11/03/2003 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
November 3, 2003
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Gary Haakenson, Mayor
Dave Earling, Council President
Jeff Wilson, Councilmember
Michael Plunkett, Councilmember
Lora Petso, Councilmember
Dave Orvis, Councilmember
Richard Marin, Councilmember
Deanna Dawson, Councilmember
ALSO PRESENT
Alex Brent - Fielding, Student Representative
APPROVAL OF AGENDA
STAFF PRESENT
David Stern, Chief of Police
Duane Bowman, Development Services Director
Dan Clements, Administrative Services Director
Noel Miller, Public Works Director
Dave Gebert, City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1
COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR
APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
Councilmember Dawson requested Item E be removed from the Consent Agenda.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER DAWSON,
FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED
UNANIMOUSLY. The agenda items approved are as follows:
Approve (A) ROLL CALL
10/28/03
Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 28, 2003.
Approve
Claim (C) APPROVAL OF CLAIM CHECKS #66363 THROUGH #66511 FOR THE WEEK OF
Checks OCTOBER 27, 2003, IN THE AMOUNT OF $557,910.76.
]aim for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM THOMAS McMILLIN
amages
($395.00).
Vacate
(F) APPROVAL OF FINDINGS OF FACT FOR A PUBLIC HEARING HELD OCTOBER 21,
Portion of
2003 REGARDING A REQUEST TO VACATE A 12 -FOOT WIDE BY 75 -FOOT LONG
Alley at 920
PORTION OF THE ALLEY IMMEDIATELY TO THE NORTH OF 920 — 8TH AVENUE
8"' Ave. S.
SOUTH. (APPLICANT: THOMAS AND SUSAN NICHOLSON / FILE NO. ST -03 -120).
Edmonds City Council Approved Minutes
November 3, 2003
Page 1
100 Ave. w
(G)
AUTHORIZATION TO ADVERTISE FOR STATEMENTS OF QUALIFICATION FROM
ght of Wa
abilization
CONSULTANTS FOR THE DESIGN OF THE 100TH AVENUE WEST RIGHT -OF -WAY
oject
STABILIZATION PROJECT.
ympic
(H)
AUTHORIZATION FOR MAYOR TO SIGN A PROFESSIONAL SERVICES
iew Drive
AGREEMENT WITH C112M HILL FOR OLYMPIC VIEW DRIVE WATER MAIN AND
Water Main/ Sewer
SEWER LATERALS INSTALLATION DESIGN.
terals
(I)
AUTHORIZATION FOR THE MAYOR TO SIGN THE FIRST ADDENDUM TO THE
Interlocal
INTERLOCAL COOPERATION AGREEMENT FOR VEHICLE MAINTENANCE
Agreement
for Vehicle
SERVICE BETWEEN THE CITY OF EDMONDS AND THE TOWN OF WOODWAY.
Maintenance
(J)
ORDINANCE NO. 3472 REZONING CERTAIN REAL PROPERTY DESCRIBED IN
O rd# 3472
Rezone West
FILE NO. R- 03 -75, LOCATED WEST OF 75TH PLACE WEST IN EDMONDS,
of 75th Pl. W
WASHINGTON FROM SINGLE - FAMILY RESIDENTIAL (RS -20) TO SINGLE - FAMILY
RESIDENTIAL (RS -12).
rd# 3473
(K)
ORDINANCE NO. 3473 ADOPTED PURSUANT TO RCW 35A.63.220; ADOPTING AN
Opiate
Substitution
INTERIM ZONING REGULATION IMPOSING A MORATORIUM ON THE
Treatment
PROCESSING OF PERMIT AND LICENSE APPLICATIONS FOR THE
Service
ESTABLISHMENT OF OPIATE SUBSTITUTION TREATMENT SERVICE PROVIDER
Provider
FACILITIES WITHIN THE CITY; ESTABLISHING A PUBLIC HEARING DATE
acilities
WITHIN SIXTY DAYS OF THE ADOPTION OF THIS ORDINANCE; AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE
rd# 3474 (L) ORDINANCE NO. 3474 ADOPTED PURSUANT TO RCW 35A.63.220; AMENDING
Essential TITLE 20 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE BY ADDING A
u blic
cilities NEW CHAPTER 20.16 ESSENTIAL PUBLIC FACILITIES THERETO; ADOPTING
REGULATIONS GOVERNING THE SITING, PERMITTING AND MITIGATION OF
ESSENTIAL PUBLIC FACILITIES; SETTING A PUBLIC HEARING, AND FIXING A
TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
Item E: Approval of Findings of Fact for a Closed Record Review held October 7. 2003 regarding an anneal
Mixed Use of the Architectural Design Board's decision to approve an application for a new mixed use building. The
Building at property is located at 215 (currently addressed as 207 and 211) 5th Avenue North and is zoned BC
15 5t° Ave. (Community Business).
