citizens may not know the procedures as well as Mr. Nordquist did.
Mayor Fahey remanded the matter to Council for deliberation.
Councilmember Van Hollebeke referred to the Hearing Examiner's decision on the request for
reconsideration indicating the words "occupant, occupy and occupancy" were not defined in the
Edmonds Community Development Code; therefore, the dictionary definition of those words should be
used. Mr. Snyder explained the Hearing Examiner was referring to the "standard maximum
Edmonds City Council Approved Minutes
August 5, 1997
Page 8
interpretation", if a term was not defined in a law or ordinance, it was to be given its plain, ordinary
meaning determined by reference to a dictionary. Regardless of the outcome of this appeal, he
recommended this matter be remanded to the Planning Board for their consideration if the use of the
term "occupancy" was an issue. He pointed out Section 20.21.035 of the accessory dwelling section
regarding non -transferability stated a conditional use permit for an accessory dwelling unit shall not be
transferable and shall expire automatically if the applicant ceased to be a resident and occupant of either
the accessory dwelling unit or the primary residence. He pointed out legal residency was a far more
tenuous status than occupancy.
Councilmember Myers asked if Mr. Ashoori's establishment of a separate residence would invalidate the
two year residency requirement. Mr. Snyder answered no, Mr. Ashoori had established his residency
during the previous nine years.
Councilmember Haakenson asked how many conditional use permits for accessory dwelling units were
issued this year. Mr. Wilson answered less than six. He noted approximately 6 - 10 requests per year
were issued over the past 7 years.
Mr. Snyder explained if it was alleged that the terms of a conditional use permit were being violated, the
Planning Department or three neighbors could refer the matter to the Council for revocation and the
Council would then determine if a residence was being resided in and occupied.
Councilmember Haakenson agreed Mr. Nordquist's comments regarding the ambiguity of the word
"occupy" were valid; however, if the wording of the ECDC was to be changed, he preferred it be done
via a Planning Board process and not use this case as an example.
Councilmember Van Hollebeke appreciated the feelings the parties have regarding this issue. He pointed
out Mr. Ashoori adequately explained why he has not continuously lived in his home and did not feel his
intention was anything other than to live in the residence.
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
HAAKENSON, TO DENY THE APPEAL AND UPHOLD THE HEARING EXAMINER'S
DECISION TO APPROVE THE APPLICATION FOR AN ACCESSORY DWELLING UNIT ON
THE SUBJECT PROPERTY, AS APPROVED UNDER FILE NO. CU -97-21. MOTION CARRIED,
COUNCILMEMBER MYERS OPPOSED.
CERT 6. REPORT ON COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM
Progam
Human Resources Director Brent Hunter explained the Community Emergency Response Team (CERT)
was a volunteer program in which citizens in the community were trained to provide assistance to their
neighbors in the event of a major disaster until assistance could be provided by Public Safety personnel.
CERT members are trained in extinguishing fires, providing basic first aid, search and rescue, and
working with neighbors. He indicated staff would like to continue this program and conduct additional
classes. The cost of the first program was approximately $950, although classes were conducted by
volunteer instructors provided by ESCA. He indicated these funds were available in his department's
budget. The long range goal is to conduct four classes to train a core of volunteers and to maintain this
as an ongoing program. He displayed photographs of volunteers being trained in building assessment,
fire suppression, emergency first aid, transporting, search and rescue, and the volunteers from Edmonds
and Woodway. He noted the clothing provided to volunteers was one of the primary expenses for the
CERT program.
Edmonds City Council Approved Minutes
August 5, 1997
Page 9
Dan Tarbuck, Stella's Landing Condominiums, 3rd and Walnut, Edmonds, said he volunteered for
the first Edmonds CERT class and became a member of the Steering Committee as well as its Chairman.
The Steering Committee was asked to develop a citizen's perspective as a result of the training. He
explained four facts were developed, 1) the potential for a NW disaster, 2) not enough professional
responders during a major disaster, 3) citizens will be on their own, and 4) with training, CERT could be
an effective emergency response force He displayed a City map identifying fire stations, the City's
command center, residences of members of the CERT team, and the Kingston Ridge fault line.
Mr. Tarbuck explained the Steering Committee also developed conclusions that 1) readiness made sense,
2) utilization of spontaneous volunteers would be helpful to professionals, 3) the need to provide clear
guidance to CERT members and follow-up training, 4) CERT was a wise way to spend City tax dollars,
and 5) the potential need for corporate sponsorship for specific training and exercise drills.
Councilmember Van Hollebeke asked whether the CERT volunteers would join with City professionals
or work within their own neighborhoods. Mr. Tarbuck replied this was currently being defined. He
stated the Fire Chief has three levels of expertise, 1) his fire fighters, 2) architects, engineers, etc. who
would survey the level of damage in the area, and 3) the group of volunteers. CERT members' first
responsibility would be to their families and then to their neighbors. Once stabilization of the
neighborhood had been completed, members would be available to the Fire Chief.
Councilmember Myers asked if CERT was affiliated with the group of Ham radio operators who provide
service during emergencies. Mr. Tarbuck answered no, but communication would be very important.
He indicated the Fire Chief hoped to bring in the Ham radio operators as part of the communication link.
Councilmember Miller asked how corporate sponsorship would assist CERT and what success they had
had to date attracting corporate sponsors.
Dan Good, Emergency Management Coordinator, Emergency Services Coordinating Agency
(ESCA), advised he had a verbal obligation from The Boeing Company to provide financial support for
the CERT teams. He indicated he is working to identify funding so building more teams can continue. .
Mr. Hunter advised ESCA requested Fire Chief Springer attend the CERT instructors course, conducted
at the National Emergency Training Center in Maryland during the last week of August. The cost of the
training is paid by ESCA; according to the City's travel policy, authorization for Chief Springer to attend
the training is required.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER MILLER, TO
AUTHORIZE FIRE CHIEF SPRINGER TO TRAVEL TO MARYLAND TO ATTEND CERT
TRAINING. MOTION CARRIED. (Councilmember Nordquist was not present for the vote.)
Fire Chief Springer explained the CERT program is very successful in the South Snohomish County
region. He noted some members were utilized during the winter storms. He invited citizens interested in
the CERT program to contact Edmonds Fire Department or ESCA. He explained CERT members would
be utilized in a disaster preparedness drill in October and the Ham radio operators would be incorporated
in the drill. He offered to provide a report on the result of the drill.
Mayor Fahey encouraged interested citizens to participate in the CERT program.
Edmonds City Council Approved Minutes
August 5, 1997
Page 10
Budget 7. REPORT ON 1998 DRAFT BUDGET FOR EMS MEDIC 7
MS
°' Councilmember Haakenson stressed this was only a draft budget and figures were very preliminary. He
explained the Edmonds Council appreciated the services offered to the community by Medic 7
paramedics and would continue to seek ways to fund those services. As a member of the Medic 7 Board
Budget Subcommittee, he wanted to share information that would require funding of Medic 7 services in
1998 and possibly beyond.
Councilmember Haakenson explained in 1996, Medic 7's assessment to the City of Edmonds was
$299,000. In _1997, the assessment increased to $398,000, partially due to the withdrawal of Fire
Districts 1 and 11. In 1998, several scenarios are being discussed; the most expensive .would add five
paramedics to the Medic 7 staff and increasing service from 1 t/z medic cars to two full-time medic cars.
The least costly scenario would be to leave service as it currently exists -12 paramedics and the 1 t/z cars.
This would result in an increase of up to $131,000 to the City of Edmonds for the most costly scenario
and little change if service remained as it currently exists. He noted resolution likely was somewhere
between these two scenarios. He again stressed these figures were preliminary but indicate that public
safety costs continue to escalate. In 1999, when Fire Districts 1 and 11 withdraw completely, costs will
increase. He recently attended a SnoCom meeting and learned they too are considering large increases.
Councilmember Haakenson referred to information in the Council packet regarding the City of
Lynnwood's proposal to take over Medic 7. He asked Councilmembers provide feedback prior to the
next Medic 7 Board meeting. He requested the Chairs of the Public Safety, Finance and Community
Service committees put the City of Lynnwood's proposal on their August 12 committee meetings
agendas and develop written action regarding the proposal.
8. MAYOR
Promotional I Mayor Fahey thanked the Council for approving Item K on the Consent Agenda which authorized her to
Publication enter into a contract to allow Edmonds to participate in the publication, Snohomish County - Treasure of
the Pacific Northwest. She noted this publication would be circulated over an extended period of time
and it would be beneficial for Edmonds to be represented.
Consolidation Mayor Fahey updated the Council on the exploration of consolidation of fire services in South
of Fire Snohomish County. She advised the Request for Proposals (RFP) were sent out with a deadline of
Services
August 6, 1997. The Steering Committee will receive copies of the RFPs and meet on August 12 to
determine which proposals will be brought to the full committee for interviews.
National I Mayor Fahey advised tonight is National Night Out, a time when citizens were invited to turn on their
Night Out Ioutside lights, lock their doors, and spend an evening outside with their neighbors and police from 5:00
P.M. to 10:00 P.M.
"Most Mayor Fahey said one of the results of the City's selection, for the fifth year in a row, as the most
Friendly friendly town in the Pacific Northwest by the King 5 Best of Western Washington Poll, is that the City is
Town"
invited to participate in a showcase event that benefits the March of Dimes. This event takes place on
September 6 from 12:00 p.m. to 4:00 p.m. in Bellevue. Edmonds Alliance for Economic Development
was handling the display. She pointed out this would bring the Edmonds community to the attention of
the public and also benefit the March of Dimes.
Edmonds City Council Approved Minutes
August 5, 1997
Page 11
Teen Beach Mayor Fahey encouraged teens in the community to attend the Beach Party on August 9, 7:00 p.m. to
Party 11:00 p.m., at Edmonds Marina Beach. Additional information was available from City Hall or the
Parks and Recreation Department.
City Attorney Scott Snyder responded to comments made by Mr. Demeroutis during the public comment
portion of the meeting. He explained Wayne Tanaka of Ogden Murphy Wallace had informed the
Council when the two term limitation was requested that it was of questionable validity and he (Mr.
Snyder) provided an option that it was of questionable validity. For that reason, the City employed
.special counsel to defend itself. Regarding the City of Tacoma ordinance, Edmonds' ordinance was
similar to other ordinances in the State; he was wrong as was every other City Attorney. At the time the
City Council authorized the Oxford House case to go forward, he informed the City Council there was a
50-50 chance of winning and that the cost would be approximately $500,000. The costs were $490,000
and the City won the case at the District Court level but lost at the United States Supreme Court level.
He noted the United States Supreme Court receives 6,000 petitions each year and accepts only 100 cases.
Mayor Fahey pointed out the City took action on the Oxford House matter at the request of many citizens
who felt it was important to defend the right to maintain family neighborhoods.
9. COUNCIL
Council President Earling pointed out over the next several weeks the City would be in the campaign
season. He urged everyone who had filed for candidacy to act with the same restraint as current
Councilmembers by not politicizing particular issues.
Excused COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
Absence EXCUSE COUNCILMEMBER MILLER FROM THE JULY 29, 1997 COUNCIL MEETING.
MOTION CARRIED.
EMS Levy Council President Earling updated the Council on the action taken last week regarding the proposed
Ordinance ordinance being requested to be placed on the September 16 ballot. In response to the Council's request
for citizens to provide pro and con positions, two citizens volunteered to provide con positions and three
to provide pro positions. Their statements were due to the County Auditor today, August 5 at 5:00 p.m.
Initiative Both sides would have an opportunity to rebut the oppositions statement; those statements were due by
Petition 5:00 p.m. on August 8. Further, the County Auditor's office indicated they would have the signatures
validated on the citizens initiative no later than August 15. He indicated he would call the Auditor's
Office on August 7 to determine if the signatures have been validated so the Council could address this
issue prior to Council Committee Meetings on August 12.
M
Councilmelnber Miller advised he received a letter from Lynnwood's Mayor Roberts in response to his
es request that Lynnwood reconsider joining the Integrated Fire Services Task Force. Lynnwood Mayor
Roberts indicated their Council has placed this item on their agenda for continued deliberation.
Lynnwood Mayor Roberts indicated she is supportive of the City joining the Task Force and has
appropriated $7,000.
Edmonds in Councilmember Van Hollebeke advised he and Councilmember Myers attended the Edmonds in Bloom
Bloom awards ceremony on Sunday, August 3, which was attended by over 200 people. He pointed out this
showed the number of people in the community who participated in beautification of the City. He
advised his business won second place in the commercial division for container planting.
Edmonds City Council Approved Minutes
August 5, 1997
Page 12
gk—day in the Councilmember Myers commented on the Sunday in the Park concerts and invited everyone to this
Concerts Sunday's performance.
iie Art Mayor Fahey announced the public art for the new City Hall, the stained glass around the front door, was
installed and looked exquisite.
Councilmember Haakenson advised during the 1 % years he has been on the Council, the Council has
discussed adult entertainment, remodeling the ferry dock, cellular towers and many other technical issues
but had not been involved in a hearing process that took as long as or was as muddled as Marvin Smith's
two parking spaces. He hoped this matter could be resolved at the August 19 Council meeting.
ADB City Attorney Scott Snyder advised in his annual recommendation to the Council, he had indicated the
ADB was very well suited to establishing architectural standards, but was not a hearing body. Under the
new State laws, he viewed their continued use as a hearing body to be a potential liability to the City. He
continued to recommend that the Council consider using the ADB as a group of design professionals to
design standards but have the Hearing Examiner hold hearings. This would resolve most of the problems
encountered in this hearing process.
Councilmember Nordquist thanked Councilmembers for participating in the hearing regarding the
Ashoori property and complimented staff on the process. He indicated Planning Supervisor Jeff Wilson
said this could now be taken to the Planning Board.
Signs at City Councilmember Nordquist requested the restroom sign at City Park be turned so it was visible to vehicles
in the ferry holding lanes. Further, he requested a sign, visible to the ferry holding lanes, be installed
identifying City Park.
With no further business, the Council meeting was adjourned at 9:28 p.m.
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Edmonds City Council Approved Minutes
August 5, 1997
Page 13
AGENDA
EDMONDS CITY COUNCIL
Plaza Meeting Room - Library Building
650 Main Street
7:00 -10:00 p.m.
AUGUST 5, 1997
SPECIAL MEETING
6:00 P.M. - TOUR OF THE WASTEWATER TREATMENT PLANT
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 JULY 29, 1997
(C) APPROVAL OF CLAIM WARRANTS #15215 THRU #19501 FOR THE WEEK OF JULY 28, 1997, IN THE
AMOUNT OF $354,235.93
(D) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED JUNE 30, 1997
(E) REPORT ON BIDS OPENED JULY 29, 1997 FOR THE 100TH AVENUE W. STREET OVERLAY (224TH ST.
S.W. TO 237TH PL. W.) AND AWARD OF BID TO ASSOCIATED SAND AND GRAVEL ($182,519.98,
EXCLUDING SALES TAX)
(F) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 1996 STREET OVERLAY PROGRAM AND
COUNCIL ACCEPTANCE OF PROJECT
(G) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 76TH AVE. W./9TH AVE. N. STREET
REHABILITATION PROJECT AND COUNCIL ACCEPTANCE OF PROJECT
(H) PROPOSED RESOLUTION CALLING FOR AN ELECTION DATE FOR THE "PERRINVILLE ANNEXATION"
PROPOSED RESOLUTION SUPPORTING REMOVAL OF TOBACCO ADVERTISING ON AK MEDIA
BILLBOARDS
(J) PROPOSED ORDINANCE AMENDING THE PROVISIONS OF EDMONDS CITY CODE CHAPTER 3.50
RELATING TO MISCELLANEOUS CHARGES IN ORDER TO AMEND SECTION 3.50.020, CHARGES --
INSUFFICIENT FUNDS AND OTHER RETURNED CHECKS, AND ADD A NEW SECTION 3.50.030 TO
PROVIDE FOR A DELINQUENCY CHARGE ON CITY UTILITY ACCOUNTS
(K) FUNDING REQUEST FOR PARTICIPATING IN SNOHOMISH COUNTY PROMOTIONAL PUBLICATION
3. AUDIENCE (3 minute limit per person)
4. (45 Min.) CONTINUED MEETING ON AN APPEAL OF THE DECISION ISSUED BY THE ARCHITECTURAL DESIGN
BOARD TO DENY AN APPLICATION TO CONSTRUCT TWO ADDITIONAL PARKING SPACES IN THE
FRONT OF THE APPLICANT'S BUILDING (Applicant: Marvin Smith; Property Location: 126 4th Avenue
North; File Nos. ADB -96-131 and AP -96-148)
Parking and meeting roans 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.
Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32.
CITY COUNCIL MEETING AGENDA
AUGUST 5, 1997
PAGE 2
5. (30 Min.) MEETING ON AN APPEAL OF THE HEARING EXAMINER'S DECISION TO GRANT APPROVAL OF A
REQUEST FOR A CONDITIONAL USE PERMIT TO ALLOW AN ACCESSORY DWELLING UNIT TO
LOCATE IN A NEW ADDITION TO AN EXISTING SINGLE=FAMILY RESIDENCE LOCATED AT 24107 76TH
AVENUE WEST (Appellant: John Nordquist, File No. AP -97-871 Applicant: Amir Ashoori, File No. CU -97-
21)
6. (200n.) REPORT ON COMMUNITY EMERGENCY RESPONSE TEAM (CERT) PROGRAM
7. (10 Min.) REPORT ON 1998 DRAFT BUDGET FOR EMS MEDIC 7
8. (5 Min) MAYOR
9. (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.
Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32.