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11/28/1995 City Council[1 EDMONDS CITY COUNCIL APPROVED MINUTES NOVEMBER 28, 1995 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tern Petruzzi in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Tom Petruzzi, Mayor Pro Tern William J. Kasper, Councilmember Michael Hall, Councilmember Dave Earling, Councilmember Roger L. Myers, Councilmember Barbara Fahey, Councilmember ABSENT Laura Hall, Mayor John Nordquist, Councilmember ALSO PRESENT Emily Shen, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Michael Springer, Fire Chief Rob Chave, Planning Manager Noel Miller, Public Works Superintendent Brent Hunter, Personnel Manager Tom Miller, Police Chief Paul Mar, Community Services Director Charles Day, Accounting Manager Doug Farmen, Accountant Arvilla Ohlde, Parks and Recreation Manager Sandy Chase, City Clerk Jeannie Dines, Recorder Mr. Petruzzi requested Item 5 be moved to Item 8 as Judge Conroy would be 1/2 hour late. MAYOR PRO-TEM PETRUZZI MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR PASSAGE OF THE AGENDA AS AMENDED. MOTION CARRIED. COUNCILMEMBER FAHEY MOVED, SECONDED BY COUNCILMEMBER HALL, TO APPROVE PASSAGE OF THE CONSENT AGENDA. MOTION CARRIED. The agenda items passed are as follows: (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 14, 1995 (C) APPROVAL OF CLAIM WARRANTS #3256S THRU #5439F FOR THE WEEK OF CLA1 m Nf5 NOVEMBER 20, 1995 IN THE AMOUNT OF $130,486.95; AND APPROVAL OF W R PAYROLL WARRANTS #956388 THRU #956715 FOR THE PERIOD OF NOVEMBER 1 THRU NOVEMBER 15, 1995 IN THE AMOUNT OF $464,507.22 FRI PPR (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM SUSIE PRAVITZ MR605 ($29.90 + tax), AND FROM ROBERT AND NICKI MARSH ($2,412.86) City Council Approved Minutes November 28, 1995 Page i GFA gAA` fltA o T DEEDS 59';AWppD FpR�S f 3. 4. (E) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDING OCTOBER 31, 1995 (F) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING A HEARING HELD ON NOVEMBER 14, 1995 ON TWO APPEALS OF THE HEARING EXAMINER'S DECISION TO APPROVE A CONDITIONAL USE PERMIT FOR THE EDMONDS FLORAL & ARTS FOUNDATION FOR THE CONSTRUCTION OF A FLORAL AND ARTS CENTER LOCATED AT 203 AND 211 4TH AVENUE NORTH (Appellants: Marvin Smith and Edgar Hodgson; Applicant: Edmonds Floral and Arts Foundation and Edgar Hodgson / File No. CU-95-137, AP-95-167, and AP-95-169) (G) MOTION TO AUTHORIZE REFERRAL OF AN OFFER TO NEGOTIATE PURCHASE OF TIDELANDS TO THE PLANNING BOARD FOR CAPITAL FACILITIES PLAN AMENDMENT CONSIDERATION HEARING ON ORDINANCE NO. 3053 ANNEXING CERTAIN REAL PROPERTY KNOWN AS THE "SHERWOOD VILLAGE" ANNEXATION AREA PURSUANT TO THE ELECTION METHOD (File No. SX-95-24) HEARING ON ORDINANCE NO. 3054 ANNEXING CERTAIN REAL PROPERTY KNOWN AS THE "FOREST GLEN" ANNEXATION AREA PURSUANT TO THE ELECTION METHOD (File No. AX-95-24) Mayor Pro Tem Petruzzi advised Items 3 and 4 would be combined which City Attorney Scott Snyder advised was acceptable provided it was announced when the public hearing was opened. Planning Manager Rob Chave explained the public hearings were being held to complete the annexation of Sherwood Village and Forest Glen. Both were passed in the November election, Sherwood Village with an 82% approval rate and Forest Glen with a 70% approval rate. If approved, the effective date and time would be 12:01 a.m., Monday, December 11, 1995. Mayor Pro-Tem Petruzzi opened the public hearing. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, observed the new Mayor will be the third since 1988 and there will be new Councilmembers. He was glad this area was annexed as growth is necessary. He stated "this is a change for Edmonds, let's see how the new Council does." Mayor Pro -Tern Petruzzi closed the public portion of the hearing and remanded the matter to Council. He welcomed to the City the six residents of the annexed areas in the audience. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER MYERS, TO ADOPT THE ANNEXATION ORDINANCE NO. 3053 AS SET FORTH IN EXHIBIT 3, ACCEPTING SHERWOOD VILLAGE ANNEXATION AND ESTABLISHING THE EFFECTIVE DATE AND TIME FOR THE ANNEXATION AS 12:01 AM ON DECEMBER 11, 1995. MOTION CARRIED. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO ADOPT THE ANNEXATION ORDINANCE NO. 3054 AS SET FORTH IN EXHIBIT 3, ACCEPTING FOREST GLEN ANNEXATION AND ESTABLISHING THE EFFECTIVE DATE AND TIME FOR THE ANNEXATION AS 12:01 AM ON DECEMBER 11, 1995. MOTION CARRIED. City Council Approved Minutes November 28, 1995 Page 2 5. ANNUAL REPORT FROM HEARING EXAMINER RONALD MCCONNELL A�id�R Hearing Examiner Ronald McConnell said he is scheduled to hear 38 cases through the end of the year and has heard 30 thus far. Cases have been similar to previous years, primarily variances; conditional use permits and appeals have declined. The Regulatory Reform Act to be implemented in 1996 allows only one open record hearing in local jurisdictions which will change the way hearings are handled in Edmonds. If the Council chooses to have him hold the hearings, he will need direction regarding whether the present record is adequate. He explained he currently writes a summary of what is said, no minutes are prepared however, tapes of the meeting are available. If