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02/26/1985 City CouncilTHESE MINUTES SUBJECT TO March 5 APPROVAL 1 EDMONDS CITY COUNCIL MINUTES February 26, 1985 (Work Meeting) The regular meeting of the Edmonds City Council was called to order at.7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag 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 Bobby Mills, Actg. Public Works Superintendent Peter Hahn, Community Services Director Art Housler, Administrative Services Director Dan Prinz, Police Chief Pat LeMay, Personnel Director Steve Simpson, Parks & Rec. Director Mary Lou Block, Planning Director Jack Weinz, Fire Chief Jim Adams, City Engineer Jackie Parrett, City Clerk Scott Snyder, City Attorney Shirlie Witzel, Recorder COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADD ITEM (G), CONTRACT FOR CONSULTANT ON WOODWAY HIGH SCHOOL TRAFFIC DEVICE, TO THE CONSENT AGENDA. MOTION CARRIED. Items (D) and (G) were removed from the Consent Agenda for discussion. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of minutes of February 19, 1985. (C) Adoption of Ordinance 2482 regarding compensatory time. (E) Authorization to purchase two vehicles from State contract ($21,000). (F) Acknowledge receipt of claim for damages from Terri L. Schluetz ($109.15). PROPOSED ORDINANCE 2483 ESTABLISHING. NEW GRADES FOR COMMUNITY SERVICES DIVISION MANAGERS Item D on Consent Agenda This item was removed from the Consent Agenda by Councilmember Nordquist because he does not concur with the ordinance, had not voted for the proposal last week and would not vote for it this evening. Councilmember Hall asked a member of the prevailing side to bring this up and reconsider the question. City Attorney Scott Snyder explained a motion was necessary to adopt the ordinance, votes could be changed at that time and a motion for reconsideration was not necessary. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO ADOPT THE ORDINANCE. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH, KASPER, OSTROM AND WILSON VOTING YES; COUNCILMEMBERS NORD.QUIST, DWYER AND HALL VOTING NO. MOTION CARRIED. Councilmember Hall questioned the lack of acceptance of the report from.the Community Services Director on these positions. Councilmember Wilson reiterated his position that the Public Works Superintendent position should have parity with the other positions and this ordinance does establish that parity. Councilmember Kasper recalled the discussions at the last Council retreat to the effect that a full-time Mayor and addition of a Community Services Director position would result in a reduction of management in those departments. He noted there have been no down grades in pay. He does not accept the figure of $562 as an increase and believes the overall increase would be very heavy in future years. He stated that the reorganization should progress through the lower echelons. Councilmember Ostrom seconded Councilmember Kasper's comments. He reiterated his remarks of last week, his initial acceptance of Mr. Hahn's report and then his EDMONDS CITY COUNCIL MINUTES Page 1 February 26, 1985 reconsideration, based on the Council retreat discussion of lowering the other levels of managers under the Community Services Director. In response to a question from Councilmember Hall, Mr. Snyder said the Mayor has ten days to sign or veto the ordinance, at the end of the ten days, should no action be taken by the Mayor, the ordinance would be enacted. Mayor Naughten indicated that he would veto the ordinance because changes have taken place since the Council retreat that are not being considered; he will present that case when the matter comes up again. Mr. Snyder explained that either a veto message or letter form is used for veto; the vote of a super majority of the Council is required to override a veto. Councilmember Dwyer encouraged the Mayor to veto the ordinance as quickly as possible, bringing the matter before the Council to determine if there are five votes and, if not, the matter can be pursued. He indicated his past and future support of the Community Services Director's proposal. CONTRACT FOR CONSULTANT ON WOODWAY HIGH SCHOOL TRAFFIC DEVICE [Item (G) on Consent Agenda] Councilmember Hall asked Community Services Director Peter Hahn to explain this item. Mr. Hahn said the consultant would study the problems at the entrance to the Woodway High School at Firdale Ave. The consultant would use data collected by the City, enabling him to submit findings and recommendations for designs and alternatives for Council consideration in April. Mayor Naughten added that costs would be divided between the City and the School District. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE CONSULTANT CONTRACT FOR WOODWAY HIGH SCHOOL TRAFFIC DEVICE. In response to a question from Councilmember Jaech, Mr. Snyder said this is a standard consultant agreement for under $2,000 and conforms to State law. MOTION CARRIED. The Council recessed to Executive Session to discuss legal and personnel matters at 7:10 p.m., reconvening at 8:00 p.m. Councilmembers Jaech and Dwyer were not present immediately upon reconvening. CONTINUED DISCUSSION ON PROPOSED SALE OF CITY PROPERTY LOCATED ON 200TH S. W. BEHIND 8421 AND 8427 200TH ST. S.W. Community Services Director Peter Hahn summarized prior discussions of this subject. Because of the short time frame, Staff was unable to provide the appraisal on the property requested by Council motion for this evening. He recommended that the Council set a minimum bid price and advertise the property for sale in "as is" condition to determine the market value of the property. Because of the problems in regard to boundaries and access, an appraisal would not reflect the true value of the property. Advertising the property may produce letters of interest, he noted, and referred to the offers from abutting .owners and their indication that the $10,000 could be negotiated upward. If the City were to consider those offers, restrictions could be placed on the property in regard to future development. Councilmember Dwyer returned to the dais at this point. Councilmember Kasper observed that there are builders who make their living from solving this type of problem and believes the City could find some that would accept the risk. He said raw land tends to be under -appraised by one third the value and would recommend placing the property on the market at 150% of the assessed value. In using the current appraisal, he would ask 125% from the adjacent property owners, because of the problems that are involved; they would not know what they are getting into. He noted that a commercial developer would know that the "buyer" should "beware. Councilmember JaeCh returned to the dais at this point. * Councilmember Kasper suggested a price of $14,150 as a minimum bid. Mr. Snyder cautioned that a higher minimum bid might not elicit many offers, while a lower minimum would encourage more offers. He said the Council is not obligated to accept any of the bids. Councilmember Dwyer asked what difference exists now from the last time the property was offered for sale and no bids were received. Councilmember Kasper explained that the market is better now. Councilmember Dwyer objected to setting a minimum price in an open meeting. Mr. Hahn said a minimum price means the Council will not accept offers below that figure; he feels $14,000 is a good figure because it is based on the assessed valuation. Councilmember Kasper suggested that the terms of the sale could make a difference in the price. Mr. Snyder indicated that there could be a problem, that the City would in essence be lending credit by accepting terms. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO INSTRUCT THE STAFF TO ADVERTISE THAT THE CITY WILL ACCEPT CASH OFFERS ON THE TWO LOTS. MOTION CARRIED. PROPOSED AGREEMENT WITH EDMONDS ARTS FESTIVAL * See March 5, 1985 Minutes EDMONDS CITY COUNCIL MINUTES Page 2 February 26, 1985 Parks & Recreation Director Steve Simpson had met with the Edmonds Arts Festival Association at the direction of the Council to discuss their annual space needs in the Anderson Center. He described the contents of the contract, which resulted from discussions with the Association and the City Attorney. Mr. Simpson recommended that the Council direct the City Attorney to draft a contract with the Association and that the Council declare the third week in June as Edmonds Arts Festival Week, recognizing the' Festival's continuing contribution to the City. Mr. Snyder explained that the contract would be for three one-year periods, allowing renegotiation of price and space each year. In addition, a $1,000 performance bond/damage deposit would be required. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER HALL, TO INSTRUCT THE CITY ATTORNEY TO DRAFT A CONTRACT PUTTING INTO EFFECT THE RECOMMENDATIONS CONTAINED IN THE STAFF REPORT FOR ARRANGEMENTS WITH THE EDMONDS ARTS FESTIVAL ASSOCIATION. Councilmember Kasper suggested that the value of the City's contribution to the Festival be determined and be considered when discussing how much the City contributes to the arts. Mr. Simpson said that could be done. Councilmember Hall asked if City contribution to other community projects should also be considered. Councilmember Jaech reviewed the concern expressed by the Association in being assured that space will be available so they may make long-range plans. She asked if they will not be paying for that space. Mr. Simpson replied in the affirmative and described the guidelines used in determining the amount. Councilmember Kasper had not realized they would be renegotiating costs and space on an annual basis. MOTION CARRIED. UPDATE ON CHASE LAKE PROPERTY PROPOSAL AND REVIEW OF ESPERANCE SCHOOL SITE PROPOSAL Mr. Hahn reported that, at Council direction, the staff had begun preparation of application for a Conditional Use Permit at Chase Lake to provide storage for the Public Works Dept. In the process, it has been determined that acquisition and development would cost approximately $200-250,000 because of the drainage problems at the site. He said the option on the property expires in mid -May. Recently, Mr. Hahn reported, the School District had advised that six acres next to Esperance School would be surplused. He said an estimate of $200,000 for acquisition of the property may be very conservative and development costs would be approximately $50,000. tie asked for Council direction as to whether to pursue the option at Chase Lake. He suggested that a storage facility at either location would be expensive and recommended that further studies and permit applications for Chase Lake and Esperance School locations be abandoned. In addition, he recommended that a storage site be developed south of the Treatment Plant and the storage facilities be moved there for two -three years. Acting Public Works Superintendent Bobby Mills has received statements from residents supporting storage in that area. Mr. Hahn said County Councilmember Bruce Agnew had expressed interest in a joint venture to develop a neighborhood park in addition to a storage facility, and had received a petition from over 300 people who favor a neighborhood park. Mayor Naughten expressed concern, given the uncertainty of federal revenues, that the City should be considering projects of this type, since there is a storage facility available on City property. Councilmember Wilson asked why the drainage was not perceived as a problem when Chase Lake was originally considered. Mr. Hahn said there were three elements: 1. the drainage associated with the natural features of the land; 2. drainage of what would be built and its conveyance off the site and, 3. the issue of where the drainage would .be conveyed, since the sewerage system that would receive this drainage had problems of its own. He explained that building on the property creates an impervious, paved surface, causing the water to run off. Councilmember Kasper said the original consideration was for a storage yard, with the possibility of further City development or a park. He said the funds would come from water -sewer maintenance and a determination would be made later what would be done with the .property; he said there was a method of retaining the property in public ownership. The drainage was considered and there was no discussion in the staff recommendation that there were any hidden problems, he said and indicated that he would go over the figures to determine if they were correct. He said any drainage problems off -site are County problems: He also indicated that he would like to look into the site at Esperance School. Another point, he said, is the need for the materials to be stored on top of the hill. He suggested the figures presented be verified and the Council look at Esperance. Councilmember Jaech reminded the Council that a public hearing indicated there were definite drainage problems, with files, records, and a court case presented. She said, due to the different financial situation that is now developing for all cities, funds may not be available to do some of the things the Council had hoped to do. Since there are sites within the City that will accommodate Public Works storage, she said it is not necessary to spend money to find a site, suggesting the property at Perrinville might be used, if the horse corrals could be moved to another location such as the Meadowdale development. She said the problem could be assessed, while using the Treatment Plant land as a temporary solution for storage. Councilmember Kasper does not object to storage at the Treatment Plant on a temporary basis. He said the land at Chase Lake and Esperance is public land that may not be available again and should be considered on a long-term basis EDMONDS CITY COUNCIL MINUTES Page 3 February 26, 1985 for park needs in the area as well as a storage facility. Councilmember Jaech suggested that it would be best to hear from the people in the affected area before the staff spends much time or money in studies or planning for Esperance. She agreed that Esperance is an Brea that the City would like to have annex, but she said that is not accomplished by hitting people over the head with something they do not want. Councilmember Kasper said the public hearing should come after all the facts are available. Councilmember Hall said this was premature and she would not favor moving storage behind the treatment plant. She said the School District is not ready and there is not any hurry. If the people do wish to annex, a park will be needed in that area and the storage space could be utilized in the meantime. She suggested the Council look at the Esperance property as she has and this subject be referred to the committee. County Councilmember Bruce Agnew was invited to speak. County Councilmember Bruce Agnew had been approached by citizens in the Esperance community who wish to keep that property as an open space or park. He said the County does not have the money to purchase the property but would be willing to work with the City in developing the site as a recreational facility. The area is in desperate need of some type of park, he added, asking that the City consider working with the County and a citizens group in that development. Councilmember Ostrom asked if the people would accept a storage facility in addition to a park. Mr. Agnew said he could not speak for them, but he had indicated that the County did not have the funds to purchase the property and the idea was presented that the City might acquire the property for storage and development of a park. He had received indication they would be willing to discuss the issue. Referring to the report from Mr. Hahn, Councilmember Ostrom said it was the most sensible approach to the subject. Disagreeing with Councilmember Kasper, he said the Council knew of the drainage problems at the Chase Lake site. He said the site is not worth the money to develop; furthermore, the people in the area are opposed to a storage facility. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO REFER THIS SUBJECT TO THE COMMUNITY SERVICES COMMITTEE TO CHECK OUT THE DRAINAGE AND WHAT NEW BUILDINGS ARE NEEDED; TO LOOK AT ESPERANCE SCHOOL PROPERTY AS A POTENTIAL PARK SITE AS A JOINT EFFORT WITH THE COUNTY. Councilmember Jaech asked if he were talking about Chase Lake with a secondary consideration being the Esperance property. Councilmember Kasper replied in the affirmative, he said he is not willing to walk away from these two sites as possible parks and feels they may be inter -tied. Councilmember Dwyer indicated he had favored proceeding on Chase Lake in the past, but, assuming the report from Mr. Hahn is correct, his vote would change in committee; however, he would not oppose a motion to sent the matter to committee. Mayor Naughten suggested the Community Services Committee meeting be changed to March 12. Councilmember Kasper said the committee would have to look at the property and they could meet on a date other than a Council meeting night. Councilmember Jaech objected to a March 12 date since it is not known if the committee members will be available then. MOTION CARRIED WITH COUNCILMEMB£R OSTROM VOTING NO. REVIEW OF 5-YEAR ESTIMATE ON PROGRAM FOR DEFERRED MAINTENANCE Mr. Hahn reported that the document before the Council is an attempt to quantify and set a schedule for various items for deferred and unscheduled building maintenance as well as major deferred maintenance. Councilmember Kasper said it has been 13 months since the last retreat, when it was decided to pursue the maintenance program of the City. He said it would take more than a sideline position to keep on top of this project; someone must take over property management. Councilmember Hall said that is interesting after voting to do away with the property manager position. Councilmember Ostrom asked if the $98,900 would be in addition to the amount budgeted. Mayor Naughten replied in the affirmative. Councilmember Kasper questioned a figure of $17.00 a square yard for carpeting for the Finance Center. Mr. Hahn asserted that $17.00 is a low figure. Councilmember Jaech thanked Mr. Hahn for the report, which is a good start and asked what he projects from this point. Mr. Hahn said the major items have been identified and the staff will continue improving and refining the numbers. The deferred maintenance items should cease to exist as operations and maintenance becomes a part of the budget, he said. In addition, he said, the inventory and systems for tracking maintenance are improving. He said if he finds that he needs another person to accomplish this, he will advise the Council. Councilmember Jaech asked if everything, including the heating facilities, will be tracked and scheduled for repair or replacement. Mr. Hahn said this is a significant item, one that Administrative Services Director Art Housler and Mr. Hahn will have to discuss and present a financing plan to the Council for these projects. He said the Council could then make a decision on whether a reserve policy for buildings and major items should be budgeted for cost recovery over time. Councilmember Kasper said the secret is to allocate some money every year. Councilmember Ostrom said the money budgeted for this year was meant to encourage this type of report and plan. Mayor Naughten EDMONDS CITY COUNCIL MINUTES Page 4 February 26, 1985 J commented that the buildings and their square footage have been identified and the Council will know exactly what must be done and will be able to budget for the expenditures. In response to a question from Councilmember Hall regarding the boilers at Anderson Center, Mr. Simpson said the boilers were beyond the five-year plan, projected for six or seven years; he said there are no serious problems with the boilers, just minor items that are being handled. MAYOR Mayor Naughten referred to a letter from Mr. Hahn and Planning Director Mary Lou Block answering Councilmember Kasper's question about appeals. The Mayor announced that the Sub -Regional Puget Sound Council of Governments elected new officers; Lois Anderson was re-elected Chairperson and Bob Lunn, of Stanwood, was elected Co -Chairperson. Mayor Naughten reported that his 8-hour tour with a police patrol last week was very educational. tie recommends a similar tour to any Councilmember, who would like to take advantage of the invitation. COUNCIL The Economic Development Council was attended by Councilmember Hall along with Councilmember Kasper. She said the main message was the fact that Snohomish County is inviting to high tech, ranking 75% overall. Councilmember Hall referred to a memo from Administrative Services Director Art Housler regarding th length of the minutes because of some requests for verbatim entries, and said she feels accurate minute -taking is needed and whatever is needed to get the job done should be pursued. She said there has been a problem in the past where shorthand was the only record available due to loss of portions of the tape. She feels more comfortable with a shorthand record of the minutes. She said she left it to the judgement of the minute -taker along with clues from the Council regarding which portions should be verbatim. If necessary, more funds can be budgeted for longer transcription time. She suggested this might be a good retreat discussion item. Mayor Naughten said the minutes can be summarized and the tapes used for a verbatim record, suggesting that he could obtain sample minutes from other cities for the Council's information. The Council did not wish to see minutes from other cities: Councilmember Hall noted a reminder in Community Research from AWC concerning record keeping. She asked if the City is complying. Mayor Naughten replied in the affirmative. Councilmember Wilson said the Arts Festival Committee had approached him regarding installation of two more poles for banners on 9th Ave. as close to Westgate as possible. Mayor Naughten said he would get back to him. Councilmember Wilson said the Association also has a problem every year during the Arts Festival when the photography work is displayed in the Plaza Meeting Room. The display must be taken down during the Council meeting and then rearranged. They asked if the Council could hold the Council meeting somewhere else. Mayor Naughten said a solution would be worked out to meet elsewhere at that time. Councilmember Kasper questioned the comp time ordinance approved earlier in the evening. Mr. Snyder said non-exempt, non -represented employees are required to be paid overtime and the first section of the ordinance addresses that. The second section gives comp time to everyone else. Section three or four indicated that the supervisors approve comp time of people they supervise and the Mayor approves Department Head comp time. He suggested Chapter 2 of the City Code should be re -done to include the new language of Director and Manager, rather than Department Heads and Superintendents. Councilmember Kasper said he would be researching comp time use in the City over past year,as a personal interest, and will bring the results to the Council. Councilmember Kasper asked if the Council Committee appointments would be finalized this evening. Council President Nordquist asked for a motion regarding the date, place and expenses for the retreat. Councilmember Jaech said the funds for the retreat are budgeted. Councilmember Kasper asked who would be included. Councilmember Jaech listed those that would participate. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE DATES OF APRIL 12-13 FOR 14 PEOPLE TO BE AT SUDDEN VALLEY AND TO EXPEND $640 AS A DEPOSIT FOR THE RETREAT. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 5 February 26, 1985 Council President Nordquist said the Mayor has offered to have his secretary, Dia Bock, handle the scheduling, departure, return and other details of the retreat, as well as acting as recording secretary. Council President Nordquist said the Council had asked Councilmember Jaech and him to serve on the review committee for banking services. Because Councilmember Jaech is working for a bank at this time, Councilmember Ostrom will take her place. The review will be done Wednesday morning at 7:30 a.m. Council President Nordquist thanked Ms. Bock for preparing the Council Committee directory. The Mayor had pointed out to him that Councilmember Hall was serving on both the Community Services Committee and the Public Safety Committee, which meet at the same time and there was a suggestion that Councilmember Dwyer move to the Public Safety Committee. Councilmember Dwyer said he would prefer not to move, but since he ranked lowest in seniority he would not protest. Councilmember Jaech said she had asked to be on the Community Services Committee and suggested that this might be made a committee of the whole as are Finance and Personnel. Councilmember Hall disagreed, saying only those who had publicly expressed the desire to be on the committee and those who already were on it should be on the Committee. Mayor Naughten explained that the same people cannot be on the two committees that are scheduled for the same night unless one of the committees meets in the afternoon. Council President Nordquist said he had placed himself on the Public Safety Committee because he enjoys working with Councilmember Wilson. Councilmember Jaech suggested that the Public Safety Committee might meet in the afternoon, which would allow everyone to be on the Community Services Committee. Councilmember Kasper said this is something that may have to be done. He said a starting time of 9:00 p.m. is not reasonable when staff must be at these meetings; he said they should not be on Council time. There is only one meeting a month and if the committee met at 4:00 p.m. on Tuesday, there would be an advantage in that more time could be spent. Council President Nordquist said he would place Councilmember Jaech on the Public Safety Committee. Council President Nordquist suggested that a policy be approved that an alternate to any committee would become the main representative in the event that person stepped down for any reason. Councilmember Kasper said he would not dispute that policy, but that there never have been alternates. An alternate was named when Councilmember Nordquist was on contract with Community Transit, he said, and that alternate position will cease to exist when he is no longer on contract. Council President Nordquist said this would apply to any alternate position on any committee giving that person a chance to move up to the main position. Councilmember Hall disagreed because often the Mayor or a staff member serve as alternates; she did not want.to have a set policy. Councilmember Wilson asked if the alternate does not now receive the main position or must the position be reevaluated each time there is a vacancy; he asked if someone might stay indefinitely in a position. Councilmember Nordquist said it had been that way; however, if an election should replace some members of the Council, the balance of the vote could change and the alternate might not move into the main position. If a resolution is passed stating the alternate moves into the main position, he said, there would be no problem. Councilmember Kasper said his comment regarding the alternate position applies to the Community Transit Committee. Since there was no motion to change the present practice, Council President Nordquist said it would remain the same. According to memoranda from the City Attorney dated November 1, 1984 and February 21, 1985, Council President Nordquist said there must be a resolution sending two board members to the Health District and a representative and alternate to the Community Transit Board. At this point Council President Nordquist resigned from the Health District and Community Transit Boards. COUNCILMEMBER DWYER MOVED TO NOMINATE, SECONDED BY COUNCILMEMBER JAECH, COUNCILMEMBERS NOROQUIST AND KASPER FOR THE POSITIONS ON THE HEALTH DISTRICT BOARD. Councilmember Kasper stated he would not serve on the Health Board. if selected for the Community Transit Board. MOTION CARRIED COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER WILSON, TO.NOMINATE COUNCILMEMBER KASPER TO THE POSITION OF TRANSIT BOARD MEMBER. COUNCILMEMBER OSTROM NOMINATED, SECONDED BY COUNCILMEMBER DWYER, COUNCILMEMBER JAECH TO THE POSITION OF TRANSIT BOARD MEMBER. Councilmember Ostrom pointed out that Councilmember Jaech was just elected as Chairperson of that Board. Mayor Naughten declared the second motion out of order since there is a motion before the Council. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS HALL, KASPER AND WILSON VOTING YES; COUNCILMEMBERS NORDQUIST, DWYER, JAECH, AND OSTROM VOTING NO. MOTION FAILED. EDMONDS CITY COUNCIL MINUTES Page 6 February 26, 1985 COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO NOMINATE COUNCILMEMBER JAECH AS COMMUNITY TRANSIT BOARD MEMBER. MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO NOMINATE COUNCILMEMBER KASPER AS ALTERNATE TO THE COMMUNITY TRANSIT BOARD. MOTION CARRIED. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE LISTED COUNCIL COMMITTEE APPOINTMENTS. MOTION CARRIED. Since it was 10:00 p.m., COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO CONTINUE THE MEETING PAST 10:00 P.M. TO COMPLETE THE AGENDA. MOTION CARRIED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO: ( A) CANCEL THE HEARING ON LID 213 SET FOR MARCH 5; (B) INSTRUCT THE CITY STAFF TO NOTIFY THE AFFECTED PROPERTY OWNERS; AND (C) INSTRUCT THE CITY ATTORNEY TO DRAFT A NEW RESOLUTION OF INTENT TO REESTABLISH THE PROPOSED LID. MOTION CARRIED. Councilmember Jaech commented on the rising costs of insurance coverage faced by all cities and private companies. In discussions with representatives from other cities, she has found they are demanding that their insurance carriers contest claims. She said it is her understanding that the Edmonds insurance carrier is following that practice. Mr. Housler replied that claims are reviewed by him and by the City's broke r when they are submitted; decisions on claims are made by a committee consisting of representatives from the City, the broker and the insurance adjuster. Councilmember Jaech read a statement regarding her recent unemployment status and funds received. She said the confusion arose from her misunderstanding of what is and what is not employment; the law states specifically that the position of an elected official is not considered as employment. However, the remuneration for the position is considered in determining benefits that are to be paid to an individual. She was entitled to claim benefits. When she learned there was something incorrect in the payment of benefits, she immediately paid back everything she had received, including the amount she may have been entitled to keep, had she gone through the hearing process with the Employment Security Department. She gave up her rights in order to present and discuss what had happened, so the situation could be rectified immediately and the City could be reimbursed for the funds paid out. She said she found the entire incident upsetting because she has always attempted to do all things in accordance with the law. She had been told to wait until the Employment Security Department sent a report; however, she repaid the entire amount of $5,550 received during the entire time she collected unemployment. By surrendering her rights and not going through the hearing process, she said there was no alternative but for the report to state that she did not report funds from the City (since the State law said it was not employment she did not consider it as such). She said she was legally entitled to file for and receive unemployment benefits; had she understood the law, she would have .been entitled to receive some monetary benefit; she voluntarily repaid the entire amount received on January 25, 1985 prior to involvement of any other people; the City had paid $532 toward benefits; and the City account was credited when the money was repaid. She said it was an honest mistake and confusion resulted from a misinterpretation of the law. Councilmember Hall set a date for the Community Services Committee for Thursday at 4:00 p.m. Councilmember Ostrom read a letter from Betty Bell regarding the improvements to the old Union Oil Beach and commending the City for their efforts. Mayor Naughten reminded the Public Safety Committee their meeting will be held immediately following adjournment of the Council meeting. Since there was no further business to come before the Council, Mayor Naughten adjourned the meeting at 10:10 p.m. � EDMONDS CITY COUNCIL MINUTES Page 7 February 26, 1985