North. Councilmember Dawson advised she would abstain from voting on this item as she was not present for
the Closed Record Review due to illness.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR
APPROVAL OF CONSENT AGENDA ITEM E. MOTION CARRIED (6 -0 -1),
COUNCILMEMBER DAWSON ABSTAINED. The item approved is as follows:
(E) APPROVAL OF FINDINGS OF FACT FOR A CLOSED RECORD REVIEW HELD
OCTOBER 7, 2003 REGARDING AN APPEAL OF THE ARCHITECTURAL DESIGN
BOARD'S DECISION TO APPROVE AN APPLICATION FOR A NEW MIXED USE
BUILDING. THE PROPERTY IS LOCATED AT 215 (CURRENTLY ADDRESSED AS
207 AND 211) 5TH AVENUE NORTH AND IS ZONED BC (COMMUNITY BUSINESS).
(APPELLANTS: DARRELL MARMION AND LESLIE HAAN, STEPHEN BERNHEIM
AND SUSAN BAUER / APPLICANT: MJ AND MP INVESTMENT LLC / FILE NO. ADB-
03-56 AND AP -03 -142)
acing 3. ANNUAL REPORT — HEARING EXAMINER RONALD MCCONNELL
aminer
nual
port Hearing Examiner Ron McConnell displayed a Planning Development Decision - Making Chart that
illustrated legislative, quasi judicial and administrative decisions. He described the issues in each
Edmonds City Council Approved Minutes
November 3, 2003
Page 2
category, the decision - making body's ability to speak with participants, the amount of discretion involved
in decisions, and the amount of citizen participation. He explained the issues he hears as Hearing
Examiner are quasi judicial where he cannot speak to participants outside the record and there is very
little flexibility in decision making as he must adhere to the rules and regulations the City Council has
adopted.
Observing that Mr. McConnell's role, expertise, and recent changes may have placed more of a burden
on him, Councilmember Wilson asked that he provide periodic updates regarding problems,
discrepancies, and conflicts in the code to allow the City to proactively address issues as they arise. Mr.
McConnell suggested a quarterly meeting be held with Development Services Director Duane Bowman
to review cases, conflicts, issues of interpretation, etc. Councilmember Wilson asked whether such a
review would represent a conflict on cases he was reviewing. Mr. McConnell answered only cases that
were beyond the appeal period would be reviewed.
For Councilmember Orvis, Mr. McConnell explained variances must meet all the criterion to be
approved. He noted this was very different from a PRD where the Code provided some flexibility.
Prosecutor 4. ANNUAL REPORT — PROSECUTOR JEFFREY GOODWIN
Annual
Report Prosecutor Jeffrey Goodwin explained 2004 was the second year in a four -year contract. He requested
the Council approve the continuation of that contract, noting he was not seeking any increased
compensation.
Councilmember Plunkett inquired whether there had been any changes in the type of cases. Mr.
Goodwin answered he continued to see a large number of license suspension cases due to the way the
license suspension statutes were structured. He noted these were difficult because they were primarily
financially based. He noted there had not been a dramatic increase in the number of DUI or domestic
violence cases. He stated license suspension cases represented approximately 40% of any arraignment
calendar. License suspension cases could be related to DUI but also non - payment of traffic fines, child
support enforcement problems, insurance related problems, and other administrative issues.
Councilmember Dawson commented many courts and prosecutors were discussing options for driver's
license suspension cases. Mr. Goodwin stated several ways were being considered to manage such cases.
One possible way that was considered by another court was continuing the case to allow the defendant to
become licensed. However, the result was an extremely low rate of return for people to become licensed
because the reason for the original license suspension was primarily financially based. He noted they
also found there were a large number of people who failed to appear, therefore more bench warrants were
issued, an additional cost to the City. He noted jail time was not typically sought for license suspension
cases. Unfortunately, the only other penalty available was monetary which tended to compound the
financial problem. He noted the conviction rate was high, approximately 98% of people plead guilty, and
the other 2% were dismissed for administrative reasons.
Councilmember Dawson commented many offenders were not able to pay the fine that was imposed.
Mr. Goodwin agreed, noting there was little incentive to pay the fine if the person's license was already
suspended. He noted it was often a downward spiral as a person amassed more fines.
