06/20/2000 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 209 2000
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Gary Haakenson in the
Library Plaza Room, 650 Main Street, followed by the flag salute.
ELECTED OFFICIALS PRESENT
Gary Haakenson, Mayor
Jim White, Council President Pro Tern
Michael Plunkett, Councilmember
Lora Petso, Councilmember
Dave Orvis, Councilmember
Christopher Davis, Councilmember
ELECTED OFFICIALS ABSENT
Thomas A. Miller, Council President
Dave Earling, Councilmember
1. APPROVAL OF AGENDA
STAFF PRESENT
Al Compaan, Assistant Police Chief
Noel Miller, Public Works Director
Don Fiene, Assistant City Engineer
Steve Bullock, Senior Planner
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
Change to Mayor Haakenson requested Consent Agenda Item F be moved from the Consent Agenda and placed as
Benda Item 6A on the Agenda for Council discussion due to confusion between staff, the Community
Services/Development Services Committee and the Council regarding this issue.
COUNCIL PRESIDENT PRO TEM WHITE MOVED, SECONDED BY COUNCILMEMBER
PLUNKETT, TO PLACE CONSENT AGENDA ITEM F ON THE AGENDA AS ITEM 6A.
MOTION CARRIED UNANIMOUSLY.
Kairez Mayor Haakenson explained he received a fax this afternoon from Tom Ehrlichman, the attorney
Subdivision representing appellants Alan and Elaine Yard, indicating their desire to withdraw their appeal. Therefore
the public hearing scheduled as Item 4A would not be held.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
WHITE, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
Councilmember Petso requested Item B be removed from the Consent Agenda. Councilmember Plunkett
requested Item G be removed.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER DAVIS, FOR
APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED
UNANIMOUSLY. The agenda items approved are as follows:
Edmonds City Council Approved Minutes
June 20, 2000
Page 1
1
(A) ROLL CALL
prove (C) APPROVAL OF CLAIM CHECKS #35965 THROUGH #41753 FOR THE WEEK OF
Claim JUNE 5, 2000, IN THE AMOUNT OF $359,394.28. APPROVAL OF CLAIM CHECKS
Checks #35974 THROUGH #41902 FOR THE WEEK OF JUNE 13, 2000, IN THE AMOUNT OF
$556,632.00. APPROVAL OF PAYROLL CHECKS #30131 THROUGH #30114 FOR THE
PERIOD MAY 16 THROUGH MAY 31, 2000, IN THE AMOUNT OF $339,903.58
Claim for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM HOMESTEAD OF
Damages EDMONDS CONDOMINIUM ASSOCIATION ($909.53)
Street (E) AUTHORIZATION TO CALL FOR BIDS FOR THE 2000 STREET OVERLAY
Overlay PROGRAM
ROGRAM
Item B: Approval of City Council Meeting Minutes of June 6. 2000
Councilmember Petso requested the second paragraph under Council Reports (page 7), third sentence be
revised to read, "The Committee's next meeting... developing a draft budget for the CiY's Committee's
portion of the 2001 budget."
Approve 6/6
Minutes as COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
Amended APPROVE ITEM B AS AMENDED. MOTION CARRIED UNANIMOUSLY. The item approved is
as follows:
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 6, 2000
Item G: Approval of 2000/2001 Interlocal Agreement for the Snohomish Regional Narcotics Task Force
Councilmember Plunkett pointed out this item was not discussed by the Public Safety Committee (as the
staff memo indicates) because the Public Safety meeting ran long and the Committee was unable to
address this item. He said it was an approved item in the budget and was also a long- standing policy.
Moving forward with approval was acceptable to him.
Sno. Co. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER PETSO, FOR
Regional APPROVAL OF ITEM G. MOTION CARRIED UNANIMOUSLY.
Narcotics
Task Force (G) APPROVAL OF 2000/2001 INTERLOCAL AGREEMENT FOR THE SNOHOMISH
REGIONAL NARCOTICS TASK FORCE
Six Year 3. PUBLIC HEARING ON THE SIX YEAR TRANSPORTATION IMPROVEMENT FROGRAM
ransportation al-P)
rogram
Assistant City Engineer Don Fiene said each city and county was, required to update their Transportation
Improvement Program (TIP) by July 1 each year and file a copy of the adopted program with the
Department of Transportation (DOT). He explained the TIP was a planning tool for local, state and
federally funded projects and was used by agencies such as the State, Puget Sound Regional Council and
the Transportation Improvement Board (TIB) to develop the statewide TIP and prioritize projects for
competitive funding. Mr. Fiene explained although it was not required to show projects that are locally
funded, the City has traditionally shown all anticipated/planned projects on the TIP.
When reviewing the TIP in the format required by the DOT, he felt the format did not clearly identify
how or when the projects would be done. Therefore, he developed a spreadsheet for the City Council's
Edmonds City Council Approved Minutes
June 20, 2000
Page 2
use in reviewing the projects. He distributed a copy of the spreadsheet to the Council and described
projects to be undertaken in the years 2001 through 2006. He explained in 2001, the engineering and
design phase of the Edmonds Crossing would continue including acquisition of right -of -way. Projects to
be funded in 2001 include an overlay project on 76"' Avenue West south of Hwy. 99 to the King County
line, the 76'h Avenue rockery, Fire Department signal improvement to assist the Fire Department's access
to SRI 04, and interurban rail improvements to provide a regional link between Shoreline and Mountlake
Terrace.
