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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.