01/06/1987 City CouncilTHESE MINUTES SUBJECT TO
JANUARY 13, 1987 APPROVAL.
E"ui.ONDS CITY CGUh1CIL h ;;jlTLt'
JANUARY G, 1987
The regular meeting of the Edmonds City Council was called 10 order at 7:60 p.m. by Mayor- Pro Tem
Laura. Hall in the Plaza Meeting ROCm ct the Edmond; Library. All present joined in the flag
salute.
PRESENT ABSENT STAFF PRESENT
Laura Hall, Mayor Pro Tem Larry Naughi:en, Mayor Mary Lou Block, Planning Div. Mgr.
Steve Dwyer Peter Hahn, Comm. Svc. Director
John Nordquist Bobby Mills, Public Wks. Supt.
Jo -Anne Jaech Dan Prinz, Police Chief
Bill Kasper Bob Alberts, City Engineer
Lloyd Ostrom Hal Reeves, Building Official
Jack Wilson Jack Weinz, Fire Chief
Teny Russell, Student Rep. Scott Snyder, City Attorney
Jackie Parrett, City Clerk
Margaret Richards, Recorder
Mayor Pro Tem Hall presided over the meeting ir the ahscnce of Mayor Ilaughten.
Mayor Pro Tem Hall noted a correction to L;re date oh the ag^_nda of January 6, 1986, which should
be the year 1937.
Fiayor Pro Tcm Hall introduced Studrnl; Rcprescntativr! Tor,, R!!,sel 1 from Woodway High Schrol.
CONSENT AGENDA
Items (B), (0), (F), and (I1) were removed frc;a the Conse.nL Agenda. COUNCILMEMBER JAECH ;SO''VED,
SECONDED BY COUNCILMEMBER NORD(,UIST, TO APPROVC THE I ALANCE OF THE CONSENT AGENDA. MOT(0;1 Cp;R
RIEO. The approved items on the Censcnt Agenda include the f0110:?in(J:
(A) ROLL CALL_
(C) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM JOH;N B. FLEMING ($1,774.87) AND
MERC EI_ J. KROEPLIN ($244.66)
(E) ADOPTION OF FINDINGS OF FACT AND CONC;.UST t!S OF LAW DENYING APPEAL OFF HEA«I'S
DECISION 'UPiiOLDING STAFF DE;l1AL OF BUILDING PERMIT AT 7100 - 158TH SF. S.W. (JOHN
PECK/A?-13-8G)
(G) AUTHORI7ATION TO POSiPONE HEARING 0a CONTRACT RE70,14E TO V RII_ 7, 1937 AND TO INITIATE
PROCEEDINGS TO CEASE ZONING VIOLATION (I31-1-86/01PANGRAZIO)
(I) ADOPTED ORDINANCE 2601. VACATING PORTION OF UNDEVELOPED R1G1jT-OF-WAY OF 31ST AVE W.
ADJACENT TO 8204 - 189TH i'I_. S.1d. (ST-2-16/TOM SNYD•ER)
(J) REPORT ON B([i5 OPE;`1.E(! -oCCEhil11, 23, 1986 FOR i987 i_(Q'JID CHLCRI;dE R1=(;U(REh1EiQIS 1, AWARD
OF CONTRACT TO JONES CHEMICAL. IN'11- {$30,390)
AP"ROVAL OF MINUTES OF DECEMBER 23, 1986 DIEM (B)_.C;( 111E CONSi:Nr AGENDA]
Councilmember Hall noted two corrections on iagc 5 as fciicws: Darrili Yokum is spelled
D-E-R-Y-L Y-0-C-0-14; Rick Lindsey is i-I-C-Ii.
Councilmember Jaech noted a correction: on page 2, paragraph 10. She said the wording was rot
exactly her sentiments. She corrected the .cording to say she had said in the past she would vote
against salary range increases. She also noted a correction on page 3, paragraph 1 as follows:
"Councilmember Jaech noted that she stated on the record last year that she would not vote in
favor of salary range increases".
Councilmember Kasper noted a correr.tio� on page 5, paragraph 7. Councilmember Kasper said he
recommended that funds be earmarked in the Building Maintenance fund to replace the .windows at
the Anderson Center as was.done for t.l;e roofs of the Police, Fire, and Community Services build-
ings.
COUNCILMEMBER KASPER MOVED,. SECONDED BY COUNCILMEMBER JAECH,. TC APPROVE. THE MINUTES AS AMENDED.
MOTION CARRIED.
ADOPTION OF FINDINGS OF FACTAND. CONCLUSIONS OF LAW REGARD11G NONCOMFORMING USE RIGHTS. FOR
PROPERiY AT 8339 - 212TH ST. S.W. AND APPLICATION AND INN ERPRETATION OF PROVISIONS OF CHAPTER
16.45.010 OF COMMUNITY DEVELOPMENT COUF R EARDING DRIVE-IN BUSINESS USES (RAINIER BANK/ DB-5 86
ITEM U ON THE CONSENT AGENDA
City Attorney Scott Snyder requested that the conversation betwc2cn him and Councilmember Jaech be
recorded verbatim.
COUNCILMEMBER JAECH: By passage of this Facts and Findings, Cnclusions of Law, does that mean
that if they don't get the station built and the pumps in and the tanks in the ground within the
current --within the time frame, being that it's a nonconforming use, they still can do it? Is
this a --
MR. SNYDER: In other words, it would not. affect the City's atility to challenge that they had
abandoned the use if they were to abandon their current permit application process; is that what
you're asking? If the current applicant--
COUNCILMEMBER JAECH: (Interposing) Because we have somethinq in our Code that if it is not
utilized within a certain time frame, then it is no longer consicered an existing use.
MR. SNYDER: That's correct. The applicant, in this case, hac filed their building permit re-
quest within the time. In effect, they're now--
COUNCILMEMBER JAECH: (Interposing) But they have to commence tuilding and utilization of it, is
what I'm--
H.R. SNYDER: (Interposing) That's correct. The;, can only proceed to build if we give them the
building permit, and they can't do that until t:ley go Lhrough the process.
COUNCILMEMBEP. JAECH: Right. But I'm. saying let's say they don't go through with it. They go
ahead --and there have been cases where people will got a buildirg permit, but they never commence
with the construction of the site. And we had several examples not too far down in the past --and
if they do not commence with it and the permit; then become! null and void, they no longer
have --this right is no longer vested in them, is what I'm asking.
MR. SNYDER: That's correct, as a legal proposition. Yes, ma'am.
