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06/25/1991 City CouncilTHESE MINUTES SUBJECT TO JULY 2, 1991 APPROVAL EDMONDS CITY COUNCIL MINUTES JUNE 25, 1991 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. PRESENT Larry Naughten, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Roger Hertrich, Councilmember Jo -Anne Jaech, Councilmember William Kasper, Councilmember John Nordquist, Councilmember CONSENT AGENDA ABSENT STAFF Jack Wilson, Arvilla Ohlde, Parks & Rec. Mgr. Councilmember Art Housler, Admin. Svc. Director Peter Hahn, Comm. Svc. Director Brent Hunter, Personnel Manager Buzz Buzalsky, Fire Chief Linda McCrystal, Arts Coordinator Dan Prinz, Police Chief Tom King, Facilities Spvr. Jim Walker, Hydraulics Engineer Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder Georgia LaBelle,.Personnel Coord. Lee Willeiksen, Water Maint. Items (B), (C), and (F) were removed from the Consent Agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. The approved items on the Consent Agenda include the following: (A) ROLL CALL Ow (D) APPROVAL OF TEMPORARY CONCESSION AGREEMENT FOR BOY SCOUT CHICKEN-Q AT CITY PARK FOR 4TH OF JULY (E) ADOPTEDLIST RDINANCEETE 2838INGAMENDING SUBJECT O0 INANCET?749 RELATING TO PAY OF COUNCIL MEMBERS -TO REVIS(G) ADOPTED ORDINANCE 2839 PROVIDING AN ALTERNATE MEMBER ON THE CEMETERY BOARD APPROVAL OF MINUTES OF JUNE 18, 1991 [ITEM (B) ON THE CONSENT AGENDA] Councilmember Palmer referred to the memorandum from the City Clerk noting the following correc- tion: "Councilmember Kasper has pointed out to me, and he is correct, that the vote is incorrect- ly recorded in the subject minutes on page 9, the 5th paragraph (regarding the Harbormaster ap- peal). Councilmember Kasper voted "no" on the motion and he is recorded as voting "yes". COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE MINUTES AS CORRECT- ED. MOTION CARRIED. APPROVAL OF TASTE OF EDMONDS CONTRACT [ITEM (C) ON THE CONSENT AGENDA] J�f Councilmember Kasper recommended that the Arts & Craft booths be no closer than 20 feet west of 0W� ,)-t the condominium so that residents of that building can easily access their homes. He also recom- mended that booths #24 and #1 be spaced farther apart to avoid pedestrian congestion in that area. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (C) BUT CONSIDER THE SUGGESTIONS TO RELOCATE BOOTHS #24 and #1 AND THE ARTS AND CRAFTS BOOTHS. MOTION CARRIED. APPROVAL OF PAYMENT TO CITY OF MOUNTLAKE TERRACE FOR HANDICAPPED RECREATION PROGRAM $3,000 I EM F ON THE CONSENT AGENDA] Councilmember Palmer noted that the sliding scale fee structure could also result in a reduction of the City's contribution in years where fewer Edmonds residents participate in the program. He T��-y(�' Au 610 noted that this year's participation by City children justified the City's contribution of $3,000. U COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE ITEM (F). MOTION CARRIED. PRESENTATION TO RUSS BERG OF PROCLAMATION NAMING JUNE 28, 1991 "RUSS BERG DAY" IN CITY OF EDMONDS Mayor Naughten read the proclamation into the record naming June 28, 1991 as "Russ Berg Day in Edmonds" in recognition of his outstanding service as the Director of the South County Senior Center for the past 15 years. Mayor Naughten presented the proclamation to Mr. Berg. Mr. Berg introduced the new Director of the South County Senior Center, Connie Passie. He also introduced his grandchildren, Danny and Bengie Simosso. Councilmember Nordquist recalled that the Council was somewhat concerned about the role the Se- nior Center would play in Edmonds when the City first purchased waterfront property, but he said Jane Jones, Sally Wren, and Russ Berg have since proven that the Center is not only a credit to the community but it has served as a role model for many agencies throughout the United States. Councilmember Nordquist said it was a thrill to go to the Senior Center and observe that it is a home -away -from home for many of its members. Councilmember Nordquist thanked Mr. Berg for his contribution to the City and for his leadership in the formation of other senior centers. DISCUSSION AND RECOMMENDED ADOPTION OF EDMONDS WAY, MEADOWDALE, AND PERRINVILLE DRAINAGE BASIN TU Hydraulics Engineer Jim Walker noted that the responsibility has been divided between Puget Sound Water Quality Authority and the Department of Ecology (DOE) as to enforcement of the rules. Mr. Walker reviewed the following additional nonstructural recommendations: 1) discourage timing of land clearing activities during winter months and land clearing activities adjacent to fish spawning areas and during spawning season; and 2) consider a predevelopment clause in the exist- ing drainage ordinance so that predevelopment complies with the drainage ordinance on a case -by - case basis. Mr. Walker pointed out that: the drainage basin studies was a plan document and was presented to the Council for their approval so that it can be, in turn, submitted to DOE for their approval, at which point the City would adopt the document. He noted that the City would not be required to fulfill any particular item within the document after submission to DOE because it served only as a guidance document for Staff and the Council in developing drainage ordinances and policies. Councilmember Dwyer inquired if the City's position would be strengthened or weakened with regard to other issues that may arise in order to implement the plan if the Council approved the plan. City Attorney Scott Snyder referred to a response to a letter written by the Planning Department from the Postal Service in which they asserted exemption from their action because the size of their parcel is under the 30,000 square foot NEPA requirement and, secondly, if it is not other- wise exempted, it is not of environmental significance, and they cited the City's ordinance which rezoned the property on July 21, 1987, finding that there was no significant environmental im- pact. Mr. Snyder said if the City wishes to challenge their assertions, it must appeal the Post- al Service's determination to federal court. Mr. Snyder noted that bonding requirements on the City might be quite heavy because the Postal Service has already gone out to contract on the building, and given the technical. nature of their defense, the City would be fighting an uphill battle. He said the more appropriate alternative would be to recommend that the State look close- ly at it and exercise its tools. Councilmember Dwyer inquired why, if the State was not interested in pursuing a detention system as outlined in the plan document, the City should approve a plan that appears would never be implemented. Mr. Snyder stated that the preliminary document, if the City should engage in some form of litigation, would be discoverable. In addition, the letter dated June 21 was originally drafted in response to Community Services Director Peter Hahn's letter in February but was never mailed. He said Staff was attempting to get some response from the Postal Service in the context of the City's December and January meeting dates, but the Post Office failed to mail notice back to the City. Given the fact that the plan contains proposed alternatives, Mr. Snyder said the City has drafted its best engineering estimate of the most appropriate location for a detention system. He notedthat studies take eighteen months to prepare, and during the course of the studies, through the action of the Postal Service, that property became unavailable. Mr. Snyder said adopting the plan at the present time might assist the Department of Wildlife in their nego- tiations with the federal government (the Postal Service). EDMONDS CITY COUNCIL MINUTES Page 2 June 25, 1991 Councilmember Kasper. inquired if the City could require mitigation of costs to locate another site. Mr. Snyder replied negatively. He said the City has no SEPA process to require mitigation because the Postal Service does not require any City permits. Mr. Snyder said it was important to remember that the drainage *basin studies constituted a plan document and that at any given time, elements of the plan could be deleted or revised. Under the Growth Management Act and. the Regional Transportation Act, he said the only aspect the City can enforce, through SEPA policies, are official plan documents adopted by the City. He suggested that the Council adopt the plan and review any questions later. Councilmember Kasper inquired if the City would have the latitude to review any suggested amend- ments by the State and approve the plan subject to Council review. Mr. Snyder replied affirma- tively. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE MAY 1991 CITY OF EDMONDS DRAINAGE BASIN STUDIES FOR EDMONDS WAY, MEADOWDALE, AND PERRINVILLE BASINS FOR SUBMISSION TO THE DEPARTMENT OF ECOLOGY AND SUBJECT TO ANY AMENDMENTS BY THE DEPARTMENT OF ECOLOGY, AND THEN ADOPT THE PLAN. MOTION CARRIED. Councilmember Kasper said it was vital that the City continue to look at ways to reduce stormwater runoff into the Meadowdale area. In response to a question by Councilmember Kasper, Mr. Hahn said when the City has worked with other jurisdictions intergovernmentally in drainage studies and facilities, the contribution of each jurisdiction was calculated on the basis of contribution in each area. He said the expecta- tion is the model that was set up for the Chase Lake area will continue to be pursued. REVIEW AND ADOPTION OF PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE TO ADD CHAPTER ENTITLED "HORSE TAXIS" Police Chief Dan Prinz reported that an Edmonds resident, Terry Henderson, has requested permis- sion to put a horse taxi in downtown Edmonds. He expects to operate a route from the Milltown area to restaurants and the waterfront during summer months. Chief Prinz noted that the proposed ordinance allows for licensing and regulation of horse taxis. He recommended approval of the proposed ordinance and requested recommendations for fees under 4.85.125. City Attorney Scott Snyder noted that Mr. Henderson has secured a place on private property in Harbor Square to park his horse and carriage. With regard to the in -lieu -of parking fee, Mr. Snyder suggested that the City approximate one=twelve per month of commercial fees. With respect to 4.85.100(A)(6), Councilmember Dwyer inquired if the City would encounter problems with the Americans With Disability Act. Mr. Snyder said that requirement stated that a person's use of intoxicating liquor or drugs not be current, but the term "current" has not been defined. He suggested that the City obtain an EEOC regulation to determine what "current" is. Councilmem- ber Dwyer referred to 4.85.100(B)(4) and inquired if the language could be more definitive to avoid the perception as interpreting a paraplegic from not being able to operate a horse taxi. Mr. Snyder replied affirmatively. Councilmember Dwyer inquired from where the requirement for fingerprinting [4.85.100(8)(3)] ema- nated. Mr. Snyder said that language was derived from the Seattle and Gig Harbor regulations. Councilmember Dwyer inquired if Police Chief or any member of the Council believed that require- ment to be necessary. It was the consensus that it was not necessary. Councilmember Dwyer sug- gested that it be deleted and that 4.85.100(B)(4) - Good Health - be more specific. Councilmember Nordquist inquired about clean-up behind the horse. .Chief Prinz noted that 4.85.150(K) requires collection and disposal of manure or other debris. Terry Henderson, 215 - 9th Ave. S., said a bag will be placed behind the horse that will collect 99% of droppings. He said he was willing to provide any other type of clean-up that may be required of him. He noted that the hours of operation will be from 7 p.m. to 11 p.m. so clean-up could take place in the early hours of the morning. Councilmember Hertrich inquired where the horse and carriage would be boarded during off hours. Mr. Henderson said the horse is boarded in Bothell and will be transported by a trailer, and the buggy will be stored in a residential garage in downtown Edmonds. , Councilmember Hertrich inquired if the City currently has an ordinance with respect to horses in Edmonds. Chief Prinz said the ordinance simply states that horses cannot be ridden two abreast EDMONDS CITY COUNCIL MINUTES Page 3 June 25, 1991 on City streets. Councilmember Hertrich inquired about the right-of-way for horse-drawn vehi- cles. Mr. Snyder said a horse-drawn vehicles operates the right-of-way subject to the same re- quirements and protections as another vehicle. Councilmember Palmer referred to 4.85.090(C) and recommended that that section be more definitive to reflect that a designated area is subject to City approval so that City can ascertain whether a site may conflict with another operator's area. Mr. Snyder said he would include a sentence at the beginning of that section requiring each owner/operator to designate off-street areas for standing, parking or discharge and load and require them to be reviewed and approved by the Traf- fic Engineer. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO ADOPT THE PROPOSED ORDINANCE AND RECOMMENDATIONS FOR FEES UNDER 4.85.125. Councilmember Dwyer inquired if the motion included . the deletion of 4.85.100(B)(5); the incorporation of 4.85.100(B)(4) with regard to "Good Health"; refinement of the definition of 4.85.090(C); a recommendation for 4.85.125(C) as stated earlier by the Council; and $50 for 4.85.125(A) and $25 for 4.85.125(B). Mr. Snyder recommended that the space fee be one -twelfth of the in -lieu -of parking fee. COUNCILMEMBER JAECH CONCURRED. THE SEC- ONDER AGREED. MOTION CARRIED. CONTINUED REVIEW OF EMERGENCY SERVICES FUNDING, INCLUDING IMPACT OF 1991 PROPERTY REASSESSMENTS, C AND ADOPT-10-N CF__ORDJNANCI 2840 PLACING PROPOSITION FOR SIX -YEAR LEVY ON NOVEMBER 5, 1991 BALLOT J Administrative Service Director Art Housler reported that information was included in the Council packets addressing the impact of the 1991 property reassessment, as well as a press release from the Snohomish County Auditor stating that the average residential assessment increased by 90% over 1991. Mr. Housler reviewed attachment #1, which depicted the increase for all property in the City of Edmonds at 58% and also indicated that the rate per $1,000 of assessed property value would de- crease from $2.131 to $1.432 because of the 106% limitation. However, the rate does not include the Emergency Medical Service levy of $.25 per $1,000 of assessed property value. Attachment #2 showed how the rate was calculated and illustrated the impact of the reassessment. Fire Chief Buzz Buzalsky submitted a revised attachment #4 to the Council. He noted that attach- ment #3 depicted that over the past six years (1986-1991), the actual cost of providing EMS to the community has cost in excess of $650,000 above the $.25 per thousand levied and was subsi- dized from the General Fund. He noted that the average cost for EMS has gone up 9% per year. Projecting a 9% inflation factor over the next 6 years, he said it is anticipated that EMS will be subsidized from the General Fund in an amount of $881,800. Chief Buzalsky said although it is very difficult to make an accurate prediction of costs beyond a couple of years, attachment #4 attempted to show what the cost could be if an increase of 106% occurred every year. He noted that history has shown an increase of 8% to 10% per year. Councilmember Jaech inquired if the assessed levy of $.25 per thousand dollars was based on new assessed values. Mr. Housler said it was based on values for the years 1992 through 1994, noting that values will be reassessed in 1995. In response to Councilmember Palmer, Chief Buzalsky estimated that the amount of the levy to fund EMS would be $.29 in 1992, $.31 in 1993, and $.34 in 1994. He said based on an inflation factor * of 9%, rough estimates indicate an increase of $.44 in 1997 to fund those services. Councilmem- ber Palmer inquired what amount would be required if the levy did not vary each year. Chief Buzalsky estimated a figure above $.35, but he recommended a flexible figure, as suggested in the proposed ordinance, so that sufficient funds can be collected each year rather than experience a shortfall. Councilmember Dwyer noted that the same level of service for Medic 7 that was provided in 1991 could not be assumed for the years 1992-1997. He was fearful that the population is growing to an extent that at some point Medic 7 will be unable to respond to simultaneous calls and some- one's life will be at stake. Councilmember Dwyer explained that a second medic unit would not necessarily double the budget. He said either the Council or their successors are going to provide the service, and it will either be provided with sufficient funding through the levy or it will be subsidized by the Gener- al Fund. He noted that the wording "$.50 or less" would provide adequate funding in future years, and if that full level of funding was not necessary, then only the level that was required for a particular year would be collected. Councilmember Nordquist inquired if the Hospital District contributed to the Medic 7 Program. Councilmember Dwyer replied affirmatively. Councilmember Nordquist inquired if the Hospital *See 7-2-91, P.1 EDMONDS CITY COUNCIL MINUTES Page 4 June 25, 1991 District would; at some point in time, fully fund the program. Councilmember Dwyer was doubt- ful. He said the consensus was that that method would not work well in South County and that the consortium was the most feasible means of operation. Councilmember Hertrich said he would endorse any expenditure that was necessary to fund EMS. He said the service could be likened to apple pie and Coca-Cola in that it was something that cities must endorse. Councilmember Palmer requested Staff to provide the Council with a single figure to recapture the funds necessary for EMS from 1992-1997. Councilmember Palmer noted that it was assumed that Medic 7, in the years 1994 through 1997, was based on 1991 service levels, but a 9% inflation factor was included so that there was no project- ed increase; 1995 assessments assume no increase in value in property assessments that would change the figures. Councilmember Palmer said what he was seeing was a red herring being waved indicating that the Council may not be willing to fully fund the service, but he heard nothing from the Council indicating that service should not be fully funded. He said the only question was how it should be fully funded. Councilmember Dwyer noted that the ordinance would not allow cities to cavalierly collect $.50 but it would require the program to be in place in order to tax for it. He said his fear was not that EMS would not be provided but, rather, that it would be provided disproportionately out of the General Fund. Councilmember Jaech inquired if Staff would automatically eliminate the subsidy from the General Fund if the proposed ordinance was approved. Chief Buzalsky believed that the true cost of the levy would be established. Councilmember Jaech wanted assurance that if additional monies were collected from the levy they would not be expended simply because they were collected. In response to Councilmember Nordquist regarding the amount of the levy on pages 2 and 3 of the proposed ordinance, Councilmember Dwyer said the ordinance would simply allow the issue to be placed on the ballot to be voted upon by the constituency, and the levy amount would then be filled in from year to year, if approved. Councilmember Jaech inquired if Edmonds could require a payback if the issue were placed on the ballot and approved. • Councilmember Dwyer said he did not know. He said the question could be posed to the Medic 7 Board to be voted upon. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO SUBMIT THE PROPOSITION ON THE NOVEMBER 5, 1991 BALLOT FOR EMERGENCY MEDICAL SERVICES SIX -YEAR LEVY AND THAT THE CITY OF EDMONDS BE AUTHORIZED TO IMPOSE THE REGULAR PROPERTY TAX LEVY OF $.50 OR LESS PER $1,000 OF ASSESSED EVALUATION FOR EACH OF THE SIX CONSECUTIVE YEARS WITH A "YES" OR "NO" ANSWER. Councilmember Palmer felt the motion was premature. He said he preferred that the Council make a motion knowing what the average levy would be. He added that what the Council was being asked to do was to "pick a credit card limit and your spending habits may or may not use up that limit". COUNCILMEMBER PALMER MOVED TO AMEND THE MOTION TO STRIKE THE FIGURE $.50 OR LESS AND THAT A FIG- URE BE DETERMINED AFTER A BREAKDOWN WAS PROVIDED TO THE COUNCIL BY THE ADMINISTRATIVE SERVICES DIRECTOR. MOTION FAILED FOR LACK OF A SECOND. Councilmember Hertrich said he would vote in favor of the main motion because he did not believe the service should continue to be subsidized from the General Fund. MOTION CARRIED WITH COUNCILMEMBER PALMER OPPOSED. DISCUSSION ON AMENDMENTS TO MEBT PLAN (REGARDING TEMPORARY EMPLOYEES) Personnel Manager Brent Hunter reported that a new federal law was passed in late 1990 requiring any employee who is not covered under a qualified retirement plan to have Social Security cover- age. The change, which becomes effective July 1, 1991, impacts all of the City's temporary em- ployees who are not covered under PERS or LEOFF. Workers employed during emergencies, election workers, and elected officials are the only exceptions from the new requirement. Mr. Hunter said the City's MEBT consultant has advised that the City allow temporary employees to -participate in the MEBT Plan in lieu of Social Security. He noted that the majority of the op- tions use the MEBT Plan, but the Council should be aware that the temporary employees' MEBT par- ticipation is different from regular employees' because with the regular MEBT Plan, the employees and the City both contrib6te 7.65%, which is the current Social Security tax rate. That amount EDMONDS CITY COUNCIL MINUTES Page 5 June 25, 1991 includes 1.45% for Medicare and 6.2% for MEBT. The medicare cost applies only to employees hired after 1986. The new coverage for temporary employees requires that a total of 7.5% be returned to the employee upon termination of employment, excluding Medicare contributions. Mr. Hunter said because the MEBT Plan was modeled after the Social Security benefits, it provides long-term disability and survivor insurance benefits. In addition, the regular plan has a vesting sched- ule, which provides the employee with the City's contributions after expenses are deducted. The new coveragefortemporary employees does not require either long-term disability, survivor or a vesting schedule. Mr. Hunter noted that in 1990, the City employed 171 temporary employees who were not covered by PERS/LEOFF or MEBT. All were covered by Medicare, excluding some Police Reserves and Fire Volun- teers, which cost both the employees and the City 1.45% of their wages. The wages paid for those employees amounted to $319,380. Mr. Hunter said the MEBT Committee met with the MEBT consultant and legal counsel to discuss the implementation of the new requirement and what options may be available. The options that were identified were as follows: 1) Place the temporary employees in the federal Social Security Program (the least desirable option). It would cost both the temporary employee and the City 6.2% in wages, and the contribu- tions would not be returned upon termination of employment. This option may, because the City would be providing both Social Security and MEBT, jeopardize the City's continuing ability to keep MEBT for its regular employees. The cost to the City would be $19,800. 2) Place temporary employees in the MEBT Plan and require them to pay the entire 7.5% contribu- tion. Coupled with the Medicare contribution, this would require a total of 8.95% deduction from the employee's pay. The City would be required to pay the administrative costs and any legal expenses resulting from contributions being paid back to the employee upon termination and period- ic re -statements of the Plan with the IRS. The consultant advised against this option because the employee's financial burden exceeds the amount (7.65%) that would be required under the So- cial Security Program. 3) Place the temporary employees in the MEBT Plan at the same contribution rate which the regu- lar employees pay and the City pays (6.2% each). The Plan would be amended to exclude the tempo- rary employee from the long-term disability, survivor, and vesting benefits. The temporary em- ployee would receive 7.5% back from the MEBT Plan when he or she terminates employment with the City. The cost to the City would .be $19,800. 4) Place the temporary employees in the MEBT Plan, but deduct 6.2% from the temporary employee's pay and supplement it with a 1.3% contribution from the City. In addition, pay the administra- tive costs directly rather than through the City's MEBT contribution. This option removes the possibility of funding the new temporary employee in excess of the actual requirement and forfeit- ing the excess funds to the benefit of the City's regular employees. The cost to the City would be $7,984. Mr. Hunter said the MEBT Committee recommends option #3 because it is most similar to the Social Security Program. In addition, the administrative costs of the MEBT program are becoming increas- ingly larger, taking a larger share of the City's contribution. The Council expressed concerns regarding disability benefits for the employees. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO SELECT OPTION #2 FOR IMPLEMEN- TATION OF THE TEMPORARY EMPLOYEE MEBT REQUIREMENT. MOTION CARRIED. • REVIEW AND APPROVAL OF EDUCATION REIMBURSEMENT POLICY - Personnel Manager Brent Hunter noted that a proposed revision of the City's Training and Educa- tion Policy for City employees was included in the packet. It was reviewed by the Administrative Services Committee and has met their approval. He said the major changes in the policy are as follows: 1) The education reimbursement for college courses has been increased from $40 per quarter to 100% tuition reimbursement for courses leading up to an Associate's Degree and 50% tuition reim- bursement for courses leading to a Bachelor's Degree; 2) All college courses and/or the related degree must be directly related to a promotion or career opportunity with the City of Edmonds and be consistent with the future manpower needs of the City. The college course work and/or degree must also be a requirement of the promotional position, as stated in the job description; 3) Employees must attend college courses on their own time; EDMONDS CITY COUNCIL MINUTES Page 6 June 25, 1991 4) A written employment commitment is required anytime the cost of an educational or degree program exceeds $500 requiring the employee to stay with the City for two years following comple- tion of the program, or they will be required to repay the City the cost of the education; 5) The maximum amount of educational reimbursement per employee is set at $1,000 per year. In the event that the demand for the educational reimbursement exceeds the amount budgeted by the City for this program, those programs which provide the greatest benefit to the City will receive higher funding priority. Councilmember Nordquist said the program was an encouragement for employees to' improve them- selves. He thanked Mr. Hunter for the efforts he put into the program, and he encouraged the Council to support the training and education policy. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE EDUCATIONAL REIM- BURSEMENT POLICY AS PRESENTED TO THE CITY COUNCIL. MOTION CARRIED. ' j REVIEW FINANCE COMMITTEE RECOMMENDATION FOR CITY COUNCIL EXPENSE ACCOUNT POLICY Councilmember Dwyer reported that he and Councilmember Nordquist have discussed suggestions for a City Council expense account policy in order to provide more certainty into the Council's budget process and to ensure the public that things are done fairly. He noted that they were unable to come up with a joint recommendation, partly because they were unsure how the Council wanted to pursue such a policy. He suggested that the Council discuss the issue, and then he would go back to the Committee in July and draft a recommended policy based on the Council's discussion and return it to the Council at the July work meeting. Councilmember Dwyer noted that a table indicating the policy of other local cities, a list of questions to discuss, and a suggested policy authored by Councilmember Palmer were included in the Council packets. Councilmember Kasper believed a City-wide travel policy should be established that applies to everyone in the City. Councilmember Palmer said great difficultly is encountered in trying to budget for any year with the Council because of factors of sporadic nature of some events, the need for some events to be represented by Councilmembers and other not represented. He said the approach currently taken with respect to Council expenditures was a shotgun approach'. He said a policy would help to establish parameters and guidelines, but the power to revise those guidelines would remain with the Council. Councilmember Palmer said it was difficult for Administrative Services Director Art Housler to make a judgment whether a Council expenditure was reasonable or not when an expense report was submitted to him. MAYOR Mayor Naughten said he received a letter from the Board of Directors of the Edmonds Chamber of Commerce thanking the City for cooperating with them in the construction of downtown streets. Mayor Naughten noted that Edmonds residents who live adjacent to .the Lynnwood treatment plant were attending a meeting that evening and Treatment Plant Supervisor Bob Bower was representing �ZI the City. Mayor Naughten said he would ask Loren Sand to schedule future meetings on an evening N5;�.t when the Council does not meet. Mayor Naughten said he submitted a request from the State to the Council for a donation for the Korean War Veterans Memorial. Because not everyone on the Council received a copy of the re- quest, Council President Palmer said he would ask the Council Assistant to make additional copies and distribute them to the Council for consideration. Mayor Naughten noted that SnoCom has requested an additional $14,616 from the City because of an employment settlement and a lawsuit. Administrative Services Director Art Housler suggested that jyo&04 the funds be_ taken from' the Unanticipated Cash Carryover. Councilmember Dwyer explained that congress exempted .Police and%Fire from the Fair Labor Standards Act in 1985. The City entered into a labor contract with medics wherein they agreed to be treated in the same manner as Police and Fire personnel, but congress did not specifically call out paramedics as being exempt, and a federal District Court in Seattle held they could not waive their right. Councilmember Dwyer said paramedics filed a federal lawsuit approximately eight months ago against the Medic 7 Pro- gram. He said the $14,616 represents the City's increased share of the labor contract and over- time which was settled because the City did not budget any increase. EDMONDS CITY COUNCIL MINUTES Page 7 June 25, 1991- Mayor Naughten noted that the City of Lynnwood is considering annexation of Lake Serene and the City of Mukilteo recently annexed Harbour Pointe. He said residents or Norma Beach were con- cerned about the possibility of being annexed into Lynnwood and have requested the Council to discuss next week the potential to annex into the City of Edmonds. With respect to item #3 on the agenda (discussion and recommended adoption of Edmonds Way, Meadow- P dale, and Perrinville drainage basin study), City Attorney Scott Snyder said he would, with Coun- cil concurrence, refer the City's concerns to the State regarding NEPA determination by the Post- al Service. Mr. Snyder said he was in the process of preparing a report on the Supreme Court decision on topless dancing because a Washington court held that under the Washington State constitution, nude dancing to be a form of free expression so a question has arisen as to whether dancers have broader rights under the Washington constitution than under the federal decision. COUNCIL Council President Palmer said he has received regular correspondence from the Neighbors Opposed to Sewage Emissions, and they are prepared to file a lawsuit because they are being driven from their homes from the odor emanating from the Lynnwood treatment plant. Council President Palmer rAAfelt it was important that the City take every step possible to look out for those residents' best interest and direct Staff and all other resources to see to it that all possible remedies are considered on a timely basis. Community Services Director Peter Hahn recommended that a copy of Brown & Caldwell's most recent report be submitted to CWC-HDR for review. Council President Palmer noted that a City truck will be decorated and participate in the 4th of July parade. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO EXCUSE COUNCILMEMBER WILSON'S ABSENCE ON JUNE 11 AND JUNE 18, 1991. MOTION CARRIED. Councilmember Dwyer requested Mayor Naughten to submit a memorandum to the Council regarding any action that is being taken in response to a letter from Mr. Olson regarding dogs on the play field. Councilmember Nordquist requested a discussion to be scheduled on next week's Council agenda regarding 236th, 238th and Highway 99. In addition, he said he would make a presentation next week with respect to issues that were discussed at the AWC meeting. As a procedural matter, Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO EXTEND THE MEETING. MOTION CARRIED. Councilmember Hertrich noted that an article in the Enterprise accurately reflected that Council - member Palmer was the only Councilmember who had use the he phrase "arrogance and greed". Councilmember Jaech recommended that a firm be hired to conduct an assessment of expenses relat- ing to the Safeway property. City Attorney Scott Snyder suggested that that assessment be con- e ducted in conjunction with the City's bond counsel. Councilmember Jaech said she would prefer j that someone with expertise in the field of rental property conduct the assessment. COUNCILMEM- BER JAECH MOVED, SECONDED BY COUNCILMEMBER PALMER, TO DIRECT STAFF TO HIRE SOMEONE TO LOOK AT THE RENTAL ASPECT OF THE SAFEWAY PROPERTY AND LOOK AT EXPENSES. MOTION CARRIED. The meeting adjourned at 10:08 p.m. THESE MINUTES ARE SUBJECT TO JULY 2, 1991 APPROVAL. THE OFFICIAL SIGNED COPY OF THESE MINUTES IS ON FILE IN THE CITY CLERK'S OFFICE. J CQUEL NE G. PARRE City Clerk EDMONDS,CITY COUNCIL MINUTES Page 8 June 25, 1991 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. JUNE 25, 1991 WORK MEETING - NO AUDIENCE PARTICIPATION 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF JUNE 18, 1991 (C) APPROVAL OF TASTE OF EDMONDS CONTRACT (0) APPROVAL OF TEMPORARY CONCESSION AGREEMENT FOR BOY SCOUT CHICKEN-Q AT CITY PARK FOR 4TH OF JULY (E) PROPOSED ORDINANCE 2838 AMENDING ORDINANCE 2749 RELATING TO PAY OF COUNCIL MEMBERS TO REVISE LIST OF MEETINGS SUBJECT TO PAYMENT (F) APPROVAL OF PAYMENT TO CITY OF MOUNTLAKE TERRACE FOR HANDICAPPED RECREATION PROGRAM ($3,000) (6) PROPOSED ORDINANCE 2839 PROVIDING AN ALTERNATE MEMBER ON THE CEMETERY BOARD 2. PRESENTATION TO RUSS BERG OF PROCLAMATION NAMING JUNE 28, 1991 "RUSS BERG DAY" IN CITY OF EDMONDS 3. DISCUSSION AND RECOMMENDED ADOPTION OF EDMONDS WAY, MEADOWDALE, AND PERRINVILLE DRAINAGE BASIN STUDY 4. REVIEW AND ADOPTION OF PROPOSED ORDINANCE AMENDING EDMONDS CITY CODE TO ADD CHAPTER ENTITLED "HORSE TAXIS" 5. CONTINUED REVIEW OF EMERGENCY SERVICES FUNDING INCLUDING IMPACT OF 1991 PROPERTY REASSESSMENTS, AND ADOPTION OF PROPOSED ORDINANCE 2840 PLACING PROPOSITION FOR SIX -YEAR LEVY ON NOVEMBER 5, 1991 BALLOT 6. DISCUSSION ON AMENDMENTS TO MEBT PLAN (RE TEMPORARY EMPLOYEES) 7. REVIEW AND APPROVAL OF EDUCATION REIMBURSEMENT POLICY 8. REVIEW FINANCE COMMITTEE RECOMMENDATION FOR CITY COUNCIL EXPENSE ACCOUNT POLICY 9. MAYOR 10. COUNCIL ( 5 MINUTES) (30 MINUTES) (10 MINUTES) (40 MINUTES) (30 MINUTES) (10 MINUTES) (20 MINUTES) THE PUBLIC IS INVITED TO ATTEND