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07/05/1989 City CouncilTHESE MINUTES SUBJECT TO JULY 18, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES (July 5, 1989) The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the South County Senior Center, 220 Railroad Avenue, Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Bill Kasper, Council President .Steve Dwyer, Councilmember Laura Hall, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember STAFF Mary Lou Block, Planning Div. Mgr. Art Housler, Admin. Svc. Director Bobby Mills, Public Works Supt. Dan Prinz, Police Chief Peter Hahn, Comm. Svc. Director Scott Snyder, City Attorney Gordy Hyde, Engineering Coord. Jerry Hauth, Hydraulics Engineer Jackie Parrett, City Clerk Jack Weinz, Fire Chief Karin Noyes, Recorder CONSENT AGENDA COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, FOR PASSAGE OF THE CONSENT AGENDA. Council President Kasper indicated that he had some concerns about Item (H), that should be dis- cussed. COUNCILMEMBER WILSON WITHDREW HIS MOTION AND COUNCILMEMBER HALL, THE SECONDER, AGREED. Item (H) was removed from the consent agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEM- BER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 27, 1989 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM RICHARD J. CUEVAS (911.58) GLr w� C�•� (D) ACCEPTANCE OF QUITCLAIM DEED FROM GLENN ROBERTS FOR DEDICATION OF STREET RIGHT-OF-WAY AT 18414 79TH PLACE WEST (E) ADOPTED ORDINANCE 2725 ADOPTING WASHINGTON STATE 1988 UNIFORM BUILDING CODE AND OTHER STATE APPROVED CODES l%2 (F) ADOPTED ORDINANCE 2726 RELATING TO POSTING OF NOTICE TO PROVIDE FOR A LARGE ON -PREMISES SIGN (G) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ADB DECISION 1 REGARDING LANDSCAPING AT 1233 OLYMPIC VIEW DRIVE (APPELLANT: PATRICIA PAGE/ lP� AP-19-89/ADB-9-89) REPORT ON BIDS FOR NEW COPIER AND MAINTENANCE AND SUPPLY AGREEMENT AND EXTENDED MAINTENANCE AND SUPPLY AGREEMENT COVERING EXISTING PHOTOCOPIERS ITEM H N N NT AGENDAJ Councilmember Kasper said he received a verbal protest on the bidding process that should be discussed prior to approval of this item. C4_p U`J Councilmember Hall said that she worked on this particular issue. She inquired about the nature of the complaint. Councilmember Kasper said he received a verbal complaint and the individual indicated that he would be sending a written letter concerning the complaint to the Council. He said he has not yet received this letter. Councilmember Hall said this bid has already gone through the process. She inquired if the Coun- cil wanted to discuss this further after the process has already taken place. Councilmember Kasper said the purpose of the process was to get a policy regarding the copy ma- chines maintenance, etc. He said this complaint was regarding the bidding process. He explained that apparently, this individual feels that the bidding process was not followed properly and legally. Councilmember Nordquist inquired if Mr. Housler has received any complaints. Mr. Housler an- swered negatively. He said the City went through the process and the City Attorney has reviewed the process. He said the complaint may just be based on dissatisfaction that the individual did not get the bid. He stressed that all of the legal aspects of the bidding process were closely followed. Councilmember Hall asked Councilmember Nordquist if he was aware of any improprieties in the bidding process. Councilmember Nordquist answered that he was not. Councilmember Wilson indicated that, while in the office, he learned that one of the vendors was not happy with the bidding process and was going to file a complaint to the Council. Mr. Housler said he did not think there had been any type of formal complaint filed. He said the purchasing clerk talked with this vendor four times during and three times after the bidding process to explain the process. He said that all of the vendors agreed upon the process. Mr. Housler said that after the bidding closed, this vendor had a problem with the bidding process in general, however, he has not followed up this complaint with any written statement. Mr. Housler indicated that he has the documents from this bidding process. If the Council re" views this file, they will -find that all of the legal procedures have been followed. Mayor Naughten said that he could review these documents tomorrow to determine whether the pro- cess was followed correctly or not. If the Council wishes, they can move to award the bid based upon his findings. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCIL PRESIDENT KASPER, TO APPROVE THE BID BASED UPON THE MAYOR'S RESEARCH TURNING OUT OKAY. MOTION CARRIED. AUDIENCE Natalie Shippen, 1022 Euclid 'referred the Council to the Memorandum of Understanding submitted by the Department of Transportation (DOT). She suggested that Item 7 of this memorandum be -amend- ed by adding a sentence stating that: "The State recognizes that no changes may be a City pre- ferred alternative." Ms. Shippen said that the reason she made this request was because she thinks that what the DOT considers to be a "do nothing policy" is the market alternative that rests upon supply and de- mand. If the supply of the ferry system is fixed by the configuration of the. docks and the de— mand continues to increase, then ultimately, the City is going to either get people adjusting their travel habits or the demand is going to decrease somewhat until people can once again conve- niently take a ferry. Ms. Shippen said she felt this additional sentence should be included in any discussion with the DOT. She 'said it .could just be that there is not going to be any agreement on the alternatives suggested thus far. Council President Kasper said that he read an article in the Enterprise that said it was the sense of the Council that there was not going to be a study of alternative sites for the ferry dock. He said he did not know where this information came from. He said he certainly is not in favor of not studying an alternative site. He recommended that the Council keep their options open because it is essential that they look at the entire subject. Councilmember Hertrich stated that the Memorandum of Understanding from the Ferry System has been revised and will be studied by the Community Services Committee at their next meeting. He said that one of the items that will remain in the list is a study of alternative sites. HEARING ON PROPOSAL TO DESIGNATE ALLEY ONE WAY FROM MAIN STREET TO BELL STREET BETWEEN THIRD AND FOURTH VENU As a point of order, Councilmember Nordquist said that this issue was sent to the Planning Board for review. The Board has indicated that the study will not be ready until August 1989. He inquired if there is any reason why the Council cannot wait until that time to make the deci- sion. EDMONDS CITY COUNCIL MINUTES Page 2 July 5, 1989 Mr. Hahn said the two separate applicants have timetables which will be affected by waiting until the end of August. He explained that the developers' proposals are not being approved because of the City Engineer's interpretation of the Code and they are asking for a determination from the Council so that they can proceed. He said that the Council's decision may be that it is prema- ture to make a decision, but the applicants have the right to make their requests. Councilmember Hall said that since this request was posted as a public hearing, the Council should proceed with the hearing before making any decisions. Mr. Hahn said some of the background is the same for both Items 3 and 4. He said that, basical- ly, the City Engineer determined earlier this year that alleys cannot be exempt from street stan- dards that are used for developments. He explained that the way the current code is written, an individual would. need to have a certain amount of width to develop a street. The only way, ac- cording to the street standards, to allow alleys to be used as primary access is to designate the alley as one way. Mr. Hahn said that because the subject of alleys is still unresolved as an overall traffic issue, the Model Traffic Standards are being used and the local authorities can designate streets, roads, and alleys as one way. Mr. Hahn said the Engineering Staff has reviewed these alleys and has contacted property owners onboth sides of the alleys. From these contacts, the staff has suggested preferred directions if the alleys are designated one way. Mr. Hahn said Mr. Hyde has indicated that this particular alley should go northward from Main to Bell. Councilmember Hertrich said the main reason this is before the Council is to provide primary access for the development. He inquired if there is anything in the Code or Comprehensive Plan that addresses the need to use alleys to provide primary access. Mr. Hahn said the Code is si- lent at this time as to how alleys can be used. Councilmember Hertrich inquired if there is a, history of this particular alley being used for access. Mr. Hyde said he is not aware of this alley being used for primary access at this time, but some of the other alleys in this area.are currently being used to access parking. Mr. Hahn explained that, generally, the Engineering Department's principle is to take traffic from a more heavily travelled street to a less heavily travelled street. He said Mr. Hyde has done a study of all of -the alleys" in the City to determine where the obstructions are, where the utilities are, and which alleys are opened, etc. He said the intent of the Planning Board is to make sure that the one way designations are done systematically and not on a case by case basis. Mr. Hahn said that with this particular request, it is almost sure that this street would be designated as one way going northward on the master alley plan. However, Mr. Hahn agreed that it is premature to make one way designations alley by alley. Mayor Naughten pointed out that the Council is not here to discuss policy, but to discuss these two -requests. Council President Kasper said -that there are other issues to discuss and he is concerned that these two requests could complicate the problem if a decision is made now. Mr. Warren LaFon, the applicant, said that there are currently multiple family and commercial developments that are using the alley to access their parking. He said it does not make any difference to him which direction the alley goes. Mr. LaFon said that he received statement from Mr. Hahn that the City would not deny access. Only the direction was up in the air. Mr. LaFon said that the alternative to using the alley to access the parking would be to park along Fourth Street. He said he did not feel this is the way the City wants to grow. Councilmember Jaech clarified by asking whether Mr. Hahn told Mr. LaFon that the access would be okay but the direction needs to be decided. Mr. LaFon explained there were concerns and rumors circulating. As a result, Mr. Hahn put out a memorandum which stated that access would not be denied to the sites off the alley and that only the direction is up in the air. Mr. LaFon said that Mr. Hahn did not indicated in the memorandum whether the access would be granted for primary or secondary use. Council President Kasper said that the parking along that alley is intended for service access. EDMONDS CITY COUNCIL MINUTES Page 3 July 5, 1989 He said he is disturbed by the decision being made before coming to the Council. He said he felt that the Council's responsibility is to determine whether they want to make a decision at this time or wait until the Planning Board has made their recommendation. Jeff Palmer, 17510-76th Avenue West, said that Planning Board is looking into this issue, and as a resident, one of his concerns is that the City does not make a patchwork policy which could happen in the down town are where projects are completed by using the alleys as primary access and then the access cannot be changed later on when the City develops standards for the alleys. Mr. Palmer pointed out that the definition of alleys in the Code specifically states that alleys can only be used for secondary access.-- Any project that uses the alleys, must be doing so as a' secondary use or the Code must be changed. He suggested that the Council table these two re- quests until there is an overall policy from the Planning Board. Councilmember Hall said that some years ago, when another planner was on board, he presented the idea of using the alleys in the City for pedestrian access. Now, those pedestrians use automo- biles. Because of the nature of this issue, it is going to take time for the Planning Board to study this issue. She inquired how the developers would be affected if the Council postponed their decision until the Planning Board's study is completed. Mr. Hahn said that he had not indicated to the applicant that primary access from the alley would be granted. He said he told the applicant that if the street is designated as one way, they could have primary access from the alley. Mr. Hahn said the confusion probably occurred when someone on the staff told the applicant that it did not matter which direction the alley was designated if the access is approved. However, the one way designation will have to take place before the primary access will be allowed. Councilmember Jaech said her main concern is that if the alleys are all designated one way going in the same direction, there will be an increase in traffic confusion. She felt that if the directions were not the same, less confusion would occur. Councilmember Wilson'said he was somewhat concerned about the people coming from the alley into the main streets if any of the alleys were designated in both directions. Council President Kasper said he also had concerns about the pedestrian safety along the main streets if the alleys were allowed to exit onto the main streets. Council President Kasper suggested that maybe the Council does not need to discuss the direction of the alleys at this time, but rather, decide whether the alleys should be designated as one way. The Council continued to discuss some of the safety issues involved with designating alleys as one way, particularly the alley in question. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL MEMBER HERTRICH, THAT A DECISION ON THIS PROPOSAL BE POSTPONED UNTIL THE PLANNING BOARD ISSUES THEIR REPORT. MOTION CARRIED. HEARING ON PROPOSAL TO DESIGNATE ALLEY ONE WAY FROM SIXTH AVENUE TO DURBIN STREET, BETWEEN MAIN STREET AND DAYTON STREET Mr.. Bert Stole, 8704-182 Place Southwest, said the implication was definitely given that access could be had from the alley for parking based on the recommendation from the Council on which direction the alley should run. Mr. Stole said if your building is,on a main street, you have primary access along the main street. He explained that his application is to use the alley to access parking. This request is different from a four -lot subdivision because in a subdivision, the only way for service vehi- cles to access the property is through the alley access. Therefore, the alley access must be larger. In this particular case, however, the service vehicles can access his property from the main street. Mr. Stole said he previously had presented the Council three letters pointing out how alley ac- cess is much much safer and cuts down on the number of pedestrian sidewalk crossings along Sixth Avenue. He said it is also better visually, to access the parking from the alley. Mr. Stole said the Architectural Design Board (ADB) has encouraged him to seek approval to access the park- ing from the alley. He said by doing so, they would be giving two parking spaces along Sixth Avenue back to the City. He said there are many advantages to using the alley to access the parking. Mr. Stole said that proposal will not add any more parking spaces. In reading from the March 21, 1989 City Council Minutes, he said the Council decided that alleys have not been a problem and should be left alone. He said his alley could very well be left alone because nothing will be changed. EDMONDS CITY COUNCIL MINUTES Page 4 July 5, 1989 Mr. Stole said that if the people owning property along the alley were polled, the Council would find that there are few people who disagree that the alley should remain as it is. Mr. Stole inquired why this request so complicated. He inquired why they cannot just go on with the permit process until the Planning Board makes their recommendations and then the developers can make the necessary changes. Councilmember Wilson said it seems that this alley is wider than the alley in the previous hear- ing. Mr. Stole said the two alleys are the same width. He said if the site is developed proper- ly, the building cannot be closer than 27 feet to the alley. Consequently, the alley is quite wide and roomy. Mr. Stole said the point to consider is that he is not proposing to add any more space than is there now, but the area would look better aesthetically. Councilmember Wilson agreed that there are some alleys that should be left alone and some that should be designated as one way. He felt that a policy designating all alleys as one way could cause problems. Council President Kasper said there are many ramifications to setting an over-all alley policy. He felt that alleys should be dealt with on a case by case basis. Mr:.: William Roff, 626 Main Street, said he is the representative for the residents of the Sea- scape Condominiums. He presented a statement (marked Exhibit 1) signed by 11 of the 12 occupants of the building which read: "Inasmuch as there is no apparent reason for the alley between Sixth Avenue and Durbin and other streets to be changed to one way traffic, we, the undersigned, feel that traffic patterns should be left as they are at this time." Georgianna Kellogg, 626 Main Street, said she wants to have the alley remain as two way. She said they have a problem exiting onto Main Street at this time because the traffic has been get- ting worse. She said some of the ladies living in the condominiums will not even exit that way because the cars that are parking so close to their entrance make it difficult to see oncoming traffic. Because of these traffic problems, most of the residents use the alley for access wheth- er going north or south. Ben Hector, 626 Main Street, said he would like to keep the alley the way it is because if it is one way, it could cause a lot more traffic from Sixth to Durbin due to the businesses in the area. 'He said that now, most of the traffic from Sixth Avenue uses the alley to turn around and drive out. If it is designated as one way, they will all have to go past Seascape and make it harder for the residents there to get out of their parking lot. Mr. Stole reiterated that.the alley works as is. He said that his proposed office building will replace a drive-in and will create less traffic than the drive-in used to. He said he sees no reason to change the alley to one way. He inquired if he could go ahead with the permit process and development. If the City later determines that the alley should be designated as one way, they, can make the changes necessary. Mr. Stole said if access is not granted from the alley, he always has the option to access off of Sixth Avenue and it would not affect his parking other than it would be less attractive than the proposed plans. He said the ADB has agreed that the alley parking should be pursued. Councilmember Hertrich inquired if it would be acceptable to Mr. Stole if the Council allowed him to go ahead with his development on the basis that some decision on the direction of the alley will be made in the near future. He inquired if this would hold the developer up. Mr. Stole said that this would hold him up because drainage issues, parking configuration, etc, must be decided upon before the development can be approved and started. Councilmember Hall said alleys are very dangerous because they are not as wide as streets. She said she is concerned that the City has been discussing alleys for 10 years and has not come up with any decisions. She said she feels that alleys should remain as two way. Councilmember Hall suggested that the Council give some parameters to the Planning Board on what they want the alleys in the City to be like. She felt the Council should make some decisions soon.._ She recommended that the Council schedule another discuss of this issue so that the Plan- ning Board knows how the Council would like them to proceed. Council President Kasper agreed. Councilmember Wilson asked Mr. Snyder how they would go about pulling a particular alley out of the street designation plan. EDMONDS CITY COUNCIL MINUTES Page 5 July 5, 1989 Mr. Snyder said the designation of alleys is a legislative act that the Council is delegated under the Uniform Model Traffic Code so to a certain extent, there is no overlap. If the Council wants to turn down the applications, they can do so. The Code has been interpreted by the staff and there has been no appeal from that interpretation of alleys. He pointed out that the Council is already going through the Planning Board process which would add definitions and directions to the Code. In the interim, the Council could pass a resolution as the sense of the Council on voice motion as to how they would like this matter interpreted. He said if there are challenges it will come back to the Council. He said if the Council wants to resolve the issue tonight a Sense of the Council resolution or direction to the staff is the best tool. Mr. Snyder said there is another method that could get this issue back to the Council within the tWo weeks and that is by using the ordinance that he previously sent to Councilmember Wilson and Mayor Naughten upon their request. This ordinance amends Chapter 18 which is the development standards. This is -not a part of the Community Development Code that has to go to the Planning Board and it provides a procedure as part of architectural design review to approve secondary access for alleys as a part of the review of the parking lot configurations. Councilmember Hall felt this issue goes back to a case by case situation because each alley is different. The reason Edmonds is so unique is that one standard does not apply to the entire City. M$. Snyder said that 'even if the alleys are reviewed on a case by case basis, some standards are necessary to make the determinations. Councilmember Hertrich inquired if there were alternatives in this case that could be allowed without getting into the full alley issue. Mr. Hahn said that Mr. Stole could access off of Sixth Avenue and not have to have this request granted. He pointed out that the first case does not have this flexibility. Councilmember Jaech felt that if people are happy with the alley the way it is, 'why does the City have to change it. She felt the City should let Mr. Stole go ahead with his proposal. She said she felt the City Attorney could figure out some way where this situation can be resolved in the very near future. Mr. Snyder said that the "short and dirty approach" in respect to this project is to note his disagreement and appeal it. In other words, if his project is turned down solely on the basis that it does not have primary access, he appeals that and brings it on to the Council with his project plan. Councilmember Jaech said that her concern is that a year or two ago (without changing the Code) the City did not have this problem. Now they are having the problem because there has been a change in the interpretation of the Code. She felt they should go back -to the old interpretation because it was working fine. Mr. Snyder felt he and Councilmember Jaech were saying the same thing. If Mr. Stole feels that a majority of the Council would support his proposal based on the old interpretation, he can bring his proposal to the Council. This may come to the Council with a negative recommendation from the:ADB or staff. The Council can then decide whether to allow the proposal or not. Councilmember Hall said she is concerned that if this proposal is approved it may contradict the Council's decision on the previous issue. Mr. Hahn said the road standards that are being used to interpret the Code were adopted by the City Council. That does not say that there are not problems with the standards as adopted, but there must be standards to follow. He said the Code, as it is now, just doesn't give the staff the flexibility they would like. He said that staff is all for flexibility, but Code changes are necessary to allow more flexibility. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL THAT THE COUNCIL INSTRUCT THE CITY ATTORNEY TO COME BACK WITH A RECOMMENDATION ON HOW THEY CAN CHANGE THE DEFINITION IN THE CODE SO THAT THEY ARE ABLE TO ACHIEVE WHAT THEY HAVE DISCUSSED TONIGHT BY THE AUGUST 1, 1989, MEETING. MOTION CARRIED, WITH COUNCILMEMBER DWYER VOTING AGAINST THE MOTION. ON COUNCIL RECONSIDERATION OF ACTION TAKEN ON APPEAL OF ARCHITECTURAL DESI6N BOARD EDMONDS CITY COUNCIL MINUTES Page 6 July 5, 1989 Councilmember Nordquist announced that since he was not at the last meeting where this issue was discussed and has not had the opportunity to review all of the tapes, he would be stepping down from the discussion. He then left the dais. Councilmember Nordquist remained in the meeting room during part of the hearing, but he then left and was not present to vote on any other items on the agenda. Councilmember Dwyer said that last time this came before the Council he abstained. He said he has listened to the tapes from the previous hearings and reviewed all of the information present- ed to the Council and is prepared to participate in the discussion. Ms. Block reviewed the agenda memorandum with the Council which described some of the previous discussions and actions that have taken place. She pointed out that there are three access plans that would be presented to the Council. She referred the Council to the letters that were includ- ed in their packet. Ms. Block read the first letter from Richard Johnson of the Department of Fisheries which stated that they reviewed the plans submitted by Jack