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06/27/1989 City CouncilTHESE MINUTES SUBJECT TO JULY 5, 1989 APPROVAL EDMONDS CITY COUNCIL MINUTES JUNE 27, 1989 (WORK MEETING) The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. Councilmember Dwyer arrived a few minutes late and did not vote on the Consent Agenda. PRESENT ABSENT STAFF Bill Kasper, Council President Larry Naughten, Mayor Mary Lou Block, Planning Div. Mgr. Steve Dwyer, Councilmember Art Housler, Admin. Svc. Director Laura Hall, Councilmember Bobby Mills, Public Works Supt. Roger Hertrich, Councilmember Dan Prinz, Police Chief Jo -Anne Jaech, Councilmember Jim Barnes, Parks & Rec. Div. Mgr. John Nordquist, Councilmember Linda McCrystal, Arts Coordinator Jack Wilson, Councilmember Bob Bower, Treatment Plant Supvr. Peter Hahn, Comm. Svc. Director Brent Hunter, Personnel Manager Georgia LaBelle, Personnel Coord. Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Mayor Pro Tem Kasper presided over the meeting in the absence of the Mayor. CONSENT AnFNnA Items (B) and (E) were removed from the Consent Agenda. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. The approved items on the Consent Agenda include the following: (A) ROLL CALL (C) APPROVAL OF TEMPORARY CONCESSION AGREEMENT WITH BOY SCOUT TROOP 301 FOR 4TH OF JULY CHICKEN-Q (D) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING REGIONAL EMERGENCY VEHICLE OPERATION COURSE F) AUTHORIZATION TO CALL FOR BIDS FOR SEWER IMPROVEMENTS IN TRACTION RIGHT-OF-WAY P .(G) ADOPTED ORDINANCE 2723 DESIGNATING 3 HOUR PARKING LIMIT ON BOTH SIDES OF 3RD AVE. S., FROM ALDER TO WALNUT (H) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION REGARDING TWO 4 LOT SUBDIVISIONS ON WEST SIDE OF 76TH AVE. W. NORTH OF INTERSECTION OF 76TH AND OLYMPIC VIEW DR. (SLETTVET/AP-9-89) (I) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON REQUIREMENTS FOR IN -LIEU PARKING AT 605 MAIN ST. (APPLICANT: TED LINDE) (J) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING EXAMINER ■ D RECOMMENDATION TO APPROVE PROPOSED VARIANCE FOR EDMONDS HIGH SCHOOL TO INSTALL 60 FOOT SAFETY FENCE (V-11-89/EDMONDS SCHOOL DISTRICT) ��.s• � `�' ) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR TASTE OF EDMONDS (L) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM WILLIAM AND EILEEN GOULD ($2,147.83) AND JOSEPHINE V. HULINGS ($778.10) P (M) REPORT ON BIDS FOR 208TH ST. S.W. UAB PROJECT AND AWARD OF CONTRACT TO TRI-STATE CONSTRUCTION ($1,001,096) Mayor Pro Tem Kasper noted that it was a Council policy to discuss items that were removed from the Consent Agenda at the end of the regular agenda. He inquired if the Council wanted to dis- cuss the minutes following the agenda. Councilmember Jaech replied affirmatively because she said discussion of the minutes could be time consuming. CWC-HDR MONTHLY REPORT 10 Bruce Wiley, CWC-HDR, Inc., reported that the suspended floor slab at ground level was poured at the raw sewage pumping station but was rejected for poor workmanship. He said although the con- tractor has proceeded with placing reinforcing steel and form work for the superstructure walls, there is no approval of the exterior architectural form liner. Mr. Wiley said all below grade slabs are complete at the solids process building. The contractor has begun to install lower wall forms and reinforcing steel in the belt filter press area of the building. The perimeter walls of the incinerator room are complete to final grade. Mr. Wiley said Phase II cutoff wall installation is continuing along the north perimeter of the plant site. Mr. Wiley noted that cost information for extra work regarding dewatering was submitted by the contractor. The contractor has been directed to submit additional data justifying his claims. A higher pressure groundwater encountered while installing tiebacks for the raw sewage pumping station shoring and a subsurface drainage ditch encountered during Phase I excavation are the reasons for the claims. Costs estimated by the contractor are approximately $8,500 and $28,000, respectively. Mr. Wiley said the contractor has submitted a new long-term schedule to reflect the updated con- struction activities. The long-term completion dates have been revised to reflect the changes made by change order no. 2. Mr. Wiley said CWC-HDR has found the need to spend an extraordinary amount of time checking and inspecting the contractor's work. The extra inspection effort is anticipated for all excavation and concrete work. Mr. Wiley said the meter station telemetry project plans remain under review with W.S.D.O.T. A response is expected within four weeks. Mr. Wiley concluded by saying the project is 160 days into construction as of May 31, 1989, repre- senting 13.9% of. the total contract time. Pay estimate no. 5 for work performed