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11/24/1992 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES November 24, 1992 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL ON DECEMBER 1, 1992 The work meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. The Meeting was preceded by a flag salute. PRESENT Laura Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember Michael W. Hall, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Tom Petruzzi, Councilmember Rachelle Eshleman, Student Representative STAFF Art Housler, Admin. Serv. Director Chuck Day, Accounting Manager Dan Prinz, Police Chief Bob Alberts, City Engineer Noel Miller, P.W. Superintendent Arvilla Ohlde, Parks & Rec. Mgr. Rob Chave, Planning Manager Buzz Buzalsky, Fire Chief Scott Snyder, City Attorney Rhonda March, City Clerk Barb Mehlert, Recorder Councilmember Nordquist arrived at 7:02 p.m., thereby did not vote on Consent Agenda items. Councilmember Dwyer arrived at 7:12 p.m., thereby did not vote on Consent Agenda items. Mayor Hail said a 10 minute Executive Session to discuss a personnel matter will be held follow- ing Consent Agenda discussion. MNCPNT ArPNnd Councilmember Kasper pulled item (E). COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER EARLING, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 17, 1992 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF NOVEMBER 16, 1992 AND PAYROLL WARRANTS FOR NOVEMBER 20, 1992 (D) REPORT ON BIDS OPENED NOV. 16 TO PURCHASE A POLICE MOTORCYCLE AND AWARD TO KENT KAWASAKI ($8,196.16). (F) APPROVAL OF WHISTLEBLOWER POLICY (G) AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT WITH CITY OF MONROE REGARDING POLICE RESERVE OFFICER ACADEMY. REPORT ON BIDS OPENED NOV. 17 FOR FRANCIS ANDERSON GYM ROOF REPAIR PROJECT AND AWARD OF CONTRACT TO KATHOL ROOFING 8,672.23, INCLUDING SALES TAX). Item CTT on the Consent Agenda Councilmember Kasper expressed concern that this is the fourth roof that has been replaced since he has been on the Council, and said the bid amount is substantially lower than the the other bids. Councilmember Kasper inquired on the bid and the kind of roof Kathol Roofing is planning to install. Bob Alberts, City Engineer, said the roofing will be a thermal type, not a composition shingle type. Councilmember Kasper asked if the roof is continually maintained, and Mr. Alberts said yes. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO APPROVE ITEM (E). MOTION CARRIED with Councilmember Nordquist abstaining as he arrived at 7:02 p.m. and was not present for the entire discussion on this item. EXECUTIVE SESSION ON A PERSONNEL MATTER The Mayor and Councilmembers recessed to an Executive Session at 7:05 p.m, and reconvened in Council Chambers at 7:22 p.m. Councilmember Dwyer arrived at 7:12 p.m. and joined the Executive Session in progress. ANNUAL REPORT FROM OGDEN, MURPHY, & WALLACE Scott Snyder, City Attorney, made a presentation to the Mayor and City Council concerning counsel activities for 1992. Mr. Snyder said this has been perhaps the best year that the City has had from a legal perspective as his office has successfully defended or won suits initiated on the City's behalf at both the Federal and State level. Mr. Snyder said the downside of an intensive litigation calendar is the cost involved. Mr. Snyder said the City's litigation costs were well over budget for a variety of reasons including costs that the City has no control such as unfore- seen litigation. Mr. Snyder reviewed a proposal for cost reduction for the 1993 legal budget which included; 1) All requests for legal services, with the exception of the Mayor's cabinet, should be required to be in writing and approved by a member of the Mayor's cabinet, and; 2) City Attorney only attend the first and third Council meetings, as these are the public hearing dates. Mr. Snyder said it is his belief that having legal assignments individually authorized will work a reduction in the use of retainer hours. Mr. Snyder expressed concern that the City does not have a reasonable contingency established for either unforeseen litigation or litigation which the City Council has or is in the process of authorizing. Mr. Snyder said the 1993 budget contains the same potential failing. Mayor Hall said there are times when the City has no choice but to seek legal advise, however, noted she is very careful that the City only utilize legal services when absolutely necessary. Council President Palmer expressed concern that the City may not have an adequate contingency for either unforeseen litigation or litigation in which the City has no control of. Council President Palmer said this is a good reason why the City needs to have adequate financial reserves, and not just the bare minimum. The Mayor and Council thanked Mr. Snyder for his presentation. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY Judge Conroy presented his annual report on the Municipal Court which included statistical infor- mation on Edmonds Municipal Court total filings from 1986 through October 31, 1992, as well infor- mation relating to Courtroom activity, Edmonds Municipal Court total city revenue, and revenue collection information. Judge Conroy said the current Court personnel does an excellent job. Judge Conroy said 60 to 70% of the .tickets filed are paid within 15 days and are processed by the existing staff. Judge Conroy said traffic infractions and the criminal traffic is down, however noted that an infrac- tion of any kind is still processed the same way through the Court system, therefore, the staff is continually processing paperwork and following up on numerous cases. Councilmember Earling asked Judge Conroy if the Court could work within the 1993 Budget submitted by Court Administrator Sherrie Gursley, and Judge Conroy replied affirmatively. Judge Conroy said he is recommending that the City renew the contracts for Judge Pro Tem Kristen Anderson and Judge Pro Tem Kathleen Field. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER DWYER, TO RENEW JUDGE CONROY'S CONTRACT FOR SERVICES FOR 1993 AS WELL AS JUDGE PRO TEM KRISTEN ANDERSON AND JUDGE PRO TEM KATHLEEN FIELD. MOTION CARRIED. ANNUAL REPORT FROM PROSECUTOR DAVID STEINER Mr. Steiner explained the duties of a city prosecutor. Mr. Steiner said he is not asking for an monetary increase in his contract, and provided the City Council with three options the City could consider which would result in savings to the City, as well as streamline the process. The options are as follows: 1) Direct that complaints be filed for every gross misdemeanor and misdemeanor criminal matter filed with the Edmonds Municipal Court. Under this option, complaints are filed at the time each defendant is arraigned. Upon Mr. Steiner's estimation, this would require the filing of approximately 45 complaints per week. 2) Direct that complaints be filed after arraignment for each matter where a defendant pleads not guilty. Mr. Steiner suspects that this would require the filing of approximately 10-20 complaints each week. 3) Direct that the police officers attempt to recite the essential elements for each crime in the initial citation. Under this option, the City would run the risk that the officers' citations would inadequately.recite the essential elements of some of the charges. Mr. Steiner offered to draft and produce for the City, a book which would list the majority of the cases, in which officers could successfully carry out Option 3. Mr. Steiner said he has discussed this with Mayor Hall as as well as Chief Prinz, and said Chief Prinz was receptive to the idea. Mr. Steiner said the book would be of no cost to the city. Mayor Hall asked Police Chief Prinz, if he agrees with Mr. Steiner's proposal, and Chief Prinz replied affirmatively. It was noted that other jurisdictions currently utilize a procedure simi- lar to Option 3. EDMONDS CITY COUNCIL APPROVED MINUTES Page 2 November 24, 1992 The Mayor and Council thanked Mr. Steiner for his presentation. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER PETRUZZI, TO RENEW THE PROSECUTING ATTORNEY'S CONTRACT. MOTION CARRIED. ANNUAL REPORT FROM HEARING EXAMINER JAMES DRISCOLL Mr. Driscoll presented his annual report to the Mayor and Council. Mr. Driscoll's report con- tained information on his impressions on development and growth control within Edmonds, signifi- cant changes in Washington law that have occurred and discussed his recommendations for changes to the Community Development Code. Mr. Driscoll said the majority of activity within the City during 1992 has involved requests for variances and conditional use permits. Mr. Driscoll said this is due to the fact that much of the land in Edmonds is already developed. Mr. Driscoll said there has also been a significant number of administrative appeals presented to his office in part because the current City Planning Staff has taken a strict interpretation of. the Edmonds Community Development Code, and more citizens are appealing those interpretations. Mr. Driscoll said a major concern of his is the significant changes in land use procedural law resulting from decision of the U.S. Supreme Court and Washington State appellate cases. Mr. Driscoll said there are many ambiguities and problems in the Code that needs to be addressed and said the Planning Board will be discussing some of them. Mr. Driscoll said the Planning Board is going to recommend that reference to setback adjustments in the Code be deleted, in which he agrees, as they should be handled in a different manner. Mr. Driscoll said the Planning Board will also recommend that changes be made in the process for street vacations, as well as discuss- ing and reviewing the SEPA process. Mr. Driscoll said he utilizes a rules and procedure book and said he would like to see the Coun- cil adopt this into a resolution. Council President Palmer said discussion on proposed Code amendments is scheduled on the Extended Agenda for January 5. It was noted that Mr. Driscoll's contract, as well as the other contracts will appear on the December 15 Agenda for formal Council approval. ANNUAL REPORT FROM EDMONDS LIBRARIAN KATHY TURNER Library Board Member Marion Wilkerson, and Edmonds Librarian Kathy Turner, made a presentation to the Mayor and Council concerning the activities for 1992 and reviewed budgetary needs for 1993. Mr. Wilkerson said because of the City's budget situation, the former funding request for carpet- ing the downstairs of the library at a projected cost of $60,000 will be postponed and resubmit- ted in 1994. Mr. Wilkerson said the Library is not asking for any funds for 1993, however, ex- pressed his hope that the City does not lessen any maintenance that is currently being done at the Library. Mr. Wilkerson said in 1994, the Library Board will also be asking the City for funding for pressure washing services on the grounds outside the Library building. Mr. Wilkerson said this is because dirt, oil, and leaves are getting tracked inside the library, thereby de- creasing the life of the carpet. Ms. Turner, Librarian, thanked everyone involved in the decision to see the library's book drop built in 1992. Ms. Turner said the Friends of the Library does a great deal for the Library and said many things could be not accomplished without them. It was noted that $8,000 was raised at the recent "Friends of the Library Book Sale". Councilmember Kasper thanked Ms. Turner for the excellent job she does. Evelyn Laurine, Library Board Member, said one of the reasons the Library is not asking for funds is because of the terrific support of the Friends of the Library. The Mayor and Council con- curred. PRESENTATION OF REVISED 1993 PRELIMINARY BUDGET Mayor Hall said she and her cabinet have met the Council's request in producing a revised prelimi- nary budget with a $12,700,000 projected revenue figure. Mayor Hall said it was very difficult for Staff to make this projection, as the first preliminary budget was already severely cut. EDMONDS CITY COUNCIL APPROVED MINUTES Page 3 November 24, 1992 Mayor Hall said because all departments/divisions have already cut twice, resulting in "bare bones", she decided that all cuts should be shared proportionately. Mayor Hall referenced her Agenda Memo in which copies of memorandums were attached from each cabinet member, addressing the impact of the cuts. Mayor Hall advised the Council that routine operating expenses have been cut so deeply that the Council should not be surprised to have departments come before the Council for additional money in late 1993. Councilmember Earling thanked the Mayor and Staff for making the tough decisions they had to make in order to produce the revised Preliminary Budget. Councilmember Earling said he hopes that the Departments Heads have considered whether or not the cuts they made to supplies and equipments that affect programs and services will get them through 1993. Councilmember Earling said the memo the Mayor provided gave inference that Staff may be back in late 1993 to ask'for more money. Councilmember Earling quoted from the Budget Book, in which it states "The purpose of the Contin- gency Fund is to provide monies with which to meet any municipal expense, the necessity or extent which could not have been foreseen or reasonably evaluated at the time of adopting the Annual Budget". Councilmember Earling said nothing would be accomplished if the items that are cut now are asked for replenishment later on in the year. Councilmember Earling said he wants to make sure the Departments Heads have not cut so far into the budget where they will be damaging some of their programs. Councilmember Dwyer questioned various aspects of the 111 Fund and when the funding mechanism came into effect for motor vehicle registration. As Councilmember Dwyer had questions on the various legalities on what the monies in this Fund can be used for, City Attorney Scott Snyder was asked to provide an answer to Councilmembers. Mr. Snyder said he would make a verbal.report at the December 1 Council Meeting. The Council reviewed each department's memo which addressed the impact of the budget cuts. Fire Chief Buzalsky noted the outdated equipment in the Fire Department, Council President Palmer said Chief Buzalsky was brought in to the City to improve and modernize the Fire Department, however, said he has not been able to do that because of the City's financial condition. Council President Palmer and Councilmember Petruzzi said if more revenue comes in during 1993 than what is projected, it will be their priority to direct additional funding to the Fire Department. At 9:30 p.m, Student Representative Rachelle Eshleman left the meeting. Following discussion of this item, Council President Palmer suggested that on the next agenda, the Council should review Capital Improvement Program Project Funds and other Non -General funds. Councilmembers concurred. Mayor Hall said she wanted to make sure each department had their turn to address the Council. As a procedural matter, at 10:00 p.m., COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO EXTEND THE MEETING. MOTION CARRIED. MAYOR Mayor Hall referenced a liquor license application from Edmonds West Tavern. No objections were noted from Councilmembers. Mayor Hall referenced a letter, in which the City of Edmonds was first to sign, requesting an extension in submitting comments on the Draft EIS for the Regional Transit System Plan. Council - members requested that the City still send in their comments before the November 30 deadline as preliminary comments, in case the request for extension is not granted. Mayor Hall and Rob Chave, Planning Manager concurred. Councilmember Earling said he wanted to make sure concerns were expressed regarding where the Snohomish County transit route would be. COUNCIL Council President Palmer noted the South Snohomish Arts Council's request for funding in the amount of $2,500 from the Hotel/Motel fund. Council President Palmer said he will be scheduling a 20 minute Executive Session on the December Agenda to discuss Cable TV Franchise negotiations. Councilmember Petruzzi referenced the memo to Mayor Hall from Rob Chave regarding recent contact with UNOCAL officials. Councilmember Petruzzi said the key point is that the property has been recently transferred to the Real Estate division of UNOCAL, which means they want to move on it. It was noted by Rob Chave that it transferred to the Real Estate Division only a month ago. EDMONDS CITY COUNCIL APPROVED MINUTES Page 4 November 24, 1992 Councilmember Petruzzi said as he has a strong concern on 1993 revenues, he drafted a "Revenue Budget/Actual Comparison" form in which he would like Mr. Housler to include in 1993 Budget re- ports. Councilmember Petruzzi said this would be a monthly report to the Council and would pro- vide Councilmembers with up to date revenue information. Mr. Petruzzi distributed a copy of the format to the Mayor, Mr. Housler, and Councilmembers. Mayor Hall said she would take this under advisement with Mr. Housler. COUNCILMEMBER PETRUZZI MOVED, SECONDED BY COUNCILMEMBER EARLING, TO HAVE MR. HOUSLER UTILIZE THE FORMAT SUBMITTED BY COUNCILMEMBER PETRUZZI IN HIS 1993 BUDGET FORMAT AS A MONTHLY REPORT. MOTION CARRIED with Councilmember Nordquist voting no. Councilmember Hall said he recently toured the Russian missile -tracking ship, which is located at Pier 42 in Seattle. Councilmember Hall said the ship will only be at Pier 42 for approximately one week. Councilmember Kasper said he thinks a fair amount of time needs to be spent at the next meeting concerning the Metro -Swap Agreement. Councilmember Kasper said former Community Services Director Peter Hahn should be available for questions. Council President Palmer said this is scheduled for December 8. Councilmember Kasper said this may involve an Executive Session. Councilmember Earling said on December 8, he would like 25 minutes devoted to the Report by Commu- nity Transit on Transportation Issues. With no further business before the Mayor or Council, Mayor Hall adjourned the meeting at 10:20 p.m. THE ORIGINAL SIGNED COPY OF THESE MINUTES, AS WELL AS A PERMANENT RECORDING OF ALL COUNCIL MEET- INGS IS ON FILE IN THE CITY CLERK'S OFFICE. aural -Hall, Mayor" Rh nda J. March, ity Clerk EDMONDS CITY COUNCIL APPROVED MINUTES Page 5 November 24, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 1.0:00 p.m. NOVEMBER 24, 1992 WORK MEETING CALL TO ORDER FLAG SALUTE 1. (10 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 17, 1992 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF NOVEMBER 16, 1992 AND PAYROLL WARRANTS FOR NOVEMBER 20, 1992 (D) REPORT ON BIDS OPENED NOV. 16 TO PURCHASE A POLICE MOTORCYCLE AND AWARD TO.KENT KAWASAKI ($8,196.15) (E) REPORT ON BIDS OPENED .NOV. 17 FOR FRANCIS ANDERSON GYM ROOF REPAIR PROJECT AND AWARD OF CONTRACT TO KATHOL ROOFING ($8,672.23, INCLUDING SALES TAX) (F) APPROVAL OF WHISTLEBLOWER POLICY (G) AUTHORIZATION FOR MAYOR TO. SIGN AGREEMENT WITH CITY OF MONROE REGARDING POLICE RESERVE OFFICER ACADEMY 2. (20 Min.) ANNUAL REPORT FROM OGDEN, MURPHY & WALLACE 3. (20 Min.) ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY 4. (10 Min.) ANNUAL REPORT FROM PROSECUTOR DAVID STEINER 5. (10 Min.) ANNUAL REPORT FROM PUBLIC DEFENDER JAMES FELDMAN 6. (20 Min.) ANNUAL REPORT FROM HEARING EXAMINER JAMES DRISCOLL 7. (20 Min.) ANNUAL REPORT FROM EDMONDS LIBRARIAN KATHY TURNER 8. (60 Min.) PRESENTATION OF REVISED 1993 PRELIMINARY BUDGET 9. (5 Min.) MAYOR 10. (15 Min.) COUNCIL THE PUBLIC IS :INVITED TO ATTEND PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR THE DISABLED (An Interpreter for the hearing impaired la available with 24 hours advance notice to the City Clerk at 771-0245)