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10/25/1988 City CouncilTHESE MINUTES SUBJECT TO NOVEMBER 1, 1988 APPROVAL EDMONDS CITY COUNCIL MINUTES OCTOBER 25, 1988 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 ABSENT STAFF Larry Naughten, Mayor Karen Abrams, Student Mary Lou Block, Planning Div. Mgr. Bill Kasper, Council President Rep. Art Housler, Admin. Svc. Director Steve Dwyer, Councilmember Jack Weinz, Fire Chief Laura Hall, Councilmember Bobby Mills, Public Works Supt. Roger Hertrich, Councilmember Peter Hahn, Comm. Svc. Director Jo -Anne Jaech, Councilmember Dan Prinz, Police Chief John Nordquist, Councilmember Bob Alberts, City Engineer Jack Wilson, Councilmember Jim Barnes, Parks & Rec. Div. Mgr. Jerry Hauth, Hydraulics Engineer Scott Snyder, City Attorney Jackie Parrett, City Clerk Margaret Richards, Recorder CONSENT AGENDA Items (B) and (E) were removed from the Consent Agenda. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER JAECH, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items on the Consent Agenda include the following: (A) ROLL CALL 6Q44rXi (C) ACKNOWLEDGMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM KAREN FORD ($123.70) j� (0) AUTHORIZATION TO GO TO BID FOR A POOL THERMAL BLANKET ($11,000) AND.TO ACCEPT A $2,500 GRANT FROM THE STATE OF WASHINGTON ENERGY OFFICE t F) AUTHORIZATION LFOR BIDS FOR THE REPLACEMENT OF GAS AND WASTE OIL TANKS LOCATED AT200DAYTON STREET ($20,000) APPROVAL OF MINUTES OF OCTOBER 18, 1988 [ITEM (B) ON THE CONSENT AGENDA] Mayor Naughten referred to page 5, paragraph 9, and noted the following correction: "Ms. Padgett said the. Personnel Manager would be considered as a division manager and would serve in the same D� capacity as the Planning Division Manager and Public Works Superintendent" rather than serve in a / supervisory capacity to those managers. Councilmember Hertrich referred to page 6, paragraph 2, and noted that he had emphasized that he thought it was important that the educational requirements for the personnel manager be higher. He thought the manager should have taken college courses in related subjects, although he/she does not necessarily have to have a degree. COUNCILMEMBER HERTRICH MOVED, SECONDED.BY COUNCILMEMBER JAECH, TO APPROVE THE MINUTES AS CORRECT- ED.- MOTION CARRIED. AUTHORIZATION TO PURCHASE COURT FILING SYSTEM ($3,235) [ITEM (E) ON THE CONSENT AGENDA] �ytcliN•. Councilmember Nordquist said telephone bids are typically open for three days, noting that Allied Systems Products was late in submitting their bid. He said they are franchise dealers, and he wondered if they would honor the three-year warranty. Councilmember Nordquist said he was unhap- py with the way the bidding process was handled. He said all vendors who called in a bid should be recognized. He felt the bids should be reopened. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER JAECH, TO DEFER APPROVAL OF ITEM (E) UNTIL HIS QUESTIONS WERE ANSWERED. MOTION CARRIED. CWC-HDR MONTHLY TREATMENT PLANT REPORT Bud Benges, CWC-HDR, Inc., reported that the project has not been active during the month of October. He said the bid protest by Wright Schuchart-Harbor of the award to Kiewit Construction has progressed from a denial by the City to an appeal to EPA. EPA's hearing officer had surgery during that time and has not ruled on the appeal. Mr. Benges said the Telemetering Design for customer metering is near completion and will be submitted to DOE for approval in early November. Mr. Benges noted that the Architectural Design Board approved the changes required to accommodate the Snohomish County PUD and sign change. Mr. Benges said the hearing for the outfall Shorelines Permit has been continued until November. An application for a Conditional Use Permit has been filed for installation of the pipeline in a Marine Resource area. DISCUSSION OF BOYS/GIRLS CLUB BIDS �Y City Engineer Bob Alberts reported that on October 12, 1988, the City received two bids for the Boys/Girls Club remodel. Included in the Council packets was a summary of the bids. Mr. Alberts said both bids exceed the budgeted amount and do not meet all of the HUD goals and MBE and WBE participation. He said the project was advertised for only one week, which may not have drawn the attention of all potential bidders. Mr. Alberts said Staff did a reference check on the low bidder, which was positive with the State agencies and two of the three sources that were contacted. He said any bid award should include a 10% contingency, which would make alternate.III approximately $12,000 over budget. Mr. Alberts said Staff recommends to reject all bids and authorize Staff to scale the project down and readvertise. Mr. Alberts noted that an additional $15,000 can be requested from HUD. Councilmember Dwyer inquired if the HUD money will be jeopardized if the project is reduced in scope. Mr. Alberts replied negatively. Councilmember Dwyer inquired if the low bid of $63,608.46 included a 10% contingency. Mr. Alberts replied negatively. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER KASPER, TO DIRECT STAFF TO REJECT THE BIDS AND REBID THE BOYS/GIRLS CLUB PROJECT. MOTION CARRIED. PROPOSED RESOLUTION 679 ESTABLISHING EDMONDS SISTER CITY COMMITTEE AS A CITY AD HOC COMMITTEE IN ORDER TO CONFIRM TAX EXEMPT STATUS r City Attorney Scott Snyder said the proposed resolution was drafted to allow the Sister City Committee to qualify for a tax exempt status and so that the City could extend certain benefits of status -of a municipal corporation but with the intent that the Committee would continue its attempt to be self-supporting. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT PROPOSED RESOLUTION 679. Councilmember Hertrich said he was against extending certain benefits of the City to the Commit- tee. He suspected that the Committee may, in the future, request financial assistance from the City and he wanted to avoid that. He noted that members of the Committee would be appointed by the Mayor and would not need Council confirmation. Councilmember Jaech said she, also, was opposed to extending certain City benefits to -the Commit- tee. She said such action would set a precedent whereby other organizations would ask to be extended those same benefits. Mr. Snyder said the reason appointment of members of the Committee would not require Council confirmation was simply to mirror their status as an ad hoc committee that is recognized by the Mayor and not formalized by Council appointment. A ROLL CALL VOTE WAS TAKEN. MOTION FAILED WITH COUNCILMEMBER KASPER, COUNCILMEMBER DWYER, AND COUNCILMEMBER WILSON IN FAVOR; COUNCILMEMBER HALL, COUNCILMEMBER HERTRICH, COUNCILMEMBER JAECH, AND COUNCILMEMBER NORDQUIST OPPOSED. EDMONDS CITY COUNCIL MINUTES Page 2 OCTOBER 25, 1988 DISCUSSION ON RECENT SALE OF FIRE/RESCUE BOAT AND ALLOCATION OF PROCEEDS Fire Chief Jack Weinz reported that the fire/rescue boat was recently sold to Thurston County Sheriff's Office for $20,000. He said the City received a letter from the Hubbard Foundation requesting that their donation of $10,000•be returned to them, as it was earmarked for the fire/rescue boat. Chief Weinz noted that a list of those who contributed to the fire boat project was included in the Council packets. He said if the City was to return monies that were donated for the project to one contributor, then it should return monies to all of the contributors. Chief Weinz said although it was not his recommendation, an alternative would be to purchase an inflatable boat for water rescue only that would be permanently housed at Brackett's Landing. The boat would be manned by a dive team made up of four members of the Police Department and four members of the Fire Department. He said that would enable the City to continue with the training and equipment (approximately $10,200 in dive team equipment and $4,800 in water rescue train- ing). Another alternative is to commit the $20,000 to health and safety programs in the City. Councilmember Nordquist said his firm would like the money that it contributed towards the fire •boat to be used for rescue operations at Brackett's Landing. Councilmember Wilson inquired if the team appointed to the water rescue craft would always be available to man the boat. Chief Weinz replied affirmatively. Councilmember Wilson inquired if a storage structure could be located near the beach for the boat, yet still be aesthetically appealing. Chief Weinz replied affirmatively. COUNCILMEMBER HERTRfCH MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE THE WATER RESCUE CRAFT. Councilmember Kasper inquired about the total amount of money that has been expended on the fire boat to date. Chief Weinz replied $45,000. Councilmember Kasper recommended that the cost of the water rescue craft be investigated and that the City ascertain if the owner of the Anderson Marina would be amenable to storing the boat on his premises rather than building a structure on the beach. Councilmember Kasper said it appeared that the boat could be operated with the funds from the sale of the fire boat. Councilmember Hall noted that the Port of Edmonds has a new manager now. She said the manager has not been approached about participating in the cost of the rescue boat. Councilmember Hall suggested that a meeting be held with members of the dive team, Chief Weinz, and the Council to further discuss for what purpose(s) the boat would be utilized. COUNCILMEMBER HALL WITHDREW THE SECOND TO THE MOTION. She said she would like incorporated into the motion that FURTHER DISCUSSION WOULD TAKE PLACE AT A WORK SESSION. Councilmember Hertrich said the INTENT OF HIS MOTION WAS TO LET PEOPLE KNOW WHO CONTRIBUTED FUNDS TOWARDS THE FIRE BOAT THAT THEIR MONEY WILL CONTINUE TO BE USED FOR A RESCUE BOAT. COUNCILMEMBER HALL SECONDED THE MOTION. Further discussion of the water rescue craft was scheduled on December 13, 1988. Councilmember Kasper inquired if the members of the rescue team who were firefighters were quali- fied emergency medical technicians. Chief Weinz replied affirmatively. He said all firefighters are qualified emergency medical technicians. Councilmember Nordquist noted that a member of the Hubbard Foundation was in the audience. He requested Mayor Naughten to discuss with the representative what they wished to do with the money they contributed for the fire boat. MOTION CARRIED. REVIEW BY KCM OF SHELL CREEK/HINDLEY CREEK DRAINAGE IMPROVEMENTS In September 1988, the City Council authorized Kramer, Chin and Mayo Engineers (KCM) to proceed with the amended scope of work on the Shell Creek diversion. The predesign work would allow the comparison of a combined bypass for both Shell and Hindley Creeks against various configurations of individual bypass systems. The Council also authorized KCM to proceed with the predesign for the Shell Creek canyon restoration (between Sprague and 9th). The City has obtained a grant from the U.S. Environmental Protection Agency in the amount of $125,000, which has been awarded to the bypass project. Because of the anticipated water quality EDMONDS CITY COUNCIL MINUTES Page 3 OCTOBER 25, 1988 The Department of Ecology has also made grants available for stream restoration work (such as the Shell Creek canyon project). This is the grant program that awarded funds to the City for Phase II of the basin studies. Applications must be submitted before the end of the year to be consid- ered for a grant through this program for either the stream restoration or Phase III of the basin studies. Joan Lee, Kramer, Chin and Mayo, reviewed the alternative bypass pipelines routes for Shell Creek and Hindley Creek on a vicinity map. She said six rating criteria were considered in order to determine which alternative would be most preferable. She said alternative #5 was determined to be most.preferable because it would impact the least amouht of arterials. Ms. Lee said the cost for that alternative would range from $2.3 to $2.4 million. Ms. Lee said external permits for the project should be easily obtainable. She said KCM spoke with the State agencies involved and they did not anticipate any difficulties in the permit pro- cesses. Ms. Lee said it was largely a matter of the City's option as to how much detail and to what level of the permit process it wished to engage in the SEPA process and in obtaining a Shore- line Permit. Community Services Director Peter Hahn inquired, then, if the City could determine if an EIS was necessary. Ms. Lee said although there will be impacts from the project, the City would be the agency to determine whether or not they were significant. Steve Wagner, KCM, said the design phase of the project will commence after the preliminary de- sign document has been published and submitted to the Council for review and finalization. He said the design work will be completed by the end of March of '89 and actual construction will commence approximately the first of June. Mr. Wagner said the project would be completed by September but final clean up would take until the end of October. Councilmember Hertrich inquired if the grants were specifically for the combined bypass or for general improvements. Mr. Hahn said there is flexibility in the scope of work because the grant applications were general. Councilmember Hertrich said he was concerned about the project be- cause an alternative to solve the problem in a more natural manner, i.e., detention ponds, was not considered. He said if detention ponds were possible, it would eliminate the necessity for a pipeline, as well as the costs associated with it. Councilmember Kasper concurred. Mr. Wagner said KCM was retained after the basin study was completed to build the two bypasses. City Engineer Bob Alberts said KCM will finalize the predesign report within the next month. He suggested that Staff submit a synopsis to the Council of the basin study and a cost estimate to conduct another study when that report is submitted to the Council. Hydraulics Engineer Jerry Hauth said controlling overflow by use of detention ponds was consid- ered when the basin study was in progress. He said, however, that method is not feasible because enough water cannot be impounded in any one location to offset flooding downstream. Mr. Hauth said Staff intends to pursue a grant for channel restoration up to the canyon area. Councilmember Hertrich recommended that the use of detention ponds be investigated again before a final decision is made. DISCUSSION ON CONTROLLING JOB DESCRIPTIONS AND REOPENING THE PERSONNEL DIRECTOR SEARCH Councilmember Jaech said the Council never delegated their authority to review job descriptions. She noted that Janet Padgett referred to a 1988 Personnel Manager job description at last week's PrI Council meeting that was never validated by the Council. Councilmember Jaech said that raised Council concern that there may be other job descriptions that were revised without Council approv- al. Council discussion ensued With respect to controlling job descriptions. Councilmember Jaech noted that former Personnel Manager Pat LeMay had formulated a book of job descriptions which was submitted to the Council for review and approval. Councilmember Nordquist suggested that the Council direct the next Personnel Manager to review that book and present to the Council any job description which deviates from that book. Councilmember Nordquist said the Council had related to Administration that they wished to review the job description of the Personnel Manager and to interview candidates for that position. He said, however, that the Council has been "ignored" and the process of interviewing has contin- ued. He suggested that the Council interview the candidate that was selected by Staff anyway. Mayor Naughten referred to the Council minutes of July 12, 1988 and clarified that a motion was made by Councilmember Jaech, seconded by Councilmember Hertrich, to put a freeze on hiring a Personnel Manager until the personnel classification study was completed. He said Councilmember Jaech had said that the intent of that motion was to freeze hiring of a Personnel Manager but not EDMONDS CITY COUNCIL MINUTES Page 4 OCTOBER 25, 1988 Personnel Manager until the personnel classification study was completed. He said Councilmember Jaech had said that the intent of that motion was to freeze hiring of a Personnel Manager but not to prohibit interviewing and that is why Staff continued the interviewing process. Mayor Naught - en said he had told the Council that interviewing was in progress and the Council was always kept informed. Councilmember Jaech noted that Councilmember Kasper had informed the Mayor before the position was advertised that the Council wanted to review the job description. She said she told the Mayor at the Council meeting following that discussion that the Council was changing the job description; that they would not approve hiring a manager; and that they would prefer that Staff postponed interviewing. She said, however, the Mayor said he wanted to proceed anyway. Mayor Naughten said Staff was already in the process of looking for a replacement before the Council decided to commence a reclassification study. Councilmember Hertrich noted that there were two differences between the old and new job descrip- tion for the Personnel Manager: 1) the supervisory requirement has been increased from 2 to 5 years experience; and 2) the manager is to act more as a counselor/facilitator than the former manager. Councilmember Hertrich wondered if those differences were significant enough to warrant readvertising the position. Councilmember Wilson said he hoped the Council was supportive of the candidate that is selected rather than scrutinizing her as was done in the past. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO INTERVIEW THE CANDIDATE FOR PER- SONNEL MANAGER ON NOVEMBER 1, 1988. MOTION CARRIED. The meeting recessed at 8:42 p.m. and reconvened at 8:50 p.m. (Councilmember Nordquist left the meeting.) DISCUSSION ON 1989 PRELIMINARY BUDGET Discussion ensued regarding the 1989 preliminary budget. Councilmember Kasper noted that the budget did not reflect the addition of three firemen in 1989. Fire Chief Jack Weinz said a request was made but not included in the budget because funds were not available. Councilmember Hall said she wanted the Council to reconsider hiring those firemen. Councilmember Jaech, Councilmember Hertrich and Councilmember Dwyer felt it was impor- tant that funding be allocated for additional firemen. Councilmember Hall said money could be generated from some source to fund those positions. Councilmember Jaech suggested that monies be set aside in a special fund for requests from the community for funding and that the City notify the public that requests must be received within the next two weeks. Council discussion ensued regarding the 3% loan for road improvements. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO DELETE FROM THE PRELIMINARY BUDGET THE PROPOSAL TO APPLY FOR A LOW -INTEREST LOAN FOR STREET IMPROVEMENTS. Community Services Director Peter Hahn said the City receives approximately $300,000 a year from the Motor Vehicle Excise Tax, which is designated for roads. He said that money could be a source of funding to pay for the loan. Councilmember Dwyer inquired what project would be delet- ed which is funded by the Excise Tax if those monies were used to pay for the loan. Mr. Hahn said some of the projects that are funded by the Excise Tax are for road improvements. He said discussion of the loan is scheduled on November 22, 1988. He said payment of the.loan would not necessarily have to be from the General Fund. He requested the Council to reconsider their mo- tion until the discussion on November 22. The Council concurred. COUNCILMEMBER JAECH WITHDREW THE MOTION. COUNCILMEMBER JAECH MOVED, SECONDED BY COUNCILMEMBER WILSON, TO NOT PAY BACK THE LOAN FROM THE GENERAL FUND IF IT IS PURSUED. MOTION CARRIED WITH COUNCILMEMBER HERTRICH AND COUNCILMEMBER KASPER OPPOSED. Discussion of the low -interest loan of $1.5 million for street resurfacing was rescheduled from November 22 to November 15. Councilmember Hertrich recommended that a fund be established for convalescent care for LEOFF employees when they are admitted into a facility. He said currently, the City will pay approxi- mately $100 per day out of the General Fund if an employee requires convalescent care. He re- quested Staff to research that issue. EDMONDS CITY COUNCIL MINUTES Page 5 OCTOBER 25, 1988 MAYOR Mayor Naughten noted that Staff and members of the Council met that day with Secretary Berentson from the Washington State Department of Transportation, Admiral Parker from the State Ferry Sys- tem, and the Port of Edmonds. He said a community meeting is planned in the future. Mayor Naughten reminded the Council that a community meeting to discuss economic development of Highway 99 is scheduled on November loth at Edmonds Community College. He encouraged the Council to attend. COUNCIL Council President Kasper inquired if the Council wanted Janet Padgett to complete the classifica- tion study for the 17 positions in the City. The Council replied affirmatively. Council Presi- dent Kasper said he would request Ms. Padgett to have that report available for next week's Coun- cil meeting. Mayor Naughten adjourned the meeting at 10 p.m. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEM- BER WILSON, TO EXTEND THE MEETING. MOTION CARRIED. Council President Kasper inquired what date the Council wished to hold the retreat. The Council replied April 22nd and 23rd. Councilmember Hall said the Health District is negotiating with the unions. She said there is a proposal in the works to increase the fees for the cities and the County. Councilmember Hertrich noted that Admiral Parker pledged that the State Ferry System will not go beyond the parameters of City policy. He said the meeting was very positive. Councilmember Dwyer said he was under the impression at the conclusion of the Executive Session last week that the Council had resolved the matter with respect to the bargaining unit. He said, however, following an informal discussion with an employee it appeared to him that that agreement ,,,,.may not have been conveyed to the bargaining unit. He urged Staff to convey the agreement to employees as soon as possible. Mayor Naughten said Staff contacted the union and requested a meeting to review the final offer and conveyed to the union that the offer was to be acceptable to the City. Mayor Naughten said a date has not been set yet because the union is involved in King County bargaining. The meeting adjourned at 10:12 p.m. THESE MINUTES ARE SUBJECT TO NOVEMBER 1, 1988 APPROVAL. A, JACQUELINE G. PARRETT, City Clerk LARRY S. NAUGHTEN, Mayor EDMONDS CITY COUNCIL MINUTES Page 6 OCTOBER 25, 1988 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 - 10:00 P.M. OCTOBER 25, 1988 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER FLAG SALUTE 1. CONSENT AGENDA (A) ROLL CALL (B) APPROVAL OF MINUTES OF OCTOBER 18, 1988 (C) ACKNOWLEDGEMENT OF RECEIPT OF CLAIMS FOR DAMAGES FROM KAREN FORD ($123.70) (D) AUTHORIZATION TO GO TO BID FOR A POOL THERMAL BLANKET ($11,000) AND TO ACCEPT A $2,500 GRANT FROM THE STATE OF WASHINGTON ENERGY OFFICE (E) AUTHORIZATION TO PURCHASE COURT FILING SYSTEM ($3,235) (F) AUTHORIZATION TO CALL FOR BIDS FOR THE REPLACEMENT OF GAS AND WASTE -OIL TANKS LOCATED AT 200 DAYTON STREET ($20,000) 2. CWC-HDR MONTHLY TREATMENT PLANT REPORT (10 MINUTES) 3. REVIEW BY KCM OF SHELL CREEK - HINDLEY CREEK DRAINAGE IMPROVEMENTS (15 MINUTES) 4. DISCUSSION OF BOYS/GIRLS CLUB BIDS (10 MINUTES) 5. PROPOSED RESOLUTION 679 ESTABLISHING EDMONDS SISTER CITY COMMITTEE (10 MINUTES) AS A CITY AD HOC COMMITTEE IN ORDER TO CONFIRM TAX EXEMPT STATUS 6. DISCUSSION ON RECENT SALE OF FIRE/RESCUE BOAT AND ALLOCATION OF PROCEEDS (10 MINUTES) 7. DISCUSSION ON CONTROLLING JOB DESCRIPTIONS AND REOPENING PERSONNEL (35 MINUTES) DIRECTOR SEARCH 8. DISCUSSION ON 1989 PRELIMINARY BUDGET (60 MINUTES) 9. REPORTS FROM COUNCILMEMBERS RE THEIR BOARD ATTENDANCE/PARTICIPATION (15 MINUTES) 10. MAYOR 11. COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING.ROOMS ARE HANDICAPPED ACCESSIBLE