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06/21/1988 City CouncilTHESE MINUTES SUBJECT TO JUNE 28, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES June 21, 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 Street 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 Oubick, Student Rep. PRESENTATION OF COMMUNITY SERVICE AWARD TO DR. HAL REASBY 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. Art Housler, Admin. Svs. Dir. Jackie Parrett, City Clerk Karin Noyes, Recorder Mayor Naughten presented a Community Service Award to Dr. Hal Reasby, retiring Edmonds School District Superintendent, as a token of the City's appreciation for his service to the community. ' Mayor Naughten said the City's educational system has been identified as one of the quality dis- tricts in the state. He said that Dr. Reasby has been a special friend to Edmonds and he present- ed him with an "Edmonds" poster. Mayor Naughten noted that the school district has participated in the Beach Ranger Program and the Meadowdale Playfield project. Dr. Reasby thanked the City of Edmonds. He said that he has experienced a good relationship with the City and has been.able to accomplish many projects. He added that the high school stadium will be completed by September for the first football game. Councilmember Nordquist added that Dr. Reasby attended one of the Council's dinner meetings in 1980 at which the possibility of getting the students more involved in the City was discussed. Councilmember Nordquist said it was at this meeting that the concept of the Student Representa- tive to the City council evolved, around a suggestion that the Council appoint one high school student every quarter to participate with the City Council. This student, although not allowed to vote, participates in the Council's discussion and it has been so successful that other local cities have followed suit. On behalf of the Brackett's Landing Task Force, Frances Murphy presented Dr. Reasby with a gift as a token of their appreciation. She said that without his and the school district's coopera- tion, this project would not have been as successful. CONSENT AGENDA Items (B), (F), (G), and (I) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCIL PRESIDENT DWYER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CAR- RIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) .ACKNOWLEDGMENT"OF RECEIPT OF CLAIM FOR DAMAGES FROM M.C. "KARL" HARMON ($320) Q (D) APPROVAL OF TEMPORARY CONCESSION AGREEMENT WITH BOY SCOUT TROOP 301 FOR 4TH OF JULY CHICKEN-Q t3;J L (E) REPORT ON BIDS OPENED MAY 31, 1988 FOR TWO-YEAR UNIFORM CONTRACT AND AWARD OF BID TO MARYATT INDUSTRIES ($19,229.04) Q m (H) ACCEPTANCE OF QUIT CLAIM DEED FROM RODRIC AND DOROTHY MEHUS FOR RIGHT-OF-WAY ADJACENT TO 21526 80TH AVENUE WEST (J) ADOPTION OF PROPOSED ORDINANCE 2673 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING FAMILY HOME DAYCARE AND MINI -DAYCARE REGULATIONS (CDC-1-88) -(K) REJECTION OF BIDS FOR CONSTRUCTION OF A 2' HIGH CURB AT SEAVIEW PARK AND AUTHORIZATION TO SOLICIT NEW BIDS APPROVAL OF MINUTES OF JUNE 7, 1988, [Item (B) on Consent Agenda] Councilmember requested one change to the minutes. She pointed out on Page 4, Paragraph 7, first line, 164th Street should be changed to 168th Street. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE MINUTES OF JUNE 7, 1988, WITH THE CHANGE REQUESTED ABOVE. MOTION CARRIED. AUTHORIZATION TO REIMBURSE REID, MIDDLETON & ASSOCIATES FOR TRANSFER OF RECORDS AND DRAWINGS TO CITY OF EDMONDS 4,000 Item FT on Consent AgendaJ Councilmember Nordquist expressed disappointment that after being involved for such a long period of time with the City, Reid, Middleton & Associates felt it was necessary to charge the City $4,000 for a copy of their records. He commented that it would have been a nice gesture for Reid, Middleton, & Associates to give the City the records. He said he would vote against this approval because he did not feel it was right. Council President Dwyer inquired if staff had an opinion on who has title of these records. Mr. Alberts, City Engineer, said the agreement years ago between Reid, Middleton & Associates and the City stated that all of the records belong to the consultant. He said this was common practice at the time. Mr. Alberts said that today, agreements between a consultant and a City usually state that the records belong to the City. Mr. Alberts explained that the City is actually going to purchase the records in file cabinets, and they will be moved in.the file cabinets. The cost will include microfilming the records for Reid-Middleton's files. Councilmember Hall said that as she has observed over the years, there were very generous arrange- ments extended to the City by Reid, Middleton & Associates. The City had ready access to the drawings and files and it has gotten its money's worth. She said because of this, she is willing to pay the price. Council President Dwyer said he agreed with Councilmember Nordquist. He said that here is a company that has made hundreds of thousands of dollars over the years from the City. He felt that asking the City to pay $4,000 for their records is "nickel and diming" a good client. Al- though it is legal, it is not good business practice. Councilmember Hertrich inquired if the $4,000 would pay for the transfer of the records or the rights to transfer. Mr. Alberts said this amount would pay for whatever it takes to have the records transferred and microfilmed. Mr. Alberts said this would be the first time the City has had free access to these records. Councilmember Hertrich indicated that, although he has mixed feelings, he would vote in favor of this request. Councilmember Jaech inquired about the volume of the records being transferred. Mr. Alberts explained the amount of records the City will be transferring. He said they would be stored in the public works building. Councilmember Jaech inquired if staff has had a professional estimate the cost of this project. She also inquired where this person would do the microfilming. Mr. Alberts said that John Olsen has given the City an estimate on the cost for this service and all the copy work would be done at Reid, Middleton & Associates. EDMONDS CITY COUNCIL MINUTES Page 2 June 21, 1988 Councilmember Jaech asked why the City does not just keep the microfilm and give Reid, Middleton & Associates back the drawings. Mr. Alberts explained that the drawings are more valuable to the City than microfilm because staff cannot work from microfilmed drawings. Councilmember Hertrich inquired how much it would cost the City to have duplicate microfilm cop- ies. Mr. Alberts indicated it would probably be almost double the cost. Councilmember Hertrich felt it would good to have an extra copy of the microfilm in case the first copy is damaged. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE EXPENDITURE, NOT TO EXCEED $4,000, TO REID, MIDDLETON & ASSOCIATES FOR TRANSFER OF RECORDS AND DRAWINGS TO THE CITY OF EDMONDS. MOTION CARRIED, WITH COUNCILMEMBER NORDQUIST VOTING AGAINST THE MOTION. APPROVAL OF INTERLOCAL AGREEMENT WITH LYNNWOOD FOR 208TH STREET SOUTHWEST UAB PROJECT [Item (G) on onsent gen a oCt1ra Councilmember Wilson said that in looking through the document and comparing it to the motion 0 ukd�. ,made and passed by the Council on March 15, there is a discrepancy. The motion read that the v City of Edmonds has an equal right of approval or rejection in every aspect of this project. The closest thing to this in the agreement is that Edmonds and Lynnwood shall have equal rights of review of this project. Councilmember Wilson felt this was watered down from the Council's posi- tion. Mr. Alberts said that Mayor Naughten and Mr. Hahn met with the Mayor of Lynnwood and to discuss the agreement. Mr. Hahn explained that there must be a mistake in the drafting of the agreement because their discussion included the motion. Mr. Hahn said that he took a copy of the motion to the meeting and Lynnwood had no objection to the wording in the motion. Mr. Hahn said the lan- guage in the motion was intended to be in the agreement. COUNCIL PRESIDENT—DWYER MOVED, SECONDED BY COUNCILMEMBER KASPER TO DELAY THE APPROVAL OF THE AGREEMENT UNTIL JUNE 28, 1988, AND ASK THE CITY ATTORNEY TO INSERT THE LANGUAGE FOUND IN THE MINUTES. Councilmember Kasper inquired if the motion could also indicate that the minimum price on the land should be $20,000. BOTH THE MAKER OF THE MOTION AND THE SECONDER AGREED TO INCLUDE THE MINIMUM PRICE OF $20,000 IN THE MOTION. MOTION CARRIED. e AUTHORIZATION FOR MAYOR TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH KRAMER, CHIN, & MAYO N., FUR --SHELL K B S S N PROJECT X, ~1 Councilmember Hertrich explained that he met with the Community Services Committee to discuss the incident at Black Diamond which involved the company of Kramer, Chin, & Mayo. He said he still has reservations about this particular company and there were a number of things in the report from Jerry Hauth that he feels should have been handled by the company better. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCIL PRESIDENT DWYER, THAT THE COUNCIL SELECT A DIFFERENT COMPANY FOR THIS PROJECT. Mayor Naughten said that as a member of the Consultant Selection Committee, along with Councilmem- ber Nordquist and Councilmember Kasper, he also was at the meeting where this company explained the situation that occurred at Black Diamond. Mayor Naughten said he feels comfortable with the explanation given at that meeting. He pointed out that the company has been in business in the 'area for a number of years and has handled any problems with projects in a favorable manner. Mayor Naughten said he had no problem accepting this contract. Councilmember Hertrich said that the company's explanations for the problems in Black Diamond were not very good. There were problems with the contractors and a lot of "dropping the ball." Councilmember Hertrich stated that they did not manage the job properly. Councilmember Nordquist said that, in fairness, Mr. Hertrich was concerned about the project at Black Diamond because the sewer line did not come to his property. Councilmember Hertrich ex- plained that he was taxed for an LID on the property and it was not provided. Councilmember Hertrich said that is not the issue, but he is concerned with the quality of work of the proposed contractor. Councilmember Nordquist said that he found the explanations given by the contractor were ade- quate. He said he worked with this company while at Community Transit and was very comfortable with them. EDMONDS CITY COUNCIL MINUTES Page 3 June 21, 1988 Councilmember Hall said that at one time she felt Kramer, Chin, and Mayo appeared to be getting too many of the local projects. Since the City has not contracted with them for a while, she felt the City should give them the opportunity. Councilmember Kasper said that the Committee received good recommendations from those working on the Ballinger project, and he felt this company covered all the bases at the last meeting. MOTION FAILED, WITH COUNCILMEMBERS HERTRICH AND DWYER THE ONLY YES VOTES. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AUTHORIZE MAYOR TO EXECUTE THE PROFESSIONAL SERVICES AGREEMENT WITH KRAMER, CHIN & MAYO, INC., FOR SHELL CREEK BYPASS STORM DRAINAGE PROJECT. MOTION CARRIED, WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER DWYER VOTING AGAINST THE MOTION. AUDIENCE Denise Bohnke, 18829 - 94th Avenue West, said she wished to voice her opposition to the liquor license application for the business at 1015 Puget Drive. She read her written letter to the �n ,r'ob�✓ Council. The letter expressed the following reasons for opposition to the liquor license: 1. There will be increased traffic. 2. The owner will be an absentee owner. How can the people who live in the area be insured that their neighborhood will be preserved. Will the applicant know or care? Ms. Bohnke once again encouraged the Council to deny the liquor license. Jane Cunningham, 1030 Grand View Street, asked the Council to oppose the liquor license. She referred to a letter she submitted to the Council. She said she could see no reason for this business to sell liquor. There are already two stores in the area that provide this service. Harold Schnarre, 1028 Puget Drive, protested the granting of a liquor license to allow beer and wine sales at this particular store. He referred to a letter he submitted to the Mayor's Office and he presented the Council with a petition with over 900 names of people opposing the liquor li- cense. Mayor Naughten noted that the Council would discuss this issue later during the Mayor's portion of the agenda. Frank Cunningham, 1030 Grand View Street, said that perhaps if the applicants knew of the neigh- bors' concerns, they would withdraw their request. He asked the Council to make sure that all of the police records on the other two stores are made available to the applicant. Councilmember Hertrich suggested that Mr. Cunningham describe the types of problems the neighbor- hood has experienced as a result of the other two stores selling liquor. Mr. Cunningham said they have had arson fires, petty theft, violations of property rights, cans of beer being thrown through their yard or stashed in their yard, and numerous other incidents. Councilmember Hertrich said the Council received a report in their packet from the Police Depart- ment stating that there have been no problems in the past. Garrett Goldsmith, 1427 Olympic View Drive said that for the past eight years when he picks up his mail, he also has to pick up the empty beer bottles that are scattered near the mailboxes. Mr. Goldsmith also said the speed of vehicles racing from Puget Drive to Olympic View Drive is not conducive to rest. This high speed of traffic also places the neighborhood in danger. Mr. Goldsmith said that granting this liquor license would only increase these two problems in the neighborhood. CWC-HDR INC. MONTHLY REPORT AND AUTHORIZATION TO CALL FOR BIDS ON WASTEWATER TREATMENT PLANT Gordon Culp said CWC-HDR submitted a written report on June 9 which he would like to update. He P said that on June 10, the Department of Ecology (DOE) sent two letters to the City --one approving the facility plant so the City could qualify for a grant and another accepting the conditions on the submittal. Mr. Culp said that on June 19, DOE took the letter to the Environmental Protection Agency (EPA). EPA decided to go ahead and give the grant without the project's being 100 percent complete. EDMONDS CITY COUNCIL MINUTES Page 4 June 21, 1988 Mr. Culp explained that normally it takes up to 45 days for the grant to be awarded, but EPA said the grant award has been typed up and is going through the process to obtain the necessary signa- tures. He said there is an outstanding possibility that they will have the funding by July 8, although there are no absolute assurances. Mr. Culp said that advertising for the bid will begin on June 24. This will allow 7 1/2 weeks for the bidding process, approximately two weeks for evaluation of the bids and authorization from the City, one month for EPA to grant approval of the contractor. This schedule would allow the City to meet their October 1 schedule date. Mr. Culp noted that the project should be completed about 7 percent under budget. Mr. Culp said the Department of Fisheries found no impact from the plan. The Department of Fish- eries completed a survey and found that the proposed outfall location has the least effect possi- ble on the eel and geoducks. The Department of Fisheries has no objection to the proposed plan. Mr. Culp recommended the Council proceed by advertising for bids on June 24. Council President Dwyer asked, for audience clarification, how much money would be involved in the grant Mr. Culp mentioned. Mr. Culp said the estimated cost of the plant will be $40 mil- lion. He said 80 percent of that amount will be grant eligible. Of the amount eligible for grant, 55 percent will be from the grant discussed tonight. He said the grant would be for ap- proximately $15 million. Councilmember Kasper inquired how they can go out for bids with only 90 percent of the plans complete. Mr. Alberts said that 90 percent of the plans were complete three weeks ago. Since that time, numerous reviews have been done and the project is now 100 percent complete with one exception. They have received some comments back from the legal counsel in regard to insurance. These comments will be included in an addendum by the end of next week. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE STAFF TO ADVERTISE FOR BIDS FOR THE WASTEWATER TREATMENT PLANT. MOTION CARRIED. Council President Dwyer said that on behalf of the entire Council, he felt it appropriate to recognize that the people at CWC-HDR have been effective in accomplishing what the City is paying them for. Council President Dwyer also said staff is handling the project well. He pointed out that this is the largest project staff has ever handled. It is going very smoothly and he compli- mented staff on their efforts. REVIEW OF APPEAL OF HEARING EXAMINER DECISION REGARDING EXISTING W Council President Dwyer announced that he would not participate in this discussion because he was �f E not in attendance at the previous meeting where this topic was discussed. He had not listened to the tapes of the previous meeting. Mary Lou Block, Planning Manager, referred the Council.to a memo included in their packets. This memo indicated that staff has received no written agreement from the two parties. Ms. Block said that at a previous Council Meeting, Mr. Gross indicated he would not object to the deck if there was a six foot fence along the property line to replace the fence that has fallen down. Ms. Block said the Samiones have begun work to replace the fence and have received the necessary building permits to start the fence. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT A DECISION BE POSTPONED UNTIL THE FENCE IS COMPLETED AND THE COUNCIL HAS HAD THE CHANCE TO REVIEW IT; THE COUNCIL COULD THEN MAKE THEIR DECISION. Councilmember Jaech asked City Attorney Snyder if the Council should require a formal agreement so this issue does not come back to the City when the property changes hands. Mr. Snyder -said the Council could place a condition on the variance that states that if the fence comes down, the deck must also be removed. This would be applicable for future owners of the property as well. Mr. Snyder expressed concern about the Council's postponing approval of the variance until the fence is completed. This would require the applicant to build a fence that would not be necessary if the variance were not granted. EDMONDS CITY COUNCIL MINUTES Page 5 June 21, 1988 Councilmember Hertrich inquired if the lack of an agreement between the two parties would cause problems in the future. Councilmember Hall felt that placing the fence as a condition of the variance would allow the Council to pass the variance without the formal agreement. Councilmember Wilson inquired if the agreement could be incorporated into the findings of fact. Mr. Snyder answered that the advantage of a written agreement between the two parties would be to notify future purchasers of the property of the terms of the agreement. If the agreement is recorded, the future purchaser of the parcel would receive written notice of the requirement. Councilmember Wilson asked if the agreement could be incorporated into the findings of•fact. Mr. Snyder said he would not recommend the Council do this. As a policy matter and a matter of law, Mr. Snyder said the City should avoid using public money to enforce private agreements. The Council discussed the possibility of opening the public hearing to allow both parties a chance to address the Council. Mr. Snyder said that, legally, they should have to notify the public if the hearing is to be reopened. Practically, however, he said if both parties waive the notice requirement, the Council could reopen the public hearing. He recalled that there were no other people who spoke at the public hearing, so he felt the chances of a problem were minimal. THE MOTION AND THE SECOND WERE WITHDRAWN. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER TO WAIVE NOTICE AND REOPEN THE PUBLIC HEARING. Candis Samione, 9308 - 216th Southwest, said that her representative spoke with the Gross' attor- ney and as far as she knows, if she meets the deadline for constructing a fence, the Gross's will have no objection to her deck. She said that the poles were cemented in today and they have a contract with Town and Country Fence to construct a six foot high solid cedar fence. Councilmember Wilson inquired if both parties were in agreement on the design of the fence. Ms. Samione said the fence was supposed to be 6 feet high and well constructed. She said she did not know if the Grosses approve of the design of the fence. Mr. Snyder inquired if Ms. Samione had any objection to reopening the public hearing and waiving her notification rights. Ms. Samione said she did not object. Ms. Samione said that a survey has been done recently and the lot lines are not at the same loca- tion as the fence. The Council informed Ms. Samione that property lines do not fall under the purview of the Council. Pat Gross, 9316 - 216th S.W., said that the fence posts were cemented in today. He said he has not had a chance to examine the posts. Mr. Snyder asked Mr. Gross if he had any objection to reopening the public hearing and waiving his notification rights. Mr. Gross indicated he had no objection. Mr. Gross explained that he is assuming the fence is six feet tall. He said the fence should be completed by Friday. Mr. Gross pointed out that this problem began last September and could have been solved a long time ago. He said his attorney tried to put something in writing and the representative of the Samione's had an objection to doing so. Councilmember Jaech felt the Council should postpone their decision for a week and require the •two parties to work together on a written agreement. Councilmember Hall indicated she is ready to make a decision tonight provided the six foot high fence is being build. She felt that both parties would benefit from the fence and gain their privacy. She felt that to prolong this issue would be an exercise in bureaucracy in which the City should not get involved. Councilmember Wilson inquired if the Grosses approve of the fence. Mr. Gross said that all he has seen of the fence is the posts. He said he has not seen the design of the fence. Mr. Snyder said that the best points have already been made. He said he would not recommend incorporating a private agreement between the two parties into the variance approval. The Coun- cil could require that a deck could only be maintained for as long as the fence is maintained. If the variance meets the criteria and is appropriate so long as the fence is in place, Mr. Sny- der -said he could tie the variance findings together without an agreement between the two parties. EDMONDS CITY COUNCIL MINUTES Page 6 June 21, 1988 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE DECK COULD BE MAINTAINED AS LONG AS THE FENCE IS MAINTAINED. IF, IN THE FUTURE, THE FENCE IS REMOVED, THE DECK WILL BE RE- QUIRED TO COME INTO COMPLIANCE WITH THE CITY ORDINANCES. MOTION CARRIED, WITH COUNCILMEMBER KASPER AND COUNCILMEMBER JAECH VOTING AGAINST THE MOTION. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE FENCE WILL BE REQUIRED TO MEET THE STANDARDS OF THE CITY. MOTION CARRIED, WITH COUNCILMEMBER KASPER AND COUNCILMEMBER JAECH VOTING AGAINST THE MOTION. Ms. Samione requested clarification. She asked what happens if someone purchases her property, and a survey shows the deck to be 2 1/2 feet further from the property line. Mr. Snyder indicat- ed that the Council can not determine property lines. Councilmember Wilson said he is disappointed in both parties that they have not gotten together to resolve this problem. HEARING ON PLANNING BOARD RECOMMENDATION ON CONTRACT REZONE FOR PROPERTY LOCATED ON EAST SIDE F 76TH AVENUE WEST, WEST OF 22130 HIGHWAY 99, FROM RM 2.4 to G R- - PPLIC NT• D UG IK GAMI) Ms. Block noted that this issue had come before them previously in the form of a straight rezone application. She said since that time, Mr. Ikegami has withdrawn his rezone request and submit- �l ted:a request for -a contract rezone. Ms. Block said that the contract rezone responds to the concerns of the Planning Board and the neighborhood. She said that on May 25, the Planning Board held another public hearing on the new contract rezone proposal: At that time, the Planning Board felt the contract rezone would ensure that other uses generally allowed in the CG zone would be prohibited. The Board voted to approve the contract rezone. Ms. Block said the Planning Board, along with their recommendation for approval, recommend that the ADB consider the following three items in review of this project: 1. Buffering on the north, south, and west sides of the property and the visual impact and topography and how that may or may not assist in the elimination of those impacts. 2. How the access route is being improved, and buffering for the homes from the access point to 76th Avenue West. 3. Review the sections in the Code regarding noise, light and glare concerns as they impact this site and adjacent property. Ms. Block said the Planning Board Meeting, the applicant indicated that the access will be used only for employee access and will be signed accordingly. Councilmember Hertrich inquired if there were any requirements that the access driveway be zoned CG if it is used as access for a commercial property. Ms. Block indicated that the Code is si- lent on this issue. Councilmember Hertrich asked how many employees the pelting business had when when they were in business. Ms. Block said she did not know and that perhaps the applicant could answer that ques- tion later. Councilmember Hertrich inquired if the trees on the north side of the property would remain. Ms. Block said the applicant has agreed to provide a 41 foot buffer on the north side of the proper- ty. Ms. Block indicated on an overhead projection where the buffering would be located. Ms. Block indicated the buffer area will remain treed. Councilmember Hertrich requested that staff point out which existing building will remain and where trees were removed. Ms. Block pointed out the existing building and where the trees were removed. She said that the trees were removed from what will remain in the RM zone. Ms. Block said that in the 15 foot buffer on the west side, it appears that some native trees will remain. Councilmember Hertrich asked which building would be kept. Ms. Block said the applicant will keep the foundation of the larger building. Steve Anderson, Group Four, Inc., 19502 56th Avenue West, Lynnwood, said that during the hearing before the Planning Board three issues surfaced: noise, traffic, and buffering, He said the contract rezone addresses these issues. He specifically pointed out that Conditions 2, 3, 6, 7, and 12 address these three concerns. EDMONDS CITY COUNCIL MINUTES Page 7 June 21, 1988 Mr. Anderson indicated that as per the contract, the access from 76th Avenue West will be signed for employees only. He said the applicant anticipates approximately 35 employees. Mr. Anderson said that when the pelting service was in operation, it had over 100 employees. Considering there will be only 35 employees using the access road, there will be less traffic from these employees than if the applicant developed the entire RM property into multiple family housing. Mr. Anderson pointed out that the access would also provide emergency access. In conclusion, Mr. Anderson felt the contract rezone adequately addressed the City's concerns as well as those of the nearby residents. By approving this rezone, he said they will see an econom- ic benefit to the City. Councilmember Hertrich inquired what would be located in the building on the proposed rezone area. Mr. Anderson said it would be used to store auto equipment. Mr. Anderson said that the cars would be maintained in the new structures on the current CG zoned lots. Doug Ikegami, 11115 Kulshan Road, indicated there would be no body work done on site. The cars would be prepared and cleaned up on site. He said that all work would be done inside. The loud- est piece of machinery would be the buffer wheel. Mayor Naughten said that he has been advised by the legal counsel that he should not participate in this discussion because he has previously supported the rezone in his role as the chairman of the Economic Development Committee. Council President Dwyer inquired if there were any members of the audience who had an objection to Mayor Naughten's brief chair of this discussion. There were no objections from members of the audience. Mayor Naughten left the dais and sat in the audience. Councilmember Hertrich inquired if Mayor Naughten should be required to leave the room. Mr. Snyder said that Mayor Naughten had previously stated a position regarding this matter, and he suggested that Mayor Naughten step down from his role as chairperson in the event he should be called upon to make a ruling that might affect either party. Mr. Snyder said the Mayor was free to stay in the room. Councilmember Hertrich said that other people who have professed to have a conflict of interest normally leave the ,room. He said he did not have a problem with Mayor Naughten's remaining in the room, he was only seeking clarification. Mr. Snyder said there is no requirement that a member remove themselves from the room, only from the discussion and hearing process. Councilmember Jaech said that in the past, she has been required to step out of the room to avoid a conflict of interest. Mr. Snyder said that based on a 1988 Supreme Court decision, a Council - member is not required to leave the chamber. Peter Bennett, 400 Dayton, Suite A, inquired if he could submit a letter to the Council which he would summarize in his testimony. The Council agreed that he could submit his letter (marked Exhibit 1). Mr. Bennett explained that he is representing Gordon and Carol Miles. He said Mr. and Mrs. Miles are opposed to the Contract Rezone request in its present state essentially be- cause of the fact that such proposal for the Contract Rezone would allow commercial access from 76th Avenue West across residential property to access the commercial property. Mr. Bennett said that if this access were eliminated, his client would have no objection to the rezone. As it is, Mr. Bennett said his client is against the rezone for the following reasons: 1. The applicant has shown no hardship whatsoever to justify commercial access across the residential zoned property to 76th Avenue West. 2. The fact that there exists a curb cut driveway off 76th Avenue West onto the applicant's property should in no way justify commercial access across the residential property to the commercial property for any purpose. 3. The fact that the applicant would place a gate at the west boundary of property owned by the owner, which is limited to certain timeframes, should not justify commercial access across the residential property. 4. To allow commercial access across the residentially zoned property would place an unreasonable burden on the owners of the surrounding properties to police such a use. 5. To allow the commercial access across the residentially, multiple zoned property would defeat the purpose of providing a legitimate buffer of multiple family property between the proposed rezone property on 76th Avenue West. 6. A concept of a buffer is, in fact, designed to split and separate uses, and to allow this type of use across residential property mixes the uses which goes against the grain of the concept of the buffer. EDMONDS CITY COUNCIL MINUTES Page 8 June 21, 1988 7.. The City should seriously consider the type of precedent it would be establishing in allowing commercial use access across residential properties. Mr. Bennett once again indicated that Mr. and Mrs. Miles would have no objections to the rezone if the secondary access were removed. Councilmember Nordquist inquired if the property was used as multiple family use, would the resi- dents wish to place a limit on the ingress and egress of that access road. Mr. Bennett said that there would be no problem with access for that type of use. He said there are other procedures that would protect the people. Mr. Bennett felt the Council should keep the zoning as it is currently zoned. Councilmember Kasper said that for as long as he can remember, people have always used the secon- dary access to enter from the rear. The contract rezone will, basically, not change anything but would grandfather the entrance in. Mr. Bennett pointed out that allowing the employees to use the access road would increase the possibility of employees using the road to park. Mr. Snyder pointed out that the Council had two choices --they could either approve or deny the request, or they could delay their decision to allow the applicant the opportunity to voluntarily change the contract, and then the Council would be required to hold another public hearing. Councilmember Hertrich inquired if the applicant could use the portion of property that will remain RM zoned for employee parking. Mayor Naughten said staff would have the opportunity to answer this question after the public portion of the hearing. Leonard Allen, 22124 - 76th Avenue West, said all of the residents he has talked with are in agreement that if the secondary access is eliminated, they will have no problem with any part of the rezone. Mr. Allen felt the applicant was getting a lot out of the rezone without the access road. He questioned why they needed employee access in the rear. Al Mueller, 22118 - 76th Avenue West, said the Council should review other dealerships who park their excess cars on the street. He said he also objected to the secondary access road. Greg Passey, 22212 - 76th Avenue West, said he supported what had already been said by the neigh- bors. He said that if the Council grants this rezone, they may as well give the applicant the entire property for rezone. He did not really see that a rezone would be legal and felt it need- ed more consideration. Bob Bolz, 22005 - 76th Avenue West, said he is the former owner of the subject property. He said the property has been used as commercial property since the time he had it and the driveway has been used commercially since that time. Mr. Bolz said he has had up to 150 employees during peak seasons of his pelting business. He said the secondary access road also has been used by police and fire department vehicles in the past. Mr. Anderson, in response to Mr. Bennett's statement that the applicant has not shown a hardship, pointed out that this is not a variance request and, therefore, does not require the applicant to demonstrate a hardship. In response to Councilmember Hertrich's question regarding employee parking in the RM zone, Ms. Block indicated this would not be allowed unless the property were zoned commercial. She said the applicant has designated a location for employee parking on the rezoned property. Councilmember Hertrich inquired if the driveway would be rezoned, also. He also inquired how much of the property would remain RM if the rezone were granted. Ms. Block said there would be a section 198' x 120' in size that would remain RM zoned. The driveway would not be rezoned to commercial. Councilmember Hertrich inquired how many units could be built on the property currently zoned RM. Ms. Block indicated that there could be approximately 25 units developed in the current RM zone. Councilmember Jaech observed that on the Comprehensive Plan Map, this portion of property is designated as RM. She inquired if the City has made any plans, aside from what is being request- ed tonight, to rezone the area to commercial. Ms. Block indicated that they have no plans at this time, but it is a person's right to apply for a rezone. Councilmember Jaech said she would vote against the contract rezone, be it this one or any other one, from the standpoint that they have a parcel of land that is noted to be residential EDMONDS CITY COUNCIL MINUTES Page 9 June 21, 1988 and if the Council and Staff were to go along with a rezone of the parcel, it should all be re- zoned commercial. She said she would vote to keep the current zone classification. Councilmember Hertrich reminded Councilmember Jaech that the purpose of a contract rezone over an outright rezone is to place conditions on the rezone to protect the neighbors. Councilmember Jaech indicated that she would not support a rezone at all. Councilmember Hertrich pointed out that the residents do not object to the contract rezone except for the access road. He said he would agree to a contract rezone, but had concerns about the secondary access being misused. He said that policing the road would be difficult. He hoped that if the driveway were allowed, any misuse would be penalized. Council President Dwyer pointed out that the Code Enforcement Technician would be responsible for policing the access. Councilmember Hertrick wished to obtain further information from Staff, so COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCIL PRESIDENT DWYER, TO REOPEN THE PUBLIC PORTION OF THE HEARING. MOTION FAILED, WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER DWYER VOTING IN FAVOR OF THE MOTION. Councilmember Hall pointed out that the secondary access "road has been used in the past for com- mercial access. She observed that car dealerships are relatively quiet in the evening hours. Councilmember Hall also observed that Mr. Ikegami lives in a wooded area and she felt he would go to the utmost degree to keep the buffering. She did not feel that there is any need for a count of cars in and out of the secondary access. She felt that the project would give an improvement to the area. Councilmember Hall complimented the Planning Board. She said they had looked at every angle and gave the Council some good guidelines. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE PLANNING BOARD'S RECOM- MENDATION AND GRANT A CONTRACT REZONE FOR PROPERTY LOCATED ON EAST SIDE OF 76TH AVENUE WEST, WEST OF 22130 HIGHWAY 99, FROM RM 2.4 TO CG. Councilmember Hertrich felt that the access from 76th Avenue West needed to be better addressed in the contract rezone. He felt the applicant should address the issue of limiting the number of employees, etc. He felt the Council should extend the hearing to a later date to allow the appli- cant to come back with a new contract that addresses the concerns of the neighbors regarding the secondary access. Council President Dwyer said he was in agreement with Councilmember Hertrich. In reviewing the contract rezone and the comments made by the Planning Board, the limitation on the number of people who could use the access is what made him favor the contract rezone. If that restriction were not included, he would not be in favor of the rezone request. Mr. Snyder, once again, described the options available to the Council. He said they could choose to either deny or approve the contract rezone or they could continue the matter to allow the applicant to voluntarily change the rezone contract and then hold another public hearing. After discussion of the options, City Clerk Jackie Parrett indicated that the earliest they could place the hearing on an agenda would be July 5. This would allow enough time to advertise the hearing. She said the applicant would have to submit his proposal within the next few days be- cause she needed 12 days to advertise the hearing. Councilmember Hertric said the residents nearby have expressed that they do not want the access road used at all. He said the Planning Board addressed this issue by recommending the secondary access be used for a certain number of employees. Councilmember Hertrich pointed out that this restriction had not been included in the rezone contract. He said that under the current con- tract rezone proposal, any number of individuals can use the access. MOTION CARRIED, WITH COUNCIL PRESIDENT DWYER, COUNCILMEMBER JAECH, AND COUNCILMEMBER HERTRICH VOTING AGAINST THE MOTION AND COUNCILMEMBER HALL, COUNCILMEMBER KASPER, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER WILSON VOTING IN FAVOR OF THE MOTION. HEARING ON PLANNING BOARD RECOMMENDATION AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE ESTABLISHING REGULATIONS FOR HAZARDOUS WKS-7—FACILITIES AND ADOPTION OF PROPOSED ORDINANCE 2674 Ms. Block explained that the City is mandated by the State to adopt an amendment to the Community Development Code to address the issue of hazardous waste storage and handling. This involves EDMONDS CITY COUNCIL MINUTES Page 10 June 21, 1988 those small business that have been using wastes such as dry cleaning solvents, etc., that are hazardous. Ms. Block said that staff has abided by the state regulations and surveyed the entire City to see if there are any locations within the City that could accommodate the open waste storage facili- ties. She said there are no places within the City that would qualify for an open waste storage facility. Ms. Block said staff has prepared an ordinance that addresses this issue that states that the City will follow the State criteria when they are established. If the State feels they are not restrictive enough, the City can rescind the ordinance. She said that if the City does not cre- ate an ordinance, the State will do it for them. Council President Dwyer inquired what would happen if the City did not create an ordinance. Mr. Snyder said that there are two situations where the public may have a concern: 1) areas where people are storing waste for more than 90 days, and 2) situations where people are storing waste for other businesses. If the City does not create an ordinance, Mr. Snyder said the State will allow these types of uses. The proposed ordinance requires a conditional use permit, giving the City the opportunity to review the use. COUNCIL PRESIDENT DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE PLANNING BOARD RECOM- MENDATION AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE ESTABLISHING REGULATIONS FOR HAZARDOUS WASTE FACILITIES AND TO ADOPT ORDINANCE 2674. MOTION CARRIED. REVIEW AND APPROVAL OF CONTRACT WITH CHAMBER OF COMMERCE FOR TASTE OF EDMONDS Jim Barnes indicated that the contract before the Council was for August 19, 20, and 21, 1988. He said there have been some changes to the contract from last year. He said that Bill Tsoukalas would answer questions on these changes. Bill Tsoukalas, 310 - 6th Avenue North, said he would entertain questions on the proposal. Councilmember Kasper asked how the Committee plans to reduce the noise by moving the beer gar- den. Mr. Tsoukalas said they are putting the beer garden in the northeast corner of the playfield to face into the Boys and Girls Club. Hopefully, most of the noise will be directed in that direction. Mr. Tsoukalas said they feel this is the best solution to impact the smallest number of people. COUNCIL PRESIDENT DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE PROPOSED CONTRACT WITH THE CHAMBER OF COMMERCE FOR THE TASTE OF EDMONDS. MOTION CARRIED. PRESENTATION OF FINANCING PLAN FOR SECONDARY TREATMENT PLANT CONSTRUCTION Administrative Services Director Art Housler explained that Dick Ehlers from Dain Bosworth and Mary Hughes from Yeasting and Hughes were present to discuss the financing plan. He said they were seeking three decisions from the Council: 1. Should the bonds be sold at one time or split and sold at two different times? 2. What bond structure options should be used? 3. Should the City sent representatives to represent the City at Moody's Investment Services. Mr. Ehlers explained that the report distributed to each of the Council members covers three topics: 1. Interest rate factors 2. Options for structuring the financing package 3. Bond rating process and recommendations Mr. Ehlers said the first question is whether to complete the financing in one bond issue or two. He said Dain Bosworth does not feel the risk of higher interest rates outweighs potential improvements. The potential benefit of lower rates is overshadowed by the upside risk. He said EDMONDS CITY COUNCIL MINUTES Page 11 June 21, 1988 He said Dain Bosworth does not feel that the risk/reward ratio is favorable for splitting this financing into two bond issues. They recommend completing this financing as a single bond issue to be sold in August, 1988. Mr. Ehlers explained that there are three options for bond issue structure. These are: A. Level annual debt service B. Level debt service coverage C. Level debt service coverage with a reduction in total debt service when current bonds are paid off in 1999. Mr. Ehlers said Dain Bosworth recommends Option C for the bond issue structure. Because of the complexity of the transaction, with interlocal agreements with a number of other entities, and the size of the project, Mr. Ehlers said Dain Bosworth feels it is important for representatives of the City make a personal presentation to the rating analysts. He said this is important in maintaining the City's "A" rating for its water and sewer revenue debt. Mr. Ehlers said it is important that the necessary people are present when making the presenta- tion to Moody's Investment Services. He suggested that the Mayor, Administrative Services Direc- tor, the Community Services Director, the Financial Advisor, and the Bond Underwriter be included in this presentation. He said it would also be helpful to include the City's Bond Counsel and a representative of the Council. Mr. Ehlers said that while in New York, they would also make a presentation to the insurance company. If the City can obtain good insurance for their bond issue, they will have a better chance of increasing their rating. He said the trip would take three days and two nights. Councilmember Nordquist said that the City has sent representatives to New York in the past and two representatives seemed to him to be adequate. He strongly oppose to paying for a team of seven representatives. Councilmember Kasper inquired how many rate increases will be needed to achieve the necessary revenue. Mary Hughes said there will be three more rate increases besides the one they are start- ing with. Councilmember Kasper inquired if the growth projections were incorporated into the report. Ms. Hughes said that the growth projections are not counted in the revenue. If the City decides to buy off the bonds earlier, they can do so after the call date of eight to ten years from now. Councilmember Hertrich inquired what each of the individuals would be responsible for when repre- senting the City in New York. Mr. Ehlers said that the ratings process has changed over the past six years. The ratings ana- lysts are focusing much more strongly on the management of the bond issue. Prior to that time, they looked at the numbers only to determine the bond rating. Now they are focusing very strong- ly on the management capabilities and management strength of the issue. Mr. Ehlers said for that reason, it is helpful for the analysts to ask questions of the people responsible for management of the project in the City. Mr. Ehlers stated that because of the complexity of the project and the number of interlocal agreements, etc., he feels it is very important to have the persons responsible for those items present to describe those interlocal agreements and respond to questions. Mr. Ehlers said that it is important to have the financial officer for the City present because they will ask questions that he will need to answer. Mr. Ehlers said the person making the revenue projections is also a key person because one of the primary factors they look at and need to know is if the projections are reasonable projectionsof what the revenue will be. Mr. Ehlers explained that the analysts also look at the economic vitality of the community. For that reason, Mr. Ehlers feels it is important for the Mayor to be :present. Mr. Ehlers said he goes along as a coach for the rating process and will be valuable in answering questions about the bond. As it was 10:00 p.m., COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO EXTEND THE MEETING. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 12 June 21, 1988 Mr. Ehlers also felt that it might be helpful for a Council representative to be present. This person could represent the views of the Councilmembers. He said that if the Council feels the Mayor and the others appointed can represent the City, that is their decision. Councilmember Nordquist inquired who pays the travel expenses of the bonds broker and the finan- cial adviser. Mr. Ehlers said the City would pay for these expenses. Councilmember Nordquist pointed out that when Mr. Ehlers was interviewing for this position, he stated that he would make a trip to New York. Councilmember Nordquist said he thought Mr. Ehlers would play a more active role in presenting the bond issue to the Moody Investment Services. I COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE CITY AUTHORIZE THE TRAVEL AND PAYMENT OF THREE DAYS AND TWO NIGHTS FOR THE MAYOR, ADMINISTRATIVE SERVICES DIRECTOR, BOND BROKER, AND FINANCIAL ADVISER FOR A TOTAL OF FOUR PEOPLE. Councilmember Hall said that she felt confident that four people could represent the City ade- quately. Mr. Ehlers said that he typically acts as a coach. He talks about bond structuring. He said the ratings analysts do not want to hear about the City from him. They want to hear it from the people who have worked on the project. Mr. Ehlers stated that from his viewpoint, he felt the person who negotiated the interlocal agreements and is responsible for management of the project should be present. Councilmember Nordquist said he remembers Mr. Ehlers saying at the original interview that he will be representing the City before the ratings analysts, but now he was saying that he will only be the bond coach. Councilmember Nordquist found it disappointing that he will not be par- ticipating more than that. Council President Dwyer said that in light of Mr. Ehlers' comments and what is obvious to him, he feels it is essential to send the Community Services Director to New York, also. The ratings analysts are going to want to see who it is that is managing the project. He felt the expense of sending one more person to New York is nothing when you consider the $10 million bond issue they are working on. COUNCIL PRESIDENT DWYER MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO AMEND THE MOTION TO INCLUDE THE COMMUNITY SERVICES DIRECTOR FOR A TOTAL OF FIVE PEOPLE. Councilmember Nordquist said that he was not trying to save money, but it was his opinion that only four people were necessary. Councilmember Hertrich said he would hate to have someone ask the Mayor to explain the process that went into the interlocal agreements. He felt the Community Services Director should be present to answer these questions effectively. MOTION CARRIED ON THE AMENDMENT TO THE MOTION, WITH COUNCILMEMBER NORDQUIST VOTING AGAINST THE AMENDMENT. ! MOTION CARRIED ON THE MAIN MOTION, AS AMENDED. COUNCIL PRESIDENT DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE SEWER TREATMENT PLANT BE FINANCED THROUGH ONE BOND ISSUE. MOTION CARRIED. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL PRESIDENT DWYER, TO STRUCTURE THE BOND ISSUE USING OPTION C. MOTION CARRIED. PROPOSED ORDINANCE 2675 AMENDING 1988 BUDGET AS RESULT OF UNANTICIPATED TRANSFERS AND EXPENSES .�. I F V RIOUS FUNDS Administrative Services Director Art Housler explained that throughout the year, the Council has I• transferred monies from one account to the other. He said it takes an ordinance to do this. The ordinance before the Council includes all of these transactions. Mr. Housler said this has to be on the regular agenda to give the audience the opportunity to make any statements when changing the budget. Councilmember Jaech pointed out that most of these changes have already been made. She inquired why they have to get public input on something that has already been done. Mr. Snyder said that the law requires them to allow public input when making a budget amendment. Mr. Snyder said they ! try to do this twice a year. EDMONDS CITY COUNCIL MINUTES Page 13 June 21, 1988 Councilmember Wilson asked and received clarification on Item E (Tourism/Promotions Fund 121). Mr. Housler explained where the monies would come from for this fund. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ADOPT ORDINANCE 2675 AMENDING 1988 BUDGET. MOTION CARRIED. Mayor Naughten said there has been a request from Mr. Housler for $3,100 for emergency expendi- tures of money. He said the check endorsement machine has broken down, and they have had to hire a temporary employee because the accountant had to have an emergency appendectomy. He said the Administative Services Committee has approved this request. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE A $3,100 EXPENDITURE FOR EMERGENCY NEEDS. MOTION CARRIED. MAYOR Mayor Naughten said he attended an awards assembly at Woodway High School. At that time, he presented Martha. Dubick an award for serving as a student representative to the Edmonds City Council. He also encouraged those interested in being a student representative to let the Coun- cil know. Mayor Naughten said he also presented a Community Service Award to Bruce Caldwell at the awards assembly. Mayor Naughten raised the subject of the letters and comments received (under the Audience por- tion of the agenda) regarding the application for a liquor license for a corner store on Puget aL Drive. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AUTHORIZE THE MAYOR TO WRITE A LETTER TO THE STATE LIQUOR BOARD TO MAKE NOTE OF THE RESPONSE OF THE NEIGHBORS REGARDING THIS LICENSE AND TO STATE THE COUNCIL'S RECOMMENDATION THAT THE LICENSE BE DENIED. Councilmember Jaech requested that the petition also be mentioned in the letter. Councilmember Hertrich said he would hate to see this "screwed up" like the application for a liquor license at five corners. He suggested that the Council President also sign this letter. COUNCILMEMBER NORDQUIST, MAKER OF THE MOTION, AND COUNCILMEMBER JAECH, SECONDER OF THE MOTION, AGREED TO INCLUDE IN THE MOTION THAT THE COUNCIL PRESIDENT SHOULD ALSO SIGN THE LETTER. MOTION CARRIED. COUNCIL Council President Dwyer commented that the Council's year-to-date expenditures are lower than budgeted. Council President Dwyer said he has asked Councilmember Kasper to try to get a student representa- tive for the summer from a parochial school. Councilmember Hertrich said that as a voting member of COG, he would like to -inform the Council that the ferry system is going along with their plans to make parallel piers go with overhead - �,�� J loading and put in a terminal and a dock for the water taxi on the Kingston side. Based on that, he could see that there will be some plan for this side. Councilmember Hertrich said that all the Council needs to do is make a request for the Department of Transportation (DOT) Marine Divi- sion to conduct a study of the possible alternate locations on this side if they are ever faced with the issue of additional facilities that they could not accommodate at the present location. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE COUNCIL REQUEST THE DEPART- MENT OF TRANSPORTATION MARINE DIVISION CONDUCT A STUDY TO DETERMINE POSSIBLE ALTERNATIVE LOCA- TIONS FOR EXPANSION. MOTION CARRIED. Councilmember Nordquist inquired what fund the money would come for the trip to New York. Mr. Housler said that the cost of the trip would be paid out of the proceeds of the bond issue. Councilmember Hall commented that the Arts Festival was a great success and there were upwards of 200,000 people in attendance. She complimented the City crews on a job well done. Councilmember Hall said that she was asked several questions about her position on the annexation of the Esperance area. She had questions from people from the Esperance area and other City residents. She felt the Council should decide what their position is. It should not be kept confidential because they are dealing with the taxpayers' money and it should be dealt with up front. EDMONDS CITY COUNCIL MINUTES Page 14 June 21, 1988 Mayor Naughten explained that the Council has not made a decision on the annexation of Esperance. They are waiting for the survey to be evaluated to determine what their next step will be. As soon as the information from the survey is available, the Council can address Coun- cilmember Hall's concerns. Councilmember Wilson reminded Councilmember Hall that the Council went over this issue step by step at the retreat and decided to wait until the survey is complete to decide their next step. Until such time, the Council does not have all the answers, nor should they engage in specific discussions on this topic. He felt the Council should continue to follow the procedures laid out by the Council at their retreat. _ Councilmember Kasper commented that in talking with Mr. Nutter of the Ferry System, he asked if they have any plans for the ferry dock foot traffic or pedestrian cross traffic. Mr. Nutter said they do not have any plans. Councilmember Kasper pointed out that these people are coming in for P permits and he wants the pedestrian traffic addressed in the permit process. Councilmember Kasper announced that he has a real estate action that needs to be added to the executive session. The Council recessed into an executive session at 10:30 p.m. and adjourned at approximately 11:30 P.m. These minutes are subject to June 28, 1988 approval. JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 15 June 21, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JUNE 21, 1988 6:30 P.M. - SPECIAL MEETING FOR CONSULTANT INTERVIEW - COMMUNITY SERVICES CONFERENCE ROOM CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. PRESENTATION OF COMMUNITY SERVICE AWARD TO DR. HAL REASBY (10 MINUTES) 2. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 7, 1988 (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIM FOR DAMAGES FROM M.C. "KARL" HARMON ($320) (0) APPROVAL OF TEMPORARY CONCESSION AGREEMENT WITH BOY SCOUT TROOP 301 FOR 4TH OF JULY CHICKEN-Q (E) REPORT ON BIDS OPENED MAY 31, 1988 FOR TWO-YEAR UNIFORM CONTRACT AND AWARD OF BID TO MARYATT INDUSTRIES ($19,229.04) (F) AUTHORIZATION TO REIMBURSE REID, MIDDLETON & ASSOCIATES FOR TRANSFER OF RECORDS AND DRAWINGS TO CITY OF EDMONDS ($4,000) (G) APPROVAL OF INTERLOCAL AGREEMENT WITH CITY OF LYNNWOOD FOR 2O8TH ST. S.W. UAB PROJECT (H) ACCEPTANCE OF QUIT CLAIM DEED FROM RODRIC AND DOROTHY MEHUS FOR RIGHT-OF-WAY ADJACENT TO 21526 8OTH AVE. W. (I) AUTHORIZATION FOR MAYOR TO EXECUTE PROFESSIONAL SERVICES AGREEMENT WITH KRAMER, CHIN & MAYO, INC., FOR SHELL CREEK BYPASS STORM DRAINAGE PROJECT (J) ADOPTION OF PROPOSED ORDINANCE 2673 AMENDING EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING FAMILY HOME DAYCARE AND MINI -DAYCARE REGULATIONS (CDC-1-88) (K) REJECTION OF BIDS FOR CONSTRUCTION OF A 2- HIGH CURB AT SEAVIEW PARK AND AUTHORIZATION TO SOLICIT NEW BIDS 3. AUDIENCE 4. CWC-HDR MONTHLY TREATMENT PLANT REPORT AND AUTHORIZATION TO CALL (15 MINUTES) FOR BIDS ON WASTEWATER TREATMENT PLANT 5. REVIEW OF APPEAL OF HEARING EXAMINER DECISION REGARDING EXISTING DECK (15 MINUTES) AT 9308 216TH S.W. (AP-4-88/V-34-87) (APPELLANTS: JOSEPH AND CANDIS SAMIONE) (PUBLIC HEARING CLOSED, BUT COUNCIL TO REVIEW AGREEMENT BETWEEN AFFECTED PARTIES) 6. HEARING ON PLANNING BOARD RECOMMENDATION ON CONTRACT REZONE FOR (45 MINUTES) PROPERTY LOCATED ON EAST SIDE OF 76TH AVE. W., WEST OF 22130 HIGHWAY 99, FROM RM 2.4 TO CG (R-1-88 / APPLICANT: DOUG IKEGAMI) 7. HEARING ON PLANNING BOARD RECOMMENDATION AMENDING EDMONDS COMMUNITY (10 MINUTES) DEVELOPMENT CODE ESTABLISHING REGULATIONS FOR HAZARDOUS WASTE FACILITIES AND ADOPTION OF PROPOSED ORDINANCE 2674 8. REVIEW AND APPROVAL OF CONTRACT WITH CHAMBER OF COMMERCE FOR TASTE (15 MINUTES) OF EDMONDS 9. PRESENTATION OF FINANCING PLAN FOR SECONDARY TREATMENT PLANT (30 MINUTES) CONSTRUCTION 10. PROPOSED ORDINANCE 2675 AMENDING 1988 BUDGET AS RESULT OF UNANTICIPATED ( 5 MINUTES) TRANSFERS AND EXPENSES OF VARIOUS FUNDS 11. MAYOR 12. COUNCIL 13. EXECUTIVE SESSION - PERSONNEL MATTER THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE