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12/13/1994 City CouncilApproved City Council Minutes Approved 1/3/95 EDMONDS CITY COUNCIL APPROVED MINUTES DECEMBER 13,1994 The Edmonds City Council meeting was called to order: at 7:00 p.m. by Mayor Laura Hall in the Library Plaza. Room, 650 Main Street. The meeting was preceded by the flag salute. ELECTED OFFICIALS PRESENT Laura Hall, Mayor John Nordquist, Council President Barbara Fahey, Councilmember Steve Dwyer, Councilmember Michael Hall, Councilmember Dave Earling, Councilmember Tom Petruzzi, Councilmember William J. Kasper, Councilmember Ellenann Chiddex, Student Representative STAFF PRESENT Tom Miller, Police Chief Mike Springer, Fire Chief Art Housler, Administrative Services Director Brent Hunter, Personnel Manager Chuck Day, Accounting Manager Noel Miller, Superintendent of Public Works Paul Mar, Community Services Director Jeff Wilson, Current Planning Supervisor Jim Walker, Acting City Engineer Arvilla Ohlde, Parks and Recreation Manager Brian McIntosh, Recreation Coordinator Doug Farmen, Accountant Minh Truong, Accountant Scott Snyder, City Attorney Rhonda March, City Clerk Christine Laws, Recorder Mayor Laura Hall recessed the meeting for an executive session on legal matters. The meeting was reconvened at 7:50 p.m. APPROVAL OF AGENDA COUNCIL PRESIDENT JOHN NORDQUIST MOVED, SECONDED BY COUNCILMEMBER STEVE DWYER, TO INCLUDE AS ITEM 9 THE PROPOSED ORDINANCE DECLARING AN EMERGENCY, EXTENDING THE SUNSET CLAUSE OF THE EDMONDS INTERIM CRITICAL AREAS ORDINANCE WITH A HEARING DATE OF JANUARY 17. MOTION CARRIED. COUNCIL PRESIDENT JOHN NORDQUIST MOVED, SECONDED BY COUNCILMEMBER STEVE DWYER, TO APPROVE THE AGENDA. MOTION CARRIED. Approved City Council Minutes December 13, 1994 Page 1 CONSENT AGENDA Councilmember Bill Kasper requesting pulling Items E, G and H. Councilmember Tom Petruzzi requested pulling Item B. COUNCIL PRESIDENT JOHN NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DAVE EARLING, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items passed are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIMS WARRANTS #945554 THRU #946271 FOR WEEK OF DECEMBER 5, 1994, AND ADDITIONAL CLAIM #946126 FOR WEEK OF NOVEMBER 28, 1994 (D) APPROVAL OF PETTY CASH EXPENDITURES FOR MONTH OF NOVEMBER 1994 W(F) PROPOSED RESOLUTION APPROVING RATE ADJUSTMENT PROPOSED PURSUANT TO FCC FORM 1210 FOR CHAMBERS CABLE FOR PERIOD APRIL 1, 1994 THROUGH SEPTEMBER 30, 1994 ate (1) AUTHORIZATION TO SIGN DETOUR AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE EDMONDS FERRY TERMINAL l REHABILITATION PROJECT Councilmember Petruzzi pulled the December 6 minutes because a memo provided by City Clerk Rhonda March indicated minor corrections were needed. COUNCILMEMBER TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER ��✓ STEVE DWYER FOR PASSAGE OF THE DECEMBER 6 MINUTES WITH THAT CORRECTION MADE. MOTION CARRIED. Councilmember Kasper stated his desire to have a vote on the pulled matters. COUNCILMEMBER STEVE DWYER MOVED, SECONDED BY COUNCIL PRESIDENT JOHN - NORDQUIST, TO APPROVE ITEM E. COUNCILMEMBER BILL KASPER VOTED NO. MOTION CARRIED. The item passed is as follows: (E) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH KARIN NOYES FOR PLANNING BOARD MINUTE TAKER COUNCILMEMBER TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER STEVE DWYER, TO APPROVE ITEM G. COUNCILMEMBER BILL KASPER VOTED NO. MOTION CARRIED. The item passed is as follows: (G) AUTHORIZATION FOR MAYOR TO SIGN POLICE LABOR UNION AGREEMENT Approved City Council Minutes December 13, 1994 Page 2 COUNCIL PRESIDENT JOHN NORDQUIST MOVED, SECONDED BY COUNCILMEMBER STEVE DWYER, TO APPROVE ITEM H. COUNCILMEMBER BILL KASPER VOTED NO. MOTION CARRIED. The item passed is as follows: ! n AUTHORIZATION FOR MAYOR TO SIGN POLICE SUPPORT LABOR UNION AGREEMENT SELECTION OF CITY ATTORNEY Brent Hunter, Personnel Manager, informed the Council that the City had advertised for Qualifications and Proposals for City Attorney services. Seven firms responded. All proposals were reviewed by a panel consisting of Council President John Nordquist, Councilmember Bill Kasper and Mayor Hall. Interviews were held by Council on Monday, December 12. (� Councilmember Michael Hall asked if there was a contract in place and if the terms of the contract v would also be discussed. He was advised by Councilmember Dwyer that the first step is to decide with whom Council would be negotiating. Mr. Hunter's recommendation was similarly to first select the attorney and then ask the Mayor to execute a contract. Councilmember Petruzzi indicated his feeling that all of the attorneys interviewed were good attorneys. However, he feels that we are already dealing with the very best municipal law firm in the vicinity. He went on to say that Ogden Murphy Wallace has by far the most prestigious record and municipal background and has been a very satisfactory City Attorney for Edmonds for over 32 years. They are intimate with all of the codes and ordinances and understand what is meant by the "Edmonds way of living". They have stated repeatedly that Edmonds is not only their first, but also their most important customer. Councilmember Petruzzi said that 32 years of institutional memory would be very difficult to replace. Numerous instances have arisen where legal costs have been kept to a minimum figure because of the history that the firm has on Edmonds' issues. He feels we are now at one of the most critical times in the city's history with all of the growth management processes that will be ongoing and with other related issues. He does not feel now is the time to make a change. Councilmember Petruzzi restated Councilmember Steve Dwyer's comments from the interview session which he felt important. In 1995 the Council will be made up of five first term Council members. We will also be losing Councilmember Dwyer's expertise after 10 years. It will require really good legal advice. Edmonds' attorney is Scott Snyder. Mr. Snyder is going to remain our City Attorney, and the City of Edmonds will remain his primary customer. Councilmember Petruzzi said there were comments made that there were times when Ogden Murphy Wallace may ask us to use some new people, and we may have someone from their stable of attorneys who are training them. He does not feel it will be a difficult problem. Mr. Snyder assured Council he would be its City Attorney for the length of the contract. Councilmember Petruzzi feels it better to occasionally train someone than to train a whole new law firm at the taxpayers' expense. He indicated further that there had been lengthy discussions concerning conflicts. During the interview, Mr. Snyder responded to Council questions concerning conflicts with information that there has been one occasion in the last 10 or 11 years that a conflict occurred. That was a recent conflict involving Fire District No. 1. Councilmember Petruzzi indicated there had been some question of the possibility of interlocal agreements causing conflicts. He felt it clear from the interviews that working with such agreements with various municipal entities did not present a substantive problem. He thinks there may be times where there is a possibility of a conflict, but that is Approved City Council Minutes December 13, 1994 Page 3 something where we could request Ogden Murphy Wallace to notify Council of who they represent on interlocal agreements. Even other firms have potential conflicts, so the point is moot and not a reason to change our present City Attorney. Councilmember Petruzzi reminded Council that one of the other candidates who is a former in-house City Attorney for Everett mused that he wondered why we were even looking for new firms since Ogden Murphy Wallace is such an excellent one. This attorney brought up the fact we would be losing 32 years of institutional memory. He fin ther indicated he had used our present legal counsel in the past and found them to be very capable. Councilmember Petruzzi stated that many hours would be needed to bring a new firm up to speed, and that would be an added expense. If we are to change city attorneys, there must be a viable reason to do so. We are dealing with the top -rated firm in Puget Sound in municipal law and are getting that service fora reasonable and competitive price. He feels we should continue to do so. COUNCILMEMBER TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER STEVE DWYER, THAT WE AWARD A CONTRACT FOR CITY ATTORNEY SERVICES TO THE FIRM OF OGDEN MURPHY WALLACE AND THAT THE TERM OF THE CONTRACT BE FOR FOUR YEARS, WITH AN ANNUAL REVIEW OF THE FEE AND RETAINER STRUCTURE OF THE CONTRACT BY THE CITY COUNCIL IN ORDER TO SET SUCH FEES AND RETAINER STRUCTURE FOR EACH SUCCEEDING YEAR OF THE CONTRACT; AND THAT WE HEREBY AMEND ORDINANCE 2996 TO DELETE THE 30 DAY TERMINATION CLAUSE FROM THE ORDINANCE AND LET THE TERMINATION REASONS BE PART OF THE NEGOTIATED CONTRACT WITH THE CITY ATTORNEY. Mayor Hall added her feeling that the mayor should be included in that motion. Councilmember Petruzzi stated the present ordinance states the City Attorney contract is issued by the Council, and it will stay that way. He declined to amend his motion. Mayor Hall feels that should be discussed further. Mayor Hall mentioned that, with Mr. Snyder's cooperation, the price of legal services has been kept down. She stated that there were times when. Mr. Snyder could have attended meetings, but after discussion it was determined there was not a need for him to be here. She expressed appreciation for this cooperation. Councilmember Petruzzi reiterated a statement he previously made that the administration has done an excellent job in keeping down the attorney fees. He further recognized that in the last couple of years there had been quite a reduction in these fees. Councilmember Hall noted the motion included a contract length. His understanding was that was to be left open for negotiations. He thinks they are two different issues and expressed concern over dealing with both in one motion. Councilmember Petruzzi feels that since the Hearing Examiner is on a four year contract, it would make sense to keep it in line. Councilmember Hall agreed, but that if we are to negotiate contracts, Hearing Examiner and City Attorney is probably something we would like to coordinate, but he thinks it needs to be discussed. He questioned wrapping it in a motion for who we chose for City Attorney. Councilmember Hall stated that no matter who is chosen to act as City Attorney, the Council should take the suggestion of one of the applying firms to establish some type of pool of other attorneys who have already been looked at so as to prevent time lags in the event a conflict arises. He acknowledged Council spends a lot of time on consultant selection, but feels Approved City Council Minutes December 13, 1994 Page 4 Council should set up a consultant selection committee ahead of time so we have someone on board who can be periodically brought up to speed on what is going on. Councilmember Petruzzi did not disagree, and suggested it be placed on the Council agenda sometime in the near future. Councilmember Petruzzi called for the question. Councilmember Hall asked if Councilmember Petruzzi kept the length of the contract as part of the motion. Councilmember Petruzzi responded in the affirmative. MOTION CARRIED. Mayor Hall indicated that if Councilmember Hall voted yes, it would be unanimous. He cast his yes vote. Mayor Hall congratulated Mr. Snyder. Councilmember Hall expressed his pleasure at the quality of the local area firms applying for the position. Mayor Hall agreed. SELECTION OF PROSECUTOR Personnel Manager Brent Hunter said the City issued RFPs and received 13 applications for the position. The Mayor's selection committee consisted of Mayor Hall, Brent Hunter, the Court Administrator, local attorney Curt Thompson and Mountlake Terrace Police Chief John Turner. He stated that the Mayor's recommendation was to retain David Steiner for Prosecuting Attorney for 1995. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER HALL, TO CONFIRM DAVID STEINER AS PROSECUTING ATTORNEY FOR THE EDMONDS MUNICIPAL COURT FOR 1995. MOTION CARRIED. Mayor Hall indicated a congratulatory letter would be sent to Mr. Steiner. SELECTION OF PUBLIC DEFENDER Brent Hunter advised the Council that six applications were received in response to the RFPs. Two candidates were interviewed. The same selection committee was used as for the prosecutor. The Mayor's recommendation is to retain James Feldman as Public Defender for 1995. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO CONFIRM JAMES FELDMAN AS PUBLIC DEFENDER FOR THE CITY OF EDMONDS FOR 1995. MOTION CARRIED. Mayor Hall will send a formal letter. Council President Nordquist made reference to the document accompanying the Item 5 Agenda Memo. It indicates the interviewers and the date of selection. His name was included, but he was not invited to be on the Prosecuting Attorney/Public Defender board. Approved City Council Minutes December 13, 1994 Page 5 AUTHORIZATION TO ADVERTISE FOR PROFESSIONAL SERVICES TO PERFORM FEAsimurY STUDY LOCATING AN AOUATIC/RECREATION COMPLEX AT THE NEW EDMONDS/WOODWAY HIGH SCHOOL Arvilla Ohlde, Parks and Recreation Manager, advised Council the item before them is a request to advertise for a professional service to do a limited feasibility study to look into building a swimming pool in combination with the new Edmonds/Woodway High School facility and looking -at all of the other issues brought to the table when the Comprehensive Park, Recreation and Open Space Plan came before Council. The Plan stressed it was a very high priority for the community to have an indoor, year -around swimming pool. They would also look at all the other elements if other sites are to be considered. Councilmember Dwyer asked what was meant by "other sites". Ms. Ohlde stated that in the Comprehensive Park and Open Space Plan it was not known that there would be a bond passing for the new school facility. At that point the committee had to look at what options were available. The committee sifted it down to say that of all of the variables that looked like might be the best possibility might be something adjacent to Frances Anderson, looking at a combination of administration, trying to diminish the cost. Other sites included a civic center adjacent to Yost Pool. Having the ability to go through those issues again would be of assistance to the City. Councilmember Dwyer asked if the $10,000 is to study that site or that site and these other sites as well. Ms. Ohlde said primarily the high school and then adding in the other sites. Councilmember Dwyer said he understood why it is timely and feels it a good idea to study whether or not it makes sense at the high school. He asked if it was cost savings that would cause us to spend additional money on other sites. Ms. Ohlde suggested that because of the square footage at the high school, it may not fit. In the preliminary stages it may be determined it isn't going to fit on there with the land use. If we settle for something, it may be this minor pool that we may not want to go into. If you don't have the ability to say that isn't working the way we want it to, and you have the Anderson site or somewhere else, we may have to re-emphasize and.go to something else. Councilmember Dwyer stated his understanding that there isn't anything that keeps us from simply studying that site now and making a determination of whether that works or not. If it doesn't work we are no different from where we are now. His question then becomes whether that's money that we would have been spending in 1995 except for the bond passage. If it is only the bond passage that is causing us to do this now, maybe we should only do that amount which relates to the bond passage. If it can work, then we make a decision on if we want to go forward. Ms. Ohlde was not comfortable coming before Council without having the variable that Council had given direction to-do. Council had put on the calendar in the CIP that looking at an aquatic recreation facility at a $45,000 budget estimate was earmarked to get done. Those elements can come out. Councilmember Kasper asked if the $45,000 was in the 1994 budget or the 1995 budget. Ms. Ohlde said it is in the 1994 budget; and she has asked that it be moved over to 1995. Councilmember Kasper indicated only $35,000 would be carried over. Ms. Ohlde introduced Brett Carlstadt, Property Manager for the Edmonds School District, and invited questions of either of them. Approved City Council Minutes December 13, 1994 Page 6 Council President Nordquist wondered why the School District didn't include a pool in their athletic program and why they haven't studied it from their angle. They have come to Council before when the YMCA was there, and they were shopping for pools. Mr. Carlstadt stated that the bond issue that was passed by the voters in 1986 did include a pool element. The proposal that included a pool element did not get approved by the voters. It was resubmitted in 1986 without a pool element and was approved by the voters. The District has taken that as a message from the voters that they don't think education dollars should be spent on a pool. Our needs for education stays with modernizing and accommodating the students in the system is such that a very specific request was taken to deal with the existing and needed school capacity. It did not include a pool because that is not in direct focus of where our needs were for classrooms. Council President Nordquist asked it in the event it were found there was a location on the campus for that particular pool, it would be the City's responsibility to go for a bond issue to pay for that pool. Mr. Carlstadt indicated he could not speak to the financial aspects. What has come out from the District facility design committee, a broad -based citizen committee, is that there was some interest in partnerships. One of the partnership opportunities which arose from that discussion was the potential for a pool at that site. Following that, the District's response has been if the City or another entity had an interest in siting a pool at that location, they would look to accommodate that with a placeholder — allowing the real estate. They do not have funds for that, and he does not personally foresee the School District going for a bond issue to finance a pool. Their needs for school facilities are far larger than will be accommodated with this latest approved bond issue. Councilmember Earling asked why every school that gets built in the Mukilteo School District, junior high and above, is built different philosophically than is done in Edmonds. He indicated they have pools, some of which are stunning. Mr. Carlstadt would like to have that issue fairly addressed to the School Board and/or the Superintendent. He stated the education facilities and the education philosophy existing in the Edmonds School District is reflective of the community of the District and is executed and carried out by the School Board elected by the community of the Edmonds School District. It is different from the Mukilteo School District. Councilmember Earling believes a pool should have meter capacity. He asked about the concept to be discussed. Ms. Ohlde said you would want competitive lanes. Fifty meters is probably what would be considered. She indicated we wouldn't want to build just a lap pool because then there would not be the emphasis of revenue generation. Other water -related activities would need to be included. The best revenue -makers would be the learn to swim; there may also be the element that wants to put in a deep diving pool tank. The nicest thing about the opportunity to work with the School District is that generally in school districts, they may do a combination construction project, but generally the emphasis or the controlling of the programs is taken over by the schools. At that point the City is in a more vulnerable role in gaining its revenue. This School District has said it would be programming controlled by the City. That gives us the opportunity to look at those revenue -generating options. Councilmember Earling wants it to have flexibility. Ms. Ohlde says what you see currently happening at most schools is having an opportunity to have that lane or lap swimming going on at all times and hours without restrictions. Previously they had to exchange and move programs; lap swimming was only at designated times. That diminishes people's lifestyles. They want to be able to get to a site when Approved City Council Minutes December 13, 1994 Page 7 it is in their schedule, so you program for the patron or customer use. Many are saving four or five lanes for lap swimming at any given time and while other programs are going on. Councilmember Earling suggested one of the potentials he sees for revenue generation is swim clubs. It also provides limitations on income. He doesn't want us, in an effort like this, to automatically preclude certain potentials. Ms. Ohlde advised the Council that another partner that has been having conversations has been the hospital. Because of their close proximity, they would have joint use of that or programming and cross -programming. Councilmember Barbara Fahey also expressed interest in revenue generation. She feels that, in reading the Agenda Memo, the scope is limited, that if we are only focusing on doing a study related to the potential of putting a pool at the school, we have no options to which it can be compared. There is a proposal to evaluate multiple sites, but there isn't anything built into the proposal to evaluate other programs that could be included in a multipurpose recreational facility that might meet other needs of the community and also be revenue -generating. In the event we opt to not build in conjunction with the school, we would at least know if it were feasible to build and pay for a pool independent of working with the School District. Without that piece of information, she feels there is no way to evaluate the survey as she wouldn't know if other options were available. She asked how much more the cost would be if we were to expand to .the point where we knew what we could include in a facility that would be revenue -generating, apart from swimming, that would help us maintain a facility for the community. Ms. Ohlde said she could make sure the proposal said that revenue generation was emphasized not only in the aquatic programming, but also on any site amenities that are categorized as revenue - generating and not get specific on what that might be. It may be a possibility when you look at all the square footage, that there may be an option for a weight room or health area. All of that helps the stand-alone pool have its generation of revenue to offset the cost of an aquatic facility. That could be highly emphasized. Pools are difficult items to generate revenue. Yost Pool is about the only one in the Northwest to generate 110% as revenue -- getting 60% is very good. Mayor Hall interjected that she feels the pool will be an asset and will be in the black. Very few in the nation can say that, especially with our inclement weather, short season, and are dealing with an uncovered pool. COUNCILMEMBER BARBARA FAHEY MOVED, SECONDED BY COUNCILMEMBER DAVE EARLING, TO AUTHORIZE THE PUBLICATION OF A REQUEST FOR PROPOSALS FOR A FEASIBILITY STUDY OF AN AQUATIC/RECREATION COMPLEX WITH THE INCLUSION OF THE POTENTIAL FOR OTHER REVENUE -GENERATING ITEMS THAT COULD BE INCLUDED TO MAKE IT FEASIBLE TO PAY FOR ITSELF. Councilmember Dwyer asked Councilmember Fahey if we were adding more money or deleting something that was going to be done out of the $10,000 in order to keep it at $10,000. Councilmember Fahey indicated her understanding of Ms. Ohlde's comments that she could simply include that as an additional factor. She asked Ms. Ohlde if she thought it would increase the cost of the study. Ms. Ohlde did not think so. Ms. Ohlde asked if Council wanted to emphasize the one site. Approved City Council Minutes December 13, 1994 Page 8 Councilmember Fahey indicated she feels Council needs to know other site options as an integral part of the decision -making process. Councilmember Kasper reminded Council that when this matter was discussed a few nights ago, it has been agreed to look at other sites. MOTION CARRIED. BUDGET WORK SESSION AND FINALIZATION OF BUDGET Mayor Hall advised Council that Paul Mar, Community Services Director, had provided information regarding the Dayton Street facility. Mr. Mar called Council's attention to a memo that was in their \ packet responding to a request Council made on November 22 when the possible relocation of an expanded youth fitness program to the Second and Dayton site was discussed. Council's request was to do some research and look for some alternative sites that could accommodate that program. The memo is a cover to a memo from Brian McIntosh that has a table of the sites they've investigated and how that site could or could not accommodate the program and any other financial and cost information available. It is their conclusion, when you weigh everything together, the Second and Dayton site still ranks pretty high, understanding Council's concern about the future use of that site. Mr. Mar thinks that from the City's prospective the program of expanding and relocating there is a p moneymaker over the long term, being a three to five year process. A lot of the costs that are borne in �1 the 1995 budget as proposed are for capital needs such as purchase of equipment and also for the painting and cleaning up of the facility. If you take those out of there, he thinks the program can be a stand-alone program, if not within the first year, within the first two years. Mayor Hall asked Arvilla Ohlde if she had anything to add. She explained Brian McIntosh's delay and indicated they wanted to make sure to get back to Council on the question, put the issues out for it, and have it back out for discussion. The program as it exists right now has many patrons. As those children reach 11 and 12 years of age, their physical ability to do programming starts to overshadow our ability to have a facility to house them. They go and do competitive programming, and the ability to have this as an option is a win -win situation. Councilmember Petruzzi noted for the benefit of Mr. Mar and Ms. Ohlde that Council had pretty much decided what it was going to do last week. He said they went back and forth about who was going to make the cuts. Would the Council make the cuts necessary or would Staff make the necessary cuts. The general consensus of the Council was that Staff should make the $150,000 in cuts before the Council maybe made cuts that might critically hurt the certain areas. Tonight is a wrap-up. Mr. Mar indicated that wrapped into this issue is the space needs and the space plan. What is left unsaid if is that as of the beginning of the year there will be no occupant in the Second and Dayton facility. That is one of the questions they had to look at early on -- what do we do with that facility? Prior to further discussion, Mayor Hall read into the record her memo of December 13. It is as follows: Approved City Council Minutes December 13, 1994 Page 9 At first blush, my reaction to Thursday night's meeting is that I am reluctant to make cuts to my 1995 preliminary budget for the following reasons: 1. It is a balanced budget presented on time (as deemed by law). 2. It is sound; it provides for all basic services. 3. It contains an additional 3% (as allowed by law). I have provided a budget of 103% to provide for required services. I have given Council options (the niceties) from the additional 3%. I encourage Council to reconsider their position and add 3%. Money is needed long-range to preclude a reoccurrence that happened two years ago when Council refused to levy the additional 3%. It strapped the City financially. There was mention made that if Council were to take the additional 3% it may be considered spendthrift. I took responsibility for an additional 3%. Council could impose the additional 3%, and perhaps we would be considered spendthrifts together. Regardless of my reluctance, attached you will find budget cuts. I am looking forward to your budget and the culmination of a sound 1995 City of Edmonds budget. Councilmember Kasper stated he placed a memo in the packet regarding the Highway 99 budget. He doesn't see any of the increases on Highway 99 that were gone through Thursday night. Councilmember Petruzzi suggested looking at Attachment 3 of the memo. That has funding options for the SR 99 project. Councilmember Petnmzzi hasn't reviewed them yet. Councilmember Kasper said there was supposed to be $200,000 in there — Mr. Earling had $100,000 and Mr. Kasper had $100,000. He acknowledged them as special funds as opposed to general funds. Councilmember Petruzzi advised Councilmember Kasper that in the Mayor's memo this evening there were funding options for the SR 99 project on the final page. Councilmember Petruzzi recommended, in the interest of expediency, that Council go first through the General Fund, resolve that, and then talk about the SR 99 project. Councilmember Kasper indicated he questioned where was there indication those had been requested to be increased to $200,000. He said there was nothing to even indicate those were requested. Councilmember Petruzzi stated that he had had an opportunity to review Attachment 1. It appears to be reasonably accurate with what had been discussed on Thursday evening. At that time the Mayor and Staff had been asked to come back with recommended cuts of $150,000. Attachment 2 appears to have come to that exact number. Councilmember Petruzzi's recommendation regarding the General Approved City Council Minutes December 13, 1994 Page 10 Fund is that Council accept the $150,000 in cuts as proposed by the Mayor and Staff and that Council accept everything shown on Attachment 1 on both the additions and the cuts. He noted for the record that the additions and cuts on Attachment 1 are those made by the Council. The cuts. on Attachment 2 are those recommended by Staff and the Mayor. His personal feeling is that if Council accepted those two carte blanche the General Fund will have been resolved. Councilmember Earling requested a 10-15 minute recess to review the attachments. Mayor Hall called the recess at 8:44. The meeting reconvened at 8:52. Mayor Hall welcomed Brian McIntosh. She told him there had been an item on the public works facility. Councilmember Petruzzi apologized for saying Council would accept Attachment 2 carte blanche. He was going on good faith on what he believed were cuts from all other areas and finds that the number one item -- even though cuts in the City Council fund, had already been discussed and the newsletter had been cut for $15,000 -- the very first item is a $5,300 cut to reduce the Council secretary's hours to 19 hours per week which would in effect take away her benefits. COUNCILMEMBER TOM PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT JOHN NORDQUIST, THAT ITEM NO. 1 OF ATTACHMENT 2 BE REMOVED FROM CONSIDERATION. COUNCILMEMBER BILL KASPER VOTED NO. MOTION CARRIED. Councilmember Earling requested an explanation on Items 14, 15, and 16. With regard to Item 14, the LEOFF Fund transfer, (page 34 of the budget book) Art Housler, Administrative Services Director, stated that on Brent Hunter's recommendation $40,000 was being placed into the catastrophic illness fund. That was cut by $10,000, so instead of $40,000 going in it would be $30,000. It would put a total of $65,000 into that fund rather than $75,000. A reminder of the goal worked toward was requested by Councilmember Earling. Mr. Hunter indicated this is a long-term care issue which we were trying to fund at the rate of $75,000 per year. The first year's funding was carried forward at $35,000 for 1994 and $40,000 was added to it in 1995. He is recommending that this be brought back down to $65,000. Item 15 Street Fund: Mr. Housler stated there was $370,000 transferred into the Street Fund. They reviewed the ending cash balance for 1994. There was budgeted $39,000, and it's going to be in excess of that -- another $31,000. Instead of $39,000, there will be $70,000 ending cash balance in the Street Fund. Therefore, that transfer was cut by $10,000. Item 16 Street Beautification Fund transfer: Mr. Housler explained this was to replace the trees growing on 220th along 76th through 84th. They were believed to be a liability because the roots were coming up and cracking the sidewalks. That project is going to be deferred until next year. Our risk manager said that if we level the bricks a little around the trees, we wouldn't have a problem. Student Representative Ellenann Chiddex asked about Item 22 which pertains to police medical and psychological exams. Mr. Housler stated this was budgeted in the police department. As it turned out, Approved City Council Minutes December 13, 1994 Page 11 there is enough money budgeted in the personnel budget so these are taken care of through that budget. Ms. Chiddex clarified that the exams were not being eliminated. Councilmember Dwyer observed Items 30, 31 and 32 takes us back to where we were a couple of years ago when there was no money being spent on volunteers. Fire Chief Mike Springer confirmed that is correct, stating they were not eliminating the volunteers, but that they would no longer fund them in a salary and would no longer increase the numbers as proposed for the beginning of next year. The volunteer number would remain the same. Councilmember Fahey asked about the impact of Item 29 (overtime for CPR classes). Chief Springer answered that would eliminate the teaching of the new CPR program by the fire department. He went on to say they would go back to their second choice of offering those classes in the Recreation Department. They initially started to go with that program. It would have to be presented to the Recreation Department to see if they could fit it in. Councilmember Fahey asked if that would then mean a fee charged for participation. The answer was that the cost would be $35. Councilmember Fahey requested clarification of Item 26 (police budget). She wanted to know what was taking place under the brackets. Mr. Housler indicated this was a realignment of part of his budget where the interfund rentals is for the police ordinance enforcement officer's vehicle. That was not properly funded. There was $13,000 taken out of equipment rental rates, and some of them had to be adjusted from department to department. The net of that is a reduction of $13,000, so this is an add -in. Councilmember Dwyer questioned Items 33 and 34. Fire Chief Springer indicated Item 33 is for pagers, nozzles, desk and chair. This was a catch-up they were trying to do over a four year period, and this was the third year. We will run short again on those. Councilmember Dwyer asked if Item 34 was related to the CPR training discussed earlier. Chief Springer confirmed that it was and surmised that if you are not teaching a class, there is no need to purchase mannequins. Councilmember Hall asked about Item 32 -- volunteer fire physicals. He asked if the volunteers had to pay for their own if Council doesn't budget for them. Chief Springer responded that if he were to take on new volunteers, for them to become part of the volunteer fireman retirement system they need a medical physical. They were going to pay for that on new volunteers. Councilmember Hall confirmed this is not needed on an annual basis. Physicals are only addressing the addition of new volunteer firefighters. Councilmember Hall put in a good word for fire volunteer salaries under Item 30. He feels that police explorers and others who help out ought to be paid something. Councilmember Petruzzi asked if there were any backup cuts and was advised there were not. He expressed surprise that the fire department would recommend that cut. He fought to get it back in a couple of years ago, but won't this year. If the Mayor and the Fire Chief want to cut it, then they are the ones responsible and not Council. Mayor Hall stated no one has fought harder for volunteers than she has. When she went to Staff and it is deemed we are going to deal with 103%, then there are Approved City Council Minutes December 13, 1994 Page 12 going to be cuts that all eight members do not agree upon. She went to Staff and Cabinet, and this is one that was recommended by the expert. Councilmember Dwyer didn't think it fair to categorize it that way. In fairness. $144,000 of items were added, and that is not the same as saying that when asked to come back with cuts that they want to cut something. We asked for cuts and got them. Now we are doing what we should be and ascertaining if these are tradeoffs we wish to make. He asked if we want to send someone to the NLC convention for $2,300 or do we trade off by reducing repairs and building materials of $2,230. Those are discussions we should be having. He was not surprised some of these cuts are the same as before. Council President Nordquist expressed interest in Item 44. Thinking along the same lines as Councilmember Hall, hiring a City Engineer by February 1 would almost be an impossibility. By the time you advertise and interview, you are looking at 60 days at least. Why not make it for the end of �{ the first quarter. The City has a good Acting City Engineer. Then we would have time to interview and go through the process. We could also pick up a few dollars. Mayor Hall stated they did look at that to defer. Mr. Mar advised Council President Nordquist that the City did advertise for filling the vacancy right after Mr. Alberts resigned. Numerous resumes were received and screened. They are in the selection process right now. They have purposely stretched this out to where it is possible to have a City Engineer by February 1. Council President Nordquist indicated he had not received any memorandum that advertising had taken place. His understanding was that that was to be held off until someone was hired at the treatment plant. Councilmember Kasper stated that the agreement was to first hire someone for the treatment plant and then work on the City Engineer position. Councilmember Petruzzi asked how much of an imposition would it be to extend it out. It could save us approximately $5,000 if we extended one month. That would pick up $5,000 for the volunteer firemen. Councilmember Earling asked Mr. Mar where they were in the process and what impact it would make on it if Council decided to move it back 30 days. Mr. Mar could not say specifically. He did advise the Council that they received resumes in early to mid -November. They have screened them and asked for follow-up information from the candidates, which has been received. They are now going through the resume screening process. No contact has been made with them. He senses that if it were deferred too much longer, we may not have their interest. Councilmember Earling said he hates to meddle in the process after starting. He would be very hesitant in trying to go out in some professional way to indicate we are going to hire somebody and then turn tail halfway through it. That would be counterproductive to the process. Mr. Mar suggested they could go through the selection and make the start date March 1 instead of the anticipated February 1. He went on to state that if in Council's deliberation of the cuts that have been imposed by Staff, they will do their best to comply with what everyone wants to do in terms of making the budget balance. He wasn't sure it would be wise, however, to make the selection in mid -January and have the start date April 1. Councilmember Kasper asked about the progress on the treatment plant. Mr. Mar stated the re - advertisement of the treatment plant manager closed Monday at 5:00 p.m. They will be scheduling interviews. He thinks these positions need to be filled as quickly as possible. Approved City Council Minutes December 13, 1994 Page 13 Councilmember Dwyer observed that 12 of the 58 items involve interfund rental transfers. He asked how it comes about that those items appear so frequently. Mr. Housler reaffirmed what Mr. Dwyer said earlier. A lot of these items have appeared before. As the Mayor's message said, this is a catch-up budget, so we transferred money that has not been transferred for the last couple of years to these funds to support construction, reserves, aid cars, etc. Those items were cut back in 1992 and 1993. Now because of the need to cut back, they have to come out again. We have fixed costs of about 60% for salaries and benefits to provide the service. Then when you add supplies, communication, utilities, etc., a lot of the services provided are fixed costs. Training is required. Police and fire are required to have this training; sewer and -water people are all required to have certification. State law requires these individuals to have training. Those are also fixed costs. With a catch-up budget, the funds were transferred into reserves and construction projects. It is difficult to fund construction projects from the General Fund. General Fund revenues basically are for maintaining the services of the City. It is not to rely on for construction projects. These transfers, for the most part, are for construction projects. Those get cut out. COUNCILMEMBER TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER BILL KASPER, THAT ON ITEM 44 WE DEFER HIRING THE CITY ENGINEER UNTIL MARCH 1 AND THAT WOULD INCREASE THAT REDUCTION TO $10,000 AND THAT WE TRANSFER THAT SAVINGS UP TO FIRE VOLUNTEER SALARIES, MAKING THAT A CUT OF $5,000. COUNCILMEMBER DWYER VOTED NO. MOTION CARRIED. Councilmember Dwyer thinks Item 13 would leave nothing in the budget for labor negotiations. Mr. Hunter stated we have $10,000 in the City Attorneys budget and $10,000 budgeted in the Personnel budget. They are taking $5,000 out of the City Attorney's budget and $10,000 out of the Personnel budget, for a total of $15,000. Councilmember Dwyer confirmed that this leaves $5,000 left out of $20,000. Mr. Hunter went on to say that with the police settlement, he doesn't feel we are going to need that at this point. For arbitration purposes, that leaves $5,000 for a grievance or clarification matter. Mayor Hall introduced Police Chief Tom Miller to relay the settlement news. The police department bargaining unit approved the settlement offer of the City 30-1; the support group approved their vote 11-0. Councilmember Hall asked for clarification of Item 39 which is to reduce housing study fee. He asked for a definition of the term and whether there was anything left. Jeff Wilson, Current Planning Supervisor, called Council's attention to page 88 where it shows $30,000 budgeted in the Mayor's proposal. They are reducing that by $5,000 to $25,000. Councilmember Kasper asked how they were going to get that done. Mr. Wilson responded that that was the estimated cost of the contract to do a housing study as part of the GMA Part of it is a housing inventory and then work on elements of the Comp Plan in terms of language relating to portable housing measures. He was asked if that could be done for $20,000 instead of $25,000. He and Mr. Chave have not talked in any detail in terms of what the cuts are. Approved City Council Minutes December 13, 1994 Page 14 Councilmember Petruzzi asked if anyone could find any more money for the fire program. COUNCILMEMBER STEVE DWYER MOVED, SECONDED BY COUNCILMEMBER TOM PETRUZZI, THAT ITEM 3 OF ATTACHMENT 1 BE DELETED TO FREE UP $2,300 AND THAT MONEY LEAVES THE FIGURE ON ITEM 30 ON ATTACHMENT 2 AT $2,700 REDUCTION. MOTION CARRIED. COUNCILMEMBER MICHAEL HALL MOVED, SECONDED BY COUNCILMEMBER BILL KASPER, TO TAKE THE REST OF WHAT IS NEEDED TO GET IT UP TO $10,000 OUT OF THE HOUSING STUDY FOR THE GMA. Councilmember Earling spoke against the motion. He indicated the Council was starting to cut money out of budgets without a clue as to what was going on as no one was there to defend it. He indicated he would vote against the motion. MOTION FAILED. COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCILMEMBER TOM PETRUZZI, TO DELETE FROM ATTACHMENT ONE ITEM 19, THE RECYCLE COORDINATOR ITEM AT $181000. Councilmember Earling indicated he would vote against the motion. He believes that Council has done a great deal to reduce the cost of this by looking into the possibility of doing a job share with Lynnwood. He believes it an important element of our city nature to be affirmative in trying to address environmental needs. He sees a very real need for this program and also has observed the program grow in quality. He thinks it is wrong. Mayor Hall agrees. With the new recipes for plastics depth comes with it another depth that any Recycle Coordinator needs to know. Those types of things are in the educational realm. He goes into the school and has a very good rapport with the school children. Councilmember Dwyer asked Mayor Hall why she didn't put this spot in her budget. Mayor Hall's response was that it was left in the your 3%. Mr. Dwyer doesn't think there is an "our" 3%. He further stated she had a 3% increase and a budget; she gave it to Council as her recommendation. He stated he had defended her ability to do so. He stated to Mayor Hall that she made the decision to fund this position when she gave them the budget with it excluded. He advised Mayor Hall that if it was that important and something that should be done, it should have been in the budget to the exclusion of something else. He feels it unfair to not put it in the budget and then criticize Council for not correcting any mistake. Mayor Hall stated her belief that there could be funding capabilities now, with at least two additional agencies. There may be some relief in funding that position. ROLL CALL OF COUNCIL: COUNCILMEMBER DWYER, YES; COUNCILMEMBER EARLING, NO; COUNCILMEMBER FAHEY, NO; COUNCILMEMBER HALL, NO; COUNCILMEMBER KASPER, YES; COUNCIL PRESIDENT NORDQUIST, YES; COUNCILMEMBER PETRUZZI, YES. 4-3 MOTION CARRIED. COUNCILMEMBER TOM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO REMOVE THE REMAINING $2,700 THAT WAS TO BE TAKEN FROM THE FIRE VOLUNTEERS' SALARIES FOR A TOTAL OF ZERO. MOTION CARRIED. Approved City Council Minutes December 13, 1994 Page 15 Ellenann Chiddex asked about Item 29 on Attachment 2 where the fire .department is cutting the CPR classes and then moving it to the Rec Center. She thinks there are a lot of people who will not pay $35 to take CPR classes, but there will still be a lot of people in need of CPR She disagrees with that move. She suggested the possibility of cutting back and not having as many classes available, but having some available. Chief Springer remarked that could be done. However, when they went into the budget, they were looking at large sums of money to cut and not smaller sums. Councilmember Petruzzi thinks with the cutting of the $18,000 they found that $4,800. Councilmember Dwyer pointed out there are also other items to go with that. Councilmember Petruzzi led a discussion of where the budget now stood. It was determined there was an overage of $13,600. Mayor Hall addressed the concerns of the student representative as it concerned. other categories, such as the mannequins. Ms. Chiddix indicated her belief that the fire department already had some equipment which could be used for classes. Chief Springer described the difference between the old mannequins and the new ones that were proposed. They find people. will not practice on the mannequins. Without the practice, they just get a completion, not certification. He also related that the mannequins account for only a portion of Item 34. Two mannequins total $1,200. The remainder is for a stretcher for the aid car. Councilmember Hall indicated his overall pleasure with the budget progress except for the Recycle Guy. COUNCILMEMBER MICHAEL HALL MOVED, SECONDED BY COUNCILMEMBER DAVE EARLING, TO MOVE $13,600 BACK INTO THE RECYCLE GUY'S SALARY. Discussion followed indicating the motion may be premature and that the rest of the budget should be considered before allocating all this money. Councilmember Hall thinks the program could help the City in the long run as to liability issues. Paul Mar said he had received word today that in the Lynnwood budget the Recyle Coordinator function has survived through that process. Mr. Mar explained that with the County right now, for every dollar spent for either labor or non -labor expenses, the County funds 250 and the local jurisdiction would put in 750. Councilmember Kasper asked what they did last year. Mr. Mar believed it to be 50-50. Councilmember Petruzzi indicated he would vote no until the specific question is answered as to whether there are any other items that need to be replaced. If there are none, he would be amenable to another motion. MOTION WITHDRAWN. With regard to Item 51, Councilmember Fahey asked what we were not doing in terms of repair and maintenance that should be done. Mr. Mar indicated there is $64,430 budgeted for that. In the notes on the right hand page, the $2,230 was cut from a variety of items. Councilmember Kasper asked which fund number is involved. Approved City Council Minutes December 13, 1994 Page 16 It was clarified that it was general fund money. Mr. Mar stated that basically what we are doing is taking money out of miscellaneous supplies and out of structural steel. Councilmember Fahey indicated she did not understand how you can arbitrarily eliminate some structural steel if it is an item that you need; what was it to be used or whatever it is. Mr. Mar indicated it is the best guestimate we have based on historical record in grounds maintenance on repairs that have to be made and things like that . This budget is based on that. The Grounds Supervisor determined what cuts they could live with. Councilmember Fahey stated that she is also a supporter of the Recycling Guy and would like to see it stay in the budget because we are moving consistently into the green mentality and absolutely have to do everything to reutilize our resources. The City should be record as supporting that and sets the tone for what the whole community does. If the City doesn't endorse that, how can we really encourage our public to do that. There is one area that hasn't been addressed. We automatically agreed to fund about $10,000 for the historical museum and it was for an alarm system and for carpeting. She said they should consider the alarm system because it is really important and find a way to assist them with their budget in doing some things that are related to tourism, where some of their expenses could be funded from the hotel/motel tax. Councilmember Fahey stressed this is a totally independent group and we maintain the facility for them but possibly could split up their needs, find another way to address this, and free up another $5,000 to put into the Recycling Guy. Mayor Hall inquired if that was directed to the alarm system. Councilmember Fahey clarified that she would like to see the alarm system funded and then try to find some other way this next year to assist them in their budget out of some other fund, or defer the carpet to next year. Councilmember Petruzzi did not want to cut the budget to the museum; however, there is $13,600 remaining. COUNCILMEMBER EARLING MOVED THAT $13,600 TO BE PUT INTO THE RECYCLING PROGRAM. THE MOTION WAS SECONDED BY COUNCILMEMBER FAHEY. Councilmember Kasper asked if this entails that we will join with Lynnwood and Mountlake Terrace or not spend the money. Mayor Hall responded that what has been the goal. Councilmember Earling stressed that we are not going to hire somone on our own for $13,600. Councilmember Kasper wanted to be sure that was in the motion so that money is not switched around like last year. RESTATED MOTION: COUNCILMEMBER EARLING MOVED TO FUND THE $13,600 AND TO TRY AND COOPERATE WITH SOME OTHER ENTITY TO HAVE A FULL-TIME RECYCLING POSITION. SECONDED BY COUNCILMEMBER FAHEY. Approved City Council Minutes December 13, 1994 Page 17 MOTION CARRIED, WITH COUNCIL PRESIDENT NORDQUIST AND COUNCILMEMBER DWYER VOTING NO. Regarding Item No. 16, Councilmember Dwyer noted a deletion of a $15,000 transfer from the General Fund to the Street Beautification Fund #114. There is a Beginning Cash Balance of $14,700 and $20,000 worth of projects scheduled for 1995. This deletion takes us into the negative in Fund 114. Councilmember Dwyer asked what projects will not be done in order to stay in the black. Paul Mar answered that there is only one project in the 114 Fund and that was the 220th Street project that Mr. Housler discussed earlier, which was not doing the tree replacement program, but do the repair of the bricks to comply with staying with a risk manager's suggestions. In wrapping up the General Fund, COUNCILMEMBER PETRUZZI MOVED THAT WE ACCEPT ITEMS AS SUBMITTED BY THE CITY IN MAYOR HALL'S LETTER OF DECEMBER 13TH, SPECIFICALLY ON ATTACHMENTS 1 AND 2. ON ATTACHMENT 1, WE ACCEPT THE REVISIONS WITH THE FOLLOWING EXCEPTIONS: ITEM NO.3, ATTEND NLC CONVENTION OF $2,300 IS DELETED; ITEM NO. 19, RECYCLE COORDINATOR IS REDUCED FROM $18,000 TO $13,600. ATTACHMENT 2: ITEM NO. 1 - THE $5,300 TO REDUCE COUNCIL SECRETARY HOURS TO 19 HOURS IS DELETED FROM THAT ATTACHMENT; ITEM NO.30 - FIRE VOLUNTEER SALARY IS REDUCED TO A FIGURE OF ZERO; ITEM NO. 44 DEFER HIRING ENGINEER IS CHANGED FROM FEBRUARY 1 TO MARCH 1, 1995 AND THE LINE ITEM INCREASED TO A TOTAL OF $10,000. OTHER ITEMS IN THE GENERAL FUND ARE: SALARY POOL OF $300,000 WHICH HAS NOW BEEN ESTABLISHED BY THE ADDITION OF $10,000 ON ATTACHMENT NO. 1 IS HEREBY TRANSFERRED TO THE COUNCIL CONTINGENCY FUND UNTIL THE COUNCIL CAN REVIEW THE RECOMMENDATIONS MADE BY THE MAYOR THIS EVENING; AND ONCE THEY HAVE COMPLETED THEIR REVIEW AND THE COUNCIL HAS COME TO A CONCLUSION ON THE RECOMMENDATIONS, THE APPROPRIATE AMOUNTS WILL BE TRANSFERRED BACK TO THE SALARY POOL FUND. COUNCILMEMBER HALL SECONDED THE MOTION. Under discussion, Art Housler noted that with the settlement of the contracts tonight, that $10,000 would go to the Police Department and requested reconsideration that $290,000 is Approved City Council Minutes December 13, 1994 Page 18 available. Councilmember Petruzzi concurred to correct the amount of $290,000. The seconder agreed. Councilmember Dwyer agreed that a lot of the expenditures on Attachment 1 are inevitable or otherwise necessary. The items that are going to rear their head in the future are those cuts that are on Attachment 2 that are not really cuts. He noted 12 of the 58 items are interfund transfers that at one time or another are going to have to be made and just means we are increasing the future years number by the amount that we are not spending this year. Similarly, the deletion of the $10,000 from the LEOFF Fund transfer, that is a significant future liability that we know is coming down the road. We arrived at a plan about how we were going to address it and we haven't been able to stick with it. That is not $10,000 that is saved but ultimately is deferred. Those are the ones on the list that can be played with next year. Mayor Hall responded to Councilmember Dwyer's comments. Councilmember Petruzzi commented that the cuts were recommended by the Mayor and the staff. Before the vote was taken, Personnel Manager Brent Hunter noted that the Salary Pool, because of the police settlement, should be $217,500. That will leave the police costs in the Police Department. However, Councilmember Petruzzi emphasized that his motion stands with $290,000, and we can then do a very quick motion when it is necessary to transfer it back out. Councilmember Petruzzi called for the question. Art Housler responded that we are going to prepare the final budget at which point Councilmember Petruzzi called for Point of Order as he had called for the question. Mayor Hall emphasized that we have to have a final budget prepared. To clarify, Art Housler stated that you will have a book that will come out that will be inaccurate. The Police'Department for one will be understated by $82,000. Councilmember Petruzzi asked if it was impossible to make a motion this evening after this. Mr. Housler responded no. A roll call vote was taken. THE MOTION CARRIED, WITH COUNCILMEMBER DWYER VOTING NO. Councilmember Earling acknowledged Brian McIntosh who had been waiting to address the Council. Mayor Hall called Brian McIntosh to the podium regarding the youth fitness center. COUNCIL PRESIDENT NORDQUIST MOVED TO EXTEND THE MEETING TO 12:00. SECONDED BY COUNCILMEMBER DWYER. MOTION CARRIED. Recreation Coordinator Brian McIntosh stated that the Council directed staff to go out to the community and investigate if there were any areas available for this particular program. Staff 41, looked at every piece of real estate close to the bowl area; one that was either available, or two, might become available. There just isn't any available at this moment. The needs for the program don't go away just because there is not a piece of property not available. It is a sign of the Qsuccess that we have had with our gymnastics program along with alot of others. Kids grow up Approved City Council Minutes December 13, 1994 Page 19 and we are trying to hang on to them. Unfortunately as they get more skilled, by the time they are 10 or 11 years old, they start hitting the ceilings and the walls. Mr. McIntosh asked Council's help in finding some place to move to that is going to work, or provide suggestions. Staff would like to expand the program and think it is a great revenue maker and the Public Works facility is a positive place where we can pay the rent and if it is temporary for a year or two that will give us some breathing time to find another space or work out a cooperative situation. Not knowing what the future use of the Public Works facility will be, staff would like to make constructive use of it. Mayor Hall asked how long it would take to be in and functioning. Mr. McIntosh responded that they are very portable. Once it is cleaned up and painted, it would take about a month to get equipment and a couple of days to get in and going. He stated February 1 would be possible. He also noted a number of parents are following this. Councilmember Fahey inquired what was the new total cost to be doing this was? Brian McIntosh replied that the cost of $60,000 previously proposed could be reduced by looking at the facility as a temporary site, having no administrative staff and considering other factors, could cost approximately $37,000. Councilmember Kasper asked if this was market rent. Brian McIntosh stated that $12,000 is rent for a portion. Councilmember Kasper advised this is still scheduled for the Fire Department, and we have things in the mill you are not aware of. Until those are resolved, we can't do anything. Mr. McIntosh asked if there was a time line. Councilmember Kasper said we are working on it. Councilmember Fahey added that she appreciated the proposal and creativity in trying to create something meaningful for our youth, which she would really like to find a way to consider it for this year with that facility, but to some degree concurred with Councilmember Kasper that it is almost impossible to plan because we need some kind of flexibility to figure what we are going to do with the different departments in the city in order to give additional space. Until we can come up with the final answer and to make this kind of commitment could just set up everybody for disappointment. She thanked Brian McIntosh for the proposal. Mayor Hall said this is a portable type program and Councilmember Fahey asked to where? Mayor Hall felt it was wise use of that building rather than a liability. Councilmember Petruzzi wished to dispense with one item regarding the request for the Sister City Program. Regarding ending cash in the Hotel/Motel Fund, Art Housler stated in Fund 120 there is a cash balance. COUNCILMEMBER PETRUZZI MOVED TO TRANSFER $2,000 FROM THE ENDING CASH BALANCE OF FUND 120 TO FINANCE THE REQUEST FOR THE SISTER CITY PROGRAM FOR 1995. SECONDED BY COUNCILMEMBER EARLING. MOTION CARRIED. Approved City Council Minutes December 13, 1994 Page 20 NV Councilmember Petruzzi began discussion on funding of Highway 99. Administrative Services Director Art Housler reported that on Councilmember Petruzzi's page 3 that staff was to take $165,700 from Fund 325 which turned out legally we could not do. We looked at another option of taking the money that was supposedly transferred out and that was not the case. Mr. Housler was instructed to provide some options for these monies, shown on Attachment 3 which listed seven (7) options. . Councilmember Petruzzi reviewed the options provided. He asked what the net effect would be if we take something from either one or maybe both. Community Services Director Paul Mar commented that on the 412 Fund option, page 142, in the Water Projects there is an Ending Cash Balance of $142,000 and in Drainage Projects there is an Ending Cash Balance of $457,000. Acting City Engineer Jim Walker stated that it would involve general type projects, but in the Drainage projects 200 account, it probably won't have any immediate effect because we have built a substantial cash balance to handle some major projects, like Perrinville Creek, etc. Those projects haven't come up yet. The Water Projects 100 will mean that we will have to somewhat reduce our water program, or depending on revenue projections, for 1996. Exterior coating for both reservoirs may be reduced to one. Mr. Walker provided further clarification for Councilmember Petruzzi and noting that some projects may have grant money. Councilmember Earling asked if we took $150,000 out of the Drainage 200 Fund, and if Perrinville Creek project came together towards the end of the year, is there still enough money to do it? Mr. Walker answered that there is probably enough, depending on how the cost share works out. He explained that it will depend on what part of the drainage basin we own at the time. It may depend on the Perrinville annexation in part and on how the cost share works out between Edmonds, Lynnwood, the County and grants. We may also have a hard time getting into the next grant's cycle for that year. Community Services Director Paul Mar also noted that looking at the timing of the cash needs for the SR 99 project presented two weeks ago in the Mayor's memo, it looks like the construction for SR 99 based on the schedule that is known to date would not begin until mid- 1996. We have earmarked $400,000 in this budget. COUNCILMEMBER NORDQUIST MOVED BASED ON THE CITY ENGINEER'S RECOMMENDATION, PASSAGE OF ITEM #1, TRANSFERRING $100,000 FROM THE DRAINAGE PORTION OF FUND 412 TO THE 99 PROJECT. COUNCILMEMBER PETRUZZI SECONDED THE MOTION. MOTION CARRIED. COUNCILMEMBER KASPER MOVED THAT WE TAKE $220,000 OUT OF THE $270,420 CASH BALANCE IN THE 112 - 300 FUND, DESIGNATED ENDING CASH BALANCE RESERVED FOR SR 99. COUNCILMEMBER EARLING SECONDED THE MOTION. Councilmember Petruzzi asked if the 112 Fund was correct. Mr. Housler stated that was correct. Approved City Council Minutes December 13, 1994 Page 21 MOTION CARRIED UNANIMOUSLY. Councilmember Kasper also stated that in the Capital Improvement Funds, he is requesting a modification on page 150 that we will roll the $400,000 for 1996 up to $500,000. To clarify, Councilmember Kasper stated that starting out with $410,220, we are now adding $100,000. That gives us $230,000, so we will need $180,000 to make $500,000 in that fund by G the 1996 budget. Councilmember Kasper wanted that identified. It was the consensus that this would not be done by motion but be in the record of what we are doing. Councilmember Petruzzi noted one item which was not addressed. He is looking for funding options for SR 99 project and he was also looking for about $65,000 for the street overlay fund, which is the I I I Fund. The only thing left in the options which seem viable is #5 which is a transfer of $100,000 from the Park Acquisition Fund 125. He asked what would happen if we transferred say $65,000 to the park fund. Would it injure it, would it delay something, or is there a way to transfer some of that money? Art Housler stated there is $356,600 in the cash balance for 1995 in the 125 Fund on page 138. Mr. Mar corrected that there is $311,000 as there was an adjustment two weeks ago in the work session because we had made an error. COUNCILMEMBER PETRUZZI MOVED THAT WE TRANSFER $65,000 FROM THE PARK ACQUISITION FUND 125 TO FUND 112 FOR THE STREET OVERLAY PROGRAM. COUNCILMEMBER KASPER SECONDED THE MOTION. MOTION CARRIED UNANIMOUSLY. Concerning the salaries, Art Housler stated that the original motion called for $290,000 from the salary pool be placed in the Council Contingency Fund. With the settlements for the Police and Police Support, $72,480 should be put into the Police Department, as it will already be expended and allocated. Therefore, the transfer should be $217,520 from the salary pool, which would make it zero and placed in the Council Contingency Fund 119. COUNCILMEMBER DWYER MOVED TO TRANSFER $72,480 FROM THE SALARY POOL TO THE POLICE DEPARTMENT , SECONDED BY COUNCIL PRESIDENT NORDQUIST. MOTION CARRIED, WITH COUNCILMEMBER KASPER VOTING NO. Councilmember Fahey asked for clarification as to funding of some officer positions if we were to get some grant monies, there was a proposal to do a retroactive tax back to last year and didn't understand the concept. Her question was if we don't do a tax increase now for the potential of funding those positions, if the grant monies did come through, at the end of next year, could we fund those retroactive out of this year if necessary? Does that leave us a door open to accept those grant monies if they become available? Mr. Housler explained that if you don't pass the 3% this year and pass it next year to pay for police officers that were hired in March or whenever through the grant, the Council can do that. Approved City Council Minutes December 13, 1994 Page 22 Councilmember Dwyer cautioned that it is not retroactive which gave some bad press a few years ago. It doesn't go back and tax the property owners for this year, it taxes property owners for next year. Councilmember Fahey understood that part of the concept but wanted to make sure we could go back. Police Chief Miller noted for clarification that when the Department of Justice makes the announcement on February 1, what they will be looking for is if the application was submitted with the intent that it would be funded and matched at that time. So, we would have to make a commitment or the funding they propose is lost. Councilmember Fahey responded that by the same token we could find the funds some place with the idea of reimbursing if necessary. Mr. Housler stated it could be say taken from the Equipment Rental "B" Fund which has a million dollars in it. Councilmember Petruzzi left the room and the following item was addressed: PROPOSED ORDINANCE DECLARING AN EMERGENCY. EXTENDING THE SUNSET CLAUSE OF THE EDMONDS INTERIM CRTTICAL AREAS ORDINANCE WITH A HEARING DATE OF JANUARY 17 COUNCIL PRESIDENT NORDQUIST MOVED, SECONDED BY COUNCILMEMBER DWYER, TO PASS ORDINANCE NO. 2998 WHICH IS AN ORDINANCE OF THE CITY OF EDMONDS DECLARING AN EMERGENCY AND ENACTING AND REENACTING THE EDMONDS INTERIM CRITICAL AREAS ORDINANCE, CHAPTER 20.15(B) OF THE EDMONDS COMMUNITY DEVELOPMENT CODE FOR SIX MONTHS AND REQUIRING A PUBLIC HEARING WITHIN 60 DAYS FROM THE ADOPTION OF THIS EXTENSION AND ESTABLISHING THE EFFECTIVE DATE AS THIS DATE OF ADOPTION. MOTION CARRIED. (Councihnember Petruzzi was not present for the vote on this matter.) Council President Nordquist informed the Council that Mayor Hall has three names to submit for the Hearing Examiner position. He stated the Council needs to set a date to interview the three candidates. It was the consensus of the Council to meet on Monday, December 19, 1994, at 6:00 p.m. in the Community Services Building Conference Room. COUNCIL DELIBERATION ON 1995 BUDGET AND PASSAGE OF PROPOSED ORDINANCE LEVYING 1995 REGULAR PROPERTY AND EMERGENCY MEDICAL SERVICES TAX COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCIL PRESIDENT Q NORDQUIST, TO PASS ORDINANCE 2999 LEVYING 1995 PROPERTY AND EMERGENCY MEDICAL SERVICE TAXES AS RECOMMENDED BY THE MAYOR Councilmember Kasper clarified that the EMS is 41 cents. Council President Nordquist responded that is correct. CA Approved City Council Minutes December 13, 1994 Page 23 MOTION CARRIED. (Councilmember Dwyer voted no.) MAYOR HALL Mayor Hall reported a letter was received in this evening's packet from Echelbarger Development regarding road maintenance. COUNCIL Councilmember Dwyer stated the Port Commission has appointed Dan Prinz as a member. Mr. Dwyer wanted to publicly wish him well in this new endeavor. Councilmember Earling reported there is a public hearing tomorrow for RTA He asked if a Councilmember would be able to attend the public hearing and read the Resolution of the Council with �/\ P regard to the RTA Phase One Plan. Councilmember Fahey stated she was planning on attending the hearing and she would be happy to read the resolution. Councilmember Fahey stated a memo was received from the City Attorney relating to the process of appointing a Councilmember. A comment in the memo stated the appointed Councilmember would finish out the term. Ms. Fahey stated it was her understanding that person would need to run for reelection next fall. City Attorney Scott Snyder stated the law changed January 1, and he made a mistake. The appointed individual would need to run for election at the next city municipal election. Mr. Snyder will provide a corrected memo. Councilmember Petruzzi questioned when the process for appointing a Councilmember could begin. Mr. Snyder stated the process could begin by advertizing and establishing the process. However, the vacancy does not occur until Mr. Dwyer resigns. The only two issues that should be reserved until the date of resignation are the nominations and actual vote. At 10:42 p.m. the Council adjourned. 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. Approved City Council Minutes December 13, 1994 Page 24 AGENDA IrwEDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 -10:00 p.m. DECEMBER 13, 1994 SPECIAL MEETING COUNCIL COMMITTEES CANCELLED DUE TO BUDGET WORK SESSION 7:00 p.m. - EXECUTIVE SESSION ON LEGAL MATTERS CALL TO ORDER - 7:30 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 6, 1994 (C) APPROVAL OF CLAIM WARRANTS #945554 THRU #946271 FOR THE WEEK OF DECEMBER 5, 1994, AND ADDITIONAL CLAIM #946126 FOR WEEK OF NOVEMBER 28, 1994 (D) APPROVAL OF PETTY CASH EXPENDITURES FOR MONTH OF NOVEMBER, 1994 (E) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH KARIN NOYES FOR PLANNING BOARD MINUTE TAKER (F) PROPOSED RESOLUTION APPROVING RATE ADJUSTMENT PROPOSED PURSUANT TO FCC FORM 1210 FOR CHAMBERS CABLE FOR PERIOD APRIL 1, 1994 THROUGH SEPTEMBER 30, 1994 (G) AUTHORIZATION FOR MAYOR TO SIGN POLICE LABOR UNION AGREEMENT (H) AUTHORIZATION FOR MAYOR TO SIGN POLICE SUPPORT LABOR UNION AGREEMENT (1) AUTHORIZATION TO SIGN DETOUR AGREEMENT WITH WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR THE EDMONDS FERRY TERMINAL REHABILITATION PROJECT 3. (15 Min.) SELECTION OF CITY ATTORNEY 4. (5 Min.) . SELECTION OF PROSECUTOR 5. (5 Min.) SELECTION OF PUBLIC DEFENDER 6. (20 Min.) AUTHORIZATION TO ADVERTISE FOR PROFESSIONAL SERVICES TO PERFORM FEASIBILITY STUDY LOCATING AN AQUATIC/RECREATION COMPLEX AT THE NEW EDMONDSMOODWAY HIGH SCHOOL 7. BUDGET WORK SESSION & FINALIZATION OF BUDGET 8. (5 Min.) COUNCIL DELIBERATION ON 1995 BUDGET AND PASSAGE OF PROPOSED ORDINANCE LEVYING 1995 REGULAR PROPERTY AND EMERGENCY MEDICAL SERVICES TAX 9. (5 Min.) MAYOR 10. (15 Min.) COUNCIL 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 Council Meeting Is not televised.