Public 5. ANNUAL REPORT — PUBLIC DEFENDER JAMES FELDMAN
Defender
Annual
Report Public Defender James Feldman explained he was not seeking an increase; he was paid by the case. The
court appoints him to cases; the number of cases had increased significantly in the past 2 -3 years. He
Edmonds City Council Approved Minutes
November 3, 2003
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,` a
explained he was previously able to handle the volume of cases with one attorney, now two were
assigned. He commented approximately 40% of the cases were driving while license suspended. He
noted it was difficult to provide any realistic options to offenders because they were often in the spiral
due to financial reasons and the only penalty was more fines. He noted most people would continue to
drive, thus a more appropriate penalty needed to be determined.
Councilmember Plunkett thanked Mr. Feldman for his written report.
City 7. ANNUAL REPORT — CITY ATTORNEY SCOTT SNYDER
Attorney
Annual
Report City Attorney Scott Snyder referred to the report he submitted as part of the budget process. He
commented each year he tried to identify a trend in costs that were controllable and make suggestions
regarding how to handle them. One noticeable area over the past year was the amount the city spent in
attorney fees to review public record requests. He suggested Attorney Zach Lell and he conduct training
for department representatives to review the requirements of the Open Public Records Act to ensure the
city had the resources to conduct a first review. He noted the Open Public Record Act this year applied
to privacy issues as a result of the passage of the HIPPA regulations which limits dissemination of
healthcare information. He noted this required a careful review of police, fire and other administrative
records to ensure they did not contain any healthcare information. His goal was to have the City
Attorney's office review fewer record requests and empower City staff with the ability to conduct more
reviews.
Mr. Snyder noted Washington Law & Politics named Mr. Lell a Rising Star in land use and governmental
areas. He recalled Mr. Lell, who has also done other work for the City, conducted the primary briefing
for the City on the gambling case.
8. AUDIENCE COMMENTS
riends of Peggy Pritchard Olson, 18005 Talbot Road, Edmonds, President, Friends of the Edmonds Library,
he Library thanked the community for their support of the recent book sale which raised approximately $9,500. She
explained the funds were used to support the Edmonds library, particularly children's programs.
udget Ron Wambolt, 504 6th Avenue S, Edmonds, commented the financial crisis facing governmental bodies
throughout the country was the result of too much available revenue going to employees, leaving too
little for operating costs and capital expenditures. Government workers used to get great benefits and
substandard pay; now they generally received exceptional benefits and great pay. The City's budget
revealed that was the situation in Edmonds. He referred to his employment background in the electronics
industry and stated even in this industry, when times were tough, actions like the following were
commonplace: employees are asked to take days off with pay but still work, salaries were frozen for 6
months — 2 years, pay was reduced 5 -10% for similar periods, employee numbers were reduced requiring
remaining employees to do more than one job, employees were not paid for doing more than one job,
vacation time was for vacations and not for selling back to the employer, and employees shared health
premiums. He concluded employees of municipalities had not had to endure many if any of these
conditions in the past. He urged the Mayor and Council to align the City's workers with conditions
experienced by the people who pay their salaries. He noted even if Proposition #1 passed, the City must
stop postponing the inevitable.
k for Natalie Shippen, 1022 Euclid, Edmonds, asked whether the City Attorney had provided the Council
e- an advice re ardin her re uest for reimbursement of le al fees. Council President Earlin advised the
}' g g q g g es Council received a memo from the City Attorney in tonight's packet. Ms. Shippen asked for a copy of
Edmonds City Council Approved Minutes
November 3, 2003
Page 4
the memo. She explained the Council had a decision to make with regard to public policy, whether the
Council condoned the Mayor's efforts to withhold public information contrary to public disclosure laws
and the action of the City Attorney in not advising him otherwise. With regard to why cost estimates
would be of any significance, she explained in November 2004, funding for the Edmonds Crossing
project would be included in a Snohomish County transportation ballot issue. She noted the funding
would be obtained via an increase in the Motor Vehicle Excise Tax. She noted the Edmonds Crossing
project was the most expensive, $126 million; the next highest project cost was $56 million for Sound
Transit bus replacement. She noted the total cost of the Edmonds Crossing project was $163 million.
Ms. Shippen commented $48 million of the $126 million would be used to "make a very bad location for
a ferry terminal workable," requiring wave barriers and a people mover. She concluded the public should
understand the cost estimates for the project and substantial drawbacks.
City Attorney Scott Snyder commented his views were very different than Ms. Shippen expressed last
week. He recalled she requested the creation of information and the Mayor responded in a way that was
consistent with the response to any citizen who asked staff to do something in a public records request,
the existing records are provided. He noted when a properly worded request was made, a portion of the
information requested was provided, another portion was withheld. He noted if a public records request
was made, the information would have been provided; this differed from Ms. Shippen's request for the
City to prepare information by providing a spreadsheet format with blanks to be completed.
Ms. Shippen disagreed, recalling she requested cost estimates and in the Mayor's response, he used the
term cost estimates. When she received the documents, they were cost estimates; there was no confusion
about the information she wanted. She noted if there was some contradiction with the public disclosure
law then, it should have been stated at that time. Mr. Snyder explained what she requested was that staff
do estimates. When she asked for existing documents, the documents that could be released were
released. Ms. Shippen disagreed, pointing out there was no mention of the public disclosure law until
she obtained an attorney who raised the issue of public disclosure law. Mr. Snyder disagreed,
commenting when Ms. Shippen provided a document with blanks for information to be filled in, that was
creation of a document. Ms. Shippen concluded the issue was now a City Council matter with regard to
public policy.
Municipal 6. ANNUAL REPORT — MUNICIPAL COURT JUDGE JAMES WHITE
Court Judge
Annual
Report Judg e James White highlighted accomplishments over the past year, advising that the passport agency
Y
project begun this year exceeded revenue projections; through September, in excess of $33,000 had been
generated and an additional $2,800 in October with minimal staff costs.
Judge White advised jury pools had been reduced substantially, reducing inconvenience to citizens. He
advised interpreter costs, always a significant cost to the court, had also been reduced by consolidating
cases requiring an interpreter into a single calendar. He noted the court also contracted directly with a
Spanish- speaking interpreter rather than an agency at an improved rate which resulted in a substantial
savings. The court has also established community service programs where minor, non - violent offenders
such as non - payment of a traffic ticket and subsequent license suspension were able to do community
service with the Parks & Recreation Department rather than serve jail time. He noted that approximately
733 hours of community service had been provided over the past year.
Judge White highlighted the home detention program the court initiated which allowed a person unable
to perform community service functions to be confined to their home via an ankle bracelet. He noted the
participants paid the court $15 per day for home detention rather than the city paying $81.97 per day for
Edmonds City Council Approved Minutes
November 3, 2003
Page 5
jail. He explained the biggest savings this year was the use of the Chelan County jail; any offender
serving 15 days or more was sent to Chelan County. Chelan County did not charge for booking;
Snohomish County charged $50. Chelan County jail charged $50 per day; Snohomish County jail
charged $82, a $32 savings each day. This has resulted in approximately a $20,000 savings in this
calendar year.
Judge White advised the court hired a new court clerk with a tremendous amount of experience. Plans
for next year include establishing an interactive webpage. He noted revenues were down but filings were
also down. He commented the court may need to do more active collecting.
Highway 99 9. REQUEST FOR COUNCIL CONTINGENCY FUNDS FOR THE HIGHWAY 99 TASK FORCE
Task Force PROJECT
Project
Development Services Director Duane Bowman advised the request was to use $12,990 in Council
Contingency funds for a proposed Hwy. 99 Task Force project to begin gathering input regarding Hwy.
99, such as the types of land uses people wanted, problems current businesses and property owners were
experiencing, as well as feedback from area residents. He explained the proposed plan included two
focus groups comprised of residents, business owners, and property owners. Following the focus groups,
two work sessions would be held with the business and property owners in the corridor area. A report
with graphics would then be generated and forwarded to the Planning Board to be docketed for potential
2004 Comprehensive Plan and regulation changes for improvements to the Hwy. 99 corridor area. He
advised Makers Planning and Architecture Group, who had extensive experience in community
involvement, was selected to assist.
Councilmember Marin explained the objective of the Hwy. 99 Task Force was to look for ways to
optimize business sales tax revenue in a way that would be an enhancement to the community. He noted
Task Force meetings have included presentations from Economic Development Directors in Lynnwood,
Shoreline and Mill Creek. Mill Creek was undertaking a major project to develop a downtown in a city
without a downtown and their Planning Director, Bill Trimm, expressed interest in assisting Edmonds.
He noted the Task Force also learned from Shoreline's experience with the public involvement process.
Councilmember Marin explained the Task Force reviewed existing businesses on the Hwy. 99 corridor
including photographs and data regarding revenue generation. The existing zoning on Hwy. 99 has
resulted in some lost opportunities — businesses that utilize a great deal of land but generate little sales
tax revenue. The goal of the Task Force was to guide development to maximize sales tax revenue. He
explained the Task Force would like to develop information to be submitted to the Planning Board for
possible Comprehensive Plan amendments as part of the major Comprehensive Plan update in 2004.
