01/21/1986 City CouncilTHESE MINUTES SUBJECT TO
FEBRUARY 4, 1986 APPROVAL
EDMONDS CITY COUNCIL MINUTES
JANUARY 21, 1986
The regular meeting of the Edmonds City Council was called to order at 7:00 p.m, by Mayor Larry
Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa-
lute.
PRESENT STAFF PRESENT
Larry Naughten, Mayor Peter Hahn, Community Svcs. Dir.
John Nordquist Pat LeMay, Personnel Manager
Steve Dwyer Bobby Mills, Public Wks. Supt.
Laura Hall Mary Lou Block, Planning Div. Mgr.
Jo -Anne Jaech Jack Weinz, Fire Chief
Bill Kasper Dan Prinz, Police Chief
Lloyd Ostrom Duane Bowman, Asst. City Planner
Jack Wilson Art Housler, Admin. Svcs,. Dir.
Cindy Browne, Student Rep. Scott Snyder, City Attorney
Jackie Parrett, City Clerk
Margaret Richards, Recorder
Mayor Naughten announced that Item #4 on the Agenda [Hearing On Appeal Of Hearing Examiner Deci-
sion Denying Home Occupation Permit For A Dental office At 8505 Talbot Rd. (CU-46-85/APPELLANT:
DR. JOHN LAGOS) has been extended from sixty to ninety minutes.
CONSENT AGENDA
Item (B) was removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEM-
BER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on
the Consent Agenda include the following:
(A) ROLL CALL
(C) REAUTHORIZATION TO BID FOR CIVIC CENTER REROOF
(D) AUTHORIZATION FOR MAYOR TO SIGN PROPOSED CONTRACT WITH CULP/WESTNER/CULP FOR ENGINEERING
SERVICES FOR LIFT STATION #7 AND ODOR CONTROL ($7,300)
(E) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT WITH REID, MIDDLETON & ASSOCIATES FOR TASK II
OF VERTICAL AND HORIZONTAL MONITORING IN MEADOWDALE AREA ($2,450)
(F) SET DATE OF FEBRUARY 4, 1986 FOR HEARING ON.HEARING EXAMINER RECOMMENDATION FOR 15-LOT
SUBDIVISION AT 8505 - 184TH ST. S.W. (EDMONDS DEVELOPMENT CO./P-5-85)
Councilmember Nordquist referred to Item #6 on the Agenda (Review And Recommendations Regarding
Classification Study). He said in reviewing the documents, he didn't feel the Council was pre-
pared to enter into a full discussion at this time. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY
COUNCILMEMBER JAECH, TO MOVE THIS ITEM TO A.FUTURE DATE AND INSTRUCTED COUNCIL PRESIDENT HALL TO
SET UP THE TIME. Councilmember Wilson inquired what the meeting would entail. Councilmember
Nordquist said he would like Staff to inform the Council what criteria was given and whp.* the
evaluation system was. Councilmember Hall requested that a grid be provided regarding the posi-
tions list. She set January 28, 1986 at 8 p.m. to discuss this.A tem. MOTION CARRIED.
APPROVAL OF MINUTES OF JANUARY 14, 1986
Mayor Naughten noted a typographical error on `page 2 of the minutes. McNaughten is spelled M-C-
N-A-U-G-H-T-O-N. MAYOR NAUGHTEN MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE MIN-
UTES. MOTION CARRIED.
AUDIENCE
Gordon Rosier, 16105 N. Meadowdale Rd., said he brought before the Council in September that
seven out of ten of his neighbors had not hooked up to the Meadowdale sewer project, and to date
1
still are not hooked up. He said the Council had previously indicated that when the project was
completed, everyone would be hooked up.. The purpose of the project was to reduce the water table
and pollution level. Mr. Rosier expressed a concern regarding a libel factor if there were other
alternatives available to a sewer system. He said that attorney's fees have totalled $16,000.
However, records indicate that $8,500 may have been collected. He requested that this issue be
investigated.
He relayed .the appreciation of Meadowdale residents for installation of sidewalks on 117th. They
hope to start soon on 75th Place up to N. Meadowdale Road.
The Meadowdale High School band room was recently vandalized. Problems have been encountered
with the insurance company. Mr. Rosier challenged the Council to start a fund to collect monies
for the purchase of instruments so the students can commence band practice. Mayor Naughten stat-
ed that the parents of the.vandals bear some financial responsibility. Mr. Rosier said the total
loss was in the hundreds of thousand of dollars. If they waited for the insurance company to
pay, the students would be without equipment in the interim.
Community Services Director Peter Hahn stated there are two means of recourse regarding the sewer
project: 1) meet with the Health.District and, 2) adopt an ordinance which would penalize
people who do not hook up to the system. He said City Attorney Scott Snyder has drafted a proto-
type ordinance for the.City's consideration. Councilmember Hall inquired if. there is a time
limitation -for mandatory hookup. Mr. Hahn said they were.dependent upon the Health District, who
is the statutory enforcement agency for hookup. If no action is,taken.with them in the near
future, the ordinance will be presented to the Council.
Ray Martin, 18704 - 94th Ave. W., reported what he believed to be the lack of proper administra-
tion of Hutt Park. He said many problems have been encountered which seem to center around Parks
& Recreation Manager Steve Simpson. He thought the recent meeting of the Planning Board was
improperly posted. He requested a copy of the taped meeting which took place at Linda Sullivan's
residence in addition to a verbatim transcript. Mr. Martin said he felt Ms. Sullivan and Mr.
Simpson used the meeting to "pollute the Planning Board with their propaganda". Mayor Naughten
said that was pure conjecture on Mr. Martin's part and suggested he gather his facts before mak-
ing serious allegations. Mr. Martin said he resented the fact that the public was not invited to
attend the meeting. He said he spoke with Mr. Simpson after the meeting. Mr. Simpson indicated
that the audit was .completed. Mr. Martin requested that the Council pursue obtaining the audit.
He said he wrote down Mr. Simpson's comments as soon as he could in order to recall them as accu-
rately as possible: Mr. Simpson stated that people other than employees should not be living in
the Hutt rentals. Mr. Martin inquired why he said that, and Mr. Simpson responded because of
control. He said Mr. Simpson has a contemptible attitude towards the law and the rights of oth-
ers that completely disqualifies him for further involvement with Hutt Park. He requested: 1)
that Mr. Hahn be assigned to the affairs of Hutt Park, 2) require compliance that Mr. Hennessey
be informed of any meetings that may concern him, and 3) an in-house investigation be conducted
to determine why the newspapers were not notified of the meeting. Mr. Hahn said that the notifica-
tion requirements are very straightforward and are laid out by letter from the City Attorney.
The Planning secretary followed.them to the letter. Mr. Simpson sent a memo to the Planning
Board stating his recommendations and outlined the purpose of the meeting, which was primarily to
determine the uses of the park and the two structures. Standard usage of the structures by any
parks department are by parks personnel. So Mr. Simpson's statements regarding occupation of
Hutt Park structures were not an unusual recommendation. Councilmember Dwyer inquired if Mr.
Martin could obtain a copy of the memo to the Planning Board from Mr. Simpson. Mr. Hahn replied
affirmatively. He said he would also provide Mr. Martin with a copy of the minutes. Councilmem-
ber Dwyer inquired if there was a tape of the meeting. Mr. Hahn said he did not think so. Coun-
cilmember Dwyer recommended that these meetings be taped in the future so if anyone was interest-
ed, they would have the opportunity to review the tapes; thus, avoid any misunderstandings.
Councilmember Ostrom inquired if the meeting should have been publicized in the newspapers. Mr.
Hahn said notices were sent to five newspapers in addition to the radio stations. Councilmember
Ostrom said the Hutt Park issue has been a very controversial subject. A meeting that is not
well publicized causes even more controversy. Staff should be more sensitive to the interest and
emotions of citizens. Mr. Hahn stated that a mailing list will be set up for anyone interested
in Hutt Park information. Councilmember Ostrom said Staff has just caused controversy over this
issue rather than try to resolve it. He said he didn't understand why they did not try to "clean
up their act".
Jim Hennessey, 9309 - 187th S.W.., inquired about the new lease he was promised to receive by the
end of the week. City Attorney Scott Snyder said it was his understanding he was to receive it
by the end of the month. However, the lease has been drafted for the City's inspection and Mr.
Hennessey's inspection. tomorrow afternoon. Mr. Hennessey asked -if an audit of both rental in-
comes has been conducted. He requested a copy of the audit. Administrative Services Director
Art Housler said a formal audit by the State examiners has,•not been conducted. He said he provid-
ed Councilmember Jaech with a statement of the receipts and expenditures of the properties.
Councilmember Jaech said she did.not receive a full statement and would confer with Mr. Housler.
EDMONDS CITY COUNCIL MINUTES
Page 2 JANUARY 21, 1986
Mr. Hennessey said Mr. Simpson's statements that it is.ethically correct to rent both houses to
City employees was very unsettling.to him. Mr. Hennessey analogized a City employee living on
City property as ethically wrong as taking a shovel off of a City truck and giving it away to a
City employee. He said he moved to Washington from Boston, Massachusetts. The government became
corrupt because no one cared; they stopped trying to fight politics.. He said he felt Edmonds had
an honest government, and he was proud of that fact. The citizens of Edmonds are interested in
their city. He said he didn't think people -were going to take this issue lying down.
The Mayor closed the audience. portion of the meeting.
RECOGNITION OF 1985 RETIRING BOARD AND COMMISSION MEMBERS
Council President Hall presented Councilmember Nordquist with an award for his contribution to
the City Council.
Mayor Naughten presented awards to the following: Susanne Adams, Jay Warden, Marie Pierre,
Michelle Bonning, Tamara Schwartze, Dan Shiveley, Lisa Hertrich, Michelle Fresia, Ann LaWarne,
Cheryl Aylesworth, Mark Longstaff, Youth Activities Board; Lee Leach, Ken Rose, Arts Commission;
Clarence Collins, Civil Service Commission; Dan Rice, Wong Beck, Bob 6oye, Planning Board.
HEARING ON APPEAL OF NEARING EXAMINER DECISION DENYING HOME.000UPATION PERMIT FOR A DENTAL
OFFICE 8 05 T LB T R - -8 P LL NT: G
Councilmember Wilson stated he has had a professional relationship with Dr. Lagos since the time
they entered dental school together, and he has also discussed this issue with him. He said he
has had a doctor/patient relationship with one of the original complainants in the hearing. He
inquired if anyone present objected to his participation in the hearing tonight. Attorney
Chester Bennett asked Councilmember Wilson if he had any conflict with a professional dental
relationship. Councilmember Wilson said his concern was that everyone would be satisfied at the
conclusion of the hearing with the legalities. No objections were stated.
Assistant City Planner Duane Bowman stated copies of the appeal filed by Dr. Lagos have been
submitted to the Council, and the file of all of the original exhibits has been in the Council
Resource Office for review by the Council. He said he made copies of the exhibits for Councilmem-
ber Ostrom and Councilmember Jaeth because they were unable to avail themselves of the informa-
tion at the Resource Office. Mr. Bowman gave background information on this issue as follows:
In September of 1985, the Appellant filed an application for a home occupation permit to allow a
dental office to be operated out of his remodeled garage at 8505 Talbot Road. The Staff held a
public hearing on the request, and on October 9, 1985 issued a decision denying the proposed
occupation. The Appellant then filed an appeal with the Hearing Examiner. The Hearing Examiner
held a public hearing on the appeal of the Staff decision on November 17, 1985. On December 11,
•1985, the Hearing Examiner issued his findings and decision upholding the original Staff deci-
sion. His decision stated, "What is relevant is that the request satisfies the criteria of Sec-
tion 20.20.020 of the ECDC. Clearly, this request does not. The significant criteria that are
not met by the application are Section 20.20.020 (C) Equipment Use and Section 20.20.020 (D)
Traffic. As noted in the Findings and Conclusions to this document, dental equipment will be
used. Dental equipment is not something that is found in a residential environment. It is found
in a dental office. Dental chairs, drills, plumbing facilities, X-ray machines and X-ray develop-
ment equipment are not compatible with a residential environment. They are compatible with profes-
sional office uses. To argue that they are compatible does not preserve the character of the
single-family neighborhood, but creates a threat to the integrity of the Zoning Code of the City
of Edmonds. If the home occupation permit was allowed, patients would come to the business of
Dr. Lagos. These patients would travel.by car. This would generate more traffic than is normal
for a single-family residence in the neighborhood. Normal traffic for a residence does not in-
clude business clientele. As a result, this section of the criteria fails. It is further noted
that although the home occupation appears to be carried on entirely within the completely en-
closed building, testimony was received, and was.no.t rebutted, that a compressor is located out-
side the residence. The compressor is used for the dental equipment. This compressor creates
noise and impacts the neighborhood. Thus, an argument could be made that Section 20.20.020 (A)
is not satisfied by the application."
Mr. Bennett introduced himself as an Edmonds attorney representing Dr. Lagos. He then introduced
his son, Peter Bennett,.as co -counsel. Mr. Bennett referred to Section 20.20.020 of the Edmonds
Community Development Code (ECDC). He cited the primary purpose of a single-family residence and
the various criteria for home occupation permits. Mr. Bennett then queried Dr. Lagos regarding
his dental practice and office at 8505 Talbot Road. Dr. Lagos affirmed that he has met all of
the criteria for a home occupation permit. He testified that the noise level of the compressor
at the property line between his home and Mrs. Bishops is beneath the maximum recommendation for
residential to residential (38 decibels) and could be compared to one and a half times the noice
level of rustling leaves (20 decibels). Mr. Bennett said that there have been objections to the
EDMONDS CITY COUNCIL MINUTES
Page 3 JANUARY 21, 1986
granting of this permit because because. do not want to create a precedent. He said if the Coun-
cil did not wish to create a precedent, then the Code should be changed. Mr. Bennett provided
seven exhibits during his presentation.
Mayor Naughten stated that Exhibits 1 through 7 were available for public review, and they were
placed on a table in front of the audience.
Evelyn Bishop, 8427 Talbot Rd., said she and her husband were opposed to the granting of the
permit because the applicant did not meet all of the.criteria of the ECDC; that the granting of a
permit would allow the entry.of a professional business into the neighborhood which is not zoned
for business. A home occupation permit would set a precedent that would allow professionals to
obtain permits to already -established businesses from a single-family residence, which would, in
turn, allow a commercial atmosphere to development into what is a high -quality residential neigh-
borhood. Ms. Bishop said if they wished to sell their home in the future, a commercial atmo-
sphere would have an adverse effect on the sale of their..waterfront view property. She presented
the Council with petitions containing 128 signatures of property owners in Talbot Park who are
opposed to the granting of the permit (Exhibit 8).
Deloris Westerlind, 8498 Talbot Rd., said she moved to Talbot Road to enjoy the benefits of a low -
density residential neighborhood. She does not feel that a dentistry practice is compatible in
any residential area and.is opposed to the granting of the permit. She said the appellant has
not complied with the requirements of the Washington Administration,Code; nor has he obtained
approval of the electrical wiring in his dental office. Ms. Westerlind submitted publications
from the Fraternal Order of Eagles and the Saint Demetrius Greek Orthodox Church which included
Dr. Lagos' advertising of his dentistry (Exhibits 9 and 10).. She said if the Council granted the
permit, it would set a precedence of free reign to any and all kinds of business in a residential
area.
Ted Westerlind, 8498 Talbot Rd., said he was opposed to the granting of the permit. He said
prior to applying for the permit in September, Dr. Lagos conducted business out of his home five
days a week, and two employees worked for him on a regular basis. The Planning Board advised Mr.
Westerlind to monitor traffic going to and from Dr. Lagos' home. He submitted as exhibits a a
photograph of the Lagos residence from ,his House (Exhibit 11) and alist of vehicles going to and
from the dental office.
June Boes, 8620 Talbot Rd., said she was -opposed to the granting of the permit.
Mark Simons, 8112 Frederick Pl., said he practiced dentistry and orthodontics in Seattle. He was
concerned about this issue both as a professional and. as a member of the community. He said he
Felt it was inappropriate to. maintain a dental office in a residential setting. The square foot-
age issue was important because the productive space in a typical dental office is only 50% of
the gross space; therefore, Dr. Lagos' testimony that his office is 570 sq. ft. could, in actuali-
ty, be compared to 1,000 sq. ft. The fact that there are two dental chairs in Dr. Lagos' office
does not suggest to him a low-key practice but, rather, is designed for maximum production of one
peson. Dr. Simons said he did not see how a modern dental office could operate without the help
of an assistant. Additionally, there is a real potential for inviting crime into the neighbor-
hood because of the type of practice that would.be allowed if the permit were granted.
Lothar Biermanski, 8129 Frederick P1., said he was opposed to the granting of the permit for the
various reasons stated previously. He said if someone ascertained that they were in violation of
an ordinance, the prudent, law-abiding approach would be to cease and desist until the appropri-
ate licenses or variances were obtained. He said he did not give much credence to Dr. Lagos'
testimony because he has not complied thus far with City Code.
Eric Thuesen, 8430 Talbot Rd., said the residents of Talbot Road would like to maintain its resi-
dential nature. Dr. Lagos does not meet the criteria. Mr. Thuesen said he was a builder by
trade. He refutted Dr. Lagos' testimony regarding the noise level of the compressor.
Steve Penrose, 8500 Talbot Rd., said he is a landscaper. He said people do not bring their yards
to his home to be landscaped or maintained. There is a big difference between his business and
Dr. Lagos'.
? Finis Tupper, 711 Daley St., said he is opposed to the granting of the home occupation permit as
proposed by the applicant and hoped that the Council would uphold the Hearing Examiner's and Plan-
ning Department's decision. The granting of such a permit is a special privilege. He said the
burden or proof is upon the appellant, and Mr. Bennett has proven that he does not meet some of
the criteria.
Sam Feldon, 8415 Talbot.Rd., inquired why there are professionally zoned areas if .the type of
home business is allowed in a residential zone, as proposed by.Dr. Lagos.
EDMONDS CITY COUNCIL MINUTES
Page 4 JANUARY 21, 1986
J.P. Bernam, 17201 Sealawn Pl., said he felt the citizens of Edmonds were at a disadvantage in
representing their interest because they did not have the legal expertise that Mr. Bennett has.
William Harold, 8311 Frederick Pl., requested the Council to permit a standing vote of expression
of those in the audience who requested denial of the appeal. Mr. Snyder said because this proce-
dure is a quasi-judicial hearing, it is a matter to be decided upon the evidence and not on
votes. However, the Council has the discretion to accept whatever evidence is submitted. He
cautioned the Mayor that this is a hearing and not a legislative matter to be determined by.vot-
ing. Mayor Naughten denied Mr. Harold's.request.
J.P. Bernam, previously identified, said that the evidence that Mr. Bennett submitted in regards
to the square footage of the dentist office is "bologna" and took up valuable time. He said the
property owners purchased their homes on Talbot Road because they wanted to enjoy a residential
neighborhood. He asked the Council where the line would be drawn if Dr. Lagos is permitted to
operate his business out of his home.He compared the future of the neighborhood to a business
area such as 196th Street in Lynnwood if businesses such as Dr. Lagos' are permitted to operate
in a residential zone.
Mr. Bennett said the duty of the Council was to uphold the laws that have been created. He said
the Council had a right to amend them but could not make an exception with the issue before them
now. Mr. Bennett queried Dr. Lagos regarding several statements made by residents who offered
their opinions this evening. Dr. Lagos rebutted their testimony. Mr. Bennett maintained that
Dr. Lagos met the criteria for the home occupation permit. .
* Mr. Bowman said in reviewing Dr. Lagos.' application, the primary issue the Planning Board dis-
cussed was the compatibility of dental equipment in a residential environment. It was concluded
that the equipment was not compatible and did not comply with the review criteria.
Councilmember Dwyer asked Mr. Bowman .what comprised a trip with reference to the traffic crite-
ria. Mr. Bowman said a vehicle trip would be counted as in and out of the site. Councilmember
Dwyer asked for clarification of the statement, "shall not generate any more traffic than is nor-
mal for a single-family residence in the neighborhood". Mr. Bowman said the standard for vehicle
trips generated by a normal single-family residence ranges between seven to ten trips per day.
Councilmember Dwyer inquired how it could be determined that Dr. Lagos' practice would generate
more than that. Mr. Bowman said traffic would have to be monitored. Councilmember Dwyer in-
quired what the sale of goods comprised. Mr. Bowman replied the sale of some type of commodity
at the premises. Councilmember Dwyer inquired if it was the Staff's position that dental work is
a sale of goods. Mr. Bowman said he would consider it as a sale of goods. However,'the defini-
tion of sale of goods was rendered by the Hearing Examiner and had not been used by Mr. Bowman in
his determination at the Staff level.
Councilmember Kasper asked Mr. Bowman if lie was aware of any conditional use permits that have
been granted to semi -retired doctors in the City. Mr. Bowman replied negatively. Councilmember
Kasper asked if there is an expiration (late for a conditional use permit. Mr. Bowman replied
negatively. He said the only requirement is to be in compliance with the terms of the home occupa-
tion permit and to keep the small business licence current. Planning Division Manager Mary Lou
Block noted, however, they are not transferable from location to location.
Mayor Naughten closed the public portion of the hearing.
Councilmember Ostrom referred to the information the Council was provided with this evening. He
said the hearing should be continued so the Council has an opportunity to review the informa-
tion. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO CONTINUE THE REVIEW PRO-
CESS OF THE HEARING TO FEBRUARY 4, 1986. MOTION CARRIED.
J.P. Bernam, previously identified, requested that he be allowed to review the exhibits which
were entered as part of the record tonight. Mr. Snyder stated that the Mayor had announced that
all exhibits were available for review and comment prior to public testimony. Mayor Naughten
said the exhibits would be available for public review at 505 Bell Street between now and Febru-
ary 4, 1986. Councilmember Hall clarified that Mr. Bernam had additional comments for the
record. Councilmember Dwyer stated the hearing had been closed. The only reason that it is
being continued is that Councilmembers requested time to review additional documents that were
submitted tonight. He said lie didn't think it would be fair to either side to reopen public
input. Councilmember Jaech requested legal clarification. She said the motion was made to contin-
ue Council discussion and decision and, therefore, the meeting will not be posted as an open
hearing. Councilmember Ostrom clarified the hearing process. Councilrember Hall stated if,
after the Council reconvened, they felt additional public input was necessary, another hearing
date could be set and would be publicized. An unidentified gentleman at the rear of the room
inquired how the Council would review the verbal testimony by the public. Mayor Naughten said
that the hearing had been tape recorded, and the tapes were available for review. A question
* See February 4, 1986 Minutes. EDMONDS CITY COUNCIL MINUTES
Page 5 JANUARY 21,.1986,
I
from the audience asked if the appellant could continue his business while the matter was contin-
ued. Mr. Snyder said the City has had a long-standing policy that when an individual has made
application, the City does not pursue prosecutor -seek injunctive relief.. Councilmember Jaech
inquired if the letters that Councilmembers received tonight should.be.made part of the public
record. Mr. Snyder stated if members of the Council received ex parte communications, they
should so indicate and a copy should be given to the City Clerk and Mr. Bennett. Councilmember
Jaech said they were submitted by the City Clerk.
The meeting recessed at 9:30 p.m. and reconvened at 9.:40 p.m. Councilmember Nordquist left the
meeting.
Mr. Snyder stated the Appearance of Fairness Doctrine requires that when a Councilmember receives
an ex parte communication, the Councilmember must place on the record the substance of the writ-
ten or oral communication. The second part.of the statutory test requires that a public announce-
ment is made of the contents, and the parties are given an opportunity to rebut or address those
communications. Peter Bennett said he, reviewed the letters and they appear.to be irrelevant and
do not have any relevancy on the criteria which -is.used to decide home occupation permits. He
said the comments in the letters that Dr. Lagos operated his business prior to application for a
permit should have no bearing on the Council's decision to issue a permit. Councilmember Dwyer
asked Peter Bennett if he agreed that there was nothing in the letters that was not also con-
tained in the public testimony. Peter Bennett concurred.
Mr. Snyder said the record consisted of several requests to take official notice .of Chapter
16.20, 20.20 and Section 21.30.010 of the ECDC. Reference was made to Map Exhibit 12-A, which is
already part of the record on appeal. Exhibit 1-picture of Lagos house; Exhibit 2-picture of
compressor; Exhibit 3-letter from Northwest Laboratories; Exhibit 4-compilation of conditional
use permits; Exhibit 5-affidavit regarding waste, Exhibit 6-Notice of decision on home occupa-
tion, CU-42-84; Exhibit 7-supplemental brief; Exhibit 8-petition of neighbors; Exhibit 9-magazine
ad from Eagle Eye; Exhibit 10-magazine ad from the Saint Demetrius publication; Exhibit 11-pic-
ture of Lagos house from Westerlind property; Exhibit 12-list of vehicles observed by Mr.
* Westerlind. Also referenced were five letters received by the City Clerk marked "A" through "E"
as ex parte communications.
HEARING ON PLANNING BOARD RECOMMENDATION TO AMEND CHAPTER 15.38 OF COMMUNITY DEVELOPMENT CODE
ADDING NEW DEFINI I N. FOR BULKHEADS GRO N , TTIES AND LANDFILLS
COC-3-85
Planning Division Manager Mary Lou Block gave background information. Ms. Block reviewed the
amendments to the shoreline master program. Councilmember Ostrom asked why the definitions were
not included in the definition section. Ms. Block said they were included in the shoreline pro-
gram and will be incorporated in the Code. Councilmember Jaech stated that the definitions in
the Code are universal. However, the definitions to the.shoreline program are particular only to
the shoreline program. Ms. Block concurred. Councilmember Kasper asked why the shoreline land-
fills were not cited under definitions. Assistant City Planner Duane Bowman stated in a recent
meeting with Olympia officials, they suggested_ that definitions be contained in the review crite-
ria because that is where people are dealing with them specifically when they are working on a
project.
Mayor Naughten opened the public portion of the hearing. No one wished to speak. Mayor Naughten
closed the public portion of the hearing.
COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE PLANNING BOARD RECOMMEN-
DATION TO AMEND CHAPTER 15.38 OF THE EDMONDS COMMUNITY DEVELOPMENT CODE AND DIRECT THE CITY ATTOR-
NEY TO PREPARE THE NECESSARY ORDINANCE. MOTION CARRIED.
REPORT ON BIDS RECEIVED FOR SALE OF CITY PROPERTY AT 200TH AND 84TH, AND AWARD TO JOHN GILBERT
C N R I N ($30,1GU
Community Services Director Peter Hahn gave background information. Only one bid had been re-
ceived. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ACCEPT THE BID AND THE
FUNDS BE PLACED IN THE IMPACT FUND. Councilmember Hall asked for clarification of the Impact
Fund. Administrative Services Director Art.Housler said the money would be put in Fund 006.
MOTION CARRIED.
Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL -
MEMBER JAECH, TO EXTEND THE MEETING .NOT TO EXCEED 30 MINUTES. MOTION CARRIED.
MAYOR
Mayor Naughten referred to last week's Council meeting which included discussion of the Visitor
Information Center subscription of $2,500. He recommended that the money be derived from the
$33,955 in the Conventional Performing Arts Fund and not from the $4,500 in the Tourism Committee
* See February 4, 1986 Minutes. EDMONDS CITY COUNCIL MINUTES
Page 6 JANUARY 21, 1986
Fund. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBE.R HALL, TO APPROVE THE MAYOR'S RECOMMEN-
DATIONFOR A ONE-YEAR PERIOD. Councilmember Wilson said the Conventional Performing Arts budget
was the most logical source to take the money from. He inquired about the time limitation.
Councilmember Kasper said in light of the impasse, he thought it would be proper to approve the
Mayor's recommendation this.year but to investigate the issue next year. MOTION CARRIED.
Mayor Naughten reminded the Council that the Snohomish.Couhty Council Committee of Cities and
Towns is meeting Thursday night in Marysville.
He said an exhibit of the Puget Sound water quality is on display from the Science Center at the
Frances Anderson Center from January 20 to January 31.
COUNCIL
Council President Hall noted that the A.W.C. conferences will be held on February 12 and 13 at
the Tyee. Topics of discussion are: liability insurance, tort reform, reorganization of State
government, and water quality..
She said the Council's resource person has been asked not to attend committee meetings because of
her heavy schedule.
Council President Hall reminded the Council that the Retreat is approaching. April 18 and 19 or
April 25 and 26 were dates available in Sudden Valley. COUNCILMEMBER KASPER MOVED, SECONDED BY
COUNCILMEMBER OSTROM, TO HOLD THE RETREAT LOCALLY. Councilmember Wilson asked for clarifica-
tion. Councilmember Kasper recommended to schedule meetings on Friday and Saturday at Pantley's
or someplace similar. Council President Hall stated that the motion and second may wish to be
withdrawn to await further discussion by a full Council. Councilmember Wilson inquired why the
retreat should be held locally. Councilmember Kasper said it was time consuming to travel out of
town. Councilmember Ostrom stated the City could save money by holding the retreat locally.
Councilmember Wilson said one of the benefits of having the retreat out of town was the Council
could engage in uninhibited discussions. Mayor Naughten concurred. Councilmember Dwyer stated
there should be full Council discussion to decide this issue. Councilmember Kasper withdrew the
motion.
COUNCILMEMBER JAECH MOVED TO CONFIRM, SECONDED BY COUNCILMEMBER DWYER, THE MAYOR'S APPOINTMENT OF
DEAN NORDQUIST TO THE ALTERNATE POSITION ON THE PLANNING BOARD, TERM TO EXPIRE DECEMBER 31,
1989. MOTION CARRIED.
Councilmember Ostrom said he received a call Saturday from a citizen complaining about water on
her lawn after the heavy rainstorm. This same individual inquired if the City would acquire the
pool at the Y.M.C.A. Mayor Naughten said he and Mr. Simpson are going on a tour of the Y.M.C.A.
•Friday morning.
Councilmember Kasper asked what the purpose of the Sister City relationship was, Mayor Naughten
said several citizens in the community are interested in making contact with other cities and
have formed a committee. Councilmember Jaech requested that a public hearing be held if a recom-
mendation comes back from the committee so the entire community can participate.
Councilmember Kasper requested that the Community Services Pump Station #7 be placed on the Commu-
nity Services Committee Agenda to discuss the possibility of a surcharge.
Councilmember Kasper said the storm.drainage study may have to be accelerated rather then wait
until after the water resource study due to the increase in precipitation. Councilmember Ostrom
concurred. Community Services Director Peter Hahn said Staff would be discussing this issue in
part at next Tuesday's Community Services Committee meeting. He prompted Councilmembers to at-
tend the meeting.
Councilmember Kasper requested to be excused from the January 28 and February 4 Council meetings.
The meeting adjourned at 10:29 p.m.
JAC UELINE G. PARRETT, City Clerk
LARRY S. NAUGHTEN, Mayor
EDMONQ$..,ITY.COVNCIL..MINUTES
Page 7 JANUARY 21, 1986