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299 <br /> August B,1990 <br /> PUBLIC MEETING <br /> President Pope said an x <br /> appeal of the Hearing E aminer.s Decision was <br /> filed by the StreamKeepers of Everett andSnohomish County and <br /> various r.aighbor4 in the Forest Park Neighborhood on the Deily Homes <br /> project located west of Federal Avenue between Jackson School and <br /> 41st Street right-of-way.. <br /> Bruce Jones, City Attorney, said that he believes a settlement has <br /> been reached between the applicant, Daily Homes, Inc., and the <br /> Appellants. He asked that Mr. Elmer Johnston, Attorney for the <br /> Appellants,and Mr.Brad Cattle,Attorney for the Applicant,present <br /> the status of the appeal. <br /> . Johnston, speaking for the Appellants, said that a settlement <br /> has been reached end that the appeal is being withdrawn except for <br /> Mr.and Mrs.Tra Snow. Mr.and Mrs.Snow found it very difficult to <br /> agree to a settlement and due to their health stated they are not <br /> in a position to proceed with the appeal. They told Mr. Johnston <br /> that they just wanted to wash their hands of the whole business and <br /> did not want to proceed with the appeal. <br /> P nont tocommentts ortlif proc edewith"the were anl.attendance and if There <br /> response <br /> wanted <br /> appea was o <br /> asthe Snows were mot in attendance. <br /> Moved by Councilman Moser,seconded by Councilmen Diamond to accept <br /> the withdrawal of the appeal on the Dally Homes,Inc.Projectfrom <br /> the Streamkeepecs and the Forest Park Neighborhood and recognize <br /> Chet the Snows are not in attendance and that they have abandoned <br /> the appeal. <br /> Councilman Morrow asked whet the terms of the.settlement are. <br /> Johnston said the settlement was resched with a lot of compromise. <br /> The main terms are. <br /> plat reduced to 38 lots <br /> 1. reduced the cut and fill aspect <br /> 3. retainage and replanting of some tri s and vegetation <br /> 30 r <br /> 4. approximately 30 acresallocated fox park and open space <br /> S. appellants have input in final area runoff plans. <br /> Mr. Johnston said the compromises and conditions on this appeal have <br /> renewed the awarenss of Section S of the Subdivision ordinance in <br /> regards to clearcutting restrictions, provided a study establishing <br /> monitoring of a noff and recognized the viability of use of <br /> a construction window in plat approvals. <br /> Mc. <br /> ticittlt inatthe negotiatlneland"will upholldg theedtemsp ofithe <br /> settlement. <br />