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09/19/1988 City CouncilTHESE MINUTES SUBJECT TO OCTOBER 4, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES SEPTEMBER 19, 1988 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 ABSENT STAFF Larry Naughten, Mayor John Nordquist, Mary Lou Block, Planning Div. Mgr. Bill Kasper, Council President Councilmember Peter Hahn, Comm. Svc. Director Laura Hall, Councilmember Bobby Mills, Public .Works Supt. Roger Hertrich, Councilmember Jack Weinz, Fire Chief Jo -Anne Jaech, Councilmember Dan Prinz; Police Chief Steve Dwyer, Councilmember Bob Alberts, City Engineer Jack Wilson, Councilmember Wayne Tanaka, City Attorney Karen Abrams, Student Rep. Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten welcomed Wayne Tanaka, who was serving as the City Attorney in the absence of Scott Snyder. Mayor Naughten noted that the hearings for proposed three -lot subdivision and planned residential development (Items 6 and 7) would be combined because they are closely related. CONSENT AGENDA Items (B), (D), (E), and (H) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) ADOPTED ORDINANCE 2682 AMENDING ORDINANCE 2680 (SKATEBOARD ORDINANCE) RELATING TO ROLLER SKATING IN THE STREETS r (F) FINAL ACCEPTANCE OF WORK BY FREMONT ELECTRIC AND CITY-WIDE FENCE COMPANY ON LIFT STATION 7 EMERGENCY GENERATOR AND SET 30-DAY RETAINAGE PERIOD (Although Item (F) was at first approved, it was later reconsidered) (G) FINAL ACCEPTANCE OF WORK BY TOTEM ELECTRIC OF TACOMA ON 80TH AVE. W./SR 524 SIGNAL PROJECT AND SET 30 DAY RETAINAGE PERIOD 3 (1) ADOPTION OF FINDINGS OF FACT REGARDING COUNCIL DECISION DENYING APPEAL OF ADB DECISION REGARDING USE OF VINYL SIDING AND LANDSCAPING AT 1008 - 5TH AVE. S. (APPELLANT: JOHN KENNEDY) (FILE ADB-68-88/AP-17-88) (J) ADOPTED ORDINANCE 2684 AMENDING OFFICIAL STREET MAP TO REDUCE PROPOSED RIGHT-OF-WAY FOR PINE ST. BETWEEN 3RD AVE. S. AND 5TH AVE. S. FROM 50 FT. TO 40 FT. (ST-1-88) APPROVAL OF MINUTES OF SEPTEMBERI3., 1988 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Kasper noted the following corrections: page 6, paragraph 1, the minutes should read, "Councilmember Kasper said that Community Transit is not represented on the SnoTran Board and he is attempting to have Community Transit become a voting member"; page 6, bottom paragraph, the minutes should indicate that starting in October, rather than in November, as stated in the minutes, Council committee meetings will be schemed on the second Tuesday of the month and work meetings will be scheduled on the fourth Tuesday of the month. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. PROPOSED ORDINANCE 2683 RELATING TO PARKING FEES IN CITY PARKING LOTS ITEM D ON THE CONSENT /% GENDA goz Councilmember Kasper inquired about the rationale for requiring a $35 fee per space for the new parking lots when taking into consideration that a lower fee is charged for the ferry commuter parking lot. Mayor Naughten said the $35 fee was set on an experimental basis to try to deter- mine what the public will pay to park in public parking areas. Councilmember Kasper suggested that the fee that is charged for the ferry parking lot be reviewed. Councilmember Kasper made the following corrections to the proposed ordinance: line 7, delete the words "fishing pier" and insert the words "ferry parking lot"; page 2, delete the words "fish- ing pier" and insert the words "ferry parking lot". Councilmember Jaech inquired to what extent the ferry parking lot is utilized. City Clerk Jackie Parrett said it is completely full and there is a waiting list. Councilmember Jaech felt that an increase in the parking fee would be appropriate. COUNCILMEMBER KASPER MOVED TO INCREASE THE FEE FOR THE FERRY PARKING LOT TO $20 PER SPACE. MO- TION FAILED FOR LACK OF A SECOND. Ms. Parrett noted that the Police Chief Dan Prinz indicated that City cannot charge more for parking fees than it costs to maintain the lot. Councilmember Kasper requested that the mainte- nance costs be reviewed and presented to the Council. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ORDINANCE 2683 AS AMEND- ED. MOTION CARRIED. FINAL ACCEPTANCE OF WORK BY HANSON WESTERN CONSTRUCTION ON SEAVIEW PARK CONCRETE WALL AND SET 30 DAY RETAINAGE PERIOD LITEM E ON THE CONSENT AGENDAI Councilmember Kasper said he removed Item (E) inadvertently and intended.to remove Item (F). COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ITEM (E). MOTION CAR- RIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO RECONSIDER ITEM (F). MOTION CARRIED. FINAL ACCEPTANCE OF WORK BY FREMONT ELECTRIC AND CITY-WIDE FENCE COMPANY ON LIFT STATION 7 k4&4 7 EMERGENCY GENERATOR AND SET 30 DAY RETAINAGE PERIOD I EM F ON CONSENT AGENDA_ COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO RETURN THE REMAINING $5,072.58 TO THE CONTINGENCY FUND. Community Services Director Peter Hahn said the project is a Water/Sewer Fund project. He said unexpended funds have always remained in .that fund''. Councilmember Kasper said unexpended funds should be put back in the pool. Mr. Hahn said Fund 412 is the capital improvements pool for all the combined utility projects. Councilmember1(asper withdrew his motion. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE ITEM (F). MOTION CARRIED. REJECTION OF BIDS FOR BOYS/GIRLS CLUB PROJECT AND AUTHORIZATION TO RE -BID [ITEM (H) ON THE CONSENT AGENDAJ Councilmember Kasper said he felt the project should 'be.abandoned because the building was dilapi- dated and any monies expended on it would go "down the drain". Community Services Director Peter Hahn said the actual amount of money expended on that facility has only been $20,000. Councilmember Kasper questioned that figure. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO REVIEW THE ACTUAL EXPENDITURES THAT HAVE BEEN MADE TO DATE TO THE BOYS/GIRLS CLUB. Councilmember Hertrich said the Council must take into consideration whether or not the grant monies will be jeopardized if the project does not go forth. He recommended that the structural integrity of the building be determined before any work is commenced. Councilmember Wilson pointed out that the building is, the only Boys/Girls Club in the City. He encouraged the Council to resolve the issue because he said the City must do more to help the youth of the community. Councilmember Hall felt that taxpayers' dollars would be better spent on a new facility. Councilmember Kasper suggested that the issue be discussed at a committee meeting. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO REJECT_THE BID OF HANSON WEST- ERN CONSTRUCTION, INC. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 2 SEPTEMBER 19, 1988 AUDIENCE Mayor Naughten opened the audience portion of the meeting. Jeff Palmer, 17510 - 76th Ave. W., said there seemed to be a lot of middle ground between the ' Council's position concerning the proposal that was discussed at last week's meeting to establish a community services funding committee. He made the following suggestions: 1) establish a screening and budgetary process when requests for funding are solicited, considered, and pro- cessed during an established yearly review period; 2) set aside a predetermined amount of money for social service items to be available for pre -allocation. Official allocation would remain dependent upon final Council approval of the completed budget; 3) retain remaining funds in a special City Council community social service contingency fund that could be disbursed on a last- minute basis for unanticipated requests, disbursed for anticipated requests, or carried over for future years; 4) require that requests for funding be accompanied by written documentation detail- ing the funding request and its benefit to the community. Mr. Palmer felt that the recommenda- tions would allow the City to better anticipate and control community social service expendi- tures, would provide a relief valve.for unanticipated opportunities by not totally tying the financial hands of the Council, and the City would retain Council control and elective representa- tion in .the decision -making process. Mayor Naughten closed the public portion of the hearing. RE UEST FOR AUTHORIZATION FOR MAYOR TO SIGN JOINT RESOLUTION OF INTENT TO DEVELOP INTERLOCAL COOPERATION GREEMENTS BETWEEN SOUTH SNOHOMISH COUNTY CITIES AND SN HOMISH COUNTY �2c�.cp-tJ Planning Division Mary Lou Block noted that this item was continued from the September 13, 1988 Council meeting. She introduced Robert Henderson, Lynnwood Planning Director. Mr. Henderson noted that the proposed resolution was only general in nature. He said it would not bind the Council to any specific action. Mr. Henderson said the intent was to obtain support from the local jurisdictions for interlocal cooperation. Councilmember Kasper inquired which agencies have pledged their support. Mr. Henderson replied Lynnwood, Snohomish County, Everett, Mill Creek, Brier, and Mountlake Terrace. He said the agen- cies which have yet to support the resolution are Edmonds, Mukilteo, and Woodway. Councilmember Wilson expressed concern that too much staff time will be required to carry out the intent of the interlocal cooperation agreements. Community Services Director Peter Hahn said he was reluctant to commit staffing in an area where the need may not be necessary. He noted, howev- er, that the City could participate to a lesser degree than the other agencies and could review information that was drafted by those agencies. Mr. Hahn said he felt the proposal would be beneficial but could not commit staff on a full-scale basis. Councilmember Wilson said he failed to realize the benefit to the City because he said the City is already willing to cooperate with other local jurisdictions. Councilmember Hall said she was concerned about officially adopting a resolution that has "very little punch to it". She said there was a danger that one agency may speak on behalf of all of the agencies on a regional issue and that staff time would be required to resolve that situation. Councilmember Kasper said the City already supports neighboring jurisdictions with services such as fire and police services. He questioned the purpose of the proposal. Mr. Henderson said the purpose of the resolution was to ascertain the level of support from all of the jurisdictions. In response to the concern raised by Mr. Hahn regarding staff time, Mr. Henderson said the plan- ning directors have met only four times. He assured the Council that staff time would not be inundated. Mayor Naughten said he was in favor of adopting the resolution because he said it would exemplify the City's spirit of cooperation. Councilmember Dwyer suggested that the City Attorney draft a resolution that recited each of the interlocal agreements that the City has taken part in within the last decade and which resolves to continue working with surrounding jurisdictions. He noted that the resolution would convey the message that the City is willing to cooperate with other agencies but would eliminate the concern regarding excessive staff time. COUNCILMEMBER HERTRICH MOVED TO INCORPORATE WORDING IN THE RESOLUTION PROPOSED BY COUNCILMEMBER DWYER TO THE EFFECT THAT THE CITY ENDORSES THE INTERLOCAL AGREEMENT, IN GENERAL, WHEN IT CONTRIB- UTES TO THE WELFARE OF THE NEIGHBORING COMMUNITIES . Councilmember Hertrich withdrew the motion to allow Councilmember Dwyer to make a motion. EDMONDS CITY COUNCIL MINUTES Page 3 SEPTEMBER 19, 1988 J COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DIRECT THE CITY ATTORNEY TO DRAFT AN APPROPRIATE RESOLUTION FOR THE EDMONDS CITY COUNCIL TO CONSIDER WHICH RECITES EACH OF THE INTERLOCAL AGREEMENTS THAT THE CITY COUNCIL HAS ENGAGED IN WITHIN THE LAST DECADE AND THAT EX- PRESSES THE COUNCIL'S WILLINGNESS TO FURTHER COOPERATE WITH SURROUNDING GOVERNMENTAL AGENCIES. UPON ADOPTION OF THE RESOLUTION BY THE EDMONDS CITY COUNCIL, BE IT CONVEYED TO EACH OF THE MAYORS OF THE SURROUNDING CITIES AS LISTED ON THE RESOLUTION GIVEN TO THE COUNCIL AND TO THE CHAIRWOMAN OF THE SNOHOMISH COUNTY COUNCIL BY THE MAYOR. Mayor Naughten inquired, then, if the motion precluded the City from signing the proposed interlocal agreement. Councilmember Dwyer replied affirmatively. MOTION CARRIED. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING GRANTING OF RIGHT-OF-WAY CONSTRUCTION PERMIT NORTH OF 502 OL MPIC AVE. AND ACROSS OLYMPIC AVE. 104 FT. EAST APPELLANTS: WILLIAM AND ARLENE McC RMICK AND HULDA HUMOLA P-11A-88 City Attorney Wayne Tanaka inquired if anyone in the audience had any challenges to any member of the Council participating in the hearing. Kevin Hanchett, 8504 - 231st St., requested Councilmember Hertrich to step down from the dais because of his extensive involvement in opposition to the project: specifically, a letter to the Planning Department challenging the decision of the City to enter a DNS, dated April 6, 1986; an appeal filed with the Hearing Examiner challenging the mitigated DNS, dated April 17, 1986; a letter to the Snohomish County Department of Public Works questioning the DNS, dated May 29, 1985; extensive testimony opposing the development at the hearings before the Hearing Examiner on June 2, 9, 10, and 17, 1986 together with continued ex parte communications with the appellants. Mr. Tanaka inquired if everything, excluding the last ex parte contact, occurred prior to Council - member Hertrich's appointment to the Council. Mr. Hanchett replied affirmatively. Mr. Tanaka inquired about the.ex parte contacts. Mr. Hanchett said he has been informed that Councilmember Hertrich has engaged in ongoing communication with the appellants, the McCormicks, in support of their opposition to the project. Hulda Humola, 516 Olympic Ave., requested that Councilmember Wilson and Councilmember Hall dis- qualify themselves or that the Council disqualify them from participating in the hearing. She based her request upon their express disapproval of the appeal process and cited passages from the minutes of October 4, 1986. Brenda Wren, 13726 - 25th Ave., Bothell, said Councilmember Hall's opinions of her family, the McCormicks, may hinder her judgment in the proceeding before the Council. She said Councilmember Hall spoke with Margaret Black over the telephone and said that "my folks were getting what they deserved" and "they were terrible people". Mr. Tanaka inquired when that telephone conversation took place. Ms. Wren replied within the last month. Derrill Bastian, 602 Fisher Business Center, Lynnwood, said the forum should be comprised of individuals who do not have any outside influence, are fair minded and open-minded. He said Councilmember Hall has a long history of association with the Hanchett family and has demonstrat- ed that she does not have an open mind. Councilmember Hall stated that she is open minded. She said she has not been on the Hanchett property since the hearing process began. Councilmember Wilson stated that Ms. Humola's comments regarding Councilmember Wilson's comments concerning the appeal process were not germane to the issue before the Council at the present time. He said his past comments have nothing to do with his ability to make a decision in the matter. Councilmember Hertrich said he spoke with Mrs. McCormick to ask her if she received notice of a utility easement so that she could take any action within the allotted time period if she wished to do so. He said he also spoke with City Engineer Bob Alberts to clarify an issue. Councilmem- ber Hertrich said he had told Mr. Alberts that he was interested in a fair procedure and did not side with any particular party. Mr. Tanaka inquired if Councilmember Hertrich has had any other contacts with persons interested in the appeal. Councilmember Hertrich replied negatively. Mr. Tanaka stated that it was a matter of the Council's discretion whether or not to disqualify a member. He said, however, it was his opinion that none of the challenges were valid. In addi- tion, he said RCW 42.36.090 provides that a councilmember or councilmembers who are challenged are permitted to fully participate in the proceedings as though the challenge had not occurred if lack of a quorum would result without their participation, which could occur because one Council - member was absent that evening. EDMONDS CITY COUNCIL MINUTES Page 4 SEPTEMBER 19, 1988 Mr. Hanchett said it was his understanding that Councilmember Hertrich had contact with Mrs. Humola on Thursday evening at the Candidates Fair at the Methodist Church. Councilmember Hertrich clarified that he discussed only politics with Ms. Humola and not the proceeding before the Council. Planning Division Manager Mary Lou Block reported that on June 30, 1988, the City of Edmonds issued a right-of-way construction permit to Kevin Hanchett allowing certain improvements to be made related to the development of the preliminary plat of Harbor Hills. On July 1, 1988, an appeal was filed by William and Arlene McCormick and Hulda Humola seeking to overturn administra- tive approval of the permit. Ms. Block said the Hearing Examiner held a public hearing on July 25, 1988 to consider the ap- peal. On August 8, 1988, the Hearing Examiner issued his decision upholding the issuance of the right-of-way construction permit. Ms. Block said the Hearing Examiner based his decision upon the following: 1) the plat is a preliminary plat; 2) the question of ownership of the 20' x 104' strip of land will be resolved upon final plat approval; 3) the permit was based upon approved development plans; and 4) the permitted activity is not a nuisance nor does it create hazardous hazardous conditions. Ms. Block noted that copies of the appeal letter, the Hearing Examiner's decision, and a vicinity map were included in the Council packets. She said the file on this matter was placed in the Council office for review. Ms. Block reviewed a vicinity map which depicted the location of the subject property. Councilmember Kasper inquired who possessed title to the subject property. Ms. Block said that issue is currently pending in Snohomish County Superior Court. She.noted that Staff received a title report when the subdivision process commenced indicating Mr. Hanchett as the owner. Councilmember Kasper inquired about the width of the utility easement on the subject property. Mr. Alberts said there is a 5 foot easement within the 20 feet and another 5 foot easement on the McCormick property, as well as a PUD easement. Councilmember Dwyer requested Ms. Block to describe what a right-of-way construction permit is. Ms. Block said it is a right to use land which is owned or is subject to an easement by the City to develop within that parcel. Councilmember Dwyer noted that the appeal was of the issuance of the permit. He inquired if the pending Superior Court action had any effect on whether or not the City has the right-of-way through which the permit allows the work to be done. Ms. Block . replied negatively. Councilmember Dwyer inquired what work was requested to be done through the City's right-of-way. Ms. Block replied the installation of utility lines and the construction of a road. Councilmember Dwyer inquired if the permit allowed pavement of that road. Ms. Block re- plied affirmatively. Councilmember Dwyer requested Ms. Block to explain the scope of the ap- peal. Ms. Block said it was her understanding that the appellants intend only to appeal the work which takes place in the 20' x 104' easement. Mr. Alberts added that the appellants are appeal- ing construction for a road entrance within the subject property. He said the right-of-way in question is located on Olympic Avenue. Mayor.Naughten noted that the hearing was constructed with the following time frame: five min- utes for the appellants, five minutes for the applicants, and ten minutes for the public were allocated during the hearing. Mr. Bastian said he could not present the appellants' case in five minutes and needed fifteen minutes. COUNCILMEMBER HERTRICH MOVED TO EXTEND THE TIME ALLOCATION TO FIFTEEN MINUTES FOR BOTH THE APPLI- CANT AND THE APPELLANT. MOTION FAILED FOR LACK OF A SECOND. Mr. Hanchett said he prepared a response based upon the instruction of the City within the five minute criterion and would not need additional time. Discussion ensued regarding the time allocation. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO STRUCTURE THE HEARING SO THAT THE APPELLANT HAS FIFTEEN MINUTES, THE APPLICANT HAS FIFTEEN MINUTES, AND THE PUBLIC HAS TEN MINUTES COLLECTIVELY. Councilmember Wilson noted that Mr. Bastian prepared a fifteen minute presentation but Mr. Hanchett prepared a five minute presentation based on the time frame that was allotted to the parties. He inquired if Mr. Hanchett could productively utilize an additional ten minutes. Councilmember Dwyer raised a point of order. He noted that a motion was on the floor. EDMONDS CITY COUNCIL MINUTES Page 5 SEPTEMBER 19, 1988 A ROLL CALL VOTE WAS TAKEN. A TIE VOTE WAS MADE WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER HALL, AND COUNCIL - MEMBER WILSON OPPOSED. Mayor Naughten broke the tie by voting against the motion. MOTION FAILED. Mayor Naughten said he voted against the motion because the issue before the Council was only the right-of-way; it was not a complicated issue and should not be time consuming. Councilmember Hertrich said if time limits are set on presentations, the Council must be "afraid to hear testimony" and, therefore, is being prejudgmental. He said he felt badly that Mayor Naughten "continually makes the effort to eliminate testimony". Mayor Naughten said he was not trying to eliminate testimony but was trying to conduct an efficient meeting. Mr. Bastian clarified that the issue before the Council was permission to use the 20 foot strip of land as a right-of-way and to use it for every event that the applicants want to use it for. Mr. Bastian said the permitted activity has been in violation of City Code and stop work orders and has created a nuisance. He said the trucks have caused a tremendous amount of dust and vibra- tion that have made living conditions unbearable for the McCormicks. Arlene McCormick, 502 Olympic Ave., said her home has become unlivable because of the dirt, noise, and the commotion caused by the permitted activity. Mr. Hanchett noted that the issue before the Council was whether or not the condition which the Council set forth in their decision of January 13, 1987 was a condition for the issuance of con- struction permits or a condition' of final plat approval. He said the condition the City set forth was that "approval of the application for subdivision is conditioned upon confirmation of the proposed access easement in the applicant prior to submission of the final plat for approv- al". He pointed out that there was no reference to the issuance of permits in that language. He stated that what was being appealed was the issuance of permits based on the above language. Mr. Hanchett contended that the .City was not attempting to limit any permits. He requested that the City: 1) deny the appeal and clarify its statement of January 13 ... that the condition that the applicants must meet for final plat approval, and not permits, was quiet title in the applicants' name; and 2) designate that to be the law of the case for all future permits issued relevant to the project. Mr. Hanchett requested that his remaining time be reserved for rebuttal. Mayor Naughten opened.the public portion of the hearing. Jeff Palmer, in the audience, requested the City Attorney to give his opinion as to the legality of the parties to an action who are represented by counsel and who, by the City Council's own action, have been given a specific period of time in which to speak, also being given additional time under the public portion. Mr. Tanaka said the appellants are also members of the public and have a right to sign up to speak under the public portion as do.any other members of the public. Ms. Humola confirmed Ms. McCormick's statements regarding the unbearable living conditions. She said the construction trucks create a lot of noise, dust, and vibration. She said she is aware of, the noise even with the windows and doors -closed. Linda Madison, 520 Olympic Ave., said she believed the conditions of the permit have not been met in addition to the requirements of the City Code. . Ms. Madison inquired who owned the property in question. Ms. Madison said the plot plan did not indicate that the property has been subdivided and that there are several easements. She inquired if the City had a valid plot plan. Ms. Block said the City had many plot plans but she did not bring all of them to the hearing because they were being used in court. Ms. -Block said the Hanchetts own the property. Ms. Madison stated that Miles Hanchett was the owner of the property because he pays the taxes for that parcel of land. She inquired if he owned the property free and clear and was in possession of the title. Ms. Block said the easement belongs to the City. Mr. Hahn pointed out that the issue was whether or not the applicants were permitted to use the right-of-way. He said the City granted preliminary plat approval. Ms. Madison inquired if the Council authorized use of the right-of-way by persons other than the original owner. Mr. Tanaka stated that the City's approval of a preliminary plat was not