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02/19/1985 City CouncilTHESE MINUTES SUBJECT TO FEBRUARY 26 APPROVAL EDMONDS CITY COUNCIL MINUTES February 19, 1985 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 salute. PRESENT Larry Naughten, Mayor Jo -Anne Jaech Steve Dwyer Laura Hall Bill Kasper John Nordquist Lloyd Ostrom Jack Wilson Doug Reuble, Student Rep. CONSENT AGENDA STAFF PRESENT Art Housler, Administrative Services Director Dan Prinz, Police Chief Bobby Mills, Acting Public Works Superintendent Peter Hahn, Community Services Director Mary Lou Block, Planning Director Pat LeMay, Personnel Director Jack Weinz, Fire Chief Jackie Parrett, City Clerk Scott Snyder, City Attorney Shirlie Witzel, Recorder Item (B) was removed for correction. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. Councilmember Kasper arrived following this vote. The approved items on the Consent Agenda included the following: (A) Roll call. (C) Authorization to acquire right-of-way at 21717 76th Ave. W. ($557.49). (D) Authorization to advertise for bids for tractor and mower. (E) Set date of March 5, 1985 for hearing on appeal of Planning Board denial of rezone R-2-84 at 19006 BOth Ave. W. (Appellants: Wayne and Janet Smith). APPROVAL OF MINUTES OF FEBRUARY 11, 1985 [Item (B) on.Consent Agenda] Councilmember Hall asked that the letter from Councilmember Jaech, read by the°Mayor at the last Council meeting, be quoted verbatim in the minutes. "To Mayor Naughten and. Council Members from Councilmember Jo -Anne Jaech: As most of you are aware, I, like many other people, became a statistic in January of 1983, when my position with a Seattle banking institution was eliminated and I joined the ranks of the unemployed. The lay off forced me to go through the embarrassing and humiliating process of filing for unemployment compensation. All claims were made through the proper channels and noted on my 1983 public disclosure statement, which is on file in Olympia. However, a couple of weeks ago, I found out that the City of Edmonds erroneously paid a portion of my claim. Immediately upon hearing this, I contacted the unemployment office and repaid the money. I am asking that this be read tonight because I am unable to attend the meeting due to a prior commitment. On Friday, February 8, 1 learned that the ex -Mayor of Edmonds, Harve Harrison, has chosen this as his subject for fulfilling his editorial contract with the Enterprise newspaper. I am presenting these facts to you for your information so you wi now what happened prior to publication of the article. Signed, Jo -Anne Jaech." COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE MINUTES OF FEBRUARY 11 AS CORRECTED. MOTION CARRIED. AUDIENCE. Gordon hosier, 16105 N. Meadowdale Rd., represented the Meadowdale Community Club in asking the Council to take action in abating the problem of horses being ridden on the sidewalks along 76th Ave. W. They also asked that patrols be increased along 76th as it goes into 75th Ave. W. The Club would like a sidewalk connecting Meadowdale Beach Rd. and 76th along 171st St. S.W. on the south side, and a sidewalk along 75th Pl. W. and N. Meadowdale road, making a full circle in the area. He expressed his 1 EDMONDS CITY COUNCIL MINUTES Page I February 19, 1985 pleasure that the sewer was in and hooked up to his property. Reminding the Council that he had asked them to join with Lynnwood and Mountlake Terrace to determine what is causing clams in this area to contain 300-500% higher levels of arsenic, cadmium and lead, he asked that Edmonds assume a leadership role in this area. He noted that planned education of the population concerning the effects of pollution has not been accomplished. Stating that the Governor needs all the help he can get in determining the cause of Puget Sound pollution, Mr.Rosier was not advocating a secondary sewer system but wished to find answers to the problem. On another subject, He mentioned an article in the Enter rise concerning Councilmember Jaech. He said the return of the funds indicated t e funds were received, which implied a prosecuting offense, and asked the City to conduct an independent study of what had happened and report to the citizens. Mayor Naughten said such a study had been done and will be presented during the Mayor's portion of the agenda this evening. Greg Scarr, 22609 90th Ave W., representing parents concerned with the traffic problem at Woodway High School, presented a petition with 586 signatures. Mr. Scarr read the petition in which suggestions were made to improve the traffic problems at the entrance to the school: 1. Open the northwest gate at 102nd Place for one hour before and one hour after school and during after school special events. 2. Install a traffic light at 100th Ave. W. and the Woodway entrance. Mr. Scarr also displayed a cartoon depicting the frustration of parents bringing their children to school. Mayor Naughten reported that a letter had been received, signed by seven people, requesting the gate be opened during those hours. Brent Olsen, 22915 102nd Pl. W., asked the Council to consider several points with regard to the gate. He said this was not a through street when Woodway High School was built and has not always been an access to the school; the street was extended 2-3 years after Woodway was constructed. He said a serious traffic problem existed prior to installation of the gate in the spring of 1980. He had pursued a solution for four years and finally contacted Jim Haines, County Councilmember, who arranged for a traffic investigator to look at the situation; a determination was made that there was a traffic hazard as a result of traffic going to and from the high school that refused to obey the 25 mph speed limit. Mr. Olsen said 38 of the 40 residents on the street signed a petition to install the gate. In regard to the recent annexation of this area to Edmonds, he said there were three parties involved in the annexation request: the School District, which had a contract with the City for police protection; the second party was the City, which wanted the tax revenue from the businesses on Edmonds Way; and the citizens, who wanted the gate closed. In gathering signatures for the necessary petition for annexation, he said he encountered a great deal of distrust in regard to the promise from the City to keep the gate closed. He said opening the gate will not solve the Woodway traffic problem but will push it back on 102nd P1., where there is a lot of pedestrian traffic in the afternoon. He believes a light is the only long term solution, even though it is costly, to solve both vehicular and pedestrian traffic problems. In regard to charges made in the press recently, he said the residents on 102nd are concerned about safety and there is no connection between closure of the gate and the student who was hit by the car on 100th. He reiterated that the gate was installed because of a hazard, which will still exist if the gate is opened. He reminded the Council they had made a commitment to keep the gate closed when the area annexed into the City. Matthew Latimer, 10704 229th Pl. S.W., spoke from a student's point of view in regard to the gate at 102nd. He understood the attitude of concern regarding the danger and risk involved in opening the gate but felt there was more danger and risk involved by not opening the gate. In the afternoons, there is a large amount of vehicular and pedestrian traffic going in one direction. On 100th Ave. W., large numbers of students are waiting for buses or crossing the street. He said many times there have been close calls when the pedestrians and vehicles mix at the entrance. Although opening the gate will not solve the problem completely, he said, it will lessen the amount of traffic using that entrance. Sherry Wetmore, 21912 98th Ave. W., said the driving of the students created the problem on 102nd. She suggested that law enforcement would take care of that. Closing the gate also eliminates the problem, but limits other people who have a right to the road; she said the road is not a private road. She noted the road was opened in the first place to help the traffic from the school. She contended that it is unfair to give residents on 102nd Pl. a full-time, protected street. She said opening the gate one hour before and one hour after school is all that is being asked. She noted that EDMONDS CITY COUNCIL MINUTES Page 2 February 19, 1985 the elementary school does not start until 9:00 am, long after the gate would be closed again. Opening the gate at 2:00 pm and closing it at 3:00 pm would protect students walking from schools that dismiss at 3:30 pm. There is no request for a full time open gate, she said, which would be a breach of the Council's commitment. Her concern is for relief of the traffic problem. She said she had traveled the street several times and had not encountered anyone walking. She feels this is a reasonable request and defined special events as a total school involvement such as open house and graduation, which are already in the agreement. She asked the Council to consider their request to open the gate one hour before and -one hour after school, leaving it closed at all other times including weekends. She invited the Council to make the trip to Woodway when school dismisses at 2:00 pm and witness the congestion. Although opening the gate will not be a total solution, she said, the traffic will be diversified in two directions and will be safer. Mayor Naughten thanked the speakers for expressing their concern about the gate issue. He said the Council had decided at a previous meeting not to discuss the gate. Based on the petition and the presence of those in the audience, he said the Council may review that and decide if they wish to take any action. Councilmember Hall said she agreed with the comments made, based upon her experience in teaching at the school. She said there has been a problem from the very beginning and principals through the years have described the situation as a nightmare. She said the Council should place this on the agenda for a work session and suggested the March 12 meeting would be good for looking at the petition and background material and also suggested that two or three Councilmembers view the situation at the school. Community Services Director Peter Hahn said a report from the traffic study being done at this time will be ready in a month. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO SCHEDULE A WORK SESSION ON THE WOODWAY GATE ISSUE ON APRIL 9, 1985. MOTION CARRIED WITH COUNCILMEMBER DWYER VOTING NO. Mayor Naughten, in speaking with the School District, had discussed the possibility of jointly hiring a traffic consultant to study the issue and make recommendations. The information concerning the cost for the study will be before the Council next week and the information from the study would be available for the April 9 meeting. STAFF RESPONSE TO ISSUES RAISED BY MEADOWDALE RESIDENTS Community Services Director Peter Hahn reviewed the material in the Council information packets concerning this subject. He said points can be raised forever about the issue; but, in his opinion, the ordinance is excellent that the Council fashioned from recommendations they had received and the Seattle draft Director's Rule. He said it is a "middle of the road" approach to regulating a difficult situation and he would recommend that the ordinance not be changed. He noted that the covenants were never an issue in Seattle. Mr. Hahn said many cities do not allow development of any kind. One building permit has been issued under these conditions and apparently there has been no trouble with financing; he does not understand why people making loans would not want the information that this was studied. He said there are alternative approaches that would allow the Council to modify the thresholds for application of the covenants. He said the Seattle covenant is recorded with the deed in King County and runs with the title perpetually. He said the covenants will not eliminate lawsuits against the city. He recommended that the Council keep both the covenants, the one to notify and the other to indemnify and hold harmless. Councilmember Kasper asked the difference between a covenant up front and a hold harmless at the time of the building permit. City Attorney Scott Snyder said the main purpose of the hold harmless agreement would be to deal with second and third generation buyers; a covenant to notify relates to the initial builder. In order to bind future property owners from suing the city, the covenant would need to run with the land and be recorded in the chain of title. Councilmember Kasper said the determination was made before the sewers were installed. Mr. Snyder said he was asked what tools could be used as the moratorium was lifted. He said improvements have been made in the area; but one good slide, losing two properties and damaging individual and public improvements, could be far more expensive than the improvements that have been installed. Mr. Snyder said the improvements addressed a health need. In lifting the covenants and allowing building to go forward, the Council was in possession of more information than they had two or three years ago; he said he has tried to design a program that would give the maximum legal protection, while permitting development in the area to go forward. Councilmember Kasper said the slide hazard had nothing to do with the moratorium, which dealt with the health problem. He asked why these covenants were not recommended prior EDMONDS CITY COUNCIL MINUTES Page 3 February 19, 1985 to the moratorium, since the slide area has improved if anything. Mr. Snyder said no one had any idea of the extent of the problem or the degree of danger. Councilmember Kasper said the Council proceeded because they believed that the sewers would improve the area through the years. Mr. Hahn said there is stronger evidence for exercising care since the report has been received. Councilmember Hall expressed concern regarding the varying degrees of hazard and does not believe there should be a blanket covenant. She asked if a similar ordinance in Santa Clara County is working. Mr. Snyder said they have an appeal structure for property owners. He described the alternatives the Council might consider. Councilmember Ostrom said a blanket designation is not accurate. In spite of the middle of the road approach, he said it would be fairer to differentiate the areas within the study area. Councilmember Kasper objected to the use of the word "inevitable" in discussing slides in the area. Mr. Snyder said sooner or later some of the properties are going to go, based on the report of the geotechnical engineer. He said the issue of "dewatering" holds that the area becomes safer as it is dewatered, but the continued development anywhere in that area, including areas not within the city, can add more water from parking lots and impermeable surfaces. The report gives some indication of percentages of improvement, he noted, but never indicates the hazard would be entirely removed. Councilmember Hall asked if there were enough piezometers in the area to measure the water that is being .removed. She said there has been concern expressed that there are not enough in the area to give a true reading. She asked if the improvements are working and if more remedies can be installed. Mr. Hahn said piezometers are installed in the area, since monitoring is a significant part of the process. He said if anyone believes there are not enough, he would like to see their evaluation. He said the whole water problem changes over time and readings cannot be taken just one day at a time or even one season at a time. It must be monitored on a continuing basis for at least five years. Councilmember Hall asked if any improvement has been made. Mr. Hahn said there are indications but it is not an instantaneous phenomenon. He said information could be provided that would show what has been accomplished and that there has been an impact. Councilmember Hall asked Mr. Snyder if he recommends hiring a consulting engineer to review the conclusions of the Lowe report. Mr. Snyder said steps have been taken to improve the area; in the Council's position, he would want an expert to say there has been improvement and how much. Councilmember Wilson asked where the city would stand if a restriction were placed on property that would hinder development and/or value. Mr. Snyder said the preliminary assessment roll is being reviewed to determine whether the ordinance has had an impact, among other things, and in what direction. If the value of a particular tract of land has not been benefited, the assessment would have a similar impact. The report will be ready at the end of the month, he said. Councilmember Kasper asked if the report will cover the effect of the covenant. Mr. Snyder indicated that it would. He added that, in his opinion, the ordinance has identified the hazards associated with development and tries to weigh the potential costs to the general taxpayer against the benefits to individual property owners by allowing development to proceed. He said that the notification of these potential hazards by the City meets the requirements of state law for notification to future property owners. The covenants are not a magic answer that will prevent suits against the city, but the covenants try to give a defense. Councilmember Kasper said the City has control in the building permit process and the covenants should be imposed at that point. Since everyone is obligated to .give notice at the time of a transfer, why should the covenant be recorded in the title. Mr. Snyder said the existence of the Lowe report places the City under obligation to notify property owners. He described a case in which the State was involved with property in a slide area; the court ruled that the State had an obligation to notify of the potential hazard. Councilmember Kasper questioned whether notice should not be given at the time of development. Mr. Snyder noted that the City Engineer said the most critical time is when a slope is cut and development of the property does increase the risk. The problem arises, he said, because the Building Official must rely on the information supplied by the property owner. Councilmember Hall asked what made the Meadowdale area different from other areas in the City where potential hazards exist. Mr. Snyder replied that the City possesses information concerning Meadowdale. If the Council wishes to look at other areas of the City, funding a study and assembling the necessary base line data to extend this type of covenant, he agreed it would be a good idea. Councilmember Ostrom recognized the slide hazard in the area and did not think the approach taken unfair; however, the degree of hazard in the area is not equal and the ordinance should be modified to take that difference into account. Councilmember Ostrom EDMONDS CITY COUNCIL MINUTES Page 4 February 19, 1985 referred to paragraphs 1, 2, 3, and 4 of the memorandum from the City Attorney, which Mayor Naughten then read for audience information. Councilmember Hall agreed with the recommendations contained in the memorandum regarding appeals, adding that the complexion of