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01/31/1995 City CouncilAPPROVED CITY COUNCILMINU7FS L///S/J EDMONDS CITY COUNCIL APPROVED MINUTES JANUARY 31,1995 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. I The meeting was preceded by the flag salute. ELECTED OFFICIALS PRESENT Laura Hall, Mayor ' Tom Petruzzi, Council President Barbara Fahey, Councilmember William Kasper, Councilmember Michael Hall, Councilmember Dave Earling, Councilmember John Nordquist, Councilmember 1. 2. APPROVAL OF AGENDA STAFF PRESENT Tom Miller, Police Chief Michael Springer, Fire Chief Art Housler, Administrative Services Director Brent Hunter, Personnel Manager Noel Miller, Superintendent of Public Works Arvilla Ohlde, Parks and Recreation Manager Jeff Wilson, Current Planning Supervisor Scott Snyder, City Attorney Rhonda March, City Clerk Sandy Chase, Deputy City Clerk COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO APPROVE THE AGENDA AS SUBMITTED. MOTION CARRIED. CONSENT AGENDA ITEMS Councilmember Earling requested that Item B be pulled from the agenda. Councilmember Nordquist requested Items F, G, I and J be pulled from the agenda. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The items approved are as follows: (A) ROLL CALL (C) APPROVAL OF MINUTES OF JANUARY 24,1995 (*This item was later pulled.) (D) APPROVAL OF CLAIM WARRANTS #950016 THRU #950504 FOR THE WEEK OF JANUARY 23,1995 (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MARGARET DOYLE ^, ($97.38) AND FLORENCE WATSON ($2,567.72) (H) RESOLUTION 808 FOR PERRINVILLE ANNEXATION AREA Approved City Council Minutes January 31, 1995 Page 1 (K) RESOLUTION 809 REQUESTING PARTICIPATION AND ASSISTANCE OF ASSOCIATION OF WASHINGTON CITIES AND NATIONAL LEAGUE OF CITIES - RELATING TO CITIES' ZONING POWERS FOR SINGLE FAMILY ZONING Councilmember Earling stated he pulled Item B in order to make a correction to page 31 of the Minutes of January 17, 1995. The roll call vote on the motion on that page needs to be corrected to reflect that he was a yes vote, creating a 3-3 tie, with the Mayor voting yes. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, THAT THE MINUTES OF JANUARY 17, 1995, REFLECT THAT COUNCILMEMBER EARLING'S VOTE WAS YES ON THE MOTION ON PAGE 31 AND BECAUSE OF THAT THERE WAS A 3-3 TIE, AND THE MAYOR THEN BROKE THE TIE WITH A YES VOTE. WITH THIS CORRECTION, ITEM B IS APPROVED. MOTION CARRIED. Item B is as follows: (B) APPROVAL OF MINUTES OF JANUARY 17, 1995 Councilmember Kasper stated he would like to make a correction to the minutes of the January 24, 1995 meeting. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO RECONSIDER THE MINUTES OF JANUARY 24, 1995. MOTION CARRIED. Councilmember Kasper referred to page 18, paragraph 1, of the January 24 minutes. He wanted the minutes to reflect that he pointed out that B-1 employees listed on the agenda memo presented by staff had to be incorrect. The B-1 level is the fifth highest job in the City and it was listed lower than all the other B classified jobs, through the B-2. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER KASPER, THAT THE DRAFT MINUTES OF JANUARY 24, 1995 ARE NOT APPROVED UNTIL CORRECTIONS ARE MADE ON PAGE 18 AS PER COUNCILMEMBER KASPER'S REQUEST. MOTION CARRIED. Councilmember Nordquist requested clarification regarding Item F. He noted he has seen the figure of $10,000 as the appropriation required for this matter. Arvilla Ohlde, Parks and Recreation Manager, responded the figure did appear before so the Council was aware it was a minor consultant selection. Mr. Nordquist further asked who participated on the interview team. Ms. Ohlde stated the team consisted of Jeff Wilson, Planning Supervisor, Shirley Murdock, Citizen, Paul Mar, Community Services Director, Arvilla Ohlde, Parks and Recreation Manager, and Brett Carlstad, School District. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER a KASPER, FOR THE PASSAGE OF ITEM F. MOTION CARRIED. Item F is as follows: U (F) APPROVAL OF CONSULTANT SELECTION FOR LIMITED FEASIBILITY STUDY FOR J LOCATING AN AQUATIC/RECREATION COMPLEX AND AUTHORIZATION TO BEGIN \(� CONTRACT NEGOTIATIONS Approved City Council Minutes January 31, 1995 Page 2 Regarding Item G, Councilmember Nordquist inquired about the age of the truck to be sold. Noel Miller, Public Works Superintendent, stated he believes it is a 1983 truck. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, FOR THE PASSAGE OF ITEM G. MOTION CARRIED. Item G is as follows: (G) AUTHORIZATION TO REQUEST SEALED BIDS FOR UNIT 20, A SURPLUS DUMP TRUCK Councilmember Nordquist stated he pulled item I due to a concern with some of the bidding process that is being used. In particular, he noted the City is using The Herald Newspaper which is a fine County paper, however, in order to receive active bidders it is necessary to get into the marketplace of Seattle/King County. He suggested the City use The Daily Journal or The Seattle Times. He noted that in this case only one bid was received. Noel Miller stated that normally The Daily Journal -picks up on the bids and makes an announcement; however he noted the City could advertise formally in that journal. He further indicated all potential bidders are sent bid packages. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER HALL, FOR PASSAGE OF ITEM I. MOTION CARRIED. Item I is as follows: (I) REPORT ON BIDS OPENED JANUARY 23, 1995, TO PURCHASE CHEMICAL STORAGE CONTAINERS AND AWARD OF BID TO PD SYSTEMTECHNIC, INC. ($8,568.00) Councilmember Nordquist stated he pulled Item J because in reviewing the document he feels uncomfortable about the clause regarding the buyer notification disclosure statement. He stated he would like to have a legal opinion. Mayor Hall pointed out Councilmember Cathy Reese from Mukilteo is present in the audience, and she is ready to speak to this issue. City Attorney Scott Snyder suggested moving this item to a discussion item in order to allow Ms. Reese to speak. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO MOVE ITEM J TO THE DISCUSSION PORTION OF THE AGENDA AS ITEM 3, AND MOVE THE REMAINING DISCUSSION ITEMS DOWN. MOTION CARRIED. Mayor Hall also welcomed County Councilmember Gary Nelson who was present in the audience. Responding to further questions of Councilmember Kasper concerning Item G, Noel Miller indicated that if bids are not received for the truck, it is intended to take the truck to the auction. 3. PROPOSED RESOLUTION SUPPORTING RECOMMENDATION CONTAINED IN 1994 PAINE FIELD MASTER PLAN AND NOISE STUDY Cathy Reese, Mukilteo Councilmember, 9761 Marine View Drive, Mukilteo, addressed the Council. She stated that as part of the Paine Field Master Plan and Noise Study Update 150, a recommendation has been made by Paine Field to include a formal buyer notification document that has never been requested before. Approved City Council Minutes January 31, 1995 Page 3 The Master Plan is based on full build -out 20 years from now, and it states that occupants of properties within the airport influence area may be subject to inconveniences or discomforts arising from aviation activities. The Paine Field Community Council recommended that the airport influence area be enlarged to include all properties within 5 miles of Paine Field. All of Mukilteo falls within that foot print. Ms. Reese stated it was their feeling this would detrimentally affect property values. They support the document referred to as an "Airport Information Guide" that could be made available to anyone wishing to buy property within that area; however, they are objecting to the formal notification process that the Plan is requiring. They feel the statement is too strong and that the airport influence area is too large. Responding to questions of Council President Petruzzi, Ms. Reese stated the realtors currently have a disclosure form, and they are obligated by law to disclose that there is an airport. They do not want to enter into that process at all. However, they do not think the proposed formal notification that would have to be signed prior to closing a real estate transaction is necessary at this point. Ms. Reese stated Everett has indicated their concern about this issue, and she believes they will pass this resolution. Council President Petruzzi commented he believes there is a "chilling effect" when a document is placed before individuals and they are told they have to sign it. He would like to know if there would be any legal obligation if this resolution is passed. City Attorney Scott Snyder stated there is no statutory duty on the part of the City of Edmonds to require this disclosure. He believes it is more of a political than a legal issue. In drafting the resolution, Mr. Snyder stated the resolution indicates opposition but does not include any commitment by the City to oppose or refuse to comply. Councilmember Kasper commented it is his understanding that the City is subject to suit if a document such as this is supported. It is not in the title report and the parties are supposed to know that it is there. Mr. Snyder stated the resolution provides for record as opposed to actual notice to a purchaser of a home. The record would typically include a map, legal description, and notice of the existence of the airport with a description of the footprint. Mr. Kasper indicated this resolution is coming to the Council late. He pointed out there is a representative of the City who participates on the commission and the Council has not heard from him on this matter. He noted concern about moving forward on this without discussing it with the representative. Ms. Reese responded to questions and stated February 2 is the deadline for submittal of this resolution. She does not know if Lynnwood has taken action on this matter. Councilmember Earling advised that State Law changed the first of the year to include a requirement that an individual disclosure form be filled out by each seller as part of the closing process. He feels there would be some opportunity for the seller to disclose to the buyer without the kind of notification being suggested by the Master Plan. Councilmember Hall agrees there is a "chilling effect" with these kinds of disclosure statements. However, he is also concerned about the City Council going on record as opposed to disclosure statements. He is concerned that it may place the Council as defendants in anyone's lawsuit who would be suing the real estate agent or anyone else that did not disclose this kind of issue. City Attorney Scott Snyder stated he views this as the Council stating its political position. It is his opinion that it is a legislative act that would not subject the Council to suit. Approved City Council Minutes January 31, 1995 Page 4 Councilmember Fahey pointed out a concern that the Council is hearing a presentation from one side of this argument. The Council has not heard the history behind the proposal as it was presented. It was her understanding that there are a lot of citizens who feel they were not adequately informed prior to the purchase of property that in fact they were very near an airport. She would hate to see an official signed notification, but she would also hate to see a situation set up where people are not adequately informed. Ms. Reese stated it is their belief that if an individual is required to sign a document as part of the closing of a sales transaction, and this has never been required before, it is a "hot button." They believe that the property values in Mukilteo are being adversely affected just by the fact that the airport is there. Now, if people are being asked to sign a document that says "You may be subjected to inconveniences or discomforts arising from aviation activities," it would further adversely affect them. She pointed out this is a general statement, and once signing this document, people may be concerned that they have released any future rights with regard to the property. Gary Nelson, County Councilmember, 9710 Wharf Street, Edmonds, stated the County is trying to assemble as many responses from respective cities as possible. The issue has been debated by the County Council. He agrees with Councilmember Reese that the document has gone a little too far. Councilmember Kasper asked if this requirement has been made of any other airport in the state. Ms. Reese stated she is not aware that this has ever been required anywhere. Mr. Kasper does not feel the Council has all the information. Council President Petruzzi stated he believes there are procedures in place that will give people who come to Mukilteo to buy a house the opportunity to know what is going on in the community. He believes the requirement to sign a document as part of the closing of a sales transaction is "over kill". Mayor Hall clarified that at the City Council meeting of January 24, 1995, Councilmember Petruzzi requested a resolution on this issue be brought to the Council on the January 31 consent agenda. The deadline for submittal of this resolution to the County is February 2. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER EARLING, TO PASS RESOLUTION 810 SUPPORTING THE RECOMMENDATION CONTAINED IN 1994 PAINE FIELD MASTER PLAN AND NOISE STUDY. MOTION \� CARRIED. COUNCILMEMBER KASPER ABSTAINED DUE TO LACK OF INFORMATION. 4. AUTHORIZATION FOR MAYOR TO SIGN MEMORANDUM OF UNDERSTANDING WITH SNOHOMISH COUNTY REGARDING INTERLOCAL AGREEMENT FOR FUTURE ANNEXATIONS �0 Jeff Wilson, Planning Supervisor, reported staff has forwarded to the Boundary Review Board two annexation proposals (Snoline-Forshee and Gate -Eaton annexation areas). They are currently in the midst of the 45 day comment period. In response to these proposed annexations, County staff suggested the City and County work together to develop an annexation interlocal agreement to address common issues to ensure an orderly transfer of the areas from County to City jurisdiction. All parties discussed the idea of developing a Memorandum of Understanding (MOU) to be forwarded to the County Council before their recommendation to the Boundary Review Board. This MOU would set Approved City Council Minutes January 31, 1995 Page 5 out certain principles that all would look at agreeing to immediate negotiations on an interlocal agreement that would not only address the Snoline-Forshee and Gate -Eaton annexations, but would address annexations in general. Mr. Wilson stated the copy of the MOU found in the Council packet outlines six areas for future discussion on the interlocal agreement. (1) The transfer of permitting, surface water management, road maintenance and policing responsibilities; (2) Reciprocal impact mitigation for roads and parks; (3) Transfer, to the City of Edmonds, of any unbudgeted mitigation payments for roads and parks; (4) Commitment to address and resolve, as necessary, regional service and fiscal impact issues related to fire, emergency medical and police services; (5) Annexation of County road rights -of -way and unincorporated islands immediately adjacent to the annexation area; and (6) Provisions for amendments to the interlocal agreement to address issues arising from future annexations including, but not limited to, parks maintenance, contracting of services and compensation for major road improvements. Councilmember Kasper inquired if number 6 covers sewer, such as Olympic View, contracting of services. Mr. Wilson stated Olympic View is a separate entity. The MOU is related only to services between the City and the County. Mr. Wilson added that the 45 day comment period on the two annexations expires February 6. County Council will be taking action on whether or not to comment to the Boundary Review Board on February 1. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO AUTHORIZE THE MAYOR TO SIGN THE MEMORANDUM OF UNDERSTANDING WITH SNOHOMISH COUNTY REGARDING THE INTERLOCAL AGREEMENT FOR FUTURE ANNEXATIONS. MOTION CARRIED. 5. CLARIFICATION OF NON -REPRESENTED SECRETARIAL POSITIONS Brent Hunter, Personnel Manager, stated discussion of this item is a carry over from last week's Council meeting. Last week he presented the non -represented salaries for the City's employees. He was notified ' the next day that there was a question regarding two of the secretarial positions that were included at the bottom of the salary schedule. He stated included in this evening's packet is a memo providing background information on the work put into these two secretarial positions, including the City Attorney's involvement. Also included in the packet is a hand-out entitled "Confidential Secretary Salary" that was provided to the Council in a confidential meeting earlier this month. When it was brought to Mr. Hunter's attention that consideration of these job descriptions are required to go to the Finance Committee, he scheduled them on the next meeting. He pointed out there will be minimal changes to the job descriptions. It is proposed to take them out of the Union and place them in the Non -Represented grouping, thereby moving from a Union salary to a Non -Represented salary. Councilmember Nordquist stated in reviewing the documents from last week's meeting, he discovered there was a change in the designation from NE-7 to F-2 for these two positions. His notes indicated the Council had only voted for cost of living raises, and not for changing designations. This is why he brought this issue forward. He believes those changes should be noted in the public record. Council President Petruzzi commented he believes the question is why the policy established by the Council had not been followed. Three years ago the Council made a policy that all job reclassifications needed to come through the Finance Committee. He stated the designations were changed from NE-7 to F-2 on a Approved City Council Minutes January 31, 1995 Page 6 document that was handed to the Council when that issue was not being considered. If they did not say "no", staff would have assumed it was "yes". Mr. Petruzzi stated this is not the way it is done. It is done by affirmative action. Those salary changes were not approved by the Council. Mayor Hall disagreed with Council President Petruzzi. She pointed out a number of hours have been spent discussing these two positions. City Attorney Scott Snyder stated his understanding is that this was originally authorized in the Spring of 1994 at which time a petition was filed with PERC to take the positions out of the union. At least two updates were provided over the period on the status of these positions. It was always his assumption that the Council was at least on board as to the strategy of the removal of these secretarial positions from the union. Councilmember Petruzzi stated Council is clear on that; the issue is the job reclassification as far as the salary level. Mayor Hall commented she is comfortable in what has transpired. Councilmember Hall pointed out that no matter what comes out of this issue, these positions are at the very bottom of the list in terms of salary. These employees are doing a good job. He feels they should definitely be given their due at this point. Councilmember Kasper stated he spoke to the Personnel Manager on these issues. He pointed out again that the B-1 grade is out of position. Nothing was done about it last week. B-1 is not a lower position than the B-2 position. The salaries are incorrect as well. Council President Petruzzi reiterated the question is not the jobs, the question is why have the salaries not been established by the Council, and why has the procedure not been followed. He is looking at the fact that two jobs were basically restructured for salary without an affirmative action by the Council. It cannot be done because no one but the Council can appropriate funds for the City. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO SEND CLARIFICATION OF NON REPRESENTED SECRETARY POSITIONS TO THE FINANCE COMMITTEE. MOTION CARRIED. '�OCity Attorney Scott Snyder stated the motion which was made and passed at the last meeting, normally would result in the preparation of an annual salary ordinance. He suggested that whatever the results of the Committee meeting, the City Clerk be instructed to advise him in order to have the ordinance prepared. Councilmember Fahey commented that having sat in on the meeting where Mr. Hunter presented these two positions, she believes Mr. Hunter did a fine job of giving the presentation. Many of the Councilmembers did not speak up that night, one way or the other, and she can understand why there may be some confusion. It makes sense for that position to automatically be switched over to F-2, simply because there is no place else to put them once they became non -union positions. She does not want this to come across as a criticism of staff and the way they are handling this issue. She feels Mr. Hunter has done a good job and that there has been some miscommunication. 6. REVIEW OF MAYOR'S SALARY AND STAFFING REOUEST ,v Mr. Hunter presented a request for additional staffing in the Mayor's Office along with a salary request for the Mayor. He reported the Mayor made a request during the budget process for additional staffing. The request before Council tonight for the additional staffing is $19,750. Mr. Hunter pointed out the Mayor's Approved City Council Minutes January 31, 1995 Page 7 Office has dual functions - it is both ceremonial and executive. As a consequence, the Mayor is spread quite thin in trying to meet all the obligations. The purpose of the request is to provide the Mayor with some professional assistance in meeting these obligations. The request is for a person to assist the Mayor 14 hours a week beginning February 1. Mr. Hunter compared the cities of Lynnwood and Mountlake Terrace with Edmonds in terms of staffing in the Mayor's offices. In Lynnwood, there are two full time professional people (the Mayor and Executive Assistant) with a total salary of about $156,000. In Mountlake Terrace, there are 2-1/2 full time professional people and a comparable salary cost of $137,000. Regarding a salary increase for the Mayor, Mr. Hunter compared the Mayor's salary to that received by the Mayors of Lynnwood and Mountlake Terrace, pointing out the other cities are considerably higher paid. He stated it is recommended that the Mayor receive a salary increase of $3,250. This would raise the Mayor's annual salary from $54,800 to $58,100. This is a 6% increase. In putting the Mayor's salary increase and the request for staffing together, the salary cost in Edmonds would be approximately $77,850. Mr. Hunter pointed out this is still considerably less than the neighboring cities. Responding to Council President Petruzzi, Mayor Hall indicated the Mayor's salary increase and request for additional staffing are being presented as a package. She stated the Mayor's Office is woefully understaffed. It is more important to gear up the staffing effort versus an actual pay raise. However, she pointed out there is a discrepancy of pay among Mayors around the County. She believes the City of Edmonds needs to be on a par as closely as possible with the other cities. Council President Petruzzi stated he would like to consider the two requests separately. Councilmember Nordquist stated in 1990 when the salary was set for Mayor, it was done with a motion that also indicated any additional increases would be given annually that may be required such as cost of living. At that time the Council looked at the Mayor's position for four years. Mr. Nordquist stated he also would like to consider the requests as two separate issues. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO CONSIDER THE ITEM OF THE MAYOR'S SALARY AS ONE ITEM, AND THE STAFFING REQUEST AS ANOTHER ITEM. MOTION CARRIED. COUNCILMEMBER NORDQUIST MOVED TO INCREASE THE MAYOR'S ANNUAL SALARY BY 6% AS RECOMMENDED. COUNCIL PRESIDENT PETRUZZI SECONDED FOR DISCUSSION. Council President Petruzzi stated he was thinking of trying to increase the Mayor's salary to put it more in line with the other cities. He suggested raising it to $60,000. He believes this figure would be a fair and equitable salary for this type of city. He pointed out Edmonds does not have the industrial or commercial base that Lynnwood has. In order to retain the highest possible person for the position of Mayor, the salary should be brought up to at least $60,000 a year. Councilmember Kasper stated he cannot support the motion on the basis the Council made a motion in 1990 to set the salary on a 4-year basis. That figure that was set in 1990 was raised by 3%. He concurs Approved City Council Minutes January 31, 1995 Page 8 with the 6% increase because it picks up this year along with the year in which no increase was given. Mr. Kasper stated it has been the policy of Council each June to set the salary of all elected officials so the County knows what they are. He feels the Council should deal strictly with a cost of living increase. Mayor Hall stated she never signed a covenant or contract that there would not be a salary increase. She referred to matters occurring in the city that were not planned and are a great demand on time, such as the multimodal project, legislative issues, storms, transportation issues, and severe health issues of staff members. Councilmember Kasper stated there is a procedure in June to reconsider the Mayor's salary. He thinks the Mayor is going around the system. He is not objecting to a cost of living increase. The Community Services Director was hired and part of his job description is to aid the Mayor in such matters as the multimodal issue, the waterfront situation, etc. Mr. Kasper believes the Mayor's responsibilities are political action issues. He does not agree that the Mayor's job has changed to a great extent. Councilmember Earling stated he feels strongly that the Mayor's position is sadly under -funded. It does not have anything to do with who is Mayor, it has to do with the position. This city of 31,000 people has a variety of complex issues that are facing the city. If the city is going to be able to attract strong leadership to the city, it is necessary to look at building the salary over time. He does not feel the public would accept boosting the salary equivalent to Lynnwood at this time, but over time this can be examined. He does believe it needs to be acknowledged that the city needs to have a salary for the Mayor that is reflective of the responsibility of the position. Mr. Earling suggested amending the motion to increase the Mayor's salary to $60,000. COUNCILMEMBER NORDQUIST WITHDREW HIS MOTION. COUNCIL PRESIDENT PETRUZZI AGREED. I COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCIL PRESIDENT PETRUZZI, TO INCREASE THE MAYOR'S SALARY FOR 1995 TO $60,000. Mayor Hall clarified that consideration of additional staffing would be dealt with in another motion. Councilmembers Earling and Petruzzi responded affirmatively. MOTION CARRIED. Councilmember Kasper voted no due to reasons stated earlier. Councilmember Hall abstained because he was asked to by his mother (the Mayor). Councilmember Fahey stated she does not feel that she can adequately evaluate the request for additional staffing at this meeting because she has a lack of knowledge as to what has transpired in the last couple of years. On the surface, she believes the presentation given at this meeting for additional staffing makes a lot of sense. However, it has been brought to her attention that the job description duties of the Community Services Director were originally intended to help with the Mayor's Office. This issue may need to be revisited. She would like to step back and take this matter to Committee or a workshop to iron it out more thoroughly. She would like a sense of what the top administrative positions are supposed to be doing under the current situation, and what might be an appropriate direction to go from there. Mayor Hall explained that the multimodal issue did not even exist when Paul Mar was hired. Approved City Council Minutes January 31, 1995 Page 9 COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER KASPER, TO TABLE THE ISSUE OF ADDITIONAL STAFFING FOR THE MAYOR'S t OFFICE. A ROLL CALL VOTE WAS TAKEN: FAHEY--NO; NORDQUIST—YES; PETRUZZI--YES; HALL --ABSTAINED; EARLING--YES; KASPER--YES. MOTION CARRIED. Councilmember Earling requested a 5 minute break at 8:25 p.m. Mayor Hall reconvened the meeting at 8:34 p.m. 7. APPOINTMENT TO FILL COUNCIL VACANCY Council President Petruzzi commented that the quality of the applicants was outstanding. He stated he believes the choice will be difficult for the Council this evening. Mr. Petruzzi stated that all candidates during the interviews were well prepared, articulate, and they understood the issues. No matter who is appointed, the City will be well served. He thanked all the people who applied. Mr. Petruzzi reported that one candidate withdrew her name the day before the interviews due to time constraints; this was Diane Duca. Unfortunately, Ms. Duca was the only woman who applied for the position. During the interviews, �\ Mr. Petruzzi stated he was unable to participate in 3 of the I 1 interviews, however, the question he was "U asking of the candidates was asked by another Councilmember in his absence. Immediately upon the end of the interviews Mr. Petruzzi listened to the tape recording of the interviews of those three candidates. Councilmember Earling commented the quality of the candidates is very high. Mr. Earling feels this speaks to the quality of interest that this community has for itself to attract 14 people who would take their time to apply and go through the arduous process of applying for a position like this. He thanked all of the applicants for going through the process and for their application. Councilmember Hall also agreed there were highly qualified candidates. He wanted to encourage women to get involved. He stated the City would like to have women candidates either for appointments or for any open seats or challenges to the City Council. Councilmember Kasper reported letters were received stating that individuals were not filing for this appointment, but they intend to file in the Fall. He believes this shows the interest of the community. Councilmember Fahey reiterated what has already been said. Saturday was an interesting day and she really enjoyed the interviews with each of the candidates. No matter what happens at this meeting, each of the candidates said important things during the interviews that have been duly noted, and she is hopeful that the candidates will see their views reflected in things that take place throughout the next year. She encouraged all candidates to consider running in the Fall, and in the interim continue to be a part of the process and follow what goes on at the Council meetings. She further suggested they participate and bring to the table their ideas in positive ways. She noted there are many places in the community that the candidates could be effectively used until the Fall elections. Ms. Fahey thanked all the candidates for applying. Councilmember Nordquist also thanked the candidates for stepping forward and completing the questionnaire. Through the interviews the Council met interesting people and heard interesting comments about the community. He also encouraged all the applicants to get involved in city government. Approved City Council Minutes January 31, 1995 Page 10 Council President Petruzzi read into the record the twelve candidates who are eligible for nomination: George P. Basioli, Jack S. Bevan, Michael J. Huisman, Robert B. Koo, David J. Moore, Roger L. Myers, Ancil R. Potter, Kenneth B. Reid, Alvin A. Rutledge, Clay B. Siegall, J. Tills, and Jim L. White. Council President Petruzzi further read into the record the rules upon which the Council vacancy shall be selected: Nominations: Each Councilmember may nominate one candidate from the list of 12 applicants. Nominations will be made on the form printed for that purpose by placing an "X" in the box adjacent to the name of the applicant of their choice. Councilmembers will initial their ballot so that a permanent vote record is maintained. The City Clerk will record all votes and announce the results of each balloting. The Election: Each Councilmember may vote for one candidate from the list of those nominated. Votes will be accomplished on the form printed for that purpose by placing an "X" in the box adjacent to the name of the nominee of their choice. Councilmembers will initial their ballot so that a permanent vote record is maintained. The City Clerk will record all votes and announce the results of each balloting. A Deadlock: In the event the City Council should deadlock, then all nominations are declared null and void and the Council may return to the list of the 12 applicants and start over. A deadlock is where every Councilmember votes exactly the same way on 5 consecutive ballots. COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER EARLING, TO ACCEPT THE RULES AS OUTLINED AND STATED BY COUNCIL PRESIDENT PETRUZZI. MOTION CARRIED. Mayor Hall added for the record that the Mayor does not vote. Rhonda March, City Clerk, announced the nominations: Councilmember Earling nominated: Jim White Council President Petruzzi nominated: Roger Myers Councilmember Hall nominated: Ancil Potter Councilmember Nordquist nominated: Roger Myers Councilmember Fahey nominated: Robert Koo Councilmember Kasper nominated: Kenneth Reid Ms. March announced the results of the first ballot: Council President Petruzzi voted for: Roger Myers Councilmember Kasper voted for: Kenneth Reid Councilmember Fahey voted for: Robert Koo Councilmember Nordquist voted for: Roger Myers Councilmember Earling voted for: Kenneth Reid Councilmember Hall voted for: Roger Myers Approved City Council Minutes January 31, 1995 Page 11 Ms. March announced the results of the second ballot: Council President Petruzzi voted for: Roger Myers Councilmember Hall voted for: Roger Myers Councilmember Kasper voted for: Kenneth Reid Councilmember Fahey voted for: Roger Myers Councilmember Earling voted for: Kenneth Reid Councilmember Nordquist voted for: Roger Myers Ms. March confirmed the vote was 4 votes for Roger Myers and two for Kenneth Reid. COUNCIL PRESIDENT PETRUZZI MOVED, SECONDED BY COUNCILMEMBER NORDQUIST TO MAKE THE VOTE UNANIMOUS IN FAVOR OF ROGER MYERS. MOTION CARRIED. Mayor Hall and all Councilmembers expressed congratulations to the newly -appointed Councilmember Roger Myers. Mayor Hall presented the Oath of Office to Mr. Myers. Mayor Hall also expressed her thanks to all the candidates for applying. She understands the courage that it takes to step up and apply. 8. MAYOR Mayor Hall referred to Judge Conroy's contract. Judge Conroy is requesting that the Judge Pro Terns salary/payment not be deducted from his salary. Mayor Hall suggested a $500 cap be placed on the amount to be used for pro tem payment for 1995. City Attorney Scott Snyder explained that in the past both the Hearing Examiner and the Judge were required to hire someone to fill in for them; the Judge would like a small budget so that he could be away for a few days during the course of the year. Council President Petruzzi commented he feels this is a reasonable request and suggested placing this matter on the consent agenda of February 7. Mayor Hall next referred to a memorandum she received regarding the Oxford House issue from AWC. She wanted to bring it to the attention of the Council and noted that it is included in this evening's packet. Regarding the Boys and Girls Club, Mayor Hall mentioned the letter she wrote to Mr. Bill Tsoukalas dated 01/4� January 25, 1995 with regard to their lease. In addition, the Mayor informed the Council that Paul Mar has prepared a new space needs status report and action plan, and this will be dealt with at a later date. Mayor Hall pointed out the City Attorney provided copies of a litigation report. City Attorney Snyder ' stated the Council had previously requested a monthly litigation report. Two formats are presented. One is for the Council, and one is for the public record that could be included in the packet each month. Mr. Snyder would like to receive comments as to form. 9. COUNCIL Council President Petruzzi distributed copies of a draft agenda for the Council Retreat to be held on February 24 and 25. He requested the Council review the agenda and provide comments at the next meeting. Approved City Council Minutes January 31, 1995 Page 12 Council President Petruzzi next referred to a letter received from City Attorney Snyder concerning the City of Shoreline. Mr. Snyder's firm has been asked by AWC to provide services to Shoreline during the incorporation process. Mr. Petruzzi stated he does not have a problem with Ogden Murphy Wallace working with the City of Shoreline on a start-up basis, however, he would have a problem on a long term basis. Mayor Hall commented she also would have concerns if they did have a long range commitment, in particular with regard to the potential of conflict with the Fire District. Mr. Snyder mentioned his firm has done something similar with Federal Way, and he assumes Shoreline will follow the same pattern. Typically a city of this size will begin an in-house legal department. In the case of Federal Way, his firm contracted for a year to set up their codes. Mr. Snyder asked if there was any concern on the part of the Council about being a part of the informational panel where information is provided free to AWC, and secondly, how the Council feels about the proposal to contract for a year during the set up time. No other comments were received from Council. Council President Petruzzi stated his understanding that this is a consensus that the Council does not have any major problems at this time. Council President Petruzzi discussed the letter provided from City Attorney Snyder with regard to a conflicts panel. He reported that Mr. Snyder has provided a couple of recommendations. Mr. Petruzzi suggested placing this matter on a future agenda for consideration by the full Council. He gave a copy of the letter to Councilmember Nordquist as a member of the Consultant Selection Committee. Council President Petruzzi next addressed a letter from the City Attorney to Paul Mar regarding the Arai Jackson agreement. The letter discusses extending the agreement by change order in the amount of $40,000. Mr. Petruzzi provided a copy of the letter to Councilmember Nordquist as Chairman of the Finance Committee, and noted he feels this matter should be addressed by the Finance Committee prior to coming to Council. Councilmember Fahey inquired if the City is lobbying the local legislators with regard to Item K on tonight's agenda. Item K deals with Fair Housing Act Amendments as they pertain to the continued viability of cities' zoning powers. Mayor Hall answered affirmatively. Councilmember Fahey also inquired about Senate Bill 5072. She noted a copy was received in tonight's packet and the Bill relates to penalties for improper meetings. Rhonda March, City Clerk, stated she received a copy of the Bill in the mail this last week from AWC and she wanted the Council to be aware of the issue. Ms. Fahey would like to have further information as to whether or not it should be something the Council should be supporting in the legislative process. Councilmember Hall welcomed Councilmember Myers, and offered his congratulations. Councilmember Nordquist also welcomed Councilmember Myers. Councilmember Earling added his welcome to Councilmember Myers. Mr. Earling further mentioned the commuter rail demonstration project which is underway for the next ten days from Everett to Seattle. The first reports have been positive. The ridership has been good and growing each of the two days that it has been running. Mr. Earling reminded the public that the free demonstration ride is available through this week and next week. Approved City Council Minutes January 31, 1995 Page 13 Mayor Hall reported she attended the opening ceremonies for the commuter rail as well as the passenger - only ferries this past week. She further reported she attended the Cities and Towns meeting, and two DARE graduation ceremonies. Newly -elected Councilmember Myers expressed his appreciation of the confidence the Council has shown in him by this appointment. He looks forward to this opportunity. He also is hoping to work with a lot of the citizens of Edmonds because he believes this is an excellent community and he wants to help make it better. Former Councilmember Steve Dwyer set a standard of excellence that he hopes he will be able to achieve. There being no further business the meeting adjourned at 9:20 p.m. 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. Imm wlj-� , . Approved City Council Minutes January 31, 1995 Page 14 AGENDA ,w1w EDMONDS CITY COUNCIL PLAZA MEETING ROOM -LIBRARY BUILDING 7:00 -10:00 p.m. JANUARY 31, 1995 WORK MEETING - NO AUDIENCE PARTICIPATION CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. (10 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF JANUARY 17, 1995 (C) APPROVAL OF MINUTES OF JANUARY 24, 1995 (D) APPROVAL OF CLAIM WARRANTS #950016 THRU #950504 FOR THE WEEK OF JANUARY 23, 1995 (E) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MARGARET DOYLE ($97.38) AND FLORENCE WATSON ($2,567.72) (F) APPROVAL OF CONSULTANT SELECTION FOR LIMITED FEASIBILITY STUDY FOR LOCATING AN AQUATICIRECREATION COMPLEX AND AUTHORIZATION TO BEGIN CONTRACT NEGOTIATIONS (G) AUTHORIZATION TO REQUEST SEALED BIDS FOR UNIT 20, A SURPLUS DUMP TRUCK (H) PROPOSED REVISED RESOLUTION FOR PERRINVILLE ANNEXATION AREA (I) REPORT ON BIDS OPENED JANUARY 23, 1995, TO PURCHASE CHEMICAL STORAGE CONTAINERS AND AWARD OF BID TO PD SYSTEMTECHNIC, INC. ($8,568.00) (J) PROPOSED RESOLUTION SUPPORTING RECOMMENDATION CONTAINED IN 1994 PAINE FIELD MASTER PLAN AND NOISE STUDY (K) PROPOSED RESOLUTION REQUESTING PARTICIPATION AND ASSISTANCE OF ASSOCIATION OF WASHINGTON CITIES AND NATIONAL LEAGUE OF CITIES RELATING TO CITIES' ZONING POWERS FOR SINGLE FAMILY ZONING 3. (5 Min.) AUTHORIZATION FOR MAYOR TO SIGN MEMORANDUM OF UNDERSTANDING WITH SNOHOMISH COUNTY REGARDING INTERLOCAL AGREEMENT FOR FUTURE ANNEXATIONS 4. (20 Min.) CLARIFICATION OF NON -REPRESENTED SECRETARIAL POSITIONS 5. (20 Min.) REVIEW OF MAYOR'S SALARY AND STAFFING REQUEST 6. (60 Min.) APPOINTMENT TO FILL COUNCIL VACANCY 7. (5 Min.) MAYOR 8. (15 Min.) COUNCIL The public Is Invited to attend. Parking and meeting rooms are accessible for persons with disabllltles. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda apppPears on Chambers Cable, Channel 3Z Delayed telecast of this meeting appears the following Wednesday evening at 7.00 p.m. on Channe136, and the following Friday and Monday at noon on Channel 32.