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