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07/19/1994 City CouncilTHESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING EDMONDS CITY COUNCIL APPROVED MINUTES DULY 199 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 *Indicates late arrival STAFF Paul Mar, Community Services Director Tom Miller, Police Chief Jeff Wilson, Planning Supervisor Bob Alberts, City Engineer. Brent Hunter, Personnel Manager Rhonda March, City Clerk Scott Snyder, City Attorney Mayor Hall welcomed Port Commissioner Jerry Blanton, who was in the audience. Mayor Hall referenced a memorandum in Council Packets from the City Clerk. The memorandum contains a request that "Approval of Department of Ecology Storm Water Centennial Grant" be added to the agenda as the signed agreement needs to be returned to the Department of Ecology no later than July 22, 1994. C(O...... E1VIBE fi PETRUZZI :MOVED, SECUNDED Bl' C©UNCII MEMBER: EIRLING TO PLACE THIS AGREEMENT AS 4A ON THE AGENAA M(?TION< CARRIED . . Mayor Hall requested Item "L" be removed from the Agenda, and said it will be rescheduled on an upcoming agenda. APPROVAL OFAGENDA CONSENTAGENDA Item (B) was removed from the Consent Agenda. CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 1 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING (C) APPROVAL OF CLAIMS WARRANTS #943085 thru 943526 IN THE AMOUNT OF $196137.24 AND CLAIMS WARRANTS #941476 THRU 943697 IN THE AMOUNT OF $642720.16 FOR WEEKS OF JULY 5 AND JULY 11, 1994, AND PAYROLL CLAIM WARRANTS 942978 THRU 943337 IN THE AMOUNT OF $402,973.15 AND 942973 THRU 'Al V 942977 IN THE AMOUNT OF $60.00 FOR THE PERIOD OF JUNE 16 THROUGH JUNE 30, V_ Uv 1994 `our D) AUTHORIZATION FOR MAYOR TO SIGN MEDIC 7 INTERLOCAL AGREEMENT �0 (E) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON HEARING HELD f ON JULY 5, 1994 ON AN APPEAL OF THE HEARING EXAMINER'S DECISION TO DENY A REQUEST FOR AN AUTO REPAIR HOME OCCUPATION SUBMITTED UNDER FILE NO. l CUH-94-1 1 (APPELLANT: JOHN RYASON / FILE NO. AP-94-95) (F) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON 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) ((G) AUTHORIZATION FOR MAYOR TO SIGN TWO SUPPLEMENTAL AGREEMENTS FOR FUNDING PRELIMINARY ENGINEERING TRANSPORTATION CENTER PROJECT (from O U Y ON99 MULTIMODAL ) (H) AUTHORIZATION TO RELEASE PERFORMANCE BOND TO SHANNON TOWING, INC. FOR TOWING SERVICES (1) APPROVAL OF PROFESSIONAL SERVICE CONTRACT AMENDMENT NO.3 WITH PTl ENVIRONMENTAL FOR AN ENVIRONMENTAL AUDIT OF THE WATERFRONT PROPERTY (J) REPORT ON BIDS OPENED JULY 12, 1994 FOR THE LIFT STATION BACKUP POWER PROJECT AND AWARD OF CONTRACT TO N.C. MACHINERY ($37,610.32 INCLUDING V SALES TAX) (K) REPORT ON FINAL CONSTRUCTION COSTS FOR THE FIVE CORNERS RESERVOIR RECOAT PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (M) APPROVAL OF PEDESTRIAN SIGNAL AT COLLEGE PLACE ELEMENTARY SCHOOL ON 76TH AVENUE WEST AND APPROPRIATION OF $10,000 FROM FUND 112 (from July 12, 1994) (N) AUTHORIZATION TO PURCHASE TWO VEHICLES FOR THE POLICE DEPARTMENT TO REPLACE CURRENT COMMAND STAFF VEHICLES ($25,000) (from July 12, 1994) (0) AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS TO REPLACE THE PLAZA ROOM SOUND SYSTEM (from July 12, 1994) (P) AUTHORIZATION TO ACCEPT COASTAL ZONE MANAGEMENT GRANT FOR UPDATING SHORELINES MASTER PROGRAM ($15,000) ITEM (B) APPROVAL OF MINUTES OF JULY S and JULY 12,199 CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 2 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING 44V As Councilmember Fahey requested verification of a word in the draft minutes of July 5th, the July 5 minutes were continued to the July 26th meeting so the tape could be listened to. Mayor Hall referenced a memorandum from the City Attorney regarding Item 7 on the Agenda. City Attorney Scott Snyder'said there a number of audience members present to speak on Item #7. Staff has requested the hearing be continued as the Hearing Examiner had not ruled on the motion for reconsideration. Out of courtesy to audience members present on this issue, Mr. Snyder suggested the City Council give them a date certain for continuance. C(�UNC.LMEMBER DWYER MO.ED* SECONDED; BY COUNCILMEM$ER FABLING, TO AMEi�iD THE AGENDA SO WE CAN ADDRESS ITEM SEVEN AT THIS< TAME MOTION. CARRIED HEARING ON RECOMMENDATION OF HEARING EXAMINER ONANAPPEAL BY GERALD LOVELL OF CITY OF EDMONDS SEPA RESPONSIBLE OFFICIAL'S ENVIORNMENTAL DETERMINATION 9mdns-MITIGATED DETERMINATION OFNONSIGNIFICANCE) ISSUED FOR A PROPOSED 10- LOT PRELIMINARYSUBDIVISIONAPPLICATION 9fi1e no. P-94-55A SUBMITTED B YHELLERAN DEVELOPMENT FOR THE PROPERTYLOCATED AT 8511 188ih STREET SOUTHWEST (APPELLANT. GERALD LOVELL/FILE NO. AP-94-96) CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 3 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING City Attorney Scott Snyder deferred to Planning Manager Jeff Wilson. Mr. Wilson said there have been a total of three requests for reconsideration to the Hearing Examiner. Mr. Snyder said as of late today, the Hearing Examiner has sent a decision regarding the three requests. Mr. Wilson said although Mr. Lovell received a copy of this decision from staff, the other parties involved did not. For this reason, staff recommends the hearing be scheduled to the next regularly scheduled Council Meeting. Mr. Snyder said the additional problem is Council does not have a packet on this issue, as well as it is possible that all parties may not be present tonight. Mr. Snyder recommends the hearing be continued to a date certain. AUDIENCE Robert Rhine Il, 223 Dayton, #4 referenced Councilmember Dwyer's announcement to pursue a judgeship on Snohomish County's South District Court. Mr. Rhine asked Gov Councilmember Dwyer if he intends to step down as Councilmember if he is successful in the election. Councilmember Dwyer replied affirmatively. Mr. Rhine said if a replacement is needed for Councilmember Dwyer, he asked that there be some other method of finding a replacement other than a quorum of the Council. Mr. Rhine wished Councilmember Dwyer the best of luck in his election. City Attorney Scott Snyder said the method for filling Council vacancies is prescribed by State Statute. As no other member of the audience wished to speak, the audience portion was closed. APPROVAL OFDEPARTMENT OFECOLOGYSTORM WATER CENTENNIAL GRANT Mr. Alberts said the agreement provides funds to design stream bank stabilization improvements to address erosion and sedimentation problems at Perrinville Creek. The project is identified in the 1995 budget. The DOE's share of the total project cost, as a result of this agreement, will be 50% of the eligible project cost. CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 4 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR DULY 26 MEETING CONTINUED PUBLIC HEARINGAND COUNCIL DELIBERATIONONAN APPEAL OF THE HEARING EXAMINER'S DECISION TO OVERTURNA STAFF INTERPRETA TION REGARDING COMBINATION OF' LOTS "AT 20710 82ND AVENUE WEST ONA APPEAL FILED BY GAR YALSTON AND LARRY WAX UNDER FILE NO. AP-94-56 (APPELLANTS: DANAND JANIS MCCLAIN/FILE NO. AP-94-106) (CONTINUED FROM JUL Y 5,1994) Testimony bX Gary Alston and Larry Wax Jeffrey Eustis, attorney for the above, presented his testimony. Mr. Eustis illustrated view foils and reviewed the issue with the Mayor and Council. Mr. Eustis referenced a letter to the City Council dated July 14 which was included in Council packet. Mr. Eustis said the dispute over the application of Section .030(C) focuses on whether this section applies to contiguous nonconforming lots that have been continuously held in common ownership or simply to such lots that have been held in common ownership at any time since the date upon which they became nonconforming. According to Mr. Eustis, the use of the word "since" without the qualification of the phrase at any time" indicates that Section .030(C) applies to contiguous nonconforming lots that have been continuously held in common ownership. Mr. Eustis proceeded to give the definition of "since". Mr. Eustis continued to refer to his nine page letter to City Council which was included in Council packet which was listed as Exhibit 2 in the agenda packet. Testimon-y from the Appellants: Dan and Janis McClain Attorney Doug Purcell spoke on behalf of Dan and Janis McClain. Mr. Purcell referred to Mr. Eustis's letter and referenced the letter which was included in Council packets.Mr. Purcell disagreed with many points contained in Mr. Eustis's letter. Mr. Purcell said the issue is how big the lots are and not who owns them. Mr. Purcell said Lot "B" and "C" were jointly owned in 1962 to 1989. During this time, this lot became an unbuildable lot according to the Code at this time. Mr. Purcell said because of this, it is irrelevant what the language was when it was changed from a year and a half ago, because it was already an unbuildable lot as of 1991. Mr. Purcell said he does not agree with the definition of "since" Mr. Eustis is using, as the other two definitions for the word "since" supports the City's interpretation of this that "since" means "time since". Continued testimony ofAttorney Jeffrey Eustis. Mr. Eustis said if this was a short plat application, Mr. Purcell would be correct in what the issue is. Since if is not a short plat application, and instead an appeal of a Code Interpretation, Mr. Purcell is incorrect. Mr. Eustis said this is a quasi-judicial proceeding, not a legislative proceeding. Council discussion and deliberation CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 5 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING Mr. Dwyer said as he understands Mr. Eustis's argument, the code as it was before, that language would have caused a merger. Mr. Eustis said this is correct. Councilmember Dwyer said if the lots were in common ownership and that language was in effect and there was a merger, asked when did the lots become unmerged. Mr. Eustis replied when the law changed. City Attorney Scott Snyder said nonconforming provisions of Codes are denied over time to do away with nonconformities. Mr. Snyder said as the Council remembers, the Community Development Code was extensively revised in 1980. At that time, the City, in this chapter, put together several provisions which define nonconformities and provide for their abatement. Mr. Snyder said nonconforming uses are legal uses as long as they are continued in conformance with the code, but under certain situations in the City's code, those rights or uses disappear. Mr. Snyder said the idea was to allow a person who owned a lot to use it in accordance with the Code, but if it should be combined with a contiguous lot, that it would merge to it to create a conforming lot - the right would disappear. City Attorney Scott Snyder said at the same time revisions were made to the code, specifically subparagraph (c), they weren't done in isolation. The Council added subparagraphs (1) with its subparagraph and a lot area table. The purpose of the lot area table was to allow people to go ahead and use those nonconforming lots if they came within 60, 70, or 80, 90% of the lot area of the conforming lot in that particular zone. Mr. Snyder said the purpose of these revisions is to do away with nonconforming lots. Mr. Snyder referred to RCW 58.17.210 which says a building permit won't issue for land divided in violation of the chapter. Mr. Snyder said the reasoning would be if the lots merge, the right to sell them disappears, therefore, you cannot issue a building permit for that other former lot. Mr. Snyder suggested the Council take the Code in context. Mr. Snyder said until and if the ordinance is changed, the Council is going to have to apply the Code as it is written. As the testimony from the public was completed, Mayor Hall closed the public portion of the hearing. Council Discussion and Deliberation. City Councilmembers discussed the issue. Councilmember Petruzzi said six of the Councilmembers present were on the Council when the Ordinance pertaining this issue was passed. Councilmember Petruzzi said the six Councilmembers then, came to a conclusion was that some lots, even though they were undersized and they had been under joint ownership, should be allowed to be developed. Councilmember Petruzzi said in this particular case, it is clearly stated that 80% of the legal lot was needed which would be 6,400 square feet. Councilmember