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011210-City response to Breske.pdfI1c. 18`)O CITY O F EDM ®NDS GARY HAAKENSON MAYOR 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-771-0221 Website: www.d.edmonds.wa.us PUBLIC WORKS DEPARTMENT Engineering Division January 12, 2010 Donuna Breske, P.E. 6621 Foster Slough Road Snohomish, WA 98290-6001 RE: Lot 1 of Preview Homes Westgate Village Plat Dear Mrs. Breske: This letter follows your December 31, 2009 meeting with City of Edmonds staff members Jerry Shuster, Ed Sibrel and Jemnifer Lambert at Edmonds City Hall regarding development options for the above -referenced property. During the meeting you also raised the possibility of selling or donating the parcel to the City of Edmonds. With respect to alternative storinwater management approaches for your property, the City's position remains unchanged: Staff is willing and ready to assist you in reviewing, commenting upon and ultimately approving a drainage plan that satisfies applicable City regulatory standards. However, it is your responsibility as the permit applicant to submit a code -compliant stormwater management proposal for your project. As explained in previous staff communications and affirmed by both the Hearing Examiner and Superior Court, satisfying the City's runoff standards requires the installation of a drainage system that will continue to accominnodate historical stonnwater flows to the property. This requirement stems from the City's drainage regulations and from the unique historical and topographical features of your parcel. Regarding your inquiry about the possibility of selling or donating Lot 1 to the City, the final decision with respect to any property acquisition proposal rests with the Edmonds City Council. The donation of real property to the City is governed by the procedure set forth in the Purpose and Scope chapter of the Edmonds Comprehensive Plan. This process requires a public hearing before the City's Hearing Examiner, who then forwards an advisory report and recommendation to the City Council. If you wish to explore the sale or donation options, please submit a specific written proposal to the City. Staff will review any such submittal in good faith and forward it for Council consideration in accordance with applicable City procedures. Your civility and courtesy during the December 31 meeting with staff is appreciated. However, it is important to acknowledge your pending legal actions against the City. As you are aware, you and your husband Fred have appealed the Snohomish County Superior Court's April 23, 2009 ruling in the LLTPA case arising out of the Hearing Examiner's 2008 decision. • Incorporated August 11, 1890 Sister City - Hekinan, Japan Donnal3reske, P.E. January 12, 2010 Page 2 This matter is currently pending in the Washington Court of Appeals. The City also received separate claim -ns from you, your husband and 9330 LLC on October 28, 2009 seeking substantial monetary darriages. While staff can riot waive or otherwise ignore local regulatory standards in a maraicr unsanctioried by the code, the likelihood of reaching a creative, mutually acceptable resolution to this matter is obviously enhanced by working cooperatively with the City through the permitting process rather than focusing our respective efforts on litigation. Please contact me at your convenience with any questions, or if you would prefer to schedule another inecting with staff. Sincerely, Robert S. English, P.E. City Engineer c: Noel Miller, P.E., Public Works Director Zach Lcll, City Attorney Development File BLD20080263 S:TWGRTAu Staff Ur. to D Bi uske (9-12-1©) (759647) DOC