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01/06/1998 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES JANUARY 6, 1998 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Gary Haakenson, Council President Dave Earling, Councilmember John Nordquist, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Thomas A. Miller, Councilmember Michael Plunkett, Councilmember ALSO PRESENT Lisa Shin, Student Representative STAFF PRESENT Michael Springer, Fire Chief Robin Hickok, Police Chief Paul Mar, Community Services Director Arvilla Ohlde, Parks and Recreation Director Art Housler, Administrative Services Director Jeff Wilson, Planning Supervisor Noel Miller, Public Works Director Brent Hunter, Human Resources Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder ADMINISTRATION OF OATHS OF OFFICE TO NEWLY ELECTED OFFICIALS City Attorney Scott Snyder administered the Oath of Office to newly elected Councilmember Michael Plunkett. South District, Court Judge Tim Ryan administered the Oath of Office to newly elected Councilmember Gary Haakenson. South District Court Judge Stephen Dwyer administered the Oath of Office to newly elected Councilmember Thomas Miller. Mayor Fahey introduced the new Student Representative, Lisa Shin, noting she would be officially introduced during Agenda Item #8. Mayor Fahey recessed the meeting for a short reception in honor of the newly elected officials. Following the reception, Mayor Fahey reconvened the meeting at 7:32 p.m. 1. APPROVAL OF AGENDA Change to COUNCIL PRESIDENT EARLING MOVED, - SECONDED . BY COUNCILMEMBER Agenda HACKENSON, TO ADD "A CHRONOLOGY OF WATERFRONT PARK/TIDELAND NEGOTIATIONS" AS AGENDA ITEM 10A. MOTION CARRIED. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE,'FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED. Edmonds City Council Approved Minutes January 6, 1998 Page 1 2. CONSENT AGENDA ITEMS COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION CARRIED. The agenda items approved are as follows: (A) ROLL CALL Approve (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 11 1997 12/11 Minutes Approve (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 16, 1997 12/16 Minutes Approve (D) APPROVAL OF CLAIM WARRANTS #19468 THRU #22027 FOR THE WEEK OF Claim/Payroll DECEMBER 15, 1997, IN THE AMOUNT OF $303,826.34. APPROVAL OF PAYROLL Warrants WARRANTS #19009 THRU #19147 FOR THE PERIOD OF DECEMBER 1 THRU DECEMBER 15, 1997, IN THE AMOUNT OF $334,739.94 Claims for (E) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM DARROL HAUG Damages ($200.61), MICHAEL S. ROMANO ($726.20), MRS. G. E. JENSEN (Amount Undetermined), AND CLASSICO HOMES, INC. ($6,24333) 1997 (F) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 1997 WALKWAY PROJECT Walkway AND COUNCIL ACCEPTANCE OF PROJECT Project Brackett's (G) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH GALLOWAY + Landing Park BARKER LANDSCAPE + ARCHITECTURE FOR LANDSCAPE DESIGN BENEATH South PUBLIC ART TO BE INSTALLED AT BRACKETT'S LANDING PARK SOUTH Out -of -State Travel (H) AUTHORIZATION FOR OUT -OF -STATE TRAVEL Council Resource 1 (1) APPROVAL OF SENIOR EXECUTIVE ASSISTANT'S (COUNCIL RESOURCE Person Contract PERSON) EMPLOYMENT CONTRACT Rcso. #897 - David Eading, Council (J) RESOLUTION NO. 897 COMMENDING COUNCIL PRESIDENT DAVID O. EARLING President FOR HIS SERVICE AS COUNCIL PRESIDENT 3. AUDIENCE Mayor's Al Rutledge, 7101 Lake Ballinger Way, Edmonds, said he disagreed with $5,000 increase in the Salary & Mayor's salary, pointing out the Mayor requested the increase in Council salaries be delayed. He said he Duties has requested a daily record of the Mayor's daily activities three times during the past year and has been told this information was not available. In response to his suggestion that a salary committee be formed, he recalled a Councilmember stated that Councilmembers were volunteers. Mr. Rutledge questioned the progress of the Five Corners fire station. Cultural Arts Leonard French, 5604 225th, Mountlake Terrace, said the most fundamental problems with the & Stadium Cultural Arts and 'Stadium Convention District Board's (CASCD) proposal were the lack of full District disclosure of the facts from the feasibility study and the Gilmore Research Study and information Proposal regarding the financing method. He said although the Yakima, Wenatchee and Bellevue Convention Centers are often used as examples of what CASCD might accomplish, the fact that these facilities lose money each year and how construction projects are financed is not disclosed. He noted the Yakima, Wenatchee, and Bellevue Convention Centers utilize hotel/motel taxes to pay off their construction bonds. CASCD proposes to use property taxes on all residences and businesses although the feasibility Edmonds City Council Approved Minutes January 6, 1998 Page 2 study indicates businesses in downtown Lynnwood will be the primary beneficiaries of increased business they project. He said the feasibility study indicates the importance of grants or contributions for construction and shows 50% as a common figure among similar projects (Kirkland, Bainbridge Island, and Seattle). CASCD, however, proposes to use property taxes to finance 100% of the performing arts portion. Rich Demeroutis, 921 Pine Street, Edmonds, recalled the Edmonds Fire Foundation purchased a thermal imaging camera on December 9, 1997, that is not yet in use due to contractual problems. He Proposal to said this was an issue that should be expedited. He questioned the City's proposal to purchase tidelands Purchase from the Edmonds Waterfront Park Associates, noting the County Assessor's office indicated there was Tidelands no tax assessment for the tidelands. He questioned how the $775,000 value was determined, noting the Port of Edmonds purchased %2 acre of uplands and tidelands at the south end ,of Union Oil Beach for .$30,000. He said the City's proposal was an abuse of grant money and retail tax revenue. He suggested the City purchase the former wrecking yard below Edmonds - Woodway High School for a park for the Firdale area or develop a skateboard park in the City. He stressed the grant funds are not "free money ", . but tax dollars. He said the tidelands are already conserved as they are covered by water much of the time and are not buildable property. Mel Critchley, 705 Driftwood Place; Edmonds, congratulated the new Councilmembers and the entire Council for placing the issue of the Waterfront Park property purchase on the agenda. He said, according Proposal to to the Shoreline Management Act, individuals cannot be prohibited from walking on the beach. He said Purchase Tidelands the City should bring a counter -suit against Waterfront Park Associates because the easement agreement states Waterfront Park Associates is liable for any injuries on the easement and the easement is in "terrible" condition. He said the appraisal of the property considered existing land use regulations, the reasonably possible modification of land use regulations, economic demand, physical. adaptability of the real estate, neighborhood trends, and the highest and best use of the real estate. He summarized his own real estate agent said an appraisal for any value can be obtained. 4. SELECTION OF COUNCIL PRESIDENT Council President Earling commented that Councilmember Haakenson has shown a tremendous amount of leadership on the SnoCom Medic 7 issue and did an excellent job as the City representative on the SnoCom Medic 7 Board. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO NOMINATE COUNCILMEMBER HAAKENSON FOR COUNCIL PRESIDENT. COUNCIL PRESIDENT EARLING MOVED TO CLOSE THE NOMINATIONS. F on of VOTE ON THE NOMINATION OF COUNCILMEMBER HAAKENSON FOR COUNCIL ncilson PRESIDENT WAS TAKEN AND PASSED, COUNCILMEMBER HAAKENSON ABSTAINED. ncil nt Mayor Fahey said it had been a pleasure working with Council President Earling during the past two years and she looked forward to working with Council President Haakenson. 5. SELECTION OF COUNCIL PRESIDENT PRO TEM Councilmember Miller commented that Councilmember Van Hollebeke demonstrated tremendous leadership in the community on both local and regional issues, including the Police Chiefs Roundtable, adult entertainment, and the aquatic center. Edmonds City Council Approved Minutes January 6, 1998 Page 3 COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO NOMINATE COUNCILMEMBER VAN HOLLEBEKE FOR COUNCIL PRESIDENT PRO TEM. COUNCILMEMBER MILLER MOVED THAT THE NOMINATIONS BE CLOSED. Selection of Dick Van Hollebeke as VOTE ON THE NOMINATION OF COUNCILMEMBER VAN HOLLEBEKE FOR COUNCIL Council President PRESIDENT PRO TEM WAS TAKEN AND PASSED, COUNCILMEMBER VAN HOLLEBEKE Pro Tern ABSTAINED. Commending D. Earling for Service as Council President Appointment of Council - members to Committees 6. PRESENTATION OF PLAQUE AND RESOLUTION TO COUNCIL PRESIDENT DAVID O. EARLING Council President Haakenson read a Resolution commending Councilmember Earling for his service as Council President from January 1997 through December 1997, the second consecutive year. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR APPROVAL OF RESOLUTION NO. 897 COMMENDING DAVID O. EARLING FOR HIS SERVICE AS COUNCIL PRESIDENT. MOTION CARRIED, COUNCILMEMBER EARLING ABSTAINED. Council President Haakenson presented a plaque to Councilmember Earling expressing appreciation for his service and dedication to the Edmonds City Council as Council President. Councilmember Earling said it was a treat to work with the Council over the past two years. Noting there had been a number of contentious issues, he was proud the Council had been able to debate the issue, take a vote, and continue without carrying a grudge toward one another. He said the citizens expect the Council to have vigorous debate but also expect them to be civil. He said the biggest treat is creating good public policy and getting to know each Councilmember better. Mayor Fahey acknowledged Lynnwood Councilmember George Janecke in the audience and noted Lynnwood Councilmember Ned Daniels had also been present for the reception. 7. COUNCIL PRESIDENT - APPOINTMENT OF COMMITTEE REPRESENTATIVES Council President Haakenson announced committee appointments as follows: Community Services Committee Finance Committee Public Safety Committee Community Transit Disability Board Medic 7 and SnoCom Professional Consultant Selection Comm. Snohomish Econ. Dev. Council Snohomish County Tomorrow Downtown Parking Comm. Long -Range Financial Task Force Cultural Arts, Stadium & Convention Dist Edmonds Alliance for Econ. Dev. Dick Van Hollebeke and Michael Plunkett Tom Miller and Dave Earling Jim White and John Nordquist Dave Earling and Dick Van Hollebeke (Alt) Tom Miller and Dick Van Hollebeke Gary Haakenson John Nordquist and Jim White Mayor Fahey Mayor Fahey and Jim White (Alt) Michael Plunkett John Nordquist, Jim White and Tom Miller Jim White Dick Van Hollebeke Edmonds City Council Approved Minutes January 6, 1998 Page 4 1 Port of Edmonds Comprehensive Human Resources Comm. Snohomish County Health. District Snohomish County Tourism Edmonds Crossing Project Self Insurance Committee Michael Plunkett John Nordquist, Jim White, and Tom Miller John Nordquist Mayor Fahey Dave Earling Dick Van Hollebeke Mayor Fahey advised Councilmember White is serving on the National League of Cities Criminal Justice Policy Committee. Mayor Fahey advised she was appointed to the National League of Cities Community and Economic Development Committee and will also serve on the Association of Washington Cities Legislative Committee. Lisa shin, 8. INTRODUCTION OF NEW STUDENT REPRESENTATIVE Student Representa- riVe Mayor Fahey introduced the new Student Representative, Lisa Shin, a senior at Edmonds - Woodway High School and described the activities she is involved with including Homecoming Chairman, DECA, the Spirit Club, Student Council, a volunteer for the Northwest Women's Law Center, an active member of Westgate Chapel, and playing the clarinet in the Seattle Youth Symphony. She plans to attend college, possibly majoring in political science. Mayor Fahey explained. Ms. Shin has a 3.8 GPA, is a member of the Honor Society, and is actively involved in the International Baccalaureate Program. Student Representative Shin briefly described the Baccalaureate Program, noting the successful completion of the program allows a student to enter college as a sophomore. She was interested in being a Student Representative on the City Council to learn about local government. Mayor Fahey welcomed Student Representative Shin and encouraged her to ask questions before, during, and after Council meetings. Reso #898 - 9. RESOLUTION NO 898 APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY Appointing J. HEALTH DISTRICT BOARD Nordquist to Health District Board Council President Haakenson explained the Health District requires a formal designation of its City representative. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER EARLING, FOR APPROVAL OF RESOLUTION NO. 898 APPOINTING JOHN NORDQUIST AS ITS APPOINTEE TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD. MOTION CARRIED, COUNCILMEMBER NORDQUIST ABSTAINED. 10. RESOLUTION NO 899 APPOINTING COUNCILMEMBERS TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS Reso 9899 - Appointing D. Council President Haakenson said the Snohomish County Public Transportation Benefit Area Earling to Public Trans. Corporation requires formal designation of its City representative. Benefit Area Corp. Board COUNCIL PRESIDENT HAAHENSON MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR APPROVAL OF RESOLUTION NO. 899 APPOINTING DAVID EARLING AS THE CITY OF EDMONDS REPRESENTATIVE TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS AND DICK VAN HOLLEBEKE AS ALTERNATE. MOTION CARRIED. Edmonds City Council Approved Minutes January 6, 1998 Page 5 Waterfront 10A. CHRONOLOGY — WATERFRONT PARKITIDELANDS NEGOTIATION Park/ Tidelands Negotiation City Attorney Scott Snyder advised there had been a number of requests from citizens and Councilmembers for information prior to the public hearing scheduled for January 20, 1998. He reviewed a chronology of the Waterfront Park/Tidelands negotiations, requesting the Council indicate additional information they would like to have provided. He noted almost all documents regarding this purchase were public record. He explained, beginning in 1960, the City began an acquisition program of walkway, tidelands, and waterfront, including the underwater park, Brackett's Landing North, Brackett's Landing South, agreements for the use of Union Oil Beach and interlocal agreements with the Port for the construction and maintenance of a walkway. With the purchase of the Anderson Marine property known as Brackett's Landing South, the Edmonds waterfront is in public ownership from Union Beach to Brackett's Landing with the exception of the walkway and tidelands at 144 Railroad Avenue (Waterfront Park Associates property) and a walkway portion across the Ebbtide property. In response to a remark made during public comment, Mr. Snyder clarified the Shoreline Management Act guarantees access to the shoreline, it did not eliminate private ownership rights across tidelands. He explained, in June 1994, the City adopted a downtown waterfront plan showing walkway in public ownership designating the City's plan for the waterfront area. Staff understood this reaffirmed the City's eventual goal of public ownership of the beach, tidelands, and walkway along the Edmonds waterfront. On July 1, 1994, Waterfront Park Associates filed a lawsuit against the City relating to a party wall on the Anderson Marine property. Counts 3 and 4 alleged an inverse condemnation -- taking of the Waterfront Park Associates' tidelands and walkway by the City through adoption of its Comprehensive Plan and encouraging public use of the tidelands and walkway area. An appraisal, dated September 29, 1995, was done by Kevin Clarke at the request of Waterfront Park Associates showing "damages" for the purpose of inverse condemnation lawsuit. The 38,674 square foot tidelands was valued at $12.50 to $23.26 per square foot and the 2,262 square foot area of uplands (taking in fee) was valued at $25 to $46.53 per square foot. He noted the City currently has an easement across the back 11.5 feet (along the top of the seawall) although there currently is no seawall and the easement has not been opened by the City. This easement expires January 2001. Mr. Snyder noted there is no separate value for the tidelands as Waterfront Park Associates combined the tideland and upland areas as one tax parcel. He said the Council may wish to request further clarification of this issue prior to the public hearing. On November 27, 1995, Counts 1 and 2 relating to the party wall were settled and that portion of the lawsuit was dismissed. This left Counts 3 and 4, the inverse condemnation. The City is being defended by the Washington Cities Insurance Authority (WCIA); therefore, there are no out -of- pocket costs for that defense at this time. Should the City choose to condemn the property, the City would be responsible for legal fees. In spring, 1996, the Council authorized negotiations with Waterfront Park Associates to obtain a certificate of "willing seller." He noted the grant, because of its structure, inflates the cost of the property purchased because a certificate of willing seller is required. In spring 1997, the Council approved obtaining an appraisal on mutual letter of instruction to support a grant application. He noted the "standard rule of thumb" is that tidelands have one -half to one -third the value of the adjacent uplands. On June 24, 1997, the Council approved the grant application which includes a willing seller certification and an $800,000 estimate of value based on reappraisal by Mr. Clarke. He commented the tidelands only have value to the City of Edmonds, the Port, and Waterfront Park Associates due to limitations on access. Mr. Snyder explained that upon letter of instruction from himself, Mr. Clarke revised the appraisal yielding $775,000 value for the tidelands ($20 per square foot x 338,673 square feet) and $9,000 for the easement area. The value was lowered from the original appraisal by pointing out that the City did not Edmonds City Council Approved Minutes January 6, 1998 Page 6 need ownership of the uplands but only an easement to continue the easement. Mr. Snyder noted the City is creating its own comparables on the waterfront; for example the purchase of the Anderson Marine tidelands at $15 per square foot. Councilmember Earling requested staff provide the following information to Council: Waterfront Plan, language from the Comprehensive Plan indicating the City's history of obtaining public access on the waterfront, the appraisal methodology, information substantiating the value of the Anderson Marine tidelands, and expected escalation from the appraisal of the Anderson Marine tidelands as well as Mr. Clarke's appraisal of the adjacent tidelands. Councilmember White requested staff provide further information regarding the Shoreline Management Act and the misconceptions that individuals have the right to cross private property without the owner's permission. He requested staff provide a brief chronology of previous occasions this issue has been presented to the public and a history of the decision to purchase the property. Councilmember Plunkett observed citizens were questioning the City's proposal to purchase the property because the perception was that Waterfront Park Associates could not use the land. He requested staff provide information regarding what Waterfront Park Associates could do with this property, most importantly, what they could do that would impair public access. Councilmember Van Hollebeke requested staff provide information regarding potential ramifications if the property was not purchased. Mr. Snyder said he planned to provide an analysis of four options, 1) do. nothing, 2) the cost of the proposed option, 3) the cost of condemnation and purchase of the property, and 4) the cost and ramifications if the walkway easement were condemned and ignore the tidelands. He explained Knowland v. California Shoreline's Commission, a U.S. Supreme Court decision five years ago, changed one of the major tools that government entities have to acquire shoreline access. In this case, the State of California required developers to provide access to the waterfront when horizontal strip development occurred along the waterfront. The Supreme Court ruled this was a taking that could not occur without compensation. In the past, the City had the ability to require property owners to mitigate impacts of development by donating public park land or beach access. Mayor Fahey advised there was a public hearing regarding this matter scheduled for January 20, 1998. Councilmember White observed there was a Closed Record Appeal also on the January 20 agenda and requested information be provided prior to the Friday packet. Staff agreed to provide the transcript for the Closed Record appeal with the packet on January 9. Hearing - 11. HEARING ON PROPOSED AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT Amend CODE SECTION 17 05 020 PERTAINING TO THE "REASONABLE ACCOMMODATIONS" ECDC PROCESS FOR GROUP HOMES: SECTION 21.30.010 PERTAINING TO THE DEFINITION OF Re:Group Homes THE TERM "FAMILY ": AND. CHAPTER 20.18 PERTAINING TO THE REGULATIONS GOVERNING "GROUP HOMES." (Applicant: Edmonds Planning Division / File No. C - City Attorney Scott Snyder explained there were two provisions in this matter. First, as part of the settlement in the Oxford House litigation, the City obligated itself by Federal Court order to adopt a reasonable accommodations process. This has been in effect as an interim zoning regulation. He explained this process allowed a person with a disability to request the City do an internal review /adjustment to allow a personal right of use based on an individual's disability. This item is presented to the Council for final adoption of the zoning provision as the interim regulation has expired. Edmonds City Council Approved Minutes January 6, 1998 Page 7 The second issue relates to group homes. Last year, Judge Zilly struck down the City of Bellevue's ordinance, stating restrictions on foster care and other forms of group homes, was discriminatory because it denied children the rights enjoyed by other citizens (group homes for seniors and disabled citizens are required residential uses in every zoning district). Prohibiting children in foster care settings from having this right, it was viewed as discrimination on the basis of age and familial status. The City of Bellevue, in response to this case and in a settlement agreement approved by the District Court, adopted a notification procedure which requires a licensed group home to register with the City and provide information regarding who they are and how they are funded. This information is made available to the public in a public notification procedure and the City holds a public hearing to address any concerns. Edmonds' Planning Board recommended a "scaled down" version of Bellevue's procedure. Mr. Snyder said one item in the proposed Edmonds ordinance (and not in Bellevue's ordinance), which could result in litigation, was an indication that halfway houses and incarceration facilities were not residential choices and not group homes permitted in residential areas of the City. He explained HUD's local enforcement procedure has been if an individual is sentenced or required to reside at a location as a condition of release from an incarceration facility, that is not a residential setting of one's choosing. Unlike the group homes covered by Judge Zilly's decision or Oxford House, those halfway house facilities are not protected by the Fair Housing Act. Council President Haakenson asked the number of public hearings the Planning Board held. Planning Supervisor Jeff Wilson advised the Planning Board conducted four separate meetings, two of which were public hearings. He noted there was no public testimony during the process. Councilmember White asked how the meeting was advertised. Mr. Wilson explained notice procedures for legislative action (as there was not a site - specific proposal) require publication and posting (library, Police Department, and Post Office). Councilmember White asked if the term "group home" was included in the notification. Mr. Wilson said the terms "reasonable accommodation process" and "group homes" were used to identify the topics for the hearings. Council President Haakenson asked Mr. Snyder if he agreed with the proposed amendments. Mr. Snyder answered the City's adoption of Bellevue's procedure was a "safe harbor" but maintained the specific distinction regarding the difference between a group home in which a person chose to reside and one in which an individual is required to reside. Councilmember Miller asked if the exclusions included education facilities such as an alternative school. Mr. Wilson said schools are classified in most residential zones as community facilities and are permissible with a Conditional Use Permit which includes a public process. Mr. Snyder noted the materials forwarded to the Planning Board included community surveys regarding the community impact from group homes. The findings indicate the group homes had no discernible community impact, provided they were properly staffed and operated. This is the reason Bellevue has chosen to educate the community regarding staffing levels, operation, and maintenance requirements and allow citizens to provide input. Mayor Fahey opened the public participation portion of the hearing. Jeff Mitchkini, 8709 188th SW, Edmonds, said the proposed change, involving neighbors in the community, was a step in the right direction and would permit sharing of information. He observed the Edmonds City Council Approved Minutes January 6, 1998 Page 8 Planning Board and the City Attorney discussed this issue very thoroughly, even though there had not been a lot of public involvement. He urged the Council to vote in favor of the amendment. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, said the City needed to increase its notification to ensure citizens were aware this issue was under consideration. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER MILLER, TO EXTEND THE DISCUSSION OF THIS ITEM FOR FIVE MINUTES. MOTION CARRIED. Steve Ikner, 18410 90th Avenue W, Edmonds, said the proposed procedure was a start and was very important to him and their neighborhood. Mayor Fahey closed the public participation portion of the hearing and remanded the matter to Council for deliberation. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEI E, TO ADOPT ORDINANCE NOS. 3183 AND 3184. Council President Haakenson thanked the Planning Board for their efforts in developing these ordinances. Councilmember White observed this topic was very important to the citizens of Edmonds and was taken to the United States Supreme Court because citizens demanded it. He was astonished there was no participation at any of the four meetings held by the Planning Board. He commended the Planning Board for the development of the ordinances. MOTION CARRIED. The ordinances approved are as follows: Ord. x3183 - ORDINANCE NO. 3183 OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE Amend PROVISIONS OF SECTION 17.05.020 TO REPLACE THE WORD "HEARING" WITH "INPUT ECDC ozo and INTO THE ADMINISTRATION PROCESS ", ADOPTING CHAPTER 17.05 AS A FINAL Adopt Ch. ZONING REGULATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME 17.05 EFFECTIVE. Ord. #3184 - ORDINANCE NO. 3184 OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE Amend ECDC PROVISIONS OF SECTION 21.30.010 DEFINING "FAMILY" TO INCLUDE APPROPRIATELY 21.30.010 & STATE LICENSED FOSTER HOMES, SECTION 16.30.010(A)(4) PERMITTED USES, 16.30.010(A)(4); &. Re -enact Ch. REPEALING AND RE- ENACTING CHAPTER 20.18 GROUP HOMES, AND F13UNG A TIME 20.18 Group WHEN THE SAME SHALL BECOME EFFECTIVE. Homes Mayor Fahey thanked staff for preparation of the materials for the Planning Board and Council. Hearing - 12. HEARING ON PROPOSED AMENDMENTS TO EDMONDS COMMUNITY DEVELOPME NT Amend CODE SECTION 20.00.010 PERTAINING TO THE APPLICATION DEADLINE FOR FILING ECDC - REQUESTS TO AMEND THE COMPREHENSIVE PLAN. (Applicant: Edmonds Planning Amend Comp Division / File No. CDC-97 -150) Plan Ir(Councilmember Van Hollebeke left the meeting at 8:55 p.m.) Planning Supervisor Jeff Wilson explained adoption of the Growth Management Act (GMA) permitted cities only to amend their Comprehensive Plan on an annual basis. This required cities to develop a Edmonds City Council Approved Minutes January 6, 1998 Page 9 mechanism and firm date for submittal of Comprehensive Plan amendments. The City's current ordinance establishes that date as November 1; staff requests this deadline be changed to December 31. Staff proposes there would be a one -time exception for the Comprehensive Plan amendments considered in 1998 by extending the deadline to the end of the last business day in January (January 30). Mayor Fahey opened the public participation portion of the hearing. There were no members of the public who wished to provide testimony; Mayor Fahey closed the public participation portion and remanded the matter to the Council for action. (Councilmember Van Hollebeke returned to the meeting at 8:58 p.m.) COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT HAAKENSON, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO AMEND EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.00.010 AS RECOMMENDED BY THE PLANNING COMMISSION. MOTION CARRIED. Cultural Arts 13. DISCUSSION REGARDING THE CULTURAL ARTS STADIUM AND CONVENTION DISTRICT Stadium & BOARD (CASCD) PROPOSED INTERLOCAL AGREEMENT Convention District Board Proposal Councilmember Earling recalled the intent at the last Council meeting had been to meet with community and business leaders prior to this meeting; however, this had not been accomplished. He noted a letter outlining the City of Mountlake Terrace's position was included in the packet. He said Councilmember White planned to attend a meeting tomorrow (January 7) during which new information would be provided by Lynnwood. As this information was not yet known, he observed the Council was unable to make a decision at this time. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER WHITE, THAT COUNCIL PRESIDENT HAANENSON APPOINT THREE COUNCILMEMBERS TO A TASK FORCE TO INVESTIGATE AND MAKE A RECOMMENDATION TO THE COUNCIL REGARDING THE CASCD PROPOSAL. MOTION CARRIED. Council President Haakenson requested Councilmembers White, Earling and Van Hollebeke serve on a committee to study the CASCD proposal and make a report and recommendation to the Council in two weeks. Councilmember White noted the CASCD Board meets the second Wednesday of each month at the Edmonds School District Administration building at 7:00 p.m. He said this is a public meeting and everyone is invited to attend. The meeting scheduled for January 7 would be held at the Snohomish County Chamber of Commerce at 7:00 a.m. Sewer & 14. UPDATE ON SEWER AND STORMWATER RATE STUDY RECOMMENDATIONS AND Stormwater I PROPOSED IMPLEMENTATION PLAN Rate Study Community Services Director Paul Mar recalled a presentation was made to the Council in May 1997 regarding the need to increase sanitary sewer and stormwater rates. A preliminary workplan was presented to the Community Services Committee in December and staff was directed to bring this matter to the full Council. He explained an increase is being proposed in the sanitary sewer and stormwater sewer rates due to the need to increase revenue to meet debt service requirements and service needs. Edmonds City Council Approved Minutes January 6, 1998 Page 10 Mr. Mar displayed a comparison of rates to the Consumer Price Index, noting Edmonds' current combined residential sewer and stormwater rates, billed bimonthly, was $36.20 ($18.10 per month). He explained a four -step increase occurred from 1987 to 1991; no rate increases have taken place since 1991. He explained part of the reason for the proposed rate increase was increases in cost of service due to mandates and the cost of purchased service from other entities. The primary reason for the increase is to ensure enough cash balance is generated each year to meet mandated debt service coverage requirements. In addition, as this is an enterprise fund, the City must ensure sufficient cash is available for operations. He explained residential customers are billed on a bi- monthly basis with a monthly rate of $18.10 of which $15.39 is for sewer service and $2.71 is for stormwater service. Non - residential customers' rates are based on water consumption (dollars per cubic feet of water). (Councilmember Earling left the meeting at 9:08 p.m.) Metro has agreed to provide revenue through 1998 and the assumption is that this revenue will cease in 1999. He reviewed the overall sewer rate revenue increases for 1998 (from $2,812 to $3,280 or an increase of 16.6 %) in 1999 (from $2,832 to $3,787 or an annual increase of 14.7% or cumulative increase of 33.7 %). Mr. Mar displayed the current (57.1% single family, 30.3% multi- family, and 12.6% non - residential) and proposed (61.3% single family, 24.2% multi - family, and 14.5% non - residential) distribution of cost of service. He displayed and reviewed the proposed increases in sewer rates for single family, multi - family, . and non - residential, noting the rate for non - residential customers is proposed to have a fixed and variable rate component (currently there is no fixed component). (Councilmember Earling returned to the meeting at 9:13 p.m.) Mr. Mar explained it is proposed that the methodology for stormwater rates be changed to equivalent service units (ESU) which is based on a parcel's impervious surface area divided by 3,000 square feet (the approximate average single family impervious surface area). He displayed and explained the revenue distribution by customer class under the existing combined rate and the ESU based rate. He stated the new method of calculation and because stormwater services have historically been subsidized by the General Fund, results in a large increase in the first year. He displayed the projected revenue increases for stormwater noting this resulted in approximately an 86% increase overall. Mr. Mar displayed the current sewer rate and stormwater rate ($15.39 + $2.71, a total of $18.10) and proposed increase ($ 19.57+ $3.70 for a total charge of $23.70) for single family residential customers. He explained the state sewer rate average is $21.25 and $4.73 for storm water; the Puget Sound average is $26.93 for sewer and $4.48 for stormwater. Of the 14 jurisdictions surveyed, 13 have higher sewer rates than the proposed increased rate and 8 have higher stormwater rates. Mr. Mar said the information presented assumed a January 1, 1998, implementation date. If the increase was not implemented until April 1, 1998, approximately $116,852 would be lost in sewer revenue and $112,952 in stormwater revenue. He reviewed three options to recover these revenues, 1) increase the 1998 rate 22.2% (rather than 16.6 %), 2) assess a surcharge (approximately $5.50 per single family customer), or 3) implement the 16.6% increase and attempt not to spend the additional revenue not collected. He requested the Council provide direction regarding this issue. Edmonds City Council Approved Minutes January 6, 1 998 Page 11 COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCH MEMBER VAN HOLLEBEKE, TO EXTEND THE PRESENTATION FOR 10 MINUTES. MOTION CARRIED. Mr. Mar summarized the proposed increase for single family, multi - family, and non - residential customers for 1998, 1999 and 2000. He referred to the draft public information document included in the packet and requested Council provide feedback. Councilmember Van Hollebeke asked what caused the decline in reserves. Mr. Mar explained mandates for providing service have increased as well as the amount transferred from the General Fund to Sewer Fund to cover stormwater service. Further, the cost of treatment from other facilities have also increased. He explained a great deal of the cost for providing these services is labor which continues to increase. Councilmember Van Hollebeke asked if regulatory mandates also increase costs of service. Mr. Mar said the level of service and intensity of service for sewer and stormwater have increased. Mayor Fahey pointed out these are federally mandated. She noted one of the "triggers" for how stormwater is handled is a population of 50,000. If a City is considered part of an urban center (contiguous to other cities with a total population in the urban center is over 50,000), the mandates are triggered regardless of the size of the individual city. Therefore, in 2000, there will be new federal mandates the City must comply with. Councilmember Plunkett suggested the public information include more specific details regarding why the increases are necessary and what will be gained. Councilmember Miller asked whether there was an appeal process for a rate payer affected by the change in the methodology. Mr. Mar said this issue has not been addressed in detail; however, this methodology is widely used. Tracy Dunlap, Financial Consulting Solutions Group, said almost all cities who put stormwater utilities in place recently are using this impervious surface area method. She explained the square footage of non - residential properties was estimated by a variety of methods including aerial photographs, measuring the paved areas, approximations based on the square footage of a facility, and utilizing the development documents to determine the site coverage. She stressed while the impervious areas are estimated, it is a fairly accurate number. She suggested the City make those figures available to its customers. An average impervious surface is used for single family structures, an actual measurement likely would not make it significantly more equitable. Councilmember Miller supported establishing an appeal process due to the shift in methodology and the increased rate which shifted the burden to non - residential customers. Mr. Mar agreed an appropriate appeal process would be investigated. Council President Haakenson recalled the Community Services Committee did not support increasing the 1998 rate or assessing a surcharge to recoup the revenue lost by not implementing the rate increase until April 1998. He preferred staff cut back on expenditures. Councilmember Van Hollebeke echoed Council President Haakenson's comments, noting this was a very justifiable but substantial increase. He stressed the importance of communicating with the community and seeking feedback regarding how this would impact property owners. Councilmember Earling agreed with Councilmembers Van Hollebeke and Haakenson. He pointed out the Council had not yet make a decision regarding the increase. He noted the process would include a public hearing. Edmonds City Council Approved Minutes January 6, 1998 Page 12 =ccufive 15. E XECUTIVE SESSION REGARDING A LEGAL MATTE j Mayor Fahey recessed the Council to Executive Session at 9:42 p.m. for ten minutes for discussion of a legal matter. Following the Executive Session, Mayor Fahey reconvened the meeting at 9:47 p.m. 16. APPROVAL OF THE STEEL SYSTEMS SETTLEMENT AGREEMENT steel Systems Settlement Agreement City Attorney Scott Snyder recommended approval of the Settlement Agreement, Release and Hold Harmless with the insertion of the mailing address on paragraph one, page one. COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO APPROVE THE SETTLEMENT AGREEMENT, RELEASE AND HOLD HARML ESS WITH THE INSERTION OF THE MAILING ADDRESS ON PARAGRAPH ONE, . PAGE ONE. MOTION CARRIED. 17. MAYOR Adix's- Mayor Fahey announced effective January 1, 1998, Adix's Bed and Bath for Dogs and Cats, 21100 72nd Impound Location Avenue West, is the impound location for any animal picked up by Animal Control. She said this Location facility would be more convenient for residents as well as save money for the City. Te11p °rary Mayor Fahey announced ten parking stalls behind Seattle Fish and Chips (Main and James) in the Ferry Relocation of try Parldng Parking Lot would be relocated for approximately one week due to ferry dock construction. of Stalls Mayor Fahey referred to a draft change in GMA policy presented at Snohomish County Tomorrow and requested Councilmembers contact her with any comments or concerns. Grand Re- opening of Lobby & Mayor Fahey announced there would be a grand re- opening of the lobby and museum gallery space at Museum the Anderson Center on January from 5:00 m. to 7:00 m. She explained the Edmonds Art Festival Gallery at ry p• p• p Anderson Museum Board donated funds (in excess of $40,000) to renovate the lobby of the Anderson Center and Center the area where many of the art pieces are displayed. Happy Mayor Fahey extended birthday greetings to Councilmember Nordquist who will be celebrating his Birthday to birthday on January 7. Council- member Nordquist 18. CITY C Council President Haakenson said he was honored to be selected as Council President and looked forward to working with Mayor Fahey and staff in the coming months. He also wished Councilmember Nordquist a Happy Birthday. Council President Haakenson thanked Judges Dwyer and Ryan for their assistance swearing in the new Councilmembers. Council President Haakenson reminded Councilmembers of the upcoming retreat and encouraged them to provide input regarding items to be discussed at the retreat. j s ease for Councilmember Miller congratulated Councilmember Nordquist on his birthday and Mayor Fahey on her ity uests for upcoming birthday. He thanked Judge Dwyer for assisting with the swearing in ceremony. He requested nding staff prepare a press release regarding the acceptance of applications for the Community Service Grant Edmonds City Council Approved Minutes January 6, 1998 Page 13 Awards during 1997. He requested this be placed on the January 13 Finance Committee Agenda for final approval. Councilmember Nordquist thanked Councilmember Earling for his service as Council President and looked forward to working with Council President Haakenson. Councillember Nordquist welcomed Councilmember Plunkett and congratulated Councilmembers Miller and Haakenson. Councilmember Earling congratulated Councilmembers Miller, Haakenson, and Plunkett on their election. Councilmember Plunkett expressed his appreciation to staff, Councilmembers, and Mayor Fahey, for their assistance during the past month. Councilmember Van Hollebeke congratulated Council President Haakenson for being selected as Council President. He thanked Councilmember Earling for nurturing the new Councilmembers during the past two years. With no further business, the Council meeting was adjourned at 9:58 p.m. ��' zae� BARBARA S. FAHEY, MAYO SANDRA S. CHASE, CITY CLERK E City Council Approved Minutes January 6, 1998 Page 14 AGENDA }' EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. 7:00 P.M. - CALL TO ORDER FLAG SALUTE JANUARY 6, 1998 ADMINISTRATION OF OATHS OF OFFICE TO NEWLY- ELECTED OFFICIALS 3. AUDIENCE (3 minute limit per person) 4. (5 Min.) SELECTION OF COUNCIL PRESIDENT 5. (5 Min.) SELECTION OF COUNCIL PRESIDENT PRO TEM 6. (10 Min.) PRESENTATION OF PLAQUE AND RESOLUTION TO COUNCIL PRESIDENT DAVID O. EARLING 7. (100h.) COUNCIL PRESIDENT -APPOINTMENT OF COMMITTEE REPRESENTATIVES 8. (5 Min.) INTRODUCTION OF NEW STUDENT REPRESENTATIVE RECESS FOR RECEPTION (20 Minutes) 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 11, 1997 (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 16, 1997 (D) APPROVAL OF CLAIM WARRANTS #19468 THRU #22027 FOR THE WEEK OF DECEMBER 15, 1997, IN THE AMOUNT OF $303,826.34. APPROVAL OF PAYROLL WARRANTS #19009 THRU #19147 FOR THE PERIOD OF DECEMBER 1 THRU DECEMBER 15, 1997, IN THE AMOUNT OF $334,739.94. (E) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM DARROL HAUG ($200.61), MICHAEL S. ROMANO ($726.20), MRS. G. E. JENSEN (Amount Undetermined), AND CLASSICO HOMES, INC. ($6,243.33) (F) REPORT ON FINAL CONSTRUCTION COSTS FOR THE 1997 WALKWAY PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (G) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH GALLOWAY + BARKER LANDSCAPE + ARCHITECTURE FOR LANDSCAPE DESIGN BENEATH PUBLIC ART TO BE INSTALLED AT BRACKETT'S LANDING PARK SOUTH (H) AUTHORIZATION FOR OUT -OF -STATE TRAVEL . (1) APPROVAL OF SENIOR EXECUTIVE ASSISTANT'S (COUNCIL RESOURCE PERSON) EMPLOYMENT CONTRACT (J) PROPOSED RESOLUTION COMMENDING COUNCIL PRESIDENT DAVID O. EARLING FOR HIS SERVICE AS COUNCIL PRESIDENT 3. AUDIENCE (3 minute limit per person) 4. (5 Min.) SELECTION OF COUNCIL PRESIDENT 5. (5 Min.) SELECTION OF COUNCIL PRESIDENT PRO TEM 6. (10 Min.) PRESENTATION OF PLAQUE AND RESOLUTION TO COUNCIL PRESIDENT DAVID O. EARLING 7. (100h.) COUNCIL PRESIDENT -APPOINTMENT OF COMMITTEE REPRESENTATIVES 8. (5 Min.) INTRODUCTION OF NEW STUDENT REPRESENTATIVE CITY COUNCIL MEETING AGENDA JANUARY 6, 1998 PAGE 2 9. (5 Min.) PROPOSED RESOLUTION APPOINTING A COUNCILMEMBER TO THE SNOHOMISH COUNTY HEALTH DISTRICT BOARD 10. (5 Min.) PROPOSED RESOLUTION APPOINTING COUNCILMEMBERS 'TO THE SNOHOMISH COUNTY PUBLIC TRANSPORTATION BENEFIT AREA CORPORATION BOARD OF DIRECTORS 11. (20 Min.) HEARING ON PROPOSED AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.05.020 PERTAINING TO THE "REASONABLE ACCOMMODATIONS" PROCESS FOR GROUP HOMES; SECTION 21.30.010 PERTAINING TO THE DEFINITION OF THE TERM "FAMILY "; AND, CHAPTER 20.18 PERTAINING TO THE REGULATIONS GOVERNING "GROUP HOMES." (Applicant: Edmonds Planning. Division / File No. CDC -97 -121) 12. (5 Min.) HEARING ON PROPOSED AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.00.010 PERTAINING TO THE APPLICATION DEADLINE FOR FILING REQUESTS TO AMEND THE COMPREHENSIVE PLAN. (Applicant: Edmonds Planning Division/ File No. CDC -97 -150) 13. (30 Min.) DISCUSSION REGARDING THE CULTURAL ARTS STADIUM AND CONVENTION DISTRICT BOARD (CASCD) PROPOSED INTERLOCAL AGREEMENT 14. (20 Min.) UPDATE ON SEWER AND STORMWATER RATE STUDY RECOMMENDATIONS AND PROPOSED IMPLEMENTATION PLAN 15. (10 Min.) EXECUTIVE SESSION REGARDING A LEGAL MATTER 16. (5 Min.) APPROVAL OF THE STEEL SYSTEMS SETTLEMENT AGREEMENT 17. (5 Min.) 18. (15 Min.) MAYOR CITY COUNCIL Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 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. 1