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10/14/1997 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES OCTOBER 14, 1997 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President John Nordquist, Councilmember Roger L. Myers, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember Thomas A. Miller, Councilmember STAFF PRESENT Michael Springer, Fire Chief James Walker, City Engineer Rob Chave, Planning Manager Stephen Koho, Treatment Plant Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Council President Earling requested that the City Council add the following item to the agenda: Reading of a Proclamation on the YWCA 1997 Week Without Violence. He asked that this item be placed first on the agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO ADD THE FOLLOWING ITEM TO THE AGENDA: "PROCLAMATION ON THE YWCA 1997 WEEK WITHOUT VIOLENCE." MOTION CARRIED. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS TO APPROVE THE AGENDA WITH THE ADDITION OF ONE ITEM. MOTION CARRIED. 1. FULL COUNCIL REVIEW A. PROCLAMATION ON THE YWCA 1997 WEEK WITHOUT VIOLENCE Mayor Fahey read a Proclamation recognizing the YWCA 1997 Week Without Violence. The week of October 19 - 25, 1997, was proclaimed as a "Week Without Violence" in Edmonds to recognize the city's dedication to the elimination of all violence, but especially violence suffered by the youth of this area, and encouraged all citizens to join in making violence prevention a personal commitment. Flags at the City of Edmonds and many other cities will be flown at half mast on Monday, October 20, which is a national Day of Remembrance for those who have fallen to violence. Mayor Fahey reminded citizens that the City of Edmonds contributed to a capital campaign for Pathways for Women several years ago, and Pathways for Women has a shelter located in Lynnwood. In addition, through a grant acquired by the Police Department, there is an Advocate at Pathways for Women who will assist anyone who is living in a domestic violence situation or has any form of violence as a part of Edmonds City Council Approved Minutes October 14, 1997 Page 1 their lives. Assistance can be obtained by either calling Pathways for Women directly or by contacting the City of Edmonds. B. CLOSED RECORD REVIEW ON THE SHORELINE APPLICATION VARIANCE REQUEST BY THE PORT OF EDMONDS Scott Snyder, City Attorney, explained that the Hearing Examiner made a decision regarding the Shoreline Development Permit for the Port of Edmonds, and as part of that process, the Port made a request for a variance. Mr. Snyder stated only the City Council can make a decision regarding the variance, but under Regulatory Reform only one hearing is to be held. Therefore, a hearing before the Hearing Examiner created the record on the Shoreline Development Permit; that record is before the Council and will be the basis for the Council's decision on the variance request. The procedure this evening is that the Planning Manager will begin with a presentation. The Port will provide a brief review of their position regarding the Hearing Examiner's decision and recommendation, and they will clarify their position on the points before the Council. There are no other parties who will speak, and the Port is limited to a discussion of the existing record; no new evidence will be taken this evening. Rob Chave, Planning Manager, explained there are two recommendations from the Hearing Examiner for the Council to consider together. One is the initial recommendation on the variance request, and secondly, a request from the Port to clarify some of the information or the language of the recommendation which resulted in a reconsideration recommendation. Mr. Chave stated the structure in question is the dry stack storage facility proposed to be located at the south end of the Port. Using the overhead projector, he displayed an elevation view of the site. He noted that the. Port is looking for a variance in two situations; first, the building itself (approximately a five foot variance request); and secondly, the Port is concerned about the second story deck which provides access to lockers. Because this deck overhangs, the Port is looking for a variance that would reduce that setback to one foot. The normal setback is 15 feet. Bill Toskey, Executive Director of the Port of Edmonds, stated that concerning all of the items provided by the Hearing Examiner in his recommendation as clarified in his second letter, the Port can accept all of them with one exception. Mr. Toskey pointed out they are asking for a variance because of the way the measurements are taking place. If they had built the project by just replacing what was originally there, the measuring point would have been different. By putting in a better project, it changes the measuring point, and loses a lot of valuable land. This is the reason for the variance request. The Port asked the Hearing Examiner to use a certain point for measuring from; the Hearing Examiner chose a different point, but recommended a 5 foot setback instead of a 15 foot setback. At this point, Mr. Toskey displayed a larger scale map. City Attorney Scott Snyder questioned if the map is part of the Hearing Examiner's record, noting discussion is limited to the record that was before the Hearing Examiner. Mr. Toskey replied that the map was not included in this form; it is the same map, just enlarged. Mr. Snyder clarified that Mr. Toskey is going to use the map to illustrate his argument, but the information necessary to make that calculation is already a part of the record. Mr. Toskey responded that is correct. Mr. Toskey stated the Port needs a variance for the second deck; they no longer need a variance for the building itself if the recommendation of the Hearing Examiner is approved. The second deck is necessary to provide for safe access to the lockers. An additional two feet is needed. This is the minimum necessary to meet the requirements of WISHA and OSHA for access to the second deck. Edmonds City Council Approved Minutes October 14, 1997 Page 2 Councilmember Van Hollebeke asked for Mr. Toskey to provide a description of the lockers. Mr. Toskey stated they are storage lockers which will be used to store things that individuals like to have with their boat but not on their boat such as crab pots. Responding to Councilmember Miller's questions, Mr. Toskey stated the total promenade width is more than 20 feet from the hand rail to the front of the lockers. Mr. Chave stated it is the understanding of staff that based on the reconsideration recommendation, combined with the original recommendation, that the Port is in agreement except for Item 2. He referenced Exhibit 1, Hearing Examiner's Reconsideration Recommendation, and Item No. 2 on that recommendation reads: "Denial of the reduced setback from 15 feet to approximately 1 foot for a second story deck serving as access to the lockers." A key phrase included under this statement from the Hearing Examiner is as follows: "It is not the intent of the Hearing Examiner to eliminate the second story lockers, but it is felt as stated in Finding E(5), page 9 of the recommendation that the lockers and dry boat storage could be redesigned to accommodate the lockers without the additional intrusion into the setback." Mr. Chave noted that if looking at the record and Council believes a redesign is not appropriate, then it is not the intent of the Hearing Examiner to go to such an extent of denying a variance so that the Port could not construct the walkway. It was felt by the Hearing Examiner that the lockers were an integral part of the project and should go forward, however, suggested possibly they could be redesigned. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER MILLER, TO NOT ACCEPT THE HEARING EXAMINER'S DECISION ON THE DENIAL OF THE REDUCED SET BACK OF 15 FEET TO APPROXIMATELY 1 FOOT FOR A SECOND STORY DECK SERVING AS ACCESS TO THE LOCKERS. Councilmember Myers stated it is the intent of the motion to allow the Port to go ahead and build as was explained this evening. City Attorney Snyder clarified that the motion allows the additional 24 inches that are necessary to satisfy WISHA and OSHA requirements. Councilmember Myers responded that is correct. MOTION CARRIED. City Attorney Snyder stated written findings will indicate that the Council accepted the written recommendation of the Hearing Examiner with the exception that Item No. 2, which is stated in the Hearing Examiner Recommendation as a denial, has been approved at the minimum 24 inches necessary to satisfy WISHA and OSHA requirements. Before adjourning to Committee meetings, Mayor Fahey announced that there will be a Candidate's Forum on October 16, 1997, in the Library Plaza Meeting Room, from 7:00 to 9:00 p.m. The Candidate's Forum is sponsored by the Greater Edmonds Chamber of Commerce. At 7:26 p.m. Mayor Fahey adjourned the full Council meeting to the regularly scheduled Council Committee meetings. BARBARA S. FAHEY , MAYOR SANDRA S. ChASE, CITY CLERK Edmonds City Council Approved Minutes October 14, 1997 Page 3 1 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. OCTOBER 14, 1997 SPECIAL COMMITTEE WORK MEETING (Second Tuesday of Each Month) The City Council will first meet as a full Council beginning at 7:00 p.m. The Council will then meet separately as committees in different meeting rooms as indicated below. The three City Council committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. 7:00 P.M. - CALL TO ORDER FLAG SALUTE 1. FULL COUNCIL REVIEW (Large Plaza Meeting Room, Library Building, 650 Main Street) (A) (3o Min.) CLOSED RECORD REVIEW ON THE SHORELINE APPLICATION VARIANCE REQUEST BY THE PORT OF EDMONDS ADJOURN TO COMMITTEE MEETINGS 2. PUBLIC SAFETY COMMITTEE (Small Plaza Meeting Room, Library Building, 650 Main Street) (A) (15 Min.) REPORT ON EMERGENCY MEDICAL SERVICES (B) (10 Min.) AUTHORIZATION TO ATTEND OUT OF STATE TRAINING (NATIONAL FIRE ACADEMY) (C) (10 Min.) FIRE HOSE REPLACEMENT SCHEDULE 3. COMMUNITY SERVICES COMMITTEE (Large Plaza Meeting Room, Library Building, 650 Main Street) (A) (20 Min.) STORM AND SANITARY SEWER COMPREHENSIVE PLAN UPDATE (B) (15 Min.) STREET OVERLAY/TREATMENT PROGRAMS (C) (20 Min.) 1998 CAPITAL IMPROVEMENT NEEDS 4. FINANCE COMMITTEE (Anderson Center, 700 Main Street, Room 113) (A) (2o Min.) DISCUSSION OF PROCEDURE TO RECEIVE COMMUNITY REQUESTS FOR BUDGETING PURPOSES (B) (10 Min.) FINALIZE THE MISSION STATEMENT/JOB DESCRIPTION OF THE FINANCE COMMITTEE (C) (5 Min.) APPROVAL OF PETTY CASH EXPENDITURES FOR THE MONTH OF SEPTEMBER 1997 Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 32. Delayed telecast of this meeting appears the following Wednesday, Friday and Monday at noon on Channel 32.