Councilmember Marin stated business and property owners along Hwy. 99 had been advised of the plans
to conduct focus groups and Mr. Trimm would facilitate the focus groups to identify community values,
elements to be protected/preserved, development to be encouraged/discouraged, etc. The focus groups
would be followed by meetings with the property and business owners where the parameters learned
from the community would be provided. Property and business owners would be invited to describe their
vision for their property and artists would capture those visions in drawings. The business and property
owners' vision would then be shared with an economist who would determine whether the ideas were
feasible.
Councilmember Marin suggested the $930 proposed for the focus groups be eliminated as the Task Force
could conduct the focus groups without the assistance of a consultant. He explained there was $126,000
Edmonds City Council Approved Minutes
November 3, 2003
Page 6
in the Council Contingency fund. The reason the funds were requested from the Council Contingency
Fund was to allow the tasks to be accomplished before year end.
Councilmember Dawson noted the narrative described the use of focus groups; however, Councilmember
Marin's recommendation was to delete that portion. She questioned why the funding needed to be
approved tonight rather than included in the 2004 budget, particularly in view of the proposal in the
budget to establish an Office of Economic Development. She questioned whether the Office of
Economic Development could assist with the outreach and how it would impact their efforts. Mr.
Bowman advised the goal of the Hwy. 99 Task Force was to provide a report to the Planning Board by
February 2004 to allow them to begin working on actions for the Hwy. 99 corridor. In order to meet that
deadline, the focus groups will need to be held in mid - November and the work sessions in
December /January.
Councilmember Dawson inquired about Councilmember Marin's recommendation to eliminate funding
for the focus groups. Mr. Bowman clarified the focus groups would still be conducted but without the
assistance of the consultant.
Councilmember Dawson expressed concern that the packet did not contain enough detail regarding the
proposed project. She recommended the Council be provided more information regarding why this was
necessary before being asked for the funding. Mr. Bowman noted plans were to begin the focus groups
next week. He explained the information gathered would be compiled into a written report that
illustrated the uses people envisioned.
Councilmember Dawson inquired about the questions that would be asked during the focus groups. Mr.
Bowman answered the details were still being worked out. He explained the intent of the focus groups
was to gather information so that when the work sessions were held, the business and property owners
were aware of the community's values and land uses envisioned for the corridor.
Councilmember Dawson asked who would develop the questions for the focus groups. Mr. Bowman
responded the Task Force would develop the questions; Councilmember Marin was the Chair of that
Committee. Councilmember Dawson pointed out the importance of someone with specific training and
expertise developing the appropriate questions to be asked of a focus group in order to obtain usable
information. The information obtained from the focus group may not be of much value without expertise
at the beginning of the process. Mr. Bowman noted Makers was very experienced with focus groups.
Councilmember Dawson commented it may be preferable to eliminate the proposed modeling in favor of
funding assistance with the focus groups. Mr. Bowman explained the intent of modeling was to provide
a visual of what the uses that were envisioned in the corridor could look like. He explained the driver
was determining what type of land uses were appropriate to facilitate the generation of tax revenue and
reduce the City's dependence on property taxes. Ms. Dawson noted the majority of the costs in the
proposal were for modeling but without good information at the beginning of the process, the modeling
may be of little value. She concluded it was premature for the Council to fund this proposal due to the
limited information provided.
Councilmember Petso asked how the February deadline before the Planning Board was determined. Mr.
Bowman answered that was the deadline the Task Force established for completing their work to move it
into the next phase with the Planning Board. Councilmember Petso concluded it was not a regulatory
deadline. Mr. Bowman explained the intent was to move forward in developing information to be
forwarded onto the Planning Board to facilitate the next phase.
Edmonds City Council Approved Minutes
November 3, 2003
Page 7
Councilmember Petso observed the intent was not to identify businesses to attract or job creation, but
rather consider regulatory aspects first. She questioned whether this was backward; why not identify
specific businesses and determine whether there were development regulations that prevented that
business from locating in the Hwy. 99 corridor. She questioned why funds were proposed to be spent on
3D modeling rather than business recruitment. Mr. Bowman answered that topic would come up in the
work sessions; people would identify land uses they would like to see.
Co> ncilmember Petso asked whether the focus groups would consist of area residents only. Mr.
Bowman answered there would be a mixture of business owners, property owners and residents.