the Board of Appeals would be extremely important and should include an architect, a contractor, a soils engineer, etc., if people are to be allowed an appeal. Councilmember Kasper would eliminate the first recommendation on page 5 of the memorandum, since the Council is being challenged for placing the covenant on this area and not on the rest of the City. Councilmember Hall asked if he would agree to instituting these recommendations now and then looking at the problem city-wide at a later date. Councilmember Dwyer noted that the covenant would not normally be required at the 2% - 5% risk level indicated in paragraph 1, unless the building official decided there was a significant risk. He said it is just as easy to incorrectly identify something and place it in a higher risk category as it is to place something in a lower risk category. Councilmember Ostrom agreed that nothing would be required unless the City Building Official identified a problem with the property; there would be a better reason for requiring the covenant then than on a blanket basis. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ALLOW COMMENTS FROM THE AUDIENCE REGARDING THIS ISSUE. MOTION CARRIED. Councilmember Nordquist asked if the Lowe map is definitive. He had heard during the course of this study that most of the water is held in the upland and a lowland property may be encumbered. Councilmember Kasper noted that the intent of the sewer project was to reduce the water upland so there would be no pressure downland. Councilmember Ostrom said the slide area is the slide area regardless of where the water is. Councilmember Jaech asked if the Board of Appeals would be given the power to make a determination as to liability potential to the City in the appeal process outlined. Mr. Snyder replied that was correct. Mr. Snyder said the California ordinances use either the Board of Appeals or a Hearing Officer. He added that an appeal from a Board of Appeals decision would go to Superior Court, not the City Council. Bob Anderson, 7370 N. Meadowdale Rd., commented that consideration of properties on individual merits, as suggested by the Council, would be wise. He said all of lower Meadowdale is indicated as a higher risk area on the Lowe map. He believes the risk is more diverse. He said the mortgage bankers they have contacted informally have not been willing to commit funds for development; if the Council knows of a mortgage banker who is willing to finance development, he would appreciate the name. He believes a report should be funded for other areas in the City to determine the percentage of risk. Dr. Anderson noted that trees on a property are an indication of a lower slide hazard when they are 10 to 200 years old. He indicated that the first structures in the Meadowdale area were built in 1870 and were still standing when they were removed from his property to make room for his house. He agreed that a problem arises when there is an intrusion on the property slope; but no property owner in Meadowdale would do any cutting or filling. He said these problems can be handled in the building permit process on a case by case basis. Mr. Snyder said the City is currently requiring soils reports, and reotechnical information, also required in the grading and filling permit process, as well as the design of the foundation and the drainage. Dr. Anderson said these items would provide sufficient controls. He added that it would be unfair to saddle all the property owners with the burden when they are distinctly different. He noted if the issue is not resolved prior to the assessment roll, some property owners would have no alternative but to take action to prove that their property had been damaged. If the Council can provide assurance from mortgage bankers that the covenant will not affect the loan process, he added, there would be no problem. Councilmember Wilson asked what was objectionable in the covenant. Dr. Anderson replied it was the description of the hazard in paragraph 2 of the covenant to notify. Councilmember Dwyer asked if a provision allowing individual property owners to appeal their designation as a 25% or 35% property would address Dr. Anderson's concern about the justice of a blanket description. Dr. Anderson said the entire area is described in the Lowe report and that information was detailed in the map. Mr. Snyder said there is a problem in matching legal descriptions with precise areas on the map. He said in building an appeal procedure, there should be opportunity to appeal if the major slide! hazard is on a portion of the property where the building footprint would not lie. He added that a subdivision that contained a 90% risk area limited that area to green space and open space and if the building footprints were within 5% or 25% areas, those should be appealable. Dr. Anderson said he was not sure that would aid them in selling the property for development or obtaining financing. EDMONDS CITY COUNCIL MINUTES Page 5 February 19, 1985 Gordon Rosier, previously identified, commented, that if the assessment rolls reflect the more heavily assessed areas are in the 90% slide zone and the assessment is reduced, his assessment would be increased and he would not like that. On another subject, he said, when the Meadowdale road was begun, so much water was found that it was stopped, the road was redesigned, the hole was filled and another route was chosen. He asked why the issue had been brought up now when it was known that the water was there and the hazards would be there regardless of what is done. Dick Beselin, 1108 12th Ave. N., agreed with Dr. Anderson's comments that property should be considered on an individual basis. He described difficulties encountered in attempting to get out of a flood zone area classification set by Snohomish County. He said a geologist had determined his property in Meadowdale is stable, but it is sandwiched between two of the wettest areas in all of Edmonds, proving the property should be evaluated on a case by case basis. He added that establishing a zone for an area would injure the property owner who has good ground in that zone. Pat Scully, 22424 31st Ave. S.E., Bothell, and his father own two and a half acres in Meadowdale. He agreed with Dr. Anderson that property should be evaluated on anindividual basis at the permit level. He said approximately two-thirds of their property is sloping toward a cliff on the back portion of the property. The zone indicates a 2% slide zone on top of the cliff and a 90% zone on the bottom, he said, protesting that the 90% zone should also be appealable. He said the sewer system is supposed to reduce the seepage from the cliff and stabilize any potential movement. Councilmember Dwyer asked if Mr. Scully would agree with a blanket designation that allowed individual appeals. Mr. Scully agreed that an appeal process would be desirable if it included the 90% zone. Mr. Snyder interjected that the 90% designation would apply not only to land that may slide but also to the land unto which other land may slide. Roger Mc Corkle, 20316 Dayton Ave. N., Seattle, owns two acres in the 90% area. He said they hoped the Council would compromise the language of the covenant to meet the requirement of the bankers. He said, after the owners have had a chance to discuss the recommendations of the attorney, he does not believe any of them will agree to them. He said he believes this would force protest of the sewer assessment. He said they were under the impression that language had been proposed for discussion between the City Attorney and Mr. Lantz. Mr. Mc Corkle had received the impression there was no room for compromise. He said they do not wish to appeal the sewer assessment and would not be forced to do so if the language can be modified to suit the mortgage bankers and he had been led to believe that was possible. Mr. Snyder interjected that., in conversation with Mr. Lantz, no such language was suggested. Councilmember Hall said the Council is not designing an ordinance for the mortgage banker; however, she said they do not wish to jeopardize the property owner's chance either. Mr. Mc Corkle asked that any decision be delayed until that could be .explored. Mayor Naughten closed the meeting to further comment from the audience. COUNCJ LMEMBER OSTROM MOVED TO PLACE THIS MATTER ON THE AGENDA FOR A HEARING ON MARCH 19. Mr. Snyder advised that the final LID assessment is set for April 16. Councilmember Kasper suggested the hearing be held after the final assessment roll is available, that discussion be continued and this matter heard before making a final decision on the roll. Mr. Snyder advised the Council to hear the final assessment roil and let the appeal period run prior to making a decision. MOTION DIED FOR LACK OF A SECOND. Councilmember Kasper suggested the question be scheduled for a work session to gather further information. He would like to know why there is a gap in the percentages of hazard between 35% and 90% and another matter that should be addressed is the question of financing. Councilmember Kasper expressed concern about the indemnity and bond requirements, not the covenant. Councilmembers Ostrom and Kasper discussed the merits of the Lowe report. Mayor Naughten said the information requested can be furnished by the staff. In regard to financing, Councilmember Kasper noted that it is the secondary market that presents a problem. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO PLACE THIS QUESTION ON THE APRIL 9 WORK SESSION AGENDA. Councilmember Ostrom asked what would be discussed. Councilmember Kasper said the appeal process should be discussed and then a public hearing should be held. Councilmember Wilson suggested that the City gain access to the banking industry to determine if there is a problem with the covenant. Just writing the covenant in a milder way, he said, would alert a banker since it must be recorded; therefore, that may not accomplish anything. Mr. Snyder said an indemnity provision must specify what is being indemnified, if it is to be valid, and it must be recorded to be binding on future property owners. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 6 February 19, 1985 Mayor Naughten verified that the items to be discussed are the gap in the gradations, the financing and a look at the appeals process. Councilmember Kasper said the ramifications must be examined if the LID is blown out at this point. Councilmember Hall asked that the complexion of the Appeals Board be checked. FERRY TRAFFIC CONTROL REPORT Police Chief Dan Prinz described the traffic problem in the downtown area on SR 104, Dayton St., Main St. and Sunset Ave. Part of the problem is nonuse of the ferry holding lane, primarily because of a lack of signs and right turn problems from SR 104 onto Dayton St. He reported a meeting on January 17 with the Dept. of Transportation that proved productive; items discused were: 1. Widening the holding lane to accommodate two lanes of traffic, which would increase the holding capacity for the area and direct ferry traffic to specific lanes; 2. There would be a no -right -turn designation from SR 104 onto Dayton St; 3. The ferry traffic at the intersection would be controlled with a master traffic control device; 4. The current Dayton St. project will eliminate parking on the south side of Dayton St. in the 100 block; 5. The signal at Sunset Ave., and Main St. would be replaced with a full -cycle signal; 6. The ferry system hopes to expand their dock facility to include parking for more vehicles; and, 7. The DOT project is planned to begin in six to nine months, and it is hoped, will be coordinated with the City project. Councilmember Dwyer expressed his appreciation of the efforts Captain Tribuzio in the study of this problem, which affects more people than is realized. Councilmember Kasper said the light on Main St. is left too long at a time and the practice must be cured. SIX-MONTH REPORT FROM CITY ATTORNEY AS TO WHETHER THERE ARE INCREASED COSTS AS RESULT OF MAKING NONTRAFFIC 'M.ISDEMEANORS JAILABLE OFFENSES Mr. Snyder asked if there were any questions on the report. Councilmember Ostrom asked if the only increase is $500. Mr. Snyder said it is difficult to assess what portion of the $500 is attributable to this. He said they are discussing whether it would be appropriate to have a prosecuting attorney present at arraignments; experience shows that their presence results in more pleas, reducing the total number of trials. Councilmember Dwyer asked if the Council has any option in light of the DWI ordinance. Mr. Snyder said the Court Reform Act gave a broad, general consent to differing penalties. He said the DWI situation is specific because of the specific statute in recent DWI provisions that requires all city DWI penalties to conform to State law. He said the Council is not precluded from making changes if they wish. Councilmember Dwyer asked to see another report prior to the next budget process. COUNCIL COMMITTEE ASSIGNMENTS After discussion of various assignments, the following changes and assignments were made: Ad Hoc Committee on Waterfront Development - eliminated; Edmonds Business Association - disbanded; Edmonds Chamber of Commerce - Naughten and Nordquist; Economic Development Council of Puget Sound - eliminated; HUD Block Grant Policy - Naughten; Intergovernmental Shared Services - Naughten; LEOFF Disability Board - Ostrom and Wilson; Professional Consultant Selection Committee - Nordquist, Naughten and Hall; Puget Sound Council of Governments - Naughten and Kasper; Puget Sound Regional Arts and Convention Complex - Hall; Snocom - Dwyer; Economic Development Council - Kasper and Hall; Snohomish Health District - Nordquist and Kasper; Snohomish County Public Transit Board - Jaech and Kasper; Snohomish County Chamber of Commerce - Naughten; Volunteer Firemen's Pension Board - Naughten and Jaech; Emergency Services Coordinating Agency - Naughten; and Sno-Tran Policy Committee - Naughten. Councilmember Kasper asked to represent the City on the Public Transit Board, based on his background and education. Councilmember Hall expressed concern about the transit question, saying it may take two members on the board. Since the federal funds had been accepted and there will be no further funds available; she said it will be a big job to sort the problem out and it will take a lot of good.minds to make that fiscally sound. Mr. Snyder interjected the fact that representation on the Transit Board is set by State statute. Councilmember Nordquist explained that Lynnwood and Edmonds each have enough population to allow them each to have one member; smaller towns must go together and share a representative. Members are appointed for two year terms. He explained that he became a Board member in January 1984 for a two-year term; however, his assumption of the Directorship of Community Transit placed his board membership in abeyance. Because of the unexpected length of his tenure as Director, an alternate was EDMONDS CITY COUNCIL MINUTES Page 7 February 19, 1985 F_� selected. He said he intends step to down as a board member. He noted that Councilmember Jaech has been representing the Council and he has received numerous calls from Councilmember Kasper expressing interest in serving as an alternate until 1985 and becoming a board member at that time. Councilmember Kasper reiterated that he was interested now since the main position will be open. Councilmember Wilson expressed his discomfort with the way in which the alternate position was moved to the main position. However, he added, a more important aspect is the fact that Councilmember Kasper has mentioned his wish to be on the Community Transit Board when Councilmember Nordquist steps down. He said that Councilmember Kasper is more qualified to be on the board than any other member of the Council and his seniority on the Council should give him that prerogative. Councilmember Hall indicated her support of Councilmember Kasper for the Board position. Councilmember Jaech said she had served on the board for the last two months. She said the Board members have asked her to stay on the Board and complete the year because of the recent reorganization. She said with Council approval she would step down at the end of the year, since she had started some projects and would like to complete them. Councilmember Dwyer asked Councilmember Kasper if he would agree that Councilmember Jaech complete the year. Councilmember Kasper said the position is being vacated at this time and he would like to be considered for the position. Councilmember Hall said she had been appointed to the Community Transit Committee by the previous Mayor and the Council voted to have Councilmember Nordquist serve in that position instead. She said it is time to make a decision regarding this position since Councilmember Kasper wants to serve on that Board. Councilmember Nordquist said the people selected for committee positions are often chosen for their availability for meetings during the day. In response to a question from Councilmember Ostrom, Mr. Snyder said the Council President has the authority to select a replacement for a committee position other than the Snocom and Health Board, if the Council does not elect anyone.; the final authority rests with the Council. Councilmember Wilson urged the Council to respect the seniority of Councilmember Kasper, since he would like to serve on this Board. He felt there should be no need for a motion, but out of respect for the seniority of the person, one should step aside to make room for him. In view of the fact that the two-year term begins in January and Councilmember Jaech is now serving in this position, Councilmember Ostrom supported her completion of the term. COUNCILMEMBER WILSON MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, TO APPOINT COUNCILMEMBER KASPER TO THE COMMUNITY TRANSIT BOARD FOR REASONS OF HIS DESIRE, SENIORITY AND QUALIFICATIONS. Councilmember Hall asked the City Attorney for clarification of the guidelines to determine what may be done. Mr. Snyder ex-plained that the smaller communities must pool their votes every two years to elect one member to the Board; Edmonds has one vote and the authority to select the member to represent the City. Because he is Acting Director of Community Transit, Council President Nordquist said he would abstain from voting. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS HALL, KASPER., AND WILSON VOTING YES; COUNCILMEMBERS DWYER, JAECH, AND OSTROM VOTING NO RESULTING IN A TIE VOTE. THE MAYOR DECLINED TO VOTE TO BREAK THE TIE. MOTION FAILED FOR LACK OF A MAJORITY. Council President Nordquist continued listing the Council Committee assignments: Community Services Committee - Hall, Chairperson; Kasper; Ostrom and Dwyer. Finance and Personnel Committee - all Council members. Public Safety Committee - Wilson, Chairperson; and Hall. Mayor Naughten recessed the meeting for 15 minutes, reconvening at 9:55 p.m. PERSONNEL COMMITTEE MEETING (A) Continued Discussion of Proposed Reclassifications of Community Service Managers: Mr. Hahn briefly reviewed the background of this item. He said four months have elapsed since the process was begun. He observed that leaving four division managers in a position of uncertainty implies some question about what they should be doing or how well they are doing it. He asked that the issue be settled in whatever way the Council wishes to do so. EDMONDS CITY COUNCIL MINUTES Page 8 February 19, 1985 Councilmember Wilson agreed with the report except for the position of Public Works Superintendent. He said that position should have parity because it is an important job, managing many people. In'review of the job description, he sees the paperwork will be taken from the position in the development of the computer capability, but he noted the Table of Organization Chart also indicates that the position deserves parity with the other manager positions. Councilmember Hall agreed with Councilmember Wilson's comments. Mr. Hahn said he had no problem with that suggestion, but would base it on the job description, responsibilities and complexities of the position. He said the organization chart was not designed to indicate parity. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ACCEPT RECOMMENDATIONS 1, 2, 3 AND 4 ON PAGE 5 OF MEMORANDUM FROM COMMUNITY SERVICES DIRECTOR DATED JANUARY 15, 1985, CHANGING THE GRADE IN RECOMMENDATION 4 TO E-9. Councilmember Hall expressed concern that the grade of the City Engineer should be higher since that position must sign off on projects. Councilmember Kasper said the Community Services Director was hired to assume final responsibility in the areas of Planning, Public Works and Engineering. He said the Public Works Superintendent is a line position and should be an E-8. He would not support a requirement for a graduate planner in the Planning position since the Community Services Director is a graduate planner. As the position of Parks and Recreation is constituted, he has felt the position should be an E-8 grade. Since the City Engineer must qualify and be licensed by the State, he feels the position has final responsibility for projects and steps in for the Director and should be an E-9. He will vote against the motion. Councilmember Ostrom agreed with the recommendations of the Community Servi ces Director and will vote against the motion. Mayor Naughten noted that duties had been added to the Parks and Recreation Manager position with responsibility for the cemetery management and the Cemetery Board. Councilmember Hall said she did not support the addition of the Community Services Director position because the City is top heavy in management. At this point, downgrading positions indicates to the rest of the employees that they may be threatened, also. She said if this is to be done, the positions should be at E-10 levels, since Mr. Hahn has indicated that he is comfortable with that, or the Council could move that position to an E-11. She said the Administrative Services Director will be reviewed and there is talk of a Public Safety Director, she asked why this was being done in bits and pieces. She said she would vote against the motion because she is not comfortable with the elements in the recommendation. In looking at the reorganization, Councilmember Jaech said the purpose was to achieve continuity and coordination between the various departments and to free the managers for the jobs they were hired to accomplish. The Community Services Director was chosen to provide continuity in these departments, she said, with the intent that the other positions would be downgraded with the exception of the City Engineer due to the State requirement for certification and licensing. She said she could not go along with the motion, since it does not follow the Council's intent. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO AMEND THE MOTION TO ACCEPT RECOMMENDATION I AND CHANGE THE GRADES OF RECOMMENDATIONS 2, 3, AND 4 TO E-8. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH, KASPER, OSTROM, AND WILSON VOTING YES; COUNCILMEMBERS NORDQUIST, DWYER AND HALL VOTING NO. AMENDMENT TO MOTION CARRIED. Councilmember Wilson voted yes because the amendment does establish parity. Councilmember Jaech asked the City Attorney to clarify the main motion. Mr. Snyder explained that the vote would be on the motion as amended. Councilmember Jaech asked if that meant a yes vote would be for the City Engineer to be an E-9, Parks & Recreation, Planning, and Public Works to be E-8. Mr. Snyder afirmed that. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH, KASPER, OSTROM AND WILSON VOTING YES; COUNCILMEMBERS NORDQUIST DWYER AND HALL VOTING NO. MOTION CARRIED. Mr. Snyder asked if the Council would consider a vote confirming the conanittee appointments. Councilmember Kasper replied that one appointment had been delayed a week and the Council agreed to confirm all appointments at the same time. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONTINUE THE MEETING PAST 10:00 P.M. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS DWYER, HALL, JAECH, KASPER, OSTROM, AND WILSON VOTING YES; COUNCILMEMBERS NORDQUIST AND OSTROM VOTING NO. MOTION CARRIED. (B) Review Comp -Time Policy: COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER BY COUNCILMEMBER STR M, TO ACCEPT THE REPORT. Councilmember Kasper does not agree that EDMONDS CITY COUNCIL MINUTES Page 9 February 19, 1985 comp time should continue for an entire year and said it should not exist in management positions. Councilmember Hall agreed that a shorter period would be more reasonable, providing more accountability and would like to consider a three-month period within which the comp time is used or paid. Personnel Director Pat LeMay explained that the proposed change allows the non-exempt, non -represented employee to use the comp time during a 12-month period following date of accrual, which would be consistent with the practice extended to the exempt employees. Councilmember Wilson also agreed with a shorter cycle. Councilmember Jaech noted that the majority of the Council agreed during previous discussion of this subject, that comp time should be used during a 3-month period and that the restriction applied to everyone other than union contracts. Mr. LeMay said it would be consistent application in administration to have the 12-month time frame extended to the non-exempt, non -represented as it is to the exempt. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AMEND THE MOTION THAT COMP TIME BE CONFINED TO THE QUARTER AND MANAGEMENT DOES NOT RECEIVE COMP TIME. Councilmember Kasper said management would include anyone classified as a manager or director, which would include department heads. Councilmember Ostrom asked why the comp time should be taken within the quarter. Councilmember Kasper said he sees a large amount of time taken at one time and it is difficult to handle; from December 15 to the end of the year there is no one present. Mayor Naughten interjected that vacation time is used, also; and the employee would have 12 months to use the comp time from the time it is earned, not necessarily at the end of the year. Councilmember Dwyer said there has been nothing demonstrated that people are abusing this right. Councilmember Jaech asked if both the motion and amendment included the 40 hour cap on comp time. They indicated that it did. MOTION TO AMEND FAILED WITH COUNCILMEMBERS JAECH, KASPER AND WILSON VOTING YES. Councilmember Ostrom voted against the amendment because of the restriction upon when comp time should be taken. A ROLL CALL VOTE WAS TAKEN ON THE MAIN MOTION WITH COUNCILMEMBERS NORDQUIST, DWYER, HALL AND OSTROM VOTING YES; COUNCILMEMBERS JAECH, KASPER AND WILSON VOTING NO. MOTION CARRIED. Councilmember Jaech voted no because she disagreed with the 12-month period. MAYOR Mayor Naughten announced the Consultant Selection Committee will meet February 27 at 1:00 p.m. in the Planning conference room. The Mayor announced an Edmonds' Mary Harshman Night, sponsored by Harbor Square on March 1. It will be a "roast" with Bruce King as host. Everyone was urged to call for their tickets. Mayor Naughten reported that he is on the Policy Committee for the North Corridor Extension Project. He said there was a three-hour tour on February 15 of the proposed light rail transit routes. The Mayor distributed copies of a letter from Administrative Services Director Art Housler regarding the discussion of unemployment compensation for Councilmember Jaech. He read the letter for the record. Councilmember Jaech said many of the questions which resulted from the article in the Enterprise might have been answered if she had been contacted before the article was written. The situation came to her attention in January of 1985; she had no knowledge that there had been a claim against the City until that time. Upon notification, she contacted the State and, learning that the City had been billed, had reimbursed the funds. She noted that her legal name is Betty Jo -Anne Jaech and she has used the Jo -Anne for years although she used her full name on all disclosure statements, etc. If the public disclosure form had been checked, it would have been seen that she collected unemployment compensation is on file. In response to a question from. Councilmember Wilson regarding when this was discovered, Mr. Housler explained that the State sent a notice requesting additional information on the claim., The information was provided by the City. He did not know 'how it was discovered. Councilmember Wilson asked why the Council was not informed more promptly. Councilmember Jaech reiterated that she was not aware of the problem until January of this year. Councilmember Kasper asked what type of liability the City has for unemployment. Mr. Housler said the State bills the City and the budget includes amounts for unemployment. Councilmember-Hall asked for clarification of the situation. She accepts the report presented this evening but believes it could happen again unless something is done to discover what happened. She asked for a report on how this happened, why there was no indication of how much unemployment was due, and what records the City is keeping on these amounts. EDMONDS CITY COUNCIL MINUTES Page 10 February 19, 1985 Mr. Snyder explained that the report before the Council contains all the information that is available from City records. He said the information being requested by Councilmember Hall would be in the possession of the Division of Employment Security and a request could be sent to them. Councilmember Jaech asked if Councilmember Hall is requesting some type of controls or procedures be established by the City to prevent a reoccurrence. Mayor Naughten asked Mr. Housler to obtain the information. Mr. Snyder added that the City was not the primary employer and would not receive the first notice. Councilmember Hall said there was not enough information supplied the Council at the beginning of this situation to allow them to give intelligent answers when asked questions. She again asked for a report next week to see if anything else has transpired. COUNCIL Councilmember Dwyer said a question was raised at a recent ADB meeting concerning presentation of awards for good project design. He suggested the staff determine the money needed, perhaps $150.00, and present a request to the Council to be taken from the contingency fund. Councilmember Dwyer has noted comments made by the Council regarding City department heads during the last several weeks and this evening. He said they are borderline, disparaging remarks at times. If people are behaving inappropriately or taking advantage of situations, he said, they should be fired. If that is not the case, he believes the Council should stop making generalizations about people who are providing a good service on the whole. He believes it is unfair and should be stopped. Councilmember Nordquist agreed. Councilmember Wilson asked what is transpiring on the Council Assistant position. Councilmember Nordquist replied that the advertisement has gone to the paper with a closing date of March 1 for receipt of applications. Councilmember Kasper said the appeal request that was approved on the Consent Agenda did not contain any reasons for the appeal. The Council had indicated they would not accept appeals unless valid reasons were included for the appeal. Councilmember Hall asked if the Association of Washington Cities dues appearing on the Warrant Register of January 23, 1985 are listed correctly at $9,030. Mr. Housler will check the amount. Also appearing.on the Register, she said, was a charge from Councilmember Jaech for breakfast, which should be billed to the Community Transit Personnel Committee. Councilmember Jaech replied that the City had hosted the meeting. Councilmember Hall maintained that it was Community Transit business. Since there was no further business to come before the Council, Mayor Naughten adjourned the meeting at 11:40 p.m. ACQLYELINE G. PARRETT, City Clerk WRY rayoV L EDMONDS CITY COUNCIL MINUTES Page 11 February 19, 1985