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19840605 City Council Minutes• June 5, 1984 The regular meeting of the Edmonds City Council was called to order at 7:06 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT ABSENT STAFF PRESENT Larry Naughten, Mayor John Nordquist Art Housler, Finance Director Jo -Anne Jaech Steve Simpson, Parks & Rec. Dir. Laura Hall Mary Lou Block, City Planner Jack Wilson Lloyd Ostrom Duane Bowman, Asst. City Planner Jim Adams, City Engineer Steve Dwyer Dan Prinz, Actg. Police Chief Bill Kasper Bobby Mills, Actg. Pub. Wks. Supt. Brian Stewart, Student Rep. Pat LeMay, Personnel Director Jim Jesse], Property Manager Jerry Hauth, Hydraulics Engineer Jackie Parrett, City Clerk Scott Snyder, -City Attorney Shirlie Witzel, Recorder Councilmember Nordquist had notified the City Clerk that he would not be present at this evening's meeting. CONSENT AGENDA Item (B) was removed from the Consent Agenda. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: - *See June 5, 1984 minutes. • 402 June 5, 1984 - continued (A) Roll call. • (C) Acknowledgment of receipt of claim for damages from Mrs. Roger H. Cutting in the amount of $150. (D) Approval of Boy Scout Chicken-Q at City Park on Fourth of July. (E) Adoption of Ordinance 2433 changing meeting time of Planning Board.. (F) Authorization to solicit bids for construction of the 1984 Street Overlay Program (in- cludes funds for 78th Ave. from 209th S.W. to 212th S.W.). APPROVAL OF MINUTES OF MAY 29, 1984.[Item (B) on Consent Agenda] Councilmember Dwyer noted that the Council had adjourned from executive session at 10:00 p.m. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, THAT MINUTES OF MAY 29, 1984 BE APPROVED AS CORRECTED. MOTION CARRIED. AUDIENCE Daniel Bell, 303 91st P1. S.E., Everett, asked if the City had examined the possibility of allowing property.owners to submit plans for preliminary work prior to lifting the moratorium in order to obtain soil tests and other necessary data. City Attorney Scott Snyder said the Council could modify the terms of the moratorium, permitting the acceptance and processing of applications but prohibiting issuance of permits until the project is completed and accepted. COUNCILMEMBER KASPER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, THAT THE TERMS OF THE MORATORIUM BE MODIFIED TO PERMIT ACCEPTANCE AND PROCESSING OF APPLICATIONS BUT ISSUANCE.OF PERMITS BE PROHIBITED UNTIL THE SEWER.PROJECT IS COMPLETED AND ACCEPTED. THE CITY ATTORNEY IS INSTRUCTED TO PREPARE THE NECESSARY ORDINANCE FOR ADOPTION AT JUNE 11 MEETING. Mr. Snyder elaborated that the processing of all necessary paper would be permitted, but no permit would be issued. In addition, he said the ordinance would be structured to include necessary liability language. Councilmember Kasper noted that this is the best interim solution possible. Until a property owner can obtain the necessary soil tests, etc., he cannot even know what design may be necessary for the foundation. He added that the Council had allowed subdivisions to proceed on these lines and the same opportunity should be allowed the single family residence as well. MOTION CARRIED. HEARING ON ACCESS TO LAKE BALLINGER Parks and Recreation Director Steve Simpson said the Ballinger area residents had reported concerns about the use of the Lake Ballinger access. He described the site and reviewed the history of the area. He noted that this site is one of the areas included in the Coastal Zone Management Study (CZM). RCW 35.79.030 does not.permit the city to vacate or sell this property. Access to all shoreline areas must be maintained; however, this site is among the lowest priority items on the Parks and Recreation Captial Improvement Program. Mr. Simpson reviewed the types of development that had been studied. Mayor Naughten requested each speaker to limit their comments to three minutes. The public hearing was opened. Ron Howard, 23823 74th Ave. W., appealed to the Council to close the access road known as McAleer Way extending from 74th Ave. W. to Lake Ballinger.. He stated the site is obsolete, in disrepair, not maintained by the City, dangerous., creates a liability to both the City and the property owners living adjacent to the access. In addition, there is unauthorized swimming and the public tres- passes on adjacent docks subjecting property owners to legal actions if there is an accident. Mr. Howard said there is a new boat ramp and picnic area across the lake, a five minute drive or 20 minute walk from this site. The City of Edmonds paid, in part, for the road leading to that park. He suggested the park is a viable alternative to the subject site which has no sanitary facilities available other than the lake, neighboring yards, fences or the street. There are no public parking facilities. He said he has trouble parking at his house during fishing season. He said he had lived on the Lake for 12 years, experiencing every problem there is. Bob Williamson, 23731 74th Ave. W., said he fully agrees with Mr. Howard's statements. He distri- buted pictures of conditions that exist at the access. He said he has experienced damage to fences, $1100 damage to a -car, vandalism of his property, boats stolen from the property and broken beer bottles in their yard and in the water of the lake. He also submitted a petition that had been started several years ago by the Lake Ballinger Action Group. Wanda Williamson, 23731 74th Ave. W., agreed with everything said so far. She added that, as a mother, she is concerned about the presence of 2, 3, and 4 year old children at the lake with no supervision. She said the access is open, the children wander down to the lake, and the City is going to be liable when there is a drowning. She said they had been accused of not maintaining their fences; however, the fences are torn down as fast as they are maintained. She said there is no swimming area on their beach because of the glass. She asked that the access be closed because it is a menace to the property owners. Toby Howard, 23823 74th Ave. W., asked that the road be closed for all the reasons previously stated. In addition, she noted that obscene language is used day and night. She said they are awakened at one and two o'clock in the morning by people.driving to the lake or trying to get out. Floyd Evans, 23823 74th Ave. W.,, said the road should be closed until the community decides to address themselves to the problems that have been mentioned. 1 1 U • 1 1 • June 5, 1984 - continued John La Lanne, 537 Forsyth.Ln., said he has used the access for the past 40 years. He noted that this is the only fresh water access that the.City of Edmonds has. He said the access was in existence before any of the people speaking had bought their property. He said everyone has prob- lems, but maintaining the fresh water access is of prime significance. He suggested that the -problem is signing and enforcement. Randy Garvie, 23816 74th Ave. W., sees no problems. He said his 4 year old son does not go to the lake. He said they enjoy the lake and that it is the only access they have that is within walking distance. He noted that.there are many people who enjoy the access. He said there are parties, but sometimes they are neighborhood parties. He added that the issue before the Council is not closure, but what the City plans to do to improve the site. Lois Hill, 23832 74th Ave. W., said they have battled closing the access for the past 27 years. One reason they ,purchased their.property was the lake access for their children. She said their neigh- bors bordering the lake have offered to allow access through -their property; however, this does not always work. She noted that the people on the lake knew the access was there when they built their homes. She said she had spoken with some of the older men who use the access to fish from their chairs. They indicated they did not use the Mountlake Terrace park because it was too crowded. She suggested that the City maintain the access and alleviate the problems for the neighbors but not close the access. Rebecca Coffey, 23816 74th Ave. W., said this is the only access that Edmond's people have to the lake. Children in the community do use the access for inflatable boats. She believes the City should maintain the area, even to the extent of replacing the fencing when it is vandalized. She noted that the access is a fire road for the island. She asked that the access be closed during the night and parking be provided for cars. Since no one else wished to speak, the Mayor closed the hearing. At the request of the Mayor, Mr. Simpson explained that the City could take any action they wished, short of vacating or selling the property. Councilmember Ostrom asked if this access were a fire road. There were no City staff present that could answer his question. Councilmember Hall asked if the tie-in with hiking and bike trails in the Coastal Zone Management.Hearings was still being discussed. Mr.. Simpson said the County is looking at a trail system that might include the inter- urban right-of-way but no decision has been made. Councilmember Hall assured the property owners on the lake that the CZM Committee had not recommended development of the site. She questioned closure of the access, saying the problem comes with parking of cars and boat trailers. She said the area needs City enforcement and upkeep. Mr. Snyder interjected that the access could be regulated just as any City street. However, the City does not have the power to deny access to the lake by the public. Councilmember Jaech said she hears both sides, those who wish to continue using the access and those who are experiencing the problems. She requested that the staff prepare information on clean up and solutions to the prob- lems in the area. Councilmember Ostrom asked to see the level of maintenance that would be required to accomplish resolution of the problems and information on what types of use would be acceptable or not acceptable. Councilmember Kasper noted that the 30' right-of-way may be part of the problem. He said the Council must address the problems, because he would not favor closure. Councilmember Wilson asked the staff to provide information on ways to protect the neighbors, including their fences. He.asked that consideration be given to limiting the hours of use, the size of boats being launched, and also proper signing to control activities taking place. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THIS ITEM BE PLACED ON THE WORK MEETING OF JUNE 26 AND THAT STAFF BE PREPARED TO ADDRESS THE POINTS RAISED BY THE COUNCIL. MOTION CARRIED. HEARING ON 6-LOT PRELIMINARY PLAT WITH MODIFICATIONS TO STREET SETBACK FOR LOTS 1 AND 6 AT 8507 AND 8519 204TH ST. S.W. (HELLEREN/P-2-84) • Assistant City Planner Duane Bowman reviewed the recommendation from the Hearing Examiner that P-2- 84 be approved including the street setback modifications for lots 1 and 6, subject to the condi- tions listed in his report. The staff recommends adoption of the findings and decision of the Hearing Examiner. Mr. Bowman displayed a transparency of the area. Mr. Bowman said the proposed location of 85th P1. W., is the most logical placement. The only other way to provide access would be along the east side of the proposed house on lot 6, resulting in a strange configuration as well as impacting existing housing. The radius of the turn around is 28'. There.is'no code requirement on the radius of a turn around, that is subject to the approval of the City Engineer. In response to a question from Councilmember Ostrom, Mr. Simpson said the impact on Pine Ridge Park results from increased pressure to develop the park because of the increased number of users in the area. Mr. Bowman said the houses on lots 1 and 6 would become nonconforming and any additions would have to conform to City requirements. Councilmember Kasper requested that larger reproductions of plats or vicinity maps be provided to the Council in the future. Mayor Naughten opened the hearing. Jerry Lovell, 23106 100th Ave. W., representing Sigve Helleren, the applicant, said the requirements of the Hearing Examiner presented no problems. Finis Tupper, 711 Daley St., asked the zoning of the project location. Mr. Bowman replied that it is an. RS-12 zone. Mr. Tupper pointed out that a corner lot which requires a greater setback also receives a special privilege since they are not required to have a rear setback. He said this fact should be taken into consideration when making a.final decision. Since there was no one else wishing to speak, the hearing was closed. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE 6-LOT PRELIMINARY PLAT WITH.MODIFICATIONS TO STREET SETBACK FOR LOTS 1 AND 6 AT 8507 AND 8519 204TH ST. S.W. AND ADOPTION OF THE FINDINGS AND DECISION OF THE HEARING EXAMINER. MOTION CARRIED. r� L 404 June 5, 1984 - continued A recess was declared at 8:00 p.m. Meeting reconvened at 8:08 p.m. HEARING ON APPEAL OF HEARING EXAMINER'S DECISION REGARDING DAY CARE AT 21615 79TH AVE. W. (APPELLANT: GOFORTH) Councilmember Ostrom asked what effect upholding the decision of the Hearing Examiner would have, if any action would be taken on the part of the City. Planning Director Mary Lou Block replied that the home day care would have to.apply for a home occupation permit, the requirements of which would be contradictory to the state requirements for a home day care. If no other action were forth- coming, the day care center would be closed. Mr. Bowman reviewed the history of the appeal. The decision of the Hearing Examiner upheld the staff determination that Ms. Goforth should apply for a home occupation permit to operate her day care. The,�Hearing Examiner noted that the Community Development Code is silent as to how home day care should be regulated in RM zone districts. Mr. Bowman noted that the Planning Board had scheduled a public hearing for June 27, 1984 on CDC regulations regarding home day care. The staff recommends that this matter be continued until a recommendation has been received from the Planning Board regarding home day care regulations. The staff is recommending to the Planning Board that the CDC be.changed to allow day care with a conditional use permit. Mr. Bowman said day care facilities must be licensed by the state to be approved as a home day care by the City and they must have a City business license. He said no home occupation permit has ever been issued for this day care. Mayor Naughten opened the hearing. Cathy Goforth, 21615 79th Ave. W., explained her appeal of the Hearing Examiner's decision by reading her appeal and its basis and the decision of the Hearing Examiner. She said the Hearing Examiner did.not address Section 17.00.050 regarding the silence of the CDC. She said the old code should be used, since the new code is silent on the issue. Ray Harrison, 21626 78th Ave. W.,.said he is annoyed by the noise from the property. He expressed agreement with the Hearing Examiner's decision. He said granting this use would be a special priv- ilege. He referred to a petition in support of the day care signed.by 250 people, which is .0008% of the population of Edmonds. A petition signed by immediate neighbors of the day care contains seven out of eight signatures of properties that are against the day care, which constitutes .875%. He said it is difficult to balance .0008% for and .875% against. The other point regarding the difference between an RM and RS zone, means that any further pollution of an already denser area in an RM zone such as noise, smoke, etc., affects more people in an RM.zone than an RS zone. He agreed that Ms. Goforth is in a tough spot but he had been in tough spots and survived. Drienna Bohon, 21606 79th Ave. W., said day care is a business, an occupation in the home, and should be treated as such to protect adjacent property owners'.liveability rights. She noted that more traffic and nuisance noise. is created by day care than.any other home occupation allowed. There is no reason to make exceptions just because the occupation cares for children. Such a noise generating business should have no more right to disturb neighbors than any other business. All businesses operated for a profit, such as a day care, are detrimental to. property values. She said the City must allow residents of the area a standard of liveability including a maximum noise level. Ms. Bohon said the high school is less nuisance than a day care in the area and noise from the high school is the maximum noise level a residential area should be required to accept. The traffic problems connected with the day care have also been proven. Ms. Bohon said the Edmonds Code has set requirements to be met by a day care, changing these requirements in bias toward a particular occupation would be a disservice to adjacent homeowners. She noted that the area is occupied by retired people as well as those closeto retirement, who had chosen the area because of the proximity of hospitals, medical and dental facilities. She asked the Council to preserve those protections now available to residents. Ms. Bohon submitted a petition signed by residents of the neighborhood addressed to the City Council and the Planning Commission asking that the day care not be allowed to operate in the neighborhood. Warren Bohon, 21606 79th Ave. W., asked the Council to focus on whether continuing the day care will reflect detrimentally on adjacent property owners. He said they had patiently endured during the appeals process, amendment changes, and removal of legal devices available to adjacent property owners to protect minimum liveability rights. He said if the conditional use permit is the only method through which an adjacent property owner can protect liveability rights, it is imperative that proper.valuation be given to those rights.. He said Ms. Goforth should be denied the permit to operate a day care on her property, because the use does not meet the requirements for a conditional use permit or a home occupation permit in the following areas: noise, traffic, and the health and welfare of adjacent property owners. Mr. Bohon said there had been much stress, loss of sleep, emotional turmoil, acts of vandalism, and physical threats of violence (documented with police reports) as a result of the day care. Mr. Bohon said, in regard to use of the previous code in lies of the existing code, a case in 1975-1976 of a day care in the immediate area was heard under the old code by the City Council, went.to the Superior Court and was found to not adapt to the require- ments ofa conditional use permit for the same reasons cited above. He said a license should have been required four years ago and the present problems would not have occurred. William Tyler, 8024 215th St: S.W., indicated that there had been distortion of facts and no proof. offered. He said he is angry but he would not threaten to do anything to anyone else. There have been no decible readings taken and no count of the traffic has been taken. He said those objecting to the day care have made no effort to ask that the noise be abated. No one is being very neigh- borly and no one is.attempting to work together to solve the problem. He indicated that Stevens Hospital has. made offers to purchase homes in the neighborhood as a result of a comment that Edmonds High School would be sold to the hospital. If a day care is detrimental, he asked why Stevens Hospital did not find it detrimental. He questioned whether people in the audience had lived very long in the neighborhood. Mr. Tyler asked why present residents were unwilling to allow other children to be raised in the neighborhood. 1 1 11 1 0 • June 5, 1984 - continued 40 Mr. Snyder clarified the point raised"by Ms. Goforth regarding a savings clause. The purpose of the clause is to preserve the underlying zoning law in case a zoning code or plan is overturned by a court, since there should never be a gap in zoning.. A zoning statute is a cumulative structure such as the one in Edmonds. The problem is that a day care is not permitted in RM zoning, not that the zoning is invalid or inapplicable. He said the Council would have to make a finding on the issue since it had been raised during the hearing. Ms. Block clarified that the issue before the Council is the appeal of the Hearing Examiner's decision that a home occupation permit would be required, not whether Ms. Goforth should be granted a permit. Jeff Corliss, 18836 78th Ave. W., has two children who are cared for by Ms. Goforth. He said her business fits in well with the neighborhood of apartments, high school, clinics, etc. He believes the property appreciates rather than devalues as businesses develop in the area. He said the objection to the noise is an opinion, since nothing has ever been proven. He said he lives near Lynndale Park and a great deal of noise is generated, which is just a part of the neighborhood life. Marcia Calvaletti, 8503 Bowdoin Wy., Apt 203, feels that the welfare of the children has not been addressed by anyone. Most people have a problem finding good care for their children. She said she would rather have her child cared for in a home; rather than on a busy street with the added risk from traffic and people who might take a child. Most children are in day care because of divorce, death, or the need for two incomes. She said the emphasis has been in the wrong place. Instead of looking at the past, the City should be looking to the future and what is best for the children. She said noise and progress are a fact of life. Since there were no other speakers, Mayor Naughten offered time for rebuttal. Mr. Bohon, previously identified, noted that the elderly must also be considered. The area in • question is predominantly elderly residents who reside in the area to be near the facilities they need. He asked whichgroup, the elderly or the children, would be given the most weight. He described language which had been used by Mr. Goforth who had also trespassed on his property and pushed him.around physically. Mr Bohon said Mr. Goforth would not qualify to be around children. Also., he said.they had tried to compromise on the issue when it first came up, requesting that the noise be abated, but Ms..Goforth had said it could not be done. He said eggs had been thrown at his house, toilet paper strung around his house and words written on his window. The incidents can be verified by Police reports. He agreed that day cares are needed but said they should be located in areas that would not be detrimental to the neighborhood. Since no one else wished to speak, the hearing was closed. Councilmember Dwyer said there are two things the Council could do., The matter could be continued as recommended by the staff. The basis for a city's power to regulate something like a day care has to be tied to a rational furthering of the public health, safety and welfare. He said if the Hearing Examiner's opinion were upheld, they would not be construing the code in a manner that would be legally supportable. If the City took -an action in which the code is construed to not allow the use in a multiple family zone, he thinks the City would invite legal action and, in his opinion, the. City would not prevail. Based on that belief, he would not vote to uphold the Hearing Examiner's decision. He said if the interpretation of Section 17.00.050 should apply, Ms. Goforth would have a vested right to attempt to file for a conditional use permit. Continuing the matter would not necessarily be.of any effect, since a vested right would not be affected by any change or amendment that might be made. He said perhaps the Council should take no action. He said he was not com- fortable in taking any action that might be construed as a final action of the City and could subject the City to further proceedings in Superior Court. Councilmember Hall asked if the Council should wait for the Planning Board, since the Hearing Examiner's report says the lesser intense use is denied in the RM zone and this could be handled in • an amendment. Councilmember Dwyer explained that, in this case, to strictly read the CDC and apply it would result in the City taking an illegal action, because the action would not be tied to the public health, safety and welfare.. He wondered if there might not be a provision in the Code that would allow the Council to adopt a saving construction to the Code where, if something has been omi.tted;.,one-would go back to the prior code. However, he does not know that to be the case and would not want to take an action consistent with that. Mr: Snyder said Councilmember Dwyer is making a good point, it is a complicated issue and the City Attorney's office would be glad to furnish something definitive. However, he said, he finds no vested right. He added that the court would defer to any rational basis that could be gathered in a defense situation. He said if the Council wishes to deal with the issue, they should do so as a legislative body rather than as a quasi-judicial capacity. Their present obligation is to deal with the Code as it is, correcting any defects in the Code as a legislative body by amending ordinances. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THE MATTER UNTIL A RECOMMEND- ATION.HAS BEEN RECEIVED FROM THE PLANNING BOARD REGARDING HOME DAY CARE REGULATIONS. Councilmember Jaech noted that any action taken by the Council this evening could be directly affected by the Planning Board recommendations. Councilmember Dwyer remarked that he would favor continuation. MOTION CARRIED. Mayor Naughten asked the staff what Ms. Goforth's status is during the interim period. Mr. Bowman replied that the City Attorney's office has maintained that as long as the applicant is proceeding through the administrative.process of acquiring a necessary permit, she may continue her operation. However, at the time a final decision is made,.if the decision goes against her, she would have to immediately cease. Mr. Snyder concurred. 0 406 June 5, 1984 _ continued MAYOR Mayor Naughten said three more .Edmonds athletes have qualified for Olympic teams, two for crew and one for sailing, plus a coach for sailing from Edmonds. The Mayor said he had presented an.award to a young woman for her three year contribution to the Recreation Department. In addition he proclaimed the month of June as Parks and Recreation Month. Mayor Naughten announced an executive session to follow the regular meeting to discuss a labor contract. COUNCIL Student Representative Brian Stewart, in reply toa question.from the Council, said he had received the Excellence in Humanities Award, Best Spanish Student Award, and the Association of Principals'. - Award last week. Council President Jaech read letters from Betty Mathey dated June 5th asking the Council to recon- sider their decision of May 29, 1984.relating to setback.determinations. Mr. Snyder said the Council's decision is final. since they upheld the Hearing Examiner's findings.. He added that there are three remaining days, under the Code, in which the matter may be appealed to Superior Court. Councilmember Ostrom asked for any suggestions and approval from the Council regarding a letter before them to Mr. Auerswald of the Port.. In response to a question from Council President Jaech, Ms. Block described ownership of property on the waterfront. Council President Jaech requested a report from the City Attorney as to how the Port acquired the small property by the Ferry Terminal. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, THAT THE LETTER TO THE PORT BE APPROVED AND SIGNED BY THE COUNCIL PRESIDENT. MOTION CARRIED. Councilmember Hall reported that she had met with the selection committee regarding the Highway 99 Loop; three firms will be selected. The members of the.committee are Councilmember Ostrom, Mayor Naughten, City Engineer Adams,.Actg. Pub. Wks.-Dir. Mills, and Councilmember Hall. Councilmember Hall said she and the Mayor had attended the Firefighters banquet at which Barbara Eyrish was honored. The Wade James Theater improvements ground breaking was also attended by Councilmembers Jaech and Hall, Mayor Naughten and others. These improvements are to make the theater accessible to the handicapped. Mayor Naughten asked Hydraulics Engineer Jerry Hauth to explain a request for a sewer extension on the line being installed. Mr. Hauth described the location of the four parcels (not within the L.I.D. boundary) requesting connection to the sewer. They are currently served by sewers but must pump into those systems. Necessary installations at this point would cost approximately $700 each since the ground is open, later the cost would be closer to $3,000. He suggested that 412 Funds be used, billing these properties when they wish to connect rather than bringing them into the L.I.D. Since they are already on an L.I.D., they would not be realizing the same benefits of the other people in the Meadowdale L.I.D. and were not included. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, THAT THESE FOUR PROPERTIES BE ALLOWED TO CONNECT TO THE SEWER AND PREVAILING INTEREST BE CHARGED ON THE $700 FROM THE TIME OF INSTALLATION UNTIL THE PROPERTY IS CONNECTED. MOTION CARRIED. Since there was no further business to come before the Council, the meeting recessed to executive session at 9:25 p.m. and adjourned at 9:55 p.m. 00 X(CQUL7LINE G. PA RETT LARRY S. NAUGHTEN 1 1 1