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05/05/1992 City CouncilTHESE MINUTES SUBJECT TO MAY 19, 1992 APPROVAL EDMONDS CITY COUNCIL MINUTES May 5, 1992 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT STAFF Laura Hall, Mayor Dan Prinz, Police Chief Jeff Palmer, Council President Brent Hunter, Personnel Manager Steve Dwyer, Councilmember Chuck Day, Accounting Manager Dave Earling, Councilmember Bob Alberts, City Engineer Michael W. Hall, Councilmember Noel Miller, P.W. Superintendent William Kasper, Councilmember Arvilla Ohlde, Parks & Rec. Mgr. John Nordquist, Councilmember Rob Chave, Planning Manager Tom Petruzzi; Councilmember Jeff Wilson, Planning Supervisor Dianna Phillips, Student Representative Tom King, Facilities Supervisor Scott Snyder, City Attorney Rhonda March, City Clerk Barb Mehlert, Recorder Mayor Hall said the City's new Aid Car was on display in front of the Library, should any member of the audience wish to view it. Mayor Hall said the Appellant listed in Item 6, is requesting a postponement of both hearings (Items 6 and 7), as he was not notified by the official hearing notice procedure. The Appellant and Applicant were present and agreed to a new hearing date of June 16, 1992. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO SCHEDULE ITEMS 6 AND 7 ON TUESDAY, JUNE 16, 1992. MOTION CARRIED. At 7:05 p.m., the Mayor and City Council recessed to an Executive Session to discuss a legal and a property matter and reconvened at 7:40 p.m. CONSENT AGENDA In the interest of the citizens present for other hearings, COUNCIL PRESIDENT PALMER MOVED, SEC- ONDED BY COUNCILMEMBER KASPER, TO PULL THE REQUESTED CONSENT AGENDA ITEMS, BUT HOLD DISCUSSION ON THEM UNTIL THE END OF THE COUNCIL MEETING, SO THE SCHEDULED HEARINGS WOULD NOT BE DELAYED. MO- TION CARRIED. Items (B), (E), (F), (G), (K), (L), and (M) were pulled from the Consent Agenda. COUNCIL PRESI- DENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. THE APPROVED ITEMS ARE AS FOLLOWS: (A) ROLL CALL (C) APPROVE CLAIMS WARRANTS FOR THE WEEK OF APRIL 27, 1992 (D) RESOLUTION #745 TO SET HEARING DATE OF JUNE 2, 1992, FOR VACATING A PORTION OF THE UNOPENED 184TH STREET S.W. RIGHT-OF-WAY LYING WEST OF OLYMPIC VIEW DRIVE AND LYING SOUTH OF 7704 �f� 1 OLYMPIC VIEW DRIVE (APPLICANT: RUSSELL KIM/FILE NO. ST-92-38) (H) APPROVAL OF RELINQUISHMENT OF DISPUTED UTILITY EASEMENT AND ACCEPTANCE OF NEW UTILITY EASE MENT AND QUIT CLAIM DEED FOR 10-FOOT STREET DEDICATION FROM PAUL AND LINDA ELLIOTT AT 16000 75TH PL. W. (I) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING EMERGENCY VEHICLE OPERATION TRAINING. (J) AUTHORIZATION TO CALL FOR BIDS FOR 200TH/80TH WALKWAY AND STREET IMPROVEMENTS PROJECT AUDIENCE PARTICIPATION Mayor Hall opened up the audience portion of the meeting. As no member of the audience came forward, Mayor Hall closed the audience portion of the meeting. SERVICE RECOGNITION AWARD TO DON STAY, PLANNING BOARD 1989 - 1992 Mayor Hall and the City Council commended Mr. Stay for his dedication and service as Planning Board member from 1989 to 1992, and presented him with a Service Award Plaque. Mayor Hall said Mr. Stay has recently been appointed as. Commissioner for the Port of Edmonds, and wished him well L(, in his new position. HEARING ON MAYOR'S RECOMMENDATION REGARDING CITY ORDINANCE ON ADULT ENTERTAINMENT Mayor Hall read a statement to the members of the audience concerning the Adult Entertainment issue. Mayor Hall stated she fully supports City Ordinance 2279, which regulates the Adult Enter- tainment businesses. Mayor Hall said she aims to protect community standards, and stressed that basic family values must be strengthened and preserved. Mayor Hall said she will be coordinating efforts to present a united front to keep the City of Edmonds, as well as South County, free from pornography businesses and activities. Mayor Hall recognized in the audience, Kristie Hanson, member of the Mountlake Terrace City Council. V Scott Snyder, City Attorney, stated two years previous, the City of Edmonds was approached regard- ing the establishment of a multi -city Adult Entertainment Zone. Mr. Snyder said the proposal was �b initially met with some Staff interest. Mr. Snyder said, however, public hearings were held in the City of Edmonds, resulting in overwhelming evidence that citizens did not wish such a zone. Mr. Snyder said since that time, he has been instructed by the former Mayor, present Mayor and Edmonds City Council to strengthen and bolster the current ordinance, resulting in the Proposed Ordinance. Mr. Snyder said he was also instructed to take into account., citizen comments from public hearings on this matter. Mr. Snyder said the direction from the Mayor and Council is clear which is they want to say no. Mr. Snyder said the current ordinance contains Adult Entertainment licensing and regulation provi- sions. Mr. Snyder said the intent behind these provisions are intended only to come into effect if the City's current prohibition is struck down in Court. Mr. Snyder saidif this was to happen, the City would then have a Conditional Use Permit process which would individually license each and every location and business who wanted to engage in "adult entertainment". Mr. Snyder said if the Conditional Use Permit provision was struck down in Court, the City would then place re- strictive provisions on Adult Entertainment businesses. Mr. Snyder said his Proposed Ordinance also contains this "3-tiered" approach, however, is much more restrictive resulting in the maxi- mum protection available under the next successive tier. Mr. Snyder said existing Ordinance 2279 has very limited legislative findings. Mr. Snyder said from his perspective, the Ordinance does not contain a community survey, or a licensing provi- sion, should the City's prohibition be struck down in Court. Mr. Snyder said under the present ordinance, should the City's prohibition be struck down in Court, an Adult Entertainment business could be located within any commercial zone in the City. Mr. Snyder discussed the issue of Local- ly Unmanaged Land Uses (LULU), and said the issue should be reviewed by Staff. Councilmember Petruzzi clarified the existing ordinance already has provisions for "Adult Enter- tainment", should the City's prohibition be struck down in Court. Councilmember Petruzzi said the proposed ordinance simply provides better protection and restrictions against Adult Entertain- ment businesses. Councilmember Petruzzi said some people think the existing ordinance only states that Adult Entertainment isn't allowed in Edmonds. Councilmember Petruzzi said the City Attorney is concerned because he knows how strongly the citizens, Mayor, and Council feels about not allowing Adult Entertainment businesses into the City, therefore, his goal is to make it as difficult as possible for these businesses to locate in this community. Council President Palmer said the purpose of the public hearing is to receive input from citi- zens. Council President Palmer welcomed all comments, and stated it is not the intent of the Council to adopt any new ordinance at this time. Before Mayor Hall opened up the public portion of the hearing, she referenced a letter from James Kutz, Pastor of Maplewood Presbyterian Church, who is opposing any kind of adult entertainment business in Edmonds. Public Testimony Kristie Hanson, Mountlake Terrace City Councilmember, said the City Attorney for Edmonds has included in the ordinance, that Mountlake Terrace has already zoned for Adult Entertainment Busi- nesses. Ms. Hanson said this is misinformation, as there is no such zoning provision. Ms. Hanson said there is no reason for any elected official to believe that they have turn their communities over to Adult Entertainment businesses. EDMONDS CITY COUNCIL MINUTES Page 2 May 5, 1992 Diane Sukol, 1045 Alder St., Edmonds, said there are 500 registered sex offenders in Snohomish County. Ms. Sukol said this does not include those who refuse to register or those who have not been caught. Ms. Sukol said the issue of Adult Business is a fight against crime, and said the Proposed Ordinance accomplishes nothing. Ms. Sukol urged the Council to include no provisions whatsoever for any adult entertainment business. Sonny Hancock, 1028 Cascade Lane, Edmonds, said he is a retired Seattle Policeman. Mr. Hancock said he spent 10 years patrolling Pike Street, and said once an adult entertainment business is allowed, there is no way to control them. Mr. Hancock suggested the City of Edmonds unite with surrounding cities to totally disallow them. Paul Maurice, 1008 "C" Avenue, Edmonds, said he is glad the Mayor is supporting the ban on Adult Entertainment. Mr. Maurice said citizens have been lead to believe the present ordinance is suffi- cient. Mr. Maurice does not agree with the Proposed Ordinance and asked the Mayor and City Coun- cil to totally ban any adult entertainment business. Barbara Fahey, 1107 12th Ave. No, Edmonds, asked the Mayor and Council to take a stand completely against adult entertainment, with no provisions for licensing or regulating. Ms. Fahey said she would prefer her tax dollars be spent in court to fight against any adult entertainment of any form in the community. Dick Van Hollebeke, 580 Hemlock Way, Edmonds, asked the Mayor and Council to intently listen to the citizens when they say they do not want Adult Entertainment businesses anywhere in Edmonds or the surrounding cities. Mr. Van Hollebeke suggested the Mayor appoint a Citizen's Task Force that would help guide legislation so the immediate input of the citizens could be included. Karen McCallum, 7107 226th Pl. S.W., Mountlake Terrace, said the City of Mountlake Terrace is uniting with the people in Edmonds in opposing the industry of Adult Entertainment from coming into the area. Ms. McCallum said there is no place for them to operate in either community with- out endangering citizens. Arlene Noyes, citizen from Mountlake Terrace, asked the Mayor and Council to say no to any time of adult entertainment business. Hugh Preston, 618 9th Ave. South, Edmonds, said this should be kept out of the City. Mr. Preston said he does not mind a back up plan, but wants it clear that "no" is the word. Dennis Finch, 22404 66th, West, Mountlake Terrace, said he is the Acting Chairman for "Citizens to Protect Community Standards". Mr. Finch said members of this group have been circulating petitions expressing strong opposition to sex -oriented buinesses to locate in any part of South Snohomish County. Mr. Finch urged the Council to protect the citizens from this type of business entering the community. Mr. Finch said a public hearing will be held on May 20 at 7:00 p.m., at the library in Mountlake Terrace. Mr. Finish said Gary Nelson, State Senator, and Chairman of the Law and Justice Committee will be in attendance. Aline Tuttle, 1440 Olympic View Drive, Edmonds, said last summer, she presented the Edmonds City Council with a list containing 21 lawsuits brought on by the adult entertainment industry against cities that have allowed them in. Ms. Tuttle said the citizens of Edmonds are saying no to any form of.adult businesses in the community. Bob Scholtin, 421 loth Avenue South, Edmonds, Pastor of a local church, urged the Mayor and Coun- cil to "say no". Mr. Scholtin asked the Mayor and Council not to give pornography a foothold in the community. Wendy Kimball, 22719 105th Ave. West, Edmonds, said she is appalled the City would even consider any type of secondary plan. Ms. Kimball said there should be no secondary plan, and the City should simply say "no". Ms. Kimball said the Mayor and Council should take advantage of the conservative Supreme Court. Michael Montgomery, 23422 94th Ave. West, Edmonds, said the message the Council and Mayor should hear is "no 3-tiered approach". Mr. Montgomery said if just saying no isn't possible, he asked the City to consider utilizing an "impact fee" which would make it economically impossible for adult businesses to locate themselves in the community. City Attorney Scott Snyder interjected that Council President Palmer has also suggested an impact fee approach, and said more information on this would be presented to the public when more infor- mation is received. Scott Mackie, 7212 220th S.W., Edmonds, said he is President of Funtasia, a family sports enter- tainment complex located in Edmonds. Mr. Mackie said Funtasia is totally family oriented, and any type adult entertainment located anywhere near his business would be disastrous to Funtasia. Mr. Mackie said the location of his business was included in the previously proposed zone for Adult Entertainment businesses. Mr. Mackie asked the Council to ban adult businesses from locat- ing anywhere near this community. EDMONDS CITY COUNCIL MINUTES P • 3 Mary Ann Corey, 8608 184th Street S.W., Edmonds, asked who authorized the City Attorney to draft the Proposed Ordinance. It was noted the City Attorney was directed by the former Mayor and Councilmembers who held office in August, 1992, to propose methods that would bolster and strengthen the current ordinance, resulting in maximum protection for the City against adult businesses from locating within the City. Bill Mathias, 540 Holly Drive, Edmonds, speaking on behalf of Lloyd Ostrom, President of the Edmonds Council of Concerned Citizens, emphasized the overwhelming majority