Projects to be funded in 2002 include continuing the Edmonds Crossing Project and a pavement project
on 76'h Avenue West north of Hwy. 99 and 220'h. The Edmonds Crossing project will hopefully be
constructed in 2003. Widening of 2201h Street is anticipated for 2004 including sidewalks and bike lanes,
which will provide an important regional link from I -5 into Edmonds. Also to be funded in 2004 is the
Pioneer Way to Shell Valley project that will provide emergency access for the development whose
access onto Bowdoin Way is very steep as well as provide a bikeway /walkway. Signal improvements at
Walnut and 91h and Main and 9"' are anticipated to be funded in 2004. Signal improvements at SR204
and 88`h are planned for 2005 and signal improvements at 76'h and 200 and SR104 and 240''' are planned
for 2006.
Mr. Fiene also included information regarding citywide projects on the spreadsheet such as the annual
street overlays (approximately $275,000 per year), citywide street improvements, citywide walkway and
bikeway improvements, residential neighborhood calming and citywide signal improvements.
Councilmember Orvis recalled the Finance Committee reviewed road funds at their last meeting and
asked whether the local figures were reflected on the spreadsheet. Mr. Fiene said the figures were
prepared by the City's Traffic Engineer and offered to research Councilmember Orvis' question and get
back to him. Councilmember Orvis asked whether other projects could be moved forward if there were
delays in the Edmonds Crossing project. Mr. Fiene answered yes, explaining the TIP was a planning tool
that was updated annually.
Mayor Haakenson opened the public hearing.
Roger Hertrich, 1020 Puget Drive, Edmonds, inquired whether the TIP indicated any plans for
Railroad Avenue and whether changes to the traffic pattern on Railroad Avenue as a result of Sound
Transit's activities were included on the TIP. Mr. Hertrich recalled a signal the City installed at 196h
and 80'h that included widening the side streets entering the intersection to allow a free right turn without
activating the signal. He said this was very effective and reduced the number of times the signal changed
which assisted traffic flow on the arterial. He recommended the Council add funding to signal projects
to include street widening to allow free right turns without activating the signal.
Al Rutledge, 7101 Lake Ballinger Way, Edmonds, recalled former Community Services Director Paul
Mar had presented a $9 -15 million project for a 5 -6 lane overpass from Top Foods to the ferry and
recommended this project be included. He pointed out the difficulty of constructing a bike path near
Shoreline. He recommended the City consider the City of Shoreline's projects, including plans to add
lanes from Hwy. 99 to I -5.
Hearing no further public comment, Mayor Haakenson closed the public hearing.
Edmonds City Council Approved Minutes
June 20, 2000
Page 3
Mr. Fiene responded to Mr. Hertrich's inquiry regarding Railroad Avenue, stating he was not aware of
any projects planned for Railroad Avenue. Regarding Mr. Hertrich's advice to ensure arterials flow well,
he said maintaining flow on arterials would be considered during engineering of the project.
In response to Mr. Rutledge's comment regarding the bikeway connection at Shoreline, Mr. Fiene said
the City was aware there were problems where the trail ends in Edmonds and begins in Shoreline. The
City plans to work with Shoreline to make a better connection.
Mr. Fiene recommended the City Attorney be directed to prepare a resolution for approval on the next
Council Consent Agenda.
Mayor Haakenson asked if there were any changes planned for Railroad Avenue.- Mr. Fiene said he was
not aware of any changes. Mayor Haakenson observed there was an assumption that something would
happen on Railroad Avenue but until Sound Transit submits a permit, it was unknown what changes
would be necessary.
Mayor Haakenson remanded the matter to Council for action.
COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
DIRECT THE CITY ATTORNEY TO DRAFT A RESOLUTION TO BE PLACED ON THE NEXT
CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY.
4. KAIREZ SUBDIVISION LOCATED AT 9117 OLYMPIC VIEW DRIVE
Kairez
division
(A) PUBLIC HEARING — APPEAL OF A LOT LINE ADJUSTMENT BETWEEN THE PLAT
Pic OF VISTA DEL MAR, THE KAIREZ SUBDIVISION. AND THE ADJACENT
Dr. PROPERTY OWNERS TO THE WEST TO RESOLVE AN ADVERSE POSSESSION
CLAIM (File Nos. LL -00 -24 and AP- 00 -59)
City Attorney Scott Snyder explained this was an appeal of a staff decision. There was only one
appellant and a request to withdraw their appeal was filed today. He requested City Clerk Sandy Chase
mark the letter from Alan and Elaine Yard requesting withdrawal of their appeal as Exhibit A and the
matter be remanded to Council for disposition. (The public hearing was not held as the appeal was
withdrawn.)
Elaine Hamner -Yard, 9209 Olympic View Drive, Edmonds, referred to the withdrawal of their
appeal.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER PETSO,
MOVED TO REMOVE THE APPEAL FROM THE AGENDA. MOTION CARRIED
UNANIMOUSLY.
(B) CONSIDERATION OF FINAL PLAT APPROVAL FOR THE PLAT OF VISTA DEL
MAR, THE KAIREZ SUBDIVISION (File No. P -93 -216)
Senior Planner Steve Bullock explained Mr. Kairez submitted an application for preliminary plat
approval in March 1995. This went through several hearings with the Hearing Examiner who made a
recommendation to the City Council and the preliminary plat was ultimately approved. Since the
preliminary plat was approved, the applicant has been working to complete the requirements of the
preliminary plat such as installing improvements. He has now prepared the final plat documents and
Edmonds City Council Approved Minutes
June 20, 2000
Page 4
submitted them for the Council's final approval. Mr. Bullock said the City Code as well as the Hearing
Examiner and City Council's decision allows the applicant, if he has not completed all the
improvements, to bond the cost of the installation of the improvements for one year to ensure the
improvements will be installed but allow the applicant to begin selling the property. He said the
applicant has taken advantage of this opportunity; they have approximately $200,000 in improvements
remaining to complete on the site including roads, curbs, gutters, frontage improvements on Olympic
View Drive, safety improvements along Olympic View Drive, plantings along a large retaining wall on
the west side of the property and other minor improvements. The applicant has a bond in place for
approximately $600,000 to cover the cost of the improvements.
Mr. Bullock said neither the applicant nor his engineer have any concerns or issues with the conditions
on the final plat approval. Mr. Bullock explained the conditions would be included on the final plat
documents (pages 30 -32 of the Council packet). He said the only issue before the Council was when the
preliminary plat was approved, the application indicated the main road into the development was
proposed to be public right -of -way. The applicant has now requested the roadway be a private drive and
not dedicated to the City. He said the street standards would remain the same for a private road or a
public right -of -way such as the same street width, curbs, gutters and sidewalks. The storm and water
systems would be considered City systems and the City would hold easements to allow maintenance on
these systems. Therefore the Engineering, Planning and Fire Departments did not have any concerns
with whether the road was private or public right -of -way. Mr. Bullock said this was a decision to be
made by the City Council.
Councilmember Petso asked if there were any restrictions on her ability to consider the final plat
approval in view of the correspondence she has been provided in the past few months regarding this
issue. City Attorney Scott Snyder answered the information could be taken into account but the City
would need to make a_record of the items she was considering /referring to in order for the items to be
available in the record. He explained the Council's review tonight was limited to determining whether
the conditions previously imposed had been met. If the Council found the conditions had been met,
approval was required. He inquired whether Councilmember Petso was using the information to ask
questions of staff to determine whether a condition of the plat had been met. Councilmember Petso
answered that was her intent.
Councilmember Petso referred to a concern raised in the February 23, 2000 letter from Mary Lou
Marquardt which was addressed in the staff memo by staff's statement that a condition may be warranted
by the City Council to ensure the access to lots 1 -12 was resolved. Mr. Bullock directed Councilmember
Petso's attention to the third bullet on page 2 of the Council packet which outlines a .note that would be
added to the final plat stating, "access for lots 1 -12 will be from 92 "d Place W/Kairez Drive, however this
does not eliminate any rights or privileges granted to previously established lots, namely access rights for
lot 11 which were not required to be eliminated or relinquished by the City Council's decision of March
27, 1995." He said the applicant agreed to have this condition included on the final plat.
Mr. Snyder said the Council's motion to approve should reference the conditions they wish to have
attached to the final plat. He said the issue Councilmember Petso referred to arose from the Hearing
Examiner's condition that the primary access for lots 1 — 12 would be from 92 "d Place W/Kairez Drive.
He said Ms. Marquardt and others questioned the continued use of the private road that runs north- south.
He said the condition to indicate the location of primary access was appropriate as long as there was
sufficient reference to not extinguishing any pre- existing property right.
Edmonds City Council Approved Minutes
June 20, 2000
Page 5
Councilmember Petso expressed concern with the statement "primary access" as the Hearing Examiner
states the access "shall be" and primary was added at later date. Mr. Snyder agreed.
Councilmember Petso asked the nature of the easement along Maple Manor Road. Mr. Bullock
answered there was a written easement for this road to serve lots in Maple Manor including a lot that was
currently owned by the applicant that contains a rental house. Councilmember Petso observed that lot
would now be in a different subdivision. Mr. Bullock agreed. He explained during preliminary plat
review, the Hearing Examiner, City Council and/or staff could have required the applicant to extinguish
rights to the access easement in Maple Manor. Councilmember Petso asked if this had been done by the
Hearing Examiner's statement that the internal road will eliminate the need for access via a public road
immediately west of the subject property. Mr. Bullock answered ultimately all properties in the plat of
Vista Del Mar, lots 1 -12 would gain their access from the cul -de -sac road; however, lot 11 did not give
up its rights to the easements that existed from the previous plat.
Councilmember Petso asked whether she would be committing a legal error if she found the Hearing
Examiner's statement that the internal road will eliminate the need for access was his intent to condition
this approval on access from only the cul -de -sac. Mr. Snyder answered yes, and said imposing that
condition by implication to extinguish private property right would, in his opinion, be a taking and could
not be justified by the existing record. Councilmember Petso asked if whether it was now too late for the
Council to discuss imposing that as a condition. Mr. Snyder answered yes.
Councilmember Plunkett observed the Lot 1I/Maple Manor easement was somewhat immaterial to this
issue. Mr. Bullock agreed. Mr. Snyder said the rationale for the condition proposed by staff was to
achieve Councilmember Petso's objective for lots 1 -10 and 12 because there would be no outlet to Maple
Manor. He said staff hoped indicating that primary access would be provided via Kairez Drive would
physically address the issue but not extinguish a private property right.
Councilmember Petso asked whether the City could require access for lot 11 be provided from the cul-
de -sac at the time a building permit was issued to rebuild the structure on that lot. Mr. Bullock said the
applicant has entered into an agreement with the adjacent property owners, a private agreement recorded
with Snohomish County, in which they promise to obtain access from the cul -de -sac. He said because it
was a private agreement, it was up to the parties to the agreement to ensure that occurred. Mr. Snyder
said the City Engineer could also designate driveway entrances based on safety so there may be a basis
for the driveway location based on safety concerns.
Councilmember Petso asked how the City would guarantee the improvements were completed. Mr.
Bullock answered the majority of the improvements were Engineering Department requirements and the
Engineering Inspector would visit the site to ensure all items are installed to City standards. The
Planning Department would ensure the plantings on the retaining wall on the west side are installed
which was a condition of the SEPA determination. Mr. Snyder said the City's subdivision ordinance
may require a bond at the preliminary plat stage but unless it was specified, it was- the applicant's option
to post a bond.
Councilmember Petso asked the difference between a public right -of -way and private road and which the
City usually required. Mr. Bullock answered the last few plats he had been involved with that were
approximately this size (10 -15 lots) with a cul -de -sac road, had been public right -of -way. He said when
roads serve 3 -4 lots, as some of the private drives in this plat did, the City typically did not require that to
be public right -of -way.
Edmonds City Council Approved Minutes
June 20, 2000
Page 6
Councilmember Petso inquired whether there would be an impact on the public such as could a person
pull off onto the private road from Olympic View Drive. Mr. Bullock acknowledged there was a
difference; as a private road, the public should not use the road.
Councilmember Petso referred to preliminary plat finding number 47, with the 30 foot setback and
adherence to the recommendations of the Nelson - Courvrette report, there does not appear to be a
potential for adverse impact to other properties. She said a citizen asked how the City would ensure the
recommendations of the Nelson - Courvrette report were adhered to. Mr. Bullock explained the bluff on
the northwest side of the property that drops down to the Burlington Northern right -of -way was the steep
slope reviewed and evaluated by engineers Nelson - Courvrette who determined a 30 -foot buffer from the
top of the slope would be sufficient to protect any homes built on the property from falling off the slope.
The City also has a sanitary sewer line along the top of the bluff, another physical improvement to the
site that would ensure building did not occur closer than 30 -feet from the top of the slope. He said the
original plat approval including the Nelson - Courvrette report would be considered when a building
permit was submitted and the 30 -foot setback from the top of the steep slope would be adhered to for all
homes constructed adjacent to the slope. Mr. Snyder referred to the condition in the Hearing Examiner's
decision that stated, "any development near the bluff should be subject to the recommendations of the
Nelson - Courvrette report. These conclusions should be conditions of the permit."
Mayor Haakenson remanded the matter to Council for deliberation.
Councilmember Petso recommended the road be public right -of -way. She said it would be beneficial to
the public who may need to pull off Olympic View Drive.
Councilmember Plunkett assumed one could pull off onto a private road in an emergency situation and
was uncertain that the ability to pull onto the roadway was an adequate reason for requiring it to be a
public right -of -way. He expressed concern that the public might use this roadway as they have used
Sunset Avenue because there would be a spectacular view from this area. He said the concern from the
developer was that the public would use the roadway as a public road when it was actually access to
several homes. Councilmember Plunkett was concerned with activities that might occur if the road was a
public right -of -way due to the spectacular view as well as isolated location.
Councilmember Petso said not only was the road indicated as a public right -of -way on the preliminary
plat, typically the City required access to this many homes be a public road. She felt it was appropriate
to have the road be public, particularly because it was not, other developers would request their roadways
be private.
Council President Pro Tem. White doubted many developers would request a private road as that resulted
in their maintaining the roadway. He said there were few advantages to making the road public rather
than private but there were several disadvantages such as maintenance. Councilmember Davis agreed it
would be a relief to the City not to have a public street in that area as long as the City maintained control
of the easement. Mayor Haakenson assured the City had control of the easement.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
WHITE, THAT THE CITY COUNCIL APPROVE THE FINAL PLAT OF VISTA DEL MAR, P -93-
216, AND AUTHORIZE THE MAYOR TO SIGN THE FINAL PLAT DOCUMENTS ONCE THE
FOLLOWING CONDITIONS HAVE BEEN COMPLETED:
• A NOTE ON THE FACE OF THE PLAT WHICH STATES THAT "TRACT 999 SHALL
BE HELD IN OWNERSHIP SOLELY BY THE OWNER OF LOT 9" SHALL BE ADDED.
Edmonds City Council Approved Minutes
June 20, 2000
Page 7
• A NOTE WHICH STATES THAT "LOTS 1, 2, 5 AND 12 MAY NOT GAIN ACCESS
FROM OLYMPIC VIEW DRIVE" SHALL BE ADDED.
• A NOTE WHICH STATES THAT ACCESS FOR LOTS 1 -12 WILL BE FROM 92ND
PLACE W /KAIREZ DRIVE, HOWEVER, THIS DOES NOT ELIMINATE ANY RIGHTS
OR PRIVILEGES GRANTED TO PREVIOUSLY ESTABLISHED LOTS, NAMELY
ACCESS RIGHTS FOR LOT 11, WHICH WERE NOT REQUIRED TO BE ELIMINATED
OR RELINQUISHED BY THE CITY COUNCIL'S DECISION OF MAY 27,1995" SHALL
BE ADDED.
MOTION CARRIED (4 -1), COUNCILMEMBER PETSO OPPOSED.
5. AUDIENCE COMMENTS
Al Rutledge, 7101 Lake Ballinger Way, Edmonds, said he was glad most Councilmembers attended
the Mayor's forum on Saturday. Mr. Rutledge asked Mayor Haakenson to provide an update regarding
Log Cabin the log cabin. He encouraged the City to consider how markets are conducted in other cities such as
Summer Seattle including street closures to facilitate pedestrian travel at the market as well as the fee charged to
Market vendors.
Mayor Haakenson advised the log cabin committee was raising funds to remodel the log cabin and
donate it to the City.
Roger Hertrich, 1020 Puget Drive, Edmonds, suggested with regard to ESA that if the State did not
offer funds for improvements, the City should not pay for them itself. He said the Council's decision on
irez the roadway in Vista Del Mar was a bad decision. He envisioned Edmonds as a city where citizens felt
bdivision free to visit neighborhoods and view the town but said this could not occur with private roads. He said
ista Del
r) private roads would break Edmonds into small clusters where no one felt welcome. Although the
Engineering and Fire Departments were unconcerned whether this was a private or public road, he
questioned whether the Police Department felt the same. He pointed out the Police Department could not
enforce traffic laws on a private road, a fact that future property owners may not know. He suggested the
Council reconsider their decision regarding the roadway in Vista Del Mar.
Kairez Mar Lou Marquardt, 9213 Ol s View Drive Edmonds asked if the City would have control of
Subdivision 3' q uar y m i P• '
(Vista Del the storm drains on the private road in Vista Del Mar. Mayor Haakenson answered yes. Ms. Marquardt
Mar) said they have had a great deal of difficulty with water drainage from the property onto their property.
6. REPORT ON SALMON CONSERVATION BY WAYNE DALEY. SENIOR FISHERIES
Salmon BIOLOGIST
Conserva-
tion Council President Pro Tem White said the long awaited federal regulations regarding how to protect
salmon as a result of the salmon's listing as an endangered species were published yesterday. He
explained the regulations allow for certain exemptions to apply to communities who have adopted
alternative plans for protection of salmon. He said the City has been working on its Shoreline Master
Program and other plans that describe how to implement the City's programs to protect salmon and fall
within the parameters of the 4(d) rule.
Council President Pro Tem White said Wayne Daley, a Fisheries Biologist, would provide a presentation
on things he has done in recent years to facilitate the protection, his work with communities and bringing
communities and government together. Council President Pro Tem White said although this was a
Edmonds City Council Approved Minutes
June 20, 2000
Page 8
timely discussion, it was not intended to take a position on the regulations but only illustrate ways
citizens could participate in meeting the regulations.
Wayne Daley, Fisheries Biologist, described his involvement with restoration projects in Edmonds
while working for a consultant as well as his recent efforts with private landowners and non - profit
organizations on enhancement and restoration projects. He described and displayed a slide presentation
of a project that property owners, non - profit organizations and he undertook near Monroe, the Haskel
Slough, where salmon habitat had been unavailable since a dike was constructed in the 1940's. The
project, funded via state, federal and non - profit grants, consisted of construction of 7,000 feet of
channels between ponds to connect them to the river. The slides illustrated the volunteers participating
in the project, and habitat before and after the improvements. He described the success of the restoration
project, including juvenile coho salmon now in the system as a result.
Council President Pro Tem White asked Mr. Daley how he determined where to apply his efforts. Mr.
Daley answered people come to him with suggestions for projects; he works primarily with non- profit
groups such as Trout Unlimited and Northwest Fish Recovery but others have approached him as well.
Councilmember Davis inquired about the process to do a project. Mr. Daley answered the process used
to be fairly simple prior to ESA but would now be more complex due to the requirement for biological
evaluations regarding the impact to chinook salmon and bull trout. He emphasized projects would not be
impossible but the process would be more difficult.
Discussion 6A. AUTHORIZATION TO AMEND UTILITY RATE STUDY WITH FINANCIAL CONSULTING
of Capital SOLUTIONS GROUP (FCSG) TO DEVELOP CAPITAL CONNECTION CHARGES FOR THE
Connection WATER AND SEWER UTILITY FUNDS ($9.550.00) (formerly Consent Agenda Item F)
Charges for
Water &
Sewer Public Works Director Noel Miller said the decision at the Community Services/Development Services
Utility Committee meeting was to bring this issue to the full Council for discussion. He explained the proposal
Funds was to create a new connection charge to help new development pay their share of the existing utility
(water and sanitary sewer) infrastructure. He said the existing system was created by the previous and
current land owners; therefore, numerous communities in the metropolitan area have connection charges
to help new development pay their share of the capital investment. He acknowledged it was a matter of
philosophy; Edmonds has not had a connection charge in the past but the issue had not been discussed in
at least the past 12 years.
Mr. Miller said staff determined an average of 100 residential units were developed in the City each year.
The consultant indicated connection fees range from $1,000 to $3,000 per unit per utility, an average of a
total of $4,000 ($2,000 for each utility) per unit.
Councilmember Petso referred to a memo from Councilmember Earling expressing concern with the
affordable housing aspect of imposing a connection charge. She said information on MRSC indicated
this was not an affordable housing issue as the moneys must be paid somehow, either via charging new
development a connection charge or charging rate payers more. She said the real issue was a
philosophical or equity issue, whether to charge new development via a connection charge or charging
ratepayers. She said using the figures Mr. Miller provided, connection charges would generate
approximately $400,000 per year that could be used to offset rate increases. She encouraged the Council
to consider the connection charge because it was an opportunity for the Council to lower residents' sewer
and water rates now and in the future.
Edmonds City Council Approved Minutes
.Tune 20, 2000
Page 9
Councilmember Orvis asked whether repairs to lift stations were needed because of volume problems or
the age of the lift station. Mr. Miller answered lift station one was 40 years old and had outlived its
useful life and the flow volume was also undersized. He explained quite a lot of development has
occurred in that area (Sunset and Caspers) since the lift station was constructed in the early 1960's. He
said the engineers considered zoning and anticipated densities that would cause the lift station to reach
capacity but the density likely exceeded their population estimates for that service area.
Councilmember Davis observed this was an amendment to a contract already in place. Mr. Miller
explained the original scope was only to identify sewer rates, developing a connection charge expanded
the scope of the contract.
Councilmember Davis asked if options other than the connection charge would be presented by the
consultants. Mr. Miller answered other options would be identified.
Mr. Miller said the issue before the Council was whether to hire FCSG to develop a connection charge,
not necessarily imposing the charge.
COUNCILMEMBER PETSO MOVED TO MOVE AHEAD WITH THE STUDY TO CALCULATE
A UTILITY CAPITAL FEE.
MOTION DIED FOR LACK OF A SECOND.
7. REPORT ON COMMITTEE MEETINGS
Imunity Community Services /Development Services Committee
v. ces Council President Pro Tem. White reported staff described projects on the Six -Year Transportation
Serv. Improvement Program (TIP) and the Committee directed staff to proceed with the hearing on the TIP on
mittee June 20, 2000. Next, staff discussed reallocating certain street capital funds to the annual street overlay
program due to the unavailability of grant funds for the 76`h Avenue West restoration project this year.
The Committee directed staff to re- appropriate funds for the 76`h Avenue West restoration project to the
annual overlay program. Concluding, Treatment Plant Manager Steve Koho explained to the Committee
that the City's pre - treatment ordinance was outdated and said a team was working on a new ordinance
that would be presented to the Council following review by the City Attorney. No action was taken on
this item.
Public Public Safety. Committee
Safety Councilmember Plunkett described the automatic first response that occurs now on only a "handshake
Committee agreement" and said an Automatic First Response and Automatic Assistance Agreement has been
developed to formalize the "handshake agreement" between the cities of Brier, Edmonds, Lynnwood,
Mountlake Terrace, Town of Woodway, Snohomish County Fire District 1 and the Medic 7 Board. The
Agreement will be presented to the Council on June 27. Next, staff and the Committee discussed
neighborhood traffic calming devices, specifically in the Seaview neighborhood. A citywide handbook
would assist in establishing a policy regarding neighborhood traffic controls. The Committee then
discussed gambling establishments with Police Chief Hickok stating his research indicated gambling
establishments had no appreciable impact on police activity. No action was taken on this item.
Vm1tte ance Finance Committee
Councilmember Orvis reported staff provided the Finance Committee a 5 -year forecast on the Combined
Utility Fund (water, sewer and stormwater), Street Fund and Building Maintenance Fund. The forecast
Edmonds City Council Approved Minutes
June 20, 2000
Page 10
indicated water was showing a slight increase in the cash balance but sewer and stormwater would have
deficit balances by 2005. The Committee recommended bringing the Combined Utility Fund
information to the full Council on June 27. Councilmember Orvis said he inquired whether water rates
could be lowered to offset the sewer rate increase. The Street Fund was anticipated to have a deficit
balance by 2005 primarily due to reduced annual subsidies from the General Fund. The Committee
inquired about alternative revenue sources and staff will develop further information. Three large
maintenance projects to be funded from the Building Maintenance Fund, the library roof, rewiring the
Francis Anderson Center, and City Hall projects were discussed. The Long Range Financial Task Force
reviewed the maintenance needs and recommended alternatives be discussed with the full Council in
July.
The Finance Committee next discussed card table gambling revenue; no action was taken other than
further information gathering. At a future meeting, the Committee will discuss whether to review petty
cash expenditures.
Shoreline 8• REPORT FROM THE SHORELINE MASTER PLAN TASK FORCE
Master
Program Mayor Haakenson recalled on May 23, the Council directed him to appoint a task force to address the
issues the Port of Edmonds raised regarding the proposed Shoreline Master Plan.
Council President Pro Tem White said representation on the task force includes the Port (commissioner,
director and consultant), City staff, Washington State Ferries Department of Transportation, Unocal and
Councilmember Davis and himself, a total of 13 members. He pointed out the document was entitled the
Shoreline Master Program, not Shoreline Master Plan.
Council President Pro Tem White explained in August 1997, the Planning Board, after numerous
meetings including public participation, developed a Shoreline Master Program and submitted it to the
City's administration as the recommendation for changes to the existing Program. Since that time, a
great deal of correspondence has been received and a number of amendments were made to the Program
that the Planning Board submitted. The Program was most recently submitted to the Council on May 23
incorporating the proposed changes and identifying the six remaining issues.
Council President Pro Tem White emphasized the function of the task force was to develop a
recommendation that would be presented to the Council at a public hearing.
Council President Pro Tem White explained the task force discussed the six primary areas of concern
raised by the Port. Regarding the first issue, the Port provided input regarding the policy statement of the
Shoreline Master Program and it was agreed certain areas of the policy statement should be expanded.
The usage of the waterfront north of the breakwater and south of the ferry was discussed (the second
issue) including the provision that the Port could not participate in development in that area. It was
assumed that provision was included in the original plan to prevent the expansion of the marina in that
area. As there was general consensus on that issue, the task force's recommendation will be that rather
than eliminating the Port from any ability to participate in any development north of the breakwater,
language will be proposed regarding what development can occur in that area. Although there was
consensus a marina north of the current marina was not desirable, the task force agreed use of the current
ferry dock for day slips if the ferry was relocated should remain a possibility.
In discussion of the third issue, setbacks, it was explained the setback was currently measured from the
high water marls. Under the proposed plan, any reconfiguration /remodel of a building such as Anthony's
Edmonds City Council Approved Minutes
June 20, 2000
Page 11
whose north wall is located on the high water mark, would require it to be moved significantly south
which would impact the available parking. A rework of the setbacks was recommended.
The fourth issue, height limitations in the Port area, was discussed and summarily dismissed. The fifth
issue addresses provisions in the proposed Program that would prohibit mechanics from going onto a
boat to work as well as prohibits running engines on land to flush engines. As no one was able to explain
how this provision arose, it was agreed the Port and staff would each propose language regarding this
issue. The sixth issue, stacked storage north of the current storage, was discussed and it was agreed this
issue would be postponed until more was known regarding ESA.
Council President Pro Tern White said this Program would evolve over the next few years due to
uncertainty regarding the 4(d) rule. He anticipated the 4(d) rule would require changes be made to the
Program. Council President Pro Tern White anticipated the Shoreline Master Program would be
presented to the Council with fairly good consensus on most issues but said input from the public,
including the Port, could be expected. He commended the task force for their productive efforts.
Councilmember Plunkett recalled the Shoreline Master Program was a time sensitive issue and asked if
the adoption was on schedule with the time constraints. Council President Pro Tern White answered the
4(d) rule was published on June 19, 2000 and the City had until mid - December to adopt something. He
emphasized if the City did nothing by mid - December, criteria would be implemented for the City.
9. MAYOR'S REPORT
blic Mayor Haakenson provided a progress report on the Public Safety Complex, explaining demolition
ety
plex began again during the past seven days. He said there were serious delays due to removal of asbestos not
identified by the original consultant. He said the contractor and the subcontractor doing the demolition
disagree with the architect on whether the plans adequately address the demolition. Mayor Haakenson
hesitated to set a date for completion due to past delays. He said the work that was being done should
have taken three months and was now in its second month and would not be done in the next month. He
hoped to have the project complete by the end of the summer. Observing the question regarding the
Public Safety Complex arose as a result of a citizen's inquiry, he encouraged any citizen with questions
to call him at 771 -0247.
10. COUNCIL REPORTS
Self Councilmember Petso reported the Self- Insurance Committee would be meeting monthly. She said the
Insurance plan did not have the funds it would like to have; therefore, there was serious discussion of returning to
Committee
the AWC plan but the $130,000 shortfall made that problematic. She said this issue would be presented
to the Council again in the near future and she invited Councilmembers to contact her regarding how to
address this matter.
Councilmember Petso expressed shock that the Council passed up an opportunity to lower .water and
Water and sewer rates and moments later, during Councilmember Orvis committee report, he . inquired about
Sewer Rates � g � p � q
lowering rates. She said $400,000 per year would be approximately $10 per person in the City per year
at a cost to the City of approximately $9,000. She urged the Council to think about the connection
charge.
forcement Councilmember Petso thanked Mr. Hertrich for pointing out the Police Department could not enforce
Laws on a laws on a private road. City Attorney Scott Snyder responded the vast majority of road provisions
7n !j
Edmonds City Council Approved Minutes
June 20, 2000
Page 12
related to the operation of motor vehicles could be enforced on a private road although he acknowledged
there may be some limitations.
Councilmember Plunkett said by choosing not to pursue the connection charge study and not imposing a
Connection connection charge, the Council had reduced the potential cost of home purchases in the City by $4,000.
Charge
He said the Council should continue to do everything possible to keep homes as affordable as possible.
Councilmember Plunkett reported the Edmonds Alliance for Economic Development (EAED) approved
Alliance for
Economic an agenda of items they will participate in. The highest priorities include the Christmas tree lighting and
Develop- banners, 1 — 3 directories in downtown to assist in locating services and businesses, continuing to
ment research and recruit downtown retail and services, development of the Unocal property, participating in
the Port District Comprehensive Plan, development of tourism, how the Christian College site and
waterfront properties will be utilized, and supporting a ferry reservation system to allow ferry users to
visit downtown while waiting for a ferry. He said the full list of items the EAED will participate in was
available at the Chamber of Commerce.
Councilmember Davis referred to a fatal accident that occurred in the City over the weekend involving a
driver under the influence. He implored the members of the public with any control over a person under
the influence of alcohol to stop them from driving to protect the community.
With no further business, the Council meeting was adjourned at 9:20 p.m.
-ARY H KEN ON, MAYOR SANDRA S. CHASE, CITY CL -_RK
Edmonds City Council Approved Minutes
June 20, 2000
Page 13
3. (200n.) PUBLIC HEARING ON THE SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM (TIP)
4. (60 Min.) KAIREZ SUBDIVISION LOCATED AT 9117 OLYMPIC VIEW DRIVE
(A) PUBLIC HEARING — APPEAL OF A LOT LINE ADJUSTMENT BETWEEN THE PLAT OF VISTA
DEL MAR, THE KAIREZ SUBDIVISION, AND THE ADJACENT PROPERTY OWNERS TO THE
WEST TO RESOLVE AN ADVERSE POSSESSION CLAIM (File Nos. LL -00 -24 and AP- 00 -59)
(B) CONSIDERATION OF FINAL PLAT APPROVAL FOR THE PLAT OF VISTA DEL MAR, THE
KAIREZ SUBDIVISION (File No. P -93 -216)
5. AUDIENCE COMMENTS (3 Minute Limit Per Person)
6. (25 Min.) REPORT ON SALMON CONSERVATION BY WAYNE DALEY, SENIOR FISHERIES BIOLOGIST, STATE
OF WASHINGTON
7. (15 Min.) REPORT ON COMMITTEE MEETINGS
8. (10 Min.) REPORT FROM THE SHORELINE MASTER PLAN TASK FORCE
9. ( 5 Min.) MAYOR'S REPORT
10. (15 Min.) COUNCIL REPORTS
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 46. Delayed telecast of this meeting
appears the following Wednesday at noon and 7: 00 p.m., as well as, Friday and Monday at noon on Channel 46
;. AGENDA
EDMONDS CITY COUNCIL
-
Plaza Meeting Room - Library Building
650 Main Street
7:00 -10:00 p.m.
JUNE 20, 2000
7:00 P.M. - CALL TO ORDER
FLAG SALUTE
1.
APPROVAL OF AGENDA
2.
CONSENT AGENDA ITEMS
(A)
ROLL CALL
(B)
APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 6, 2000
(C)
APPROVAL OF CLAIM CHECKS #35965 THROUGH #41753 FOR THE WEEK OF JUNE 5, 2000, IN THE
AMOUNT OF $359,394.28. APPROVAL OF CLAIM CHECKS #35974 THROUGH #41902 FOR THE
WEEK OF JUNE 13, 2000, IN THE AMOUNT OF $556,632.00. APPROVAL OF PAYROLL CHECKS
#30131 THROUGH #30114 FOR THE PERIOD MAY 16 THROUGH MAY 31, 2000, IN THE AMOUNT OF
$339,903.58.
(D)
ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM HOMESTEAD OF EDMONDS
CONDOMINIUM ASSOCIATION ($909.53)
(E)
AUTHORIZATION TO CALL FOR BIDS FOR THE 2000 STREET OVERLAY PROGRAM
(F)
AUTHORIZATION TO AMEND UTILITY RATE STUDY WITH FINANCIAL CONSULTING SOLUTIONS
GROUP (FCSG) TO DEVELOP CAPITAL CONNECTION CHARGES FOR THE WATER AND SEWER
UTILITY FUNDS ($9,550.00)
(G)
APPROVAL OF 2000/2001 INTERLOCAL AGREEMENT FOR THE SNOHOMISH REGIONAL
NARCOTICS TASK FORCE
3. (200n.) PUBLIC HEARING ON THE SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM (TIP)
4. (60 Min.) KAIREZ SUBDIVISION LOCATED AT 9117 OLYMPIC VIEW DRIVE
(A) PUBLIC HEARING — APPEAL OF A LOT LINE ADJUSTMENT BETWEEN THE PLAT OF VISTA
DEL MAR, THE KAIREZ SUBDIVISION, AND THE ADJACENT PROPERTY OWNERS TO THE
WEST TO RESOLVE AN ADVERSE POSSESSION CLAIM (File Nos. LL -00 -24 and AP- 00 -59)
(B) CONSIDERATION OF FINAL PLAT APPROVAL FOR THE PLAT OF VISTA DEL MAR, THE
KAIREZ SUBDIVISION (File No. P -93 -216)
5. AUDIENCE COMMENTS (3 Minute Limit Per Person)
6. (25 Min.) REPORT ON SALMON CONSERVATION BY WAYNE DALEY, SENIOR FISHERIES BIOLOGIST, STATE
OF WASHINGTON
7. (15 Min.) REPORT ON COMMITTEE MEETINGS
8. (10 Min.) REPORT FROM THE SHORELINE MASTER PLAN TASK FORCE
9. ( 5 Min.) MAYOR'S REPORT
10. (15 Min.) COUNCIL REPORTS
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 46. Delayed telecast of this meeting
appears the following Wednesday at noon and 7: 00 p.m., as well as, Friday and Monday at noon on Channel 46