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05/07/1991 City CouncilTHESE MINUTES SUBJECT TO MAY 21, 1991 APPROVAL EDMONDS CITY COUNCIL,MINUTES MAY 7, 1991 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 Larry Naughten, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Jack Wilson, Councilmember Ted Hunter, Student Representative STAFF Jeff Wilson, Current Planning Spvr. Dan Prinz, Police Chief Gordy Hyde, Engineering Coordinator Jim Walker, Hydraulics Engineer Arvilla Ohlde, Parks & Rec. Mgr. Peter Hahn, Comm. Svc. Director Bob Alberts, City Engineer Brent Hunter, Personnel Manager Robert Chave, Planning Div. Mgr. Greg Ramsland, Equipment Spvr. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten introduced the new Enterprise reporter, Diane Kirschner. She attended Meadowdale High School and graduated from Western Washington University. Also in attendance was Larry Dunn. Council President Palmer requested to discuss a legal matter during the executive session. Mayor Naughten said he would like to discuss a property matter. CONSENT AGENDA Items (B), (C), (D), (G), and (L) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY-COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (E) REJECTION OF BIDS OPENED APRIL 17, 1991 FOR TELEMETRY UPGRADE FOR LIFT STATIONS 3 AND 13 (F) AUTHORIZATION TO COMPLETE IMPROVEMENTS TO SIERRA PARK (H) REPORT ON BIDS OPENED APRIL 17, 1991 FOR WATERMAIN REPLACEMENT PROGRAM, AND AWARD OF CONTRACT TO GRANT CONSTRUCTION CO. ($169,876.60) (I) AUTHORIZATION TO START CONSULTANT SELECTION PROCESS FOR COMPREHENSIVE TRANSPORTATION �l.P.�- PLAN /j�',,., (J) AUTHORIZATION TO OBTAIN WRITTEN QUOTES TO PURCHASE AN ABOVE -GROUND WASTE OIL TANK ($3,000) (K) ADOPTED ORDINANCE 2831 AMENDING OFFICIAL STREET MAP TO ELIMINATE PORTION OF EXISTING o S A4 RIGHT-OF-WAY OF 8TH AVE. N., SOUTH OF HINDLEY LANE (ST-5-90/APPLICANT: CITY OF EDMONDS) �(M) AUTHORIZATION TO START CONSULTANT SELECTION PROCESS FOR GROWTH MANAGEMENT ACTIVITIES 1 - (N) AWARD OF BID FOR TWO PHOTOCOPIERS AND MAINTENANCE AND SUPPLY AGREEMENTS TO WILLIAM DIERICKX CO. ($23,535.39, INCLUDING SALES TAX) Carl" APPROVAL OF MINUTES OF APRIL 23, 1991 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Palmer said he removed the minutes from the Consent Agenda to abstain from voting on the minutes because he was not present at the April 23 Council meeting. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE MINUTES. MOTION CARRIED WITH COUNCILMEMBER PALMER ABSTAINING. AUTHORIZATION TO CALL FOR BIOS TO PURCHASE A SCOOTER FOR POLICE DEPARTMENT ($9,500) [ITEM (C) ON AUTHORIZATION TO CALL FOR BIDS TO REPLACE EXISTING BRUSH CHIPPER ($22;000) [ITEM (D) ON THE CONSENTAGENDA] COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO DISCUSS ITEMS (C) AND (D) AT THE END.OF THE REGULAR AGENDA. MOTION CARRIED. APPROVAL OF PUGET SOUND REGIONAL COUNCIL INTERLOCAL AGREEMENT ITEM (G) ON THE CONSENT AGENDA] COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DISCUSS ITEM (G) AT THE END OF THE REGULAR AGENDA. MOTION CARRIED. - PROPOSED ORDINANCE 2832 AMENDING OFFICIAL STREET MAP TO VACATE 25 FEET OF EXISTING 50 FOOT RIGHT-OF-WAY N PL. IN VICINITY OF 2 123 UEESON PL. -2-90 L I CANT: OSM CONSENT AGENDA] COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DISCUSS ITEM (L) AT THE END OF THE REGULAR AGENDA. MOTION CARRIED. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Mike Cooper, 820 Maple St., introduced Boy Scout Troop 312, who were in attendance to earn their citizenship merit badge. Rich Demeroutis, 921 Pine St., said he placed a sign on 9th Avenue protesting the Mayor's intent to run for office a third term. Mr. Demeroutis referred to the January 25, 1983 Council minutes in which the Council discussed and passed a motion to declare the mayor's position as a full-time position; that a person may hold the position for a maximum of two consecutive terms; that a person may have no other con- flicting major job; and that the M.A.A. position be abolished. Mr. Demeroutis noted that Mayor Naughten was a member of the Council at that time and had voted in favor of the motion. Mr. Demeroutis recalled that an ordinance was drafted by the City Attorney at that time, Wayne Tanaka, limiting the mayor's tenure to two terms. He said the City Attorney was well versed in municipal law and should have known whether or not the ordinance was constitutional. Mr. Demeroutis began to discuss a conversation he had had with Mayor Naughten recently. Mayor Naughten said although Mr. Demeroutis had a right to express his opinion, Mayor .Naughten did not agree with Mr. Demeroutis' recollection of their conversation. He requested Mr. Demeroutis to call him to discuss the issue further. Mr. Demeroutis insisted that he be allowed to continue his train of thought. Mr. Demeroutis noted that Mr. Tanaka was employed, and continues to be employed, by the same law firm as the existing City Attorney, Scott Snyder, and he felt there may be some conflict because the two attorneys' opinion differ with respect to the constitutionality of the 1983 ordinance. Mr. Demeroutis said the issue was not a political issue to him; it was a legal issue. Mayor Naughten invited Mr. Demeroutis to meet with him to discuss the issue. ADMINISTRATION OF OATHS TO SIX NEW POLICE OFFICERS Police Chief Dan Prinz stated that the police officers were subjected to, and passed, a rigorous examination process consisting of a physical test, written test, an oral board, background inves- tigation, psychological test, polygraph test, and interviews with the Chief Executive Officer. In addition, the officers completed the program at the Basic Police Academy and FDO Program. Chief Prinz introduced four of the police officers as follows: John Cameron - attended Everett Community College and Shoreline Community College. His previous job was a police officer for the City of Mill Creek. He is married and has a daughter. Linda Marshall - attended Everett Community College. Her previous job was a Police Explorer with the Everett Police Department and an intern as records clerk at the Snohomish Police Department. She is single. She was best overall at the Police Academy and best in firearms. She is the first female officer in the State to attain that achievement. EDMONDS CITY COUNCIL MINUTES May 7, 1991 Page 2 Michael Richardson - attended Shoreline Community College. His previous job was supervisor of the clerical staff at Swedish Hospital Medical Center Emergency Department. He is single. Mike Bower - attended Shoreline Community College. His previous job was Emergency Medical Techni- cian Driver for Shepard Ambulance. He is married. Mayor Naughten administered the oath of office to the four police officers. The other two offi- cers were unable to attend the Council meeting. HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PROPOSED REZONE AND COMPREHENSIVE PLAN AMEND- q_ap R-2-90 Councilmember Nordquist raised a point of order. He recommended that the Council consider the hearing the first of two hearings because there was voluminous material that was presented to them and he wanted to allow the Council an opportunity to review the material and consider it at the second hearing. Current Planning Supervisor Jeff Wilson reported that the Planning Board held public hearings on January 23, 1991 and February 13, 1991 on the proposed amendment to the Comprehensive Plan and rezone of approximately 5.5 acres west of Highway 99 and south of 220th Street Southwest to change the land use designation from high density residential (multifamily) to general commer- cial. The proposed amendment to the Comprehensive Plan and concurrent rezone application are part of a proposed 10.64 acre commercial development. Mr. Wilson said as part of the application materials, the applicant prepared a Draft and Final Environmental Impact Statement (EIS) to address the project's potential impacts on the environ- ment. The Final EIS for the project contains several mitigation measures to reduce and/or elimi- nate the potential impacts. Mr. Wilson said the applicant has incorporated the mitigation mea- sures that were identified in the Final EIS into the proposed rezone documents. Mr. Wilson said the Planning Board, after due consideration of the testimony recommended, by majority vote, approved both the amendment to the Comprehensive Plan and the concurrent contract rezone of the subject property. Mr. Wilson said it is the recommendation of Staff to adopt the Planning Board's Findings of Fact, Conclusions, and Recommendations for approval of file numbers CDC-2-90 and R-2-90, and direct the City Attorney to prepare the necessary ordinance. Mr. Wilson reviewed an aerial photograph of the site in question, noting that it is located on the northwest corner of 220th and SR-99. He said, the project site includes some of the residen- tial properties and multifamily properties to the -west. Mr. Wilson said the western portion of the site, which is 5.46 acres, is the area that is subject to the rezone from RM-2.4 to CG-2, and the remaining portion of the site, 5.18 acres, which fronts 220th and SR-99, is currently zoned CG. Mr. Wilson showed the Council the proposed site plan. Mr. Wilson said although the Planning Board recommended approval of the proposed amendment to the Comprehensive Plan and rezone request, they did so subject to the adoption of a contract rezone that has specific conditions related to the site design and specific mitigation measures. City Attorney Scott Snyder inquired if anyone in the audience objected to participation of any Councilmember in the hearing. No objection was stated. Councilmember Dwyer noted that proprietors of small medical clinics in the vicinity of the pro- posed project had voiced opposition to the rezone because there would be less land available for development of small medical clinics and less land available for parking for small medical clin- ics. Mr. Wilson noted that Stevens Osteopathic Clinic was concerned that the vacation of 218th and 219th would reduce the amount of on -street parking as overflow parking for that facility, as well as a potential reduction of parking on 76th. Councilmember Dwyer inquired if, under an RM-2.4 designation, the use of the parcel in question would allow medical clinics and, parking. City Attorney Snyder noted that Section 16.30.010(C) - Office uses, group homes, counseling cen- ters, hospitals, convalescent homes, and a number of other related uses, are primary uses with a conditional use permit in RM zones. Councilmember Hertrich inquired if the Planning Board made any recommendation or voiced any opin- ion with respect to traffic. Mr. Wilson said in response to the traffic concern by Stevens Osteo- pathic Clinic, the Planning Board was concerned about traffic impacts, with particular emphasis EDMONDS CITY COUNCIL MINUTES -May 7 , 1991 Page 3 on the effect of on -street parking on 76th. In response to that concern, he said the applicant proposed a deceleration lane on 220th Street, and the Planning Board incorporated that measure into their recommendation. Joel Gordon, 1011 Western Ave., Seattle, representing the Haggen family, the applicant, said the project has been in the review process for over one year and the applicant has worked extensively with Staff, and the project has received a favorable review from the Architectural Design Board and the Planning -Board. Mr. Gordon said the permit process started after five years of assem- bling the site and working extensively with surrounding property owners. Mr. Gordon requested that ten to fifteen minutes of the applicant's time be reserved to respond to any specific issues that may arise. He noted that the project team was present to answer any questions that the Council may have. Mr. Gordon said he believed the proposed project was the type of economic growth that Edmonds desires. He noted that the store is projected to generate $181,000 in sales tax for the City of Edmonds in its first year of operation and over $200,000 in ensuing years and it will create 240 to 250 new jobs. Mr. Gordon said the project is proposed to be located in the Highway 99 corri- dor, which is where Edmonds wants its businesses to expand so the City's tax base can increase without impacting the special character of the corridor of Edmonds and its neighborhoods. In addition, Top Foods is compatible with the City's adopted Highway 99 goals. Mr. Gordon emphasized that the Council need not be concerned that the use will change in the future because the applicant has proposed a contract rezone, which will give the City control