COUNCILMEMBER JAECH: Okay. So by passage of this, we're not giving an ad infinitum item to that
piece of land if they do not do it.
MR. SNYDER.: I thought about that when drafting the Findings, and I guess my view would be that
the definition in our Code of a nonconforming use and its extinguishment isn't changed by your
decision. So if they abandon the use. --were to alter it by axpausion at some later date --the Code
would still co.—,.e into effect.
COUNCILMEMBER JAECH: The other comment that I had in reading :his that. is on page 4, paragraph
3, where we're talking about the statio7 and its expansion, r.he last sentence in there where
they're saying, "...and in almost every instance presents a reduction in the existing use", I
don't think I agree with that. That's not my definition. So I ,:ust wanted to voice that opinion.
COUNCILMEMBER HALL: Are you willing to stand on that, or did you want to rose it before 'the
Council for any further action?
MR. SNYDER: I think Ms. Jaech had voted against this in the fir!:t: place.
COUNCILMEMBER JAECH: No. i think the whole issue-- That was the first-- Everybody voted
against the first one when we first: made our first decision.. And I don't: ..think anybody voted
against it he second time.
EDMOiIDS CITY COUNCIL MINUTES
Payee 2 JANUARY 6, 1987
COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECII, f^v DELETE THE FINAL SENTENCE IN
PARAGRAPH 3 ON PAGE 4 OF THE CONCLUSJONS ,OF LAW, MOTION. CAi;I?JrD!
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILI-IEMBER JAECH, 1O APPROVE ITEM (D). Councilmem-
ber Jaech requested that the verbatim conversation between her and Mr. Snyder be included in the
motion. Councilmember Nordquist agreed. MOTION CARRIED.
AUTHORIZATION TO REROOF H.O. HUTT COTTAGE ($7,OOO) LJTEM (F) ON IHE CONSENT AGENDA]
Councilmember Jaech noted that two requests were proposed: ons for reroofing in the amount of
$2,000 and another expenditure of $2,100 for insulation. .Howevl!r, the memorandum to the Council
only indicated a $2,000 expenditure required and budgeted. Public Works Superintendent Bobby
Mills said the funds for insulation would be derived from rental monies. He said the Council had
earmarked a percentage of those funds in the past for maintenance of the buildings at Hutt Park.
Councilmember Hall. inquired if the rent has been increased. Community Services Director Peter
Hahn said upon completion of the repairs, rent will increase by $58 per month for the large house.
Councilmember Kasper inquired where the cost estimates were obtained from. Mr. Mills said he
obtained the reroofing estimate from a contractor. Ile noted that the quote was only an esti-
mate, and the actual expenditure may he less.
Councilmember Jaech inquired if the total expenditure requested will be derived from rental mon-
ies. Mr. Mills replied negatively. Ile said the expenditures for reroofing has been budgeted,
but the insulation will be funded from rental monies.
COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE $4,100 TO REROOF THE
H.O. HUTT COTTAGE AND INSULATE THE CEILINGS AT THE COTTAGE AND HOUSE. MOTION CARRIED.
PROPOSED RESOLUTION 652 INITJATING VACATION OF PORTIGN OF UVDEVELOPED RIGHT-OF-WAY OF 78TH
AVE. W. IN VICINITY OF 23627 - 78TH AVE. 41. ITEM H ON THE CONSENT AGENiT
Councilmember Nordquist noted that a clarification that the amendment will only occur betwee•1
236th and 238th Streets should be inserted in paragraph 3 on rage I of the Resolution so that
people do not think that 78th Street will be narrov"Co.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUCILMEMBER JAECH, THAT THE WORDS "BETWEEN 236TH
STREET AND 238TH STREET" AFTER THE WORD "AVENUE WEST" BE INSERTED. MOTION CARRIED.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, 1-0 APPROVE ITEM (H) AS AMENDED.
MOTION CARRIED.
AUTHORIZATION TO POSTPONE HEARING ON CONIRACT REZOFIE TO APRIL 7, 1987 AND TO INITATE PROCEED-
INGS TO CEASE ZONING VIOLATION! R-1-86/IIIPl1fIGItAZIO LlfFii (G ON_IHE CONSENT AGENDA
Councilmember Hall noted that Councilmember Ostrom has intended some discussion with respect to
Item (G) on the Agenda. She inquired if any action was required other than passing it on the
Consent Agenda. City Attorney Scott Snyder said the owner of the property is utilizing the prop-
erty for parking, which is a violation of the zoning ordinance. He said because the issue will
not be before the Co.:jncil for approximately 4 months, the Planring Department is seeking direc-
tion on whether or not the City should cease that use in the interim.
COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER JAECH, TO RECONSIDER ITEM (G).
Councilmember Jaech inquired if the posting of the hearing was done within the required time
parameter. City Clerk Jackie Parrett said the hearing has not been posted yet. Planning Divi-
sion Manager Mary Lou Block said there are no time parameters required for that type of action.
Councilmember Hall inquired if the intent of Councilmember Ost;rom's motion was to discuss Item
(G) at the present time. Councilmember Ostrom replied affirmatively.
MOTION CARRIED.
COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO POSTPONE THE HEAPING ON APRIL
7, 1987 WITH LEGAL ACTION TAKEN TO CEASE THE PARKING LOST USE.
FOHONOS CITY COUNCIL MINUTES
Page 3 JANUARY 6, 1987
Councilmember Dwyer inquired what action was contemplated befor? when the issue was scheduled to
be heard by the Council. Mr. Snyder said the Planning Board hal recommended a rezone. However,
the Planning Department recommended denial of a rezone.
Councilmember Dwyer questioned whether the City should expend resources in pursuing the issue
legally, taking into consideration that the owners will be out of town.until April and the action
could possibly be reversed when the hearing takes place.
MOTION CARRIED WITH COUNCILMEMBER DWYER AND COUNCILMEMBER KASPER OPPOSED.
AUDIENCE
Mayor Pro Tem Hall opened the audience portion of the meeting.
John Peck, 2404 - 234th Pl. S.W., Brier, said he was present: to request clarification of the
Council's decision to uphold the Hearing Examiner's decision that upheld a Staff decision to deny
a building permit at 74100 - 158th St. S.W. lie said he had specific questions that he did not
believe were answered at the hearing.
City Attorney Scott Snyder noted that the City Council adopted Findings of Fact which addressed
some of the questions which Mr. Peck had. He apprised vir. Peck that he would be receiving a copy
of the Council's decision in the mail. lie suggested that Mr. leek review it and then determine
whether or not to file an appeal.
Mr. Peck inquired if it was inappropriate at that time to request that his questions be
answered. Mayor Pro Tem Hall ruled his questions to be inappropriate at that particular time.
Councilmember Jaech noted that it is the policy of the Council that any citizen may voice a con-
cern during the audience portion of a Council meeting if it is r.ot scheduled on the regular agen-
da, but is has been the Council's policy not to discuss that particular issue at that particular
time because of the many items that were scheduled on the agenda. She recommended that Mr. Peck
submit his concerns in writing to the Council, who would take those concerns into consideration
in the near future.
Mr. Peck said he had a letter which contained ;his concerns. Cohncilmember Kasper inquired if the
Council could reconsider their action based on that letter. Mr. Snyder replied affirmatively,
noting that Mr. Peck would be mailed a copy of the Findings of Fact which answer some of the
questions he had. Mr. Peck submitted the letter to the City Clerk who, in turn, distributed
copies to the Council.
Dennis Russell, 23705 - 74th Ave. W., President of the Lake Ballinger Community Club, noted that
he appeared before the Council fourteen months ago with a request that the City assist the Club
in obtaining a moratorium from Mountlake Terrace to cease the shooting of waterfowl on Lake Bat-
linger.
Mr. Russell said a joint issues committee was formulated. Howe-er, the resolutions formulated by
the committee to control waterfowl were disregarded by the City of Mountlake Terrace, and the
committee was subsequently dissolved. lie said Mountlake Terrace has hired the Department of
Agriculture. The Department utilizes harassment methods to discourage waterfowl on the lake.
Mr. Russell requested the Council's support in encouraging citizens of Edmonds to exercise their
rights and voice their opinions regarding the control of waterfowl on Lake Ballinger.
Councilmember Hall inquired if the shooting of waterfowl has cea:;ed. Mr. Russell replied affirma-
tively. lie said the City of Mountlake Terrace is contemplating, however, the elimination of
habitats, destroying nests, and using chemicals on,the.golf cour!;e.
Councilmember Nordquist noted that the City Council is scheduledl to meet with the City of Mount-
lake Terrace at a work meeting on January 13. He suggested that the Joint Issues Committee at-
tend that meeting.
Councilmember Hall inquired if the Department of Agriculture has considered planting rushes or
other natural barriers to .discourage waterfowl from the shoreliri!.
Councilmember Dwyer suggested that the issue be placed on the January 13 Agenda with specific
wording so that people are specifically invited to attend.
EDMCiIDS CITY COUNCIL MiNUTES
Page 4 JANUARY 6, 1987
Sue Van Senus, 8010 - FBith S.W., expressed concern regarding the intersection at 218th
S.W. and 80th Ave. W.. She said that _,intersection .is ,a,,_foor-way intersection, and the stop
sign is constantly disregarded by dr-ivei-s.``She noted that Chase lake Elementary School is approx-
imately four blocks away. She expressed concern for the safet,, of the children walking past the
intersection on their way home.
Ms. Van Senus recommended that a traffic circle be installed at that intersection to deter cars
from running the stop sign. She requested that the issue be placed on a future agenda. She said
she submitted a letter to the City but has not received a response. Community Services Director
Peter Hahn said the Engineering Department has investigated the area and will address the issue.
Councilmember Hall inquired if Ms. Van Senus was aware of police enforcement in the area. Ms.
Van Senus said police do patrol the area.
Councilmember Jaech recommended that the issue be placed on tie agenda and that Administration
submit a report to the Council regarding progress in that area.;
City Engineer Bob Alberts said the issue will be discussed at a January work session. He said
the School District as well a petitioners are invited to attend.
Mayor Pro Tem Hall closed the audience portion of the meeting.
CONTINUED HEARING ON APPEAL OF HEARING EXAMINER DECISION REGA1DING ISSUANCE OF BUILDING PERMIT
AT 15810 - 75TH PL. W. GIL THIRY, OWNER APPELLANT: PETER HAHN/ AP-12-86 FROM
NOVEMBER 18, 1986
Councilmember Nordquist noted that the Council received a lE:tter through the mail from Kase
Vanden Ende. City Attorney Scott Sndyer stated that the Appearance of Fairness Doctrine
prohibits ex parte communications unless the substance of th? communication is placed on the
record. He suggested that a copy of the letter be submitted to the City Clerk to be entered into
the record and another copy be made available to the public. A copy was made available to the
public and marked as Exhibit #1.
In response to prior statements made by the appellant's attorney, Kimberlee McDonald, Communi-
ty Services Director Peter Hahn stated that Mr. Thiry is not being asked to stabilize the en-
tire Meadowdale area, only to submit a building plan t,,hich will mitigate the risk of slides ade-
quately.
Mr. Hahn noted that Section 19.00.020 does not supersede the Ui•iform Building Code (UBC) or Sec-
tion 19.00.010 Paragraph (1). Ile said that Section 19.00.020 dies, however, set forth the proce-
dural requirements for obtaining building permits in the Meadowdale area and that both the UBC
and Section (1) must still be fulfil.led.
Mr. Hahn said the City has not adopted a policy which allows applicants to substitute hold harm-
less and indemnification agreements for adequate mitigation of risks or designs.
Mr. Hahn said Mr. Thiry is not being asked to stop large, massive slides but is being asked
that the house be designed in such a manner that the risks from slides are minimal. He noted
that that has not been accomplished, according to Mr. Y,oloski's report and cannot be done. The
issue of affordability or cost was posed in the past. Mr. Halm said the Code was written with
safety factors taken into consideration and not economies.
Mr. Hahn said that Ms. McDonald had stated that Jack Whitely, the City's Plan Checker, had
stated that he felt a building permit should be granted. Mr. Hahn said that Mr. Whitely's
input is but one amongst the City's officials, noting that As;istant City Planner Duane Bowman
and Building Official Hal Reeves indicated to him that Mr. Whitely did not make that statement.
Kimberlee McDonald, 605 First Avenue, Suite 105, Seattle, attorney for the respondent, said
because the Council is acting in a quasi-judicial capacil:y, it must be familiar with the record
before the hearing Examiner and is charged with the duty of reviewing that record and analyzing
the evidence.
Ms. McDonald said because Mr. Bowman and Mr. Reeves had stated earlier that they were not ex-
perts with respect to structural or geotechnical inlormatior, the Council must look to Mr.
Koloski and Mr. Whiteley. She said Mr. Whiteley presente(. himself at the hearing before
EDMOJDS CITY COUNCIL MINUTES
Page 5 JANUARY 6, 1987
the Hearing Examiner, as well as on November 18, 1986, as an ecpert willing to testify with re-
spect to how the plans presented could stabilize the site.
Ms. McDonald said after reviewing tile evidence, the Hearing Examiner found: 1) that the site
development was sufficient to prevent .significant damage to the structure in the event of
large-scale earth movement; 2) that Mr. 7hiry was willing to sign any covenants, hold harm-
less, or indemnification agreements which the _City proposed, p,•ovided he did not sign away any
acts of negligence that the City had caused. Ms. McDonald said the Hearing Examiner is well
aware of the effects of hold harmless and indemnification agreements, and the fact that they can
be upheld. She cited court cases in which hold harmless and covenants.were upheld.
Ms. McDonald said the appellant raised the appeal based upon his feeling that the, reports sub-
mitted were inadequate. She said the appellant is essentially stating that the footings and
foundation are "too conventional". She said Staff has also speculated that Mr. Thiry is trying
to get away "cheap". Ms. McDonald said the footings to be placed on ,Mr. Thiry's residence
are conventional only in the sense that they will help reduce ally possibility of earth movement;
they are not conventional footings .in that they are very heavily reinforced. Ms. McDonald
added that a rigid foot flap will be placed on the property.
Ms. McDonald said she felt the comments made by Mr. Hahn and Mr. Reeves regarding the amount of
money that Mr. Thiry is placing are "out of line". She said Mr. Thiry has placed his trust
in the plans that have been designed, .and Mr. Koloski, in his reports, has stated that the work
that will be done is extremely technical and will provide for. some stability. She said the re-
port prepared by ter. Koloski for the Meadowdale LID states that the figures should be moni-
tored. She said that they have not, thus the effect of the LID to draw off water is unknown.
Ms. McDonald contended that the ordinance for the Meadowdale ,irea essentially states that the
City will issue permits if the applicant is willing to comply with the requirements. Mr.
Thiry, she said, agreed to comply with those requirements. She said the Hearing Examiner is
not usurping the City's policy -making role but, rather, very strongly acknowledging what the
Council has set forth as a policy.
Jon Koloski, Geo Engineers, inc., 2405 - 140th Ave. N.E., Bellevue, said he has had a great
deal of involvement with the iieadowdale area and, in particular, with the design for Mr. Thiry.
Mr. Koloski said everyone recognizes that there is risk of future landslide within the Meadow -
dale area. He said his investigation has proven to him without a shadow of a doubt that whatever
Mr. Thiry does with respect to the design that was submitted will not add to that risk but
will, in fact, reduce the risk of future landslide movement.
Mr. Koloski said the foundation system is specifically designed to avoid the type of risk that
may occur in a landslide area.
Mr. Hahn stated that the pizometer readings have beer menitorei in the Meadowdale area. Coun-
cilmember Ostrom inquired about the results. Mr. Hahn said much of the decrease in groundwater
occurred earlier and monitoring will continue.
Mayor Pro.Tem Hall opened the public portion of the hearing.
John Peck, 2404 - 234th Pl. S.W., Brier, said he has followed Lhe issue very closely. Ile said
if anybody deserves to be issued a building permit it is Mr. -"hiry, in his opinion. Mr. Peck
said Mr. Thiry has done everything possible to answer the CiLy's questions. He said he owns
property uphill from the subject property and feels very .omfortable with the design as
proposed. Mr. Peck said the proper development of individual lots which provide some reduction
to the hazard in the Meadowdale area Should be carefully considered by the Council.
Michael Lantz, lots 3 and 4, Block 28, Meadowdale Beach, noted that Mr. Koloski submitted a
report to the Council in 1979 which it relied upon in making decisions, as well as a report re-
garding the subject property. Mr. Lantz stated that if the Council believed Mr. Koloski in
1979, it should not discount him at the present: time. He su+Igested that the Council take Mr.
Koloski's recommendations very seriously.
Mr. Lantz said the City should seriously keep in hind that if it does not accept Mr. Thiry's
appeal, it will have "shot itself in the foot" because it recen;ly passed an ordinance disallow-
ing appeals raised by Staff in their capacity as City Officials.
EDMONDS CITY COUNCIL MINUTES
Page 6 JANUARY 6, 1987
Mr. Lantz said the statement made by Mr. Hahn which quoted Mr. Lantz as conducting investigations
for auger pilings that .would cost.$30,000 seriously bothered him. He said Mr. Hahn's comment
should be disregarded because it was totally improper and was not set forth for him or any inves-
tigative purposes but solely in discussions at the Citizens Committee meeting.
Bob Anderson, 7370 North Meadowdale Road, said it is very apparent that the sewer and drainage
systems have substantially improved the geological climate and decreased the hazards in the Mea-
dowdale area.
Mr. Anderson said he feels that Mr. Thiry has .submitted reasonable plans. He expressed concern
regarding a precedent being set if the Council upheld the appeal in that it may signal.a policy
that the Council will make it difficult for residents in Meadowdale to meet standards for build-
ing permits.
Mayor Pro Tem Hall closed the public portion of the meeting.
Councilmember Wilson asked Mr. Snyder his legal opinion regarding the hold harmless agreement.
Mr. Snyder said courts have shown a marked reluctance to assert an indemnification provision•
extorted by a public body as a requirement for a building permit in order to preclude liability
in hard and difficult situations. fie said in his view, an indemnification provision has value,
provided that the City has done its job. Mr. Snyder said if there is evidence that a site is un-
safe, then a house should not be built upon that site. In that; instance, he said the City would
be unable to avoid liability by obtaining a signed indemnification agreement.
Councilmember Kasper inquired of Mr. Koloski if it has been his experience in situations simi-
lar to the issue before the Council where stabilization is done as a whole or on an individual
basis. Mr. Koloski said in an area such as Meadowdale, a "mass area treatment" .is the most
effective program. However, the mass improvements do not have the same effect throughout the
entire landslide area. Fie said the elaborate dewatering system planned on the Thiry site will
contribute to the reduction of the water table. fie added that, in his opinion, the effectiveness
of local improvements with large-scale improvements were not directly comparable.
