02/04/1997 City Council
EDMONDS CITY COUNCIL APPROVED MINUTES
FEBRUARY 4, 1997
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
Dave Earling, Council President
Tom Petruzzi, Councilmember
John Nordquist, Councilmember
Roger L. Myers, Councilmember
Jim White, Councilmember
Dick Van Hollebeke, Councilmember
Gary Haakenson, Councilmember
ALSO PRESENT
Robbie Cuningham, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Robin Hickok, Police Chief
Paul Mar, Community Services Director
Jeff Wilson, Current Planning Supervisor
James Walker, City Engineer
Gordy Hyde, Engineering Coordinator
Debbie Dawson, Parking Enforcement
John Bissell, Associate Planner
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jeannie Dines, Recorder
COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER
MYERS, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED.
2. CONSENT AGENDA ITEMS
Councilmember Haakenson pulled Item B from the Consent Agenda.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER NORDQUIST,
FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED.
The agenda items passed are as follows:
(A) ROLL CALL
(C) APPROVAL OF CLAIM WARRANTS #12241 THRU #15369 FOR THE WEEK OF
JANUARY 27, 1997, IN THE AMOUNT OF $330,555.89
(D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM DOUGLAS H.
GRIER, M.D. ($100,000), AND GEORGE J. AND DOROTHY G. MATUSKA ($2,329.33)
(E) APPROVAL OF 1997 TAXI LICENSE RENEWAL FOR NORTH END TAXI
(F) APPROVAL OF 1997 TAXI LICENSE RENEWAL FOR CHECKER CAB COMPANY,
INC.
(G) APPROVAL OF MILEAGE REIMBURSEMENT RATE INCREASE IN ACCORDANCE
WITH IRS REGULATIONS AND CITY RESOLUTION NO. 583
Edmonds City Council Approved Minutes
February 4, 1997
Page I
(H) REPORT ON BIDS OPENED JANUARY 28, 1997, FOR THE CONSTRUCTION OF
BRACKETT'S LANDING SOUTH PARK AND AWARD OF CONTRACT TO DARIOTIS
CONSTRUCTION ($311,245.13, INCLUDING SALES TAX)
(I) REPORT ON BIDS OPENED JANUARY 28, 1997, FOR THE WASTEWATER
TREATMENT PLANT HVAC IMPROVEMENTS PROJECT AND AWARD OF
CONTRACT TO MAGNOLIA CONTRACTORS, INC. ($58,604.37, INCLUDING SALES
TAX)
(J) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT
WITH PERTEET ENGINEERING, INC. FOR TRAFFIC IMPACT ANALYSIS FOR THE
PUBLIC SAFETY COMPLEX
Item B. Approval of City Council Meeting Minutes of January 28, 1997
Councilmember Haakenson pointed out the second to the motion on the top of page 2 should be Council
President Earling. Further, he asked that his comment regarding Councilmember Petruzzi on page 3
include the statement that Councilmember Haakenson praised Councilmember Petruzzi for his ability to
make everyone feel good following an emotional vote.
COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS,
FOR APPROVAL OF ITEM B AS CORRECTED. MOTION CARRIED. The item approved is as
follows:
(B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 28, 1997
3. AUDIENCE
Mayor Fahey stated that her office and the Council have been inundated by members of the public who
PEdmonds wish to voice their opinion regarding the Port. She explained the Port of Edmonds is a completely
autonomous government agency, created by State Statute, who's primary mission is to foster economic
development. The City plays no role in the operation of the Port, nor does it have any control over the
decisions this board makes. The City of Edmonds' sole authority over the Port is as a regulating agency
which oversees the permitting process. While it was understandable that citizens are frustrated with the
Port's response to issues raised and wish to voice their concern to the Council, she cautioned that the
Council may be required to participate in an appeal process in the future and the Council's ability to
make decisions in such a situation could be impaired or formally challenged if they received information
outside a formal hearing.
Further, Mayor Fahey informed the audience that due to the many items on the agenda, limited time is
available for audience comment; therefore this portion of the agenda will be limited to a total of 15
minutes. Additional time will be allotted at the end of the meeting for further comments if needed.
Mayor Fahey read the City's denial of the Port's request for a Shoreline Substantial Development Permit
exemption for the Port facility reconstruction, as written by City staff. The denial of the Port's request
for an exemption was based on the fact that the proposed reconstruction plan incorporates several
substantial changes from the existing facility. These changes are of such a significant nature that the
proposed facility cannot be classified as comparable to the original structure or development, including
but not limited to its size, shape, configuration, location and external appearance. Mayor Fahey
explained this decision is not subject to any local administrative appeal process; however, the decision
may be appealed to the Superior Court. In addition, the decision to deny the Port's request for an
exemption from the requirements to obtain a Shoreline Substantial Development Permit with the
Edmonds City Council Approved Minutes
February 4, 1997
Page 2
proposed reconstruction plan does not prevent the Port from submitting revised exemption proposals for
consideration.
Mayor Fahey denied Mr. Rutledge's written request for an additional two minutes to speak. -
AI Rutledge, 7101 Lake Ballinger Way, Edmonds, recommended the Council salary be increased to
$11,568 by the year 2000. He commented that in the past this City has always recommended to be No. 1
on the wages for everybody, and that should include the Council. He urged the City to consider, when
zoning areas for small business, that a new revenue tax law effective January 1, 1997, eliminates taxes to
for businesses earning less than $24,000. He further commented that he supported and voted for
Councilmember Petruzzi. He reported Councilmember Petruzzi assisted with resolution to sewer
problems near Lake Ballinger.
Dave Erickson, 7802 194th St. SW, Edmonds, pointed out the vital service provided to the City by the
Edmonds dive/rescue team and boat. He explained the dive/rescue boat and team do more than dive
and rescues, they are tools used in a number of situations including police and fire investigations. He pointed
out the need for the dive/rescue team and boat if the recent mud slide struck an Amtrak train as well as
the need to access the tracks by boat in the event of a fire. He pointed out the rescue boat and dive gear
are paid for and ten divers have been trained; the only cost is fuel, oil and minor maintenance. He
reiterated the importance of the dive/rescue team to the safety of the City.
Dave Page, 1233 Olympic View Drive, Edmonds, said it has been a privilege to know Councilmember
Petruzzi. Although they have not always agreed, Councilmember Petruzzi is always prepared and
listens; he is a tribute to City Councils throughout the country. He expressed his appreciation for the
opportunity to work with Councilmember Petruzzi.
Mel Critchley, 705 Driftwood Place, Edmonds (778-9437), said the January 26 minutes did not
accurately reflect his comments. He noted he had distributed a packet of information to the Mayor and
Council. He referred to an Enterprise newspaper article regarding the Council's vote to slow down trains
in this area and the signatures of 1,000 citizens who were against an increase in railroad speeds. He
pointed out the rail service provided by BN does not meet the criteria referred to by WSDOT—reduced
travel time, improved service and reliability, increased frequency, convenient connections and safety.
He felt the RTA commuter train would be doomed to fail as Amtrak has stated their service is
unprofitable. He referred to his handout, No. 2, which is a statement from WUTC who evaluated the
petition by considering the safety implications of the change including sight distances, accident history,
adjacent land use, motor vehicle traffic volumes, train frequency, traffic conditions, existing signs and
signals, train control and local municipality support. Mr. Critchley feels they failed on all items. He
urged the City to request the RTA abandon the idea of a commuter train and request WUTC reconsider
the speed increase on tracks through the City for the safety of citizens.
Jim Solie, 217 Alder, Edmonds, asked that the parking situation in their area be rectified, including
junk cars parked on the streets. Mayor Fahey informed Mr. Solie he would have an opportunity to speak
on this issue during the hearing that is scheduled as Item No. 4 on the agenda.
4. CONTINUED HEARING ON PROPOSED CHANGES TO 3 -HOUR PARKING AND EMPLOYEE
PARKING PERMIT ZONES (CONTINUED FROM 11/4/96)
Community Services Director Paul Mar explained three of the four areas (Third Avenue North segment,
Second Avenue South segment and Alder Street segment) are minor extensions to the existing 3 -hour
es parking zone. The proposed Admiral Way change was a new request by the Port of Edmonds. In
Edmonds City Council Approved Minutes
February 4, 1997
Page 3
response to the Council's question regarding the status of neighborhood commuter parking lots, Mr. Mar
explained that as a result of the Council's May 7, 1996, approval of Ordinance #3090 to permit commuter
parking lots, the Downtown Parking Committee worked with Community Transit and local churches to
develop commuter lots. The Committee reached an informal agreement with three churches (Westgate
Chapel, St. Matthews Lutheran Church, and St. Peters -by -the -Sea) for use of their properties for
commuter parking lots. It is intended these lots (nine spaces in each lot) will be operational within the
next 60 days.
Mr. Mar further informed the Council that in order to provide public parking for waterfront users, 3 -hour
parking restrictions were instituted by the City along all of the streets adjacent to the waterfront.
Included are the west side of Railroad Avenue from Dayton Street to Main Street, the west side of Sunset
Avenue between Edmonds and Bell Streets, both sides of Sunset Avenue between Bell and Main Street,
the east side of Railroad Avenue between James and Main, the south side of James from Railroad
Avenue to SR 104, and the parking lots at Olympic Beach and Brackett's Landing. There is also a
privately owned parking lot on both the north and south side of the Amtrak station. Walking distances
from parking areas range from less than 50 feet up to 1/4 mile.
Councilmember Haakenson asked why the Port was requesting the change on Admiral Way.
Bill Toskey, Port of Edmonds, 336 Admiral Way, Edmonds, said the Port supports restricting parking
on Admiral Way as surveys reveal there is a great deal of ferry parking in this area. As a result, Admiral
Way is not available for visitors to the Port, waterfront areas, or restaurants. The Port also plans to
adjust their parking regulations to match the City's regulations and restrict parking in their parking lots
that are open to the public to three hours. Individuals with permits would be allowed longer parking.
Karen Wiggins, Chair, Edmonds Downtown Parking Committee, advised she was present to answer
any questions.
Mayor Fahey opened the audience participation portion of the hearing.
Jim Solie, 217 Alder, Edmonds, advised they have a tremendous amount of commuter parking near
their home. Problems include loud voices early in the morning and junk cars. He supported the
requested changes.
Randy Eaton, 24316 101st Ave W, Edmonds, pointed out the primary function of the Council was to
serve the best interest of all citizens, not only businesses or the Port. He agreed with parking limits in
the downtown core and in residential areas but questioned parking restrictions on Admiral Way. He
noted a 3 -hour parking restriction between 5 p.m. and 5 a.m. would eliminate the majority of vehicles
without affecting other users. He suggested a second parking zone be established if necessary.
Rob Garwood, 155 NW 183rd St., Shoreline, said he is a ferry commuter who parks on Admiral Way.
He explained when he arrives at 5:45 a.m., there are 30-40 cars in front of Arnie's that have been there all
night. Most of these cars are gone during the day; therefore, the solution to parking on Admiral Way on
weekends and overnight is to restrict parking between 5:00 p.m. and 5:00 a.m. His recent count revealed
270 off-street parking spaces. He pointed out the Port subsidized Anthony's by providing parking and
now wants the City to eliminate parking on Admiral Way to regain that parking. He suggested the Port
condemn land if more parking was necessary.
Jan Kavadas, 217 Alder, Edmonds, described discourteous behavior she observed over the last ten
days by people using 2nd Avenue for parking (a vehicle backing into their driveway without looking and
Edmonds City Council Approved Minutes
February 4, 1997
Page 4
vehicles blocking entrance to and exit from their driveway). She said parking causes congestion and
traffic difficulties. She expressed her appreciation for Councilmember Petruzzi's service on the Council.
Eric Buringrud, Anthony's Restaurant, 456 Admiral Way, Edmonds, urged the Council to consider
3 -hour parking restriction along Admiral Way as the addition of other 3 -hour restrictions would increase
commuter parking on Admiral Way. He pointed out parking is at a premium in the summer; commuter
parking is an unreasonable use as it eliminates the possibility of public use of the waterfront. The 3 -hour
restriction would allow restaurant parking as well as public use of the waterfront.
Chris Kenney, Arnie's, 300 Admiral Way, Edmonds, explained the Mukilteo Arnie's experiences
similar problems with commuter parking. Mukilteo has a 4 -hour parking restriction within 3'/z blocks.
He pointed out there are several businesses near Amie's (Edmonds) who also utilize the parking area and
a parking lot monitor is required during the summer months due to the demand for parking. He said
Arnie's has leased additional parking from the Port for employee parking.
Jack Station, 217 Alder, Edmonds, recommended the entire downtown area be included in the 3 -hour
parking restriction as the current restriction pushes commuter parking to their area and Railroad Avenue.
He pointed out parking difficulties on weekends and holidays in their area.
Mayor Fahey closed the audience participation portion of the hearing.
Councilmember Petruzzi asked how the existing 3 -hour parking limit has effected commuter parking.
Enforcement Officer Debbie Dawson responded patrol officers are writing fewer tickets between
midnight and 6:00 a.m. From her perspective, working the day shift and observing citations from the
evening, it appears vehicles are not parking in residential areas.
Councilmember Petruzzi observed parking is moving into other areas and agreed further adjustments
were necessary. He pointed out public commuter parking is available for a fee of $35 per month. He
supported aggressive efforts to retain parking for citizens and looked forward to expanding the restricted
areas.
Council President Earling asked how much parking is available west of Third Avenue. Mr. Mar
answered there are paid lots on the north and south side of the Amtrak station, approximately 200 spaces.
Council President Earling said his observation has been there is more than adequate parking available in
these areas.
Mayor Fahey closed the hearing and remanded the matter to the Council for deliberation.
COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
EXTEND THE DISCUSSION FOR FIVE MINUTES. MOTION CARRIED.
Councilmember Petruzzi commented the City has been working to resolve parking issues so citizens can
utilize parking areas. He complimented the Downtown -Parking Committee for the improvements they
have made.
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING,
TO APPROVE THE 3 -HOUR PARKING AND EMPLOYEE PARKING PERMIT ZONES FOR
THIRD AVENUE NORTH - BOTH SIDES FROM EDMONDS STREET TO A POINT 265.5 FEET
NORTH (END OF RM ZONE), SECOND AVENUE SOUTH - BOTH SIDES FROM ITS
SOUTHERLY END SOUTH OF ALDER STREET TO DAYTON STREET, AND ALDER STREET
- BOTH SIDES FROM SECOND AVENUE SOUTH TO THIRD AVENUE SOUTH.
Edmonds City Council Approved Minutes
February 4, 1997
Page 5
Council President Earling supported the motion, but pointed out this type of action often results in
another neighborhood asking for similar restrictions in three to four months as the parking problem
simply moves around. He complimented the Parking Committee for their achievements but stressed the
City's long term parking needs have not yet been addressed.
Councilmember Petruzzi agreed and suggested the Parking Committee consider a 3 -hour parking
restriction for the entire downtown area. He pointed out the importance of moving commuters into the
paid parking lots because the City needs all available parking for its citizens and business patrons.
Councilmember Myers spoke in support of the motion, noting his primary concern is the availability of
the waterfront to citizens during the day.
MOTION CARRIED.
COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, TO
EXTEND THE DISCUSSION FOR AN ADDITIONAL 15 MINUTES IF NEEDED. MOTION
CARRIED.
Councilmember Petruzzi requested the Council's input on designating, per the Port's request, a 3 -hour
zone on Admiral Way - both sides from Dayton Street south to the end of the public right-of-way for 24
hours a day, 7 days a week.
Councilmember Myers commented the six hour limit has been working well and would support Admiral
Way being zoned in the same manner.
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
IMPLEMENT THE 3 -HOUR PARKING AND EMPLOYEE PARKING PERMIT ZONE ON .
ADMIRAL WAY - BOTH SIDES FROM DAYTON STREET TO THE SOUTH END OF THE
PUBLIC RIGHT-OF-WAY; 3 -HOUR PARKING FROM MIDNIGHT TO 6:00 P.M. MOTION
CARRIED.
5. HEARING ON PROPOSAL TO EXTEND NO RE-PARKING ON SAME 100 BLOCK PILOT
PROGRAM BEYOND FEBRUARY 15. 1997
Community Services Director Paul Mar explained the Council adopted Ordinance #3109 in August 1996
which enforces parking restrictions on the move of a parked vehicle from one space to another (re -
parking) within the same 100 block within the BC zone. The ordinance stated this was a pilot program
with an expiration date of February 15, 1997. He referred to the memo from Officer Debbie Dawson to
Police Chief Hickok regarding enforcement of this ordinance.
Councilmember Haakenson said he has observed an increase in the number of available parking spaces
in the area from 5th and Main to the east since this temporary program became effective. He agreed with
the need for a parking garage in the downtown area and challenged the Downtown Parking Committee to
address this issue.
Council President Earling suggested a revision to the employee parking permit policy be considered,
such as pro -rating the cost of a parking permit later in the year.
Councilmember Haakenson agreed. Councilmember Myers agreed with a half-price permit after July 1
but would not support a month by month reduction as it is too cumbersome.
Edmonds City Council Approved Minutes
February 4, 1997
Page 6
Mayor Fahey opened the audience participation portion of the hearing.
Brian Comstock, 1107 Daley Place, Edmonds (business at 5th and Main), agreed with Councilmember
Haakenson's observation that the pilot program appeared to significantly open up parking spaces. He
supported keeping the employee parking permit fee at a reasonable level and urged the Council to make
this a permanent program.
Mayor Fahey advised the fee is established based on the cost to process the permits. She closed the
audience participation portion of the hearing and remanded the matter to the Council for deliberation
COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER MYERS, TO
ENACT THE NO RE -PARKING IN THE SAME 100 BLOCK ORDINANCE ON A PERMANENT
BASIS AND DIRECT STAFF AND THE CITY ATTORNEY TO PREPARE THE NECESSARY
CHANGES TO THE EDMONDS CITY CODE.
Council President Earling acknowledged the good intentions of this program and its efforts to solve
parking problems. However, he was dissatisfied with micro -managing the system and urged the Parking
Committee to address the larger problem of solving long-term downtown parking needs.
MOTION CARRIED, COUNCIL PRESIDENT EARLING OPPOSED.
6. APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING FILE NO. V-96-119. TO
DENY THE REQUEST FOR A HEIGHT VARIANCE OF APPROXIMATELY 12 -FEET TO
ALLOW THE CONSTRUCTION OF A NEW SINGLE-FAMILY RESIDENCE WITH A
AP -96-144 MAXIMUM HEIGHT OF 37 -FEET ABOVE AVERAGE GRADE. THE SUBJECT PROPERTY IS
LOCATED AT 16008 75TH PLACE WEST AND IS ZONED RS -12. (Appellant/Applicant: Dr. Af
Ansari and Dr. Batoul Modarress / File No. AP -96-144
Mayor Fahey advised this appeal was withdrawn. It remained on the agenda because notices were
published and mailed.
Mayor Fahey declared a five minute recess.
7. APPEAL OF THE DECISION BY THE ARCHITECTURAL DESIGN BOARD TO DENY THE
APPLICATION FILED UNDER FILE NO. ADB -96-131 TO CONSTRUCT TWO ADDITIONAL
PARKING SPACES IN FRONT OF THE BUILDING LOCATED AT 126 4TH AVENUE NORTH.
(Appellant/Applicant: Marvin Smith /File No. AP -96-148)
Councilmember Nordquist disclosed that his company is presently doing business with Mr. Smith's firm
City Attorney Snyder explained this is the Council's first closed record appeal—an administrative
process in which the Council is limited to the record created by the Architectural Design Board (ADB).
He pointed out there is no provision for public comment and the transcript does not indicate any
members of the public appeared to testify to the ADB; therefore, did not reserve an appeal right. He
recommended the Council disregard any previous discussions regarding downtown parking. He noted
ECDC Chapter 15 was repealed and his review of the Transportation Element did not provide sufficient
detail (Anderson vs. Issaquah Court of Appeals ruling) to consider the effect on downtown parking as
part of this appeal. Remaining issues include whether the project complies with the Comprehensive Plan
and provisions of the ADB chapter that are referenced in the Design Guidelines. He reiterated any
questions must be related to the record created by the ADB and cannot elicit new information not
contained in the record. The Council may make a decision on the appeal or remand the matter back to
the ADB. Mr. Smith is vested in the ordinances as they existed when he applied and his application must
Edmonds City Council Approved Minutes
February 4, 1997
Page 7
be considered based on those ordinances. He pointed out the ADB may need additional training on
establishing a record and more detailed findings.
Mr. Snyder pointed out Ms. Hyde's appeal letter indicates the City, as a property owner of interest, may
be in violation of the Appearance of Fairness Doctrine. He explained RCW 42.36.090 provides that if a
challenge to the quasi judicial body would destroy its quorum, the members may continue to participate
and the Appearance of Fairness Doctrine challenge would be without weight.
Councilmember Petruzzi asked if the staff report could be considered as information contained in the
record. Mr. Snyder advised the staff report could be considered as long as it did not contain any new
information.
Mayor Fahey asked if any Councilmembers had any disclosures to make. There were no other
disclosures. Mayor Fahey asked if there were any challenges to Councilmember Nordquist's
participation.
Sally Hyde, Attorney for Marvin Smith, indicated she challenged the entire Council as the property is
adjacent to her client's property and City employees use the on -street parking. She did not wish to waive
any of those objections on an issue of appeal if this matter were to proceed to Superior Court.
Mayor Fahey stated there were no objections to Councilmember Nordquist's participation.
Associate Planner John Bissell, ADB Liaison, said on December 4, 1996, the ADB held a hearing on
Marvin Smith's application to add two parking stalls to his site on 4th Avenue North. The ADB
considered the evidence and concluded the application was not in compliance with the standards of the
Design Guidelines and requirements of the Landscape Ordinance and denied the application.
Councilmember Petruzzi asked if the agenda memo was a summary of information contained in the.
record. Mr. Bissell answered, to the best of his knowledge, it was.
Sally Hyde, Attorney for Marvin Smith, 152 Third Avenue South, objected to any consideration of
the narrative on the agenda memo recently issued by the Planning Department as it did not accurately
reflect the ADB's decision at the hearing. She pointed out if the Council relied on the narrative, they
would be relying on the City's version of what the evidence shows. The narrative also states the ADB
denied the application based on its failure to comply with the Architectural Guidelines and landscaping.
She read the basis of the denial from the transcript, "I would like to make a motion, I would like to move
that we deny 96-131 as submitted for the following reasons: that the guidelines discourage parking in
front of the building so that this is a noncompliance, that there is a pedestrian hazard caused because of
the increased vehicular and pedestrian interplay, and that's about it." She stressed there was no denial
based on the landscape buffer.
Ms. Hyde pointed out the initial staff report referenced Design Guidelines, Section 15.15 of the City
Design Guideline Ordinance (requires small parking areas at the rear of buildings and the provision of
pedestrian facilities) which has been repealed. Therefore, it was not a proper basis for consideration by
the ADB. The staff report also referenced Section 20.10.070(3) of the Edmonds Community
Development Code which is not the same section referenced in the new agenda memo—Section
20.12.025 of the ECDC. Therefore, staff is urging the Council to deny the appeal on a different basis
than was proposed to the ADB.
Edmonds City Council Approved Minutes
February 4, 1997
Page 8
Ms. Hyde stressed a closed record appeal is limited to the information and arguments provided to the
ADB at the time of the hearing and argument is limited to issues on appeal. The only issue on appeal is
whether the basis of the denial was sufficient on Mr. Smith's application. For the ADB to deny the
application, they must state the proposal is not consistent with the Comprehensive Plan and other
adopted City policies and refer to the specific sections of the Plan or adopted City policies with which it
is not consistent. This allows the applicant to correct any inconsistencies. Similarly, if a proposal does
not meet the requirements of the zoning ordinance, the ADB is required to identify which specific
ordinance and its requirement the proposal failed to meet. The ADB failed to identify which criteria or
purpose of chapter 20.10.070 the proposal failed to meet.
Ms. Hyde requested the Council approve Mr. Smith's application as he has met all requirements. She
assumed the ADB's reference was to Section 15.15 and 15.30 which were repealed two years after
adoption. If the Council wished to deny the application, they must state why the ADB was correct or
grant Mr. Smith's application.
Mr. Snyder pointed out the staff report to the ADB (dated November 15, 1996) did refer to ECDC
Section 20.12. Ms. Hyde agreed but pointed out the ADB did not deny the application on that basis. She
noted the requirement to surround all parking areas with landscaping raises the question of how vehicles
and pedestrians access parking and she urged the Council not to deny the application on that basis. She
pointed out consideration is limited on appeal to the basis of the denial—pedestrian hazard.
Mr. Snyder referred to the City's ordinance on closed record appeal (21.05.040) which allows the .
Council. to affirm, modify, or reverse the action or remand for further consideration. He pointed out the
applicant. has the burden of proof and persuasion in a permit process and the City ordinance requires the
application to comply with criteria in the ECDC and the Comprehensive Plan. He said it appeared the
ADB's decision did not consider other criteria because they found it did not meet the Design Guidelines.
He concurred this was not a proper basis for a decision and asked Ms. Hyde her position regarding a
remand to the ADB to have these issues addressed. Ms Hyde responded the only appropriate issue for
remand would be the issue on appeal.
Mr. Snyder clarified that Ms. Hyde did not agree under Regulatory Reform, an internal administrative or
quasi judicial review body had the ability to remand and correct an obvious error in the decision-making
process. Ms. Hyde said she was not familiar enough with the Code to comment; she reiterated the
remand is limited to only the issue on appeal.
Mr. Snyder advised Ms. Hyde had three minutes remaining for rebuttal.
Mr. Bissell said the staff report to the ADB was entered into the record at the hearing. He pointed out
Sections 20.12.025 and 20.12 were cited in that staff report. ECDC Section 20.12.000 states the
landscape requirements in the chapter are intended to be used by City staff, the ADB and the Hearing
Examiner review projects as set forth in ECDC 20.10.010; giving the ADB the authority to consider this
section. It also states the ADB shall be allowed to interpret and modify the requirements contained
therein. The only way the requirements of the landscape ordinance can be deviated from is if the ADB
makes such a motion. ECDC Section 20.12.025 states a minimum 5 -foot planting strip is required
around the perimeter of all parking lots; a drive aisle is not the parking lot which addresses Ms. Hyde's
concern with access. He summarized the sections of ECDC were cited; the only way the applicant could
avoid the 5 -foot perimeter landscaping surrounding the parking area would be if the ADB stated a waiver
or reduction of that requirement which was not done.
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February 4, 1997
Page 9
Councilmember Haakenson asked if the Council was limited to only the transcript. Mr. Snyder advised
the Council was permitted to consider the transcript and all exhibits, including the November 15, 1996
staff report. The staff report dated 2/4/97 contained in the agenda memo should be considered as an
argument from the record, not as evidence.
Mr. Snyder said City ordinances state that to grant a permit, sets of findings must be made. The record
indicates all findings were not made in the ADB's motion. Although he understood Ms. Hyde was
requesting the Council apply a limited appeals jurisdictional scope and consider only those issues on
appeal, he questioned whether the Council was limited to those findings when an incomplete decision
was rendered and the applicant has the burden of proof and persuasion. This could result in the granting
of a City permit when the criteria of the code was not met.
Ms. Hyde reiterated the issue before the Council is whether there was sufficient basis to deny the permit
and, as there wasn't, Mr. Smith's permit should be granted.
Mayor Fahey remanded the matter to Council for deliberation.
Responding to Councilmember White's questions, Mr. Snyder stated this is an internal appeal and the
Council has the obligation to find that all code criteria has been met. In this case, there were no findings
on two of the required findings for issuing a permit. He advised the required findings are contained in
Chapter 20.10.060—findings must conclude the proposal is consistent with the Comprehensive Plan and
other adopted policy, that the zoning ordinance requirement has been met or that a variance or
modification has been approved, and that it satisfies the criteria of the Chapter. He agreed the
Comprehensive Plan does not provide sufficient detail (under Anderson vs. Issaquah) to be applied.
Councilmember Haakenson questioned whether the ADB's denial was based on incorrect information.
He preferred the decision be remanded to the ADB with the proper staff guidance that the Design
Guidelines are not to be considered.
Councilmember Van Hollebeke agreed with Councilmember Haakenson's comments. He asked if a
remand to the ADB was appropriate on this basis. Mr. Snyder answered the City's ordinance reserves the
right to remand if findings required by ordinance were not made by a lower body. He agreed the Council
was limited in appeal to the issues raised but retained the right to remand. This would benefit the
applicant as the issue can be addressed; however, a denial would end their vesting.
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER VAN
HOLLEBEKE, TO UPHOLD THE APPEAL, OVERTURN THE ARCHITECTURAL DESIGN
BOARD'S DECISION ON THE BASIS OF THE FINDINGS MADE, AND REMAND IT BACK TO
THE ARCHITECTURAL DESIGN BOARD TO DETERMINE WHETHER THERE HAS BEEN
COMPLIANCE WITH PROVISIONS OF THE EDMONDS COMMUNITY .DEVELOPMENT
CODE. MOTION CARRIED.
Mr. Snyder advised Findings would be prepared for the next regular Council meeting and would include
direction to the ADB that a decision must be returned within a specified period of time as required by
Regulatory Reform.
Mr. Snyder pointed out this appeal raises some difficult issues as there appear to be gaps in the City's
Code—design criteria that need to be supplemented and curb cut provisions in the downtown area do not
reserve the authority provided by State law. He distributed and requested the Community Service
Committee consider interim zoning regulations and curb cut provisions.
Edmonds City Council Approved Minutes
February 4, 1997
Page 10
Councilmember Haakenson expressed concern with the ADB transcript. Mr. Snyder agreed the ADB
should be provided further training regarding establishment of a record.
8. MAYOR
Mayor Fahey reported there is relief assistance through FEMA for individuals who are on a limited
income and unable to make repairs to their structures, including short term funds to make repairs to
allow occupancy. In addition, there are small business loans available at reduced interest rates for small
business to repair damage and allow them to reopen their businesses. She stressed applicants cannot
qualify if they do not apply and the claim forms must be returned before a claim can be processed. She
encouraged any individuals or small businesses who believe they may have a claim, to contact City
offices for further information.
9. COUNCIL
Councilmember Earling advised it was his intent to complete the retreat agenda by Thursday. He
described the timeline for selecting Councilmember Petruzzi's replacement—deadline for receipt of
CounVaca cY applications is the close of business on February 6 (mail postmarked February 6, 1997 will also be
Time Line accepted), applications will be included in the Council packet on February 7, interviews will be held on
February 17, and a decision made at the Council meeting on February 18 so the appointed
Councilmember may attend the Council retreat. To date, 15 applications have been picked up.
Council President Earling thanked Councilmember Petruzzi for his dedication to the City and said it has
been an on-going honor to work with him. He noted although they did not always agree on issues,
Councilmember Petruzzi was always willing to debate an issue and was well reasoned in the
decision-making process.
Councilmember Van Hollebeke echoed Council President Earling's comments regarding Councilmember
Petruzzi. He pointed out Councilmember Petruzzi was always well prepared for all Council meetings
and thanked him for the lessons he's taught and said he will be greatly missed.
RECONSIDERATION OF PROPOSED CHANGES TO 3 -HOUR PARKING
Councilmember Haakenson recalled the earlier decision separated three of the 3 -hour parking issues
from the fourth issue. He noted his understanding was the existing 3 -hour parking zones were in effect
24 hours a day, 7 days a week but learned they are only in effect Monday through Friday. Engineering
Coordinator Gordy Hyde confirmed the 3 -hour parking restriction is only in effect Monday through
Friday.
Councilmember Haakenson pointed out the Port's main concern was on -street parking being used by
commuters and it may be a disservice to the Port if weekends are not included in the 3 -hour parking
restriction. Therefore, he requested reconsideration of that portion of the ordinance by the Council at a
later date.
City Attorney Scott Snyder advised any member who voted on the prevailing side may make a motion
for reconsideration. If the motion is approved, a hearing on the reconsideration would be set for a later
date and the public notified.
Edmonds City Council Approved Minutes
February 4, 1997
Page 11
COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER PETRUZZI,
FOR RECONSIDERATION OF THE MOTION REGARDING PARKING RESTRICTIONS ON
ADMIRAL WAY.
Councilmember Myers supported Councilmember Haakenson's intent but noted reconsideration would
delay the effective date of the ordinance. Mr. Snyder advised the Council's motion directed him to draft
an ordinance which would be considered by the Council in two weeks. If the motion to reconsider
passed, he would bring back separate ordinances enacting the first three areas in the motion and another
ordinance which can be considered at the hearing.
Council President Earling recommended the hearing be rescheduled for February 18. Mr. Snyder
advised formal publication is not required.
MOTION CARRIED.
Noting tonight is Councilmember Petruzzi's last meeting serving as a Councilmember, Councilmember
Haakenson thanked Councilmember Petruzzi for his service to the Council and the assistance he has
provided over the last year, and wished him luck.
to Council
Councilmember Myers complimented Council President Earling for his involvement with Community
Transit and announced Council President Earling was recently elected secretary of the CT Board. He
also thanked Councilmember Petruzzi for being an excellent mentor.
Councilmember Nordquist wished Councilmember Petruzzi luck. Further, he recalled Council President
Earling's earlier comments regarding parking in downtown and asked if consideration had been given to
providing parking for ferry employees this summer. Community Services Director Paul Mar advised the
lot for ferry employees was closed last fall; a proposed agreement between Washington State Department
of Transportation (WSDOT) and the City of Edmonds for the lot has been reviewed by the City Attorney.
The agreement requires the City to pay a lease to WSDOT; therefore, negotiations are continuing to
eliminate or minimize the lease.
Councilmember White commented it has been a pleasure working with Councilmember Petruzzi.
Mayor Fahey said she, too, will miss Councilmember Petruzzi.
Councilmember Petruzzi thanked staff for the great job they do for the community, acknowledging the
City has the smallest staff per citizen in the surrounding area. He thanked Recorder Jeannie Dines, City
Clerk Sandy Chase and City Attorney Scott Snyder for their assistance. He noted he has particularly
enjoyed the last 13 months on the Council and thanked Councilmembers for being a part of his life on the
Council.
Student Representative Robbie Cuningham echoed the Council's comments regarding Councilmember
Petruzzi, congratulated him, and wished him luck in the future.
With no further business, the meeting was adjourned at 9:45 p.m.
BARBARA S. FAHEY, MAYOR
SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
February 4, 1997
Page 12
AGENDA
Ld ft.L_ �_
EDMONDS CITY COUNCIL
Plaza Meeting Room - Library Building
650 Main Street
7:00 -10:00 p.m.
FEBRUARY 4, 1997
CALL TO ORDER - 7:00 P.M.
FLAG SALUTE
1. APPROVAL OF AGENDA
2. CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF JANUARY 28, 1997
(C) APPROVAL OF CLAIM WARRANTS #12241 THRU #15369 FOR THE WEEK OF JANUARY 27, 1997, IN THE
AMOUNT OF $330,555.89
(D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM DOUGLAS H. GRIER, M.D. ($100,000), AND
GEORGE J. AND DOROTHY G. MATUSKA ($2,329.33)
(E) APPROVAL OF 1997 TAXI LICENSE RENEWAL FOR NORTH END TAXI
(F) APPROVAL OF 1997 TAXI LICENSE RENEWAL FOR CHECKER CAB COMPANY, INC.
(G) APPROVAL OF MILEAGE REIMBURSEMENT RATE INCREASE IN ACCORDANCE WITH IRS
REGULATIONS AND CITY RESOLUTION NO. 583
(H) REPORT ON BIDS OPENED JANUARY 28, 1997, FOR THE CONSTRUCTION OF THE BRACKETT'S
LANDING SOUTH PARK AND AWARD OF CONTRACT TO DARIOTIS CONSTRUCTION ($311,245.13,
INCLUDING SALES TAX)
(1) REPORT ON BIDS OPENED JANUARY 28, 1997, FOR THE WASTEWATER TREATMENT PLANT HVAC
IMPROVEMENTS PROJECT AND AWARD OF CONTRACT TO MAGNOLIA CONTRACTORS, INC.
($58,604.37, INCLUDING SALES TAX)
(J) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES AGREEMENT WITH PERTEET
ENGINEERING, INC. FOR TRAFFIC IMPACT ANALYSIS FOR THE PUBLIC SAFETY COMPLEX
3. AUDIENCE (3 minute limit per person)
4. (30 Min.) CONTINUED HEARING ON PROPOSED CHANGES TO 3 -HOUR PARKING AND EMPLOYEE PARKING
PERMIT ZONES (Continued from 11/4/96)
5. (15 Min.) HEARING ON PROPOSAL TO EXTEND NO RE -PARKING ON SAME 100 BLOCK PILOT PROGRAM
BEYOND FEBRUARY 15, 1997
6. (5 Min.) APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING FILE NO. V-96-119, TO DENY THE
REQUEST FOR A HEIGHT VARIANCE OF APPROXIMATELY 12 -FEET TO ALLOW THE CONSTRUCTION
OF A NEW SINGLE-FAMILY RESIDENCE WITH A MAXIMUM HEIGHT OF 37 -FEET ABOVE AVERAGE
GRADE. THE SUBJECT PROPERTY IS LOCATED AT 16008 75TH PLACE WEST AND IS ZONED RS -12.
(Appellant/Applicant: Dr. Al Ansari and Dr. Batoul Modarress / File No. AP -96-144)
"Note: This Appeal is being withdrawn. This item remains on the Agenda because notices have been published
and mailed.
CITY COUNCIL MEETING AGENDA
FEBRUARY 4, 1997
PAGE 2
7. (40 Min.) APPEAL OF THE DECISION BY THE ARCHITECTURAL DESIGN BOARD TO DENY THE APPLICATIO
FILED UNDER FILE NO. ADB -96-131 TO CONSTRUCT TWO ADDITIONAL PARKING SPACES IN FRONT
OF THE BUILDING LOCATED AT 126 4TH AVENUE NORTH. (Appel lant/Applicant: Marvin Smith / File
No. AP -96-148)
8. (5 Min.) MAYOR
9. (15 Min.) COUNCIL
1
Parking and meeting rooms are accessible for persons with disabilities.
Contact the City Clerk at 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.