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04/19/1988 City CouncilTHESE MINUTES SUBJECT TO MAY 3, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES April 19, 1988 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Steve Dwyer, Council President Laura Hall Roger Hertrich Jo -Anne Jaech Bill Kasper John Nordquist Jack Wilson Martha Dubick, Student Rep. CONSENT AGENDA STAFF Scott Snyder, City Attorney Peter Hahn, Com. Svs. Dir. Jim Barnes, Parks/Rec. Mgr. Mary Lou Block, Plan. Mgr. Bob Alberts, City Engineer Bobby Mills, Pub. Wks. Sup. Jack Weinz, Fire Chief Dan Prinz, Police Chief Al Compaan, Detective Jerry Hauth, Hydraulics Eng. Chris Beckman, Engin. Coord. Jackie Parrett, City Clerk Karin Noyes, Recorder Mayor Naughten announced that Item G has been eliminated from the Consent Agenda because it is on the regular agenda as Item 7. Mayor Naughten indicated that Item 9 would be removed from the formal agenda and discussed in an executive session because it involves price negotiations. Mayor Naughten advised that Councilmember Nordquist would arrive at 7:30 p.m. and requested that the Council postpone approval of the Consent Agenda until later in the meeting to allow Council - member Nordquist to be present. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL POSTPONE THE APPROVAL OF THE CONSENT AGENDA UNTIL LATER IN THE MEETING WHEN COUNCILMEMBER NORDQUIST WILL BE PRESENT. MOTION CARRIED. AUDIENCE Karen Blair, a representative of Munson Manufacturing, Inc. in Harbor Square, expressed to the Council her company's desire that the City continue to operate the fire boat. She explained that because her company is in the boat building business, they have boats being placed in the water for the first time to be inspected by the Coast Guard. Munson Manufacturing has appreciated the services the fire boat has provided and is concerned about this service being terminated. Ms. Blair indicated that Munson Manufacturing would like to have the fire boat kept in service and would offer their services to repair the Boat. She explained the two repair options they would offer, valued between $3,000 and $3,500. Ms. Blair pointed out that this boat gives "piece of mind" to Munson Manufacturing as well as to the other residents of Edmonds who use the water. She stated that it only takes the loss of one life to realize how important the boat is to the City. Tom Kincaid, 17206 76th West, is the editor and publisher of NORWEST PUBLICATIONS. Mr. Kincaid said that he has been a resident of the City of Edmonds since the port was built. He urged the Council to consider the continuance of the fire boat services. Mr. Kincaid presented the Council with petitions with 866 signatures urging the Council to fund the rescue boat for the City of Edmonds. Mr. Kincaid pointed out that many of the accidents that might occur in the water need to be re- sponded to much quicker than by the Coast Guard at the Port of Everett or Shilshole Bay. Because of this, an effective search and rescue boat in the Port of Edmonds is necessary and important. Mr. Kincaid said that he serves as a member of the Boating Society of the State Parks Commis- sion. He said the Boating Society receives a sum of money from the Coast Guard each year to be used for boating safety on the local levels. The Society has already distributed the money for 1988, but he suggested the City apply for some of this money in 1989 to operate a search and rescue boat. Councilmember Hertrich inquired whether Mr. Kincaid's greatest concern was for fire protection or search and rescue service. Mr. Kincaid answered that retrieving people from the water was the most important, but the fire protection is also advantageous. Mr. Kincaid explained that it is helpful to have the rescue boat operated by the Fire Department because they can provide round- the-clock service. Mr. Kincaid said if he had to choose between the two services, he would choose a search and rescue boat as being the most important because there is more apt to be a person needing to be rescued from the water than a boat on fire. Mr. Kincaid pointed out to the Board that the fire boat is capable of offering both types of service. He feels the City should maintain this service. John Boone, 600 Sixth Avenue North, indicated he was also present to address the fire boat is- sue. He is the current president of the Emerald City Diving Club. He said they are interested in what happens on the waterfront because they spent a great deal of time getting the underwater park. They are also concerned about the safety hazards that would be created by removing the fire boat. Councilmember Hall submitted a letter written by Don Stay, 715 Sprague Street, concerning the fire boat. He is in favor of keeping an active fire vessel. He stated it is sad that the Port does not better support the community opportunities and basic self-interest. Mr. Stay felt they should not let their shortsightedness precipitate an equally shortsighted reaction. One life for the small amount it will take to keep the boat afloat is a great return to the community. Mayor Naughten said that the Council would take the audiences comments into consideration and would make a decision on what to do in regard to the fire boat at a later time. OUTSTANDING CITIZEN RECOGNITION Mayor Naughten announced that Trudy Dana, an Edmonds resident, has published a book through McGraw Hill entitled, SAFE AND SOUND. This book is a parent's guide to the care of children at home alone. Mayor Naughten indicated that he has read parts of the book and feels that it is an excellent book. Mayor Naughten congratulated her on her accomplishments and asked her to make some