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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.