Councilmember Petso asked whether any resident could participate, noting all residents had a stake in
development on Hwy. 99. Mr. Bowman answered yes, although the intent was to have 12 -18 people per
focus group who were a broad representation of different groups. Councilmember Petso asked when the
process would be opened to general public involvement. Mr. Bowman answered that was still being
determined. Councilmember Petso questioned producing this work product without first hearing from
the public. Mr. Bowman answered the purpose of the focus groups was to seek public input. He
emphasized there would be a public process for any Comprehensive Plan amendments, etc.
Mayor Haakenson noted the Hwy. 99 Task Force came out of a request he made at the Council retreat in
February to consider potential economic development on Hwy. 99. He recalled his request was for a
Task Force to take a long term view of how Hwy. 99 would look in 20 years, not in the short term. He
noted the intent was to determine what residents and businesses expected Hwy. 99 to look like in 20
years and create the zoning that would result in that climate. He noted an Economic Development
Director could then do recruitment.
Councilmember Plunkett asked whether Mr. Bowman knew how Hwy. 99 should be zoned for the type of
businesses people want and why this process was necessary if staff knew what code and zoning changes
were necessary. Mr. Bowman emphasized the importance of community input.
Councilmember Plunkett questioned why the use of focus groups was proposed rather than a large
meeting. He questioned whether 12 -15 people could provide a broad representation and whether holding
2 -3 public meetings to solicit public input would be more appropriate. Mr. Bowman answered a focus
group would have intense discussion about their vision for development on Hwy. 99, identifying common
values among residents and businesses and giving direction to business and property owners regarding
development. He noted once that information was compiled, it would be presented to the Planning Board
where further public input could be invited.
Councilmember Plunkett asked whether an Economic Development Director could lead such a process.
Mr. Bowman agreed an Economic Development Director would be helpful for this type of work.
If the Economic Development Director were approved in the 2004 budget, Councilmember Wilson asked
when the position would be filled. Mayor Haakenson answered the position would not be filled until
after the first quarter of the year. Interviews could be held in March but the position would not be filled
until at least April as the Human Resources Director was not retiring until the first quarter.
Councilmember Wilson asked whether the effort to get the information to the Planning Board by
February was to allow it to be considered in the 2004 Comprehensive Plan amendments. Mr. Bowman
answered yes. Councilmember Wilson asked the latest date information could be presented to the
Planning Board for the 2004 Comprehensive Plan amendments. Mr. Bowman answered no later than
Edmonds City Council Approved Minutes
November 3, 2003
Page 8
mid -year, noting there were a number of other amendments to be considered due to the major
Comprehensive Plan update.
Councilmember Wilson noted although he had been unable to attend recent Task Force meetings due to
out of town business, the early efforts of the Task Force were to identify what type of business activities
on Hwy. 99 would generate the greatest economic benefit. He recalled discussion that the zoning and
Comprehensive Plan designations on Hwy. 99 were not conducive to encourage new development. Mr.
Bowman agreed, noting there were issues such as small parcel size, irregular shaped parcels, etc. He
noted many of the issues required zoning and Comprehensive Plan changes.
Councilmember Wilson recalled early discussions by the Task Force were to include people in focus
groups who were the most immediately impacted by any change and then the Planning Board would
consider the issue in more detail. Mr. Bowman agreed. Councilmember Wilson noted Makers could be
very useful in considering compatibility issues. Mr. Bowman explained the focus group and work
sessions could include providing examples to the participants of the type of development that has
occurred in other corridor areas.
Councilmember Wilson asked whether the intent was to use Makers only at the beginning of the process
or continually through the process at the Planning Board stage. Mr. Bowman answered only at the
beginning of the process to assist with the preliminary efforts to get information to the Planning Board.
He envisioned the Planning Board and staff would do the remainder. He noted the 2004 budget included
a proposal for an economist to review whether the proposed development was feasible.
Councilmember Wilson asked if the proposal were not funded from the Council Contingency Fund but
included in the 2004 budget, could the target be met to present the information to the Planning Board for
adoption with the 2004 Comprehensive Plan amendments. Mr. Bowman answered it would be very tight
and further review of the Planning Board's 2004 schedule would be required to make that determination.
Council President Earling pointed out without a plan in place, businesses could not be recruited and
businesses could not be recruited until a plan was developed. He recommended retaining the $900 for
assistance with the focus groups, noting professional expertise was an important part of that process. He
was inclined to approve the proposal, noting the information developed would be very valuable whether
or not an Economic Development Director was approved in the 2004 budget. He preferred to move
forward rather than delaying the project until 2004.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, TO
AUTHORIZE THE EXPENDITURE OF $12,990 FROM THE COUNCIL CONTINGENCY FUND
FOR THE HIGHWAY 99 TASK FORCE.
Councilmember Plunkett asked how the proposal would assist in identifying constraints, asking whether
there were constraints other than the zoning, the code and the land. Mr. Bowman answered those were
the primary issues as well as traffic patterns, lot size, land value, proximity to the freeway and there may
be other issues that the property owners would bring to the City's attention. Councilmember Plunkett
asked whether sending a questionnaire business and property owners inquiring about constraints to
development would be preferable to focus groups. Mr. Bowman answered the intent was to generate
synergy in the project that would carry over into the Planning Board phase.
Councilmember Plunkett questioned why it was necessary to expend $13,000 to ask those questions. Mr.
Bowman answered it was important to hear from the residents and business and property owners. This
was an organized manner to solicit that information. Mr. Bowman explained the recommendation was to
Edmonds City Council Approved Minutes
November 3, 2003
Page 9
. hire a qualified firm to assist in soliciting information from property owners to be used by the Planning
Board in making decisions regarding Hwy. 99.
Councilmember Orvis advised he would not support the motion, explaining that during the budget
process, there were requests for funding from many sources and he preferred to consider them together
rather than individually. He preferred this project be a line item in the budget, acknowledging it was a
good proposal.
Councilmember Wilson asked the number of meetings staff would need to hold. Mr. Bowman estimated
3 -4. Councilmember Wilson asked whether the present staffing levels and time constraints would allow
staff to distill the information, prepare the reports, etc. for the Planning Board in a reasonable timeframe.
Mr. Bowman answered it would be extended over a lengthy period of time, at least a year as staff had
other responsibilities as well as the upcoming major Comprehensive Plan amendment that would require
a significant amount of time.
Councilmember Wilson expressed concern with doing another design plan without doing anything
further. If the Council wanted to facilitate economic growth in the City, the Council must move forward
with doing something. He noted delaying action was only postponing efforts to achieve economic
growth. He noted even using Makers and staff, there were difficult decisions to be made and good
information was essential to making those decisions. If the intent was to facilitate development on Hwy.
99 to provide an economic engine rather than relying on property taxes, he was willing to support the
proposed funding request to allow the process to move forward.
Councilmember Plunkett noted if this proposal was not approved, he urged the Task Force to return with
further information to assist the Council in understanding the goals and objectives of the project and how
the elements of the proposal would help meet those goals and objectives. He commented
Councilmembers had the same goals and objectives for Hwy. 99.
Councilmember Dawson agreed with Councilmember Plunkett, noting Councilmembers agreed with the
objective for economic development. Her question was whether this would lead to that and if, so, how?
She noted sufficient information to answer those questions had not been provided tonight. She suggested
consideration also be given during the budget process to whether the use of outside expertise or in -house
staff was most appropriate. Another issue was whether the best use of economic development funds was
on a director or a defined project by an outside expert.
Councilmember Marin explained if the focus groups were not held prior to Thanksgiving, followed by
the work sessions in early December, the opportunity would be lost this year. He explained the process
to solicit public input in focus groups followed by work sessions with business and property owners was
a concept that had been used successfully by other communities. He noted the difference between this
and past efforts was that these discussions would be with residents and business and property owners,
people who were there now and would stay there which differed from talking with stakeholders who
purchased property, developed it and moved on. He emphasized the importance of developing
information for the Planning Board's consideration. He urged the Council to approve the funding request
rather than delay it and lose the opportunity.
Council President Earling disagreed Councilmembers had the same objectives for economic
development, and the same goals and objectives for Hwy. 99, indicating this was the reason a
professional study was needed. He was frustrated by government planning forever and seldom doing
anything.
Edmonds City Council Approved Minutes
November 3, 2003
Page 10
Councilmember Petso observed the Council discussion had referred to planning for the long term and for
the short term, and had cited a deadline that was not actually a deadline. She questioned whether the
process was backward, whether adopting a plan first and then recruiting the businesses was appropriate.
She preferred to identify businesses and then determine zoning changes that were necessary to
accommodate those businesses. The Task Force had apparently not considered job creation when
considering development on Hwy. 99 which would allow residents to work and live in the City.
Councilmember Plunkett commented that even if he did not support this proposal, he felt the Task Force
was doing a great job. He noted the Council did have the same goals and objectives for Hwy. 99 — to
increase business activity. He suggested the Task Force return to the Council with more information.
UPON ROLL CALL, MOTION FAILED (3 -4), COUNCIL PRESIDENT EARLING, AND
COUNCILMEMBERS MARIN, AND WILSON IN FAVOR, AND COUNCILMEMBERS PETSO,
DAWSON, PLUNKETT AND ORVIS OPPOSED.
Mayor Haakenson advised the Port went through the same process, holding focus groups followed by
larger meetings, when developing their Master Plan. He recalled the Council created the Hwy. 99 Task
Force and appointed Councilmembers Marin and Wilson to the committee. He noted staff would follow
whatever vision the Council provided. If the Council wished to add this $13,000 funding request to the
2004 budget request, a Councilmember would need to recommend its addition at the budget workshop.
10. MAYOR'S COMMENTS
Mayor Haakenson reminded the public that November 4 was Election Day. He wished Councilmember
Dawson a Happy Birthday on November 5.
11. COUNCIL COMMENTS
Council President Earling encouraged the public to vote. He recommended the Task Force not present
their request to the Council until it was well thought out.
Councilmember Wilson wished Councilmember Dawson a Happy Birthday.
With no further business, the Council meeting was adjourned at 8:45 p.m.
AX.44e���
ARY H ENSON, MAYOR
SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
November 3, 2003
Page 11
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0
Revised 10131103 at 10:30 a.m.
AGENDA
EDMONDS CITY COUNCIL
Council Chambers, Public Safety Complex
250 5th Avenue North
7:00 - 10:00 p.m.
NOVEMBER 3, 2003
Special Monday Meeting
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 October 28, 2003.
(C) Approval of claim checks #66363 through #66511 for the week of October 27,
2003, in the amount of $557,910.76.
(D) Acknowledge receipt of Claim for Damages from Thomas McMillin ($395.00).
(E) Approval of Findings of Fact for a Closed Record Review held October 7, 2003
regarding an appeal of the Architectural Design Board's decision to approve an
application for a new mixed use building. The property is located at 215
(currently addressed as 207 and 211) 5th Avenue North and is zoned BC
(Community Business). (Appellants: Darrell Marmion and Leslie Haan,
Stephen Bernheim and Susan Bauer / Applicant: MJ and MP Investment LLC /
File No. ADB -03 -56 and AP -03 -142)
(F) Approval of Findings of Fact for a Public Hearing held October 21, 2003
regarding a request to vacate a 12 -foot wide by 75 -foot long portion of the
alley immediately to the north of 920 - 8th Avenue South. (Applicant: Thomas
and Susan Nicholson / File No. ST -03 -120)
(G) Authorization to advertise for Statements of Qualification from consultants for
the design of the 100th Avenue West right -of -way stabilization project.
(H) Authorization for the Mayor to sign a Professional Services Agreement with
CH2M Hill for Olympic View Drive Water Main and Sewer Laterals Installation
Design.
Page 1 of 2
CITY COUNCIL MEETING AGENDA
NOVEMBER 3, 2003
Page 2 of 2
(1) Authorization for the Mayor to sign the First Addendum to the Interlocal
Cooperation Agreement for Vehicle Maintenance Services Between the City of
Edmonds and the Town of Woodway.
(J) Proposed Ordinance rezoning certain real property described in File No. R -03-
75, located west of 75t' Place .West in Edmonds, Washington from Single -
Family Residential (RS -20) to Single - Family Residential (RS -12).
(K) Proposed Ordinance adopted pursuant to RCW 35A.63.220; adopting an interim
zoning regulation imposing a moratorium on the processing of permit and
license applications for the establishment of opiate substitution treatment
service provider facilities within the city; establishing a public hearing date
within sixty days of the adoption of this ordinance; and fixing a time when the
same shall become effective.
(L) Proposed Ordinance adopted pursuant to RCW 35A.63.220; amending Title 20
of the Edmonds Community Development Code by adding a new Chapter 20.16
Essential Public Facilities thereto; adopting regulations governing the siting,
permitting and mitigation of Essential Public Facilities; setting a public
hearing, and fixing a time when the same shall become effective.
3. (10 Min.) Annual Report - Hearing Examiner Ronald McConnell
4. (10 Min.) . Annual Report -Prosecutor Jeffrey Goodwin
5. (10 Min.) Annual Report -public Defender James Feldman
6. (10 Min.) Annual Report- Municipal Court Judge James White
7. (10 Min.) Annual Report -City Attorney Scott Snyder
8. Audience Comments (3 Minute Limit Per Person)*
'Regarding matters not listed as Closed Record Review or as Public Hearings.
9. (10 Min.) Request for Council Contingency Funds for the Highway 99 Task Force Project.
10. ( 5 Min.) Mayor's Comments
11. (15 Min.) Council Comments
ADJOURN
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 as well as a delayed telecast of
the meeting appears on cable television Government Access Channel 21.