Council extends public defender contract for another six months

The Mountlake Terrace City Council during its June 12 meeting approved a six-month extension to the contract with Feldman and Lee for public defense services.

This is the second extension to the agreement between the city and the law firm, as both parties were awaiting the Washington State Supreme Court’s decision on the maximum caseload for public defenders. The current maximum is 150 felony and 400 misdemeanor cases a year.

The Washington State Standard reported on June 9 that the justices unanimously agreed for public defenders to handle a maximum of 47 felony cases or 120 misdemeanor cases annually.

The new standard takes effect on Jan. 1, 2026, and is to be fully implemented as soon as reasonably possible, with a target completion date of no more than 10 years.

Although the new caseload standard has not taken effect and theoretically shouldn’t until Jan. 1, 2026, Feldman and Lee asked to renegotiate their fees in anticipation of the State Supreme Court’s decision.

The initial contract with Feldman and Lee was $18,000 a month and expired on Dec. 31, 2025. However, the council wasn’t confident that Feldman and Lee wouldn’t cancel the contract before it expired and opted for a six-month extension.

Feldman and Lee requested $26,500 monthly (a 47.22% increase) to cover anticipated costs and caseloads. The contract ends on June 30, 2025.

The new extension is for six months, lasting from July 1 to Dec. 31, 2025, the expiration date of the initial contract.

In other business, the city council held a second review of the recommended code amendments to meet state middle housing requirements, in preparation for a public hearing on June 26.

Community and Economic Development Director Christy Osborn said the presentation contains changes reflecting feedback received from the council and public since the council’s June 5 meeting.

Mithun partner Heidi Oien said that there were two methods for calculating density: (1) units per lot up to a certain lot size and (2) the lot-area-per-unit above that lot size, referred to as a large lot.

However, these methods were unfair for some lots caught between the minimum lot size and the threshold between the two approaches, Oien said. She proposed using only the lot-area-per-unit method, which eliminates lot size differences. This does not include accessory dwelling units.

To view updates to the proposed middle housing standards, view the presentation material here.

The council also reviewed the ordinance and interlocal agreement for the city’s Commute Trip Reduction (CTR) plan. It outlines policies and strategies to improve air quality and reduce traffic congestion through employer-based transportation programs that encourage the use of alternatives to single-occupant commutes.

Traffic Engineer John Marek said that the only company with a staff size large enough (100 or more employees) to be affected by the CTR is Premera Blue Cross.

Marek said the 2019 survey showed a single-occupant driving rate of 72.45%. The goals are to reduce single-occupant driving by 15%, giving Mountlake Terrace a target of 63%.

The new plan “isn’t vastly different from our current plan,” Marek said.

The significant change, Marek explained, is that the current plan only requires employers to implement some of the required CTR, without specifying an exact number.

CTR changes between the 2017 CTR and 2025 include the list of measures, which increases from 15 to 20. Companies will be required to implement a minimum of five measures, with at least one from each of the following categories: commuting support and incentives, information and education, and amenities and infrastructure.

Another change is the addition of a commuter benefit ordinance for employers with more than 20 employees arriving between 6 a.m. and 9 a.m.

A public hearing on the CTR plan is scheduled for June 26.

The presentation material is available here.

The council recommended the following items for approval as part of the June 26 consent calendar:

– The Alliance for Housing Affordability (AHA) work plans and deliverables. The AHA Joint Board plans to restructure the work plan and budget to specify that standard deliverables – including data, reporting and consultation –  be provided by the Housing Authority Snohomish County, rather than the AHA Program Manager. The memo to the AHA Joint Board can be read here.

– The following commission appointments:

Arts Advisory Commission: Michelle Senechal – Reappointment, Conner Ryan – Reappointment, Judy Ryan – Reappointment, Megan Hogue – New appointment

Diversity, Equity and Inclusion Commission: Vonita Francisco – Reappointment, Priya May-Folden – New Appointment, Kyo Pedersen – New Appointment, Student

Recreation and Park Advisory Commission: Keith Edholm – Reappointment, Audrey Meyer – Reappointment

– An amendment to the ECONorthwest budget for middle housing, allowing for a $50,400 increase for additional work. The original contract was for five to seven meetings with the planning commission and city council. The new amendments now include 12 meetings in addition to weekly internal project meetings.

– The intent to commence annexation proceedings for 24229 48th Ave. W. The property owner would like to annex the property into the City of Mountlake Terrace and connect to the city’s sewer service.

The June 19 city council meeting has been canceled in observance of Juneteenth.

The council’s next meeting will be a work/study session at 7 p.m., June 26 at Mountlake Terrace City Hall, 23204 58th Ave. W., Mountlake Terrace. To attend the meeting online, visit zoom.us/join and enter meeting ID 810 1113 9518; no passcode is needed.

To make a public comment remotely, complete the registration form within 24 hours of the meeting’s start.

To listen via telephone, call 1-253-215-8782 and enter the same meeting ID.

You can also view livestreamed meetings and past video recordings at www.youtube.com/cityofmlt.

The agenda can be viewed here.