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Ordinance 2483.11 THIS ORDINANCE WAS PASSED BY THE CITY COUNCIL BUT VETOED BY THE MAYOR. 02/20/85 WSS/naa Revised: ORDINANCE NO. 2483 2/21/85 AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING NEW PAY RANGES FOR THE POSITIONS OF CITY ENGINEER, PARKS AND RECREATION DIRECTOR, AND PUBLIC WORKS SUPERINTENDENT, PROVIDING FOR SALARIES ABOVE THE NEWLY ESTABLISHED RANGES, REPEALING INCONSISTANT PROVISIONS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. FOLLOWS: WHEREAS, THE CITY COUNCIL OF EDMONDS, WASHINGTON, DO ORDAIN AS Section 1. The following pay ranges and salary grades are hereby established: A. City Engineer - Exempt 9; B. Parks and Recreation Director - Exempt 8; and C. Public Works Superintendent - Exempt 8. Section 2. Any inconsistant'provision of any ordinance is hereby repealed. Section 3. In the event that, at the date of passage of this ordinance, the incumbant in any position listed in Section 1 shall be earning a salary in excess of the range herein established, the salary of the incumbant shall be reduced to a level within the new range. Section 4. This ordinance shall be in full force and effect five (5) days after passage and publication by posting as provided by law. - 1 - APPROVED: MAYOR, LARRY S. NAUGHTEN ATTEST/AUTHENTICATED: CITY CLERK, JACQUELINE G. PARRETT APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY FILED WITH THE CITY CLERK: February 21, 1985 PASSED BY THE CITY COUNCIL: February 26, 1985 POSTED: NOT POSTED BECAUSE IT WAS VETOED BY THE MAYOR EFFECTIVE DATE: ORDINANCE NO. 2483 - 2 - Attorney Scott Snyder reviewed the criteria to be used by the Council and said each rezone request is judged on its own individual merits and background. Ms. Block interjected that there is a difference between the Zoning Map and the Comprehensive Policy Plan Map; the Comprehensive Map indicates the large low or high density residential areas, etc., while the Zoning Map is more specific. Councilmember Kasper asked if application for short -plat had been made. Ms. Block replied in the negative. Asked if the house is located so the lot could be divided in half, Ms. Block said it appears to be. Councilmember Kasper said there is no reduction in open space with the Park next to it, the park does not have RS-12 zoning and there is RS-8 across the street. He said he considers everything north of 195th St. S.W. as a buffer against any extension of this zoning. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO OVERRIDE THE PLANNING BOARD DECISION AND STAFF RECOMMENDATION AND ACCEPT THE REZONE AS APPEALED. Councilmember Dwyer said the review criteria for rezones are contained in Section 20.40.010 of the Community Development Code. COUNCILMEMBER DWYER AMENDED THE MOTION, SECONDED BY COUNCILMEMBER KASPER, TO INCORPORATE THE FOLLOWING FINDINGS UNDER SECTION 20.40.010: I. 20.40.010A, NO INCONSISTENCY EXISTS WITH THE COMPREHENSIVE PLAN. II. 20.40.010B, NO INCONSISTENCY EXISTS WITH THE ZONING ORDINANCE BECAUSE SECTION 16.10.000A DOES NOT APPLY; SECTION 16.10.000B, THERE WOULD BE NO LOSS OF LIGHT, PRIVACY, VIEWS, OPEN SPACE OR SHORELINES AND NO DAMAGE TO FREEDOM FROM AIR, WATER, NOISE AND VISUAL POLLUTION; SECTION 16.10.000C DOES NOT APPLY; SECTION 16.10.000D, THERE WOULD BE NO SIGNIFICANT INCREASE IN TRAFFIC; SECTION 16.10.000E, THERE WOULD BE NO HAZARDS OR NUISANCES CREATED. III. SECTION 20.40.010C, THE ACTUAL USE OF SURROUNDING LAND IS RS-8. IV. 20.40.010D, CHANGES WOULD SEEM TO MITIGATE IN FAVOR OF THE REZONE. V. 20.40.010E, THE REZONE APPEARS TO BE SUITABLE. VI. 20.40.010F, GIVEN THE ACTUAL USE OF THE PROPERTY, THE RELATIVE GAIN TO THE PUBLIC IS MINIMAL AND FAILS WHEN COMPARED TO THE ACTUAL INCREASE OR DECREASE IN VALUE OF THE PROPERTY IN DENYING THE REZONE. AMENDMENT TO MOTION CARRIED. MAIN MOTION, AS AMENDED, CARRIED. PRESENTATION OF QUEST NORTHWEST OUTDOOR ADVENTURE PROGRAMS Recreation Coordinator Brian McIntosh called attention to a brochure before the Council describing Quest Northwest. In response to concern expressed during an October Council meeting that youth programs were needed in Edmonds, the Parks and Recreation staff were looking for a program such as Quest Northwest. Quest is aimed at the 13 to 18 year old using the great outdoors locally, regionally and statewide. There were five things that stood out for Mr. McIntosh: 1. The Quest philosophy, concern for the overall growth of participants; 2. The Quest program has a deep concern for the environment; 3. They are concerned about the safety of the participants and their staff; 4. They are experienced in working with various National Parks as well as Parks Canada; and 5. They are located in Edmonds. He introduced Miles Hanchett, a Quest Director. A brief audio-visual presentation was made concerning Quest Northwest. Mr. Hanchett described the proposed projects at Edmonds' Goodhope Pond and at Crescent Lake. He said in the process of gathering the data on these projects the young people are taught about the environment, especially their own community environment, an opportunity very few youngsters are able to have. They also need to know the community appreciates them and that they are contributing to that community, he said, and this is an opportunity to do that. He explained that he is a physicist by training and worked for 17 years in research. He also is interested in the outdoors and in young people. He said Quest affords him the opportunity to combine these interests. In response to a question from Councilmember Jaech, he said Quest is not connected with Outward Bound or any program in Redmond. Mr. McIntosh explained the costs involved in the program and briefly outlined some of the methods used to raise money. He also described the use of scholarships to assist young people who wish to participate. Asked if there has been any interest in the program, Mr. McIntosh said the program is just being publicized and the pilot project is starting this Saturday to see if there will be interest in the community. Mayor Naughten recessed the meeting for 10 minutes, reconvening at 8:45 p.m. CONSIDERATION OF VETOED ORDINANCE 2483 WHICH ESTABLISHES NEW GRADES FOR COMMUNITY SERVICES DIVISION MANAGERS Mayor Naughten stated he had vetoed Ordinance 2483 and his reasons for vetoing the ordinance were contained in his letter to the Council dated March 1, 1985. That letter is quoted: "As I announced at the February 26, 1985 Council meeting , I am vetoing the above ordinance, pertaining to our Division Managers, for the following reasons: 1. External market factors, as stated i n Peter Hahn's memo of January 22, 1985, would indicate that given the levels of responsibility of these positions in question, with the exception of the City EDMONDS CITY COUNCIL MINUTES Page 3 March 5, 1985 Engineer, they should be at higher levels than E-8. External market comparisons are not the total criteria for job classification. They are, however, a benchmark. 2. The present Ordinance 2483 downgrades three Division Managers' positions and leaves one unchanged. Each of these positions is one level below that of Department Directors, which are E-10. I feel that for the reason of parity, and the status of these positions in or organizational structure, they should all be E-9. The net result of this status would be two positions downgraded, one upgraded, and one, no change. 3. Our goal in 1984 was to reduce mid -management position levels where possible. We accomplished this by not replacing the Property Manager and Building and Grounds Manager positions. We have instead reassigned many of these duties to these four Division Managers. Again, our objective is to provide the same levels of service to the public, with less people. I feel the classifications of E-9, at these management levels, support the added responsibilities we have delegated to these positions. If the Council cannot reach a decision on these classifications as a group, perhaps each position should be reviewed individually on its own merit and given responsibility in the organizational structure. I would urge you to once again review Peter Hahn's memo of January 22, 1985, for it was a very comprehensive analysis. COUNCILMEMBER KASPER MOVED, SECONDED FOR DISCUSSION BY COUNCILMEMBER HALL, TO APPROVE ORDINANCE 2483, OVERRIDING THE VETO. Councilmember Hall asked for an explanation of the grade classifications if the motion is approved. Councilmember Kasper said there would be three E-8 positions and one E-9 position, that of the City Engineer, which has state requirements. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH, KASPER, OSTROM, AND WILSON VOTING YES; COUNCILMEMBERS NORDQUIST, DWYER, AND HALL VOTING NO. MOTION FAILED BECAUSE A SUPER MAJORITY VOTE WAS NEEDED FOR APPROVAL. In response to a question from Councilmember Hall, Mr. Snyder said the affected positions will now remain at their previous classifications. Councilmember Hall said a new position was created for a Community Services Director and the incumbent has not been in the position long enough to determine the classifications of the other positions. She had disagreed with the classification of the Community Services Director position, feeling that an E-11 would have allowed for maneuvering room. She said this should be a message to the staff that the Council is willing to take another look at this. Councilmember Ostrom expressed appreciation for the work of Community Services Director Peter Hahn on the report for the Council on these positions. He said the problem is in reconciling the work done by Mr. Hahn with the intent of the Council regarding reorganization. He believes the Council must come to a closer agreement on what is to be accomplished since no two members seem to have the same idea of what the reorganization and agreement at the retreat mean. Councilmember Kasper said going to higher grades would force the City to up -grade the qualifications of the positions and he said there is no need for higher qualifications. Councilmember Dwyer said the report submitted by Mr. Hahn had compared apples with apples and no one has argued with the methodology used. The Council had asked for the report but did not like the answer; perhaps, he said, the Council should decide what answer they want and ask someone to get them there. Councilmember Kasper said using external comparisons of cities, that are not structured the way Edmonds is, created a basic factor fallacy in the report. He said the City is top heavy if these positions are left at their present classifications. Councilmember Dwyer suggested that the methodology should have been questioned when it was first presented. Councilmember Kasper said he had attempted to explain his position to everyone. He said he wants more people on the line and he does not believe the issue of morale should be used as a basis for reorganization. Mr. Hahn explained that it is a matter of interpretation between himself and Councilmember Kasper; he made the adjustment referred to but he believes it is a matter of degree that constitutes the difference. He said if he had gone on the basis of external comparabilities, he would have rated 2 of the Division Managers as E-10, but he made them E-9 precisely on the basis of Mr. Kasper's comments. He did maintain the Public Works Superintendent on the basis of external comparabilities. Councilmember Kasper said another factor to be considered is the difference in the three positions and the City Engineer position. Mayor Naughten suggested that the Council look at the entire management structure of the City from the top down and determine which way they wish to go to obtain a balance. Councilmember Kasper said the Community Services Director position is demonstrating that the goal of the Council is being reached, but the management structure of the City must not be increased, it must be at a level to bring the services to the City. A suggestion to have a Saturday session was not acceptable to all; therefore, this item was scheduled for inclusion on the retreat agenda. Council President Nordquist will prepare a list of items now included on that agenda and Council will prioritize and determine which should be included on the retreat agenda. REPORT ON BANK SERVICE BIDS AND AUTHORIZATION FOR MAYOR TO SIGN BANK SERVICE AGREEMENT EDMONDS CITY COUNCIL MINUTES Page 4 March 5, 1985 THESE MINUTES SUBJECT TO March 5 APPROVAL EDMONDS CITY COUNCIL MINUTES February 26, 1985 (Work Meeting) The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Larry Naughten in the Plaza Meeting Room of the Edmonds Library. All present joined in the flag salute. PRESENT Larry Naughten, Mayor Jo -Anne Jaech Steve Dwyer Laura Hall Bill Kasper John Nordquist Lloyd Ostrom Jack Wilson Doug Reuble, Student Rep STAFF PRESENT Bobby Mills, Actg, Public Works Superintendent Peter Hahn, Community Services Director Art Housler, Administrative Services Director Dan Prinz, Police Chief Pat LeMay, Personnel Director Steve Simpson, Parks & Rec. Director Mary Lou Block, Planning Director Jack Weinz, Fire Chief Jim Adams, City Engineer Jackie Parrett, City Clerk Scott Snyder, City Attorney Shirlie Witzel, Recorder CONSENT AGENDA COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER DWYER, TO ADD ITEM (G), CONTRACT FOR CONSULTANT ON WOODWAY HIGH SCHOOL TRAFFIC DEVICE, TO THE CONSENT AGENDA. MOTION CARRIED. Items (D) and (G) were removed from the Consent Agenda for discussion. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER DWYER, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda included the following: (A) Roll call. (B) Approval of minutes of February 19, 1985. (C) Adoption of Ordinance 2482 regarding compensatory time. (E) Authorization to purchase two vehicles from State contract ($215000). (F) Acknowledge receipt of claim for damages from Terri L. Schluetz ($109.15). PROPOSED ORDINANCE 2483 ESTABLISHING NEW GRADES FOR COMMUNITY SERVICES DIVISION MANAGERS Item D on Consent Agenda This item was removed from the Consent Agenda by Councilmember Nordquist because he does not concur with the ordinance, had not voted for the proposal last week and would not vote for it this evening. Councilmember Hall asked a member of the prevailing side to bring this up and reconsider the question. City Attorney Scott Snyder explained a motion was necessary to adopt the ordinance, votes could be changed at that time and a motion for reconsideration was not necessary. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER OSTROM, TO ADOPT THE ORDINANCE. A ROLL CALL VOTE WAS TAKEN WITH COUNCILMEMBERS JAECH, KASPER, OSTROM AND WILSON VOTING YES; COUNCILMEMBERS NORDQUIST, DWYER AND HALL VOTING NO. MOTION CARRIED. Councilmember Hall questioned the lack of acceptance of the report from the Community Services Director on these positions. Councilmember Wilson reiterated his position that the Public Works Superintendent position should have parity with the other positions and this ordinance does establish that parity. Councilmember Kasper recalled the discussions at the last Council retreat to the effect that a full-time Mayor and addition of a Community Services Director position would result in a reduction of management in those departments. He noted there have been no down grades in pay. He does not accept the figure of $562 as an increase and believes the overall increase would be very heavy in future years. He stated that the reorganization should progress through the lower EDMONDS CITY COUNCIL MINUTES Page 1 February 26, 1985 echelons. Councilmember Ostrom seconded Councilmember Kasper's comments. He reiterated his remarks of last week, his initial acceptance of Mr. Hahn's report and then his reconsideration, based on the Council retreat discussion of lowering the other levels of managers under the Community Services Director. In response to a question from Councilmember Hall, Mr. Snyder said the Mayor has ten days to sign or veto the ordinance, at the end of the ten days, should no action be taken by the Mayor, the ordinance would be enacted. Mayor Naughten indicated that he would veto the ordinance because changes have taken place since the Council retreat that are not being considered; he will present that case when the matter comes up again. Mr. Snyder explained that either a veto message or letter form is used for veto; the vote of a super majority of the Council is required to override a veto. Councilmember Dwyer encouraged the Mayor to veto the ordinance as quickly as possible, bringing the matter before the Council to determine if there are five votes and, if not, the matter can be pursued. He indicated his past and future support of the Community Services Director's proposal. CONTRACT FOR CONSULTANT ON WOODWAY HIGH SCHOOL TRAFFIC DEVICE [Item (G) on Consent Agenda) Councilmember Hall asked Community Services Director Peter Hahn to explain this item. Mr. Hahn said the consultant would study the problems at the entrance to the Woodway High School at Firdale Ave. The consultant would use data collected by the City, enabling him to submit findings and recommendations for designs and alternatives for Council consideration in April. Mayor Naughten added that costs would be divided between the City and the School District. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBEP, WILSON, TO APPROVE THE CONSULTANT CONTRACT FOR WOODWAY HIGH SCHOOL TRAFFIC DEVICE. In response to a question from Councilmember Jaech, Mr. Snyder said this is a standard consultant agreement for under $2,000 and conforms to State law. MOTION CARRIED. The Council recessed to Executive Session to discuss legal and personnel matters at 7:10 p.m., reconvening at 8:00 p.m. Councilmembers Jaech and Dwyer were not present immediately upon reconvening. CONTINUED DISCUSSION ON PROPOSED SALE OF CITY PROPERTY LOCATED ON 200TH S. W. BEHIND 8421 AND 8427 200TH ST. S.W. Community Services Director Peter Hahn summarized prior discussions of this subject. Because of the short time frame, Staff was unable to provide the appraisal on the property requested by Council motion for this evening. He recommended that the Council set a minimum bid price and advertise the property for sale in "as is" condition to determine the market value of the property. Because of the problems in regard to boundaries and access, an appraisal would not reflect the true value of the property. Advertising the property may produce letters of interest, he noted, and referred to the offers from abutting owners and their indication that the $10,000 could be negotiated upward. If the City were to consider those offers, restrictions could be placed on the property in regard to future development. Councilmember Dwyer returned to the dais at this point. Councilmember Kasper observed that there are builders who make their living from solving this type of problem and believes the City could find some that would accept the risk. He said raw land tends to be under -appraised by one third the value and would recommend placing the property on the market at 150% of the assessed value. In using the current appraisal, he would ask 125% from the adjacent property owners, because of the problems that are involved; they would not know what they are getting into. He noted that a commercial developer would know that the "buyer" should "beware." Councilmember Jaech returned to the dais at this point. Councilmember Kasper suggested a price of $14,150 as a minimum bid. Mr. Snyder cautioned that a higher minimum bid might not elicit many offers, while a lower minimum would encourage more offers. He said the Council is not obligated to accept any of the bids. Councilmember Dwyer asked what difference exists now from the last time the property was offered for sale and no bids were received. Councilmember Kasper explained that the market is better now. Councilmember Dwyer objected to setting a minimum price in an open meeting. Mr. Hahn said a minimum price means the Council will not accept offers below that figure; he feels $14,000 is a good figure because it is based on the assessed valuation. Councilmember Kasper suggested that the terms of the sale could make a difference in the price. Mr. Snyder indicated that there could be a problem, that the City would in essence be lending credit by accepting terms. COUNCILMEMBER KASPER MOVED, EDMONDS CITY COUNCIL MINUTES Page 2 February 26, 1985 March 1, 1985 MEMO TO: Members of the City Council FROM: Larry S. Naughten Mayor SUBJECT: Ordinance 2483 (Reclassifications) As I announced at the February 26, 1985 Council Meet- ing, I am vetoing the above ordinance, pertaining to our Division Managers, for the following reasons: 1. External market factors, as stated in Peter Hahn's memo of January 22, 1985, would indi- cate that given the levels of responsibility of these positions in question, with the ex- ception of the City Engineer, they should be at higher levels than E-8. External market comparisons are not the total criteria for job classification. They are, however, a bench- mark. 2. The present Ordinance #2483 downgrades three Division Managers' positions and leaves one unchanged. Each of these positions is one level below that of Department Directors, which are E-10. I feel that for the reason of parity, and the status of these positions in our organ- izational structure, they should all be E-9. The net result of this status would be two posi- tions downgraded, one upgraded, and one, no change. 3. Our goal in 1984 was to reduce mid -management position levels where possible. We accomplished this by not replacing the Property Manager and Building and Grounds Manager positions. We have instead reassigned many of these duties to these four Division Managers. Again, our objective is Members of the City Council March 1, 1985 Page 2. to provide the same levels of service to the public, with less people. I feel the classi- fications of E-9. at these management levels, support the added responsibilities we have delegated to these positions. If the Council cannot reach a decision on these classifi- cations as a group, perhaps each position should be re- viewed individually on its own merit and given responsi- bility in the organizational structure. I would urge you to once again review Peter Hahn's memo of January 22, 1985, for it was a very comprehensive analysis. LSN/db