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03/06/1990 City CouncilTHESE MINUTES SUBJECT TO MARCH 20. 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES MARCH 6, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Pro Tem Nordquist at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag sa- lute. John Nordquist, Mayor Pro Tem Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember ABSENT STAFF - Larry Naughten, Peter Hahn, Comm. Svc. Director Mayor Duane Bowman, Asst. City Planner Brian Mason, Bob Alberts, City Engineer Student Rep. Jack Weinz, Fire Chief Art Housler, Admin. Svc. Director Bobby Mills, Public Works Supt. Dan Prinz, Police Chief Arvilla Ohlde, Parks & Rec. Mgr. Scott Snyder, City Attorney Jackie Parrett,'City Clerk Margaret Richards, Recorder Council President- Nordquist served as Mayor Pro Tem in the absence of Mayor Naughten. CONSENT AGENDA Items (8), (M), (N) and (P) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the. Consent Agenda include the following: (A) ROLL CALL 6244-v-,v (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM -FOR DAMAGES FROM BETTY GORSIK ($150,000) (D) AUTHORIZATION TO ACCEPT EASEMENTS FOR SHELL CREEK BY-PASS PROJECT (E) ADOPTED ORDINANCE 2763 APPROVING SNOHOMISH COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT za'L PLAN AND APPROVING INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY FOR ADMINISTRATION AND IMPLEMENTATION OF SAID PLAN (F) AUTHORIZATION TO REPLACE UNIT 0429 (1986 CHEVROLET ECONOMY PICKUP) AND PURCHASE 1990 �- CHEVROLET ECONOMY PICKUP FROM WASHINGTON STATE VEHICLE PURCHASING CONTRACT ($11,930) (G) AUTHORIZATION TO CALL FOR BIDS FOR SHELL CREEK IMPROVEMENTS PROJECT 99� (H) AUTHORIZATION TO CALL FOR BIDS FOR 1990 WATER REPLACEMENT PROGRAM y (1) AUTHORIZATION TO CALL FOR BIDS FOR 1990 OVERLAY PROGRAM 6 (J) ADOPTED ORDINANCE 2764 APPROVING CONTRACT REZONE FOR PROPERTY LOCATED AT 22211 - 76TH AVE. W. FROM RM-2.4 TO CG (IKEGAMI/R-2-89) (K) AUTHORIZATION FOR MAYOR TO EXECUTE PERMIT WITH BURLINGTON NORTHERN RAILROAD FOR CONSTRUCTION OF OUTFALL FOR SHELL CREEK STORMWATER BYPASS p L) APPROVAL OF SELECTION OF ATELIER LANDSCAPE ARCHITECTS FOR BRACKETT.'S LANDING UPLAND u`a IMPROVEMENTS PROJECT ,(0) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO HEARING ON HEARING C. EXAMINER RECOMMENDATION REGARDING APPEAL -OF 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/MARY HENNUM) APPROVAL OF MINUTES OF FEBRUARY 27, 1990 [ITEM (8) ON THE CONSENT AGENDA] Councilmember Kasper referred to a memorandum from the City Clerk indicating the following: Councilmember Palmer requested an amendment on page 4, following the third paragraph from the bottom, in which he noted that the graphic procedure in the report had changed in that the previ- ous month you could see the difference between the projected expenditures and the actual and you could tell they are departing, but in this month's report the original line disappeared, and he would like the original line maintained. Mr. Benges said they could do that. He also requested an amendment at the top of page 5. The motion to approve amendment #8 to the contract was second- ed by Councilmember Wilson rather than Councilmember Palmer, as stated in the minutes. Councilmember Kasper requested a correction to the subject minutes on page 11, fourth paragraph, to replace that paragraph with the statements taken from the tape as follows, "Councilmember Kasper said he had discussed with Senator Gary Nelson at their last meeting in Olympia the arti- cle in the newspaper about the super ferries. Senator Nelson said there is no way that can fit into the budget; it's part of the method of the DOT coming out of the shell starting to build for next year's budget or beyond and virtually guaranteeing it wouldn't be there, so that was all Councilmember Kasper could report." COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO INCLUDE THE AMENDMENTS TO THE MINUTES. MOTION CARRIED. (A motion was made to approve the minutes later in the evening.) AUTHORIZE SCHOOL v Councilmember Hertrich inquired from what fund the monies will emanate. Community Services Direc- tor Peter Hahn replied the Combined Utility Fund, as indicated in the Staff memorandum. Council - member Hertrich wondered why a hazardous waste presentation is proposed to be funded from that fund. Mr. Hahn explained that household hazardous wastes are frequently disposed of through the sewer system and catch basins, which affect the quality of the water. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (M). MOTION CARRIED. Councilmember Jaech pointed out that the minutes were not approved. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE FEBRUARY 27, 1990 MINUTES AS AMENDED. MOTION CARRIED. OF FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO HEARING ON APPEAL OF ARCHITECTUR- n1_ vwaun ovnw UL%,aJavn nLunnuana rnvrvaw V WILI U-1-1- n1 .. R'D C GR S P- - DB- - NTHE-CONSENTG D Councilmember Dwyer said he received a call from Mr. Noack regarding questions about the Findings of Fact. Councilmember Dwyer requested a continuance of Item (M) for two weeks to allow him to listen to the tapes and provide Mr. Noack with the answers to his questions. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CONTINUE ITEM (M) FOR TWO WEEKS ON THE CONSENT AGENDA. Councilmember Palmer inquired if a hardship would be created for the builder by postponing approv- al of item (M). Assistant City Planner Duane Bowman said the building is not scheduled for occu- pancy or issuance of a building permit, and he doubted that they delay would create a hardship. MOTION CARRIED. AND CONCLUSIONS OF LAW GRANTING PRELI COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO PLACE ITEM (P) AFTER ITEM 9 ON THE CONSENT AGENDA. COUNCILMEMBER DWYER AMENDED THE MOTION TO PLACE ITEM (P) BETWEEN ITEM 4 (HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED STREET VACATION OF EAST HALF OF 74TH PL. W. BETWEEN NORTH MEADOWDALE ROAD AND 162ND ST. S.W.) AND ITEM 5 (HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED ORDINANCE AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO LAND CLEARING AND TREE CUTTING) ON THE AGENDA. COUNCILMEMBER HERTRICH AND COUNCILMEM- BER WILSON CONCURRED. MOTION CARRIED. Mayor Pro Tem Nordquist inquired about the purpose of the executive session (item 6 on the agen- da). Councilmember Hertrich said it was related to item 7 on the agenda (authorization to pur- chase temporary construction easement from Mr. and Mrs. John Rowe and Ms. Lorena Strickland for Shell Creek improvement project), but he doubted that it was necessary to discuss that issue in an executive session because he said there is no problem. (The executive session was removed from the agenda.) EDMONDS CITY COUNCIL MINUTES Page 2 MARCH 6, 1990 AUDIENCE Mayor Pro Tem Nordquist opened the audience portion of the meeting. Tom Snyder, 8204 - 182nd P1. S.W., Postmaster, submitted a letter to the Council. Mr. Snyder stated that on March, 1, 1990, the Edmonds Post Office lost eighteen employee parking stalls that it had been leasing from the Diamond parking lot at the northwest corner of 2nd and or Main Street because the conditional use permit for a temporary commercial parking lot under Edmonds Community Development Code,16.50.010-(c) (1) expired. Mr. Snyder said after discussions- with Diamond parking and the owners, First Western Development, both parties are anxious to continue the lease. Mr. Snyder requested assistance from the City Council in the form of either the granting of a permanent parking permit or the extension of a conditional use permit for a temporary commercial parking lot for three years. Mr. Snyder said the parking arrangement with Diamond parking prior to March 1990 resolved a com- plaint from local residents that were upset about* postal employees parking in front of their residences. He said the Diamond parking lot has provided additional parking in the downtown area not only to benefit the postal service employees but has also served as overflow parking for other downtown businesses. Mr. Snyder said the Diamond parking lot is not an eyesore to the community because landscaping has been provided. He said making the parking lot a permanent parking lot will add to storm drainage problems and the "Sea of Asphalt". Mr. Snyder said postal employee car pooling is used to the greatest extent possible. However, daily workload fluctuations require some employees to work overtime, while other end their shift on time. He said the postal service is looking at the Diamond parking lot near the Amtrack sta- tion, but there is a concern for employee security for employees who are required to work in the early morning hours before sunrise and in the evening after dark. Mr. Snyder requested the City Council to grant either a permanent parking lot permit or extend the temporary parking lot permit until spring of 1.993. Mr. Snyder noted that the property at Perrinville was purchased for a post office annex, and con- struction will commence in October 1990 with a move -in date in 3 years. Mr. Snyder noted that 45 to 50 employees will be relocated, and an extension of the parking permit will alleviate the parking problem until that time. Councilmember Jaech inquired about the availability of parking in the City's parking lots on 4th Avenue and behind Security Pacific Bank. City Clerk Jackie Parrett said the lot behind the bank is full, and the lot on 5th Avenue has two to three spaces available at the present time. Councilmember Palmer inquired what percentage of the Diamond parking lot the postal employees utilize. Mr. Snyder replied 40%. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REQUEST STAFF TO FOREBEAR FROM PROSECUTION AND MAKE A RECOMMENDATION TO THE PLANNING BOARD REGARDING REVIEW AND AMENDMENT OF SECTION 17.50.090. Councilmember Hertrich inquired why the postal service waited for the lease to expire to address the parking problem rather than planning ahead. Mr. Snyder said the real estate company did not receive the thirty day notification from Diamond parking that the lease was near expiration. MOTION CARRIED. NG ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED STREET VACATION OF WEST 30 FEET OF PL. W. AND ALL OF 74TH PL. W., LING BETWEEN NORTH MEADOWDALE RD. AND 162ND S -S.W. J,164a_5 I Assistant City Planner Duane Bowman reported that in 1979, with the passage of Ordinance 2073, Pc Che City vacated the undeveloped right-of-way of 75th Avenue West. The compensation for the right-of-way was the dedication of 40 feet adjacent to 75th Place West. At that time, he said it was believed that the roadbed of 75th Place West was located in the 40 foot area but it is now known that the road is not built within the 40 foot dedicated strip. Mr. Bowman said the City received petitions requesting a vacation of the westerly 30 feet of 75th Place West and all of 74th Place West, both lying between North Meadowdale Road and 162nd Street Southwest. EDMONDS CITY COUNCIL MINUTES Page 3 MARCH 6, 1990 Mr. Bowman said the Hearing Examiner held a public hearing a December 21, 1989 on the street vacation petitions. The Hearing Examiner issued his report on January 8, 1990 recommending ap- proval of the requested street vacations, subject to the conditions listed in his report. Mr. Bowman reviewed a vicinity map showing the rights -of -way and how the street vacations will relate to the vicinity, as well as the Group/4 Engineers survey showing the proposed realignment for 75th Place West from 164th to 156th. Mr. Bowman reviewed the conditions of the Hearing Examiner as follows: 1) approve the 30 foot vacation on the west side of 75th Place West at 197§ prices; 2) retain utility easements over the existing utilities that are in the area that are proposed to be vacated; and 3) require easements on 74th Place West between properties 1-11 and 54-57. Mr. Bowman reviewed Staff's recommendations as follows: 1) the City be compensated with a dedica- tion of land comparable in both size and value to the 30 foot strip of 75th Place West. Discus- sions to date have centered around the dedication of lots 8, 9 and 10 of Block 59 to the City for park purposes; 2) the right-of-way of 74th Place West be vacated in exchange for quit claim deeds for the as -built road'of-75th Place West and that reciprocal access easements be granted in perpe- tuity among all the property owners acquiring the 74th Place West right-of-way. Further, that the building encroachment into the east half of 74th Place West be resolved prior to recording the vacation ordinance; 3) the City be granted a 10 foot utility easement to be centered over all existing utilities in the vacated rights -of -way or areas adjacent to the rights -of -way; 4) the recommended conditions outlined in the letters from Reid -Middleton & Associates be included as requirements that must be completed prior to recording of the street vacation ordinance; 5) a center line be established for 75th Place West for a 40 foot right-of-way between 164th Street Southwest and 156th Street Southwest; 6) all dedications and vacations shall be based upon a center line legal description of 75th Place West; and 6) property owners provide the necessary survey, legal description and legal documents prior to recording the ordinance. Councilmember Dwyer inquired which recommendations the property owners will be in disagreement with. With the exception of the requirement to provide the necessary survey, legal description and legal documents prior to recording the ordinance (because of the cost), Mr. Bowman said the property owners are in general agreement with each other on what they want accomplished in the area and with the recommendation by the City. Mr. Bowman noted that the City cannot guarantee where individual property lines are. He said the City wishes to resolve where the right-of-way actually