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10/02/1990 City CouncilTHESE MINUTES SUBJECT TO OCTOBER 16, 1990 APPROVAL EDMONDS CITY COUNCIL MINUTES OCTOBER 2, 1990 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT ABSENT Larry Naughten, Mayor William Kasper, John Nordquist, Council President Councilmember Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember Jeff Palmer, Councilmember Jack Wilson, Councilmember STAFF Bob Alberts, City Engineer Bobby Mills, Public Works Supt. Dan Prinz, Police Chief Duane Bowman, Asst. City Planner Brent Hunter, Personnel Manager Peter Hahn, Comm. Svc. Director Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Councilmember Dwyer arrived a few minutes late and did not vote on the Consent Agenda. CONSENT AGENDA Item (B) was removed from the Consent Agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEM- BER HERTRICH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL �•,,v(C) ADOPTED ORDINANCE 2797 VACATING ALL OF 74TH PL. W. LYING BETWEEN NORTH MEADOWDALE RD. IV AND 162ND ST. S.W (ST-3-89/McCORKLE/ANDERSON) P�(D) ADOPTED ORDINANCE 2798 APPROVING FINAL PRD/SUBDIVISION AT 7370 N. MEADOWDALE RD. (LORIAN ESTATES) (PRD-1-89/P-5-89/ANDERSON) (E) ADOPTED RESOLUTION 709NST AMENDINGPARCEL FINAL ASSESSMENT ROLL OF LID 210 BY THE SEGREGATION OF THE ASSESSMENT (F) REPORT ON BIDS OPENED SEPTEMBER 12 1990 FOR USED FO RKLIFT, REJECTION OF OVER -BUDGET BID, AND REQUEST FOR APPROVAL OF SUBSEQUENT OFFER FROM WASHINGTON LIFT TRUCK ($11,782, INCLUDING SALES TAX) G) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR SNOHOMISH REGIONAL NARCOTICS. TASK FORCE �(H) ACCEPTANCE OF QUIT CLAIM DEED FROM JAMES A. AND JANET J. MURPHY FOR 10 FOOT RIGHT-OF-WAY DEDICATION AT 8007 TALBOT RD. APPROVAL OF MINUTES OF SEPTEMBER 25, 1990 (ITEM (B) ON THE CONSENT AGENDAI Councilmember Palmer noted the following corrections to the minutes: page 7, paragraph 2, in- clude the specific list of projects that were identified at the retreat ispace needs, different 71 major capital projects, seismic retrofit, the need for a Public Works building, heating, ventila- tion and air conditioning. problems in two City buildings, Anderson Center window replacement, Brackett's Landing completion, waterfront land acquisitions, drainage basins, Civic Center Play - field acquisition, roads); page 11, last paragraph, Councilmember Palmer clarified that annexa- tion of Perrinville had been discussed at that meeting but there were no audience members at the Community Services.Comnittee meeting. Councilmember Palmer referred to page 10, paragraph 1, and said it was his understanding that the Council passed a motion that contained a contingency rather than just adopting the plan and then sending a letter indicating the City's position. Mayor Naughten said the minutes reflect the motion as he remembers it being stated. Councilmember Palmer said he intended, then, to discuss the motion during the Council portion of the meeting because the motion was not understood by him and, perhaps, not by other Councilmembers. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DEFER APPROVAL OF THE MINUTES UNTIL NEXT WEEK. MOTION CARRIED. Councilmember Jaech noted that she would abstain from voting on the minutes because she was not present at the September 25th meeting. A personnel matter and legal matter were included as discussion items during the executive ses= sion at the request of Council President Nordquist and Mayor Naughten. AUDIENCE Mayor Naughten opened the audience portion of the meeting. Natalie Shippen, 1022 Euclid, noted that the contract for the ferry study states in the body of the agreement that no less than three alternatives should be considered, but appendix "A" states that at least two alternatives should be considered. She inquired if the consultant will be requested to study a third alternative (alternative 1 being relocation of the ferry terminal and alternative 2 being expansion to the existing terminal). Councilmember Hertrich said it was his understanding that there were three alternatives, the third one being do nothing. Ms. Shippen said the contract does not define the third alternative but merely states "do nothing". She was concerned that her idea of no action and the Council's idea of no action may be two different concepts. She was curious as to what exactly would be studied if the third alternative is includ- ed in the study. Councilmember Hertrich said he believed the third alternative would entail an analysis of the effects of an increase in ridership if the ferry terminal remains at its present location. Ms. Shippen said she would be looking for a Council definition of the third alterna- tive because she thought it was necessary for the Council to be clear, as a group, as to how they want the alternatives defined and studied. Ms. Shippen said Admiral Parker has made statements when speaking to the Transportation Commis- sion such as, "The commuters (referring to the Edmonds -Kingston route) represent an irresistible force or a sleeping giant". She said she obtained ridership statistics from Gary Nelson for the week of February 2nd to the 8th and there were no overloads, and only one ferry run during peak hours;had over 100 cars aboard. She also -obtained statistics for the week of August 2nd to the 9th and there were 10 overloads, but only 2 were during the week and the other 8 were on the weekend. Ms. Shippen cited those statistics to the Council because she said the ferry system defines what it feels the problem is on the Edmonds -Kingston route as, "The problem is daily com- muter overloads and not the recreational overloads that occur in the summertime". Ms. Shippen said she has not seen any statistics from the ferry system that indicate that there are more daily overloads than recreational overloads. Ms. Shippen requested the Council to obtain information from the Washington State Ferry with respect to the total number of overloads that occurred on the Edmonds -Kingston route in 1989, the hour and date they occurred, the origin of the overload, and the number of vehicular commuters in each overload. Ms. Shippen noted that the Washington State Community Services Department, while making a presen- tation on the progress of the fifteen counties that were mandated to establish a growth strate- gies plan, stated that while Snohomish County and King County are progressing very well, Kitsap County has done absolutely the least. Ms. Shippen thought it was interesting that the commission- ers of Kitsap County have spoken to the Edmonds City Council about the terrible need for more ferries. Chris Brown, Edmonds Elementary School teacher, was deeply concerned about the safety of school children at the intersection of Olympic Avenue and Puget Drive. He noted that the intersection is patrolled by three students and one adult to assist up to sixty children per day at that cross- ing but motorists often ignore the guards and pass through the intersection, putting the children at extreme risk. Mr. Brown said although the school has the capability to switch the flashing yellow signal light to a solid yellow and then red light, there is a constant problem with cars running the light. Even though traffic revision signs have been posted in both directions, he assumed that drivers that run the red light are unaware of the traffic change. Mr. Brown said a day has not gone by since school has been in session that a car has not passed through the red light. He noted that an adult recently told him that a Community Transit bus ran the light, and cars have run the light even though police officers were patrolling the area. Mr. Brown requested the.City to replace the flashing light with a standard green, yellow and red signal. Mayor Naughten said Staff was recently informed of the problem and intends to investigate the cost to install a light at that intersection, and they will make a recommendation to the Council next Tuesday. EDMONDS CITY COUNCIL MINUTES Page.2 OCTOBER 2, 1990 Councilmember Palmer suggested that police patrol be increased at that intersection as an interim step to the Council receiving cost information, especially during times when students are cross- ing the intersection. Councilmember Dwyer said traffic control changes are needed at the intersection, but he was con- cerned that not everyone who is currently running the light will cease to illegally cross the intersection after a new light is installed. Councilmember Jaech assured the audience that a Council representative on the Community Transit Board will apprise them of the problem so that their drivers are more cautious when approaching the intersection. Councilmember Jaech suggested that signs with bright flashing yellow lights that say, "School Crossing. Prepare to stop" are placed at the east and west locations before the intersection. Councilmember Hertrich did not believe that it is emphasized enough that the intersection is a school crossing. He suggested that the speed limit be enforced more diligently, especially dur- ing school hours. -- Councilmember Palmer noted that raised buttons are a good reminder to motorists that a signal is ahead and drivers become more alert. Karen Reinquist said she works at the Olympic View Deli. She said she watches the children cross the intersection every day. Ms. Reinquist said she walks to work and has feared for her safety on many occasions. She noted that children are less visible than adults are. Daniel Hendrick said he was not sure if either enforcement or a new light will solve the danger at the intersection. He said the road is a State roadway, and he suggested that the City ap- proach the State with a proposal to construct an overhead crosswalk.. He said he will loan the City the money to construct a crosswalk at 18% to 20% if the State will not fund the project. Pam Mummy, 1506 - 10th Pl. N., was concerned not only for children who cross the intersection during school hours but also children who cross the intersection after extracurricular activities. Ms. Mummy said she did not believe a morning has gone by when she was at the intersection that a driver has not gone through the intersection at a red light. She said the signal must be consis- tent so that drivers are accustomed to stopping at the intersection. Dennis Wright, 831 Puget Dr., said he has seen in operation a signal -activated warning light to alert drivers in advance that they must stop within a short distance, and he believed that that type of system works very well. Mayor Naughten closed the public portion of the meeting. HEARING ON WESTGATE PLANNING STUDY Assistant City Planner Duane Bowman reported that the City Council last reviewed the Westgate Planning Study on August 1, 1989. It was scheduled for review again on June 5, 1990, but -the discussion was continued at that time to allow for a public hearing. Mr. Bowman noted that the minutes of the August 1989 were included in the Council packets, as well as a copy of the implementation strategies. Mr. Bowman said since completion of the Westgate Study, action has taken place which may impact the implementation of the concepts set forth in the document. Passage of the Growth Management Act (SHB 2929) requires consistency between the Comprehensive Plan and zoning, and it mandates the establishment of levels of service for various facilities and utilities, including traffic. Mr. Bowman noted that the intent of the Study is to accomplish consistency, and a comprehensive traffic study is planned in 1991. Mr. Bowman said the Council could either adopt the study as an interim conceptual document pend- ing environmental review, a traffic study, and other work necessary to bring about it implementa- tion, or the Council can delay the adoption of the document until a comprehensive study is pre- pared and levels of service are established for the Westgate area. Mr. Bowman reviewed the implementation program of the Westgate Study as follows: Amend the Com- prehensive Policy Plan Map to: Designate the area northwest of the Westgate shopping district on the west side of SR104 for Planned Neighborhood Business. Prepare general development standards; EDMONDS CITY COUNCIL MINUTES Page 3 OCTOBER 2, 1990 Eliminate inconsistencies for the areas currently zoned commercial along SR104 in the City and County; Amend the Zoning Ordinance to create a Regional Neighborhood Business Zone, and modify the Zoning Map to establish this zone for the Westgate intersection shopping district. Prepare development policies for the area. Work with Snohomish County to prepare and adopt an interlocal agreement to formalize the City's "sphere of influence" along SR104 and north of the Westgate intersection. Improve pedestrian facilities in the Westgate area. Review all development proposals for safety of ingress and egress. Enhance the appearance of the Westgate area and SR104 through increased landscaping and other improvements. Require an approved master plan as a prerequisite to rezoning the area northwest of the Westgate shopping district to Planned Neighborhood Business. Ensure that all future development proposals conform to the adopted master plan. Rezone the area south of SR104/100th Avenue intersection to Neighborhood Business as rezone re- quests justify such action. Review all development proposals along SR104 and north of Westgate to assure their consistency with City standards, in accordance with the Edmonds/Snohomish County Interlocal Agreement. Mr. Bowman noted that the Westgate Planning Study was put together by the Edmonds Planning Board. They studied the City and County zoning regulations and comprehensive plans; reviewed aerial photographs of the area and developed preliminary recommendations, and then held a public hearing on those recommendations. Mr. Bowman said there are key areas that are in transition that were identified for potential rezones. He indicated the location of those areas on a vicinity map. Mr. Bowman then reviewed the Comprehensive Plan Map with potential zoning changes that would result if the Study is adopted. They were marked in various colors for commercial uses, areas that would be removed as commercial uses, and areas that would be removed from multifamily desig- nations. With reference to the potential changes, Councilmember Hertrich inquired how the border of areas that are recommended to be rezoned to Regional Neighborhood Business (RBN) and Planned Neighbor- hood Business (PBN) would be defined if they are adjacent to one another. Mr. Bowman said those properties are more closely oriented to the single family areas to the south and the school area, whereas the other uses there are oriented more towards the intersection itself.. Councilmember Hertrich inquired if Mr. Bowman felt that present parking requirements for commercial uses are sufficient for the City to go forward with a classification in the Westgate area without imple- menting revised parking standards. Mr. Bowman said the Planning Board recognizes the need to examine the City's parking standards, and that may be one of the discussions that results from .an analysis of the traffic in the area. Councilmember Nordquist said parking has always been a problem for business owners near Olson's and Albertson's. He recommended that any rezone changes that are proposed allow employee parking on site. Mayor Naughten opened the public portion of the hearing.. Dr. Bill Wellington, 1042 Edmonds St., one of the owners of the 3-1/2 parcel south of 102nd Street, read a letter that he submitted to the Planning Board with copies to the City Council stating, in essence, that the proposed PBN zoning would severely restrict both usability and economic viability of any project that could be envisioned on the property. Although the intent of the designation. would be to prohibit certain uses, Dr. Wellington said the same result could be accomplished under the standard neighborhood designation without making the site an "experimen- tal guinea pig".,. Dr. Wellington said the site will allow approximately 40,000 square feet of development. He noted that the success of smaller businesses (approximately 1,000 square feet) depends, in large part, on locating near a major tenant to draw customers and without a major tenant, the smaller shop tenants would fail. Dr. Wellington pointed out that the proposed zoning would not allow a EDMONDS CITY COUNCIL MINUTES', Page 4 OCTOBER 2, 1990 major tenant and, therefore, would render the site economically unviable. He said the only alter- native would be for each property owner to develop small projects, but such development would destroy the ability to develop a well -planned site that can best serve the entire neighborhood. He said the property owners believe the best solution would be to allow flexibility in the devel- opment of the site in order to overcome the concerns of the surrounding neighborhoods and the economic concerns of future tenants. Dr. Wellington said the traffic pattern in the immediate vicinity of the property is basic to the success of any development on the site; specifically, the need for a left-hand turn lane into the property across Edmonds Way. If the properties are forced to develop individually, he said a left-hand turn lane cannot be constructed that would accommodate all properties. If the site can be developed as one property, he said a left-hand..turn lane can be designed in the middle of the block; therefore, plans for such access are critical and must be included with a rezone proposal. Dr. Wellington noted that a commercial bank, family restaurant, and a smaller retail building are proposed on the site. He said the owners sincerely hope the Council will consider their concerns and allow them the utmost flexibility in the development of that property. Mayor Naughten closed the audience portion of the hearing. Councilmember Hertrich said he is constantly concerned about the types of businesses and traffic patterns that will be developed in the Westgate area because it is one of the corridors to down- town Edmonds. He was concerned about the economic success of downtown Edmonds merchants because he could foresee people avoiding the Westgate area and shopping, instead, in Aurora Village or other areas if traffic becomes so congested in the Westgate corridor. Councilmember Hertrich said he was not comfortable adopting the study before a comprehensive traffic study is conducted. Councilmember Palmer inquired if the Council saw any value in an additional zoning category (PBN): When conducting the study, Councilmember Nordquist said the Westgate Committee looked to integrating the PBN zone in the Comprehensive Plan because the Westgate area is not pedestrian oriented but is, rather, vehicle oriented. Councilmember Wilson said the Westgate corridor to downtown Edmonds has some value to the communi- ty. He said although the PBN classification is an attempt to mitigate overdevelopment of commer- cial properties in Westgate, he did not believe it would solve the problem. He said more commer- cial use of the Westgate are is not the answer, in his opinion. COUNCILMEMBER HERTRICH MOVED TO REMAND THE ISSUE TO THE PLANNING BOARD TO WAIT FOR A TRAFFIC STUDY TO BE AVAILABLE BEFORE THEY BEGIN THEIR STUDY OF THE WESTGATE AREA AGAIN. MOTION FAILED FOR LACK OF A SECOND. It was Councilmember Dwyer's opinion that the issue should remain at the Council level and that the Council should obtain information regarding traffic. COUNCILMEMBER HERTRICH MOVED TO TABLE THE ISSUE UNTIL THE COUNCIL RECEIVES A TRAFFIC ANALYSIS AND, POSSIBLY, A STUDY OF THE REVISION OF PARKING REQUIREMENTS. MOTION FAILED FOR LACK OF A SECOND. Councilmember Palmer inquired if a traffic study is currently being undertaken and, if so, he inquired about the details of that study. Community Services Director Peter Hahn explained that as part of Senate Bill 6358, a City-wide transportation plan has been implemented that looks at the capacity of City streets and intersections and existing traffic controls. Councilmember Palmer inquired if the transportation plan dovetails with SHB 2929. Mr. Hahn replied affirmative- ly. He said the language in Senate Bill 6358 was written by the same person who helped draft SHB 2929, and the intent is to create .a comprehensive plan for all utilities and roads so that land use is consistent with traffic. In response to Councilmember Jaech, Mr. Hahn said the transportation plan will be funded in the 1991 budget and RFP's will probably be .let by the first quarter of 1991. Councilmember Jaech inquired if the study can be conducted in phases, with the Westgate areas as one of the first areas to be studied. Mr. Hahn replied affirmatively. Councilmember Jaech suggested that the issue be referred to the Community Services Committee so they can identify the areas that are of priority for the study. Continued discussion of the Westgate Planning Study was scheduled on October 23, 1990. EDMONDS CITY COUNCIL MINUTES Page 5 OCTOBER 2, 1990 SECOND HEARING ON PROPOSED AMENDMENT TO COMMUNITY DEVELOPMENT CODE REGARDING CODE ENFORCE- (�^'- MENE I IR E G H LD UG T 2 1990 Assistant City Planner Duane Bowman reported that the City currently processes zoning violations as criminal offenses, which has proven ineffective and makes abatement exceedingly difficult, if not impossible. He said the proposed amendments to the Edmonds Community Development Code (ECDC) would change enforcement of zoning violations to a civil process and would clearly define proper- ty nuisances that are currently not specifically addressed in the Code. Mr. Bowman said the purpose of the proposed action is to provide a more efficient system of en- forcing the ECDC. He noted that other jurisdictions, such as Bellevue, Redmond, and Everett, have adopted similar ordinances and are very pleased with the results. Mr. Bowman noted that a draft of proposed amendments was presented to the .Community Services Committee on June 12, 1990, and an initial hearing was held before the Council on August 21, 1990. At that time, the Council requested a second public hearing so that the media could inform the public of the proposed action. Mr. Bowman said it is the recommendation of Staff to adopt the proposed amendments and direct the City Attorney to prepare the necessary ordinance. Mr. Bowman stated that enforcement time line for the existing procedure is 293 days, and enforce- ment time line for the proposed procedure will be 80 days. Mayor Naughten opened the public portion of the hearing. No input was offered. Mayor Naughten closed the public portion of the hearing. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PALMER, TO ADOPT THE PROPOSED AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING CODE ENFORCEMENT CIVIL PENALTIES AND DIRECT THE CITY ATTORNEY TO PREPARE THE NECESSARY ORDINANCE. A ROLL CALL VOTE WAS TAKEN AND A TIE VOTE OCCURRED WITH COUNCILMEMBER JAECH, COUNCILMEMBER PALMER, AND COUNCILMEMBER WILSON IN FAVOR; COUN- CILMEMBER NORDQUIST, COUNCILMEMBER DWYER, AND COUNCILMEMBER HERTRICH OPPOSED. MAYOR NAUGHTEN BROKE THE TIE VOTE BY VOTING IN FAVOR OF THE MOTION. MOTION CARRIED. _REVIEW OF FUNTASIA PROPOSAL FOR FAMILY RECREATION CENTER, INCLUDING VIDEO GAME ARCADE _�_� Poi ice Chief Dan Prinz stated that the Kerwin and Mackie families wish to convert the Consolidat- ed Beverages building into a family -oriented sports and entertainment center. As part of their proposal, he said they have included one hundred video games but the current ordinance does not allow more than ten games because the building is located within one mile of Edmonds High School. Chief Prinz noted that the City Attorney drafted an ordinance that will enable them to have the arcade. Chief Prinz said he spoke with the Redmond Police Department, and the commander assured him that they have had no police problems at a business similar to the one being proposed called "Zones". Chief Prinz said the owner of "Zones" attributes the problem -free atmosphere to rules and regula- tions specific to conduct that were implemented, as well as officer patrol on Friday and Saturday for four hours each day. Chief Prinz said he believed the proposal would be beneficial to the City in that it will provide and encourage activities that are not currently available in Edmonds. Councilmember. Dwyer noted that the focus of the issue is not so much whether or not to allow sports and entertainment centers in Edmonds but whether or not the prohibition on the number of video games within a mile of a public school makes sense. Councilmember Dwyer said the Public Safety Committee reviewed the proposal and then referred the issue to the Council to comment on, as well as to allow the proponents a chance to comment. The issue will be brought back to the Council for a public hearing and a vote on approval or rejec- tion, he said. Councilmember Jaech was concerned about the operation of the proposed entertainment center, if approved, in the event that ownership changes in the future. She inquired if a conditional use permit would be feasible. City Attorney Scott Snyder said there is an ordinance on the books that would allow the City to revoke the license if problems do occur. He said a conditional use permit is feasible. He explained that he did not include the conditional use process in the EDMONDS CITY COUNCIL MINUTES Page 6 OCTOBER 2, 1990 proposed ordinance because the conditional use process is time consuming. Mr. Snyder added that the license could be repealed if problems occurred, and an amortization period could be estab- lished, which could be as short of a period as six months, to phase out the business. Councilmem- ber Jaech inquired if the City could be challenged for allowing one particular use and not anoth- er. Mr. Snyder said it could be a potential challenge, but he included language in the proposed ordinance which establishes a rational governmental basis for the classification. Councilmember Jaech inquired if a definition could be written which clarifies family -oriented business. Mr. Snyder replied affirmatively. Councilmember Hertrich was concerned about the closing time of 2 a.m. because he did not believe young people should be out that late. Chief Prinz noted that the owners have proposed a closing time of 1 a.m. on weekends, and he said he did not believe that would pose any problems. Councilmember Dwyer pointed out that the proposed video games would be allowed if not within one mile of the school. He noted that the issue of contention is not the hours of operation. Councilmember Palmer said society has changed since the ordinance was enacted. He thought the prohibition of more than ten video games within one mile of a school was "almost ludicrous" when considering that most homes have a video game machine with probably more than ten cartridges. With respect to Councilmember Hertrich's concern regarding hours of operation, Councilmember Palmer said the City should provide opportunities other than going to a bar until 2 a.m. He said the proposed business is the type of entertainment that will bring families together and is one that Edmonds is looking for. As a courtesy, Councilmember Dwyer suggested that a copy of the proposed ordinance be sent to the School District so they can comment on it at the hearing if they have a concern. Council Presi- dent Nordquist suggested that a copy be sent to Edmonds Community College because they have a Head Start school within a mile of this location. AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH SNOHOMISH HEALTH DISTRICT ENABLING �EM A QUIRE KER BUILD G rt. Council member Jaech requested Mr. Mockler to explain how the City's investment in the District will be proportional while the commitment remains proportional, given the shifting and rapidly increasing population in other areas of Snohomish County. Richard Mockler, Deputy Administrator of Snohomish County Health District, explained that the formula for distributing the ongoing facilities assessment ($553,460) was ratified by the cities and the County as part of the cost of services formula. He said the formula changes annually according to changes in population growth so that the payment for the facility will change annual- ly. Mr. Mockler said if Edmonds' population is fixed and the rest of the County's population increases, Edmonds' percentage and cost associated with the facility will be decreased annually. Mr. Mockler stated that any equity in the building would be returned to the membership according to the portion of their most recent payment if the relationship is dissolved. Additionally, he said the County is paying a 6% surcharge in 1991.and a 3% surcharge in 1992. Councilmember Jaech inquired what percentage of the purchase price of the building is being paid initially. Mr. Mockler replied approximately 20%. He said the Health District is paying $750,000 that it has accumulated over the last 3 years, and the member municipalities are paying $430,000. Councilmember Jaech inquired over what period of time the balance will be amortized. Mr. Mockler replied in 6 years, with a maximum of 8 years. City Attorney Scott Snyder noted that the money that the Health District has accumulated over the last 3 years was accumulated from fund balances over the years with contributions attributable to its members. Mr. Mockler said historically, cities have paid 20% to 25% of Health District costs, so Edmonds' portion of the fund balances are not that significant. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST,. TO AUTHORIZE THE MAYOR TO SIGN THE AGREEMENT. MOTION CARRIED. ADOPTION OF DRUG -FREE WORK PLACE POLICY FOR CITY EMPLOYEES Personnel Manager Brent Hunter noted that a copy of the recommended personnel policy entitled "Drug -Free Work place" was included in the Council packets. He said the purpose of the policy is to try to prevent substance abuse in the work place and to avoid employee accidents. He said policy includes the recommendations that were previously discussed by the Council. EDMONDS CITY COUNCIL MINUTES Page 7. OCTOBER 2, 1990 With respect to section 5.3, Councilmember Hertrich inquired about any penalties that .may be imposed if an employee takes prescription medication and is impaired from functioning on the job and he/she does not notify a supervisor. Mr. Hunter said he did not think a- penalty would be imposed if the employee was not aware that a problem would occur. City Attorney Scott Snyder said discipline would not necessarily play a part in the protections of an employee that could be fired at any time, but the proposed policy would be subject to the union grievance and arbitra= tion process for the other employees. Councilmember Palmer referred to section 5.1. He noted that the Police Department renders pay- ments to informants from time to time for drug -related information and sometimes those informants take drugs. He inquired if the wording in that section could present a problem to the City. Mr. Snyder said the courts have taken the position that the City purchases information, as opposed to hiring employment under an employment relation. Councilmember Palmer said he would be more comfortable if the word "affect" was replaced with the word "impair" in the second paragraph in section 5.3. Councilmember Palmer wondered if section 5.6 would prevent an employee from coming forward and seeking help. Mr. Snyder said section 5.6 should be considered in relation to section 5.5. He said if an employee seeks help, there will be no retribution but if an employee is caught, penal- ties may be imposed. He noted that the EAP program guarantees confidentiality to employees. Councilmember Palmer recommended that the Co-workers Bill of Rights be omitted because he said most of them are redundant. With respect to section 5.6, Councilmember Hertrich inquired about the definition of "illegal alcohol activity". Mr. Snyder said he believed that activity would relate to drinking and driv- ing a motor vehicle. Chief Prinz said a police officer would not arrest someone for using ille- gal drugs; only for possessing them. Councilmember Dwyer inquired how much distress would be created if section 5.7 were deleted but the remainder of the policy were approved. Mr. Hunter said he did not believe it would cause any problems. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO ADOPT THE PROPOSED POLICY BUT DELETE SECTION 5.7 IN ITS ENTIRETY. COUNCILMEMBER PALMER MOVED TO AMEND THE MOTION TO CHANGE THE WORD "AFFECT" TO "IMPAIR" IN SECTION 5.3. COUNCILMEMBER DWYER AND COUNCILMEMBER JAECH BOTH AGREED TO INCORPORATE THE AMENDMENT INTO THE MAIN MOTION. MOTION CARRIED. MAYOR Mayor Naughten announced that he declared the week of October 7th through the 13th as "Fire Pre- vention Week" in Edmonds. Mayor Naughten noted that a discussion of adult entertainment zones can be viewed on the Town Meeting program on Channel 4 at 6 p.m. on Sunday. Mayor Naughten noted that the Council received a copy of a letter from Brian Benzel, Superinten- dent of the Edmonds School District, in regard to the District's decision to open the 102nd Street gate on September 21 for 30 minutes in the morning and 30 minutes in the afternoon. Mayor Naughten said he sent the District a letter reiterating the City's official position to keep the gate closed. He said the District has agreed to a meeting on Wednesday at 6.,30 p.m. at the Woodway/Edmonds High School Library. COUNCIL Council President Nordquist said he would schedule a Saturday morning pre -budget Council discus- sion on October 20, 1990 if the Council did not object. No objection was noted. Council President Nordquist said there is an interesting letter to the Editor of the Sunday Her- ald regarding Edmonds' controversy over adult entertainment. He suggested that a resolution be drafted requesting the legislature to take action. Councilmember Wilson said it was his under- standing that the legislature has already done that. Councilmember Dwyer noted that a newspaper article reported that the U.S. Supreme Court has accepted review of an Indiana statute which sought to prohibit nude bar room dancing, and a decision will be forthcoming next June. EDMONDS CITY COUNCIL MINUTES Page 8 . OCTOBER 2, 1990 �i�1e""�� COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE COUNCILMEMBER NORDQUIST'S ABSENCE ON SEPTEMBER 25, 1990. MOTION CARRIED. Councilmember Nordquist noted that the absence was due to a bereavement trip. Councilmember Jaech noted that Carolyn Johnson from the Tourism Committee left a message on her recorder requesting to speak with the Administrative Services Committee. Councilmember Jaech asked Staff to contact Ms. Johnson and tell her that that Committee no longer exists as formerly structured, but that she can contact a Staff member or the Council President with respect to any presentations she is requesting to make. Mayor Naughten-said he would contact her. Councilmember Jaech said a Councilmember's directive to the Council Assistant should not be usurped by any other Councilmember. She requested that any correspondence or action that is requested by any Councilmember of the Council Assistant be forwarded to the Council in the future. .e Because Councilmember Jaech and Councilmember Nordquist were not present at last week's Council meeting when coverage of Yost Pool was discussed, Councilmember Jaech requested that a hearing before the full Council be scheduled. Councilmember Wilson noted that .a hearing has been sched- uled. Councilmember Jaech noted that the City of Mountlake Terrace has offered permits -for the use of their pool to Edmonds' residents in exchange for the City providing them with seed start- ers for their flower baskets. �a�With respect to the Snohomish County Tomorrow report that was discussed at last week's Council J```� meeting (and continuing his earlier questioning of the minutes), Councilmember Palmer said he was under the impression that the motion that was made embraced the plan being adopted contingent upon each city retaining the autonomy to determine their own holding capacity but the minutes reflect a universal adoption and then a separate letter indicating that desire. He asked Council - member Dwyer if his understanding was incorrect. Councilmember Dwyer said he believed the min- utes accurately reflected the motion that was made. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, FOR RECONSIDERATION OF THE MOTION. MOTION CARRIED. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADOPT THE PROPOSED GOALS OF THE SNOHOMISH COUNTY TOMORROW REPORT CONTINGENT UPON THE AUTONOMY OF THE CITY OF EDMONDS TO DETERMINE ITS OWN HOLDING CAPACITY. MOTION CARRIED. Councilmember Palmer requested Police Chief Dan Prinz to look into why he is having trouble re- ceiving his packet on his porch on Friday. The Council recessed to an executive session at 9:20 to discuss a legal matter, personnel matter, and a labor negotiations matter for approximately fifteen minutes and adjourned thereafter. THESE MINUTES ARE SUBJECT TO OCTOBER 16, 1990 APPROVAL. ACWELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, M yor EDMONDS CITY COUNCIL MINUTES Page 9 OCTOBER 2, 1990 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 -- 10:00 P.M. OCTOBER 2, 1990 CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF SEPTEMBER 25, 1990 (C) PROPOSED ORDINANCE 2797 VACATING ALL OF 74TH PL. W. LYING BETWEEN NORTH MEADOWDALE RD. AND 162ND ST. S.W. (ST-3-89/McCORKLE/ANDERSON) (D) PROPOSED ORDINANCE 2798 APPROVING FINAL PRD/SUBDIVISION AT 7370 N. MEADOWDALE RD. (LORIAN ESTATES) (PRD-1-89/P-5-89/ANDERSON) (E) PROPOSED RESOLUTION 709 AMENDING FINAL ASSESSMENT ROLL OF LID 210 BY THE SEGREGATION OF THE ASSESSMENT AGAINST PARCEL 085 (ANDERSON) (F) REPORT ON BIDS OPENED SEPTEMBER 12, 1990 FOR USED FORKLIFT, REJECTION OF OVER -BUDGET BID, AND REQUEST FOR APPROVAL OF SUBSEQUENT OFFER FROM WASHINGTON LIFT TRUCK ($11,782, INCLUDING SALES TAX) (G) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT FOR SNOHOMISH REGIONAL NARCOTICS TASK FORCE (H) ACCEPTANCE OF QUIT CLAIM DEED FROM JAMES A. AND JANET J. MURPHY FOR 10' RIGHT-OF-WAY DEDICATION AT 8007 TALBOT RD. 2. AUDIENCE 3. HEARING ON WESTGATE PLANNING STUDY (60 MINUTES) 4. SECOND HEARING ON PROPOSED AMENDMENT TO COMMUNITY DEVELOPMENT CODE (30 MINUTES) REGARDING CODE ENFORCEMENT/CIVIL PENALTIES (FIRST HEARING HELD AUGUST 21, 1990) 5. REVIEW OF FUNTASIA PROPOSAL FOR FAMILY RECREATION CENTER, INCLUDING VIDEO GAME ARCADE 6. AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH SNOHOMISH HEALTH DISTRICT ENABLING THEM TO ACQUIRE RUCKER BUILDING 7. ADOPTION OF DRUG -FREE WORKPLACE POLICY FOR CITY EMPLOYEES 8. MAYOR 9. COUNCIL 10. EXECUTIVE SESSION - LABOR NEGOTIATIONS THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE