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07/22/1986 City CouncilEDMONDS CITY COUNCIL MINUTES SPECIAL MEETING JU.LY 22, 1986 A special 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- Iute. PRESENT STAFF PRESENT Larry Naughten, Mayor Jack, Weinz, Fire Chief John Nordquist Mary Lou Block, Planning Div. Mgr. Steve Dwyer Bob Alberts, City Engineer Laura Hall Peter Hahn, Comm. Svcs. Director Jo -Anne Jaech Scott Snyder, City Attorney Bill Kasper Jackie Parrett, City Clerk Lloyd Ostrom Margaret Richards, Recorder Jack Wilson Nigel Euling, Student Rep. rnmCMIT ArrmnA COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL _(B) APPROVAL OF MINUTES OF JULY 15, 1986 (C) AUTHORIZATION TO SURPLUS 1983 FORD STATIONWAGON (FIRE DEPT.) (D) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM LEE A. AND DOROTHY HOLLEY ($25,750; THE MAYFIELD CONDO ASSOCIATION ($701.35); AND JEFFREY L. BUTCHER (UNDETERMINED AMOUNT) (E) SET DATE ON AUGUST 19, 1986 FOR HEARING ON HEARING EXAMINER RECOMMENDATION ON PROPOSED 6 LOT SUBDIVISION AT APPROXIMATELY 1126- 2ND AVE. S. (P-3-86/BOLLINGER CONSTRUCTION) (F) SET DATE ON AUGUST 19, 1986 FOR HEARING ON HEARING EXAMINER RECOMMENDATION TO REVISE REQUIRED SETBACKS IN THE PLANNED RESIDENTIAL DEVELOPMENT OF MEADOWDALE HEIGHTS AT APPROXIMATELY 16400 - 68TH AVE. W. (PRD-1-84/CEDAR DEVELOPMENT CORP.) (G) SET DATE ON AUGUST 19, 1986 FOR HEARING ON PLANNING BOARD RECOMMENDATIONS TO AMEND THE COMMUNITY DEVELOPMENT CODE REGARDING ESTABLISHMENT OF SETBACKS FOR ACCESSORY SWIMMING POOL STRUCTURES; PROHIBITING CERTAIN TYPES OF COMMERCIAL USES AS HOME OCCUPATIONS; PRO- HIBITING TRAILER SIGNS; AND CHANGING THE DEADLINE FOR SCHEDULING HEARINGS ON APPEALS OF STAFF DECISIONS (CDC-1-86/CITY OF EDMONDS) (H) APPROVAL OF CONTRACT WITH JACK SERWOLD FOR MARINE RESEARCH AND EVALUATION SERVICES RELATED TO BRACKETT'S LANDING AND OTHER WATERFRONT NEEDS ($2,000) HEARING ON RECOMMENDATION OF HEARING EXAMINER REGARDING APPEAL OF MITIGATED DETERMINATION OF r ML.LI PI I IYARI rLA1 r—u—O'4 AIVu t u—ic—OJ AI 11Uu WALL rL. kLAJI yr VL wir IL. AYL. AI ULLN JI ) tArrLL— LAN S: SHEPHERD, ET AL; H R RICH; MCCORMI K; AND HUMOLA/AP-4-86) Mayor Naughten noted that the appellants and applicants have been .appraised of the time parame- ters of the hearing. Councilmember Ostrom said he felt it would be impossible to hear this issue and make a decision in a three-hour time period given the number of exhibits and complexity of the issue. Mayor Naughten said the Council has the authority to extend the time period by a vote. He noted that the applicants and appellants were informed of the time limitations and asked to call the City if it was not amenable to them. Councilmember Kasper said he would like to peruse the exhibits. Councilmember Jaech inquired if the issue before the Council at the present time is strictly to determine if an Environment Impact Statement (EIS) is necessary. City Attorney Scott Snyder replied affirmatively. He said the SEPA provides a structure for providing information to the Council in reaching a decision on a preliminary plat of a subdivision and requested variances. The Hearing Examiner's recommendation covered only the SEPA portion --whether or not the Staff's declaration of nonsignificance was adequate and whether an EIS should be prepared. Mr. Snyder said that State statute regarding subdivisions provides that the Council is to make its decision based on the recommendation of the Hearing Examiner when it has adopted the struc- ture. The Council is, at the present time, reviewing the adequacy of the environmental documents that are contained in the record and is to determine whether or not further information is neces- sary before it can decide on the adequacy of the Staff's determination of nonsignificance. Mr. Snyder noted that there are three options before the Council: 1) the issue will be remanded to Staff if the Council follows the Hearing Examiner's recommendation, 2) proceed to hear and determine all of the environmental issues and make a determination of whether or not the Staff's determination of nonsignificance should be upheld, 3) overturn and remand the issue to Staff for preparation of an EIS. Councilmember Jaech inquired if there are specific factors that the Council should address regard- ing an EIS in determining whether or not an EIS is required and whether or not the Staff's deter- mination is adequate. Mr. Snyder said unlike a de novo hearing, the Council is required in SEPA reviews to give substantial weight to Staff's determination. Although the Council is not bound by Staff's determination when weighing the evidence, the Council is required to give it substan- tial weight. The Council, he said, is reviewing the adequacy of the environmental information that has been presented to it to use in its substantive decision on the preliminary plat. Coun- cilmember Jaech inquired if RCW provides guidelines to aid the Council in determining if the information is adequate. Mr. Snyder said the purpose for which the Council would gather the environmental information is not a decision -making process