Vandeman for not crossing the stream. Mr. Johnson indicated that with this plan, important riparian vegetation would be removed and replaced by a roadway and a rockery near the stream. He stated that he did not see this as an improvement over the original plan for a free -span bridge. He said that the bridge crossing may, in the long run, be the least harmful of the two options presented. Ms -.:.Block also read the letter from Philip Schneider from the Department of Wildlife which states that the bridge will have little or no impact to the stream during construction and after it is completed. Also, if the bridge width were reduced, there would be less disturbance to the exist- ing vegetation. He pointed out that Mr. Vandeman's plan shows a rockery immediately adjacent to the creek and encroaching into the 25-foot setback, thereby removing a significant portion of the natural vegetation along the creek. He stated that it is important that this native vegetation remain as originally shown on the first plan to provide shade and cover for the fish and increas- ing the distance from impacts of construction. He concluded that the alternative plan submitted by Mr. Vandeman would have have more adverse impact than the original plan. Ms. Block said these two letters are consistent with the staff recommendation to follow the ADB's recommendation to uphold the Hearing Examiners- decision based upon the revised development plan. Ms. Block placed transparencies on the screen for the Council and audience to view. Councilmember Hertrich asked for and received clarification from Ms. Block regarding the location of the stream, rockery, and parking areas on the three access plans. Councilmember Hertrich inquired how much vegetation would have to be removed to construct the proposed bridge. Ms. Block said there are two cottonwood trees that will need to be removed if the bridge is built. She said that the underbrush should remain as is. She pointed out that a variety of shade vegetation would be planted under the bridge. Jim Smith, 18500 Olympic View Drive, thanked the Council, Mayor, and staff for giving him the opportunity to address the questions that came from the last Council hearing. He felt there is a lot of misinformation and some distortion that they would like to clarify. Mr. Smith said it was brought up by Mr. Vandeman at the last meeting that the State Game and Wildlife and Fisheries Departments would not recommend a bridge if the Glen Street entry were possible, but that was not true. Also, it was mentioned at the last meeting that they are propos- ing a 40' by 6' fitting which was incorrect. Mr. Smith said a Councilmember had asked if it would not really create more of a problem to cut the road in and go down alongside the creek with extensive rockery and tree removal than it would to do a bridge. Mr. Smith said Mr. Hertrich had asked if the rockery would disrupt the ecology system of the creek. He said his proposal would only cause two trees to be removed. He said he would like to see as much of the vegetation retained as possible. Mr. Smith said that many of the neighbors who were concerned about the bridge at the last meeting told him afterward that many of their concerns had been answered and that they no longer would oppose the bridge. Mr._ Smith said that he asked the Department of Wildlife to respond to Mr. Vandeman's proposal. Their response was that the bridge would have less impact to the stream and wildlife than the access proposed off of Glen Street. Mr. Smith pointed out that more vegetation would have to be removed if the access were from Glen Street to allow for visibility than if the bridge were built. EDMONDS CITY COUNCIL MINUTES Page 7 July 5, 1989 Mr. Smith pointed out that the aesthetics of his proposal have never been discussed. He said he would like to save one of the cottonwood trees and this project would make the creek look like something that is appreciated. He explained that the bridge would look nice and would have rail- ings on the side. He pointed out that this option would not save any money and would, in fact, cost more than accessing the property from Glen Street. Mr. Smith read a letter addressed to the Council from Mr. and Mrs. Michael Way of 634 Giltner Lane, stating that they originally signed Mr. Vandeman's petition in April. They said that after more information and much thought about the Creekside Condominiums, they do not object to Mr. Smith's building and access plans. The letter was submitted to the City Clerk and marked Exhibit 1. Councilmember Hertrich inquired about the possibility of changing the parking configuration to bring the asphalt further from the creek. Mr. Smith indicated that he has done several drawings and this appears to be the best parking situation. Councilmember Hertrich inquired about the possibility of the floor of the parking area being raised a little closer to the grade on Glen Street. Mr Smith said that right now, they are with- in a few inches of the height limit set in the Code. He said they would need a four to six foot height variance to raise the parking area. Jack Vandeman, 616 Sater Lane, presented two photographs (marked Exhibit 2) to the Council show- i`n.g. where the bridge will be placed and the trees that he thought would have to be removed for the bridge. He stated that the slope proposed by the developer is steeper than the slope pro- posed in the Glen Street access plan. He also felt that rockeries had been described as a terri- ble thing, but he said rockeries only go down 18 inches to create support, whereas the bridge footings will go down 6 feet. He inquired what the rationale is for putting in a bridge that needs to go down 6 feet so close to a stream. Mr. Vandeman felt that the City was granting too many variances and exceptions to help this devel- oper build his proposed development. Councilmember Hertrich inquired if Mr. Vandeman's proposal has the rockery placed as close to the creek as heard in previous testimony. Mr. Vandeman said that he knows people along the creek who use rockeries alongside the stream and these rockeries have held up. He said he sees no reason for the rockery to come closer than three or four feet of the stream. Mr. Vandeman said he did not feel the bridge could be constructed without removing many more trees and more vegetation than the developer indicated. Mr. Vandeman read a letter from himself to the Council which was submitted as Exhibit 3. The letter stated that Mr. Vandeman felt the developer has tried every way to build an