from April 26, 1989 to May 31, 1989 was for $1,029,922. Total payments to date equal $2,923,384, or 11.7% of the total contract time. Councilmember Jaech inquired if the suspended floor slab at the raw sewage pumping station will have to be removed and poured again. Mr. Wiley replied negatively. He said it can be repaired by grouting and some of the imbedded items can be replaced. Councilmember Hertrich inquired if the high pressure aquifers were tested prior to construction. Mr. Wiley replied affirmatively. He said, however, one of the high pressure aquifers was not detected during testing. Councilmember Hertrich inquired if the need for CWC-HDR to spend an extraordinary amount of time checking and inspecting the contractor's work will result in additional costs to the City. Mr. Wiley said additional costs may be incurred. He said discussions are taking place with the con- tractor to remedy that situation, and payment may be withheld when inferior work is performed and deficiencies occur. REPORT ON SEISMIC EVALUATION OF COMMUNITY SERVICES AND PUBLIC SAFETY BUILDINGS The City Council approved the expenditure of $2,000 for an evaluation of the two City buildings. Jack Whitely has determined that some improvements will be needed. o Mayor Pro Tem Kasper inquired if an inspection was made to the buildings to determine if damage occurred from the 1964 earthquake, which registered 6.5 on the Richter scale. Mr. Whitely re- plied affirmatively. He said the buildings appear to be structurally sound, and there was no evidence of any major repairs. j Mr. Whitely said the Community Service building closely complies (although not completely) with Uniform Building Code (UBC) requirements, but the dove -tail anchor between the columns and walls is a weak link and cannot resist seismic activity of any significance. EDMONDS CITY COUNCIL MINUTES Page 2 June 27, 1989 Mr. Whitely said the Public Safety building is approximately 40% overstressed. If an earthquake occurred with the epicenter in the Edmonds area, he said building failure coul'd occur. Mr. Whitely said one of the primary causes of building failure in an earthquake is the lack of connection between floors and walls. He said the connections in the two buildings are very weak. Mr. Whitely said the modifications that he has proposed to Staff (strengthening the column sec- tions so that the loads can be transferred to the walls) will make the buildings earthquake resis- tant but will not satisfy all of the requirements of the UBC because the reinforcing is too light and the footings are too small. Mr. Whitely said he will submit several solutions to the City that structurally reinforce the building as well as provide an architectural element. He said it would be relatively easy to provide a structural solution, but he said cost and appearance are equally vital to'the solution of the problem. In response to a question by Mayor Pro Tem Kasper, Mr. Whitely said earthquake resistant elements have not been adequately provided for in older structures in general, and the City is not unique in that some of its older structures are not earthquake resistant. Mr. Whitely said the buildings should meet Code requirements with respect to force resistance capability. He said the safety of the people working in those building is an important considera- tion. He said a domino effect could occur if the dove -tail anchor between the two structures collapsed. Discussion ensued regarding the various options to stabilize the buildings, one of which included eliminating some of the windows and constructing a solid wall in their place. Councilmember Jaech inquired if a cost estimate was prepared to reinforce the buildings. Mr. Whitely said a cost estimate was not prepared, but he estimated that it would cost approximately $25,000. Councilmember Kasper inquired if constructing a building between the two buildings would provide more stability. Mr. Whitely replied affirmatively. Councilmember Hertrich inquired about the ability of the buildings to withstand seismic activity, on a scale of 1 to 10, at the present time and after they are reinforced. Mr. Whitely replied between 6 and 7 at the present time and 10 after repairs are made. Councilmember Jaech inquired if it would be more economically feasible to construct a new build- ing rather than make repairs, given the space needs factor and the continual need to upgrade the building. Mr. Whitely replied negatively. Councilmember Jaech wondered if the City should con- sider constructing an addition to the Civic Center or look for additional space elsewhere. Councilmember Hall inquired what the structure would entail if an addition was constructed. Community Services Director Peter Hahn said the addition would be at least 90x5O feet. He said the structure could be two stories and could house the Council chambers. Mr. Whitely said the efficiency of the buildings would be improved by constructing an addition and the opposite walls would be strengthened. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, TO REFER THE MATTER TO THE COMMUNITY SERVICES COMMITTEE TO EXPLORE OPTIONS AVAILABLE TO THE CITY TO RESOLVE THE PROBLEMS CONCERNING: 1) SPACE NEEDS; 2) AIR CONDITIONING/HEATING SYSTEM; 3) STRUCTURAL INTEGRITY OF THE BUILDING; AND 4) PLACEMENT OF THE WINDOWS AND TYPES OF MATERIAL USED. MOTION CARRIED. COUNCIL REVIEW OF LANDSCAPE PLAN AT WESTWAY CENTER, 10012 EDMONDS WAY Councilmember Nordquist said he stepped down from the dais when the Council reviewed the matter last year. At the recommendation of the City Attorney, he stepped down from the dais again. p� Planning Division Manager Mary Lou Block reported that on October 5, 1988, the Architectural Design Board (ADB) approved a landscape screen for the rear wall of Building "B" at the Westway Center, 10012 Edmonds Way. The issue had been remanded to the Board by the City Council in July of 1988. The architect for the Westway Center, David Heinlein, submitted a letter dated August 15, 1988 in support of the landscape screen. Ms. Block said the landscape screen was to have been installed with construction of a new development adjoining the Westway Center at 10030 Edmonds Way. However, the building has not been constructed and the screen has not been in- stalled. EDMONDS CITY COUNCIL MINUTES Page 3 June 27, 1989 Ms. Block said it is the recommendation of Staff to require installation of the landscape screen by October 1, 1989; that provision be made for regular irrigation; and that the landscaping be consistently maintained. Councilmember Wilson inquired about the distance of the existing building to the property line. Ms. Block said it is quite close to the property line. Councilmember Kasper inquired if the landscaping would survive in that location due to the close proximity of the building to the property line. Ms. Block replied affirmatively. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER HALL, TO REQUIRE THAT THE LANDSCAPE SCREEN BE INSTALLED BY OCTOBER 1, 1989; THAT A PROVISION BE MADE FOR REGULAR IRRIGATION; AND THAT THE LANDSCAPING BE CONSISTENTLY MAINTAINED. Councilmember Jaech was concerned that the landscaping would not survive when the new development is constructed. She suggested that a cash reserve be set aside to plant the landscaping after the building is demolished to build the new development. Councilmember Wilson recalled that landscaping was to be planted to screen the ugly wall which has numerous unsightly conduit containers and not to enhance the new development. He supported Staff's recommendation. Councilmember Jaech inquired if landscaping would be required in both the exposed area and the area that is not visible. - COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO AMEND THE MOTION TO REQUIRE LAND- SCAPING ONLY IN THE EXPOSED AREA. MOTION FAILED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER JAECH IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH AND COUNCILMEMBER WILSON IN FAVOR. MAIN MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER JAECH OPPOSED. (Councilmem- ber Nordquist returned to the dais.) APPROVAL OF CITY OF EDMONDS MUNICIPAL EMPLOYEES' BENEFIT TRUST AMENDED PLAN AGREEMENT 14EB7' Personnel Coordinator Georgia LaBelle (also Chairperson of the MEET Committee) reported that effective July 1, 1977 the City elected to opt out of Social Security and to establish what is known as the Municipal Employees' Benefit Trust Plan (MEET). She said the decision has been a good one in that the return an investments exceeds anything that would be realized through Social Security and better disability and survivor benefits through an insurance policy were provided. She noted that the Cit Council recently amended the plan to increase the Plan Committee from five to seven members Georgia LaBelle, Art Housler, Brent Hunter, Bill Angel, Dan Prinz, Bill Stroud, and Lee Willeiksen). Ms. LaBelle said the Committee has worked with Mike Sorensen, Tax Attorney, and Rob Anthony, Administrator from Howard Johnson & Co, to amend the agreement in total. The major purpose of the restatement is to bring the plan document into compliance with current IRS regulations and to coordinate the plan with that of the other cities. Ms. LaBelle said it is the recommendation of the MEBT Committee to approve the amended agreement, effective July 1, 1989. Mr. Sorensen review the major changes to the plan as follows: Survivor/disability insurance and reserve fund: Both the reserve fund and the survivor/disability insurance violate the basic principle of a retirement plan in that the benefits must be definite- ly determinable. For this reason, they have been removed from the plan. Nothing will change in the insurance program except the City will pay the premium directly. With the elimination of the reserve fund, all City contributions will be allocated. Mr. Sorensen said the retirement plan is a,qualified plan in that the Trust earnings are tax exempt. He said it is critical to maintain the plan as a qualified plan, and it must be main- tained independently in terms of the documentation. City matching contribution: The City matching contribution will be paid to the Trust each month and held in an unallocated account. From this account administrative expenses will be paid. At the end of each quarter, the remaining amounts in the unallocated account will be allocated to all participants employed with the City on that day and to participants who retired during that quarter. The amounts will be allocated based an a participant's basic contribution for the quar- ter. The basic contribution is 7.51% of pay (or 6.06% if hired after April 1, 1986). This change will eliminate the need to adjust the percent of the City match and will often provide a higher City contribution for most participants. EDMONDS CITY COUNCIL MINUTES Page 4 June 27, 1989 Councilmember Hertrich noted that the plan was established as a substitute for Social Security. He was concerned that an employee may reach retirement only to discover that there is no money in his/her plan because of early withdrawals. Mr. Sorensen said the fund cannot be depleted because only the basic contributions can be withdrawn; the employer match cannot be withdrawn. He said there must be valid reasons to withdraw money. He said the thinking behind the hardship withdraw- al provision is to assist a participant through a difficult time. He said the plan will be of little benefit to an employee if they experience a financial disaster but are unable to avail themselves of the monies until retirement "for their own good". Councilmember Hertrich inquired if the withdrawn money is taxable. Mr. Sorensen said said there is a 10% penalty tax plus income tax. Withdrawals: Hardship withdrawal rules have been enhanced to make withdrawals more available. Along with medical expenses, the costs directly relating to the event causing the medical expense is considered a hardship. Also, amounts needed for substantial improvement, alternation, or reconstruction of a participant's principal residence and any amounts needed to prevent the evic- tion of 'a participant from their principal residence can be withdrawn under a hardship withdraw- al. A voluntary withdrawal provision has been added to the Plan allowing participants to with- draw their voluntary contributions once in a 12 month period. Voluntary contributions are contri- butions above the basic contribution rate of 7.51% of pay (or 6.06% if hired after April 1, 1989). Option to separately invest funds: Participants within three years of retirement will be allowed to have all or a portion of their account separately invested in a more conservative set of in- vestments. This will preserve principle in the account for those near retirement. Option to defer receipt of funds: A retiring participant will be allowed to defer receipt of their benefits for a period of time until attainment of age 59-1/2. This will allow a partici- pant who retires to avoid paying the 10% penalty tax which is applied to early distributions. Councilmember Nordquist said the original intent of the plan was to provide a retirement fund but a hardship withdrawal provision was not included. He was concerned that employees may not under- stand the provision or realize the impact of withdrawal until they reach retirement and find out that there is not as much money in the plan as they had thought. Mr. Sorensen noted that a hard- ship withdrawal provision has been available for some time and that it has only been expanded. Councilmember Nordquist inquired if money can be redeposited if a hardship withdrawal is made to purchase a home, the money is issued, but the loan is rejected. Mr. Sorensen replied negatively. Councilmember Kasper inquired about provisions for education. Ms. LaBelle said the document was amended to allow withdrawals on an as -needed basis rather than once every twelve months. In response to a concern by Councilmember Hall, Mr. Sorensen said the plan has been drafted so that a hardship withdrawal requires an affidavit and proof that no other financial resources are available. Councilmember Hall said a hardship could be the result of mismanagement of an employ- ee's personal finances. Mr. Sorensen said there is no way to check that situation. He reiterat- ed that enough protections have been included as are reasonable. Councilmember Hertrich inquired about the percentage of contribution by the employee and employ- er. Mr. Sorensen said the employee contribution is 7.51% of taxable wages up to $45,000, and the employer matches that contribution. Councilmember Hertrich said he was opposed to expansion of the hardship withdrawal provision because he was fearful that an employee may not have adequate funds in his/her plan to sustain a reasonable lifestyle upon retirement. City Attorney Scott Snyder noted that amendments (1) and (2) are required in order to comply with the IRS and amendment (3) is available but within the Council's discretion. Councilmember Jaech inquired when the effective date of a complete withdrawal from the plan oc- curs. Ms. LaBelle said if an employee withdraws from the plan at the end of a quarter, those quarter earnings and investments are allocated when the report is completed. Then the money is distributed to him/her. If an employee quits in the middle of a quarter, his/her account is closed prior to giving out the reserves or putting in the earnings allocated to all of the ac- counts. Councilmember Kasper inquired if monies can be reinvested at any time or if notice is required. Ms. LaBelle said monies can be reinvested three times before retirement. She noted, however, that the portion of money that is withdrawn and invested elsewhere cannot be deposited into the plan. Councilmember Hertrich inquired if monies can be borrowed from the plan or if a percentage of the money can be withdrawn before retirement, eliminating participation from the plan. Mr. Sorensen replied negatively. EDMONDS CITY COUNCIL MINUTES Page 5 June 27, 1989 Councilmember Wilson inquired if Ms. LaBelle felt the Committee adequately represents the employ- ees. Ms. LaBelle said the employees felt the Committee represented them better since it has been expanded. Councilmember Wilson inquired if any strong opposition was voiced among the employ- ees. Ms. LaBelle said although an employee poll was not taken, the Committee does not believe that there is opposition to withdrawal for medical or educational reasons but there was some opposition, as well as support, for withdrawals for the other reasons stated in the plan. Coun- cilmember Wilson inquired if the spouses of the employees understand the ramifications of the amendments. Ms. LaBelle said spouses have not lbeen contacted on an individual basis so she was unsure how employees have communicated the changes to their spouses. Councilmember Wilson said he would support approval of the amended agreement because he believed it is the employee's plan and because the Committee reviewed the issues carefully. However, he had some reservations. Councilmember Nordquist inquired if the Committee or Council would be held harmless if an employ- ee misrepresented a claim. Mr. Sorensen said if the Committee acted in good faith, they (and the Council) should have no exposure. He said a participant would have a claim against the fund, and not the Committee or Council, if an erroneous payment were made. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE AMENDED AGREEMENT AS PRESENTED BY THE MEBT COMMITTEE, EFFECTIVE JULY 1, 1989. Councilmember Hertrich said he was opposed to enhancement of hardship withdrawals because he was concerned that employees may not realize the impact to their plan upon retirement. He said he would like that issue reviewed again before he made a decision. Councilmember Dwyer said it made sense to have the opportunity to withdraw monies for medical emergencies because they could be financially devastating, and he used a personal example to demonstrate that opinion. Councilmem- ber Hertrich said he would concede on the medical hardship only. MOTION CARRIED. APPROVAL OF EMPLOYEE ASSISTANCE PROGRAM AGREEMENT Personnel Manager Brent Hunter reported that a contract with Olympic Resources, a division of �A f� Snohomish County Mental Health, to provide an Employee Assistance Program (EAP) benefit to the City was included in the Council packets. He said this benefit provides professional assess- ment/referral services to employees and their dependents who are having personal problems that are adversely affecting their work performance. The cost for the 1988 contract was $2,750 and provided services to five employees. Mr. Hunter said the proposed contract contains a specific cost per hour for services, rather than the annual flat rate charge that was used in the past. He said based upon the history of utiliza- tion, the change should result in some savings for the City. Mr. Hunter said it is the recommendation of Staff to approve the contract and authorize the Mayor to sign it. Councilmember Kasper inquired if there is a cap on charges. Mr. Hunter replied negatively. Councilmember Jaech asked Mr. Hunter about his analysis of the program. Mr. Hunter said he be- lieved the program was beneficial to employees. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE THE CONTRACT AND AUTHORIZE THE MAYOR TO SIGN IT. MOTION CARRIED. APPROVAL OF NEW POSITIONS AT WASTEWATER TREATMENT PLANT q�/- Personnel Manager Brent Hunter reported that included in the Council packets was the job descrip- tions for the four new positions authorized for the wastewater treatment plant expansion. He reviewed the organizational chart, noting that the Instrumentation Technician will commence work } .ram on August 1, 1989 in order to become familiar with the installment of the instrumentation con- �`-P'_` trols and to receive specialized training from the contractor. Mr. Hunter said the cities of Yakima, Richland, Bellingham, Olympia, Puyallup and Everett were surveyed to ascertain the level of salary that is assigned to those positions. He said the Lab Technician and Instrumentation Technician will start at $25,000 per year and top at $30,000 per year; the Chief Plant Operator and Maintenance Foreman will start at $26,500 per year and top at $32,000. EDMONDS CITY COUNCIL MINUTES Page 6 June 27, 1989 Councilmember Nordquist inquired how twenty-four hour emergency call outs will be handled. Treat- ment Plant Supervisor Bob Bower said that item has not been clearly defined yet, but he said at the present time he calls personnel in for emergency situations and they are paid at time and a half for a minimum of two hours. Councilmember Jaech inquired if the positions are included as part of the reclassification study that is currently in process. Mr. Hunter replied negatively. Councilmember Dwyer inquired how the bargaining unit is made aware of new positions and the sala- ry ranges. Mr. Hunter said they are notified of the new positions and a copies of the job de- scriptions are mailed to them. Councilmember Dwyer inquired if that process has taken place for the four positions. Mr. Hunter replied negatively. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE NEW JOB DESCRIPTIONS FOR THE SECONDARY WASTEWATER TREATMENT PLANT AND STAFFING FOR THE POSITIONS AS NEEDED. MOTION CARRIED. PROPOSED 1989 CHIP SEAL PROGRAM FUNDING Community Services Director Peter Hahn reported that on February 28, 1989, the City Council ap- proved the roads re -paving policies. Because the 1988 chip seal program was unsatisfactory, he said the new policies are being applied to improve the results on those streets, i.e., 1988 chip seal street which have curbs and gutter will be overlaid under Policy (B). Mr. Hahn said since a majority of the 1988 chip seal program was funded from Fund 412 because of water line installations, 1989 implementation of the roads Policy on the 1988 streets will be funded out of both Funds 5412 and.Fund 111. Mr. Hahn said to implement the Roads Policy, a sum of $33,388 is needed from the Street Fund and $109,146 from the Water/Sewer fund. He said Public Works Superintendent Bobby Mills feels, howev- er, that a second chip seal later on the 1986 streets will be adequate (Chip Seal Policy). Under this option, only $19,896 will be needed from the Street Fund and $17,894 from the Water/Sewer Fund. Mr. Hahn said the 1988 Chip Seal Program had, for the first time, unsatisfactory results, but there is good reason to believe that 1989 will follow the pattern of the previous twenty-eight years. Measures are being taken to insure satisfactory results. He noted that the chip seal was not a total failure because it is preferable to have a second chip seal application, and the first chip seal layer provides sealing and material for a subsequent overlay. Mr. Hahn said Staff feels that under either the chip seal option or the overlay option the streets will be brought up to an improved level and will have renewed life of considerable dura- tion. Mr. Hahn noted that almost 12 miles, over 10% of the City's 107 miles of street, will be either overlaid or chip sealed. Mr. Hahn said it is the recommendation of Staff to adopt the program implementing the Council's Roads Policy. Councilmember Jaech inquired if the City had any recourse for the unsatisfactory results of the 1988 chip seal program that Mountlake Terrace did. Mr. Hahn replied negatively. He said that work was considered as in-house work. He said Mountlake Terrace made considerable efforts to ascertain what went wrong and to insure that it does not reoccur. He said the City will be given a discounted price for roads resurfacing in 1989 as a consideration for last year's unsatisfacto- ry results. Councilmember Hertrich said he believed that chip sealing is a more effective means of maintain- ing City streets because it is a less expensive process and covers more miles. He said the Coun- cil should reconsider its earlier decision to increase the overlay program and decrease the chip seal program. He felt the overlay program should be applied only to arterial streets because they are travelled more frequently. Councilmember Wilson inquired why 1.45 miles of roads are recommended to be overlaid rather than chip sealed. Mr. Hahn said the Council established a policy that any roads with curbs and gutter are to be overlaid. Mayor Pro Tem Kasper said he was opposed to overlaying streets that have already been chip sealed except where there are steep hills and arterials. He said approximately 33% more roads could be maintained if Policy (B) is deleted and only steep hills and arterials are overlaid. He said the General Fund will be depleted if the overlay program is implemented. EDMONDS CITY COUNCIL MINUTES Page 7 June 27, 1989 Mr. Mills recommended that a specified amount of money be earmarked for claims if the chips seal program is implemented. COUNCILMEMBER HERTRICH MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADOPT THE CHIP SEAL POLICY FOR 1989, DERIVING $19,896 FROM FUND 111 AND $17,894 FROM FUND 412. MOTION FAILED WITH COUNCILMEMBER KASPER AND COUNCILMEMBER HERTRICH IN FAVOR; COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEM- BER JAECH, COUNCILMEMBER NORDQUIST AND COUNCILMEMBER WILSON OPPOSED. Councilmember Wilson recalled that Staff made a presentation to the Council last year that the roads were not going to survive on the cycles used to repairs the roads at that time. He noted, however, that Staff has since taken a different position and now believes the chip sealing pro- gram will adequately maintain City roads. Mr. Hahn said the amount of money that is available for road improvements this year will not be available in years to come. He said the roads should be maintained in a fashion that is affordable to the City, noting that they will endure if up to 10 miles are resurfaced each year. Councilmember Kasper said it is the City's responsibility to "hold the streets together as best we can and cover the most mileage". He said it is his feeling that "the Mayor got himself trapped and went out on a limb and is just carrying himself through his term". COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, TO IMPLEMENT THE ROADS POLICY AND DERTVE $33,388 FROM FUND 111 AND $109,146 FROM FUND 412. MOTION CARRIED WITH COUNCILMEMBER DWYER, COUNCILMEMBER HALL, COUNCILMEMBER JAECH, COUNCILMEMBER NORDQUIST AND COUNCILMEMBER NORD- QUIST IN FAVOR; COUNCILMEMBER KASPER AND COUNCILMEMBER KASPER OPPOSED. PROPOSED CHANGE IN PARKS AND RECREATION MANAGER DUTIES Community Services Director Peter Hahn reported that the City Council reviewed the Parks and Recreation Manager position on June 13, 1989 and agreed to shift Grounds Maintenance from the Public Works Division to the Parks and Recreation Division. Mr. Hahn said it is the recommendation of Staff to move Grounds Maintenance from the Public Works Division to the Parks and Recreation Division. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE RECOMMENDATION TO MOVE GROUNDS MAINTENANCE FROM THE PUBLIC WORKS DIVISION TO THE PARKS & RECREATION DIVISION. MOTION CARRIED. . ESTABLISH HEARING PARAMETERS FOR COUNCIL RECONSIDERATION ON APPEAL OF HEARING EXAMINER DECISION LAYING REQUEST FOR HEIGHT VARIANCE ON LOT 7, EAGLE'S CREST PRO V- - APPALL NT: y2�RALPH HUIZINGA Planning Division Manager Mary Lou Block reported that the City Council voted to rehear the ap- peal of Ralph Huizinga regarding a height variance for Lot 7, Eagle's Crest PRO, on June 6, 1989 and set a date for reconsideration on July 18, 1989. Council discussion ensued regarding the parameters for the hearing. Mayor Pro Tem Kasper requested Staff to provide the Council with an historical overview of Coun- cil proceedings regarding the PRO. It was the consensus of the Council to allot 75 minutes for the hearing: 20 minutes for Staff presentation; 15 minutes for the appellant; and the remainder of time for public testimony. City Attorney Scott Snyder said he would assist the City Clerk in drafting a supplement to the notice of the hearing so that the public is aware that previous testimony is part of the record and need not be reiterated; that Staff has been instructed to provide an historical overview of the project; and that the applicant and public will have an opportunity to address or rebut new information. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER HALL, THAT THE JULY 18, 1989 AGENDA BE CLOSED. MOTION CARRIED. Mayor Pro Tem Kasper adjourned the meeting at 10 p.m. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO EXTEND THE MEETING FOR 15 MINUTES. MOTION CARRIED. With respect to the sprinkler ordinance that was discussed last week, City Attorney Scott Snyder said one option was submitted to the Council in two ordinances: one with an immediately effec- tive clause requiring the full vote of the Council, and one that did not require a unanimous EDMONDS CITY COUNCIL MINUTES Page 8 June 27, 1989 COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE RECENT COUNCILMEMBER ABSENCES. MOTION CARRIED. Councilmember Nordquist pointed out.that a hearing notice for the Westgate study recommendation held last week was retrieved and it did, in fact, post the hearing address as the Community Ser- vices Building, as a citizens had stated. City Clerk Jackie Parrett stated that two posting forms were apparently used, and she could only attribute the posting for the Community Services Building as human error. Councilmember Dwyer noted that Public Works Superintendent Bobby Mills had submitted a memo to the Council regarding improvements to the Boys & Girls Club. Due to the lateness of the hour, it was scheduled for discussion on the next Council agenda. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HERTRICH, TO EXTEND THE MEETING FOR AN INDEFINITE TIME. MOTION CARRIED. The Council recessed to an executive session at 10:25 p.m. to discuss legal advice and reconvened at 10:32 p.m. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO REPEAL ORDINANCE 2721 IMMEDIATE- LY. MOTION CARRIED. J� COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER HALL, TO ESTABLISH A NEW ORDINANCE 2724 THAT ENCOMPASSES THE SAME PARAMETERS AS THE OLD ORDINANCE, EFFECTIVE IMMEDIATELY. City Attorney Scott Snyder noted that the Council, by motion, was declaring an emergency based on the health, safety, and welfare aspects. MOTION CARRIED WITH COUNCILMEMBER KASPER OPPOSED. (The emergency -based ordinance could not be passed without a unanimous vote, and Councilmember Kasper had voted against it only because he thought it should be more stringent so he reconsidered his vote.) After reconsideration of his vote, COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO ENACT ORDINANCE 2724, PREVIOUSLY REPEALED ORDINANCE 2721, IN THE SAME SUBSTANTIVE FORMAT DECLAR- �.�•t�'ING AN EMERGENCY AND INCLUDING AN IMMEDIATELY -EFFECTIVE CLAUSE. MOTION CARRIED UNANIMOUSLY. The meeting adjourned at 10:40 p.m. THESE MINUTES ARE SUBJECT TO JULY 5, 1989 APPROVAL. JAtQUEENE. PARRETT, City Clerk WILLIAM J. K , M or Pro Tem EDMONDS CITY COUNCIL MINUTES Page 10 June 27, 1989 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JUNE 27, 1989 WORK MEETING - NO AUDIENCE PARTICIPATION FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 6, 1989 AND JUNE 20, 1989 (C) APPROVAL OF TEMPORARY CONCESSION AGREEMENT WITH BOY SCOUT TROOP 301 FOR 4TH OF JULY CHICKEN-Q (D) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH SNOHOMISH COUNTY REGARDING REGIONAL EMERGENCY VEHICLE OPERATION COURSE (E) FINAL ACCEPTANCE OF WORK BY SIGNAL ELECTRIC ON DOWNTOWN DECORATIVE STREET LIGHT PROJECT, AND SET 30-DAY RETAINAGE PERIOD (F) AUTHORIZATION TO CALL FOR BIDS FOR SEWER IMPROVEMENTS IN TRACTION RIGHT-OF-WAY (G) PROPOSED ORDINANCE 2723 DESIGNATING 3-HOUR PARKING LIMIT ON BOTH SIDES OF 3RD AVE. S., FROM ALDER TO WALNUT (H) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING APPEAL OF HEARING EXAMINER DECISION REGARDING TWO 4-LOT SUBDIVISIONS ON WEST SIDE OF 76TH AVE. W., NORTH OF INTERSECTION OF 76TH AND OLYMPIC VIEW DR. (SLETTVET/AP-9-89)- (I) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING ON REQUIREMENTS FOR IN -LIEU PARKING AT 605 MAIN ST. (APPLICANT: TED LINDE) (J) ADOPTION OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING HEARING EXAMINER RECOMMENDATION TO APPROVE PROPOSED VARIANCE FOR EDMONDS HIGH SCHOOL TO INSTALL 60' SAFETY FENCE (V-11-89/ EDMONDS SCHOOL DISTRICT) (K) AUTHORIZATION FOR MAYOR TO SIGN CONTRACT FOR TASTE OF EDMONDS (L) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM WILLIAM AND EILEEN GOULD ($2,147.83) AND JOSEPHINE V. HULINGS ($778.10) (M) REPORT ON BIDS FOR 208TH ST. S.W. UAB PROJECT AND AWARD OF CONTRACT TO TRI-STATE CONSTRUCTION ($1,001,096) 2. CWC-HDR MONTHLY REPORT 3. REPORT ON SEISMIC EVALUATION OF COMMUNITY SERVICES AND PUBLIC SAFETY BUILDINGS 4. COUNCIL REVIEW OF LANDSCAPE PLAN AT WESTWAY CENTER, 10012 EDMONDS WAY 5. APPROVAL OF CITY OF EDMONDS MUNICIPAL EMPLOYEES BENEFIT TRUST AMENDED PLAN AGREEMENT 6. APPROVAL OF EMPLOYEE ASSISTANCE PROGRAM AGREEMENT 7. APPROVAL OF NEW POSITIONS AT WASTEWATER TREATMENT PLANT 8. PROPOSED 1989 CHIP SEAL PROGRAM FUNDING 9. PROPOSED CHANGE IN PARKS AND RECREATION MANAGER DUTIES 10. ESTABLISH HEARING PARAMETERS FOR COUNCIL RECONSIDERATION ON APPEAL OF HEARING EXAMINER DECISION DENYING REQUEST FOR HEIGHT VARIANCE ON LOT 7, EAGLE'S CREST PRO (V-2-89/AP-10-89/APPELLANT: RALPH HUIZINGA) 11. MAYOR 12. COUNCIL (10 MINUTES) (15 MINUTES) (10 MINUTES) (15 MINUTES) (10 MINUTES) (10 MINUTES) (15 MINUTES) ( 5 MINUTES) (20 MINUTES) THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE HANDICAPPED ACCESSIBLE