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05/09/1995 City CouncilApproved City Council Minutes Approved 5116195 EDMONDS CITY COUNCIL APPROVED MINUTES MAY 99 1995 A special meeting of the Edmonds City Council was held at 6:45 p.m. to interview a candidate for the Planning Board. The regular Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro-tem Tom Petruzzi in the Library Plaza Meeting Room, 650 Main Street. The meeting was preceded by the flag salute. ELECTED OFFICIALS PRESENT Tom Petruzzi, Mayor Pro-tem Barbara Fahey, Council President Pro-tem William J. Kasper, Councilmember Michael Hall, Councilmember Dave Earling, Councilmember John Nordquist, Councilmember Roger L. Myers, Councilmember ABSENT Laura M. Hall, Mayor STAFF PRESENT Michael Springer, Fire Chief Art Housler, Administrative Services Director Paul Mar, Community Services Director Rob Chave, Planning Manager Brent Hunter, Personnel Manager Arvilla Ohlde, Parks and Recreation Manager Chuck Day, Accounting Manager Don Fiene, Hydraulics Engineer Noel Miller, Public Works Superintendent Gordy Hyde, Engineering Coordinator Rhonda March, City Clerk Sandy Chase, Deputy City Clerk Christine Laws, Recorder Prior to the start of the meeting, Mayor Pro-tem Petruzzi recognized Mountlake Terrace Mayor Roger Bergh. AEG 1. EXECUTIVE SESSION ON A LEGAL MATTER (45 Minutes) ��5yt°a The Council went into Executive Session at 7:00 p.m. and reconvened at 8:02 p.m. 5 2. FULL COUNCIL REVIEW AGENDA Mayor Pro-tem Petruzzi asked to include as Item F on the Full Council Review Agenda a five minute discussion on the employment contract for the Council Resource Person. �o� G6 COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER KASPER, TO ADD AS C o ITEM F TO THE FULL COUNCIL REVIEW AGENDA A FIVE MINUTE DISCUSSION ON THE Q� 5 �a ( EMPLOYMENT CONTRACT FOR THE COUNCIL RESOURCE PERSON. MOTION CARRIED. (A) APPROVAL OF JOB DESCRIPTIONS FOR PARKS & RECREATION (deferred from 4/18/95) Parks and Recreation Manager Arvilla Ohlde advised this matter had been before Council on a Consent Agenda, but there were additional questions concerning the Recreation/Cultural Supervisor and the Community Activities Coordinator. She said she had met with the Finance Committee, heard their concerns and comments, and believes what is before Council tonight is ready for approval. Approved City Council Minutes May 9, 1995 Page 1 Councilmember John Nordquist interjected that the Finance Committee consists of Councilmember Myers and himself. They met with the Personnel Director and Arvilla Ohlde last week. He brought to Council attention that the last time Council was presented with a potential salary of $54,000, and it was assured by Ms. Ohlde that this amount was approximately $44,530. When that position was budgeted, it was not going to start until April 1. He hoped the $44,530 was a fixed amount. Secondly, Councilmember Nordquist called attention to the recommended organizational chart. There is a position of an Arts Resource Coordinator. Another concern he had is that it is a brand new position, and while not directing the staff on what to do, the Committee suggested that perhaps the future of this job was still in doubt as to its magnitude, and the job description itself is not clear. He suggested it might be better that the position would answer directly to the Parks and Recreation Manager than to a supervisory position. The Committee was looking at solving a problem it anticipated may arise in the next year or two. The recommendation was made to the Parks and Recreation Manger, but no mandates were given. Councilmember Myers indicated one of his concerns was that the organizational chart increased to seven from six, but that was clarified in the meeting that was held. His other concern dealt with the general cost of escalation. He expressed concern that this seemed to be the year to get money from the City. He wanted to insure that the City was still operating on a fiscally sound basis. He stressed that this concern was not restricted to this position. He believes time will tell as far as the Cultural Arts position. Generally, his concerns had been answered at the meeting. Councilmember Earling asked Ms. Ohlde, with regard to the Cultural Plan and knowing there will be updates on the Plan, if Council will be getting a progress report on how this job is interrelating with it so Council can get a sense of how this is working and whether this person is able to help carry out the Plan. Ms. Ohlde indicated Council may want an interim report, but what it is going to see is the success of the Cultural Arts Plan as it goes through. She explained that the new position is an external position. The position that is existing is an internal one. The success of the Cultural Arts Plan will vary on their ability to keep functioning, and it will be seen in the successes of that work program and the goals set for the Cultural Arts Plan. COUNCILMEMBER EARLING MOVED, SECONDED . BY COUNCILMEMBER HALL, FOR APPROVAL OF THE JOB DESCRIPTIONS FOR THE PARKS AND RECREATION POSITIONS AS PRESENTED. MOTION CARRIED. (Councilmember Kasper voted no for the reasons stated at budget time.) (B) CONTINUED REVIEW OF FORMATION OF ECONOMIC DEVELOPMENT COUNCIL oopoc 6 I Council President Pro-tem Fahey led the discussion. She clarified that in Council packets were minutes of a May p���q 1 meeting which indicated an attendance as seven people which is essentially the Steering Committee. For the record, that meeting had about 22 people in attendance -- it was a meeting of the full group that started this whole Cou process and came back to approve the recommendations of the Steering Committee. What has been presented to Council, with a request for funding, was approved at that May 1 meeting. The minutes will be corrected. Council President Pro-tem Fahey advised she had overhead transparencies to explain to Council what the two phases would include. She expressed a concern over the time element at this meeting. She also called Council attention to another piece of literature handed out which talks about the Strategic Planning, a how-to manual for local government. It has been provided for later review to give an idea of what is envisioned in the long term process of developing a Strategic Plan. Councilmember Earling confirmed with Council President Pro-tem Fahey that her request was for the City to come forward with $6,000; $1,000 of which would come from the Arts Commission. He then asked where the $5,000 balance may come from. Council President Pro-tem Fahey says that was the request being made with the understanding that funds are being requested from four other groups: the Chamber of Commerce, the Port of Approved city Council Minutes May 9, 1995 Page 2 Edmonds, and the Arts Festival Boards. There will be funding from five sources, and the total amount of the funding is $12,000. It was determined the source would be the Council Contingency Fund. Councilmember Earling indicated that based on the commitment made at the Retreat to move this program along, $6,000 is a minimal sum to take the next step. Mayor Pro-tem Petruzzi commented that this particular effort is one of the things that has to happen in this community. He complimented Council President Pro-tem Fahey for her efforts and recommended that Council consider the $6,000. Councilmember Kasper stated his belief this should be done on a 50% basis. He does not feel that the City should put in $6,000 unless the rest comes in. Mayor Pro-tem Petruzzi said the total working fund would be $12,000. The City's part would be $6,000; the consultant would cost around $10,000; that would leave $2,000 over, and the Chamber of Commerce and the Port at $2,500 each and the Arts Festival Board for $1,000. It was determined that the money would come from the Council Contingency Fund and would be for a maximum of $6,000. Mayor Pro-tem Petruzzi asked Council President Pro-tem Fahey to consult with Barb Mehlert or Sandy Chase to put a packet together for the Consent Agenda for next week providing for the funding not -to -exceed $6,000 to come from the Council Contingency Fund Pt. (C) UPDATE ON FINANCIAL CENTER ACQUISITION PROCESS aGt Community Services Director Paul Mar called Council attention to the weekly updated schedule. He also reported that as of 4:00 this afternoon, it is anticipated that a draft report on the building's structural, mechanical and electrical systems inspections will be available for inclusion in Council packets on Friday. Mayor Pro-tem Petruzzi asked for clarification of some of the scheduled items on which due dates have passed. Since it is believed the City has bond counsel on call, that item could be marked "done". Mayor Pro-tem Petruzzi asked Mr. Mar to check on Items 27, 28, and 19 on the goldenrod schedule Councilmember Earling said it sounded like the City was on line with all the inspections, but asked for assurances from Mr. Mar that he, personally, is comfortable with the time line being dealt with now in order to be able to accomplish the benchmark by the 1st of June. Mr. Mar said they are making progress. He suggested that next week when the reports are reviewed, Council can determine what kind of progress is being made. From the 16th, there are basically three weeks to clear everything in terms of asking for more details on those reports if further questions are desirable. Mayor Pro-tem Petruzzi reported that those reports are the key reports to be reviewed by Councilmember Kasper. City Attorney Scott Snyder has advised there really isn't anything to be done from a legal standpoint until these reports have been reviewed. Mr. Mar announced that he had authorized for Whiteley Jacobsen, the engineering firm, to provide some cost. numbers so when Council reviews their assessment of the inspection results on the building, it will have an idea of what the cost would be to bring those up to some level. Those will be available next week as well. The figures would be for anything they found in the building that needed correcting. Some of the differences are because of what is required of public assembly areas and general office buildings. Discussion continued as to what might be included in those cost figures. (D) CONTINUED DISCUSSION ON TRAIN SPEEDS p5 Community Services Director Paul Mar handed out the attachment to his May 9 Memorandum to the Mayor and Council. He called Council attention to the highlighted portion on the last page of his handout which states that on May Approved City Council Minutes May 9, 1995 Page 3 26 the train will not stop in Edmonds and won't until the speed increases are granted. The speed increases cannot be granted until the four conditions of the WUTC order are completed. Those conditions are on page 1 of the memo in the box. In terms of who is going to do the work and how it is going to be done, there is total agreement of all parties (the three petitioners: Amtrak, WSDOT and BN and the City of Edmonds) on two of the conditions: fixing the existing fence which is to the East of Brackett's Landing Park which is presently maintained by the City and will be repaired by the City, and the fix at Laebugten Road will be handled by Burlington Northern. Those fixes were in the 1990 WUTC order but were never implemented. The two conditions in question and under heated discussion are the requirement to provide fencing along Sunset Avenue from approximately Bell Street north to Kasper Street and out at Ocean Avenue along the public right-of-way road between the right-of-way and the train tracks. It is Mr. Mar's understanding from verbal communication from Burlington Northern is that their perspective is that the City do the work and front-end the cost and Burlington Northern would reimburse the City. It is determined the fencing cost would be approximately $30,000. It was questioned how soon reimbursement was expected. Burlington Northern's motivation for such a request was questioned. It was determined whomever was the applicant would be subject to appeals. Discussion followed on the height of the required fencing. It seems what is desired is a barrier that would restrict access. The WUTC would prefer 6 feet but have mandated at least 3 1/24 feet. Council President Pro-tem Fahey asked if the purpose of this was to make up time that they are losing by not being able to go faster by not stopping in Edmonds. Mr. Mar confirmed this and added that analysis by WSDOT and AMTRAK showed that they would save 4 1/2 minutes on the run time between Seattle and Vancouver. Mayor Pro-tem Petruzzi stated that the WUTC order does not say who should put up the fences. Mr. Mar indicated that was true but that testimony was clear that it was Burlington Northern who had responsibility. May Pro-tem Petruzzi noted BN was holding up their own train. Mr. Mar reported that he had a meeting last Friday with representatives from AMTRAK, BN, WSDOT and the City in which Burlington Northern gave them a document dated 1934 which indicated that they had provided the City the opportunity to provide guard rails on Sunset Avenue. Mr. Mar consulted with City Attorney Snyder as to whether that extended to the City's responsibility or obligation of having to put fences up in this case, and it was his opinion it did not. Councilmember Earling asked Mr. Mar if he felt the City was being held hostage. Mr. Mar reiterated his belief that Burlington Northern, AMTRAK and WSDOT are clearly looking to the City of Edmonds to be the applicant to provide the fences. Councilmember Earling asked Mr. Mar to provide the testimony that shows that it would be Burlington Northern's responsibility. Councilmember Michael Hall asked about the numbers of people that boarded at Edmonds or disembarked in Edmonds on the recent RTA demo runs. Mr. Mar believed the ridership for that two week period was significantly greater in Edmonds than Everett. Councilmember Earling interjected that the ridership went from a low at the beginning of 75-100 people to several hundred people boarding the two train runs that went in each day. Councilmember Hall asked if by eliminating this stop, the trains were able to make the desired schedules. Mr. Mar doesn't know, in part because now the trains have to stop at the border in each direction. Councilmember Earling asked about the status of the Marysville appeal. Councilmember Earling asked Mr. Mar to look into that for Council He feels there are some other time elements that must be dealt with at this point. Mr. Mar further reported his understanding from talking to Public Works Directors from both Mount Vernon and Burlington is that they are the applicant, they are putting up the fence, and Burlington Northern is reimbursing them for it. Mr. Mar asked for Council guidance as to Items 2 and 3 in the box on the City's position. Discussion followed. Approved City Council Minutes May 9, 1995 Page 4 Councilmember Kasper brought up that fencing was not the subject on tonight's agenda, but that whether the City wanted to reopen the matter and file a lawsuit on this matter. Discussion was initiated by Councilmember Hall concerning possible options, anticipated costs, and time frames. If the matter can in deed be reopened at any time, and if the City can stop the trains from going faster by doing nothing and not having the fences there, the City can save some money. It is then likely they will try to put up the fences themselves, and Council can take a stand on whether it wants to give them a hard time. To Councilmember Hall it doesn't make sense when they say all trains must run through Edmonds faster in order to make sure a passenger train can make it on time. Mayor Pro-tem Petruzzi and Councilmember Myers reiterated Councilmember Hall's position. Councilmember Kasper believes a letter should be sent so that they take their proper actions and don't fall out because Edmonds fell out because it didn't have all the information at the time. Councilmember Earling asked to have the requested information provided, and when it is received, the matter can be set on another agenda time in the not too distant future. Councilmember Nordquist advised that he had a copy of Docket No. TR994028 which is the Findings of the Commission. He said the Laebugten crossing was addressed in a 1990 proceeding and at this time the Commission was dismayed to learn that the safety improvements had not already been made. This is five years later. He quoted from page 7 whereon it stated that in RCW 81.44.010 "grants the Commission the authority to order Burlington Northern to construct the recommended fencing on its right-of-way as well as repair fencing and install proper crossing signs". He discussed the fencing issue further and believes further review is needed. He expressed concern that if Burlington Northern constructed the fence, the City may get stuck with a six-foot fence which may obstruct views. Councilmember Nordquist would like Mr. Mar and Council to look into that portion to maybe get them down to a comfortable height He also asked Mr. Mar to look into the Commission Staffs argument on RCW 81.44.01. He questioned whether an order to Burlington Northern may have been left out of the docket. Mr. Mar reported that statements had been made that it did not matter who did the work as long as it was done. Mr. Mar will look into the testimony of the hearings in terms of what was recorded. Mr. Mar confirmed his directive as maintaining the City position that Burlington Northern do the work and that they pay for it. If they want to build a fence, they have to start the permit process to building a fence, and there will have to be hearings with the City as the regulatory agency that will get the hearing process going. It is up to Burlington Northern to seek the hearings. Mayor Pro-tem Petruzzi asked to set 30 minutes for the June 27 Council work meeting for further discussion. t,G (E) DISCUSSION ON DOCUMENTATION AND FINAL PRESENTATION ON THE FEASIBILITY STUDY OF AQUATIC FACILITY Ffl Parks and Recreation Manager Arvilla Ohlde invited the committee up front. A five minute break was called at 8:53 p.m. for the Council to view the drawings being presented. The meeting was reconvened at 8:59 p.m. Ms. Ohlde reported on the activities of the Citizens Committee and consultants and their desire for this give-and-take meeting before the final presentation next week. She introduced members of the Citizens Committee and others in the audience interested in aquatic facilities: Connie Passey, Dick Van Hollebeke, Gayle Crawford, Jeff Wilson, Shirley Murdock, Jan Dewar, Jason Schattenkirk, Betsy Hood, Jan Kavadas, Dr. McAndrews, Lyle Campbell, Lee Sheldon, and Roger Hertrich. Coral DeWilliam described the proposed preliminary designs for a family community pool which she believes incorporates all of the various aspects Council wanted considered; such as diving tanks, competitive swim area, multiple usage capabilities, and all the various facilities to be included. She also described the layout in relation to the Edmonds-Woodway High School. Approved City Council Minutes May 9, 1995 Page 5 At the request of the Citizens Committee, Susan Reichmann spoke on the positive effects of the pool project on the youth, described the U.S. Swimming Program, and introduced local competitive swim clientele. She also discussed the family benefits, the community needs and the user opportunities. She believes benefit to the community is not necessarily a matter of dollars. Dick Van Hollebeke discussed economic developments and community commitment to the preliminary design concepts. Council President Pro-tem Fahey indicated it was her belief that Council was going to have their specific questions answered before it moved into something as comprehensive as a design. She thought Council would be weighing the pros and cons of several sites and a cost analysis to conceivably build on these sites, and none of that information has been seen. She thought this information would be a clear understanding of the benefits and drawbacks of each location. Ms. Fahey thought this information would be coming forth in a feasibility study before developing a really comprehensive plan. She also questioned the fact that the school was not going to put money into this project but would be a major user. She wondered if what was being considered was building something more beneficial to the School District than it is to the community. Council President Pro -tern Fahey noted that while it was a wonderful plan, there was nothing to support it before Council. Ms. DeWilliam responded that four sites had been evaluated. The Steering Committee thought it important to meet with Council prior to the issuance of its final feasibility study which does include a discussion of the sites, as well as a cost estimate for this. She stated it was anticipated they would be on the agenda in two weeks to present the feasibility study. Mr. Van Hollebeke reiterated that the kinds of questions asked by Ms. Fahey were what they were present to hear, and that they would all be addressed on May 23. Councilmember Myers reiterated Council President Pro-tem Fahey's concerns. He expressed his additional concern with the parking provisions and who is to maintain the facility over the years. He indicated that there must be justification for the cost. Councilmember Earling confirmed that Council President Pro-tem Fahey's questions would be answered on May 23. He also commended the citizen participation. He asked the committee to bring back some examples as to the impacts of the project. He wants numbers. Councilmember Earling asked the committee to do a cost analysis for this proposal and with the same facility with a 25 yard pool (F) DISCUSSION ON EMPLOYMENT CONTRACT FOR COUNCIL RESOURCE PERSON 1v Cp4� Mayor Pro -tern Petruzzi reminded Council that its Resource Person has been working without a contract though it was approved at budget time. He went through the contract details as to hours, starting date and hourly rate as determined by the budget. There followed discussion concerning vacation time and sick leave. Ms. Mehlert does flG� not wish to participate in the medical program. Discussion primarily centered on the number of hours worked per week. Councilmember Earling believes the formula for vacation and sick leave can be figured out and the matter be placed on the Consent Agenda for approvak There being no further business for full Council review, the meeting was recessed at 9:45 'p.m. for the Councilmember t o int�o/ eir respective committees and adjourn from there. 7b�Gved City Council Minutes d al I,'Mayor �naa�r, 1 1 y Z, er May 9, 1995 Page 6 MAY 9, 1995 SPECIAL CITY COUNCIL COMMITTEE WORK MEETING (Second Tuesday of Each Month) .:..... €:4S P;M.:>:-:.INTE _.............W... R..LANNING:BOAIID:P.t>SiTION:...:.::::.::::. The three City Council committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Council will first meet together in Executive Session and will then meet to consider items as a full Council. They will then meet separately as committees in different meeting rooms as indicated below. CALL TO ORDER AT 7:00 P.M - FULL COUNCIL FLAG SALUTE 1. EXECUTIVE SESSION ON A LEGAL MATTER (45 Minutes) 2. FULL COUNCIL REVIEW Large Plaza Meeting Room, Library Building (Second Floor) (A) (10 Min.) APPROVAL OF JOB DESCRIPTIONS FOR PARKS & RECREATION (deferred from 4/18/95) (B) (10 Min.) CONTINUED REVIEW OF FORMATION OF ECONOMIC DEVELOPMENT COUNCIL (C) (5 Min) UPDATE ON FINANCIAL CENTER ACQUISITION PROCESS (D) (5 Min) CONTINUED DISCUSSION ON TRAIN SPEEDS (from 5/2/95) (E) (20 Min.) DISCUSSION ON DOCUMENTATION AND FINAL PRESENTATION ON THE FEASIBILITY STUDY OF AQUATIC FACILITY 3. PUBLIC SAFETY COMMITTEE Small Plaza Meeting Room, Library Building (Second Floor) (A) (5 Min) REVIEW OF JOB DESCRIPTION FOR VOLUNTEER FIRE FIGHTERS COORDINATOR 4. FINANCE COMMITTEE Library Conference Room, Library Building (First Floor) 5. (A) (10 Min.) REQUEST BY SENIOR CENTER FOR 25-PERSON BUS (from 4/18/95) (B) (15 Min.) DISCUSSION ON STORM WATER RATE STUDY (C) (10 Min.) REVIEW OF BUSINESS LICENSE FEES (D) (5 Min.) APPROVAL OF PETTY CASH EXPENDITURES FOR MONTH OF APRIL 1995 (E) (5 Min.) AUTHORIZE FUNDING SOURCE FOR CITY CLERK TERMINATION PAY Large Plaza Meeting Room, Library Building (Second Floor) (A) (10 Min.) DISCUSSION OF OFF -PREMISES DIRECTIONAL SIGNS FOR COMMERCIAL USES (B) (20 Min.) CONTINUED REVIEW OF DOGS IN THE PARKS (from 4/11/95) (C) (10 Min.) DISCUSSION ON TRUCK ROUTE SIGNAGE (D) (10 Min) DISCUSSION OF IMPROVEMENTS FOR FERRY -RELATED TRAFFIC IN DOWNTOWN/ WATERFRONT AREA PARKINGAND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERKAT 771-0245 WITH 24 HOURSADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32. THIS MEETING IS NOT TELEVISED.