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02/06/1990 City Councilt THESE MINUTES SUBJECT TO FEBRUARY 20, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES FEBRUARY 6, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor John Nordquist, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember STAFF Mary Lou Block, Planning Div. Mgr. Bob Alberts, City Engineer Duane Bowman, Asst. City Planner Peter Hahn, Comm. Svc. Director Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONFIRM THE MAYOR'S APPOINT- MENT OF RICHARD MUMMA TO THE POSITION OF BUILDING OFFICIAL FOR THE CITY OF EDMONDS. MOTION CAR- RIED. CONSENT AGENDA COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, 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 JANUARY 30, 1990 �(C) ACCEPTANCE OF UTILITY EASEMENT FROM PATRICIA PENROSE (8500 TALBOT RD.) .� (0) ACCEPTANCE OF QUIT CLAIM DEED FROM TED S. AND IRENE H. FERRY FOR STREET DEDICATION AT 8509 FREDERICK PL. E) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM MARIA J. BJELKE (AMOUNT UNKNOWN) AND JOANNE L. SWANSON ($356.27) �(F) FINAL APPROVAL OF 11 LOT SUBDIVISION AT.9316 BOWDOIN WAY (OLYMPIC PLACE/P-3-89) (G) AUTHORIZATION TO PURCHASE ONE 1990 POLICE KAWASAKI MOTORCYCLE FROM KENT KAWASAKI, INC. ($6,702.20) AUDIENCE Mayor Naughten opened the audience portion of the meeting. Jim Hennessey, 9309 - 187th S.W., said the lease for the house he rents from the City has ex- Aired. He inquired when a new lease will be drawn up. Mayor Naughten suggested that Mr. Hennessey contact the City Clerk in the morning. Mayor Naughten closed the public portion of the meeting. PRESENTATION OF COMMUNITY SERVICE AWARD TO DON NICHOLSON Naughten Naughten said the Community Service Award was established several years ago to recognize JQ��• individuals or organizations who have made a significant contribution to the quality of life in the community. Mayor Naughten said Don Nicholson, the owner of Sound Disposal, has donated his personal servic- es, as well as employee time and equipment, to help the City clean up each year, in the Christmas tree recycling program; he has given his time and use of his personal pickup in assisting the Lyons Club with their telephone book program, and has donated money to the Lyons Club for their food bank program. Mr. Nicholson has also provided a recycling program within each City building for the past year. at no cost to the City. Mayor Naughten presented Mr. Nicholson with the Community Service Award. Mr. Nicholson thanked the Mayor and City Council. NEARING ON HEARING EXAMINER RECOMMENDATION REGARDING APPEAL OF MITIGATED DECLARATION OF NONSIGNIFICANU AND HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED 10 LOT PRD/SUBDIVISION AT 7370 NORTH ME D WD LE RD. ROBERT & JOANNE NDERS N PRD-1-89/P-5- 9 Planning Division Manager Mary Lou Block said although several issues were reviewed by the Hear- ing Examiner concerning this matter, the Council will only be addressing the appeal of the Miti- ?ated Determination of Nonsignificance (MDNS) and the Planned Residential Development PRD)/subdivision itself. She said the conditional use permit and street vacation are not part of the discussion before the Council that evening: Councilmember Kasper inquired why the street vacation was not part of the proceeding before the Council. Ms. Block said it was not to be considered by the Council at the present time because notice was not posted in a timely manner, but she said the matter will be heard by the Council on March 6, 1990.. Councilmember Kasper expressed concerned because he said the vacation of 74th Place West has a direct impact on 75th Place West, which will serve as access to the proposed subdivision, and he felt the street vacation should be heard at the same time as the PRD/ subdivision. Ms. Block said the PRD and plat can stand alone because they are not dependent on the land that is part of the street vacation. City Attorney Scott Snyder stated that the PRD process is subject to preliminary and final approval. He said the Council will have an opportuni- ty to review all of .the conditions before the proposed PRD/subdivision is approved. He said if the Council finds there is insufficient access to the site, they could require that certain condi- tions be fulfilled. Ms. Block reported that Robert and Joann Anderson have submitted an application for a ten -lot PRD/subdivision on their property at 7370 North Meadowdale Road. In conjunction with that application, they have also filed applications for a conditional use permit to grade in excess of 500 cubic yards of earth and a vacation of the east half of the undeveloped right-of-way of 74th Pl. W. The street vacation will be heard on March 6, 1990. Ms. Block said the subject property contains 5.3 acres and is designated as environmentally sensi- tive due to the soils, steep slopes and vegetation found in this area. Because of the particular environmental features of the property, Ms. Block said the PRD concept is the most appropriate type of development for this site. Ms. Block said the proposal would create ten lots, ranging in size from 4,988 square feet to 9,785 square feet, with the balance of the site remaining as common open space. Access for seven of the proposed lots will be from North Meadowdale Road, and access for the other lots is pro- posed off of 162nd Street Southwest. Ms. Block said a MDNS was issued on the proposed PRD. Because the Andersons objected to three of the mitigating conditions (conditions 4, 11, and 14). Staff modified conditions 4 and 14, which were acceptable to the Andersons. Ms. Block said the only MDNS condition left in contention is a requirement to shift the entrance onto North Meadowdale Road 10 feet farther to the west than it is presently proposed to provide the maximum amount of safe stopping distance on North Meadowdale Road. Ms. Block said the Hearing Examiner held a public hearing on January 4, 1990 on the appeal of the mitigating conditions and the PRD/subdivision. The Hearing Examiner issued his report on January 269 1990 recommending approval of the PRD/subdivision and denying the applicant's appeal of the remaining unresolved condition of the MDNS. Ms. Block noted that a copy of the Hearing Examiner's report, a vicinity map, the preliminary plat, engineering requirements, and the MDNS was included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the Hearing Examiner's recommendation to grant preliminary approval to the proposed PRO. Ms. Block said because vacation of 74th Place West is not part of the proceeding before the Coun- cil, Staff recommends that the Council include language in their motion, if they approve the PRD, to insure that the interest of adjacent property owners will be protected at such time that the street vacation is resolved. Ms. Block reviewed a site plan. She said ten lots are proposed with the remaining land reserved as common open space and a trail system is planned throughout the site. Ms. Block said several pools were initially proposed but the City's geotechnical engineer recommended that they not be included. She said the environmental review did not include the pools because the applicant agreed to delete them from the proposal. Ms. Block said the Hearing Examiner recommended that a common meeting house be substituted for the pools if the applicant wanted to build a structure in their place. EDMONDS CITY COUNCIL MINUTES Page 2 FEBRUARY 6, 1990 Councilmember Kasper asked why there is no setback between lots 3 and 4. Assistant City Planner Duane Bowman said the Andersons' house exists on lot 4 and is set back at least 10 feet from the property line. Councilmember Kasper inquired if setbacks are required in PRD's. Mr. Bowman said setbacks in a PRO are determined by the Hearing Examiner, and he accepted the plans that were submitted to him. Mr. Bowman noted that a structure on lot 3 could be constructed up to the property line. Mr. Bowman said there are encroachments in the right-of-way, but Dr. Anderson has agreed to deed the properties and there will be an exchange of access easements across the vacated right-of-way. Councilmember Dwyer inquired why shifting the entrance onto North Meadowdale Road 10 feet to the west is significant. City Engineer Bob Alberts said the applicants' engineer indicated the sight distance for a vehicle approaching the entrance from the hilltop will have a distance of approxi- mately 230 feet. He said the City's consultant reviewed the proposal and ascertained that the applicants' engineer did not take into consideration the grade of North Meadowdale Road, and he recommended a minimum stopping distance of 240 feet. Councilmember Dwyer inquired by what degree safety increases with the additional 10 feet. Mr. Alberts said he did not know. He said the additional 10 feet will, however, provide more time for a driver to stop a vehicle. Councilmember Hertrich inquired at what speed the stopping distance was calculated. Mr. Alberts replied 25 mph. Councilmember Hertrich noted that even though the posted speed limit is 25 mph, some drivers will travel in excess of the speed limit. Councilmember Hertrich inquired if the stopping distance is more critical for vehicles traveling over 25 mph. Mr. Alberts replied affir- matively. Dr. Robert Anderson, 7370 North Meadowdale Road, applicant, said it is the intent of the develop- ers to design the proposed project to a high quality, preserving the amenities that are present, and to recover a shallow pond that previously existed on the site. Councilmember Hertrich inquired about on -site parking. Richard Shope, P.O. Box 884, Langley, architect for the proposed project, said the parking provisions comply with standards set by the City. He said two on -site parking spaces will be provided for each house, as well as a garage, and approximately thirteen spaces will be provided in the middle of the site for overflow park- ing. Councilmember Hertrich noted that the entrance to the site is a split roadway. He was concerned that emergency vehicles will not be able to enter the development if cars are parked on both sides of the entrance. Mr. Shope