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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. Edmonds City Council Approved Minutes 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.