the Council wishes to have something more than a summary, they may wish to consider having a minute -taker at the hearings. He stated he will do whatever is necessary to support the Council and meet with the Council if necessary to discuss Regulatory Reform. Councilmember Earling asked Mr. McConnell if he had been able to identify, from the hearings, any areas in the code that should be reviewed. Mr. McConnell responded the variance requirements and conditional use criteria are similar to other cities; he did not see any problematic areas. Councilmember Fahey complimented Mr. McConnell on his clear and concise summaries. Mayor Pro - Tern Petruzzi also thanked Mr. McConnell. Councilmember Earling questioned whether contract renewal should be discussed with Mr. McConnell. Mayor Pro-Tem Petruzzi noted Mr. McConnell's contract continues until December 31, 1998. He has agreed to postpone the yearly provision for discussion of compensation until the ordinances in response to the 1995 regulatory reform legislation have been adopted. 6. ANNUAL REPORT FROM PUBLIC DEFENDER JAMES FELDMAN Public Defender James Feldman stated there has been one jury trial this year which resulted in an appeal which is still pending. He requested an increase of $5 per case (presently $110, requested increase to $115) and $10 in the weekly arraignment calendar (presently $165, requested increase to $175). He explained the increases are basically cost -of -living increases as the contract was last revised in January 1994. Mr. Feldman pointed out provisions in the present contract allow him to charge on a per -visit to the jail for defendants --he has never charged this as when he visits the Lynnwood jail he meets with 20+ individuals, 2-3 may be Edmonds cases, many of whom he is never appointed to. In addition, under the contract, he is to notify the Clerk of those cases in which he has either withdrawn due to a conflict or been replaced by private counsel and be paid a reduced rate based on time spent. As he does not keep track of time spent, this has never been done. If the Council wants to retain these provisions, he will begin record -keeping but felt it was an additional burden for everyone involved. Mayor Pro -Tern Petruzzi advised the Council would not make a decision on these provisions this evening and asked Mr. Feldman to request the person running the court make a recommendation next year. Mayor Pro-Tem Petruzzi reported that Mayor Hall recommended Council review the contract and give a 3.2% cost of living increase. Councilmember Hall supported Mr. Feldman's request for $115 per case and $175 per calendar as he had not had an increase since 1994. City Council Approved Minutes November 28, 1995 Page 3 COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER EARLING, TO AUTHORIZE THE MAYOR TO SIGN THE PUBLIC DEFENDER CONTRACT AS REQUESTED BY THE PUBLIC DEFENDER. MOTION CARRIED. 7. ANNUAL REPORT FROM PROSECUTOR DAVID STEINER �pSE Prosecutor David Steiner explained he operates on a flat fee which requires self -motivation. He pointed out the extra services he provides such as the training meeting, updating of the Essential Elements Guide which includes the addition of an Animal Control Essential Elements Guide, a mandatory arrest outline for police officers, and a no -contact order outline. He requested an increase in his fee based on the annexations as they will likely result in additional officers which will generate additional filings. He explained his increase is only half of the actual population increase--4% plus the 3.2% COLA. Councilmember Fahey noted Mr. Steiner estimated his duties require approximately 65 to 70 hours of work per month and questioned how a citizen could contact Mr. Steiner regarding a decision. Mr. Steiner replied he was available by telephone or to meet with an individual and that his telephone number, like any prosecuting attorney, is available in the telephone book, from the court, on any discovery request, and through City Hall or the police department. Councilmember Hall pointed out that in addition to Mr. Steiner's prosecuting work for the City, he saves the City a lot of money with the guides for the police department. In many other jurisdictions, the Prosecuting Attorney does not provide these additional services. Mayor Pro Tem Petruzzi stated the Mayor recommended a 3.2% cost of living increase. He felt this was appropriate as Mr. Steiner had received an increase last year. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER KASPER TO PROVIDE A 3.2% INCREASE AND AUTHORIZE THE MAYOR TO SIGN THE CONTRACT. In response to Councilmember Fahey, Mayor Pro Tem Petruzzi advised the increase is included in the budget. Councilmember Kasper pointed out Mr. Steiner is requesting an increase based on population. Councilmember Hall noted Mr. Steiner will feel the impact of additional population, which should be considered. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER KASPER, TO SUSPEND THE RULES TO ALLOW MR. STEINER TO SPEAK MOTION FAILED, MAYOR PRO-TEM PETRUZZI AND COUNCILMEMBERS EARLING AND MYERS OPPOSED. Mayor Pro Tem Petruzzi noted the case load increase as a result of the annexations can only be anticipated, it is not a fact. He suggested this be considered next year based on the statistical facts. Councilmember Hall noted additional police officers will be hired, resulting in additional tickets and cases. Not addressing the increase for 1996 will result in a one-year delay for Mr. Steiner. Councilmember Kasper advised he would withdraw his second of the original motion. Mr. Snyder advised the appropriate motion would be to table; Roberts Rules of Order does not permit the withdrawal of a second. City Council Approved Minutes November 28, 1995 Page 4 MOTION CARRIED, COUNCILMEMBER HALL AND FAHEY OPPOSED; THE ORIGINAL MOTION WAS TABLED. Mr. Steiner pointed out he cannot capture the additional caseload costs as he is paid on a flat fee; Mr. Feldman can capture the additional costs as he is paid on a per -case basis. Police Chief Tom Miller advised an increased caseload is a valid assumption. He noted the Aurora Marketplace annexation has resulted in a substantial increase in calls. It is a valid assumption Mr. Steiner will see -an increase caseload with six additional officers making arrests. In addition the 1996 jail budget was increased, anticipating more prisoners. He urged the Council to review Mr. Steiner's request. He noted six officers would be on-line by March, a seventh by June which is a 20% increase in the police force. Councilmember Fahey asked for clarification of the 4% rationale. Mr. Steiner stated he is paid based on a certain population. His understanding is the annexations may bring in an 8% increase in population. He is therefore requesting half the increase --a 4% increase. Councilmember Myers noted the $54,000 budgeted equated to approximately the 7.2% increase Mr. Steiner has requested. Mayor Pro-Tem Petruzzi noted some amounts were budgeted at what was requested. He was hesitant to set a standard that the Council would grant 7% increases and preferred a 5% increase. Councilmember Hall pointed out Mr. Steiner's caseload would be substantially higher next year, a 3.2% COLA would not allow Mr. Steiner to maintain his present wage. COUNCILMEMBER HALL MOVED, SECONDED BY COUNCILMEMBER FAHEY, TO RECOMMEND THE MAYOR SIGN THE ANNUAL CONTRACT FOR PROSECUTOR DAVID STEINER AT THE PROSECUTOR'S RECOMMENDED COST OF LIVING PLUS 4%. MOTION FAILED, MAYOR PRO-TEM PETRUZZI, AND COUNCILMEMBERS EARLING AND MYERS OPPOSED. COUNCILMEMBER HALL MOVED, SECONDED BY MAYOR PRO-TEM PETRUZZI, TO AUTHORIZE THE MAYOR TO SIGN MR. STEINER'S CONTRACT AT 5%. MOTION CARRIED. 's 8. ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY Municipal Court Judge Stephen Conroy referred to a description of historical and current filings, court revenues, as well as a breakdown of cases by type which had been distributed to Councilmembers. He explained the court is one of limited jurisdiction, which hears cases on gross misdemeanors and misdemeanors. He referred to the list of 1995 filings and described the headings (IT -Traffic Infractions, PP -Parking, DWI -Driving While Intoxicated, CT -Criminal Traffic, CN-Criminal Non -Traffic, DV - Domestic Violence/non-criminal). He noted court is in session all day on Mondays, every other Friday morning as well as two calendars of mitigation hearings, and daily bail hearings. He stated they try to adhere to a schedule so court is predictable, but can also be flexible as it is a part-time court. Mayor Pro-Tem Petruzzi noted the revenues in 1990 and 1993 were very high. Judge Conroy replied this is in response to caseloads. He explained 1990 was the first year they were authorized to use a collection agency to assist in collection of delinquent accounts. City Council Approved Minutes November 28, 1995 Page 5 Mayor Pro-Tem Petruzzi asked Judge Conroy how he felt about the security in his court. Judge Conroy replied there is now a full-time law enforcement person present in uniform which tends to make proceedings more orderly and there are often other officers present. He noted the uniformed presence is the most useful during infraction cases, speeding ticket cases, which tend to be more emotional. Mayor Pro Tem Petruzzi observed "a real court" would help. Judge Conroy commented the atmosphere of a courtroom tends to improve the behavior of the individuals. Councilmember Fahey asked how fines are calculated. Judge Conroy explained violations have a mandatory minimum penalty. Most offenses have only a set maximum penalty, the court determines the fine. He described the court's computer system, which is linked to the state, and provides a complete driving history and a criminal history as well as a linkage to other courts. Councilmember Fahey asked if the revenues shown were paid and unpaid fines. Judge Conroy advised the revenues shown were funds that had been received. Councilmember Fahey observed revenues through November 1995 are shown as $694,000 but the budget shows a significantly lower amount and a projection of only $556,000 for 1996 under fines and forfeitures. Judge Conroy said he believed the court filing projections for 1995 were based on statistics for 1994 (2,500 filings less than 1993), thus the revenues were projected on court filings in the range of 6,200 rather than 7,500-8,000. He noted this is only an estimate, the court responds to police activity. Councilmember Hall noted in view of the annexations, he would recommend the 5% increase. COUNCILMEMBER HALL MOVED, SECONDED BY MAYOR PRO-TEM PETRUZZI, TO DIRECT THE MAYOR TO RENEW JUDGE CONROY'S CONTRACT ALONG WITH THE JUDGE PRO-TEM CONTRACTS AT A 5% INCREASE. Councilmember Myers asked if the intent was to increase the City's $500 responsibility for the Judge Pro-Tem 5% also. Councilmember Hall said yes. MOTION CARRIED. 9. ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER C'rY gY ,-V A0 City Attorney Scott Snyder observed this year has been very challenging, both personally and professionally, for him and for other members of the firm in representation of the City --there have been some successes and some loss cutting. He described the structure of the legal budget and why some cost of living increases in certain billing categories are necessary, noting it is primarily a no -change budget. He explained there are two parts to the City's general legal budget, first there is the retainer rate which covers those services the City requires on a regular basis. The current rate of 87 hours, $100 per hour ($8,700) will be relatively accurate for those basic services. The second part of the budget is the excess legal costs budget; this is a contingency budget for the lawsuits the City chooses and is forced to enter into. He noted he usually handles writ cases, appeals from City decisions. He pointed out services previously provided by John Wallace, who is stepping back, will be provided by Phil Olbrechts which will result in significant savings in employee costs and allow the retainer rate to remain flat for the next few years. He commented the major issues facing the Council, the Planning Board and staff will be regulatory reform which will likely result in additional meetings. City Council Approved Minutes November 28, 1995 Page 6 COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER MYERS, TO APPROVE THE RATE INCREASES AS DESCRIBED IN THE LETTER FROM SCOTT SNYDER TO THE CITY DATED SEPTEMBER 11, 1995. MOTION CARRIED. 10, CONTINUED DISCUSSION OF TREE POLICY ISSUE 1A9G Mayor Pro-Tem Petruzzi stated this topic has been discussed several times by the Council and at the PaN October 24th meeting it was agreed that the ordinance be forwarded to the Architectural Design Board (ADB) for review. Planning Manager Rob Chave advised the ADB felt the ordinance was not a good idea in its present form and preferred the current policy be retained. Mayor Pro-Tem Petruzzi noted he received a letter from Kevin Pollet, legal representation for the Wagners. Mayor Pro-Tem Petruzzi stated he asked City Attorney Scott Snyder to provide some suggestions. Mr. Snyder advised his memo was sent out Monday and apparently not yet received by the City. He summarized his letter --the Council can provide individualized relief in this situation. However he expressed concern that the policy proposed in the letter was very simplistic and 1) gives right of entry to private parties to come onto City property to cut/remove without any permit procedure, 2) does not differentiate between the different types of property the City has --unopened rights of way, street trees, plantings installed on public property pursuant to ADB recommendations, or public parks, 3) ignores the role the City has given to the ADB to review and approve landscaping plans. Therefore he could not recommend this policy. His firm is interested in preserving these issues and suggested, if a change were made, it be an incremental change which permits the review of plantings on public property in line with ADB or a Park Board Master Plan. The ordinance was tailored to a very limited situation, to deal with those trees on unopened street right-of-way, other trees already have a process in place for review. He suggested, if the City wanted to change the policy, they use general standards that recognize the distinctions being discussed and those that the Council recognizes in their discussion. If the Council wants to offer particular relief to this location, there is no constitutional restriction but he would suggest the existing process of the ADB be used. He stated it would be preferable to, 1) have a permit process or review process which ensures the general public has a right to comment prior to any tree removal from public property, 2) require the person requesting removal bear the cost of removal, and 3) require removal be balanced with the replacement, preferably with an appropriate growth pattern for the neighborhood. Councilmember Kasper questioned whether the ADB should be the entity used for review. Mr. Chave stated in this particular case, there is not an approved Master Plan that the City is aware of. Parks feels the DOT may have originated the planning scheme; therefore it may be possible to forward a review based on a Master Plan for this property to consider issues raised by neighbors. Councilmember Kasper expressed concern with the broadside planting of trees and the lack of provisions to remove or replace the trees if they exceed the height limit recommended by the ADB. Mr. Chave noted the ADB's main concern seemed to be with the subjectivity of the ordinance. Councilmember Fahey expressed concern that the ADB felt the Council simply passed this ordinance to the ADB to avoid a difficult decision. She noted, in speaking with one member of the ADB, none of the members felt they had the expertise or knowledge to determine which trees to top or remove. The ADB also expressed concern with "what constitutes views." She reiterated that property values in the City are established by views; when the views are reduced by trees, property values are diminished which has an City Council Approved Minutes November 28, 1995 Page 7 effect on property taxes. She suggested staff determine the County Assessor's basis for establishing property values. Councilmember Hall commented there are two issues, a long term policy and a short term solution to the immediate problem. He observed everyone seems to be in favor of removing these trees and preferred direction be given to staff to remove the trees. Mr. Snyder stated there are two ways to solve the immediate problem --the City is a proprietary property owner of the pocket park without a Master Plan, under the City's Code the Council could direct staff to negotiate removal of the trees and replace them with comparable trees of a certain size with a 25' growth pattern. The issue would then be what approval process to use --review by the ADB or initiate a Master Plan for this tiny park. Mr. Snyder suggested he bring back a Resolution on the Council's next agenda that establishes an interim policy, and states the Council's intent under the GMA, to look at the Planning Policy and amend the existing policy. The resolution would also provide for, during the interim, negotiation of the removal of these trees and replacement with trees with a 25' height limit. He suggested a public hearing also be held. Councilmember Hall suggested the height of the trees be discussed with the interested parties. Mr. Snyder noted there are dwarf species listed in standard arborist text; staff could be directed to select trees that by that standard table, not exceed the City's height limitations. Councilmember Earling disclosed one of the agents in his office has granted an opinion of price and how that would be affected by tree growth. As the discussion shifted to a specific project, he did not participate in the discussion and would step down if a public hearing was held. 11. AUTHORIZATION TO INITIATE CONSULTANT SELECTION PROCESS FOR SL PROFESSIONAL SERVICES TO CONDUCT SURVEY ON FUNDING NEW PUBLIC SAFETY �y� COMPLEX Community Services Director Paul Mar noted a brief explanation of the effort to resolve the City's FKN� space needs, specifically for the public safety functions is contained in Council's packet. The request is pt for authorization to initiate the minor consultant process; the estimated cost of the services is below the threshold to trigger a full selection process. Councilmember Earling questioned the statement in the memo which indicated the survey could cost $7,000 to $10,000. Councilmember Fahey said the members of the Committee felt the survey could be done for less than $10,000. She noted they also reviewed the cost of the swimming pool survey ($7,000) which did not have a screening/planning process for questions in advance which they felt was important for this survey. In addition, the swimming pool survey was conducted with 300 respondents and 500 respondents are desired for this survey. Mr. Mar said other jurisdictions who have had surveys performed indicated the fee would be less than the $15,000 that triggers a full selection process. Mayor Pro-Tem Petruzzi asked if the questions would be reviewed by the Council and noted one of the Council's concerns is the scope of the project. Mr. Mar replied the scope of work would be presented to Council prior to authorization to initiate the notice to proceed. He noted he was not present at the Public Safety Citizen's meeting where the topic of Council involvement of question review or generation was discussed, but he understands that the Public Safety Committee as well as the two Police Chiefs will participate in selecting questions. If Council wants to review the questions, he felt that could be incorporated into the work plan. Mayor Pro-Tem Petruzzi stated he would like Council to approve the City Council Approved Minutes November 28, 1995 Page 8 questions. He felt in order for the survey to be meaningful in making the decision on a Public Safety Complex, they should be involved in approving the questions. Mr. Mar clarified the Council wants approval of the questionnaire as a formal agenda item. Councilmember Earling felt the Council should be involved with the scope of work but did not feel the Council should be involved with a review of the questionnaire. Mr. Mar suggested a Council representative participate in work sessions to generate key questions. Mayor Pro-Tem Petruzzi stated this would achieve his objectives. Councilmember Kasper questioned the need for 500 respondents, noting he has been involved in several large surveys with CT who used only 300 respondents. He noted much of the question generation was left to the consultants. He cautioned that the survey not try to sell something; it is intended to ask for opinions. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HALL, THAT STAFF BE AUTHORIZED TO INITIATE CONSULTANT SELECTION PROCESS FOR THE PUBLIC SAFETY CITIZENS SURVEY WITH A MAXIMUM DOLLAR AMOUNT OF $10,000. Mayor Pro-Tem Petruzzi asked if a funding source has been identified. Mr. Mar replied a funding source is not required until the contract is signed, this action is only to initiate the selection process. MOTION CARRIED. 12. BUDGET WORK SESSION - Continued discussion on revenue and expense changes and Council's &� alternative recommendations, discussion on capital expenditures and community requests for funds Mayor Pro-Tem Petruzzi stated he looked to Council to identify items to be lowered, moved from one line source into the Council Contingency fund, etc. Councilmember Fahey asked for clarification of the question she asked Judge Conroy regarding revenues. Accounting Manager Charles Day stated Judge Conroy used gross figures, the City is not allowed to keep gross, they must remit a portion of those funds to the state. The figure in the budget is the net figure which the City retains. Capital Expenditures Councilmember Earling commented the subject of the Hwy 99 project and the necessary funds had been raised last year and asked where the City stands on funding their portion of the project. Mr. Mar said the project is in design now, the $20,881,500 cost estimates seen last year for the total project, have not changed, no new technical information has been provided. Councilmember Kasper noted Lynnwood had $1.6 million in their budget last year for their portion. Mr. Mar advised the design portion of the project is Lynnwood's responsibility, primarily funded from TIB funds, the City of Edmonds will not participate in the design. In 1996, the right-of-way acquisition phase will begin, funded by TIB and the City of Edmonds will not participate. Construction could begin in 1997. He commented WSDOT's portion, $2.2 million, is not available although there is a chance the funding could be restored prior to the construction of the project. City Council Approved Minutes November 28, i995 Page 9 In response to Mayor Pro-Tem Petruzzi, Mr. Mar explained the City of Edmonds' portion was estimated in 1994 to be $930,000-$940,000. This is the figure without the WSDOT contribution, with the WSDOT contribution, the City's portion would be $500,000. Mr. Mar indicated Snohomish County is hesitant about participating in the project --their contribution without WSDOT is $980,000. There would be a question of the project proceeding if the WSDOT funding and the Snohomish County funding is not available. As the lead agency for this project, Lynnwood's 1996 proposed budget shows the City of Edmonds' contribution to the project as $1.183 million. Mr. Mar is awaiting clarification from Bob Dixon, Lynnwood, regarding this figure versus the $993,00 figure provided earlier. He indicated it appears the City of Edmonds' participation will be approximately $900,000 - $1 million. Mayor Pro-Tem Petruzzi asked what is the balance at the end of 1995. Accounting Manager Charles Day advised there is $500,000 for 1995, an ending cash balance of $93,000 is projected, thus there is a total ending cash balance of $593,000 at the end of 1996 (page 134). Mr. Day indicated there was no contribution for 1996, the amount was carried over from 1995 into 1996. Council expressed concern that adequate funds would not be available for construction. Mr. Mar noted construction would be spread over three years, 1997-1999 and the next cost estimate for the project would be available next year. Mayor Pro-Tem Petruzzi stated that the City of Edmonds could assume their participation will be close to what the City of Lynnwood is proposing as they are the lead agency. Mr. Mar noted Lynnwood and their consultant need to determine, if the WSDOT funds are not available and Snohomish County pulls out, can the scope of the project be reduced to accomplish their needs and the jurisdictions involved can afford to participate. Mayor Pro-Tem Petruzzi observed the ending cash reserve for SR 99 in the budget for 1996 is $500,000. Mr. Day stated the $500,000 is earmarked, is cash reserve, and in addition, there is a $100,000 construction project tied to the SR 99 project. Mr. Petruzzi stated it did not appear the $100,000 was designated for the SR 99 project. Mr. Mar explained the $100,000 was budgeted as it was initially believed Edmonds would participate in right-of-way acquisition. It now appears the funding of the right- of-way acquisitions will come from TIB/ISTEA funds. Councilmember Earling observed the City would likely be $300,0004500,000 short of their portion of the construction costs. He expressed doubt the funds would be available from WSDOT and preferred $100,000 be set aside each year for the next 3-4 years until County and State funding can be determined. Mr. Day explained the ending cash balance for 1996 for that fund is projected to be $163,000. Mr. Mar noted that fund also covers chip sealing, although there are no projects planned for 1996. Mayor Pro-Tem Petruzzi stated numbers can be moved around but in reality they cannot. He urged staff to combine the $500,000 in cash reserve and the $100,000 in construction projects to show $600,000 on one line for SR 99. If the ending cash balance of $163,000 were allocated