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04/09/1985 City Councilr. THESE MINUTES SUBJECT TO APRIL 16 APPROVAL EDMONDS CITY COUNCIL MINUTES April 9, 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 ABSENT STAFF PRESENT Larry Naughten, Mayor Laura Hall Art Housler, Admin. Svcs. Director John Nordquist Steve Simpson, Parks & Rec. Director Steve Dwyer Peter Hahn, Community Services Director Jo -Anne Jaech Pat LeMay, Personnel Manager Bill Kasper Jim Adams, City Engineer Lloyd Ostrom Jim Roberts, Engineering Inspector Jack Wilson Dan Prinz, Police Chief Doug Reuble, Student Rep. Jack Weinz, Fire Chief Jackie Parrett, City Clerk Scott Snyder, City Attorney Shirlie Witzel, Recorder CONSENT AGENDA Items (B) and (0) were removed from the Consent Agenda for correction and 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. (C) Final approval of 6-lot subdivision at .606 and 612 9th Ave. S. (Cedar Ridge #3/P-5-84). APPROVAL OF MINUTES OF MARCH 19, 1985 _[Item (6) on.Consent Agenda] Councilmember Dwyer asked that page three, last paragraph, be corrected to show "COUNCILMEMBERS DWYER AND WILSON VOTING NO.", and that Councilmember Ostrom voted yes: COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER WILSON TO APPROVE THE MINUTES AS CORRECTED. MOTION CARRIED. FINAL APPROVAL OF 3-LOT SUBDIVISION AT 19224 76TH AVE. W. (PEDERSEN ADDITION/P-3-83). Item(0) on Consent.Agenda Councilmember Jaech asked .if the subdivision is still within the allotted time frame for completion, since it was begun in 1983, and wondered why it had taken so long to appear for final approval. Community Services Director Peter Hahn replied that the delay has more to do with the developer since it does not normally take this long to complete a subdivision. City Attorney Scott Snyder replied that he would provide an answer regarding the allowed time frame during the meeting. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NOROQUIST, TO PLACE THIS ITEM FOLLOWING ITEM SIX ON THE AGENDA. MOTION CARRIED. Later in the meeting; Councilmember Jaech received information from the City Attorney that this subdivision was within the time allowed for completion, so COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE 3-LOT SUBDIVISION AT 19224 76TH AVE. W. MOTION CARRIED. Councilmember Nordquist announced that Councilmember Hall would be unable to attend the meeting this evening. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXCUSE THE ABSENCE OF COUNCILMEMBER HALL. MOTION CARRIED. PRESENTATION OF SUGGESTION AWARD TO JIM ROBERTS Mayor Naughten described the recently inaugurated suggestion program; to date there have been 12 suggestions received with the first award being made this evening to Jim Roberts in the amount of $25.00. Mr. Roberts suggestion concerned electrical modifications in the EDMONDS CITY COUNCIL MINUTES Page 1 April 9, 1985 Community Services Building that will save time, energy and money. Mayor Naughten presented a plaque to Mr. Roberts and thanked him for his participation in the program. Councilmember Wilson, a member of the Suggestion Award Committee, also extended congratulations. REVIEW OF ACCESS TO WOODWAY HIGH SCHOOL City Engineer Jim Adams displayed a graphic transparency and some slides of the areas to be discussed this evening. Mr. Adams discussed the problem existing at the entrance to Woodway High School. He noted that the Council had authorized a consultant to conduct a traffic analysis, which is now before the Council. Mr. Adams said the staff recommends that the gate on 102nd P1. remain closed unless a sidewalk is constructed for pedestrian use and that nothing be done until there has been opportunity to determine if the improvements made on 100th Ave. W. are working. He said any further improvements could be considered when the 6-year Transportation Plan is formulated. Councilmember Ostrom asked why no one has considered having an off -duty police officer direct traffic in the morning and evenings to alleviate the delays that are being experienced because of automobile traffic congestion. He added that the short-term expenditure would be much less expensive than other alternatives proposed. Mr. Hahn said the consultant had touched on that possibility in his report in that he felt there should be enforcement of the 20 m.p.h. limit at the crosswalk; he added that a police officer's presence would serve to solve both problems. Councilmember Wilson asked if Mr. Adams had discussed with the school district the possibility of an access on the southwest corner of the high school property. Mr. Adams replied that there had not been time; Mayor Naughten added that the report had just been received and the school district had not yet seen it. Mr. Adams added that an access at that point may not be feasible. Mayor Naughten pointed out that construction of an access at the southwest corner and/or a turnout on 100th Ave. W. for loading/unloading would be at the expense of the school district, while construction of a sidewalk on 102nd Pl. W. and/or installation of a traffic signal at the 100th Ave.. W. entrance to the school would be at City expense. Councilmember Kasper asked how many cars are dropping students off at the school. Mr. Adams replied that during a monitored period 29 cars used 102nd Pl. W. and 102 cars used the entrance to the school. Mr. Hahn noted that a resident of 102nd Pl. had done an analysis of the time delays being experienced and found a delay of about five minutes. Mayor Naughten said the engineer's report would be for -warded to the School District. He added that enforcement must be increased on the new speed limits on 100th Ave. W. and the suggestion from Councilmember Ostrom regarding use of a police officer for directing traffic would be considered, also. Councilmember Ostrom reiterated that a solution should be found as soon as possible to alleviate the congestion at the high school. In regard to opening the gate on 102nd Pl. W., he said the City has an obligation to the residents of that street and believes there should be a reaffirmation that the gate will remain closed. COUNCILMEMBER OSTROM MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RESOLVE THAT THE 102ND PL. GATE WILL REMAIN CLOSED. Councilmember Kasper did not think it was proper to resolve to close a street forever and asked if the motion was meant to reaffirm the position of the previous Council. Councilmember Ostrom explained that the intent of the motion is to reaffirm the commitment made by the Council sitting at the time of annexation of this area. Councilmember Kasper observed that this is an emergency gate and it should be stated that it will be opened in an emergency. He agreed that the measures taken so far should be allowed to function and then be reviewed and that the Council should examine other alternatives; however, he did not believe a street should be closed and never opened. Councilmember Wilson said he would vote against the motion at this time. He is not opposed to what is being said but wishes to have more facts in order to evaluate the whole picture. MOTION CARRIED WITH COUNCILMEMBERS KASPER AND WILSON VOTING NO. CONTINUED DISCUSSION OF ISSUES RAISED BY MEADOWDALE RESIDENTS Community Services Director Peter Hahn summarized the actions taken to date on this issue. He said the report compiled by Jon Koloski concludes that the city's improvements in the Meadowdale area have greatly reduced slide hazards, resulting in reduction of a 90% slide probability area to a 30% probability area. He recommended that the provision for recording the covenants contained in Ordinance 2445 be deleted with the revised ordinance before the Council. Mayor Naughten had met with legal staff and several residents of the Meadowdale area during the past week to reach a middle ground in satisfying the need for the City's 1 EDMONDS CITY COUNCIL MINUTES Page 2 April 9, 1985 legal liability protection while not jeopardizing the residents of Meadowdale in obtaining financing. Councilmember Kasper asked if the Director's Rule had been adopted in Seattle. Mr. Hahn replied affirmatively. Councilmember Kasper remarked on the degree of improvement achieved in such a short time. Mr. Hahn said it was important to remember that the ground water was measured, not the surface runoff. Councilmember Wilson asked what measures will be taken if the covenant requirement is removed. Mr. Hahn replied that several measures, contained in a memorandum from the City Attorney, were discussed in February by the Council. Mayor Naughten observed that the proposed ordinance contains provision for a hold harmless and a promise to notify successive owners but'had dropped the requirement that the covenants be recorded. Mr. Snyder explained that the proposed ordinance is in the same form as Ordinance 2445 with the exception that the new report is referenced and there is no requirement for recording of any covenants and indemnification agreements. Based on the information now before the Council, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE STAFF REPORT AND THE AMENDED ORDINANCE AS SUGGESTED BY THE CITY ATTORNEY. Councilmember Kasper advised that he would abstain since the proposed ordinance had been received this evening and the study was available only two days ago. He said he wished to review°what corrective measures may need to be taken in the permit process as a result of the ordinance removing the requirement for recording of covenants. MOTION CARRIED, WITH COUNCILMEMBER KASPER ABSTAINING. A short time .later in the meeting, Mayor Naughten said the ordinance passed in regard to the Meadowdale issue should be Ordinance 2489. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO CORRECT THE RECORD. MOTION CARRIED. Mr. Snyder advised that the City has obtained one covenant from a land owner in the Meadowdale area during the permit process. He said,an authorization would be in order from the Council to the staff to prepare necessary release documents to release the covenant on that property. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO INSTRUCT STAFF TO ISSUE THE NECESSARY RELEASE. MOTION CARRIED. Mr. Snyder explained there is an appeal.process available for property owners in the .Meadowdale area who believe their property is not properly classified. lie also discussed methods of giving notice to current property owners and those who will be .purchasing already constructed homes in the future. He indicated that these are not covered in the ordinance but could be incorporated in staff procedures by voice motion of the Council. Mayor Naughten suggested the Community Services Committee review these items. The meeting was recessed for ten minutes, reconvening at 8:55.p.m. FINANCE COMMITTEE MEETING (A) 1985 INSURANCE PREMIUMS ($33,000): Administrative Services Director Art Housler described the reasons for the increased insurance premiums being experienced by the City -- drastic increases in the number and dollar amounts of losses, jury awards based on emotion rather than fact, a significant decrease on return of investments and a drastic reduction in world wide surplus. He recommended that $28,000 be reserved in the Council Contingency Fund for the purpose of covering unburdened premiums for the Street and Equipment Rental Funds, and that the unbudgeted premiums of $5,000 for the Water/Sewer Fund be appropriated from ending cash balance. Councilmember Jaech commented that the problem is not unique to the City and is being experienced by other municipalities and corporations. She suggested that, even though she has been cautious about doing so, the City may need to look at "pooling" as other cities have done. Mayor Naughten agreed that "pooling" is the future trend since premiums are becoming so large. Councilmember Ostrom indicated that an additional factor causing premium increases has been the price war existing in the insurance business for the past few years and the resultant losses that have been experienced. He asked if participation in a "pool" would be complete insurance coverage or if some insurance would be carried with a company. Mr. Housler replied that stopgap insurance would be carried with an insurance company. Councilmember Kasper asked why there had not been a greater increase in premiums paid by Lynnwood and if Edmonds had not been insured with the same company as Lunnwood at one time. Councilmember Ostrom suggested Lynnwood may have renewed prior to the increase being seen now and Mayor Naughten explained that Edmonds had considered the same company but had declined to insure with them. Asked if the City is doing anything to reduce their loss experience, Mr. Housler said the management team and the Mayor have discussed that aspect and will be getting proposals for measures that may be taken. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO RESERVE $28,000 IN THE COUNCIL CONTINGENCY FUND FOR THE PURPOSE OF COVERING UNBUDGETED INSURANCE PREMIUMS, AND $5,000 IN THE WATER/SEWER FUND TO BE APPROPRIATED FROM THE ENDING CASH BALANCE. MOTION CARRIED. EDMONDS CITY COUNCIL MINUTES Page 3 April 9, 1985 (B) RECOMMENDATIONS FOR ADDITIONAL COSTS OF RENOVATION OF YOST POOL $46,560 Parks and Recreation Director Steve Simpson exp ained that the cost estimates for the work required exceeded the budgeted amount because (1) the repairs needed exceeded those planned in 1984 and (2) nothing was budgeted for the revenue -producing improvements. At the Council's request, he said he and Mr. Housler had reviewed sources of funding, finding two -- $15,000 from the 125 Fund and $31,56O.from the Council Contingency Fund. Mayor en asked if the Unscheduled Deferred Maintenance Fund could be used. Mr. Simpson saidd there have been recommendations for all of the'money in the Deferred Maintenance Fund although Council has not authorized expenditure of any funds yet. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ACCEPT THE STAFF RECOMMENDATION, ALLOCATING $31,560 FROM THE COUNCIL CONTINGENCY FUND 119 AND $15,000 FROM THE PARKS ACQUISITION AND IMPROVEMENTS FUND 125. MOTION CARRIED. Councilmember Kasper commented that the pool renovation costs must be placed in perspective in regard to a pool cover. He suggested that Yost pool be considered as an option or combination with Olympic School if that is placed on a ballot this fall. Councilmember Wilson said the citizens have been adamant about a pool cover in the past and the Olympic School Committee has another goal in mind. He is not opposed to a pool cover but is opposed to tying it to the Olympic School since they are not after a pool at this time. Mayor Naughten said the pool cover could be placed on a bond issue but would not have to be tied to the Olympic School plan. He added that he had heard that the Performing Arts are planning to place an issue before the voters this fall. PERSONNEL COMMITTEE MEETING (A) Financial Impact of Garcia Decision and Recommendation: Councilmember Kasper asked why this subject is appearing before tie Councilso quickly. Mr. Snyder said as of February 29 the City is obligated to pay overtime; he indicated that the remaining issue is the retroactivity of the decision. Personnel Manager Pat LeMay explained the impact of the Garcia Decision on the use of comp time within the City, indicating that a longer work period for police and fire service will have to be designated to avoid overtime. He recommended stopping the accrual of all comp time for non-exempt employe -es, paying off past accumulations of comp time for non-exempt employees, paying overtime instead of comp time for overtime worked, and funding the total cost of $45,334 (past accumulation of comp time and estimated 1985 overtime cost) from the General Fund. He added that it may be possible to allow police employees to use comp time accumulated prior to February 19, reducing the amount needed. Mr. Snyder explained that the Police contract contains a provision for comp time and it may be possible to word a release that would allow a police employee to relinquish his claim in exchange for accumulated.comp time; it is Mr. Snyder's understanding that this is what the Union and individual police employees want. If the decision should be prospective only, Councilmember Dwyer asked if the City would be prohibited from letting non_police employees use accumulated comp time. Mr. Snyder said the issue remains to be litigated and he assumes the major unions will bring suit to collect within the statute of limitations. Should the City make arrangements with the employee individually, he said, the union may still sue on behalf of that employee even though the employee has compromised his claim. He explained that the police contract is unique in that there is provision for the employee to elect to take comp time. Police Chief Dan Prinz said this decision will affect everyone in the nation but not everyone is getting excited about it. He expressed concern about the effect loss of comp time will have on training and the fact that the union agreement allows use of comp time. Mr. Snyder agreed there is no rush to do anything except apprise the Council of the decision and its effect on the City. He said a Federal decision can impair a contract at any time and he sees no question that any conflict between the contract and the Federal statute will be resolved in favor of the Federal statute. Contact with the union and a discussion of the effect of the contract should precede.any action by the City, he added. Councilmember Kasper suggested that $12,000 be flagged in the Council Contingency Fund until there is a resolution of the issue. Mr. LeMay noted that only the non-exempt staff will be affected and exempt staff will continue to use comp time. Councilmember Ostrom asked for an explanation of how a work period is determined. Mr. LeMay explained that a typical work period is a 24-hour, 7-day week, or 168 hour week; in the police and fire service there is provision for designation of longer work periods of anywhere from 7 to 28 work days, providing maximum work hours within which there is no overtime requirement. EDMONDS CITY COUNCIL MINUTES Page 4 April 9, 1985 Councilmember Kasper asked if there were any alternative to the present schedule for police employees. Chief Prinz replied that this is a complex issue and several alternatives have been examined; with the manpower available, no other shift arrangement has been feasible. MAYOR Mayor Naughten invited Mr. Hahn to make an announcement. Mr. Hahn revealed that Ed Huntley had been selected for promotion to the Buildings & Grounds Supervisor position from a field of six applicants. Mr. Huntley was recently chosen Employee of the Year. Mr. Hahn added that the foreman position being vacated will not be filled. The Mayor, along with the Mayors of Lynnwood and Mountlake Terrace, will be meeting with Governor Gardner tomorrow to discuss state fiscal assistance to cities facing the cost of secondary sewage treatment. Mayor Naughten announced that April 15 is not only the deadline for personal income taxes but also for filing of conflict of interest statements with the Public Disclosure Commission. COUNCIL Councilmember Kasper had spoken with County Councilmember Agnew regarding Chase Lake and Esperance. He was interested in knowing if the City were still interested in a storage site in that area. Councilmember Kasper had indicated that the City is interested. Council President Nordquist said the Contract Evaluation Committee meets on April 17 between 1:00 and 4:00 p.m. He also reminded council members of the Retreat this Friday, April 12, beginning at 10:00 a.m. Councilmember Kasper expressed concern that there were conclusions reached at the last retreat that have not been carried through. Council President Nordquist said interviews for the Council Resource Person are scheduled for Monday; April 15, beginning at 7:00 p.m., in the Mayor's conference room. Councilmember Dwyer asked if the Parks and Recreation Department would be presenting an annual -report. Mr. Hahn said Mr. Simpson would be pleased to have an opportunity to do so at a future date. Councilmember Jaecfi expressed concern regarding the allocation of funds for items over which the City has no control. She suggested that the Council carefully examine the first quarter report and look at the impact on the budget of the various items mentioned this evening. Since there was no further business to come before the Council, Mayor Naughten adjourned the meeting at 8:50 p.m. AACQTJELINE G. PARRETT, City Clerk L Y S. MUGHTHN, NaPorV EDMONDS CITY COUNCIL MINUTES Page 5 April 9, 1985