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