to SR 99, the City cannot do anything else. He agreed with Councilmember Earling's recommendation to put $100,000 aside each year. Councilmember Kasper noted there is road work needed in the City now. Mayor Pro-Tem Petruzzi asked if the $250,000 allocated for the incinerator would be adequate. Mr. Mar stated staff believes this figure is adequate, he will provide any updates to the Council. City Council Approved Minutes November 28, 1995 Page 10 Mayor Pro-Tem Petruzzi referred to page 154, noting the City-wide overlay is funded at $200,000, $40,000 less than last year. Mr. Mar advised this information was not available but could be provided next week. Mayor Pro-Tem Petruzzi questioned the adequacy of the $101,000 budgeted for 1996 building maintenance, noting $190,000 was budgeted in 1995. Public Works Superintendent Noel Miller described maintenance projects for 1996--$20,000 for log cabin repairs, $10,000 for ADA improvements City-wide, and $23,000 for the museum roof replacement. He noted a list of deficiencies was prepared two years ago but since there was no further discussion, staff assumed they must accept the approximate $100,000 budget unless Council saw fit to increase it. Councilmember Kasper noted that is not the way Council read it. Councilmember Earling stated Council should be advised which projects remained on the list of deficiencies so they could be addressed if possible. He noted money had been moved around to retain jobs and salary increases, add staff as necessary and the long term needs have not been addressed. He urged the City to set aside funds to anticipate needs. Mr. Mar noted staff assumed no additional money would be spent on the Finance, Administration, or Executive and Community Services buildings on the current site as a commitment has been made to purchase/renovate the Edmonds Financial Center building. Therefore all deficiencies identified on those three buildings have not been addressed. In addition, no routine maintenance or upgrades have been identified in the Public Safety building because it is felt the costs will not be recovered if the Public Safety complex proceeds. Councilmember Earling noted the City participated with the Alderwood and the Edmonds Rotary Club on the resurrection of the Boys and Girls Club. He recommended the $16,000 requested by the Boys and Girls Club be budgeted to make the facilities available to the community. Councilmember Fahey asked if there was a fund in Parks and Recreation to fund the Boys and Girls Club. Parks and Recreation Manager Arvilla Ohlde advised the only fund available for capital is the 125 for outdoor park and recreation. Councilmember Myers questioned the $55,000 funding for a skateboard facility. Ms. Ohlde described the skateboard park and advised this request was made in 1995 by a group of students who approached the City. She noted Lynnwood is considering a skateboard facility so there is a possibility for a joint facility at Lyandale Park. She explained there are issues to be resolved with the legislature --to place skateboard parks under the Immunity Act of the State of Washington to limit their liability. Councilmember Myers questioned the $100,000 budgeted for land acquisition. Ms. Ohlde noted this was budgeted in the event an offer came before the Council. Mayor Pro-Tem Petruzzi questioned the amount of money in the LEOFF 1 insurance fund and noted this is a concern to several councilmembers. There is approximately $60,000-$70,000 in the fund and there should be $100,000. Personnel Manager Brent Hunter advised when this was reviewed last year, the Council elected to fund it at the rate of $70,000 per year. The first year that amount was budgeted, however, only $30,000 is budgeted for 1996. He advised there is $98,400 in the fund at the end of 1995 and $30,000 will be added in 1996. Mayor Pro-Tem Petruzzi clarified $41,600 is necessary to restore funding of $140,000. Mayor Pro-Tem Petruzzi asked if the amount budgeted this year for the fire truck reserve fund puts the department on track. Fire Chief Michael Springer stated the projection provided to Council showing replacement for the ladder truck, fire engines, utility vehicles and aid cars, falls short -'by approximately City Council Approved Minutes November 28, 1995 Page 11 $130,000. Mayor Pro -Tern Petruzzi commented the entire $130,000 would be difficult, but felt some additional funding should be provided. Councilmember Hall noted $10,000 was budgeted for volunteer fire fighters last year and felt, due to the resurgence of support from the Fire Chief and the Council, this deserves to be funded at the same level. Councilmember Myers referred to Labor and Negotiation Services and asked what groups the City would be bargaining with this year. Personnel Manager Brent Hunter advised they would start the bargaining process with all five bargaining units in Summer 1996. He noted two expenses are incurred --the actual negotiations, which are typically budgeted in the personnel budget and additional contract administration costs are budgeted in the City Attorney's budget. Mayor Pro -Tern Petruzzi summarized the City has not been very successful in providing proper reserves in the City for buildings, and building repair, and to ensure sufficient money is available to fund projects when the day comes. He felt it was necessary this year to make a start in the right direction. He felt the SR 99 project needed an additional $100,000. In addition, $50,000 should be added to establish a Deferred Maintenance Fund. The Boys and Girls Club should receive the $16,000 funding. The LEOFF 1 fund is $41,600 short of what the Council established they wanted to do. An additional $10,000 is needed for volunteer fire fighter salaries. At least $50,000 should be added to the fire engine reserve fund. These equate to approximately $267,600; he suggested staff be advised of the areas Council wants increased and to make the appropriate cuts in the budget. He stressed he did not want the money to come from any ending cash balances. He suggested the $184,000 increase in overtime, reduced by $62,000 last week, be reviewed. He also asked that figures for computers be reviewed. Councilmember Myers noted on page 107, the Public Works weight equipment was reduced from $5,000 to $2,500 and asked if similar cuts were made in other departments. Mr. Mar advised the utility funds have not been revisited. He advised they were considering reductions of approximately half of what was proposed. AD COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER KASPER, TO �Xt�& EXTEND THE MEETING TEN MINUTES. MOTION CARRIED. M� Councilmember Fahey suggested additional funds be added to the Council Contingency Fund. Accounting Manager Charles Day advised the Council Contingency Fund is projected to have an ending cash balance in 1995 of $123,270 and ending cash balance in 1996 or $243,270. He noted the $120,000 for salaries has been decreased to $110,000, resulting in $133,270 in the Contingency Fund. Mayor Pro - Tern Petruzzi recommended there be at least $150,000 in the Contingency Fund, net of the $110,000 for salaries. Therefore, $16,730 should be added. Fire Chief Michael Springer referred to page 80, and noted the $10,000 in volunteer salaries only covers Edmonds portion, $7,500 is necessary for the Esperence Fire Station. Mayor Pro -Tern Petruzzi agreed. Councilmember Hall recommended the Miss Edmonds Pageant be funded with $1,000. Mayor Pro-Tem Petruzzi noted this could be included in the Mayor's budget. Councilmember Petruzzi reminded the Council of the dedication of the Edmonds Financial Center on Wednesday, December 6th, 5:00 - 7:00 p.m. There being nome before the Council, the meeting was adjourned at 10:15 p.m. "IHIALL,-M-AZYOR NDRA S. CHASE• City Council Approved Minutes CITY CLERK November 28, 1995 Page 12 1 AGENDA EDMONDS CITY COUNCIL Vw Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. NOVEMBER 28, 1995 SPECIAL MEETING CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF NOVEMBER 14, 1995 (C) APPROVAL OF CLAIM WARRANTS #3256S THRU #5439F FOR THE WEEK OF NOVEMBER 20, 1995 1N THE AMOUNT OF $130,486.95; AND APPROVAL OF PAYROLL WARRANTS #956388 THRU #956715 FOR THE PERIOD OF NOVEMBER 1 THRU NOVEMBER 15, 1995 IN THE AMOUNT OF $464,507.22 (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM SUSIE PRAVITZ ($29.90 + tax), AND FROM ROBERT AND NICKI MARSH ($2,412.86) (E) REPORT ON GENERAL FUND FINANCIAL POSITION FOR THE PERIOD ENDED OCTOBER 31, 1995 (F) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW REGARDING A HEARING HELD ON NOVEMBER 14, 1995 ON TWO APPEALS OF THE HEARING EXAMINER'S DECISION TO APPROVE A CONDITIONAL USE PERMIT FOR THE EDMONDS FLORAL & ARTS FOUNDATION FOR THE CONSTRUCTION OF A FLORAL & ARTS CENTER LOCATED AT 203 AND 211 4TH AVENUE NORTH (Appellants: Marvin Smith and Edgar Hodgson; Applicant: Edmonds Floral and Arts Foundation and Edgar Hodgson I File Nos. CU-95-137, AP-95-167, and AP-95-169) (G) MOTION TO AUTHORIZE REFERRAL OF AN OFFER TO NEGOTIATE PURCHASE OF TIDELANDS TO THE PLANNING BOARD FOR CAPITAL FACILITIES PLAN AMENDMENT CONSIDERATION 3. (10 Min.) HEARING ON AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY KNOWN AS THE "SHERWOOD VILLAGE" ANNEXATION AREA PURSUANT TO THE ELECTION METHOD (File No. AX- 95-24) 4. (10 Min.) HEARING ON AN ORDINANCE ANNEXING CERTAIN REAL PROPERTY KNOWN AS THE "FOREST GLEN" ANNEXATION AREA PURSUANT TO THE ELECTION METHOD (File No. AX-95-24) 5. (15 Min.) ANNUAL REPORT FROM MUNICIPAL COURT JUDGE STEPHEN CONROY 6. (10 Min.) ANNUAL REPORT FROM PUBLIC DEFENDER JAMES FELDMAN 7. (10 Min.) ANNUAL REPORT FROM PROSECUTOR DAVID STEINER 8. (15 Min.) ANNUAL REPORT FROM HEARING EXAMINER RONALD MCCONNELL 9. (15 Min.) ANNUAL REPORT FROM CITY ATTORNEY SCOTT SNYDER 10. (30 Min.) CONTINUED DISCUSSION OF TREE POLICY ISSUE -Continued- EDMONDS CITY COUNCIL MEETING AGENDA NOVEMBER 28, 1995 PAGE TWO 11. (5 Min.) AUTHORIZATION TO INITIATE CONSULTANT SELECTION PROCESS FOR PROFESSIONAL SERVICES TO CONDUCT CITIZEN SURVEY ON FUNDING NEW PUBLIC SAFETY COMPLEX 12. (60 Min.) BUDGET WORK SESSION a. Continued Discussion on Revenue and Expense Changes and Council's Alternative Recommendations b. Discussion on Capital Expenditures C. Discussion on Community Requests for Funds Pj 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. Delayed telecast of this Meeting appears Wednesday evening at TOO p.m. on Channel 36, and the following Friday and Monday at noon on Channel 32.