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
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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
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EDMONDS CITY COUNCIL MINUTES
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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
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(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
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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
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