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09/21/1999 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES SEPTEMBER 21, 1999 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Thomas A. Miller, Council President Dave Earling, Councilmember Gary Haakenson, Councilmember John Nordquist, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember ALSO PRESENT Christie Lee, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Robin Hickok, Police Chief Peggy Hetzler, Administrative Services Director Jeff Wilson, Planning Supervisor Noel Miller, Public Works Director James Walker, City Engineer Arvilla Ohlde, Parks and Recreation Director Stephen Koho, Wastewater Treatment Plant Mgr Kate Galloway, Planner Georgia LaBelle, Human Resources Analyst Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder hange to Mayor Fahey requested a 20- minute discussion of a legal matter be added to the Executive Session (Item genda 15). Council President Miller requested Item 7 (Presentation of Community Grant Awards) be moved up to Item 4A, and a presentation on the SnoCom Remodel/Expansion. project be added to the agenda as Item 12A. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO ADD A 20 MINUTE DISCUSSION OF A LEGAL MATTER TO THE EXECUTIVE SESSION, MOVE ITEM 7 TO. ITEM 4A, AND ADD A PRESENTATION ON THE SNOCOM REMODEL/EXPANSION PROJECT AS ITEM 12A. MOTION CARRIED. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. 2. CONSENT AGENDA ITEMS Councilmember White requested Item K be removed from the Consent Agenda. COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items approved are as follows: Edmonds City Council Approved Minutes September 21, 1999 Page 1 1 Item K• Proposed Resolution Establishing a Temporary Use Classification for Certain PropertX Temp. Use Classifica- Acquired by Virtue of Treasurer's Deed No. 5358, Described as the East Twenty Feet and the tion for South Twenty Feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 27, Property Range 3 East. W.M. Near oodway Meadows Councilmember White explained this is the proposed resolution to establish a temporary use classification for the property that borders the Woodway Meadows area. At the time it was presented to the Council, he voted in opposition to this action and would not vote in favor of it tonight. He explained there are three available emergency accesses to this property, to the north, south, and in the middle. If this action is approved, the accesses to the north and south will be built upon, leaving only the access in the middle. Therefore, this action is essentially establishing the only possible remaining emergency access in the location where it currently exists (in the middle) and determines the location regardless of whether a public hearing is held for public input. Councilmember Haakenson asked if there would still be a public hearing before the Planning Board if the Council approves this item tonight. City Attorney Scott Snyder answered yes. Councilmember White asked the purpose of the public hearing. Mr. Snyder answered it would be to review the flooding problems raised by citizens in the area and to determine the appropriate classification of the property Edmonds City Council Approved Minutes September 21, 1999 Page 2 (A) ROLL CALL pprove (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 7,1999 inutes (C) APPROVAL OF CLAIM WARRANTS #34992 THROUGH #35876 FOR THE WEEK OF pprove l aim SEPTEMBER 6, 1999, IN THE AMOUNT OF $218,892.32. APPROVAL OF CLAIM arrants WARRANTS #34995 THROUGH #36134 FOR THE WEEK OF SEPTEMBER 13, 1999, IN THE AMOUNT OF $316,255.11. APPROVAL OF PAYROLL WARRANTS #26168 THROUGH #26302 FOR THE PERIOD SEPTEMBER 1 THROUGH SEPTEMBER 15, 1999, IN THE AMOUNT OF $460,827.00. Travel Reimburse- (D) APPROVAL OF NEW TRAVEL REIMBURSEMENT POLICY ent Policy ommunity (E) APPROVAL OF COMMUNITY GRANT AWARDS ants hlorine/ (F) REPORT ON BIDS OPENED SEPTEMBER 7, 1999, FOR LIQUID CHLORINE AND hemicals AWARD TO JONES CHEMICAL ear 2000 I (G) REPORT ON QUOTES FOR PRODUCTION OF YEAR 2000 TOURISM PROMOTION alendar I CALENDAR AND AWARD TO IMPRESSION PRINTING ($6,315.09) ity Park I (IT) AUTHORIZATION TO CONTRACT WITH D. N. MILLER AND ASSOCIATES TO Bldg. Boiler REPLACE THE CITY PARK BUILDING BOILER ($9,725.13) Improve (I) AUTHORIZATION FOR MAYOR TO SIGN REVISED INTERLOCAL AGREEMENT Ballfield at WITH EDMONDS SCHOOL DISTRICT FOR BALL FIELD IMPROVEMENTS AT ormeT o odw 4', ay FORMER WOODWAY HIGH SCHOOL Nigh (J) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT Emission WITH AM TEST -AIR QUALITY FOR CONDUCTING EMISSION TESTS AT THE est at Tp TREATMENT PLANT Item K• Proposed Resolution Establishing a Temporary Use Classification for Certain PropertX Temp. Use Classifica- Acquired by Virtue of Treasurer's Deed No. 5358, Described as the East Twenty Feet and the tion for South Twenty Feet of the Northwest Quarter of the Southwest Quarter of Section 36, Township 27, Property Range 3 East. W.M. Near oodway Meadows Councilmember White explained this is the proposed resolution to establish a temporary use classification for the property that borders the Woodway Meadows area. At the time it was presented to the Council, he voted in opposition to this action and would not vote in favor of it tonight. He explained there are three available emergency accesses to this property, to the north, south, and in the middle. If this action is approved, the accesses to the north and south will be built upon, leaving only the access in the middle. Therefore, this action is essentially establishing the only possible remaining emergency access in the location where it currently exists (in the middle) and determines the location regardless of whether a public hearing is held for public input. Councilmember Haakenson asked if there would still be a public hearing before the Planning Board if the Council approves this item tonight. City Attorney Scott Snyder answered yes. Councilmember White asked the purpose of the public hearing. Mr. Snyder answered it would be to review the flooding problems raised by citizens in the area and to determine the appropriate classification of the property Edmonds City Council Approved Minutes September 21, 1999 Page 2 received under the Treasurer's Deed including review of the Master Street Map and the City's trail and bikeway program. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER eso #959 PLUNKETT, FOR APPROVAL OF ITEM K. MOTION CARRIED, COUNCILMEMBER WHITE Temp. Use OPPOSED. The item approved is as follows: Classifica- tion for (I) RESOLUTION NO. 959 ESTABLISHING A TEMPORARY USE CLASSIFICATION FOR Property CERTAIN PROPERTY ACQUIRED BY VIRTUE OF TREASURER'S DEED NO. 5358, oodway DESCRIBED AS THE EAST TWENTY FEET AND THE SOUTH TWENTY FEET OF eadows THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27, RANGE 3 EAST, W.M. F cks 3. PROCLAMATION RECOGNIZING SEPTEMBER 18 TO OCTOBER 3 AS WASHINGTOto WATERWEEKS IN EDMOND Mayor Fahey explained September 18 to October 3 is WaterWeeks in Edmonds. There will be a Watershed Fun Fair on Saturday to better inform the public how watersheds work, preserving water quality, etc. This education process is one of Edmonds' proactive approaches to preservation of salmon mandated by the ESA. Mayor Fahey read a Proclamation declaring September 18 to October 3 as WaterWeeks and presented the Proclamation to Parks and Recreation Director Arvilla Ohlde and Public Works Director Noel Miller. Ms. Ohlde explained as each city addresses water quality, Edmonds uniquely is offering a Watershed Fun Fair at the Anderson Center at 10:00 a.m. on Saturday. The fair will include booths, programs, vendors, etc. who will discuss water quality, issues unique to Edmonds due to its location on Puget Sound as well as nearby drainage basins, and habitat that needs to be preserved and protected. She explained the Parks and Recreation Department does environmental education; nearly 250 classrooms of children each year participate in the Discovery Program (formerly Beach Rangers), an educational protection/preservation program. Mr. Miller pointed out this is an issue that involves everyone in the community and not just a few City departments. Public Works has done a great deal to protect water quality in area streams and will be describing more programs when the City's response to the ESA listing is discussed next month. He said Public Works staff has partnered with Parks and Recreation, Engineering, and Development Services to develop a map identifying watersheds, boundaries, etc. He encouraged the public to participate in the Watershed Fun Fair. Closed 4. CLOSED RECORD MEETING — APPEAL OF THE HEARING EXAMINER'S DECISION TO Record APPROVE A CONDITIONAL USE PERMIT TO ALLOW A DETACHED AC ES ORY Meeting— DWELLING UNIT WITHIN A SINGLE FAMILY RESIDENTIAL (RS -8) ZONE (Property 23303100th Location: 23303 100th Avenue West / Appellant; Anne Waite — File No AP -99 -169 / Applicants: P -99 -169 Lambrecht/Moerk — File No. CU -99 -91 Planner Kate Galloway explained this application for an attached accessory structure was filed in Snohomish County in October 1997. During the review of the application, the property was annexed to Edmonds as part of the Firdale Annexation, which became effective on December 7, 1997. At that time an interlocal agreement was not completed specifically for the Firdale annexation so it referred to the general interlocal that was adopted between Edmonds and Snohomish County. Per that agreement, all applications that are in process could be continued until the end of the calendar year when the annexation Edmonds City Council Approved Minutes September 21, 1999 Page 3 1 took place. Therefore, all applications should have been transferred to Edmonds on January 1, 1998, including the Lambrecht/Moerk application. Unfortunately, Snohomish County continued to process the application, issuing approval in May 1998. The appellant, Anne Waite, appealed to the Snohomish County Hearing Examiner and following two hearings, Snohomish County's Hearing Examiner concluded they did not have jurisdiction and remanded the application to Edmonds for completion. The City tried to work with Snohomish County including sending it back to the County with a memorandum of understanding to have them complete the application on the City's behalf. Unfortunately, that was not possible as additional issues must be addressed in a memorandum of understanding. The City accepted the application and began processing it on April 15, 1999 for a Conditional Use Permit (CUP) which requires review by the Hearing Examiner. Staff recommended approval of the attached accessory building, finding it was consistent with Snohomish County Code. The Hearing Examiner concurred with staff and approved the CUP on July 29, 1999. The appellant, Anne Waite requested reconsideration on August 5, 1999. The Hearing Examiner reviewed her request and found that no substantial new information was provided and denied the request, upholding_ his original decision. On August 20, 1999, Ms. Waite appealed the Hearing Examiner's decision. Ms. Galloway directed the Council's attention to Item 1 on.page 122; which contains new issues that are not part of the original discussions, specifically addressing trees. Issues raised include vesting, which the Snohomish County Hearing Examiner addressed in his decision (page 98 of the packet), and that the hobby shop is separate from the accessory apartment and garage, which is also addressed in the Hearing Examiner's decision (page 101 of the packet). The issue that the proposed structure does not appear to be subordinate to the main house is addressed in the staff report (page 8 of the packet), and the Hearing Examiner's decision (page 101 of the packet). Ms. Galloway said staff reviewed the letter submitted to the Council tonight and found no additional information was raised in the letter. However, the arguments are outside the scope of the appeal and cannot be answered other than by Snohomish County personnel. Mayor Fahey explained this was a quasi-judicial decision. It is a closed record review, which requires that only information previously . presented can be considered. Mayor Fahey asked if any Councilmembers wished to make a disclosure. Councilmember Earling said his company sold Anne Waite her home approximately four years ago. He was not involved in the sale, one of his agents sold the home. There were no further disclosures. Mayor Fahey asked if any member of the audience wished to challenge the participation of any Councilmember. There were no challenges stated. Mayor Fahey advised Councilmember Earling was empowered to participate in the decision. Mayor Fahey described the procedures for the review, explaining the appellant would be given ten minutes to present their position and may retain some of that time for rebuttal. Members of the public with standing will then be. allowed to provide comment for three minutes each. The applicant would have ten minutes to make their presentation, followed by any rebuttal time the appellant may have reserved. Mayor Fahey asked Ms. Galloway to describe the issues that have arisen. Ms. Galloway explained the applicant wanted to construct an accessory apartment above a garage and a hobby room, separate from their main residence. The appellant feels 1) there are vesting issues that it should not be reviewed by Edmonds City Council Approved Minutes September 21, 1999 Page 4 Snohomish County under County regulations, 2) that the hobby room should be counted as part of the square footage area of the apartment which makes it non - conforming with the Snohomish County Code, and 3) the proposed structure is not subordinate to the main house (it. is too large). Councilmember White referred to page 122 of the packet, where Ms. Galloway indicated there is information not contained in the record, and asked if both parties agreed to that. City Attorney Scott Snyder said the information regarding trees that Ms. Galloway was referring to is in paragraph 1 (lines 3- 6 and 9 -15); Ms. Galloway's attendance at the hearings and review of the materials indicates reference was not made to those issues. Mr. Snyder said the Council may wish to raise the issue as both parties make their statement. Appellant . Anne Waite indicated she was not aware she would be able to speak tonight and Jonathan Hatch, who assisted her with the legal materials, was not present. She did not wish to reserve time for rebuttal. She said although there were some issues she could address verbally, there was more documentation than she could quickly summarize. She explained the Edmonds Planning Department's decision and the Edmonds Hearing Examiner's decision were based on a document that was. issued by Snohomish County five months after they were aware they lost jurisdiction over this issue (dated May 11, 1998), a document she felt had no legal standing. She questioned why this document was ever written and said no conclusions should be based on the statements in the document. At the time the land was annexed into Edmonds, she said the condition of the application for an 850 -foot maximum detached accessory apartment in Snohomish County was such that the application did not comply with Snohomish County Code on-at least two counts, as indicated on page 92 of the packet (dated December 8, 1997). One of the code provisions limits the square footage for a CUP for an accessory apartment, another states a detached accessory apartment must be similar in appearance with the main house. The Snohomish County site plans examiner stated the square footage was over and asking to include a garage with the detached accessory . apartment did not match the main house's features because the main house did not have a garage. Ms. Waite displayed a drawing of the main house and the proposed structure. She said the request is for a special CUP for a detached accessory apartment. However, what the applicant is trying to build is 35% larger than the existing house. Further, there are issues of code interpretation and intent of the code. She said the only way the three can be grouped is by utilizing the firewall code so that each is a separate building, which raises the question of intent. There is also a, jurisdictional issue regarding the 1,100 square foot hobby room which would require a special CUP of its own under Snohomish County as it is not a usage that is recognized. She said that issue has not been addressed by the Edmonds Hearing Examiner or anyone else. As of December 8, 1997, the Snohomish County site plans examiner found that this application did not meet Snohomish County criteria and wrote a letter to the applicant (page 92 of the packet) outlining what changes would be necessary for the application to be acceptable. Ms. Waite alleged the Edmonds Hearing Examiner and the Edmonds Planning Department based their decision on the information in the May 11, 1998 document. She reiterated her point that the May 11, 1998 document did not have legal standing. She requested the Council review this complicated issue to determine the intent of Snohomish County Code. She pointed out the reason a CUP is required is so that such uses could be closely regulated. She pointed out the May 11, 1998 letter contradicted the December 8, 1997 letter and there is no documentation in Snohomish County of any communication between the County and the applicant regarding the requested amendments and no explanation why the May 11, 1998 letter was issued. She stressed there was none of the usual procedural history that should have occurred Edmonds City Council Approved Minutes September 21, 1999 Page 5 if the applicant had responded to the December .8, 1997 letter. She felt no one's rights would be lost if the application proceeded as of December 8, 1997 and this would be a reasonable position for the City to take. Ms. Waite referred to vesting and said vesting usually arises when the law changes - within a jurisdiction. She said no legal precedent has been found for a change in the jurisdiction. She reiterated the 1,100 -foot hobby shop would have required its own'CUP under Snohomish County regulations and this issue has not ever been addressed. She said if the May 11, 1998 letter had not been written, the situation would have been more straightforward. Public Comment by Individuals with Standing There was no one present who wished to make comment. Applicant M'Lisse Lambrecht, 23303 100 "' Avenue S, Edmonds, thanked the City's Planning Department for taking the initiative to settle this matter which has been bantered about between Snohomish County and Edmonds for nearly two years. As a resident of this home for 24 years and an active member of the community, she and her husband did not feel it would be in their best interests, financially or morally, to build a structure that was incongruent with their neighborhood which includes both single family and multi - family dwellings. She said they, together with their architect, developed plans for a structure that they too would be content to look at. Ms. Lambrecht stated the appellant made the erroneous assumption that after she moved in the neighborhood would not change.. Ms. Lambrecht stressed that things do change. Throughout changes that have occurred in their neighborhood, Ms. Lambrecht said she has relied on the wisdom of elected officials'and local governing bodies to pass laws and establish guidelines to address growth. She said they have maintained strict adherence to all laws and guidelines in their application process and have not asked for special consideration nor circumvented any regulations but want to exercise the legal use of their property. Ms. Lambrecht said throughout this process, the appellant has stated she is not opposed to the applicant gaining the full legal use of their property but only requests her rights not be violated. Ms. Lambrecht said the appellant appears to have confused her rights with her hopes, wishes, and desires. She said since permits have been purchased, surveys conducted, plans submitted; and rules adhered to, and two governing agencies have granted legal permission to proceed with this project, they should be allowed -to proceed without further delay. Councilmember Haakenson asked Ms. Waite why she does not want the building there.. Ms. Waite answered she was told by the Snohomish County planner in December 1997 that he would not approve the application as he felt it did not comply with Snohomish County Code- requirements. She understood the application did not meet the requirements of Snohomish County and was surprised when the application was approved. Councilmember Haakenson observed the issue for Ms. Waite was not the size of the building or the appearance but was a matter of principle. Ms. Waite answered it is first and foremost a matter of principle. In addition, she has studied the code and personally believes the structure would not honor the intent .of the code. She did not agree with "piecing together a whole bunch of components under one CUP. to develop a huge structure" but that was secondary to her understanding that Snohomish County did not feel it was in compliance. Councilmember Plunkett recalled Ms. Waite indicated the process was procedurally flawed and asked if there was documentation to support this. Ms. Waite said the December 8 letter (page 92 of the packet) Edmonds City Council Approved Minutes September 21, 1999 Page 6 clearly indicates the changes necessary to meet the requirements of Snohomish County. When they received the May 11 letter, they had only a few days to prepare an appeal. Their review discovered there was none of the normal correspondence between applicants and the County in the file. The applicant was provided a letter outlining the changes that would be necessary; there would normally be correspondence between the applicant and the County how issues were being addressed. She felt this represented a procedural irregularity. Councilmember Plunkett asked what was perceived as normal correspondence and whether its absence indicated the process was procedurally flawed. Ms. Waite said that was an issue that perhaps the Council /City could determine. She said the planner she dealt with expected that information to be in the file. Mr. Snyder cautioned Ms. Waite to confine herself to the testimony in the record. Ms. Waite said another huge irregularity was that the Snohomish County site plans examiner told her in December 1997 that the application did not meet the requirements, would not be approved before December 31, 1997 and he would let it go to Edmonds' jurisdiction without it having been approved. Mr. Snyder asked Ms. Waite to cite the portion of the record that contained that information as it did not appear it was contained. in the record. Ms. Waite said one of the problems in this matter is not all the documentation has ever been submitted to the Edmonds Planning Department or to the Council. Mayor Fahey explained it is the appellant's responsibility to raise the issues and ensure the documentation is in the record. Because this is a closed record review, no party can reference information that is not part of the record. Ms. Waite said when Snohomish County sent the May 11 correspondence, they were required to file their appeal on that. The first paragraphs of their appeal indicate they were told in December 1997 that 11 the application would not be approved during the time Snohomish County had jurisdiction and would be sent to Edmonds as of December 31, 1997. She felt Snohomish County's issuance of an approval six months later represented an obvious irregularity. COUNCILMEMBER VAN HOLLEBEKE MOVED,. SECONDED BY COUNCIL PRESIDENT MILLER, TO EXTEND THE CLOSED RECORD REVIEW FOR 20 MINUTES. MOTION CARRIED. Councilmember Van Hollebeke referred to Item 2 on page 6 that states, "The site contains a 1,806 square foot single - family residence" and b(3) on page 8 that states, "The proposed accessory dwelling unit will have an approximate area of 769.5 square feet. The existing residence has an area of 1,984.8 square fee." He pointed out the discrepancy in the square footage of the existing residence, as well as a discrepancy between the square footage indicated for the accessory dwelling unit and Ms. Waite's testimony that the hobby shop is 1,100 square feet. Ms. Galloway answered the accessory apartment is 769 square feet and is one portion of the proposed building. The hobby shop /garage are separate from the apartment. She agreed the hobby shop is approximately 1,100 square feet and the accessory apartment is approximately 700 square feet. The CUP was specifically for the apartment. Mr. Snyder directed the Council's attention to page 40 (Attachment 3D), the definition of building in Snohomish County, "when separated by dividing walls without opening each portion of the building so separated shall be deemed a separate building." Mr. Snyder said the Hearing Examiner cited this section in reaching a determination and it was not disputed. The installation of a firewall obligated Snohomish County to view the hobby shop and garage as separate buildings from the apartment. Edmonds City Council Approved Minutes September 21, 1999 Page 7 Councilmember Van Hollebeke asked what jurisdiction applied, Edmonds or Snohomish County. Mr. Snyder concurred with the Hearing Examiner's conclusion ' that pursuant to the interlocal agreement, Edmonds was obligated to process this permit consistent with the Snohomish County Code in which the . applicant was vested and the accessory dwelling unit determination was most analogous to a CUP. Pursuant to the Sneider Homes case cited in the packet, rights in a CUB' are vested in the jurisdiction in which it is filed. Councilmember Van Hollebeke asked whether the accessory dwelling unit in this matter met the criteria in the Snohomish County Code. Mr. Snyder said that is for the Council to determine. Councilmember Earling observed over the past several years, the City has done several annexations. He asked if each annexation had been 'treated in the same manner in regard to zoning issues, status of applications, etc. Mr. Snyder answered the interlocal agreement is the first passed and enacted pursuant to GNU, therefore, this is the first time this issue has come before the Council. Councilmember White asked the location of the May 11, 1998 letter in the packet. Ms. Galloway answered the summary information attached to Snohomish County Director Stephen Holt's letter on page 29 is the May 11 document that has been referred to. Councilmember White asked if the record contained information regarding what transpired at the Snohomish County level between the December 8, 1997 letter and the May 11, 1998 letter. Ms. Galloway answered the record does not contain that information. Mr. Snyder observed although it may be frustrating for the Council to receive a record that appears to have holes in it, the structure of State law following the Regulatory Reform Act obligates the Council to make a decision based on the record. Recent case law in the Court of Appeals makes it clear that the only remand would be for evidence that is newly discovered and could not, in the exercise of reasonable caution, have been discovered. Therefore, Council cannot remand for information that existed and should have been included in the record. Councilmember Van Hollebeke asked whether the three units would appear to be one physical structure. Ms. Galloway answered yes. Councilmember Van Hollebeke observed the code allows a firewall to separate them into separate structures. Ms. Galloway agreed. Councilmember Van Hollebeke asked the square footage of the three separate units. Mr. Snyder said the appellant testified at the hearing that the size of the total garage /accessory unit exceeded the existing house by 35% and that information was not refuted. Council President Miller observed the unheated portion floor space is 1,120 square feet and is separated by a firewall. He asked if this was the appropriate permit process for the remainder of the structure. Ms.. Galloway answered Snohomish County Code permits detached accessory structures such as a garage, hobby shop, etc. but special approval is required for an apartment. Under Snohomish County Code only the setbacks must be met to build a garage. The appellant contends the .Snohomish County Code does not allow the hobby shop outright but staff's interpretation is that it is permitted. Therefore, staff determined the hobby shop and garage are permitted and the only issue was the apartment. Mayor Fahey clarified Ms. Galloway's explanation was Snohomish County does not require a permit for a garage. Mr. Snyder said the record does .not indicate whether Snohomish County requires such a permit. Edmonds City Council Approved Minutes September 21, 1999 Page 8 Councilmember Van Hollebeke observed the only portion the Council can consider is the accessory dwelling unit of approximately 769 square feet. Ms. Galloway agreed that was the argument made by staff and approved by the Hearing Examiner. Councilmember White asked how the ECDC applied. Ms. Galloway answered it did not apply, staff only utilized the Snohomish County Code. Mr. Snyder pointed out Edmonds procedures are being followed and both jurisdictions have the same limitations under the Regulatory Reform Act. Councilmember Earling referred to section 2 on page 70 (Attachment 2), an Interlocal Agreement between Edmonds and Snohomish County, and asked if this was typical of the type of interlocal agreement the City has. Mr. Snyder answered yes, following the Growth Management Act, such an interlocal would be required for each annexation. Mayor Fahey closed the hearing and remanded the matter to Council for deliberation. Councilmember Van Hollebeke pointed out the Council can only consider the accessory dwelling unit which is less than 770 square feet. As the residence-is 1,800 — 1,900 square feet, the accessory, dwelling unit is within the allowable limits. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO DENY THE APPEAL AND' UPHOLD THE HEARING EXAMINER'S DECISION TO APPROVE A CONDITIONAL USE PERMIT FOR THE REQUESTED DETACHED ACCESSORY DWELLING UNIT. MOTION CARRIED. ommunity 4A. PRESENTATION OF COMMUNITY GRANT AWARDS rant - Wards Councilmember Earling explained a few years ago the Council, in an effort to create an orderly process for reviewing applications for grants, established a process to review applications for community grants twice per year. The 1999 budget included $20,000. During the first presentation of grants earlier this year, $15,000 was awarded, leaving $5,000. The total grant requests for the first presentation totaled approximately $80,000 and the grant requests for this second presentation totaled $37,000, an indication there is significant interest in the program although a limited amount of funds. He said it was a difficult decision to determine which organization to provide a grant to as there were several very good applications. He explained the Finance Committee (Councilmember Haakenson and he) made the recommendation regarding the grants which was approved by the Council on the Consent Agenda. Councilmember Earling explained Edmonds Community College will begin construction of a music building on their campus this fall after waiting 20 years. -He' presented a grant to the. Edmonds Community College in the amount of $1,000 toward the purchase of a piano for the music department. Susan Costick, Edmonds Community. College, thanked the Council for the grant. She explained ECC's music program celebrated its 25' anniversary this summer. The music program has been conducted in temporary housing for 25 years. Construction on the music building will begin soon but there are no funds in the bond to outfit the. building with new equipment and instruments which the $1,000 grant will be a great start toward. Councilmember Haakenson presented a $750 grant to Teen Hope, an organization which has done a tremendous job in the community of taking youth off the street and providing them food and shelter. Sandy Chase, Teen Hope Boardmember, explained Teen Hope is an emergency shelter and crisis center for at -risk youth. It is located in Shoreline near the border of Edmonds and serves the Edmonds Edmonds City Council Approved Minutes September 21, 1999 Page 9 1 community as well as neighboring communities. It is one of only five shelters for teens in the State of Washington. The grant will be used for the Peace Table Program, a youth and family mediation program using teams of professionally trained teen and adult mediators. This program strives to reach families and teens in crisis before the conflict escalates and the teens become homeless as well as reconnect those who are already estranged and not living at home. She said one of the main goals of Teen Hope is to reach youth before they are homeless because once they are homeless, they are difficult to get back. She said this is an extremely valuable service to the community and, on behalf of the Board of Directors, staff of Teen Hope and everyone involved, thanked the Council for the grant. Councilmember Earling presented a $750 grant to .the Steven Hospital Foundation for the Grievance Support Program. Alexandra Hepburn, Grievance Support Program Coordinator, explained the Steven Hospital Foundation Board established a community- oriented bereavement program that would extend beyond what existed in the hospital. Such a program does not exist elsewhere as bereavement programs in the region are hospice- based. She said they provide bereavement support, community education programs, will sponsor a workshop this weekend on adolescent grief, and hope to begin a children's bereavement program next year. She thanked the Council for their support of this program. Councilmember Haakenson said each year the Downtown Edmonds Merchants Association brings the City a holiday celebration including Santa Claus. He presented a $1,000 grant to the Merchants Association for the holiday promotion. Joann Langedorfer, Downtown ,Merchants Association, thanked the Council for their generosity and explained the Downtown Merchants Association and the Chamber of Commerce are developing holiday plans that will support Edmonds merchants. The holidays are a critical time for merchants as well as an opportunity to introduce the community to stores and shops and to involve the public in the community spirit. Shari Nault, Chamber of Commerce, explained this year's program is being expanded from a one weekend celebration to three weekends and will include high school groups, non - profit and choral groups, a holiday stroll so that the restaurants are included, etc. She said the family aspect of the celebration is being retained and the retail portion expanded. Councilmember Earling explained the Olympic Ballet has been in the community for a number of years and has added a great deal to the cultural benefit of the community. He presented Olympic Ballet a $1,500 grant to refurbish sets and create lighting for the Nutcracker. Helen Wilkins, Olympic Ballet, said they are proud to be part of the community. The full length Nutcracker has been performed for 18 years and costumes and sets are beginning to deteriorate. 5. AUDIENCE COMMENTS Cruising 1 Al Rutledge, 7101 Lake.Ballinger Way, Edmonds, recommended the City obtain a cruising permit on Permit Ballinger Way and Hwy 99 to regulate speeding in the area. He referred to the hearing (Item 3 on tonight's agenda) and said the City should adopt an ordinance establishing a 120 -day period for the County or City to make a decision rather than the Council. Carl Pearson, 16311 75"' Place W, Edmonds, displayed a map entitled, City of Edmonds and Clay rai ` Enterprises Stormwater Impact on Private Property. He described a civil incident that occurred on �`eadowdale' rainage - � p p t3' Friday at his home when five contractors, a security officer, the owners of two properties above his home and City Attorney Scott Snyder walked on his property with pipes and an armed guard to install. pipe on the back-of his property without an easement. His conversation with Mr. Snyder indicated they were - going to install pipe, which he (Mr. Pearson) objected to because the property permits, easements, etc. had not been obtained. Mr. Pearson explained :he asked the people to leave his property, pointing out Edmonds City Council Approved Minutes September 21, 1999 Page 10 they were trespassing and damaging his property by digging a hole to bury the pipe. When they refused to leave, he called the Edmonds Police who indicated this was a civil matter. The contractors were allowed to continue digging up his yard. Mr. Pearson submitted additional materials to the City Clerk. Councilmember Plunkett acknowledged Mr. Pearson was frustrated with a water situation that the City has been working to correct. He asked if water was still'running down the hill onto his property. Mr. Pearson answered yes, and explained the residences above him were allowed to put water into a pipe into a creek that runs along side his house. He commented that on August 5, the maintenance crews were dispatched to clear mud and debris in the drains causing water to overflow onto Mr. Lawson's property to the north. The SEPA permit these residences obtained from the City indicated they could not put anything into this creek; however, during the construction process, they have obtained some type of permission to put water in the :creek in violation of the SEPA determination as well as their geotech's report that specifically stated they could not concentrate and dump water into an environmentally sensitive area. Mr. Pearson explained this is an extremely steep area where slides have occurred (within the Meadowdale slide zone). Councilmember Plunkett asked if this was connected to the old LID 210. Mr. Pearson identified the location of LID 210, which ran from the creek diagonally across his property. In order to build his home, a pipe was relocated and reconnected. At the time his permit was obtained, plans were developed for an interceptor system with a catch basin on the LID 210 system. He. was told by the City Engineer at that time that no additional water should enter the pipeline because it was already burdened by the creek. Therefore, he was not allowed to add water from his yard to the pipe, requiring construction of a private water system, yet the residences above (1.22 acres of impervious surface) were allowed to. He identified a catch basin on his property that is very difficult for maintenance personnel to reach. Councilmember Haakenson said information was provided to the Council regarding an area close to Mr. Pearson's property and asked if an update would be available next week. Mr. Snyder advised the Council was provided a report on a dispute with Mr. Lawson. The recommendation is that the Council set this matter for public hearing as soon as possible and authorize a condemnation action which would resolve the issue of ownership. Regarding the location of the pipe, the City Engineer confirms the contractor did not follow the plan that was approved by the City in 1996. Mr. Snyder said he earlier confirmed with Mr. Pearson that the City would have permission to come onto his property to survey the location of the pipe so that the pipe is placed in accordance with the City's 1996 approvals for the development. The pipe must be in the proper place, inspected by the City and accepted before the City would require maintenance. Mr. Pearson submitted a letter to the City Engineer raising a number of questions; Mr. Snyder offered to provide the Council a copy of the City's response.. He said a survey of the location of the pipe is now required and if it is not where it is supposed to be, the contractor is to be notified to locate the pipe in the proper place, condemnation action initiated to resolve the ownership issues Mr. Lawson has raised, and the information requested by Mr. Pearson be provided by the City Engineer. Carl Pearson read a statement submitted by Cliff Lawson, 16215 75 "' Place W, Edmonds, including a letter dated September 16, 1999, written by Mr. Lawson's attorney, Richard Cole to R. Scott Hutchison, Attorney for Diane Clay Enterprises, the City of Edmonds Attorney Scott Snyder, and KLB Construction. The letter stated, "I was informed by Scott Snyder, attorney for the city of Edmonds, that the city has directed and /or authorized your clients' contractor, KLB Construction, Inc, to enter my clients' property tomorrow morning at 7:00 a. in. for the purpose of connecting the storm sewer line on my clients' property at some unknown location. As you know, you sent me some drawings which I Edmonds City. Council Approved Minutes September 21, 1999 Page 11 received on June 21, 1999, and which I informed you they were not clear enough for us to determine exactly what the intentions were or where the pipe would be installed if it were installed. Since that time I hear nothing from you. 1) Your clients do not have my clients' permission to have their contractor enter onto my clients' property for any purpose. The threatened entry tomorrow is totally unauthorized by my clients. The city of Edmonds has no legal authority to give or grant your clients permission or authority to enter onto my clients' property for any purpose. The purported storm water easement on which the city relies with the claim that it (the city) can move the easement is without any merit. The easement dated July 8, 1983, specifically states: "Said construction easement will end upon the completion of the construction of the storm sewer, or at January 1, 1985, whichever comes first. " At best the easement could have been moved prior to January 1, 1985. You are also aware that my clients' signatures on the easement were not notarized. Whether the existing pipeline easement is valid as to the existing pipe is irrelevant. Certainly an unacknowledged easement cannot operate prospectively. 2) Because the city cannot grant such permission, any entry on my clients' property by your clients, your clients' contractor and /or your contractor's employees, is an intentional, reckless, and malicious trespass. Arguing that, perhaps my clients can bring an action for inverse condemnation after the fact does not create permission at this time. Damages resulting from an inverse condemnation action cannot give your clients retroactive permission. 3) Such an intention, reckless and malicious trespass constitute the tort of outrage. See Bowe v. Eaton. 17 Wn. App. 840, 565 P.2d 826; Grimsby v. Samson. 85 Wn.2d 52, 530 P.2d 291 77 A.L.R. 3d436. There is no question my clients are now suffering and will suffer emotional distress from this outrageous invasion of their property. This invasion will subject your clients to substantial damages. See Alger v. Cites Mukilteo, 107 Wn2d 541, 730 P.2d 1333, where damages in excess of $1.3 million were approved. Those damages included damages for emotional distress.'' (The allowed three- minute time period expired and the remainder of the letter was not read.) woodway Lora Petso, 10616 237"' Place SW, Edmonds, thanked Councilmember White for his comments eadows regarding Item K on the Consent Agenda and said he was correct. She drove by the site this evening and said trees are being cut and once the rain comes, drainage will become an issue regardless of a public hearing. She spoke with a number of residents in the area who are concerned about their gas mains once the logging trucks begin driving through the area. She recalled a suggestion to Council or staff that the condition of the existing infrastructure be video taped before the logging trucks arrive so that the contractor could be required to restore the infrastructure to its original condition once his work is completed. She was not certain what damage could be expected but was aware the Town of Woodway and the City of Shoreline. went to a great deal of effort to .ensure the logging trucks utilized Edmonds roads. oodway Kevin Clarke, 23924 107`h Place W, Edmonds, commented that Councilmember White's comments eadows made it clear the Council has granted a temporary permit that is in fact permanent. He said in 1978 Mr. Echelbarger and his surveyor developed the only map that shows the south 20 feet as a public right -of- way. There is no publicly presented map that identifies this as a right -of -way; it has never been designated a right -of -way nor classified as a right -of -way. The resolution indicates the strip of land was necessary for fire access to this development. This is not true; it has never been on the Council record or represented by any member of staff. Fire Marshal Westfall's memo states the fire access can be at any location, it is not site specific. Mr, Clarke recommended the resolution be amended. He pointed out he wrote Mayor Fahey two letters regarding this issue which she has not responded to. Mr. Clarke recalled City Engineer Jim Walker issued a letter to Mr. Echelbarger pulling the right -of -way permit and said until Mr. Echelbarger provided documentation that this was a dedicated right -of -way, a street use permit could not be granted. Mr. Echelbarger could not provide documentation that this was a Edmonds City Council Approved Minutes September 21, 1999 Page 12 right -of -way because it has never been right -of -way. The existing emergency access is an illegal, non- conforming use because Mr. Echelbarger did not have a permit to build it in 1978. Mr. Clarke stressed these facts are realities that have been presented in writing and it was time for these facts to be addressed. He stressed it was the developer that represented to the City that this was a right -of -way, the City did not represent that to the developer. After reviewing the Council packet and other data, Mr. Clarke said he concluded the Council and Mayor are drastically underpaid and encouraged the Council to raise salaries before the election when it could be done with a clear conscious. He stressed it was important the Council and Mayor be paid what they are worth so they have adequate time to review these issues. Closed Anne Waite referred to the decision made on her appeal of the Hearing Examiner's decision which took Record into consideration a statement made by the City Attorney that the record did not contain information Appeal regarding the requirement for a Conditional Use Permit for a hobby shop in Snohomish County. She said that information is contained in the record on pages 87 and 88. She believed the Council's decision considered that point heavily as Councilmembers understood a CUP was not necessary for the hobby shop use. Use of City Roger Hertrich, 1020 Puget Drive, Edmonds, objected to the possible misuse of City owned vehicles Owned b candidates. He objected to vehicles his taxes supported being used to support candidates he may not Vehicles }' � pp g pp Y support. He hoped in the future election literature would not include pictures of candidates and City vehicles. Support 6. PRESENTATION BY FIRE DEPARTMENT CHAPLAIN KEN GAYDOS REGARDING THE Seven SUPPORT SEVEN PROGRAM Program Mayor Fahey welcomed Chaplain Ken Gaydos who oversees the Support Seven Program, an extraordinary program serving the community and people who are experiencing a crisis. Chaplain Ken Gaydos, Support Seven Program, explained Support Seven is a volunteer Chaplain support ministry with 30 men and women who are trained to care for victims in the community who experience a sudden event of crisis. He said it was discovered early on that emergency personnel have a job description that does not necessarily allow them to fully care for family members following an event of crisis. He described several events requiring Chaplain services. He explained the Support Seven program utilizes an old medic aid unit as a place for family members to have a quiet place which has become the model for a private place for victims experiencing a crisis without warning. He said Support Seven personnel try to care for the families with integrity and caring. He expressed his appreciation to those who volunteer their time to Support Seven and invited the Council and the public to visit their offices at Harbor Square. Mayor Fahey expressed her appreciation to Chaplain Gaydos for his years of service to the community, noting this type of program could not prosper without his leadership. Mayor Fahey declared a brief recess. Council 8. REPORT ON COUNCIL COMMITTEE MEETINGS Committee Meetings COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER EARLING, TO REMOVE THIS ITEM FROM THE AGENDA. MOTION CARRIED. Edmonds City Council Approved Minutes September 21, 1999 Page 13 9. CONTINUED DISCUSSION ON SELF INSURANCE HEALTH BENEFIT FUND AND if APPROVAL OF RATE INCREASE surance nd Public Works Director Noel Miller, a member of the Self Insurance Committee, advised when Mr. Hunter presented this issue to the Council on August 24, it appeared the AWC plan the City had prior to the self - insurance program would cost approximately $100,000 less than the self insurance plan was estimated to be. This was a rough estimate and further research.by the City's Self Insurance consultant Dick Charles as well as negotiations with the claims administrators determined the City's self insurance costs for the-next year will be approximately 1.9% less than the anticipated cost for the AWC insurance plan. The City's Self Insurance Committee met yesterday and unanimously recommended the City continue with the self insurance plan for another year, primarily because employees receive better benefits from that plan.' As Mr. Hunter indicated, there will be additional moneys ($17,330) required to cover health premiums for the remainder of 1999 as the plan year begins October 1 and those funds are available via reductions from the State retirement system. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER EARLING, TO APPROVE THE CONTINUATION OF THE SELF INSURANCE PLAN FOR THE NEXT FISCAL YEAR (OCTOBER 1 FOR THE FOLLOWING 12 MONTHS) AND TO APPROVE THE RATE INCREASE AS RECOMMENDED. MOTION CARRIED. Public 10. REPORT ON PUBLIC SAFETY PROJECT Safety ' Project Mayor Fahey advised a great deal of work has been done on this over the past several months after it became obvious the project was significantly behind schedule. She reported this work, has been beneficial and the schedule has been improved.. She said some of the delays were due to questions regarding s ecifcations and the subsequent delay impacted the availability ty of subcontractors due to the tight construction market. At a meeting today, a new schedule was provided that indicates the building will be ready for temporary occupancy by December 1, 1999, and evaluation of the schedule will continue. She said to the best of her knowledge, all issues regarding specifications have been addressed and it was reasonable -to expect the new schedule could'be adhered to. The schedule will be evaluated further on Friday to ensure the project can be completed on schedule. Mayor Fahey explained the phasing' of this project, including relocating offices to City Hall and demolishing some of the buildings while allowing services to remain on site, resulted in significant cost savings. Although the move -in date has been delayed, the cost factors associated with it are not significant as additional space is not being leased or services interrupted. She said temporary occupancy permits will be required once the buildings are complete which will require inspection as well as ensuring the parking requirements are met to support the building. She said much of the area needed for parking will be in the process of development during phase 2. She recalled this was an issue that was discussed when the possibility of the parking structure was discussed. It was expected the parking requirements could be met and a punch list is being prepared to obtain the occupancy permit as soon as construction is completed. She said the Council Chamber and court area would not be usable at the time construction is complete because sufficient parking cannot be provided on site for those uses. She said the court administrative function will be utilizable but the court and Council meeting will continue to be held in the Library Plaza Room until the parking lots are completed. She invited Councilmembers to take a hard hat tour of the project. Edmonds City Council Approved Minutes September 21, 1999 Page 14 Mayor Fahey said an independent person has been brought in to assess the delay and issues alluded to in recent reports to make a judgment regarding issues that need to be resolved. i Marina 11. DISCUSSION ON MARINA BEACH OUTFALL PIPELINE EMERGENCY REPAIR Beach Outfall City Engineer Jim Walker said Public Works discovered the main drainage pipe that drains the Union Oil Pipeline Repairs Marsh has significant defects. Although the full extent of the problem is unknown because the camera could not get past one of the points where there is a major defect, staff is hopeful not more than the 300 feet of line (included in the estimated cost) will be damaged or in poor condition. As this is a shoreline area, an emergency shoreline process will be required although staff will try to put the project out to bid as soon as possible to allow repairs to be completed prior to severe weather. Councilmember Earling asked how this would impact local businesses. Mr. Walker answered construction will occur within Marina Beach Park and will only affect the use of the park in a few areas. The contractor will need to take special precautions to keep children out of the area but it will not impact area businesses. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO APPROPRIATE $90,000 FROM FUND 412 -200 ENDING CASH BALANCE FOR MARINA BEACH OUTFALL PIPELINE EMERGENCY REPAIR. MOTION CARRIED. Property Lot 12. AUTHORIZATION TO PERFORM A PROPERTY LOT LINE ADJUSTMENT AT THE FIVE Line Adjust. CORNERS WATER TANK/FIRE STATION NO 16 SITE AND PROCEED WITH THE l Fire Station CONSTRUCTION OF THE SNOCOM RADIO EQUIPMENT BUILDING Public Works Director Noel Miller displayed a site map and explained via a partnership with SnoCom, efforts are underway to relocate the antennas from the existing fire station building to the new monopole erected by Western Wireless. Part of the project was to construct a small building just west of the monopole. The building was originally to be. located to the north of the monopole but the ownership of this property was under dispute and further investigation and a title report indicated it most likely is owned by the Sundquist Corporation who is developing the property to the north. As a result, there were not sufficient setbacks to construct the building and a lot line adjustment was proposed to Sundquist who agreed. This will provide sufficient setback for the SnoCom project. Staff requests authorization to proceed with the lot line adjustment so construction of the small building can proceed. Councilmember Haakenson commented on how long the wait has been for removing the antennas from the fire station and expressed his appreciation for the creativeness shown by this proposal. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO AUTHORIZE STAFF TO PERFORM A LOT LINE ADJUSTMENT AT THE 5- CORNERS WATER TANK/FIRE STATION NO. 16 SITE AND IMMEDIATELY ISSUE A BUILDING PERMIT TO CONSTRUCT THE RADIO EQUIPMENT BUILDING FOR SNOCOM. MOTION CARRIED. SnoCom model 12A. PRESENTATION ON THE SNOCOM REMODEL/EXPANSION PROJECT Re Project Councilmember Haakenson advised last week he made a presentation to the Finance Committee regarding the proposed remodel and addition at SnoCom at the same time Police Chief Hickok made a presentation to the Public Safety Committee. This remodel /addition has been driven by a number of factors including the 800 MHz project as well as a study conducted three years ago that indicated the Edmonds City Council Approved Minutes September 21, 1999 Page 15 SnoCom building was inadequate. Snohomish County agreed to assist SnoCom by financing this project by including it in the bond sale for 800 MHz. This will result in a lower rate and Snohomish County will act as the bank to loan SnoCom the funds. However, Snohomish County needs to know by the end of the month whether they wish to borrow the funds. The land on which SnoCom is located is jointly owned as a Public Works facility by Mountlake Terrace and Lynnwood. There has been some confusion over who owns the property, how much they are willing to lease it for, whether they will allow SnoCom to have the space, etc. Both Lynnwood and Mountlake Terrace recently agreed to authorize their CEO's to negotiate the land and sprinkler issue and also approved the remodel /expansion of SnoCom with several caveats. Brier also agreed to pay their portion of the remodel. Steve Perry, Director of SnoCom/Medic 7, said there were four reasons, all with substantial merit, that led the SnoCom Board to determine the remodel /expansion of SnoCom was a necessity. The first is 800 MHz — SnoCom is an integral part of the system and a radio equipment room, racks for equipment and expansion of the communication floor is necessary. The 800 MHz technology will bring new consoles and new types of equipment that the existing furniture will not handle and will take up more floor space. The second reason is related to the lack of a back -up facility. Currently if SnoCom or SnoPak were required to evacuate their center, there is no back up in place causing 911 calls not to be answered and interruption of fire and police dispatch. A temporary, although not sufficient solution, has been put in place until it can be addressed in the long term. The SnoCom, SnoPak and E911 Boards have endorsed both facilities overbuilding and providing the technology to allow the other communication center full operative capabilities in their facility in the event an evacuation is necessary. This was not possible prior to 800 MHz and the new phone system will allow this. The third reason is a need for improvement in the facility. Recent studies as well as work done by administrative committees indicated the facility was in need of repair, upgrade, and expansion. The fourth reason is growth. SnoCom recently agreed to do dispatch for Fire District 111. This can be done without additional console space because they are currently at the maximum. If any other agencies wished to have their dispatch done by SnoCom, there is no space for dispatchers. He explained internal growth also necessitates this expansion. He referred to a recent homicide in Snohomish County that resulted in deluge of work; employees were available but there was no space for them. A fifth reason is the unique circumstances that have arisen including an offer from Snohomish County to assist with financing this project at their lower rates as well as immediate financing capabilities, the 800 MHz project will provide funds for electronics and furniture that will be needed for the expansion, and the 911 Board will provide additional phone equipment. Mr. Perry referred to materials that indicated the SnoCom remodel is estimated to cost $1,356,151 as well as identified the cost for each entity. He explained the cost per entity would be slightly lower because the original estimate was $1.4 million but Lynnwood and Mountlake Terrace put a caveat on their approval that the project would not exceed $1,356,151. SnoCom is experiencing some benefit of the Fire District 111 dispatch in 2000, which is reflected in the zero increase in the SnoCom fees for next. year. He anticipated that continued revenue would allow SnoCom more flexibility in their budget. Although it was known the remodel needed to be in place so that the 800 MHz project would not be slowed down, Snohomish County's bond process has accelerated and this issue needs to be determined tonight rather than in several weeks. Another SnoCom Board meeting has been scheduled to address issues that have arisen in member cities' Council meetings. Councilmember Haakenson asked Mr. Perry to address what would happen if another agency was brought in for dispatch. Mr. Perry'answered at the current time, police and fire dispatch is at the maximum. If a medium or large agency wished to move their dispatch to SnoCom, there is no furniture for the dispatcher that would be hired to accommodate that dispatch. He stressed the need to always be Edmonds City Council Approved Minutes September 21, 1999 Page 16 open to future growth. Councilmember Haakenson asked the affect this has on other members' assessments. Mr. Perry said as more agencies are dispatched from SnoCom, the assessment for each agency is lower. Councilmember Van Hollebeke asked if Edmonds' assessment for the remodel would be included in the 800 MHz bond. Mr. Perry responded it would be included in the bond selling process by Snohomish County. However, SnoCom would borrow the money and seek assistance for its member agencies to repay the funds. Councilmember Haakenson advised the Council needed to take action on this because the special SnoCom Board meeting is being held Friday when a letter will be sent to Snohomish County from SnoCom advising of SnoCom's intent to borrow those funds. Several other details needed to be worked out by the SnoCom Board. He reiterated the other members of SnoCom have given their authorization to move ahead. Mayor Fahey asked what determined the length of the bond. Councilmember Haakenson answered it will be determined by the SnoCom Board. Brier and Fire District 111 indicated they may pay cash for their portion. Mr. Perry said the 15 and 20 -year options were requested by a number of cities to illustrate what the repayment rate to SnoCom would be. It is up to the individual cities how to repay the funds. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER VAN HOLLEBEKE, TO AUTHORIZE THE MAYOR TO AUTHORIZE THE APPROPRIATE PARTIES THAT EDMONDS IS WILLING TO BE A PARTICIPANT IN THE REMODEL OF THE SNOCOM FACILITY. MOTION CARRIED. Councilmember Nordquist expressed his appreciation to Snohomish County for their willingness to assist with funding:. He said the same situation arose with the Health District, who has no borrowing power, and Snohomish County offered to assist with funding to purchase the building on Rucker Avenue. Mayor Fahey expressed her appreciation to Mr. Perry for his service as SnoCom's Director. 13. MAYOR'S REPORT FMayor Fahey reminded the community of the Watershed Fair on Saturday at the Anderson Center which er air will kill include recognition of Frances Murphy, the leader of the Brackett's Landing Foundation, for her leadership in addressing environmental issues in Edmonds for many years. Process for Mayor Fahey reported the juried art process for selection of an art piece for the traffic circle in Selection of downtown Edmonds will be held on September 30 in the Library Plaza room at 6:30 p.m. The public is An for Traffic welcome to observe the process. She explained the three artists who were invited to make proposals Circle indicated they would spend time looking at the documentation associated with community sentiments regarding this location as well as interact with the public and base their proposals on what they felt would be acceptable to the community. The three artists will bring their proposals possibly including models of their creation for the site. One of the three proposals will likely be selected at the September 30 meeting unless none are found to be acceptable. She invited the public to view the artists' proposals for this highly visible location. 14. COUNCIL REPORTS cASCD Councilmember White advised a resolution indicating Edmonds' support of the dissolution of the oard Cultural Arts Stadium Convention District ( CASCD) will be on next week's Consent Agenda. He explained the CASCD Board currently exists as a result of a vote by the people of Snohomish County Edmonds City Council Approved Minutes September 21, 1999 Page 17 and could not be dissolved other than by a general vote of the people, which was prohibitively expensive. As a result of the work of Snohomish County Councilmember Gary Nelson, a new law was enacted allowing the CASCD Board to be dissolved upon unanimous agreement of the participating members. Woodway, Mountlake Terrace, and Lynnwood have passed resolutions agreeing to the dissolution. He invited Councilmembers to call him with any questions. sound I Councilmember Earling reported it was with great pleasure he saw Sound Transit buses on the freeway ransit during the past two days, providing all day, bi- directional service that began on Sunday. Lynndale Councilmember. Van Hollebeke invited the public to the dedication of Lynndale Park on Friday, ark/Skate September 24 at 2:00 p.m. He explained this was a joint project between the Lynnwood and Edmonds Park Park and Recreation Departments. The park will include children's play areas, sport court, parking lot, restrooms, picnic area; landscaping, trails, and a skate park. Executive 15. EXECUTIVE SESSION REGARDING LABOR NEGOTIATIONS AND A LEGAL MATTER Session COUNCILMEMBER VAN HOLLEBEKE MOVED, . SECONDED BY COUNCIL PRESIDENT MILLER, TO EXTEND THE MEETING FOR 30 MINUTES. MOTION CARRIED. At 9:58 p.m. Mayor Fahey recessed the Council to Executive Session for a 20-minute. discussion regarding a legal matter and a 10- minute discussion regarding labor negotiations. She advised the Council would adjourn immediately following the Executive Session and no further action would be taken. Wn" N� O. z . Z_'. SANDRA S. CHASE., CITY CLERK Edmonds City Council Approved Minutes September 21, 1999 Page 18 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 650 MAIN STREET 7:00 -10:00 P.M. SEPTEMBER 21, 1999 7:00 P.M. - CALL TO ORDER FLAG SALUTE III 2. APPROVAL OF AGENDA CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 7, 1999 (C) APPROVAL OF CLAIM WARRANTS #34992 THROUGH #35876 FOR THE WEEK OF SEPTEMBER 6, 1999, IN THE AMOUNT OF $218,892.32. APPROVAL OF CLAIM WARRANTS #34995 THROUGH #36134 FOR THE WEEK OF SEPTEMBER 13, 1999, IN THE AMOUNT OF $316,255.11. APPROVAL OF PAYROLL WARRANTS #26168 THROUGH #26302 FOR THE PERIOD SEPTEMBER 1 THROUGH SEPTEMBER 15, 1999, IN THE AMOUNT OF $460,827.00. (D) APPROVAL OF NEW TRAVEL REIMBURSEMENT POLICY (E) APPROVAL OF COMMUNITY GRANT AWARDS (F) REPORT ON BIDS OPENED SEPTEMBER 7, 1999, FOR LIQUID CHLORINE AND AWARD TO JONES CHEMICAL (G) REPORT ON QUOTES FOR PRODUCTION OF YEAR 2000 TOURISM PROMOTION CALENDAR AND AWARD TO IMPRESSION PRINTING'($6,315.09) (H) AUTHORIZATION TO CONTRACT WITH D.N. MILLER AND ASSOCIATES TO REPLACE THE CITY PARK BUILDING BOILER ($9,725.13) (1) AUTHORIZATION FOR MAYOR TO SIGN REVISED INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT FOR BALL FIELD IMPROVEMENTS AT FORMER WOODWAY HIGH SCHOOL (J) AUTHORIZATION FOR MAYOR TO-SIGN PROFESSIONAL SERVICES AGREEMENT WITH AM TEST - AIR QUALITY FOR CONDUCTING EMISSIONS TESTS AT THE TREATMENT PLANT (K) PROPOSED RESOLUTION ESTABLISHING A TEMPORARY USE CLASSIFICATION FOR CERTAIN PROPERTY ACQUIRED BY VIRTUE OF TREASURER'S DEED NO. 5358, DESCRIBED AS THE EAST TWENTY FEET AND THE SOUTH TWENTY FEET OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 36, TOWNSHIP 27, RANGE 3 EAST, W.M. 3. (90 Min.) PROCLAMATION RECOGNIZING SEPTEMBER 18 TO OCTOBER 3 AS WASHINGTON WATERWEEKS IN EDMONDS 4. (30 Min.) CLOSED RECORD MEETING — APPEAL OF THE HEARING EXAMINER'S DECISION TO APPROVE A CONDITIONAL USE PERMIT TO ALLOW A DETACHED ACCESSORY DWELLING UNIT WITHIN A SINGLE FAMILY RESIDENTIAL (RS -8) ZONE. (Property Location: 23303 100"' Avenue West / Appellant: Anne Waite — File No. AP -99 -169 / Applicants: Lambrecht/Moerk — File No. CU- 99 -91) 5. AUDIENCE COMMENTS (3 Minute Limit Per Person) CITY COUNCIL MEETING AGENDA SEPTEMBER 21, 1999 Page 2 of 2 6. (15 Min.) PRESENTATION BY FIRE DEPARTMENT CHAPLAIN KEN GAYDOS REGARDING THE SUPPORT SEVEN PROGRAM 7. (15 Min.) PRESENTATION OF COMMUNITY GRANT AWARDS 8. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS 9. (15 Min.) CONTINUED DISCUSSION ON SELF INSURANCE HEALTH BENEFIT FUND AND APPROVAL OF RATEINCREASE 10. (10 Min.) REPORT ON PUBLIC SAFETY PROJECT 11. (15 Min.) DISCUSSION ON MARINA BEACH OUTFALL PIPELINE EMERGENCY REPAIRS 12. (10 Min.) AUTHORIZATION TO PERFORM A PROPERTY LOT LINE ADJUSTMENT AT THE FIVE CORNERS WATER TANK/FIRE STATION NO. 16 SITE AND PROCEED WITH THE CONSTRUCTION OF THE SNOCOM RADIO EQUIPMENT BUILDING 13. (5 Min.) MAYOR'S REPORT 14. (15 Min.) COUNCIL REPORTS 15. (10 Min.) EXECUTIVE SESSION REGARDING LABOR NEGOTIATIONS 'arking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advanc4 otice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32 or 46 Delayed telecast of thi. teeting appears the following Wednesday, Friday and Monday at noon on Channel 32 or 46.