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03/31/1987 City CouncilTHESE MINUTES SUBJECT TO APRIL 7, 1987 APPROVAL EDMONDS CITY COUNCIL -MINUTES MARCH 31, 1987 SPECIAL MEETING A special meeting of the Edmonds City Council was called to order at 8:30 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of. tine Edmonds Library, following a 6:00 p.m. dinner meeting and Executive Session (to discuss legal matters) at Anthony's Home Port. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Larry Naughten, Mayor Tony Russell, Mary Lou Block, Planning Div. Mgr. Jack Wilson, Council Pres. Student Rep. Bobby Mills, Public Wks. Supt. Steve Dwyer Art Housler, Admin. Svc. Director Laura Hall Bob Alberts, City Engineer Jo -Anne Jaech Scott Snyder, City Attorney Bill Kasper Jackie Parrett, City Clerk John Nordquist Margaret Richards, Recorder Lloyd Ostrom Councilmember Dwyer entered the room at 9:35 p.m. during the Council portion of the meeting and did not vote on any items. CONSENT AGENDA COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF MARCH 17, 1987 (The minutes were reconsidered and amended during the Council portion of the meeting.) AUDIENCE Mayor Naughten opened the audience portion of the meeting. No public input was offered. Mayor Naughten closed the audience portion of the meeting. Mayor Naughten introduced reporter Bob Wodnik from the Everett Herald. HEARING ON PLANNING BOARD RECOMMENDATION REGARD114G PROPOSED CONCOMITANT ZONING AGREEMENT FOR Planning Division Manager Mary Lou Block reported that on March 25, 1987, the Planning Board reviewed the proposed concomitant zoning agreement. This agreement was proposed by Edmonds Asso- ciates in conjunction with their anticipated annexation to the City of Edmonds of the large unde- veloped parcel of land located on tine southeast cornet- of 72nd Ave. W. and 212th St. S.W. The Planning Board unanimously approved the proposed concomitant agreement subject to the condi- tions listed in their findings of fact as follows: 1) the proposed zoning agreement provide for a binding site plan, approved by the Architectural Design Board (AUB); 2) the ADB should specifi- cally look into the amount: of parking that is proposed to insure that it is adequate; 3) the proposed zoning agreement include provisions for posting adequate maintenance bonds and compli- ance with all land use standards of the City of Edmonds. Ms. Block said Staff recommends that the Council accept the Planning Board's recommendation re- garding the concomitant zoning agreement in the anticipation of officially zoning the subject property upon annexation. Ms. Block said a process and timetable for review of tine concomitant zoning and ADB issues were established and included in the Council packets.. However, there was one modification to the schedule. On February 24, 1987, the Community Services Committee reviewed the proposal by Edmonds Associ- ates to annex to the City and to build a warehouse facility located at the corner of 212th St. S.W. and 72nd Ave. W.. To insure that the project will be compatible with the City upon annexa- tion, it is subject to ADB review, as well as all of the City's review processes. The concomitant zoning agreement includes annexing to the City under the City's general commrter- cial zoning category subject to the following modifications: 1) allow outdoor storage as a per- mitted use; 2) subject to ADB review; 3) allow a nine foot fence as a permitted use; 4) grading work allowed under the standards of Snohomish County. Ms. Block noted that a second public hearing on annexation is scheduled before tyre Council in the near future. Ms. Block said City Engineer Bob Alberts received a traffic study from the applicant. Mr. Alberts reviewed a Trip Generation Summary with the Council as followq : the average weekday traffic will consist of 108 vehicles accessing the site and 108 exiting the site. Approximately 10 trucks will access the site on a daily basis. The majority of the trucks will access the site during morning hours only. Councilmember Nordquist inquired if the average weekday traffic included employee traffic. Mr. Alberts replied affirmatively. Councilmember Nordquist inquired if trucks will park on site overnight. Mr. Alberts replied affirmatively. Mr. Alberts reviewed a diagram on the overhead projector of access points in and out of the site. An entrance way is proposed on 212th St. S.W., as well as a two-way entrance on 72nd Ave. W. Mr. Alberts noted that the State objects to the two-way entrance and has recommended that it be an exit only. Councilmember Kasper inquired if