The Council’s vote came after four hours of testimony in a closed-record review of the Feb. 9 Hearing Examiner’s decision, and was the latest chapter in a long-standing legal saga that started in 2006 when Burnstead Construction bought the 5.61-acre property from the Edmonds School District and proposed a Planned Residential Development (PRD) for the site. The Southwest Edmonds Neighborhood Association appealed the project on grounds that it violated City ordinances and state laws involving stormwater drainage management, a Fish & Wildlife Habitat Conservation area, traffic congestion, safety, open space and other concerns.

After the City denied the neighborhood association’s appeal, association member Lora Petso and her husband Colin Southcote-Want in 2007 appealed to the City Hearing Examiner, then to the City Council. When those appeals were successful, Petso then sued the City and Burnstead Construction under state Land Use Protection Act  laws for violations of City and state codes. She prevailed in Snohomish County Superior Court and, later, in the State Court of Appeals,

However, the state appeals court left some questions unanswered and sent the case back to the City Hearing Examiner for more information and testimony in the areas of drainage, perimeter set-backs, and open space requirements, setting up the Feb. 9 decision in Burnstead’s favor. (Petso is currently an Edmonds City Councilmember but at the time of the initial legal action through May 2010 she was not. She recused herself from voting on this latest appeal and instead appeared with the neighborhood association and offered testimony on the group’s behalf.)

Monday’s four-hour meeting to hear the neighborhood association’s appeal was a continuation of a review that began during the Council’s May 16 meeting, but was ended at 11:30 p.m. that night after councilmembers determined there were still many unanswered questions and they needed another evening to address their concerns.

Although the Council voted unanimously Monday night to affirm the hearing examiners decision on all three areas – perimeters, open space and drainage plans — councilmembers did take an additional vote requiring Burnstead to meet two conditions. In an effort to address the neighbors’ primary concern that runoff from the development will only make neighborhood drainage problems worse, the council voted 5-1 (Councilmember Frank Yamamoto opposed), to require each lot to have an individual drainage system “if feasible within engineering standards and guidelines,” and for there to be a five-year maintenance bond on the drainage, pending research by Burnstead to determine if a five-year bond can be acquired.

Councilmembers will have another chance to review their decision and make further adjustments after attorney Carol Morris, who was hired specifically to represent the council during the closed records review, puts the proceedings in writing.

Individual councilmembers did spend significant time asking detailed questions on areas related to safety, landscaping and drainage, but were warned by Morris that it was important to make their decision based on whether the development complied with city code — or risk a reversal of their ruling during a future appeal.

For example, Councilmember Adrienne Fraley-Monillas asked whether city staff had looked into the concern by neighbors that Hickman Park draws an overflow crowd to the park for youth soccer games, resulting in parking on both sides of 237th Street Southwest. Increased traffic from a new housing development could prove dangerous for children crossing an already congested street, she noted.

“Obviously we’re disappointed,” said Southwest Edmonds Neighborhood Association member Cliff Sanderlin following the council vote. “The proceedings were treated as if it was assumed that the PRD would be approved. Councilmembers only had the opportunity to vote on ways to ameliorate the problems, but never given a up or down vote.  Several councilmembers expressed concerns over Critical areas, the taking of the neighbors’ property, and safety issues, they were told to ignore that.”

The rest stop at 76th and McAleer Way includes a bench and signage.

Work is in progress on the trail connecting 76th Avenue West to 74th Avenue West.

The City of Edmonds says work on the Interurban bike and pedestrian trail connection through Edmonds’ Lake Ballinger neighborhood should be completed in a few weeks.

My Edmonds News took a few photos Sunday of the progress at Ballinger Station, a landscaped rest area for trail users at 76th Avenue West and McAleer Way.

Ballinger Station includes an open shelter with a park bench and two interpretive historical panels that tell the story of the Interurban Trolley Line, which ran from Seattle to Everett until 1939. A drinking fountain is still to come, said City of Edmonds Parks, Recreation and Cultural Services Director Carrie Hite.

The city is planning on a ribbon cutting ceremony in mid-June, Hite added.

The council began the hearing during last Tuesday night’s meeting, but decided late in the evening to continue it to 6 p.m. Monday after councilmembers agreed they still had far too many unanswered questions. You can read the background on what happened at last week’s meeting here.

On Tuesday night, the Council will honor long-time Councilmember Michael Plunkett with a reception from 5:30-6:30 p.m.,  followed by a brief business meeting and a two-hour Edmonds Strategic Plan & Visioning Retreat with the City’s Planning Board
and Economic Development Commission. You can access the documents that will be discussed at the retreat — the fifth one in the strategic planning process — on the city’s website (look for strategic plan information in the middle of the home page).

Following the strategic plan discussion, the council will consider a request to authorize design services for the Main Street Improvement Project and will hear the city’s 2012 first-quarter financials.

Both meetings will be in the council chambers, 250 5th Ave. N.

By Shawn Hunstock

As the City of Edmonds begins to prepare for developing a budget for 2013 — one which could have a deficit of $800,000 to $1 million based on current projections — it might be helpful for Edmonds residents to have a summary of some of the more significant past efforts taken to address the economic downturn and the impact they’ve had on city finances.

Below are some of the items that have been implemented since 2000 in order to successfully achieve balanced budgets through year 2012 despite declining revenues over the past few years.

Expenditure Reduction Efforts
In 2001. the city became part of the Sno-Isle Regional Library system. At the time, this saved approximately $1 million in the city’s budget. In 2003, the city’s budget forecast showed expenditures growing faster than revenue. In order to reduce the overall level of expenditures, 23 positions were eliminated from the budget, saving approximately $1.2 million per year, bringing the City of Edmonds to one of the lowest employee per capita cities in Snohomish County.

The city implemented general overall expenditure reductions in 2008, saving approximately $390,000, and in 2009, saving approximately $2 million. The expenditure reduction effort in 2009 included the elimination of three employee positions in addition to nine furlough days for many of the City’s employees. The City also entered into a contract for fire services with Fire District No. 1. The contract was a way to cut costs initially and control future cost increases for fire services.

In addition to the large cutbacks that have happened in the past, departments are continuously looking for other ways to reduce costs. For instance, many documents, such as the City Council agenda packets, are now produced electronically rather than being printed. The City also changed health care plans beginning in 2011, saving money each year on the City’s health insurance costs. In addition, the City updated its insurance coverages and deductibles to save on the cost of insuring vehicles, equipment and buildings.

Revenue Enhancement Efforts
The Emergency Medical Services property tax levy (voter approved) and EMS transport fees are two recent options enacted by the city to recover a portion of the cost of providing emergency medical services to Edmonds residents and visitors. Changes to utility tax rates have also helped recover some of the cost of providing services to the city’s utilities such as legal, finance, human resources and the clerk’s office, among others.

The Transportation Benefit District (TBD), which began in 2009, now provides a much needed funding source for critical street improvements. The TBD collects $20 per vehicle license fee per year and can only be used for street preservation, maintenance and operations.

Beginning in July 2008, the city benefited from a change in the way sales tax was reported to the Washington State Department of Revenue. Prior to that, sales tax was reported based on the location of the store, warehouse or online business making the sale. After the change, sales tax is now reported based on where delivery of the purchased item takes place. The city still receives credit for sales tax from auto dealerships, for instance, because delivery typically takes place at the dealership location. With a relatively large residential base, the city benefits from sales tax on goods delivered to Edmonds residents. These types of purchases include furniture and appliance deliveries made within the city, and online purchases if the seller collects sales tax.

Ongoing Budget Issues
As mentioned earlier, it is expected for 2013 that the City of Edmonds will have a budget deficit of $800,000-$1 million. This estimated deficit will grow each year, reaching approximately $3 million in 2016. The city will spend a good part of 2012 looking for ways to address the growing deficit. This includes reviewing additional options for expenditure reductions and potential new revenue enhancements. Residents will have opportunities to provide feedback on the budget during public hearings later this year as part of the city’s budgeting process.

At 11:30 p.m., Council President Strom Peterson, who ran the review after Earling removed himself, said the hearing would be continued to 6 p.m. Monday, May 21, in the Council Chambers after councilmembers agreed they still had far too many unanswered questions.

A group of Southwest Edmonds homeowners — led by Councilmember Lora Petso, who has recused herself from voting — have been fighting the development planned on 5.61 acres of the Old Woodway Elementary School playground since 2006, when Burnstead Construction bought the property from the Edmonds School District. Through the Southwest Edmonds Neighborhood Association, neighbors appealed the PRD on grounds that it violated City ordinances and state laws involving stormwater drainage management, a Fish and Wildlife Habitat Conservation area, traffic congestion, safety, open space and other concerns.

A legal battle has been going on since, with Petso — an attorney– prevailing in Snohomish County Superior Court and, later, in the State Court of Appeals. However, the appeals court sent the case back to the City of Edmonds Hearing Examiner for more information and testimony in the areas of drainage, perimeter set-backs, and open space requirements — and that’s where the latest legal skirmish erupted. On Feb. 9, the Hearing Examiner affirmed the City Planning Division’s recommendation that preliminary approval be granted, with certain conditions. The Southwest Edmonds homeowners appealed that recommendation to the council.

The closed hearing review, which was scheduled for the latter part of Tuesday night’s Council meeting, began with Petso, her husband Colin Southcote-Want and several other neighbors arguing that Earling couldn’t be objective about the issue. Petso noted that Earling was a member of the State’s Growth Management Board when the Burnstead property came before the board, although Earling pointed out that the issue “was about a matter of jurisdiction” between the Edmonds School District, Snohomish County and the City of Edmonds, rather than property development. Second, Petso and others said that Earling’s name was listed in the Council agenda as recommending the Hearing Examiner’s decision be upheld. Earling responded that the form is routinely attached to council agenda items and it was an oversight that the mayor’s name was included as supporting this particular item.

Drainage is the main concern of the Southwest Edmonds neighborhood group, and they are steadfast in their belief that runoff from the development will only make flooding worse. City Planning and Stormwater staff said they were confident that the developer had addressed those concerns, and representatives from Burnstead construction expressed frustration that no matter how many times they worked out a solution — in compliance with city code — the neighbors aren’t satisfied.

Councilmembers began following a line of questioning — mostly directed at Petso — that was clearly aimed at trying to determine why the neighbors were so clearly at odds with city staff on the issue. During one exchange, Councilmember Michael Plunkett asked,”What is the staff seeing differently?” Petso’s reply: “The staff works for the mayor.”

The council will continue to hear additional arguments from both sides on May 21 and then issue a decision.

Earlier at Tuesday night’s meeting, councilmembers voted 6-1 (Michael Plunkett voting no) to override Mayor Earling’s veto of a council-passed ordinance that would increase the charge for new connections to the city’s water, sewer and storm water systems.

Earling, who was on vacation when the original vote was taken, said that he didn’t oppose the new charges, which would result in significant increases for any new utility connections — either for new home or commercial construction or remodels. But he did disagree with the way the council decided to phase them in over a three-year period — a 50 percent increase the first year and a 25 percent increase in each of the following two years. (Earling had favored an increase of either one-fourth each year over four years or one-third yearly over three years.)

The council also:

- issued a proclamation thanking Edmonds-Woodway High School senior Alex Springer for his work as the council’s student representative for the past year. Springer, who will study biological engineering at MIT this fall, said he hopes to someday renew  his involvement in city government.

- authorized Public Works Director Phil Williams to advertise for bids for the Main Street improvement project, which is scheduled to be completed between mid-September and mid-November of this year.

The commission addresses specific issues related to economic development and is responsible for helping identify new sources of revenue as a direct result of economic development projects. It also provides new strategies for economic development and provides recommendations regarding strate­gies for economic development and other mat­ters that will improve commercial viability, tourist development and activity for consideration by the Edmonds City Council.

In addition to its other duties, the commission will work in conjunction with the Planning Board to review and consider economic development strategies. Meetings of the commission are held on the 3^rd Wednesday evening of each month.

Commissioner terms are staggered and terms of members on the commission as of Dec. 31, 2011 will expire on Dec.  31, 2012.  Terms of new memebers appointed in 2012 expire on De. 31, 2014 while terms of members appointed in 2013 or later will expire on Dec. 31, 2015.

Interested individuals may apply online at EdmondsWA.gov, pick up an application at the reception desk in the lobby of City Hall located at 121-5th Ave. North, or call 425-771-0247 to receive an application by mail or email.  Applications must be submitted by 4:30 p.m. on Friday, June 1.

This project will repair defects in the existing rock seawalls and embankments by filling existing void spaces with grout. All repairs will be made by track-based equipment with a boat acting as a spotter to identify the next repair location.

The schedule for these repair efforts is weather-dependent but expected to continue through the summer. The contractor for BNSF, Advanced American Construction, will provide updates during the project and the City of Edmonds said it will continue to pass that information on via local news sources.

This work will start in Seattle and work northward. It is not expected to be in the Edmonds area for several weeks.

TUESDAY, MAY 29
6 p.m. Steve Bernheim
6:20 p.m. Randy Hayden
6:40 p.m. Natalie Shippen
7 p.m. Richard Gurtiza
7:20 p.m. William Patton
7:40 p.m. Glenn Steinberg
8 p.m. Harry Gatjens
8:20 p.m. Michael Mearns
8:40 p.m. Roger Hertrich

WEDNESDAY, MAY 30
6 p.m. Steve Shelton
6:20 p.m. Kristiana Johnson
6:40 p.m. Ron Wambolt
7 p.m. Dan Hinrichs
7:20 p.m. Dick Van Hollebeke
7:40 p.m. Darlene Stern
8 p.m. Lori Chrisman
8:20 p.m. Alvin Rutledge
8:40 p.m. Tad Helke

You can view each councilmember’s application here.

Most of the homeowners represented in this latest appeal were also involved in a similar legal fight in 2006, when Burnstead Construction bought the property from the Edmonds School District. Through the Southwest Edmonds Neighborhood Association (SENA), neighbors appealed the PRD on grounds that it violated City ordinances and state laws involving stormwater drainage management, a Fish & Wildlife Habitat Conservation area, traffic congestion, safety, open space and other concerns.

According to neighborhood representative Cliff Sanderlin, after the City denied the neighborhood association’s appeal, association member Lora Petso and her husband Colin Southcote-Want appealed to the City Hearing Examiner, who turned them down. Petso, an attorney and former City Council member from 2000 to 2003, took her appeal to the next level—the City Council—in 2007, which also denied her appeal. She then sued the City and Burnstead Construction under state Land Use Protection Act (LUPA) laws for violations of City and state codes.  She prevailed in Snohomish County Superior Court and, later, in the State Court of Appeals, Sanderlin said.

Though the state appeals court found in Petso’s favor, it sidestepped a final ruling and sent the case back to the City of Edmonds Hearing Examiner for more information and testimony in the areas of drainage, perimeter set-backs, and open space requirements.

On Feb. 9, opponents of the development appeared before Edmonds Hearing Examiner Emily Terrell to testify against the PRD. Petso, who is now again on the Edmonds City Council, said she was speaking both as a neighbor and a private citizen when she told Terrell that said the builder’s plan should be scrapped because it leaves many questions unanswered and has been altered significantly from the original plan.

During the Feb. 9 hearing, the Planning Division reported that the builder had made upgrades including a more robust stormwater management system. Afterward, the Hearing Examiner affirmed the City Planning Division’s recommendation that preliminary approval be granted, with certain conditions. The ultimate size and configuration of the drainage system was left open until final approval is granted. Several opponents disagreed with her decision, emphasizing the area has a long history of flooding and that no drainage system is likely to work during a major storm since there is no outlet to Puget Sound from the area, which is in a basin, Sanderlin said.

Since the appellants were turned down by the Hearing Examiner in February, their next recourse is to take their appeals to the current City Council.

Neighbors on three sides of the proposed project filed appeals to the City Council in April, stating that the City violated its own ordinances. The appellants, paying the City a fee of $365 per appeal, will give oral presentations to the Council at its May 15 meeting.

According to Sanderlin, the areas the appellants cite in their current appeals to the Council, include:

• Insufficient proof that the builder’s proposed stormwater dry-well vault will be adequate during 100-year storms or sufficiently well maintained to prevent increased flooding of homes south and west of the proposed development.
• Property encroachment, since residents along the western side of the site will lose part of their back yards ranging from a few inches to more than a foot, which includes mature landscaping and trees.
• Violation of a designated Fish  & Wildlife Environmental Area of Concern, which provides habitat for two species of concern.
• Among their other complaints, the appellants point out that the SEPA Determination of Non Significance (DNS) was based on a plan for 66,000 square feet of impervious surface. The 2012 hearing examiner’s condition, allowing 3,000 square feet per lot, for 27 lots, allows 81,000 square feet before even including the road area. This, claim the neighbors, will exacerbate flooding problems and should require a new SEPA review.
• The hearing examiner skipped a legal requirement that the City’s Architectural Design Board must review the plans, including actual designs of the individual buildings, before the development can be approved.
• Adequate perimeter buffering laws are not met, and,
• The proposed homes will not fit on the lots planned for the development.

In addition to Lora Petso and her husband, the current appellants are Rick and Darlene Miller filing jointly with next-door-neighbors Constantino (Dino) and Sophia Tagios; Ira Shelton and his wife Kathie Ledger; and Sanderlin and his wife Heather Marks. Other opponents from the Southwest Edmonds neighborhood donated money to the appellants, covering most of the fees they paid the City for the right to appeal.

Petso will recuse herself from voting on the appeal, Sanderlin noted.

You can see additional background on the Lora Petso vs. City of Edmonds case here.

Troy McClelland

About 60 people attended the meeting in the Plaza Room Friday.

A “Who’s Who” list of business, government and community leaders filled the Edmonds Library Plaza Room at lunch Friday to learn more about the Economic Alliance Snohomish County and its efforts to support existing businesses and expand economic development opportunities.

Representatives of the year-old Alliance have been traveling throughout Snohomish County to educate community leaders about their mission, which President and CEO Troy McClelland described as “advocacy, development and connection.” Friday’s meeting was co-sponsored by the Port of Edmonds, the Edmonds Chamber of Commerce and Swedish/Edmonds Hospital, and is part of new Mayor Dave Earling’s commitment to ensure that Edmonds becomes “a player in the long-term economic health of Snohomish County.”

The event drew a group of more than 60 people representing many sectors of Edmonds — from the Mayor and City Councilmembers and Port Commissioners to Swedish/Edmonds CEO David Jaffe, Arista Wine Cellars owner David Arista, Edmonds Center for the Arts Executive Director Joe Mclalwain and Chamber of Commerce President Ron Clyborne.

“We have a variety of businesses in our community,” Earling said in introducing the program. “And it’s not just big businesses that are here. We have a lot of people who own their own shop and maybe have only one employee, but they’re part of our economic engine here too and we want to be able to call attention to that.”

Long-time Edmonds resident Dick Van Hollebeke, who also chairs the Edmonds Community College Board, called the Alliance “the best news I’ve heard” since moving to Edmonds 35 years ago.”There’s more enthusiasm and can-do spirit in this room than I’ve seen in a long time. It’s like Edmonds is finally waking up to its potential, and its potential is going to be formed by collaborations.”

McClelland said the Economic Alliance — created through a merger of the South Snohomish and Greater Everett Chambers of Commerce and the Snohomish County Economic Development Council –was aimed at creating a regional Snohomish County organization “that was as concerned with the south as it was concerned with the north as it was concerned with the east.”

The goal is “to have partnerships throughout the whole county” that can influence everything from lobbying efforts at the state and federal level to business recruitment, McClelland said.

He cited as an example the efforts of the Alliance to ensure that the University of Washington Bothell campus got a third building. “That’s a big deal for the South County,” McClelland said. “Thirty percent of the students at (UW) Bothell come from Snohomish County; of that 30 percent, 25 percent…are south of 128th Street. They come from Edmonds, they come from Bothell, they come from everywhere south.”

McClelland noted that the Alliance focuses both on retaining existing businesses and recruiting new companies to the area. He described a business near Mountlake Terrace that was thinking about moving its company to Texas because it couldn’t find the training resources needed for its workers. The Alliance stepped in to assist and saved 1,500 jobs from moving out of the area, McClelland said.

He also mentioned the importance of protecting the county’s base business — aerospace. “The (Boeing) 777 X line alone is estimated to throw off $700 million in wages a year, $600 (million) of it spent in or around Snohomish County,” McClelland said. Snohomish County has real competition from other states that are attracting aerospace, including South Carolina and Texas, and to remain competitive the county must ensure “that we have a business environment where a company like Boeing would want to stay.”

Earling took the opportunity to remind his captive audience of the developments already in progress or on the horizon in Edmonds. For starters, Old Milltown has a new owner and is beginning to fill up with businesses. In addition, the Port of Edmonds “is very interested in redeveloping Harbor Square, and that has gigantic potential for our community,” Earling said. “With a railroad station just across the street, we know that if the Port puts together a project and the citizens approve it, we could have a mixed-use area down there that would be a real economic driver for our community.”

The Port proposal coupled with the potential sale of Antique Mall means it’s possible for Edmonds to begin to develop “the true potential of our harbor area,” Earling said.

Edmonds Green rendering from the Behar Company.

“But the discussion can’t just be about downtown Edmonds,” the mayor added, mentioning recent development at Westgate and also a new long-range concept from the Behar Company to redevelop the corner of 220th Street Southwest and Highway 99. Called Edmonds Green, the mixed-use plan is described as a transit-oriented urban village where residents and business workers “will enjoy short swift commutes, and in many cases, will be able to live within walking distance from where they work.”

The 450,000-square-foot concept includes 237 residential units and 70,000 square feet of office area.

The area of 220th and Highway 99 is a hub for commuters traveling to major employers such as Swedish/Edmonds and Premera Blue Cross in Mountlake Terrace, and Earling said that as the City of Edmonds representative on the Sound Transit Board, he was able to ensure that Sound Transit will consider the possibility of including an additional stop at 220th Street for the light rail extension north to Lynnwood.