Loading...
09/09/1986 City CouncilTHESE MINUTES SUBJECT TO SEPTEMBER 15, 1986 APPROVAL EDMONDS CITY COUNCIL MINUTES SEPTEMBER 9, 1986 WORK. MEETING The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag sa- lute. PRESENT ABSENT STAFF PRESENT Larry Naughten, Mayor Steve Dwyer Mary Lou Block, Planning Div. Mgr. John Nordquist Bobby Mills, Public Wks. Supt. Laura Hall Bob Alberts, City Engineer Jo -Anne Jaech Peter Hahn, Comm. Svc. Director Bill Kasper Jack Weinz, Fire Chief Lloyd Ostrom Dan Prinz, Police Chief Jack Wilson Scott Snyder, City Attorney Nigel Euling, Student Rep. Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Naughten announced that the Council would convene to an Executive Session for approximately thirty minutes. City Attorney Scott Snyder said lie would defer the Executive Session to accommo- date people in the audience who were in attendance for the Presentation to Sponsors of Edmonds Beach Ranger Program. CONSENT AGENDA COUNCILMEMBER NORDQUIST MOVED, SECONDED BY CO.UNCILMEMBER JAECH, TO APPROVE THE CONSENT AGENDA. Councilmember Kasper requested that Item (C) be removed and discussed during the Council portion of the meeting when Councilmember Dwyer was present. City Attorney Scott Snyder said the request to remove an item on the Consent Agenda took precedence over the motion. Councilmember Nordquist withdrew his motion tempo.raril.y. The seconder agreed. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO REMOVE ITEM (C) ON THE CONSENT AGENDA. MOTION CARRIED. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL (B) APPROVAL OF MINUTES OF AUGUST 19, 1986 (D) ADOPTED ORDINANCE 2578 APPROVING AND CONFIRMING FINAL ASSESSMENT AND ASSESSMENT ROLL OF LID 212 (E) ADOPTED ORDINANCE 2579 VACATING ALLEY LOCATED SOUTH OF 182ND ST. S.W. AND EAST OF 81ST AVE. W. (ST-1-86) (F) ADOPTED ORDINANCE 2580 AMENDING ORDINANCE 2505 REVISING SETBACKS IN THE PLANNED RESIDENTIAL DEVELOPMENT OF MEADOWDALE HEIGHTS TO ALLOW IZS-12 SETBACKS (G) ADOPTED ORDINANCE 2581 INCORPORATING MINOR CHANGES TO ORDINANCE 2548 INVOLVING AMENDMENTS TO THE SHORELINE MASTER PLAN (II) APPROVAL OF CABARET DANCE LICENSE FOR ARISTOCRAT RESTAURANT AT 23131 HIGHWAY 99 (FORMERLY LA CASIIA) ( I ) AUTHORIZATION TO CALL FOR BIDS TO PAVE WADE JAMES THEATER PARKING LOT PRESENTATION TO SPONSORS OF EDMONDS BEACH RANGER PROGRAM Linda McCrystal, Parks & Recreation acting Manager, said that the Beach Ranger Program is the first program in the State to receive I,he President's Environmental Youth Award. She requested the representatives of Lynnwood, Edmonds, and Mountlake Terrace --Mayor Hrdlicka, Mayor Naughten, and Mayor Anderson --to receive and congratulate the participants in the Beach Ranger. Program as they were awarded the Citations. City Councilmember Dale Straight represented the City of Mountlake Terrace in the absence of Mayor Anderson. Ms. McCrystal presented the awards to the participants of the Beach Ranger Program. The Council recessed to an Executive Session at 7:10 p.m. to discuss a legal matter for approxi- mately thirty minutes. The Council reconvened at 7:40 p.m. Mayor Naughten recognized State Representatives- Katie Allen and Gary Nelson of the 21st District in the audience. COUNCIL REVIEW OF PARKING RESTRICTIONS ON OCEAN AVENUE Police Chief Dan Prinz referred to the memorandum dated September 4, 1986 which enumerated the incident reports written concerning activity on Ocean Avenue during the past six months. He said he did not believe that activity was as numerous subsequent to the parking restrictions being imposed. He said twenty-one reports were written and thirty-two people were arrested or cited for various infractions during the six-month period. Chief Prinz said he felt the present limited parking configuration is working well and recommend- ed that it remain in force. Councilmember Kasper inquired if all no-Lrespassing signs were enforced throughout the City. Chief Prinz replied affirmatively. Councilmember Hall noted that Chief Prinz had remarked, in the past, that there were not very many problems at Ocean Avenue. Chief Prinz said although he has not kept track of activity on Ocean Avenue throughout the years, neighbors have been calling the Police Department on specific ordinances that are posted, as well as the parking restrictions, and a fair amount of arrests have taken place. Councilmember Hall not:ec that Council action was predicated on the report that very few infractions were written on Ocean Avenue. Councilmember hall inquired if Chief Prinz was aware of a letter from Burlington Northern Rail- road (BNRR) stating that the land designated for parking was