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01/05/1988 City CouncilTHESE MINUTES SUBJECT TO JANUARY 12, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES JANUARY 5, 1988 The regular meeting of the Edmonds City Council was called to order at 7 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St, Edmonds. PRESENT STAFF Larry Naughten, Mayor Mary Lou Block, Planning Div. Mgr. ,lack Wilson, Council President Jim Barnes, Parks & Rec. Div. Mgr. John Nordquist Jack Weinz, Fire Chief Steve Dwyer Dan Prinz, Police Chief Laura Hall Peter Hahn, Comm. Svc. Director Jo -Anne Jaech Sharon Thatcher, Personnel Manager Bill Kasper Robin Hickock, Asst. Police Chief Roger Hertrich Scott Snyder, City Attorney Martha Dubick, Student Rept. Jackie Parrett, City Clerk Margaret Richards, Recorder OATH OF OFFICE GIVEN TO MAYOR NAUGHTEN AND COUNCILMEMBERS NORDQUIST, JAECH, KASPER, AND HERTRICH Judge Stephen Conroy administered the oath of office to Mayor Naughten. He then administered the �. oath of office to Councilmembers Nordquist, Jaech, Kasper, and Hertrich. ADOPTION OF RESOLUTION 667 COMMENDING COUNCILMEMBER LLOYD OSTROM, AND PRESENTATION Council President Wilson read Resolution 667 into the record which commended Lloyd Ostrom for his sense of fairness and dedication as a Councilmember from the term January 1984 to December 1987. He presented Mr. Ostrom with the resolution, as well as a plaque. Mr. Ostrom thanked the Council for the plaque and commendations. He said he would miss serving on the Council. Mr. Ostrom said he discovered soon after taking office in 1984 that a Councilmem- ber must be on duty 24 hours a day, 7 days a week. Mr. Ostrom thanked the Mayor, Councilmembers, and particularly Staff .members for the courtesies that were extended to him over the last four years. PRESENTATION OF COMMENDATION TO KENNTH E. HASKELL Mayor Naughten read the commendation into the record which recognized Kenneth Haskell for his heroic, life-saving actions on November 15, 1987. He presented the commendation to Mr. Haskell. Mayor Naughten recognized Boy Scout Troop 312 in the audience and leader Mike Cooper. He noted that one of the Scout members was Joe Hertrich, son of Councilmember Hertrich. Council President Wilson introduced the new Student Representative, Martha Dubick, from Woodway High School. Mayor Naughten recognized Lynnwood Councilmember Jerry Karstetter in the audience. RECESS - REFRESHMENTS The meeting recessed at 7:14 p.m. for refreshments and reconvened at 7:35 p.m. Mayor Naughten announced that newly elected and reelected Councilmembers are traditionally given an opportunity to make a statement. Councilmember Nordquist said he appreciated the opportunity to serve the City. He said he was thankful that the City operated under a a true election system, and he commented on the recent behind -the -scenes late -at -night selection of the mayor of his hometown, Chicago. Councilmember Jaech said she was looking forward to serving another four years on the Council. Councilmember Hertrich thanked the citizenry for electing him. He promised to work very diligent- ly. Mayor Naughten expressed his gratitude to the voters for reelecting him. He said it was an honor to be Mayor of the City of Edmonds. Councilmember Kasper expressed his appreciation to the voters for reelecting him. He compliment- ed his opponent for an interesting campaign. CONSENT AGENDA ITEMS (C), (D), (F), (G), 'AND (K), were removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (8) APPROVAL OF MINUTES OF DECEMBER 29, 1987 (E) APPROVAL OF PUD EASEMENT AND AUTHORIZATION TO CALL FOR BIDS FOR BALLINGER SEWER COLLECTION SYSTEM H) FINAL ACCEPTANCE OF WORK BY COMO CONTRACTORS, INC. ON 8TH AVE. S. WATER PIPELINE PROJECT AND SET 30 DAY RETENTION PERIOD (I) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR MUNICIPAL JUDGE PRO TEMPORE SERVICES * (J) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JOHN R. KENNEDY, JR. ($200,000) AUTHORIZATION FOR MAYOR TO SIGN RENEWAL OF LANDSCAPE SERVICES CONTRACT FOR 1988 WITH ELIZABETH GREENLEAF LITEM C ON THE CONSENT AGENDA Councilmember Hertrich inquired if a work schedule of the landscape designer was available. He questioned whether the hourly rate was commensurate with the job responsibilities. Community Services Director Peter Hahn said the contract was discussed at great length in 1987. He said the designer works 30 hours per week. He said a work schedule was formulated for 1988. Mr. Hahn said the level of compensation has been the same for four years. The cost to the City is approxi- mately equivalent to the hourly cost of an NE-5 or NE-6 level, which is held by clerks and custo- dians. It compares to outside consultant hourly fees in the range of $35 to $50. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO EXTEND THE CURRENT CONTRACT BUT FURTHER DISCUSS THE DETAILS OF THE PROPOSED NEW CONTRACT ON JANUARY 19, 1988. Councilmember Dwyer said he was in favor of approving the contract that evening because he said the requested rate increase was not a significant increase, an additional person was not being requested, and because the services were necessary. Councilmember Wilson concurred. Councilmember Nordquist inquired if the City could be held liable for any expenses incurred by the landscape designer if an agency audited her contract. City Attorney Scott Snyder replied affirmatively, providing that the individual was felt not to be an independent contractor. He said he believed the position was reviewed during the last PERS audit and was not questioned. Councilmember Hall said she would vote in favor of the motion because she believed the position was part and parcel of the Buildings and Grounds Division and should be reviewed. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCIL - MEMBER KASPER, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER HERTRICH IN FAVOR; COUNCILMEMBER DWYER AND COUNCILMEMBER WILSON OPPOSED. AUTHORIZATION TO CALL FOR BIDS FOR FIRE DEPARTMENT BUILDING AT FIVE CORNERS [ITEM (D) ON THE CONSENT AGENDA] 3 — Councilmember Hertrich stated that future plans of the Fire Department were very important. He said he did not know whether the requested expenditure was necessary. He requested that future plans be discussed amongst the Council. Mayor Naughten noted the requested expenditure was dis- cussed by the Council in the recent past. * Councilmember Jaech requested that Fire Chief Jack Weinz refresh her recollection of the remodel- ing. Chief Weinz said the maintenance and storage building will be replaced with a new structure serving the same purpose. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR THE FIVE CORNERS BUILDING FOR THE FIRE DEPARTMENT. MOTION CARRIED. *See Council Minutes of January 12, 1988 EDMONDS CITY COUNCIL MINUTES Page 2 JANUARY 5, 1988 AUTHORIZATION TO IMPLEMENT CONSULTANT SELECTION PROCEDURES FOR TALBOT PARK DRAINAGE BASIN STUDY LITEM F N THE CONSENT AGENDA AUTHORIZATION TO IMPLEMENT CONSULTANT SELECTION PROCEDURES FOR SHELL CREEK AND HINDLEY CREEK BASIN IMPROVEMENTS LITEM G ON THE CONSENTAGENDA] Councilmember Jaech noted that Council action was pending with respect to the other two studies that were conducted. She questioned whether the Council would be "getting ahead of themselves" if Items (F) and (G) were approved. Community Services Director Peter Hahn said the Three Year Capital Improvements Program provides for the continuation of studies in other drainage areas in the City as well as the commencement of work identified in studies that have already been conduct- ed. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO FURTHER DISCUSS THE ISSUE ON FEBRUARY 9, 1988 (AFTER THE JANUARY 23 URS PRESENTATION REGARDING DRAINAGE BASINS). MOTION CARRIED. ,4��& b`"r' ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ARCHITECTURAL DESIGN BOARD DECIS ON APPLICATION FOR PR P SED R T IL BUILDING WITH GAS PUMP ISLAND AT 018 PUGET DR. ADB-90-86 ITEM K ON THE CONSENT AGENDA Councilmember Jaech inquired if the concerns raised by the Council during the hearing process will be addressed by Staff. City Attorney Scott Snyder replied affirmatively. He reviewed what he had drafted in the Findings in connection with those concerns. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ITEM (K). MOTION CAR- RIED, WITH COUNCILMEMBER HERTRICH ABSTAINING. (Councilmember Hertrich was not a member of the Council when the hearing took place.) AUDIENCE Mayor Naughten opened the audience portion of the meeting. Mike Cooper, 820 Maple Street, congratulated the elected Councilmembers and, in particular, Coun- cilmember Kasper. He said he hoped that the citizens who ran for a position on the Council that were not elected will "lay down their swords and bury the hatchet". Mayor Naughten closed the audience portion of the meeting. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING VARIANCE FOR SIGN AT 51 W. DAYTON ST., #2O8 V-26-87/APPELLANT: SEGALBAUM PEALE Mayor Naughten announced that the item was postponed to February 16, 1988 at the request of the appellants. Mayor Naughten inquired if anyone in the audience wished to speak to the issue. No input was offered. HEARING ON PLANNING BOARD RECOMMENDATION_ TO AMEND EDMONDS COMMUNITY DEVELOPMENT CODE IN REGARD TO GAS STATIONS AND CONVENIENCE STORES CDC-6-87 6-0 G ��e�-� Councilmember Kasper inquired if the Council received the minutes from all of the hearings that were held in connection with the issue. Planning Division Manager Mary Lou Block replied nega- tively. He requested that those minutes be provided to the Council. Ms. Block reported that the Planning Board held a public hearing on October 14, 1987 to consider potential changes to the Edmonds Community Development Code (ECDC) regarding gas stations and convenience stores. She said the Board felt that both gas stations and convenience stores in either the BC or BN zone districts should be required to obtain conditional use permits due to the potential impacts of these types of uses. In addition, the Board felt that new definitions were needed to describe convenience stores, service station (including self-service stations), and to modify the current definitions of drive-in businesses and conditional uses. Ms. Block noted that a copy of the Planning Board's recommendation and the minutes of their Octo- ber 14, 1987 meeting were included in the Council packets. Ms. Block said it is the recommendation of Staff to adopt the Planning Board's recommendation and direct the City attorney to prepare the necessary ordinance. Pis. Block said a summary of the requirements of other local jurisdictions was reviewed and all but one jurisdiction requires a conditional use permit for the above -mentioned uses. EDMONDS CITY COUNCIL MINUTES Page 3 JANUARY 5, 1988 Ms. Block reviewed the recommendation of the Planning Board with the Council. Councilmember Kasper inquired about the rationale for regulating the uses but not requiring a conditional use permit for supermarkets in BN zones. He said he did not believe the smaller businesses should be regulated as proposed. Ms. Block said the supermarkets are regulated by SEPA, but the smaller operations are exempt from SEPA review. Councilmember Hertrich inquired how the figure of 1,000 square feet was arrived at in Section 21.15.092. Ms. Block said that figure was arbitrarily chosen. Mayor Naughten opened the public portion of the hearing. Jeff Palmer, 17510 - 76th Ave. W., in response to Councilmember Kasper's question regarding the minutes, noted that discussions of the issue were held in January 1987, August 26, September 23, and October 14. Councilmember Hertrich inquired if additional clauses could be inserted in Section 21.15.090 to further define the uses that require a conditional use permit. City Attorney Scott Snyder said that section defines the category, but each zone has a more specific listing of a use requiring a conditional use permit. Councilmember Hertrich inquired if one of two uses requiring a condition- al use permit can be eliminated during a hearing process or if a conditional use permit would be required for each use. Mr. Snyder said he would counsel Staff and the Council to review the combined use and either approve or disapprove it, putting the burden on the applicant to design the project. Councilmember Hertrich inquired where provisions for a conditional use permit, such as the City of Lynnwood has adopted, i.e., due to traffic patterns, potential on -site or off -site traffic, pedestrian accident potential, would be included in the Code. Mr. Snyder said general policy plan provisions are contained in Chapter 15 and are incorporated in other sections of the Code as long as they do not conflict with any permitted attribute of a zone. Councilmember Hertrich said he would like the purposes and reasons for the requirement of a conditional use permit included in the Code. Mr. Snyder said he could include that language as legislative find- ings in any ordinance that would enact those provisions. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THE DISCUSSION TO FEBRU- ARY 9, 1988 TO DISCUSS THE WORDING OF THE PROPOSED CHANGES TO THE ORDINANCE. MOTION CARRIED. Councilmember Kasper inquired if the discussion should be continued to a date when audience par- ticipation is allowed. Councilmember Dwyer said he presumed the Council could amend the ordi- nance that evening without having to repost the hearing and, therefore, would not have to repost the hearing for further discussion. Mr. Snyder said a further hearing would be neces- sary only if the Council were to add an additional requirement or impose an additional restric- tion on a use. HEARING ON CURRENT ORDINANCE REGULATING 1% FOR ARTS Several questions have been raised on the regulation of the ordinance. Staff is formulating a / 7o �°vstep-by-step time schedule and budget procedure to keep everyone informed of upcoming projects and to determine if they qualify. Jerry Ward, 1125 Vista Place, Edmonds Art Commission, explained that the purpose of the discus- sion was to clarify when 1% for Arts should be applied. Councilmember Wilson inquired if other local jurisdictions that have adopted the 1% Arts Ordi- nance "nit-pick" when implementing the ordinance. Mr. Ward said he did not believe so. He said their procedures are well established, as are the City's procedures, whereby capital improvement projects have been defined and 1% is applied. Councilmember Kasper said the Council shouldclarify if 1% for Arts should be applied for wa- ter/sewer projects. Councilmember Dwyer said the ordinance is more liberal and definitive in some respects than he had thought and also answers some concerns that were raised. He said he did not realize that a $$100,000 was referenced in the ordinance. Councilmember Hall said a policy regarding 1% for Arts ordinance has not been clearly established and should be discussed during a work meeting. City Attorney Scott Snyder referred to Section 4 of the proposed ordinance. He clarified that the Council has obligated itself as part of the budget to appropriate at least $100,000 on an annual basis and, in addition, 1% will be applied to a project. 1 EDMONDS CITY COUNCIL MINUTES Page 4 JANUARY 5, 1988 Councilmember Kasper inquired if Mr. Ward was suggesting that a theatre tax be implemented to, generate revenues for the arts. Mr. Ward replied negatively. He suggested that a per capita tax be considered. Mayor Naughten opened the public portion of the hearing. \\ Win Bainbridge, Edmonds Art Commission, 9712 - 228th Pl. S.W., said the Commission is designing a brochure which addresses -the Art Ordinance and will be disseminated to the public. She said the Commission would appreciate City support. Councilmember Hertrich inquired what the Commission anticipated its annual budget to be in 1988. Linda McCrystal, Arts Coordinator, said the Commission's typical annual budget is approximately $20,000, excluding her salary. She noted that the Commission generates additional monies through the sale of various items, and one-half a percent of the Hotel/Motel Tax is appropriated to the Arts Tourism Budget. Councilmember Wilson inquired if the Hotel/Motel Tax was included as part of the annual budget. Mr. Ward replied affirmatively. Councilmember Dwyer inquired how the City has escaped the obligation to allocate $100,000 each year to the Municipal Arts Fund. Mr. Snyder said the amount of money appropriated annually to that fund was determined by the Council with a cap of $100,000. Councilmember Wilson recommended that the Council and Arts Commission meet in the near future to discuss and formulate clearer guidelines regarding 1% for Arts Ordinance. Dick Hill, 1242 Coronado Place, noted that 1% of $40 million for construction of the secondary wastewater treatment plant was quite a sum of money to allocate for artistic treatment. Mayor Naughten noted that the cost to the City to construct the plant is $18 million and 1% of that figure is $180,000. Councilmember Hall stated that the issue of whether or not participating agencies should contribute to artistic treatment has not but should be resolved. Councilmember Dwyer said he did not think it was appropriate for the Council to flagellate them- selves regarding the City's 1% for Arts Ordinance when considering the large number of exclusions provided in the other local jurisdictions' ordinances. He said those ordinances were far less generous than the City's. He added that the ordinance does not specify that the participating agencies of the treatment plant must appropriate 1% for artistic treatment. He suggested that the City focus on the intent of its own ordinance or amend the ordinance if the Council was dis- satisfied with its provisions. Councilmember Wilson suggested that further discussion of the ordinance take place on March 8, 1988. Mayor Naughten closed the public portion of the meeting. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONTINUE THE DISCUSSION OF 1% FOR ARTS ORDINANCE TO MARCH 8, 1988. MOTION CARRIED. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING 3 LOT SUBDIVISION AT 652 - 3RD. AVE. N. AP-11-87/APPELLANT: W.L. HARPHAM Planning Division Manager Mary Lou Block reported that on September 16, 1987, Staff granted pre- liminary approval for a proposed three lot short subdivision to Eleanor Loomis for her property at 652 - 3rd Avenue North. On September 26, 1987, William Harpham filed an appeal asking that the subdivision be denied. The Hearing Examiner held a public hearing on appeal on November 5, 1987. He issued his report on November 23, 1987 denying the appeal. On December 3, 1987, Mr. Harpham filed an appeal seeking to overturn the Hearing Examiner's decision. Ms. Block said the primary issue involved in this case is traffic and its impact on neighboring properties. The appellant's concern is that the proposed access road will be too close to his residence and that its location is too close to the intersection of 3rd Avenue North and Caspers Street. Ms. Block said the proposed short subdivision involves, no variances from any Code requirements. The Engineering Division has reviewed the proposed subdivision in light of the issues raised by the appellant and finds no significant adverse traffic impacts associated with the proposal. Ms. Block noted that a copy of the appeal letter, Hearing Examiner's report, and a copy of the short subdivision were included in the Council's packets. EDMONDS CITY COUNCIL MINUTES Page 5 JANUARY 5, 1988 Ms. Block said it is the recommendation of Staff to uphold the Hearing Examiner's decision. Ms. Block reviewed the Hearing Examiner's Conclusions and Decisions. Ms. Block then reviewed the configuration of the proposed preliminary short subdivision on the overhead projector. Councilmember Hertrich inquired about the distance from the existing house on Lot 1 to the south- ern property line. Ms. Block replied 22.4 feet. Councilmember Hertrich inquired about the dis- tance of the north elevation of the house to the property line. Ms. Block replied 1.3 feet. Mayor Naughten opened the public portion of the hearing. Bill Harpham, 625 Giltner Lane, said he disagreed with the Engineering Division that no sig- nificant adverse traffic impacts are associated with the proposal. He said 3rd Avenue North is a very heavily congested area, and the corner of 3rd Avenue is unreasonably congested due to the Sunset Way revisions. He contended that the traffic patterns associated with the proposed Loomis subdivision in 1979 have worsened. In addition, he said Mrs. Loomis declined an offer by the developer of Giltner Lane of an easement onto Giltner Lane, thus landlocking her property. Mr. Harpham inquired if the Council received a copy of letters he wrote to the Planning Depart- ment on September 3rd and November 5, 1987. He said he felt issues that were raised in those letters have been overlooked. He requested the Council to review those letters. Councilmember Hertrich inquired if Mr. Harpham owned the trees on the southwest corner. Mr. Harpham replied affirmatively. Councilmember Hertrich inquired when the garage was constructed on Lot #1. Mr. Harpham replied approximately a year ago. Councilmember Hertrich inquired if access was provided to the garage. Mr. Hapham replied negatively. He said they drove across the grass. Jerry Lovell, representing Eleanor Loomis, stated that the City Traffic Engineer testified in previous hearings that the traffic pattern will not be adversely affected by the proposed subdivi- sion. Mr. Harpham said it had been stated in the summary of opposition of the Edmonds Board of Adjust- ments that the proposed subdivision will devaluate surrounding property. He said home owners have a right to defend their property. Warren Murphy, 814 Alder, noted that access was provided to the garage in question via a curb cut. Mr. Murphy said Mrs. Loomis purchased her property in 1967, has been paying taxes every year, and should be allowed to develop her property as she desires so long as it conforms to Code. Councilmember Hertrich inquired if testimony was given regarding the traffic count in the vicini- ty of 3rd Avenue. Mr. Harpham said he believed sv but thought the information was only an estimate. City Attorney Scott Snyder, in response to Mr. Harpham's statement regarding the devaluation of surrounding properties, noted that when an applicant for a subdivision requests a modification or variance from the subdivision ordinance established criteria, one of the criteria for the Council to review is whether or not there will be a devaluation of neighboring properties. He said, however, when an individual requesting subdivision approval meets the specific criteria of the statute, impact on neighboring property values is not among the subdivision review criteria. Mayor Naughten closed the public portion of the hearing. Councilmember Kasper said he has looked at the subject property and failed to see how the pro- posed subdivision would adversely impact traffic. He said he believed the subdivision should be granted as proposed. Councilmember Hall concurred. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO UPHOLD THE HEARING EXAMINER'S DECISION. Councilmember Hertrich suggested that the Council review the letters that Mr. Harpham referred to earlier.. He .expressed concern that the proposed subdivision, if approved, would create a substandard lot because only a minimal setback existed on the north elevation and that site dis- tance on Giltner Lane would be impaired due to the proximity of the driveways on Lots 1 and 2. A ROLL CALL VOTE WAS TAKEN. MOTION CARRIED WITH COUNCILMEMBER HALL, COUNCILMEMBER KASPER, COUN- CILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER JAECH, AND COUNCILMEMBER HERTRICH OPPOSED. EDMONDS CITY COUNCIL h1INUTES Page 6 JANUARY 5, 1988 PROPOSED ORDINANCE 2649 AMENDING 1987 BUDGET AS RESULT OF UNANTICIPATED TRANSFERS AND EXPENDI- TURES OF VARIOUS FUNDS Since September 1, the City Council has authorized several transfers of money from one fund to B another which increased the expenditures. State law requires an ordinance be adopted effectuat- ing such transfers and increases in expenditures. It is City practice to consolidate such transfers and increases in expenditures by amending the budget at mid -year and year end, if necessary. State law requires that there be an opportunity for public comment before the ordinance is adopted. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE PROPOSED ORDINANCE. City Attorney Scott Snyder reminded the Council that State law requires that public comment be allowed. COUNCILMEMBER KASPER WITHDREW THE MOTION. Mayor Naughten inquired if anyone wished to speak to the issue. No input was offered. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE PROPOSED ORDINANCE. MOTION CARRIED. REQUEST FOR APPROVAL OF INCORPORATING 212TH ST. WIDENING INTO CITY'S FEDERAL AID PROJECT a On December 1, 1987, the School District requested the Council to include the widening of 212th as part of the City's Federal Aid project for street overlaying. The City Council stipulated that the School District make some commitment to demonstrate a two-way reciprocal cooperation. The Council passed a specific motion stipulating that the District participate in funding 17% of the 212th widening costs and participate equally in the installation of a traffic signal at Woodway High School. The District has agreed to enter into an interlocal agreement in accordance with the City Council motion. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AMEND THE SCOPE OF THE 212TH ST. FEDERAL AID PROJECT TO INCLUDE THE WIDENING RELATED TO THE HIGH SCHOOL PROJECT AND AUTHORIZE THE MAYOR TO SIGN THE INTERLOCAL AGREEMENT IMPLEMENTING THE COUNCIL MOTION. MOTION CARRIED. CLARIFICATION OF COUNCIL MOTION TO AMEND BUDGET ORDINANCE N0. 2648 The amendment on December 20 transferring $642,000 to the Council Contingency Fund included q $g $64,338 from the Water/Sewer Fund which had been appropriated for a water maintenance person and two sewer maintenance persons. Monies from the Water/Sewer Fund cannot be transferred to another fund that is not specifically designated for water/sewer operation, maintenance, and capital projects. Councilmember Jaech noted that there was a question amongst the Council as to what percentage of the revenues that were generated from the sale of the property in Perrinville should be allocated to the Water/Sewer Fund and General fund so the Council made a motion to temporarily freeze those funds until the disposition was decided. City Attorney Scott Snyder commented that Administra- tive Services Director Art Housler felt the proper allocation of those funds was to the Wa- ter/Sewer Fund. Councilmember Jaech stated that documentation had not been provided that the funds emanated from the Water/Sewer Fund. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DWYER, TO TRANSFER $64,338 FROM THE COUNCIL CONTINGENCY FUND TO THE WATER/SEWER FUND. MOTION CARRIED. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL - MEMBER WILSON, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED. MAYOR Mayor Naughten suggested that the Council interview candidates for the Architectural Design Board and Library Board on January 12 at 6:15 p.m. Mayor Naughten said a request was submitted for reappointment of John Steinberger to the Ceme- tery Board. There being no objection, Mr. Steinberger was reappointed to Position 6 on the Ceme- tery Board, term to expire December 31, 1991. Mayor Naughten noted that a liquor license application was pending approval for the Thai Restau- rant and if no objection was noted, it would be forwarded for approval. No objection was noted.. EDMONDS CITY COUNCIL MINUTES Page 7 JANUARY 5, 1988 ,a Mayor Naughten said the Planning Board wished to know if the Council would like it to review view impacts of new construction. Councilmember Dwyer replied affirmatively, so long as the issue was placed as a low priority item on their list of already-prioritzed items. COUNCIL Council President Wilson reminded the Council of the NLC meeting in Washington D.C. from March 19 through the 22. Council President Wilson inquired when the Council wished to discuss finalization of the budget. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO SCHEDULE A BUDGET WORK SESSION ON FEBRUARY 6, 1988 AT 8:30 A.M. IN THE COMMUNITY SERVICES BUILDING. MOTION CARRIED. Discussion ensued regarding the trip to Hekinan, Japan in the Spring. COUNCIL PRESIDENT WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THREE CITY REPRESENTATIVES (IN ADDITION TO THE MAYOR, WHO HAS HIS OWN BUDGET FOR THE PROGRAM) BE SENT TO HEKINAN, JAPAN AND THAT $6,500 BE APPRO- PRIATED FOR THE SISTER CITY DELEGATION. MOTION CARRIED WITH COUNCILMEMBER JAECH OPPOSED. She 4.01" said although she thought the Sister City Program was beneficial, she felt it was improper to spend taxpayers' dollars for what ultimately becomes a "nice vacation in Japan" when other propos- als could not be afforded. Councilmember Kasper said the City wholeheartedly entered into the Sister City Program and fund- ing was included as part of the program. He said it was the City's obligation to make a courtesy visit to Japan. Councilmember Dwyer congratulated Public Works Superintendent Bobby Mills and Administrative Services Director --Art Housler in prevailing in a small claims case. ,�ounci1member Dwyer inquired if it was the Council's intent to allocate $17,000 annually for �labor negotiations. Because the Council had not established a format, Councilmember Kasper sug- gested that the Mayor make a recommendation to the Council in the future. Councilmember Nordquist inquired when the City is required to elect a new Council President. Mayor Naughten said the election is scheduled next week. Councilmember Hall said the Council received a letter from Linda McCrystal requesting clarifica- tion of ownership of the "Clam Diggers" painting. Councilmember Jaech noted that the Council 1p purchased the painting and said it belonged to the City. However, it will be rotated in the City along with other artwork. Councilmember Hertrich said he was appointed to serve on the Drug Enforcement Task Force. He said he was of the impression that newspapers should warn the public that drug enforcement will be heavily undertaken in Snohomish County. Council President Wilson welcomed Student Representative Martha Dubick to the Council. Councilmember Kasper requested that the Council Resource Assistant provide the Council with a tickler calendar to keep them advised of action being taken on Council requests. The meeting recessed to an Executive Session at 10:26 p.m. to discuss labor negotiations for approximately 15 minutes and adjourned thereafter. These minutes are subject to January 12, 1988 approval. JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 8 JANUARY 5, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JANUARY 5, 1988 CALL TO ORDER FLAG SALUTE 1. OATH OF OFFICE GIVEN TO MAYOR NAUGHTEN AND COUNCILMEMBERS NORDQUIST, ( 5 MINUTES) JAECH, KASPER, AND HERTRICH 2. ADOPTION OF RESOLUTION 667 COMMENDING COUNCILMEMBER LLOYD OSTROM, AND ( 5 MINUTES) PRESENTATION 3. PRESENTATION OF COMMENDATION TO KENNETH E. HASKELL ( 5 MINUTES) RECESS --REFRESHMENTS (20 MINUTES) 4. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 29, 1987 (C) AUTHORIZATION FOR MAYOR TO SIGN RENEWAL OF LANDSCAPE SERVICES CONTRACT FOR 1988 WITH ELIZABETH GREENLEAF (D) AUTHORIZATION TO CALL FOR BIDS FOR FIRE DEPARTMENT BUILDING AT FIVE CORNERS (E) APPROVAL OF PUD EASEMENT AND AUTHORIZATION TO CALL FOR BIDS FOR BALLINGER SEWER COLLECTION SYSTEM (F) AUTHORIZATION TO IMPLEMENT CONSULTANT SELECTION PROCEDURES FOR TALBOT PARK DRAINAGE BASIN STUDY (G) AUTHORIZATION TO IMPLEMENT CONSULTANT SELECTION PROCEDURES FOR SHELL CREEK AND HINDLEY CREEK BASIN IMPROVEMENTS (H) FINAL ACCEPTANCE OF WORK BY COMO CONTRACTORS, INC., ON 8TH AVE. S. WATER PIPELINE PROJECT, AND SET 30-DAY RETAINAGE PERIOD (I) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR MUNICIPAL JUDGE PRO TEMPORE SERVICES (J) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM JOHN R. KENNEDY, JR. ($200,000) (K) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF ARCHITECTURAL DESIGN BOARD DECISION ON APPLICATION FOR PROPOSED RETAIL BUILDING WITH GAS PUMP ISLAND AT 1018 PUGET DR. (ADB-90-86) (L) AUTHORIZATION TO PURCHASE TWO K-9 POLICE CARS ($28,000) (M) APPROVAL OF 1988 EQUIPMENT RENTAL RATES 5. AUDIENCE 6. HEARING ON APPEAL OF NEARING EXAMINER DECISION REGARDING VARIANCE FOR SIGN AT 51 W. DAYTON ST., N208 (V-26-87/APPELLANT: SEGALBAUM R PEALE) (20 MINUTES) 7. HEARING ON PLANNING BOARD RECOMMENDATION TO AMEND EDMONDS COMMUNITY (45 MINUTES) DEVELOPMENT CODE IN REGARD TO GAS STATIONS AND CONVENIENCE STORES (CDC-6-87) 8. HEARING ON CURRENT ORDINANCE REGULATING 1% FOR ARTS (20 MINUTES) 9. HEARING ON APPEAL OF HEARING EXAMINER DECISION REGARDING 3-LOT (30 MINUTES) SUBDIVISION AT 652 3RD AVE. N. (AP-11-87/APPELLANT: W. L. HARPHAM) 10. PROPOSED ORDINANCE 2648 AMENDING 1987 BUDGET AS RESULT OF UNANTICIPATED ( 5 MINUTES) TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS) 11. REQUEST FOR APPROVAL OF INCORPORATING 212TH ST. WIDENING INTO CITY'S ( 5 MINUTES) FEDERAL AID PROJECT 12. CLARIFICATION OF COUNCIL MOTION REGARDING BUDGET ORDINANCE 2648 ( 5 MINUTES) 13. MAYOR 14. COUNCIL 15. EXECUTIVE SESSION - LABOR NEGOTIATIONS THE -PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE ;,t