05/19/1987 City CouncilTHESE MINUTES SUBJECT TO
MAY 26, 1987 APPROVAL
EDMONDS CITY COUNCIL MINUTES
MAY 19, 1987
The regular meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry
Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa-
lute.
PRESENT
Larry Naughten, Mayor
John Nordquist
Steve Dwyer
Laura Hall
Jo -Anne Jaech
Bill Kasper
Lloyd Ostrom
Jack Wilson
Tony Russell, Student Rep.
STAFF PRESENT
Mary Lou Block, Planning Div. Mgr.
Jack Weinz, Fire Chief
Bob Alberts, City Engineer
Art Housler, Admin. Svc. Director
Peter Hahn, Comm. Svc. Director
Duane Bowman, Asst. City Planner
Bobby Mills, Pub. Wks. Superintendent
Dan Prinz, Police Chief
Scott Snyder, City Attorney
Jackie Parrett, City Clerk
Margaret Richards, Recorder
Mayor Naughten announced that item N8, Review of City Participation with Port of Edmonds for
Expansion of Public Parking Facility along Waterfront, has been postponed to an indefinite date
in the future because the PortofEdmonds did not receive the information it has been awaiting.
Mayor Naughten announced that an Executive Session will be held following the items on the agenda
to discuss a property matter.
CONSENT AGENDA
Items (B) and (D) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED
BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The
approved items on the Consent Agenda .include the following:
(A) ROLL CALL
610• (C) ADOPTED RESOLUTION 657 COMMENDING STUDENT REPRESENTATIVE TONY RUSSELL
V-,, (E) ADOPTED ORDINANCE 2618 ADOPTING STATE STATUTES CONCERNING LOST AND UNCLAIMED PROPERTY
(F) ADOPTED ORDINANCE 2619 VACATING EASTERLY 20 FEET Of UNDEVELOPED RIGHT-OF-WAY OF 78TH
AVE. W. ADJACENT TO RESIDENCE AT 23627 - 78TH AVE. W. (ST-1-87/CITY OF EDMONDS)
n'iEB % (G) APPROVAL OF MEBT PLAN AMENDMENT CONFIRMING OPTIONAL PARTICIPATION BY CITY COUNCIL
(H) APPROVAL OF 1987 INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY FOR JAIL SERVICES
*7�� APPROVAL OF MINUTES OF MAY 12, 1987 [ITEM (B) ON THE.CONSENT AGENDA]
Councilmember Hall made the following correction: page 1, last paragraph, "I want reference to
the Mayor's $300 to $400 per month expenditures"; page 4, paragraph 2, "She suggested that a
_.park might be -an ideal use,for that parcel".
Councilmember Kasper made the following addition: page 4, first sentence, "The City Planner, Mr.
LaTourelle, indicated at a meeting in 1979 if the present site was reused, an EIS would be re-
quired to mitigate the impact".
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE MINUTES AS AMENDED.
MOTION CARRIED.
PROPOSED ORDINANCE 2167 ESTABLISHING EDMONDS CENTENNIAL FUND [ITEM (D) ON THE CONSENT AGENDA]
-7A4'`d� Councilmember Jaech referred to page 3 of the proposed ordinance as follows: the private
funds donated for the purposes of promoting the Centennial celebration shall not be deemed
I
subject to any constitutional restriction on expenditure relating to the City of Edmonds". She
inquired who will acknowledge receipt of the funds and approve the expenditures. City Attorney
Scott Snyder said procedures will be established by the Administrative Services Director. He
said that clause addresses the issue of requests to expend donations for a particular cause and
the prohibition against giving away public money or lending credit by the City. Councilmember
Jaech requested that assurance be provided to people who donate money for public purposes that
those funds will be expended in a prudent manner. Mr. Snyder suggested that that issue be dis-
cussed with the Administrative Services Director. He noted that the expenditure of funds donated
by the public would be subject to Council approval. Councilmember Jaech requested that Staff
provide the Council with information with respect to the process that will be utilized for approv-
ing and appropriating the expenditures.
Councilmember Kasper inquired about the City matching donations by the private sector. Mr. Sny-
der recommended that the City carefully restrict the use of those funds.
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE ITEM (D) WITH THE PROVISO
THAT THE COUNCIL RECEIVE INFORMATION WITH RESPECT TO THE PROCESS IN WHICH THE FUNDS WILL BE AP-
PROVED AND EXPENDED. MOTION CARRIED.
AUDIENCE
Mayor Naughten opened the audience portion of the meeting.
Robert L. McKenzie, 8125 - 186th St. S.W., noted that a City easement adjacent to 8311 Talbot
Road has been in existence for a considerable length of time. He said development has commenced
in the immediate area recently and a new fence has been constructed only inches away from the
existing fence. He inquired: 1) if residents will be allowed to continue to utilize the pathway
to access Puget Sound; 2) how City vehicles will access the sewer pumps located on the easement.
He noted that the fence is approximately 25 feet away from the sewer pumps. Community Services
Director Peter Hahn said the long fence which separates the new house from the older one and
which leads down to the lift station will be removed, and a new legal description for a new path
for the lift station maintenance and pedestrian traffic will be drafted. He noted that the neigh-
bors will be contacted, and they will have an opportunity to review the new legal description.
Mayor Naughten directed Mr. McKenzie to the Planning Department if he desired additional infor-
mation.
Mayor Naughten closed the audience portion of the meeting.
PRESENTATION OF COMMUNITY SERVICE AWARD TO PAULA VALENZUELA, FORMERLY MISS EDMONDS
Mayor Naughten stated that the Community Service Award was established three years ago to recog-
nize individuals and corporations who have made a significant contribution in improving the quali-
ty of life in the community.
Mayor Naughten said Ms. Valenzuela was Miss Edmonds in 1986 and was the first Miss Edmonds in
over a decade. She represented Edmonds for the year 1986 in several events, including the
Seafair Pageant competition and parade; helped reintroduce a Miss Edmonds pageant in Edmonds;
has been the recipient of an outstanding array of individual awards during and since high school;
played an important role as an example of generosity to her community; has been an excellent
representative and example of youth, quality, energy and beauty, which represents our community.
Mayor Naughten presented Ms. Valenzuela with the Community Services Award.
PRESENTATION OF RESOLUTION OF COMMENDATION TO STUDENT REPRESENTATIVE TONY RUSSELL
'P
Council President Wilson presented Student Representative Tony Russell with the Resolution in
appreciation of his service as a student member of the Edmonds City Council for the term January
1987 to May 1987.
Mayor Naughten inquired about Mr. Russell's future plans. Mr. Russell said he plans to attend
Washington State University in the Fall and will transfer to West Point, majoring in economics
and minoring in political science.
l�.Vaza;ZZ4-•v
COUNCIL ACTION ON HEARING EXAMINER RECOMMENDATION. TO VACATE NORTHERLY 120 FEET OF UNDEVELOPED
,tom .v RIGHT-OF-WAY OF 7TH AVE. S. SOUTH OF FIR ST. ST-4-86/SHIRLEY ABRAHAMSON C_ON_TINUED FROM
MAY 5 PUBLIC HEARING
Planning Division Manager Mary Lou Block reported that on May 5, 1987, the City Council held a
public hearing on the street vacation request of Shirley Abrahamson. The specific request
involved vacating the northerly 120 feet of 7th Ave. S.-, south of Fir Street.
EDMONDS CITY COUNCIL MINUTES
Page 2 MAY 19, 1987
She said the City Council requested the Engineering Division to prepare a drawing reflecting a
turnaround configuration at the northerly end of 7th Avenue South north of Elm Street. A copy of
that drawing is attached to the Council packets.
Ms. Block said it is the Planning Staff's recommendation to vacate the right-of-way as recommend-
ed by the Hearing Examiner subject to retention of a ten foot pedestrian easement and the dedica-
tion of the area required by the hammerhead turnaround, as shown on the City Engineer's drawing.
Ms. Block referred to Exhibit B, noting that the preferred alternative was configuration B-1
because she said it would not impact the stream. She said properties on the right would have to
access through the alley of Fir Street.
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT STAFF'S RECOMMENDATION FOR
A HAMMERHEAD TURNAROUND ON LOT 2 BEHIND THE LOTS ON FIR STREET AND TO ADOPT ORDINANCE 2620 VACAT-
ING 7TH AVE. S. FOR 120 FEET SOUTH OF FIR BUT TO RETAIN A 10 FEET EASEMENT DOWN THE CENTER
COMPRISED OF 5 FEET OFF THE EASTERLY PART AND 5 FEET OFF THE WESTERLY PART. MOTION CARRIED.
HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE FOR PROPERTY LOCATED AT 267 -
�� 4TH AVE. S. AP-6-87/TOM PETROWITZ
Planning Division Manager Mary Lou Block reported that in 1985, the Building Division discovered
an addition that was made to the residence at 267 - 4th Ave. S. The addition was built without a
permit and is within 18 inches of the south side yard. The City initiated proceedings to require
the property owner to either remove the addition or obtain a variance and building permit.
On March 5, 1987, the Hearing Examiner held a public hearing on the variance request of Tom
Petrowitz to reduce the required south side yard setback for the addition to the house located
at 267 - 4th Ave. S. from 10 feet to 18 inches.
On March 31, 1987, the Hearing Examiner issued his decision denying the variance request. On
April 14, 1987, Mr. Petrowitz filed an appeal seeking to overturn the Hearing Examiner's deci-
sion.
Ms. Block said it is Staff's recommendation to uphold the Hearing Examiner's decision.
Ms. Block referred to the Hearing Examiner's Decision as follows: "Based upon the preceding
Findings of Fact and Conclusions, the testimony and evidence submitted at the public hearing, and
upon the impressions of the Hearing Examiner at a site review, it is hereby ordered that the
requested variance for a reduction of the side yard setback from 10 feet to 18 inches at 267 -
4th Avenue South, Edmonds, Washington be denied. The basis of this denial is as follows: 1) in
order for a variance to be granted within the City of Edmonds, the criteria, as set forth in the
ECDC 20.85.010, must be satisfied. All of the criteria must be satisfied. The present applica-
tion involves a difficult situation. The applicant. has enclosed a patio, which is located in the
side yard setback. The enclosure was made prior to the variance request. However, the criteria
for the review of the variance must still be applied. From the review, it would appear that all
of the criteria, except for the showing of special circumstances necessary for the granting of a
variance and the showing of a lack of a special privilege, have been met; 2) the applicant failed
to provide adequate testimony or evidence to show special circumstances for the granting of a
variance. From the testimony and the evidence submitted, it appears the main reason for the
variance and the enclosure is to provide privacy for the residents on site. This, in and of
itself, is not a special circumstance necessitating a variance. It is a special privilege being
granted to the applicant; 3.) even though the applicant has already constructed the enclosure, it
is subject to review. It is subject to the same review as if no construction had occurred. With
the lack of special circumstances and the determination that a variance would be a special privi-
lege to the applicant, the variance must be denied. The applicant must remove the enclosure; 4)
the drainage problem of the condominium adjacent to the property does not warrant the granting of
a variance. This would appear to be a problem that must be resolved by the condominium owners.
It is recommended that the applicant consult with the necessary city department to ensure that
the condominium property is drained properly. If, after significant research and investigation,
it is determined that the condominium cannot be drained in any manner except onto the applicant
property, then a variance may be warranted. However, an additional hearing must be held on that
particular issue".
Ms. Block said the subject property is located on 4th Avenue north of Walnut Street. Exhibit #3,
a vicinity map, was displayed on the overhead projector.
Councilmember Dwyer inquired how the issue was brought to the attention of the Building Divi-
sion. Ms. Block said Staff received a complaint.
EDMONDS CITY COUNCIL MINUTES
Page 3 MAY 19, 1987
1
Ms. Block referred to Exhibit #4, a diagram depicting the house, garage, and the enclosed struc-
ture. .
Councilmember Ostrom inquired if the existing garage was a nonconforming structure. Ms. Block
replied affirmatively. Councillmember Ostrom inquired if the addition was constructed without a
permit. Ms. Block replied affirmatively.
Mayor Naughten opened the public portion of.the hearing.
Tom Petrowitz, 267 - 4th Ave. S., inquired how his taxes were allowed to double in the last
several years due to the addition if the addition was not legal.
Mr. Petrowitz noted that the adjacent apartment complex has revised the carport by expanding
the capacity as well as the height.
Mr. Petrowitz said no one seems to be complaining about the addition to the subject property
any longer. He said the addition serves the following purposes: 1) conserves energy, 2) pro-
vides security to the contents of the enclosure, 3) solves the drainage problem which emanated
from the adjacent apartment complex, 4) mitigated the noise from the hot tub.
Councilmember Jaech inquired who owned the house. Mr. Petrowitz said his mother did.
Bill Mathias, 540 Holly Dr., said he believes the Hearing Examiner and Staff made the correct
decision. He noted that the applicant did not obtain necessary permits to construct the addi-
tion. He urged the Council to deny the appeal.
City Attorney Scott Snyder said he inspected the property with Mr. Petrowitz and ascertained
from Mr. Petrowitz that there had originally been a fiberglass roof and wall with one electri-
cal outlet and a concrete patio floor. Mr. Snyder said he observed that insulation, a wall, a
ceiling, a light.fixture, a rug, a dance floor, and a space heater had been added.
Mayor Naughten closed the public portion of the hearing.
COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE HEARING EXAMINER'S FIND
INGS OF FACT SUPPLEMENTED BY THE TESTIMONY PROVIDED BY MR. SNYDER AND ADOPT THE HEARING EXAMIN-
ER'S CONCLUSIONS AND DECISION. MOTION CARRIED.
(The complete report of the Hearing Examiner is on file at the Planning Department.)
HEARING ON PLANNING BOARD RECOMMENDATION FOR PROPOSED REZONE OF PROPERTIES LOCATED ON SOUTHEAST
CORNER OF 84TH AVE. W. AND 212TH ST. S.W. FROM RM-.2.4 TO BN R-2-87/JIM GRAVES, ET AL.
Planning Division Manager Mary Lou Block reported that on April 8, 1987, the Edmonds Planning
Board held a public hearing on the request of Jim Graves to rezone the properties located on the
southeast corner of 84th Ave. W. and 212th St. S.W. from RM-2.4 to BN.
Ms. Block said one concern that Staff raised regarding the rezone request was the inclusion of
lots #7 and #8 of Hawarden Tracts. These two lots are fully developed with a duplex, a
fourplex, a residence, and an office building. If these lots were included in the BN zone, the
multifamily residential uses will be made nonconforming. This could pose a problem for the fu-
ture owners.
Ms. Block said the Planning Board recommended approval of the entire rezone request. She noted
that a copy of the Board's recommendation was attached to the Council packets.
Ms. Block said it is Staff's recommendation to approve the rezone with the exception of lots #7
and #8.
Ms. Block reviewed the Hearing Examiner's Findings of Fact as follows: "1) the rezone area con-
tains approximately 2.05 acres of land and is located on the southeast corner of 84th Ave. W. and
212th St. S.W. in the Five Corners neighborhood. The subject properties are presently developed
with two single family homes, two office buildings, two duplexes, and St. Matthew Lutheran
Church. Presently, the area is zoned RM-2.4; 2) the area is bordered by commercial development
to the north, northwest, and west. To the south and east is a mixture of multifamily and single
family residential uses; 3) a determination.of nonsignificance has been issued by the City on the
rezone request; 4) the subject property is designated by the Comprehensive Plan Map as Commercial
Business and High Density Residential. The proposed zoning would not conflict with the Comprehen-
sive Plan".
EDMONDS CITY COUNCIL MINUTES
Page 4 MAY 19, 1987
Ms. Block then reviewed the Hearing Examiner's Conclusions of Law and Recommendation as follows:
"1) the proposed zoning conforms to the Comprehensive Plan of the City of Edmonds; 2) the pro-
posed zoning will establish zoning for the subject area that is consistent with the developing
nature of the Five Corners neighborhood; 3) no significant adverse environmental impact will
result from the rezone request.
"The Planning Board of the City of Edmonds recommends to the City Council that Application R-2-87
be approved. This recommendation was approved by the Planning Board with Hank Lewis and Jeff
Palmer opposed".
Ms. Block referred to a vicinity map on the overhead projector which included the property that
is proposed to be rezoned.
Ms. Block pointed out that Mr. Palmer and Mr. Lewis were not opposed to the rezone itself but to
the inclusion of lots #7 and #8.
Councilmember Kasper inquired about the use of the building located on the corner of 82nd and
212th. Ms. Block said it is an office building. Councilmember Kasper inquired if Shannon
Towing formerly occupied Lot #3. Ms. Block replied affirmatively. Councilmember Kasper noted
that the use, then, is commercial. Ms. Block said the applicant desires to provide a service
applicable to the BN zone and not to an RM zone. Councilmember Kasper requested Ms. Block to
reiterate the problem that would arise if lots #7 and #8 were were rezoned. Ms. Block said multi-
family uses are not an outright permitted use in the BN zone. She said the existing uses on lots
#7 and #8 would then become nonconforming.
Councilmember Nordquist inquired if the applicant was the owner of the property located on the
corner of 84th Ave. W. and 212th St. S.W. Ms. Block replied affirmatively. Councilmember Nord-
quist inquired what lot the applicant owned. Ms. Block replied Lot #3. Councilmember Nordquist
inquired who owned Lots #7 and #8. Ms. Block said Mr. McKinley and Dr. Rosenblatt respective-
ly. Councilmember Nordquist inquired if the church was officially notified of the proposed re-
zone. Assistant City Planner Duane Bowman replied affirmatively. He said everyone within the
rezone area was notified.
Councilmember Dwyer inquired about the zoning of the lot immediately to the south of lot #8. Ms.
Block replied multifamily.
Councilmember Kasper inquired where the commercial uses were located. Mr. Bowman indicated the
location of the commercial uses on the vicinity map.
Mayor Naughten opened the public portion of the hearing.
Tim McDevitt, 22224 - 98th Ave. W., spoke in favor of the proposed rezone.
Mr. McDevitt said he is Mr. Graves attorney but has also been a long-time customer of his. He
said Mr. Graves has lived in Edmonds for twenty-three years. His last two barber shops were
displaced because the leases expired. Mr. Graves, he said, has been looking for a location to
operate his business for the last six months and has considered lot #3.
Mr. McDevitt noted that the rezone proposal is consistent with the Comprehensive. Plan because of
the fact that four of the five corners arecurrently zoned BN.
Councilmember Dwyer inquired why lots #4, #7, and #8 should not be excluded. Mr. McDevitt said
he did not have an opinion on that issue.
Ray McKinley, 3521 - N.W. 68th, Seattle, said he owns lot V. He noted that Lot #7 is sur-
rounded by an area zoned for business use. Mr. McKinley said he did not understand the ration-
ale for excluding lot #7 from the proposed rezone.
Councilmember Ostrom inquired if a multifamily structure was located on lot #7. Mr. McKinley
clarified that two duplexes are located on lot #7 and not a four-plex.
Dr. Michael Rosenblatt, 8936 - 179th P1. S.W., said he has been practicing podiatry at Five
Corners for 14 years and plans to retire in 15 years. He spoke in favor of the proposed rezone.
Dr. Rosenblatt said Mr. Graves has been forced to -relocate his business.. He said Mr. Graves
deserves an opportunity to service his customers.
Dr. Rosenblatt expressed concern that his business would become nonconforming if the rezone was
approved. He said he has no intention of expanding his business in any way. He inquired about
EDMONDS CITY COUNCIL MINUTES
Page 5 MAY 19, 1987
1
the ramifications to his business if the rezone is approved. City Attorney Scott Snyder said in
accordance with the nonconforming use statute, the use, as well as a commercial use, may continue
as long as .it was not expanded in any way. He said the use by a renter must generally conform to
the use at the present time. Dr. Rosenblatt inquired about the ramifications if the area was
rezoned. Mr. Snyder said the usage would have the full breadth of neighborhood commercial uses
permitted in that zone. Dr. Rosenblatt noted that there is a four-plex which adjoins his
building and inquired about that issue. Mr. Snyder noted that section 17.40.010 (G) provides
that residential uses can be continued as long as the use is continued until it is abandoned. If
damage occurs. in excess of 50% to the structure, it may be reestablished if refurbishing commenc-
es within one year of the date damage occurred. Ms. Block pointed out that improvements to non-
conforming structures may not exceed 25% of the assessed valuation in any one given year.
Dr. Rosenblatt requested the Council to include his lot #8 in the proposed rezone.
Councilmember Wilson inquired about the rationale for including lot #4. Ms. Block said it was
included as part of the original application, but there was no argument in favor or opposed to
including it.
Councilmember Jaech inquired if notification was sent to the surrounding residential areas at the
time that the issue was discussed at the. Planning Board level. Ms. Block said people were noti-
fied within 80 feet of the subject property, which would include lots 1, 2, 3, 11, 6, 5, 27, and
28.
Mayor Naughten closed the public portion of the hearing.
COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ACCEPT THE PLANNING BOARD'S RECOM-
MENDATION AND INCLUDE LOTS #7 and #8.
Councilmember Jaech expressed concern that the rezone, as proposed by Councilmember Kasper, would
encroach too far into the residential community. She said a line must be drawn between the com-
mercial uses and residential uses. .She said.she would.not vote in favor of the motion.
COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AMEND THE MOTION TO EXCLUDE LOTS
# 4, #7, and #8.
Councilmember Kasper pointed out that a commercial use presently exists on lot #4.
Councilmember Dwyer said he did not think it was necessary to include lots # 4, #7, and #8.
Councilmember Hall said she was in favor. of including lots #7 and #8 because it was consistent
with land use planning when considering the comprehensive plan of the area.
Councilmember Kasper said it would not be rational to exclude lots #4, #7, and #8 if a structure
exists on lots #6 and #11. -.He inquired if residential uses exist on lots # 6 and #11.
MOTION TO AMEND CARRIED WITH COUNCILMEMBER KASPER OPPOSED.
THE MAIN MOTION CARRIED.
(The complete report of the Hearing Examiner is on file at the Planning Department.)
DISCUSSION OF METRO SEWAGE EXCHANGE
Community Services Director Peter Hahn reported that the issue was reviewed by the City Council
on April 14 when Metro officials presented the swap options. The Council was informed that the
preliminary cost figures would be refined and presented to the Metro Water Quality Committee.on
May 14. The current revised costs have not been provided to Edmonds, but. Metro's Director of
Water Quality projects that the swap option is more closely comparable in cost to the construc-
tion of a new Richmond Beach facility.
The primary benefit to Edmonds would be the potential to not be required to construct a parallel
force main from the Lake Ballinger Lift Station to Highway 99. The Department of Ecology (DOE)
has required Mountlake Terrace to provide the force main because of previous leakage and over-
flows in 1985 and 1986. The cost of the project is $1 million. To date, DOE has not formally
notified Mountlake Terrace that the mandated project would not be necessary.
Implementation of the swap could have considerable construction impacts. Metro flows would be
routed to the City via Puget Sound most likely under Dayton Street (if the present site is re-
tained). The public has stated that any construction and trenching on Dayton is unacceptable.
It is conceivable that improvements to the outfall might require a second pipe or a larger pipe
EDMONDS CITY COUNCIL MINUTES
Page 6 MAY 19, 1987
under Dayton so the Metro line would not be the cause of disruption. However, Mr. Hahn said it
is too early in the predesign phase to ascertain that. In addition, he said there will be sub-
stantial construction impacts in the Lake Ballinger area, but there would be some construction
impacts to that area if the parallel force main was constructed.
The Metro swap would not affect Edmonds costs other than the potential savings on the Ballinger
force main. Metro would construct all the needed transport facilities, and Edmonds would main-
tain the same agreements that presently exist without the swap.
Mountlake Terrace, which is most interested in the swap option, also disagrees with the Edmonds
position regarding the revised agreements. Mountlake Terrace is also a portion of the service
area that would be routed to Metro. In the event that a satisfactory agreement cannot be reached
with Mountlake Terrace, the City's obligation to provide treatment services ends in 1999. The
question is: How can Edmonds accept a long-term responsibility from Metro if Mountlake Terrace
is uncertain? Without participation from Mountlake Terrace, the Edmonds east service area, in-
cluding Edmonds Highway 99 and Ronald Sewer District flows, would not provide sufficient flow for
an equivalent one-to-one swap.
There is no indication that the Metro Water Quality Committee would be in favor of the swap, even
with the revised costs. The revised costs will be presented to Metro on May 14, and a decision
will be made on May 28. Metro would like to know Edmonds position with respect to the acceptabil-
ity of the swap option.
The swap should be seriously considered only if: 1) DOE definitely rescinds its order to con-
struct a redundant sewer line, 2) Mountlake Terrace agrees to the terms of the revised service
agreements as outlined by the Edmonds City Council, and 3) no additional costs are incurred.
Councilmember Jaech noted that another impact to the City would be the inclusion of Metro in the
secondary wastewater treatment agreement with the participating jurisdictions if the swap agree-
ment is consummated. Mr. Hahn said there would be no impact to the design or construction costs
to the secondary treatment plant. He said a contract would have to be entered into with Metro
for the exchange of equivalent flows.
Councilmember Dwyer inquired if Edmonds east would be required to pay the same rates as Metro
customers. Mr. Hahn replied negatively.
Councilmember Jaech inquired if service to the Edmonds east flows and billing could be handled by
Metro rather than Edmonds if the swap is consummated. Mr. Hahn said the concept was interesting
and feasible, but he noted that Edmonds has always had substantially lower rates than Metro. He
said Metro has made a policy decision to not process additional flows from Snohomish County.
Councilmember Dwyer inquired if all Metro customers pay the same rates. Mr. Hahn said they pay
the same overall rates. Councilmember Dwyer inquired if people whose flows were directed to
Richmond Beach would pay the same rates as those flows to Westpoint. Mr. Hahn replied affirma-
tively.
Councilmember Hall inquired if the outfall would require upgrading, thus commencing construction
on Dayton Street, if the treatment plant is built on the present site. Mr. Hahn said that scenar-
io is a possibility.
Councilmember Kasper noted that the pipeline from.Mountlake Terrace does not intersect Dayton
Street but makes a circuitous route down 3rd Avenue and behind the Public Works building. Mr.
Hahn concurred. He said a new pipe would have to be installed in a northerly direction and east-
erly direction toward the plant to route the Richmond Beach flows to the plant. He noted that
the engineering report is not detailed enough at the present time to determi-ne exactly where the
pipes will be laid. Councilmember Kasper asked why the pipes could not be laid through the SR
104 bypass instead of via downtown Edmonds. Mr. Hahn said the route is shorter.
Councilmember Kasper said he thought Staff's recommendation has merit.
CONSIDER $350 SIX-MONTH LOAN TO EDMONDS CENTENNIAL COMMITTEE
Mayor Naughten reported that he has appointed an Edmonds Centennial Committee to coordinate and
plan the two very important centennial celebrations coming up in 1989 and 1990 (State Centennial
and City of Edmonds Centennial).
Mayor Naughten said an Edmonds 1990 Centennial Pin prototype has been approved by the Committee
and will be available in several weeks. The requested $350 interest -free loan will pay costs
of an initial supply of pins, which will be on sale beginning with the upcoming 4th of July cele-
bration. If the promotion is successful, the Committee will reorder the pin and sell it as a
fund raiser from now until 199.0.
EDMONDS CITY COUNCIL MINUTES
Page 7 MAY 19, 1987
Mayor Naughten said Staff recommends that $350 is transferred from the General Fund operating
cash to the Edmonds Centennial Fund. Linda McCrystal, the City's representative to the Commit-
tee, will be authorized to manage deposits and withdrawals to the fund.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO TRANSFER $350 FROM THE GENER-
AL FUND OPERATING CASH TO THE EDMONDS CENTENNIAL FUND AT AN INTEREST -FREE RATE FOR SIX MONTHS.
MOTION CARRIED.
APPROVAL OF MEBT PLAN AMENDMENT ALLOWING_ EMPLOYEES TO WITHDRAW THEIR FUNDS FOR FINANCIAL HARD
AlSHIP
Administrative Services Director Art Housler reported that the MEBT Committee has been studying
for some time the effect and benefit of allowing employees to withdraw funds from their account
due to financial hardships. The cities of Bellevue, Kirkland, and Mountlake Terrace have includ-
ed in their plans a hardship provision for several years. In studying the plans of these three
cities, the Committee learned that the provision would have no effect on the accounts of other
employees; would have no effect on the City's qualifying status as a retirement/benefit plan
under IRS Code section 401; and would have no effect on an continued participation of an employ-
ee.
Mr. Housler said the Committee distributed an advisory ballot to all employees. A tally of the
ballots resulted in 72 employees in favor of the amendment and 75 employees opposed to the amend-
ment. Approximately 20 employees did not vote.
In making their recommendation, the Committee considered: 1)the favorable experience of the other
cities; 2) approximately one half of the employees are in favor of the amendment; and 3) there
would be no effect on the Plan or other employee accounts.
Mr. Housler said the Committee recommends that the Council approve the amendment to the Plan.
Mr. Housler noted that City employees also participate in an alternate retirement plan.
Councilmember Dwyer noted that a majority of the Plan participants voted against amending the
Plan.
Councilmember Kasper inquired if the Plan was in lieu of Social Security.. Mr. Housler replied
affirmatively. Councilmember Kasper noted that Social Security participants are not allowed to
withdraw funds for hardship reasons. Mr. Housler noted that only the percentage of funds contrib-
uted by the employee may be withdrawn and not the percentage contributed by the City.
Councilmember Ostrom expressed concern that an employee who withdraws funds will diminish his/her
retirement fund and may not have adequate income to live on upon retirement age and will suffer.
Mr. Housler pointed out that an employee may withdraw the money upon termination of his/her job
with the City.
Councilmember Nordquist inquired if a penalty is imposed for early withdrawal. Assistant City
Planner Duane Bowman said there is a penalty for withdrawing the portion of funds that the City
contributes as well as the interest earned on that portion. Mr. Bowman urged the Council to
approve the amendment to the Plan. He noted that although a majority of the balloted votes were
opposed to the amendment that a percentage of employees did not respond. He reiterated that the
amendment will not affect the accounts of employees who do not exercise the hardship option.
Councilmember Hall suggested that a hardship fund be established in which employees can withdraw
monies for emergency situations rather than from the MEBT Plan.
Councilmember Ostrom noted that the Council has not had an opportunity to hear from the employees
who voted against amending the Plan.
Councilmember Jaech noted that a percentage of the employees who did not respond to the ballot
were Councilmembers. She said most of. the Councilmembers abstained from voting to ascertain the
opinion of Staff with respect to the amendment.
Councilmember Nord quist inquired if the "vesting City's portion" would be reduced if an employee
withdrew half of the funds when he/she was only half vested. Mr. Housler said it continued.
Councilmember Kasper inquired about the disposition of .the fund in that i.nstance. Mr. Housler
said 70% of the money is deposited into the participant's fund and 30% into the Administrative
fund. He said the participant may withdraw the funds to the point of vesting and if he/she is
not fully vested, the non -vested portion is placed in the Administrative fund.
EDMONDS CITY COUNCIL MINUTES
Page 8 MAY 19, 1987
City Attorney Scott Snyder noted that withdrawal of funds only affects the employee's portion.
He clarified that Mr. Bowman is not a member of the Committee, and he was only speaking as a City
employee.
Councilmember Kasper inquired how many requests to withdraw funds for hardship reasons have been
made in the last year. Mr. Housler replied approximately five.
Mr. Snyder noted that there is a similar provision in the Deferred Compensation Plan for hardship
withdrawals. He recalled that only two requests for withdrawals have been made in the last three
years.
Councilmember Kasper noted that a participant of the Plan may not borrow against those funds.
Mr. Housler concurred.
COUNCILMEMBER KASPER MOVED TO APPROVE THE AMENDMENT TO THE PLAN AS RECOMMENDED BY THE MEBT COMMIT-
TEE. MOTION DIED FOR LACK OF A SECOND.
Councilmember Nordquist inquired if any Councilmember was involved in the decision -making process
with respect to the Plan amendment up to the present time. Mr. Housler replied negatively.
COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO DENY THE AMENDMENT TO THE MEBT
PLAN. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HALL., COUNCILMEMBER JAECH, COUNCIL -
MEMBER OSTROM, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER NORD-
QUIST OPPOSED.
MAYOR
Mayor Naughten announced that $32,000 of sales in cemetery lots have been sold to date.
Councilmember Kasper said his .secretary thought it .was humorous that .an advertisement for the
cemetery lots was included in the water bill.
Mayor Naughten announced that May 17th through the 23rd has been proclaimed as National Public
Works Week in the City of Edmonds. All citizens and civic organizations are invited to acquaint
themselves with the problems involved in providing Public Works services and to recognize the
contribution that Public Works employees make toward the health, safety, and welfare of the citi-
zens.
COUNCIL
Council President Wilson said it has been brought to his attention that the minutes of some cit-
ies identify subject matters in the margin, which is helpful in researching the minutes. Council -
member Nordquist suggested that the agenda be included as part of the minutes. City Clerk Jackie
Parrett pointed out that subject matters are typed in bold letters and underscored for each item
in `the minutes. She noted that the Council Assistant could research the minutes for
Councilmembers by using the computer indexing system. She said each item is assigned a number,
indexed and entered into the computer for reference. She noted that the corrections to minutes
are maintained in the minute book. Ms. Parrett inquired if the subject matter could be handwrit-
ten in the margins. Councilmember Wilson and Councilmember Kasper concurred. She said the min-
utes are printed edge to edge and are then reduced, which creates the margin. Councilmember Hall
was in favor of entering the subject matter in the margins by computer entry. Councilmember
Jaech inquired if the corrections could be indexed. Ms. Parrett replied affirmatively. Council -
member Ostrom noted that it would be an involved and complex process to enter the subject matter
in the margins by computer entry.
Councilmember Hall said she was waiting for the verbatim minutes of the meeting of April 28, 1987
and would like them as quickly as possible. Ms. Parrett said she had not received them yet.
Councilmember Nordquist expressed his appreciation to.Council President Wilson for providing
verrbatim minutes of the Port Ludlow meeting. He inquired if everyone had received them.
Councilmember Nordquist noted that Staff has analyzed a potential swap of the Lake Ballinger
treatment station. He requested that further analysis be conducted by Culp-Wesner-Culp. Commu-
nity Services Director Peter Hahn said that firm has already conducted a study for Mountlake
Terrace for the entire station. Councilmember Nordquist inquired if that study could be provided
to the Council. Mr. Hahn replied affirmatively.
Councilmember Kasper inquired about the request of the Port of Edmonds in the Staff minutes, item
#6. Police Chief Dan Prinz said the Port.has requested the Police Department to consider enforc-
ing the parking regulations on Port property.
EDMONDS CITY COUNCIL MINUTES
Page 9 MAY 19, 1987
Councilmember Ostrom said the Council received a copy of a report to the Police Department with
respect to an animal control problem. Chief Prinz said the issue was referred to the City Attor-
ney on April 21.
Councilmember Ostrom said he reviewed the minutes of last week's Council meeting, which he did
not attend, and thought he understood the discussion regarding wastewater treatment until he
received a memorandum from Mayor Naughten stating that Staff will pursue the feasibility of an
alternate site. He said no such discussion was reflected in the minutes to authorize Staff to
conduct a feasibility study. Mayor Naughten said the intent was to conduct .a preliminary
cost-free study to determine the viability of an alternate site. Mayor Naughten said he be-
lieved that study was necessary in determining the most viable site and eliminating the sites
which were not viable in order to avoid conflicts in the future. He noted that continued discus-
sions regarding alternate sites for secondary wastewater treatment is scheduled on May 26. Coun-
cilmember Ostrom expressed concern because he said Council approval for such studies is usually
obtained first. Councilmember Nordquist noted that studies were conducted for the Public Works
site, Chase Lake, as well as a number of others at the impetus of committees.
Councilmember Jaech referred to a memorandum from Fire Chief Jack Weinz. She said she attended a
"� meeting last night which was held in response to a fire which occurred in the area of 9th Avenue
7tiY.¢� and Walnut. She noted that only three lines into SnoCom are provided for the bowl area of the
City. She said a lot of citizens were not able to reach a SnoCom representative when they
called about the fire. Councilmember Jaech said the telephone company estimated that an addition-
al line would cost $60 per month. She said the lines are'staffed by two people for each shift
at SnoCom. She requested that those issues be investigated. Councilmember Dwyer said each
dispatcher is capable of handling two 'incoming calls. He said he would address the issue of
whether or not there is adequate staffing at the next Public Safety meeting. He said the
SnoCom staff is trained to extract information as expediently as possible. Councilmember Dwyer
said he would listen to the tapes of the fire event to ascertain the events of that evening.
Councilmember Jaech said the public was concerned about the .staffing level of the Fire Depart-
ment, as were the fire fighters, and about response time. She requested Chief Weinz to address
those issues. Councilmember Hall complimented the fire fighters in the expedient and efficient
manner in which they responded to the fire. She inquired about the response time. Chief Weinz
said the department responded to the emergency in 3.49 seconds from the time SnoCom received
the first call until the first fire engine arrived on the scene. Chief Weinz said all of the
issues were discussed at last night's meeting, and he believed that the concerns of the citizens
were appeased at the close of the meeting. Chief Weinz said he would address the issues of staff-
ing levels during the budget process. Councilmember Kasper recommended that the volunteer fire
fighter program also be reviewed. Councilmember Ostrom expressed his appreciation to Chief Weinz
for providing the Council with the report. He said he did not recall ever receiving a request
for additional Staff and, thus, found it hard to believe that the Fire Department was under-
staffed. Chief Weinz said he made no such request during the recent budget process because he
knew there were no funds available for additional Staff due to the loss of revenue sharing
funds. Councilmember Jaech noted that the public did seem to be appeased at the close of the
meeting. Councilmember Dwyer inquired if any calls were made to SnoCom before the call that
Chief Weinz referred to as the first call. Chief Weinz responded negatively. Councilmember
Dwyer clarified that all calls to SnoCom are recorded on a twenty-four hours basis. Councilmem-
ber Jaech requested that the issue of Staffing levels of the Fire Department be discussed at a
Public Safety Committee meeting in August in preparation for the budget process.
The Council recessed to an Executive Session at 9:30 p.m.
to discuss a property matter for approx-
imately 15 minutes
and to
adjourn following the session.
These minutes are
subject
to May 26, 1987 approval.
1 _
�,
-.ACELINE G.
PARRETT, City Clerk
,CARRY S. NAUGHTEN, Mayor
*See Council Minutes of Flay 26, 1987
EDMONDS CITY COUNCIL MINUTES
Page 10 MAY 19, 1987