said parking will not be permitted on the road. In response to a request by Councilmember Palmer, Mr. Shope said there are presently fresh water springs on the site near the proposed shelters, decks, and pool area which the City siphons off the property and directs into the City's system.. He said the developers propose to direct some of the water through the pools in enclosed ponds and then direct them back to the City's system. Mr. Shope said the pools will be sheltered with a small wooden structure and deck as an amenity to residents. Councilmember Palmer inquired if the trails and community house will be open to the public. Mr. Shope replied negatively. Councilmember Palmer inquired if there was anything which precludes a 10 foot setback on lot 4. Mr. Shope replied negatively. Councilmember Hertrich inquired if a sidewalk is proposed within the development. Mr. Shope replied negatively. He said, however there is sufficient room adjacent to the driveways for a pedestrian. Councilmember Hertrich inquired about the grade of the road within the project. Mr. Shope said it varies from 1% to 7%. Dr. Anderson said it was his understanding that the final determination regarding the reduction of the right-of-way depends, in part, on the recommendation of the Trail Committee. He said the applicants are willing to incorporate a trail or walkway on site. He said there are survey dis- crepancies as much as sixteen feet, and he was hopeful that the surveyors and engineers can work towards an accurate description of the monuments and points and resolve an official description of the street: Dr. Anderson said the proposal will go forward even if the right-of-way on 74th Place West is not vacated. He said the applicants are willing to provide access to the rear of the lots, and a hold harmless clause for the pools. Dr. Anderson submitted data from the 1984 edition of A Policy on Geometric Design of Highways and Streets compiled by the American Association of State Highway and Transportation Officials AASHTO to the City Clerk (marked Exhibit 1). Dr. Anderson said the appeal is of a condition of the MDNS to move the entrance road ten feet to the west. He cited formulas with respect to the safe stopping sight distance for a vehicle EDMONDS CITY COUNCIL MINUTES Page 3 FEBRUARY 6, 1990 (SSSD) which disputed the recommendation made by the City's geotechnical engineer that the en- trance should be relocated. He`said the value applying to North Meadowdale Road along the north border of the Lorian Woods PRO, assuming a 17% slope, at an assumed design speed and legal speed of 25 mph is 190.9 feet, which is equal to the SSSD calculated by the applicants' engineers, Transportation Solutions, Inc., in their response letter of October 6, 1989. Dr. Anderson said he believed the City's geotechnical engineer, Bell -Walker, included the SSSD for level roadways and added the entire downgrade distance from the substituted formula rather than adding the difference, thus lengthening the requirement by fifty feet. Dr. Anderson pointed out that the 240 feet distance submitted by Bell -Walker is a rounded figure used to the applicants' disadvantage. The exact calculated distance, 235.91 feet, he said, would require moving the entrance to the west only 5.91 feet. Dr. Anderson added that the street slope has an average grade of 16.2%, rather than 17%. He said recalculating the downgrade correction reduces the distance an additional 3.65 feet. If the City chooses the Bell -Walker calculations, he said the entrance should be moved 2.26 feet rather than 10 feet. Dr. Anderson said the diagram in Exhibit 1 illustrates the addition of approximately.19 feet to the sight distance when the City extends the 5 foot walkway to the east off of the property in question because of cutting back into the slope for construction. In summary, he said the en- trance to the proposed PRO does not need to be relocated. Councilmember Palmer noted that the calculations cited by Dr. Anderson took into consideration design speed for a road surface. He inquired if the actual speed has a great effect on the calcu- lations. Dr. Anderson replied affirmatively. He said, however, it is reasonable to say that actual speed is difficult to determine and that in any given situation, the City cannot provide an adequate margin for excessive actual speeds in any given situation. He said it would be impos- sible to design intersections with actual speed because people do speed and that is why certain standards should be adhered to. In response to Councilmember Kasper, Dr. Anderson said when and if the vacation is completed and the fifteen foot accrues to the property owners on either side, there will still be one structure that will lie partly in the east half of the right-of-way. He said he is willing to sell the owner of that property a strip of the east half of the right-of-way so he can include all of his structures within his own property. Councilmember Hertrich requested Dr. Anderson to explain the difference of opinions regarding vegetation. Dr. Anderson said the narrow language requiring the removal of no vegetation would preclude the removal of horsetail and blackberries on the site. He said horsetail is a good retainer of soils because of its deep root system, but he said it is the intent of the applicants to gradually replace the horsetail with more suitable vegetation. Councilmember Hertrich in- quired if the issue has been resolved. Dr. Anderson said a detailed plan will be submitted to the City at an appropriate time indicating what landscaping is proposed. Joann Anderson, 7370 North Meadowdale Road, said Bill Bailey of Terra Associates compiled an extensive report on the geophysical characteristics of the property. Mrs. Anderson said the applicants would like to have approval of the community house if the Coun- cil does not approve the pools, or a combination of the community house and pools if the pools are approved. Ms. Block noted that the community house, if approved, is subject to ADB approval and environmen- tal review. Councilmember Hertrich inquired about Or. Anderson's remarks concerning the angle of the entrance to the proposed PRO on North Meadowdale Road if it were relocated. Dr. Anderson said if the entrance were relocated ten feet to the west, a sharp angle would be created for vehicles exiting the site and turning uphill. Mayor Naughten recognized Port Commissioner Jerry Blanton in the audience. Mayor Naughten opened the public portion of the hearing. No public input was offered. Mayor Naughten closed the public portion of the hearing. Councilmember Dwyer noted that Dr. Anderson's calculations indicated that the entrance to the proposed project is located 2.26 feet east of where the City's geotechnical engineer recommended it should be. He inquired if that distance was of any significance. Mr. Alberts said he did EDMONDS CITY COUNCIL MINUTES Page 4 FEBRUARY 6, 1990 not know, but stated that calculations for SSSD are designed to protect the public and the City. Mr. Snyder reiterated that the proposal is subject to final approval, and the standards of AASHTO can be applied. Councilmember Palmer requested Mr. Snyder to address the hold harmless agreement for the pools. Mr. Snyder said the City's landslide ordinance requires indemnification hold harmless based on the information provided by geotechnical experts. He said if large scale earth movement oc- curred, the Council must consider if the property owners have the resources to indemnify the City if homes were lost. Mr. Snyder said he viewed the indemnification as being secondary to proper engineering review. Councilmember Palmer inquired about the potential for the pools being an attractive nuisance. Mr. Snyder said standing water in the Edmonds area is not in and of itself an attractive nuisance; it is the design of the pond and pool that is a factor in determining an attractive nuisance. Councilmember Hertrich noted that the applicant stated that the site could accommodate one addi- tional lot. He inquired what would prevent the development of another lot in the future. Mr. Snyder said although there is no stipulation that can be put on the face of the subdivision pro- hibiting further development of another lot, it would require the concurrence of all of the prop- erty owners in the PRO. In response to a concern on the part of Councilmember Hertrich regarding the preservation of the open space, Mr. Snyder said the City would not issue a building permit for a structure in any of the open space areas. Councilmember Kasper expressed concern that the vacation of 74th Place West will have a direct impact on adjacent properties. Mr. Snyder said the subdivision and PRO criteria require that proper ingress and egress be provided. If the Council were to delay or deny the project, he said they would have to make a finding that there is not proper ingress and egress to the site because the property to be vacated does not affect any internal aspect of the PRD. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION TO GRANT PRELIMINARY APPROVAL TO THE PROPOSED PLANNED RESIDENTIAL DEVELOPMENT, DELETING THE REQUIREMENT THAT THE ACCESS ROAD ONTO NORTH MEADOWDALE ROAD BE MOVED TEN FEET TO THE WEST. Councilmember Kasper said he would vote against the motion because of the language itself and because the property owners to the west are probably not fully aware of the impact that will result from the street vacation. Councilmember Hertrich was of the opinion that the information for SSSD provided to the Council should be verified since there is conflicting data between the City's geotechnical engineer and the applicants' geotechnical engineer. Councilmember Dwyer said Bell -Walker's calculations for sight distance were 235.91 feet. If the grade is 16.2%, rather than 17%, he said the entrance is 27 inches off, even if Dr. Anderson's calculations are incorrect. He pointed out that there is no testimony in the record as to the degree of public safety that is improved by relocating the entrance 27 inches. Mr. Snyder concurred with Counci I member -Dwyer's analysis of the evidence in the record. He said if Staff reviews the calculations and feels there is an error sufficient that the Council's record is tainted, any Councilmember who voted on the prevailing side to approve the motion could make a motion to reconsider. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AMEND THE MOTION TO INCLUDE THE FOLLOWING ADDITIONS: 1) ACCESS PROTECTION TO ADJACENT PROPERTY OWNERS BE PROVIDED; 2) A.SETBACK OF 10 FEET BE PROVIDED ON THE NORTH SIDE OF LOT 4; 3) TRAILS BE REQUIRED EVEN IF THE POOLS ARE DISALLOWED; 4) ON -SITE GUEST PARKING BE PROVIDED ON LOTS 8, 9, AND 10; 5) THE POSITIONING OF THE WALKWAY ON NORTH MEADOWDALE BEACH ROAD BE SUBJECT TO THE RECOMMENDATION OF THE WALKWAY COMMITTEE AS TO WHERE IT FITS WITH THE ENTIRE PLAN FOR THAT STREET; 6) A HOLD HARMLESS INDEMNIFICATION AGREEMENT BE PROVIDED IN REGARDS TO THE POOLS AND THAT THEIR DESIGN BE SUBJECT TO CITY REQUIRE- MENTS AND ENVIRONMENTAL REVIEW: 7) IF A DETERMINATION IS MADE THAT THE POOLS NOT GO IN AND A COMMUNITY HOUSE BE INCLUDED INSTEAD, AN ENVIRONMENTAL REVIEW BE CONDUCTED AND THE POSSIBLE INCLU- SION OF ADDITIONAL PARKING, IF DEEMED NECESSARY IN THAT LOCATION. In response to a concern by Councilmember Kasper, Mr. Snyder said the community house could be handled through the building permit process, but the pools are subject to another review and appeal period. A ROLL CALL VOTE WAS TAKEN ON THE AMENDMENT. MOTION FAILED WITH COUNCILMEMBER KASPER AND COUNCIL - MEMBER PALMER IN FAVOR; COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER WILSON OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 5 FEBRUARY 6, 1990 A ROLL CALL VOTE WAS TAKEN ON THE MAIN MOTION. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER PALMER OPPOSED. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING APPEAL OF MITIGATED DECLARATION OF NONSIGNIFICANCE AND HEARING N RECOMMENDATION REGARDING PROPOSED 5 LOT SUBDIV13TUFAT-747 P E M NDS S P- - 9 P- - SEW D HOMES) Mayor Naughten and Councilmember Kasper left the room for a few minutes. Planning Division Manager Mary Lou Block reported that Mary Hennum and Seawood Homes, Inc. have filed an application for approval of a five -lot subdivision of property located at 747 Edmonds Street. In conjunction with that application, the applicants have requested a conditional use permit to grade 2,000 cubic yards of earth. Ms. Block said the subdivision is proposed for a .98 acre site, on which one of the last major stands of large evergreen trees in the downtown area is located. In addition to the trees, Ms. Block said the site contains a steep slope, with an aver- age slope of approximately 20% going up to approximately 34%. Ms. Block said Staff reviewed the environmental information submitted with the application and made site inspections to review the project. Based upon the review of the environmental docu- ments, site inspections, and review of the relevant criteria of the Edmonds Community Development Code, she said Staff issued a mitigated declaration of nonsignificance (MDNS) on the proposed action, subject to a number of conditions. Due to the vegetation and topography of the site, Ms. Block said there is a concern over the location of common utilities to serve the subdivision. The MDNS calls for special care in utili- ty location to minimize tree removal and, further, that tree cutting and grading not necessary for common utility location take place on a lot -by -lot basis. Ms. Block said by taking these actions on an individual lot basis rather than for the site as a whole, there is greater opportu- nity to be more sensitive to the site and to do less environmental damage. She said Staff will be involved in review of each individual grading and clearing plan. Ms. Block said the applicants objected to the MONS and appealed conditions 1 and 3, which were imposed to limit the clearing and grading on the site. On November 16, 1990, the Hearing Examin- er conducted a public hearing on the appeal of the MDNS conditions and the subdivision. On Decem- ber 6, 1989, the Hearing Examiner issued his recommendations denying the -appeal of the MDNS, upholding the Staff action, and recommending approval of the preliminary plat, subject to the conditions listed in his report. Ms. Block noted that copies of the Hearing Examiner's report, the preliminary plat, the MDNS, clearing plan, grading plan and a cross-section of the property were included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the Hearing Examiner's recommendations upholding the MDNS and granting preliminary approval for the subdivision. Councilmember Hertrich inquired what standards the Planning Department uses to determine what a steep slope is. Ms. Block said the Meadowdale Slide Hazard Ordinance states that a slope over 15% is considered a steep slope and requires special treatment. Councilmember Hertrich inquired at what slope a variance is required to construct a driveway. City Attorney Scott Snyder said driveways with a 14% slope do not require specific review and are allowed up to 20% with review. Councilmember Dwyer said the applicants' botanist indicated that some of the trees may pose a hazard as construction progresses. He inquired if trees could only be cut on the site that was being developed or if trees on another site could be cut as construction progressed if a site -by - site tree cutting plan was required. Ms. Block said there would be nothing to preclude Staff from approving the cutting of a tree on another lot for safety reasons, and the issue would be reviewed as the situation arose. Councilmember Dwyer inquired if there is any danger of the lots being conveyed during the process, thereby precluding the possibility to rectify a safety hazard if construction commenced on one lot and a tree on an adjacent lot posed a hazard. Ms. Block replied affirmatively. She said, however, a condition could be placed on the face of the plat retaining the right to remove a tree on an adjacent lot if deemed necessary. Mr. Snyder noted that Mayor Naughten and Councilmember Kasper were not in the room when the hear- ing started. He said Ms. Block had started the Staff presentation but had not answered any ques- tions yet when Councilmember Kasper stepped up to the dais again, and he confirmed that Ms. Block had not provided any information not previously provided in the Council packets, so he said there was nothing precluding Councilmember Kasper from participating in the hearing. He said, however, there would be a problem with the Mayor casting a tie -breaking vote because he had missed some of the testimony. EDMONDS CITY COUNCIL MINUTES Page 6 FEBRUARY 6, 1990 Councilmember Jaech inquired how a condition on the face of the plat would be worded with respect to removal of a tree on an adjacent lot during construction of an abutting lot it if was deemed unsafe. Mr. Snyder said it is a matter of timing and sequencing of the tree cutting permit issu- ances, and special language should be included on the face of the plat. Councilmember Jaech inquired if the drainage problem was resolved on the lots below the McGinnis property. City Engineer Bob Alberts replied affirmatively. Councilmember Hertrich noted that the site in question is located on a parcel with a steep slope. He was more concerned about development of the lots than with tree cutting because he felt the site, as proposed, will be overdeveloped. Councilmember Palmer inquired if, on a lot -by -lot review, the location of a structure and its size provide protection for the trees on the lot and other lots. Ms. Block replied affirmatively. Jim Miller, Lovell-Saueriand & Associates, representing the applicants, submitted a letter ad- dressing the points he would be discussing (marked Exhibit 1), a drainage plan (marked Exhibit 2), and a clearing plan (marked Exhibit 3) to the City Clerk. Mr. Miller stated that several points within the Hearing Examiner's decision on the appeal merit clarification. In reference to Finding No. 9, he said the applicant is providing a preliminary storm drainage plan that demonstrates that no trees in the alley north of the site will be re- moved. He said the applicant remains very concerned about the risk of loss of life and property from the windfall potential of the trees retained. Mr. Miller, in reference to Finding No. 10, said a tree survey was submitted to the Hearing Exam- iner showing that no trees exist in the alley adjoining Tract 100 where the applicant's only "in alley" drainage improvements are proposed. He said the drainage plan will not result in the elimination of a significant number of trees. In reference to Finding No. 14, Mr. Miller said the botanist stated that there are not many areas in the Edmonds vicinity where the type of trees existing on the site have been retained because of the hazards of windfalls. Mr. Miller, in reference to Finding No. 22, said Mr. McGinness wanted the trees in the alley to be removed for fear they would blow down onto his house. Mr. Miller said if they were to be retained, Mr. McGinness wanted the trees topped. In reference to Conclusion No. 4, Mr. Miller said no tree cutting or removal is necessary within the alley north of the site by developing the plat on a plat basis rather than on a lot -by -lot basis. Therefore, elimination of mitigated conditions 1 and 3 of the MONS is appropriate and desirable. Mr. Miller said the Hearing Examiner recommended approval of .the preliminary plat as designed, as has Staff. Further, the Hearing Examiner recommended approval of the conditional use permit for the entire plat grading as designed. Mr. Miller said the only concern expressed by the Hearing Examiner was possible tree removal in the alley north of the plat as a result of the plat drain- age system. He noted that the record clearly shows that no trees in the alley must be removed and, as a result, mitigated conditions 1 and 3 of the MONS are unnecessary. Mr. Miller said lot -by -lot tree removal and grading expose the neighbors and each new house built one at a time to five different tree cutting, trucking, and grading operations. He said the added impact and costs associated with lot -by -lot development to the neighbors and the applicant are simply not justified. He pointed out that the Hearing Examiner notes in Finding No. 17 that the proposed clearing and grading plans "meet the City of Edmonds standards and preserve all existing healthy trees lying outside the building pads, driveways, public streets and utility corridor". Mr. Miller said the applicant/appellant respectfully requests the City Council to modify the MONS by deleting conditions 1 and 3 and approve the preliminary plat and conditional use permit as recommended by the Hearing Examiner. Mr. Miller submitted five photographs of the Hennum property to the City Clerk (marked Exhibit 4), one depicting a tree with the top blown down. Mr. Miller said the tree demonstrates a valid concern by the applicant and surrounding property owners of the potential for windfall: Mr. Miller said the geotechnical report states that the site is highly stable and is not a sensi- tive site in terms of any kind of slope conditions. EDMONDS CITY COUNCIL MINUTES Page 7 FEBRUARY 6, 1990 Mr. Miller said the applicant's botanist conducted a site inspection and felt that some of the trees in the alley should be removed from the standpoint of stability. Mr. Miller said the appli- cant is willing to assist the City in the removal of those trees. Councilmember Hertrich inquired about the clearing plan. Mr. Miller said the trees in question are the trees that are indicated on the plan. He said the trees that are outlined will be re- tained, and the trees showing the trunk location will be removed. Mr. Miller said the grading and clearing plan indicated all other areas that will be affected by either the house siting, driveway or grading. Mr. Snyder advised that a copy of the letter and photographs be made available to the public. Mayor Naughten opened the public portion of the hearing. Steve Cook, 750 Edmonds Street, inquired if grading and excavation could be accomplished on the plat as a whole rather than on a lot -by -lot basis. Mr. Snyder said there is nothing inconsistent with lot -by -lot review versus timing; if the applicant wanted to submit five lot -by -lot plans, Staff could review them simultaneously. Mr. Cook inquired about the position of Edmonds Street. He said he stated earlier that he would like to see the middle of the street to the middle of the right-of-way. Mr. Miller said there has been no change in the plans since the hearing before the Hearing Examiner. Jay McGinness, 736 Sprague Street, inquired if the Council received a copy of his letter he sent to the Hearing Examiner, dated 12-9-89, clarifying his testimony. The Council replied negative- ly. Mr. McGinness clarified that he is not in favor of an open retention pond because of a con- cern that standing water will be a breeding ground for mosquitos and other insects. Mr. McGinness said his question at, the hearing before the Hearing Examiner was: Why was not the drainage for each lot being handled by individual lots? (At the beginning of her presentation, Ms. Block circulated two photopgraphs to the Council, which were marked as Exhibit 5.) Mr. McGinness submitted to the City Clerk a copy of his letter to the Hearing Examiner (marked Exhibit 6). Mr. Alberts said Staff does not object to an open detention pond or pipe. He said the houses can have a combined system that taps into the City's system. Mr. McGinniss asked why drainage could not be addressed on individual lots. Community Services Director Peter Hahn said Chapter 18.30 specifically states that a combined retention facility or other drainage facilities for a number of properties can be used. Mr. McGinness inquired, because the pond does not exist, if the drain- age could be tight lined and drained into the main system. Mr. Miller said water will be collect- ed from each of the lots but also from runoff from upstream conditions that are not being de- tained currently. He said the proposed drainage system is an attempt to solve on -site drainage as well as off -site drainage. Mr. Miller said off -site drainage onto the site cannot be detained to each one of the lots in a practical way and released at the appropriate rate off of the proper- ty. Mr. Snyder noted that it is the City's policy after development to h.ve the Same raEe of flow off the site as before development. He said if drainage w,�ra tia_ht Iim,(,, -c.t, dInT:nr -f flow would be dramatically increased. In response to a question by Councilmember Hertrich, Mr. Alberts said the City's storm drain system upstream is inadequate, and the applicant proposes to build a detention pond and pipe out for overflow. Councilmember Hertrich inquired about the proposal that the City own and/or main- tain the pond. Mr. Alberts said that concept is not new to the City. Councilmember Hertrich inquired if the drainage system could be placed underground. Mr. Alberts said it could but it would be costly. He said the grades are so fiat that it would be difficult to pipe the water out at the bottom of the hill with a buried detention system. Lee Atherton, Seawood Homes, said the grading plan that was submitted allows for contiguous grad- ing of the entire site, which was approved by the Hearing Examiner. He said the center core of the building pad necessitates the removal of the majority of trees, leaving only peripheral trees at the outer edges of the building sites or in the alley. Mr. Atherton said the lots will be developed as one contiguous operation. He said the lots are not proposed to be sold to individu- als in terms of individual lots but will be developed on a pre -sale basis. He believed that development on a lot -by -lot basis with respect to tree cutting presents a hazard. He noted that the botanist indicated that most of the trees are high crown with no real visible growth until the very top and as they are removed, they will create a substantial hazard. Mayor Naughten closed the public portion of the hearing. EDMONDS CITY COUNCIL MINUTES Page 8 FEBRUARY 6, 1990 Councilmember Dwyer inquired if the clearing plan presented to the Council that evening in any way altered the City's desirability of lot -by -lot tree cutting as opposed to one comprehensive tree cutting plan. Mr. Bowman replied negatively. He said one possibility that has not been explored is setback adjustments on some of the lots to locate the building pads farther south, thereby increasing the area long the north side and giving the potential to preserve other trees. Mr. Bowman said a specific plan was not presented to the Hearing Examiner that showed where the drainage system would be located. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION AND THAT THE DRAINAGE PONDS BE FENCED AND UNDER PRIVATE OWNERSHIP VERSUS CITY OWNERSHIP. MOTION CARRIED. MAYOR Mayor Naughten said he received a telephone call from County Councilman Bruce Agnew that the meeting with the City Council had to be cancelled because of scheduling problems but a question- naire will be submitted to the City. COUNCIL Council President Nordquist noted that spouses are invited to attend the dinner meeting on Febru- ary 13. Council President Nordquist said the only place available for the Council Retreat is Port Ludlow on May 18 and 19. It was the consensus of the Council to make reservations there. Councilmember Hertrich said the Community Services Committee intends to pursue the Centennial Plaza. He said they have scheduled on their agenda review of the proposed site for the Public Works facility . Councilmember Kasper noted that the February 3 meeting will be held in the Community Services conference room at 8:45 a.m. a Q,,u,•� Councilmember Palmer said the Edmonds South Snohomish County Historical Society inquired about the status of their request for $5,000 to fund the Centennial exhibit. Councilmember Jaech said the Council had made a motion to allocate no more than $100,000 for the Centennial. She suggest- • uu.Z ed that the Society contact the organizations who received those funds. Mayor Naughten asked Councilmember Palmer to contact him in the morning regarding that request. Councilmember Dwyer said it was the opinion of the City Attorney that a hearing must be held if the Council is considering adoption of the Northwest Energy Code. He noted, however, that discus- sion of that issue is scheduled on February 27, 1990, which is a work meeting. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RESCHEDULE THE HEARING TO FEBRUARY 20, 1990. ;oaf' MOTION CARRIED. The Council recessed to an executive session at 9:43 p.m. to discuss a real estate matter for approximately 10 minutes and adjourned thereafter. THESE MINUTES ARE SUBJECT TO FEBRUARY 20, 1990 APPROVAL. l �141-' J CQU LINE G. PARRETT, City Clerk EDMONDS CITY COUNCIL MINUTES Page 9 FEBRUARY 6, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. FEBRUARY 6, 1990 CALL TO ORDER CI A C A 1 11rr 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 30, 1990 (C) ACCEPTANCE OF UTILITY EASEMENT FROM PATRICIA PENROSE (8500 TALBOT RD.) (D) ACCEPTANCE -OF QUIT CLAIM DEED FROM TED S. AND IRENE H. FERRY FOR STREET DEDICATION AT 8509 FREDERICK PL. (E) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM MARIA J. BJELKE (AMOUNT UNKNOWN) AND JOANNE L. SWANSON ($356.27) (F) FINAL APPROVAL OF 11-LOT SUBDIVISION AT 9316 BOWDOIN WAY (OLYMPIC PLACE/P-3-89) (G) AUTHORIZATION TO PURCHASE ONE 1990 POLICE KAWASAKI MOTORCYCLE FROM KENT KAWASAKI, INC. ($6,702.20) 2. AUDIENCE 3. PRESENTATION OF COMMUNITY SERVICE AWARD TO DON NICHOLSON 4. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING APPEAL OF (60 MINUTES) MITIGATED DECLARATION OF NONSIGNIFICANCE AND HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED 10-LOT PRD/SUBDIVISION AT 7370 NORTH MEADOWDALE RD. (ROBERT & JOANNE ANDERSON/PRD-1-89/P-5-89) 5. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING APPEAL OF (60 MINUTES) MITIGATED DECLARATION OF NONSIGNIFICANCE AND HEARING EXAMINER RECOMMENDATION REGARDING. PROPOSED 5-LOT SUBDIVISION AT 747 EDMONDS ST. (AP-49-89/P-4-89/SEAWOOD HOMES) 6. MAYOR 7. COUNCIL 8. EXECUTIVE SESSION - REAL ESTATE MATTER THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE