12/16/2003 CIty CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
December 16, 2003
The Edmonds City Council meeting was called to order at 7:03 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
1. APPROVAL OF AGENDA
STAFF PRESENT
Tom Tomberg, Fire Chief
David Stern, Chief of Police
Duane Bowman, Development Services Director
Stephen Clifton, Community Services Director
Jim Larson, Assistant Admin. Services Director
Arvilla Ohlde, Parks and Recreation Director
Noel Miller, Public Works Director
Rob Chave, Planning Manager
Dave Gebert, City Engineer
Don Fiene, Assistant City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
Mayor Haakenson suggested moving Audience Comments (Agenda Item 10) to Agenda Item 4A.
rhange
Aenda to gCOUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT FOR
APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
Council President Earling requested Items U and V be removed from the Consent Agenda.
Councilmember Petso requested Item P be removed.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR
APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED
UNANIMOUSLY. The agenda items approved are as follows:
Approve (A) ROLL CALL
l2/2/03
Minutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 2, 3003
Appro
12/9/03 (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 9, 2003
Minutes
Approve (D) APPROVAL OF CLAIM CHECKS #67288 THROUGH #67509 FOR THE WEEK OF
Claim DECEMBER 8, 2003, IN THE AMOUNT OF $307,923.93.
Checks
Edmonds City Council Approved Minutes
December 16, 2003
Page 1
[aim for (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM KATHLEEN SCHAVE
amages
($1,733.18).
quor
antral (F) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF
card THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL
BOARD.
Civil Service (Police (G) APPROVAL OF CONTRACT WITH PUBLICSAFETYTESTING.COM FOR CIVIL
resting SERVICE POLICE TESTING SERVICES AND AUTHORIZATION FOR MAYOR TO
SIGN.
Anderson (H) REPORT ON FINAL CONSTRUCTION COSTS FOR THE ANDERSON CENTER
Center 'Windows WINDOW REPLACEMENT — GLAZING ONLY PROJECT AND COUNCIL
ACCEPTANCE OF PROJECT.
Funding of (I) AUTHORIZATION FOR MAYOR TO SIGN AN INTERLOCAL AGREEMENT
Recycling BETWEEN THE CITY OF LYNNWOOD AND THE CITY OF EDMONDS FOR JOINT
Coordinator
FUNDING OF THE RECYCLING COORDINATOR.
Affordable (.I) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH
I'lousing SNOHOMISH COUNTY FOR THE PURPOSE OF ADMINISTERING THE
Crust Fund AFFORDABLE HOUSING TRUST FUND.
Sr. Executive
Council (K) AUTHORIZATION FOR MAYOR TO SIGN EMPLOYMENT CONTRACT WITH JANA
Assistant SPELLMAN, SENIOR EXECUTIVE COUNCIL ASSISTANT.
Contract
[Police (L) AUTHORIZATION FOR MAYOR TO SIGN POLICE UNIFORM CONTRACT WITH
aiform BLUMENTHAL UNIFORMS AND KROESEN'S UNIFORMS.
Intract
:curia (M) AUTHORIZATION FOR MAYOR TO SIGN SECURITY SERVICES AGREEMENT
�Scrvices WITH STEVENS HOSPITAL.
Agreement
(Prisoner (N) AUTHORIZATION FOR MAYOR TO SIGN AN ADDENDUM TO THE PRISONER
(Detention DETENTION AGREEMENT WITH THE CITY OF LYNNWOOD.
.Agreement
Update (0) AUTHORIZATION TO ADVERTISE FOR STATEMENTS OF QUALIFICATIONS
Critical FROM CONSULTANTS FOR THE UPDATE OF THE CITY'S CRITICAL AREAS
Areas ORDINANCE, RELATED PUBLIC EDUCATION PROGRAM, AND SUPPORTING SEPA
Ordinance WORK.
Ord# 3479 (Q) ORDINANCE NO. 3479 AMENDING THE CITY'S COMPREHENSIVE PLAN TO
Amend INCORPORATE THE 2003 CAPITAL FACILITIES PLAN FOR EDMONDS SCHOOL
Comprehen- DISTRICT NO. 15, AN UPDATE TO THE STORMWATER COMPREHENSIVE PLAN
live Plan AND AN UPDATE OF THE SOUTHWEST EDMONDS BASIN STUDY, AUTHORIZING
INCORPORATION OF THE UPDATE, PLAN AND STUDY INTO THE CITY'S
COMPREHENSIVE PLAN.
li
rd# 3480 (R) ORDINANCE NO. 3480 AMENDING THE CITY'S COMPREHENSIVE PLAN TO
mend CLARIFY THE BOUNDARY OF THE COMMUNITY COMMERCIAL DESIGNATION
omprehen- FOR CERTAIN PROPERTIES ADDRESSED AS 23114 — 23124 100THAVENUE WEST,
ve Plan AND TO CLARIFY THAT THE EASTERN HALF OF THE PROPERTY AT 23121 102ND
PLACE WEST IS DESIGNATED "SINGLE-FAMILY RESIDENTIAL," REZONING
DESIGNATED PARCELS ADDRESSED AS 23114 — 23124 100TH AVENUE WEST FROM
RS-8 AND RM-2.4 TO BN AND THE EASTERN HALF OF PROPERTY ADDRESSED AS
23121 102ND PLACE WEST FROM RM-2.4 TO RS-8.
Edmonds City Council Approved Minutes
December 16, 2003
Page 2
Drd# (S) ORDINANCE NO. 3481 AMENDING THE CITY'S COMPREHENSIVE PLAN BY THE
Updated
omprehen- ADOPTION OF A NEWLY UPDATED COMPREHENSIVE PLAN MAP IN PARCEL
give Plan SPECIFIC FORMAT AND SPECIFICALLY DESIGNATING CERTAIN ELEMENTARY
Map SCHOOL PROPERTIES AS "SCHOOLS" RATHER THAN GENERAL "PUBLIC" LAND
USES.
Drd# 3482
i?ezone (T) ORDINANCE NO. 3482 REZONING PROPERTIES COMMONLY KNOWN AS CHASE
Properties LAKE ELEMENTARY, MAPLEWOOD SCHOOL, SEAVIEW ELEMENTARY,
Elementary SHERWOOD ELEMENTARY AND WESTGATE ELEMENTARY FROM PUBLIC ZONE
Schools)
TO RESIDENTIAL ZONING.
Res# 1053 (W) RESOLUTION NO. 1053 COMMENDING COUNCIL PRESIDENT DAVE EARLING
Commending
Dave Earling FOR HIS SERVICE.
Res# 1054 (X) RESOLUTION NO. 1054 COMMENDING COUNCILMEMBER LORA PETSO FOR HER
CommendingSERVICE.
(Lora Petso
Res# 1055 (Y) RESOLUTION NO. 1055 COMMENDING STUDENT REPRESENTATIVE ALEX
Commending BRENT-FIELDING FOR HER SERVICE.
student Rep.