is. Councilmember Dwyer inquired if the City would be satisfied if the property owners resolved dis- putes relating to building encroachments through a court of law. City Attorney Scott Snyder said the City does not direct where property goes when it is vacated. He said to a certain extent, the burden is upon the people who make the application. Mr. Snyder said the Council could re- quire a condition that building footprints of Mr. Mills home (lot 9) be deeded to him or quit claimed. He said, however, the City has no tool to convince a court that property go one way or the other. Councilmember Kasper wanted to protect all parties involved. He said a can or worms was being opened and "we have to take care of all the parcels to bring them back so they all have deeded land underneath the properties". Councilmember Kasper said "there is a switch going on and it is important to do the whole thing or nothing at all". Councilmember Palmer noted that view property will be vacated if the request is approved.and that lots 8, 9 and 10 of Block 59 look to the back side of the wharf. He inquired why Staff requested that lots 8, 9 and 10 be dedicated to the City in exchange for the 30 foot strip on 75th Place West rather than lots 1 and 2, which border a walkway. Mr. Bowman said the topography of lots 8, 9 and 10 is much flatter than lots 1 through 7 and, additionally, the sewage lift station is adjacent to lots 8, 9 and 10. Councilmember Palmer inquired if the Parks & Recreation Manager has reviewed the selection of those lots. Mr. Bowman replied affirmatively. Councilmember Hertrich inquired if the Planning Board has looked at the possibility of acquiring lots 1 through 10 on Block 59 for a City park. Mr. Bowman said the Board discussed that issue, but the question of funding came up. He said it would be desirable to acquire all of those lots because they are undeveloped at the present time. Councilmember Hertrich inquired if the; ;request- ed 30 foot vacation will provide room for a roadway and sidewalks. Mr. Bowman said most of the road improvements are on the east side of the right-of-way. He said it appears that there is sufficient room on the west side of the existing improvements to put in a pathway. Councilmember Hertrich inquired why the Hearing Examiner recommended that compensation for the vacated right- of-way be based on 1979 market value rather than 1990 market value. Mr. Bowman surmised (that the Hearing Examiner took into consideration that the right-of-way was acquired in 1979 at a time it EDMONDS CITY COUNCIL MINUTES Page 4 MARCH 6, 1990 when it was believed by the property owners that the road improvements were on the west side of 75th Place West when, in fact, they are on the east side. Councilmember Hertrich inquired how the City acquired the right-of-way on 74th Place West. Mr. Bowman said that was part of the original plat of Meadowdale Beach. In response to a question by Councilmember Hertrich, Mr. Snyder said if the Council sets a series of conditions upon vacation of the requested right-of-way, they will be contained in the ordi- nance, which would instruct the City Clerk not to record a copy of the vacation ordinance until all of the conditions have been met. He said the variance ordinance would then be recorded, which simply vacates the property. Mr. Snyder said in most instances, ownership interest is determined on what a title company will issue a policy on. Mr. Snyder said confirming the footprints of Mr. Mills property (lot 9) will confirm that his structure is nonconforming. He noted that if Mr. Mills' house burned down, his right to rebuild would be limited. Mr. Snyder said it would be prudent for Mr. Mills to initiate a variance re- quest. Mayor Pro Tem Nordquist opened the public portion of the hearing. Roger McCorkle, 19811 - 3rd Ave. N.W., Seattle, said the neighbors have worked very well together on the street vacation proposal, and they are hopeful that the Council will approve the request. He said they feel that they should not be required to pay for the cost of another survey because they believe the discrepancy is a result of a past City action. Mr. McCorkle, in reference to compensating the City for the vacated right-of-way, said the cost of a survey for the center line of the existing road would be comparable value in terms of 1979 market value. He said the issue of compensation will be discussed in more detail at the next Planning Board meeting. Councilmember Hertrich said it was his understanding that Mr. McCorkle previously agreed to pay for the cost of the survey of the center line of the existing road. Mr. McCorkle said he made a verbal agreement to pay for that survey in exchange for the right-of-way vacation, and the discus- sion did not take into consideration lots 8, 9 and 10. He said 1979 market value changes the formula for remuneration, and he pointed out that the individual value of lots 8, 9 and 10 is at least $150,000. Councilmember Hertrich inquired how many lots can be developed if the 30 foot strip is not vacated. Mr. McCorkle replied three. Councilmember Hertrich inquired how many lots can be developed if the 30 foot strip is vacated. Mr. McCorkle replied four. Mr. McCorkle said the assessor told him there were close to five lots when he bought the property but when he sur- veyed the property, he discovered that he only had three lots. Councilmember Dwyer inquired about the cost of the survey for the center line. Mr. McCorkle said he believed it would be approximately $20,000. Councilmember Palmer inquired if the vacation of the right-of-way in exchange for lots 8, 9 and 10 was acceptable to Mr. McCorkle. Mr. McCorkle said only under the conditions of the written, signed and notarized contract with the City that has been approved'by the Planning Board. Mr. McCorkle said the conditions contained in the information before the Council does not meet the criteria of value for value; the 30 foot strip is not worth 1/10th the -value of lots 8, 9 and 10. Councilmember Jaech inquired to what contract Mr. McCorkle referred. Mr. Bowman explained that Mr. McCorkle has applied for a contract rezone on his property, lots 1 through 10, from RS-20 to RS-12. Mr. Bowman said with the contract rezone in place and dedication of lots 8, 9 and 10, Mr. McCorkle can develop 4 lots that are approximately 15,000 square feet. Mr. Bowman said the Plan- ning Board has recommended approval of the rezone, and the matter will be heard by the Council in April. Dr. Robert Anderson, 7370 North Meadowdale Rd., said he did not believe there is any problem with the survey document, description and legal costs for 74th Avenue West. Dr. Anderson said Mr. Mills' home projects into the east half of the right-of-way, but an agree- ment has been reached to dedicate or sell a strip of property to him that would locate his home within his boundaries and give him a 6 foot buffer on the east half of lots 8, 9 and 10 and the south