brief comments about her book. Ms. Dana said the title, which was chosen by the publisher, is misleading. The book is not just for children home alone because all children need to learn about personal safety. She said this book contains information on personal safety, fire safety, kitchen safety, etc. and sells for $17.95. UPDATE ON DARE PROGRAM AND PRESENTATION OF DONATION FROM HUBBARD TRUST Mayor Naughten indicated that Hubbard Trust has offered to donate money to the DARE Program and introduced Winnie Hastings, Secretary of the Hubbard Trust. Ms. Hastings said that she is a representative of the Hubbard Family Foundation. She is a member of the Allocation Committee that decides where the grants are made. Ms. Hastings explained that Mr. Larry Hubbard, the founder of the Hubbard Family Foundation was a pioneer of Edmonds. Upon his death, his will created a foundation in honor of his mother and father. His specific words were, "It is my hope that through grants from the foundation, the quality of life for the resi- dents of Edmonds and South Snohomish County may be improved." Ms. Hastings said that when the Foundation heard about the DARE Program being implemented by the Edmonds Police Department, they immediately felt this was a program that would qualify for a grant. Ms. Hastings presented Mayor Naughten with a check for $1,400 for the purchase of educa- tional supplies for the program. Mayor Naughten thanked the Hubbard Family Foundation on behalf of the City of Edmonds for the donation and turned the money over to Dan Prinz, Police Chief. Police Chief Prinz said that Al Compaan is one of the officers participating in the DARE Pro- gram. Police Chief Prinz invited Officer Compaan to come before the Council to update them on the DARE Program. Officer Compaan displayed material that would be purchased with the money from the Hubbard Family Foundation. He explained that the DARE Program started two years ago. He attended a training conference sponsored by the City of Los Angeles. The Program is targeted at sixth graders. Officer Compaan explained that a uniformed officer goes to each of the sixth grade classes one hour a week for 17 weeks to teach classes on drug prevention. These classes cover issues such EDMONDS CITY COUNCIL MINUTES Page 2 April 19, 1988 y- as: peer pressure, how to say no, how to handle stress, and how the media glamorizes drugs. The cl..asses end with a closing ceremony in which the students each take a personal stand against drugs. Officer Compaan said that because of the officer/student contact established through this pro- gram, many of the myths about policeman are dispelled. Each student is given a button at the end of the course and T-shirts are given as special awards. Officer Compaan presented Ms. Hastings with a button. Officer Compaan stated that by the end of this school year, they will have contacted 1,300 sixth graders in the Edmonds School District with this program. Mayor Naughten said he was involved in one of the classes. He congratulated Police Chief Prinz and the other Officers for their success in working with these children. Police Chief Prinz indicated that Officer Compaan would be going to Los Angeles to participate in a training course to enable him to instruct other officers in the state on this program. Police Chief Prinz read letters from principals and teachers in the schools participating in this program. They had very favorable comments to make regarding the program and the officers who participated in this instruction. HEARING ON PLANNING BOARD RECOMMENDATION FOR PROPOSED REZONE FROM RM 2.4 to CG ON PROPERTY LOCAT- ED AT 22130 76th AVE. W. R-1-88/DOUG S LYNNWOOD MAZDA Mayor Naughten informed the Council that he is Chairman of the Highway 99 Economic Development Task Force. The Task Force has made an endorsement of this rezone, and as Chairman of that Com- mittee, he sent a letter to the Planning Board. He then read that letter into the record as follows: "The major goal of the task force is to support, promote, and encourage economic development of Highway 99. The Task Force reviewed the proposed relocation of Doug''s Lynnwood Mazda and sup- ports their request for a rezone. The property is a good example of many parcels along Highway 99 that are located in the narrow CG strip. Development of some of these parcels is very restric- tive unless some limited rezoning can be accomplished to accommodate varying marketing needs. The portion being requested for rezone will still abut multiple family zoning as a buffer. The Economic Development Task Force has supported the project because it meets two of their goals which are improving the visual appearance of Highway 99 and providing economic development to the City of Edmonds." Mayor Naughten indicated that he would step down from this discussion because of his stated posi- tion on the issue. Councilmember Hall said that if the Mayor is stepping down from the discussion, the letter should not have been read. Mayor Naughten explained that he has already made a position statement on this issue, and there- f9re, cannot sit in on the discussion. Councilmember Hall said that in the past when a member has had to step down, it was so they would not participate or make .any judgement or step in any direction toward a conclusion of the hear- ing. Mr. Snyder indicated that the letter read by Mayor Naughten is already in the record of the Plan- ning Board. He was reading this as the reason he is stepping down. Mayor Naughten indicated he did not want there to be any question of fairness in the discussion of this rezone. For that reason, he has decided to step down. Councilmember Kasper indicated that he is a member of the Economic Development Task Force, also. He was not in attendance when this issue was discussed and had no part of their decision. He said, in discussing this with the City Attorney, there appears to be no conflict of interest to warrant his stepping down. Mayor Pro tem Dwyer asked if anyone in the audience objects to having Councilmember Kasper partic- ipate in this discussion. The audience had no objection to Councilmember Kasper's participating. Councilmember Hertrich asked if Councilmember Kasper participated in writing this letter. Coun- cilmember Kasper indicated he did not even know about the letter. EDMONDS CITY COUNCIL MINUTES Page 3 April 19, 1988 Mr. Snyder stated that, regardless, Mr. Kasper has gone on record stating he did not participate in this discussion with the Task Force. Councilmember Hertrich expressed concern over Mayor Naughten's reading this letter at the begin- ning of this discussion. Mayor Pro tem Dwyer said that the letter was not a new communication, it was read by Mayor Naughten to state his reason for stepping down. This letter is in the Plan- ni,ng Board's file. Councilmember Hertrich suggested that the minutes not indicate that this letter was read. Councilmember Hall said she has been a shareholder in the institution on which Mr. Ikegami is a Board member. Although she no longer has that interest, she wanted to make this information known. Mayor Pro tem Dwyer asked if anyone in the audience had an objection with Councilmember Hall's participation in this discussion. No one in the audience expressed an objection. Councilmember Jaech notified those present that each member of the Council received a delivery last evening of a letter and blueprint from the applicant. She wanted the letter and blue print to be made available to the audience. City Clerk Jackie Parrett indicated copies of the letter were on the table at the entrance. Ms. Block indicated the blueprint was posted at the front of the room. Ms. Block reviewed the history and summary statement, findings of fact, and conclusions of law that were included in the Council's packets. Ms. Block said that the Planning Board recommends the City Council deny the Rezone Application R-1-88. The Planning Board feels that a contract rezone would be a better approach. Ms. Block displayed slides indicating the state of the subject property and the surrounding area. Ms. Block indicated that Ms. Jan Phillips, a member of the Planning Board, was present to repre- sent the Board. The Board feels it is important that the Council has the opportunity to ask for more information regarding the Board's recommendation. Councilmember Jaech inquired, in the instance of a contract rezone, what happens if the proposed use is changed. Ms. Block said that whatever conditions are placed on the contract rezone will be enforced. Ms. Block indicated that the City cannot propose a contract rezone, the applicant must do this. Councilmember Kasper inquired if the Board took into consideration the prior zoning of this prop- erty when it was under the County. He also inquired whether the staff made a recommendation to the Planning Board. Ms. Block said there was no discussion, to her recollection, of the preannexation zoning. She said the staff indicated that a rezone appears to be appropriate with proper mitigation. Councilmember Hertrich, in reading the minutes of the Planning Board, said that he did not see an indication as to the situation on Highway 99 for left turn lanes. He inquired if there is a left turn lane available. Ms. Block replied that there is a two-way left turn lane. Jan Phillips, a member of the Planning Board, said that one of things the Board discussed was access. She said that the applicant is asking for access onto 76th Street. A driveway was being proposed as a secondary service access and the Board was concerned about this access. This type of access would be allowed in the current zoning. Ms. Phillips said that an absentee landowner expressed concern because the street would come within five feet of his property. Councilmember Hertrich asked if it was Ms. Phillips' interpretation that the rezone request was for the property marked in green on the map or is the rezone being requested for the area between the driveway and 76th Street. Ms. Phillips indicated that the Board was told the applicant did not need to rezone the driveway because it is already allowed in the RM zone. Councilmember Hertrich inquired whether the applicant stated a reason for not wanting to contract with the City for the rezone. Ms. Phillips said the Board did not present the applicant with the option of contract rezone before the hearing. The Board suggested at the hearing that the appli- cant submit an application for a contract rezone. Mr. Snyder said that under Washington law, the Council may not require an applicant to submit an application for a contract rezone. This must be done by the applicant. Mr. Hahn stated that the option of a contract rezone had been discussed with the applicant prior to the hearing before the Planning Board. EDMONDS CITY COUNCIL MINUTES Page 4 April 19, 1988 Steve Anderson, Group Four, Inc., was the representative for the applicant. Mr. Anderson said that after hearing the discussion, he would like to indicate the applicant's intention to with- draw the application for rezone at this time and come back with a contract application. Mr. Snyder explained to the Council the options available to the Council regarding this issue and whether the Council should continue the discussion or not. Mr. Snyder explained that the Council would be "treading a thin line" in displaying prejudgement bias if the Council were to continue this discussion tonight. Mr. Snyder recommended that the safest route would be for the Council to halt further discussion at this time, and comply with the applicant's request. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER HERTRICH, THAT THE COUNCIL REMAND TO THE PLANNING BOARD R-1-88 FOR A DATE AT THEIR DISCRETION. MOTION CARRIED. PRESENTATION OF DOWNTOWN PEDESTRIAN TRAFFIC STUDY BY BELL -WALKER ENGINEERS 'Ted Bell and George Reynolds, representatives of Bell -Walker Engineers, Inc., presented their findings of the Central Business District Pedestrian and Traffic Circulation Study. Mr. Bell and Mr. Reynolds reviewed with the Council their report which was included in the Coun- cil's packets. Mr. Bell said that based upon the staff's concern of pedestrian safety in the Central Business District, staff has conducted manual counts of pedestrians and vehicles at key intersections during the past summer. He said that many of these impacts are associated with the ferry traf- fic. Mr. Bell explained that the report is the result of the operational and safety evaluation of conflicts between vehicles and pedestrians within the Central Business District and the ferry terminal. Mr. Bell explained that this study was divided into four tasks. They are inventory and surveys, analysis, alternatives, and recommended plan. Mr. Reynolds said that vehicular and pedestrian count data collected during the summer of 1987 included twenty -four-hour directional approach volume vehicle counts at the following intersec- tions: Third and Main Fifth and Main Sixth and Main Third and Dayton Fifth and Dayton Mr. Reynolds said that those locations were counted to determine intersection turning movement and pedestrian counts. Mr. Reynolds reviewed the evaluations of each intersection and special considerations associated with the ferry terminal and access to Harbor Square. The following are Bell -Walker's recommenda- tion: 1. Third Avenue and Main Street: Upgrade signal to three-phase operation with pedestrian actuation. 2. Fifth Avenue and Main Street: Relocate the fountain. 3. Ferry Landing: Create a traffic lane revision and cut-off control for signal "override:" Evaluate ferry traffic holding area tunnel alternative and alternative to rechannel holding areas. 4. Dayton -Harbor Square: Improve existing pedestrian route. 5. Signal Warrants: Obtain seasonal approach and turning movement counts. Develop policy for traffic signal installation. In summary, Mr. Reynolds said that the short improvements relate to signal modification and chan- nelization. Discussion should continue on some long-term solutions to the problems caused by the ferry terminal traffic. EDMONDS CITY COUNCIL MINUTES Page 5 April 19, 1988 Councilmember Wilson suggested that the fountain not be moved, but maybe they could center it better. He felt the fountain lended character to the City and is a tremendous asset to the City. Councilmember Wilson inquired whether Bell -Walker gave any thought to a pedestrian tunnel. Mr. Reynolds said that they did look at this option briefly. He said in working with staff, it was learned that there is already a project to improve the pedestrian traffic that would be a lower cost solution. A pedestrian tunnel would be very expensive to maintain. Mr. Reynolds concurred with Councilmember Wilson that it is not necessary to move the fountain. Councilmember Hertrich said that he attended meeting of the ferry system and transit people. He feels that there is beginning to be some cooperation from the ferry system in regard to the traf- fic problems that exist. Councilmember Hertrich indicated that he is on a committee that is studying some of these problems. Councilmember Hertrich pointed out that there are not many pedestrian counts on an intersection that has had a fatality. Compared to the pedestrian traffic study done on other streets, the pedestrian survey for this area is short. Mr. Reynolds said that in their review of walking the area, their focus was to look at pedestrian conflicts with traffic. He said from that review they found a good flow of pedestrian traffic with very little conflict with traffic. They also found the rest of the downtown intersections to have adequate sidewalks to handle pedestrian traffic. Councilmember Kasper stated that when the Council decided this study should be done, there were specific concerns that are not addressed in this report such as: 1. Do corner parks cause any problems with traffic and pedestrian flow? 2. Is there a problem with senior citizen pedestrian traffic at Brackett's Landing? Mr. Reynolds said that the corner parks are very well maintained and do not cause any visibility problems, neither do they prohibit the pedestrian route. Mr. Bell said that after the report was published, they met with the Department of Transporta- tion. As a result of that meeting, they feel stronger about providing better pedestrian control. Councilmember Kasper pointed out that part of the problem with pedestrian traffic at the ferry terminal could be eliminated if they reopened the cantilevered walkway. Mr. Hahn said that staff had a meeting with the marine staff and they expressed their intention to reopen the south walkway soon. Mr. Hahn said he senses a better understanding of the problems and an apparant willingness to look at the solutions the City has suggested. The Council suggested that another option would be to use satellite parking behind Harbor Square or at Westgate to use some of the large parking lots. Councilmember Kasper commented that he met with the manager of the Port, who indicated that they have no intention of doing this because of the liability problems. Councilmember Hall commented that the striping on the road at the ferry terminal is confusing. She felt this intersection should be reviewed and possibly there could be a route that would take traffic directly from the ferry to Second Avenue. Councilmember Nordquist arrived at the meeting at approximately 8:45. Councilmember Hall hoped the Department of Transportation would move the toll booth. When asked by Mr. Reynolds if this had been discussed by the Department of Transportation, Mr. Hahn indicat- ed that it had not. Councilmember Hertrich suggested that Third and Main should be moved to the top of the priority list. CONSENT AGENDA Items (B), (E), and (J) were removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECOND- ED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: EDMONDS CITY COUNCIL MINUTES Page 6 April 19, 1988 (A) ROLL CALL / Doti (C) ADOPTED ORDINANCE 2667 AMENDING 1% FOR ARTS ORDINANCE (FROM APRIL 5) v(D) ADOPTED ORDINANCE 2668 AMENDING CITY CODE TO BRING IT INTO ALIGNMENT WITH CURRENT PRACTICE ,d, RELATING TO ESTABLISHMENT OF VACATION SCHEDULES AND SICK LEAVE CAPS (F) AUTHORIZATION FOR MAYOR TO EXECUTE 1988-89 TESTING SERVICES AGREEMENT WITH BOSS TESTING, INC. (H) REPORT ON BIDS OPENED APRIL 11, 1988 FOR FOUR TRUCK CABS AND CHASSIS, AND AWARD OF CONTRACT TO TRUCK CENTER CORPORATION ($51,293.05) (I) REPORT ON BIDS OPENED APRIL 11, 1988 FOR FOUR TRUCK BODIES COMPLETE WITH HOIST CRANES, TOOL BOXES AND INDEPENDENT DEALER ACCESSORIES ($17,195.16) APPROVAL OF MINUTES OF APRIL 12, 1988 [Item (B) on Consent Agenda] COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCIL PRESIDENT DWYER, TO APPROVE THE MINUTES OF APRIL 12, 1988 WITH THE FOLLOWING CORRECTIONS: lY PAGE SEVEN, SECOND PARAGRAPH FROM BOTTOM, CHANGE FIRST SENTENCE TO READ, "COUNCILMEMBER HERTRICH STATED THAT AT ONE TIME, THE CITY PROPOSED RECONSTRUCTION ON 200TH STREET FROM 76TH TO MAPLEWOOD WHICH WOULD HAVE INCLUDED CURB AND GUTTERS." 2. PAGE EIGHT, FOURTH PARAGRAPH FROM BOTTOM, FIRST SENTENCE, CHANGE THE WORD, "WATER" TO "ROCK." MOTION CARRIED. APPROVAL OF CABARET DANCE LICENSE FOR FISHHOUSE CHARLIE'S (FORMERLY BUMBERSHOOTS) [Item (E) on _ Consent Agenda] Councilmember Nordquist inquired whether provisions had been made to oversee the City's property in case of destruction done by people who may be partying at Fishhouse Charlie's. He inquired whether the owners of this establishment are aware of their liability. Councilmember Nordquist pointed out that there have been some problems in the past with parking and damage to adjacent property. Mayor Naughten said that in the past when .new owners have taken over the establishment, the City has encouraged them to work with the Senior Center to come up with some parking solutions. If this becomes a problem, the Council may have to take other steps. Police Chief Prinz indicated that there have been some problems in this area, but the City cannot allow everybody but the restaurant patrons to park in the parking spaces. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, THAT THE COUNCIL APPROVE A CABA- RET DANCE LICENSE FOR FISHHOUSE CHARLIE'S. MOTION CARRIED. D e AUTHORIZATION FOR MAYOR TO SIGN LEASE AGREEMENT FOR PROPERTY AT 206 FIFTH AVENUE SOUTH [Item (J) on Consent Agenda COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NOROQUIST, THAT ITEM (J) BE MOVED TO THE EXECUTIVE SESSION BECAUSE IT IS A PROPERTY ISSUE. MOTION CARRIED. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL RECONSIDER THE PASSAGE OF THE BALANCE OF THE BALANCE OF THE CONSENT AGENDA. Councilmember Hertrich indicated he thought he had requested that Item (C) be removed from the Consent Agenda, also; but, apparently, he did not. He would appreciate it if the Council would reconsider. Council President Dwyer pointed out that after waiting a long time, those members of the audience present for this item left when the Council approved the remainder of the Consent Agenda. Be- cause of this, he did not feel that it should be discussed further. MOTION FAILED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER KASPER VOTING IN FAVOR OF THE MOTION AND ALL OTHER COUNCILMEMBERS OPPOSING. EDMONDS CITY COUNCIL MINUTES Page 7 April 19, 1988 CONSIDERATION OF CHAMBER OF COMMERCE "EDMONDS PROMOTORS" REQUEST THAT CITY CO-SPONSOR CERTAIN COMMUNITY ACTIVITIES Barbara Kindness said that Edmonds Promotors have scheduled the following events for this year: 1. Children's Day -- May 17 2. Festival of Flowers -- July 8, 9, and 10 3. Octoberfest 4. Winter Festival Ms. Kindness feels that part of the expenses incurred could be taken care of by the City such as waiving the fee for banners, etc. She pointed out that these events are not business promo- tions. They are designed to bring people into the community to share in the enhancement of the community. Ms. Kindness reviewed some of the activities involved with each of these events. Councilmember Nordquist inquired whether the banner on Fifth Avenue was put up by Edmonds Promotors. Ms. Kindness answered that the banner on Fifth Avenue is for the Edmonds Gives Back Sports Festival. This is not sponsored by Edmonds Promotors. Councilmember Nordquist was con- cerned because the banner advertised a real estate company. Councilmember Wilson asked if she could be more specific in regard to what Edmonds Promotors want in terms of money, etc. Ms. Kindness said each event is budgeted at $3,000 to $4,000. This money goes to pay for poster, street banners, and other types of advertising. Money from the City can help alleviate some of these costs. Councilmember Wilson inquired of City Attorney Snyder what the limitations are in regard to using public money for this type of event. Mr. Snyder stated that the basic consideration is whether the event will benefit the public. He said that because there is the possibility of finding a public benefit with each of these events, it may be decided that the money will come out of either the general or tourism fund. Mr. Snyder said that he could put together an agreement for each of these events. Councilmember Wilson said the City would benefit from a program in which they could give money to support these various programs. He felt the City should attempt to help this organization if it is possible. He suggested that the Council continue this discussion to a later date. Councilmember Hertrich pointed out that in the literature received from Edmonds Promotors, it states that their request is based on the philosophy of enhancement of private revenues. This promotion goal is to maintain real estate values. He has a hard time giving money to programs for the purpose of promoting real estate values. Councilmember Hertrich questioned whether the average taxpayer in the City would want to fund these activities for this purpose. Councilmember Wilson said that he is assuming that Edmonds Promotors meant that if they do not have a viable business community, they will not be able to maintain the real estate values they currently enjoy. Councilmember Kasper said that he feels that maintaining the real estate values is very impor- tant. He said that the quality of life in Edmonds is what maintains the real estate values. He suggested the Council look at this request with the real estate values in mind. Council President Dwyer said that the Council needs to make the following policy decisions: 1. How much staff time should they devote to projects to improve the quality of live through economic development, and 2. How much money should the City spend on projects such as this and should this money come out of the money designated for tourism enhancement. Council President Dwyer pointed out that these questions have never been answered by the Coun- cil. The Council finds themselves getting requests from time to time with no guidelines to fol- low in granting these requests. He has a concern with granting money to organizations that come before them after the budget has already been decided. He reminded the Council of the projects EDMONDS CITY COUNCIL MINUTES Page 8 April 19, 1988 that were turned down when deciding the budget because other projects were higher on the priority list. Council President Dwyer suggested that the Council decide how they are going to handle these requests. Councilmember Hall suggested that this may be a good discussion for the Council's retreat. She requested that the Council receive a list from staff of all of the projects they have contributed to and a list of upcoming projects. The Council can then set a budget for these activities. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT COUNCIL PRESIDENT DWYER ATTEMPT TO WORK THIS DISCUSSION INTO THE RETREAT AGENDA. IF THIS FAILS, A MEETING SHOULD BE HELD ON THE NIGHT OF THE REGULAR COMMITTEE MEETINGS TO DISCUSS THIS ISSUE. MOTION CARRIED. Councilmember Jaech said that she would also like to include in that discussion the records of what the City has spent on these types of events. She would like this broken down into dollar amounts of time spent and money donated. This will give them a good overall picture of what has been done. Ms. Kindness asked if members of Edmonds Promoters could be present for this discussion. The Council indicated that they would be welcome to attend. DISCUSSION AND REQUEST FOR AUTHORIZATION TO NEGOTIATE DESIGN AGREEMENT WITH KCM FOR SHELL CREEK BASIN IMPROVEMENTS Hydraulics Engineer Jerry Hauth identified the drainage problem areas within the City and pointed out the steps staff is taking to alleviate the problems. Mr. Hauth indicated that most of the drainage problems can be solved in a fairly simply manner. A larger problem that exists is in the Shell Creek Basin. Mr. Alberts stated that staff is asking for authorization to negotiate a design agreement with KCMfor Shell Creek Basin improvements. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL AUTHORIZE THE SELECTION OF KCM AND THAT AN ENGINEERING AGREEMENT BE BROUGHT BACK TO THE COUNCIL FOR APPROVAL. Councilmember Hertrich said he owns property in Black Diamond, Washington. He said KCM was the engineering firm that designed a plant there. They designed a plant that would not take phos- phates out and there has been a considerable amount of problems to the community. In light of that, he is hesitant to enter into an agreement with KCM. Councilmember Hertrich suggested that the Council should discuss this further and requested that a list of the various applicants for this project be presented to the Council. Councilmember Hall asked who was on the selection committee. Mr. Alberts answered that the selec- tion committee included Mayor Naughten, Councilmember Nordquist, Councilmember Kasper, Mr. Hahn, and himself. Councilmember Nordquist said the Committee was impressed by the examples from KCM of projects they have completed which are similar to this job. Mayor Naughten stated that the Committee's job was to make a selection of the firm best qualified for this particular job. He said that if a Councilmember has a problem with one of the consul- tants, they should come forward with that information before the Committee makes their decision. Councilmember Hertrich said that he did not have any information regarding this decision until Friday. The decision had been made before he received any information. Councilmember Kasper said that they had 14 applicants to consider