Item P: Proposed Ordinance Establishing Salaries for Non -Represented Personnel for Budget Year 2004
Councilmember Petso explained this ordinance approved a cost of living adjustment for non -represented
employees including 17 whose salaries were above the L5 level and there were no plans to freeze those
salaries until at least 2007. She concluded she would vote no on this item as she did not support
increases for employees whose salaries were in excess of the L5 policy.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN,
FOR APPROVAL OF ITEM P. MOTION CARRIED (6-1), COUNCILMEMBER PETSO
OPPOSED. The item approved is as follows:
rO 3478
004 Non- (P) ORDINANCE NO. 3478 ESTABLISHING SALARIES FOR NON -REPRESENTED
Represented PERSONNEL FOR BUDGET YEAR 2004.
Salaries
Item U: Approval of Findings of Fact -Denving the Pro used Comprehensive Plan Map Amendment to
Change the Plan Designation from "Single Family -- Small Lot" to "Multi-Fanul — Medium Density" for
Properties Located on 231" Place SW and alona the East Side of 97`h Avenue W South of Edmonds Way.
Council President Earling recalled he voted in the minority on this item when it was reviewed by the
Council and again wished to vote against it.
COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PETSO, FOR
APPROVAL OF ITEM U. MOTION CARRIED (6-1), COUNCIL PRESIDENT EARLING
OPPOSED. The item approved is as follows:
Findings of
fact— (U) APPROVAL OF FINDINGS OF FACT DENYING THE PROPOSED COMPREHENSIVE
Properties on PLAN MAP AMENDMENT TO CHANGE THE PLAN DESIGNATION FROM "SINGLE
3151 Pl SW
and 97"Ave FAMILY — SMALL LOT" TO "MULTI FAMILY — MEDIUM DENSITY" FOR
w PROPERTIES LOCATED ON 231sT PLACE SW AND ALONG THE EAST SIDE OF 97TH
AVENUE W, SOUTH OF EDMONDS WAY.
Item V: Approval of Findings of Fact Denvine the Proposed Comarehensive Plan Man Amendment to
Change the Plan Designation to "Mixed Use Commercial" for Pro erties Located at 133 and 137 Sunset
Avenue and the Vacant Lot South of 133 Sunset Avenue and North of 111 Sunset Avenue.
Council President Earling recalled he voted in the minority on this item when it was reviewed by the
Council and again wished to vote against it.
Edmonds City Council Approved Minutes
December 16, 2003
Page 3
COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR
APPROVAL OF ITEM V. MOTION CARRIED (6-1), COUNCIL PRESIDENT EARLING
OPPOSED. The item approved is as follows:
(dings of
CA --
t'ropertics on (V) APPROVAL OF FINDINGS OF FACT DENYING THE PROPOSED COMPREHENSIVE
onset Ave. PLAN MAP AMENDMENT TO CHANGE THE PLAN DESIGNATION TO "MIXED USE
COMMERCIAL" FOR PROPERTIES LOCATED AT 133 AND 137 SUNSET AVENUE
AND THE VACANT LOT SOUTH OF 133 SUNSET AVENUE AND NORTH OF III
SUNSET AVENUE.
(Presentation 3. PRESENTATION OF RESOLUTION TO COUNCILMEMBER LORA PETSO
of Resolution
to Lora Petso Members of the audience, Patrice Raplee and Betty Mueller, presented flowers and a plaque to
Councilmember Petso, stating they were from numerous citizens of Edmonds to thank her for her service,
dedication, and loyalty to citizens.
Mayor Haakenson read Resolution No. 1054 commending Councilmember Petso for her service as a
Councilmember from January 2000 to December 2003. He presented Councilmember Petso with the
Resolution and a plaque.
Councilmember Wilson expressed his thanks to Councilmember Petso for her service and expressed his
appreciation for the time, effort, sincerity, and her conviction in representing the citizens of Edmonds in
a manner she felt was best for the community as a whole. He noted that although he and Councilmember
Petso may not have always agreed on issues, he respected her determination and conviction.
Councilmember Dawson commented she would miss Councilmember Petso and had enjoyed serving with
her on the Council. She admired Councilmember Petso for her ability to say what she wanted and speak
for the community. She respected her ability to listen and express citizens' point of view even if she did
not agree with their point of view. She expressed appreciation for Councilmember Petso's intelligence
and attention to detail and encouraged her to continue to provide the Council her insight.
Councilmember Marin thanked Councilmember Petso for her service on the Council.
Mayor Haakenson acknowledged philosophically, Councilmember Petso and he seldom agreed. He
thanked Councilmember Petso for her four years of service and particularly her consistency on issues.
Council President Earling commented few people understand the amount of time Councilmembers put
into the job. He expressed his appreciation for Councilmember Petso's independent spirit. He
commented that although there were times they may have been on the opposite side of issues,
Councilmember Petso had the community's best interest in mind.
Councilmember Orvis expressed his admiration for Councilmember Petso's activism and courage and
wished her the best of luck in future endeavors.
Councilmember Plunkett referred to the words on the plaque thanking her for her service, dedication and
loyalty, concluding she deserved those three positive adjectives. He respected her courage, independence
and sincere convictions.
Councilmember Petso thanked the Council for their comments and the plaque and expressed her thanks
to everyone for their support. She noted it would be exciting to watch the new Council handle upcoming
issues. She further thanked her family for their support and enlightening conversations regarding issues
facing the Council.
Edmonds City Council Approved Minutes
December 16, 2003
Page 4
I'resentaiion 4. PRESENTATION OF RESOLUTION TO COUNCIL PRESIDENT DAVE EARLING
f Resolution
o Dave EarlingMayor Haakenson read Resolution No. 1053 commending Council President Earling for his service as
Council President from January 2003 to December 2003 as well as for his distinguished service on the
Council from January 1992 through December 2003. He presented Council President Earling with the
Resolution and a gift from the Council.
Councilmember Wilson commented on his opportunity to work with Council President Earling both as a
staff member and as a Councilmember. As a staff member, he appreciated Mr. Earling's ability to
consider staff s presentation and the public's comments and reach a conclusion that everyone respected
and understood. He expressed his respect for Mr. Earling's leadership as Council President and the
assistance he offered to Councilmembers.
Councilmember Dawson noted it would take time to get used to someone else as Council President as
Council President Earling had been in that role since she joined the Council. She commended Mr.
Earling for assisting Councilmembers in learning about their responsibilities. She concluded the Council
and the public would miss him as a Councilmember.
Councilmember Marin commented after two weeks in military exercises, he had a renewed thankfulness
for the community and country. He noted Council President Earling was the type of person who has been
at the forefront of the community helping to shape and maintain it as well as representing Edmonds' view
in a regional context.
Mayor Haakenson commented he had learned a great deal from Council President Earling over the past
eight years. He noted Mr. Earling's .best skill was the ability to take six distinct personalities and
viewpoints of Councilmembers and End consensus. Mayor Haakenson concluded he had thoroughly
enjoyed knowing Mr. Earling over the past eight years both as a Councilmember and a person and it was
impossible to put into words everything Mr. Earling has done for the Edmonds community. He thanked
him on behalf of the Edmonds community and staff for his support. He wished Council President Earling
the best in the future.