owned by them. Chief Prinz said lie was aware that there was a controversy but was not overly concerned. Councilmember Kasper in- quired if BNRR was claiming the land designated for parking as their property. City Attorney Scott Snyder said he believed BNRR had underlying title to the land. He said the Chief simply referred to the fact that the public has been parking on that land for years far in excess of the ten that is established by statute for adverse possession. Councilmember Ball said she was con- cerned because parking is now designated whereas in the past it was not. Councilmember Wilson inquired if people who were arrested were confused about the signage. Chief Prinz said they were aware of the signs but knew that there are five to six miles of.unposted beach property. Councilmember Kasper asked how many people have been convicted of crimes and, also, about the fines imposed. Chief Prinz said he did not know the actual number of convictions but said he did receive reports that heavy fines were levied when the restrictions were first imposed. Councilmember Ostrom said he has not received many complaints from residents on Ocean Avenue for several months. Many residents said enforcement seems to be workiny better than in the past. He said he felt the configuration should remain as it presently exists, also. Councilmember Ball referred to a letter from Join Maynard dated August 20, 1986 which stated that 13NRR was opposed to their property being utilized as formal parking and requested that no -parking signs be installed. Mayor Naughten said BNRR was referring to property which they wanted to lease to the City. CONTINUED DISCUSSION OF SECONDARY TREATMENT: SITE SELECTION, DESIGN AUTHORIZATION Community Services Director Peter Hann reported that on August 12, 1986 the Council authorized Staff to corranence selection of a consultant to 1) perform comparative analysis of privatization and conventional financing, 2) review and recommend modifications to the joint sewer agreements. EDMONDS CITY COUNCIL MINUTES Page 2 SEPTEMBER 9, 1986 Staff decided to utilize its own resources to conduct a comparative analysis factoring in the tax law changes that emerged from the Conference Committee on August 16, 1986. The Staff analysis, which was attached to tine Council packets, casted doubts on tine financial advantages of privatization. Staff commenced its own analysis of the Lynnwood feasibility study based on the most recent tax reform elements resolved by the U.S. Congress Conference Committee. The financial benefits calcu- lated in the Lynnwood study for the privatization option depended on the following features of the existing income tax laws: 1) investment tax credits. The Lynnwood study assumed a 10% cred- it worth $2.2 million on the privatizer's balance sheet. This is no longer available; 2) acceler- ated depreciation. Lynnwood assumed 5 year accelerated depreciation. The tax reform proposal has a 15 year, 1507, declining balance method; 3) buy-back at fair market value at end of con- tract. Lynnwood assumed that the fair market value in year 26 will be 10% of the replacement cost of the plant in that year. This seems like a very low and unrealistic value for a facility whose life is in the 40-50 year range; 4) marginal corporate tax rate. The Lynnwood study as- sumed a 46% marginal rate. The tax reform package reduces this to 34%, which makes a difference in how much losses are worth to a privatizer; 5) economic analysis variables which include dis- count,rates and borrowing rates. Staff prepared twenty-five year cash flows for both the City and the privatizer and then analyzed the impact of changes in key variables. Staff used the Capital and 0 & M costs of the Lynnwood plant. The compared values for the City were twenty-five year net present value of costs under the conventional and privatization financing methods. The analysis assumed that the privatizer neeued to continue receiving an internal rate of return on investment (IRR) approximately equal to that assumed in the Lynnwood analysis of 24%. As various variables were changed to reflect the tax reform or different assumptions on the economic variables, the iRP, was brought. back to accepted levels by increases in service fees, which affect- ed the relative advantage of privatization over conventional for the City. The analysis is somewhat imprecise because there are so many ways of structuring the privatizer's financing. Nevertheless, it is effective in testing the sensitivity of the output variables to changing input assumptions. Changes in any one of the assumptions made in the Lynnwood study by itself significantly reduce the advantages of privatization over conventional financing. Mr. Hahn cautioned the Council in interpreting the Lynnwood study and State study. He said valid conclusions could not be drawn from the data. The monetary advantages of privatization, he said, cannot be proven until an actual RFP was received. Councilmember Ostrom inquired if RFP's would be sought for the entire project. Mr. Hahn said RFP's would be sought for privatization. Councilmember Ostrom said he was in favor of the feasibility study because he was looking for a specific recommendation. Mr. Hahn said tine analysis conducted by Staff showed that with more recent financial assumptions, the numbers can easily favor conventional financing without any artificial manipulation or farfetched assumptions. It is particularly true because the City will have to buy back the plant at some value which, Staff believes, will be significantly higher than the assumed 10% replacement cost. Staff believes that an expensive feasibility study by a consul- tant could well prove to be inconclusive and, therefore, a waste of resources. Mr. Hahn said he did not believe that a definitive answer was possible because the real answer could only be pro- vided if a contract were entered into with a specific proposal. He said if the City pursues a conventional approach, the opportunity to receive a 50% grant from the State is very good. Coun- cilmember Ostrom said he was in agreement if Staff recommended to proceed with site selection and design. Mr. Hahn said that was his recommendation. Mayor Naughten inquired what would be necessary to decide whether to finance conventionally or through privatization once the site is selected and a design chosen. Mr. Hahn said the Depart- ment of Ecology has approved the engineering report which enables the City to receive a 50% grant for design which, in turn, would provide an opportunity to receive a 50% construction grant. He said it is debatable whether a privatizer would receive a 50% grant. Councilmember Hall asked Mr. Hahn how the Council could render a decision when he was not recom- mending a site. She asked the Mayor if tie had spokenvwith Mayor Hrdlicka and Mayor Anderson. She said the project is not exclusive to the City of Edmonds, and she would not feel EDMONDS CITY COUNCIL MINUTES Page 3 SEPTEMBER 9, 1986 comfortable in apprising the citizens of Edmonds that the matter has been fully investigated if other cities have not been consulted. Councilmember Wilson said the Council would not receive any concrete data unless it was willing to expend funds to conduct a feasibility study by a con- sultant. He added that he was not in favor of hiring a consultant. He said the potential tax amendments have dealt a crippling blow to privatization. Councilmember Jaech said the Council must decide the site location in order to determine what course of action to pursue. She said a design must also be chosen in order to avail the City of the.grant money. Councilmember Ostrom concurred. lie_ recommended that a site be selected. Councilmember Kasper expressed concern regarding the tax amendments. He said the question of whether to privatize or pursue conventional financing would be unanswered until an RFP was ap- proved. Mr. Hahn inquired if Councilmember Kasper was referring to an RFP for design. Councilmember Kasper said he was referring to an RFP for the entire project. Councilmember Hall inquired how Staff was capable of .conducting the analysis without a specific site in mind. Mr. Hahn said privatization versus conventional was dependent on the cost for the plant at either location. He said Staff did not have a preference on site selection as it was strictly a policy decision. Councilmember hall said she disagreed wholeheartedly. Mayor Naught - en recoirnnended that the existing site be utilized. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO PROCEED WITH THE EXISTING SEWER TREATMENT SITE FOR SECONDARY SEWER TREATMENT. Councilmember Wilson encouraged the Council to carefully take into consideration that the opportu- nity to move the site from downtown Edmonds, thus improving the entrance to the City, will never arise again. Councilmember Hall concurred. She related to the Council that the former plant supervisor had recommended the relocation of the plant. Councilmember Ostrom noted that relocation of the site would involve the expenditure of funds, and the citizens of Edmonds indicated in a survey that they did not wish to spend money to relo- cate the plant. He said he would support the citizens. Councilmember Kasper said he did not feel the issue leas been completely analyzed because the cost of relocating t►re Public Works Department, etc., was not included in the survey. Councilmember Wilson said he was sensitive to the survey. However, he said tine response of the citizens opposing relocation of the plant was a typical response to any major project where tax money would be expended. He said there are limes when the Council must assume a position of leadership, however unpopular it may be, to enhance the beauty and quality of the City. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBER JAECII, COUNCILMEMBER NORDQUIST, AND COUNCILMEMBER OSTROM IN FAVOR AND COUNCILMEMBER HALL, COUNCILMEMBER KASPER, AND COUNCILMEMBER WILSON OPPOSED. A TIE VOTE WAS BROKEN BY MAYOR NAUGHTEN VOTING IN FAVOR. MOTION CARRIED. Councilmem- ber Kasper said he was opposed to the motion because the City was unaware what site a privatizer would select, and the City would "lock" itself into a location. Mr. Hahn said the City should proceed with RFP's if the Council felt that privatization presents real opportunities. Councilmember Jaech inquired if the firm selected to draft the design would be the firm who would also oversee the construction. Mr. Hahn said there was no question that construction would be part of the overall design services. Councilmember Jaech inquired how an RFP would be advertised in order to hire an engineer to draft the design. Mr. Hahn said Staff would advertise for design services in such places as the Daily Journal of Commerce, etc. Councilmember Jaech inquired if responses would be received which would indicate that the design could be drafted for "x" amount of dollars. Mr. Hahn replied negatively. He said design services are not. bid out but, rather, a firm is selected based upon qualifications and ability by a five -member team: Mayor Naughten, Councilmember Nordquist, Coun- cilmember Wilson, Mr. Hahn, and City Engineer Bob Alberts. Price negotiations would commence once the firm was selected. EDMONDS CITY COUNCIL MINUTES Page 4 SEPTEMBER 9, 1986 COUNCILMEMBER WiLSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO PROCEED WITH THE DESIGN CONSUL- TANT SELECTION PROCESS FOR THE MANDATED SECONDARY TREATMENT PLANT. Councilmember Nordquist inquired if the design selection team would peruse the site. Mr. Hahn recommended that the design selection team visit sites throughout the country that have been designed by the firm selected. Councilmember Nordquist inquired if there are funds available for that purpose. Mr. Hahn said approximately $1.265 million will be budgeted in the 1987 Budget, and some funds remain in the budget for secondary treatment. Councilmember Ostrom inquired if an RFP was recommended for the selection of a design consul - tart. Mr. Hahn replied negatively. He said an RFP was recommended to retain a design consultant to draft a design and to engineer the plant. Councilmember Kasper said privatization would be precluded if Staff proceeded as recommended. MOTION CARRIED WITH COUNCiLMEMBER KASPER OPPOSED. COUNCIL DISCUSSION OF MAYOR'S PROPOSED TASK FORCE FOR COMMUNITY DEVELOPMENT CODE REVISIONS Mayor Naughten reported that the following citizens have agreed to serve on an Ad Hoc Committee to Review Chapter 20.05 and 20.25 of the Community Development Code: Ray Gould, Dorothy Williamson, Norma Bruns, Russ Berg, and Gordon Maxwell. They will work with the Planning Department and make suggestions to the Planning Board for any revisions. Mayor Naughten said there is quite a demand for building in this area for retirement -type apart- ments. There is a thirty-six unit project going in on Edmonds Way just east of Westgate across from Westgate Chapel. Councilmember Ostrom said he approved of the citizens selected to serve on the committee. Councilmember Kasper inquired if Brooks and Hendricks were contacted. Mayor Naughten replied negatively. Councilmember Kasper inquired if the subject of retirement was the issue. Mayor Naughten said the following issues would be reviewed under Section 20.05: 1) if low income for the elderly was the only consideration in that section of the ordinance; 2) definition of a re- tirement home; 3) do all RM zones qualify for housing for the elderly and, therefore, increased density and reduced parking. Councilmember Kasper said he felt an expert on retirement homes should serve on the committee. Councilmember Wilson concurred. He noted that Dorothy Williamson was a direct adversary of the project. He said the committee should be balanced. Councilmember Ostrom noted that Russ Berg was one of the chief advocates of the project. He said the purpose of the committee is to clarify the intent of the Code. Councilmember Hall said she thought the Code was quite clear. Councilmember Ostrom concurred. He said, however, that other people have misinterpreted the Code. Councilmember Kasper said he thought the Code would be amended to disallow retirement homes in Edmonds. The amended Code would discriminate against the bulk of the community. He recommended that an expert on retirement homes be consulted. Mayor Naughten said retirement homes are necessary in the City of Edmonds. He noted that the construction of several retirement homes are currently planned in the City. The Mayor said he had no objection to the addition of an expert on the committee. Councilmember Ostrom said comments have never been made to the effect that the Council was op- posed to retirement homes in Edmonds. Ile said the Code allows the construction of retirement homes and, also, a 50% increase in density. He said he did not understand why the issue could not be discussed without the injection of fraudulent statements. Councilmember Wilson recommended: 1) that the discussion be postponed so that an expert could be sought; 2) that the Committee be assigned a specific function. Mayor Naughten said the Council was capable of resolving the issue itself. Councilmember Jaech said City Attorney Scott Snyder would advise the Council that revisions to the Code require submittal to the Planning Board. She noted that the issue before the Council was not to allow or disallow retirement homes but, rather, the two exceptions in the Code for reduced parking and increased density and under what circumstances a facility could avail itself of those exceptions. EUMONDS CITY COUNCIL MINUTES Page 5 SEPTEMBER 9, 1986 COUNCILMEMBER JAECII MOVED, SECONDED 13Y COUNCILMEMBER OSTROM, TO APPROVE 1HE FORMATION OF A COMMIT- TEE 10 MAKE RECOMMENDATIONS 10 THE PLANNING BOARD. Councilmember Ostrom saida motion was unnecessary because the Mayor had the discretion to ap- point a committee. He said he would concur with whatever committee the Mayor appointed. Mr. Snyder said Councilmember Jaech was correct regarding one of the points he wanted to make. He said one issue that was unresolved was that the translation of the original ordinance was lost between the Planning Board's recommendation and passage by the Council and its subsequent revi- sions. Councilmember Wilson said he was in favor of the formation of a committee because of the quality of the people selected to serve on the committee. He encouraged the expansion of the .Committee to include the advice of a person well versed in retirement homes. Councilmember Nordquist said he sat through all of the hearings and had many documents in his possession, plus information on the Housing Authority that existed at the time that the ordinance was adopted. He offered his testimony to the Committee. MOTION CARRIED. COUNCIL DISCUSSION OF MAYOR'S PARTICIPATION IN PLANNING DECISIONS Mayor Naughten reported that the most controversial issues Staff has to deal with are those is- sues involving what individuals perceive as their rights: rights to build, develop, and promote. These desires are oftentimes in conflict with the City codes, ordinances, public opin- ion, and neighbors. The majority of these conflicts deal with land use issues and the enforce- ment of the City's building codes that involve the Planning and Engineering departments. Mayor Naughten said lie has made the decision to become actively involved for an indeterminate amount of time in the review process for the above reasons. Controversial land use issues will be individually reviewed by himself and Community Services Director Peter Hahn. The Mayor said a city's attitude regarding services and land use issues usually reflect the phi- losophy of the elected officials who represent the majority of the public. Mayor Naughten said although he has not always personally agreed with recommendations of the Planning and Engineering Departments, they are technically the Mayor's recommendation. Mayor Naughten said his goal is to reduce the controversy and provide more direction to the Plan- ning Department. Councilmember Wilson said lie was unsure what function the Mayor would serve. Mayor Naughten said because he possesses the political sensitivities that surround some of the issues that are pre- sented to Staff initially for review regarding land use issues, lie can provide a better under- standing of the scope of the issue. Councilmember Wilson inquired if the Mayor felt that the Planning Department was harassed by people in the community. Mayor Naughten replied negatively. Councilmember Wilson inquired if the Mayor's participation would be restricted solely to his philosophy and not to others adjudicating the issues. Mayor Naughten said the issues will not be adjudicated. Mayor Naughten said he will meet with the Planning Department once a week to review issues as they arise and discuss Staff's recommendation. Councilmember Hall inquired why the Mayor has not participated in the past. She noted that agen- da memos reserve a since for the Mayor's comments. Mayor Naughten said his initials indicate that Ile has reviewed the issue. Ile noted that the comment section is not reserved exclusively for the Mayor. Councilmember Wilson inquired if Staff's suture recommendations will closely reflect the Mayor's opinion. Mayor Naughten said he will have been involved in analyzing the recommendation. Councilmember Kasper expressed concern that: the Mayor's participation will closely parallel the system followed by the Hearing Examiner. Ile said he will not know what Staff's true i.UMONDS CITY COUNCIL MINUTES Page 6 SEPTEM13ER 9, 1986 recommendation is if the Mayor participates in the process. Mayor Naughten said Staff's recommen- dation may or may not be altered dependent on the sensitivity of the issues. Councilmember Kas- per asked how the Council would know if the Staff's recommendation was altered. Mayor Naughten said the Council would not know. Councilmember Kasper asked how the Mayor could vote on issues that he was directly involved with. Mayor Naughten said he would not disassociate himself from participating in issues for fear of not being able to vote. COUNCIL DISCUSSION OF MEBT BOARD Mayor Naughten inquired who requested that this issue be placed on the agenda. Councilmember Kasper said he requested that this item be discussed at a Council work meeting, and he had dictat- ed a memo for the packet but it had not been included. COUNCILMEMBER KASPER MOVED TO DEFER THIS ISSUE TO THE NEXT COUNCIL WORK MEETING. MAYOR Mayor Naughten said the following people have agreed to serve on the Meadowdale Committee: Mike Lantz, Roger McCorkel, Bob Anderson. Also, there will be two other people who have not yet been contacted, City Building Official Hal Reeves and/or Community Services Director Peter Hahn, City Attorney Scott Snyder, and a representative from the insurance pool. Mayor Naughten read a proclamation into the record proclaiming the week of September 11 through the 18 as Enhanced 911 Public Awareness Week. Mayor Naughten said the Edmonds Building Division issued building permits in the month of August, totalling in valuation $18,000,000, the highest to date. COUNCIL Council President Hall announced that the Candidates Fair will be held on September 11, 1986 at the Edmonds United Methodist Church at 7 p;m. Council President Hall said the City has been involved in an interlocal agreement for the perform- ing arts facility, of which she has served as Council representative. She said she was concerned because the fact sheet was erroneous, and 1'% of the Budget was allocated to the Arts Commission. Council President Hall said she was unable to attend the School District meeting because it was scheduled on the same night that a Council meeting was. Mayor Naughten noted that he planned to attend the School District meeting. Council President Hall said Eric Anderson had inquired if the Council approved the liquor license application at Five Corners. Councilmember Ostrom replied negatively. He said the Council said it would forward the letter of protest to the State Liquor Board. Councilmember Kasper said he wanted to forward the Council's prior decision denying a liquor license application to the Texaco Station at Five Corners, also. Councilmember hall read .the minutes of the previous decision of the Council into the record. She said she would send a copy of the minutes to Eric Anderson. Council President Hall said the Council meetings of November 4 and November 11 fall on election day and a holiday and have been rescheduled on November 3 and November 10. COUNCILMEMBER OSIROM MOVED, SECONDED BY COUNCILMEMBER JAECH, 10 RESCHEDULE THE COUNCIL MEETING OF NOVEMBER 4 TO NOVEM- BER 3 AND NOVEMBER 11 TO NOVEMBER 10. PlOrION CARRIED.` Councilmember President hall referred to a memo from City Clerk Jackie Parrett indicating Linda McCrystal had requested a correction to the September 2, 1986 minutes as follows: page 11, fifth paragraph under "Mayor.", the spelling of the name John Michelle should be Jean -Michel Cousteau. On page 12, second paragraph, next to the last line where the Mayor indicated he was unaware that invitations had not been sent for the Beach Ranger Program ceremony, Ms. McCrystal indicated that many invitations were sent out but those to the City Council were overlooked. Council President Hall said she did not recall that in the minutes and would refrain from voting on it unless it is contained in the tapes of the meeting. Also, City Clerk Jackie Parrett said the date at the bottom of each page of the minutes should be changed to September 2, 1986. Councilmember Hall suggested that the minutes be more carefully reviewed because she said it seems as though corrections are always being made. Ms. Parrett said a lot of time is spent on preparing the minutes. She said many of the Staff are currently under pressure of a heavy workload, and many would agree that mistakes are more easily made under the present circumstances. EDMONDS CITY COUNCIL MINUTES Page 7 SEPTEMBER 9, 1986 Councilmember Jaech called attention to the two applications before the Council from the Aristo- crat Restaurant, a liquor license and cabaret dance license. Mayor Naughten said the applica- tions for the Aristocrat have been reviewed and cleared. Councilmember Kasper inquired if a card room was proposed. Police Chief Dan Prinz replied negatively. Student Representative Nigel Euling noted that his tenure on the Council expired tonight. He said he enjoyed sitting on the Council. Councilmember Nordquist expressed his appreciation to Nigel for his input. *Councilmember Nordquist said Dr. Hines was recently welcomed as the new Health Officer for Snohomish County. Staff indicated that his impact is already being felt. Councilmember Ostrom inquired why the topic of allowing mobile home parks as planned residential developments in the general commercial area was being discussed at the Planning Board meeting tomorrow evening. City Attorney Scott Snyder said he was unaware that there was a requirement regarding mobile homes along Highway 99 when inquiries were made by the Planning' Department. However, he said in researching another case he discovered that the Supreme Court decided that unless a zone is provided for mobile homes, they have to be permitted in any residential zone if permitted by the UBC . Councilmember Ostrom wished good luck to Nigel. Councilmember Kasper referred to the proposed ordinance regarding theft, forfeiture, and unlawful sale of cable t.v. services [Item (C) on the Consent Agenda]. He said Councilmember Dwyer indi- cated to him that the proposed ordinance implies that the City will serve as a collection agency for cable t.v. City Attorney Scott Snyder said the proposed ordinance is similar to shoplifting, i.e., merchants are protected by the City from shoplifters. Mr. Snyder said Councilmember Dwyer felt that the City should give cable t.v. the protection of the City ordinance if it accepted their franchise fee. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, 10. ADOPT ORDINANCE 2582 REGARDING THEFT, FORFEITURE, AND UNLAWFUL SALE OF CABLE 1V SERVICES. Councilmember Kasper noted that there are many areas throughout the City that receive cable services free of charge. Mr. Snyder said ghat the services are connected on a telephone pole and not in the home. If someone was receiv- ing cable services free of charge they, obviously, tampered with the box on the telephone pole. The cable company can differentiate between services which are legally received and those which are not because of tabs which are placed on the connection device. Mr. Snyder said Councilmember Dwyer wanted the cable company to be aware that th.e City would not serve as a collection agency if the ordinance was passed. However, Mr. Snyder said he would review cases which involved ille- gal reception of cable t.v. services. MOTION CARRIED. Councilmember Kasper said he did not: wish the issue of the excessive glare of a light installed on a pole that was discussed at last week's meeting to become an issue of an illegal structure. Councilmember Kasper announced that yesterday was the 10th anniversary of Community Transit. He said he felt there is considerable support from citizens of Edmonds to continue the trolley ser- vice. Council President Hall inquired if it was not true that the trolley had one of the highest riderships. Councilmember Kasper replied affirmatively. lie said citizens have commented that many of the busses are not utilized and services should not be increased but, rather, consider reallocation and other forms of transportation. The meeting adjourned at 9:18 p.m. ACQ ELINE G. PARRETT, City Clerk -_91mmve �, f LAUX S . N GF:TEN , May r 1 *See Council P-linutes of September 15, 1986 EDMONDS CITY COUNCIL MINUTES Page 8 SEPTEMBER 9, 1986