Petruzzi said there was prior considerable discussion over the language that seems to be the crux of the matter which is "since" versus what is said in the prior ordinance. Councilmember Petruzzi said it was very clear in his mind when the ordinance was changed, it was changed because the Council believed it was redundant. Councilmember Petruzzi said the verbage was worked over quit extensively to make sure that although it was changed for redundancy, the Council CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 6 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING felt it was clear as to the intent. Councilmember Petruzzi said the intent was not to change the particular section of the ordinance, but to clarify it. Councilmember Petruzzi said the lot in question does not meet the minimum square footage as required by the ordinance and the City Attorney has stated the Council must rule on the intent of the Code. Under discussion, Councilmember Dwyer, said he has gone back and forth on this issue, not because he ever had any question on what it was that he intended to do when he voted for Ordinance 2936, but rather whether he believed the Council was trapped by a mistake. or scriveners error in the ordinance which would do something other than what the Council intended to do. Councilmember Dwyer said after going through all of this, he believes the presentation against the Staff's position has merit to it, however, in interpreting the Ordinance as a whole or interpreting the section of the Ordinance in question, it does have to be viewed in context on "why does the ordinance itself exist". Council President Nordquist arrived at 8:10 p.m. HEARING ON RECOMMENDATION OF HEARING EXAMINER ONANAPPEAL BYMARGARET DOYLE OF CITY OF EDMONDS SEPA RESPONSIBLE OFFICIAL'S ENVIRONMENTAL DETERMINATION (DNS -DETERMINATION OF NONSIGNIFICANCE) ISSUED TO CITY OF EDMONDS ENGINEERING DIVISION OFR CONSTRUCTION WORK ASSOCIA TED WITH PROPOSED LID 214IN THE 88THAVENUE WEST RIGHT OF WAYBETWEEN APPROXIMATELY 207TH PLACE SOUTHWEST AND 204TH STREET SOUTHWEST (APPELLANT: MARGARET DOYLE/APPLICANT: CITY OF EDMONDS ENGINEERING DIVISION/FILE NO. AP-94-92) Jeff Wilson, Planning Supervisor, provided the staff report.. Mr. Wilson said on April 20, 1994, Margaret Doyle filed an appeal of the environmental determination -DNS. On June 2, 1994, the Hearing Examiner held a public hearing on the appeal. At the hearing, the Hearing Examiner received the appellant's letter of appeal, the Staff Advisory Report on the letter of appeal, and general public testimony (included in Council packets). On June 16, 1994 the Hearing Examiner issued his recommendation on the appeal. In the Hearing Examiner's recommendation to the City Council, the Examiner recommended the appeal be denied and the environmental determination of nonsignificance remain. CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 7 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING It is the recommendation of Staff that Council uphold the Hearing Examiner's recommendation. TestimonVo f the Appellant Margaret Doyle, 20425 88th Ave. West, stated her opposition to the proposed L.I.D. Ms. Doyle thanked Councilmember Kasper for responding to her questions. Ms. Doyle said her meeting with the City Engineer was also very helpful in answering her questions. Mayor Hall asked the City Attorney about the appellant talking to individual Councilmembers when the appeal was already scheduled on the Council's agenda. Councilmember Kasper said Ms. Doyle had requested in a previous Council meeting to clarify some of her questions. Councilmember Kasper said he asked Mr. Alberts to listen to her and he was present during those clarifications. Mr. Snyder asked if the nature of the discussion related to the environmental issues that are subject to the appeal or if it had to do with the underlying action regarding the L.I.D. Mr. Kasper said Ms. Doyle had procedural questions. Mr. Snyder asked if the conversations included environmental issues. Councilmember Kasper said not to his. recollection. The purpose was clarification of the L.I.D. process. Mr. Snyder suggested Mayor Hall ask audience members if they have any objections to the participation of Councilmember Kasper in light of his discussion with Ms. Doyle. Mayor Hail did so, and no objections were noted. Mayor Hall requested Councilmembers go through the Mayor in the future when they wish to meet with staff. Ms. Doyle continued her testimony. Ms. Doyle said the area south of her house on 204th has long been considered a wetland. Ms. Doyle said she has spent approximately $10,000 in the past eleven years for drainage improvements on her property. Her concerns are that when the L.I.D. improvement goes through, she does not want to carry the burden and pay for drainage improvements on properties other than her own. Ms. Doyle said the cost of the L.I.D. will be borne by everyone in equal shares -it will not be prorated depending on the complexity per individual lot. Councilmember Fahey asked if there has been any kind of official determination in any way that the property she referred to is in fact a wetland and not just a drainage problem. Ms. Doyle said she does not know. Mr. Snyder suggested Councilmember Fahey ask the appellant if the subject area is shown on the City's critical or environmental sensitive areas map. Councilmember Fahey said she wanted to know if Ms. Doyle had any information or knowledge apart from what the City itself has determined. CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 8 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING . Councilmember Petruzzi asked Mr. Wilson if the area is shown on the maps referenced by the City Attorney. Mr. Wilson replied negatively. Rob King, 20503 88th Avenue West, said he was one of the citizens who was able to build a home in the subject area provided he sign a waiver to any future L.I.D's. Mr. King wanted to know what the purpose of the storm drainage is. Is it to just drain that area of impervious ground as anticipated by the upcoming housing and streets or is it designed to drain individuals property. Mr. King said several of the lots are designed to be well below the invert elevation of the storm drain. Mr. King said he does not want to have to participate in additional costs incurred to make that storm drain deeper for the purpose of draining or improving someone's private property. Mr. King said the purpose of the L.I.D. as he understood it was to allow building permits on undeveloped lots in the neighborhood. Mr. King said the City made some determinations years ago that because of storm drainage issues, they were going to require storm drain be developed through there and the lots would require city access. Mr. King said the engineering firm that was chosen by city staff had a preliminary meeting with the residents to show their findings. Mr. King said the design they presented was adequate to provide access to all of the applicants, however, some of the applicants were disturbed it didn't have street drainage or it didn't provide a completely finished street with sidewalks in front of all the properties. Mr. King said he already has his drainage issues taken care of and doesn't want to have to participate in anything over and above the minimum to accommodate the LID purpose. Roger Hertrich, 1020 Puget Drive, said he was on the City Council when the City hired a number of consultants to perform drainage work. Mr. Hertrich said there was discussion at that time of investigating other wetlands in the City which had not yet been identified. Mr. Hertrich said it is a fact that the City does have an environmental areas and critical area map that is deficient for all of the wetlands that do exist in the city. Mr. Hertrich said he has been in the subject area and said there is year around water there. Mr. Hertrich said you can get a wetland anytime you leave water on the ground long enough, as plants will begin will grow, which will then constitute a wetland. Bob Alberts City Engineer said the interceptors will be brought into the area to take drainage of the roads and it is being brought in to provide a connection point for those lots that are undeveloped that would be anticipated during the developments to take care of the requirements that the Code requires of impervious surfaces. Mr. Alberts said there are existing systems present in the area to match up with the existing system if possible. Councilmember Petruzzi said if people can prove they have done a substantial amount of drainage mitigation, asked if there is any provision for giving them credit for this mitigation. Mr. Alberts said as he understands it, the subject improvements are on the property itself and not on the right-of-way. Mr: Alberts said what we are bringing in is the main interceptor. Those who have not done any improvements on their property will take on those costs in the future. Mr. Alberts said if something is already there, the City will make every effort to connect it. CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 9 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING Jeff Wilson, Planning Supervisor clarified the definition of a wetland. Mr. Wilson said basically there are three indicators: 1) Presence of ground and surface water saturation; 2) Existing Vegetation and; 3) Soil Classification. Mr. Wilson said you have to have a combination of all three. Mr. Snyder added there is a 2500 square foot minimum to classify as a wetland. Mr. Snyder said this is what the City Council previously decided. Mayor Hall closed the public portion of the hearing. Council discussion and deliberation Mr. Snyder said this is one of those environmental issues where the Council is required to give substantial weight to the Responsible Official. Councilmember Dwyer said he believes he speaks for the City Council when he says the Council feels for Ms. Doyle who has come before the City Council several times with her frustrations about this process. Councilmember Dwyer said he doesn't believe the environmental challenge can be sustained, at least not on the evidence that that we have. Councilmember Dwyer said being constrained by the actual testimony and evidence,the Council has, there isn't testimony or evidence that there are wetlands that would require some greater level of environmental scrutiny. Councilmember Fahey concurred with Councilmember Dwyer's summation. D-ISCUSSIONREGARDING C0UNTYANVEX4TIONISSUES FOR THE PROPOSED AURORA MARKETPLACE ANNEXATIONAND A UTHORIZATION d, FOR MAYOR TO ENTER INTO DISCUSSIONS WITH SNOHOMISH COUNTY yp (ems REGARDING AN INTELOCAL A GREEMENT TO ADDRESS SAID ISSUES. 0,10 Mayor Hall said there was a meeting with the County on this issue. Jeff Wilson, Jok'Pianning Supervisor, said the proposed "Aurora Marketplace Neighborhood" annexation is currently pending before the Boundary Review Board for Snohomish County. The annexation proposal is in the last week of the BRB comment period for other jurisdictions. If other jurisdictions wish to ask the BRB to invoke jurisdiction and require a public hearing they must do so by July 25. During this review period, the County has, by letter, brought to the City's attention five issues which they wish to enter into an interlocal agreement with the City to address. Mr. Wilson reviewed the' five issues with the Mayor and Council. It was the recommendation of Staff to authorize the Mayor to enter into discussions with Snohomish County Staff on a potential interlocal agreement to CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 10 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING discuss annexation issues with the proposed "Aurora marketplace Neighborhood" annexation. Mr. Wilson said the County has requested a letter from the Mayor indicating the City's agreement to begin working toward producing an interlocal agreement o address each of the five issues brought forth by the Boundary Review Board. The five issues are as follows: 1. Maintaining fire service in the Fire District; 2. Identification and agreement regarding watershed management issues in the annexation area; 3. Confirmation of the City of Edmonds intent to honor existing County imposed conditions for the Conditional use and Building permits for the Olympic View Water and Sewer District office and maintenance facility; 4. Timing and process for transfer of land use and building permit applications currently on file with the Council; 5. Annexation of adjacent rights -of -way. Mr. Wilson said on July 13, the Mayor and staff met with representatives from the County Council (Al Schweppe), the County Executive's Office (Mary Lou Block), and the County Planning Department (Steve Holt, Planning Director) to discuss the July 13 letter from Joan Earl which contained the five issues. Mr. Wilson said it is our understanding the County will not oppose the annexation, and would simply like to enter into formal discussions regarding the first four issues listed above with the purpose of reaching a mutual agreement on each of the points. The 5th issue raised in the letter regarding annexation of adjacent right-of-ways was withdrawn at the meeting and is no longer a concern. Council held a brief discussion on this issue and felt there were no problems with any of the five issues. MAYOR Mayor Hall asked for confirmation of Mr. Rob Morrison to the Planning Board. COiJNCir.NIE1VIBER D WYER' MOVED, SECONDEll Bat" C{fliJNCi%,MElVIBER' FABLING `I'O CONFIRM MR.'ROB MORRISONA PIANNING BOARD; MEMBER MOTIf1N CARRIED Mayor Hall asked for confirmation of Phyllis Becker as Alternate Member to the Planning Board. CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 11 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR JULY 26 MEETING la)4A 10 9 -;Do Mayor Hall discussed the possibility of the County Council placing on the ballot, an optional gas tax. Mayor Hall said the County is asking cities to come forward with a resolution supporting this. Mayor Hall said there would be a maximum of 2.3 cents per gallon and the City could receive $483,000 per year which could be used in a flexible manner. Mayor Hall said the taxpayer would have the cost of $9.20 per year figuring the taxpayer drives 10,000 miles per year and the vehicle gets 25 miles per gallon. Councilmember Petruzzi said the State of Washington has the highest taxes per gallon of gasoline in the continental United States. Councilmember Petruzzi said before a resolution passed, the City may want to have a public hearing on this to receive public input from taxpayers.. Councilmember Dywer agreed that a hearing or deliberation be scheduled for discussion purposes. This will be placed on next week's agenda for discussion. Mayor Hall said the Concerts in the Park have been well attended. Mayor Hall said Pathways for Women has presented the City with an award for the City. The City has contributed 166 square feet in the development of Pathways for Women's Homeward Bound Shelter. COUNCIL Councilmember Fahey acknowledged County Councilmember Al Schweppe's help in getting the additional language added to the County Ordinance on the Hotel/Motel Tax. Councilmember Fahey said because of this, there will be an oversite committee created as she, Councilmember Petruzzi and Carolyn Johnson had asked for but was not originally included. Councilmember Hall reported on Parking Committee issues. Councilmember Hall referenced a memorandum from Boyce Clark, member of the Korean War Memorial Committee regarding ongoing vandalism of the Korean War Memorial which is located in Olympia. Councilmember Hall said Mr. Clark is requesting the City give some kind of support to stopping the vandalism. Mayor Hall said Mr. Clark did call her and they discussed the extent of the vandalism. CITY COUNCIL APPROVED MINUTES DULY 19, 1994 PAGE 12 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL AT THEIR DULY 26 MEETING cow Councilmember Kasper expressed concern that there are a lot of undeveloped parking areas in the city. Councilmember Kasper said there is a problem with uneven enforcement of these undeveloped lots. Councilmember Kasper said all of the undeveloped parking lots need to be treated the same and enforced evenly. Councilmember Kasper said these parking areas have gravel which is being kicked onto the street and the lots have no drainage. At 9:25 p.m., the City Council recessed to the scheduled Executive Session on property and personnel matters. The City Council meeting was adjourned thereafter at approximately 10:15 p.m. LAURA *. HALL, MAY ONDA J. MA H, CITY CLERK CITY COUNCIL APPROVED MINUTES JULY 19, 1994 PAGE 13 CALL TO ORDER - 7:00 P.M. FLAG SALUTE AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7.00 - 10.00 p.m. JULY 19, 1994 SPECIAL MEETING 6:30 P.M. - INTERVIEW CANDIDATES FOR PLANNING BOARD POSITIONS APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL 00 APPROVAL OF MINUTES OF JULY 5 AND JULY 12, 1994 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEKS OF JULY 5 AND JULY 11, 1994, AND PAYROLL CLAIM WARRANTS FOR THE PERIOD OF JUNE 16 THROUGH JUNE 30, 1994 (D) AUTHORIZATION FOR MAYOR TO SIGN MEDIC 7 INTERLOCAL AGREEMENT (E) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON HEARING HELD ON JULY 5, 1994 ON AN 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) (F) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON HEARING ON PLANNING BOARD RECOMMENDATION TO DENY A REZONE AND A COMPREHENSIVE PLAN AMENDMENT AT 411 4TH AVENUE rn? SOUTH (APPLICANT: ROGER MONTGOMERY / FILE NOS. R-94-26 AND CDC-94-27) _- (G) AUTHORIZATION FOR MAYOR TO SIGN TWO SUPPLEMENTAL AGREEMENTS FOR FUNDING PRELIMINARY ENGINEERING EFFORTS ON THE MULTIMODAL TRANSPORTATION CENTER PROJECT (from July 5, 1994) (H) AUTHORIZATION TO RELEASE PERFORMANCE BOND TO SHANNON TOWING, INC. FOR TOWING SERVICES (1) APPROVAL OF PROFESSIONAL SERVICE CONTRACT AMENDMENT NO. 3 WITH PTI ENVIRONMENTAL FOR AN ENVIRONMENTAL AUDIT OF THE WATERFRONT PROPERTY (J) REPORT ON BIDS OPENED JULY 12, 1994 FOR THE LIFT STATION BACKUP POWER PROJECT AND AWARD OF CONTRACT TO N.C. MACHINERY ($37,610.32 INCLUDING SALES TAX) (K) REPORT ON FINAL CONSTRUCTION COSTS FOR THE FIVE CORNERS RESERVOIR RECOAT PROJECT AND COUNCIL ACCEPTANCE OF PROJECT (L) PROPOSED ORDINANCE AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE SECTION 20.75.155 TO CONFORM CITY ORDINANCE TO GROWTH MANAGEMENT ACT REQUIREMENTS PROVIDING FOR ADMINISTRATIVE APPROVAL OF SHORT PLATS (M) APPROVAL OF PEDESTRIAN SIGNAL AT COLLEGE PLACE ELEMENTARY SCHOOL ON 76TH AVENUE WEST AND APPROPRIATION OF $10,000 FROM FUND 112 (from July 12, 1994) (N) AUTHORIZATION TO PURCHASE TWO VEHICLES FOR THE POLICE DEPARTMENT TO REPLACE CURRENT COMMAND STAFF VEHICLES ($25,000) (from July 12, 1994) (0) AUTHORIZATION TO ADVERTISE REQUEST FOR PROPOSALS TO REPLACE THE PLAZA ROOM SOUND SYSTEM (from July 12, 1994) (P) AUTHORIZATION TO ACCEPT COASTAL ZONE MANAGEMENT GRANT FOR UPDATING SHORELINES MASTER PROGRAM ($15,000) 3. AUDIENCE - continued EDMONDS CITY COUNCIL -2- JULY 19, 1994 4. (5 Min.) SPECIAL PRESENTATION FOR POLICE OFFICER MIKE RICHARDSON 5. (30 Min.) CONTINUED PUBLIC HEARING AND COUNCIL DELIBERATION 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) (Continued from July 5, 1994] 6. (20 Min.) HEARING ON RECOMMENDATION OF HEARING EXAMINER ON AN APPEAL BY MARGARET DOYLE OF CITY OF EDMONDS SEPA RESPONSIBLE OFFICIAL'S ENVIRONMENTAL DETERMINATION (DNS - DETERMINATION OF NONSIGNIFICANCE) ISSUED TO CITY OF EDMONDS ENGINEERING DIVISION FOR CONSTRUCTION WORK ASSOCIATED WITH PROPOSED LID 214 IN THE 88TH AVENUE WEST RIGHT OF WAY BETWEEN APPROXIMATELY 207TH PLACE SOUTHWEST AND 204TH STREET SOUTHWEST (APPELLANT: MARGARET DOYLE / APPLICANT: CITY OF EDMONDS ENGINEERING DIVISION / FILE NO. AP-94-92) 7. (45 Min.) HEARING ON RECOMMENDATION OF HEARING EXAMINER ON AN APPEAL BY GERALD LOVELL OF CITY OF EDMONDS SEPA RESPONSIBLE OFFICIAL'S ENVIRONMENTAL DETERMINATION (MDNS - MITIGATED DETERMINATION OF NONSIGNIFICANCE) ISSUED FOR THE PROPOSED 10-LOT PRELIMINARY SUBDIVISION APPLICATION (FILE NO. P-94-55) SUBMITTED BY HELLERAN DEVELOPMENT FOR THE PROPERTY LOCATED AT 8511 188TH STREET SOUTHWEST S. (10 Min.) DISCUSSION REGARDING COUNTY ANNEXATION ISSUES FOR THE PROPOSED AURORA MARKETPLACE ANNEXATION AND AUTHORIZATION FOR MAYOR TO ENTER INTO DISCUSSIONS WITH SNOHOMISH COUNTY REGARDING AN INTERLOCAL AGREEMENT TO ADDRESS SAID ISSUES Y. (5 Min.) MAYOR 10. (15 Min.) COUNCIL 11. (20 Min.) EXECUTIVE SESSION ON PROPERTY AND PERSONNEL MATTERS The public Is invited to attend. 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 Meeting appears on Chambers Cable, Channel 32.