Councilmember Ostrom inquired about the probability of a slide within 25 years on the Thiry
site. Mr. Koloski said the probability of a landslide within 25 years in the Meadowdale area
was 90% in 1979. Based on the reduction in ground water content in 1983, the probability was
reduced to 30%. Mr. Koloski said with an increasing decline in water level, the probability
will continue to decrease. Councilmember Ostrom inquired what: the probability will be on the
Thiry site 10 years from now. Mr. Koloski said fie expected the probability would continue to
decrease but was unable to predict the level of that decrease. He said the level, however,
would never reach zero.
Councilmember Hall inquired about the number of residents who have not yet hooked up to the sewer
system in Meadowdale. Mr. Hahn said he believed less than 10 have not hooked up. He noted that
the City will be seeking a penalty of $10 per day, rather than $50 per year, to require hookups
from the State. Councilmember Hall inquired about the effect to the subject property by the
residents who are not hooked up. Mr. Hahn said Hydraulics Engineer Jerry Hauth's opinion was
that those residents who are not hooked up will not introduce a significant amount of water on
the hillside to affect stability. Mr. Hahn said his position is that any water than can be elimi-
nated from the hillside is a "plus". Councilmember Hall noted that a dripping garden hose has
been demonstrated to create hazards. Thus, it stands to reason that lack of septic tank hookups
would have a far greater impact. Mr. Hahn said the impact of a garden hose is dependent on the
duration that it is left on and the location.
Councilmember Kasper asked Mr. Reeves if he recalled the comments made at an earlier hearing by
Mr. Whiteley. Mr. Reeves replied affirmatively. He read a letter dated October 14, 1986 into
the record from Mr. Whiteley which stated, in essence, that he illustrated to the Hearing Exam-
iner that a sliding wedge of earth could encompass an area the size of a house and could displace
the entire residence causing severe damage and possible destruction of the residence.
Councilmember Ostrom inquired about the City's liability if it granted the building permit to
construct the home and it subsequently experienced earth movement, causing damage to it and the
owner claimed negligence on the part of the City because of lz;ck of sewer hookups regardless of
the fact that he signed a hold harmless agreement. Mr. Snyder said he would apprise the Court
that the City had done everything within its statutory authority to bring about hookups.
EDMONDS CITY COUNCIL MINUTES
Page 7 JANUARY 6, 1987
Mr. Snyder said one major issue isto be sure that the City has done everything that is reason-
able. He said liability should not be "the tail that wags this dog". The issue is whether the
site is safe or not.
Councilmember Ostrom inquired: 1) what percentage of liability the City would bear if a permit
was granted and damage subsequently occurred to that property a; a result of earth movement; 2)
who the defendants would be. Mr. Snyder said all parties involved in the development of the site
plans and process which led to the granting of the permit would be involved. Mr. Reeves quoted a
passage from a textbook from the University of Washington which is utilized in geology classes
which stated that sixty percent of Canadian homeowners who respinded to a survey considered them-
selves responsible for" loss to their homes and property from local mass -movements but fifty per-
cent of Canadian homeowners felt that the Federal or provincial governments were responsible for
losses due to major slides.
Councilmember Ostrom said the issue was difficult because of the conflicting opinions between
Staff and the geotechnical engineer regarding stability of the site. He said if the Council
determines that the site is safe to build on, it, then, should not concern itself about liabili-
ty. However, he expressed concern regarding the City's liabi"ity despite the Tort Reform Act
should earth movement occur and cause damage to the property.
Councilmember Wilson expressed disappointment that the Council has not yet received a report from
the Meadowdale Permit Process Committee which it established to aid the Council in rendering a
decision.
Councilmember Wilson said the issue is difficult because of the liability potential to the City
and the conflicting opinions by Staff and the geotechnical engineer. However, he said he would
support Staff's opinion because of the liability factor.
Councilmember Nordquist asked what the committee was charged w-th and if the Council requested
that a report be submitted. Councilmember Wilson said a time restraint of ninety days was
given. The committee was charged with finding a common ground in which the Council could pro-
ceed. Councilmember Nord.quist said it would only seem fair that the Council, should have called
that report forward. Councilmember Wilson concurred.
Councilmember Ostrom said the basic question before the Council was: Should the Council agree
with the Hearing Examiner's decision? He noted that the appeal states that the decision was
flawed, and the decision was based upon the hold harmless agreement and covenants. He questioned
if those documents would provide the City with adequate protectiol.
COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO UPHOLD THE APPEAL AND DENY THE
ISSUANCE OF THE BUILDING PERMIT ON THE BASIS OF INADEQUATE MITIGATION OF SLIDE RISKS.
Councilmember Kasper said he would vote to uphold the appeal because he felt the basis of the
appeal were justified to deny the issuance of a building permit.
Councilmember Ostrom said he did not like having to reject the application but felt that Staff
has followed procedures as set forth by the Council so the Council must uphold Staff's decision.
Councilmember Dwyer said he was convinced that the Hearing Eraminer.erred when she determined
that the permit should be issued simply because Mr. Thiry was willing to execute the proper
legal documents to indemnify the City. But he said on the other hand, he found Mr. Koloski's
statements to be persuasive.
Councilmember Dwyer expressed concern that the Council did not have before it a determination of
whether or not the Hearing Examiner was convinced that the testimony that Mr. Koloski, Mr.
Whiteley, Mr. Reeves, or other experts who testified was believable.
Councilmember Dwyer said he .did not believe the Council should deny the permit, given the posture
that the Council was in plus the strength of Mr. Koloski's testimony. He recommended that the
matter be remanded to the hearing Examiner for entry of Findings regarding the site stability
question.
COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO AMEND THE MOTION TO REMAND THE
MATTER TO THE HEARING EXAMINER FOR ENTRY OF FACTUAL FINUINGS WITH RESPECT TO SITE STABILITY QUES-
TIONS WITH THE DISCRETION LEFT TO THE HEARI14G EXAMINER AS TO WHETHER OR NOT TO CONVENE ANOTHER
HEARING.
.DMONOS CITY COUNCIL MINUTES
Page 8 JANUARY 6, 1987
Mr. Snyder cited a section of the Joiin Peck DecisionCouncil adopted earlier in the
evening. Ile noted that although the permit was denied, Mr. Peck may continue to update his infor-
mation without paying an additional fee as long as the application remains active. He said he
did not wish the implication to be made that denial to build based on the information before the
Council at the present time is a denial as to future evidence it may receive.
Mr. Snyder said if the permit was granted, the Council should word its Findings of Fact in a
manner in which it makes a finding on the stability issue, but that Staff continues to. proceed
within the UBC to work out the administrative details which were not addressed by the stability
of the lot or surrounding area.
