06/21/1994 City CouncilTHESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
EDMONDS CITY COUNCIL APPROVED MINUTES
NNE 219 1994
The meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor
Laura Hall in the Library Plaza Room, 650 Main Street. The meeting was preceded by a
flag salute.
ELECTED OFFICIALS
Laura Hall, Mayor
John Nordquist, Council President
Steve Dwyer, Councilmember
Michael Hall, Councilmember
William J. Kasper, Councilmember
Dave Earling, Councilmember
Barbara Fahey, Councilmember
Tom Petruzzi, Councilmember
STAFF
Paul Mar, Community Services Director
Tom Miller, Police Chief
Jeff Wilson, Planning Supervisor
Noel Miller, Public Works Supt.
Jim Walker, Asst. City Engineer
Gordy Hyde, Engineering Coordinator
Sandy Chase, Deputy City Clerk
Barb Mehlert, Recorder
Scott Snyder, City Attorney
Item 6 on the Agenda was rescheduled to the July 5, 1994 City Council Meeting:
HEARING ON APPEAL OF THE HEARING EXAMINER'S DECISION TO
00�; DENY A REQUEST FOR AN AUTO REPAIR HOME OCCUPATION
SUBMITTED UNDER FILE NO. CUH-94-11 (APPELLANT; JOHN
RYASONIFILE NO. AP-94-95)
Mayor Hall announced Mr. Ryason contacted the City Clerk's Office notifying her that
he was ill and unable to attend the meeting tonight. Mr. Ryason also relayed the message
to Jeff Wilson, Planning Manager. As there were members of the audience present to
speak to the issue, the Council decided to continue the hearing to July 5 so that the Mr.
Ryason and the public could speak to the issue.
r� COUNCII.MEi�IBER PETRUZZI �VIOVED, SECONDED BY
CUUNirNEEMBEI2 FABLING, TQ CONTINUE TIIS TO THE JI7LY 5, 1994
.:...........:
CITY COUNCI MEET::.::.>:: CC .. — - T.........ARRIE >:;:> < :::>::»::;:;.:<::.;::: ;::.:::::::; :>:.:::::
APPROVAL OF THE AGENDA
EDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 1
THESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
CONSENT AGENDA
Item (B), (E), (I), and (J) were removed from the Consent Agenda.
(B) ROLL CALL
00— (C) APPROVAL OF CLAIM WARRANTS NUMBERS 942869 THRU
C S 943177 IN THE AMOUNT OF $152667.66 AND WARRANTS
Lj�
0.44
FOR WEEKS OF MBERS 7JUNE 6 ANDOJUNE 13 IN 3I 1 94 AND APPOF ROVAL OF
PAYROLL WARRANTS 942666 THRUM, 94202 IN THE AMOUNT
OF $366,190.16 FOR THE PERIOD OF JUNE 1 THROUGH JUNE 15,
1994
w.. �(D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM
C�0' ro-w ALL SON (HAEL $1 5I00)HGR G A. LUCASS ($175 OO�AND JOE,SOUCY
($170.00)
(E) REPORT ON BIDS OPENED JUNE 14 1994 FOR THE CITY PARK
S MAINTENANCE BUILDING REROOf PROJECT AND AWARD OF
i CONTRACT TO LIBBY FREDRICKS, INC. ($7,995.98 INCLUDING
SALES TAX)
(F) REPORT ON BIDS OPENED JUNE 14, 1994, FOR THE 1994 STREET
SURFACE TREATMENT PROGRAM AND AWARD OF CONTRACT
TO CITY TRANSFER, INC. ($23,780.00 EXCLUDING SALES TAX)
(G) APPROVAL PROJECT AND APPROPRIATION OF FUNDS
CONSTRUCTION
(H) AUTHORIZATION TO CALL FOR BIDS FOR THE 1994 STREET
OVERLAY PROGRAM
Y ` � c�d.k (K) ORDINANCE 2985 EXTENDING THE SUNSET CLAUSE
CURRENTLY EXPIRING ON JULY 1 1994 ON INTERIM CRITICAL
C a S AREAS ORDINANCE TO DECEMBEk 31, f 994
(L) ACCEPTANCE OF A PEDESTRIAN/UTILITY EASEMENT FROM
JOSEPH RESPONTE DIANE RESPONTE AND VINCE RESPONTE
AT 21200 72ND AVENUE WEST
_(B) APPROVAL OF MINUTES OF JUNE 7, 1994 AND JUNE 14, 1994
EDMONDS CITY COUNCIL APPROVED MINUTES
DUNE 21, 1994
PAGE 2
THESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
APPROVAL OF THE MINUTES OF JUNE 7. 1994 tem (B) on the Consent
A gnda .
There were three requested- corrections to the Draft Minutes of June 7: Two separate
forequests from Councilmember Petruzzi and Kasper and a correction requested by
Community Services Director Paul Mar. Mr. Mar's memo included a request that
i �lµl testimony from Paul Green, Assistant Secretary, WSDOT, Marine Transportation
/�, Division, be corrected to show Mr. Green's intent based on subsequent conversation with
Mr. Green. Councilmember Earling said the draft minutes as written portray what was
actually said by Mr. Green and suggested Mr. Green write a memorandum to the Council
if he wishes to alter his testimony.
REPORT ON BIDS OPENED JUNE 14, 1994, FOR THE CITY PARK
MAINTENANCE BUILDING R_ EROOF PROJECT AND AWARD OF CONTRACT
o4 TO LIBBY FREDRICKS INC ($7,995 98 INCLUDING SALES TAB (Item E) on
�✓ the Consent Agenda
S ,
Councilmember Fahey said in the Parks and Recreation Open Space Plan, there is a
notation that according to the Master Plan, there is a possibility the Public Works Site
might be relocated to 2nd and Dayton upon completion of the facility at 212th.
Councilmember Fahey asked if this is correct. Councilmember Fahey said if this is
correct, questioned if it is appropriate to re -roof a building that might not be used in the
near future.
Arvilla Ohlde, Parks and Recreation Director, said in the City Park Master Plan, there
were more elements that talked about that structure as a site. Ms. Ohlde said the potential
was discussed if the function of grounds or building maintenance wasn't housed there, the
building could serve other community purposes. Ms. Ohlde said it was never discussed to
take the building away completely.
EDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 3
THESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
A UTHORIZATION TO SURPLUS AND CALL FOR BIDS TO SELL THE 1987 AID
Si�.✓P (�5 CAR AND SET MINIMUM BID OF 85,000. (Item (I) on the Consent Agenda
C Councilmember Kasper inquired on the basis of setting the minimum bid at $5,000.
Assistant Fire Chief Mike Springer said this is based on the history of what the vehicles
are going for as well as information found in trade magazines. Councilmember Kasper
inquired on the mileage, and Mr. Springer responded 31,600. Councilmember Kasper
said the last time the City went through this similar process, the City didn't get anywhere
near $5,000. Councilmember Kasper said it seems to him it should just be sent to the
auction. Mr. Springer said he would first like to try the bid process and if a fair market
value is not received, the auction is always an option. Councilmember Kasper said when
this process was used before, no one bid the vehicle, therefore a person from the auction
house negotiated and bought it, and then sold it at the auction making a profit
PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE SECTION
8.48.330 INCREASING THE FERRY PARKING LOT MONTHLY STALL RENTAL
FROM S20 to S35. (ITEM (J, j ON THE CONSENT AGENDA.
Councilmember Earling called the Council's attention to a letter from Natalie Shi am( ppen.
Councilmember Earling said Ms. Shippen expressed her views in support of the fees
being raised, however, asked that the City continue to support Transportation Demand
Management (TDM). Councilmember Earling said hopefully, the Council will continue
to support TDM and TSM.
A UDIENCE
Fred Bell, President of the South Snohomish Historical Society, said he was in the
audience the previous week when the Council passed the Ordinance regarding allowing a
—Mof" Summer Market to operate. Mr. Bell said, however, he was not given a copy of the
ordinance and does not agree with the fee structure. Mr. Bell said as it stands now, no
vendors will come as it is too expensive. Mr. Bell asked the Council to amend the fee
structure in the ordinance.
Scott Snyder, City Attorney, said Rhonda March, Clerk did quite a bit of research and
received copies of various fee ordinances from other cities who have this type of activity.
EDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 4
THESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
Mr. Snyder said Rhonda and Staff members chose the fee ordinance who was lowest,
which happened to be the City of Bellevue.
Councilmember Petruzzi said the whole intent when the Council reviewed the proposal
was for the Historical Society to have a successful market, not for the City to make
money. Councilmember Petruzzi said one of the reasons for the Council moving so
swiftly in approving the concept of the open market is so that the city can bring in new
business. Councilmember Petruzzi said the issue of a fee is not that important, and asked
Mr. Bell what he believed is fair.
This issue of the fee structure was discussed at length. Council discussed charging the
vendors $5.00 for an entire 12 week period, which would break down to .25 cents a week.
Mr. Bell said if the City charges $5.00 for a license fee, vendors will not show up because
they won't be able to make a profit.
Mayor Hall believes the $5.00 fee for a twelve week period is fair. Council agreed. Mr.
Bell said when the word gets around that Edmonds is charging $15.00 per space and
$5.00 for a license fee, they won't come.
City Attorney Scott Snyder said the only reason, from his perspective that you register
people and charge a fee is so a license can be revoked if you have a problem vendor.
� Dave Burris, 24855 Payton Valley Road, Poulsbo, spoke against Item (J) on the Consent
Agenda which raises the parking rates in the City. Mr. Burris said as a member of the
9 Parking Advisory Committee, he feels this action will negatively affect their work. Mr.
Burris asked if the money will be set aside to be used for managing and improving the
City's parking issues.
Paul Mar,_ Community Services Director, said the money will go into the General Fund,
however, it is the intention to earmark the money for parking improvements which
includes managing and improving the parking issues.
Doug Dewar, 121 5th Avenue North, asked the Council to look favorably on Item 9 on
the Agenda which asks for Council approval to transfer monies from the Council
o ( Contingency Fund for Police overtime during the Taste of Edmonds. Mr. Dewar thanked
Police Chief Miller for his involvement to date on the planning for the Taste.
Margaret Doyle, 2045 88th Avenue West, spoke to the Council regarding LID
Assessment 214. Ms. Doyle questioned why the work had to be done this year which
EDMONDS CITY COUNCIL APPROVED MINUTES
(J� JUNE 21, 1994
�� PAGE 5
THESE MINUTES APPROVED AT THE
JUKE 28, 1994 CITY COUNCIL MEETING
means that outside contractors will be performing the work versus City Staff. Ms. Doyle
said she is still waiting for a response from Council. Mayor Hall said at the last meeting,
she asked Ms. Doyle to contact her office which she did not do.
Jim Walker, Assistant City Engineer spoke to the issue and updated the Council and
Mayor regarding Ms. Doyle's concerns.
With no other member of the audience coming forward, Mayor Hall closed the audience
portion of the hearing.
HEARING ON SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND
PROPOSED RESOLUTION.
Gordy Hyde, Engineering Coordinator, provided the Staff report. RCW 35.77.010 and
J RCW 36.81.121 require that each city and county update its Transportation and
Improvement Program (TIP) by July 1 each year and file a copy of the adopted program
with the Department of Transportation.
Mr. Hyde reviewed the Six -Year TIP with the Mayor and City Council.
Public Testimony.
As no one was signed up to speak to this issue, Mayor Hall asked interested members of
the audience to come forward. As no one did, Mayor Hall closed the public portion of the
hearing.
Council discussion and Deliberation
Councilmember Petruzzi asked Paul Mar how he came up with $120 million for the
Multi -Modal Center. Mr. Mar said this is based on future dollars keeping in mind
escalation over the next ten years.
Councilmember Kasper questioned entries #4 and #6 on the TIP under "Pedestrian
Enhancement Projects", as whether these are park improvements and should come from
the 125 Fund.. It was noted by Mr. Hyde that these were on the TIP before he was
employed by the City. Mr. Hyde said action must have been taken by the Council at that
time to place them on there, and he did not feel comfortable taking them off for that
reason.
EDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 6
THESE MINUTES APPROVED AT THE
JOKE 28, 1994 CITY COUNCIL MEETING
HEARING ON RECOMMENDA TION OF HEARING EXAMINER ON AN APPEAL
��k� BY KEVIN HANCHETT OF CITY OF EDMONDS SEPA RESPONSIBLE
vol- �tKy OFFICL4L'S ENVIRONMENTAL DETERMINATION (MDNS-MITIGATED
�I, DETERMINATION OF NONSIGNIFICANCE) ISSUED TO CITY OE EOMONDS
FOR THE PROPOSAL SHORELINE SUBSTANTUL DEVELOPMENT PERMIT
5� FOR THE DEVELOPMENT OF THE `BRACKETT'S LANDING SOUTH PARK"
FILE NO. SM-93-1961: (APPELLANT. • KEVIN HANCHETT/FILE NO. AP-94-
2/APPELLEE; CITY OF EDMONDS PARKS AND RECREATION DIVISION.
THE HEARING EXAMINER HAS RECOMMENDED A LIMITED
ENVIRONMENTAL IMPACT STATEMENT (EIS) TO ADDRESS POTENTIAL
TRAFFIC IMPACTS.
Mayor Hall explained how the hearing will proceed as this is not the usual Quasi-judicial
hearing. Mayor Hall said because of this, all witnesses who wish to submit testimony,
must take an Oath . Because of the nature of the. hearing, Mayor Hall asked if any
member of the audience wished to challenge the participation of Mayor or
Councilmember. No challenges were voiced.
Councilmember Earling said one of the partners in the Waterfront Associates is a
residential building contractor, and has several properties listed with his real estate
company. Because of that business relationship and to avoid any appearance of fairness
issues, Councilmember Earling stepped down from the hearing and left Council
Chambers for the duration of the hearing.
A�* Councilmember Hall said he has a business relationship with one of the partners in the
hearing tonight. Councilmember Hall said his law firm represents one of the partners in
another matter. Councilmember Hall said he will step down from the hearing to avoid any
appearance of fairness issues. Councilmember Hall left Council Chambers for the
duration of the hearing.
Mayor Hall administered the oath to those audience members who wished to testify.
Staff Presentation
Jeff Wilson, Current Planning Supervisor, presented the staff report. Mr. Wilson provided
a history and summary statement. On December 7, 1993, the City of Edmonds SEPA
Responsible (which is Mr. Wilson) issued a Mitigated Determination of Nonsignificance
(MDNS) for the City of Edmonds Parks and Recreation Division application for a
Shoreline Substantial Development Permit (SDP) for improvements to the proposed
"Brackett's Landing South" park to be located at 100 Railroad Avenue. The proposed
shoreline Substantial Development Permit for the `Brackett's Landing South" park
involved development of a passive use park, including development of a bulkhead,
walkways, landscaping, turf, sand, picnic tables, trash receptacles, irrigation, and native
grasses and plants.
EDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 7
THESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
On January 7, 1994, and subsequent to the public hearing on the Shoreline Substantial
Development Permit, Kevin Hanchett filed an appeal of the environmental determination.
The Hearing Examiner was notified of this appeal, and suspended deliberations on the
parks and Recreation Division's SDP application until resolution of the appeal of the
MDNS.
On March 17, 1994, the Hearing Examiner held a public hearing on the appeal. On May
4, 1994, the Hearing Examiner issued his recommendation on the Hanchett appeal. In the
Hearing Examiner's recommendation to the City' Council, the Examiner recommended
that the City of Edmonds Parks and Recreation Division prepare "...a limited
environmental impact statement for the purpose of specifically addressing impact to the
environment caused by increased traffic and parking needs. Further the limited EIS will
specifically address what measures, if any, can be taken to reduce the impacts of traffic
and parking. No other environmental issues must be addressed in this limited EIS".
In summary, the appellant is seeking a traffic study addressing both anticipated vehicular
and pedestrian activity at the proposed park. The appellant believes the proposed street
frontage parking will be inadequate, and the general public will be more inclined to use
the parking lot at the Fish House Charlie's restaurant/office building which is located
immediately adjacent to the south.
City Attorney Scott Snyder reminded Councilmembers that the issue for them to decide
tonight is whether they believe there is a reasonable probability that the action will have
more than a moderate affect on the quality of the environment. Mr. Snyder said this is
not a review of the substanant elements or mitigation measures that will be attached to
any eventual permit or mitigation.
Testimony of the Appellant
Kevin Hanchett, introduced himself as one of the shareholders of Waterfront Park
Associates, Inc., who is the owner of the adjacent property of the proposed park. Mr.
Hanchett said Waterfront Park Associates is in support of a properly developed park at
the site that complies with all the applicable codes in Edmonds. Mr. Hanchett said right
now, the Waterfront Park Associates believes the park as proposed, does not comply with
all of the codes. Mr. Hanchett discussed two key areas that are of concern to Waterfront
Park Associates: Substantive Issues and Procedural Issues. Under Substantive Issues,
Mr. Hanchett said the existing parking that is in the adjacent areas of the proposed park is
clearly inadequate. Mr. Hanchett said the users of that park will end up parking in the
Fishhouse Charlies parking lot. Mr. Hanchett referenced a traffic consultant's report
which was submitted to the City. Mr. Hanchett said the parking, as proposed by the City
(i.e. Senior Center, Brackett's Landing, etc.) for the proposed park will not exist for the
proposed park as it is already full without the park even being opened. Mr. Hanchett said
there is also a concern the proposed park is in direct violation of the ECDC. Mr. Hanchett
said the park is a change of use. Mr. Hanchett said the City, because they obtained a grant
EDMONDS CITY COUNCIL APPROVED MINUTES
DUNE 21, 1994
PAGE 8
THESE MINUTES APPROVED AT THE
DUNE 28, 1994 CITY COUNCIL MEETING
to purchase the property, did not include a parking lot because the grant did not allow for
such a use.
Mr. Hanchett said he differs with what Staff has proposed with regards to what options
are available to Council. According to Mr. Hanchett, the Council has the option of
Adopting the Hearing Examiner's Recommendation or Remanding the Issue.
Testimonv of the Applicant
Arvilla Ohlde, Parks and Recreation Manager, said the development of the park is for
passive and recreational use and is part of a linear waterfront park system. Ms. Ohlde said
the park plan development is consistent with the Shoreline Master Program which calls
for "the conservation and preservation of non renewable shoreline resources". Ms. Ohlde
said the park will provide increased public recreational use through the provision of
pedestrian access trails, shoreline walkways, adjacent bike routes and public transit, all of
which support public policy and discourages increased vehicular traffic along the
shoreline.
Ms. Ohlde said there are ways to accommodate additional trips without the creation of
additional parking. Ms. Ohlde said the IAC Grant application regarding the Anderson
Marine site acquisition project, siting plan consistency with the Edmonds Community
Code, the Snohomish County Parks and Recreation Open space Plan, the Assessment
Policy of 1990-1995 from the IAC State Comprehensive Outdoor Recreation Plan.
Testimony of the Public
Mark McNaughten, 1119 Daley Place Edmonds, said he against the proposed park
because of the parking issues. Mr. McNaughten said he knows for a fact that people will
park in the FishHouse Charlies parking lot, which will result in no parking for tenants and
customers of that building.
Continued testimony of the appellant
Kevin Hanchett, appellant, said there is no connecting trail from the primary location for
parking to this park. Mr. Hanchett said he believes the categorization of this as a passive
park is erroneous and should be considered a beach park.
Council discussion and deliberation
Councilmember Petruzzi asked if consideration was given to the amount of traffic that
entered the previous business (Anderson Marina). Mr. Hanchett said no because there
was ample room on -site for customers to park. Ms. Hanchett said 90% of the property
was paved for parking.
Councilmember Petruzzi said if proper signage was placed at Fish House Charlies, there
would not be a problem with parking violators. Councilmember Petruzzi said signage of
EDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 9
THESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
this type has been successfully implemented downtown Seattle. Mr. Hanchett disagreed
this would work.
The City Council discussed what options they could utilize. Mr. Snyder referenced a
letter from the Hearing Examiner, which was entered into the record. The letter stated the
Hearing Examiner's decision is advisory to the City Council and the City Council can
reverse, uphold or modify the decision of the Hearing Examiner.
Mayor Hall said she is chagrined at the amount of -.time spent on this issue. Mayor Hall
said the City in the past has been more than willing to sit down and mitigate this issue.
Mayor Hall proceeded to give her views on this subject. Mayor Hall offered once again,
to mitigate the issue. Mr. Hanchett said he has offered this in the past with no success.
Mr. Hanchett said he would once again accept the city's offer to mitigate the issue.
As City Attorney Scott Snyder asked for an Executive Session, the Mayor and City
Council recessed to an Executive Session at 9:00 p.m. At 9:10 p.m., the Mayor and City
Council reconvened in Council Chambers.
Councilmember Petruzzi said as Mr. Snyder stated, the test of the Council is "is there a
reasonable probability of more than a moderate impact on the quality of the
environment". Councilmember Petruzzi said in the evidence that was before the Hearing
Examiner, the City has a rather wide variance - from 3-44 trips and then into another
category which is 145 - 350. Councilmember Petruzzi said this is a large discrepancy.
HEARING ON APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY
A REQUEST FOR AN AUTO REPAIR/HOME OCCUPATION SUBMITTED
UNDER FILE NO. CUH094-11(APPELLANT. JOHN R YASON/FILE 94-95)
By action of the Council at the beginning of the meeting, this issue was rescheduled to
July 5.
HEARING OF APPEAL OF A DENL4L OF A CONDITIONAL USE FOR A
TEMPORARY PARKING LOT AT 7521 212TH ST. S. W.
(APPLICANT/APPELLANT: LOVELL-SAUERLAND ASSOCIATES FOR CLAY
ENTERPRISES/FILE NOS. CU-94-28 and AP-94-108
Jeff Wilson, Current Planner, provided the Staff Report.
On May 19, 1994, the appellant filed an appeal of the Hearing Examiner's decision to
deny his requested Conditional Use Permit for a "temporary" parking lot to be located at
7521 212th Street Southwest. On April 21, 1994, the Hearing Examiner held a public
EDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 10
THESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
hearing on the appellant's/applicant's request for a Conditional Use Permit. The
application for the permit was brought about in response to a code enforcement action.
At the hearing on April 21, 1994, the staff presented its report on the proposed permit.
On May 17, 1994, the Hearing Examiner issued his decision to deny the requested
Conditional Use Permit application for reasons cited in his conclusions (contained in
Exhibit 5 of the Agenda Packet)
It was the recommendation of Staff to uphold the Hearing Examiner's decision to deny
the Conditional Use Permit requested, thus denying this appeal.
TestimonVof'the Applicant
Jim Miller, Land Planning Consultant and representative for the applicant distributed
several items to the Council:
1. Information relating to fire apparatus access roads
2. Minimum parking lot requirements
3. Table of street standards
4. Code Section 21.90.090 - highlighting 21.90.120
5. Information regarding Local Roads and Streets
These were marked exhibits 1 through 5 by Deputy City Clerk Sandy Chase.
In his testimony, Mr. Miller said the driveway has been in use for many years without
any accidents or mishaps. The existing driveway was proposed to be upgraded according
to the site plan to conform to the requirements of the Uniform Fire code and accepted
traffic engineering standards for a driveway. The proposed driveway upgrade is
consistent with many existing driveway conditions within the City that have not
experienced unusual accident histories or present a safety hazard.
Ms. Miller said the parking lot serves many people and to take it away would cause a
hardship on all parties involved.
Public Testimony
Steve Guthrie, 4529 152nd Lane, Bellevue, is owner of Summit Car Wash which is
immediately adjacent to the parking lot. Mr. Guthrie spoke in favor of allowing the use
to remain in effect. Mr. Guthrie said it causes no problems.
Kathy Noyes, resident of Bothell, said she works at Mykut Real Estate School which uses
a great deal of the parking lot for students. Ms. Noyes said without the parking, the
School would have to relocate which would cause a hardship to the school since they
have been in that location for several years now.
EDMONDS CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 11
THESE MINUTES APPROVED AT THE
DUNE 28, 1994 CITY COUNCIL MEETING
Calvin Schnell, resident adjacent to the parking lot, spoke in favor of keeping the use as
is. Mr. Schnell said there is virtually no traffic problems as a result of this.
Continued testirnonV of the Appellant
Mr. Miller said the applicant is in the process of purchasing the property . Mr. Miller said
it is crucial that the temporary parking be available at least long enough to look at the
tenant mix and see if some kind of balancing can't go on that can accommodate the
parking. Mr. Miller said for this reason, this is why they are asking for a temporary use,
not a permanent parking lot.
With no other person wishing to testify, Mayor Hall closed the audience portion of the
hearing.
Jim Walker, Assistant City Engineer, briefed the City Council on how the Staff typically
applies driveway standards.
Council discussion and deliberation
Councilmember Petruzzi said one of the most compelling things in his mind is that if the
City denies the conditional use, you are denying the use of the property. Councilmember
Petruzzi said there are ambiguities in the Code and said he believes the use poses no
safety hazards.
Council President Nordquist said he has seen no written information pertaining to a
drainage plan and said he would like that included when appropriate.
REVIEW OF NEW MODEL TRAFFIC ORDINANCE AND 1994 LEGISLATIVE
AMENDMENTS AND ADOPTION OF ORDINANCE
p�a City Attorney Scott Snyder said the ordinance before the Mayor and City Council is
required pursuant to action by the State Legislature this year. Mr. Snyder said this model
.�,(P-k traffic ordinance contains substantial amendments in the DWI Laws. Mr. Snyder said
this will no doubt, result in a larger case load for the City's prosecutor. Mr. Snyder said
the City adopts model traffic ordinances and other state requirements so that offenses
may be handed through the city's municipal court structure.
Mr. Snyder said as the City adopts this, it will have budget impacts in 1995.
EDMONDS CITY COUNCIL APPROVED MINUTES
DUNE 21, 1994
PAGE 12
THESE MINUTES APPROVED AT THE
JIINE 28, 1994 CITY COUNCIL MEETING
Councilmember Kasper said he was told today by Staff that the City is allowed to charge
for items such as monitoring of the DWI's. Mr. Snyder said this is correct.
AUTHORIZATION to transfer monies from council contingences fund for Police
overtime during the taste of edmonds ($3500)
Police Chief Tom Miller presented the Staff report.
a' Chief Miller said the Edmonds Police Department approached the Chamber this year and
c X 1J�9w discussed using only Edmonds Police Officers on an overtime basis to staff the event,
L including foot and bicycle patrols as well as the beer garden. This resolves the problems
of industrial accidents and liability coverage for any enforcement actions taken.
Anticipated overtime costs for this event are $3,500, which was not previously budgeted.
The Chamber has budgeted $1,600 for this, but would prefer the City underwrite total
costs as they are operating on limited funds.
Council discussion and deliberation
Councilmember Kasper confirmed the $3,500 would take care of policing the entire
event. Chief Miller said yes. Councilmember Kasper said he believes having a match
would be better, having the Chamber and the City match 50/50 basis. Councilmember
Kasper said the City does have other functions and if the City starts funding all of these,
it would result in adverse budgetary impacts. Councilmember Kasper doesn't believe the
City should be getting into this at this time. Councilmember Kasper said the City's
policemen are not willing to work on standard time - they want time and a half policing
the beer garden.
AUTHORIZATION FOR CITY OF EDMONDS PUBLIC WORKS TO EXPEND
$4,500 for city share of 226TH STREET S. W. RESURFACING PROJECT WITH
THE TOWN OF WOORWAY
Noel Miller, Public Works Superintendent, briefed the Mayor and Council on this
subject.
CITY COUNCIL APPROVED MINUTES
JUNE 21, 1994
PAGE 13
THESE MINUTES APPROVED AT THE
JUNE 28, 1994 CITY COUNCIL MEETING
cow
V�40
As a procedural matter, COUNCIL PRESIDENT NORDQUIST MOVED,.
SECONDED BY COUNCILMEMBER EARLING, TO EXTEND, THE MEETING
FOR 3-1/2 MINUTES. MOTION CARRIED.
Scott Snyder, City Attorney, asked the Council for their waiver of the technical conflict
regarding the Postima case.
MA YOR
Mayor Hall referenced a resolution from Mill Creek in which they have asked the City to
support. Mayor Hall reported on the AWC Conference, Arts Festival, and her letter to
Don Stay, Port Commissioner.
COUNCIL
Is
Councilmember Dwyer said he will have a written memorandum to Council concerning
the recent AWC Convention.
Councilmember Hall thanked Edmonds Community College for taping the meeting and
invited viewers to contact City Hall with any comments.
Councilmember Fahey reported on recent developments concerning Hotel/Motel tax.
With no further business before the Mayor or City Council, Mayor Hall adjourned the
meeting at 10:15 p.m.
EDMONDS CITY COUNCIL APPROVED MINUTES
1994
14
AGENDA
EDMONDS CITY COUNCIL
3 PLAZA MEETING ROOM - LIBRARY BUILDING
7:00 - 10:00 p.m.
JUNE 21, 1994
CALL TO ORDER - 7:00 P.M.
FLAG SALUTE
1. APPROVAL OF AGENDA
2. CONSENT AGENDA ITEMS
(A) ROLL CALL
(B) APPROVAL OF MINUTES OF JUNE 7, 1994 AND JUNE 14, 1994
(C) APPROVAL OF CLAIM WARRANTS FOR WEEKS OF JUNE 6 AND JUNE 13, 1994, AND APPROVAL
.OF PAYROLL WARRANTS FOR THE PERIOD OF JUNE 1 THROUGH JUNE 15, 1994
(D) ACKNOWLEDGE RECEIPT
°DAMAGES ! 1
BETT KUHN ($ 75.0)STEE ALSON ($ 75.GREG A. UCAS ($ 7500)AND JO SOUCY
($170.00)
(E) REPORT REROOF ON BIDS PROJ CT OPENED
AWARD 1 OF 1 CONTRACT THE
TOCITY
IBBYPARK
FREDR CKS,MAINTENANCE
BUILDING
INC.NC. ($7,995 98
INCLUDING SALES TAX)
(F) REPORT ON BIDS OPENED JUNE 14, 1994, FOR THE 1994 STREET SURFACE TREATMENT PROGRAM
AND AWARD OF CONTRACT TO CITY TRANSFER, INC. ($23,780.00 EXCLUDING SALES TAX)
(G) APPROVAL OF UNION OIL MARSH WALKWAY CONSTRUCTION PROJECT AND APPROPRIATION
OF FUNDS
(H) AUTHORIZATION TO CALL FOR BIDS FOR THE 1994 STREET OVERLAY PROGRAM
(1) AUTHORIZATION TO SURPLUS AND CALL FOR BIDS TO SELL THE 1987 AID CAR AND SET
MINIMUM BID OF $5,000
(J) THEOFERR POSED PARKING LOT MONTHLORDINANCE Y STALING
LR NNAL FROM $ OTO DS CITY CODE $35TION 8.48.330 INCREASING
(K) PROPOSED ORDINANCE EXTENDING THE SUNSET CLAUSE CURRENTLY EXPIRING ON JULY 1,
1994, ON INTERIM CRITICAL AREAS ORDINANCE TO DECEMBER 31, 1994
(L) ACCEPTANCE OF A PEDESTRIAN/UTILITY EASEMENT FROM JOSEPH RESPONTE, DIANE RESPONTE
AND VINCE RESPONTE AT 21200 72ND AVENUE WEST
3. AUDIENCE
4. (15 Min.) HEARING ON SIX -YEAR TRANSPORTATION IMPROVEMENT PROGRAM AND PROPOSED
RESOLUTION
- continued -
EDMONDS CITY COUNCIL AGENDA PAGE 2 JUNE 21, 1994
S. (45 Min.) HEARING ON RECOMMENDATION Of HEARING EXAMINER ON AN APPEAL BY KEVIN
HANCHETT OF CITY OF EDMONDS SEPA RESPONSIBLE OFFICIAL'S ENVIRONMENTAL
DETERMINATION (MDNS - MITIGATED DETERMINATION OF NONSIGNIFICANCE) ISSUED TO CITY
OF EDMONDS FOR THE PROPOSED SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT FOR THE
DEVELOPMENT OF THE "BRACKETT'S LANDING SOUTH PARK" (FILE NO. SM-93-196);
(APPELLANT: KEVIN HANCHETT / FILE NO. AP-94-2 / APPELLEE: CITY OF EDMONDS PARKS &
RECREATION DIVISION). THE HEARING EXAMINER HAS RECOMMENDED A LIMITED
ENVIRONMENTAL IMPACT STATEMENT (EIS) TO ADDRESS POTENTIAL TRAFFIC IMPACTS.
6. (15 Min.) HEARING ON APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY A REQUEST FOR AN
AUTO REPAIR HOME OCCUPATION SUBMITTED UNDER FILE NO. CUH-94-11 (APPELLANT: JOHN
RYASON / FILE NO. AP-94-95)
7. (20 Min.) HEARING ON APPEAL OF A DENIAL OF A CONDITIONAL USE FOR A TEMPORARY PARKING LOT
AT 7521 212TH ST. S.W. (APPLICANT/APPELLANT: LOVELL-SAUERLAND ASSOCIATES FOR CLAY
ENTERPRISES/FILE NOS. CU-94-28 AND AP-94-108)
8. (5 Min.) REVIEW OF NEW MODEL TRAFFIC ORDINANCE AND 1994 LEGISLATIVE AMENDMENTS AND
ADOPTION Of ORDINANCE
9. {5 Min.) AUTHORIZATION TO TRANSFER MONIES FROM COUNCIL CONTINGENCY FUND FOR POLICE
OVERTIME DURING THE TASTE OF EDMONDS ($3,500)
10. (5 Min.) AUTHORIZATION FOR CITY OF EDMONDS PUBLIC WORKS TO EXPEND $4,500 FOR CITY SHARE
OF 226TH STREET SW RESURf ACING PROJECT WITH THE TOWN OF WOODWAY
11. (5 Min.) MAYOR
12. (15 Min.) COUNCIL
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.