and this was narrowed down to three. Councilmember Wilson complimented the Consultant Committee for doing good work and said that he would stand behind their recommendation 100 percent. Councilmember Kasper added that he was satisfied with the work done by KCM at Lake Ballinger. Mr. Hahn said the Consultant Committee contacted other jurisdictions which had similar work done by KCM, and their comments were positive. Mr. Alberts said that assuming staff and KCM come to an agreement, KCM would come before the Council to answer any questions the Council may have. EDMONDS CITY COUNCIL MINUTES Page 9 April 19, 1988 Councilmember Jaech recommended staff contact the City of Black Diamond for a report of the prob- lems they are experiencing. Councilmember Nordquist said in the seven and a half months lie worked with KCM on the Community Transit project, KCM dealt fairly with Community Transit and were effective in handling the prob- lems. A ROLL CALL VOTE WAS TAKEN. COUNCIL PRESIDENT DWYER, COUNCILMEMBER HALL, AND COUNCILMEMBER HERTRICH OPPOSED THE MOTION. COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST, COUNCILMEMBER WILSON, AND COUNCILMEMBER KASPER SUPPORTED THE MOTION. MOTION CARRIED. " CONTINUED COUNCIL REVIEW OF DRAFT AGREEMENT FOR WASTEWATER TREATMENT, DISPOSAL, AND TRANSPORT / JLI\Y 1l.LJ n/^ •((-•W'�`r/ Mr. Hahn explained that this agreement was brought back to the Council in case there are addition- al changes. He noted the changes made last week that were incorporated into the agreement. Mr. Hahn indicated that if no further changes were suggested, he would come back to the Council in two weeks with the final agreement. Councilmember Nordquist said that he was concerned about further development after 30 years. Mr. Hahn said that last week he pointed out that Section 4 addresses these concerns. If this ques- tion has not been answered adequately, Mr. Hahn said he would be happy to review this section again. Councilmember Nordquist said that he thought the Council would have the opportunity to discuss this further before the final agreement. Councilmember Jaech requested that the Council receive a written statement from Hugh Spitzer, Mary Hughes, and the underwriter regarding their review of the agreement. Mr. Hahn said that he could do this. Mr. Snyder said that he discussed the 30-year term with Mr.Hahn in relation to the continuing right of the participants after the 30-year period. He said that a term of 30 years is ex- pressed, but the agreement continues to say that the participants may utilize the plan for their disposal of sewage as long as the plant is in operation. Mr. Snyder suggested that the agreement be for the life of the treatment plant and not for a set period of years. This would enable the City to get out of the sewage treatment business when the usefulness of the plant is gone. Councilmember Nordquist inquired whether the participants would be required to go into tertiary if this becomes necessary. Mr. Hahn said that the agreement expressly states that they must participate in whatever the City needs to do to keep the plant in operation. Mr. Hahn said that perhaps it would be best if he comes back on May 3 to answer any last minute questions. The Council agreed that this would be appropriate. MAYOR Mayor Naughten said that he had an interesting experience in Hekinan, Japan, and he brought back some statistics on the City. He said that he scheduled May 17 for Councilmember Kasper, the other 22 delegates, and himself to report on their visit. Mayor Naughten called on Mr. Hahn who explained that they are submitting their EPA Grant next week and for some reason, EPA requires a resolution in which the Council designates the Mayor as the signator of the grant application. This resolution says the Mayor is duly authorized to sign applications, grants, agreements and amendments. Mr. Hahn distributed copies of the proposed ' resolution. COUNCIL PRESIDENT DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL PASS RESOLUTION 673 WHICH ALLOWS THE MAYOR TO BE AUTHORIZED TO SIGN APPLICATIONS, GRANTS, AGREEMENTS, ETC. Councilmember Hall asked about the Federal Government's plan to fund wastewater treatment plants with letters of credit rather than cash. She inquired whether this would happen to them. Mr. Hahn answered that the City comes under the existing fiscal year and will get money not letters of credit. MOTION CARRIED. Mr. Hahn said that there is a leak in the old part of the roof at the Anderson Center. Staff 'C•�'� " called three local roofing companies to evaluate the situation, and give written bids on the project. Mr. Hahn recommended that in order to prevent further damage, the Council award the bid EDMONDS CITY COUNCIL MINUTES Page 10 April 19, 1988 to Kathol Roofing, Inc. They had the lowest bid of $2,645.41 including sales tax. Mr. Hahn pointed out that this includes the 20-year warranty for the roof and a 12-year warranty on the membrane portion of the roof. Mayor Naughten explained that this is an emergency and they do not want to wait for two weeks to repair it. This project is budgeted. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCIL PRESIDENT DWYER, TO ACCEPT THE BID FROM KATHOL ROOFING, INC. MOTION CARRIED. COUNCIL Councilmember Jaech commended Sound Disposal on the recycling service they are offering. If Sound Disposal's customers sort their paper, cans, etc., Sound Disposal will pick them up for recycling. Councilmember Jaech said that in her trips over to the peninsula she noticed that the ferry tick- et booth is shut down around 6:30 a.m. and they don't open it up until the ferry is docking. There is nobody in the holding area and as a result traffic is backed up all the way up the �d�,,,_'_uru•N hill. The backup is not because the holding area is full, it is because the ticket taker is not there. Councilmember Nordquist referred to the memorandum sent by the Council President regarding a discussion on the classification study. He asked when this discussion was scheduled. Council President Dwyer said this discussion was continued to the May 10 meeting. Councilmember Nordquist expressed his desire that the Council packets not be copied back to back. This makes it difficult to highlight. Councilmember Hall also said that she had difficulty highlighting her Council information because of the back-to-back copying. Councilmember Nordquist reminded the Council that he would be out of town next week. He will be attending the Policemen's Convention in Pasco. " Councilmember Nordquist said the reason he was late for the meeting was because he was serving on a Committee to plan the retirement party of Katie Allen. This party will be held on May 5, 1988 from 7:00 to 9:00 p.m. He said this would be a nice social event. There will be a video shown with the Governor and others giving comments. The cost is $15 per person. The surplus money will be donated to the public education fund and the community college education fund. Councilmember Kasper said that he would like the minutes to be copied one sided, but back-to-back copying on the rest of the material would be fine. Councilmember Kasper said that he had an enjoyable time in Japan. Soo Councilmember Hertrich inquired whether the fire boat issue has been referred to the Public Safe- ty Committee. If not, he would recommend that the Council do so. Councilmember Hertrich said that he just came back from a new recycling facility in Seattle and met a gentleman from Issaquah who indicated that he was in the process of obtaining a grant for recycling in the City of Issaquah. He inquired whether Mr. Hahn had knowledge of the availabili- ty of these grants. Mr. Hahn responded that Sound Disposal is already working on the recycling issue. Councilmember Hertrich commented about the letter received regarding the senior center and access to the waterfront area. He would like a report about how this issue is be handled. Councilmember Hertrich commented that the reduction of the Council's documents. He was referring to a letter that was included in the Council's packets. He pointed out that it is difficult to read the reduced copies. City Clerk Jackie Parrett responded that this letter was sent to the Council as it was received and was not reduced. Councilmember Hertrich did not like the packets being copied on both sides, either. Councilmember Wilson said that he approves of the paper saving feature. EDMONDS CITY COUNCIL MINUTES Page 11 April 19, 1988 The Council recessed at 9:45 p.m. to an executive session to discuss property and legal matters. The Council reconvened to take the following actions: COUNCIL PRESIDENT DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE COUNCIL APPROPRIATE FUNDS IN ACCORDANCE WITH THE STAFF RECOMMENDATION TO EXERCISE THE WRITTEN OPTION WHICH HAS PREVI- OUSLY BEEN FORWARDED TO THE COUNCIL AND TO AUTHORIZE FURTHER NEGOTIATION REGARDING LOTS F AND C. Pr 0 MOTION CARRIED, WITH COUNCILMEMBER JAECH OPPOSING. _ COUNCIL PRESIDENT DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH TO APPROVE THE LEASE CONTAINED IN THE COUNCIL PACKET AS ITEM J. MOTION CARRIED. The Council again recessed to an executive session to discuss labor negotiations for approximate- ly 15 minutes and then adjourned. These minutes are subject to May 3, 1988 approval. n JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 12 April 19, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 10:00 P.M. APRIL 19, 1988 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF APRIL 12, 1988 (C) PROPOSED ORDINANCE 2667 AMENDING 1% FOR ARTS ORDINANCE (FROM APRIL 5) (D) PROPOSED ORDINANCE 2668 AMENDING CITY CODE TO BRING IT INTO ALIGNMENT WITH CURRENT PRACTICE RELATING TO ESTABLISHMENT OF VACATION SCHEDULES AND SICK LEAVE CAPS (E) APPROVAL OF CABARET DANCE LICENSE FOR FISHHOUSE CHARLIE'S (FORMERLY BUMBERSHOOTS) (F) AUTHORIZATION FOR MAYOR TO EXECUTE 1988-89 TESTING SERVICES AGREEMENT WITH BOSS TESTING, INC. (G) AUTHORIZATION TO NEGOTIATE ENGINEERING AGREEMENT WITH KCM FOR SHELL CREEK IMPROVEMENTS (H) REPORT ON BIDS OPENED APRIL 11, 1988 FOR FOUR TRUCK CABS AND CHASSIS, AND AWARD OF CONTRACT TO TRUCK CENTER CORPORATION ($51,293.05) (I) REPORT ON BIDS OPENED APRIL 11, 1988 FOR FOUR TRUCK BODIES COMPLETE WITH HOIST CRANES, TOOL BOXES AND INDEPENDENT DEALER ACCESSORIES ($17,195.16) (J) AUTHORIZATION FOR MAYOR TO SIGN LEASE AGREEMENT FOR PROPERTY AT 206 5TH AVE. S. 2. AUDIENCE 3. UPDATE ON DARE PROGRAM AND PRESENTATION OF DONATION FROM HUBBARD TRUST (10 MINUTES) 4. HEARING ON PLANNING BOARD RECOMMENDATION FOR PROPOSED REZONE FROM (60 MINUTES) RM2.4 TO CG ON PROPERTY LOCATED AT 22130 76TH AVE. W. (R-1-88/ DOUG'S LYNNWOOD MAZDA) 5. PRESENTATION OF DOWNTOWN PEDESTRIAN TRAFFIC STUDY BY BELL -WALKER (30 MINUTES) ENGINEERS 6. CONSIDERATION OF CHAMBER OF COMMERCE "EDMONDS PROMOTORS" REQUEST THAT (10 MINUTES) CITY CO-SPONSOR CERTAIN COMMUNITY ACTIVITIES 7. DISCUSSION AND REQUEST FOR AUTHORIZATION TO NEGOTIATE DESIGN (15 MINUTES) AGREEMENT WITH KCM FOR SHELL CREEK BASIN IMPROVEMENTS 8. CONTINUED COUNCIL REVIEW OF DRAFT AGREEMENT FOR WASTEWATER TREATMENT, (15 MINUTES) DISPOSAL, AND TRANSPORT SERVICES 9. ACQUISITION OF PROPERTY ON 212TH S.W. FOR PURPOSE OF RELOCATING PUBLIC (15 MINUTES) WORKS FACILITIES 10. MAYOR 11. COUNCIL 12. EXECUTIVE SESSION - LABOR NEGOTIATIONS THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE