05/06/1997 City Council1
Change to
Agenda
EDMONDS CITY COUNCIL APPROVED MINUTES
MAY 69 1997
Following an interview of a candidate for the Architectural Design Board at 6:45 p.m., the Edmonds City
Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room,
650 Main Street. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Barbara Fahey, Mayor
Dave Earling, Council President
John Nordquist, Councilmember (arrived 7:59 p.m.)
Roger L. Myers, Councilmember
Jim White, Councilmember
Dick Van Hollebeke, Councilmember
Gary Haakenson, Councilmember
Thomas A. Miller, Councilmember
ALSO PRESENT
Robbie Cuningham, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Michael Springer, Fire Chief
Al Compaan, Assistant Police Chief
Paul Mar, Community Services Director,
Art Housler, Administrative Services Director
Jeff Wilson, Current Planning Supervisor
Noel Miller, Public Works Superintendent
James Walker, City Engineer
Rob Chave, Planning Manager
Stephen Koho, Treatment Plant Manager
Brent Hunter, Personnel Manager
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jeannie Dines, Recorder
Mayor Fahey requested a change in the agenda. She asked that Item 3, Audience Participation, be moved
to Item 3A and add a new Item 3 which would be a reading into the record of a letter that was sent to the
Director and Board of the Senior Center.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
MOVE AUDIENCE PARTICIPATION TO AGENDA ITEM 3A AND REPLACE AGENDA
ITEM 3 WITH THE MAYOR'S LETTER TO THE SENIOR CENTER DIRECTOR. MOTION
CARRIED. (Councilmember Nordquist was not present for the vote.)
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED.
(Councilmember Nordquist was not present for the vote.)
2. CONSENT AGENDA ITEMS
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
MILLER, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION
CARRIED. (Councilmember Nordquist was not present for the vote.) The agenda items approved
are as follows:
Edmonds City Council Approved Minutes
May 6, 1997
Page 1
(A) ROLL CALL
Approve (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 29,1997
Minutes
(C) APPROVAL OF CLAIM WARRANTS #15185 THRU #17238 FOR THE WEEK OF
Approve APRIL 28, 1997, IN THE AMOUNT OF $327,929.24; AND APPROVAL OF PAYROLL
Claim
Warrants WARRANTS #15889 THRU #16088 FOR THE PERIOD OF APRIL 16 THROUGH APRIL
30,1997, IN THE AMOUNT OF $457,137.44
Housing (D) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT
Forum WITH JUDITH STOLOFF TO ASSIST WITH EDMONDS HOUSING FORUM ($2,040)
Solids (E) AUTHORIZATION FOR MAYOR TO SIGN SERVICE AGREEMENT FOR SOLIDS
Hauling and
Disposal HAULING AND DISPOSAL
(F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT
value I WITH CHAVOND-BARRY ENGINEERING CORPORATION FOR VALUE
Engineering
ENGINEERING
Repairto I (G) REPORT ON BIDS RECEIVED FOR THE REPAIR TO THE INCINERATOR AND
Incinerator RELATED EQUIPMENT AND AWARD OF CONTRACT TO C. H. MURPHY/CLARK-
ULLMAN ($10,300)
100th Ave. W
Overlay (H) AUTHORIZATION TO CALL FOR BIDS FOR 100TH AVENUE WEST OVERLAY
Project PROJECT
M
mm AUTHORIZATION TO NEGOTIATE CONTRACT FOR BRACKETT'S LANDING
lam/air NORTH SEAWALL REPAIR WITH REID MIDDLETON, INC.
SEWLabor
Agreement (J) APPROVAL OF 1997 -1998 SEN LABOR AGREEMENT
Agre
PW Teamster (K) APPROVAL OF 1997 —1998 PUBLIC WORKS TEAMSTER LABOR AGREEMENT
Agreement
3. MAYOR FAHEY'S LETTER TO CONNIE JONES, DIRECTOR SOUTH COUNTY SENIOR
CENTER
Senior Center
Mayor Fahey welcomed citizens' comments, but explained her letter to Connie Jones, Director, South
County Senior Center, dated May 6, 1997, would fully explain the factual information:
"This letter is being sent to the Director of the South County Senior Center and all of its Boardmembers
in an effort to clarify some issues related to the future of the Center. I intend to widely distribute it to all
citizens concerned about the Center.
Above all else, it is imperative that everyone understand that the members of the Edmonds City Council
and I, as Mayor, are as concerned about the Center as you are. We are aware that the Senior Center is
facing both fiscal (monetary) and physical (structural) challenges. These problems are of major concern
to us as well, and the City wants to do everything it can to assist the Center in meeting these challenges
so it can continue to meet the ever-increasing needs of an aging population in the future.
Within the next week, borings will be done at the Center to assess the stability of the land on which the
building stands. This analysis will help us determine what must be done to address the structural
Edmonds City Council Approved Minutes
May 6, 1997
Page 2
1
stability of the facility. It will provide information on the costs associated with the continuing
maintenance versus possibly building something new that will better serve all the seniors of the
community. It will take effort and cooperation, but we are convinced that comprehensive information
and collaborative planning will lead to creative solutions.
As you all know, I met with Connie Jones on April 9 to discuss some of our mutual concerns. I feel we
had a very positive discussion with an honest exchange of concerns and ideas. When Connie left my
office, I felt we had agreed to work together to try and find grant moneys to cover some of the ever-
increasing maintenance costs or possibly develop a capital campaign to totally remodel the facility to
better meet the multiple program and facility needs of the future.
Admittedly, I did indicate that, as the City is faced with ever-increasing maintenance costs on a rapidly
deteriorating building, it was probably not realistic to think we could cover all those costs and also
continue to provide operation dollars through an annual subsidy. Faced with this challenge, I asked Ms.
Jones for input on which of the expenses would be more realistic for the Center to cover in the future.
I categorically did not indicate the operations moneys were in jeopardy for this year or even 1998. I
merely stated we would have to come up with a reasonable financing plan for the future.
Since that meeting, my message seems to have been significantly misinterpreted. I have heard rumors
ranging all the way from a withdrawal of operations money starting this year to the idea that the City is
going to shut down the Center and sell the property.
None of these rumors have any basis in fact.
The City of Edmonds is committed to maintaining the Senior Center as a valuable resource and asset in
this community. In fact, given that we too are aging, I suspect we are attempting to preserve something
we all will be using and enjoying in the not too distant future.
Given the intensity of the concerns that have been expressed, I have reached the conclusion it is time for
some wide -spread citizen input. I am going to move forward immediately with the creation of a Citizens
Senior Service Task Force to assist in the formation of a plan to develop recommendations for how to
best meet the challenges of the future for senior citizens. A part of thatplan will be recommendations on
the best way to assist the Senior Center in its efforts to remain a viable asset to this community.
I look forward to working with you all to develop the best solutions possible to address our mutual
concerns. I am confident, with mutual trust and cooperative efforts, we can make the process a win-win
situation for everyone. "
3A. AUDIENCE
Animal Gene Ericson, 700 Melody Lane, Edmonds, said he understood the City was in the process of
Regulations reviewing. ordinance language regarding animal regulations. He supported a change in the section
describing covered animals, defined in the City's Code as hoofed animals usually found on farms. He
described difficulties encountered with accumulation and disposal of waste, odors, pests, flies, and
inadequate sanitary conditions created by horses boarded on property adjacent to his home. He indicated
the Police Department and Animal Control had .been involved numerous times and letters had been
written to the property owner and owner of the horses. Mr. Ericson- requested the Council revise the
Edmonds City Council Approved Minutes
May 6, 1997
Page 3
ordinance to "disallow this property to be used as shelter or pasture for horses or any other high
maintenance covered animal and return animals usually found on the farm to the farm".
Mayor Fahey invited Mr. Ericson to bring his concerns to the Community Services Committee. He
indicated he would send a letter to the Mayor and Councilmembers.
Senior CenKaren Martinson, 9011 185th Place SW, Edmonds, said Mayor Fahey's letter regarding the Senior
ter
Center addressed many of her concerns. She quoted a Resolution displayed in the Senior Center, "Be it
resolved by the City Council of the City of Edmonds, Washington, that the South County Senior Center
located at 220 Railroad Avenue, Edmonds, Washington, is hereby declared to be a permanent Senior
Citizens' Facility". She urged the Council to consider this resolution and give the Senior Center, in its
current location, their highest priority.
JEMS Ray Albano, 20916 76th Avenue W, Edmonds, complimented the Council on the EMS Workshop
Workshop Meeting, noting Mountlake Terrace's City Manager was a perfect example of a City Manager/Council
form of government. He expressed disappointment the Council felt it was necessary to have four plain -
clothed police officers at that workshop and questioned the cost of their attendance. He pointed out
Lynnwood Councilmember Goff and Mountlake Terrace Councilmember Cordova were members of the
EMS Board but former Police Chief Miller had been a member of the 911 Board. He questioned whether
Senior Center funding for the Senior Center could be identified in the budget, possibly with $300,000 that he noted has
been budgeted for "miscellaneous."
Mr. Albano declined Councilmember Van Hollebeke's request to have a brief discussion regarding these
issues.
Senior Center Ray Olson, 22808 106th Place W, Edmonds, encouraged Councilmembers to participate in the Senior
Center's current funding raising effort. He explained the cups, distributed to the Council included
instructions regarding money to be deposited daily which would be collected on the first Tuesday in
June.
Senior Center Jan Kavada, 217 Alder Street, Edmonds, complimented the Council on their action regarding low
income housing, noting it was critical to maintain housing as low income. She noted May is Older
American's Month. As Director of Citizens for Nursing Homes, she was interested in the issue of long
term care and described the Senior Center's role in assisting seniors' ability to stay.in their own homes by
providing nutrition, exercise, and health care—activities that need to be continued.
IISenior Center George Rappole, 600 6th Avenue N, Edmonds, explained while living in Texas, he worked on the Area
Agency On Aging of the North Central Texas Council of Government to establish Senior Centers in 14
counties in the Dallas -Fort Worth area. He now serves as a member of the Advisory Council on Aging,
Department of Long Term Care and Aging, in the Snohomish County Human Services Division. His
experience emphasizes the importance of senior centers. He thanked Mayor Fahey for her letter and
encouraged the Council to continue the development of the Senior Center.
Port Al. Rutledge, 7101 Lake Ballinger Way, Edmonds, distributed information to the Council regarding
u 1) Channel 5's report that construction of the Port of Edmonds marina would be delayed due to the City
co,,,,eil I of Edmonds, 2) his suggestion that video tapes of Council meetings be available at citizens' request and
Video Tapes an area be provided for viewing tapes, and 3) flooding in Australia in 1974. He suggested City staff
Edmonds City Council Approved Minutes
May 6, 1997
Page 4
receive further training on evacuation procedures due to concern expressed by Lake Ballinger residents
who were informed of possible evacuation during winter flooding.
Mel Critchley, 705 Driftwood Place, Edmonds, distributed an April 30 Wall Street Journal article
Train Safety regarding Amtrak's failure due to their use of aging tracks, and recommendation that Amtrak be
Medic 7 eliminated as a service provider. Observing insurance would. now pay for Medic 7 costs, Mr. Critchley
suggested government no longer be involved and the service e provided by private industry.
Joan Hopkins, 7315 216th Street, Edmonds, said Mayor Fahey's letter answered many questions raised
Senior Center by rumors. She asked how much funding the City provided to the Senior Center and where the funding
comes from.
Mayor Fahey explained $35,000 was allocated in the 1997 budget to assist the Senior Center with
operational costs. Additional funds are allocated for larger maintenance items.. The City is also aware of
the need for several major structural repairs (with costs over $100,000), for which no funding is
available. Further, the Senior Center is not large enough to accommodate future needs. Mayor Fahey
advised the Task Force would consider these issues. She said the Senior Center is leased from the City
for $10/year and all moneys generated by rental of the facility were retained by the Senior Center.
Mayor Fahey offered to answer additional questions in her office and suggested citizens contact the
Senior Center Director.
Henry Larson, 541 3rd Avenue S, Edmonds, advised a notice on the Senior Center bulletin board
Senior Center stated, "Mayor Fahey can no longer give $35,000 to take care of the Senior Center" and questioned how
this miscommunication resulted. He encouraged the City to issue communications, such as Mayor
Fahey's letter to Ms. Jones, more quickly. He asked how the Task Force would be formed.
Mayor Fahey explained each Councilmember would be asked to nominate someone to serve on the Task
Force and the South County Senior Center Board would designate three participants. Similar to other
Board and Commission vacancies, the Task Force would be advertised and participants selected based on
their qualifications and interest in the project. She advised at least 20 people would serve on the Task
Force.
Tony Ferrella, 20722 60th West, Lynnwood, said his understanding was the Senior Center had been
Senior Center donated by a former citizen to the City of Lynnwood, as a permanent public building in perpetuity. He
recalled the Senior Center had similar difficulties three years ago when the Senior Center was to be
located in the old Safeway building. He urged the Council to determine that the Senior Center is a public
building, regardless of repairs needed. He pointed out the Senior Center could be self-supporting.
Mayor Fahey advised the Senior Center was originally purchased by the City of Edmonds with HUD,
grant, and other funds acquired from the area. HUD terms required the facility be used as a Senior
Center for 20 years. Since that time, other moneys have been acquired for maintenance such as ADA
improvements. She explained funds required for the facility are decreasing; Lynnwood is opening its
own senior center and will not donate as much as they have in the past.
Dale Kramer, 23031 80th Place W, (unincorporated) Edmonds, advised he visits the Senior Center
or Center every Friday to talk with seniors. As a professional geologist, he questioned whether the borings would
assess the stability of the parcel upon which the Senior Center sits. He pointed out adequate borings had
been done in the area to assess general stability issues. He urged the City to utilize objective science in
Edmonds City Council Approved Minutes
May 6, 1997
Page 5
making its determination, and not make a decision based solely on costs. He urged the City to develop
creative solutions, utilizing professionals, and volunteered his assistance on the boring rig and sending
soils to a proper lab.
Rich Demeroutis, 921 Pine Street, Edmonds, requested the Mayor write him to explain why members
Workshop of the EMS Board from Lynnwood, Brier and Woodway did not attend the Council's EMS Workshop.
He asked who provided fire protection to Woodway and the unincorporated areas of Esperance.
Mayor Fahey answered fire and Basic Life Support (BLS) services are provided to Woodway by
Edmonds via a contract and to the Esperance area as a result of the negotiations for the purchase of Fire
Station #10. Advanced Life Support (ALS) is provided by Medic 7 via a contract with Fire District 1.
Mr. Demeroutis asked if funding for EMS from Woodway and Esperance was included in the EMS
funding. Mayor Fahey advised $50,000 for ALS is paid directly to Medic 7, not the City. She
encouraged Mr. Demeroutis to discuss these issues with Administrative Services Director Art Housler or
provide .documentation to allow her to research his concerns.
Mr. Demeroutis asked what criteria was established for collecting transport fees. Mayor Fahey
suggested he direct this question to the Medic 7 Board.
Council President Earling appreciated the seniors' attendance at this meeting which enabled them to
better understand the Council's commitment to seniors in the community. He expressed concern that no
one had called him to discuss the Council's position regarding the Senior Center. and urged citizens to
call their Councilmembers. Councilmember Myers also encouraged citizens to call or write
Councilmembers regarding their concerns.
Mayor Fahey declared a brief recess.
Clay 4. MEETING WITH PROPONENTS REGARDING PROPOSED CLAY ENTERPRISES
Enterprises ANNEXATION
Annexation
Current Planning Supervisor Jeff Wilson identified the annexation area on a site map and explained the
City received two petitions indicating interest in annexation to the City of Edmonds. The petitions were
sent to Snohomish County and certified there is at least 76% of the assessed valuation covered by the
petitions, which meets the 10% minimum necessary to initiate an annexation proposal. To consider these
petitions for annexation, the City .Council must, by law, meet with the petitioners to discuss, 1) the
boundaries of the proposed annexation, 2) whether the proposed annexation will be subject to the
existing bonded indebtedness of the City, and 3) whether to require the simultaneous adoption of
proposed zoning regulations for the area. As one of the petitioners was unable to attend the meeting, Mr.
Wilson read the letter from Diana L. Clay, President, North Sound Development, Inc. which requested
the Council approve the annexation and adopt the proposed resolution to prepare the 60% annexation
petitions for signature. Mr. Wilson indicated Ms. Clay was agreeable to the land use designation for the
area and assumption of the existing bonded indebtedness.
Bernice Morton, Managing Partner of Morton Enterprises, and owner of Alpine House
Apartments on 234th. She explained the vacant land extending from the Alpine House property to
Hwy. 99 was placed in a trust, managed by Union Bank of California, and leased to Clay Enterprises for
development. Clay Enterprises has been unable to develop the 'property for numerous reasons. She
Edmonds City Council Approved Minutes
May 6, 1997
Page 6
explained the apartments, built in 1970 and 1974, have 65 units in three buildings, and a swimming pool
and would be an asset to the City's tax base. She requested the Council annex the property to Edmonds.
Council President Earling asked if she was in agreement with the requirements of the staff
recommendation. Ms. Morton replied she was.
Councilmember Miller asked Ms. Morton if she was aware of the existing bonded indebtedness, the
Public Safety Bond passed by voters last year. Mr. Wilson briefly described the bonded indebtedness
and Ms. Morton indicated public safety was one of the reasons she wanted the property to be annexed.
Councilmember Myers asked if the number of registered voters in the annexation area had been
determined. Mr. Wilson explained this annexation process is based upon property ownership which
would not indicate the number of registered voters. Estimates, of the 65 units indicate an approximate
population of 130-140 residents, not all of voting age.
It was the consensus of the Council to move forward with the Hearing on the proposed annexation.
Hearing on
5. HEARING ON PROPOSED CLAY ENTERPRISES ANNEXATION AND CONSIDERATION OF
Clay RESOLUTION NO. 870 TO CIRCULATE FINAL PETITIONS
Enterprises
Annexation
Current Planning Supervisor Jeff Wilson explained the proposed annexation is 7.08 acres located at the
northwest corner of 234th Street Southwest and Highway 99 which is contiguous to Edmonds on the east
and south property lines. Rather than adopting simultaneous zoning, the Council would adopt a zoning
designation comparable to the exiting Snohomish County zoning. The City's Comprehensive Plan and
zoning designations for Hwy. 99 are comparable to the exiting zoning; therefore, upon annexation there
would be no noticeable difference for property owners or the City. The property on Hwy. 99 would be
zoned General Commercial and a Multi -Family designation, RM -1.5, would be applied to the western
portion of the property (Alpine House). The existing bonded indebtedness consists of the Public Safety
Bond assessed at a maximum projected rate charged to property owners of approximately $0.29 per
$1,000 of assessed valuation for 20 years beginning in 1997. The resolution authorizes staff to prepare
and circulate the 60% annexation petition for collection of signatures, followed by certification by
Snohomish County and preparation of the appropriate documents for final review and approval by the
Boundary Review Board.
Bernice Morton, applicant, had no additional comments and reiterated her request that the Council
annex the property to Edmonds.
Mayor Fahey opened the public participation portion of the hearing.
Dale Kramer, 23031 80th Place W, (unincorporated) Edmonds, indicated his property was north of
Clay Enterprises and west of the Alpine House apartments. He said Snohomish County is in the process
of permitting an 18 unit housing development on the vacant property west of Alpine House. He
suggested the City consider "risk management" regarding surface water runoff prior to proceeding with
the annexation. He noted Esperance got its name from a sand layer which allows water to percolate
through it to, the silt layers and cause debris flows. He pointed out the existence of a spring in the Alpine
House area. He encouraged the City to proceed with proper planning, good science and engineering, as
over building would flood their neighborhood.
Mayor Fahey closed the public participation portion of the hearing and remanded the matter to Council.
Edmonds City Council Approved Minutes
May 6, 1997
Page 7
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO INCORPORATE THE FOLLOWING INTO THE ANNEXATION
RESOLUTION, 1) THE PROPOSED ANNEXATION BOUNDARIES AS SHOWN ON EXHIBIT 2
ARE ACCEPTABLE, 2) THE CITY SHALL NOT SIMULTANEOUSLY ADOPT ZONING
Reso #870 - REGULATIONS FOR THE AREA. INSTEAD, THE ZONING DESIGNATION FOR THE AREA
Authorizing SHALL BE "GENERAL COMMERCIAL - CG" FOR.THE EASTERN HALF AND "MULTIPLE
60% Annexation RESIDENTIAL, 1,500 - RM -1.5", WHICH IS CONSIDERED COMPARABLE ZONING, AS
Petitions - Clay
Enterprises PERMITTED BY ECDC SECTION 17.00.020.E, AND 3) THE PROPOSED ANNEXATION AREA
Annexation SHALL BE SUBJECT TO THE EXISTING BONDED INDEBTEDNESS OF THE CITY. THE
COUNCIL ADOPTS RESOLUTION NO. 870, AUTHORIZING THE PREPARATION AND
CIRCULATION OF THE 60% ANNEXATION PETITIONS FOR SIGNATURE.
Councilmember Haakenson observed what would be built on the property was not an issue at this time.
City Attorney Scott Snyder explained the resolution adopted comparable zoning, which was the extent of
the Council's involvement with the use of the property at this time.
MOTION CARRIED.
6. HEARING ON A REQUEST TO VACATE A TRIANGULAR PIECE OF UNDEVELOPED
Request to RIGHT-OF-WAY ADJACENT TO THE WEST SIDE OF FIRDALE AVENUE WITH
Vacate Right of APPROXIMATELY 210 LINEAR FEET OF FRONTAGE ON FIRDALE AVENUE LYING
way/secure
Capital /File NORTH OF THE VACATED PORTION OF THE 240TH STREET SOUTHWEST RIGHT -OF -
ST -97-8 WAY (Applicant: Secure Capital Inc / File No ST -97-8)
Current Planning Supervisor Jeff Wilson displayed a map of the area and identified the triangular
undeveloped right-of-way requested to be vacated and the petitioner's property. He explained the
petitioner's property fronts on the undeveloped right-of-way proposed to be vacated. Street Vacation
criteria requires Snohomish County to determine the underlying ownership of the property and return the
property to the original underlying interest. In this case, there is no guarantee the property would be
vacated to the petitioner as the original ownership of the property is located on the east side of Firdale
Avenue. He pointed out the Council packet included analysis of the vacation request as well as the
appraisal. Staff does not agree with the value established by the appraisal.
Mr. Wilson explained the Council had two options, first, not authorize the vacation at this time until staff
has had an opportunity to review the City's Official Street Map and apply it to the recently annexed
areas. Although City Engineer Jim Walker stated, in his estimation, there does not appear to be a need
for this undeveloped portion of the right-of-way; however, without a full analysis, this cannot be
confirmed. The second option would be to authorize vacation of the right-of-way and establish the value
if sufficient information exists to proceed with the vacation request. He pointed out the City lacks
sufficient information from Snohomish County to establish the value as it is unknown whether the right-
of-way was dedicated to the City (value to vacate would be 50% of its appraised value) or if the property
was deeded to the City by purchase (value to vacate would be 100% of its appraised value).
Councilmember White asked what were the requirements for reviewing the Street Map in this area. Mr.
Wilson explained the Street Map is adopted as part of the Comprehensive Plan; therefore, the City is
limited to amendments once per year. The City is currently in the process of completing an amendment
to the Comprehensive Plan; the Official Street Map for this area is not included in the amendment and
would likely be included in next year's process. There are provisions included in the GMA regarding
Edmonds City Council Approved Minutes
May 6, 1997
Page 8
emergency reviews of the Comprehensive Plan such as new annexations; however, this area was annexed
over one year ago.
Councilmember Myers asked if there were other uses for this property if it were not vacated, such as a
mini -park. Mr. Wilson answered he has not talked with Parks and Recreation Department but the
property is very narrow. Whether it could be used for other public activities had not been explored.
City Attorney Scott Snyder advised without the information regarding the City's ownership, staff
assumes this is a right-of-way easement which limits it to street uses.
Council President Earling asked Mr. Wilson to describe staffs concerns regarding the appraisal. Mr.
Wilson explained a request has also been made to subdivide the property. Without the vacation,
sufficient area exists to subdivide the petitioner's property into only two lots. With the right-of-way
vacation, there is potential to subdivide the property into three lots. Staff believes the value of the
property should be based on the additional value the property owner would realize by subdividing the
property into three lots (instead of two); the appraisal considers only the value of the small triangular
piece of property.
Mr. Snyder explained this was a legislative hearing; the Council is the sole determiner of the public's
best interest. The vacation process did not assure the petitioner would receive the property and staff was
uncertain at this time whether the property was dedicated or deeded to the City. He referred to the letter
the Council received regarding future use of the property as an Adult Family Home and explained future
use of the property was not an issue and the Fair Housing Act Amendments and other State Law permit
Adult Family Homes in all residential areas of the City.
Jerry Greer, President Secure Capital, Inc. and owner of the property, observed there appeared to be
two issues, 1) the appropriateness of the street vacation, and 2) assessed valuation. He agreed with the
Planning Department's recommendation to hire another appraiser to determine the property's value. He
pointed out 100th Avenue West has steep banks and only access is from Firdale Avenue. If the vacation
is not granted, he will request an easement across the property, further limiting its use to the City. He
displayed a chart illustrating the economic benefits to the City by the development of a third lot and
home—over $2,000 in tax dollars ($1,200 for the City of Edmonds). He noted timing is important to him
as the property would be subdivided into two lots soon if the street vacation was not granted. He pointed
out the street vacation was an opportunity for the City to be paid for the undeveloped right-of-way and to
receive tax dollars over a period of time. He explained when the property was first purchased, he spoke
with Mrs. Blalock about the possibility of building an Adult Family Home; however, those plans have
since been abandoned and they have no intention of building an Adult Family Home on the property. He
requested the Council approve staffs recommended Option 2 (approve the vacation) and allow the
Planning staff to work out the details regarding the appraisal. Benefits to the community would include
development of the property, increasing the City's tax base, and elimination of an unmaintained vacant
lot, possible liability to the City, and traffic concerns. The vacation would also enhance the City by the
addition of quality housing.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO
EXTEND THE HEARING FOR TEN MINUTES. MOTION CARRIED.
Mayor Fahey opened the public participation portion of the hearing.
Edmonds City Council Approved Minutes
May 6, 1997
Page 9
Susan Blalock, 7939 186th Street SW, Edmonds, spoke on behalf of her mother who owns the property
south of the triangular undeveloped right-of-way. She and her mother objected to the City's vacation of
this land as they believed it would make a hazardous road even more dangerous for drivers and nearby
residents. She explained Firdale Avenue drivers are frequently unaware that Firdale Avenue merges into
one lane at this point and a number of accidents have occurred. Vacating the triangular piece, and
allowing three additional homes, would significantly increase the hazards. She suggested the right-of-
way vacation may be premature as the City has not yet analyzed the Official Street Map in this area. She
urged the Council to consider safety over any monetary considerations.
Katie McCarrell, 24002 Firdale Avenue, Edmonds, (adjacent to the vacant lot) said her main concern
was traffic on this busy street and merging difficulties which would only be worsened by additional
homes. She noted possibly widening the road or changing where the merge occurred could be
accomplished if vacation of this right-of-way was denied.
Max Meyring, 23423 Hwy. 99, Edmonds, described the dimensions of the property and channelization
of the roadway in this area. As a land use consultant, he felt the addition of two or three new houses in
the area would slow traffic due to removal of vegetation and the existence of driveways. He said the
highest and best use of the property was to convert it to residential property. He expressed concern with
developing the property as a mini park.
There being no one else present wishing to address this issue, Mayor Fahey closed the public
participation portion of the hearing.
Mr. Greer pointed out his plans were to live in the house on the south end of the property; therefore, he
would also be concerned with traffic in the area. He felt traffic concerns could be addressed during the
short plat process. He also felt developing the property with houses would alert drivers and cause them
to slow down around the curve. He urged the Council to adopt Option 2.
Mayor Fahey closed the public hearing and remanded the matter to Council for deliberation.
Councilmember Van Hollebeke said he was usually supportive of an improvement to the City and
economic development to increase the City's tax base. However, he was concerned with this vacation
because the City had not analyzed the Official Street Map, the wide discrepancy between the property
evaluation, and the Blalock's objection. He did not support proceeding with the vacation at this time.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAARENSON, TO
EXTEND THE HEARING FOR TEN MINUTES. MOTION CARRIED.
Councilmember White pointed out the triangular undeveloped right-of-way is critical to development of
the petitioner's property as it is the only access to his property from the west due to topography in this
area. Further, it did not appear practical to expand Firdale Avenue in this area or to use the property as a
park. He supported vacation of the property although he agreed with staffs concern over the appraisal as
it did not appear to be a reasonable market value.
Councilmember Myers was satisfied the undeveloped right-of-way could not be used for streets.
Although he favored vacation of the property, he preferred a fair market value be established prior to
vacation.
Edmonds City Council Approved Minutes
May 6, 1997
Page 10
Councilmember Haakenson pointed out the Council was unable to determine if this was in the public's
interest as no Official Street Map of this area had been developed. Further, the City was not yet certain
how the property had been obtained. He agreed the property likely would be vacated in the future;
however, due to the need for additional information, he supported Option 1 (denial of the vacation
request).
Council President Earling was concerned the City was not certain how the property was obtained and he
was concerned with the property appraisal. He agreed the triangle likely was not needed, but this
information had not been confirmed by analysis of the Official Street Map. He disagreed with the
argument that additional houses would slow traffic.
COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER WHITE, TO
DENY THE VACATION REQUEST BECAUSE IT IS IMPOSSIBLE TO MAKE A
DETERMINATION AS THERE IS NO COMPREHENSIVE PLAN, COMPREHENSIVE STREET
PLAN, OR OFFICIAL STREET MAP.
Mr. Snyder pointed out if the Council denied the vacation request, the applicant must reapply, pay
another fee, and submit another re -appraisal. If the Council continued the matter until development of
the Comprehensive Plan for this matter, the applicant would be saved another application fee.
COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO
AMEND THE MOTION TO CONTINUE THE MATTER.
Councilmember Haakenson asked staff to explore the emergency provisions regarding a Comprehensive
Plan amendment. Mr. Wilson advised staff would seek the advice of the City Attorney due to the length
of time since this area was annexed into the City.
Councilmember Myers recommended a more accurate appraisal and a history of how the land was
acquired be provided when the Council reviewed this issue again.
Mr. Snyder suggested the City obtain an ownership report and have the property appraised via the use of
the third party consultant process. The amendment was restated as follows:
TO TABLE THE MATTER, PENDING DEVELOPMENT OF A COMPREHENSIVE PLAN
ELEMENT ADDRESSING STREETS IN THE AREA, THE PREPARATION OF AN OWNERSHIP
REPORT REGARDING THE HISTORY OF THE PROPERTY AND DEVELOPMENT' OF A
SECOND INDEPENDENT APPRAISAL AT CITY'S EXPENSE.
AMENDMENT CARRIED.
MAIN MOTION AS AMENDED CARRIED, COUNCILMEMBER WHITE OPPOSED.
7. PRESENTATION AND DISCUSSION OF STORMWATER AND SEWER RATE STUDY
Stormwater FINDINGS
and Sewer
Rate Study
Community Services Director Paul Mar explained numerous discussions have occurred with the Council
regarding storm water and sewer rates during the past four years'. In January 1997, Financial Consulting
Solutions Group (FCSG) was selected to perform a stormwater sewer utility rate study.
Edmonds City Council Approved Minutes
May 6, 1997
Page 11
Mr. Mar displayed a City utility bill, pointing out the statement included at Council direction, "Did you
know that approximately 12% of your sewer bill pays for City-wide storm drainage maintenance and
construction projects?" He noted the key to the rate study was the ending balance of Fund 411 and what
was needed to maintain it in the future. He displayed a chart of Fund 411, illustrating the ending cash
balance during 1993 - 1996 was approximately $2 million and the estimated ending cash balance for
1997 was estimated to be slightly over $500,000. He explained funds are transferred from the 411 Fund
to the 111 Fund for stormwater operations. He displayed the 411 Fund balance forecast, pointing out a
negative balance would occur after 1997 if the current rate structure continued.. A negative balance in
the Utility Fund cannot be allowed; therefore, a way must be determined to maintain the ending cash
balance above zero in the future. He described the six assumptions used to determine the sewer revenue
requirements.
City Engineer Jim Walker explained stormwater was originally handled by conveying the water through
the system as fast as possible. In the late 1970's individual properties were required to retain what they
created to reduce impacts downstream. In the mid 1980's it was realized there were also water quality
impacts of stormwater in addition to quantity. At that time the Legislature formed the Puget Sound
Water Quality Agency which developed plans for water quality and have all agencies develop common
standards and ordinances. Edmonds was required to develop a basin as well as a comprehensive program
by 2000. The Capital Improvement Program in the most recent basin study, adopted as part of the
Comprehensive Plan, was used to develop the rate study.
Public Works Superintendent Noel Miller described the public mandates affecting the cost of sanitary
sewer and stormwater treatment—primary to secondary treatment, dechlorination of treated effluent,
discharge permits, Department of Ecology standards for stormwater (storm system cleaning frequency,
protection of aquatic habitat and streams, reporting and monitoring requirements), Health Department
standards (stormwater waste disposal and street sweeping waste disposal), and Department and Labor
Industries standards (confined space regulations and shoring and trenching requirements).
Tracey Dunlap, Financial Consulting Solutions Group, described the reasons for the rate study and
the impacts on sanitary sewer and stormwater rates. She explained the rate study determined the percent
of increase necessary to produce required revenues as well as how the revenues are generated (who pays
and how much). As service rates are allocated to customer classes based on demands, the percentage of
increase to individual customers would vary from the percentage increase in overall revenues. She
explained sanitary sewer and stormwater rates were considered separately.
To meet the City's revenue needs in 1998, a 17.8% overall sewer rate increase will be needed in 1998,
10.5% in 1999, 10.5% in 1999, followed by rate stabilization (assuming there are no new.mandates or
capital programs). She described the components of the existing monthly combined sewer (sanitary and
storm) rate ($18.10 per month for single family and multi -family customers, of which approximately
15% is stormwater).
Ms. Dunlap stated that in the existing Edmonds combined sewer rate, a non-residential customer is
charged based on volume, and single and multi -family residences by units, but allocation based on
demand results in different shares of revenues generated by classes. Sanitary sewer cost of service and
rate findings indicated multi -family demands per unit are approximately 70% of the single family
demand per unit. Therefore, the multi -family proposed cost of service would decrease slightly (4.2%)
based on their share of the demand and be picked up by single family (28.5% increase) and non-
residential. She noted findings were based on winter water usage.
Edmonds City Council Approved Minutes
May 6, 1997
Page 12
Ms. Dunlap explained current non-residential rates were based totally on water volumes; a fix (base)
charge was recommended ($2.21/unit) as well as an increased volume charge (from $1.87/ccf to
$2.51/ccf.
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
MYERS, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED.
Ms. Dunlap displayed the projected single family sanitary sewer rates for 1998 - 2002 ($19.77 in 1998,
$21.84 in 1999, $24.14 in 2000, $24.35 in 2001, and $24.35 in 2002).
Ms. Dunlap explained the major change in separating out stormwater is, instead of billing a fixed per unit
based on sewer accounts for residential customers and water usage for commercial, it would now be done
based on an equivalent service unit (ESU) basis. She explained an equivalent service unit basis considers
how much of a parcel is covered with impervious surface.
Mr. Mar displayed an aerial photograph illustrating areas in the City with pervious and impervious
surfaces. He displayed a grid representing equivalent service units (one square approximates 3,000 sq.
ft. which is the impervious area covered by an average single family home) and illustrated (by laying the
grid over an aerial photo of the Public Works site) how stormwater rates for that parcel would be
assessed based on a rate of 36 equivalent service units.
Councilmember Myers asked if an assessment of individual homes would be done. Ms. Dunlap replied
most commonly, a single family parcel average is selected. Aerial photographs and development records
are used to measure pervious surface on individual non-residential parcels to calculate the number of
equivalent service units.
Councilmember Myers asked if exceptions would be allowed if a citizen had substantially less than the
average coverage. Ms. Dunlap replied if this was allowed, it was important the City have strict
guidelines regarding what constitutes "substantially less."
Ms. Dunlap described the revenue distribution by customer class under the existing combined rate and
equivalent service units, noting a separate stormwater fee based, on equivalent service units increased the
non-residential share substantially and reflects the significantly higher proportion of impervious surface
area within this class.
Ms. Dunlap described assumptions used to determine the stormwater revenue requirements. She
described two capital funding options, A) spending $300,000 per year on capital and deferring needs
exceeding this amount to a later date, or B) issuing debt to build all projects as scheduled in the CIP
(debt produces slightly higher rates). Their study focused on managing capital programs so debt was not
necessary.
For Councilmember Myers, Ms. Dunlap advised approximately $800,000 in capital projects would be
deferred beyond 2002 in Option A. Option B issues $930,000 in debt to complete all capital projects by
2000.
Ms. Dunlap explained the stormwater rate for single and family is recommended to be $3.70 per
equivalent service unit.
Edmonds City Council Approved Minutes
May 6, 1997
Page 13
She explained the estimated total cost of sewer and stormwater for 1998 impacts for single family (from
$18.10 to $23.47 or a 29.6% increase), multi -family (from $18.10 to $18.17 or a .4% increase), and non-
residential (varied increases). She noted although many non-residential customers would experience a
large increase, they had been paying very little for stormwater in the past.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCH MEMBER HAAKENSON, TO
EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED.
Mr. Mar explained if the proposed rate increases were implemented, a negative cash balance in the 411
Fund would no longer occur through 2002. He displayed a monthly utility rate comparison of other local
jurisdictions, noting the state-wide average in 1996 was $44.36. Edmonds' proposed 1998 combined
water, sewer, and storm rate would be $42.76. He noted all other cities in the comparison had done rate
studies within the last five years due to mandates imposed on all jurisdictions within the State of
Washington. He advised the rates were proposed to be increased January 1998. He requested the
Council provide direction on how to educate citizens, particularly non-residential customers.
With this proposed rate increases, Councilmember Myers observed General Fund moneys would no
longer be necessary for sewer and stormwater.
Council President Earling suggested Mayor Fahey, Mr. Mar and he meet during the next week to identify
a timetable for public input and to determine the number of public meetings. Councilmember Myers
suggested the Community. Services Committee Chair also be included.
Councilmember Van Hollebeke complimented the consultants and staff for a very comprehensive job
and a compelling case for revising the rate structure. He supported the concept of presenting this to
commercial property owners and providing advance notice to residents serviced by Olympic View Water
and Sewer.
8. MAYOR
Fire Service Mayor Fahey advised the Lynnwood City Council held a special meeting to reconsider their participation
consolidatio„ in the fire service consolidation study. Unfortunately, they again rejected the idea by a 3-4 vote and will
not participate in the study. Woodway, Mountlake Terrace, Edmonds, and Fire Districts 1 and 11 have
passed the resolution; Mukilteo also opted not to participate at this time. She requested Council
President Earling designate two Councilmembers to participate on the oversight committee to develop
the RFP and to work with the consultant. Council President Earling asked any interested
Councilmembers to contact him.
Seniorcenter . Mayor Fahey asked each Councilmember to recommend someone for the Citizens Senior Center Task
Task Force
Force.
Mayor Fahey announced the first Mayor's Budget Roundtable would be held Monday, May 12 from 7:00
Budget
Roundtable - 9:00 p.m. in the Library Plaza Room. A comprehensive overview of the budget would be provided and
input from citizens requested. Also, an Affordable Housing Forum is scheduled for May 13 from 1:00 -
4:00 p.m. in the Library Plaza Room. Several stakeholders in the development of affordable housing
have been invited and she encouraged citizens to participate in the process.
Edmonds in Mayor Fahey next encouraged citizens to participate in the Edmonds In Bloom program, noting citizens
Bloom may enter the judging competition until June 20.
Edmonds City Council Approved Minutes
May 6, 1997
Page 14
Mayor Fahey requested the Council confirm Careen Rubenkonig's appointment to the Architectural
Design Board.
ointment
to ADB COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER HAAKENSON,
TO CONFIRM THE APPOINTMENT OF CAREEN RUBENKONIG TO THE ARCHITECTURAL
DESIGN BOARD. MOTION CARRIED.
9. 1COUNCIL
Councilmember Haakenson .reported the Medic 7 program administers funds through member
Medic assessments and the Advanced Life Support response for citizens is an obligation all share. He noted
Fire District 1's withdrawal from Medic 7 in 1996 created a funding crisis and although funding was
identified to maintain the Medic 7 program for 1997, this instability remains for 1998. As the Medic 7
interlocal agreement requires anyone withdrawing from the program to give notice to the Board by July
1, he recommended the City of Edmonds commit to continuing the Medic 7 program through 1998 at the
current level of service.
COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS,
THAT THE EDMONDS CITY COUNCIL SUPPORT THE CONTINUANCE OF THE MEDIC 7
PROGRAM THROUGH JUNE 1998 WITH SERVICE PROVIDED AT THE CURRENT LEVEL
AND COUNCIL PRESIDENT EARLING WRITE A LETTER TO THE MEDIC 7 BOARD
STATING THE CITY'S SUPPORT. MOTION CARRIED.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO EXCUSE COUNCILMEMBER WHITE FROM THE APRIL 29, 1997
n e 7
COUNCIL MEETING. MOTION CARRIED.
Councilmember Miller thanked Mayor Fahey for her responsiveness to the Senior Center issue.
In response to Mr. Albano's comments, Councilmember Van Hollebeke said he was surprised Mr.
Albano, who was a Lynnwood City Councilmember in the 1970's, would suggest the City have a
different form of government than Lynnwood—Council/Mayor—which he felt worked very effectively.
He was disappointed Mr. Albano continued to suggest there were misdeeds in City government by the
Council or Mayor and that examples such as the Council salary, Council retreat, EMS, and the Mayor's
inappropriate operation of the meeting were often cited without accurate information. Councilmember
Van Hollebeke supported citizen involvement and identification of any misdeeds; however, he felt it was
counterproductive for citizens to use inflammatory language. He noted Mr. Albano immediately
departed the Council meeting after making his comments to the Council. He offered to speak with Mr.
Albano and suggested he work for change in an appropriate manner without using inflammatory rhetoric.
With no further business, the Council meeting was adjourned at 10:37 p.m.
_BARBARA S. FAHEY, MAYOR SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
May 6, 1997
Page 15
AGENDA
,0 "r EDMONDS CITY COUNCIL
Plaza Meeting Room - Library Building
650 Main Street
7:00 -10:00 p.m.
MAY 6, 1997
SPECIAL MEETING
6:45 P Iltl INT I2VI 31V CAND1nATr= OEt'THEARCFIITEC.- URAL DESIGU EO15 .
7:00 P.M. - CALL TO ORDER
FLAG SALUTE
1. APPROVAL OF AGENDA
2. CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 29, 1997
(C) APPROVAL OF CLAIM WARRANTS #15185 THRU #17238 FOR THE WEEK OF APRIL 28, 1997, IN THE
AMOUNT OF $327,929.24; AND APPROVAL OF PAYROLL WARRANTS #15889 THRU #16088 FOR THE
PERIOD OF APRIL 16 THROUGH APRIL 30, 1997, IN THE AMOUNT OF $457,137.44
(D) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH JUDITH
STOLOFF TO ASSIST WITH EDMONDS HOUSING FORUM ($2,040)
(E) AUTHORIZATION FOR MAYOR TO SIGN SERVICE AGREEMENT FOR SOLIDS HAULING AND DISPOSAL
(F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH CHAVOND-
BARRY ENGINEERING CORPORATION FOR VALUE ENGINEERING
(G) REPORT ON BIDS RECEIVED FOR THE REPAIR TO THE INCINERATOR AND RELATED EQUIPMENT AND
AWARD OF CONTRACT TO C.H. MURPHY/CLARK-ULLMAN ($10,300)
(H) AUTHORIZATION TO CALL FOR BIDS FOR 100TH AVENUE WEST OVERLAY PROJECT
(1) AUTHORIZATION TO NEGOTIATE CONTRACT FOR BRACKETT'S LANDING NORTH SEAWALL REPAIR
WITH REID MIDDLETON, INC.
(J) APPROVAL OF 1997 -1998 SEIU LABOR AGREEMENT
(K) APPROVAL OF 1997 -1998 PUBLIC WORKS TEAMSTERS LABOR AGREEMENT
3. AUDIENCE (3 minute limit per person)
4. (20 Min.) MEETING WITH PROPONENTS REGARDING PROPOSED CLAY ENTERPRISES ANNEXATION
5. (20 Min.) HEARING ON PROPOSED CLAY ENTERPRISES ANNEXATION AND CONSIDERATION OF PROPOSED
RESOLUTION TO CIRCULATE FINAL PETITIONS
6. (30 Min.) HEARING ON A REQUEST TO VACATE A TRIANGULAR PIECE OF UNDEVELOPED RIGHT-OF-WAY
ADJACENT TO THE WEST SIDE OF FIRDALE AVENUE WITH APPROXIMATELY 210 LINEAR FEET OF
FRONTAGE ON FIRDALE AVENUE, LYING NORTH OF THE VACATED PORTION OF THE 240TH STREET
SOUTHWEST RIGHT-OF-WAY (Applicant: Secure Capital, Inc. / File No. ST -97-8)
CITY COUNCIL MEETING AGENDA
MAY 6, 1997
PAGE 2
7. (60 Min.) PRESENTATION AND DISCUSSION OF STORMWATER AND SEWER RATE STUDY FINDINGS
8. (5 Min.) MAYOR
9. (15 Min.) COUNCIL
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Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations.
The Council Agenda appears on Chambers Cable, Channel 32.
Delayed telecast of this meeting appears the following Wednesday, Friday'and Monday at noon on Channel 32