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12/07/1993 City CouncilEDMONDS C-ITY COUNCIL APPROVED MINUTES December 7, 1993 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL ON DECEMBER 14, 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. The meeting was preceded by a flag salute. PRESENT STAFF Laura Hall, Mayor Paul Mar, Comm. Srv. Dir Dave Earling, Council President Art Housler, Admin. Srv. Dir. Steve Dwyer, Councilmember Dan Prinz, Police Chief Michael Hall, Councilmember Brent Hunter, Personnel Mgr. William Kasper, Councilmember Arvilla Ohlde, Parks & Rec. John Nordquist, Councilmember Rhonda March, City Clerk Jeff Palmer, Councilmember Scott Snyder, City Attorney Tom Petruzzi, Councilmember Barb Mehlert, Recorder Chris Hewett, Student Representative APPROVAL OF AGENDA COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER PALMER, TO APPROVE THE AGENDA.. MOTION CARRIED. CONSENT AGENDA Item (B) was removed from the Agenda. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER.HALL, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIM WARRANTS FOR THE WEEKS OF NOVEMBER 22, 1993, AND NOVEMBER 29, 1993 AND PAYROLL WARRANTS FOR PERIOD OF NOVEMBER 16 THROUGH NOVEMBER 30, 1993. (D) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING A ' DECISION TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION TO DENY A STREET VACATION OF A PORTION OF THE 74TH PLACE WEST RIGHT-OF-WAY, LYING BETWEEN NORTH MEADOWDALE ROAD AND 158TH STREET S.W. (Applicant: Howard Glazer, et al/File No..ST-93-84) (from November 16, 1993) (E) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH MUNICIPAL COURT JUDGE STEPHEN CONROY FOR 1994 (F) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM AND EXTENSION TO CONTRACT FOR LEGAL REPRESENTATION OF INDIGENT CLIENTS (PUBLIC DEFENDER SERVICES) WITH JAMES FELDMAN FOR 1994' G) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACTS FOR MUNICIPAL COURT JUDGE PRO TEM SERVICES WITH KRISTEN ANDERSON AND �• ��' KATHLEEN C. FIELD FOR 1994 - "V AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR HEARING EXAMINER PRO TEM SERVICES WITH JOHN GALT AUTHORIZATION FOR MAYOR TO SIGN COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT H&C-1993 #7 FOR "RAMPS" FOR HANDICAPPED/VISUALLY IMPAIRED" APPROVAL OF MINUTES OF NOVEMBER 23, 1993 AND NOVEMBER 30, 1993 (Item (B) on the Consent Agenda p� COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE THE MINUTES OF NOVEMBER 23 and NOVEMBER 30, WITH THE CORRECTION TO THE NOVEMBER 30 MINUTES, AS NOTED IN A MEMORANDUM TO THE MAYOR AND COUNCIL. MOTION CARRIED. AUDIENCE �5 91 Doug Dewar, 21631 McCaw, notified the Mayor and Council that the Taste of Edmonds for 1994 will be held the second week in August, as opposed to the third week in August. Mr. Dewar said the change in date will help bring in even better entertainment, as it is closer to the date of the Bite of Portland.. Mayor Hall agreed and complimented Mr. Dewar and the Chamber on the success of the 1993 Taste of Edmonds. Rich Demeroutis, 921 Pine Street, wanted to know why the City of Edmonds and the Port is "bankrolling" the Edmonds Visitors Bureau, when in his opinion, they have a carry over of cash they haven't utilized. Mr. Demeroutis said the money should be instead, directed to the youth in the community. Mr. Demarutis said he is not sure on the benefits the Edmonds Visitors Bureau has given the City. Mr. Demeroutis asked why the contribution from the Chamber of Commerce did not appear anywhere. Councilmember Petruzzi, Council representative to the Edmonds Visitors Bureau, said he is not happy with the way Mr. Demarutis is going about this, and asked if he has met with the Accountant for the Edmonds Visitors Bureau, and Mr. Demarutis replied negatively. Mayor Hall said Mr. Dewar's concerns will be looked into in the near future, as during the Audience portion, no action is taken. As Councilmember Petruzzi wished to discuss the item presently, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO ADD ITEM 3A TO THE AGENDA "REPORT FROM EDMONDS VISITORS BUREAU ACCOUNTANT. MOTION CARRIED. As no other member of the audience wished to come forward, Mayor Hall closed the audience portion of the agenda. REPORT FROM EDMONDS VISITORS BUREAU ACCOUNTANT Doug Dewar, 21631 McCaw, Accountant for the Edmonds Visitors Bureau, said the Edmonds Visitors Bureau does not have total control of the timing of expenditures, as there are many items that are contracted for, in which the bill does not come until later. Mr. Dewar said Mr. Demarutis reviewed a Cash Basis Statement, which shows cash received and cash spent. Mr. Dewar said all monies are accounted for, and if there is a carry over, it is carried over into the next year. In general, Mr. Dewar said the only reason for a cash *See Minutes of January 4, 1994, Page 4, Paragraph 12 APPROVED MINUTES Page 2 December 7, 1993 carry over would be if a program was not completed and had to be continued into the next year. With regards -to the.contribution by the Chamber of Commerce to the Edmonds Visitors Bureau, Mr. Dewar said it is not shown on the books, as the Edmonds Visitors Bureau 'i's part of of the Chamber of Commerce, and in essence, the Chamber does not contribute to itself. Councilmember Petruzzi asked if the Chamber of Commerce -has allocated $24,000 to the Edmonds Visitors Bureau for 1993, and Mr. Dewar replied affirmatively. Councilmember Petruzzi asked what the process is if there is a cash carry over at the end of the year. Mr. Dewar said it is carried forward as unused funds and added to the next year's budget, although if there is a carry over, it is for a specific purpose, which means the money hasn't yet been spent. Councilmember Petruzzi asked Mr. Dewar if Mr. Demarutis spoke with him regarding his concerns, and Mr. Dewar replied negatively. RECOGNITION OF RETIRING BOARD AND COMMISSION MEMBERS Mayor Hall recognized past.and retiring 1992 and 1993 Commission and Board Members for their dedicated, volunteer services to the City of Edmonds. Mayor Hall presented plaques to the following retiring Board and Commission members: Board of Appeals Lloyd Black., Robert Drury, Ken Hovde, Thomas McNerney, Paul Sorensen, Bert Stole, and Larry Trent. Arts Commission Winnifred Bainbridge, Crisse Bennett, Shirley Frank (daughter Christine accepted on behalf of her deceased mother, Shirley), and Josephine Fye. Architectural Design Board Peter Beck, Barry Birch, Ruth Burrus, and Bruce Hummel. Cemetery Board Jimmie Riecken. Civil Service Commission Boyce Clark, and Don Wells. Planning Board William Allen Jr., Jerry Capretta, and William Lancaster. Sister City Commission Tom Britanyak, and Ai rlee Schroeder. Mayor Hall thanked each of the members for their dedication and their valuable time given to the various Boards and Commissions. EXECUTIVE SESSION The Mayor and City Council recessed to an Executive Session to discuss labor negotiations at 7:30 p.m, and reconvened in Council Chambers at 7:55 p.m. UPDATE BY CONSULTANT BRUCE AGNEW AND COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT Mr. Agnew, Consultant, referenced a memorandum sent to the Mayor and Councilmembers regarding the National Highway System Authorization. Mr. *See Minutes of January 4, 1994, Page 4, Paragraph 12 APPROVED MINUTES Page-3 December 7, 1993 * M Agnew said WSDOT is soliciting proposals from local governments around the state for National Highway System authorization projects. WSDOT would act as a collection and forwarding agency to the House Public Works Committee. WSDOT also suggests that all proposals be submitted through the Metropolitan Planning Organizations In the case of Edmonds, this is the Puget Sound Regional Council. Mr. Agnew said this general solicitation will add several new competitors for the NHS authorization proposal, but stated Edmonds' proposal should fare well based on several factors, including the effective work of Rep. Cantwell in briefing Public Works Committee Chairman Mineta earlier this year on the details of the project, and the joint application from WSDOT, Community Transit, and City of Edmonds. Mr. Agnew said it is also important that Edmonds' project has already been voted top multi -modal project in the state by the Multi -Modal Committee. Mr. Agnew said he has been working with Paul Mar and Mayor Hall in completing the NHS application and stated a meeting will be held with Lisa Piccione, from Rep. Cantwell's office for a final review of the application on December 13. A draft has been sent to CT and WSDOT for their review. Paul Mar, Community Services Director, reviewed a memorandum outlining the updated status of the Multimodal Transportation Center Activity. Mayor Hall complimented Mr. Mar and Mr. Agnew on their work to date. VCONTINUED REVIEW OF PROPOSED RESOLUTION OUTLINING CONCERNS TO WSDOT ON STATEWIDE PASSENGER RAIL SPEED AND SAFETY continued from November 16, 1993) Paul Mar, Community Services Director, said Council passed a motion at the November 16th meeting to continue the discussion in order for staff to provide answers to Council posed at the November 16th meeting. Mr. Mar reviewed those answers with Council, which were obtained from City staff as well as staff from Burlington Northern and WSDOT's Rail Branch. Councilmember Palmer said he would like Staff to get a list of at -grade crossings in Washington State. Councilmember Petruzzi and Councilmember Hall said they do not believe it is necessary to increase speed limits of freight trains 24 hours a day. Councilmember Petruzzi and Councilmember Hall said this does not make sense, as they are also suggesting adding five or more freight trains per day. Councilmember Nordquist said in essence, Burlington Northern can increase the number of freight trains without the City's knowledge or approval. Councilmember Hall asked about Hazardous Materials that freight trains would carry through the City, especially if the freight trains were travelling at a greater speed. Councilmember Hall expressed concern that the City would not be notified, which is important, in case there was an accident. Police Chief Dan Prinz agreed and said as a rule, the greater the speed, the more damage and greater potential for more injury. Council President Earling said although Burlington Northern does not need to get the Dept. of Transportation's approval for their proposed project, he feels they are making a good faith effort in getting local governments and APPROVED MINUTES Page 4 December 7, 1993 cities involved so they are part of the process and can express their opinions. Councilmember Kasper agreed and said their Mission Statement has changed. Councilmember Kasper said he does not agree with BN's statement the trains need to increase speed through Edmonds, while they are not asking for increases in speed through the Lake Washington Canal. Councilmember Kasper said Burlington Northern could easily increase the speed through the canal, instead of through Edmonds. Mayor Hall suggested staff procure a time table from Burlington Northern. Mr. Mar replied affirmatively. Councilmember Dwyer said it is important that the City respond in a timely manner to Burlington Northern before the matter goes before the UTC, who ultimately will make the decision, so the process does not continue without the opinions of Edmonds. Councilmembers proceeded to outline their concerns and commended on the BN's proposed project. It was the consensus of the Council to have Paul Mar to draft a letter, consistent with the Council's previous motion to oppose increases in train speed through Edmonds and outline the Council's concerns as discussed this evening. Mr. Mar said he would fax the information to Councilmembers in the next couple of days. At 9:25 p.m, Councilmember Nordquist and Student Representative Chris Hewett left the meeting. At 9:26 p.m, the Mayor and Council recessed for a four minute break and reconvened in Council Chambers at 9:30 p.m. COUNCIL DELIBERATION ON 1994 BUDGET AND PASSAGE OF PROPOSED ORDINANCE LEVYING 1994 REGULAR PROPERTY AND EMERGENCY MEDICAL SERVICES TAXES Q Councilmember Dwyer said there was some questions that came up from various Councilmembers about the mechanism of the qualitative changes SnoCom has made aq by providing two frequencies as opposed to only one. Councilmember Dwyer said Q�`Jo he asked Lynnwood Police Chief Kalsbeek to come before the City Council to oY answer these questions. As Edmonds Police Chief Dan Prinz and Lynnwood Police Chief Larry Kalsbeek were present in Council Chambers, they addressed the Mayor and City Council on the subject. Chief Prinz and Chief Kalsbeek said an additional frequency has been needed for years, as it is has been documented that police officers are only able to reach a dispatcher 31% of the time during peak hours on their first attempt. Chief Prinz and Chief Kalsbeek said it is vital that another frequency be.added so that if a police officer needs assistance, he is able to reach a dispatcher on the first try. It was also noted that the bowl area of Edmonds would benefit from an added frequency as in many areas of the bowl, motorcycle police officers have to rely upon getting a message to dispatch through other Officers in the area. Chief Kalsbeek gave examples in which a•police officer was at risk because he was unable to get through to Dispatch because there was only one frequency and could not get right through to Dispatch. Councilmembers agreed that the second frequency is vital to police services. Mayor Hall said it is her hope that there be more training for Dispatchers. APPROVED MINUTES Page 5 December 7, 1993 Chief Kalsbeek said Edmonds Community College will be offering programs so students may receive formal training for dispatcher. Chief Kalsbeek noted the program already has 200 students signed up. Mayor Hall offered to be a guest speaker at the program. Art Housler, Administrative Services Director, noted the Preliminary Budget includes revenues from property taxes totaling $4,747.580. The amount consists of 103% for $3,901.580 and 40¢ EMS for $846,000. As the increase in valuation added more revenue that anticipated, Mr. Housler outlined the effect by showing tabulation figures. Mr. Housler said the circumstance provides several decision making scenarios, which were included in Council Agenda packets. Mr. Housler outlined each of the three scenarios. Councilmembers discussed the three scenarios. Mr. Housler said the first scenario would levy 101%, the second would levy 101.6%, and the third scenario would levy 103%. As a procedural matter, COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXTEND THE MEETING TO 10:20. MOTION CARRIED. Councilmember Kasper said he favors a 1/4% Real Estate Excise Tax. Councilmember Petruzzi disagreed and said this would only apply to people selling real estate, and feels it should be spread out more evenly. Councilmember Kasper disagreed. Councilmember Dwyer said he was in the majority several years ago not to raise the levy rate, which was the case for two consecutive years. Councilmember Dwyer said at this time, he favors the 6%, as he still does not believe the City is in the financial shape the City was back when the City was not raising it. Councilmember Dwyer said although the economy generally looks to be improving, there is still a lot of uncertainties. Councilmember Petruzzi said he believes the general impression of the public regarding the 6% is that the City is actually increasing the taxes on a person's house by 6%, which is untrue. Councilmember Petruzzi said in reality, the City is increasing its' share of the taxes of 6%. Councilmember Petruzzi said by using the 6% figure, it is only $13.15 for a $100,000 home. Councilmember Petruzzi said in Edmonds, a $250,000 home would only incur an increase of $32.88 per year. Councilmember Petruzzi said he believes the 6% is more fair than to impose a Real Estate Excise Tax which would only affect those who buy or sell Real Estate. Council President Earling said Council should review the options described by Mr. Housler and be prepared to discuss them further at the Work Session Saturday, December llth. At the request of Council President Earling, each Councilmember voiced the items they would like to see discussed at the Saturday Work Session so that staff could be prepared. Councilmembers proceeded to do so. MAYOR Mayor Hall announced the new Court Administrator has begun her duties, however, had to take an emergency leave due to a death in the family. Mayor Hall said the Tree Lighting was a huge success. APPROVED MINUTES Page 6 December 7, 1993 Mayor Hall referenced reappointments of a Library Board Member. Mayor Hall said at an upcoming meeting, she will be asking for confirmation from Council for various appointments and confirmation to various Boards and Commissions. COUNCIL Council President Earling referenced a memorandum from Rhonda March, City Clerk, in which a change to the November 9th City Council Minutes needs to be made, in which a transposition of numbers was made. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER HALL, TO RECONSIDER AND AMEND THE MINUTES OF NOVEMBER 9th MINUTES, PAGE FIVE, FIRST PARAGRAPH, THE REQUESTED AMOUNT OF COMPENSATION FOR THE NON -REPRESENTATIVE EMPLOYEES IS $456.00 IN LIEU OF $546.00. MOTION CARRIED. As there was no other business before the Mayor or City Council, Mayor Hall adjourned the meeting at 10:25 p.m. ONDA J. ARCH, CITY CLERK *See Minutes of January 4, 1994, Page 4, Paragraph 12 APPROVED MINUTES Page 7 December 7, 1993 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. DECEMBER 7, 1993 CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. (5 MIN) CONSENT AGENDA A. ROLL CALL B. APPROVAL OF MINUTES OF NOVEMBER 23, 1993 AND NOVEMBER 30, 1993 C. APPROVAL OF CLAIM WARRANTS FOR THE WEEKS OF NOVEMBER 22, 1993 AND NOVEMBER 29, 1993 AND PAYROLL WARRANTS FOR PERIOD OF NOVEMBER 16 THROUGH NOVEMBER 30, 1993 D. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING A DECISION TO UPHOLD THE HEARING EXAMINER'S RECOMMENDATION TO DENY A STREET VACATION OF A PORTION OF THE 74TH PLACE WEST _RIGHT-OF-WAY, LYING BETWEEN NORTH MEADOWDALE ROAD AND 158TH STREET S.W. (Applicant: Howard Glazer, et al/File No. ST-93-84) (from November 16, 1993) E. AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH MUNICIPAL COURT JUDGE STEPHEN CONROY FOR 1994 F. AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM AND EXTENSION TO CONTRACT FOR LEGAL REPRESENTATION OF INDIGENT CLIENTS (PUBLIC DEFENDER SERVICES) WITH JAMES FELDMAN FOR 1994 G. AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACTS FOR MUNICIPAL COURT JUDGE PRO TEM SERVICES WITH KRISTEN ANDERSON AND KATHLEEN C. FIELD FOR 1994 H. AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR HEARING EXAMINER PRO TEM SERVICES WITH JOHN GALT I. AUTHORIZATION FOR MAYOR TO SIGN COMMUNITY DEVELOPMENT BLOCK GRANT CONTRACT H&CD-1993 #7 FOR 'RAMPS FOR HANDICAPPEDNISUALLY IMPAIRED" 3. AUDIENCE 4. (6o MIN) RECOGNITION OF RETIRING BOARD AND COMMISSION MEMBERS 5. (15 MIN) EXECUTIVE SESSION ON LABOR NEGOTIATIONS 6. (10 MIN) UPDATE BY CONSULTANT BRUCE AGNEW AND COMMUNITY SERVICES DIRECTOR PAUL MAR REGARDING TRANSPORTATION ISSUES AND FUNDING FOR THE MULTIMODAL PROJECT 7. (3o MIN) CONTINUED REVIEW OF PROPOSED RESOLUTION OUTLINING CONCERNS TO WSDOT ON STATEWIDE PASSENGER RAIL SPEED AND SAFETY (continued from November 16, 1993) 8. (6o MIN) COUNCIL DELIBERATION ON 1994 BUDGET AND PASSAGE OF PROPOSED ORDINANCE LEVYING 1994 REGULAR PROPERTY AND EMERGENCY MEDICAL SERVICES TAXES 9. (5 MIN) MAYOR 10. (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.