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11/23/1993 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES November 23, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL ON DECEMBER 7, 1993 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by (Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. All present joined in the flag salute. PRESENT Laura Hall, Mayor Dave Earling, Council President William J. Kasper, Councilmember Michael Hall, Councilmember John Nordquist, Councilmember Jeff Palmer, Councilmember Tom Petruzzi, Councilmember Steve Dwyer, Councilmember Chris Hewett, Student Representative STAFF Art Housler, Adm. Service Director Chuck Day, Accounting Manager Jeff Wilson, Planning Supervisor Brent Hunter, Personnel Manager Bob Alberts, City Engineer Patrick Hepler, Fire Lieutenant Robin Hickok, Assis. Police Chief Buzz Buzalsky, Fire Chief John Poppe, Waste Water Treatment Plant Supervisor Arvilla Ohlde, Parks & Rec. Mgr. Scott Snyder, City Attorney Rhonda March, City Clerk MaryAnn Paige, Recorder Councilmembers Michael Hall and Jeff Palmer arriving at 7:05 pm and Councilmember Steve Dwyer arriving at 7:10 pm. The Executive Session on labor negotiations scheduled for 6:30 was cancelled for lack of a quorum. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO AMEND THE AGENDA AND TO HOLD THE EXECUTIVE SESSION ON LABOR NEGOTIATIONS AFTER ITEM 16 ON THE AGENDA. MOTION CARRIED. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED. CONSENT AGENDA Item B, was removed from the Consent Agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI,TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF NOVEMBER 15, 1993 AND PAYROLL WARRANTS FOR PERIOD OF NOVEMBER 1 THROUGH NOVEMBER 15, 1993. (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MATTHEW D. SHIPPEN ($3,698.28) P� d APPROVED MINUTES Page 1 November 23, 1993 (E) ACCEPTANCE OF STATUTORY WARRANTY DEED FOR 10-FOOT STREET DEDICATION " FROM LEE AND PETTY STYCKET AT 23006 76TH AVENUE WEST. ACCEPTANCE OF STATUTORY WARRANTY DEED FOR 10-FOOT STREET DEDICATION <,o,D FROM GEORGE W. GEISSENHAINER AT 8516 184TH STREET SOUTHWEST. APPROVAL OF MINUTES OF NOVEMBER 16, 1993 Council President Earling requested a correction to the minutes of November 16, 1993. COUNCIL PRESENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE ITEM (B) of the Consent Agenda, THE MINUTES OF NOVEMBER 9, NOVEMBER 10, AND NOVEMBER 16, 1993 WITH THE NOTED CORRECTION TO THE NOVEMBER 16 MINUTES. MOTION CARRIED. Mayor Hall requested a correction to the minutes of November 1, 1993. The ,A third paragraph on page 10 should read" "Mayor Hall stated we did receive ,�✓ also, a letter from Dick Nel ti ng, and I won't read it all but it says that '`ri.I,I',�/ this letter is to advise you of the situation at the South County Senior ,F Center.., and the new carpeting and now they are not allowed to bring coffee and have goodies in where they play bridge in the one area and it really upsets them...". COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO MAKE THE CORRECTION AS NOTED. RECOGNITION OF PATRICK HEPLER ON PROMOTION TO FIRE LIEUTENANT �,�'� Fire Chief Buzz Buzalsky gave a brief review of Lieutenant Hepler's background. Mayor Hall presented Lieutenant Hepler with his lieutenant badge, and introduced his family. Lieutenant Hepler thanked the City for this opportunity to serve as a fire lieutenant. I RECOGNITION OF ANDREW C. MCNIECE ON PROMOTION TO SENIOR SECURITY OFFICER ,a"'I O'Assistant Police Chief, Robin Hickok gave a brief review of Senior Security ,r^ Officer McNiece's background and the security work at Stevens Hospital. o Mayor Hall presented Senior Security Officer McNiece with a Certificate of Q Promotion. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY Judge Conroy reviewed the packet given to Councilmembers, in particularly 0-e1j) reviewing statistical information from 1986 through October 1993, the courtroom -judicial activity and the administrative -clerical activity of the C� Municipal Court. He also reviewed his activity on behalf of the City in contacting our State legislators regarding opposition to SB 5117 which would eliminate municipal courts. Councilmember Petruzzi asked the Judge if he knew why collections were up in 1993, and the Judge replied that he really doesn't know. Councilmember Petruzzi asked if the new Court Administrator would be able to research this and find out, as it would be good information to know. Councilmember Palmer requested Judge Conroy to comment on any facility needs, although he realized that there are no funds budgeted for this. Judge Conroy replied that although court could be held anywhere, even in a garage, he feels that our present space is a detraction to our image. A formal court room brings a certain degree of respect, as people perceive what a court room should be APPROVED MINUTES Page 2 November 23, 1993 like, and our facility just doesn't project the image that this is a court room where justice is served. He stated that he is not requesting a new court room, but this is his observation. He stated that the clerical area is ok, but it could use some improvement. City Clerk Rhonda March requested Judge Conroy to address the Judge Protems' contract. Judge Conroy replied that he would like to continue this contract and recommends the continuation of the protem contract. Rhonda March stated that we would present this contract on a future consent agenda for approval. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE JUDGE STEPHEN CONROY'S CONTRACT. MOTION CARRIED. ANNUAL REPORT FROM PUBLIC DEFENDER JAMES FELDMAN Public Defender James Feldman gave his annual report. He noted that the amount of cases referred to him this year are down by some 25-30 cases. In response to Councilmember Petruzzi's questions he stated that his firm has Q}� held the public defender contract for five years, and he has been the public defender for three years. COUNCIL PRESENT EARLING MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO RENEW THE PUBLIC DEFENDER CONTRACT FOR JAMES FELDMAN FOR ONE YEAR, AT THE NEW RATE. MOTION CARRIED. ANNUAL REPORT FROM PROSECUTOR DAVID STEINER Prosecutor David Steiner presented his annual report and his request for an increase in his monthly rate. This is his fourth year as prosecutor for the 3 City. He stated that his request for an increase in fees is not a request for a raise, but a request to maintain the status quo of his contract Q, vis-a-vis the work load that he is required to handle. He feels there is a 17 percent increase in the number of hours to perform his duties, and that his request is reasonable. He is also requesting a 6 percent cost of living increase for 1993 and 1994, 3 percent for each year. Councilmember Palmer stated that he understands the 17 percent increase request, but questions the 3 percent cost of living cost for 1993. David Steiner stated that he will withdraw that request. Councilmember Petruzzi clarified that Mr. Steiner is withdrawing his 3 percent 1993 request so that he is asking for a total of 20 percent increase - 17% for the number of hours worked and 3 percent for 1994 cost of living. Councilmember Dwyer asked what is in the 1994 budget for this expense, and there followed a discussion on the actual amounts in the budget and if this should be carried over to the final budget meeting. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, THAT WE CARRY THIS ITEM, TO RENEW THE CONTRACT AND APPROVE THE RATE INCREASE FOR THE PROSECUTING ATTORNEY, TO THE TIME THAT WE DO THE COST OF LIVING INCREASES AT THE BUDGET PROCESS. Discussion. Councilmember Hall stated that he was somewhat perplexed, as he feels Mr. Steiner is only asking for the amount of time that he puts in and feels that his work is well worth the price, and wonders what kind of information will we be asking for later that we can't ask for today. Councilmember Kasper APPROVED MINUTES Page 3 November 23, 1993 stated 'he feels the rationale is because of the cost of living increase request. Councilmember Nordquist had a question on the 1994 budget, and it was determined that we will be short $4,000 in 1994 if we approve this request. MOTION CARRIED WITH COUNCILMEMBER HALL VOTING NAY. � ANNUAL REPORT FROM HEARING EXAMINER JAMES DRISCOLL �,�J��:`% Hearing Examiner Driscoll stated that he has been the Hearing Examiner since a. 1981 and he reviewed the type of cases heard in 1993. He would like to establish a mediation process rather than administrative appeals, as he feels this would be a better way to handle neighborhood problems. He will bring this proposal before Council early next year. cU�[ There was some discussion on the appeals brought to Council during 1993. It was Council consensus that the negotiation, or mediation approach is a' good idea. ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER City Attorney Snyder gave his report and stated that 1993 was a quiet year for litigation, that he mostly performed support services. In 1994 he feels 451�1y2 major items will be the Oxford House case, GMA, and Adult Entertainment. He would like more direction from Council on requests for legal opinions, 04 information or investigations. He would like themto look at the current "One Hour Rule" and requests for more extensive work so that there are no surprises. He is requesting an increase of 3 percent in retainer fees and 5 percent in general rates. He feels his rates are competitive and he and his firm offer good services. He suggested that one way the City could save money is the way they handle LID's, and could save some money by not having him review these. Mayor Hail had a question on .codification. Scott Snyder stated that they charge $1,000 per quarter for codification, and that this is all on disk and available to the City at any time. Councilmember Dwyer stated that he has no problem with the attorney's fees and would not want to be put in a position to make a motion in order to ask counsel a question. Councilmember Palmer stated that he felt .the one hour rule was fine and stated for the record that this Council has never challenged a billing from Scott Snyder. Councilmember Palmer stated that he would like to see Council follow up on the LID structuring. He also mentioned that he is convinced that all of the major contracts should go out to bid on a regular basis, and feels, by Scott's comments at several meetings, that he is not taken aback by the approach and is willing to give a competitive bid. Councilmember Palmer further stated that he would like to see Council make a commitment next year to go through the bid process on all major contracts. Councilmember Petruzzi stated that he feels a long term relationship with an attorney is necessary for several reasons one of them being historical information. Councilmember Hall stated that he agrees with Tom, but feels that as they, as councilmembers, are elected every four years and need to be accountable to the public, it is prudent to review contracts as well. Councilmember Petruzzi asked if there is any legal requirement to bid on professional service contracts? Scott Snyder stated that his recommendation for professional services contracts is to take a look at them every four years, but there is no legal requirement. Councilmember Petruzzi APPROVED MINUTES Page 4 November 23, 1993 questioned why we are taking a different view at the City Attorney's contract from the Municipal Court Judge's contract, and feels that we need to be consistent. Mayor Hall requested Scott Snyder to review the State statute concerning the Mayor's prerogative to renew contracts. Scott replied that what the Mayor was referring to is the Mayor's right in dealing with City Employees, but there is no statute that compels the City to go out for bids for professional services. Councilmember Petruzzi stated that the discussion tonight is if there is a State statute to go out for bids and that we are not doing that, and he takes exception to that type of discussion because we are not breaking any rules. He is not saying that we might want to go out for bids, but takes exception to people saying we are not doing what we are suppose to do. It is not an obligation. In comparing Judge Conroy's contract to the City Attorney's contract, he feels they both follow along the same lines. Scott Snyder stated that the Judge has a four year contract and can be removed only for cause, but as the City Attorney he needs to please Mayor and Council. Councilmember Petruzzi stated that his point is that when the Judge's contract came up we were not obligated to look at another judge or put the contract out to bid and when the City Attorney's contract came up we are under no obligation to look for a new City Attorney. Councilmember Palmer stated that his thought in bringing up the desire to go 1✓ out to bid is that we need, as a City, to have a process to go out to bid on l a regular basis for everything - and that is the question Council needs to consider. Council President Earling stated that he understands Councilmember Palmer requests are: that during 1994 he would like Council to consider looking at the City Attorney's Contract for 1995; that he would like to explore the method of payment; and to set a policy to renew contracts. Councilmember Kasper said that he feels we need a process and for the'City Attorney to set forth, to us, the rules and mechanisms for contracts. City Clerk March stated that we have a current contract listing and will bring it before the Finance Committee in 1994. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO CONTINUE THE CONTRACT WITH OGDEN, MURPHY AND WALLACE FOR 1994 LEGAL COUNCIL. MOTION CARRIED. STAFF REPORT ON OLD WOODWAY ELEMENTARY SCHOOL eoo.vo', .ecreation and Park Manager Arvilla Ohlde presented the staff report on the sale of the Old Woodway Elementary School. The Parks and Recreation ".Department are working with citizens and the County to retain the land as open space for recreation opportunity. Pat Nicholoff, 23530 Robinhood Drive, gave a review of events after she became aware last August of the school site coming up for sale. She had prepared a petition which was signed'by over 90 percent of people in the area to retain this area as an open space. Bill Brubaker, Snohomish County Councilman, 3000 Rockefeller, Everett, stated that he feels it is a good idea. He has been in contact with the School District to see if the County could purchase this property, or a portion of the property, but it has not been very encouraging. He is here tonight to get Council support and ask if they will work in a cooperative effort to approach the School District to delay the sale of this property until we can get a funding strategy in place. APPROVED MINUTES Page 5 November 23, 1993 There was discussion between the Mayor, Councilmembers, Mr. Brubaker, and Planning Manager Jeff Wilson on possible funding sources, if the area could be annexed to the City, if there is anyway this could be tied into GMA regulations, the current Comp Plan, the price of the land, the zoning of the U`" land, the approved five year Parks Plan, and the partnership between the City Y/ and the County. There was consensus of Council to request staff to pursue annexation of the area. Mr. Brubaker requested the City give him a letter, ��� and he will set up a meeting with Brian Benzel, the Superintendent of Edmonds School District requesting that they delay the sale of this property. BUDGET WORK SESSION ON THE 1994 BUDGET PARKS AND RECREATION DIVISION 6D Park and Recreation Manager, Arvilla Ohlde gave a brief review of the Parks and Recreation budget. She stated that there are no increases requested this year. Councilmember Nordquist asked if there were any funds to put on a full time beach ranger next year, and the answer was no. Councilmember Petruzzi had a question on the 13% increase in benefits. This is due to increase in medical benefits and change in personnel. ENGINEERING DIVISION City Engineer Bob Alberts, presented the Engineering Division budget. He reviewed 1993 accomplishments in the Engineering Division, for the Treatment Plant, professional activities of the Engineering Division and his professional accomplishments. He also reviewed some of the downsides for 1993 and the goals for 1994. There were no questions from Council. np- REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED OCTOBER 31, 1993 Administrative Services Director Art Housler gave the general fund financial 108 position for the period ended October 31, 1993. Revenues continue to P{'l* increase and are over target by $471,386, or 5% for year to date. These were increased in October because of property tax and sales tax. On the expenditure side we are $371,137 underspent. We still expect $357,000 cash at year end. He hopes to give an early report on the month of November. Councilmember Petruzzi questioned if $161,000 of the $171,000 increase for November came from property taxes and wondered if this .would flatten in November and December. Art Housler stated this was correct, but we will still be at budget. AUTHORIZATION TO FILL VACANT POLICE OFFICER POSITION. Personnel fill the Manager Brent vacant police Hunter gave the staff 'officer position in report for the authorization to the patrol division. It will be an entry level position and there are funds to fill this position in December. Councilmember Palmer stated that he doesn't recall this upcoming position coming before the Finance Committee in October, when the prior officer resigned. Brent replied that it was a legal matter and the vacancy did not come to the Mayor until last week. There was a question if the Police Chief APPROVED MINUTES Page 6 November 23, 1993 concurred with this action as his signature was not on the Agenda Memo, and it was confirmed that he concurred. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PALMER, TO AUTHORIZE STAFF TO FILL THE VACANT POLICE OFFICER POSITION BY HIRING AN ENTRY-LEVEL PATROL OFFICER, AT A CORRESPONDING SALARY, TO ADDRESS THE IMMEDIATE MANPOWER NEED. THE SENIOR OFFICER POSITION CAN THEN BE FILLED THROUGH THE CIVIL SERVICE COMPETITIVE EXAMINATION PROCESS. MOTION CARRIED. INDIVIDUAL COUNCIL REPORTS/UPDATES ON RESPECTIVE BOARD MEETINGS. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, THAT WE REMOVE ITEM 14 FROM OUR AGENDA THIS EVENING. MOTION CARRIED WITH COUNCILMEMBER NORDQUIST VOTING NAY. MAYOR Mayor Hall reported on the groundbreaking for the Public Works facility, on the retirement party for Lynnwood Mayor Hrdlicka, and the publicity and acknowledgements received by Mr. Ed Scott on his 102nd birthday. COUNCIL Council President Earling asked what would be a good date for a special budget meeting - December 4 or December 11. Councilmember Kasper will be gone 1�G both dates. It was decided to hold this special meeting, if necessary, on "^ U December 11 at 8:30 a.m. in the Community Services conference room. Council President Earling requested that councilmembers have their budget strategies formulated on specific items for the November 30 budget meeting. Councilmember Dwyer mentioned a meeting with other participants on the Sewer Plant on December 13, and would like an understanding, or permission, from the rest of Council for Tom and him to meet with Mr. Wallace for a couple of hours before that meeting. Councilmember Dwyer also said that during the campaign it had been brought to his attention that the City was doing things for one area but not for others and he thought that was nonsense until the snow yesterday. He didn't think it was fair that his house was inundated with snow and there was very little to no snow west of 9th Avenue. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO CONTINUE THE MEETING. MOTION CARRIED. Councilmember Nordqutst stated that on reflecting on what Steve's reference on the Metro swap, he thinks it would be interesting to review the past process on this and take some 15 or 20 minutes in January for Council review. He also wished everyone Happy Thanksgiving. Councilmember Palmer has a question to Scott regarding the November 30 agenda where we have a proposed ordinance levying 1994 property EMS taxes - what is our statutory time table on those. Scott replied that the statutory time table is rather meaningless because the County does not get the figures out to the Cities. It should have an October passage but we usually don't get the assessment figures from the County until November. Rhonda March stated APPROVED MINUTES Page 7 November 23, 1993 that we have moved this item to the December 7 meeting, and Scott replied that we will be timely. Councilmember Palmer stated that the Regional Transit Authority meeting should be added to the list of paid meetings. Councilmember Kasper stated that he had received a number of complaints on street sanding, but felt the City did a good job. J Councilmember Hall reminded Council on certification of Cable TV. jJ EXECUTIVE SESSION ON LABOR NEGOTIATIONS Mayor Hall recessed the meeting to an executive session on labor negotiations at 10:12 p.m.. ADJOURN With no other business before the Mayor or Council, Mayor Hall adjourned the meeting at 10:30 p.m. A ,e ' APPROVED MINUTES Page 8 November 23, 1993 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. SPECIAL MEETING NOVEMBER 23, 1993 WORK MEETING - NO AUDIENCE PARTICIPATION 6:30 P.M. EXECUTIVE SESSION ON LABOR NEGOTIATIONS CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. (10 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 9, 1993, NOVEMBER 10, 1993, AND NOVEMBER 16, 1993 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF NOVEMBER 15, 1993, AND PAYROLL WARRANTS FOR PERIOD OF NOVEMBER 1 THROUGH NOVEMBER 15, 1993 (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MATTHEW D. SHIPPEN ($3,698.28) (E) ACCEPTANCE OF STATUTORY WARRANTY DEED FOR 10-FOOT STREET DEDICATION FROM LEE AND PENNY STYCKET AT 23006 76TH AVENUE WEST (F) ACCEPTANCE OF STATUTORY WARRANTY DEED FOR 10-FOOT STREET DEDICATION FROM GEORGE W. GEISSENHAINER AT 8516 184TH STREET SOUTHWEST 3. (5 Min.) RECOGNITION OF PATRICK HEPLER ON PROMOTION TO FIRE LIEUTENANT 4. (5 Min.) RECOGNITION OF ANDREW C. MCNIECE ON PROMOTION TO SENIOR SECURITY OFFICER 5. (2o Min.) ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY 6. (10 Min.) ANNUAL REPORT FROM PUBLIC DEFENDER JAMES FELDMAN 7. (10 Min.) ANNUAL REPORT FROM PROSECUTOR DAVID STEINER 8. (2o Min.) ANNUAL REPORT FROM HEARING EXAMINER JAMES DRISCOLL 9. (10 Min.) ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER 10. (15 Min.) STAFF REPORT ON OLD WOODWAY ELEMENTARY SCHOOL 11. (4o Min.) BUDGET WORK SESSION ON THE 1994 BUDGET (A) PARKS AND RECREATION DIVISION (20 Min.) (B) ENGINEERING DIVISION (20 Min.) 12. (10Min.) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED OCT. 31, 1993 13. (5 Min.) AUTHORIZATION TO FILL VACANT POLICE OFFICER POSITION 14. (10 Min.) INDIVIDUAL COUNCIL REPORTS/UPDATES ON RESPECTIVE BOARD MEETINGS 15. (5 Min.) MAYOR 16. (15 Min.) COUNCIL PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR PERSONS WITH DISABILITIES. CONTACT THE CITY CLERK AT 771-0245 WITH 24 HOURS ADVANCE NOTICE FOR SPECIAL ACCOMMODATIONS. THE COUNCIL AGENDA APPEARS ON CHAMBERS CABLE, CHANNEL 32