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07/05/1994 City CouncilTHESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. EDMONDS CITY COUNCIL APPROVED MINUTES JLTLY 59 1994 The City Council 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 APPROVAL OF THE AGENDA STAFF Paul Mar, Community Services Director Tom Miller, Police Chief Jeff Wilson, Planning Supervisor Bob Alberts, City Engineer. Mike Springer, Asst. Fire chief Brent Hunter, Personnel Manager Rhonda March, City Clerk Barb Mehlert, Recorder Scott Snyder, City Attorney Mayor Hall referenced Agenda Item #5 on the Agenda. Mayor Hall noted the appellant on this issue has sent a letter to the Mayor and Council dated July 5th asking that his appeal be dropped. COUNCIL , E1 ER DWYER 1VIOVED, SECONDED BY COUNCEL PRESIDENT NORDQUIS`P:::1 :ACCEPT THE LETTER FROM THE API'ELLAirTT REQUESTING THE APPEAL BE DROPPED, AND TO APPROVE THEAGENDA, DELETING ITEM . #5 ON THE AGENDA. MOTION CARRIED CONSENT AGENDA Item (F) was pulled by Councilmember Earling and Councilmember Hall. (A) ROLL CALL �,.,te5 (B) APPROVAL OF MINUTES OF JUNE 28, 1994 - ini� VOL P> (C) APPROVAL OF CLAIMS WARRANTS # 941024 THRU 59433250 IN THE S AMOUNT OF $316778.44 FOR THE WEEK OF JUNE 27, 1994 City CouncilAp proved Minutes July 5, 1994 Page 1 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. (D) AWARD OF CONTRACT FOR 72ND AVE. W. AND 210TH ST. S.W. STREET IMPROVEMENTS TO SMD, INC. ($223,184.20 EXCLUDING SALES TAX) (E) RESOLUTION NO. 795 IN RECOGNITION OF RHONDA MARCH FOR 30 YEARS OF SERVICE TO THE CITY OF EDMONDS L y (G) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE 0 IVA HEARING HELD ON JUNE 21, 1994 ON AN APPEAL OF A DENIAL OF A 100 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 (H) ORDINANCE 2989AMENDING EDMONDS CITY CODE SECTION 5.40.020(C) TO ADOPT IN TOTAL THE STATE STATUTE REGARDING OBSTRUCTING A cod � d PUBLIC SERVANT �Ofi Discussion on Consent Agenda Item removed APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE HEARING HELD ON JUNE 21. 1994 ON AN APPEAL BY KEVIN HANCHETT OF CITY OF EDMONDS SEPA RESPONSIBLE OFFICIAL'S ENVRIONMENTAL DETERMINATION (MDNS -MITIGATED DETERMINATION OF NONSIGNIFICANCE) ISSUED TO CITY OF EDMONDS FOR THE PROPOSED SHORELINE SUBSTANTIAL DEVELOPMENT PERMI FOR THE DEVELOPMENT OF THE `BRACKETT'S LANDING SOUTH PARK" (FILE NO. SM-93-196). (APPELLANT: KEVIN HANCHETT/FILENO. AP-94-2/APPELLEE: CITY OF EDMONDS PARKS AND RECREATION DIVISION) Councilmember Earling and Councilmember Hall said they would both abstain as they did not participate in the hearing relating to this matter, and both were absent from Council Chambers for the duration of the hearing. (Both did not participate in the hearing due to possible fairness of appearance issues - see council minutes of June 28th for more information) AUDIENCE Ray Albano, 20916 76th Ave. West, addressed the following issues: Speeding issues on 76th . Mr. Albano said 76th should be expanded to four lanes. Mr. J Albano said 9th Avenue should be designated an arterial street.. Ms. Albano suggested COy,(jQ/� Council go with the Arterial Fund on 220th and approach the State to receive UAV funds to be used on 220th, which would pay for 90% of the street improvements. • Architectural Design Board issues. Mr. Albano said the ordinance that created the ADB gave them to much leeway and said the ordinance should be revised. City CouncilApproved Minutes July 5, 1994 Page 2 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. Mel Critchley, resident of Edmonds, addressed the Council on train speed issues. Mr. Critchley said after much work and perseverance, he received a copy of logged in train accidents which occurred in Washington State this last year. Mr. Critchley said the stack of paper is 2' 1/4 inches thick with train accidents, largely due to negligence and lack of training Mr. Critchley said he originally asked for copies of logged in train accidents for the entire United States, however, the paperwork would have reached 50' in height. Mr. Critchley urged the Council to keep this in mind when WSDOT comes before the Council in the near future. Mr. Critchley said the big concern, of which the City has no control is hazardous materials that trains will be carrying through the City. Mr. Critchley said there is an enormous health and safety problem with this issue. Councilmember Dwyer said if there is Council consensus, he would like the Council President to 1 schedule some time on an upcoming agenda for Mr. Critchley's `s group to address the Council on this issue. Councilmember Dwyer said the Council now receives information from Mr. �e>�U Critchley during the audience portion which only allows him three minutes, and feels the group should have more time on an agenda to address the Council. The Council was receptive to the idea, and Council President Nordquist said he would schedule this on an upcoming agenda. o' w4; `PRESENTATION OF RESOL UTIONAND PLAQUE TO RHONDA MARCH IN RECOGNITION OF 30 YEARS OF SER VICE TO THE CITY OF EDMONDS Mayor Hall read Resolution No. 795 in the record, which publicly thanked Rhonda March for her 30 years of service to the City of Edmonds. Mayor Hall said Rhonda March's thirty plus (30+) years of service is longer than any previous City employee. Ms. March was employed by the City in 1964, and has worked in many City Departments, beginning in the Building Department as a receptionist, then working in Administration, Engineering, Public Works, and Community Services Administration, and now as City Clerk. Mayor Hall thanked Ms. March for her outstanding public service to citizens and employees. The Mayor and City Council gave a standing ovation to Ms. March, thanking her. HEARING ONAPPEAL OF THE HEARING EXAMINER'S DECISION TO DENY REQUEST FOR ANAUTO REPAIR HOME 0 CC UPA TION S UBMITTED UNDER FILE NO. CUH-94-119 (APPELLANT, JOHN RYASON/file no. AP-94-95,) 6CONTINUED FROM THE MEETING OF JUNE 21,1994 As stated at the beginning of the meeting by Mayor Hall, this item was deleted as the Appellant sent a letter asking that his appeal be dropped. HEARING ONANAPPEAL OF THE HEARING EXAMINER'S DECISION TO 0VERTURNA STAFF INTERPRETA TION REGARDING COMBINATION OF "NONCONFORMING LOTS"AT 20710 82ND AVENUE WEST ONANAPPEAL FILED BY GAR YALSTONAND LARRY WAX UNDER FILE NO. AP-94-56 (APPELLANTS: DAN .AND JANIS MCLALY i'le NO. AP-94-106 Jeff Wilson, Planning Supervisor provided the staff report. Mr. Wilson displayed an overhead transparency showing the subject lot and surrounding properties. City CouncilApproved Minutes July 5, 1994 Page 3 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. The appellants (Dan & Janis McLain) have filed an appeal of the Hearing Examiner's decision to overturn a staff interpretation of ECDC Section 17.40.030.0 (Nonconforming Lots") and its application to the property located at 20710 82nd Ave West. The appellants are appealing the Hearing Examiner's decision based primarily on concerns for public safety in the area of the proposed development, 5 lots served by a small easement road (including the appellants' property and the Alston & Wax parcels). The appellants raise these concerns in light of the applicant's desire to develop a lot (Lot B) which is a legal nonconforming lot (a lot which does not comply with the minimum lot area requirements for the RS-8 zone. Mr. Wilson said the issue which began this series of events was initiated by the Planning Division's issuance of a letter of interpretation which informed the applicants that Lot B was not a buildable lot, as it was under common ownership with an adjacent lot, and therefore, pursuance to ECDC 17.40.030.C, the two lots are deemed to be combined to the extent necessary to bring the nonconforming lot into conformance with the minimum lot area requirements for the RS-8 zone. Mr. Wilson direction the Council to the Agenda Memo packet which contained extensive background on this issue. The recommended action from Staff is to consider the appeal of the Hearing Examiner's decision and the non -conforming lot provisions outlined by Staff. Councilmember Dwyer asked City Attorney Scott Snyder if the Council has to make findings beyond the ownership interest question. Mr. Snyder said basically, the question before the Council is the application of the staff s interpretation of the nonconforming lot provision of the code. Mr. Snyder advised the Council against issues of ownership and said there is no proposal before the Council to subdivide either property. Mr. Snyder said the sole issue is whether or not under the facts presented, to uphold the staff interpretation of non -conforming lot provisions. Councilmember Dwyer asked if anyone has the burden of proof. Mr. Snyder said the applicant, in this case, the original appellant retains the burden of persuasion through the process as this is a denovo hearing. Testimony of the Applicant Jeffrey Eustis, Attorney, spoke on behalf of his clients, Gary Alston and Larry Wax. Mr. Eustis referred to a letter distributed to Councilmembers that evening. This letter was marked Exhibit 1 by the City Clerk. The letter requested that the Hearing Examiner's decision be upheld and that the Planning Department be directed to issue a building permit for the lot in question. Mr. Eustis said there is no legal basis for the Council to reverse the Examiner's decision. Mr. Eustis said the McLains are concerned about the potential safety impacts of allowing a fourth house on the private, 20 foot wide driveway that serves these residence. Mr. Eustis said although these lots were created before being annexed into the City in 1958, the private driveway still City CouncilApproved Minutes July 5, 1994 Page 4 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. meets City standards. Mr. Eustis said there safety issues, as described by McClains' simply do not exist. Mr. Eustis said the issue of whether the lot in question lies in common ownership with the property to the west is immaterial. By its terms, the common ownership provision in City Code only applies to situations where common parcels have remained in common ownership for all periods since the lots have been nonconforming. Mr. Eustis said the parcel in question has never been in common ownership with the property to the west. Mr. Eustis said to hold to the Planning Department's interpretation that this parcel is not developable on account of common ownership would needlessly expose the city to damages. To discriminate between properties on the basis of ownership has already been found to amount to a violation of equal protection principles. Mr. Eustis cited a case "Grader v. Lynnwood". Mr. Eustis displayed an enlarged copy of a boundary survey. This was marked Exhibit 2 by the City Clerk and routed to the Mayor and Council for their review. Mr. Eustis displayed an enlarged portion of City Code which addresses nonconforming lots. This was marked Exhibit 3 by the City Clerk and routed to City Council for their review. Mr. Eustis displayed photographs showing the lot in question and the driveway that serves the area. This.was marked Exhibit 3 by the City Clerk and routed to the City Council for their review. Testimony of the Appellant Janis McClain, 20704 82nd Ave. West, said although she and her husband prepared a statement which detailed their four concerns to the Hearing Examiner, he did not address any of these. Ms. McClain said she believes the if this project is allowed to be built, lives are in jeopardy and to ignore and not address this concern in the conclusion is doing a disservice to everyone who may use 82nd Ave. West or their private road. Ms. McClain asked that her concerns be reviewed by the City Council. It was noted there were two additional letters submitted to the Mayor and City Council this evening relating to this subject. They were assigned the following Exhibit numbers: Exhibit #5 Letter from Fred and Mary Hawley, dated July 4th, who supports the Hearing Examiner's decision; Exhibit #6 Letter from Michael and Sue Ann Poole, dated July 4th who also support the Hearing Examiner's decision. Doug Purcell, Attorney, representing two of the neighbors, Ketty Branwell and Roy Robinson, spoke on the issue. Mr. Purcell submitted a letter to the Mayor and City Council outlining what they believe is the legal issue. A copy of the letter was given to Mr. Eustis. Mr. Purcell said his clients are against building on the subject lot as they feel the lots are too small under the city's current zoning. Wilma Snyder, said this issue is very important to her as some of her property is involved in the proposal. Ms. Snyder said it is her hope that the proposed construction will be able to go forward, as it will financially assist her so she will be able to remain in her home. City CouncilApproved Minutes July 5, 1994 Page 5 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR DULY 26 MEETING. James Snyder, son of the previous speaker, spoke in favor of the proposed building. Mr. Snyder gave the City Clerk a picture of the subject property and said it will cause no adverse impact. Larry Wax, applicant spoke to the issue briefly. Jeff Wilson, Planning Manager, spoke to Exhibit 2 supplied by Mr. Eustis. Mr. Wilson said although he agrees with Mr. Eustis in that there was a very dramatic change in the language to the code, however, stated it was not the intent to the change the code, but to instead clarify the code language. Mr. Wilson said there were several public hearings and discussions held on this one particular subject. Mr. Wilson said prior to the code amendment, the City did not allow any development on legal nonconforming lots if they were under common ownership. Mr. Wilson said there is a very conscious effort on the part of the Council to still protect against development on substandard lots in the City, but also recognizing there was an opportunity to allow for some level of development if they met the sliding scale on the threshold, in this case 80% of the RS-8 zone. Council discussion and deliberation Councilmember Petruzzi referenced a purchase and sale agreement in council packet dated January 5, 1994 between Mr. Alston and Mr. Wax. Councilmember Petruzzi asked Mr. Wilson how soon thereafter that Mr. Wax and Mr. Alston came to the City asking about this particular lot. Mr. Wilson said original initial discussions were by John Bissell, and the earliest written correspondence is dated March 11, 1994. Scott Snyder, City Attorney, provided his remarks to the City Council.. Mr. Snyder said issues of safety are irrelevant to the current proceeding as there is no subdivision of lots, and code subdivision criteria is not being applied. Regarding Grader v. Lynnwood as cited by Mr. Eustis, Mr. Snyder said this was a case in which a building permit was denied on one lot due to a problem with an illegal condition on another lot. Both lots were owned by the same party, they were contiguous - Mr. Snyder said it was not an adjudication of non -conforming lot provisions. Regarding the definition of "since" in which Mr. Eustis has referred to, Mr. Snyder read three separate definitions for this word, as found in the Webster Dictionary: (1) "From a definite past, time, until now"; (2) Before the present time, and; (3) After a time had passed. It was noted by Mr. Snyder that Mr. Eustis is defining the word "since" according to the first definition and staff is defining the word consistent with definition (2) and (3). Mr. Eustis was asked if he would like additional time to respond to the materials presented. Mr. Eustis replied affirmatively. Councilmember Dwyer asked Mr. Eustis if between now and Thursday of next week would be sufficient time. Mr. Eustis replied affirmatively. Councilmember Dwyer said it is intent to liberalize the rules so as to give Mr. Eustis additional time to speak and an opportunity to present his case fairly. Councilmember Dwyer said it seems to him there is a good faith argument going on. Councilmember Dwyer suggested Mr. Eustis be given an additional 10 minutes so he does not feel he did not receive enough time to present his client's case. Councilmember Petruzzi agreed. City CouncilApproved Minutes July 5, 1994 Page 6 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. It was noted that the Motion also implies the appellants will receive 10 additional minutes for their testimony as well. HEARING ON PLANNING BOARD RECOMMENDTION TO DENYA REZONE AND A COMPREHENSIVE PLANAMENDMENT AT 4114THAVENUE SOUTH (APPLICANT, ROGER MONTGOMERY4EYe nos. R-94-26 AND CDC-94-27) Jeff Wilson, Planning Supervisor, provided the staff report. Mr. Wilson provided background information on this issue and displayed an overhead view foil showing the subject property and surrounding property. The applicant submitted concurrent applications to the Planning Division to amend the City's current Comprehensive Plan designation for the property from "Commercial" to "High Density Residential", and to rezone the subject property from RM-2.4 to RM-1.5. On May 11, 1994, the applicant's requests were presented to the Planning Board in a public hearing. After consideration o all the testimony, the Planning Board adopted recommendations to the City Council to deny the requested Comprehensive Plan amendment and concurrent rezone application. The primary reasoning for recommending denial of both of the requests is the inconsistent nature of both the existing Comprehensive Plan map and zoning for the subject property and its surrounding area. Furthermore, as the City is the latter stages of development of the revised comprehensive Plan, it was deemed inappropriate to revise the current Comprehensive Plan without the benefit of the thorough review and analysis which is currently taking place with the current comprehensive Plan amendment process. It is the recommendation of Staff to uphold the recommendations of the Planning Board and deny the applicant's request for a concurrent amendment to the Comprehensive Plan and a Rezone for the subject property. City Attorney Scott Snyder said part of the GMA process will be to eliminate some confusion in the future as to the Comprehensive Plan and Zoning Map. It was noted that by January 1, 1995 the Comprehensive Plan and Zoning Map must agree. At the present time, they do not. Testimony of the Apj2 icant Monty Montgomery, brother of the applicant said this process was started two years ago when it began with the Planning Board. Mr. Montgomery said people are more concerned with commercial versus building condominiums. Mr. Montgomery said it has been a long process and they have been very patient and has been told numerous times to wait until the City CouncilApproved Minutes July 5, 1994 Page THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. 4" Comprehensive Plan is completed. Mr. Montgomery said the property has been owned y the family for several years and requested the concurrent applicants be approved. Public Testimony Ray Albano, resident of Edmonds stated his support for the change in zoning and said GMA is going to require that the City take in more population, thus more housing is going to be needed. As there was no other member of the public wishing to speak on this subject, Mayor Hall closed the public portion of the meeting. Councilmember Wilson said this is a difficult issue as the zoning that will be in that area has not been ascertained yet. Mr. Wilson said this will take place during the GMA process which will be completed by January 1, 1995 when the City must abide by legislation by adopting a Comprehensive Plan. Mr. Wilson said other elements of the GMA state there must be more employment opportunities as well as provide more housing. Mr. Wilson said staff is in the process of studying the issue and said changing zoning in piece meal fashion would be difficult and staff would rather address it wholly. Council discussion and deliberation The City Council discussed the applicant's dilemma, and discussed the pros and cons of approving the concurrent applications. It was noted that by January 1, 1995 the Comprehensive Plan and Zoning Code must match. Councilmembers understood there exists a "hodge podge" of zoning in the area of the subject property, however felt it should be dealt with in the GMA process. COUNCILMEMBEWEAREING MOVED, SEC:ONDED DY COUNCILMEBER KASPER,; TO UPHOLD THE RECOMMENDATION OF. THE PLANNING BOARD AND DEN Y THE AP:I'LICANT'S REQ17EST MOTION CARRIED UPDA TE B Y COMMUNITY SER VICES DIRECTOR PA UL MAR REGARDING TRANSPOR TA TION ISSUES AND FUNDING FOR THE MULUVOML PROJECT Paul Mar updated the City Council on various aspects of funding for this project. Mr. Mar U,(k 1 summarized the activity for the month of June. 1�� a m� Mr. Mar said there are two funding amounts, namely the Federal 1993 CMAQ and STP(L) grants, that must be obligated by September 30, 1994. Mr. Mar requested that Council grant authorization for the Mayor to sign two supplements to WSDOT Local Agency Agreement LA2286 to obligate the two Federal 1993 grants awarded through the Puget Sound Regional Council competition, one for $178,000 and one for $222,000. Councilmember Kasper asked that meeting minutes from the Technical Advisory Committee, be given to the City Council in a more timely fashion. Mr. Mar agreed. City CouncilApproved Minutes July 5, 1994 Page 8 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. Councilmember Petruzzi asked if the Council is going to get a chance to look at the contract. Mr. Mar said this could be provided to Council. Councilmember Petruzzi said normally when the Council is asked to grant authorization to sign a document, a copy of that document is provided to the Council beforehand. Councilmember Petruzzi said he would like the Council to review the document prior to Mayor Hall's signature being added. Council concurred. DISCUSSION OF CITY OF MILL CREEK RESOL UTION OPPOSING THE SITING OF A REGIONAL AIRPORT. Mayor Hall said the Mayor of Mill Creek approached her asking for the City's support in this resolution. MAYOR Mayor Hall reported the 4th of July festivities went extremely well and the Fireworks Display drew record crowds. Mayor Hall thanked "Olsons" and city employees. Mayor Hall said the open house for police/fire drew a great many people. Police Chief Tom Miller said there were approximately 350 people who attended. Mayor Hall said Evening Magazine was in town filming for their TV show as Edmonds has once again been named "Most friendly City". COUNCIL Council President Nordquist discussed Ordinance #2722 which establishes Council President remuneration. Council President Nordquist said there has been some question as to what the 0a� Council President Pro-Tem receives when the Council President is absent. Council President rQ5 Nordquist read from the ordinance. Councilmember Kasper disagreed that the ordinance has been followed and it was asked that the City Council Assistant research the history of payments made to Council Presidents and to the pro-tem in the absence of the Council President. Council President Nordquist said he will place this on the agenda in two weeks when the Council Assistant finishes the research. City CouncilApproved Minutes July 5, 1994 Page 9 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING. Councilmember Hall said Carolyn Johnson, Director of the EVB has suggested, and he agrees, that a sign be place at the entrance to the City stating "Friendliest Town). Councilmember Hall said he has had a citizen come by his office regarding wheelchair ramps for the disabled which have been installed on 9th Avenue. It is reported that many of the ramps are inconsistent and provide hazardous conditions to the disabled who use them. Councilmember Kasper said he has noticed the same thing. Paul Mar said staff is aware of this issue and have talked to the same gentlemen. Mr. Mar said staff is looking into this to fix the problem Councilmember Kasper said 8th Avenue is very dangerous for people who are trying to cross. He has noticed mothers with small children experience difficult crossing as no one is stopping for them. Councilmember Kasper said speeding in the city is on the increase again . EXECUTIVE SESSION ON REAL ESTATE MATTER. r- At 9:30 p.m., the Mayor and Council recessed to the scheduled executive session and adjourned the meeting from there. THE ORIGINAL SIGNED COPY OF THESE MINUTES AS WELL AS A TAPED RECORDING OFALL COUNCIL MEETINGS CAN BE LOCATED IN THE CITY CLERK'S OFFICE. LA M. HALL, MAYOR R ONDA J. MAR H, CITY CLERK City CouncilApproved Minutes July 5, 1994 Page 3.0 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. JULY 5, 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 28, 1994 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF JUNE 27, 1994 (D) AWARD OF CONTRACT FOR 72ND AVE W. AND 210TH ST. S.W. STREET IMPROVEMENTS TO SMD, INC. ($223,184.20 EXCLUDING SALES TAX) (E) PROPOSED RESOLUTION IN RECOGNITION OF RHONDA MARCH FOR 30 YEARS OF SERVICE TO THE CITY OF EDMONDS (F) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE HEARING HELD ON JUNE 21, 1994 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) (G) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON THE HEARING HELD ON JUNE 21, 1994 ON AN 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) (H) PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE SECTION 5.40.020(C) TO ADOPT IN TOTAL THE STATE STATUTE REGARDING OBSTRUCTING A PUBLIC SERVANT 3. AUDIENCE 4. (5 Min.) PRESENTATION OF RESOLUTION AND PLAQUE TO RHONDA MARCH IN RECOGNITION OF 30 YEARS OF SERVICE TO THE CITY OF EDMONDS 5. (30 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) Continued from the meeting of June 21, 1994 6. (20 Min.) HEARING ON AN APPEAL OF THE HEARING EXAMINER'S DECISION TO OVERTURN A STAFF INTERPRETATION REGARDING COMBINATION OF "NONCONFORMING LOTS" AT 20710 82ND AVENUE WEST ON AN APPEAL FILED BY GARY ALSTON AND LARRY WAX UNDER FILE NO. AP-94- 56 (APPELLANTS: DAN AND JANIS McLAIN / FILE NO. AP-94-106) 7. (20 Min,) HEARING ON PLANNING BOARD RECOMMENDATION TO DENY A REZONE AND A COMPREHENSIVE PLAN AMENDMENT AT 411 4TH AVENUE SOUTH (APPLICANT:. ROGER MONTGOMERY / FILE NOS. R-94-26 AND CDC-94-27) - continued - EDMONDS CITY COUNCIL -2- JULY 5, 1994 8. (10 Min.) UPDATE BY COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT 9. (10 Min.) DISCUSSION Of CITY OF MILL CREEK RESOLUTION OPPOSING THE SITING OF A REGIONAL AIRPORT 10. EXECUTIVE SESSION ON A REAL ESTATE MATTER 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 and delayed telecast of this Council Meeting appear on Chambers Cable, Channel 32.