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02/23/1999 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES FEBRUARY 239 1999 Following a Special Meeting at 6:45 p.m. to interview a candidate for the Library Board, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Gary Haakenson, Council President Dave Earling, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember (arrived 7:05 pm) Jim White, Councilmember Dick Van Hollebeke, Councilmember Thomas A. Miller, Councilmember 1. , APPROVAL OF AGENDA STAFF PRESENT Ray Miller, Development Services Director Peggy Hetzler, Administrative Services Director Rob Chave, Planning Manager Noel Miller, Public Works Superintendent James Walker, City Engineer Arvilla Ohlde, Parks and Recreation Director Sandy Chase, City Clerk Jeannie Dines, Recorder Council President Haakelson requested "Acceptance of Underground Utility Easement from the Port of Edmonds" be added to the Consent Agenda as Item J. He suggested the Council briefly review this item to determine if there were any concerns. Council President Haakenson requested Item 4 (Presentation of Award of Achievement for Excellence in Financial Reporting) be removed from the agenda and postponed until Accounting Manager Doug Farmen could be present. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE AGENDA AS AMENDED. Councilmember Earling asked if the City Attorney had reviewed the Underground Utility Easement from the Port of Edmonds. City Clerk Sandy Chase said the City Attorney approved it as to form. MOTION CARRIED. (Councilmember Plunkett was not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, FOR APPROVAL OF THE CONSENT AGENDA AS AMENDED. MOTION CARRIED. (Councilmember Plunkett was not present for the vote.) The agenda items approved are as follows: (A) ROLL CALL pprove 16/99 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 16, 1999 inutes Edmonds City Council Approved Minutes February 23, 1999 Page 1 n A (C) APPROVAL OF CLAIM WARRANTS #29329 THROUGH #30934 FOR THE WEEK OF FEBRUARY 16, 1999, IN THE AMOUNT OF $343,925.51. APPROVAL OF PAYROLL WARRANTS #23380 THROUGH #23500 FOR THE PERIOD FEBRUARY I THOROUGH FEBRUARY 15, 1999, IN THE AMOUNT OF $440,242.77 ost Tennis (D) REPORT ON FINAL COrOSTRUCTION COSTS FOR THE YOST TENNIS COURT SITE ourt Site PREPARATION AND COUNCIL ACCEPTANCE OF PROJECT reparation (E) AUTHORIZATION FOR MAYOR TO SIGN A CONTRACT AMENDMENT WITH FCSG ontract w/ CSG , TO PROVIDE ADDITIONAL STUDIES FOR THE SANITARY SEWER AND Ftility Rates STORMWATER UTILITY RATES PSA for ' (F) AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES re AGREEMENT WITH PROPERTY COUNSELORS TO PROVIDE APPRAISAL Ppprais, arking Gar. SERVICES FOR UNDERGROUND PARKING GARAGE gmt for (G) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT Perrinville WITH CHS ENGINEERS, INC. FOR PERRINVILLE LOCAL IMPROVEMENT ID Design DISTRICT (LID) SANITARY SEWER IMPROVEMENTS DESIGN PROJECT ewer Meter (H) AUTHORIZATION TO NEGOTIATE CONTRACT FOR SANITARY SEWER METER [Station A ehab. Pro'. STATION A REHABILITATION DESIGN PROJECT WITH CHS ENGINEERS, INC. jlslorth End axi (I) APPROVAL OF 1999 TAXI LICENSE FOR TAC -KEY INC., DBA NORTH END TAXI Port- Utility (J) ACCEPTANCE OF UNDERGROUND UTILITY EASEMENT FROM THE PORT OF cement EDMONDS 3. CONFIRMATION OF APPOINTMENTS TO BOARDS AND COMMISSIONS Library B Mayor Fahey stated that the Council interviewed Irene Leonard, a candidate for the vacant position on [Appointment the Library Board, prior to tonight's meeting. Mayor Fahey explained Ms. Leonard is an attorney, is interested in working with the library, and has been a member of the Friends of the Library for several years. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER MILLER, TO APPOINT IRENE LEONARD TO THE VACANT POSITION ON THE LIBRARY BOARD. MOTION CARRIED. Mayor Fahey recognized Library Board Member Beverly Kaufman in the audience. Mayor Fahey introduced Ms. Leonard and congratulated her on her appointment. 4. PRESENTATION OF AWARD OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING This item was postponed until Accounting Manager Doug Farmen could be present for the presentation. 5. WORK SESSION - ACCESSORY DWELLING UNITS ccessory Planning Manager Rob Chave explained the Planning Board has been working on this issue for some welling time. When the Comprehensive Plan was adopted in 1995, one of the hallmarks of the plan was to "ts encourage and promote single family ownership and development in the City. When this was followed - up with consideration of affordable housing, one of the items highlighted was a feeling that the existing Accessory Dwelling Unit provisions in the Code were difficult to adhere to. For this reason, the City Edmonds City Council Approved Minutes February 23, 1999 Page 2 sees few applications for accessory dwelling units but staff believes there are many in place that are not permitted. The City usually only learns of an accessory dwelling unit via complaints. Mr. Chave stated that when the Planning Board considered the issue, a number of problems with the current language were identified such as a permitted accessory dwelling unit could not exist once a house was sold because the new owners must wait two years to apply for an accessory dwelling unit. Other difficulties with the existing accessory dwelling unit provisions are outlined in the summary memo in the Council's packet as well as in the Planning Board minutes. The Planning Board felt accessory dwelling units were acceptable as long as they were attached to and made a part of the single - family structure. Further, the Planning Board wanted to ensure it was clear in the definitions that an accessory dwelling unit did not change the definition of a single family parcel (the overall density was not changed and only a single family could reside on the property). Mr. Chave noted the definition of single family did not mean related individuals, it could be up to five unrelated adults. He stressed the definition of single family would still be applied to the single family home and the accessory dwelling unit. The Planning Board felt strongly this was not to be interpreted that duplexes were allowed in single family neighborhoods. Mr. Chave said one of the most difficult issues the Planning Board considered was detached accessory dwelling units. Under the current regulations, a detached accessory dwelling units (i.e. over a garage) is not allowed. In the proposed regulations, a detached accessory dwelling unit could be permitted via a Conditional Use Permit (CUP) process (which includes a public hearing). Mr. Chave explained under the current regulations, any accessory dwelling unit requires a CUP. The regulations would require only public notice following an application for an accessory dwelling unit and the decision would be made by staff. He said it is presumed if an attached accessory dwelling unit meets the guidelines and the size restrictions, only a staff review and approval process are required. He explained the notice provides neighbors an opportunity to comment and to challenge the staff decision, triggering a public hearing process. He reiterated a CUP (and accompanying public hearing process) is required for a detached unit. The reason a CUP is required for a detached accessory dwelling unit is to ensure a unit that is separate from the main structure is closely scrutinized. He reiterated the purpose of the change regarding accessory dwelling units is not to encourage multifamily housing in single family neighborhoods but to allow flexibility in housing types while retaining single family character. Councilmember Van Hollebeke asked if the City had an inventory of existing accessory dwelling units. Mr. Chave answered no because many that are in existence are not permitted. He said staff usually becomes aware of accessory dwelling units via complaints (one or two complaints per year are usually received). Councilmember Van Hollebeke asked how residents would be notified of the change and how they would be requested to apply for a CUP. Mr. Chave answered a mailing would be done, perhaps with the utility billing. He explained the proposed ordinance requires residents with an accessory dwelling unit to submit an application within one year of adoption of the ordinance. He anticipated the first notice regarding accessory dwelling units.would be followed up in six months with another notice to encourage residents to have accessory dwelling units permitted without penalty. Councilmember Van Hollebeke referred to paragraph F on page 5 of the ordinance that requires owners to be in residence for 180 days. He questioned the sentence that.states, "The owner(s) shall not rent any portion of the owner - occupied residence either during the owner(s) occupancy or while the owner is absent from the owner- occupied unit for any period." Mr. Chave answered this referred to the owner- Edmonds City Council Approved Minutes February 23, 1999 Page 3 occupied portion of the residence. For example if the owner lives elsewhere during a portion of the year, they were not permitted to rent the owner- occupied portion of the residence. Councilmember Van Hollebeke asked if this provision would permit "residence trading" for citizens who trade residences when traveling to other countries. Mr. Chave was uncertain, but said a trade likely would not constitute "rent." Councilmember Nordquist pointed out that "occupied" was difficult to define. He said a situation occurred in their neighborhood where the owner was living elsewhere but because his furniture remained in the residence, the interpretation was the furniture "occupied" the residence. Mr. Chave said the common dictionary definition of occupied is that one's residence must be there for over six months. Councilmember Earling pointed out the size limitation for an attached accessory dwelling unit in the ordinance was 800 square feet on page 4 of the ordinance and 900 square feet for a detached accessory dwelling unit on page 6. Mr. Chave agreed this needed to be changed to be consistent at 800 square feet. Councilmember Earling observed the Planning Board felt these revisions would assist the City in meeting the goals under the GMA (6,000 additional residents) and perhaps establish more affordable housing. He asked the City's status in meeting these projections, commenting the Snohomish County Executive mentioned Edmonds is falling short of the projected timeline. Mr. Chave answered if it was assumed an equal number of people were being added each year over the 20 years the 6,000 additional residents were to be accommodated, it could be said the City was behind. However, this is subject to many factors. Councilmember Earling requested staff provide this information to the Council. He commented if the City was falling behind, it would be a reason for considering this issue in a different light. Mr. Chave said accessory dwelling units were thought to be a good option to accept additional density without rezoning for multifamily. Councilmember Earling asked if there was information available from other cities who have made similar changes in their accessory dwelling unit regulations, such as whether the number of accessory dwelling units increased following the change. Mr. Chave offered to provide information from other jurisdictions that have made changes to their accessory dwelling units regulations. Councilmember Earling asked Mr. Chave to review the notification and public process for both attached and detached accessory dwelling units. Mr. Chave explained for an attached accessory dwelling unit, a permit is required. Notice of a development application is required and staff issues a decision. After staff s decision is issued, the public has 10 working days to file an appeal. The appeal would trigger an open record hearing (an open hearing because no previous public hearing would have been held). For a detached accessory dwelling unit, the ordinance requires that an applicant obtain a CUP. The CUP triggers the public hearing process; therefore, the public notice would include the hearing date for the permit. The decision on the CUP can also be appealed, but it would be a closed record appeal before the Council. Councilmember Earling observed the public has an opportunity to respond in both instances. Councilmember Miller referred to Section 21.21.020 Density Limitations, which indicates family . members and caregivers were the only allowable occupants of an accessory dwelling unit. After reading the Planning Board minutes, his perception of density was the number of accessory dwelling units allowed per square mile. He said this issue was not resolved by the Planning Board. Mr. Chave answered the Planning Board discussed a provision in another city's regulations that places a cap on the number of accessory dwelling units in an area; if the number of units permitted exceeded that cap, it triggered a moratorium, studies, etc. The Planning Board discussed this issue and determined they needed to be shown. accessory dwelling units would be a problem before establishing a cap, particularly Edmonds City Council Approved Minutes February 23, 1999 Page 4 with no knowledge of what the cap should be. In lieu of a cap, the Planning Board included Section 3 of the ordinance which states, "The Planning Board is hereby requested and directed to review the provisions of Chapter 20.21 and make its report on the impact and effects of the ordinance and provide its recommendations" to the Council within a year. Councilmember Miller inquired about someone constructing and renting out an accessory dwelling unit in violation of the regulations. Mr. Chave said if the accessory dwelling unit that was constructed was too large, the property owner may be required to remove it. If a complaint is filed, the property owner must pay a double fee (per the provision in the Planning Fee Ordinance that requires a double fee for action taken without permits). He noted if a complaint is filed, it is likely a hearing will be required. He said the proposed accessory dwelling unit regulations would make it easier to obtain approval for an accessory dwelling unit which hopefully will encourage residents to apply for and obtain the necessary permits. Councilmember Miller asked if an accessory dwelling unit could be constructed creating a zero lot line. Mr. Chave answered the proposed regulations would not change the setback requirements. Councilmember Miller asked how the City would be aware of a resident who rented the owner - occupied portion of the residence to a non - family member or non -care giver. Mr. Chave said an affidavit is required; however, the City has no way of ensuring that the property owner remains in the owner - occupied portion of the home. He assumed if the primary residence was rented, the neighbors would be aware and complain. He said the public notice would inform the neighborhood of the conditions under which an accessory dwelling unit is allowed. If the accessory dwelling unit situation changes, a neighbor would be more likely to complain than if they did not know it existed. Councilmember Earling observed problems might occur when a property with an accessory dwelling unit is sold because, although the original owner- occupant was aware of the conditions under which the accessory dwelling unit was established, the second owner may not be inclined to operate it in the same manner. This may result in the _owner- occupant not residing in the home, creating a duplex -type arrangement. He asked if staff had considered this. Mr. Chave explained a covenant is required to be filed (page 3 of the ordinance), informing future property owners of the conditions for the use of the accessory dwelling unit. He said this is the reason the Planning Board discussed whether the accessory dwelling unit should remain with the land or ownership. The Planning Board concluded the impact of the accessory dwelling unit would be the same regardless of who owns the property; therefore, a transfer of ownership should not be a penalty. Councilmember Earling recalled other areas of the City have restrictions that owners agree to upon a purchase but later question whether the City should enforce the restrictions., He said the restrictions might not be fully understood by the purchasers of a property. Mr. Chave agreed this was a legitimate issue and said this was the basis for the discussion of whether the accessory dwelling unit permit remained with the land or the owner of the property. Councilmember White said the word "occupied" appears 16 times in paragraph F on page 5 of the ordinance. He was not certain the definition of 'occupied" was clear and recommended it be defined in the ordinance or replaced with "physically residing in the dwelling." Councilmember White also recommended "disabled" be defined. Mr. Chave said in preparation for the public hearing staff will work with the City Attorney to define "occupied" and "disabled." Council President Haakenson inquired about the time frame for setting the public hearing. Mr. Chave answered the public hearing would be scheduled as soon as the City Clerk was able to advertise it.. If the Edmonds City Council Approved Minutes February 23, 1999 Page 5 intent was to supplement the public hearing notice via notice in the utility billing, Council President Haakenson suggested both billing cycles be utilized. Mayor Fahey referred to Section F on page 5 of the ordinance and questioned the reference to accommodating disabled people. She said when disabled people are accommodated in a single family residential home, a detached accessory dwelling unit, etc., that would constitute a group home and the City could not place restrictions on it. The ordinance addresses the possibility of a disabled person living in the primary residence and a caregiver living in an accessory dwelling unit, which caused Mayor Fahey to question whether this opened the possibility of an extension of what is already occurring in group homes (i.e. creating a group home and allowing a caregiver to live in an accessory dwelling unit or visa versa). Mr. Chave answered the group . home is viewed as an extension/enlargement of the accessory dwelling unit concept. The accessory dwelling unit regulations are smaller and more closely defined. Mayor Fahey questioned whether the City could differentiate between a method to accommodate people with disabilities via an accessory dwelling unit and a group home in which the City cannot restrict the number of residents. Mr. Chave answered a group home would still be governed by existing regulations. The intent of the accessory dwelling unit regulations is to provide additional flexibility for the typical single family home. He said the City Attorney indicates once a group home is established, it is not an accessory dwelling unit. Mayor Fahey agreed but said at this time a group home is not permitted to have an accessory dwelling unit for a caregiver but these regulations appear to "open the door" to that possibility. Mr. Chave said he would discuss this with the City Attorney. 6. MAYOR'S REPORT century Mayor Fahey invited interested individuals or groups -to attend the first planning meeting for a 2151 ]coming Century Welcoming Event on March 1 at 7 :00 - 9:00 in the Library Plaza Room. She explained the °t celebration may include multiple events throughout the City culminating in one celebration at midnight. Community Mayor Fahey,I invited citizens to participate in the community visioning session, facilitated by Visioning HyettPalma that will be held on March 24 at 7:00 - 8:30 p.m. at the Edmonds Theater. She encouraged Session . citizens to participate in the planning and visioning process for the City. She explained specific questions that residents will be asked to respond to will be made available via fliers, the newspaper, the City's Web Site, etc. wC Legis. Mayor Fahey announced the Association of Washington Cities, the organization that represents all cities Meetings in Washington and keeps them informed of issues that concern cities including issues under consideration by the Legislature, is holding meetings on Wednesday and Thursday, February 24 and 25 that she and Councilmember Nordquist plan to attend. She said this is an opportunity for City officials to understand the implications of legislation that is being proposed. Friends of Mayor Fahey read from the Friends of the Library newsletter expressing the staff of the Edmonds e Library. Library's appreciation for the Friends of the Library's generous donation of $6,696.61 which enabled the onation library to purchase a high/low reference desk that allows the library to better serve its patrons, particularly with all the new technology and databases Sno Isle is providing. Mayor Fahey said this is an example of the wonderful services the Friends of the Library provide and the benefits the library receives. Mayor Fahey thanked the members of the Friends of the Library for their efforts as well as for this new addition to the library. Edmonds City Council Approved Minutes February 23, 1999 Page 6 7. INDIVIDUAL COUNCIL REPORTS/UPDATES ON RESPECTIVE BOARD MEETINGS ouncit Council President Haakenson thanked Senior Executive Council Assistant Jana Spellman for her efforts , ,treat at the City Council retreat. He also thanked staff for their presentations at the retreat; particularly the discussion on revenue forecasting and fire issues. He thanked the Councilmembers for'their thoughtful questions and said he felt the retreat was very instructional and worthwhile. ouncil Councilmember Nordquist thanked Council President Haakenson, Senior Executive Council Assistant etreat Jana Spellman, Mayor Fahey, and staff for their efforts at the retreat. He said the retreat was very interesting and productive. As the City's representative on the Snohomish County Health District, he Eard alth reported the Health Board continues to be involved in tobacco issues. Another major issue for the Health saict District is the reoccurrence of TB in the community. This is a challenging issue that the Health District is monitoring carefully. He said open markets are also requiring modifications in regulations to accommodate them. He said the Health District is holding a 2 -day meeting next month with other Health Districts throughout the state. A 2 -day seminar will also be held in March with the Health District Board and staff. nvestrnent Councilmember Miller asked Administrative Services Director Peggy Hetzler to provide a report and rograrn discussion to the Finance Committee regarding cash and the investment program in the City. He was particularly interested in Fund 811 and 812. ouna Councilmember Earling said the Sound Transit plan is receiving scrutiny regarding alignment of the light .sit Plan rail line. He anticipated these issues could be resolved and the preferred alignment approved at the Sound Transit Board meeting on Thursday, February 25. He said there are issues /requests, which would add $900 million to the plan. He reported Community Transit will receive an award on Sunday, February 28 during Puget Sound Regional Council's annual recognition of significant projects. in the Puget Sound basin for service CT provides on the Tulalip Indian Reservation. He said Vice President Gore will attend the presentation. ;sioning_ Councilmember Van Hollebeke said the Edmonds Alliance for Economic Development is very pleased Process the visioning process is moving forward and he encouraged citizens to watch for articles in The Edmonds Paper and the Enterprise regarding the process and ways citizens can participate. He urged citizens to attend the March 24 meeting at the Edmonds Theater. onth Councilmember Plunkett, Council liaison to the Port of Edmonds, explained the City's lease of the South arina Marina Beach Park on a year -to -year basis creates some anxiety regarding how long the property will be each Park retained as a park. The City is discussing a memorandum of understanding with the Port of Edmonds that would require the land to remain pristine and as a beach, regardless of who owned the property. The Port and Unocal are discussing possibilities for a purchase of that property. He stressed the Port Commissioners have not made a decision regarding the purchase and no funding has been identified. He said Parks and Recreation Director Arvilla Ohlde, Mayor Fahey, and Council President Haakenson have been discussing this issue with the Port of Edmonds and will represent the City's interest regarding the property. With no further business, the Council meeting was adjourned at 8:00 p.m. BARBARA S. FAHEY, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes February 23, 1999 Page 7 1 fl 1, AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 D.M. FEBRUARY 23, 1999. SPECIAL MEETING 6:45 P.M. — INTERVIEW CANDIDATE FOR THE LIBRARY BOARD 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. 2. (A) (B) (C) (D) (E) (F) (G) (H) (1) 3. (5 Min.) 4. (5 Min.) 5. (30 Min.) 6. (10 Min.) 7. (15 Min.) APPROVAL OF AGENDA CONSENT AGENDA ITEMS ROLL CALL APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 16, 1999 APPROVAL OF CLAIM WARRANTS #29329 THROUGH #30934 FOR THE WEEK OF FEBRUARY 16, 1999, IN THE AMOUNT OF $343,925.51. APPROVAL OF PAYROLL WARRANTS #23380 THROUGH #23500 FOR THE PERIOD FEBRUARY 1 THROUGH FEBRUARY 15, 1999, IN THE AMOUNT OF $440,242.77. REPORT ON FINAL CONSTRUCTION COSTS FOR THE YOST TENNIS COURT SITE PREPARATION AND COUNCIL ACCEPTANCE OF PROJECT AUTHORIZATION FOR MAYOR TO SIGN A CONTRACT AMENDMENT WITH FCSG TO PROVIDE ADDITIONAL STUDIES FOR THE SANITARY SEWER AND STORMWATER UTILITY RATES AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES AGREEMENT WITH PROPERTY COUNSELORS TO PROVIDE APPRAISAL SERVICES FOR UNDERGROUND PARKING GARAGE AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH CHS ENGINEERS, INC. FOR PERRINVILLE LOCAL IMPROVEMENT DISTRICT (LID) SANITARY SEWER IMPROVEMENTS DESIGN PROJECT AUTHORIZATION TO NEGOTIATE CONTRACT FOR SANITARY SEWER METER STATION A REHABILITATION DESIGN PROJECT WITH CHS ENGINEERS, INC. APPROVAL OF 1999 TAXI LICENSE FOR TAC KEY INC., DBA, NORTH END TAXI CONFIRMATION OF APPOINTMENTS TO BOARDS AND COMMISSIONS PRESENTATION OF AWARD OF ACHIEVEMENT FOR EXCELLENCE IN FINANCIAL REPORTING WORK SESSION — ACCESSORY DWELLING UNITS MAYOR'S REPORT INDIVIDUAL COUNCIL REPORTSIUPDATES ON RESPECTIVE BOARD MEETINGS 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.