the entrance will be built to include the option of two=way traffic in the future if necessary. Mr. Alberts replied affirmatively. ' Mr. Alberts then reviewed a Site Traffic and Distribution graph. He noted that 60% of the traf- fic generated by the project will emanate from 220th St; 7% from 212th St. S.W.; 18% from the north; 8% front Edmonds; and 7% from Seattle. Mr. Alberts reported that approximately: 32,000 vehicles travel on SR 99; 3,200 travel on 72nd Ave; and 11,000 travel on 212th Street on a daily basis. Councilmember Kasper inquired about the contribution by the developer of the apartment complex for the traffic light on 216th St. Ms. Block said the developer agreed to participate up to one-third of the cost, or $33,000 for a traffic signal on 216th St. at such time as the hospi- tal and Blue Cross made major improvements. Councilmember Kasper noted that the hospital has expanded considerably and Blue Cross is under construction. Ms. Block said the hospital expan- sion is not to the extent that was previously discussed. Councilmember Nordquist expressed concern regarding left turns westbound off of 212th St. S.W. into the site because of the narrowness of the road. Mr. Alberts said the original access point on 212th St. S.W. was a one-way entrance and an exit on 72nd Ave. W. However, the traffic engineer for Edmonds Associates felt that access on 212th St. S.W. was better. Councilmember Nordquist recommended that vehicles exiting the site desiring to access the freeway travel east on 216th to 68th rather than utilize 220th St. Councilmember Kasper recommended: 1) that all access points to the site have the option of ei- ther one-way or two-way access; 2) that the developer be required to participate in the cost of the traffic signal at 216th St. Mr. Alberts said that a traffic signal will be installed on 72nd Ave. W. in the future. A traffic report for the College Place area will be, submitted to the Conmmunity Services Committee in April, and the overall impact of the area will be discussed at that time. Councilmember Nordquist inquired if the developer will be required to contribute to both traffic signals. Mr. Alberts said because the volume of traffic that will be generated by the project is so minimal he was unsure. Councilmember Kasper noted that the street behind Standard Brand Paints was in need of improve- ments. Because the site plan was difficult to read, Councilmember Kasper inquired if the site plan depicted the actual grades. Ms. Block said a substantial amount of grading will be done on site. Councilmember Kasper inquired about the height of the rockery. Ms. Block said the project will be reviewed by the ADB on April 1, 1987, and she would provide that information to him upon receipt of it. Councilmember Jaech inquired about the proximity of Madison Aldercrest retirement/nursing home center to the project. Ms. Block said the center was cater -corner across 72nd Ave. W. to EDMONDS CITY COUNCIL MINUTES Page 2 MARCH 31, 1987 the project. Councilmember Jaech expressed concern regarding the impact of traffic to the nurs- ing home if the traffic pattern is rerouted. She said she wanted to insure that the traffic will not endanger the residents of the nursing home. Mr. Alberts said the large trucks that would be of concern will access the site after 7 a.m. and will also leave the site during morning hours. Councilmember Jaech inquired if the nursing home has been apprised of the proposed development. Ms. Block said notices of the proposed development have been posted and property owners have been notified of the AUB hearings and preannexation zoning. Mr. Alberts said Staff has not contact- ed the nursing home. Councilmember Jaech recommended that the management of the nursing home be - informed of the scheduled hearings. Councilmember Ostrom inquired if only the parcel that the proposed project will be developed on will be annexed or if the entire parcel up to Aurora will be annexed. Ms. Block said only the parcel that is indicated on Exhibit 3 will be annexed. Councilmember Ostrom inquired if discus- sions have taken place regarding annexing the remainder of the parcel. Ms. Block replied affirma- tively. City Attorney Scott Snyder rioted that an addendum was drafted to the agreement to permit the City to use the petition to be filed in conjunction with other annexations if they arise. Councilmember Ostrom inquired if the remaining parcel will be annexed in the future. Ms. Block said the Toyota dealer has resisted annexation in the past. She said Staff is willing to ap- proach Mr. Belt, who owns the property immediately adjacent to Highway 99 south of the Toyota dealer. Councilmember Jaech inquired if the actual development of the site was an issue before the Coun- cil at the present time. Ms. Block replied negatively. She said the Council was only reviewing preannexation zoning and the concomitant agreement. Mr. Snyder noted that the City is required to hold two hearings thirty days apart for a concomi- tant zoning agreement. The final hearing and decision will be made in conjunction with the annex- ation proposal. Councilmember Jaech inquired about the amount of revenue the project will generate for tine City. Mayor Naughten opened the public portion of the hearing. Robert Heller, attorney representing Allied Building Products, 1001 Fourth Avenue Building, Seat- tle, said the development will be largely a wholesale operation. The majority of customers will be contractors who hold a State contractor's license. The contractor, Ire said, does not pay sales tax on items purchased from Allied Building Products at the time of sale, but sales tax will be paid to the city in which the development is being constructed. Retail sales of equip- ment, i.e., hammers, roofing material, application vats, are sales taxable. Mr. Heller said sales tax of retail items totalled $153,000 at the Seattle outlet last year, and it is expected that revenue from sales tax will increase from that amount in Edmonds. The cash sales from buy- ers not holding a license totalled $1,000,000, and it is estimated that 15 to 20% of that amount is retail sales. Mr. Heller reminded the Council that the parcel that the project will be devel- oped on will increase the revenue to the City via property taxes. Mr. Heller said the parcel of land that the project is proposed to be developed on has been for sale many times in the past but has never been purchased because utilities were not available on site. He said if the zoning agreement is not approved, other uses for the site without utilities can be made, i.e., open storage such as a used car lot, vehicles sales and storage, boat sales, or a mobile home lot. Mr. Heller said those uses would not be in the best interest of the neigh- borhood or the City. The proposed project will provide a substantial real estate tax revenue, sales tax increment, and will be subject to Edmonds standards. Councilmember Jaech inquired if the property was held in a probate estate or trust estate. Mr. Heller said the property was privately owned. Councilmember Ostrom inquired why a nine foot fence was proposed. Ed Rieff, Corporate Construc- tion Manager, said other outlets secure the property with dogs contained by a 10 foot fence. Because a ten foot fence is not allowed in the City, dogs cannot be utilized so all eight foot fence is proposed to deter the theft of items that will be stored outdoors. Councilmember Nordquist inquired if the Seattle outlet was similar in appearance to the proposed development. Mr. Rieff replied negatively. Council ember Ostrom inquired if Council action was necessary that evening. Mayor Naughten re- plied negatively. Councilmember Kasper requested that a report of anticipated sales tax revenue that will be gener- ated from the project to the City be submitted to the Council. EDMONDS CITY COUNCIL MINUTES Page 3 MARCH 31, 1987 Mr. Snyder said when the project is before the Council again,'a recommendation of the Planning Board and ADB regarding the site plan will be available. The Council will then be in a position to approve the concomitant zoning agreement with changes, approve the site plan, and make a deci- sion whether or not to proceed with annexation immediately or at some future date. Mr. Snyder recommended that the Cbuncil make any suggestions or comments it may have at that time because the applicant will be looking for a decision from the Council when the project is reviewed a second time in May. Mayor Naughten closed the public portion of the hearing. MAYOR Mayor Naughten recommended that discussions regarding review of the design contract for secondary sewer treatment, acceptance of the agreement with the Department of Ecology for grant monies, and authorization to advertise for proposals for Value Engineering be discussed at the May 12 work meeting. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO RECONSIDER THE ABOVE -MENTIONED ITEMS ON MAY 12, 1987. Councilmember Kasper said he felt many -of the questions that the Council had could be answered in the interim. lie said he was very interested in the attitudes of the other agencies because he did not feel they were being realistic regarding secondary sewer treatment. Councilmember Jaech recommended that the Council make a decision on May 12 regarding the level of involvement of the other jurisdictions. Councilmember Ostrom inquired if the aforementioned items could be discussed prior to May 12. Mr. Alberts said the agreements regarding the grant monies must be fully executed by July 1. lie noted the agreement with CWC-HDR does not have to be signed to approve the grant. Mayor Naughten recommended that those items be discussed on May 12 because that was the only available time. Councilmember Jaech recommended that the work meeting on April 14 be totally devoted to discuss- ing secondary sewer treatment and that the items scheduled for discussion that evening be resched- uled to April 21"or April 28. Councilmember Ostrom recommended that the three items regarding secondary sewer be scheduled on April 1.4 and that a decision be made on April 21. * COUNCILMEMBER KASPER MOVED TO AMEND THE MOTION 10 SCHEDULE THE THREE ITEMS FOR DISCUSSION ON APRIL 14, AS WELL AS THE METRO SEWER SWAP PROPOSAL, AND ADJUST THE APRIL 14 AGENDA ACCORDINGLY. THE SECONDER AGREED. MOTION CARRIED. Mayor Naughten announced that a liquor license for Taster's Chinese Restaurant on 2nd Avenue South was pending and approval would be granted if no objection was noted. No objected was noted. Mayor Naughten recommended that discussions regarding the Visitor's Center 1987 contribution be scheduled on May 12. Mayor Naughten noted that the railroad show at the Francis Anderson Center attracted over 1800 people. COUNCIL COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT MAYOR NAUGHTEN CONVEY TO CONGRESSMAN MILLER AND SENATORS EVANS AND ADAMS THE CITY'S STRONG OPPOSITION TO THE PROPOSED POST OFFICE BRANCH IN PERRINVILLE AND REQUEST THEM TO INTERVENE AND REQUIRE THAT THE POST OFFICE RE- MAIN IN DOWNTOWN EDMONDS. Councilmember Hall attributed the dilemma of the location of the post office to lack of plan- ning. She noted that she cautioned the City in the past regarding the status of Perrinville. She recommended that better planning be conducted in the future not only for Perrinville but the entire City. MOTION CARRIED WITH COUNCILMEMBER DWYER ABSTAINING. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO RECONSIDER APPROVAL OF THE MARCH 17, 1987 MINUTES. MOTION CARRIED. *See Council Minutes of April 7, 1987 EDMONDS CITY COUNCIL MINUTES Page 4 MARCH 31, 1987 [1 1 Councilmember Hall requested reconsideration of the March 17, 1987 minutes. Councilmember Hall noted the following corrections: she said Mr. Gunter's name was misspelled throughout the minutes; page 9, paragraph 9, add to the end of the first sentence, "nor was she aware that the sewer treatment plant operator had resigned"; page 10, paragraph 10, insert the words, "but not turn away projects" after the words, "Councilmember Hall recommended that CWC-NUR wait patiently". COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMF_MBER WILSON, TO APPROVE THE MINUTES AS AMENDED. MOTION CARRIED. Councilmember Ostrom said while he was recovering from surgery, he received his Council packet and had to put it aside because the laughing hurt so much while he was reading the minutes. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE COUNCILMEMBER OSTROM'S ABSENCE ON MARCH 17, 1987. MOTION CARRIED. Councilmember Kasper requested Staff to send Lois Anderson information regarding secondary sewer treatment and rate increases that was obtained from the consultant. Councilmember Kasper reported that he attended a Community Transit meeting in Vancouver, B.C. regarding the sky train operation. ile said Community Transit is eligible for $9 million in Feder- al grant monies for busses to increase commuter services. However, when the privatization lease expires, Community Transit may be required to retain those employees. Councilmember Nordquist reported that he attended the Westgate Committee meeting that afternoon. Jerry Lovell was elected Chairman. The Committee will meet again at the end of the month. The Committee will review the Comprehensive Plan of 1974 and will take a tour of the strip from High- way 99 to Olympic Properties and make recommendations to the Planning Commission. Councilmember Dwyer explained that his tardiness was because he was involved in a trial. He said he appreciated the Council's indulgence. Mayor Naughten noted that the Elderly Housing Committee will submit their recommendation to the Planning Board in the near future. . Councilmember Jaech requested Staff to sand the rough edges of the dais. Councilmember Jaech expressed concern regarding the proliferation of businesses not only from Westgate to downtown Edmonds but from Westgate to Highway 99. She recommended that that strip be analyzed to determine the zoning category that is desirable. Councilmember Nordquist said the Westgate Committee will be reviewing the area from Highway 99 to Olympic Properties because the County has no current plan for South County. Councilmember Jaech announced that a recommendation from the Administrative Services Committee regarding the retainer fees for the City Attorney will be submitted to the Council. She said the Committee also discussed the request to purchase new furniture for the Administration building. She expressed concern because funds were not budgeted for those items. The Committee, she said, recommended that surplus furniture in tine City be utilized. Councilmember Jaech said the City has discussed, for some time, a swap of tidelands off of Pantley's for a parcel at Brackett's Landing to obtain funds from the State for the expansion of the Brackett's Landing facilities in turn for expansion of the ferry pier for increased park- ing. Councilmember Jaech said she was not in favor of swapping property that was not capable of being built.upon. She recommended that discussions regarding that issue commence with the COUn- cil during a regular Council meeting. Mayor Naughten recalled that the Brackett's Landing con- cept was previously approved by the Council. He said extensive negotial:ions have already taken I place. lie requested clarification of the Council's position. Councilmember Jaech said she never voted in favor of swapping the tidelands off of Pantley's. Councilmember Ostrom said the Coun- cil concurred with the general concept of the Brackett's Landing development but not the swap with Pantley's. Councilmember Wilson said the Council must realize the ultimate benefits to the community as a result of that transaction. He said the citizens would benefit greatly be- cause the park will be doubled in size. Councilmember Wilson said he felt that the real concern of some of the Councilmember, was the ferry traffic and not tine swap of land. Mayor Naughten adjourned the meeting at 10:09 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUN- CILMEMBER OSTROM, TO EXTEND THE MEETING FOR FIVE MINUTES. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 5 MARCH 31, 1987 Councilmember Ostrom said the swap would not benefit the public because the parcel at Brackett's Landing was usable and accessible to the public at the present time whereas the tidelands was not buildable. Ile said he has always been in favor of the Brackett's Landing project, and the contention that Councilmembers have a hidden motive was absurd. Several Councilmembers recomiended that further discussions regarding the swap of tidelands commence during Council meetings and not during Executive Sessions. Councilmember Jaech requested the City Attorney to research the amendment to State law regarding the bequeathal of tidelands. Councilmember Hall expressed concern regarding the appearance of fairness doctrine. She said she understood that the owner of the property to be swapped was, at one time, a business partner of Mayor Naughten's. Mayor Naughten concurred. Mayor Naughten said he will not benefit from the swap, and the owner was not a majority partner. Councilmember Hall expressed concern that the sand accretion, which would create a more sandy beach at Brackett's Landing, will be impeded if the land swap is consummated. She noted that citizens have expressed concern that the view of the parking lot•may be obscured. Mayor Naughten recommended that the discussion regarding the land swap continue next week. Councilmember Kasper reported that [louse Bill 929 provides for mandatory sewer hook up, as in the Meadowdale area where a problem has existed because a number of homeowners refuse to hook up to the sewers. Councilmember [fall noted that Senate Bill 5801, if passed, will impact the City because certain City employees may claim congenital illnesses as job -related infirmities under that Bill. She recommended that the legislature be contacted to lobby for non passage of that Bill. City Engineer Bob Alberts inquired if the Council desired Attorney Bob Gunter's presence during secondary sewer treatment discussions at Council meetings. The Council chose to make that deci- sion at a later date. The meeting adjourned at 10:18 p.m. These minutes are subject to April 7, 1987 approval. 4/JACQdtLINE G. P RRETT, City Clerk LARRY S, NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 6 MARCH 31, 1987