08/18/1998 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
AUGUST 18, 1998
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the
Library Plaza Room, 650 Main Street, followed by the flag salute.
ELECTED OFFICIALS PRESENT
Barbara Fahey, Mayor
Gary Haakenson, Council President
Dave Earling, Councilmember
John Nordquist, Councilmember
Michael Plunkett, Councilmember
Jim White, Councilmember
Dick Van Hollebeke, Councilmember
Thomas A. Miller, Councilmember
ALSO PRESENT
Andrea Reid, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Ron Haworth, Interim Fire Chief
Al Compaan, Assistant Police Chief
Paul Mar, Community Services Director
Rob Chave, Planning Manager
Noel Miller, Public Works Director
Stephen Koho, Wastewater Treatment Plant Mgr
Brent Hunter, Human Resources Director
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jeannie Dines, Recorder
COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, FOR APPROVAL OF THE AGENDA. MOTION CARRIED.
CONSENT AGENDA ITEMS
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCIL PRESIDENT
HAAKENSON, FOR APPROVAL OF THE CONSENT AGENDA AS PRESENTED. MOTION
CARRIED. The agenda items approved are as follows:
(A) ROLL CALL
pprove (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 4, 1998
Minutes
Approve (C) APPROVAL OF CLAIM WARRANTS #25664 THROUGH #26783 FOR THE WEEK OF
Claim AUGUST 3, 1998, IN THE AMOUNT OF $143,292.72. APPROVAL OF CLAIM
Warrants WARRANTS #25665 THROUGH #26912 FOR THE WEEK OF AUGUST 10, 1998, IN
THE AMOUNT OF $296,249.71. APPROVAL OF PAYROLL WARRANTS #21364
THROUGH #21568 FOR THE PERIOD JULY 16 THROUGH JULY 31, 1998, IN THE
AMOUNT OF $407,194.51
r(D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM EDWARD W.
KIVLEN ($508.03), AND DON E. NELSON ($61.72)
(E) AUTHORIZATION TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO
SELL SURPLUS VEHICLES
Edmonds City Council Approved Minutes
August 18, 1998
Page 1
Development
Services I (F) APPROVAL OF DEVELOPMENT SERVICES ENGINEER POSITION
ngineer
3. AUDIENCE COMMENTS
Sidewalk- Tracy Fraker, 20529 Maplewood Drive, Edmonds, expressed concern for pedestrian safety on
Maplewood Maplewood Drive. She said the heavily used, one -mile walkway leads to Yost Park and Maplewood
Drive Park and seven sidewalks dead -end onto it. The existing walkway is uneven, causing seniors, individuals
with strollers, and rollerbladers to use the street to go around uneven areas. She was particularly
concerned with the safety of children walking to /from school bus stops and parks. The situation is
worsened by vehicles that exceed the unenforced 25 -mph speed limit. She noted new home construction
in the area has increased vehicular as well as pedestrian traffic. She referred to the petition signed by
most residents of Maplewood Drive as well as over 100 residents of Edmonds (submitted to the City in
May) supporting construction of a sidewalk on Maplewood Drive due to the unsafe conditions. She said
the City's response to their request was that the budget did not allow such improvements and a LID
would be required. Ms. Fraker pointed out an LID was an inequitable way to fund construction of a
sidewalk on a highly used public walkway as it placed a financial burden on a small number of citizens.
She said the City has approved the new development in the area and should take responsibility for the
impact of the development. She requested a copy of this meeting's minutes. Regarding funding, Ms.
Fraker said representatives of the State Department of Transportation (DOT) will meet with
Councilmember Van Hollebeke who has agreed to sponsor this project. She said funding may be
available for a small project such as this and must be applied for by the City and likely would require
matching funds.
Councilmember Van Hollebeke commended Ms. Fraker and her neighbors for continuing to pursue
funding for this project. He planned to meet with DOT on Thursday to research the availability of
funding for this project.
sidewalk- Dave Fordyce, 813 12th Place N, Edmonds, whose residence is one block from Maplewood Drive,
Maplewood strongly endorsed Ms. Fraker's efforts. He explained Maplewood is a major north/south route between
Drive
Main Street and 196th and a gateway from Emerald Hills to 196th. He suggested the City place a traffic
counter on the road, noting the amount of traffic and the number of pedestrians is an accident waiting to
happen. He said the cost of installing a curb and sidewalk on the east side of Maplewood should not be
prohibitive. He provided City Clerk Sandy Chase with a copy of a letter he wrote to the City Engineer
two years ago regarding this same topic but nothing has been done. He recommended the City Council
give this request serious consideration and budget funding for the sidewalk in the 1999 budget (sooner if
possible).
Sidewalk- Lisa Raflo, 20709 Maplewood, Edmonds, reiterated the need for sidewalk improvements along
aplewood Maplewood Drive. She said Maplewood Drive is a popular route for pedestrians, joggers, dog walkers,
IDrive
and Maplewood students when visiting Yost Park but the existing walkway is dangerous. She said traffic
has increased due to new development and Maplewood Drive's convenience as a short cut from 196th to
Main Street. She said the petition with 150+ signatures attests to the community's support for the
sidewalk. She encouraged the City Council to give a sidewalk on Maplewood Drive high priority.
idewalk— Vivian Frances Wick, 20725 Maplewood, Edmonds, said the traffic has increased considerably during
Maplewood the 1' /2 years she has lived on Maplewood Drive. She pointed out the existing gravel walkway is uneven
Drive and frequently has puddles on it. A sidewalk would allow pedestrians to use the route without walking
into the street to get around hazards.
Edmonds City Council Approved Minutes
August 18, 1998
Page 2
equest for Jennifer Eckland, 9510 224th Street, Edmonds, requested two 4 -way stop ,signs on 96th and 224th and
top signs 95th and 224th. She explained from 9th Avenue to 92nd, there are seven intersections with only stop
signs for crossing traffic; 224th has none. This allows excessive speeds on this 6 /10th of a mile stretch
of 224th, often of up to 45 -60 mph at night. She said when a traffic enforcement officer is present,
traffic slows. She said two new homes have been constructed in this area and two more are planned.
This area is a school zone and therefore speed and drug free. She explained there are six children under
the age of 4 in this 1' /2 block area, and they display a "Slow, Children" sign when children are present.
Council President Haakenson asked if she had contacted the City Traffic Engineer. Ms. Eckland replied
she has "talked to everyone." She said a long -time resident of the neighborhood indicated this has been a
30 year problem.
Request for Charles Gall, 95th and 224th, Edmonds, suggested the Council check the Police Department's records
top Signs
to see how many tickets they issue in this area.
Request for Lisa Lane, 95th Place and 224th, Edmonds, commended Ms. Eckland for bringing this to the City's
stop signs attention. She said vehicles exceed 65 mph in this area in the evening. She expressed her concern for
children's safety in this area.
Roger Hertrich, 1020 Puget Drive, Edmonds, stressed the City does not have enough parking, as
Parking
Concerns/ evidenced by the Parking Committee's efforts to improve the parking situation. Yet, the Council is being
Sound asked to agree to sign an agreement encouraging the City to do minimal environmental study and require
Transit minimal mitigation. He stressed the parking problem is not being addressed in the agreement with
Agreement Sound Transit. He said the agreement refers to concentrated development, mixed use housing, etc. and
questioned whether Edmonds' citizens were aware of the future planning the agreement commits the
City to. He preferred the City study the issue further before signing the agreement. On another matter,
Mr. Hertrich questioned the establishment of the Development Services Director position, whether the
City could afford the increased salaries and positions, and what these positions would accomplish.
Develop - Rich Demeroutis, 921 Pine Street, Edmonds, referred to the creation of a Development Services
ent Director position, questioning the need to add another manager. He said Human Resources Director
Services
Director Brent Hunter indicated the Development Services Director position was budgeted at $95,000 for 1999
Position (including benefits) and questioned where the funding was coming from. He questioned why it was so
important to phase in the Human Resource plan when nothing has been done with numerous other studies
conducted during Mayor Fahey's administration. He referred to the plan for an Administrative Assistant
to the Mayor and said funding should instead be directed to public safety or a walkway on Maplewood
Drive. He recommended the Council not approve the creation of the Development Services Director
position.
sidewalk- I Bob Barker, 8806 207th Place SW, Edmonds, expressed concern with the lack of a sidewalk on
IMaplewood I Maplewood Drive. As a runner, he frequently must dodge cars on Maplewood Drive in the winter
Drive months. He stressed Maplewood Drive is a very dangerous street and urged the City to improve the
safety for Edmonds' citizens. He recommended the City do a car count and not wait until an accident
happens.
4. REPORT ON COUNCIL COMMITTEE MEETINGS
ublic Public Safety Committ ee
afety
ommittee Committee Chairman Nordquist reported Police Chief Robin Hickok presented information regarding a
new DUI law that has a provision for impounds. The committee concurred with Chief Hickok's
Edmonds City Council Approved Minutes
August 18, 1998
Page 3
recommendation against impounding due to the cost and other problems that may arise. In addition,
three cost scenarios for the 800 MHz system were presented by Chief Hickok, which will be discussed at
the next 800 MHz meeting.
ommunity Community Service Committee
Services
Committee Committee Chairman Van Hollebeke said a modification to the Employee Parking Ordinance was
proposed requesting Edmonds residents working for non - Edmonds employers be entitled to the
employee parking permits. The City Attorney indicated this would be problematic. The committee
recommended the citizens investigate the Commuter Trip Reduction (CTR) program. In addition,
Traffic Engineer Jamal Mahmoud and Parking Committee Chair Karen Wiggins presented a suggestion
to extend the 3 -hour parking zone on both sides of Sprague Street between Edmonds St. and 6th Ave. N.
and displayed survey results from the neighborhood. The committee recommended approval of the
proposed extension and that it be placed on a future Council Consent Agenda. The committee also
discussed modifications to the City's Comprehensive Plan. Councilmember Van Hollebeke said there are
few modifications necessary this year. This issue will be presented to the Planning Board at its August
26 meeting.
Finance Committee
Finance I Committee Chairman Earling said Administrative Services Director Art Housler explained sales tax
ommtttee equalization revenue continues to decrease and is anticipated to decrease further next year. Mr. Housler
recommended the Council consider using the 106% property tax increase to offset the sales tax revenue
decrease. The committee. requested Mr. Housler draft a memo to the Council. As the budget review
process mainly focuses on the General Fund, Chairperson Earling recommended the Finance Committee
review other major funds including capital funds in September and two others in October and November.
Any observations and/or recommendations will be forwarded onto the full Council.
5. REPORT ON DELEGATION'S TRIP TO SISTER CITY, HEEINAN. JAPAN
np to
Hekinan
Mayor Fahey displayed a slide presentation of the delegation's trip to Edmonds Sister City, Hekinan,
Japan. The slides depicted the delegation's tours of City Hall, the hospital, the assembly hall, agricultural
center, library, chamber music hall, and philosophy experience village. She described the formal tree
planting ceremony at the Agricultural Center. Mayor Fahey explained the population of Hekinan is
68,000, is comprised of 35.5 square miles, and is highly industrialized. Their Assembly (similar to the
City Council) is comprised of 28 assemblymen who meet every three months for 3+ weeks. The slides
illustrated Mayor Fahey's presentation of a proclamation designating Hekinan Week, the gift exchange
(the City gave Hekinan a birch bark basket, a Native American doll, and a set of porcelain vases), the
10th anniversary celebration of Sister City relationship, art work done by Edmonds students displayed on
construction fences surrounding Hekinan's City Hall construction, and the parade and entertainment for
Hekinan's 50th anniversary celebration.
ift from 6. PRESENTATION OF GIFT TO THE CITY COUNCIL FROM SISTER CITY. HEKINAN. JAPAN
ester City
Councilmember Nordquist explained he was asked to represent the City Council in the delegation that
traveled to Hekinan, Japan. He said the delegation was met by Hekinan representatives who paid for
everything during their stay (transportation, meals, hotels, etc.). He was most impressed that the
Hekinan residents who visited Edmonds in 1990 to celebrate Edmonds 100th anniversary remembered
the hospitality the City extended them. He described his homestay experience with a Japanese family
that included a graduate of Edmonds Community College. Councilmember Nordquist commented on the
beauty of Hekinan, noting Hekinan residents use the beauty around them and project it into their
Edmonds City Council Approved Minutes
August 18, 1998
Page 4
relationships with each other. He indicated Hekinan presented him a proclamation welcoming the
delegation and recognizing them as ambassadors of friendship and goodwill. He commented the
delegation's visit to Hekinan was intended to help Hekinan celebrate their 50th anniversary as well as
energize the Sister City relationship. He commented Mayor Fahey represented the City well. He
encouraged citizens to become involved with hosting the delegation from Hekinan this fall.
Councilmember Nordquist presented the Japanese doll given to the Edmonds City Council by the
Hekinan Assembly. On behalf of the Council, Council President Haakenson expressed his appreciation
for the gift and said it would be on display in the Council office. Council President Haakenson thanked
Councilmember Nordquist for representing the City in Hekinan, and Mayor Fahey commended
Councilmember Nordquist for his representation of the City.
outstanding 7. RECOGNITION OF RECEIPT OF OUTSTANDING WASTEWATER TREATMENT PLANT
WWTP ,AWARD FROM WASHINGTON STATE DEPARTMENT OF ECOLOGY
ward
Mayor Fahey advised that the Washington State Department of Ecology (DOE) reviewed the compliance
record of the Edmonds Wastewater Treatment Facility for calendar year 1997 and commended the City
of Edmonds for an exemplary compliance record. The Treatment Plant was awarded the DOE's
"Outstanding Sewage Treatment Plant" award that distinguishes communities for operating their
facilities efficiently, and therefore, protecting the waters of Washington State. Mayor Fahey explained
of the 325 municipal wastewater treatment plants reviewed by the DOE, only 28 were recipients of this
award. She said the award speaks to the high quality of work Treatment Plant Manager Stephen Koho
and his staff consistently do to ensure the Wastewater Treatment Plant is one of the premiere facilities in
the state. Mayor Fahey recognized Mr. Koho and his staff for keeping the plant in compliance as well as
the many innovative ways they have developed to economize on the operation of the facility. Mayor
Fahey presented Mr. Koho with a plaque in recognition of the "Outstanding Sewage Treatment Plant"
award.
Mr. Koho said the operation of the plant is a team effort. He recognized the efforts of Plant Supervisor
Chris Sheridan and Laboratory Technician Debbie Fischer.
Hearing— 8. PUBLIC HEARING - APPLICATION BY ALEXANDER SILAGIN FOR APPROVAL OF
In -lieu PAYMENT INTO THE CITY IN-LIEU OF PARKING FUND FOR 14 OF THE PROJECT'S
Parking REQUIRED 14 PARKING SPACES IN CONJUNCTION WITH A NEW MIXED-USE BUILDIN
Fund/ AT 303 DAYTON STREET, PURSUANT TO EDMONDS COMMUNITY DEVELOPMENT CODE
Silagin/
File 1LP 98- SECTION 17.50.070.A.1.0 (FILE NO. ILP- 98 -122j
122
Planning Manager Rob Chave explained the applicant is requesting approval of a request to pay an in-
lieu fee instead of providing parking spaces on site as allowed under the City Code provisions. The total
parking requirement for the proposed project is 24 spaces; they are proposing to construct 10 parking
spaces on -site and pay into the fund to compensate for the additional 14. Mr. Chave explained the City
typically sees requests for a small number of spaces (1 -5) which can be approved administratively.
Council approval is required for this request due to the number of spaces and because more than half the
spaces are to be provided as an in -lieu payment. He explained the proposed building is three stories, the
first floor is parking, the second floor is a restaurant, and the third floor is an office and one single family
apartment unit. The total parking requirement is 19 for the restaurant, 4 for the office, and 1 for the
apartment unit for a total of 24.
Edmonds City Council Approved Minutes
August 18, 1998
Page 5
Mr. Chave said the applicant indicated this is the site of a former restaurant use that was approximately
equivalent to the proposed restaurant with the addition of an office and residential unit. As part of the
applicant's justification, they indicated the previous restaurant would have been required to provide 18
parking spaces; however, no on -site parking was provided. Therefore, as 24 spaces are required for the
proposed building and 10 are to be included on -site, only 14 spaces are not being provided on site rather
than the 18 spaces not provided by the previous restaurant, resulting in somewhat of a "net gain" of
parking spaces.
Mr. Chave explained the criteria for determining the number of spaces eligible for payment in -lieu of
constructing off - street parking include the following: a) the amount of available on- street parking in the
immediate area, b) the number of customers likely to be attracted by the particular use, as compared to
the general category or use established, or c) whether the proposal will detract from the possibility of
future central parking lots. He explained the applicant provided materials (contained in the Council
packet) addressing each of these points. He said the Council is required to hold a public hearing and
make a decision.
Council President Haakenson asked Mr. Chave to describe the in -lieu of parking fund. Mr. Chave said
the fund was established to allow applicants to make in -lieu of parking payments instead of providing
parking spaces. The funds are used to lease parking in several lots in the downtown area. He said one of
the original intents of the fund was to construct parking but that has not occurred.
Councilmember Plunkett asked if the Planning Department agreed with the net gain parking space
argument. Mr. Chave said the previous restaurant use would have required 18 spaces, none of which
were provided on site. If that is considered a net deficit of 18, the applicant is proposing a net deficit of I
only 14 therefore, this project provides more parking than the previous restaurant use.
Mayor Fahey described the time limits for the public hearing.
Shane Hager, representing Alexander Silagin, said Mr. Silagin is requesting the fee in -lieu of parking
for 14 parking spaces that are required due to the inclusion of a restaurant in the proposed Marine
Business International office building. He explained the restaurant will help fill the void left by the
closure of the former restaurant located (Quintana Roo) at this site. The proprietor of the restaurant has
been in the food service industry for a number of years and currently operates a very successful
restaurant in the Laurelhurst area of Seattle. Mr. Silagin feels the inclusion of the restaurant in this
project will enhance the Edmonds community and respectfully requests approval of their request for fee
in -lieu of parking for the project.
Councilmember Miller asked what type of business Marine Business International is involved in.
Dennis LaPort, Vice - President of Seafood Sales and Marketing, Marine Business International,
answered they are a seafood marketing and investment management company and have been in business
for nine years.
Councilmember Miller observed approximately 8 full -time employees would be on -site and asked if
customers would visit the building to make purchases. Mr. LaPort answered they currently have 7 full -
time employees and most of their business is conducted via the Internet or fax.
Mayor Fahey opened the audience participation portion of the public hearing.
Edmonds City Council Approved Minutes
August 18, 1998
Page 6
Earl Garrison, 210 3rd Avenue S, #C, Edmonds, a resident of the area since 1950, said although he is
not opposed to growth, the proposed reduction in parking is not in the best interest of his neighborhood.
He said the property owners should have been aware of the number of parking spaces the building would
be required to have but are now asking to have 14 spaces off -site for a payment of in -lieu fee. He felt
this was a special gift to the applicant and would move parking for the building's employees and
customers into the already overcrowded parking area on Dayton and 3rd. He was opposed to granting a
parking space variance and pushing the parking problem into neighborhoods. He questioned whether
Edmonds needed another restaurant. He agreed although the former restaurant did not have any on -site
parking, that building had been there for a long time and parking was not as scarce then as it is now. He
reiterated it was not fair to the neighborhood or other businesses to grant the in -lieu parking fee.
Margaret Helde, 210 3rd Avenue S, #A, Edmonds, said they have watched and participated in the
growth of Edmonds during the 27 years they have lived in Edmonds including the numerous
commercial /condominium construction. She said at one time, Edmonds required at least two off - street
parking spaces and "adequate off -street parking" for commercial construction. She said this regulation
was established so residents would not be displaced by the City's expansion. The proposed request is to
construct 7,000 ft. of commercial space and a residential space that requires 24 parking spaces but only
10 are proposed to be on -site. The applicant proposes to provide the remaining 14 parking spaces in the
already overcrowded neighborhood. She understood the need for expansion but was opposed to
expansion that would adversely affect the surrounding area.
Karen Wiggins, 152 3rd Avenue S, #D, Edmonds, was opposed to the in -lieu of payment because no
parking spaces are being provided by the payment. She would not oppose the in -lieu of payment if
parking was provided by the payment. She stressed the streets of Edmonds are crowded now and the
problem should not be added to.
David Kauffman, 310 8th Avenue S, Edmonds, a partner in LPL Financial Services (across 3rd
Avenue to the west from the proposed building site), circulated photos taken from 3rd and Dayton on an
average weekday afternoon, illustrating that every parking spaces in a 1' /2 block area in all directions is
occupied. He said their clients currently have difficulty parking in the area. He said although the
Community Development Code attempts to address the parking issue by requiring adequate parking in
new structures, the in -lieu parking provision in the Code clearly undermines this intent. He requested the
Council consider drafting new requirements that require all in -lieu parking contributions 1) be adequate
to build a parking space for each in -lieu of space and 2) be constructed in a timely manner and near
enough to the structure so that they would be useful to employees /customers /residents of the structure.
He stressed this was a quality of life issue and asked whether the City's quality of life would be better in
5 -10 years if parking is not controlled.
Ken James, 200 James #408, echoed Mr. Kauffman's statements and urged the Council to take the
actions he suggested. Mr. James felt a 60% reduction in the on -site parking requirement in a city already
beset by parking problems was unconscionable. He observed the demand for day and evening parking in
this area is great. Although he was not opposed to growth, he urged the Council to address the quality of
life issue. He said parking enforcement in the area is minimal. He opposed the request, noting it would
be a give -away of public parking in an area that is densely populated. He urged the Council to reject the
application.
Roger Hertrich, 1020 Puget Drive, Edmonds, agreed with Mr. Kauffman's comments and urged the
Council to review the Code, specifically Chapter 17.50, off -street parking. He read from the Code, "the
Edmonds City Council Approved Minutes
August 18, 1998
Page 7
purposes of this chapter are to reduce street congestion, avoid crowding of on- street parking spaces, to
require adequate landscaping, to protect adjacent property from the impact of a use with inadequate off -
street parking." He preferred this criteria be used to make this decision rather than the in -lieu of parking
criteria. He suggested the Council direct staff to review the criteria in this chapter. He said although
there was a restaurant previously on the site, new construction is required to meet the new regulations.
With the existing problems with employee parking, ferry computers, and customers, etc., he supported
denial of the application.
Mayor Fahey closed the audience participation portion of the public hearing.
Mr. Hager said during daytime hours, the restaurant would serve primarily walk -in traffic from nearby
office buildings and the surrounding residential area. During evening hours, the office portion of the
building will be closed and the 10 stalls under the structure will be available for restaurant parking. The
adjacent property, U.S. Bank, has 20 stalls that would be available after 6:00 p.m. He reiterated the
proposed project was the site of a restaurant previously that would have been required to have
approximately 18 parking stalls; therefore, the net gain is 4 stalls.
Mayor Fahey read a letter from Martin R. Nelson, 209 Dayton Street, St. 101, Edmonds, "Allowing
this proportion of in -lieu of parking spaces is extraordinary, and possibly could be contra to the Code for
this proposed mixed -use project. It has been previously understood that in a commercial business
situation a ratio of one to five for every eleven spaces could be paid for in -lieu of, a maximum proportion
which is still less than 50% overall. Residential or mixed -use should allow for even more restricted use
of the paid, in -lieu of program. We are opposed to allowing the number of in -lieu of parking spaces
requested in the above project."
Council President Haakenson asked why the in -lieu of parking fund was established. City Attorney Scott
Snyder explained the original purpose of the in -lieu of parking fund was to permit the aggregation of
funds so that the City could purchase or lease parking spaces to 1) consolidate parking in central,
convenient locations, and 2) to recognize that there may be locations where it is physically impractical or
impossible to construct parking. He pointed out options for providing parking include the in -lieu of
parking fund, the construction of on -site parking, and joint use parking agreements.
Council President Haakenson asked if there were restrictions on new construction or a change'in business
use. Mr. Snyder explained when off - street parking requirements were adopted, state law vests existing
buildings as non - conforming uses. As new uses come into buildings or new structures are built, they
must comply with new parking space requirements.
Council President Haakenson asked if 18 spaces were required when the former restaurant was
constructed. Mr. Chave said the former restaurant was there so long it might have pre -dated some of the
parking requirements. He said the reference to 18 spaces referred to the number of spaces that would
have been required if that restaurant was constructed today. He said the in -lieu of parking fee requests
that the City typically processes are for remodels or changes in use when there is an existing structure
that does not have the capability of providing on -site parking.
Councilmember Van Hollebeke asked the cost per stall for the City to build a public parking facility.
Community Services Director Paul Mar estimated the cost (excluding land costs) of developing a parking
lot would be $3,000 - $4,000 per stall, depending on the size of the lot. Councilmember Van Hollebeke
Edmonds City Council Approved Minutes
August 18, 1998
Page 8
observed if land costs were included, the cost would be 2 -3 times that amount or at least $10,000 -
$12,000, but the in -lieu of fee is only $4,200 per stall.
Councilmember Van Hollebeke said regardless of the number of stalls the former restaurant would have
been required to have, it is a moot point because that building was demolished and new construction
must comply with the code requirements. Mr. Chave said that is why the applicant has applied for
approval of payment into the in -lieu of parking fund.
Councilmember Miller referred to the traffic impact analysis in the packet, noting conclusions indicated
the project is estimated not to have a significant impact on the surrounding street system. He asked if
staff agreed. Mr. Chave said the engineering staff would have reviewed the traffic impact analysis as
part of the SEPA review; as a Determination of Nonsignificance was issued, the conclusion was this was
correct.
Councilmember Miller asked if staff concurred with the conclusions that indicated intersections are
estimated to operate at satisfactory levels currently with or without the project with the exception of
Main Street/9th Avenue intersections and that there are ample pedestrian and transit services surrounding
the site. Mr. Chave answered yes, although the traffic impact analysis was done for this project only and
the Council may be considering the cumulative effect of this decision.
Councilmember Miller asked if the City owned or leased parking within a two -block radius. Mr. Chave
answered there is one on 5th Avenue and one between 3rd and 4th.
Councilmember Van Hollebeke recalled the applicant referred to the U.S. Bank site adjacent to their
property and asked what the bank's parking requirements were. Mr. Chave said this had not been
reviewed. If the applicant wished to pursue a joint parking arrangement, that would be a formal request
and, at that time, hours of operation, etc. would be considered.
Mayor Fahey remanded the matter to the Council for deliberation.
Councilmember Nordquist commented that the Quintana Roo was not a restaurant many years ago. He
pointed out the applicant proposes to provide 10 parking spaces and there are 7 employees. The
additional parking requirements will overburden the neighboring streets that are attempting to
accommodate existing businesses and their customers. He said the in -lieu of parking fund may have a
purpose; however, nothing has been done to acquire parking.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO DENY FILE NO. ILP -98 -122.
Councilmember Van Hollebeke supported denial of the application and stated that the applicant has the
possibility of working with U.S. Bank on joint parking if they have more spaces than required and the
difference in hours of use. He stressed the City has existing parking problems as evidenced by the
Parking Committee who are actively working to resolve them.
Councilmember Earling commented that this is the first application of this section of the Code for such a
large project. He was concerned if the request were approved, it would set a precedent without adequate
study by the Council. He suggested staff bring the in -lieu of parking concept back to the Council for
review.
Edmonds City Council Approved Minutes
August 18, 1998
Page 9
Council President Haakenson observed the cost to build a parking space was at least double the in -lieu of
parking fee and was an inexpensive way to provide parking. He urged staff to reconsider the price and /or
the Code provision. Further, the criteria for determining the number of spaces eligible for payment of in-
lieu of constructing off - street parking is determined in part by the amount of available on- street parking
in the immediate area. His was aware of the lack of parking in the area, which was reiterated by
residents in the area, as well as members of the Parking Committee. He supported denial of the
application.
MOTION CARRIED, COUNCILMEMBER MILLER OPPOSED.
Agreement 9. AUTHORIZATION FOR MAYOR TO SIGN MEMORANDUM OF AGREEMENT WITH SOUND
with
Transit and TRANSIT (THE CENTRAL PUGET SOUND REGIONAL TRA1 srr AUTHORITY;
Community Services Director Paul Mar explained when the RTA ballot passed in 1996, Sound Transit
(RTA) began phasing in the project including numerous presentations to the Council. South Transit has
accelerated the process this year including holding open houses in Edmonds and Everett. Commuter rail
is scheduled to be operational in the north corridor by 2001. Sound Transit staff approached many
jurisdictions, including Edmonds with a memorandum of agreement wherein Sound Transit, as the
applicant, and the City, as regulatory agency, have a full understanding of each other's roles. The City
will not be involved in development of the project but will be the regulatory agency to ensure there is
sufficient public input throughout the process. Comments the City has received from citizens have been
passed on to Sound Transit staff and the City will continue to do so.
Mr. Mar said the proposed agreement has been carefully reviewed by Planning Manager Rob Chave,
Planning Supervisor Jeff Wilson, City Engineer Jim Walker, and City Attorney Carlos de Imus. The
City has also worked closely with Sound Transit's legal staff to ensure there is a clear understanding of
roles. The agreement addresses pre - application conferences, requiring appropriate information from
both parties, and clarifying both parties' roles.
Councilmember Nordquist referred to page 1 of the agenda memo and the statement, "when the new
multimodal transportation center is built, Sound Transit would provide the new commuter rail station .
that will be an integral part of the center" and expressed concern that flexibility for locating that station
(i.e. locating the multimodal site at the Union Oil site) was not addressed in the agreement. Mr. Mar said
commuter rail will be operational in the north corridor in 2001; the current estimate for the multimodal
transportation center is 2005. There will be a period of time when commuter rail will be operational in
Edmonds and the ferry terminal will be in its current location. Sound Transit has proposed to spend a
minimum amount to ensure the current Amtrak station is improved to a level compatible with the
platform loading compartments for commuter rail.
Councilmember Nordquist said the Council is on record as promoting a multimodal center at the Union
Oil site. He asked whether Sound Transit would ask the City which site is desirable or if they would
select the site themselves. Mr. Mar said Sound Transit has been involved in the planning of the
multimodal site since 1996 and is aware that the preferred alternative for the multimodal center is the Pt.
Edwards site. The process of acquiring an environmental determination for that project on that site is
currently underway.
Councilmember Nordquist said the agreement indicates two rails south of Main Street. Mr. Mar
answered there are already double tracks north of Main Street. The section that has single tracks is from
Main Street south to the City limits.
]Edmonds City Council Approved Minutes
August 18, 1998
Page 10
Councilmember Earling recalled the agreement discusses an interim site for the commuter train with the
clear understanding it is the City's long -term goal to move the multimodal site to the Pt. Edward's site.
Dave Beale, Project Manager, Sound Transit, agreed with Councilmember Earling and said the EIS
that is underway has two alternatives for the station, 1) an interim site at the existing Amtrak station
(with the intent to expend as little capital as possible) and 2) a permanent Edmonds station as part of the
multimodal center.
City Attorney Scott Snyder commented that the purpose of this agreement is to expedite the review
process and said in response to concerns his office had, Section 12D states nothing in the agreement
obligates the City as a permitting agency to approve the project or in any way binds future Councils to
the decision - making process. Further, a provision in Section 8C indicates that land use planning and
control is the responsibility of the City. He pointed out the Council must balance their desire to plan,
move forward, seek federal funds, and work with the RTA and other agencies, clearly indicating the
Council's policy preferences without contracting away ultimate decision - making authority that state law
requires the Council make as a quasi-judicial body.
Councilmember Earling recalled a citizen commented on parking for the commuter rail station and said
the initial ridership projections concluded there was more than adequate parking in the area of the
Amtrak for the start up operation. Mr. Beale agreed and said Sound Transit has done a variety of
ridership forecasts including one for the Edmonds station. Forecasts through 2010 indicate a low of 50
vehicles and a high of 120 vehicles. For environmental purposes, 120 spaces were used. He said most of
the parking requirements could be satisfied by existing parking within walking distance of the station. In
addition, one significant property owner within the vicinity of the station has approached Sound Transit
with a proposal for a parking arrangement.
Councilmember Earling said it is the intent of Sound Transit to form citizen groups within communities
to help with planning, site selection, site design, etc. He explained similar memorandums of agreement
have been signed in the south corridor which is scheduled to be operational a year sooner than the north
corridor. He supported the work Sound Transit has done to customize the desires of each community
and was certain issues would be addressed in the process.
COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO AUTHORIZE THE MAYOR TO SIGN THE MEMORANDUM OF
AGREEMENT WITH SOUND TRANSIT. MOTION CARRIED.
Term Limit 10. REVIEW OF THE TERM LIMIT ORDINANCE
rdinance
City Attorney Scott Snyder explained eight years ago he advised the Council and then Mayor Larry
Naughten that the City's provision prohibiting a mayor from serving more than two consecutive terms
violated the state election law requirements that set the requirements for public office and was therefore
illegal. In recent attempts to initiate term limits, Judge William Dwyer stated that since the powers to
determine qualifications for office come from the Federal Constitution, state voters cannot place a
limitation on those federal qualifications. Mr. Snyder pointed out Judge Dwyer's ruling was the same as
the opinion he gave previously -- the City of Edmonds cannot set a limitation where qualifications for
office are set by the State Legislature. Mr. Snyder said this was an appropriate time to review this issue
as it is not an election year and an amendment would not effect the political position of any person.
Edmonds City Council Approved Minutes
August 18, 1998
Page 1I
For Councilmember Plunkett, Mr. Snyder said the term limit is not a constitutional violation but is
invalid as it violates state law for public office. Judge Dwyer indicated a lower legislative body cannot
'�Vlinntes
impose a limitation where the higher law sets a broader ability. The City Council could pass a resolution
:were
stating its belief that it is in the public's best interest to limit Mayors' terms to two years but the City
;eorrecte
cannot limit the Mayor to two terms by ordinance.
��1/98
rd. #3223
Removing COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER
The vote
con this
Limit on NORDQUIST, TO ADOPT ORDINANCE NO. 3223 REMOVING THE LIMITATION ON THE
:was 6 in
terms NUMBER OF YEARS A MAYOR SERVES. MOTION CARRIED, COUNCILMEMBER MILLER
:favor and:
OPPOSED. * *See Note in Margin.
:1 no
.vote.
.Council -
11. CREATION OF DEVELOPMENT SERVICES DIRECTOR POSITION
:member
:Plunkett
Develop- Mayor Fahey said initially this information was brought to the Human Resources Committee meeting in
'voted no.:
................
ent Jul The Jul 28 Council packet contained the job descriptions under consideration and at that meeting,
Services }'' y p � p g,
Director the Council provided input and referred the matter to the Human Resources Committee for consideration
and recommendation.
Councilmember Miller (Human Resources Committee Chair) said the input of the Council was
considered by the Human Resources Committee and it was the consensus of the committee to move
forward with the creation of the Development Services Director position and extend the Community
Services Director position through 1999 to allow the committee to review it further. He said the Council
packet contained the Development Services Director's job description as well as the revised job
description for the Community Services Director position.
Mayor Fahey responded to citizen comments in opposition to creating this position and that too many
supervisory positions are being created in the City. She stressed the Council authorized the Human
Resources Study to determine the appropriate organizational structure for the City, reflecting that the
City of Edmonds has grown significantly over the past few years. The Human Resources Study was
conducted by a group of consultants, one whom is extremely knowledgeable in the organization structure
of cities (Phil Kushlan, originally the City Manager of Bellevue). She said the perception that she wants
to expand positions in the City inappropriately is incorrect; in reality, she is trying to facilitate the
implementation of the consultants' recommendations that the Council accepted as the appropriate
direction for the City. She felt the creation of the Development Services Director position was justified,
appreciated the work the Human Resources Committee has done, and supported the organization
structure recommended by the consultants.
In response to an audience member's question regarding funding for the Development Services Director
position, Council President Haakenson said the agenda memo indicated the funding source for 1998 will
be from unanticipated revenues from permit fees but did not address the funding source for 1999. He
assumed it would be part of the 1999 budget. Mayor Fahey agreed, stating a portion of the salary will
come from increases in permit fees from projects under consideration as well as funds from the General
Fund. She recalled during discussions of the Architectural Design Board, it was noted that permitting
and planning processes in the City are very complex based on numerous new rules and regulations
associated with state and federal requirements. This was one of the primary reasons Mr. Kushlan felt the
Department of Development Services needed to be created to allow those processes to be done in a more
expeditious manner and have one person oversee all components.
Edmonds City Council Approved Minutes
August 18, 1998
Page 12
Council President Haakenson said not only did the Human Resources Study recommend this position, the
items that come before the Council indicates this position is needed. As the audience did not have the
benefit of the Development Services Director's job description in the Council packet, Council President
Haakenson asked Councilmember Miller to describe a few key items in the job description.
Councilmember Miller explained the City hired a consultant to consider what improvements were
needed; one area that surfaced both internally and externally was the Planning Department's ability to
respond to customer requests. The Development Services Director position will oversee building and
planning -- plan, organize and direct a variety of programs, oversee private development and long -range
planning activities and the implementation of the City's Capital Investment program, establish customer
services programs to ensure that citizens achieve their objectives in the most timely and efficient manner,
and ensure proper interpretation of Development Services functions with other city departments. He
summarized the creation of the Development Services Director position would allow a more smooth and
streamlined response to requests for applications for permits and resolve problems in the Planning
Department.
Councilmember Nordquist recalled problems in the Planning Department years ago resulted in the
creation of the Community Services Director position. He believed the Community Services Director
position was created to manage the departments, yet now another position, Development Services
Director, was being created. He questioned how much mutation this job would take before another
position needed to be created. He recalled he supported the creation of the Development Services
Director position at the Human Resources Committee meeting but noted this item included approving the
revised job description for the Community Services Director position, which he had not supported at the
Human Resources Committee meeting. He preferred the Community Services Director position be
discussed further by the Human Resources Committee and a recommendation made to the Council.
Mayor Fahey recalled the Human Resources Committee discussed the creation of the Development
Services Director position and whether to retain the position of Community Services Director position at
least through 1999 followed by possibly implementing other recommendations of the Human Resources
Study such as an Assistant to the Mayor. At the Human Resources Committee meeting, she supported
retaining the Community Services Director position and modifying the job description so that it would
largely become the capital projects management position and reflect those responsibilities. She recalled
Mr. Kushlan's approach in doing the Human Resources Study and making these recommendations was to
recognize the Community Services Director position and the department that was created a number of
years ago has grown to the point it was largely unmanageable. Mr. Kushlan's organization structure
proposal was to break that department up so that supervisors of each area were overseeing a specific area
of responsibility. She pointed out this was the organization structure presented in the Human Resources
Study and ultimately approved by the Council. She understood at the conclusion of the Human
Resources Committee meeting that the recommendation was to retain the Community Services Director
position for another year and therefore to modify the job description. She said the modified job
description was provided to Councilmembers at the Council work meeting and she assumed when the
Council agreed to retain the Community Services Director position for another year, that they were
agreeing to accept the modified job description for that position. If the Council wished to review the job
description further, it could be reviewed at the next Council meeting.
Councilmember Nordquist recalled the creation of the Development Services Director position and
Assistant to the Mayor were on the Human Resources Committee agenda. At that meeting, he supported
creation of the Development Services Director position but did not support an Assistant to the Mayor at
this time and proposed the committee recommend approval of the creation of the Development Services
Edmonds City Council Approved Minutes
August 18, 1998
Page 13
Director position to the City Council. Councilmember Nordquist observed a lot of reorganizations are
done based on an interview of the person currently in the position; if that person is overloaded and needs
more help, that is built into the job description.
Councilmember Nordquist noted the title of the agenda item referred only to creation of the
Development Services Director position and he questioned the Council's ability to consider the
Community Services Director position. City Attorney Scott Snyder advised the Council could modify
the agenda item, as it was not a public hearing.
COUNCIL PRESIDENT HAAKENSON MOVED, SECONDED BY COUNCILMEMBER
NORDQUIST, TO AUTHORIZE THE CREATION OF THE DEVELOPMENT SERVICES
DEPARTMENT, APPROVE THE JOB DESCRIPTION FOR THE POSITION OF
DEVELOPMENT SERVICES DIRECTOR AND AUTHORIZE THE MAJOR TO PROCEED
WITH A HIRING PROCESS FOR THE POSITION TO BEGIN NO EARLIER THAN
NOVEMBER 1, 1998, . AND SEND BACK TO THE HUMAN RESOURCES COMMITTEE THE
JOB DESCRIPTION FOR THE COMMUNITY SERVICES DIRECTOR AND ASK THEM TO
COME BACK IN NO MORE THAN 30 DAYS WITH AN APPROVED, REVISED JOB
DESCRIPTION FOR THE COMMUNITY SERVICES DIRECTOR.
Councilmember Nordquist observed the job descriptions in the Ewing Report and the Mayor's
recommendation were different and suggested both be considered by the Human Resources Committee.
Councilmember Earling asked how far the City was from full implementation of the Human Resources
Study. Human Resources Director Brent Hunter answered the positions remaining to be created are the
Assistant to the Mayor, and development of a Utility Department Director position. He explained there
were three elements of the Human Resources Study, 1) classification/implementation which was
implemented in July 1997, 2) organizational which includes the remaining positions of Assistant to the
Mayor and Utility Department Director, and 3) staffing which includes creation of ten new positions
which has not yet been fully addressed.
Councilmember Earling said he would support the motion and appreciated the Mayor's delay in creating
the Community Services Director /Assistant to the Mayor position because of concern in part that it may
appear she is trying to get an assistant prior to the next election. Yet he said the Council must decide
whether it wants to implement the Human Resources Study or not. He strongly believed there needed to
be someone in place to facilitate large capital projects that are upcoming. If the Assistant to the Mayor
position is not created, there must be someone who can follow capital projects to completion.
MOTION CARRIED.
12. MAYOR'S REPORT
Mayor Fahey thanked those citizens who volunteered to participate on the Snohomish County Tomorrow
Citizen Citizen Advisory Board. She advised there is now an opportunity for Snohomish County residents who
Advisory regularly use the Edmonds and Mukilteo ferries to serve on the Washington State Fe Advisory
Boards � y g 1TY
Committee. There are two vacancies on the Central Ferry Advisory Committee which includes the
Edmonds ferry run and two vacancies on the North Central Ferry Advisory Committee which includes
the Mukilteo ferry run. Nomination forms must be completed and filed with the County Executive by
August 27.
Edmonds City Council Approved Minutes
August 18, 1998
Page 14
terim
Mayor Fahey announced the Interim Water Group is meeting August 19 at 5:30 p.m. at the Kirkland
ater Group Maintenance Center. The meeting will include discussion regarding water provision in the future to
accommodate growth. She noted Edmonds is in a fairly secure position with its water source.
Mayor Fahey advised she will be on vacation next week; Council President Haakenson will be Mayor
Pro Tem and Community Services Director Paul Mar will oversee administration in her absence. She
requested Councilmember White represent the City at Snohomish County Tomorrow in her absence.
13. COUNCIL REPORTS
Budget Council President Haakenson said the Mayor has requested one Councilmember serve on the budget
Review review team during the last few weeks of September, 3 -4 hours per day. He asked Councilmembers to
Team advise him if they were interested in participating.
Suggest Councilmember Earling observed the public hearing on tonight's agenda was scheduled to take place
Change in approximately 30 minutes after the start of the meeting. However, due to audience comment and other
Order of agenda items, it started at 8:15 p.m. He suggested on those evenings when an item such as a public
Agenda
hearing, presentation, or recognition is on the agenda, that it be scheduled prior to audience participation
to avoid lengthy delays. Council President Haakenson agreed and suggested other Councilmembers
provide their input on this suggestion.
Councilmember Plunkett supported Councilmember Earling's suggestion.
Concerts in
ark Councilmember Nordquist reminded the public of the Concerts in the Park on Sundays at 3:00 p.m.
aste of Student Representative Andrea Reid agreed with Councilmember Earling's suggestion. Also, she stated
•dmonds that she worked at the Taste of Edmonds and felt it was a great event.
Edmonds in Mayor Fahey announced Councilmember Van Hollebeke received an Honorable Mention in the
doom Edmonds in Bloom contest. She said there were many wonderful flower displays and driving maps were
available at the Anderson Center. She expressed her appreciation to those who arranged the Edmonds in
Bloom event.
14. EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER
Executive
Session At 9:50 p.m., Mayor Fahey recessed the Council to Executive Session for a 30- minute discussion
regarding a real estate matter. No action was anticipated and she advised the Council would adjourn
immediately following Executive Session.
ate
BARBARA S. FAHEY, <AYOR
SANDRA S. CHA�, CITY CLERK
Edmonds City Council Approved Minutes
August 18, 1998
Page 15
AGENDA
EDMONDS CITY COUNCIL
PLAZA MEETING ROOM - LIBRARY BUILDING
650 MAIN STREET
7:00 -10:00 P.M.
AUGUST 18, 1998
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 AUGUST 4, 1998
(C) APPROVAL OF CLAIM WARRANTS #25664 THROUGH #26783 FOR THE WEEK OF AUGUST 3, 1998, IN
THE AMOUNT OF $143,292.72. APPROVAL OF CLAIM WARRANTS #25665 THROUGH #26912 FOR THE
WEEK OF AUGUST 10, 1998, IN THE AMOUNT OF $296,249.71. APPROVAL OF PAYROLL WARRANTS
#21364 THROUGH #21568 FOR THE PERIOD JULY 16 THROUGH JULY 31, 1998, IN THE AMOUNT OF
$407,194.51
(D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM EDWARD W. KIVLEN ($508.03), AND
DON E. NELSEN ($61.72)
(E) AUTHORIZATION TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO SELL SURPLUS VEHICLES
(F) APPROVAL OF DEVELOPMENT SERVICES ENGINEER POSITION
3. AUDIENCE COMMENTS (Three Minute Limit Per Person)
4. (15 Min.) REPORT ON COUNCIL COMMITTEE MEETINGS
5. (15 Min.) REPORT ON DELEGATION'S TRIP TO SISTER CITY, HEKINAN, JAPAN
6. (10 Min.) PRESENTATION OF GIFT TO THE CITY COUNCIL FROM SISTER CITY, HEKINAN, JAPAN
7. (10 Min.) RECOGNITION OF RECEIPT OF OUTSTANDING WASTEWATER TREATMENT PLANT AWARD FROM
WASHINGTON STATE DEPARTMENT OF ECOLOGY
8. (45 Min.) PUBLIC HEARING — APPLICATION BY ALEXANDER SILAGIN FOR APPROVAL OF PAYMENT INTO THE
CITY IN -LIEU OF PARKING FUND FOR 14 OF THE PROJECT'S REQUIRED 24 PARKING SPACES IN
CONJUNCTION WITH A NEW MIXED -USE BUILDING AT 303 DAYTON STREET, PURSUANT TO
EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 17.50.070.A.1.0 (FILE NO. ILP -98 -122)
9. (10 Min.) AUTHORIZATION FOR MAYOR TO SIGN MEMORANDUM OF AGREEMENT WITH SOUND TRANSIT (THE
CENTRAL PUGET SOUND REGIONAL TRANSIT AUTHORITY)
10. (20 Min.) REVIEW OF THE TERM LIMIT ORDINANCE
11. (15 Min.) CREATION OF DEVELOPMENT SERVICES DIRECTOR POSITION
12. (5 Min) MAYOR'S REPORT
13. (15 Min.) COUNCIL REPORTS
14. (30 Min.) EXECUTIVE SESSION REGARDING A REAL ESTATE MATTER
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 appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears
the following Wednesday, Friday and Monday at noon on Channel 32.