but, rather, procedural phase steps to provide the Council with information to consider the preliminary plat. The Council should look at whether or not conditions exist that would require mitigation or denial of a project based on environmental factors. He recommended that the Council take into consideration what information it does not have that is not contained in the record as it goes through the hearing process so it can direct the Staff in a motion to gather information for further studies, if necessary, or what information the Council requires that is not currently contained in the record that an EIS would review. Mr. Snyder said an environmental review is designed to identify significant environmental impacts and to provide information to the Council when it reviews the plat regarding which mitigating conditions the Council may put on the plat or whether or not such a serious question exists that the plat should be denied on that basis. To use that information, Mr. Snyder said the Council is referred to its Comprehensive Plan and the general provisions regarding zoning issues. He said the City's Comprehensive Plan is incorporated into the SEPA process so the Council can consider environmental information in light of the Comprehensive Plan and its provisions. Councilmember Ostrom noted that a portion of Section 20.15A.240E of the Edmonds Community Develop- ment Code (ECDC) states: "All relevant evidence shall be received during the hearing of the appeal, and the decision shall be made de novo. The procedural determination by the City's re- sponsible official shall carry a substantial weight in any appeal proceeding". Councilmember Ostrom said he felt the proceeding before the Council, according to the ECDC, should be a de novo hearing. Mr. Snyder concurred. He said the evidence received by the Hearing Examiner will be available to the Council in making its decision. Because of the length of the record, Mr. Snyder said it has been his recommendation that the parties make arguments and refer the Council to the record. Councilmember Hall said this issue is one of the most confusing procedures that has been before the Council. She said she felt it was an unwise use of taxpayers' dollars to have the City Attor- ney present at the hearing prior to presentation to the Council. She expressed concern regarding the lack of information that the Council received in its packets. Councilmember Hall asked why this issue went through SEPA environmental review. Planning Divi- sion Manager Mary Lou Block said there were significant questions regarding water, noise, wet- lands, as well as a number of questions that were raised during the process which led to a great deal of discussion. Councilmember Hall said thirty-six hours of testimony on this issue was ludicrous. EDMONDS CITY COUNCIL MINUTES Page 2 JULY 22, 1986 Councilmember Kasper questioned why the Hearing Examiner did not complete his decision. He said he did not understand why this issue was before the Council. Mr. Snyder said the Hearing Examin- er, by not deciding the preliminary plat or variance from street width, has placed the Council in a position of having to hear the SEPA issue first because the Council does not have the authority to proceed on the plat until the Hearing Examiner has made a decision and recommendation on it. Mr. Snyder urged the Council not to be reluctant to hear the arguments and then delve into the evidence. He said the process is similar to the way a superior court judge would review a Writ of Certiorari appeal from one of the Council's decisions. Councilmember Jaech inquired what documents the Council should peruse in order to make a deci- sion. Ms. Block noted that Staff had many documents in their possession. Mr. Snyder also noted that he had many documents in his possession. He recommended if the Council had a strong feeling at the end of the hearing that it could make a decision on the Hearing Examiner's recommendation and consider that tonight because of the length of time that the matter has been in process; if the Council is going to make a final determination whether or not the declaration of nonsignificance is complete and provides the Council with adequate information, tie recommended that the Council put this matter over and take some time to review the various exhibits. Councilmember Hall referred to Hearing Examiner Driscoll's memo dated July 11, 1986, second para- graph, as follows: "At this time I am submitting my recommendation for the SFPA appeal. My recommendation is for additional environmental information of the noise impact of the proposed subdivision". Mr. Snyder said the Hearing Examiner feels that the studies that had been prepared are lacking in certain respects. And in order for the Hearing Examiner to properly make a final recommendation to the Council, he would require more information. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NOROQUIST, TO REMAND THE PROPOSED PRELIMINARY PLAT P-6-84 AND CU-12-85 AT 1100 DALEY PLACE (EAST OF OLYMPIC AVENUE AT GLEN STREET) TO THE HEAR- ING EXAMINER FOR FURTHER CONSIDERATION. Mr. Snyder noted that the Hearing Examiner requested further studies. He inquired if Councilmem- ber Hall would prefer that the studies be conducted by the Hearing Examiner or by Staff. Council - member Hall recommended that the issue go through another hearing process. However, she said if Mr. Snyder recommended that it be remanded to Staff, she would agree. Councilmember Jaech said she interpreted the Hearing Examiner's memo of July 11, 1986 as a re- quest for more information to complete his decision regarding the noise impact. She inquired: 1) how the Council could make a determination to deny that SEPA is or is not adequate considering that the issue is still before the Hearing Examiner, 2) if the Council will jeopardize or enhance the Hearing Examiner's Decision if it takes action tonight. Mr. Snyder said as he read the Deci- sion, the Hearing Examiner lacked information and could not proceed. He said he did not think the Council would jeopardize the Hearing Examiner's Decision. The process would be properly remanded to Staff to gather information through the applicants which would then be forwarded to the Hearing Examiner. A continued hearing would probably be held, and the Hearing Examiner would incorporate the information into his recommendation and send the Council a revised recommendation. Mr. Snyder said the SEPA process provides for only one appeal, and that is procedurally why the process goes through various levels. Councilmember Jaech inquired if there was not an appeal process to the Council when the Hearing Examiner has rendered his decision. Mr. Snyder said the issue would automatically come back to the Council. Councilmember Ostrom recommended that the Council hear the issue tonight even though it may re- quire continuation. He referred to a letter from Derrill Bastian which indicated that he would be discussing the noise issue. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCIL - MEMBER KASPER, AND COUNCILMEMBER NOROQUIST IN FAVOR AND COUNCILMEMBER DWYER, COUNCILMEMBER OSTROM AND COUNCILMEMBER WILSON OPPOSED. Mr. Snyder noted that the Appearance of Fairness Doctrine requires that written or oral communica- tions are revealed on the record if Councilmembers have received communications since the date the application was filed. He recommended that any communications be entered into the record at the present time. EDMONDS CITY COUNCIL MINUTES Page 3 JULY 22, 1986 Mr. Snyder clarified for the public that the Council. made a threshold determination, based on the Hearing Examiner's recommendation, that more testimony is needed. He said the Council has remand- ed the issue to Staff to gather more information which will then be submitted to the Hearing Examiner. The Hearing Examiner will hold a hearing and submit his Findings to the Council. Councilmember Ostrom recommended that the Hearing Examiner provide more detailed information in the future regarding what facts and information he relied on in making his Decision when he sub- mits his Decision to the Council. Mr. Snyder recommended that that request be made in the form of a motion. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT WHEN THE HEARING EXAMINER RENDERS HIS RECOMMENDATION TO THE COUNCIL THAT IT BE COMPLETE, I.E., THAT THE SPECIFIC DECISION CRITERIA THAT HE RELIED UPON ARE CONCISE AS TO WHAT EVIDENCE HE DEEMED RELEVANT OR IRRELEVANT IN MAKING THAT DETERMINATION. MOTION CARRIED. Councilmember Nordquist requested that Staff contact the Council President regarding the evidence on file at the Council's office regarding this issue so that the Council may review it in a me- thodical system prior to the hearing. Mayor Naughten concurred. Mr. Snyder inquired if it would be helpful to the Council if Staff or a special hire marked the tapes in a general outline fashion when people's testimony began and ended, the general nature of the testimony, and attached footages so that Council could reference specific parts. Councilmember Dwyer reserved the right to reference the tapes after the hearing. MAYOR Mayor Naughten announced that tickets will be available for Edmonds Night at the Mariners on July 25th at the Parks & Recreation Department. Mayor Naughten noted that the utility questionnaire will be sent out this week. Mayor Naughten said he received a letter from Willis Tucker declaring July 21st through the 27th as Hire a Veteran Week and requested that people participate in the process. Mayor Naughten inquired if the Council had any questions regarding the memo on the Personnel Manager position. Councilmember Hall noted that this matter was set for discussion at the Dinner Work meeting next week. Mayor Naughten said he would like to settle the matter as soon as possi- ble so the City could advertise the position. Councilmember Dwyer said he was uncertain what the issue was because Councilmember Nordquist's concern that labor negotiations are included have already been addressed. Councilmember Ostrom said he did not think a Personnel Manager was need- ed to supervise two clerical positions, and he would take this issue up at the work meeting. Councilmember Jaech said she would not take any action tonight on this issue because she had anticipated discussing it at the dinner work meeting and had not reviewed the information yet. COUNCIL Council President Hall noted that Community Services Director Peter Hahn has requested that the Council submit questions, if any, regarding privatization of a secondary sewer treatment plant to the Council Assistant or himself. Council President Hall inquired if it was amenable to the Council to reschedule the September 16 Council meeting to September 15 due to the primary election. The Council concurred. Councilmember Kasper said he did not feel that the minutes reflect a balanced presentation. He asked who edits the minutes. City Clerk Jackie Parrett said the minute taker must use tier own discretion in interpreting the minutes. Ms. Parrett said she only reviews the minutes for spell- ing corrections, etc., and not for content. She said there have been instances when it was impos- sible to interpret certain conversations because they did not make sense. She suggested if a Councilmember felt that a portion of the minutes were not reflected in the minutes that should be, he/she request that it be included. Councilmember Ostrom said although there have been occa- sions when some of his thoughts were not included, he thought the minutes were very well pre- pared. He noted that the tapes are always available for review. Ms. Parrett said she EDMONDS CITY COUNCIL MINUTES Page 4 JULY 22, 1986 has been attending a seminar this week for city clerks. One clerk told her that the city she works for only inserts information regarding hearings because interpreting conversations has become very controversial. Councilmember Wilson said he thought the minutes should be verbatim when a Councilmember takes a position regarding a certain issue. He said some positions have been stated which were not reflected in the minutes. City Attorney Scott Snyder said he had reservations regarding Karen Utter's last two statements which were inserted into the minutes last week because they were not corrections but, rather, further information which Ms. Utter felt should be in the record which was not stated at the time of the meeting. He said the Council may sponsor additional statements if it so desires. Howev- er, he urged the Council to be cautious about injecting items through the minutes that were not part of the proceedings. Councilmember Kasper noted that the Findings of Fact which Mr. Snyder read into the record last week were not included in the minutes. Ms. Parrett said it is not necessary to include the full content of a document that is written out. Councilmember Kasper said he would prefer that they are included because he has nothing to reference before the Mayor signs the document. Councilmember Wilson announced that Maureen Des Rosiers was awarded $50 from the Suggestion Com- mittee for her suggestion of selling the UBC supplement at the counter for $45. Councilmember Jaech said several Councilmembers would like copies of the reprinted Community Development Code. Planning Division Manager Mary Lou Block said copies will be available next week. * Councilmember Jaech said several cities are conducting Parks & Recreation programming through privatization. She requested that the Staff submit information regarding this issue to the Coun- cil before the Personnel Manager position is filled. Community Services Director Peter Hahn said he would research the information. He expressed concern that the process of privatization may take several months, and the City is in need of a Personnel Manager in the near future. Councilmember Dwyer noted that in reviewing the Hearing Examiner's Findings he noticed that the Hearing Examiner had not been introduced to Bob Alberts. Councilmember Nordquist noted that amendments are made to minutes the following week in the fol- lowing week's minutes and not the minutes to which amendments are made. He requested that the last page of the minutes reflect that amendments will be made the following week. Councilmember Nordquist noted 'that the sewer pump station on the south end of Lake Ballinger broke down again. He inquired if the City of Edmonds could notify several city officials in Edmonds when a breakdown occurs who could then notify nearby residents. Councilmember Dwyer cautioned that notification should be clarified as a courtesy and not a responsibility of the City. City Attorney Snyder said he ascertained during the recess that Staff was not amenable to index- ing the Hearing Examiner tapes earlier referred to. He suggested: 1) prepare a verbatim tran- script by an intern or paralegal at a cost of approximately $1,000; 2) request that the Hearing Examiner, when reviewing the tapes, reference the testimony by date. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO ADJOURN THE MEETING. MOTION CARRIED. The meeting adjourned at 8:15 p.m. These minutes are subject to July 29, 1986 approval. JACQUELINE G. PARRETT, City Clerk *See Council Minutes of July 29, 1986 LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 5 JULY 22, 1986