over current aspects of the project as well as control over future use of the project. Mr. Gordon believed the project site was the best place in the City to locate Top Foods because: 1) the development will have no adverse impact on downtown Edmonds or to single family neighbor- hoods; and 2) it offers the best possible access because it is proposed to be located at the intersection of a major north/south and east/west arterial, which actually reduces the amount of traffic impact by taking advantage of existing traffic. Mr. Gordon said the project EIS evaluated all other commercial areas in the City and concluded that there were no other sites within the City of Edmonds with better access or as good of an opportunity to use the topography to buffer adjacent residential zoning and uses. He said the environmental impacts were extensively studied, and detailed conditions were proposed to address traffic issues, noise issues, and storm drainage. Mr. Gordon noted that the EIS concluded that the rezone would not increase any impacts over what the City expected would occur if the site were built out fully under the existing zoning designations. In response to an earlier concern by Councilmember Hertrich, Mr. Gordon said the deceleration lane that was proposed along 220th was based 'upon a suggestion of the Planning Board.. In response to an earlier concern by Councilmember Dwyer, Mr. Gordon said the concern of the doctor regarding additional land for a medical clinic was resolved by making available some of the applicant's surplus property to him. Mr. Gordon said there is approximately 176 acres of privately -held land within a half mile of the proposed project in locations adjacent to the medical clinics that is zoned RM-2.4 that would be available to serve medical clinics if someone were to apply for a conditional use permit. He indicated the area that would permit the development of medical clinics on a vicinity map. Mr. Gordon submitted the vicinity map to the City Clerk (marked Exhibit 1). Don Haggen, applicant and Chairman of Haggen Foods, said the company was established by his par- ents in 1934 and is currently owned by him and his brother. He said the family has conducted business in Snohomish County since 1962. Mr. Haggen said a census of Top Foods shoppers was conducted at the Everett store and revealed that over 300 Edmonds residents shopped at that location over a 2 to 3 week period. Mr. Haggen noted that 1% of business profits are donated to local charities. He said monies were donated to Edmonds Historical Society, to the local Boy Scouts, PTA, and a number of other organ- izations. Mr. Haggen said the proposed site was identified as one that would accommodate the City well because it would not disrupt the character of the community. EDMONDS CITY COUNCIL MINUTES may, 7 f 199-1 "' P4qe 4 Mr. Haggen said the project team has worked very diligently to mitigate the problems that the project may have on the area, and they have also worked with the surrounding neighbors to address their concerns. Mr. Haggen asked the Council to approve the amendment to the Comprehensive Plan and the concur- rent contract rezone of the subject property. Kurt Gonberg, Traffic Engineer, Transpo, 14715 Bel -Red Rd., Suite 100, Bellevue, said the firm specializes in traffic studies for retail and office uses. Mr. Gonberg said in an attempt to design access for the site that would minimize impacts to the surrounding street system and provide the most flexible site access, a recommendation was made by the traffic engineers to provide two driveways on each frontage (Highway 99 and 220th Street Southwest) and to maximize the length of the driveway throats, where possible, to provide as much waiting space as possible exiting the site without interfering with traffic operations on site. Mr. Gonberg said a comprehensive traffic study was conducted at the intersection which documented current and future conditions with and without. the project from a level of service standpoint. Also identified were mitigating measures, some of which were already being planned by the City of Edmonds or State Department of Transportation, but others were identified that would relate spe- cifically to the project's potential impacts and were proposed for implementation as part of the contract rezone. As mitigating measures, Mr. Gonberg said the frontage along Highway 99 was proposed to be widened to accommodate the already -planned 7 lane widening of the Highway. There was also a proposal to continue the 5 lane section along 220th Street Southwest which exists at the intersection and extend it through the project site frontage and provide a•two-way, left -turn lane along the en- tire site frontage, as well as a deceleration lane westbound into the site from the main driveway on 220th. Mr. Gonberg said the developer was willing to pay for the cost of an acceleration lane to help process outbound traffic if the traffic engineers suggested that that was reasonable, but Mr. Gonberg said he recommended against an acceleration lane. Mr. Gonberg said because the traffic signal at 76th and 220th was identified as one which, with the project traffic, would need to be improved, an interim improvement was proposed that could be placed fairly easily that would work in a manner that would actually be better than exists. Mr. Gonberg said the final mitigating measures that were identified were to fund the computerized signal along both 220th and Highway 99 and fund the Transportation Improvement Program Fund to assist completing the SR-99/216th traffic signal. Councilmember Wilson inquired about the recommendation against the acceleration lane and about the delivery truck route into the site. Mr. Gonberg said he recommended against an acceleration lane because: 1) it would direct vehicles that are exiting the westerly driveway to accelerate through the driveway and, secondly, the right turn level of service outbound from the easterly driveway was calculated to be very good. In addition, he said a bus stop is planned between the two driveways, and the acceleration lane would'•:disrupt bus service. With respect to delivery trucks, Mr. Gonberg said the northerly driveway on SR-99 and the westerly driveway on 220th were designated as the service vehicle entrances, which would maximize the amount of separation be- tween service vehicles and normal site traffic, causing those movements to occur as far away from the 220th and SR-99 intersection as possible. Councilmember Nordquist was concerned about service vehicles interrupting regular traffic and the bus service because of the location of the north/south loading docks. Mr. Gonberg said the bus will only stop at the bus stop on the average of once an hour so the engineers did not view that potential conflict as significant. He said the schedule of service vehicles will be during morn- ing hours to avoid peak period traffic. Mr. Gonberg noted that several docks are proposed to be located in the back of the building which can accommodate three service vehicles at one time. He said the site was specifically designed so service vehicles could enter the site and go back to the loading docks and exit the site without having to turn around or maneuver on the site. In response to Councilmember Hertrich, Mr. Gonberg said there would be stacking for 4 to 5 vehi- cles exiting the site. He noted that two driveways along each frontage were proposed to provide a relief valve for exiting traffic. Councilmember Hertrich inquired about stacking for traffic entering the site. Mr. Gonberg said there would be actual storage distance for 12 to 13 vehi- cles. Councilmember Hertrich inquired about the number of cars that could proceed through the intersection at SR-99 and 22.0th. Mr. Gonberg said the level of service analysis for the EDMONDS CITY COUNCIL MINUTES 'May 7, 1991 - Page 5 intersection determined that the intersection would continue to operate with or without the project at a level of service.of "E" or "F". Mr. Gonberg said he did not believe the left turn pocket would do anything other than clear each signal on'the average. Councilmember Hertrich inquired about traffic exiting the site in a northerly fashion. Mr. Gonberg said the left turn out of the driveway would experience service delays during peak hours (level of service "F"), but the left turn out of the westerly driveway would operate at a level of service "E". Councilmem- ber Hertrich inquired how vehicles could exit the site that wished to travel north. Mr. Gonberg said vehicles could either travel west on 220th to 76th and then head north on 76th, travel west on 220th to 76th and then to 224th, or turn left onto SR-99. Councilmember Kasper noted that Community Transit is in the process of reevaluating service for South County. Also under consideration was high capacity transit at Melody Hill School. He inquired if the applicant owned any land further west. Mr. Gordon said the applicant owned all of the property that fronts 220th except the corner lot. Councilmember Kasper was interested in securing deeds for expansion of the roadway in the future because he believed the area would become the primary access for all public transit into the City. In response to Councilmember Kasper's concern regarding the already -congested streets of 220th and 76th, Mr. Gonberg said the applicant has proposed an improvement that would provide some relief to capacity in the interim between the present time and the time at which the five laning of 220th will occur. He said changes were suggested on the north and south legs at 76th, which would provide the ability to have an exclusive left -turn lane with an exclusive phase in a full phase operation. Mr. Gordon said the applicant was willing to commit.. the necessary right-of-way when the City constructed a sixth lane. Councilmember Kasper inquired if the proposal took into consideration the impact to the area that would occur when Stevens Memorial Hospital is expanded. Mr. Gonberg said he was not aware of expansion to the hospital. He explained that the analysis for the proposed project was initiated roughly a year ago, and all known development projects were identified at that time and were taken into consideration. Councilmember Jaech was concerned about the impact to 220th Street by service vehicles for the proposed project, Albertson's and Olson's. Mr. Gordon said Haggen Foods is supplied by a differ- ent major supplier than Albertson's and Olson's. He did not anticipate that there would be circu- lation of semi -trucks between the grocery stores. Councilmember Hertrich noted that there is no access to the site from 218th and 219th and no northbound access. He inquired where access would have been provided if the developer had not purchased the cross parcel and had not requested the rezone. He inquired if the same proposal could have been pursued and if northbound access would have to have been provided. Councilmember Palmer raised a point of order. He said Councilmember Hertrich's questions were irrelevant to the proposal before the Council because they were hypothetical. Mayor Naughten believed Councilmember Hertrich was directional in his questioning, and he allowed the questions to be answered. Mr. Gordon said the EIS indicated that the proposed development would not have any greater impact than if the site developed fully under existing zoning because the site could be developed with the existing depth of commercial zoning as a strip commercial site with the same amount of square footage that is indicated for the proposed development on the front five acres with less parking, but meeting Code requirements for parking, and would generate almost as much traffic as what is proposed for the entire site. In addition, the back five acres could be developed under multifam- ily zoning or with additional office and medical clinics. Mr. Gordon said access to the proposed development was not designed from 218th and 219th in an effort to limit the amount of traffic through the residential area. Mayor Naughten opened the public portion of the hearing. Mike Cooper intended to speak during the public portion of the hearing. Councilmember Palmer noted that Mr. Cooper was a member of the Planning Board. He inquired if it was appropriate to hear additional testimony from Mr. Cooper. City Attorney Snyder said Mr. Cooper could, depending on the nature of his remarks, be forfeiting his ability to sit as a member of the Planning Board but as a citizen and property owner, he had a right to testify. Mr. Cooper said he would be expressing his personal opinions and not necessarily those of the Planning Board. Mike Cooper, 820 Maple St., said he voted against the proposal at the Planning Board level be- cause he did not feel traffic had been adequately mitigated in the EIS proposal. He believed the project was a good one and that it belonged in Edmonds, but he had concerns about conflicting reports from traffic engineers. EDMONDS CITY COUNCIL MINUTES May 7 , 1991 ' " P-4ge 6 Dick Van Hollebeke, 580 Hemlock Way, said he was very supportive of controlling the growth of the City in a responsible manner. He believed the proposal offered solutions to some of the issues the Council has raised, i.e., increasing the City's tax base, controlling and managing growth, and discouraging adult entertainment. Mr. Van Hollebeke-strongly supported the proposal. Mary Zavaglia, 11300 Eagle Ln., asked the Council to vote in favor of the rezone request to allow Top Foods to join the community. She noted that the proposed project, through its 1% contribu- tion of profits to charitable organizations, would contribute $60,000 per year. In addition, Top Foods would create 50 to 70 part-time jobs, and she`felt it was important that teenagers have an opportunity to work on a part-time basis to help defray their college expenses. Bob Wilcox, 612 - 9th Ave. N., said Haggen Foods was a client of the firm that he worked for. He said the family was very concerned about their customers and the community in which they do busi- ness. He said the proposed project would be a welcomed addition to the community, and he felt the City of Edmonds should be asking them to locate in Edmonds rather than the applicant request- ing to. K. Silver, 848 Maple St., said she was a water quality advocate and the first Vice -President of the Seattle Chapter of the Walton League, as well as a member of the Brackett's Landing Founda- tion. Ms. Silver hoped the biofiltration swail that was proposed for the project was longer than 20 feet. She noted that the University of Washington recommends a 200 foot minimum length. Mary Storm, 93rd W., said her children attend Westgate Elementary School, and she was concerned about the truck traffic going up from 9th Avenue to the Highway. She said it is hazardous for her children to walk along 220th because of the poor condition of the roadway. In response to Ms. Silver, Mr. Gordon noted that the swail for the proposed project would be 200 feet in length and not 20 feet. He said the EIS specifically addressed the water quality issue. He noted that the runoff from the proposed development represented a small portion of the water- shed, and there was not a significant risk to Lake Ballinger as a result of the proposed project. Mr. Gordon said the development team has worked very hard over the last year to be responsive to all questions. He urged the Council to raise any issues that remained unanswered while the team was available to answer them. Mr. Gordon respectfully requested the Council to approve the contract rezone and accept the pro- posal. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO CONTINUE THE HEARING TO MAY 21, 1991. Councilmember Kasper said he did not want to delay the project, but they had been provided with a lot of material to review and he felt the Council needed time to review it. MOTION CARRIED WITH COUNCILMEMBER DWYER OPPOSED. The meeting recessed at 9 p.m. and reconvened at 9:10 p.m. SECOND HEARING ON PLANNING BOARD RECOMMENDATION REGARDING PREANNEXATION ZONING FOR AREA LOCATED Current Planning Supervisor Jeff Wilson said the proposal before the Council was the adoption of the final annexation ordinance and BN zoning for the area located between 97th Avenue West and 98th Avenue West on Edmonds Way. Mr. Wilson reported that the City Council met on March .20, 1990 with the proponents of the sub- ject annexation and passed a motion to: 1) accept the proposed annexation; 2) adopt simultaneous zoning regulations; and 3) require assumption of indebtedness. Mr. Wilson said the Planning Board held a hearing on September 26, 1990 on pre -annexation zoning for the proposed annexation area and after consideration of all the testimony, adopted a motion to recommend approval of pre -annexation zoning for the area as BN. EDMONDS CITY COUNCIL MINUTES May -7, 1991 Page 7 Mr. Wilson said the City Council held a hearing on the Planning Board's recommendation regarding preannexation zoning for the proposed annexation area and, by motion; adopted the Planning Board's recommendation. Mr. Wilson noted that petitions for the proposed annexation were circulated in the proposed annex- ation area. After receiving the necessary signatures, the annexation request was submitted to the Boundary Review Board for Snohomish County (BRB) for approval. On March 26, 1991, the City received formal approval of the proposed annexation from the BRB, subject to the adoption of the final annexation ordinance by the City. Mr. Wilson said it is the recommendation of Staff to adopt the final annexation ordinance and BN zoning for the proposed annexation as prepared by the City Attorney. Mr. Wilson indicated the area proposed for annexation on a vicinity map. Mayor Naughten opened the public portion of the hearing. No public input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT FINAL ANNEXATION ORDI- NANCE 2832 AND BN ZONING FOR THE PROPOSED ANNEXATION AS PREPARED BY THE CITY ATTORNEY. MOTION CARRIED. MEET WITH PETITIONERS FOR PROPOSED 'ANNEXATION OF PROPERTY LOCATED AT 220TH ST. S.W. 92ND AVE. Current Planning Supervisor Jeff Wilson said the proponents of the proposed annexation have sub- mitted an intent to annex petition which represents approximately 36% of the assessed valuation of the area requested to be annexed. The proposed annexation area is located in the northwest corner of 220th Street Southwest and 92nd Avenue West. Mr. Wilson said the primary focus of the initiating parties for the annexation was to obtain the ability to connect to the sanitary sewer system to resolve the worsening conditions related to the existing sewage drain fields. He noted that several of the properties currently have drain fields that are failing. Mr. Wilson said the proposed annexation is within the contemplated Urban Growth Area for the City of Edmonds and would square off an