half of lot 8. Dr. Anderson said he believes the PRO stands on its own and does not require approval of the resolution. EDMONDS CITY COUNCIL MINUTES Page 5 MARCH•6, 1990 Councilmember Hertrich inquired to what benefit the dedicated right-of-way would serve the PRO. Dr. Anderson said portions of the right-of-way are included in the landscaping for the PRO. Councilmember Hertrich inquired if the residents of lots 1 through 11 would be able to use the easement. Dr. Anderson said theoretically all of the residents of lots 1 through 11 would be able to use it, but he said it would require a considerable expense to the owner of lot 5 to provide access to his property because of the topography. Phyllis Wiggins, 16012 - 74th P1. W., owner of lots 1, 2 and 3, said her garage projects into the existing easement. She said the easement is only partially paved, and she has maintained that portion all along. She inquired if she would be responsible for maintenance of that portion if the right-of-way vacation is approved. Mr. Snyder said without a specific agreement, a court would determine liability for repairs equitably by dividing the cost. He said the safest ap- proach for Ms. Wiggins would be to obtain a written agreement from the neighbors for ja joint maintenance agreement. Melvin Ebert, 16013 - 75th Pl. W., owner of lot 5, said there used to be three parking spaces adjacent to his property on 75th Place West that he used for seventeen years until improvements were made. He said he cannot park in the rear of his property because there is no access. He inquired if he will be allowed to park on the City's right-of-way if the vacation is approved. Mr. Snyder said the City can remove a parking right at any time within its own right-of-way. He said a practical solution to Mr. Ebert's parking problem is a decision to be made by the Coun- cil: City engineer Bob Alberts pointed out that parking would be restricted on 75th Place West if lots 1 through 7 were developed. Mr. Ebert said it was his understanding that lots 1 through 3 would access from 75th Place West but lots 4 through 10 would access from 75th Avenue West, which would provide potential parking for him across from lots 5 and 6. Councilmember Palmer inquired if parking and a sidewalk could be provided with the proposed new right-of-way. Mr. Alberts replied affirmatively. Mr. Ebert inquired about the ownership of the property adjacent to his home where he used to park. He said he asked the City to put in gravel in the past, and Staff told him that property was privately owned and the City could not accommodate him. But Mr. Ebert said he received a parking ticket from the Police Department because the police said he was parking on the City's right-of-way. Mr. Hahn explained that at one time the property was privately owned, but .in 1979 a vacation occurred and it became the City's right-of-way. Mr. Snyder said if there is an area adjacent to the street that would not interfere with traffic, one solution may be to have Staff initiate a street use permit for Mr. Ebert that would require annual renewal. Public Works Super- intendent Bobby Mills noted that Mr. Ebert, and not the City, would be responsible for maintain- ing the parking area provided for him if a.street use permit were issued. Cheryl Beyer, 16013 - 75th Pl. W., speaking on behalf of her father, Mr. Ebert, inquired if a guarantee will be made by the City that the survey that the residents are required to conduct will be the survey that is relied upon to determine where the property lines actually are. She inquired, also, how the survey can be conducted if the City does not know where the center line is. Ms. Beyer concurred with the statement made earlier by Councilmember Kasper that a big can of worms is being opened. She believed it was the City's obligation to "straighten it out". She said, "A major portion of the road situation has been the City's fault by just putting the road where it was most convenient instead of actually getting out there and doing the proper survey at the time". Mr. Snyder explained that surveying is not an exact science, and he said the best one can do is to obtain the best surveyor available. Ms. Beyer said costs to the residents would be minimized if the City devised a mechanism for allowing one survey to determine where the center line is located. She said the neighborhood is an established neighborhood and everyone has got- ten along very well over the years, and she wanted to avoid legal disputes between the residents over this issue. Mr. McCorkle said the entire area was surveyed. He said it is remarkable that most of the,proper- ties "fit" and most of the right-of-way, as built, lies within the right-of-way. He said the areas proposed to be vacated are some of the few places that are in conflict. Mayor Pro Tem Nordquist closed the public portion of the hearing. Councilmember Hertrich inquired about the original agreement that Mr. McCorkle made with respect to a survey. Mr. Hahn said a neighborhood survey was previously conducted, which cost $26,000. He said Mr. McCorkle made several presentations to the Community Services Committee, but the agreement was never put into writing; there was just an understanding that he would resolve the legal issues with the neighbors. Councilmember Hertrich inquired if Mr. McCorkle had agreed to continue the survey. Mr. Alberts replied affirmatively. Mr. Alberts said Mr. McCorkle spoke EDMONDS CITY COUNCIL MINUTES Page 6 MARCH 6, 1990 McCorkle spoke with the Council in 1987 and discussed continuing the survey from 164th to 156th. Mr. Alberts said the City's consultants, Reid -Middleton & Associates, concurred with Mr. McCorkle's proposal to swap land between 162nd and North Meadowdale Road as long as the center line for the entire length of the road was established. Councilmember Hertrich inquired if Mr. McCorkle indicated at that time that he would initiate a survey to determine where the center line was. Mr. Alberts replied affirmatively. Councilmember Hertrich expressed concern that the commitment by Mr. McCorkle to complete the survey has not been fulfilled and he, instead, is requesting the City to complete it. Councilmember Hertrich said the Council should bear in mind that Mr. McCorkle will gain an additional lot if the 30 feet is vacated. He questioned whether lots 8, 9 and 10 qualify for potential use as park lands. He said he was not opposed to vacating 74th Place West but had some reservations about the proposal to vacate 75th Place West. Councilmember Kasper said lots 8, 9 and 10 are extremely suitable for City use. He said the City must require Mr. McCorkle to fulfill his commitment, noting that the City was in a favorable position because the vacation of 75th Place West would be of benefit to Mr. McCorkle. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE ENTIRE VACATION, ST-3-89, WITH THE CONDITIONS SET FORTH IN STAFF'S RECOMMENDATIONS AND THAT THEY BE WORKED OUT BETWEEN THE PARTIES IN DETAIL, WHICH IS THE GENERAL PUBLIC ON 75TH PLACE WEST, DR. ANDERSON, MR. McCORKLE, THE CITY, AND THE PARK SITUATION. Council member Hertrich inquired if the motion included the cost of the survey of the center line. Mr. Snyder said the motion requires the property owners to provide the necessary survey, legal description and legal documents. Councilmember Palmer clarified that the Staff's recommendation in the Council packet was not as detailed as the recommendation enunciated by Mr: Bowman in his presentation to the Council. Coun- cilmember Kasper said, "Let's make this Exhibit 3, the request, conditions, and the Staff and hearing recommendations summaries as the third condition". Councilmember Palmer inquired about the wisdom of the City recognizing the Group/4 survey as the true and accurate survey or any other survey. -Mr. Snyder said the City cannot try title to land. He suggested that a survey be conducted that is as accurate as is possible that ties in with as many other surveys and that reliance of the survey be based on those points of congruence with other surveys. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AMEND THE MOTION TO MAKE THE DEDICATION OF LOTS 8, 9 AND 10 FOR PARK PURPOSES AS A REQUIREMENT FOR APPROVAL. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AMEND THE MOTION THAT THE CITY AND MR. McCORKLE SPLIT THE COST OF THE SURVEY OF THE CENTER LINE. 'MOTION CARRIED. THE MAIN MOTION, AS AMENDED, CARRIED. The meeting recessed at 8:45 p.m. and reconvened at 8:50 p.m. Mr. Snyder said because of the number of contingencies and documents .to be gathered, as well as the fact that Mr. McCorkle made his acceptance contingent upon another Council action, he suggest- ed that the ordinance be put on the agenda after Mr. McCorkle's request for the rezone is heard. In response to a suggestion by Councilmember Palmer that Staff explore the possibility of a street use permit for Mr. Ebert, Mr. Snyder said Mr. Ebert would not have to pay a permit fee if the City initiated the request. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, THAT THE CITY INITIATE THE REQUEST FOR A STREET USE PERMIT FOR PARKING FOR MR. EBERT ON THE EAST SIDE OF 75TH PLACE WEST. MOTION CARRIED. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED STREET VACATION OF EAST HALF OF Ate" 74th PL. W. BETWEEN NORTH ME D D LE D. ND ND S . S.W.ST- - R BER AND NN NDERS N 1)� In conjunction with their application for a Planned Residential Development, Robert and Joanne Anderson petitioned the City to vacate the easterly half of the undeveloped right-of-way of 74th Place West, lying between North Meadowdale Road and 162nd Street Southwest. This petition was EDMONDS CITY COUNCIL MINUTES Page 7 MARCH 6, 1990 filed as a separate action from the previous street vacation request in the event the application was denied. On January 4, 1990, the Hearing Examiner held a public hearing on the street vacation. request along with the PRO and other related applications. The Hearing Examiner issued his report on January 20, 1990 recommending approval of the street vacation request, subject to the conditions listed in his report. If the City Council approved ST-3-89, this street vacation request would be moot. If street vacation request ST-3-89 were denied, Staff recommended approval of the street vacation request ST-4-89, subject to conditions. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL DEEM ST-4-89 TO BE MOOT, GIVEN THAT THE COUNCIL VACATED THE ST-3-89 PROPERTY WITH CONDITIONS. MOTION CARRIED. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING PRELIMINARY APPROVAL OF PROPOSED 10 R D ,_,)LOT PRD/SUBDIVISION AT 7370 NORTH MEADOWDALE RD. PRD- -8 P- - EM P N THE CONS N P� AGENDA COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (P). MOTION CAR- RIED WITH COUNCILMEMBER PALMER OPPOSED. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED ORDINANCE AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO LAND CL RING ND REE CUTTING CDC- - /C T F OMONDS J�Assistant City Planner Duane Bowman reported that on April 26, 1989, the Planning Board held a public hearing on a proposed Code amendment which would establish new regulations governing tree cutting and clearing in Edmonds. He said the development of these proposed regulations emanated from several months of public meetings and hearings. Mr. Bowman said the Planning Board recommendation was reviewed by members of the Community Servic- es Committee who then referred the matter to the City Council. He noted that the Planning Board recommendation includes retention of existing City policies regarding -tree cutting on public property and sets forth new regulations for tree cutting and clearing on private property. Mr. Bowman said it is Staff's recommendation to adopt the Planning Board recommendations and direct the City Attorney to prepare the necessary ordinance. Contrary to what some people believe, Mr. Bowman said the proposed ordinance does not prohibit the cutting of trees but encourages more responsible action. Mr. Bowman reviewed sections of Chapter 18.45 - Land Clearing and Tree Cutting. He noted that the administrative authority of the Code would be the City's Planning Division Manager or his/her designee.. Councilmember Hertrich inquired if the proposed ordinance was initiated to address indiscriminate clearing by developers. Mr. Bowman replied negatively. He said it encompasses not only undevel- oped lands but lands that are designated as environmentally sensitive and that have no permit process. Councilmember Hertrich inquired if a map exists that depicts the environmentally sensi- tive areas. Mr. Bowman replied affirmatively. Councilmember Hertrich inquired if a person would be restricted from cutting a tree in an environmentally sensitive area. Mr. Bowman said a person would not automatically be restricted from cutting a tree but would have to obtain a permit to do so. He said the Planning Board did not recommend topping of trees as an appropriate method of pruning and discussed replacing a tree with another species if it is to be removed. Councilmem- ber Hertrich questioned the viability of Staff surveying all of the trees in the City. Mr. Bow- man said Staff does not intend to survey all of the trees. In response to Councilmember Hertrich, Mr. Bowman said it is not the intent of the proposed ordinance to require individual single family home owners to obtain a clearing permit on a steep lot if they fall within the parameters included in the exemption section. For the public's benefit, Councilmember Jaech requested Mr. Bowman to clarify the issue of prun- ing fruit trees. Mr. Bowman said pruning of fruit trees is considered routine maintenance and is exempt from the ordinance. Councilmember Kasper inquired about penalties. Mr. Bowman said a penalty would be assessed on the day that a violation occurred up to a maximum of $10,000. Councilmember Kasper inquired how Staff will determine when a violation has been rectified other than by replanting of a tree. Mr. Bowman replied when a remedy for replanting a tree has been submitted to the City. EDMONDS CITY COUNCIL MINUTES Page 8 MARCH 6, 1990 Councilmember Kasper did not feel the public had an opportunity to review the proposed ordi- nance. He suggested that it be placed in public areas for review and that the proceeding before the Council be considered as a first hearing. Councilmember Kasper expressed concern with the language in the definition section because he said it is not the same language that is used in the industry or by the general public and it is confusing. Councilmember Kasper thought the proposed ordinance should be reviewed in-depth, and the Council should consider view lots and lots without views as separate issues. Councilmember Dwyer inquired what limitations would be written into the ordinance so that every tree that is removed is not fined up to $10,000. Mr. Bowman said the monetary fine is intended to penalize a developer who willfully cuts down trees without obtaining the necessary permits. He said the violations and penalties section can be rewritten if it is unsatisfactory to the Council. He said that section is not directed to a single family home owner who cuts down a tree on his lot without being aware that he lives in an environmentally sensitive area. Councilmember Jaech inquired how the ordinance addresses the preservation of view corridors for a project under construction in which landscaping has not been planted yet. Mr. Bowman said it has been recommended that the ADB review that issue when a project comes before them. He said the Planning Board recently submitted a recommendation to the Council with respect to fences and hedges that will address the view issue. Mr. Bowman said the City has no control over a single family residence unless it is located in a subdivision or PRO and the owner of the property subdi- vision or PRO agrees to institute a private restrictive covenant. Councilmember Jaech inquired if the ADB has a list of trees that will grow to a certain height for which they can recommend for a landscape plan for a project that is before them for review. Mr. Bowman replied negative- ly. He noted, however, that the Planning Board recommended to the Council adoption of a land- scape policy by the ADB. In response to a question by Councilmember Wilson, City Attorney Scott Snyder said the City has discussed, with respect to a subdivision, identifying view corridors and imposing both view ease- ments and appropriate growth easements that restrict species of trees to a specific growth pat- tern. Councilmember Palmer pointed out that the idea that the public does not know about the proposed ordinance was incorrect because hearings were held over a period of a year and a half at the Planning Board level, numerous newspaper articles were written, and a recommendation has been before the Council for approximately a year. * Councilmember Palmer inquired if there was flexibility for the Planning Division Manager in impos- ing a fine of up to $1,000 on any individual tree. Mr. Bowman replied affirmatively. He said it is solely up to the Planning Division Manager to decide what amount to impose based upon the severity of the violation. Councilmember Wilson did not believe the proposed ordinance would accomplish much because prob- lems exist that the ordinance does not address. He said controls must be placed on developers, but he said the community will not be impacted a great deal because individual property owners allow trees on their property to grow "abusively, lowering property values for their neighbors". He said the City also allows trees on City property to grow to excessive heights. Mayor Pro Tem Nordquist opened the public portion of the hearing. Jack Bevin, 19210 - 94th W., forester, said the liability of damage to neighboring property would be considerable if the City requires that certain trees be retained in an area that will be exten- sively cleared. He said topped trees are also dangerous in windstorms because the limbs branch out at the top and eventually create an even larger tree. Kurt Dunphy, 1126 "B" Ave., said he has not heard any discussion regarding the policy of changes to public land or regarding the blockage of a neighbor's view by a tree on an adjacent property in which the owner of the tree does not want to remove it. Mr. Dunphy said the $10,000 fine does not seem excessive to him, especially since it is aimed at developers who. have a lot of money. Mr. Dunphy said the corrections to the abuses mentioned by Councilmember Wilson would result in abuses to other people. * See Council Minutes of March 20, 1990 EDMONDS CITY COUNCIL MINUTES Page 9 MARCH 6, 1990 Richard Slettvet, 21027 Shell Valley Rd., was of the opinion that the public had many opportuni- ties to review the proposed ordinance because he said it was passed unanimously by the Planning Board after three months of hearings. Mr. Slettvet said the City of Lynnwood had a tree cutting ordinance in effect for several years and found that it was "toothless" ... it did not have any penalties and the developers ignored it. He said, however, the city rewrote the ordinance last year to include penalties. Mr. Slettvet said a developer should have the option of clearing trees on a parcel if they are undesirable but should be required, in turn, to replant the area to mitigate the effect of mass clearing. He said the landscaping plan should be bonded to insure that it will be implemented. Doug Herman, 321 - 3rd Ave. N., said he would prefer that one tree be planted in place of a tree that is removed rather than up to 3 trees for every tree that is removed. Mr. Herman said construction has taken place in the City that could not otherwise have been done without the removal of trees and replanting of trees. He said if the City requires him, as a builder, to retain certain trees, he will insist that the City accept the liability if damage occurs if a trees falls during a windstorm. Mr. Herman said the condominiums that he is presently constructing probably could not be con- structed if he were required to maintain the drip line around several the trees. Mr. Herman was concerned by the delay that will result if the proposed ordinance is adopted and a review process is required to obtain permits. Mr. Herman said the ordinance does not address the issue of view preservation if it requires that the same species of trees be planted in place of a cut tree. Mr. Herman felt the $10,000 maximum fine was excessive. Mr. Herman pointed out that the number of lots that are undeveloped in Edmonds are very few. He was hopeful that the Council will review the ordinance in-depth before taking any action. Kass Turnbull, 906 N.W. 87th, Seattle, said she was surprised that so much of the testimony given has nothing to do with the issue, view clearing. Ms. Turnbull said the proposed ordinance seems to be fairly sensible, and there is enough, leeway to allow developers to conduct business in a reasonable manner. Ms. Turnbull said the penalty for violations "seemed a bit whimpy... sort of gutless". Ms. Turnbull said she was glad to see that the Planning Board recommended that topping not be considered as an appropriate pruning method. She said she sent the Board a considerable amount of literature regarding the ill effects of topping and how it is universally condemned by profes- sional in the field of arboreculture as not only an exceedingly ugly practice but one which can lead to questions of liability when hazardous trees are created through topping. Bob Noack, 317 - 3rd Ave. S., #103, said 18.45.030 (A) of the proposed ordinance should be amend- ed if the single family lot is located in a multifamily zone. He said those lots should not be exempt from the ordinance because a developer has the ability at the present. time to clear the lot before an application is submitted to the City. He said 18.45.030 (I) should be revised to include multifamily development so that adequate landscaping is provided, and 18.45.050,(H)(1) should be revised to include multifamily zones. Mr. Noack felt the ADB has been hindered in their review of projects because the City allows overdevelopment of a parcel. Mr. Noack said the Council should consider in what zone trees should be preserved. He thought that a specific type of tree in view sensitive areas would solve the view problem. Mr. Noack submitted a copy of the City of Lynnwood code to Mr. Bowman. Shirley Dunphy, 1126 "B" Ave., said the penalty for violations was totally and offensively trivi- al to her. EDMONDS CITY COUNCIL MINUTES Page 10 MARCH 6, 1990 Ms. Dunphy inquired how the proposed ordinance will affect 7th & Elm. Mr. Bowman said the Plan- ning Board has recommended that the City retain its existing resolution 418, which states that the City does not trim, top or cut down trees for view enhancement unless the tree poses a hazard to the public. Ms. Dunphy said the residents of the area adjacent to the City's property on 7th and Elm do not want the City's parcel developed or sold or trees topped. She inquired if that parcel will be "safe". Mr. Hahn replied affirmatively. Mr. Bowman noted that that parcel is zoned as open space. As a procedural matter, Mayor Pro Tem Nordquist adjourned the meeting at 10 p.m. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CONSIDER THE HEARING AS A FIRST HEARING. MOTION CARRIED. Jeanie Anderson, 16727 - 74th Pl. W.,_ said she lives in a home with a view but considers her trees to be more important than a view of the Sound. Ms. Anderson commended the Planning Board for the time and effort they have expended on the is- sue. She hoped the Council would consider their recommendations more carefully. Ms. Anderson said she was disappointed that the proposed ordinance exempts utility maintenance. She thought the City should require that an arborist be consulted when a utility is to be in- stalled to help resolve some of the problems that trees present. Suzie Schaefer, 1055 Edmonds St., felt there was adequate notice for the hearing because she received three notices. Ms. Schaefer said the Planning Board worked very hard on the proposed ordinance, and she was in support of the document. Norm Nelson, 15729 - 75th P1. W., said he liked trees but thought that ornamental trees would be more appropriate in areas where overgrown trees obstruct a view. He asked why the City enforces a height limitation on buildings but allows trees to grow "forever". Stalker Buford, 958 Sprague St., suggested that the Council adopt an ordinance which prevents the planting of a tree that will obstruct a view in the future. He said he did not believe that topping of trees will solve view obstruction because topped trees grow to the same height or higher before it was topped within a relatively short period of time. Mayor Pro Tem Nordquist closed the public portion of the hearing. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO HOLD THE SECOND HEARING ON THE TREE ISSUE ON MAY 15, 1990. MOTION CARRIED. AUTHORIZATION TO PURCHASE TEMPORARY CONSTRUCTION EASEMENT FROM MR. AND MRS. JOHN ROWE AND MS. L1i�,Z LORENA S RICKL ND FOR -SHELL CREEK IMPROVEMENT PROJECT 9 00 City Engineer Bob Alberts reported that Staff has received a final verbal offer from Mr. and Mrs. John Rowe and Ms. Lorena Strickland to obtain a twenty-five foot temporary construction easement across their property at a cost of $9,000 plus some fencing and topsoil considerations. He said Staff believes the offer is approximately $4,000 higher than the cost of comparable easements but has taken into consideration project scheduling and the cost of condemnation. He said because it would be in the best interest of the City to accept the offer, Staff recommends that the Council accept the easement. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ACCEPT THE EASEMENT. Councilmember Palmer inquired from what source the funds would emanate. Mr. Alberts replied the Combined Utility Fund. MOTION CARRIED. PROPOSED RESOLUTION 695 PROVIDING FORMAL NOTICE OF CITY OF EDMONDS' INTENT TO WITHDRAW FROM THE PUGET SOUND COUNCIL OF GOVERNMENTS, EFF C IV FOR FISCAL AND CALENDAR R 1 COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE PROPOSED RESOLUTION. EDMONDS CITY COUNCIL MINUTES Page 11 MARCH 6, 1990 Councilmember Kasper said a lot of decisions are .made by the Puget Sound Council of Governments (PSCOG), and if the Council withdraws from that organization they will have no voice in the deci- sion -making process. He said the City is "missing the boat". Councilmember Hertrich concurred. Councilmember Palmer said he has not been satisfied with the product from PSCOG. He said by withdrawing its membership, the City will be sending PSCOG a message that he believed the organ- ization will take into consideration when its structure is reconfigured. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST, COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, COUNCILMEMBER PALMER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH AND COUNCILMEMBER KASPER OPPOSED. DISCUSSION OF COMMITTEE MEETING PROCEDURES Mayor Pro Tem Nordquist said he included items from the Community Services Committee meeting in the Council packets last week because he wanted them on record because there was some question as � C� to what some of the decisions were. Councilmember Kasper said the reason he objected to the items being placed on the Council's consent agenda is because he did not think the Council should be approving items from the committee meetings before they are approved by the committee itself. Councilmember Nordquist said he was only attempting to develop a format whereby the committee makes a recommendation to the Council so they can bring items before the Council. Councilmember Kasper said unless there is a specific recommendation and a motion by a committee, the item should not indicate that it was concluded by the committee. Councilmember Hertrich suggested that the committee system be changed because the Council meets as a whole for the Administrative Services Committee meeting first and there is not enough time to discuss individual committee meeting items afterwards. MAYOR Mayor Pro Tem Nordquist said a liquor license was submitted to the City for a change in the corpo- rate officers of the Cafe De Paris and will be recommended for approval if no objection is noted by the Council. No objection was noted. Mayor Pro Tem Nordquist referred to a letter from Port Manager Bill Stevens to Mayor Naughten expressing appreciation for the Fire Department's assistance during a recent disaster at the Port. COUNCIL Councilmember Hertrich noted that Mayor Naughten would like to send out a questionnaire to the public with respect to relocating the ferry dock, but Councilmember Hertrich felt the question- naire should be submitted to the Council for approval before it is disseminated. Councilmember Hertrich said the City has not received any correspondence from Admiral Parker, and he recommended that a letter be written to Mr. Berentsen if another attempt is made by the City and a reply is still not received. Councilmember Nordquist said he is unable to attend the meeting regarding long haul because of another commitment. Councilmember Hertrich said he planned to attend that meeting. Councilmember Kasper said no notification was sent to the legal community regarding the prosecut- ing attorney's position, and he suggested that that issue be reviewed. Councilmember Kasper requested Staff to inquire if a room is available at the Anderson Center for a gallery for the Arts Commission. Councilmember Kasper felt the questionnaire for relocation of the ferry terminal was premature ��✓``a" because the issue has not been fully explored yet. He said the issue will be discussed in more detail at the Council retreat and the information can then be disseminated to the public. i I Councilmember Kasper said he is going to review the Northwest Energy Code as it relates to gas and will make a proposal for modification to the Council. Councilmember Dwyer said he thought the interlocal agreement with the Port of Edmonds and the City that is in the making with respect to mutual land use situations and a variety of other things was a good idea. w.d.� Councilmember Jaech said King County has a hazardous waste truck that rotates through different areas in the County and it has been a very successful program. She said she would like the City EDMONDS CITY COUNCIL MINUTES Page 12 MARCH 6, 1990 to consider that type of a program. Councilmember Nordquist said the Health District has imple- mented a program like that. Councilmember Jaech requested that information be provided to the City from the Health District. Councilmember Jaech said the greater Seattle area has been highly acclaimed by the television medium to be one of the most desirable places to live, and it was forecasted that the population will double within the next ten years. She said the area was also known to have the fastest growing inflation in the cost of housing in the nation. {� Councilmember Palmer said he would like Centennial projects brought before the Council before the Mayor takes any action. Councilmember Palmer recommended that the Council review the concept that David Porter put for- ward about looking into spheres of influence on Highway 99. Councilmember Palmer said the Council should be made aware of items that affect labor negotia- tions. The meeting adjourned at 10:28 p.m. THESE MINUTES ARE SUBJECT TO MARCH 20, 1990 APPROVAL. . PARREI 1 , City Cl erljl JOHN NOI ,DQU VST, Mayor Pro Tem EDMONDS CITY COUNCIL MINUTES Page 13 MARCH 6, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. MARCH 6, 1990 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (8) APPROVAL OF MINUTES OF FEBRUARY 27, 1990 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM BETTY GORSIK ($150,000) (D) AUTHORIZATION TO ACCEPT EASEMENTS FOR SHELL CREEK BY-PASS PROJECT (E) PROPOSED ORDINANCE 2763 APPROVING SNOHOMISH COUNTY COMPREHENSIVE SOLID WASTE MANAGEMENT PLAN AND APPROVING INTERLOCAL AGREEMENT WITH SNOHOMISH COUNTY FOR ADMINISTRATION AND IMPLEMENTATION OF SAID PLAN (F) AUTHORIZATION TO REPLACE UNIT #429 (1986 CHEVROLET ECONOMY PICKUP) AND PURCHASE 1990 CHEVROLET ECONOMY PICKUP FROM WASHINGTON STATE VEHICLE PURCHASING CONTRACT ($11,930) (G) AUTHORIZATION TO CALL FOR BIDS FOR SHELL CREEK IMPROVEMENTS PROJECT (H) AUTHORIZATION TO CALL FOR BIDS FOR 1990 WATER REPLACEMENT PROGRAM (I) AUTHORIZATION TO CALL FOR BIDS FOR 1990 OVERLAY PROGRAM (J) PROPOSED ORDINANCE 2764 APPROVING CONTRACT REZONE FOR PROPERTY LOCATED AT 22211 76TH AVE. W. FROM RM-2.4 TO CG (IKEGAMI/R-2-89) (K) AUTHORIZATION FOR MAYOR TO EXECUTE PERMIT WITH BURLINGTON NORTHERN RAILROAD FOR CONSTRUCTION OF OUTFALL FOR SHELL CREEK STORMWATER BYPASS (L) APPROVAL OF SELECTION OF ATELIER LANDSCAPE ARCHITECTS FOR BRACKETT'S LANDING UPLAND IMPROVEMENTS PROJECT (M) AUTHORIZE SCHOOL PRESENTATIONS ON HOUSEHOLD HAZARDOUS WASTE ($1,400) (N) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO HEARING ON APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION REGARDING PROPOSED 8-UNIT APARTMENT BUILDING AT 327-329 3RD AVE. S. (NOACK/GROSET/AP-54-89/ADB-112-89) (0) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW RELATING TO HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING APPEAL OF 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/MARY HENNUM) (P) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW GRANTING PRELIMINARY APPROVAL OF PROPOSED 10-LOT PRD/SUBDIVISION AT 7370 NORTH MEADOWDALE RD. (PRO-1-89/P-5-89) 2. AUDIENCE 3. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED STREET (45 MINUTES), VACATION OF WEST 30' OF 75TH PL. W. AND ALL OF 74TH PL. W., LYING BETWEEN NORTH MEADOWDALE RD. AND 162ND ST. S.W. (ST-3-89/McCORKLE, ET AL) 4. HEARING ON HEARING EXAMINER RECOMMENDATION REGARDING PROPOSED STREET (30 MINUTES)' VACATION OF EAST HALF OF 74TH PL. W. BETWEEN NORTH MEADOWDALE RD. AND 162ND ST. S.W. (ST-4-89/ROBERT AND JOANN ANDERSON) 5. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED ORDINANCE (60 MINUTES) AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE RELATING TO LAND CLEARING AND TREE CUTTING (CDC-2-89/CITY OF EDMONDS) 6. EXECUTIVE SESSION - ACQUISITION OF PROPERTY 7. AUTHORIZATION TO PURCHASE TEMPORARY CONSTRUCTION EASEMENT FROM MR. AND MRS. JOHN ROWE AND MS. LORENA STRICKLAND FOR SHELL CREEK IMPROVEMENT PROJECT ($9,000) 8. PROPOSED RESOLUTION 695 PROVIDING FORMAL NOTICE OF CITY OF EDMONDS' INTENT TO WITHDRAW FROM PUGET SOUND COUNCIL OF GOVERNMENTS, EFFECTIVE FOR FISCAL AND CALENDAR YEAR 1991 9. DISCUSSION OF COMMITTEE MEETING PROCEDURES 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND