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.
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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
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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
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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
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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.
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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.
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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:
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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
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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.