existing irregular boundary. The area requested to be annexed is currently developed with single family residences and is zoned for low density residential. Mr. Wilson said it is the recommendation of Staff to: 1) accept the boundaries of the annexation area as proposed by the proponent; 2) the annexation should be subject to the bonded indebtedness of the City; and 3) the Planning Board should hold a public hearing to adopt a recommendation for the zoning and Comprehensive Plan designation for the annexation area. Mr. Wilson indicated the area proposed for annexation on a vicinity map. Mayor Naughten opened the public portion of the hearing. Kay Johnson, 93rd W., said it was important that residents of the area obtain the ability to connect to the sanitary sewer system because several families have had to relocate their drain fields, several families are in need of relocating their drain fields, and one family cannot use their washing machine. She said there are many families that are experiencing unsanitary condi- tions on their properties. Tess Peterson, 93rd W., was concerned that traffic that would be generated from the Top Foods proposal would only exacerbate the existing drain problem. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO: 1) ACCEPT THE BOUNDARIES OF THE ANNEXATION AREA AS PROPOSED BY THE PROPONENT; 2) SUBJECT THE ANNEXATION TO THE BONDED INDEBTED- NESS OF THE CITY; AND 3) SCHEDULE A PUBLIC HEARING BEFORE THE PLANNING BOARD TO ADOPT A RECOMMEN- DATION FOR THE ZONING AND COMPREHENSIVE PLAN DESIGNATION FOR THE ANNEXATION AREA. MOTION CARRIED. CONTINUED DISCUSSION ON YOST POOL Community Services Director Peter Hahn noted that Parks & Recreation Manager Arvilla Ohlde pre- pared a memorandum summarizing all of the issues that were raised by the Council on March 26 (included in the Council packet). He said City Engineer Bob Alberts, Ms. Ohlde and he reviewed EDMONDS CITY COUNCIL MINUTES M4y 7, 1991 Page 8 the issues and visited the site. Also included in the Council packets was a refinement of the revenue and expenditure projections. Mr. Hahn said the next step would be to authorize the design of an inflatable bubble by the Engi- neering Division and approve an amendment to Bill Goerlich's contract for providing design assis- tance to Engineering as needed on an hourly basis up to a limit of $15,000. Mr. Hahn said it is the recommendation of Staff to initiate project design phase. At the request of Councilmember Hertrich, Mr. Hahn reviewed the summary of Pool Operations and Maintenance Costs that was included in the Council packets. Mr. Hahn said the debt service payment of $20,000 for the bond issue will no longer exist after 1991. He said the Council could make a policy decision to allocate those funds to the 0 & M `costs when the debt service payment ends. Councilmember Wilson emphasized that the $20,000 was not revenue; that citizens of Edmonds who voted for the bond issue had every feeling that it would be retired when the debt service payment ended. Councilmember Wilson was doubtful that the 0 & M costs were realistic. He inquired if Staff really believed that the pool could be operated as projected. Mr. Hahn replied, "What we did on the revenues is that in the most optimistic one, we extrapolated it so that we would get the same .revenue for 12 months that we would get --same monthly revenue that we would get during the present summer operation. That's the most optimistic scenario. For the time that it operates, your revenue would basically be about the same. Our low revenue estimate, which was the first one we provided you earlier, which is column "A"-- We had said that we would get $80,000-- Well, when you look at that, that's $80,000 in 12 months versus 57 in 4 months so that seems, perhaps, a little low. I mean, you're open 3 times as long but your revenue goes up about 50%. So that's why we had the other scenarios where we had the revenue go up to 120, 180. But you're right. It's all a guess. I mean, I don't think Arvilla or I can guarantee one way or another what it's 'going to be". Councilmember Wilson observed that the 0 & M costs have changed each time Staff presented a summa- ry to the Council. He said he got a little nervous when the Council was presented with a summary because "they obviously don't mean anything". Councilmember-Wilson requested Staff to provide the Council with 0 & M costs for the Lynnwood .pool . Councilmember Hertrich inquired if the Council was interested in hearing information that Dick Van Hollebeke could provide. Councilmember Palmer replied negatively. Councilmember Dwyer re- called that Councilmember Palmer had vilified Councilmember Hertrich in the recent past for Coun- cilmember Hertrich being unreceptive to obtaining more information. Councilmember Dwyer said Councilmember Palmer should be consistent in his thinking and obtain more information when it is available. Councilmember Palmer noted that Mr. Van Hollebeke has provided information to the Council on numerous occasions, and he believed Mr. Hollebeke should have provided information to the Council in advance if Mr. Van Hollebeke wished the Council to consider it. Councilmember Palmer said the Council was being presented time and again with smoke and mirrors. Councilmember Palmer said he would be willing to review additional information that Mr. Van Hollebeke had to offer, but he thought it was inappropriate to open a public hearing every time the Council dis- cussed the issue. -Councilmember Dwyer inquired if Staff's recommendation included authorizing Staff to proceed in house with the design and authorizing Staff to proceed to the Architectural Design Board for design approval. Mr. Hahn replied affirmatively. He also said an extension to Mr. Goerlich's contract was necessary to allow Staff to avail themselves of his service on an hourly basis. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH FOR DISCUSSION, TO INITIATE PROJECT DESIGN PHASE. Councilmember Kasper said he would vote against the motion because the Council had not obtained information regarding the type of facility to be constructed or the costs associated with it. COUNCILMEMBER DWYER WITHDREW THE MOTION (recognizing the motion would not receive a majority vote to pass it). COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO ALLOW MR. VAN HOLLEBEKE THREE MINUTES TO MAKE A PRESENTATION. MOTION CARRIED WITH COUNCILMEMBER WILSON OPPOSED. Dick Van Hollebeke, 580 Hemlock Way, noted that Staff's calculation of revenue for Yost Pool was derived from the comparable month -to -month analysis of the Lynnwood Pool. In addition, he said the Lynnwood pool operates on approximately a 75% pay back level. EDMONDS CITY COUNCIL MINUTES May `7, 1991 Page 9 With respect to handicapped provisions, Mr. Van Hollebeke said he has a written commitment for $10,000 of private money to provide additional handicapped access. Councilmember Palmer said he has heard that the $10,000 would be available whether or not the pool is covered. Mr. Van Hollebeke concurred. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON. TO FINANCE THE POOL COVER VIA A BOND ISSUE. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER PALMER AND COUNCILMEM- BER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HERTRICH, COUNCILMEMBER KASPER AND COUN- CILMEMBER NORDQUIST OPPOSED; COUNCILMEMBER JAECH ABSTAINED. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXTEND THE MEETING. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DISCUSS THE ISSUE ON MAY 28, 1991. Councilmember Kasper suggested that the issue also be reviewed at next week's Community Services Committee meeting. He requested the Finance Committee to review the status of the 125 Fund. Mayor Naughten noted that he received a letter from Mrs. Chet Bennett in support of the project. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST OPPOSED. DISCUSSION REGARDING MAYOR'S POSITION AND MAYOR'S SALARY FOR 1992 - 1996 TERM T�� Mayor Naughten noted that Edmonds has an unwritten policy to select seven cities for salary com- ���parisons and set its salary ranges at the average salary. He said the Mayor's position has all of the responsibilities of the Chief Executive Officer of the City, and he believed the Mayor's salary should be no less than the people the Mayor supervises. He thought the City of Everett has a realistic policy, which is set at $100 above the highest paid employee. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO DISCUSS THE ISSUE FURTHER ON MAY 28, 1991. COUNCILMEMBER PALMER MOVED TO AMEND THE MOTION TO DISCUSS THE ISSUE AT THE COUNCIL RETREAT. THE MOTION TO AMEND FAILED FOR LACK OF A SECOND. Mayor Naughten inquired why Councilmember Kasper wished to discuss the issue at a later time. Councilmember Kasper said he did not see any justification for increasing the Mayor's salary, especially when considering that his salary was increased by 31% last year above his original salary, and he wished to discuss the issue when the Council had more time. * MOTION CARRIED. AUTHORIZATION FOR A MOBILE OFFICE FOR POLICE DEPARTMENT AND ADOPTION OF ENABLING ORDINANCE 2833 41�°t7;;�L�A, Police Chief Dan Prinz reported that the Police Department has outgrown the present facility and 8 needs to expand, but there is no alternative office space available in the Public Safety Building or in the City Hall complex. He requested the Council to authorize the Police Department, through an emergency exemption of the zoning ordinances, to locate a mobile office just north of the department's present location. He noted that the office will need to be in place until either a new facility is built or more space becomes available in the Public Safety Building. Chief Prinz said the location of the mobile office would allow for close interaction between employees and accessibility to computers, etc. Once the trailer is removed, he said the location would be returned to its present condition. He noted that location of the mobile office at the proposed site would necessitate removal of an ornamental pine tree, one flowering plum tree, and several low -growth junipers. He said sewer, water, telephone, computers, and electricity were located close enough to the site that the expense of hooking up to those services should be mini- mal. Chief Prinz requested the Council to authorize an emergency exemption of zoning ordinances for a mobile office. Councilmember Kasper believed the mobile office could be located next to an existing building rather than in the proposed location, which would necessitate the removal of landscaping. He suggested that the issue be discussed further at a committee meeting. *See 5-21-91, P.2 EDMONDS CITY COUNCIL MINUTES M4y 7-, 1991 — Page 10 Councilmember Dwyer noted that the Council could authorize the money and an exemption to zoning ordinances but send the issue to a committee meeting for review with a recommendation to the Council. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE AN EMERGENCY EXEMPTION OF ZONING ORDINANCES FOR MOBILE OFFICES AND AUTHORIZE THE EXPENDITURE AS REQUIRED. Councilmember Hertrich did not believe the motion was appropriate. He felt the issue should be reviewed by the ADB and go through the proper channels. He did not believe the City should allow exemptions for itself. City Attorney Scott Snyder said the suggestion to authorize an emergency exemption emanated from him. Rather than go through the conditional use process and the ADB process and risk the poten- tial for the Hearing Examiner to comment that the use was for five or six years rather than for one year, as required by a conditional use permit, and then be presented to the City Council after that process, City Attorney Snyder thought it would be more expedient if the issue were reviewed by the Council. In response to Councilmember Palmer, City Attorney Snyder stated that the basic ordinance amend- ment would attempt to correct the problem that temporary buildings/mobile homes can only be used for one year, and it provides a generalized exemption, when approved by the City Council, in conjunction with an anticipated construction project to provide temporary storage and offices. MOTION CARRIED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER NOROQUIST OPPOSED. APPROVAL OF PUGET SOUND REGIONAL COUNCIL INTERLOCAL AGREEMENT rITEM (G) ON THE CONSENT AGENDA Councilmember Hertrich inquired how the Council felt about the issue, when considering Snohomish County's position that it was not receiving proper representation. Councilmember Dwyer said Snohomish County's argument was that the counties are not being repre- sented and that cities are being exalted to the detriment of the counties. He felt the Council should approve the agreement in the very near future because it was a time when the City could Increase its leverage. Councilmember Hertrich suggested that the City contact other local cities to ascertain how they perceive they are being represented. Councilmember Wilson thought that was a good suggestion. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE INTERLOCAL AGREEMENT, INCLUDING THE SIDE LETTER OF CLARIFICATION. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. Mayor Naughten urged Councilmember Hertrich to attend the Snohomish County Cities & Towns meeting on May 23rd at the Lake Ballinger Clubhouse to discuss the issue. Student Representative Ted Hunter was concerned with the impact that the proposed Top Foods pro- posal would create because of traffic congestion on 100th and 220th Streets and because it is unsafe for pedestrians to travel along 220th because there are no shoulders or sidewalks. AUTHORIZATION TO CALL FOR BIDS TO PURCHASE A SCOOTER FOR POLICE DEPARTMENT $9 500 ITEM C ON THE CONSENT AGENDA AUTHORIZA N ALL FOR BIDS TO REPLACE EXISTING BRUSH CHIPPER ($22,000) [ITEM (D) ON THE t� CONSENT -A N 1 Councilmember Kasper said he had asked for a review of the B fund one month ago, but the process has not been initiated. He recommended that the discussion take place at a Council Committee meeting. Police Chief Dan Prinz said the need for the scooter was discussed several times at Public Safety Committee meetings. He said the Code Enforcement Officer will be able to perform her job more efficiently with a scooter. He noted that the increased revenue would pay for the scooter. Rather than derive the funds from the Council Contingency Fund, Chief Prinz felt the monies could be taken from the B fund. With respect to Item (D), Councilmember Wilson concurred that there was a need for the scooter, but as was the case with the brush chipper; he was unsure that a fund was set up to replace it. Chief Prinz said discussions had taken place that the City may have to purchase its leased vehi- cles, but money was not set aside to purchase those vehicles because when the lease program was established, money was derived from the B fund to help pay for the lease payments. He said EDMONDS CITY COUNCIL MINUTES May 7, 1991 - Page 11 it was the intent at that time to replace those monies within four years, which would occur some- time in 1992. Councilmember Nordquist noted that the -department has recommended the acquisition of a scooter by purchasing either a used vehicle, a demonstration model, or a new model. He inquired about the bid process for three alternatives. City Attorney Scott Snyder believed the process would be more appropriate through telephonic bidding because he said it would be difficult to bid on three alternatives. He noted there were no. bidding requirements on a straight equipment purchase. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (C). MOTION CARRIED. Councilmember Wilson inquired if the brush chipper was budgeted in the B Fund. Equipment Supervi- sor Greg Ramsiand replied affirmatively. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE ITEM (D). MOTION CARRIED. PROPOSED ORDINANCE 2834 AMENDING OFFICIAL STREET MAP TO VACATE 25 FEET OF EXISTING 50 FOOT RIGHT-OF-WAY 8TH AVE.L_ _ Y LANE -2-90 L I CANT: D S� N THE Councilmember Nordquist asked why the city should adopt the ordinance when Mr. Abrams has not submitted the required compensation to the City yet. City Attorney Scott Snyder noted that the ordinance was worded so that it would expire if compensation was not submitted to the City by June 30, 1991. Councilmember Nordquist said he would rather postpone adoption of the ordinance until payment is received. There was discussion regarding the ordinance as an enforcement tool because it established the date for payment. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (L). MOTION CARRIED. MAYOR Mayor Naughten announced that Noel Miller was appointed as the new Public Works Superintendent, effective August 1, 1991. Mayor Naughten reminded the Council of the Association of Washington Cities & Towns meeting on May 23, 1991. COUNCIL Council President Palmer reminded the Council of the AWC convention in June. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO AUTHORIZE MAYOR NAUGHTEN, COUNCILMEMBER KASPER, AND COUNCILMEMBER NORDQUIST TO ACT AS THE CITY'S VOTING DELEGATES. MOTION CARRIED. Council President Palmer noted that the City Attorney will be unable to attend the Council re- treat because he will be at another meeting, and the new Fire Chief, C. Buzalsky, will not be able to attend, either. * Councilmember Jaech inquired about the status of establishing truck routes throughout the City. Community Services Director Peter Hahn said that issue was presented to the committee several months ago but nothing has come forth. He suggested that truck routes be included in the Trans- portation Plan with a recommendation from the consultant. Councilmember Jaech said she would like to discuss the issue with the Council first•.and then with the consultant. Council President Palmer scheduled that discussion on May 28, 1991. Councilmember Jaech inquired about the temporary fence for the condominium on 5th and Pine. City Attorney Snyder said Staff has required places to set fence posts. Mr. Hahn said Staff is work- ing towards including language in the general site development standards and Architectural Design Board standards, and Staff has been in communication with the developer. regarding. the fence. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXCUSE COUNCIL PRESIDENT PALMER'S ABSENCE ON APRIL 22, 1991. MOTION CARRIED WITH COUNCILMEMBER HERTRICH OPPOSED. y�u+� Councilmember Kasper recommended that the Finance Committee review the disposition of the B Fund. P` The Council recessed to an executive session at 10:50 p.m. to discuss labor negotiations, a legal matter, and a property matter for approximately twenty minutes and adjourned thereafter. THESE MINUTES ARE SUBJECT TO MAY 21, 1991 APPROVAL. OFFICIAL SIGNED COPY OF MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. ty Clerk EDMONDS CITY COUNCIL MINUTES Pane 12 MAY 7. 1991 *See 5-21 -91, P, or