12/14/1999 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
DECEMBER 14, 1999
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, followed by the flag salute.
ELECTED OFFICIALS PRESENT
Barbara Fahey, Mayor
Thomas A. Miller, Council President
Gary Haakenson, Councilmember
Dave Earling, Councilmember
John Nordquist, Councilmember
Michael Plunkett, Councilmember
Jim White, Councilmember
Dick Van Hollebeke, Councilmember
ALSO PRESENT
Christie Lee, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Tom Tomberg, Fire Chief
Robin Hickok, Police Chief,
Peggy Hetzler, Administrative Services Director
Rob Chave, Planning Manager
Noel Miller, Public Works Director
James Walker, City Engineer
Stephen Koho, Wastewater Treatment Plant Mgr
Brent Hunter, Human Resources Director
Doug Farmen, Accounting Manager
Steve Bullock, Senior Planner
Scott Snyder; City Attorney
Sandy Chase, City Clerk
Jeannie Dines, Recorder
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNtILMEMBER
NORDQUIST, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED.
2. CONSENT AGENDA ITEMS
Council President Miller requested Items G, I, and T be removed from the Consent Agenda.
COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, FOR APPROVAL OF THE 'REMAINDER OF THE CONSENT AGENDA.
MOTION CARRIED. The agenda items approved are as follows:
Edmonds City Council Approved Minutes
December 14, 1999
Page 1
(A)
ROLL CALL
pprove
(B)
APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 7, 1999
Minutes
(C)
APPROVAL OF CLAIM WARRANTS #35908 THROUGH #37859 FOR THE WEEK OF
pprove
DECEMBER 6, 1999, IN THE AMOUNT.OF $224,427.51. APPROVAL OF PAYROLL
Claim
Warrants
WARRANTS #26977 THROUGH #27012 FOR FIRE DEPARTMENT 1999 HOLIDAY
BUY -BACK IN THE AMOUNT OF $91,428.14
pprove
(D)
APPROVAL OF PETTY CASH EXPENDITURES FOR THE MONTH OF NOVEMBER
tty Cash
1999
penditure
Edmonds City Council Approved Minutes
December 14, 1999
Page 1
quipment
Rental Rates
(I)
AUTHORIZATION TO REPLACE EXISTING FACILITY MAINTENANCE STAFF
ehicle
(E)
APPROVAL OF 2000 EQUIPMENT RENTAL RATES
Police
AND DECLARE UNIT #102 SURPLUS
Support
(F)
APPROVAL OF POLICE SUPPORT LABOR AGREEMENT
Labor
THE CITY OF LYNNWOOD AND THE CITY OF EDMONDS FOR JOINT FUNDING OF
Agreement
(H)
APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD MEETING HELD ON
recycling I
(M)
DECEMBER 7, 1999 — APPEAL OF THE HEARING EXAMINER'S DECISION TO
Findings of
DENY THE APPLICANT'S /APPELLANT'S TWO VARIANCE REQUESTS FILED
Fact —
UNDER FILE NO. V -99 -164: 1) A VARIANCE TO REDUCE THE REQUIRED REAR -
Herman
YARD SETBACK FROM 15 -FEET TO 6 -FEET FOR THE CONSTRUCTION OF A NEW
Appeal
AP --99 -99- 208
� AND 2 CARPORT STRUCTURE; A VARIANCE TO INCREASE THE MAXIMUM
)
FENCE HEIGHT FROM 6 -FEET TO 7 -FEET ABOVE GRADE TO ALLOW THE
CONSTRUCTION OF A TRELLIS ON TOP OF A FENCE. (Appellant: Douglas Herman /
File No. AP -99 -208 /Applicant: Douglas Herman / File No. V -99 -164)
Window
Blinds at
(J)
AUTHORIZATION TO CONTRACT WITH ACCENT DESIGN TO REPLACE WINDOW
Anderson
BLINDS AT THE FRANCES ANDERSON CENTER FOR $8,759.68 INCLUDING SALES
Center
TAX.
eplace
(I)
AUTHORIZATION TO REPLACE EXISTING FACILITY MAINTENANCE STAFF
ehicle
VEHICLE WITH USED PROGRAM VEHICLE (PURCHASE NOT TO EXCEED $15,000),
ssistant
AND DECLARE UNIT #102 SURPLUS
Recycling
(L)
AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT BETWEEN
Coordinator
THE CITY OF LYNNWOOD AND THE CITY OF EDMONDS FOR JOINT FUNDING OF
THE RECYCLING COORDINATOR
recycling I
(M)
AUTHORIZATION FOR MAYOR TO SIGN RECYCLING GRANT AGREEMENT
rant I
BETWEEN EDMONDS AND WASHINGTON STATE DEPARTMENT OF ECOLOGY
Executive
(1)
AUTHORIZATION FOR MAYOR TO SIGN PERSONAL SERVICES AGREEMENT FOR
ouncil
COUNCIL ASSISTANT SERVICES WITH JANA SPELLMAN
ssistant
udge Pro
(0)
AUTHORIZATION FOR MAYOR TO SIGN AGREEMENTS FOR JUDGE PRO TEMS
Zeements
KATHLEEN FIELD, KRISTEN ANDERSON, AND DOUGLAS FAIR
rosecutor
(P)
AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT
Services
FOR PROSECUTOR SERVICES WITH JEFFREY GOODWIN
[Public I (Q) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT
Defender I FOR LEGAL REPRESENTATION OF INDIGENT DEFENDANTS WITH JAMES
FELDMAN
Hearing (R) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT
Examiner FOR HEARING EXAMINER SERVICES WITH RONALD McCONNELL
Ord. #3285 (S) ORDINANCE NO 3285 - 2000 SALARY ORDINANCE FOR NON - REPRESENTED
Non-rep. EMPLOYEES
Salaries
Ord. #3287 (U) ORDINANCE NO. 3287 APPROVING AND CONFIRMING THE FINAL ASSESSMENTS
LID 216 AND ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 216, THE
Assessment NORTH PERRINVILLE SANITARY SEWER LID, WHICH HAS BEEN (TREATED AND
Roll
ESTABLISHED FOR THE PURPOSE OF EXTENDING SEWER MAINS AND SERVICE
Edmonds City Council Approved Minutes
December 14, 1999
Page 2
TO THE PROPERTY COMMONLY KNOWN AS THE NORTH PERRINVILLE AREA,
AS PROVIDED IN ORDINANCE NO. 3243, AND LEVYING AND ASSESSING THE
COST THEREOF AGAINST THE SEVERAL LOTS, TRACTS AND PARCELS OF LAND
indings of ITEM G: APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD MEETING HELD ON
Fact— NOVEMBER 23. 1999 — APPEAL OF THE HEARING EXAMINER'S DECISION TO APPROVE AN
rtrich APPLICATION BY OLYMPIC VIEW DELI FOR A VARIANCE TO ALLOW 3 SIGNS TOTALING 21
peal SQUARE FEET IN AREA TO BE MOUNTED ON 3 SIDES OF THE EXISTING GAS PUMP ISLAND
-99 -197 CANOPY OVER THE MAXIMUM PERMITTED SIGN HEIGHT OF 14 FEET. THE SUBJECT
PROPERTY IS LOCATED AT 1011 PUGET DRIVE AND IS ZONED "NEIGHBORHOOD BUSINESS -
BN." Appellant: Roger Hertrich / File No. AP -99 -197 / Applicant: Olympic View Deli / File No. V -99 -134
Council President Miller pointed out a letter requesting reconsideration had been submitted by Mr.
Hertrich.
Regarding Items G and I, City Attorney Scott Snyder explained a motion to reconsider is a 3 -part
process, a motion would be made tonight to set the reconsideration to another date. If the motion to
reconsider passes, the parties are notified and continued deliberation on the motion to reconsider is held
on the date specified. He said the problem is this item is at the end of the 60 -day period to meet statutory
requirements. He suggested to comply with state law and incorporate the comments into the record, the
Council accept the motions to reconsider and either not make a motion or let the motion die for lack of a
second. In that manner, the comments of Mr. Hertrich (Item G) and Mr. Mallonee (Item 1) will be
included in the record.
In response to Councilmember Van Hollebeke's request for further clarification, Mr. Snyder said as the
Council will not meet again until after the 60 -day period expires, the Council is required to render a
decision. He pointed out the Council already made its decision, this action is only adoption of the
Finding of Fact. The Council could take the first step in the process tonight but could not complete the
process within the required 60 -day period. He recommended the Council note receipt of the request for
reconsideration for the record and if no further action is desired, pass the Findings of Fact. The record
will then reflect that a motion for reconsideration was received which the Council declined to act upon.
Edmonds City Council Approved Minutes
December 14, 1999
Page 3
SHOWN ON SAID ROLL
so #968
Student Rep.
(V)
RESOLUTION NO. 968 COMMENDING STUDENT REPRESENTATIVE CHRISTIE
C. Lee
LEE FOR HER SERVICE
Reso #969
(W)
RESOLUTION NO. 969 COMMENDING COUNCILMEMBER DICK VAN Hollebeke
Councilman
anHollebeke
FOR HIS PUBLIC SERVICE
#970
(X)
RESOLUTION NO. 970 COMMENDING COUNCILMEMBER JOHN NORDQUIST FOR
reso
ouncilman
HIS PUBLIC SERVICE
ord uist
Reso #972
RESOLUTION NO. 972 COMMENDING MAYOR BARBARA FAHEY FOR HER
Mayor
PUBLIC SERVICE
ahey
Reso #971 1
(Z)
RESOLUTION NO. 971 COMMENDING COUNCIL PRESIDENT THOMAS A. MILLER
ouncil
res. Miller
(AA)
RESOLUTION NO. 973 AMENDING RESOLUTION NO. 966 TO CLARIFY COUNCIL'S
Res. #973 1
INTENT TO DETERMINE SUBSTANTIAL NEED IN ESTABLISHING 2000
EMS Levy I
EMERGENCY MEDICAL SERVICES (EMS) LEVY
indings of ITEM G: APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD MEETING HELD ON
Fact— NOVEMBER 23. 1999 — APPEAL OF THE HEARING EXAMINER'S DECISION TO APPROVE AN
rtrich APPLICATION BY OLYMPIC VIEW DELI FOR A VARIANCE TO ALLOW 3 SIGNS TOTALING 21
peal SQUARE FEET IN AREA TO BE MOUNTED ON 3 SIDES OF THE EXISTING GAS PUMP ISLAND
-99 -197 CANOPY OVER THE MAXIMUM PERMITTED SIGN HEIGHT OF 14 FEET. THE SUBJECT
PROPERTY IS LOCATED AT 1011 PUGET DRIVE AND IS ZONED "NEIGHBORHOOD BUSINESS -
BN." Appellant: Roger Hertrich / File No. AP -99 -197 / Applicant: Olympic View Deli / File No. V -99 -134
Council President Miller pointed out a letter requesting reconsideration had been submitted by Mr.
Hertrich.
Regarding Items G and I, City Attorney Scott Snyder explained a motion to reconsider is a 3 -part
process, a motion would be made tonight to set the reconsideration to another date. If the motion to
reconsider passes, the parties are notified and continued deliberation on the motion to reconsider is held
on the date specified. He said the problem is this item is at the end of the 60 -day period to meet statutory
requirements. He suggested to comply with state law and incorporate the comments into the record, the
Council accept the motions to reconsider and either not make a motion or let the motion die for lack of a
second. In that manner, the comments of Mr. Hertrich (Item G) and Mr. Mallonee (Item 1) will be
included in the record.
In response to Councilmember Van Hollebeke's request for further clarification, Mr. Snyder said as the
Council will not meet again until after the 60 -day period expires, the Council is required to render a
decision. He pointed out the Council already made its decision, this action is only adoption of the
Finding of Fact. The Council could take the first step in the process tonight but could not complete the
process within the required 60 -day period. He recommended the Council note receipt of the request for
reconsideration for the record and if no further action is desired, pass the Findings of Fact. The record
will then reflect that a motion for reconsideration was received which the Council declined to act upon.
Edmonds City Council Approved Minutes
December 14, 1999
Page 3
COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO APPROVE THE FINDINGS OF FACT IN THE MATTER OF HERTRICH V.
OLYMPIC VIEW DELI AND NOTE THE REQUEST FOR RECONSIDERATION HAS BEEN
CONSIDERED. MOTION CARRIED, COUNCILMEMBER WHITE OPPOSED AND
COUNCILMEMBER EARLING ABSTAINED.
Findings of ITEM I: APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD MEETING HELD ON
act— DECEMBER 7. 1999 — APPEAL OF THE ARCHITECTURAL DESIGN BOARD DECISION TO
Mallonee APPROVE AN APPLICATION BY DOUGLAS SPEE FOR A MIXED USE BUILDING INCORPORATING
Appeal COMMERCIAL USES AND PARKING FOR THE FIRST FLOOR AND 18 RESIDENTIAL UNITS ON
P -99 -201 THE 2ND AND 3RD FLOORS THE DEVELOPMENT ALSO INCLUDES AN UNDERGROUND PARKNG
GARAGE. THE SUBJECT PROPERTY IS LOCATED AT 307 BELL STREET AND 210 3" AVENUE
NORTH AND IS ZONED "COMMUNITY BUSINESS — BC." Appellant; James A Mallonee / File No. AP-
99 -201 / Applicant: Douglas Spee / File No ADB -98 -191
Council President Miller advised a motion for reconsideration had also been submitted by Mr. Mallonee.
COUNCIL PRESIDENT . MILLER MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO APPROVE THE FINDINGS OF FACT IN THE MATTER OF MALLONEE V.
SPEE AND NOTE THE REQUEST FOR RECONSIDERATION HAS BEEN CONSIDERED.
MOTION CARRIED.
rd #3286 ITEM T: ORDINANCE NO. 3286 APPROVING AND CONFIRMING THE FINAL ASSESSMENTS AND
ID 215 ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO 215, THE PE.RRINVILLE
ssessment SANITARY SEWER LID WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF
Roll EXTENDING SEWER MAINS AND SERVICE TO THE PROPERTY COMMONLY KNOWN AS THE
PERRINVILLE ANNEXATION AREA, AS PROVIDED IN ORDINANCE NO. 3233, AND LEVYING AND
ASSESSING THE COST THEREOF AGAINST THE SEVERAL LOTS, TRACTS AND PARCELS OF
LAND SHOWN ON SAID ROLL
Council President Miller advised there had been minor verbiage changes to the ordinance.
COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, FOR APPROVAL ORDINANCE NO. 3286 WITH THE NOTED CHANGES.
MOTION CARRIED.
Proposed 3. MEETING WITH PROPONENTS OF THE PROPOSED "SUNDQUIST" ANNEXATION AND
Sundquist CONSIDERATION OF A PROPOSED RESOLUTION TO AUTHORIZE THE CIRCULATION OF
Annexation FORMAL ANNEXATION PETITIONS (Proponent: Eric Sundquist / File No AX -98 -101)
Planning Manager Rob Chave explained this is a proposal to initiate the process for circulation of the
formal petition for annexation of the area south of 228"' Street SW, west of Hwy. 99, and east of 88'
Avenue W, the area known as Esperance. He explained this area totals 193 acres with a total valuation
of $58.7 million. The proponents have collected the requisite petitions to initiate the process. The
purpose of tonight's meeting is for the Council to meet with petitioners, discuss the boundaries and reach
agreement on several issues including, 1) whether to accept, reject or modify the proposed annexation
boundaries, 2) whether or not to require the simultaneous adoption of proposed zoning regulations for the
subject area, 3) whether or not to require the assumption of existing City indebtedness by the area to be
annexed (staff's recommendation would be to require assumption of existing City indebtedness), and 4)
whether or not to authorize staff to prepare the required "60 %" petitions for circulation. lie advised the
recommended action is to direct staff to prepare a resolution authorizing circulation of Formal
Edmonds City Council Approved Minutes
December 14, 1999
Page 4
Annexation petitions for the proposed "Sundquist" annexation and place the issue on the January 25,
2000 Council Consent Agenda, and that the resolution to authorize circulation of formal annexation
petitions not be considered until after the January 18, 2000 Council public hearing.
There was no one representing the Sundquist annexation in the audience. Councilmember Earling
requested this matter be addressed later in the agenda in the event a representative arrived later.
COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO
MOVE ITEM 3 TO ITEM 6A. MOTION CARRIED.
Ord #3288 4. ORDINANCE NO. 3288 AMENDING THE 1999 BUDGET AS A RESULT. OF UNANTICIPATED
Amend 1999 TRANSFERS AND.EXPENDITURES OF VARIOUS FUNDS
Budget
Accounting Manager Doug Farmen advised twice a year the budget is amended as is legally required
whenever money is transferred from one fund to another. He' advised the budget amendment is $165,220
which brings the total 1999 City budget to $55,002,640. He commented this is basically a housekeeping
requirement to meet legal audit T equirements so the City does not exceed appropriations approved by the
Council. He advised a 1999 Budget Summary was provided in the Council packet as Exhibit A.
Mayor Fahey pointed out this is an amendment to the City's entire 1999 budget, not just the General
Fund. City Attorney Scott Snyder advised some of the changes are increases in cash revenue; all other
appropriations have been individually reviewed and approved by the Council throughout the year.
COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO APPROVE ORDINANCE NO. 3288, AN ORDINANCE OF THE CITY OF
EDMONDS, WASHINGTON AMENDING ORDINANCE NO. 3237 AND ORDINANCE NO. 3272
AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS
FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. MOTION
CARRIED.
Appraisal - 5. REPORT ON PEER REVIEW OF THE APPRAISAL SUBMITTED BY THE EDMONDS SCHOOL
Portion of DISTRICT FOR THE VACATION OF A PORTION OF THE 216TH STREET SOUTHWEST
10s St. sw RIGHT -OF -WAY IMMEDIATELY EAST OF 84' AVENUE WEST (Edmonds School District /
ROW File No. ST -99 -24
Senior Planner Steve Bullock explained that when the Council last reviewed the appraisal, a request was
made for a peer review of the appraisal submitted by Jack Dinniene on behalf of the Edmonds School
District to confirm the information in Mr. Dinniene's findings. The peer review was completed by Jim
Dodge, Macaulay & Associates, LTD, who found the valuation of raw land to be supported by
information in the original appraisal but did not feel the valuation of the subject property was accurately
determined and did not feel the method for reducing its value. was sufficiently supported in the report.
Rather than the right -of -way being 10% of the value of one raw lot, Mr. Dodge recommended it be 25-
50% of the value of one raw lot based on the fact that it is more than %2 a lot size and because of its
location in the middle of the property and fronting on 84'. Staff recommends the Council use the 50%
value of one raw lot to determine the value of this portion of right -of -way. The value of one raw lot as
determined in the original report was $22,500, 50% is $11,250. As required by City ordinances, the
school district would only pay 50% of that value or $5,625 to acquire that portion of right -of -way.
In response to a question raised by Councilmember Van Hollebeke, City Attorney Scott Snyder advised
the valuation of the'right -of -way was determined to be $11,250 and 50% was the $5,625. He explained
Edmonds City Council Approved Minutes
December 14, 1999
Page 5
the full value was $11,250; half of that value was determined by the appraiser as the appropriate amount
for the school district because the City is limited to receiving half the value unless the City acquired
property via a condemnation or acquisition procedure. He explained the City requires most of its rights -
of -way via donation or dedication in the subdivision process.
Mr. Bullock said he discussed this with the school district representative Bret Carlstad who was
supportive of this recommendation and hoped this could be resolved soon.
City Attorney Scott Snyder advised if the school district representative agreed, the public hearing could
be waived and the process moved forward. Otherwise, a date for a public hearing would need to be set
after the first of the year to place the peer review report into the record.
Edward Peters, Director of Capital Projects, Edmonds School District, consented to waiving the
public hearing.
Councilmember Earling pointed out he disagreed with the information in the first appraisal report but he
found this information much more satisfying.
COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, TO
APPROVE THE RECOMMENDED ACTION, TO DETERMINE THE RIGHT -OF -WAY TO BE
VACATED IS WORTH $11,250, 50% OF THE VALUE OF ONE RAW LOT, ACCORDING TO
THE APPRAISAL REVIEW PRODUCED BY MR. DODGE OF MACAULAY & ASSOCIATES
LTD AND DIRECT THE CITY ATTORNEY TO PREPARE A RESOLUTION OF "INTENT TO
VACATE" THE PORTION OF THE 216r" STREET SOUTHWEST RIGHT- OF-WAY
SURROUNDED BY SCHOOL DISTRICT PROPERTY. PURSUANT TO ECDC SECTION
20.70.140, THE APPLICANT MUST PROVIDE PAYMENT OF $5,625 (ONE-HALF THE FAIR
MARKET VALUE) WITHIN 90 DAYS OF THE ADOPTION OF SAID RESOLUTION,
OTHERWISE THE VACATION APPROVAL SHALL BECOME NULL AND VOID. MOTION
CARRIED.
ccessory 6. DISCUSSION ON ACCESSORY DWELLING UNITS
Dwelling
Units Planning Manager Rob Chave explained this is a continued discussion following up on the discussion at
the November 1 Council meeting when several questions /concerns arose. In response:, staff located a
definition regarding owner occupancy (taken from Bellevue's regulations), "owner occupancy means a
property owner, as reflected in title records, makes his or her legal residence at the site, as evidenced by
voter registration, vehicle registration, or similar means, and actually resides at the site more than six
months out of any given year, and at no time receives rent for the owner - occupied unit."
Staff also reviewed accessory dwelling unit (ADU) regulations in other cities (Lynnwood, Mountlake
Terrace, Kirkland, Redmond, Bellevue, and Seattle), comparing whether attached units are allowed,
whether detached units are allowed, whether a public hearing is required in the approval process, whether
any notice is required to be given, whether there are any floor area requirements, whether owner
occupancy is a requirement, and whether there is a limitation on density. Mr. Chave said all cities whose
regulations were researched allow attached ADUs and some cities allowed detached ADUs and some did
not.
Mr. Chave said the Planning Board's discussion reflects differing opinions regarding detached ADUs. In
nearly all cities, a public hearing is not required, due in part because most do not allow detached ADUs.
He advised notice requirements in other cities vary; the City's proposal is to provide notice but not
Edmonds City Council Approved Minutes
December 14, 1999
Page 6
require a public hearing for attached ADUs. Floor area requirements also vary by jurisdiction. All cities
had owner occupancy requirements and limitations, on density varied. Staff's recommendation regarding
density is to limit occupancy to one family with the exception of a caregiver.
City Attorney Scott Snyder advised although Mountlake Terrace and Redmond do not have density
requirements, the Uniform Housing Code requires 200 square feet per person. Regarding actions the
City has taken to address redevelopment and density, Mr. Chave explained the City has taken a number
of actions to address growth and development issues since the adoption of the GMA to enable the City to
accept its share of development including lifting density caps on multifamily development to encourage
redevelopment downtown, code amendments to make it easier to do single family development when
there are constraints such as lot size and streamlining the permit process particularly lot line adjustments
and short subdivisions.
Mr. Chave presented two options for Council consideration, 1) direct staff to complete the draft
ordinance incorporating the definition of owner occupancy and bring it back on the Council Consent
Agenda. This would keep intact the proposal from ,the Planning Board, 2) direct staff to complete the
draft ordinance, incorporating the definition of owner occupancy, deleting the language allowing
detached ADUs, and bring it back for Consent Agenda approval. He explained the second option would
allow staff to determine how the ADU regulations are working and bring back a proposal for detached
ADUs at a future date for consideration.
Councilmember Van Hollebeke thanked staff for the comparison of other cities' ADU regulations and
the newspaper articles. For Councilmember Van Hollebeke, Mr. Chave explained the Planning Board's
recommendation was to allow attached and detached ADUs, not require a public hearing for attached
ADUs, and require a Conditional Use Permit for detached ADUs which includes a public hearing and
notice.
Councilmember. Van Hollebeke agreed with the proposal to allow attached as well as detached ADUs.
Responding to further questions, Mr. Chave explained a public hearing was recommended for a detached
ADU due to concern that detached units could vary widely. He explained the conversion of an existing
garage would be a minor intrusion on neighbors and would be a significantly different situation than
construction of a large detached ADU. He said a CUP would consider buffers, noise, etc. and allow the
approval to be conditioned to ensure it is compatible with the neighborhood.
Councilmember Van Hollebeke 'pointed out the recommendation was not to have a public hearing for
attached ADUs, and that the Planning Board recommended notice be provided for either an attached or
detached ADU. Mr. Chave said the intent was to keep neighbors informed and although the attached
ADU was a fairly straightforward approval process, the Planning. Board felt it was important that
neighbors were aware the ADU was a legal unit and had been legally approved by the City.
Councilmember Van Hollebeke referred to floor area required and asked how the 800 square foot
recommendation was determined. Mr. Chave said the square footage requirement 'arose during
discussion that an ADU should be a secondary use of the property. This supports the concept of it being
one family residing on the property. The Planning Board was very concerned with creating duplexes and
wanted to ensure the design criteria, density, square footage, etc. did not . result in duplexes.
Councilmember Van Hollebeke observed the stringent owner- occupancy requirement would eliminate
the fear of a typical rental duplex. Mr. Chave agreed the intent was to have the ADU be an unobtrusive
secondary use of the property and not multiplying the density. Councilmember Van Hollebeke pointed
Edmonds City Council Approved Minutes
December 14, 1999
Page 7
out the recommendation regarding density was one family, utilizing the definition of family in the code.
Mr. Chave agreed, noting the exception for a caregiver.
Councilmember Van Hollebeke said he felt strongly about this issue and asked if staff was aware how
many units currently exist that may not be in compliance because they were established without permits.
Mr. Chave answered it was nearly impossible to determine the number' but it is believed there are many.
Councilmember Van Hollebeke commented that a number of houses built in Edmonds in the mid -60's
were large and now only one or two residents may still reside there who may wish to remain in the
community. ADUs provide an opportunity for elderly residents to remain in their large homes and also
provide an opportunity for some more affordable housing. He noted the primary resident may opt to live
in the ADU. He pointed out the ADU would have no adverse impact on the neighborhood as long as the
recommendations are complied with such as adequate parking and it met building code requirements.
Councilmember Van Hollebeke hoped there would not be a limit on the floor space and the use limited to
one family to allow the owner of the property to determine how much of the space to rent out. He
appreciated the need for public notice and a public hearing for a detached unit. He recommended both
attached and detached ADUs be allowed and a public hearing required only for detached ADUs.
Mr. Chave advised the proposed ordinance did not differentiate where the owner must live; the owner
could live in the rental space (ADU) or the owner could live in the main, larger space. Councilmember
Van Hollebeke. suggested an amnesty period of 6- months (or other appropriate time period) be
established when residents could be publicly notified (i.e. via utility bills) that if they apply for an ADU
within that period of time, they would not be subject to fine but would be required to comply with the
ADU regulations such as off - street parking, etc. After that period, a resident would be subject to a fine if
it was determined an illegal ADU existed. He explained the City's biggest concern, is safety of its
residents and this amnesty period would allow the City to ensure ADUs met the code requirements.
Councilmember Van Hollebeke further pointed out this is a solution for residents who have indicated to
the Council they can no longer afford to live in the City but want to remain in the community and
possibly give a young family a stepping stone to joining the community.
Mayor Fahey said when this issue was considered previously by the Council, further information was
requested. She recalled the ordinance indicated once an ADU was established, it would be permanently
established and would be transferred with the property if the property were sold. Mr. Chave agreed.
Mayor Fahey clarified that previously, ADUs were required to be terminated upon sale of a property and
a two -year waiting period followed before the ADU could be re- established.
Councilmember White questioned the size of an ADU as specified in Paragraph C of Section 20.21.030
and asked if the intent was to limit ADUs to a maximum of 800 square feet. Mr. Snyder explained the
discussion at the Planning Board indicated there should. be discretion to go up to 50% of the principle
dwelling without a size limitation. Mr. Chave advised the discussion included the situation of a split -
level home where it may be impractical to meet the 800 square foot requirement. This would allow the
Planning Manager to make a determination regarding the size.
Councilmember White asked why the 800 square foot maximum was established. Mr. Chave answered
the Planning Board felt in most instances the ADU should be subordinate to the square footage to the
primary dwelling unit, an accessory to the dwelling. 800 square feet was selected, as it vas similar to the
size of a studio apartment, a fairly small unit. 800 square feet was also a number that appeared in other
Edmonds City Council Approved Minutes
December 14, 1999
Page 8
City's ordinances., Mr. Snyder advised there has been spirited discussion regarding the . definition of
subordinate in recent hearings and the Planning Board preferred to establish a numerical maximum.
Councilmember White asked if an ADU could be 1,000 square feet if the primary dwelling unit was
2,000 or if it was limited to a maximum of 800 square feet. Mr. Chave answered in general it would be
limited to 800 square feet and would require a fairly unique situation for the Planning Manager to allow a
larger ADU such as a 2,000 square foot split -level home where it would be impractical to remodel the
structure to 1,200/800 square feet. Councilmember White asked if an ADU in a 1,000 square foot home
would be limited to 400 square feet under the 40% criteria. Mr. Chave answered yes. Mr. Snyder
reminded the ordinance did not indicate in which unit the owner would reside.
Councilmember White asked if an ADU could be constructed to be larger than the primary dwelling unit
so long as it met zoning requirements. Mr. Snyder said the primary dwelling would always be larger, the
ADU would always be smaller but the owner could live in whichever unit they chose. Councilmember
White asked if the primary dwelling was defined by where the owner lived. Mr. Snyder said the owner
may choose, at various times, to live in the larger or smaller ADU.
Councilmember White said his concern was if an ADU could be twice the size of the primary dwelling,
yet only one off - street parking space was required. He said it may be preferable to create a parking
requirement that is appropriate to the ADU being constructed. He said the assumption when requiring
one off - street parking space was that the ADU would be a smaller unit but clearly that is not necessarily
true. Mr. Chave said the current code only requires one parking space for a single - family' home,
therefore, one parking space for the single - family home and one for the ADU is a total of two. He said
Code Enforcement would prefer the code be revised to require three parking spaces for a single - family
home. Mr. Chave said parking requirements will be considered next year and he expected the
requirement for single - family would increase as one space was likely too low. He said an option would
be to require a total of three parking spaces be required for a single- family home with an ADU. Mr.
Snyder clarified the ADU is always the smaller of the units, as indicated by the location of the entrance
for the ADU. He said the additional parking space is required for the smaller unit. If the Council
increases the parking requirement for all single - family homes, all existing single - family homes would be
grandfathered in. Any increase in parking requirements would only impact new development, a limited
number of dwellings due to infill development.
Councilmember Van Hollebeke shared the concern regarding parking. He suggested if there was no
restriction on square footage, an option would be to require two additional parking spaces if the ADU
was more than 800 square feet. Mr. Snyder said an option would be to add "in no event less than three
spaces per lot" to Section E of 20.21.03-0 — Parking. He said there are likely residences in the City with
no off - street parking that are grandfathered. The addition of an ADU would result in only one off - street
parking space for the entire structure. He said the time to address non - conforming situations is when a
request is being made.
Councilmember Plunkett said he was not convinced that the parking issue needed to be addressed now.
He suggested one of the two options be approved and the parking issue addressed when staff considered
parking requirements in the near future. Mr. Chave said there likely would not be a lot of ADU
applications in a single year. Mr. Snyder said most residences in the City are grandfathered and few new
homes will be built with attached ADUs. If the Council established a 6 -month amnesty period, that
would be the period when most applications would be submitted and the most ADUs created, and would
be the same period when parking requirements are being considered but are not in place. If the City
Edmonds City Council Approved Minutes
December 14, 1999
Page 9
wanted to get the maximum amount of parking, regardless of further. changes in parking requirements in
the Zoning Code, it would be appropriate to establish parking requirements for ADUs now. Mr. Chave
said the difficulty for property owners to meet the parking requirement could also be gauged during that
time.
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
PLUNKETT, TO EXTEND DISCUSSION . OF THIS ITEM FOR 10 MINUTES. MOTION
CARRIED.
Councilmember Earling said he would support option 2 (direct staff to complete the draft ordinance,
incorporating the definition of owner occupancy, deleting the language allowing detached ADUs). He
recalled when this issue was originally discussed, it was very controversial. In the intervening years, the
City has reached a point where it is appropriate to consider this as an opportunity to provide some more
affordable housing and allow residents some income from an ADU. He did not support detached ADUs
and preferred to reconsider detached ADUs in the future after determining how allowing attached ADUs
has worked. He agreed parking should be addressed now if the intent was to increase parking. He
supported Mr. Snyder's suggestion for requiring not less than three off - street spaces per lot if an ADU
was established. He supported the concept of an amnesty period and suggested staff return in January
with a. proposal for an amnesty program including a penalty. Mr. Snyder observed staff's
recommendation was to place the recommended policies in an ordinance and return them to the Council.
He said the amnesty provision was procedural and could be attached to the ordinance. If any substantive
issues were added such as parking requirements, a public hearing would be required.
Councilmember White said his deliberation on the ordinance has been on its technical points. He said
the ordinance was favorable to the City and he was inclined to support option 1 (direct staff to complete
the draft ordinance incorporating the definition of owner occupancy). He supported allowing detached
ADUs due to the importance of providing an opportunity for independence and autonomy for parents of
the residents of the primary dwelling unit who may reside in those units. He acknowledged although the
possibility of detached ADU becoming a rental for the resident in the primary dwelling could be a
negative situation, that issue was over - ridden by the opportunity to provide independence and autonomy
for parents of the residents of the primary dwelling.
Councilmember Van Hollebeke said he also supported option 1 (allowing. detached ADUs), noting the
City's evolution has made this need more evident for a lot of citizens. He described a detached and
attached ADU in his neighborhood, noting the only impact for the detached ADU (in which the kitchen
facilities were removed upon the City's request) was vehicular. The attached ADU, rental of the lower
level of a split level, has no impact on the neighborhood as there is adequate off - street parking. He
supported option 1 with Mr. Snyder's recommendation for three off - street parking spaces for an attached
or detached ADU.
Council President Miller echoed Councilmember Earling's comments and agreed the first step in this
direction needed to be taken in a deliberative and careful manner. He shared the concerns expressed.
regarding parking and expressed concern with allowing detached ADUs, recalling a situation reviewed
by the Council earlier this year where the footprint of the addition was larger than the primary dwelling
but due to code nuances regarding firewalls, hobby rooms, and garages, the Council could only consider
the ADU portion. He said the applicants in that instance did not meet the spirit of the Code. He.
supported option 2 at this time.
Edmonds City Council Approved Minutes
December 14, 1999
Page 10
COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO
APPROVE OPTION 2, TO DIRECT STAFF TO COMPLETE THE DRAFT ORDINANCE
INCORPORATING THE DEFINITION OF OWNER OCCUPANCY, DELETING THE
LANGUAGE ALLOWING DETACHED ADUs, AND BRINGING BACK THE ORDINANCE FOR
PUBLIC HEARING WITH SOME AMENDED LANGUAGE TO INCLUDE A MINIMUM OF
THREE PARKING PLACES PER PROPERTY, AND THAT A SEPARATE ATTACHMENT BE
DEVELOPED BY STAFF AND THE CITY ATTORNEY TO INDICATE AN AMNESTY PERIOD
AND RECOMMENDED PENALTY AT THE END OF THE AMNESTY PERIOD.
Councilmember Plunkett said parking could be worked out. He pointed out the existing regulations
require a 2 -year waiting period and a public hearing, a process that places the City out of conformity
with GMA. Adoption of option 1 would be a considerable improvement to the existing regulations. He
said allowing an attached ADU would meet the goals of the Comprehensive Plan, GMA, other actions
the Council has taken, goals of the 1993 State Housing Act, and would provide more affordable housing
in the City.
Councilmember Haakenson also, preferred to move ahead cautiously and approve only attached ADUs at
this time. He hoped staff would provide a report at whatever interval staff and the Planning Board felt
was appropriate to evaluate how the regulations are working. He referred to the statement in the Council
packet from staff, "Edmonds' options for density and redevelopment are limited in many ways, due to
such factors as the City's extremely limited vacant land supply, relatively high property values, and
single family residential character. ADUs provide one of the few opportunities to encourage infill and
residential density compatible with these constraints."
MOTION CARRIED, COUNCILMEMBER WHITE OPPOSED.
roposed 6A. MEETING WITH PROPONENTS OF THE PROPOSED `°SUNDQUIST" ANNEXATION AND
Sundquist CONSIDERATION OF A PROPOSED RESOLUTION TO AUTHORIZE THE CIRCULATION OF
vexation FORMAL ANNEXATION PETITIONS. (Proponent: Eric Sundquist / File No. AX -98 -101)
There was no one representing the Sundquist annexation in the audience.
COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER PLUNKETT,
TO TABLE THE SUNDQUIST ANNEXATION TO A FUTURE DATE. MOTION CARRIED.
City 7. ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER
Attorney
Annual
Report City Attorney Scott Snyder reported this is the sixteenth year he has served as the City Attorney, a
relationship for which he was grateful; he has learned a lot and enjoys the opportunity to serve the City.
Regarding Meadowdale, he reported improvements were approved, and sanitary sewer as well as some
-adjacent new watering lines to provide stability to the sewer were installed. He said one of his first
actions for the City was participating in that LID hearing. He said over the past years, several themes
continue to develop. Now that that area is becoming more fully developed, for the first time conflicts
between developers of new properties and developers of even newer properties have arisen which
invariably the City gets drawn into. In this regard, he said there is a conflict between two City policies
that the Council will address next year — the Critical Areas Ordinance requires preservation of wetlands.
Requiring the preservation of wetlands in a landslide mass where engineering data shows the lots should
be dewatered for safety is a conflict that must be resolved. Fortunately the 1996/1997 slide cases are
slowly resolving; however, slides occur on a 5 -year basis and the next group of slides will likely occur in
the near future. Mr. Snyder said the oddity is the City installed drainage lines to add stability to sanitary
Edmonds City Council Approved Minutes
December 14, 1999
Page I I
sewers being installed at homeowners' requests. The City has now somehow become the guarantor of
the safety and stability of that landslide. He said this is an issue the Council will continue to address in
the coming 3 -4 years.
Mr. Snyder reviewed how I -695 would impact the City's legal budget and dilemmas the City would need
to address. He said the message I -695 sends is a desire to limit government spending and programs, at .
the same time when many of the same citizens are requesting additional funding for other projects. He
said the demand on the Council as legislators to approve local improvements continues at the same time
people voted their dissatisfaction thereby limiting the Council's ability to grant their requests. He
observed the Council had an interesting dilemma next year because as a group they were fiscally
conservative and at the same time are attuned to preserving Edmonds' community and the character of
neighborhoods. This will require the Council to consider the riskibenefit analysis such as arose with the
limited options in the Woodway Meadows situation. He clarified the Council must always determine the
balance between the needs /protection of individual properties and neighborhoods with who bears the
costs. He said his role is to clearly advise the Council of the risks and costs and stay out of policy
making.
Mr. Snyder said legal costs are difficult to budget. He pointed out the City's 1999 budget for
miscellaneous legal costs, the fund used to defend lawsuits was nearly $120,000 but the City will expend
approximately $149,000. He described the City's largest single legal expenditure this year, the series of
lawsuits initiated by a property owner against the City regarding the metal fence across a right -of -way
across from a property owner's home. The property owner fought the matter before the Hearing
Examiner, the City Council, appealed to the Shoreline Management Board, appealed to Thurston County
Superior Court, and appealed to the Court of Appeals for the State of Washington. The total to defend
those lawsuits was approximately $50,000 over a 16 -month period. He said this shows when public
policy is involved, the Council cannot afford to be bullied and the City's ordinances need to be enforced.
He said the $50,000 was an expenditure the Council had no decision in making, the City was required to
defend the lawsuits filed by a private landowner. The City has also expended $9,000 in regard to an
individual who blames the Police Department, Municipal Court Judge, the State and Federal
Constitutions rather than the consequences of his own behavior. In each case the lawsuits have been
successfully defended but it costs money, an expenditure that does not get streets paved or preserve the
safety of the City but are lawsuits the City must defend to ensure the Council's decisions are carried out.
Mayor Fahey expressed her appreciation for the services Mr. Snyder provides.
Year 2000 g, PRESENTATION ON CITYWIDE YEAR 2000 PREPARATION EFFORTS
Preparation
Efforts
Administrative Services Director Peggy Hetzler explained the City's mission critical information
systems including hardware and software are fairly recent technology and have been the focus of study
by staff for several years. To date, upgrades from primary software vendors have been installed to
accommodate Y2K, and written confirmation has been received from these vendors of the systems'
compliance. In addition to these assurances, the City's Information Technology (IT) Manager has also
performed tests on personal computers, system servers, routers that control telephone connections and
internet connections to ensure these systems will be operational when 2000 dates are entered. The IT
Manager has also completed significant testing on the City's financial systems.
Ms. Hetzler explained in Public Works, the most critical equipment utilizing electronic technology
include traffic signal controllers, water supply monitoring systems, and waste water pump stations. The
City's Staff Electrician has verified signal controllers as well as the traffic signal interconnect system
Edmonds City Council Approved Minutes
December 14, 1999
Page 12
that coordinates signal timing on .Hwy. 99 are not date dependent and should not be impacted by 2000.
Testing efforts on the newly installed water and sewer utility monitoring system demonstrated the system
would continue to provide uninterrupted monitoring into 2000. The Treatment Plant tested its back -up
power supply system during October. The auxiliary generator and the automatic transfer switch were
both tested to simulate the loss of electricity. Both systems functioned properly, confirming the Plant's
Y2K readiness in the event of a power loss from the utility company. The Treatment Plant has also
developed a contingency plan to deal with any unanticipated results of Y2K. A detailed plan is included
in the Council packet. She explained the plans include maintaining an adequate inventory of supplies,
scheduling additional staff to monitor the plant and the pump stations, and providing detailed procedures
for employees to follow in the event of equipment failure.
Ms. Hetzler explained the Police Department has extensively evaluated its communication and
transportation systems and Chief Hickok is confident no major problems will arise. The Police
Department plans to double its staffing for December 31, 1999 and January 1, 2000 to 11 officers. One
traffic unit will be assigned specifically for DUIs. Snohomish County, Lynnwood and Mountlake
Terrace will also be highly staffed. The S.W.A.T. and alert teams will be on standby status. Fire
Department operations will be conducted as normally as conditions allow. If problems escalate, the
Emergency Services Coordinating Agency (ESCA) will upgrade from a standby role to organizational
activation. Requests for emergency and non - emergency assistance will be prioritized with threat to life
receiving priority over property loss. Automatic and mutual aid will be requested. Support resources
will be coordinated through ESCA and the City's own Emergency Operations Center (EOC). She
advised the Council packet contains a detailed outline of the contingency plans for the Fire Department.
Ms. Hetzler explained Fire TAC is an organization that consists of area fire chiefs, Medic 7 and
SnoCom. This organization meets monthly to discuss items of mutual interest and coordinates planning
for Y2K. Medic 7 plans to add one additional paramedic unit to the two normally on duty. SnoCom will
staff nine additional personnel. Lynnwood will include one additional aid unit and open the City's EOC.
Mountlake Terrace also plans to activate its EOC. Fire District 1 will have two additional aid units and
one additional paramedic unit. SnoCom, the organization that provides centralized dispatching for South
Snohomish County, has confirmed .Y2K compliance for 98% of its hardware and software systems.
SnoCom plans to have additional operator work - stations installed and SnoCom technicians will be in
attendance on December 31. Each police jurisdiction will have a dedicated call -taker and two operators
will staff the fire dispatch. Back -up operators will be available at an alternative location for radio
dispatch in the event of unforeseen problems.
Mayor Fahey thanked Ms. Hetzler and staff for the excellent job they have done in addressing this issue
over the past 18 months. Mayor Fahey advised the City has an excellent track record of mobilizing its
EOC very rapidly in the event it is needed and has been opened on numerous occasions over the past four
years in response to other emergency situations. Therefore, the City felt there was no reason to open and
operate the EOC if it is not warranted or needed. The EOC, located at Public Works, can be operational
within a few minutes and is actually a back -up center for performing operations that cannot be performed
at other locations. She reminded citizens of the need to be prepared to provide for themselves in any
emergency situation for 72 hours.
Council President Miller said he requested staff provide a monthly report on the preparations for 2000
preparation efforts. He thanked Ms. Hetzler for the information provided over the past few months
regarding Y2K preparedness. He said although he was aware staff was preparing, he was not certain the
Council was receiving enough detail and he wanted the community to know that Y2K preparations have
been made.
Edmonds City Council Approved Minutes
December 14, 1999
Page 13
wwTP 9. REPORT ON RESOLUTION OF INCINERATOR CORROSION AND SETTLEMENT WITH
Incinerator INCINERATOR MANUFACTURERS
Mayor Fahey recalled this issue arose while she was a Councilmember and was perceived to be a major
problem. Although the original expectation was it could be very costly to the City, due to a great deal of
effort by City Engineer Jim Walker and Wastewater Treatment Plant Manager Steve Koho, there has
been an excellent resolution to this issue. She said the City's Wastewater Treatment Plant is one of the
finest facilities in the nation and this is another example of the fine service the Treatment Plant provides.
City Engineer Jim Walker explained the incinerator was placed in service in 1990. In 1994, corrosion
failures were discovered in the incinerator. This type of incinerator should last 20 -25 years. The initial
evaluation by the design engineers who designed the plant and their team of consultants determined the
entire upper part of the incinerator would have to be removed and replaced. To ensure this was correct, a
value engineer was hired to analyze the problem, who determined the original incinerator at the plant had
never failed but was not heavily insulated within the refractory brick so the steel on the outside of the
incinerator was very hot. Manufacturers had begun to install more refractory brick, causing the shell to
cool, which caused gases within the incinerator to condense on the shell, causing corrosion of the steel.
Since that time, a protective coating has been placed on the inside of the steel to prevent the acid from
damaging the steel. Unfortunately that was not an option in this instance as the entire refractory would
have had to be removed to coat the inside, a considerable expense, nearly as much as the first
consultant's recommendation. The value engineer, along with Treatment Plant staff developed another
approach by heating the shell back up by placing insulation on the outside so that the acid would not
condense on the shell.
Treatment Plant Manager Steve Koho explained the value engineer's opinion of the problem was
contrary to the first consultants was good input. Staff conferred with another Treatment Plant in
Connecticut and their experience validated what the value engineer recommended — if the outside shell is
warmed, the corrosion is stopped. The plant in Connecticut had done this and had seen no further
corrosion.
A decision was made to insulate the entire outside of the incinerator. Treatment Plant staff felt a
contractor's estimate for the work was excessive and offered to do the work themselves at a considerable
cost savings to the City. Staff installed the insulation as well as an additional layer of aluminum to
protect the insulation. A year later during a routine maintenance shut down of the incinerator, the
insulation was removed in areas where corrosion had been concentrated. An outside firm tested the
thickness of the steel and found there had been no corrosion. Since the original damage in 1994, staff
had not gone a year without the steel rust through and requiring welding of large patches. He said not
only did the corrosion stop, maintenance was reduced, and safety improved. The City then reached a
reasonable settlement with the manufacturer that covered the cost of the insulation and other repairs. He
summarized staff feels the incinerator is strong and should last another 20 years. The incinerator is fully
functional and the cost has been recouped.
Mr. Koho complimented the outstanding Wastewater Treatment Plant staff.
MEBT Plan 1 10. APPROVAL OF FOURTH AMENDMENT TO CITY OF EDMONDS MUNICIPAL EMPLOYEES
endment BENEFIT TRUST (MEBT) PLAN
Human Resources Manager Brent Hunter advised the MEBT Plan is an employee retirement benefit that
is provided to employees in lieu of Social Security. This is a retirement trust with eight other member
Edmonds City Council Approved Minutes
December I4, 1999
Page 14
cities although each city has its -.own plan document and committee, but share legal resources,
accounting, investment and trust services with other member cities. The benefit committee, comprised
of employees, administers and recommends changes to the plan. When a change is recommended, it is
presented in the form of an amendment. He said during the past year, the employee committee has
reviewed several changes that will be presented to the Council early next year. At this time, two changes
need to be implemented before the first of the year. These changes were made at the request of Bellevue,
who wished to change from a quarterly valuation to a monthly. valuation. This will result in all expenses
and income being accounted for and distributed to employees on a monthly basis rather than on a
quarterly basis. In the past, an employee leaving the City's employ on January 15 would have to wait
until after March 31 before all funds were accounted for and funds could be distributed to the employee.
This will shorten the time frame from a quarterly basis to a monthly basis. Further, money market
interest will be applied to moneys from the time the employee retires until it is distributed. He said these
changes would go into affect January 1 for all member cities. He requested the Council's approval on
the fourth amendment to the MEBT Plan.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING,
FOR APPROVAL OF THE FOURTH AMENDMENT TO THE CITY OF EDMONDS' MEBT
PLAN. MOTION CARRIED.
Student Rep. 11. PRESENTATION OF PLAQUE AND RESOLUTION TO STUDENT . REPRESENTATIVE
Christie Lee CHRISTIE LEE
Council President Miller read and presented Resolution No. 968 commending Ms. Lee for her service as
Student Member of the Edmonds City Council from July — December, 1999, and presented her with a
plaque recognizing her service as Student Representative.
Ms. Lee said via the Council's discussions of numerous issues during the past six months such as City
Park, the replacement of the gazebo, and animal control regulations, she learned a great deal. She also
learned many of the great aspects of the City are the result of Councilmembers' thoughtful consideration
of citizens, hours of work from staff members, and citizens' love for the City. She thanked the Council
for the opportunity to serve as the Student Representative and said she will show her appreciation as an
adult citizen by following in the Council's steps to improve the City.
Mayor Fahey thanked Ms. Lee for her participation as Student Representative.
ouncil 12. PRESENTATION OF PLAQUE AND RESOLUTION TO COUNCIL PRESIDENT THOMAS A
Pres. Miller MILLER
Councilmember Haakenson read and presented Resolution No. 971 to Council President Miller thanking
him for his service to the City Council as Council President and presented him with a plaque in
appreciation of his service as Council President.
Council President Miller thanked the Council, noting the items listed in the resolution were
accomplished by the Council as a whole.
13. PRESENTATIONS TO MAYOR BARBARA FAHEY, COUNCILMEMBER JOHN NORDQUIST
AND COUNCILMEMBER DICK VAN HOLLEBEKE
I luncilman Council President Miller read and presented Resolution No. 969 to Councilmember Van Hollebeke in
k van recognition of his service on the Council from January 1996 — December 1999 and presented him with a
lebeke plaque in appreciation of his service. The resolution highlighted his commitment to enhancing
Edmonds City Council Approved Minutes
December 14, 1999
Page 15
community development and business interest vis -a -vis the Edmonds Alliance for Economic
Development. In addition, Mr. Van Hollebeke always demonstrated thoughtful and caring interest for
the staff.
Councilmember Van Hollebeke said he considered it a tremendous honor and privilege to have served
the people of Edmonds for the past four years. He expressed his respect and appreciation for his fellow
Councilmembers. He said as he contemplated this moment, the image of dropping a pebble in a pond
occurred to him. When a pebble is dropped, the rings radiate out fleetingly. The only other impact of
dropping the pebble is the water level rises infinitesimally higher. He hoped over the past four years,
although the radiating rings have vanished, some infinitesimally rising of the standard has been achieved.
He expressed his appreciation for the assistance of the Council and the citizens.
ouncilman Council President Miller next read and presented Resolution No. 970 commending Councilmember
° Nordquist for his 32 ears of service on the Council and resented a plaque in appreciation of his service
ord uist q. y p p q pp
on the Council. The resolution highlighted his faithfulness to the City through 32 years, and his constant
advocacy for small businesses in Edmonds. Mr. Nordquist represented the City's interest in the Sister
City Commission, traveling to Hekinan, Japan. He was also influential in the development and
construction of the Treatment Plant and Public Works facilities. His knowledge of 32 years as a
Councilmember will be irreplaceable and greatly missed.
Councilmember Nordquist said the two things he leaves as a remembrance to the City are the Student
Representative Program and the new library. He said Edmonds has been good to him, his children, and
his grandchildren and he has enjoyed ' serving the City. He said although he was born and raised in
Chicago, Edmonds has been his second home.
Mayor Council President Miller then read and presented a Resolution to Mayor Fahey in recognition and
Barbara appreciation of her service to the City, and also presented her with a plaque. The resolution highlighted
Fahey
Mayor Fahey's political leadership over the past four years, listing many national, statewide, regional
and local committees and boards that she served. Mayor Fahey fostered international relations through
the Hekinan Sister City program. She has been dedicated as a strong advocate for acquisition and
development of parks. - Mayor Fahey was instrumental in forging a countywide partnership to implement
the new 800 Megahertz radio system, and helped lead the public safety bond effort to construct a new
public safety complex. Under her guidance, the City developed and implemented the Comprehensive,
Human Resources Plan, Total Quality Management, and the self - insured employee health benefit plan.
In addition, Mayor Fahey initiated zero -based budgeting during her term.
Mayor Fahey said it seemed like yesterday when she took the Oath of Office and it has been a wonderful
four years. She said it has meant a great deal to serve as Mayor. She observed transitions are hard and
even when a decision is made to enter into that transition, there is a sense of joy as well as a sense of
loss. She will miss everything about being Mayor, particularly working with the staff who are some of
the finest people she has ever met. She thoroughly enjoyed every experience associated with being
Mayor, most of all the opportunity to get to know so many fine people in the community who
consistently volunteer to make the community a better place. She said anything she has done has only
been accomplished because there were people to support her, to encourage her, to make things happen,
both staff and-citizens. She expressed her appreciation for all the support given her during the past four
years, particularly the support of her husband and children. She expressed her appreciation for the
accomplishments recognized in the resolution. She said her legacy is the Great Room, which was
originally planned by the Space Planners to be the Mayor's office. This space was developed into a
Edmonds City Council Approved Minutes
December 14, 1999
Page 16
meeting room to serve the City as well .as the community. She said her greatest regret is that the Public
Safety facilities are not completed and occupied. The facility will be dedicated at month -end.
Mayor Fahey thanked the citizens for their support and for giving her the opportunity to serve as the
City's Mayor for the past four years. She thanked citizens who have sent messages of farewell. She
wished retiring Councilmembers well in their retirement, newly elected Councilmembers good luck as
they assume their new responsibilities, and good luck and happiness to newly elected Mayor Gary
Haakenson. She indicated she would be available to support him and hoped everything she had done to
ensure a smooth transition would be beneficial to him and to staff. She looked forward to working with
the Mayor and the City in many capacities in the future.
Joan Longstaff, on behalf of the business community and citizens of Edmonds, presented flowers to
Mayor Fahey and Councilmembers Nordquist and Van Hollebeke.
Police Chief Hickok was asked to come to'the podium. He stated that a presentation would be made to
Mayor Fahey on December 29. He said he has never had a better boss than Mayor Fahey and he would
miss her greatly.
Chief Hickok then presented a plaque to Councilmember Van Hollebeke in appreciation of his hard work
and effort in support of the Edmonds Police Department. Chief Hickok 'next presented a plaque to
Councilmember Nordquist in appreciation of his dedication and support of Edmonds Police Department
for 1/3 century.
14. MAYOR'S REPORT
ublic Mayor Fahey invited the public to attend the tour of the Public Safety Building and dedication on
afety Bldg.
Dedication December 29, 1999.
15. COUNCIL REPORTS
Council President Miller said it has been a pleasure serving with Mayor Fahey this year.
Councilmember Plunkett recalled in 1974, he was voting for the first time and his mother told him if the
names Nordquist or Nelson were on the ballot, he should vote for them. He observed it was a thrill and
an honor to sit on the same Council with Councilmember Nordquist 30 years later.
Councilmember Earling said while he looked forward to new direction and new ideas, the public may not
always understand the amount of time,. energy and devotion elected officials put in because they care
about the community. He thanked Councilmember Van Hollebeke, Councilmember Nordquist, and
Mayor Fahey for their efforts.
Councilmember Nordquist commented on the camaraderie on the Council and friendships he has
developed over the years. He thanked Edmonds citizens who elected him over the years and wished the
best of luck to Mayor -elect Haakenson and his replacement on the Council.
Councilmember Van Hollebeke thanked his wife Monda for her support.
Councilmember. Haakenson expressed his appreciation to Councilmember Van Hollebeke for the
character he has brought to the Council and the passion with which he has considered each issue.
Edmonds City Council Approved Minutes
December 14, 1999
Page 17
Councilmember Haakenson thanked Councilmember Nordquist for the incredible history and knowledge
he brought to the Council, which likely will not be seen on the Council again.
Councilmember Haakenson observed there was little that could be added to the accomplishments listed
in the Resolution commending Mayor Fahey. He thanked Mayor Fahey, on behalf of staff, the citizens,
and himself for the transition she provided him as incoming Mayor, inviting him into every process and
every meeting over the past five weeks. He said it was very beneficial for him to serve; as a "Mayor in
training."
Councilmember White offered a faux name change to Councilmember Van Hollebeke to assist him in
changing his name due to the numerous times it has been mispronounced. He advised Councilmember
Van Hollebeke it has been a pleasure serving with him. In an attempt to express to citizens the extent of
Councilmember Nordquist's service, he displayed a photograph of himself as a child, the age he was
when Councilmember Nordquist was elected to the City Council for the first time. He advised
Councilmember Nordquist it has been a pleasure serving with him and he would miss his input and
camaraderie. Councilmember White advised Mayor Fahey it had been a pleasure to serve with her,
commenting he found her to be exceptionally well versed in every matter discussed.
Student Representative Christie Lee thanked the Council for the opportunity to serve as Student
Representative. She thanked her mother, who drives her to Council meetings, and her father, who is in
Korea, for their support.
Mayor Fahey wished Edmonds citizens and the community a Merry Christmas and a Happy New Year.
With no further business, the Council meeting was adjourned at 9:33 p.m., followed by a reception in
honor of Mayor Fahey, Councilmember John Nordquist, and Councilmember Dick Van Hollebeke.
,/GARY AAKENSON; MAYOR `SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
December 14, 1999
Page 18
.. AGENDA
EDMONDS CITY COUNCIL
Plaza. Meeting Room Library Building
650 Main Street
7:00 -10:00 p.m.
DECEMBER 14, 1999
7:00 P.M. - CALL TO ORDER
FLAG SALUTE
APPROVAL OF AGENDA
2. CONSENT AGENDA ITEMS
(A)
ROLL CALL
(B)
APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 7, 1999
(C)
APPROVAL OF CLAIM WARRANTS #35908 THROUGH #37859 FOR THE WEEK OF DECEMBER 6, 1999,
IN THE AMOUNT OF $224,427.51. APPROVAL OF PAYROLL WARRANTS #26977 THROUGH #27012 FOR
FIRE DEPARTMENT 1999 HOLIDAY BUY -BACK IN THE AMOUNT OF $91,428.14.
(D)
APPROVAL OF PETTY CASH EXPENDITURES FOR THE MONTH OF NOVEMBER 1999
(E)
APPROVAL OF 2000 EQUIPMENT RENTAL RATES
(F)
APPROVAL OF POLICE SUPPORT LABOR AGREEMENT
(G)
APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD MEETING HELD ON NOVEMBER 23, 1999 —
APPEAL OF THE HEARING EXAMINER'S DECISION TO APPROVE AN APPLICATION BY OLYMPIC VIEW
DELI FOR A VARIANCE TO ALLOW 3 SIGNS TOTALING 21 SQUARE FEET IN AREA TO BE MOUNTED ON
3 SIDES OF THE EXISTING GAS PUMP ISLAND CANOPY OVER THE MAXIMUM .PERMITTED SIGN
HEIGHT OF 14 FEET. THE SUBJECT PROPERTY IS LOCATED AT 1011 PUGET DRIVE AND IS ZONED
"NEIGHBORHOOD BUSINESS — BN." (Appellant: Roger Hertrich / File No. AP -99 -197 / Applicant:
Olympic View Deli / File No. V -99 -134)
(H) APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD MEETING HELD ON DECEMBER 7, 1999 —
APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY THE APPLICANT'S /APPELLANT'S TWO
VARIANCE REQUESTS FILED UNDER FILE NO. V -99 -164: 1) A VARIANCE TO REDUCE THE REQUIRED
REAR -YARD SETBACK FROM 15 -FEET TO 6 -FEET FOR THE CONSTRUCTION OF A NEW CARPORT
STRUCTURE; AND 2) A VARIANCE TO INCREASE THE MAXIMUM FENCE HEIGHT FROM 6 -FEET TO 7-
FEET ABOVE GRADE TO ALLOW THE CONSTRUCTION OF A TRELLIS ON TOP OF A FENCE.
(Appellant: Douglas Herman /File No. AP -99 -208 / Applicant: Douglas Herman/ File No. V -99 -164)
(1) APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD'MEETING HELD ON DECEMBER 7, 1999 —
APPEAL OF THE ARCHITECTURAL DESIGN BOARD DECISION TO APPROVE AN APPLICATION BY
DOUGLAS SPEE FOR A MIXED -USE BUILDING INCORPORATING COMMERCIAL USES AND PARKING
ON THE FIRST FLOOR AND 18 RESIDENTIAL UNITS ON THE 2ND AND 3RD FLOORS. THE DEVELOPMENT
ALSO INCLUDES AN UNDERGROUND PARKING GARAGE. THE SUBJECT PROPERTY IS LOCATED AT
307 BELL STREET AND 210 3RD AVENUE NORTH AND IS ZONED "COMMUNITY BUSINESS -BC."
(Appellant: James A. Mallonee / File No. AP -99 -201 / Applicant: Douglas Spee / File No. ADB -98 -191)
(J) AUTHORIZATION TO CONTRACT WITH ACCENT DESIGN TO REPLACE WINDOW BLINDS AT THE
FRANCES ANDERSON CENTER FOR $8,759.68, INCLUDING SALES TAX
(K) AUTHORIZATION TO REPLACE EXISTING FACILITY MAINTENANCE STAFF VEHICLE WITH USED
PROGRAM VEHICLE (PURCHASE NOT -TO- EXCEED $15,000), AND DECLARE UNIT #102 SURPLUS
(L) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT BETWEEN THE CITY OF
LYNNWOOD AND THE CITY OF EDMONDS FOR JOINT FUNDING OF THE RECYCLING COORDINATOR
(M) AUTHORIZATION FOR MAYOR TO SIGN RECYCLING GRANT AGREEMENT BETWEEN EDMONDS AND'
WASHINGTON STATE DEPARTMENT OF ECOLOGY
CITY COUNCIL MEETING AGENDA
DECEMBER 14, 1999
Page 2 of 3
(N) AUTHORIZATION FOR MAYOR TO SIGN PERSONAL SERVICES AGREEMENT FOR COUNCIL ASSISTANT
SERVICES WITH JANA SPELLMAN
(0) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENTS FOR JUDGE PRO TEMS KATHLEEN FIELD,
KRISTEN ANDERSON, AND DOUGLAS FAIR
(P) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT FOR PROSECUTOR
SERVICES WITH JEFFREY GOODWIN
(Q) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR LEGAL
REPRESENTATION OF INDIGENT DEFENDANTS WITH JAMES FELDMAN
(R) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT FOR HEARING
EXAMINER SERVICES WITH RONALD McCONNELL
(S) APPROVAL OF 2000 SALARY ORDINANCE FOR NON - REPRESENTED EMPLOYEES
(T) PROPOSED ORDINANCE APPROVING AND CONFIRMING THE FINAL ASSESSMENTS AND
ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 215, THE PERRINVILLE SANITARY
SEWER LID, WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF EXTENDING
SEWER MAINS AND SERVICE TO THE PROPERTY COMMONLY KNOWN AS THE PERRINVILLE
ANNEXATION AREA, AS PROVIDED IN ORDINANCE NO. 3233, AND LEVYING AND ASSESSING THE
COST THEREOF AGAINST THE SEVERAL LOTS, TRACTS AND PARCELS OF LAND SHOWN ON SAID
ROLL
(U) PROPOSED ORDINANCE APPROVING AND CONFIRMING THE FINAL ASSESSMENTS AND
ASSESSMENT ROLL OF LOCAL IMPROVEMENT DISTRICT NO. 216, THE NORTH PERRINVILLE
SANITARY SEWER LID, WHICH HAS BEEN CREATED AND ESTABLISHED FOR THE PURPOSE OF
EXTENDING SEWER MAINS AND SERVICE TO THE PROPERTY COMMONLY KNOWN AS THE NORTH
PERRINVILLE AREA, AS PROVIDED IN ORDINANCE NO. 3243, AND LEVYING AND ASSESSING THE
COST THEREOF AGAINST THE SEVERAL LOTS, TRACTS AND PARCELS OF LAND SHOWN ON SAID
ROLL
(V) PROPOSED RESOLUTION COMMENDING STUDENT REPRESENTATIVE CHRISTIE LEE FOR HER
SERVICE
(W) PROPOSED RESOLUTION COMMENDING COUNCILMEMBER DICK VAN HOLLEBEKE FOR HIS PUBLIC
SERVICE
(X) PROPOSED RESOLUTION COMMENDING COUNCILMEMBER JOHN NORDQUIST FOR HIS PUBLIC
SERVICE
(Y) PROPOSED RESOLUTION COMMENDING MAYOR BARBARA FAHEY FOR HER PUBLIC SERVICE
(Z) PROPOSED RESOLUTION COMMENDING COUNCIL PRESIDENT THOMAS A. MILLER
(AA) PROPOSED RESOLUTION AMENDING RESOLUTION NO. 966 TO CLARIFY COUNCIL'S INTENT TO
DETERMINE SUBSTANTIAL NEED IN ESTABLISHING 2000 EMERGENCY MEDICAL SERVICES (EMS)
LEVY
3. (20 Min.) MEETING WITH PROPONENTS OF THE PROPOSED "SUNDQUIST" ANNEXATION AND CONSIDERATION
OF A PROPOSED RESOLUTION TO AUTHORIZE THE CIRCULATION OF FORMAL ANNEXATION
PETITIONS. (Proponent: Eric Sundquist / File No. AX -98 -101)
4. (5 Min.) PROPOSED ORDINANCE AMENDING THE 1999 BUDGET AS A RESULT OF UNANTICIPATED
TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS
5. (15 Min.) REPORT ON PEER REVIEW OF THE APPRAISAL SUBMITTED BY THE EDMONDS SCHOOL DISTRICT
FOR THE VACATION OF A PORTION OF THE 216TH STREET SOUTHWEST RIGHT -OF -WAY IMMEDIATELY
EAST OF 84TH AVENUE WEST (Edmonds School District / File No. ST- 99 -24)
6. (20 Min.) DISCUSSION ON ACCESSORY DWELLING UNITS
1
CITY COUNCIL MEETING AGENDA
DECEMBER 14, 1999
Page 3 of 3
7. (15 Min.) ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER
8. (10 Min.) PRESENTATION ON CITYWIDE YEAR 2000 PREPARATION EFFORTS
9. (15 Min.) REPORT ON RESOLUTION OF INCINERATOR CORROSION AND SETTLEMENT WITH INCINERATOR
MANUFACTURERS
10. (5 Min.) APPROVAL OF FOURTH AMENDMENT TO CITY OF EDMONDS MUNICIPAL EMPLOYEES BENEFIT
TRUST (MEBT) PLAN
11. (5 Min.) PRESENTATION OF PLAQUE AND RESOLUTION TO STUDENT REPRESENTATIVE CHRISTIE LEE
12. (5 Min.) PRESENTATION OF PLAQUE AND RESOLUTION TO COUNCIL PRESIDENT THOMAS A. MILLER
13. (30 Min.) PRESENTATIONS TO MAYOR BARBARA FAHEY, COUNCILMEMBER JOHN NORDQUIST, AND
COUNCILMEMBER DICK VAN HOLLEBEKE .
14. (5 Min.) MAYOR'S REPORT
15. (15 Min.) COUNCIL REPORTS
RECEPTION IN HONOR OF MAYOR BARBARA FAHEY, COUNCILMEMBER JOHN NORDQUIST, AND
COUNCILMEMBER DICK VAN HOLLEBEKE
The Public is Invited to Attend.
Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advanc
notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 46. Delayed telecast of this meeting appear
the following Wednesday at noon and 7: 00 p.m., as well as, Friday and Monday at noon on Channel 46.