of the members to "say no" to any type of adult business in the community. Randall Anderson, 21301 95th Ave. West, Edmonds, Youth Pastor, urged the Mayor and Council to listen to the citizens and simply "say no" to any type of adult business in the community. Dianne Cuttle, 21023 Shell Valley Way, Edmonds, said she is a nurse at Childrens Hospital. Ms. Cuttle said there are many regulations imposed on the Hospital, and said the City should be able to regulate the community with the same type of emphasis. Ms. Cuttle asked the Mayor and Council to "say no" to any kind of adult business in the community. Michael Soring, 20908 48th Ave. West, Lynnwood, said even more citizens should become involved in fighting this issue and asked the Mayor and Council to ban any kind of adult business in the community. Jim Bride, 8022 Cypress Way, Edmonds, said the Counties and Cities should get together and fight together against this issue. Mr. Bride said he has seen no one accept the recommendation of the City Attorney, and feels the Proposed Ordinance should be dropped if no one agrees with it. Dan Thulin, 931 Carol Way, Edmonds, said the Proposed Ordinance does not reflect the wishes of the people. Mr. Thulin said the people are saying absolutely "no adult businesses", and the ordi- nance should reflect this. Kathy Van Barge, 9224 190th S.W., challenged each elected official to amend the ordinance to "say no" to Adult Entertainment. Dave Darden, 23510 Headland Drive, Mountlake Terrace, urged the Mayor and Council to "say no" to any sort of adult business in the community. Michelle Sumi, 606 9th Avenue So, Edmonds, said as a young person, she asks the Council to "say no", to any sort of adult business in the community. Ms. Sumi said it is immoral and unwanted. With no other member of the audience coming forward to speak on this issue, Mayor Hall closed the audience portion of the meeting. Council Discussion Councilmember Nordquist said in 1981, the City was challenged by the owner of a theater in Renton who wanted to buy the Edmonds Theatre and turn it into a pornography theater. Councilmember Nord- quist said the Council at that time enacted the current ordinance, which prohibited that use of the theatre. Councilmember Nordquist said many challenges have come before the Council and asked the members of the audience to become as interested in those challenges as the one before the Council tonight. Councilmember Nordquist thanked all citizens for attending. Council President Palmer said the City now has a finer record of what the community standard is than ever before. Council President Palmer said many people believe the City has an ordinance that just says no, and said that isn't true. Council President Palmer said the ordinance does say no, however, if the Court strikes that down, the ordinance provides a zone that is much larger than what anyone could possibly want. Council President Palmer said the City Attorney was direct- ed to look at options at strengthening the current ordinance so the City would have the best protection possible, eliminating the possibility of an adult business from locating anywhere within the business zone. Council President Palmer said it may come to the point where the ordi- nance just says no, however, all options must be looked at. Councilmember Petruzzi said this a very difficult issue and citizens have had to live with an extremely liberal Supreme Court over the past 25 years. Councilmember Petruzzi said even though the Supreme Court today is conservative, the effects of that liberalism will live on for another 25 years. Councilmember Petruzzi said he, as well as the Mayor and other Councilmembers are united in the fact that no adult entertainment businesses are wanted anywhere near Edmonds. Councilmember Petruzzi said it will take everyone to figure out how we best can keep them out. Mayor Hall said the City has an ordinance that has served the City well up to this point. EDMONDS CITY COUNCIL MINUTES Page 4 May 5, 1992 Councilmember Hall said he appreciates all of the comments made by the citizens. Councilmember Hall said he feels one of the major concerns is not necessarily trying to bolster an ordinance, but to re -think the entire ordinance. Councilmember Earling said he appreciates all of the comments made by the citizens. Councilmem- ber Earling said this issue is emotionally driven, however, behind those emotions is a great deal of thought that has gone into the way the speakers feel. Councilmember Earling referenced a letter from James A. Kutz, Pastor of Maplewood Presbyterian Church. Councilmember Earling said this is a very thoughtful letter, which could be provided to citizens, as he feels the letter gives a balanced look on the issue. Councilmember Earling said it is the intent of the Council to do everything possible to keep this type of business out of the community. Councilmember Kasper said in 1982, the City was put into a position where they had to choose where they wanted an Adult Entertainment Zone in the City. Councilmember Kasper said they decid- ed to not choose anyplace. Councilmember Kasper said he is concerned now with the County, specif- ically Esperance, and all of Highway 99 from 224th to 238th, which is zoned commercial. Council - member Kasper said adult businesses could be located there, as they already exist in the County, and said the City of Edmonds, Mountlake Terrace and Lynnwood has to unite and stand against these businesses. Student Representative Dianna Phillips, said she read the ordinance and it disgusted her. Ms. Phillips does not like the idea of having adult businesses in the community, but does like the idea of having the 3-tiered approach for added protection. Ms. Phillips said it is always good to have a contingency plan should something fail. Mayor Hall and the Council thanked all members of the audience for their participation. Mayor Hall and the Council recessed for a 10 minute break at 9:40 p.m, and reconvened at 9:50 p.m. Councilmember Petruzzi returned to Council Chambers at 9:55 p.m. HEARING ON HEARING EXAMINER'S RECOMMENDATION ON STREET VACATION OF A PORTION OF 174TH ST. S.W. RIGHT-OF-WAYL N : CITY OF EDMONDS; JENSEN, ET AL IL -92-65 Staff Report and Recommendation �� Rob Chave, Planning Manager, said the City of Edmonds, in association with Keith & Charla Jensen, et al, have petitioned to vacate a portion of the undeveloped 174th Street Southwest right-of-way �., lying west of 68th Avenue West, and north of the developed 174th Street Southwest road. —Mr. Chave said the Hearing Examiner held a public hearing on this request on April 2, 1992. Mr. Chave said Staff prepared an Advisory Report and Recommendation which was presented in the public hearing to the Hearing Examiner. It is the recommendation of Staff to adopt the Hearing Examiner's recommendation to approve the proposed right-of-way vacation pursuant to the conditions recommended in the Examiner's report. Audience Participation As no member of the audience came forward on this issue, Mayor Hall closed the audience portion of the hearing. Council Discussion and Deliberation COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADOPT THE HEARING EXAMINER'S RECOMMENDATION, AS CONTAINED IN EXHIBIT 3, TO APPROVE THE PROPOSED RIGHT-OF-WAY VACATION PURSUANT TO THE CONDITIONS RECOMMENDED IN THE EXAMINER'S REPORT. MOTION CARRIED. COUNCIL DELIBERATION ON CONSENT AGENDA ITEMS PREVIOUSLY REMOVED APPROVAL OF MINUTES OF APRIL 25 AND APRIL 28, 1992 (Item (B) on the Consent Agenda V COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER TO APPROVE THE MINUTES OF APRIL N� S 25TH AND APRIL 28TH, 1992, WITH THE AMENDMENTS NOTED IN A MEMORANDUM FROM THE COUNCIL ASSISTANT TO THE CITY COUNCIL. Under discussion, Council President Palmer said there is .an additional memo from the City Clerk with an amendment to the April 21 City Council Minutes as well. In light of this, COUNCILMEMBER EARLING AMENDED HIS MOTION TO APPROVE THE COUNCIL MINUTES OF APRIL 28 AS AMENDED IN THE MEMO FROM COUNCIL ASSISTANT. THE SECONDER AGREED. MOTION CARRIED. The amendments are as follows: EDMONDS CITY COUNCIL MINUTES Page 5 May 5, 1992 Councilmember Kasper would like the following comments added to Page 5, under Request for (8 Eight Opticom Emitter Kits "Councilmember Kasper said this item should have been discussed by the Public Safety Committee before coming to Council. Councilmember Kasper said the Public Safe- ty Committee has never submitted minutes of their committee meetings as requested". Councilmember Earling would like the following comments added to page.2, under Approval of Water- front StudX Scope of Work and Authorization for Mayor to Sign Professional Services Contract wit "Makers" 0,000Item on Consent en a: ounce mem er Earling said a wanted to clarify the Economic Study portion of the "Makers" Waterfront Study should not be confused with the Eco- nomic Impact Study the Council has discussed doing if the decision is made to move the ferry dock". COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER FOR DISCUSSION, FOR APPROVAL OF THE APRIL 25, 1992 CITY COUNCIL MINUTES AS AMENDED IN THE MEMO FROM THE COUNCIL ASSISTANT. Under discussion, Councilmember Petruzzi noted the amendment in the memo is stated as follows: Pa a 4, paragraph 12, "Continued Review and Aperoval of Salary Task Force Recommendation" Coun- cilmember Petruzzi said a would like to amend the motion to reflect the word or wit "but". Councilmember Petruzzi said the Council Assistant listened to the tape, and verified the word "or" was used. Councilmember Petruzzi said it was the intent of the Council to use the word "but" so Staff could not limit position comparisons to the (7) Marketplace Cities. The amended motion is as follows: "COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, THAT THE CITY USEA MORE SPECIFIC COMPARISON FOR EACH POSITION WHICH MAY INCLUDE BUT MAY NOT BE LIMITED TO THE (7)_ MARKETPLACE CITIES". MOTION CARRIED. As a procedural matter, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO EXTEND THE MEETING. MOTION CARRIED. Amendment to April 21 City Council Minutes It was noted Staff has requested the Council to amend their motion on page 3, paragraph 10 to include the word "Roll". The amended motion now reads: "COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE REVISED PRELIMINARY ASSESSMENT ROLL FOR LID NO. 213 AND ADOPT ORDINANCE 2878 FORMING LID NO. 213. MOTION CARRIED, with Councilmember Earling abstaining". COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DYWER, TO INCLUDE THE WORD "ROLL" IN THE MOTION. MOTION CARRIED. It was noted the word "Stories" should replace the word "Story" on page 9, paragraph 11. COUNCIL - MEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER TO AMEND THE MINUTES TO REFLECT THE WORD "STORIES" INSTEAD OF "STORES. MOTION CARRIED. AUTHORIZATION FOR MAYOR TO SIGN PINE RIDGE PARK FOREST MAINTENANCE AGREEMENT WITH STEVE BRUFFY LOGGING ($2,500.00) Item (E) on the Consent Agenda. �1 Council President Palmer noted a late request in the packet includes a request for a Council approval of contract with an ending date of June 30, 1992. COUNCIL PRESIDENT PALMER MOVED, SECOND- ED BY COUNCILMEMBER NORDQUIST TO APPROVE ITEM (E) WITH THE CORRECTION OF THE CONTRACT ENDING DATE 1.�11 BECOMING JUNE 30, 1992. MOTION CARRIED. REPORT ON BIDS OPENED APRIL 20, 1992 FOR ANDERSON CENTER WINDOWS AND AWARD CONTRACT TO REFLECTION Councilmember Petruzzi said it appears the project is $24,000 over budget. City Engineer Bob }c� Alberts replied affirmatively. Councilmember Petruzzi reviewed the options listed on the Agenda 11°LQ�,C1 Memo. Councilmember Petruzzi inquired on the 116 Fund. Mr. Alberts said the 116 Fund is funded by the General Fund. Mr. Alberts said once projects are identified, money is transferred into the 116 Fund through the General Fund process. Councilmember Petruzzi verified with Mr. Alberts that by taking the money out of the 116 Fund, no projects would be shorted in 1992. Councilmember Kasper verified with Mr. Alberts that the purpose of the 116 Fund was set up for deferred maintenance items. Councilmember Kasper said it is his recollection that there has to be a certain amount of money in the 116 Fund at the end of the year. Councilmember Nordquist inquired on the location of the vendor, and Mr. Alberts said he does not where they are located, and the City has not done business with them before. Mr. Alberts said they were one of four bidders on the project. EDMONDS CITY COUNCIL MINUTES Page 6 May 5, 1992 Council President Palmer said he would not support appropriating an additional $24,000 at this time. Council President Palmer asked if the project could be reduced such that basic surfaces, such as the north elevation and south elevation found on the last page of the exhibit, were de- ferred. Councilmember Dwyer inquired on the yearly balance of the 116 Fund. Councilmember Kasper said the 116 Fund was originally set up so as to reconstitute itself every year, so maintenance items aren't neglected. Councilmember Dwyer verified that it is not inconsistent with the purpose of the 116 Fund to use it for the requested purpose. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (F). Under discussion, Council President Palmer feels there is good reason to provide for an ending cash balance in the 116 Fund, so the following year will have funds in case there is a financial pinch. Council President Palmer said this project is only a piece of a much larger project. MOTION CARRIED with Council President Palmer voting no. REPORT ON BIDS OPENED APRIL 21, 1992 FOR 1992 SLURRY SEAL PROGRAM AND AWARD CONTRACT TO BL CKLINE, INC. 47,947 Item G on Consent A enda Councilmember Nordquist asked if this vendor has been used before. Bob Alberts, City Attorney, replied -affirmatively, and said Staff has been satisfied with their work. Council President Palmer asked how the vendor justified a rate increase of 22%, as the Engineer's Estimate is listed as .90t per unit compared to the vendor's bid of $1.10 per unit. Mr. Alberts said the vendor feels they gave the City a "leader" in order to get into the area. Council Presi- dent Palmer said he is not comfortable with that much of an increase. Mr. Alberts said he would pass along these comments to the vendor. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR APPROVAL OF ITEM (G). MOTION CARRIED. ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF PRELIMINARY ADB DECISION jjFOR A NEW 3-STORY MIXED USE FFICE/5-UNIT APARTMENT BUILDING AT 504 HOLLY DRIVE (APPELLANT: ROBERT DRISCOLL - FILE N. -92-20 (APPLICANT: ROBERT BUTTERFIELD- FILE N. DB-107-91 M ttt"'lll i� APRIL 28 Item K on the Consent Agenda). jV COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST FOR DISCUSSION, TO ACCEPT ITEM (K) WITH THE FOLLOWING CORRECTIONS: Page 3 of Agenda Memo, No. 6: (1) Add the word "B" to the first line so it reads "ECDC 15.15.030E (2) (a). (2) On line six, end the sentence after the word "area" and delete the remainder of the paragraph. Page 4 of Agenda Memo, Section 8.1, paragraph 2_: (1) On line five, replace the word "neighborhood" with the word "area". Page 6 of Agenda Memo, paragraph 1: (1) On line one, delete the first two complete sentences beginning with "Zoning Codes" and ending with "portions of the Code". (2) In paragraph 2, line 7, replace the word "neighborhood" with the word "area". (3) In paragraph 2, line 9 and 10, delete the sentence "and the number of stories it may incorporate". (4) Under "Decision", line 8, end the sentence after "limit", and delete the remainder of the paragraph. MOTION CARRIED with Councilmember Nordquist and Councilmember Dwyer voting no. PROPOSED ORDINANCE #2880 INCREASING WATER RATES (FROM APRIL 28) (Item (L) on the Consent Agenda Councilmember Kasper opposes the adopted rate increase. COUNCILMEMBER DWYER MOVED, SECONDED BY L L�Lj COUNCILMEMBER PETRUZZI, TO APPROVE ITEM (L). �J~Y� Under discussion,. Council President Palmer noted a discrepancy in the effective date of the in- crease. Council President Palmer said the Council specifically requested no retroactive aspect to the rate increase. In light of this, COUNCILMEMBER DWYER WITHDREW HIS MOTION. EDMONDS CITY COUNCIL MINUTES Page 7 May 5, 1992 COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER TO APPROVE THE PROPOSED ORDINANCE #2880 UNDER ITEM (L) WITH AN EFFECTIVE DATE OF MAY 15. MOTION CARRIED with Councilmember Hall and Councilmember Kasper voting no. Councilmember Kasper said he voted no as he is opposed to the 25% increase, as he said it is inadequate to cover the 40% shortfall in 1992, as set forth by the City's Consultant, Mary Hughes. PROPOSED ORDINANCE #2880 FOR 1992 NON -REPRESENTED EMPLOYEES SALARIES (FROM APRIL 28); Item (L) on JJ � the Consent gen a. f�1064 Councilmember Hall noted the effective date of April 1, and asked if it was the intent of the ii Salary Task Force to approve the increases effective January 1, 1992. It was noted this was not ��,►�/t the intent of the Salary Task Force. Brent Hunter, Personnel Manager, clarified the non - represented employees would be receiving a COLA for 1992, as well as merit increases from the .Salary Pool effective April 1, 1992. for Directors and Managers, and the Supervisors and Profes- sionals would receive their increases on their respective anniversary dates throughout the year. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER FOR DISCUSSION, TO APPROVE ORDI- NANCE #2880 FOR 1992 NON -REPRESENTED EMPLOYEES SALARIES. Under discussion, Councilmember Hall asked if an employee was hired January 1, 1992, would this procedure be applicable to them. Mr. Hunter stated an employee is eligible for an increase after six months of employment, which is budgeted through a probationary increase. MOTION CARRIED with Councilmember Dwyer voting no. MAYOR Mayor Hall said the recent dedication of the Boardwalk met with great success. COUNCIL Council President Palmer said the Economic Development Committee of the Chamber of Commerce will be holding a meeting in the Library Plaza Room on May 20, 1992, from 5:30 to 6:30 to discuss what �GO � I the City wants to do with the Ferry Dock. Council President Palmer said the Mayor and Council have been invited. Councilmember Kasper said the City previously took the position that no public sessions would be •f1, held until the conclusion of the Reid -Middleton Study. Council President Palmer asked the Council if they wished to have sandwiches at the Council Meeting with the School Board on June 23, in light of the 6:00 p.m. starting time. The Council replied affirmatively. Council President Palmer said he has asked the Public Safety Committee to provide minutes of their meeting. Councilmember Hall said he moved his law practice to Bjorn Thuesen's former Real Estate office on Main Street. Councilmember Dwyer confirmed with Mayor Hall that the EMS Committee is solvent. Councilmember Nordquist asked if the City's water supply will continue to be fluoridated as a result of switching from Seattle to Everett. Noel Miller, Public Works Superintendent replied affirmatively. The Mayor and Council recessed to an Executive Discussion at 10:55 p.m. to discuss a property matter and a legal matter, and adjourned the meeting thereafter. THESE MINUTES ARE SUBJECT TO MAY 19, 1992 APPROVAL. A PERMANENT RECORDING OF ALL COUNCIL MEETINGS ARE KEPT IN THE CITY CLERK'S OFFICE THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. ':4M�n4da �JMar City Clerk Laur �.Hall, ayor EDMONDS CITY COUNCIL MINUTES Page 8 May 5, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. MAY 5, 1992 THE NEW AID CAR WILL BE ON DISPLAY IN FRONT OF THE LIBRARY ON MAIN STREET BETWEEN 6.30 & 7.00 P.M. CALL TO ORDER FLAG SALUTE EXECUTIVE SESSION ON A LEGAL MATTER (15 MINUTES) 2. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF APRIL 25 AND APRIL 28, 1992 (C) APPROVE CLAIMS WARRANTS FOR THE WEEK OF APRIL 27, 1992 (D) PROPOSED RESOLUTION #745 TO SET HEARING DATE OF JUNE 2, 1992 FOR VACATING A PORTION OF THE UNOPENED 184TH STREET S.W. RIGHT-OF-WAY LYING WEST OF OLYMPIC VIEW DRIVE AND LYING SOUTH OF 7704 OLYMPIC VIEW DRIVE (APPLICANT: RUSSELL KIM/FILE NO. ST- 92-38) (E) AUTHORIZATION FOR MAYOR TO SIGN PINE RIDGE PARK FOREST MAINTENANCE AGREEMENT WITH STEVE BRUFFY LOGGING ($2,500.00) (F) REPORT ON BIDS OPENED APRIL 20, 1992 FOR ANDERSON CENTER WINDOWS AND AWARD CONTRACT TO REFLECTION INDUSTRIES, INC. ($79,880.81 iNCL SALES TAX) AND APPROPRIATE $24,000 FROM FUND 116 ENDING CASH BALANCE (G) REPORT ON BIDS OPENED APRIL 21, 1992 FOR 1992 SLURRY SEAL PROGRAM AND AWARD CONTRACT TO BLACKLINE, INC. ($47,947.60) (H) APPROVAL OF RELINQUISHMENT OF DISPUTED UTILITY EASEMENT AND ACCEPTANCE OF NEW UTILITY EASEMENT AND QUIT CLAIM DEED FOR 10-FOOT STREET DEDICATION FROM PAUL AND LINDA ELLIOTT AT 16000 75TH PL. W. (1) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING EMERGENCY VEHICLE OPERATION TRAINING (J) AUTHORIZATION TO CALL FOR BIDS FOR 200TH/80TH WALKWAY AND STREET IMPROVEMENTS PROJECT (K) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF PRELIMINARY ADB DECISION FOR A NEW 3-STORY MIXED USE OFFICE / 5-UNIT APARTMENT BUILDING AT 504 HOLLY DRIVE (APPELLANT: ROBERT DRISCOLL - FILE NO. AP-92-20) (APPLICANT: ROBERT BUTTERFIELD - FILE NO. ADB-107-91) (FROMAPRIL 21) (L) PROPOSED ORDINANCE #2880 INCREASING WATER RATES (FROM APRIL 28) (M) PROPOSED ORDINANCE #2881 FOR 1992 NON -REPRESENTED EMPLOYEES SALARIES (FROM APRIL 28) 3. AUDIENCE 4. SERVICE RECOGNITION AWARD TO DON STAY, PLANNING BOARD 1989-1992 (3 MINUTES) 5. HEARING ON MAYOR'S RECOMMENDATION REGARDING CITY ORDINANCE ON ADULT ENTERTAINMENT (DEFERRED FROM APRIL 7) (45 MINUTES) -CONTINUED- EDMONDS CITY COUNCIL AGENDA PAGE 2 MAY S. 1992 6. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE AT 7222156TH STREET S.W. (APPELLANT: RICK WURDEMAN, ET AL / APPLICANT: CRAIG SUMMERS / FILE NOS. AP-92-67/V-92-4) (20 MINUTES) 7. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE AT 7222 156TH STREET S.W. (APPELLANT/APPLICANT: CRAIG SUMMERS / FILE NOS. AP-92-68/V-92-4) (20 MINUTES) 8. HEARING ON HEARING EXAMINER'S RECOMMENDATION ON STREET VACATION OF A PORTION OF 174TH ST. S.W. RIGHT-OF-WAY (APPLICANT: CITY.OF EDMONDS; JENSEN, ET AL / FILE NO. ST-92-65) (10 MINUTES) 9. MAYOR 10. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE