11/29/1994 City CouncilApproved City Counel Muuaes
Approved 12/6194
EDMONDS CITY COUNCIL APPROVED MINUTES
November 29,1994
The meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall in the
Community Services Building Conference Room, 250 Fifth Avenue North, Edmonds. The meeting
was:preceded by the flag salute.
ELECTED OFFICIALS PRESENT
Laura Hall, Mayor
John Nordquist, Council President
Steve Dwyer, Councilmember
Dave Earling, Councilmember
Barbara Fahey, Councilmember
Michael Hall, Councilmember
William J. Kasper, Councilmember
Tom Petruzzi, Councilmember
STAFF PRESENT
Tom Miller, Police Chief
Art Housler, Administrative Services Director
Paul Mar, Community Services Director
Brent Hunter, Personnel Manager
Michael Springer, Fire Chief
Noel Miller, Supt. of Public Works
Arvilla Ohlde, Parks and Recreation Manager
Tom King, Facilities Supervisor
Chuck Day, Accounting Manager
Minh Truong, Accountant
Doug Farmen, Accountant
Rhonda March, City Clerk
Sandy Chase, Deputy City Clerk
1. EXECUTIVE SESSION ON A PERSONNEL MATTER
The Mayor and Council recessed into Executive Session on a personnel matter for 30 minutes.
The Mayor reconvened the meeting at 7:30 p.m.
2. APPROVAL OF AGENDA
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER
EARLING, TO APPROVE THE AGENDA. MOTION CARRIED.
3. CONSENT AGENDA ITEMS
Councilmember Earling requested that item "D" be pulled from the Consent Agenda, and
Councilmember Hall requested that item "E" be pulled.
Approved City Council Minutes
November 29, 1994
Page 1
COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER FAHEY,
TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED.
THE ITEMS THAT WERE APPROVED ARE AS FOLLOWS:
A. ROLL CALL
B. SPECIAL MEETING MINUTES OF NOVEMBER 5,1994
C. MINUTES OF NOVEMBER 15,1994
Regarding item "D", Councilmember Earling reminded the Mayor and Council that at last week's
meeting Councilmember Petruzzi made a motion that a resolution be prepared in support of the
Regional Transit Authority Phase 1 Plan. When Mr. Earling received the copy of the resolution
prepared by the City Attorney, he spoke with the City Attorney with regard to suggested
modifications. A copy of the modified resolution was provided to the Council at this meeting. Mr.
Earling discussed the changes.
lv� eCOUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER FAHEY,
TO APPROVE THE 11/28/94 MODIFIED VERSION OF ITEM "D" AS PRESENTED BY
l�� COUNCILMEMBER EARLING. MOTION CARRIED. ITEM "D" READS AS FOLLOWS:
D. RESOLUTION NO.803 IN SUPPORT OF REGIONAL TRANSIT AUTHORITY PHASE
1 PLAN AND CONTINUED CONCERN FOR RAIL SPEEDS AND SAFETY RULES
PW
00 F With regard to item "E", Mayor Hall read a memo into the record as follows: "After 33 years with no
P formal contract, the Council and Mayor thought it prudent to let a Request for Proposals for City
Attorney. This has been done. However, one of the applicants has questioned the selection process.
Further, the Council's action at last Tuesday's meeting of November 22 was prompted by an
applicant's opinion recited in a letter referenced at that Council meeting. Therefore, I feel an
appearance of fairness issue is present. The selection of a City Attorney is of high significance and has
off,„ long term effects no matter who the Mayor. I am most confident that together we can ensure that this
6A ra "V'' selection process will meet the highest standards." Mayor Hall distributed a copy of the memo to the
Council.
Councilmember Hall stated the reason that he pulled item "E" is that he has some concern about the
advice the Council is receiving from the City Attorney at this point. Mr. Hall commented that he feels
the City Attorney is in a "no win" situation by trying to give legal advice to two competing parties, the
legislative and the administrative bodies, and by being an applicant for the position himself. Mr. Hall is
concerned that the process of selecting a City Attorney be done correctly. The City Attorney's opinion
in this instance has lost credibility with Mr. Hall because of the letter put out by the City Attorney last
week. Mr. Hall said that in his opinion there are attorney/client privileges that are breached in the
letter. In addition, he feels there is definitely a conflict of interest in giving either of the branches legal
advice in this regard if he is an applicant for the job. Mr. Hall pointed out his intention of voting
against the ordinance.
Approved City Council Minutes
November 29, 1994
Page 2
Councilmember Petruzzi disagreed with Councilmember Hall that there is a conflict of interest. The
ordinance is very clear that the City Attorney will give consultation to the corporate entity of the City,
and that corporate entity includes the Mayor as well as the City Council. The dilemma that the City
Attorney has found himself in is that the Mayor has wanted specific information to be given to her and
not to be given to the Council. Mr. Petruzzi stated this is not what the Council is looking for. Nor is
the Council by a 6-1 vote last week looking for any City Attorney to give the City Council legal
counsel and not give counsel to the Mayor. Mr. Petruzzi stated he is looking for any City Attorney
that comes forth to simply comply with all the State regulations and the Edmonds City Ordinance.
COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER
TO APPROVE ITEM "E".
Mayor Hall reiterated that Councilmember Petruzzi is taking one person's opinion and that he has not
spoken with her. She stated it is not true that she has ever asked the City Attorney to rule against the
Council. Mayor Hall opened up the process for the selection of the City Attorney because it has not
been done for 33 years.
Councilmember Petruzzi commented that it is a good process; it is long overdue and should have been
done years ago. With this ordinance, it can be ensured that there will be no debate after the selection.
Whoever is selected will be on contract at the will of the Council. Mr. Petruzzi stated whoever is
selected, they are clearly not to side with either the Council or the Mayor. He called for the question.
MOTION CARRIED. COUNCILMEMBER HALL VOTED NO. ITEM "E" READS AS
FOLLOWS:
�E. ORDINANCE NO. 2996 AMENDING EDMONDS CITY CODE CHAPTER 2.05
tt REMOVING THE CITY ATTORNEY POSITION AS AN APPOINTED OFFICE AND
�P
Poi"� ESTABLISHING LEGAL SERVICES BY CONTRACT
P
Mayor Hall stated that all systems are "go" in the selection process and follow the ordinance implicitly
and that ordinance is still in place.
4. BUDGET WORK SESSION - REVIEW OF OTHER FUNDS
Community Services Director Paul Mar used the overhead projector to begin the discussion on the
1995 Capital Improvement Programs. He stated that overall from 1994 to 1995 there is not that much
of a change, but there are significant changes within the funds themselves and within projects. The
major project in Capital Improvement Programs in 1994 was the construction of the Public Works
facility, and in 1995 that project will be completed.
Councilmember Petruzzi asked for a clarification that the numbers in the proposed 1995 budget are
actually allocated funds, and that it is not a wish list without funds. Mr. Mar responded that is correct,
there is a funding source.
Approved City Council Minutes
November 29, 1994
Page 3
Water/Sewer/Drainaze/Wastewater Treatment Plant
Councilmember Petruzzi questioned the funds requested for the incinerator of $200,000. He pointed
out the estimates that were originally provided ranged between $200,000 and $500,000. Mr. Mar
responded that number will be increased to $250,000 as was suggested at last week's Council meeting.
Mr. Petruzzi further questioned if $250,000 is enough.
Administrative Services Director Art Housler referred to page 144 of the Budget Book, General
Projects, under the 412 Fund, and stated there is an ending cash balance of $342,360. This ending cash
balance has been reduced by $50,000 in order to increase the incinerator project to $250,000.
Acting City Engineer Jim Walker informed the Council that there are a couple of projects in the Sewer
Collection System Projects that could be deleted if additional funds for the incinerator are required. He
is hoping to have firm numbers on the incinerator well before going out for bid on those projects. One
project that could be deleted is the alley at 7th/6th which has a budget of $140,000. It is a maintenance
and infiltration type project that can be delayed if necessary.
Mr. Housler responded to a question of Councilmember Fahey. He stated there are two parts to the
bond issue for the Public Works facility. One is the water/sewer portion, and one is the street and
General Fund.
Transportation Projects
With regard to Transportation Projects, Councilmember Earling expressed concern about the Highway
99 project. Mr. Mar stated the plan at this time is that 1995 will be spent doing design work for the
✓t' project. It will go out to bid in the spring of 1996. Mr. Earling asked about the projected costs and
what contribution Edmonds will be expected to make? Mr. Mar provided the latest information he has
c� 0 that reflect a total project cost estimate of about $20 Million. Edmonds' share would be about
.lJ $524,000. (The estimates are from early 1993.) Other factors that may affect the cost to Edmonds
include the participation of the Department of Transportation and Community Transit and what
improvements will be required. Mr. Mar also indicated that the annexation of the Aurora Marketplace
area which fronts on Highway 99 will likely increase the cost to the City of Edmonds for this project.
The cost to Edmonds will probably be in the $600,000 to $700,000 range. Councilmember Earling
commented that he needs to have a comfort level that the City is planning for this project and that the
funds that will be needed are available when it is time.
Councilmember Kasper questioned where the 1994 budgeted funds of $220,000 are for the Highway
99 Project, noting the funds were not spent. Mr. Housler indicated the funds can be found in the
Budget Book on page 130, Vehicle Registration Fee Projects 300, Ending Cash Balance of $270,420.
This money is in the Ending Cash Balance because the funds for that project are not needed in 1995.
$400,000 is budgeted for 1996.
Councilmember Petruzzi pointed out the $400,000 budgeted for 1996 will not be enough to cover the
likely $600,000 to $700,000 cost. Mr. Housler stated that given that the project does not have a
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November 29, 1994
Page 4
schedule, and it is his understanding it will carry over into 1997, the $210,000 for Vehicle Registration
Fee would be allocated for 1997 in order to complete the project.
Councilmember Kasper commented it looks as though the maintenance account has been reduced for
streets. No money is being put into maintenance of existing roads, let alone build a new one. No
money is set out to speak of. He believes the cost could likely be $1 Million to the City of Edmonds
for this project.
Mr. Mar stated it is planned to enter into the design phase of the project, look at the what the costs are,
and then reexamine the allocations. He has let the other jurisdictions know of the concern of the City
of Edmonds with regard to this project and the City's allocation. There is not enough data on the table
in order to know what the allocation will be.
Discussion occurred concerning ways of funding street improvements such as a gas tax or a bond issue.
It was pointed out during the last election the gas tax issue failed. A suggestion was made to bring the
issue to the public by putting an article in the City newsletter in order to make them aware that it is not
possible to find the funds to do the work that is needed.
Parks, Open Space, Recreation, Beautification
Parks and Recreation Manager Arvilla Ohlde next addressed questions concerning Parks, Open Space,
Recreation, and Beautification. She stated that City Park Improvements/Phase I & H includes the
following: currently going on in Phase I is the handicap pass and playground; they will also be getting
designs to replace the restroom facility.
Council President Nordquist stated a request was received regarding the pool at the high school. He
asked if money will be set aside for that project at this time. Mr. Mar replied that there is an error in
the Budget Book. The Aquatic/Recreation Complex Study was budgeted in 1994 for $45,000. In the
Budget Book 1995 has zero budgeted; it should read $45,000.
Responding to Councilmember Kasper, Ms. Ohlde stated the content of the RFP for the
Aquatic/Recreation Complex Study will follow what the Park Comprehensive Plan said in that they will
also be looking at the existing facilities plus looking at the school facility.
Council President Nordquist inquired about Miscellaneous Paving with a budget of $55,000. Ms.
Ohlde explained the paving projects include such projects as the Marina Beach boat ramp, Ballinger
Lake boat ramp, repairs to parking lots, Maplewood Road repairs, etc.
Buildings and Maintenance
Councilmember Earling asked if the funds budgeted for the Boys & Girls Club Miscellaneous
Improvements ($15,000) and Exterior Painting ($2,500) are in response to the request of the Boys &
Girls Club to the City to participate in a project next year. Facilities Supervisor Tom King responded
that the budgeted funds are separate from the recent request received from the Boys & Girls Club. The
Approved City Council Minutes
November 29, 1994
Page 5
repairs have to do with exterior steps in front of the building. Councilmember Earling asked if there is
any place in the budget that reflects their request to the City to participate in the project? Mr. Mar
responded no. Mayor Hall suggested there could be funds in the 125 Fund. She stated she spoke to
Ray Gould on this date regarding this request. The amount currently budgeted totals $17,500 which
could go toward their request. Councilmember Earling reported the note he received from the Boys &
Girls Club indicates they are hopeful that the City could match the funds from the Rotary Club which is
$28,000.
Councilmember Kasper had several questions concerning building maintenance. He asked specifically
about the brick contract. Acting City Engineer Tim Walker reported the Library Wash & Seal Brick
},QV project in 1994 came in at $14,000. The Library Plaza Planter Rehabilitation is budgeted in 1995 at
$25,000. He indicated this may come up short depending on what system is used to seal it.
Councilmembers Petruzzi and Kasper both asked about the exterior bricks that are in need of repair.
Mr. Walker replied the cost for this repair would be approximately $6,000 to $8,000.
Councilmember Petruzzi further inquired what an estimate would be of the total cost for the library
brick project. Mr. Walker estimated $35,000 - $40,000, noting it is difficult to say at this point. They
are still trying to work out the details on what is the best plan. He pointed out there is an Ending Cash
Balance in that account that funds could be requested from if necessary. Public Works Superintendent
Noel Miller suggested transferring $10,000 from the Ending Cash Balance to the $25,000 budgeted in
1995. Mr. Petruzzi asked if anyone objected to this and no one objected.
Councilmember Kasper stated he would like to see a breakdown of all items included in the Buildings
Maintenance Fund. He would like to go through them in detail. He further inquired if the Cash
Balance for Building Maintenance for 1995 was brought back up to $100,000. Mr. Housler stated the
Beginning Cash Balance for 1995 is $105,350.
Councilmember Petruzzi asked about Capital Improvements - Fund 325, Public Works Facility Project.
V1' He noted there is $240,780 budgeted for 1995. He asked if this is a carryover from the $3.6 Million
P ' for the construction of the Public Works facility. Mr. Miller stated $75,000 is carryover and the rest is
interest on the bonds. Mr. Petruzzi clarified that in 1995 they are proposing to build a part of the
facility that the Council has not yet approved that is not in the original $3.6 Million. Mr. Miller
responded that is correct. Mr. Petruzzi questioned if it would be possible to allocate part of the
$240,780 to something that has more of a need versus adding further improvements to the new Public
Works site.
Mr. Housler stated he would look into the bond ordinance to make this determination.
Councilmember Petruzzi summarized the additional items that are being requested. He listed the
following items: Arts Commission One-half FTE - $20,000; Cable TV Franchise - $33,000; Space
Needs Pre -Engineering Costs - $35,000; Annexation Costs - $15,000; Fitness Program - $40,000 (in
addition there would be a loss of revenue of $22,910); Historical Society - $10,000; Sister City -
$2,000; Recycle Program - $48,370; Police Sergeant - $49,770; Police Patrol - $43,770; Police Cadet -
$7,500, Boys & Girls Club - $11,000.
Approved City Council Minutes
November 29, 1994
Page 6
Regarding the fire unit replacement, Councilmember Petruzzi believes a minimum of an additional
$50,000 is needed. He further pointed out additional funds for the Council Contingency Fund are
needed and recommended $50,000 be added. The street fund is low and the Highway 99 project needs
additional funds.
Councilmember Fahey pointed out that she did not find any funds budgeted to continue the video
taping of the Council meetings in 1995. It was determined that $6,000 would be needed and suggested
adding this to the above list. Further, she noted there are no funds included for Councilmembers to
attend workshops.
Council President Nordquist referred to a memorandum from Council Assistant Barb Mehlert with
regard to the Council budget. The memo recommended $600 be added to the line item for
Councilmembers to attend assigned Board and Commission meetings. This is in light of the recent
action to add an additional paid meeting to the Council list of paid meetings. The memo also suggested
moving the $15,000 that is budgeted for the newsletter into Planning since they are implementing the
newsletter. Regarding Council Retreats, Ms. Mehlert recommended increasing the budget by $300.
Finally, it was recommended increasing the Travel budget by $2,300 to allow two Councilmembers to
attend the National League of Cities conference. Councilmember Fahey suggested adding $500 for
Councilmembers to attend workshops.
Councilmember Dwyer commented that there is an additional 3% property tax that is not budgeted for
3�" 1995, and there is last year's 3%. He prefers to take the full 6% property tax for 1995. With regard to
last year's 3%, he recommended taking 1% a year for each of the next 3 years and dedicate it to the
fire equipment. By taking 1 % for 3 years, it was determined that $120,000 would be dedicated to fire
equipment at the end of the 3 year period in 1998.
Using the overhead projector, Mr. Housler displayed a list assembled by staff of those additional costs
to add to the budget. Most items were the same as listed by Councilmember Petruzzi. An additional
item was the Grounds Salaries for Treatment Plant - $11,000. Discussion occurred regarding the
Cultural Arts position that was requested and what the costs would really be. Mr. Housler's figure was
$45,000. Further, Mr. Housler stated there are funds available to fund the request from the Sister City
Commission of $2,000.
Mr. Housler also indicated that there will be an unanticipated 1994 cash carryover that would be
available to fund some of the requests. That is generated by expenditures being under target for 1994.
It is expected that there will be $80,000 to $100,000 as unexpected cash carryover.
Councilmember Fahey suggested adding $33,000 in legal fees.
Councilmember Petruzzi further suggested adding $50,000 for fire truck reserve, $50,000 for street
fund, and $200,000 for the Highway 99 project.
Approved City Council Minutes
November 29, 1994
Page 7
Mr. Housler displayed on the overhead projector a list of potential available funds for general purposes.
Copies were provided to the Council.
Council President Nordquist suggested getting the wish listgoing for the next meeting. Mayor Hall
suggested prioritizing the list.
Discussion ensued concerning scheduling a special meeting to work on the budget. It was the
consensus that the Council would meet on Thursday, December 8, 1994, at 5:30 p.m. in the
0�'
1 1 Community Services Building Conference Room.
EXECUTIVE SESSION ON A REAL ESTATE MATTER
The Council went into Executive Session on a real estate matter at 9:40 p.m. and adjourned from there.
THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A TAPED RECORDING OF ALL
COUNCIL MEETINGS, CAN BE LOCATED IN THE CITY CLERK'S OFFICE.
LAURAii,—HAL �i #�
4RONID67-0 . MAR H, CITY CLERK
Approved City Council Minutes
November 29, 1994
Page 8
AGENDA
EDMONDS CITY COUNCIL
7:00 -10:00 p.m.
NOVEMBER 29, 1994
SPECIAL MEETING - LOCATION CHANGE
COMMUNITY SERVICES BUILDING CONFERENCE ROOM
250 FIFTH AVENUE NORTH
EDMONDS, WASHINGTON
CALL TO ORDER - 7:00 P.M.
FLAG SALUTE
1. EXECUTIVE SESSION ON A REAL ESTATE MATTER
The balance of the agenda will commence at 7.30 p.m.
2. APPROVAL OF AGENDA
3. CONSENT AGENDA ITEMS
A. ROLL CALL
B. APPROVAL OF SPECIAL MEETING MINUTES OF NOVEMBER 5, 1994
C. APPROVAL OF MINUTES OF NOVEMBER 15, 1994
D. PROPOSED RESOLUTION NO. 803 IN SUPPORT OF REGIONAL TRANSIT
AUTHORITY PHASE I PLAN AND CONTINUED CONCERN FOR RAIL SPEEDS AND
SAFETYISSUES
E. PROPOSED ORDINANCE NO. 2996 AMENDING EDMONDS CITY CODE CHAPTER
2.05 REMOVING THE CITY ATTORNEY POSITION AS AN APPOINTED OFFICE
AND ESTABLISHING LEGAL SERVICES BY CONTRACT
4. BUDGET WORK SESSION - REVIEW OF OTHER FUNDS
5. CARRY OVER OF ANY ITEMS FROM PREVIOUS BUDGET WORK SESSIONS
6. CONTINUED COUNCIL DELIBERATION OF 1995 BUDGET
7. EXECUTIVE SESSION ON A REAL ESTATE MATTER
NOTE: THE MEETING LOCATION CHANGE IS DUE TO THE INSTALLATION OF THE NEW PUBLIC
ADDRESS SYSTEM IN THE PLAZA MEETING ROOM.
The public is invited to attend.
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. This Meeting will not be televised.