Councilmember Hall inquired: 1) if Councilmember Dwyer agreed with the City Attorney; 2) if
Councilmember Dwyer wished to change the amendment. Councilmember Dwyer replied yes and no re-
spectively.
A ROLL CALL VOTE WAS TAKEN ON 1HE MOTION 10 AMEND. MOTION FAILED WITH COUNCILMEMBER DWYER, COUN-
CILMEMBER HALL, AND COUNCILMEMBER KASPER IN FAVOR AND COUNCILMEMBER JAECH, COUNCILMEMBER NORD-
QUIST, COUNCILMEMBER OSTROM, AND COUNCILMEMBER WILSON OPPOSED.
A ROLL CALL VOTE WAS TAKEN ON THE MAIN MOTION. MOTION CARRIED WITH COUNCILMEMBER JAECH, COUNCIL -
MEMBER KASPER, COUNCILMFMBER NORDQUISI, C:OUNCILMEMBER OSTROM, i1ND COUNCILMEMBER WILSON IN FAVOR
AND COUNCILMEMBER DWYER AND COUNCILMEMBER HALL OPPOSED.
Mr. Snyder said the Findings of Fact & Conclusions of Law will be made available on the Consent
Agenda of January 20, 1987.
The meeting recessed at 9 p.m. and reconvened at 9:09 p.m.
HEARING ON APPEAL OF NEARING EXAMINER DECISION REGARDING CONDITIONAL USE PERMIT REQUEST TO
EXTEND THE NONCONFORMING COMMERCIAL USE AT 8413 - 19711 ST. S.W. CU-LO-86/APPELLANT:
GORDON VAN MERE
Planning Division Manager. Mary Lou Block stated that in 1971 an ordinance was passed which prohib-
ited commercial uses in residential areas and set a fifteen year amortization period to phase out
the businesses.
Councilmember Ostrom inquired if any other requests to extend the amortization period would be
heard by the Council. Ms. Block replied negatively. She said the other nonconforming uses have
either ceased operation or relocated to another city.
Ms. Block reported that on October 2, 1986, the Hearing Examiner held a public hearing on the
-conditional use permit request of Gordon Van Mere to allow him to continue operating his auto
repair business at 8413 - 196th St. S.W. (Maplewood Auto Rebuild). The specific request was to
extend the amortization period for ten years.
The Hearing Examiner issued his decision on October 21, 1986 granting a five-year extension to
the amortization of the commercial use. The Hearing Examiner placed several conditions on the
permit. The Appellant filed an appeal on November 3, 1986 asking for relief from the conditions
imposed by the Hearing Examiner.
Ms. Block noted that a copy of the appeal letter, the Hearing Examiner's report, and a vicinity
map were included in the Council's packets.
She said the recommendation of Staff is to adopt the Hearing Examiner's decision and conditions.
Ms. Block stated that Staff was willing to modify condition #Z to allow the 10 foot sign along
the street frontage and condition #3 to be left at the applicarit's discretion whether or not to
paint the building.
Councilmember Dwyer inquired about the extent of the nonconforming use at the time that it became
nonconforming.. his. Block said she believed the operation was only an auto repair business.
Councilmember Nordquist inquired if the structure between the f•-ont and the back of the residence
(the carport) would remain. Ms. Block said that structure was part of the residence and not
associated with the business whatsoever.
EDMONDS CITY COUNCIL MINUTES
Page 9 JANUARY 6, 1987.
Mayor Pro Tem Hall opened the public portion of the hearing.
Gordon Van Mere,.8413 - 196th S.W., requested that a 10 foot sign be allowed on the street front-
age. He said he has removed all o.f_the cars and debris with the exception of materials that he
removed from his attic, which will be picked .up by the garbage collector. The shelters, he said,
will be relocated as soon as he sells .the property on which they sit. He said he stores his
personal vehicles in those shelters.
Mr. Van Mere said he is semi -retired. He said it would be too costly to relocate the business
and would like to retain the business for another five years to accommodate his partner and dis-
abled son..
Mr. Van Mere noted that, with the exception of Sterling Crest condominiums, the thirty-five sur-
rounding residents have no complaints about the business.
Robert Zwink, 8405 - 196th S.W., said he has operated a business at that address for approxi-
mately sixteen years. He said he and Mr. Van Mere have always )een good neighbors, and tie would
like Mr. Van Mere to be allowed to continue his business. Mr. Zwink said he felt it would be
inappropriate for the City to place so many restrictions on the business that would force him out
of his livelihood.
Sandy Dern, 7805 - 173rd S.W., said her husband is Mr. Van Mere's partner. She said her
husband will be clo.se to retirement in five years. She pointed out that City revenues are gener-
ated from the business. Ms. Dern requested the Council to .►llow the sign to remain on 'the
street frontage..
Mayor Pro Tem Hall closed the public portion of the hearing.
Councilmember Wilson inquired if Mr. Van Mere wanted the shelte s to remain on the property. Mr.
Van Mere replied affirmatively. Co.Un.cilmember Wilson inquired •f Mr. Van Mere was amenable to a
limited time period of one and a half years in which the shelters could remain. Mr. Van Mere
replied affirmatively. Councilmember Wilson inquired if Mr. Van Mere intended to identify his
personal vehicles to th.e City. Mr. Van Mere replied affirmatively.
Councilmember Jaech inquired if the existing cars which are being prepared to he sold constitute
a business. Mr. Snyder said it could be considered as a business if Mr. Vane Mere were to contin-
ually purchase, renovate, and sell the cars, even if the cars were registered in his name.
COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OST.ROM, TO ADOPT THE HEARING EXAMINER'S
DECISION WiTH .711E FOLLOWING MO01FiCATIONS: 1) ALLOW THE TEN FOOT SIGN TO REMAIN ON THESTREET
FRONTAGE; P) DELETE -THE REQUIREMENT TO PAINT THE BUILDING TO BLEND WITH THE EXISTING RESIDENCE;
3) REMOVE THE TEMPORARY STORAGE SHELTERS WITHIN ONE YEAR.
Mr. Snyder noted that the date that the applicant was required to remove all used cars for sale
from the property has passed (December 31, 1986). He inquirec if the reference was made with
respect to his private vehicles.
COUNCILMEMBER DWYER MOVED 10 AMEND, SECONDED 13Y COUNCILMEMBER OSTROM, 10 SPECIFY THAT THE ONLY
BUSINESS ALLOWED IS THE AUTOMOTIVE REPAIR BUSINESS AND DELETE 111E REQUIREMENTS THAT THE APPLICANT
SHALT_ REMOVE ALL USED CARS FOR SALE FROM THE. PROPERTY, AND REMC.VAL OF THE CARS, SHELTERS, SIGN,
AND DEBRIS. SHALL OCCUR WITHIN ONE MONTH OF THE APPROVAL OF THE CONDITIONAL USE PERMIT. .
COUNCILMEMBER JAECH SAID SHE WOULD AMEND THE MAIN MOTION TO TFIA" EFFECT AND INCLUDE THE STIPULA-
TION THAT THE CONDITIONS, AS SET FORTH, DO NOT RUN WITH THE LAND. The seconder agreed.
MOTION CARRIED.
HEARING ON RECOMMENDATION FOR 1987 BUILDING PERMIT FEES
Community Services Director Peter Hahn referred to a revised table of expenditures and building
permit fees. He noted that 100-150% of costs are recouped in other local cities.
Councilmember Ostrom inquired if the goal of the City was to recover 100% of the costs. Mr. Hahn'
said the goal in 1987 is to recover 86.75%.
EDMONDS CITY COUNCIL MINUTES
Page 10 JANUARY 6, 1987
Councilmember Dwyer inquired if the percentage of r^coverk co is of local cities were current
figures. Mr. Hahn replied affirmatively. Councilmember Dwyer inquired if those cities automati-
cally invoked the 47% increase. Mr. Hahn replied affirmatively, Councilmember Dwyer inquired if
the 47% increase was responsible for the level of recoupment. Mr. Hahn replied negatively.
Councilmember Dwyer inquired about the response of other cities to the 47% increase. Mr. Hahn
said Mercer Island, Redmond, and Auburn adopted the full increase, and King County adopted a
15-20% increase.
Mr. Hahn then reviewed a table which summarized four alternatives to phasing in the fee increases.
Councilmember Ostrom noted that the alternatives did not take into consideration any increase in
costs during the next four years. Mr. Hahn concurred. lie noted that one of the firms that con-
ducts plan checks for the City has indexed their fees to the ;proposed 1985 UBC, and the other
firm is increasing the fees to reflect some indexing to. the new fee schedule.
Mr. Hahn noted that if no increase was made to building permit] fees, a shortfall of $37,000 to
the General Fund would occur. Councilmember Kasper said that! Administrative Services Director
Art Housler had earlier stated that thosr_ revenues were not included in the budget because the
increase had not been adopted.
Councilmember Kasper expressed concern that fees have increased dramatically since 1979. Mr.
Hahn said professional services,have increased because the City is utilizing outside plan check-
ers, building complexity has increased, and buildability of Tots is more difficult.
Mayor Pro Tem Hall opened the public portion of tl:e hearing.
Mark McNaughton, 1047 Spruce St., pointed out that many of the local cities which were operat-
ing under the 1981 UBC had income in excess of expenditures o,' 100%. He questioned why those
cities could operate their building departments more economically than the City of Edmonds.
Mr. McNaughton said the year was not as profitable for builders as some people may be led to
believe.
Mayor Pro Tem Hall adjourned the meeting at 10 p..rn. COUNCILMEMBER KASPER MOVED, SECONDED BY
COUNCILMEMBER NORDQUIST, TO EXTEND THE MEETING TO 11 P.M. MOTION CARRIED.
Mr. McNaughton said the recent increase in excise tax nets the City $260,000 per year from
building permits for new construction; builders pay approximaU21y $1,040,000 per year in sales
taxes for single-family construction; property taxes are aiiproxfiately $135,000.
Mr. McNaughton said the importance of a strong building community, in his opinion, added to the
vitality of a community through stronger neighbors and renewed growth.
Mel Steinke, 200 Beach Pl., said he believed that permit fees were initially established as a
control factor and not as a revenue base.
Mr. Steinke said if permit fees are increased, that increase must be passed along to the consum-
er.
Mr. Steinke said he did not feel people v:ould oppose the 47% increase if it was phased in over
three years.
Eric Thuesen, 8430 Talbot Road, referred to Exhibit 41, Item II, Expenditures Related to Build-
ing Permits. He said the increase in costs emanated from professional service fees. It was
previously noted that plan check fees had increased, because Decking was required through ICBO
as well as the Engineers and because houses had become more complicated. Mr. Thuesen stated that
homes that were built in Emerald Hills fifteen years ago are ju:;t as complicated or even more so
than homes that are built at the present time. He recommended that the professional services of
ICBO be monitored.
Frank Leifer, 810 - 12th Ave. N., inquired wiry fees are incre•rsing so dramatically. Mr. Hahn
said because building permit activity has steadily increased. Mr. Leifer inquired if Staff has
also increased. Mr. Hahn said because building activity is cyclical, the City tries not to in-
crease Staff but, instead, relies ,,on the services of plan O'eckers. Mr. Leifer inquired wiry
plans which he utilized in the past must be resubmitted several times with revisions at the
present time. Mr. Hahn said plans which comply with the Code +ire approved and that an approved
plan may not be compatible to all Building siies.
EDMO,NOS CITY COUNCIL MINUTES
Page 11 JANUARY 6, 1987
Jay Bollinger, 11010 Berry Lane, Woodway, said he has been building homes in Edmonds for approx-
imately 18 years. He said the projected increases are quite alarming. He inquired: 1) where
the additional expenditures emanate from; 2) why the City utilizesplan checkers to perform the
same function as Staff. He suggested that stock plans be utilized to expedite the approval of
building plans.
Councilmember Wilson inquired if a meeting was convened in the recent past with builders. Mr.
Hahn replied affirmatively. Councilmember Wilson noted that many of the grievances were likely
discussed at that meeting. He said the report that was derived from the meeting was very favor-
able. Mr. Hahn said a survey was conducted of 1985 building permit recipients which revealed
that they were generally satisfied.
Mr. Bollinger said the building permit process was rather slow.
Mr. Hahn said the concept of stock plans is utilized in King County to approve building permits
on a large scale. He said, however, that even though the plans may be similar for homes in
Edmonds, the lots differ.
Bjorn Thuesen, 322 Main St., said he did not believe that Staff has justified the proposed in-
creases in building permit fees. He noted that building permit fees have increased along with
building permit activity.
Mr. Thuesen suggested that the City and local builders cooperai.� with one another to resolve the
issue of inflation of building permit fees.
Dick Besel in, 1108 - 12th Ave. N., read a portion of a letter From tfre City of Everett into the
record expressing its appreciation of a project which he recently completed in that city. He
said he felt that city analyzes the benefits of a project upon completion rather than considering
the front-end costs as Edmonds does.
Mayor Pro Tem Hall closed the public portion of the hearing.
Councilmember Jaech inquired about the frequency of UBC rate changes. Mr. Hahn said proposals
occur every three years. Councilmember Jaech noted that the three-year phase -in period will
be consummated when the upcoming three-year increase is proposed. Mr. Hahn said tile phase in
is proposed out of sensitivity from comments made by the Community and the Council. He noted
that Staff has not recommended a full 47% increase in one year.
Councilmember Hall expressed concern regarding the practices of ICBO. Mr. Hahn said Staff may
not utilize their services at all in 1987. Building Official Hal Reeves said the City does not
currently utilize ICBO for.single family plan checks. He said the time period in which a build-
ing permit is issued depends a great deal on the quality of the Flan submittal.
COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO REQUEST STAFF TO DRAFT A PRO-
POSAL REFLECTING THE 47% INCREASE PHASED IN OVER A FOUR-YEAR PERIOD.
Councilmember Wilson said he would vote against the motion because he felt that revenue source
goal setting procedures should be established and considered in the 1987 budgetary process. He
suggested that it be implemented early in 1987.
Councilmember Nordquist said the intent of his motion was to propose that the increase occur
during the last three years of the phase -in period.
Councilmember Ostrom said it made sense to him that a service must be funded by the activity
which created that service. He said he was i.n favor of the proposal.
Councilmember Dwyer inquired if the subsidy level on Table III was a recovery level. Mr. Hahn
replied affirmatively. Councilmember Dwyer said the table indicates that the Department seems to
be operating effectively in terms of recovering money. He s0 d tine table does not indicate,
however, that a 47% increase is warranted. He noted that the recovery percentage which the City
desires has not yet been determined and should be identified to determine the rate increase.
Councilmember Kasper noted that an increase has not been proposed since 1980. He felt that the
fee increase should be phased in over the time period .of time in which it took to formulate. He
recommended that the City adopt a policy regarding the level of increase it desires and proceed
from that point.
EDMONDS CITY COUNCIL MINUTES
Page 12 JANUARY 6, 1987
Councilmember Ostrom said the issue hasrbee'n—;'muddied"�beceuse the Council was not really discuss-
ing a "mythical 47% increase" but, rather, how to cover the costs of providing services. He felt
the costs should be recovered by 100%.
Councilmember Dwyer said that issuing a building permit to an individual does not benefit the
general welfare but regulating the issuance of the permit does. He said that is where the costs
are incurred.
Councilmember Dwyer reiterated that 100% recovery may be a wo,thy goal, but the City has never
adopted any goal and, consequently, is.unsure of what percentage of increase to adopt.
Councilmember Hall concurred. She said she does defend Staff because people have told her that
it is refreshing to come to the City of Edmonds because of the "one stop shop". She expressed
concern with respect to balancing the budget based on the fee increase. She concurred that the
costs of services do need to be recovered but was unsure what increase to propose.
A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, AND
COUNCILMEMBER OSTROM IN FAVOR AND COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER KASPER,
AND COUNCILMEMBER WILSON OPPOSED.
Councilmember Dwyer recommended that the issue be further disciissed at a Community Services Com-
mittee meeting to make recommendations to the Council regarding the level of subsidy which the
City should achieve and at which time the Council could vote on the percentage of increase.
Councilmember Kasper recommended that plan check 'gees be taken into consideration during that
process. Councilmember Jaech requested the Community Services Department to make recommendations
to the Council in what areas services could be decreased.
HEARING ON REQUEST OF PORT OF EDMONDS TO WAIVE VARIANCE APPLICATION FEE ($250) FOR FLAGPOLE
Planning Division Manager Mary Lou Block reported that the Port of Edmonds erected a flagpole 60
feet in height south of their office at 336 Admiral Way. The pole was installed without a build-
ing permit or review by the Architectural Design Board (ADB). Because the height of the flagpole
exceeds the allowable height in this zone area, a variance is necessary to allow the flagpole to
remain.
The Port has submitted an application for ADB review, a building permit application, and a vari-
ance application. However, they have requested a waiver of the variance application fee.of $250.
Councilmember Hall asked what the Mayor's recommendation was. Ms. Block said the Mayor has not
made a recommendation.
Mayor Pro Tem Hall opened the public portion of the hearing.
Michael Valiga, Port of Edmonds, said it was unfortunate that the issue has received a lot of
negative publicity.
Mr. Valiga said the issue deals with a strong relationship between the Port and the City as
well as intergovernmental cooperation. He requested that the City, in the spirit of cooperation,
waive the $250 variance application fee.
Mayor Pro Tem Hall closed the public portion of the hearing.
Councilmember Nordquist said he feels there was an inference that there has been little coopera-
tion between the Port and the .City .and disagreed with that posture. He recalled that the City
returned a 75,foot lot to the Port at its request for the expansion of the boat harbor in 1968.
COUNCILMEMBER NORDQUIST MOVEU, SECONDED BY COUNCILMEMBER JAECH, TO DENY THE REQUEST FOR A WAIVER
OF THE VARIANCE APPLICATION FEE OF $250.
Councilmember Hall noted that $250 would not bankrupt the Port. She said she did not want to set
a precedent of waiving fees after review by the, ADB. She said she does feel that the two agen-
cies cooperate with one another.
MOTION CARRIED.
FIUMOI'DS CITY COUNCIL MINUTES
Page 13 JANUARY 6, 1987
ELECTION OF COUNCIL PRESIDENT
Council President Hall said she has enjoyed serving as Council President.
COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO NOMINATE COUNCILMEMBER WILSON
AS COUNCIL PRESIDENT MOTION CARRIED.
Council President Hall announced that Councilmember Wilson will to traveling to Japan and suggest-
ed that she continue to act as Council President until his rr.turn. COUNCILMEMBER HALL MOVED,
SECONDED BY COUNCILMEMBER DWYER, TO COMMENCE THE NEW COUNCIL PRESIDENT'S TERM ON JANUARY 21,
1987. MOTION CARRIED.
Council President Hall said she would confer with City Clerk Jackie Parrett regarding the resched-
uling of the Proposed MEBT Plan Amendment (item #8 on the agenda).
The meeting adjourned at 11 p.m.
6'a,'J queline . Parrett, City Clerk
Laura Ha Mayon ro Tem
EDMOPDS CITY COUNCIL MINUTES
Page 14 JANUARY 6, 1987
I.