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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 Approved City Council Minutes 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.