Councilmember Petso commented Council President Earling was a model Council President, fair, not
manipulative, not critical, just did a great job.
Councilmember Orvis noted Council President Earling had been a great professor, serving with integrity
and as a model to newer Councilmembers.
Councilmember Plunkett commented Council President Earling always treated him with respect, took his
opinions, and there was a good exchange. He commended Mr. Earling for the way he conducted himself
as a Councilmember and President and his ability to speak to the issue and not to the person. He looked
forward to Mr. Earling's future efforts in South Snohomish County.
Mayor Haakenson recognized Council President Earling's wife, Susan, in the audience and expressed his
appreciation for her patience throughout Council President Earling's 12 years of service on the Council.
Council President Earling thanked the Councilmembers, noting among the 21 Councilmembers he has
served with over the years, there are several giants who have helped shape public policy in Edmonds. He
noted it had been an honor to serve with those Councilmembers and the current Council, but most
importantly, an honor to serve the citizens of Edmonds. He noted few understood the time and
Edmonds City Council Approved Minutes
December 16, 2003
Page 5
commitment necessary to do a good job in public politics, commenting he had not read a book in the past
two years because he was always reading meeting packets.
Council President Earling expressed his thanks to his wife Susan for being a great partner, noting on
December 27 they would be married for 34 years. He expressed his appreciation to his wife for giving
him the freedom to work in the public.
Council President Earling pointed out one of the main goals as an elected official was to consider ways to
improve the quality of life for the community. He recalled in 1992 a group of Councilmembers
determined the public facilities in the City, built in the 1950s, were in deplorable condition, and made a
pact to provide as many public facilities as possible. He noted in 1995, the Public Works building and
the new City Hall were opened, the Public Safety building was opened in 1999, and in 2003, Fire Station
16 was opened, completing the plan envisioned in 1992. He recalled in 1992, the City purchased the
Anderson Marina, noting another of the Council's commitments has been to purchase as much waterfront
as possible for the benefit of the community. He credited the Andersons who sold the property to the
City for less than the Department of Transportation offered for the property. He recalled the dedication
of a park at Anderson Marina in 1996 and the purchase of the Unocal site in 2001. He took particular
pleasure in the City's role in 2003 to help piece together the Edmonds Center for the Arts, a legacy for
the community that would also have great economic benefit.
Council President Earling referred to his involvement on a regional level, noting he was most proud of
his service on the Puget Sound Regional Council, and as Chair of the Transportation Policy Board, they
had channeled $230 million into the region to improve transportation. The other regional role he was
proud of was Sound Transit, noting today Sound Transit moved 24,000 people per day on their bus
system. He noted 40% of the capital construction projects had been completed including HOV on -ramps
and lanes as well as transit centers. He revealed an announcement to be made on December 17 that
commuter rail north would start before year-end with stops in Edmonds and Everett.
Council President Earling encouraged the Council to keep their focus on the community, pointing out
Edmonds was the second largest city in Snohomish County with 40,000 residents. He noted it was a
great responsibility to ensure their interests were looked out for in the region and the county. He charged
the Council with holding Edmonds' place in Snohomish County and the region as that was where
decisions were made and financing decided. He thanked the Council for honoring him and expressed his
appreciation to the citizens of Edmonds for providing him the opportunity to serve them.
Mayor Haakenson declared a 20 minute recess for a reception in honor of Council President Earling and
Councilmember Petso.
4A. AUDIENCE COMMENTS
ouncil I Dale Hog wins, 510 4Ih Avenue S, Edmonds, thanked the Council for their efforts on behalf of the
Appreciation citizens of Edmonds, the time they spent at Council and committee meetings as well as their willingness
to run for office. He commented the Council received too little thanks and praise for their public service
and did not deserve the name-calling, ridicule, threats, abuse and accusations that are made. He
acknowledged the Council had a difficult job, thanking them for their fairness, openness to ideas, and
patience. He regaled the Council with the history of politics in Edmonds.
ap=iation Arvilla Ohlde, Parks & Recreation Director, expressed her thanks to Council President Earling for his
g n dicontributions over the past 12 years to parks and recreation. As the Parks & Recreation Director, she
dins
Edmonds City Council Approved Minutes
December 16, 2003
Page 6
explained her role was to facilitate the vision of the elected; Council President Earling understood the
value of securing, preserving and protecting public parks for citizens of Edmonds. She noted he was
instrumental in continuing to protect the commitment to retain the REET (Real Estate Excise Tax) for
capital funds to acquire and provide parks for the community. She enumerated the results, Bracketts
Landing, Marina Beach, the Edmonds waterfront, a performing arts center, beautification, and
playgrounds. She commented over the years she has worked with many elected officials who were either
politicians or statesmen; the difference being a politician looks to the next election and a statesman looks
to the next generation — Council President Earling was a statesman. She referred to a saying from a 1000
A.D. era peacemaker that reflected Council President Earling's vision, "think not forever of yourself nor
of your own generation, think of continuing generations, think of our children and those yet unborn
whose faces are coming from beneath the earth." She presented Council President Earling with a photo
of the newly constructed waterfront walkway as the tide was slowly coming in, noting it reflected the
legacy Council President Earling provided the citizens of Edmonds.
Presentation
5. PRESENTATION OF RESOLUTION TO STUDENT REPRESENTATIVE ALEX BRENT-
>f Resolution FIELDING
o Student
RVepresenta- Council President Earling explained Edmonds was only one of 2-3 cities in Snohomish County that had a
Student Representative. He explained the Student Representative was appointed alternating between
Edmonds-Woodway High School and Meadowdale High School; Ms. Brent -Fielding was from
Meadowdale High School. He read a Resolution commending Alex Brent -Fielding for her service on the
Council from September to December 2003 and presented her a plaque recognizing her for her valued
effort as Student Representative.
Student Representative Alex Brent -Fielding commented it was more than an honor and pleasure to serve
as Student Representative. She noted she had enjoyed all Council meetings and expressed her thanks for
the opportunity to serve. As she would be leaving the meeting early to study, she reported Meadowdale
High School completed their food drive, collecting in excess of 92,000 cans.
(Essential 6. PUBLIC HEARING ON ORDINANCE NO. 3474: ADOPTING AN INTERIM ZONING CODE
(Public ORDINANCE PURSUANT TO RCW 35A.63.220• AMENDING TITLE 20 OF THE EDMONDS
(Facilities COMMUNITY DEVELOPMENT CODE BY ADDING A NEW CHAPTER 20.16 ESSENTIAL
PUBLIC FACILITIES THERETO AND ADOPTING REGULATIONS GOVERNING THE
SITING PERMITTING AND MITIGATION OF ESSENTIAL PUBLIC FACILITIES.
Development Services Director Duane Bowman explained this was an interim zoning ordinance that
established criteria and a process for siting Essential Public Facilities. The City was required under the
Growth Management Act to have procedures for siting Essential Public Facilities within the City. He
explained the Planning Board would review and make recommendation regarding adoption of permanent
regulations. The interim ordinance requires Essential Public Facilities to go through a Conditional Use
Permit Process and establishes decision -making criteria. He summarized the public testimony from
tonight's public hearing would be transmitted to the Planning Board for consideration during their review
of this issue.
Mayor Haakenson opened the public participation portion of the public hearing. Hearing no comments,
Mayor Haakenson closed the public hearing.
COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO
ADOPT THE PROPOSED INTERIM ZONING ORDINANCE. MOTION CARRIED
UNANIMOUSLY.
Edmonds City Council Approved Minutes
December 16, 2003
Page 7
7. PUBLIC HEARING ON A PROPOSED ORDINANCE REGARDING ILLEGAL DISCHARGES
�� TO STORM WATER SYSTEM AND WATERCOURSES.
scharg�
Storm
ater Assistant City Engineer Don Fiene explained the purpose and intent of the ordinance was to comply with
'stem and
Watercourse the National Pollution Discharge Elimination System (NPDES) and other state and federal laws related to
the Endangered Species Act (ESA), regulate contribution of pollutants to the storm system, prohibit illicit
connections to the system, and provide the city authority for inspection, surveillance, monitoring and
enforcement. The problem with the current code was it was not definitive, was difficult to enforce, and
the penalties were too light.
Mr. Fiene provided highlights of the new code including the list of illegal discharges into the storm
system; prohibits illicit connections to the storm system; gives the city authority to access sites where
discharges are occurring; gives the city the authority to monitor sites; allows for a wide latitude of
penalties, fines and other remedial actions such as suspension of water service, civil penalties, abatement
by the City and ability to charge trip costs to the violator; and delineates enforcement procedures. He
advised staff s recommendation was adoption of the illegal discharge ordinance.
Mr. Fiene explained illicit discharges could be anything that was not composed entirely of stormwater.
He emphasized the goal was to have stormwater only carrying surface water. He provided examples of
illicit discharges such as soapy water from a commercial carwash, oil from an oil change, etc.
City Attorney Scott Snyder explained because the City operated a secondary sewage treatment plant, it
was subject to a permit for discharge from the facility. He noted the City had an ordinance governing
discharge into sanitary sewers, this ordinance was similar and items that could not be discharged into the
sewer also could not be discharged into the stormwater system. He advised the Department of Ecology
was discussing retroactive application that had far more stringent requirements and could impose a very
hefty cost on all municipalities to treat stormwater discharge.
Councilmember Petso noted the ordinance prohibited illegal connections even if they were legal at the
time the connection was made. She asked whether there was any intent to work with residents who may
now have an illegal connection. Mr. Fiene answered the ordinance did not require a penalty but provided
the latitude to assess a penalty. He acknowledged staff would work with residents in those cases.
Councilmember Wilson referred to the discharge prohibitions in Section 7.200.070, and requested staff
address the impact the ordinance would have on property owners. Mr. Fiene answered public education
was an important part of the implementation of the ordinance. He noted staff planned to work with
residents; if a problem persisted, penalties could be levied.
Mr. Snyder recalled the City's wastewater sewage treatment plant was sued under the Clean Water Act in
the past. Because the Clean Water Act was an absolute liability statute, any violations in excess of the
NPDES limit, the citizens of the City were liable for a $50,000 per day penalty whether there was intent
or not. He noted if the DOT implemented retroactive limits, the City would have little choice, either an
individual would pay or the taxpayers would pay. In the interest of public education, he emphasized the
city's streams were not dumping grounds for lawn clippings and yard waste because of the negative
effect these materials can have. He pointed out the NPDES and Clean Water Act require the City to have
this ordinance and penalties in place.
Mr. Fiene clarified stormwater was not treated in a treatment plant. It would be very costly to treat
stormwater and public education and the illicit discharge regulations were preferable to a requirement to
treat stormwater.
Edmonds City Council Approved Minutes
December 16, 2003
Page 8
For Councilmember Wilson, Mr. Fiene described the public education process that has been underway
including the Stormwater Comprehensive Plan, basin studies, articles in the newspaper, Beach Ranger
program, etc. He acknowledged the public education process would need to be more extensive.
Mayor Haakenson opened the public participation portion of the public hearing.
Roger Hertrich, 1020 Puget Drive, Edmonds, expressed concern with the deicing material the City
spreads on the streets, questioning whether that practice would be eliminated.
Public Works Director Noel Miller advised one of the solutions applied to the road was calcium
magnesium acetate, a vinegar solution that had been tested by the University of Washington Fisheries
biologists and found to be nearly an inert substance that did not affect aquatic life in streams. He noted
the City had switched to that solution rather than the traditional salt/sand solution.
Hearing no further public comment, Mayor Haakenson closed the public hearing.
Ord# 3483 COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR
Illegal APPROVAL OF ORDINANCE NO. 3483. MOTION CARRIED UNANIMOUSLY. The ordinance
(Discharges to Storm adopted is as follows:
Water
'System and AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
walcmOVr5 PROVISIONS OF EDMONDS CITY CODE TITLE 7 UTILITY CHARGES AND REGULATIONS
TO ADD A NEW CHAPTER 7.200 ILLEGAL DISCHARGES TO STORM WATER SYSTEM AND
WATERCOURSES; AMENDING THE PROVISIONS OF EDMONDS CITY CODE TITLE 6
HEALTH AND SANITATION TO ADD A NEW CHAPTER 6.70 POLLUTION OF
WATERCOURSES; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
Amend 2003 S. PROPOSED ORDINANCE AMENDING THE 2003 BUDGET AS A RESULT OF
(Budget UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS.
Assistant Administrative Services Director Jim Larson explained the budget was amended twice each
year due to unanticipated appropriations made during the year. He explained the ordinance had few
amendments, many were related to the closure of funds that the Council authorized at the last Council
meeting as well as other small items. He explained State law required that the City operate within
budgeted appropriations at the fund level.
Councilmember Petso inquired about the transfer into the Public Safety Construction Fund when
construction had been completed. Mr. Larson stated the balance from Fund 325 was transferred to allow
the closure of that fund. The funds would be used as Council authorized for other capital projects.
Councilmember Petso inquired whether the funds could be transferred to another fund such as the
Building Maintenance Fund. Mr. Larson answered no, as Building Maintenance was not a capital fund.
Councilmember Petso asked whether the City had a capital projects fund with a more general title. Mr.
Larson explained the Public Safety Construction Fund was one of only two capital construction funds;
the other was the Bond Construction Fund where the proceeds from the bonds issued against increased
electrical utility tax were collected.
Mayor Haakenson opened the public participation portion of this item. There were no members of the
public who wished to provide testimony.
Edmonds City Council Approved Minutes
December 16, 2003
Page 9
rd# 3484 COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR
nending APPROVAL OF ORDINANCE NO. 3484. MOTION CARRIED UNANIMOUSLY. The ordinance
2003 approved reads as follows:
�dget
AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE
NO. 3436 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF
VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
(Pine street 9. AUTHORIZATION FOR MAYOR_ TO SIGN A QUITCLAIM DEED RECONVEYING CERTAIN
Right -of- PORTIONS OF PINE STREET RIGHT-OF-WAY BETWEEN SRI04 AND 3 AVENUE SOUTH
Way TO THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION WSDO .
Between
SR104 and
rd Ave. S. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, TO
REMOVE THIS ITEM FROM THE TABLE. MOTION CARRIED UNANIMOUSLY.
City Engineer Dave Gebert recalled last week staff recommended to the Council that certain portions of
the Pine Street right-of-way be reconveyed to WSDOT. The Council tabled the item and instructed staff
to attempt to negotiate an agreement with the abutting property owner, Syd Locke, to close his western
driveway. Mr. Gebert explained on December 11, Development Services Director Duane Bowman and
he met with Mr. Locke to attempt to negotiate an agreement. During the negotiations, Mr. Locke stated
the following as his minimum demands to reach agreement:
1. The WSDOT fence be placed along the edge of the sidewalk instead of along the right-of-
way/limited access line as required by WSDOT.
2. The permitted width of the easterly (WSDOT permitted) driveway be expanded from 14 feet to
24 feet.
3. The City install the WSDOT fence.
4. His civil violation fines (currently $27,600) related to his building permit for his garage be
waived by the City.
5. All disputed issues/requirements related to his building permit for his garage be waived by the
City.
6. And, either
a. The City transfer ownership of the triangular piece of right-of-way between the sidewalk
and the right-of-way/limited access line to him (with limited access restrictions
attached), OR
b. The City pay him cash in the amount of what he perceives to be lost property value. Mr.
Locke stated that his guess is that this amount is in the range of $150,000 to $200,000.
Mr. Gebert advised staff found the demands unacceptable to the City. Staff contacted WSDOT with
regard to Items 1, 2, and 6a and WSDOT advised those items were not acceptable to them. Therefore,
staff determined the parties were too far apart to justify continued negotiations and again recommended
the Council authorize reconveyance of the portion of the right-of-way to WSDOT.
City Attorney Scott Snyder explained this was an unusual situation because while the City by contract
with the State was obligated to maintain the limited access nature of the right-of-way, the State having
relinquished control, still maintained decision -making authority over that right-of-way. Mr. Snyder
displayed the cooperative agreement and referred to the language that described WSDOT's control of the
access right after relinquishment to the City. He referred to the transfer and Interlocal Agreement from
the State that was expressly conditioned on the City's maintenance of access control.
Mr. Snyder explained the State's position has been if the City attempts to extinguish those rights, they
revert to the State as the State's relinquishment was conditioned on the maintenance of the limited
Edmonds City Council Approved Minutes
December 16, 2003
Page 10
access. The agreement states the City agrees to protect the control access as identified on the map, the
right-of-way of Pine Street to the easterly driveway entrance to Mr. Locke's property. The warranty deed
that the predecessor in title, Marian Locke, gave to the State expressly provided for the easterly entrance
as the one and only entrance to be preserved. He summarized if the City were to try to transfer or limit
the limited access rights, the State would have the ability to reversion of title to the property.
COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO
SUSPEND THE RULES TO ALLOW MR. LOCKE TO SPEAK. MOTION CARRIED
UNANIMOUSLY.
Syd Locke, 110 Pine Street, Edmonds, referred to the list of demands, noting he understood the
meeting would include discussion of items that were possible solutions. With regard to #1, he stated the
fence would heavily impact his property and would provide the same general control in that location.
With regard to #2, he noted the driveway was installed in the early 1960's; if it were the only entrance, it
was reasonable to widen it to the east. With regard to #3, Mr. Locke indicated he was given permission
in the 1990's to take down the fence. He advised he installed another fence, valued at $5,000 — 6,000, on
the right-of-way.
With regard to #4, Mr. Locke advised his garage was not being inspected because of the driveway and
the fence. If he offered in good faith to close the westerly driveway, he felt it was appropriate for the
City to waive the fines. He noted staff has always indicated #5 was a separate issue. He advised if #1-5
could not be performed, he was asked to provide the value of the property. Although his original
guesstimate was $150,000 - $160,000, the actual value was $8 per square foot or $30,000.
Mr. Locke stated he had been waiting for staff to call since Friday and did not receive a call until today.
In the interim, he spoke with WSDOT himself, an individual in the real estate division. He noted the
City has spoken to an engineer with the highway department. The representative he spoke with
suggested he and the City submit a written proposal to which "they would be very happy to reply and
have us do it." He concluded it was not an unusual request. He suggested arbitration regarding this issue
so that the items with the least impact could be resolved first.
Councilmember Plunkett asked whether Mr. Locke was interested in working on Items #1-5 and/or #6 or
work on #1-5 and either #6. Mr. Locke advised the intent was 1-5 were the least impact to both parties.
Councilmember Plunkett clarified if Item #1-5 could be resolved, he [Mr. Locke] would not require #6.
Mr. Locke agreed.
Councilmember Plunkett asked whether Mr. Locke had discussions with staff regarding what he may be
willing to do with regard to Items #1-5. Mr. Locke answered the parties were to find out the State's
position prior to making any decision. Councilmember Plunkett concluded the State, City and Mr. Locke
had not had sufficient discussion or information to reach a conclusion. Mr. Locke agreed.
Councilmember Plunkett noted emails today from Mr. Locke's attorney indicated good progress was
being made and it was felt that a satisfactory conclusion could be developed. However, Mr. Snyder
responded the parties were not getting anywhere. Mr. Locke advised the email from his attorney
reflected his input to the attorney.
Councilmember Orvis asked if Mr. Locke was in a position to continue talking about these issues. Mr.
Locke stated he was and looked forward to drafting a letter to WSDOT regarding resolution of Items 1-4.
Councilmember Marin asked who gave Mr. Locke permission to remove the fence referred to in Item #3.
Mr. Locke answered the City gave him permission to remove the chain link fence when the permit was
issued for the driveway.
Edmonds City Council Approved Minutes
December 16, 2003
Page 11
Mr. Snyder disagreed the City advised Mr. Locke he could remove the State's fence from SR104 to his
driveway. Mr. Locke offered to provide the drawings showing the fence removed. Mr. Snyder reiterated
staff did not advise him that he could take down the State's fence.
Councilmember Marin commented it was odd that the City would give permission to take down a fence
owned by WSDOT. Mr. Locke commented at that time the City had owned the property since the 1970's
and there were places the fence was down and there was a driveway where his westerly driveway is now
that was the Kelly residence before WSDOT bought the property. He described the ditch across the
property and culvert that was required by the building permit.
Councilmember Marin observed the State was involved in Items #1 and 2.
Councilmember Wilson asked whether Mr. Locke contacted WSDOT for a permit to expand the existing
driveway. Mr. Locke answered no, commenting he was unaware until two years ago that it was State
Highway as his plans state City of Edmonds on that property. Councilmember Wilson pointed out Mr.
Locke was aware his mother had deeded the property to the State. Mr. Locke explained a short plat was
permitted in 1985 and there were no restrictions on the short plat. In 1989, he applied for and received a
building permit.
Councilmember Wilson inquired whether a title company was used. Mr. Locke answered yes, noting the
title showed no restrictions.
Councilmember Wilson asked why Mr. Locke had not sought WSDOT's permission to widen the
driveway when he became aware in the past 2-3 years that WSDOT controlled the property. Mr. Locke
advised he contacted the State in 1991 regarding drainage and was advised no changes were needed to
the drainage structures. At that time a letter was issued requesting the driveway be closed.
Councilmember Wilson asked Mr. Locke if he inquired with the State regarding widening the driveway
at that time. Mr. Locke answered it was not the State's property, it belonged to the City.
Councilmember Wilson explained that because the State controlled the access rights, they controlled how
much access was allowed.
Councilmember Dawson asked whether the fines were solely related to the garage. Mr. Locke answered
most of the garage had been inspected with the exception of the sheetrock and insulation. He called the
City to request an inspection and was told unless he closed the driveway and reinstalled the fence, the
City would not inspect the garage. Councilmember Dawson concluded that because of the issues with
the driveway and fence, the City refused to inspect the garage. Mr. Locke agreed.
Councilmember Dawson enumerated the issues in this matter, 1) this was really an issue between Mr.
Locke and the State, 2) Mr. Locke feels he has been wronged because the City issued a permit for the
driveway that the State now wants removed, and 3) issues related to the garage. She referred to Item #5,
asking whether that was a deal -breaker for Mr. Locke. She summarized #5 indicated Mr. Locke wanted
to be allowed to do whatever he wanted with the garage building, noting if that were the case, there was
little point in negotiating further because the City could not agree to that. Mr. Locke offered as a token
to close the driveway now if the fines could be stopped during negotiations. He clarified his intent with
#5 was not to have the City waive all building permits for the garage; he only wanted to get the garage
inspected and because the City had refused to inspect it, waive the requirement for another permit.
Councilmember Dawson asked whether resolving issues with regard to the garage were integral to
success on the other demands. Mr. Locke suggested separating the issues.
Edmonds City Council Approved Minutes
December 16, 2003
Page 12
Mayor Haakenson requested Mr. Snyder describe why this issue was before the Council. Mr. Snyder
explained after 2'/z years of discussions with the State and Mr. Locke, staff was in primarily the same
position as when discussions began. Staff s request at this time was to transfer the property to the State
and allow Mr. Locke to work with the State. He noted many of the items on Mr. Locke's list were
decisions that must be made by the State such as the width of the driveway, eliminating the westerly
driveway, the position of the fence, and any lease/transfer of the triangular property. As staff finds itself
in the middle, they recommend reconveying the property to the State to allow Mr. Locke and the State to
resolve it. He reiterated this was not a dispute between Mr. Locke and the City but rather Mr. Locke and
the State. However, the City was obligated to enforce the limited access rights as shown on the map.
Mayor Haakenson asked why the City was negotiating on behalf of WSDOT. Mr. Snyder answered the
City was not negotiating on behalf of WSDOT, it was simply carrying messages back and forth between
the parties.
Mayor Haakenson asked if Item #1-3 were to be done with City funds. Mr. Locke answered there would
be no expenditures other than the fence. He noted if the widening of the driveway were allowed, the cost
could be negotiated.
For Councilmember Orvis, Mr. Locke advised the permit for the garage showed the westerly driveway.
While the garage was under construction, the City demanded the westerly driveway be closed and
refused to inspect the garage and instituted a $100/day fine.
Councilmember Orvis observed #5 meant the garage permit would not be dependant on what was
occurring in the right-of-way but he would not be absolved from code requirements. Councilmember
Orvis clarified the garage must adhere to the City code. Mr. Locke agreed.
Councilmember Plunkett asked why the City should be involved in an issue that was between the State
and Mr. Locke. Mr. Locke noted the city was in violation, not him. His permit was granted 15 years ago
and he has used the driveway during that time in violation of the City's agreement with the State.
Councilmember Plunkett concluded Mr. Locke's actions were predicated on the City's actions, therefore,
the City should be involved. Mr. Locke agreed, pointing out the City got him into this problem, they
should help hire get out.
Mayor Haakenson asked staff to reiterate their discussions with WSDOT regarding the six issues. Mr.
Gebert stated he asked WSDOT if Items 1, 2 and 6A were acceptable, and they answered they were not.
Mr. Snyder referred to Mr. Locke's building permit plans that clearly show the edge of his property as
the right-of-way line shown on the map. He acknowledged the City made a mistake granting the
driveway entrance and were obligated to enforce the limited access right-of-way. If the City did not want
to enforce the limited access right, he recommended the City reconvey the property to the State.
Mr. Snyder pointed out City fines did not automatically accrue; the civil violation process provided
notice to the property owner, posting of the property, and an appeal process. Mr. Locke did not appeal
the violation and fines began to accrue. He explained the City had the right to negotiate and/or waive
obligations to the City. He reiterated many of Mr. Locke's demands required negotiation with the State.
If a mistake were made, that was the reason the City had insurance. He used the analogy of staff
allowing the construction of a 35 foot tall house and later requiring 10 feet to be removed for which the
property owner could file a claim. He recalled a recent walk away settlement where a structure that was
permitted incorrectly was removed, fines were waived and the property owner waived the City's liability.
Edmonds City Council Approved Minutes
December 16, 2003
Page 13
Councilmember Petso asked why fines had been levied. Development Services Director Duane Bowman
explained the fines were associated with the building permit; Mr. Locke's building permit lapsed and an
enforcement issue was pending. He noted the fines were only referred to because it was raised by Mr.
Locke as a method of reaching resolution. Mr. Bowman reiterated the six items were the minimum Mr.
Locke indicated were needed to make him whole. He recalled Mr. Locke indicated at their meeting that
if all six were not agreed to, it would be a deal breaker for him.
Councilmember Petso asked what normally happened when a building permit lapsed. Mr. Bowman
answered most people contacted staff when they received a notice of violation to work out a solution. He
explained Mr. Locke's fine was related to the expiration and lack of a building permit, and closure of the
driveway. Mr. Snyder suggested staff provide the Council a chronology of the events to date. He
reiterated Mr. Locke needed to work out the property issues with the State. The Council could choose to
waive the fine in exchange for Mr. Locke waiving liability on the driveway entrance.
Councilmember Petso asked whether there was a fine for an expired building permit. Mr. Snyder
answered there was if the work had not been inspected and finalized. He recalled prior to this dispute,
there was a dispute with Mr. Locke regarding an illegal home occupation and a security trailer on the
property; both proceeded through enforcement action. With regard to Mr. Locke's reference to a delay in
starting the garage, he explained building permits were allowed one six-month renewal. He again
suggested a chronology be provided to the Council as this was the result of a series of events that had
occurred over 7-8 years.
Councilmember Wilson observed there appeared to be two separate and distinct issues, one was
ownership and enforcement of the State's limited access requirements and an unrelated issue regarding
fines associated with a building permit. Mr. Snyder explained the State relinquished the property to the
City conditioned on the City enforcing limited access rights which the State required of Marian Locke.
Although the City took over ownership of the Pine Street limited access right-of-way, it could not impair
the limited access rights that the State acquired at public expense. State statute provides for the granting
of a wide variety of rights such as the use of drainage facilities, but only the State could approve any
change in the existing limited access right. The City's obligation under the Interlocal Agreement was to
enforce the rights shown on the original map.
Councilmember Wilson noted Items #4 and 5 were related to the building permit and not enforcement of
the limited access provisions. Mr. Snyder agreed. Councilmember Wilson suggested separating the
limited access and the building permit issues.
Council President Earling referred to Mr. Locke's testimony, summarizing the issues were the State's to
resolve. He suggested a motion to support staffs recommendation followed by a second motion to freeze
the accumulated fine in the current amount and give staff and Mr. Locke 120 days to negotiate resolution.
At the end of 120 days, fines would again begin to accumulate.
Councilmember Dawson observed staff and Mr. Locke received different answers from WSDOT. She
asked if there were advantages to the City continuing to work this out with Mr. Locke if it were true that
WSDOT would accept these demands. Mr. Gebert did not see any advantage as these were issues to be
resolved by the State.
Councilmember Dawson asked if there was any advantage to the City working with Mr. Locke to avoid a
potential lawsuit with Mr. Locke. Mr. Snyder noted that absent a negotiated waiver, the City could be
sued by Mr. Locke and/or the State. He favored Council President Earling's approach, noting the City's
Edmonds City Council Approved Minutes
December 16, 2003
Page 14
position with the Sate has been to support what Mr. Locke wants — use of the driveway for parking and
turnaround, not requiring removal of the driveway, and locating the fence closer to the driveway,
however, the City has not been successful in negotiating this with the State. If Mr. Locke could negotiate
his requests with the State, Mr. Snyder indicated staff would be happy to support him.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER WILSON,
THAT THE COUNCIL AUTHORIZE THE MAYOR TO SIGN THE QUITCLAIM DEED
RECONVEYING PORTIONS OF THE PINE STREET RIGHT-OF-WAY BETWEEN SR104 AND
3RD AVENUE SOUTH TO THE WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION.
Councilmember Plunkett noted insofar as Mr. Locke has obtained information that differed from
information the City received and because the City issued a permit in 1989 for the driveway, he
suggested the City continue to have some responsibility for this negotiation. He recommended Mr.
Locke and Mr. Gebert continue to negotiate with the State.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
TABLE THE MOTION. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS
PLUNKETT, ORVIS, AND PETSO IN FAVOR, COUNCIL PRESIDENT EARLING, AND
COUNCILMEMBERS WILSON, MARIN, AND DAWSON OPPOSED.
Councilmember Orvis advised he would not support the motion because he did not agree there was an
advantage to reconveying the property to the State. He noted the City would need to indemnify the State
for any lawsuits from Mr. Locke including legal fees and retribution. He preferred the City participate
with the citizen, particularly because the City was one of the parties responsible for the situation.
Councilmember Wilson pointed out taking this position would not result in the City losing any
negotiating advantage and could possibly increase the City's ability to negotiate with the State. With
regard to responsibility for this issue, Councilmember Wilson pointed out there were others equally as
responsible including the title company who did not show the limited access. He recommended the City
reconvey the property to WSDOT and offer staff's assistance to reach resolution.
Councilmember Marin expressed support for the motion, pointing out the first two items on the list were
beyond the City's control and because the second motion Council President Earling intended to make
would provide relief for Mr. Locke.
Councilmember Dawson advised she would support the motion largely because of the second motion
Council President Earling intended to make and because reconveying the property to the State did not
appear to harm the citizen. She noted the City would assist Mr. Locke in his negotiations with the State
as well as negotiate with him regarding the other issues. With regard to legal costs for the improperly
granted permits, she noted any claim would be defended by the City's insurance carrier, WCIA. The
City would likely save by negotiating the issues separately rather than as a package. She concluded this
action would make it easier for Mr. Locke to get the issues resolved.
MOTION CARRIED (4-3), COUNCIL PRESIDENT EARLING AND COUNCILMEMBERS
DAWSON, WILSON, AND MARIN IN FAVOR; COUNCILMEMBERS ORVIS, PETSO, AND
PLUNKETT OPPOSED.
COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DAWSON,
TO FREEZE THE FINES AT $27,600 FOR 120 DAYS. DURING THE 120 DAYS, STAFF WAS
AUTHORIZED TO NEGOTIATE A WALK AWAY AGREEMENT WITH MR. LOCKE. AT THE
END OF 120 DAYS, THE FINES WOULD AGAIN BEGIN TO ACCUMULATE IF AGREEMENT
WAS NOT REACHED.
Edmonds City Council Approved Minutes
December 16, 2003
Page 15
Councilmember Marin clarified the intent of the motion was if Mr. Locke was able to resolve his issues
with the State and come into compliance with the City's code, the fines would be waived. Council
President Earling answered that may be possible. Mr. Snyder explained pursuant to the City's contract
with the collection agency, the City would request the fine be returned to the City.
Councilmember Orvis commented he did not want to vote against stopping the fine accumulation, but
preferred the fines be waived immediately. He disagreed the driveway issue could be separated from the
garage because the driveway was the reason the garage permit was delayed. He noted that when a person
received a permit for an improvement, the permit needed to be the right to make that improvement and it
was wrong to request a citizen who was granted a permit to remove the improvement. He recommended
a different approach and objected to the use of fines to leverage solutions.
COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO
AMEND THE MOTION TO WAIVE THE FINE.
Council President Earling indicated he would oppose the amendment because the negotiating process
may lead to that outcome.
MOTION FAILED (2-5), COUNCILMEMBERS ORVIS AND PETSO IN FAVOR; COUNCIL
PRESIDENT EARLING AND COUNCILMEMBERS WILSON, MARIN, PLUNKETT AND
DAWSON OPPOSED.
Councilmember Dawson suggested a friendly amendment to request staff report back to Council in 100
days to avoid the fines automatically begin to accrue again if agreement were not reached. Council
President Earling agreed.
Vote on main motion: MOTION CARRIED UNANIMOUSLY.
11. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF DECEMBER 9, 2003
Finance Finance Committee
Committee Councilmember Orvis reported the committee reviewed changes to the City's MEBT Plan, changes that
were required by the IRS. The committee also discussed the 2003 budget amendments which were
passed on tonight's agenda. The committee then reviewed a concept whereby the City would not collect
public disclosure forms but would provide any citizen the forms via printing them from the internet. He
noted the original purpose of having the forms available at City Hall was to give local residents access to
public disclosure documents; information that was now readily available via the internet. The final item
the committee discussed was the Olympic View franchise agreement.
(Public Safety Public Safety Committee
Committee Councilmember Dawson advised three of the items discussed by the committee were approved on the
Consent Agenda, contract for police uniforms with Blumenthal's and Kroesen's, security services
agreement with Stevens Hospital, and Prisoner Detention Agreement with City of Lynnwood. The
committee also discussed the contract for kenneling services with Adix Bed and Bath for dogs and cats.
This item was tabled to the January meeting to give the public proper notification on the veterinary
contract and the ordinance to amend the existing spay/neuter ordinance.
12. MAYOR'S COMMENTS
Mayor Haakenson wished everyone a happy holiday, advising the next Council meeting was January 6,
2004.
Edmonds City Council Approved Minutes
December 16, 2003
Page 16
13. COUNCIL COMMENTS
Councilmember Dawson commented she would miss Council President Earling and Councilmember
Petso.
Councilmember Wilson wished everyone a happy holiday and thanked Council President Earling and
Councilmember Petso for their service.
COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
3xcused absence EXCUSE COUNCILMEMBER MARIN FROM THE LAST TWO COUNCIL MEETINGS
(DECEMBER 2 AND 9). MOTION CARRIED (6-0-1), COUNCILMEMBER MARIN
ABSTAINED.
Councilmember Orvis wished everyone a Merry Christmas.
Councilmember Petso thanked everyone again for their comments during the reception, commenting
today had been overwhelming including emails, telephone calls, and cards from citizens.
Council President Earling wished Senior Executive Council Assistant Jana Spellman continued good
humor when dealing with elected officials. To City Attorney Scott Snyder, he wished continued patience
and thanked him for his good advice to and for the citizens of Edmonds. To City staff, he thanked them
for their help and public service, urging them to remember they were the soul of the City. To Mayor
Haakenson, he commended him for his stellar leadership and wished him the best in finding the words
and subject matter to continue guest columns in the press for another four years. To City Clerk Sandy
Chase, "the kindest person I know," he wished her one good temper tantrum to tell a constituent what she
really thought. To the town bullies, he wished them happier times, noting negative energy caused little
progress. To the City Council, he wished the wisdom to make good decisions and urged them to
remember they were only temporary occupants of their positions. To the citizens of Edmonds, he wished
goodwill and good health and encouraged them to remember the City's elected were good people trying
to do good work. He thanked the City for the opportunity to serve.
With no further business, the Council meeting was adjourned at 10:09 p.m.
X?
G Y V AKENSON, MAYOR
SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
December 16, 2003
Page 17
r_, a L- Agenda
TV EDMONDS CITY COUNCIL
Council Chambers, Public Safety Complex
250 5t" Avenue North
7:00 - 10:00 p.m.
DECEMBER 16, 2003
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 December 2, 2003.
(C) Approval of City Council Meeting Minutes of December 9, 2003.
(D) Approval of claim checks #67288 through #67509 for the week of December 8,
2003, in the amount of $307,923.93.
(E) Acknowledge receipt of Claim for Damages from Kathleen Schave ($1,733.18).
(F) Approval of list of Edmonds businesses applying for renewal of their liquor
licenses with the Washington State Liquor Control Board.
(G) Approval of Contract with PublicSafetyTesting.com for Civil Service Police
Testing Services and authorization for Mayor to sign.
(H) Report on final construction costs for the Anderson Center Window
Replacement - Glazing Only Project and Council acceptance of project.
(1) Authorization for Mayor to sign an Interlocal Agreement between the City of
Lynnwood and the City of Edmonds for Joint Funding of the Recycling
Coordinator.
(J) Authorization for Mayor to sign Interlocal Agreement with Snohomish County
for the purpose of administering the Affordable Housing Trust Fund.
(K) Authorization for Mayor to sign Employment Contract with Jana Spellman,
Senior Executive Council Assistant.
(L) Authorization for Mayor to sign Police Uniform Contract with Blumenthal
Uniforms and Kroesen's Uniforms.
Page 1
CITY COUNCIL MEETING AGENDA
December 16, 2003
Page 2
(M) Authorization for Mayor to sign Security Services Agreement with Stevens
Hospital.
(N) Authorization for Mayor to sign an Addendum to the Prisoner Detention
Agreement with the City of Lynnwood.
(0) Authorization to advertise for Statements of Qualification from consultants for
the update of the City's critical areas ordinance, related public education
program, and supporting SEPA work.
(P) Proposed Ordinance establishing salaries for non -represented personnel for
budget year 2004.
(Q) Proposed Ordinance amending the City's Comprehensive Plan to incorporate
the 2003 Capital Facilities Plan for Edmonds School District No. 15, an update
to the Stormwater Comprehensive Plan and an update of the Southwest
Edmonds Basin Study; authorizing incorporation of the update, plan and study
into the City's Comprehensive Plan.
(R) Proposed Ordinance amending the City's Comprehensive Plan to clarify the
boundary of the Community Commercial designation for certain properties
addressed as 23114 - 23124 100" Avenue West, and to clarify that the eastern
half of the property at 23121 102"d Place west is designated "Single -Family
Residential', rezoning designated parcels addressed as 23114 - 23124 100t"
Avenue West from RS-8 and RM-2.4 to BN and the eastern half of property
addressed as 23121 102"d Place West from RM 2.4 to RS-8.
(S) Proposed Ordinance amending the City's Comprehensive Plan by the adoption
of a new updated Comprehensive Plan Map in parcel specific format and
specifically designating certain elementary school properties as "Schools"
rather than general "Public" land uses.
(T) Proposed Ordinance rezoning properties commonly known as Chase Lake
Elementary, Maplewood School, Seaview Elementary, Sherwood Elementary
and Westgate Elementary from Public Zone to Residential Zoning.
(U) Approval of Findings of Fact denying the proposed Comprehensive Plan Map
amendment to change the plan designation from "Single Family - Small Lot" to
"Multi Family - Medium Density" for properties located on 2311t Place SW and
along the east side of 97th Avenue W, south of Edmonds Way.
(V) Approval of Findings of Fact denying the proposed Comprehensive Plan Map
amendment to change the plan designation to "Mixed Use Commercial' for
properties located at 133 and 137 Sunset Avenue and the vacant lot south of
133 Sunset Avenue and north of 111 Sunset Avenue.
CITY COUNCIL MEETING AGENDA
December 16, 2003
Page 3
(W) Proposed Resolution commending Council President Dave Earling for his
service.
(X) Proposed Resolution commending Councilmember Lora Petso for her service.
(Y) Proposed Resolution commending Student Representative Alex Brent -Fielding
for her service.
3. (10 Min.) Presentation of Resolution to Councilmember Lora Petso.
4. (10 Min.) Presentation of Resolution to Council President Dave Earling.
Recess for reception in honor of
Council President Dave Earling and Councilmember Lora Petso. (2o Min.)
5. ( 5 Min.) Presentation of Resolution to Student Representative Alex Brent -Fielding.
6. (15 Min.) Public Hearing on Ordinance No. 3474: Adopting an interim zoning ordinance
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, and adopting regulations governing the siting, permitting and
mitigation of Essential Public Facilities.
7. (30 Min.) Public Hearing on a proposed ordinance regarding illegal discharges to storm
water system and watercourses.
8. (15 Min.) Proposed Ordinance amending the 2003 Budget as a result of unanticipated
transfers and expenditures of various funds.*
*Public comment will be invited.
9. (15 Min.) Authorization for the Mayor to sign a Quitclaim Deed reconveying certain
portions of Pine Street right-of-way between SR104 and 3rd Avenue South to
the Washington State Department of Transportation (WSDOT).
10. Audience Comments (3 Minute Limit Per Person)*
*Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.
11. ( 5 Min.) Report on City Council Committee Meetings of December 9, 2003.
12. ( 5 Min.) Mayor's Comments
13. (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.