restricted to one individual. Ms. Madison said she believed the permitted activity was a nuisance and that the conditions of the permit have not been met. EDMONDS CITY COUNCIL MINUTES Page 6 SEPTEMBER 19, 1988 Brenda Wren said she has tried to speak with her mother (Ms. McCormick) over the telephone but has been unable to carry on a conversation because of the noise caused by the construction trucks. She said she could hear the bar glasses downstairs rattling over the telephone. She said the dust is unbearable, noting that her family cannot eat outside on the deck because of the dust. Shirley Hall, 432 Olympic Ave., said she is asthmatic and has had to use three vials of inhalers within the last month because of the dirt and dust caused by the construction trucks. She said the vibration of the trucks causes her house to shake badly. Ms. Hall said she wakes up every morning between 5:30 and 6:30 from the noise of the construction work. Ms. Hall said she felt the Council was causing an injustice by not allowing enough time for pre- sentations to be made. Ms. Hall submitted three photographs of the equipment on site to the City Clerk (Exhibit #1). Mr. Hanchett reiterated that the Council's decision of January 13 clearly states that title and the access easement in the applicant must be quieted prior to submission of the final plat approv- al, and not the permits. Mr. Hanchett stated that whenever construction projects take place, there is some disturbance. He, noted that temporary construction does not constitute a nuisance, as set forth by the ECDC. He said no citations have been issued by the Department of Labor & Industries and no fights have occurred on site. Mr. Hanchett said title to the property is in his name and his brothersand sisters' names. He said the property is being developed to construct their homes. He noted that construction com- mences at 8 a.m. Councilmember Hertrich inquired if the Hanchetts have endeavored to mitigate any of the condi- tions which the adjacent property owners deem to be a nuisance. Mr. Hanchett replied affirmative- ly. He said the series of mitigating conditions that were required by the Planning Department have been implemented. He said the site has been watered down to mitigate the dust, and truck speed has been reduced to a minimum so that it minimally impacts the neighbors from vibration of the trucks. Councilmember Hertrich inquired if any construction has been done on the property in question. Mr. Hanchett replied negatively. - Councilmember Dwyer inquired if any stop -work orders have been placed on the project. City Engi- neer Bob Alberts replied affirmatively. He said a stop -work order was issued prior to the hear- ing before the Hearing Examiner but was subsequently lifted,, but excluded the subject property. Councilmember Dwyer inquired if there has been any violation of a City stop work -order. Mr. Alberts and Ms. Block said not to their knowledge. Councilmember Dwyer inquired about the standards that are to be considered in determining whether a right-of-way construction permit is to be issued. Mr. Tanaka said 18.60.000(B) states that a plan and profile showing the proposed construction, existing improvements, and proposed methods of final site restoration shall accompany the application; 20.100.040(A) states that if the condi- tions of the permit are not met, they can be reviewed and either revoked or modified. Councilmem- ber Dwyer inquired if the Council's consideration was limited to adverse conditions which arise solely from the right-of-way and/or easement possessed by the City or from the project in its entirety. Mr. Tanaka replied to the easement owned by the City. Councilmember Dwyer inquired if there are definitions or other areas in the Code for the Council to resort to to ascertain the appropriate definition of a nuisance or hazardous condition in order to determine whether the testimony given that evening proves, or fails to prove, either one of those circumstances. Mr. Tanaka perused the Code and responded to the question following Councilmember Jaech's question. Councilmember Jaech referred to the Hearing Examiner's Findings of Fact #1-5. She inquired if any construction can take place prior to confirmation of the proposed access easement in the applicant. Mr. Tanaka said it would appear to him that what was anticipated in the Council's January 13 decision was that prior to final plat approval the applicant would have to show evi- dent of title in any disputed area. Councilmember Jaech inquired if ownership of the easement on the subject property was in dispute. Mr. Tanaka replied negatively. He said the subject of dispute was ownership of the area outside of that easement. Councilmember Hertrich inquired if the City could be held liable if it issued a right-of-way permit to the wrong party. Mr. Tanaka replied negatively. He said the issuance of the permit does not implicate the City in the question of who owns the remainder of the 20' x 104' strip or who owns the underlying fee. Councilmember Hertrich inquired if the permit granted the applicant the right to use the 5 foot strip. Mr. Tanaka replied affirmatively. Mayor Naughten closed the public portion of the hearing. EDMONDS CITY COUNCIL MINUTES Page 7 SEPTEMBER 19, 1988 Councilmember Dwyer said the Council was in an unfortunate situation because the City Attorney who monitored the issue from its inception was not in attendance at the hearing before the Coun- cil at the present time. Because of the regular City Attorney's absence, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL - MEMBER JAECH, TO REQUEST THE CITY ATTORNEY TO SUBMIT A WRITTEN LEGAL OPINION TO THE COUNCIL RE- GARDING THE STANDARDS FOR THEIR CONSIDERATION IN REVIEWING AN APPEAL OF A RIGHT-OF-WAY CONSTRUC- TION PERMIT AND ON THE DEFINITIONS OF THE TERMS "NUISANCE" AND "HAZARDOUS CONDITION" AS REFER- ENCED IN THE CITY'S CODE AND OTHER APPLICABLE LAW AND RETURN FOR DELIBERATION ON OCTOBER 4, 1988. Councilmember Kasper noted that he would not be -at the October 4 meeting. COUNCILMEMBER DWYER SAID HE WOULD AMEND THE MOTION TO CHANGE THE DATE FROM OCTOBER 4 TO OCTOBER 18, 1988. The seconder agreed. Councilmember Kasper inquired if the opinion was limited to the City Attorney or if opinions from other attorneys would be solicited. Councilmember Dwyer said the motion did not authorize partic- ipation from any other party. A ROLL CALL VOTE WAS TAKEN. A TIE VOTE WAS MADE WITH COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER KASPER, COUNCILMEMBER HALL, AND COUNCIL - MEMBER WILSON OPPOSED. Mayor Naughten broke the .tie vote by voting in favor of the motion. MOTION CARRIED. Mr. Tanaka reminded the Council not to receive any communications with respect to the issue or to discuss it among themselves. The meeting recessed at 9:10 p.m. and reconvened at 9:18 p.m. HEARING ON HAZARDOUS MATERIAL EMERGENCY PLAN DEVELOPED BY SOUTH SNOHOMISH COUNTY LOCAL EMERGENCY PLANNING COMMITTEE SARA - TITLE III The South Snohomish County Local Emergency Planning Committee (LEPC) has developed a Hazardous Material Emergency Plan, as required by the Superfund Amendments and Reauthorization Act of 1986 (SARA-Title III). To satisfy the. Community Right -To -Know sections of the Act, a public hearing must be held. Marlo Foster, ESCA Coordinator, reported that the LEPC was mandated by SARA-Title III and is to be administered by the.South Snohomish County Emergency Services Coordinating Agency (ESCA). Ms. Foster said the intent of SARA is to encourage and support emergency planning efforts at the State and local levels and to provide the public with information concerning potential chemical hazards present in their communities. He said SARA requires the governors of all of the states to set up emergency planning districts. Mr. Foster said LEPC was appointed by State commission and is required by law to include represen- tation from State and local elected officials. Councilmember Kasper inquired about funding for the State to implement SARA. Mr. Foster said the only monies that have been and will be available for SARA are training grants. He said LEPC is expected to obtain their own financing. Councilmember Wilson inquired if all persons are.expected to report their use of hazardous materi- als. Mr. Foster said the only people that are currently required to report such usage are manu- facturers. He noted that non -manufacturers will be required to submit material safety data sheets as of September 24, 1988. He said Tier I and Tier II reports will be due on March 11, 1989. Councilmember Hertrich inquired to whom a report would be made. Mr. Foster said the ESCA oper- ates out of Snocom. He said ESCA is one of three agencies that receives that information, the other two being local fire departments and the State and Emergency Response Commission. Mr. Foster noted that with the exception of the provisions of Section 304, the provisions of Title II do not apply to transportation or storage incidental to transportation as long as materials are still moving under active shipping papers. Mr. Foster said LEPC is required to meet at least once a year to review additional information. He said, however, he believed that more than one annual meeting would be necessary. Mr. Foster said each ESCA member is required to exercise the plan annually and is responsible for scheduling hazardous materials training for their personnel per the guidelines established by the Washington State Fire Protection Services, FEMA, EPA, and the Washington State Division of Emergency Manage- ment. EDMONDS CITY COUNCIL MINUTES Page 8 SEPTEMBER 19, 1988 Mr. Foster said the purpose of the Plan is to identify local and State responsibilities for haz- ardous materials incidents response and management; to outline an on -scene coordination and man- agement system for hazardous materials incidents; and to comply with the provisions of SARA- Title III. He said local governments have the responsibility to identify chemical hazards within their community and maintain response plans which deal with specific known hazards, as well as to provide citizen access to chemical hazard information. Mr. Foster said the Director of ESCA will be the Community Emergency Coordinator and is required to: 1) hold public hearings; 2) maintain an information system; 3) supply all public libraries within the ESCA area with the hazardous materials emergency plan; 4) respond within 10 working days to a written request by the public for information concerning hazardous materials; and 5) hold an annual meeting of the LEPC. Councilmember Wilson inquired if communities will be required to buy any special equipment. Mr. Foster replied negatively. Fire Chief Jack Weinz said the surrounding communities will share in the cost if any special equipment is required. Mayor Naughten opened the public portion of the hearing. No public input was offered. Mayor Naughten closed the public portion of the hearing. HEARING ON RECOMMENDATION OF HEARING EXAMINER FOR PROPOSED THREE -LOT SUBDIVISION AND PLANNED RESIDENTIAL DEVELOPMENT AT 21106 - 21118 SHELL VALLEY RD. TAYLOR, MISCHKE, WATSON) 7 - 88/PRD-2-88 - P RD HEARING ON RECOMMENDATION OF HEARING EXAMINER FOR PROPOSED THREE -LOT SUBDIVISION AND -PLANNED RESIDENTI-L DEVELOPMENT AT 21229 - 21239 PIONEER WAY ELDER, JOHNSTON, LICHTENH GEN The two two hearings.were addressed simultaneously because they are closely related. Planning Division Manager Mary Lou Block reported that on August 18, 1988, the Hearing Examiner held a public hearing on the request for a three -lot subdivision/Planned Residential Development (PRD) for property located at 21106 - 21118 Shell Valley Road and at 21229 - 21239 Pioneer Way. Each of the lots is the site of a two-story townhouse structure containing two dwelling units. Ms. Block said the City Council previously approved a contract rezone on the properties changing the zoning from RS-8/PRD to RM-3. Approval was subject to the approval of a new PRD on the prop- erties. Ms. Block said the Hearing Examiner issued a recommendation on August 30, 1988 recommending ap- proval of the proposed subdivision/PRD requests. She noted that a copy of the Hearing Examiner's report, a vicinity map, and subdivision map were included in the Council packets. Ms. Block said it is Staff's recommendation to adopt the Hearing Examiner's recommendation and direct the City Attorney to prepare the necessary ordinances. Ms. Block .said the owners of the properties are requesting the PRD/rezone to enable them to ob- tain financing or refinancing of their properties. Ms. Block said the Hearing Examiner concluded that the requested PRD/subdivisions are consistent with the development standards of the City of Edmonds for RM-3 zoned property and with the subdi- vision ordinance of the City of Edmonds and the purposes as set forth in ECDC 20.75.020, as well as the Comprehensive Plan of the City of Edmonds and the zoning ordinance. Ms. Block said the Hearing Examiner stated that "the request for a rezone and the PRD/subdivision approval has been made to allow a dissolution of the condominiums so that funding for financing and refinancing can be secured for the individual units on the subject property. What this PRD/subdivision effectively does is create a small subdivision with PRD development for the pur- pose of allowing separate ownership of each unit. This development does not involve construction or physical development, but is a change in the recognition that the properties will eventually be lots instead of condominiums. The request of the Applicants is essentially a change in desig- nation and nothing else". Ms. Block said the Architectural Design Board reviewed the PRD's on August 3 and approved them as submitted with no requirement for a home owners' association. Councilmember Dwyer inquired if the issue before the Council was consideration of the PRD recom- mendation. He noted that the rezone was already accomplished. Ms. Block replied affirmatively. EDMONDS CITY COUNCIL MINUTES Page 9 SEPTEMBER 19, 1988 Jerry Lovell, Lovell-Sauerland & Associates, 19400 - 33rd Ave. W., Lynnwood, said a precedent will not be set, as alluded to in earlier hearings, if the proposed subdivision/PRD is granted because he said a duplicate situation did not exist within the City, with the exception of Park View Firs. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL - MEMBER WILSON, TO EXTEND THE MEETING FOR 30 MINUTES. MOTION CARRIED. Mayor Naughten opened the public portion of the hearing. Erl Atkinson, 21031 Shell Valley Way, said the notification process for the hearings have not been properly conducted. He said he received a letter the day after the July 5 meeting. Mr. Atkinson said he failed to understand how the value of adjacent properties will increase if the proposed subdivision/PRD is granted or why the owners of the subject properties will be more inclined to enhance their properties. Rod Badger, 21221 Pioneer Way, said he was under the impression that an ordinance would be draft- ed by the City Attorney for the contract rezone which would then be subject to review and adop- tion by the City Council. Ms. Block said the contract rezone was dependent upon PRD approval. She said the rezone will be presented to the Council as one of three elements of the package: the rezone, subdivision, and PRD. Mr. Badger inquired, then, if the rezone has been approved. Ms. Block said the rezone has been conditionally approved subject_to a series of hearings. Mr. Badger noted that a petition was submitted to the City Council by residents in the valley in opposition of the rezone. He said changing the zoning designation "does not make it a good deal for the community". He requested the Council to uphold the current zoning designation and deny the request. Councilmember Jaech stated that the City Attorney was instructed to draft an ordinance for the rezone, but noted that the Council could vote against that ordinance and, therefore, the rezone request would be denied. Councilmember Hertrich said the subdivision/PRD request may be premature in light of the ordi- nance for the rezone. Councilmember Dwyer said the Council voted to accept the contract rezone. He inquired about the conditions in the contract. City Attorney Wayne Tanaka said an ordinance must be drafted for the .rezone, PRD, and subdivision. He said the rezone was conditioned upon PRD/subdivision approval and will not be valid unless the PRD/subdivision are approved. Ms. Block said three steps must be completed before the contract rezone is finalized: 1) conditionally rezone the property from the present classification of RS-8 to RM-3; 2) preliminarily approve the subdivision plat; and 3) removal of the property from the provisions of Chapter 64.32 of the Revised Code of Washington. Councilmember. Dwyer noted that if the public took issue with the Council's decision on step 1, they should lodge their complaints when the entire package was presented to the Council. John McClean, 21109 Pioneer Way, said he would like assurance that the public will have an oppor- tunity to address the rezone issue at a future date or he would like to discuss that issue at the present time. Councilmember Dwyer said it would be inappropriate to hold an unpublished hearing ~— on -a matter already decided and then render a decision. He said the issue before the Council was the PRD. Councilmember Dwyer said the Council will make a decision when the entire package is presented to them as to whether or not to hold a hearing on the matter. Mr. Hahn pointed out that the entire issue will be moot if the PRD is not -approved. Ms. Block noted that the package will be presented to the Council on the Consent Agenda. Mr. McClean said he would like to enter his objections on the rezone at the present time. Councilmember Kasper objected to Mr. McClean's request. He said the issue before the Council was not the rezone. Mayor Naughten stated that Mr. McClean could utilize his time in any manner he wished. Mr. McClean said he objected to the rezone because the properties in question are a nonconforming use. He said the rezone will take what is a tolerated but undesirable use and make it a perma- nent use. He noted that a nonconforming use is eventually intended to expire and is, by defini- tion, inconsistent with the Comprehensive Plan and zoning ordinances. In addition, he said the rezone will not contribute to the public health, safety, or welfare. He said the only justifica- tion that has been offered for the rezone is that it will accommodate personal financial require- ments of the owners. EDMONDS CITY COUNCIL MINUTES Page 10 SEPTEMBER 19, 1988 Peter Bennett, 400 Dayton, said he objected to the Council's reconsideration of the rezone. He said a• rezone hearing was held previously, and the issue before the Council at the present time was the PRD. Mr. Bennett said no testimony has been given as to why the rezone should not be approved. He noted that the Hearing Examiner, Council, and Staff have approved the rezone request. Mr. Bennett said the public will..benefit from the rezone because the property owners will maintain those properties. Mr. Bennett stated that notices of the hearings were properly published but very few people at- tended the hearings. Mr. Bennett said he objected to the.admittance of the petition because it was not verified and was irrelevant to the proceeding before the Council. Todd Gruenhagen, 21035 Shell Valley Way, said he was opposed to the rezone and subdivision/PRD. He said the current status of the properties will benefit the adjacent properties because the common areas are required to be maintained in accordance with the by-laws of the home owners' association. Mr. Gruenhagen said he also perceived the existing use as nonconforming and would like to see it expire. Mr. Lovell said the buildings are not a nonconforming use. He said they were allowed to be con- structed by way of the PRO provisions of the Code. COUNCILMEMBER WILSON MOVED; SECONDED BY COUNCILMEMBER DWYER, TO EXTEND THE MEETING FOR 15 MIN- UTES. MOTION CARRIED. Mr. Lovell said the applications for rezone are a means by which to satisfy the necessary bulk requirements to permit subdivision of the properties: He said a concomitant agreement has been offered that will limit, in perpetuity, the use of the properties in the same fashion as they are being used at the present time. Councilmember Wilson inquired if the rezone was approved conditioned upon abiding by the mainte- nance agreements of the homeowners' association. Mr. Hahn replied affirmatively. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCES FOR THE PROPOSED THREE -LOT SUBDIVISION AND PLANNED RESIDENTIAL DEVELOPMENT AT 21106 - 21118 SHELL VALLEY ROAD. Councilmember Jaech said she believed the rezone and subdivision/PRD was the granting of a spe- cial privilege. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, COUN- CILMEMBER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH AND COUNCILMEMBER JAECH OPPOSED. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT THE HEARING EXAMINER'S RECOM- MENDATION AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCES FOR THE PROPOSED THREE -LOT SUBDIVISION AND PLANNED RESIDENTIAL DEVELOPMENT AT 21229 - 21239 PIONEER WAY. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, COUNCILMEM- BER HALL, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HERTRICH AND COUNCILMEMBER JAECH OP- POSED. MAYOR Mayor Naughten reminded the Council of the Snohomish County Cities & Towns meeting on Thursday, 6:30 p.m. and dinner at 7:30 p.m. Mayor Naughten said he received a letter from the Chairman of Highland Bay inquiring if the Coun- cil foresaw any problems with the ballot measure for their incorporation. The Council said they had no input to that issue. ,y Mayor Naughten said he would forward a liquor license transfer application for Engel's Pub if no objection was noted. No objection was noted. EDMONDS CITY COUNCIL MINUTES Page 11 SEPTEMBER 19, 1988 COUNCIL Council President Kasper reminded the Council of the retreat on Saturday, September 24, at 8 a.m. at Portofinos. Councilmember Jaech inquired about the contaminated soil and the oil tanks on the Puget Drive '' ,.,1J� site. Mayor Naughten said he spoke with DOE who conveyed to him that they are waiting for addi- tional findings before they make a determination. He said DOE expects to receive the findings next week. Mayor Naughten said the City allowed the tanks to be stored on the property until the �TPiu�fl" issue is resolved because the stop work order arrived only an hour before the work was to com- mence. 1 Councilmember Jaech inquired if permits for construction are typically issued by the City prior to final plat approval. Planning Division Manager Mary Lou Block said all improvements must be installed or the project must be bonded before final plat approval is granted. The meeting adjourned at 10:45 p.m. THESE MINUTES ARE SUBJECT TO OCTOBER 4, 1988 APPROVAL. �• U JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 12 SEPTEMBER 19, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. SEPTEMBER 19, 1988 SPECIAL MEETING - MONDAY (BECAUSE OF PRIMARY ELECTION ON TUESDAY) I CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 6, 1988 (C) PROPOSED ORDINANCE 2682 AMENDING ORDINANCE 2680 (SKATEBOARD ORDINANCE) RELATING TO ROLLERSKATING IN THE STREETS (0) PROPOSED ORDINANCE 2683 RELATING TO PARKING FEES IN CITY PARKING LOTS (E) FINAL ACCEPTANCE OF WORK BY HANSON WESTERN CONSTRUCTION ON SEAVIEW PARK CONCRETE WALL, AND SET 30-DAY RETAINAGE PERIOD (F) FINAL ACCEPTANCE OF WORK BY FREMONT ELECTRIC AND CITY-WIDE FENCE COMPANY ON LIFT STATION 7 EMERGENCY GENERATOR, AND SET 30-DAY RETAINAGE PERIOD (G) FINAL ACCEPTANCE OF WORK BY TOTEM ELECTRIC OF TACOMA ON 80TH AVE. W./ SR 524 SIGNAL PROJECT, AND SET 30-DAY RETAINAGE PERIOD (H) REJECTION OF BID FOR BOYS/GIRLS CLUB PROJECT AND AUTHORIZATION TO RE -BID (1) ADOPTION OF FINDINGS OF FACT REGARDING COUNCIL DECISION DENYING APPEAL OF ADB DECISION REGARDING USE OF VINYL SIDING AND LANDSCAPING AT 1008 5TH AVE. S. (APPELLANT: JOHN KENNEDY) (FILE ADB-68-88/AP-17-88) (J) PROPOSED ORDINANCE 2684 AMENDING OFFICIAL STREET MAP TO REDUCE PROPOSED RIGHT-OF-WAY FOR PINE ST. BETWEEN 3RD AVE. S. AND 5TH AVE. S. FROM 50' TO 40' (ST-1-88) i2. AUDIENCE 3. REQUEST FOR AUTHORIZATION FOR MAYOR TO SIGN JOINT RESOLUTION OF INTENT (10 MINUTES) TO DEVELOP INTERLOCAL COOPERATION AGREEMENTS BETWEEN SOUTH SNOHOMISH COUNTY CITIES AND SNOHOMISH COUNTY 4. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING GRANTING OF (30 MINUTES) RIGHT-OF-WAY CONSTRUCTION PERMIT NORTH OF 502 OLYMPIC AVE. AND ACROSS OLYMPIC AVE. 104' EAST (APPELLANTS: WILLIAM AND ARLENE McCORMICK AND HULDA HUMOLA) (AP-11A-88) 5. HEARING ON HAZARDOUS MATERIAL EMERGENCY PLAN DEVELOPED BY SOUTH (30 MINUTES) SNOHOMISH COUNTY LOCAL EMERGENCY PLANNING COMMITTEE (SARA TITLE III) 6. HEARING ON RECOMMENDATION OF HEARING EXAMINER FOR PROPOSED 3-LOT (30 MINUTES) SUBDIVISION AND PLANNED RESIDENTIAL DEVELOPMENT AT 21106-21118 SHELL VALLEY RD. (TAYLOR, MISCHKE, WATSON) (P-2-88/PRD-2-88) 7. HEARING ON RECOMMENDATION OF HEARING EXAMINER FOR PROPOSED 3-LOT (30 MINUTES) SUBDIVISION AND PLANNED RESIDENTIAL DEVELOPMENT AT 21229-21239 PIONEER WAY (ELDER, JOHNSTON, LICHTENHAGEN) (P-1-88/PRD-1-88) 8. MAYOR I 9. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE