Loading...
19770412 City Council Minutes1 C� a c-� the program, that it be incorporated into the Capital Improvement Program for 1978 - 1983 and that MOTION: funding :for the program be developed. A MOTION -WAS MADE,BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, THAT -THE COUNCIL REFER THIS STREET -IMPROVEMENT PROPOSAL TO THE CAPITAL IMPROVEMENTS COMMITTEE AND HAVE THEM EVALUATE IT ALONG WITH OTHER CAPITAL IMPROVEMENTS AND BRING IT BACK TO THE COUNCIL FOR.THE 1978 BUDGET. Councilman Gellert commented that he did not believe overlays were really capital improvements, but rather they were restoration of something to a previous condition. THE MOTION CARRIED. Mayor Harrison commented that street ma,i,ntenance should get more emphasis in the next year's budget. PROPOSED ORDINANCE REDUCING SPEED LIMIT TO 30 MPH, 212TH FROM HIGHWAY 99 TO FIVE CORNERS (10:36 p.m.) The City Attorney had been instructed at the March 15 meeting to draft an ordinance reducing the speed limit from 35 mph to 30 mph on 212th St. S.W. from Five Corners to Highway 99. A MOTION WAS MOTION: MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN ANDERSON, TO ADOPT ORDINANCE 1913, ESTABLISHING A 30 MPH SPEED LIMIT ON 212TH ST. S.W. FROM FIVE CORNERS TO U.S. HIGHWAY 99. MOTION CARRIED. FURTHER REPORT FROM ATTORNEY RE UNDERGROUNDING AND IMPLICATIONS OF EFFECT ON ALL FINAL STREET IMPROVEMENTS (10:37 p.m.) City Attorney John Wallace reported that, as pointed out by.the PUD attorney,there was no case in point in the State of Washington as to public -utility districts and, accordi.ngly, they had to interpolate from other cases relating to operational water and sewer works where the same type of legislative grant of authorization existed as far as rate -making.. Mr. Wallace said his office did agree with th6i!r position as far as their having broad rate -making authority and that it would only be if they,made a mistake in the way they arrived at levying their rate distinctions that they may be subject to attack, and they would probably be subject to attack only on the basis of arbitrary and capricious action. He said the City should operate on the basis of agreement that they can surcharge back, and they may do it in only a one -block area or they could try to do it city-wide for a particular one -block area. He said they had indicated they would like to negotiate with the City in each instance. There was no further business to come before the Council, and the meeting was adjourned at 10:40 p.m. IRENE VARNEY MORAN, Ci 0 Clerk April 12, 1977 (Work Meeting) H. H. HARRISON, Mayor The regular meeting of the Edmonds City Council was called to order at 7:35 p.m. by Mayor Harve Harrison in the Council Chambers of the Edmonds Civic Center. All present joined in the flag salute. PRESENT STAFF PRESENT Harve Harrison, Mayor J. Herb Gilbo, M.A.A. Ray Gould Leif Larson, Public Works Director Phil Clement Joe Wallis, Community Development Director Max Gellert Lila Crosby, Finance Director John Nordquist Jack Cooper, Fire Chief Robert Anderson Harry Whitcutt, Building Official Tom Carns John Wallace, City Attorney Mike Herb Wayne Tanaka, City Attorney Jackie Parrett, Deputy City Clerk CONSENT.°AGENDA (7:36 p.m.) Councilman Carns asked that Item (F),'setting date for hearing on preliminary approval of "Brookacres" MOTION: PRO, be -removed from the Consent Agenda. A MOTION WAS MADE BY COUNCILMAN GOULD, SECONDED BY COUNCILMAN NORDQUIST, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The balance of the Consent Agenda contained the following: (A) Roll call. (B) Approval of Minutes of April 5, 1977. (C) Set April 26 for hearing of P.C. Resolution 550, recommending approval of proposed Drainage Ordinance (File ZO-22-76). (D) Set May 17 for hearing of P.C. Resolution 552, recommending approval of proposed amendment to Zoning Code to allow a temporary security building or vehicle on building sites with a Conditonal Use Permit (File ZO-2-77). (E) Authorization to call for bids on May 3, 1977, for sale of construction equipment. SET DATE FOR HEARING ON PRELIMINARY APPROVAL OF "BROOKACRES" PRD.[I:tem (F) on Consent Agenda] Community Development Director Joe Wallis had reported by.memorandum_that Dean Echelbarger was the new applicant on this PRO. D. H. Eggiman had been the previous applicant but had never completed the requirements for final approval, so",thet`PRD had not been brought,back to the City Council. Mr. Echelbarger proposed to continue where Mr..Eggiman had stopped, in getting final approval. Councilman 4 Carns inquired as to the legality of this, and City Attorney John Wallace advised that the PRD had been through the final design review and that within 90 days after the final design review the applicant should have come back for final approval. He had not done so and the new applicant proposed to.request a waiver from the Council of the 90-day requirement, which the Council could grant. Mr. Wallace indicated the applicant would take the project with all the prior restrictions. Mr. Wallace advised that the Council could not try to hinder the approval just because the City wants to buy the property. He noted that the reason the previous applicant's last hearing was not held was because he did not have the final development plan and bond for the improvements in time. MOTION: Councilman Carns was not satisfied and A MOTION WAS MADE BY COUNCILMAN CARNS THAT PRD-1-76 BE A (Withdrawn) CLOSED MATTER UNLESS THE APPLICATION IS RESUBMITTED AS A NEW APPLICATION. After some further MOTION: discussion, Councilman Carns withdrew his motion. A MOTION WAS THEN MADE BY COUNCILMAN CARNS, SECONDED BY COUNCILMAN NORDQUIST, THAT THE COMMUNITY DEVELOPMENT DIRECTOR BE REQUESTED TO GIVE A STATUS REPORT ON PRD-1-76 AT THE APRIL 26 MEETING. MOTION CARRIED. COUNCIL (7:54 p.m.) Councilman Gellert requested a further report from the City Attorney and the Finance Director regarding financing and scheduling of actions necessary regarding the Junior High School property. City Attorney John Wallace had distributed a memorandum on this subject and he reviewed the possible actions on this.matter. He advised that if the Mayor vetoes the source of funding and the Council is not able to override they would not be in a position to obligate the City unless there is a corresponding appropriation to cover that proposed expenditure. He advised it would take five affirmative votes to override the veto. He added that the Council has the power to transfer monies from the Contingency Fund by resolution or ordinance and that an ordinance would be subject to veto, but a resolution would not. He also noted they would be limited to what funds are in the Contingency.Fund. Regarding transferring other monies in the General Fund, he advised an amendment to the budget would be required, which would be by ordinance and that ordinance subject to veto. He said the Council does have the authority to enter into a contract and if the Mayor refused to sign it a representative of the Council could be authorized to sign by a majority vote of the.Council. • Mr. Wallace said he was not aware of any funds other than the Contingency Fund which could be transferred without an ordinance. Regarding timing, he said they had until April 30, a Saturday, to accept or reject the terms under which the property has been offered to the Puget Sound College of the Bible. He said the closing on the present earnest money agreement is set for May 1, but if the City accepted the terms and chose to buy the property the closing could not be accomplished by May 1. Councilman Gellert questioned the City's financial advisor, Dick Kennedy, regarding funding of councilmanic bonds. Councilman Gould then questioned Stu Smith of the School District as to whether any bids had been received -on the,Elementary School. Mr. Smith indicated the bids would be opened at 2:00 p.m., April 14, and that none had been received yet. He said they ordinarily would not receive them until April 14, however, and that he did not anticipate receiving any on the Elementary School. Councilman Gellert referred to a petition submitted by Jack L. Vandeman in which he indicated the petition would be followed by legal action. He asked the City Attorney whether the Council was doing anything subject to legal action, to which Mr. Wallace replied that the action they had taken was.entirely within their power. MAYOR (8:15 p.m.) Mayor Harrison announced he would like to appoint Mrs. Sharon Johnson to the Parks and Recreation MOTION: Advisory Board, Position 3, and he reviewed her background. A MOTION WAS MADE BY COUNCILMAN HERB, SECONDED BY COUNCILMAN CARNS, TO CONFIRM THE MAYOR'S APPOINTMENT OF MRS. SHARON JOHNSON TO POSITION 3 ON THE PARKS AND RECREATION ADVISORY BOARD, TERM TO EXPIRE MARCH 19, 1981. MOTION CARRIED. Mayor Harrison also indicated he would like to appoint Gerrit A. Visser to Position 6 on the Board of Adjustment, and he reviewed his background. A MOTION WAS MADE BY COUNCILMAN NORDQUIST,.SECONDED BY COUNCILMAN GOULD, TO CONFIRM THE APPOINTMENT OF GERRIT A. VISSER TO POSITION 6 ON THE BOARD OF ADJUSTMENT, TERM TO EXPIRE DECEMBER 31, 1978. Councilman Gellert commented that the Board of Adjustment is somewhat of a judicial body and the appointments are critical. He said he had not met Mr. Visser before this evening, but he was concerned about some correspondence received from him this evening, so he would vote against confirmation. Councilman Clement said he would also vote against confirmation because he felt the Board has not been truly representative of the community in terms of • its composition. He said he had no objection to Mr. Visser, personally, but he felt the appointment could have been more representative of the community. A ROLL CALL VOTE WAS TAKEN, WITH COUNCILMEN MOTION: GOULD, NORDQUIST, ANDERSON, CARNS, AND HERB VOTING YES, AND COUNCILMEN GELLERT AND CLEMENT VOTING NO. MOTION CARRIED. Mayor Harrison said an application for a liquor license had been received from Uncle Shortz Deli, Dip, and Omelette of 184 Sunset Avenue S., requesting a beer and wine license. The Police Chief had investigated the applicant and had found no adverse information. The business is located next to a tavern, grocery store, and a State Liquor Store, and is not in an area near schools. The Police Chief MOTION: had recommended approval of the application. A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN HERB, TO APPROVE THE APPLICATION FOR LIQUOR LICENSE:FOR THE SALE OF BEER AND WINE BY THE GLASS OR OPENED BOTTLE BY UNCLE SHORTZ DELI, DIP, AND OMELETTE. MOTION CARRIED. PROPOSED REPLACEMENT FOR SOCIAL SECURITY FOR EMPLOYEES (8:20 p.m.) ALL City employees had been notified of this discussion and had been invited to attend and participate. Also present were Brendan O'Farrell of Howard Johnson & Company, the company which prepared an analysis of replacement coverages for Social Security benefits for City employees; Ken Estes, Chairman of the Employees' Retirement Committee; Russ Christensen of Teamsters Local 73; and Bill Angel, President of the Firefighters' Union. M.A.A. Herb Gilbo had distributed a memorandum to the Council indicating that the costs of administering the Municipal Employees Benefit Trust (MEBT) plan and Social Security are comparable. However, he pointed out that the MEBT plan will require an additional City expense of approximately $15,000 annually to cover Fire Department employees who presently are not participants in the Social Security program. Mr. Gilbo said this had only very recently come to his attention. He said that, in reading through the minutes and contracts, it was his impression that the plan was only supposed to cover those employees that presently are covered by Social Security. Committee Chairman Ken Estes responded that former M.A.A. Ron Whaley had indicated to the firemen that they would be included from the beginning of the discussions. Fire Chief Jack Cooper reviewed how it had occurred that the firefighters had withdrawn from Social Security, and he said it had been agreed that if • r Aar 1 MOTION: MOTION: Amendment: Amendment: MOTION: Is MOTION: the City ever withdrew the firefighters would be allowed to participate with the other City employees in a substitute program.' Councilman Gellert noted that he had repeatedly asked whether this withdrawal would cost the City anything and that he had always been assured it would not be above the total budget for Social Security. Ken Estes responded that this was somethi-ng that just had not been..thought of previously. Employees in attendance were asked if they wished to speak on this matter, and Building Official Harry Whitcutt expressed the opinion that withdrawal would not be in the best interests of the City employees. He did not feel the report gave a clear enough picture of the benefits of withdrawal. He felt this plan would cater to a present segment of the City work force, but that it would lock out some future prospective employees. Mr. Whitcutt said he would not personally be injured by withdrawal. Assistant City Planner Noelle Charleson also expressed doubts about the plan. She said she would not be vested in Social Security, having been employed a relatively short period of time, and she would lose whatever she had contributed so far. She related to other employees who might have been employed just short of the 10 years required for vesting, and noted they would have much more to lose. She was also concerned that she would not be eligible for Medicare. Mr. O'Farrell reviewed for everyone present all the arguments against withdrawal from Social Security. He previously had done this at the meetings held with employees. He suggested that if the Council decided to pass an ordinance allowing the withdrawal, that it be indicated in the ordinance that before any earnings are distributed to individual accounts that funds be made available to fund any benefits lost by withdrawing from Social Security. He pointed out that Medicare insurance could be purchased. Russ Christensen indicated that his union had treated cities under the proposed type of plan the same as if they were under Social Security --that it is a non- negotiable item. He said they would reduce that to writing if necessary. Bill Angel indicated there had been no official statement from the Firefighters' Union, that it had not been officially discussed. He said he personally was in favor of the plan and he thought they probably could sign an agreement indicating it would be a nonnegotiable item. Councilman Gellert noted that there had been a general preponderance of support for this program, but he was disturbed about the $15,000 it was go,i,ng to cost annually for including the firefighters. Councilman Carns agreed, but he said it had been pointed out in the discussion that the City had saved about $105,000 by not having to pay for firefighters' Social Security since their withdrawal several years previously. There was further discussion about the $15,000 additional cost, and Fire Chief Cooper offered the information that,':,because he had been lacking one firefighter this year, there were funds in his budget which would total.$7,500 in salary and benefits which had not been paid, and he suggested these funds could be used for the payment for the balance of the current year. A MOTION WAS THEN MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN CARNS, THAT, IN THE EVENT OF PASSAGE OF THE MEBT,PROPOSAL, THE FIREFIGHTERS BE INCLUDED AND THAT AMOUNTS DUE TO FUND THEIR PORTION FOR THIS YEAR BE TAKEN FROM THE FIRE DEPARTMENT BUDGET. MOTION CARRIED. A MOTION WAS THEN MADE BY COUNCILMAN CARNS THAT THE CITY ATTORNEY BE INSTRUCTED TO DRAFT AN ORDINANCE TO THE EFFECT THAT THE CITY OF EDMONDS ALLOW ITS EMPLOYEES TO WITHDRAW FROM SOCIAL SECURITY AND JOIN MEBT, AND THAT IT BE MANDATORY FOR ALL EMPLOYEES: AND THAT BEFORE THE ORDINANCE IS VOTED UPON THE FIREFIGHTERS', POLICEMEN'S AND PUBLIC WORKS' UNIONS ALL GIVE, IN WRITING, STATEMENTS TO THE EFFECT THAT THEY WOULD NOT USE THE RATIO OF CONTRIBUTION TO'THIS PROGRAM AS A NEGOTIATING ITEM IN FUTURE UNION CONTRACT NEGOTIATIONS: AND THAT BEFORE ANY CONTINGENCY'RESERVES ARE DISTRIBUTED TO RETIREMENT ACCOUNTS`, PROVISIONS WILL BE MADE TO COVER ANY BENEFITS LOST AS A RESULT OF WITHDRAWAL FROM SOCIAL SECURITY. COUNCILMAN NORDQUIST SECONDED THE MOTION FOR DISCUSSION. Councilman Gould was concerned that some good potential employees could be lost as a result of this, and he restated all the benefits which would be lost by withdrawal. A MOTION TO AMEND THE MAIN MOTION WAS MADE BY COUNCILMAN.CLEMENT, SECONDED BY COUNCILMAN CARNS, THAT EACH BARGAINING UNION ALSO WARRANT IN WRITING THAT ANY BENEFITS LOST AS A RESULT OF WITHDRAWAL ARE NON- NEGOTIABLE. THE MOTION TO AMEND CARRIED. COUNCILMAN CARNS THEN MOVED TO AMEND.HIS MAIN MOTION. SECONDED BY COUNCILMAN CLEMENT, THAT THE CITY COUNCIL NOT BE INCLUDED. THE MOTION TO AMEND CARRIED. A ROLL CALL VOTE WAS THEN TAKEN ON THE MAIN MOTION, WITH COUNCILMEN CLEMENT, GELLERT, NORDQUIST, ANDERSON, CARNS, AND HERB VOTING YES, AND COUNCILMAN GOULD VOTING NO. MOTION CARRIED. Following this discussion (9:50 p.m.) Mayor Harrison asked to be excused so he could interview a potential employee, and Mayor Pro tem Phil Clement chaired the balance of the meeting. M.AA.. Herb Gilbo noted that one item had been overlooked in the Social Security withdrawal discussion, that of the City's assisting in the initial cost of the replacement plan by making a $4,500 prepayment of -the City's contributions. He suggested this be done and that it be repaid from future collections,' with the MEBT Contingency Fund making up funds not collected. After some discussion, A MOTION WAS MADE BY COUNCILMAN GELLERT, SECONDED BY COUNCILMAN CARNS, THAT THE INITIAL COSTS OF THE REPLACEMENT PLAN IN THE AMOUNT OF $4,500 BE PREPAID FROM THE CITY'S GENERAL FUND (THE CITY'S RESTRUCTURING FUND) AND THAT IT BE REPAID OVER A PERIOD NOT TO EXCEED FOUR (4) YEARS. MOTION CARRIED. DISCUSSION ON MEASURE RE POSSIBLE WATER SHORTAGE AND ATTORNEY'S OPINION ON EDMONDS' STATUS AS A "CUSTOMER" OF SEATTLE WATER (10:00 p.m.) City Attorney Wayne Tanaka had distributed a memorandum regarding the City's status as a customer of the Seattle Water Department, indicating that the City stands in the same position as all other customers when it comes to having its water supplies reduced. It appeared that any reductions in service as the result of drought would apply on an across-the-board basis to all customers of Seattle water. Director of Public Works Leif Larson had also distributed a report containing a suggested water contingency and conservation plan. He noted that the power situation is much worse than the water situation, and conservation of hot water was being urged in Seattle. He said the PUD is encouraging voluntary conservation methods, but Seattle is in a more critical situation. After some discussion, A MOTION WAS MADE BY COUNCILMAN ANDERSON, SECONDED BY COUNCILMAN GELLERT, THAT THE PUBLIC WORKS DEPARTMENT CONTINUE TO UPDATE THE CONTINGENCY PLAN AND THAT A REPORT BE MADE ON JULY 5 AS TO THE EFFECTIVENESS OF THE EDUCATIONAL PROCESS IN URGING CITIZENS TO CONSERVE WATER.AND POWER, AND THE EFFECTIVENESS OF THE CITY'S CONSERVATION OF WATER AND POWER. MOTION CARRIED. There was no further business to come before the Council, and the meeting was adjourned to Executive Session at 10:10 p.m. IREN VARNEY MORAN, Ci Clerk H. H. HARRISON, Mayor 0