illegal bridge across Shell Creek and the City has tried almost as hard to accommodate him by placing every pertinent City Code up for negotiation and compromise. This letter concluded by stating he chal- lenged the City Council's"decision to grant a rehearing to the developers in that the question of approving or rejecting construction of a vehicular bridge across Shell Creek was legally and finally dealtwith by the Council on June 6 and the answer was no. Eugene Adamson, 625 Aloha Way, said he has lived in his home since 1965. Every year he sees buildings constructed. When there is a rainstorm they have a deluge of water coming down the streams. He said he reviewed the pictures Mr. Vandeman submitted and it seems difficult to build a bridge such as the one proposed without disturbing more vegetation than indicated by the devel- oper. Mr. Adamson said a lot of vegetation that is along the creek requires sunshine and will not grow under the bridge. He said he would hate to see the project go the way it is. He noted that the bridges there now are footbridges and not for vehicular traffic. He felt there is a way to ac- cess the garage and parking area without the bridge. Councilmember Wilson asked if Mr. Adamson was aware that the City is spending $2 million in the process of enhancing the quality of the creek and mitigating the run-off problems. Mr. Adamson felt this project would only add to the problem by taking away more vegetation. Councilmember Hall said she has been to the site a few times and found that people living down stream have really deluged the downstream. She said some of the lawns are landscaped right down to the stream line and insecticides and fertilizers are going right into the creek. Councilmember Hall said she hoped the Council could come up with a solution that would be accept- able to both the applicant and the appellant. EDMONDS CITY COUNCIL MINUTES Page 8 July 5, 1989 Dorthea Vandeman, 616 Sater Lane, read a letter written by Norm Hagen, 807 7th Avenue North. Mr. Hagen's letter thanked the Vandeman's for bringing this proposal to his attention. He said he assumed that the traffic count is the developer's way of getting his way. The traffic counts are based on summer schedules and are not indicative of year-round traffic. Mr. Hagen's main objec- tions centered on safety factors with children playing on the bridge. He indicated that he is having difficulty understanding why the development is so against the Glen Street entrance. He said he would concede a few parking spaces if need be. He asked the Council to please consider the full impact of this bridge on Shell Creek. Mrs. Vandeman said the residents are protective of their creek just as others are of their moun- tain or sound view. She said they were granted a variance but cannot encroach upon the vegeta- tion of the creek. She pointed out that the large trees will reduce the drainage problems, but five of these stand in the way of the bridge. Mrs. Vandeman said she is opposed to any vehicle bridge crossing Shell Creek when there is access form Glen Street. Perry McClellan, 1010 Brookmere Drive, thanked Mr. Vandeman for bringing this issue to his atten- tion. His opinion was that the issue was the impact of the type of building proposed to be built on the property. He pointed out that the scale of what the developers are proposing is out of character for that area and because of that it impacts severely what is left of a relatively natu- ral.: portion of Shell Creek. His concern was for those few places in Edmonds that still have natural characteristics, and he said that is what makes Edmonds unique. He thought the number of units to be out of scale and he preferred to see the number of units reduced or the development pushed to the west end of the lot and the corner of the lot left alone. Mr. McClellan said that entry from Glen Street could be made directly to the buildings with ac- cess to the parking. He recommended that the impact to the area be as minimal as possible and that the trees be preserved as much as possible. Mr. McClellan said it seems that they should be able to work out a compromise to recognize the developers and the property owners rights. He asked the Council to do it as sensitively as possi- ble. Finis Tupper, 711 Daley Street, said he opposed the building of the bridge as depicted on the applicants plan. He said the City does have a history of bridges over streams in subdivisions, specifically Deer Creek in the Seawood Subdivision. He stated there was much damage there to the fish hatchery. Mr. Tupper noted the plans indicated the applicant has received a 50 percent reduction in the street and sideyard setbacks. One of the justifications for that adjustment was the location of the stream. He asked why grant them a setback to move the building away from the stream and then allow them to put a bridge over the stream. His opinion was that the Glen Street proposal provides less impervious surfaces and less run-off, and he felt less impervious surface was important. John Moser,.825 7th Avenue North, expressed concern about the bridge. He presented a copy of a drawing, depicting some of his concerns (marked Exhibit 4). He was surprised that the Department of Wildlife had approved this bridge and the removal of trees in exchange for the setback. He said that approval did not recognize the volume of the trees. He pointed out the greenhouse effect, saying these trees soak up CO2 and if they are removed, the greenhouse effect will be diminished. Mr. Moser said he is against the construction of the bridge and also was concerned about the amount of traffic that will be added to the already busy Seventh Avenue. Delores Strong, 730 Vista Place, said she came from an area that was totally destroyed by doing the things man wants to do. She loves the water and trees and said she would be very upset if the Council allows the developer to do anything that will denude that corner or destroy the stream. Wayne Meyers, 850 Northstream Lane, said the greatest pollution to creeks he has seen is from street run-off water but that will be handled by storm drains. He felt that the Design Board should be able to require whatever landscaping is necessary to protect the property and if there are trees that have to come down, the developer should be able to take care of that situation. Mr. Meyers did not feel the additional traffic on Seventh Avenue mentioned above would be a prob- lem. He said he was in favor of the project. Jurgen Sauerland, Lovell-Sauerland and Associates, said he was not at the last hearing, but he talked with Philip Schneider from the Department of Wildlife. He said that the City requires a 15 foot setback from the stream and the Department of Wildlife recommends a 25 foot setback. EDMONDS CITY COUNCIL MINUTES Page 9 July 5, 1989 Mr. Sauerland said the applicant has no objection to creating access from Glen Street except that more vegetation will have to be removed. The bridge access would removed very little vegetation because the bridge will be built a section at a time. Mr. Sauerland explained that the proposed elevation of the building is 172 feet and the existing elevation of the street is 178 feet. That means if the Glen Street access is used, the grading level would be 15 percent, which is higher than the City Code allows. Councilmember Hall recommended that the bridge be smaller than 25 feet because the proposed bridge location is the only place where people can walk around and see the stream. She also recommended that the bridge provide a stop viewpoint for pedestrians. Mr. Sauerland said he talked with the Engineering Department about the possibility of the bridge being smaller than -25-feet. The Engineering Department felt 20 feet would be sufficient for the bridge. However, Mr. Sauerland noted that a change in the width of the bridge would require a City Council decision to allow the 20 foot width. Councilmember Hall inquired if would be possible to cut the width of the bridge even more. She suggested that perhaps it be 15 to 18 feet wide. Mr. Hahn said that the sensitive nature of the area would be criteria for allowing the bridge to be smaller. Councilmember Hall observed that there is an overall picture that vegetation is all that is need- ed for wildlife, but the bridge would provide a natural shade and decrease the temperature of the water. These factors should be taken into consideration, also. Mr. Sauerland explained that most of the vegetation would remain except where the actual bridge will be placed. He said there is an agreement with the Fish and Game Department that other brush and vegetation that is natural to the area will be replaced around the creek. He said if the bridge width is 20 feet or less, the developer will be able to save one more tree. Councilmember Hertrich pointed out that due to root structure, at least three trees will have to be removed. He inquired how many major trees would be removed with the plan for access from Glen Street. Mr. Sauerland said the other vegetation is as important to the wildlife as the large trees. He pointed out that more vegetation would be removed if the Glen Street access is ap- proved. In addition to the other types of vegetation that would be removed, Mr. Sauerland said that one 24-inch tree, one 10-inch tree, and a clump of smaller trees would have to be removed if the Glen Street plan is adopted. Councilmember Dwyer inquired, because of the concerns that the installation of the bridge will wipe out the vegetation, if there is a way to bond the construction of the bridge to guarantee that the placement of the bridge does not greatly alter. the look of what the ADB approved. Ms. Block said that all of the rewquirements of ADB approvals are bonded. She suggested that one thing the Council could do is require a cost sheet for replacement landscaping if unanticipated landscaping were removed. Councilmember Hertrich said he has a real problem with the proposed bridge. In looking at the pictures submitted by Mr. Vandeman and observing of the large diameter of trees that need to be removed, he was convinced that those trees should not be removed for a bridge. He felt the City should preserve whatever it can. He said the building is being built away from the creek and the developer should be able to find.a way to get people to the parking area from Glen Street. Councilmember Hertrich said he could not go along with the bridge as proposed. If this develop- ment were put off until the applicant could come back with a proposal for access off of Glen Street, he would feel more comfortable with the development. Council President Kasper said that on June 6, he came with mixed feelings. During the hearing, he came to the conclusion that the bridge was the way to go. It is his feeling that everything has been done to mitigate this and the City is in the process of mitigating the drainage problems in the area. In light of that, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL UPHOLD THE ARCHITECTURAL DESIGN BOARD DECISION SUBJECT TO THE REVISIONS TO THE SITE PLAN RECOMMENDED BY THE DEPARTMENTS OF WILDLIFE AND FISHERIES AND REDUCE THE WIDTH OF THE BRIDGE TO 20 FEET. Councilmember Hall stated that she would like to see the bridge width even less than 20 feet. She suggested the width be between 15 to 18 feet if possible. Councilmember Dwyer inquired if the Council could waive the 25 foot bridge width requirement. EDMONDS CITY COUNCIL MINUTES Page 10 July 5, 1989 Mr. Snyder said that 'in his review of the ADB decision it does not indicate that the width of the bridge is spelled out at all. It is subject to the lane modification requirements that are staff decisions. Mr. Snyder said that if the motion passed, in his findings he would direct staff to provide appropriate staff decisions setting the bridge width at 20 feet. MOTION CARRIED, WITH COUNCILMEMBER HERTRICH VOTING AGAINST THE MOTION. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCIL PRESIDENT KASPER, TO EXTEND THE MEETING. MOTION CARRIED. The Council adjourned for a five minutes recess. AND TAPPELLANT: the requirement for building as the site plan was approved. She recommended that the Council uphold the Hearing Examiners decision. Mr. -.Snyder noted that this discussion did not have to be opened to the public because it was a continuation of the Council deliveration, the hearing having been closed. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL UPHOLD THE HEARING EXAMINER'S DECISION BASED UPON THE REVISED DEVELOPMENT PLAN. MOTION CARRIED. REQUEST FOR APPROVAL TO OVERLAY BOYS/GIRLS CLUB BASKETBALL COURT AND OTHER IMPROVEMENTS Public Works Supertendent Bobby Mills said this is a proposal that came out of the Council's retreat and was added to by the problems at the Anderson Center Court. He explained that it is not necessary to remove the three or four feet bf material that is there. They are recommending the court be preleveled and overlayed. He said this court will be used by the public. Council President Kasper inquired about the type of soil found underneath the court and whether it would have to be dewatered, and Mr. Mills said it would not and there should not be any prob- lem with doing the project as recommended by staff. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCIL PRESIDENT KASPER, TO APPROVE THE REQUEST FOR FUND- ING TO OVERLAY THE BOYS/GIRLS CLUB BASKETBALL COURT. MOTION CARRIED. Mr. Mills presented the Council with a proposal to paint the inside and outside of the Gym at the Boys and Girls Club. He also said that the grandstand needs to be replaced on the south side. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCIL PRESIDENT KASPER, TO APPROVE THIS REQUEST WHICH INCLUDES: PAINTING THE UPSTAIRS GYM, COMPLETING THE PAINTING OF THE EXTERIOR OF THE BUILDING AND THE LIFT ROOM. HOWEVER, THE COLOR SHOULD BE CHANGED TO SOMETHING OTHER THAN BURGUNDY. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH ASSISTANT POLICE CHIEF WALLACE TRIBUZIO TO ATTEND FBI NATIONAL ACADEMY 604, F Z Police Chief Dan Prinz said Assistant Chief Tribuzio has had an application in to attend this academy for about two years. This appointment came through sooner than anticipated. He said the training would be for 11 weeks starting in September. Most of the costs will be paid by the Federal Government. There are some costs, however, that must be paid by the City which amount to $784. Chief Prinz said he had not budgeted for this academy. He requested funding from the Council Contingency Fund. Councilmember Hall inquired if the Police Department would be able to match the Council for the money. Mr. Prinz indicated that it would be difficult, but they could do so. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO AUTHORIZE THE MAYOR TO SIGN AGREEMENT WITH ASSISTANT POLICE CHIEF WALLACE TRIBUZIO TO ATTEND THE FBI NATIONAL ACADEMY. MO- TION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 11 July 5, 1989 ELECTION OF COUNCIL PRESIDENT AND COUNCIL PRESIDENT PRO TEM I ' COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER DWYER THAT THIS ITEM BE POSTPONED TO THE e� ", y NEXT MEETING. Councilmember Hall suggested that the Council get serious about discussing the salary changes for the Council members. She felt that these two issues should be discussed together. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO AMEND THE MOTION MADE BY COUNCILMEM- BER HERTRICH TO AUTHORIZE OPENING THE CLOSED JULY 18, 1989, AGENDA TO DISCUSS THIS ITEM AND THE COUNCIL SALARIES. MOTION CARRIED. THE MAIN MOTION AS AMENDED, CARRIED. Mr. Jeff Palmer inquired where Councilmember Nordquist was. The Councilmembers indicated that they did not know why he did not stay for the entire meeting. MAYOR Mayor Naughten said he received a request from the Harbor Square Corporation for a hearing on their binding site plan. He said the Corporation requested that the Council place this on the July 18, 1989 agenda because it would save them considerable time and money if this was not post- poned until August. The Council discussed this request and decided against including this item on the July 18 agenda. Mayor Naughten reminded the Council of the annexation meeting at the Woodway High School from 7:00 to 9:00 p.m. on July 6. Mayor Naughten announced that the Fourth of July was a huge success and there were no serious incidents. He said that there was a bigger crowd than usual and the parade was better than usual. COUNCIL Council President Kasper announced that an executive session should be scheduled regarding a real estate matter. He said he would place this item on the July 18 agenda. Council President Kasper said that he needs to know soon from those Councilmembers planning to attend the National League of Cities meeting in late November. He said that those who are inter- ested should let him know because they need to get rooms. Councilmember Hall reported that the Fourth of July was a success. She said she received com- ments on use of the truck by the Council. She stated that it was also mentioned that the Council was defying the parade rules and throwing candy. She said she did not throw candy and she had her own vehicle with people walking beside it to hand out candy. The meeting was adjourned at 10:30 p.m. THESE MINUTES ARE SUBJECT TO JULY 18, 1989 APPROVAL. )JI UELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 12 July 5, 1989 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JULY 5, 1989 SPECIAL MEETING - WEDNESDAY (BECAUSE OF 4TH OF JULY HOLIDAY ON TUESDAY) MEETING PLACE SOUTH COUNTY SENIOR CENTER - 220 RAILROAD AVE (SECOND FLOOR), EDMONDS, WA. CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 27, 1989 (C) ACKNOWLEDGMENT F RECEIPT OF CLAIM FOR DAMAGES FROM RICHARD J. (D) ACCEPTANCE OF QUITCLAIM DEED FROM GLENN ROBERTS FOR DEDICATION OF STREET RIGHT-OF-WAY AT 18414 79TH PL.-W. (E) PROPOSED ORDINANCE 2725 ADOPTING WASHINGTON STATE 1988 UNIFORM BUILDING CODE AND OTHER STATE APPROVED CODES (F) PROPOSED ORDINANCE 2726 RELATING TO POSTING OF NOTICE TO PROVIDE FOR A LARGE ON -PREMISES SIGN (G) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ADB DECISION REGARDING LANDSCAPING AT 1233 OLYMPIC VIEW DR. (APPELLANT: PATRICIA PAGE/AP-19-89/ADB-9-89) (H) REPORT ON BIDS OPENED JUNE 15, 1989 FOR NEW COPIER AND MAINTENANCE AND SUPPLY AGREEMENT AND EXTENDED MAINTENANCE AND SUPPLY AGREEMENT COVERING EXISTING PHOTOCOPIERS, AND AWARD OF CONTRACT TO WILLIAM DIERICKX CO. 2. AUDIENCE 3. HEARING ON PROPOSAL TO DESIGNATE ALLEY ONE WAY FROM MAIN ST. TO. (15 MINUTES) BELL ST., BETWEEN 3R0 AND 4TH AVE. 4. HEARING ON PROPOSAL TO DESIGNATE ALLEY ONE WAY FROM 6TH AVE. TO (15 MINUTES) DURBIN ST., BETWEEN MAIN ST. AND DAYTON ST. 5. HEARING ON COUNCIL RECONSIDERATION OF ACTION TAKEN ON APPEAL OF (45 MINUTES) ARCHITECTURAL DESIGN BOARD DECISION REGARDING ACCESS ONTO 7TH AVE. N. AND A BRIDGE OVER.SHELL CREEK AT 633 GLEN ST. (ADB-17-89/AP-20-89) i (APPELLANT: JACK VANOEMAN; APPLICANT: JAMES SMITH) 6. COUNCIL DELIBERATION REGARDING APPEAL OF HEARING EXAMINER DECISION (10 MINUTES) ON EXCAVATION AND GRADING OF APPROXIMATELY 1,250 CUBIC YARDS AT 633 GLEN ST. (AP-17-89/CU-22-89) (APPELLANT: JACK VANDEMAN; APPLICANT: JAMES SMITH) (TABLED BY COUNCIL JUNE 6, 1989 AND REMOVED FROM TABLE JUNE 20, 1989) 7. REQUEST FOR APPROVAL TO OVERLAY BOYS/GIRLS CLUB BASKETBALL COURT (10 MINUTES) 8. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH ASSISTANT POLICE ( 5 MINUTES) CHIEF WALLLACE TRIBUZIO TO ATTEND FBI NATIONAL ACADEMY 9. ELECTION OF COUNCIL PRESIDENT AND COUNCIL PRESIDENT PRO TEM (15 MINUTES) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE