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12/11/2001 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES December 11, 2001 xecutive Following a Special Meeting at 6:30 p.m. for an Executive Session regarding a legal matter, the Edmonds session City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5`h Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Jeff Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Richard Marin, Councilmember Deanna Dawson, Councilmember ALSO PRESENT Meredith Storey, Student Representative STAFF PRESENT Tom Tomberg, Fire Chief David Stern, Chief of Police Al Compaan, Assistant Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Noel Miller, Public Works Director Brent Hunter, Human Resources Director Arvilla Ohlde, Parks and Recreation Director Jim Larson, Assistant Admin. Serv. Director Rob Chave, Planning Manager Steve Koho, Wastewater Treatment Plant Mgr. Dave Gebert, City Engineer Steve Bullock, Senior Planner Darrell Smith, Traffic Engineer Lyle Chrisman, Development Services Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 10ath of I ADMINISTRATION OF OATH TO COUNCILMEMBER JEFF WILSON ffice Lieutenant Colonel Melvin Wilson, U.S. Air Force, Retired (Mr. Wilson's father), administered the Oath of Office to Jeff Wilson. Mayor Haakenson recessed the meeting to a brief reception in Mr. Wilson's honor. 1. APPROVAL OF AGENDA COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Dawson pulled Item O from the Consent Agenda, Councilmember Marin pulled Item G, Councilmember Wilson pulled Item H, and Councilmember Petso pulled Item J. Edmonds City Council Approved Minutes December 11, 2001 Page 1 f 1 rd #3386 (N) ORDINANCE NO. 3386 AMENDING THE CITY'S COMPREHENSIVE PLAN, CAPITAL Capital FACILITIES ELEMENT, TO ADOPT A COMMON SITING PROCESS FOR ESSENTIAL Facilities PUBLIC FACILITIES, AND DIRECTING AMENDMENT THEREOF IN ACCORDANCE Element WITH THE ATTACHED EXHIBIT A. �es#1015 Meredith (P) RESOLUTION NO. 1015 COMMENDING STUDENT REPRESENTATIVE MEREDITH ,Storey STOREY FOR HER SERVICE Res #1016 (Q) RESOLUTION NO. 1016 COMMENDING COUNCIL PRESIDENT DAVE EARLING aye Earlin FOR HIS SERVICE ouncil resident Item G: Approval of Findings of Fact regarding a Closed Record Meeting held on November 20, 2001, on an appeal of a Hearing Examiner's decision to deny an appeal of a staff Code interpretation of the definition of a hedge. The "hedge" is located at 18108 — 88`h Avenue West and is zoned Single - Family Residential (RS -12). (Appellants: Walter and Elena Lee /File No. AP -01 -1.67 and AP- 014121 Edmonds City Council Approved Minutes December 11, 2001 Page 2 COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL Approve 12/01/01 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 1, 2001 Minutes Approve (C) APPROVAL OF CITY COUNCIL MEETING MINUTES OF DECEMBER 4, 2001 12/04/01 Minutes (D) APPROVAL OF CLAIM CHECKS #52239 THROUGH #52392 FOR THE WEEK OF DECEMBER 3, 2001, IN THE AMOUNT OF $1,599,559.11. APPROVAL OF PAYROLL pprove laim DIRECT DEPOSITS AND CHECKS #3754 THROUGH #3852 FOR THE PERIOD becks NOVEMBER 16 THROUGH NOVEMBER 30, 2001, IN THE AMOUNT OF $749,054.32. laim for (E) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM ALMA AYALA amages ($16,357.97) endment (I) APPROVAL OF PROPOSED AMENDMENT TO THE CITY'S MUNICIPAL o MEBT Nn EMPLOYEE BENEFIT TRUST PLAN CONTAINING INTERNAL REVENUE SERVICE REQUIRED CHANGES TO COMPLY WITH THE ECONOMIC GROWTH AND TAX RECONCILIATION ACT OF 2001 (EGTRRA) [Prosecutor ontract (1) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR PROSECUTOR SERVICES WITH JEFFREY GOODWIN Boards and ommission bers (K) RECOGNITION OF RETIRING BOARDS AND COMMISSIONS MEMBERS (2001) 3384 tes (L) ORDINANCE NO. 3384 AMENDING THE PROVISIONS OF CHAPTER 2.15.060 Pro REGARDING THE APPOINTMENT OF JUDGES PRO TEM OF THE EDMONDS MUNICIPAL COURT, AND PROVIDING COMPENSATION THEREOF rd #3385 (M) ORDINANCE NO. 3385 ADOPTING AMENDMENTS TO THE COMPREHENSIVE end PLAN, TO WIT, AN AMENDMENT TO THE COMPREHENSIVE PARK, RECREATION om Plan AND OPEN SPACE PLAN, COMMUNITY YOUTH PLAN ELEMENT NO. 1, CEMETERY MASTER PLAN ELEMENT NO. 2, AND TO THE COMMUNITY CULTURAL PLAN ELEMENT NO. 3; COMPREHENSIVE PLAN — TRANSPORTATION ELEMENT, AND TO THE COMPREHENSIVE PLAN — PORT DISTRICT MASTER PLAN; AND DIRECTING STAFF TO INCLUDE SUCH AMENDMENTS IN THE CITY'S COMPREHENSIVE PLAN rd #3386 (N) ORDINANCE NO. 3386 AMENDING THE CITY'S COMPREHENSIVE PLAN, CAPITAL Capital FACILITIES ELEMENT, TO ADOPT A COMMON SITING PROCESS FOR ESSENTIAL Facilities PUBLIC FACILITIES, AND DIRECTING AMENDMENT THEREOF IN ACCORDANCE Element WITH THE ATTACHED EXHIBIT A. �es#1015 Meredith (P) RESOLUTION NO. 1015 COMMENDING STUDENT REPRESENTATIVE MEREDITH ,Storey STOREY FOR HER SERVICE Res #1016 (Q) RESOLUTION NO. 1016 COMMENDING COUNCIL PRESIDENT DAVE EARLING aye Earlin FOR HIS SERVICE ouncil resident Item G: Approval of Findings of Fact regarding a Closed Record Meeting held on November 20, 2001, on an appeal of a Hearing Examiner's decision to deny an appeal of a staff Code interpretation of the definition of a hedge. The "hedge" is located at 18108 — 88`h Avenue West and is zoned Single - Family Residential (RS -12). (Appellants: Walter and Elena Lee /File No. AP -01 -1.67 and AP- 014121 Edmonds City Council Approved Minutes December 11, 2001 Page 2 Councilmember Marin explained he pulled this item from the Consent Agenda to allow him to vote against it, consistent with his vote last week. Councilmember Wilson indicated he would abstain from the vote as he was not present for the public hearing and had not had an opportunity to review the testimony. Approve Findings of COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, act - Lee FOR APPROVAL OF ITEM G. MOTION CARRIED (4 -2 -1), COUNCILMEMBERS MARIN AND Appeal ORVIS OPPOSED, AND COUNCILMEMBER WILSON ABSTAINING. The item approved is as follows: (G) APPROVAL OF FINDINGS OF FACT REGARDING A CLOSED RECORD MEETING HELD ON NOVEMBER 20, 2001 ON AN APPEAL OF A HEARING EXAMINER'S DECISION TO DENY AN APPEAL OF A STAFF CODE INTERPRETATION OF THE DEFINITION OF A HEDGE. THE "HEDGE" IS LOCATED AT 18108 - 88`h AVENUE WEST AND IS ZONED SINGLE - FAMILY RESIDENTIAL (RS -12). (Appellants: Walter and Elena Lee / File No. AP -01 -167 and AP -01 -112) Item H: Final aaaroval of a 27 Lot Plat / Planned Residential Develoament (PRD) on 100`h Avenue West between 234`' Street SW and 236`" Street SW. The Droiect, formerlv known as Lincoln Estates. will be recorded as Woodbury at Edmonds. (File No. PFD - 2000 -21 and P- 2000 -105) Councilmember Wilson explained he pulled this item from the Consent Agenda to allow him to abstain from the vote as he had not been present during the public hearing and had not had an opportunity to review the record. Councilmember Dawson indicated she would also abstain from the vote for the same reason. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR APPROVAL OF ITEM H. MOTION CARRIED (5 -0 -2), COUNCILMEMBERS WILSON AND DAWSON ABSTAINING. The item approved is as follows: (H) FINAL APPROVAL OF A 27 LOT PLAT / PLANNED RESIDENTIAL DEVELOPMENT (PRD) ON 100th AVENUE WEST BETWEEN 234TH STREET SW AND 236TH STREET SW. THE PROJECT, FORMERLY KNOWN AS LINCOLN ESTATES, WILL BE Ord #13383 RECORDED AS WOODBURY AT EDMONDS. (File No. PRD- 2000 -21 and P- 2000 -105) Approve Planned ORDINANCE NO. 3383 APPROVING A PLANNED RESIDENTIAL DEVELOPMENT- Residential SUBDIVISION FORMERLY KNOWN AS LINCOLN ESTATES AND NOW Development DESIGNATED AS WOODBURY AT EDMONDS AND LOCATED AT 23415 - 100TH Subdivision- AVENUE WEST, EDMONDS, WASHINGTON, APPLICATION NO. P- 2000 -105 AND Woodbury t Edmonds onds PRD- 2000 -21, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Item J: Authorization for Mavor to sign a two -vear lease for four (4) 2002 Ford Crown Victoria Police Cars olice Car with Financial Consultants International, Inc., in the amount of $128,091.76 Pease Councilmember Petso requested clarification regarding the additional $90,000 in this item that was not required to be appropriated. Public Works Director Noel Miller responded the $90,000 would be reserved in the Equipment Rental Fund to cover any shortfalls in future City Council budgets for lease payments beyond 2002. He anticipated there would be sufficient funds in the Police Department budget for the lease. City Attorney Scott Snyder explained the lease states the funds have been appropriated and did not contain a non - appropriation clause. Edmonds City Council Approved Minutes December 11, 2001 Page 3 Councilmember Petso inquired when the funds would be returned to the budget. Mr. Snyder explained in future budget cycles, funds appropriated from the Police budget would free up the amount of the original appropriation. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF ITEM G. MOTION CARRIED UNANIMOUSLY. The item approved is as follows: () AUTHORIZATION FOR MAYOR TO SIGN A TWO -YEAR LEASE FOR FOUR (4) 2002 FORD CROWN VICTORIA POLICE CARS WITH FINANCIAL CONSULTANTS INTERNATIONAL, INC. IN THE AMOUNT OF $128,091.76 Item O: Proposed Ordinance amending the provision of the Edmonds Communitv Development Code b repealing and reenacting Chapter 20.35, Planned Residential Development; Amending Title 21 to add a new Chapter 21.125 "Z" Terms and to add a new Section 21.25.010 defining Zero Lot Line Development Councilmember Dawson explained she planned to vote against the ordinance based on the comments she made at the last meeting. She noted her primary objections were that there was no minimum number of units and that it would allow duplexes. Councilmember Petso concurred with Councilmember Dawson's comments. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF ITEM O. MOTION CARRIED (5 -2) COUNCILMEMBERS PETSO AND DAWSON OPPOSED. Ord #3387 fanned (0) ORDINANCE NO. 3387 AMENDING THE PROVISIONS OF THE EDMONDS idential COMMUNITY DEVELOPMENT CODE BY REPEALING AND REENACTING elop- CHAPTER 20.35 PLANNED RESIDENTIAL DEVELOPMENT; AMENDING TITLE 21 t TO ADD A NEW CHAPTER 21.125 "Z" TERMS AND TO ADD A NEW SECTION 21.25.010 DEFINING ZERO LOT LINE DEVELOPMENT BrightWater Mayor Haakenson reported yesterday several staff members, approximately 15 Edmonds residents, and Treatment he spent a considerable amount of time providing testimony to the King County Council, requesting they lant — King remove Edmonds from the list of possible sites for a new treatment plant. He thanked the residents who °ADTy cared enough about the issue to voice their concerns to King County, particularly those who sat through Council hours and hours of public comment, comments made to a body that appeared disinterested and who appeared to have already made up their minds on the matter. He commented it hardly seemed the democratic way when King County could dictate to citizens of Edmonds what can be done in the City. He encouraged Edmonds citizens to contact their State Representatives and urge them to change the ridiculous legislation that allows another municipality to dictate what takes place in the City with absolutely no accountability on their part. Mayor Haakenson thanked staff members, particularly Duane Bowman, Stephen Clifton, and Steve Koho for the work they did that enabled him to make his comments to the King County Council. He noted the City's staff is dedicated, educated and gives government a good name in a world where government and City staff are easy targets for the nay sayers of society. He concluded although the City lost the first round with King County as the King County Council chose to move forward with an EIS on the Unocal property, the City was not done and would continue the fight. He applauded citizens and staff for their participation in the process. Councilmember Plunkett commented he and other Councilmembers were restrained from commenting with regard to the substance of Brightwater. He watched the King County Council meeting on television Edmonds City Council Approved Minutes December 11, 2001 Page 4 and was proud of the citizens who attended the meeting as well as of staff whose comments were professional, articulate and persuasive. He thanked Mayor Haakenson for his involvement and for voicing his concerns in an articulate and statesman -like manner. 3. PRESENTATION OF RESOLUTION AND PLAQUE TO MEREDITH STOREY, STUDENT Meredith Storey, REPRESENTATIVE Student Represent- Council President Earling read Resolution No. 1015 commending Ms. Storey for her service as Student ative Representative. He presented her with a plaque in recognition of her valued support as Student Representative, September —December 2001. Student Representative Meredith Storey commented she was honored to serve as Student Representative and would use what she had learned in the future. Dave Earling 4. PRESENTATION OF RESOLUTION AND PLAQUE TO DAVE EARLING, COUNCIL Council resident PRESIDENT Mayor Haakenson read Resolution No. 1016 commending Council President Earling for his dedicated service as Council President and his years of public service. Mayor Haakenson also presented Council President Earling with a plaque in recognition of his service. Mayor Haakenson commented it had been a pleasure serving with Council President Earling as Council President during the past year as well as for the past six years as an elected* official. Council President Earling thanked the Council for endorsing him as Council President. He commented most people select the people they associate with, however, as an elected official, you had to work with "whoever shows up." He explained it was a learning process to work together and the Council worked hard to achieve consensus. He looked forward to working with the Council and citizens over the next two years of his term. Ord 43388 5. ORDINANCE NO. 3388 RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR TGO THE ISSUANCE OF $2,255,000 PAR VALUE OF LIMITED TAX GENERAL OBLIGATION Bonds to Purchase BONDS 2001 SERIES B OF THE CITY FOR GENERAL CITY PURPOSES TO PROVIDE Marina FUNDS WITH WHICH TO PURCHASE CERTAIN REAL PROPERTY; FIXING THE DATE Beach FORM MATURITIES INTEREST RATES TERMS AND COVENANTS OF THE BONDS; ESTABLISHING A BOND REDEMPTION FUND AND A CONSTRUCTION FUND; PROVIDING FOR BOND INSURANCE; AND APPROVING THE SALE AND PROVIDING FOR THE DELIVERY OF THE BONDS TO SEATTLE - NORTHWEST SECURITIES CORPORATION OF SEATTLE, WASHINGTON Ms. Hetzler reported earlier today pricing had been completed on $2.2 million in Limited Tax General Obligation (LTGO) bonds for the purchase of Marina Beach from Unocal. As the City expects to receive grant proceeds in the approximate amount of $2 million, the bond issue was structured with an extraordinary call provision that will allow the City to redeem the bonds once the grant proceeds are received. Richard Ehlers, Seattle Northwest Securities explained they began at 6:00 a.m. soliciting orders for the bonds subject to Council action tonight. He reviewed the Bond Sales Results, explaining one of the goals established was to provide the funds necessary to complete the acquisition of the Marina Beach property in a timely manner. The bond issue will close on December 19, which will allow payment to Unocal on December 20. He described the necessary steps in the marketing process including the bond rating process. He explained Moody's Investor Service confirmed the City's Al bond rating on non - voted bonds. Edmonds City Council Approved Minutes December 11, 2001 Page 5 Mr. Ehlers reviewed the extraordinary call provision for. these bonds, explaining normally bonds are not callable for 10 years which provides some protection for bond holders and provides the issuer the ability to call the bonds halfway through the issue. Due to the potential receipt of grant funds, the issue was structured with a special call, maintaining the normal 10 -year call for any reason; in addition, from grant proceeds for this project only, the City may pay off the bonds at any time. As a result, the interest rates were slightly higher, a true interest cost of 5.314 %. He commented although this was not the 30 -year low, it was close. He referred to a graph in the packet of a 25 -year History Bond Buyer Index. He explained the bonds were marketed with insurance in accordance with the cost benefit analysis, which indicated it was appropriate to purchase insurance to obtain a AAA rating. Councilmember Marin inquired about the response in the market. Mr. Ehlers explained it was a little slow but resulted in one order for each of the term bonds. At the time the order was terminated and a commitment made on interest rates subject to Council action, approximately $800,000 of the issue was unsold. Since then, only approximately $380,000 is unsold. He indicated Seattle Northwest Securities would accept that risk. Bob Yeasting, the City's Independent Financial Advisor, commented interest rates had increased since the sale of the Local Improvement District bonds, although long term bond rates were only 'h% above the 30 year low. He referred to the comparable sales report, commenting the underwriters did a good job and recommended awarding the sale of bonds on the basis of their purchase offer. Hugh Spitzer, Foster Pepper & Shefelman, explained the proposed ordinance authorized the issuance of bonds in specific amounts, maturities, and interest rates. The ordinance includes redemption provisions including the extraordinary redemption that was described by Mr. Ehlers and approves the bond purchase contract and authorizes the City to sign it. He noted the ordinance includes a continuing disclosure obligation for the City; the FCC requires most governmental issuers to provide information on a yearly basis so that investors in the secondary market can obtain information about the City such as audited and non - audited financials. Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF ORDINANCE NO. 3388. Councilmember Marin clarified the City made an offer on Marina Beach and was approaching the date when the transaction must be closed, however, the state grant funds have not yet arrived. This interim action would allow the City to complete the sale in anticipation of the receipt of the grant funds. MOTION CARRIED UNANIMOUSLY. The ordinance approved reads as follows: rd #3388 LTGO ORDINANCE NO. 3388 OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO Bonds to CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE OF $2,255,000 PAR Purchase VALUE OF LIMITED TAX GENERAL OBLIGATION BONDS, 2001 SERIES B, OF THE CITY Marina FOR GENERAL CITY PURPOSES TO PROVIDE FUNDS WITH WHICH TO PURCHASE Beach CERTAIN REAL PROPERTY; FIXING THE DATE, FORM, MATURITIES, INTEREST RATES, TERMS AND COVENANTS OF THE BONDS; ESTABLISHING A BOND REDEMPTION FUND AND A CONSTRUCTION FUND; (PROVIDING FOR BOND INSURANCE); AND APPROVING THE SALE AND PROVIDING FOR THE DELIVERY OF THE BONDS TO SEATTLE - NORTHWEST SECURITIES CORPORATION OF SEATTLE, WASHINGTON Community Services Director Stephen Clifton explained earlier this year, Council authorized staff to enter into negotiations and prepare a purchase and sale agreement with Unocal to purchase the Edmonds City Council Approved Minutes December 11, 2001 Page 6 approximately 4 acre Marina Beach property south of the Port of Edmonds. Since that time, Parks and Recreation Director Arvilla Ohlde and he have been working to obtain state funding. He reported the City received notification today from the Federal Highway Administration (FHWA) authorizing Transportation Funds to purchase the City's portion of the Marina Beach property. Woodway 6. WOODWAY ELEMENTARY SCHOOL WALKWAY PROJECT Elementary School City Engineer Dave Gebert explained the objective of this item was to obtain Council approval to move Walkway forward with the Woodway Elementary School Walkway project construction in summer 2002. He Project provided background for the project, explaining the issue of sidewalks in the Woodway Elementary School neighborhood dates back a number of years, before the area was annexed to the City. A few years ago, Woodway Elementary School and the PTA contacted the City expressing concerns with the safety of students walking to /from school and the need for sidewalks in the neighborhood. Based on that concern, in 1999 -2000, a project was identified and several meetings were held with the school district, PTA, and the City to discuss the concerns and develop a project. A design was initiated and preliminary design drawings were posted at the school for review. One of the goals in the Walkway Plan is to provide walkways and sidewalks in the vicinity of elementary schools such as this. He noted sidewalks, particularly a grade sidewalk such as proposed in this project, provided needed separation between pedestrians and vehicle traffic. Mr. Gebert explained the City proceeded to partner with the school district to develop a project for combined construction of sidewalks in the neighborhoods as well as repair to the school's parking lot (for which the school provided funding). An interlocal agreement was signed between the school district and the City and a grant application submitted in August 2000 under the Traffic Safety Near Schools grant program. A team of school zone experts reviewed the application, confirmed the priority need of the project and approved a $150,000 grant. The City included the project in the 2001 -2006 Capital Improvement Program for construction in 2001. Staff then proceeded to finalize the design, advertise for construction, and received construction bids in June 2001. Upon the receipt of bids, comments were received from residents of the neighborhood opposing the project or identifying specific issues that had not been adequately addressed in the project design. Mr. Gebert explained some of the concerns raised included loss of parking and landscaping area, concerns with the private property owners' responsibility for maintenance of the sidewalk and potential property owner liability, issues related to drainage, location of mailboxes, individual property- specific issues and a general preference not to have sidewalks in the neighborhood. In July 2001, Council rejected the bids at the recommendation of staff to allow staff to conduct neighborhood meetings to solicit neighborhood input and determine whether revisions to the design were appropriate. Mr. Gebert explained the intent of the first meeting, held September 19, 2001, was to brief attendees on the status, background and design of the project as well as solicit public input from the neighborhood. Prior to the September meeting, questionnaires were distributed to 105 residents in the immediate neighborhood where walkways were being installed. A total of 50 responses were returned with 58% in favor of the sidewalks, 36% opposed to the sidewalk and 6% were undecided or neutral. A total of 40 residents attended the first meeting. Staff responded to concerns such as loss of parking, whether the project was needed, whether speed bumps should be provided, relocation of mailboxes, which side of the street sidewalks should be placed on, the city doing work on school property, storm drainage, and loss of landscaping. Subsequent to the September meeting, staff considered the comments and revised the design. A second questionnaire was distributed to 105 residents of the immediate area to solicit comments on the revised Edmonds City Council Approved Minutes December 11, 2001 Page 7 design. Of the 36 responses to the second questionnaire, 58% favored the revised design, 3% favored the previous design, 8% indicated either design was acceptable, and 31% opposed the walkway project. A second neighborhood meeting was held on November 7, 2001, where a number of questions /comments were addressed including a suggestion to designate a separate route for buses and pedestrians to eliminate the need for sidewalks on some streets particularly 97`h Place, concerns with excessive bus speeds, concern with vehicle speeds, the need for a more frequent police presence, a suggestion to provide school crossing guards at more intersections, a concern that parking should be provided on the north side of 240`h Place SW and 97`h Place SW, a suggestion to relocate the Community Transit bus stop on 100`h Avenue and suggestions to install flashing lights and reflective speed bumps. Mr. Gebert indicated a complete summary of the questions /answers that arose during the process was included in the Council packet. Mr. Gebert stated 17 residents attended the second meeting; the majority favored the walkway project and the revised design. However, suggestions were made at the meeting and on the questionnaire that caused staff to develop a third alternative. The third alternative eliminates sidewalks on 97`h Place W. He summarized the three alternatives: Alternative 1 - the original design advertised for bids and presented to the neighborhood on September 19, Alternative 2 — the revised location of the sidewalks resulting from comments made at the first - neighborhood meeting, and Alternative 3 — essentially the same as Alternative 2 with the elimination of the walkway on 97`h Place W. Lyle Chrisman, Development Services Engineer, described the rationale for the original design and subsequent alternative designs as a result of the neighborhood meetings. He explained issues considered in the design included pedestrian safety, traffic flow around the school, and economics. With regard to economics, the goal was to get as much walkway in the area as possible for the amount originally budgeted. The walkway was placed on the south side on 240th to allow continuity with the walkway on Firdale which connects to the Firdale Village area to avoid students crossing the intersection at Firdale and 240`h. On 240`h Street, to eliminate problems created by parents parking half on the roadway and half on the shoulder and to improve circulation /flow in and around the school, the walkway was placed on the south side and a curb placed along 2401h and 96`h Place W to the end of the right -of -way. Because this resulted in eliminating some on- street parking, the City sought agreement from the school district to construct a parking lot on school grounds. He noted this also resulted in improved circulation for school buses. The design also constructs a cul-de-sac at the end of 240`h to improve student drop -off. Mr. Chrisman explained the walkway was placed on the west side on 97`h Place W for continuity, to increase the visibility of children, and to avoid students crossing the street to reach 100`h Avenue W. Another reason for the walkway locations was storm drainage; in areas with existing impervious surface, detention is not required, thereby saving money and allowing construction of more walkway. He explained the walkway was placed on the west side of 96`h for continuity and because it paralleled the main thoroughfare for buses. The walkway was placed on the south side of 238`h because the north side is heavily lined with drainage ditches and the cost to fill the ditches would increase project costs. Further, students would be required to cross the street. Mr. Chrisman stated as a result of the meeting with the neighborhood, Alternative 2 was developed. The location of the walkway on 2401h did not change, the parking lot and cul -de -sac remained the same, and the walkway was moved to the north side of 240`h and the east side of 97`h Place W due to on- street parking on the west side of 97`h Place W. On 961h Place W, the walkway was moved to the east side and to the north side of 239th Street SW due to neighbors who were opposed to the walkway on their side of the street. He explained a crosswalk was placed at the cul -de -sac at 96`h Place W and 239`" Street SW. Edmonds City Council Approved Minutes December 11, 2001 Page 8 Mr. Chrisman reported a second meeting was held with the neighborhood where the original design and the alternative was displayed. As a result of the second meeting, a third alternative was developed that removed the walkway on 97th Place W. He described a pullout on 240th Street SW with room for 3 -4 cars to park or drop -off students, and a crosswalk on 240th crossing 97th Place W leading to the development at the end of 240th. He identified the location for a stop sign. Mr. Gebert summarized staff recommends Alternative 2, the alternative overwhelmingly preferred by the respondents to the second questionnaire and who attended the second neighborhood meeting. Mr. Gebert explained after listening and responding to the neighborhood's concerns, Alternative 2 presents the best balance between traffic /pedestrian safety and the neighborhood concerns. Alternative 3 was developed in response to suggestions for designating separate routes for buses and pedestrians, thereby eliminating the requirement for a walkway on 97th Place W. However, staff feels the walkway on 976, Place W is important for connectivity of the sidewalk throughout the neighborhood. In response to residents' questions regarding whether 97th Place W was wide enough for a sidewalk, staff determined it is wide enough. Staff also feels that due to the difficulty in controlling pedestrian routes, it is important to have sidewalks on all streets in the neighborhood. Mr. Gebert recommended the Council direct staff to proceed with revising the designs for Alternative 2 for the Woodway Elementary School Walkway project with construction in summer 2002. Councilmember Dawson inquired about the reasons residents did not want a sidewalk on 97th Place W. Mr. Gebert answered there was concern that the sidewalk was not needed, concern that the street was narrow and that it made the turn difficult from 239th Street SW onto 97th Place W. The residents on the west side of 97th Place W did not want the walkway on that side as there were paved shoulder areas property owners have installed themselves and they were concerned that the walkway would eliminate parking. He noted drainage ditches exist on the east side of the 97th Place W and the north side of 240th Street SW; there was a suggestion to pipe ditches because they are an attractive nuisance. Relocating the sidewalk to that side will allow the ditches to be filled and underground pipes installed. Councilmember Wilson inquired whether the rights -of -way are 60 feet wide. Mr. Gebert agreed. Councilmember Wilson observed the problem on 97th Place W was not the width of the right -of -way but the width of the pavement. Mr. Gebert agreed, noting there was sufficient right -of -way and the sidewalk installed at the intersection of 239th and 97th would add to the width of the pavement. When the sidewalks are installed, the roadway will have 11 -foot wide lanes plus the sidewalks. Councilmember Wilson asked if the right -of -way configuration would allow for parking and sidewalks on both sides. Mr. Gebert said the plan would limit parking to one side in most cases. He acknowledged the sidewalks could be expanded to both sides but it would be disruptive to existing conditions. Mayor Haakenson opened the public participation portion of this item. He advised the Council received a letter from Don Kreiman, 24006 95th Place W, who supported Alternative 1. Sydney Isaac, 9628 239th Street SW, Edmonds, thanked staff for making the process work and for allowing citizens to be heard. She supported Alternative 2. Gary Gales, 9622 239`h Street SW, Edmonds, remarked Alternative 1 was developed without the knowledge or participation of the abutting property owners. He was opposed to Alternative 1, noting Alternatives 2 and 3 were the result of neighborhood participation, including abutting property owners. Although he disagreed with the City that a low volume of pedestrian and vehicular traffic had little Edmonds City Council Approved Minutes December 11, 2001 Page 9 bearing on the decision to place sidewalks on 239`h Street SW, Alternatives 2 and 3 eliminated his concerns regarding the project. He indicated his concerns with the construction of the parking lot on the Edmonds School District property and compliance with SEPA have been addressed. He summarized he was opposed to Alternative 1 but had no objection to Alternatives 2 or 3. Pat Gales, 9622 239th Street SW, Edmonds, said she attended both neighborhood meetings. The City Engineers listened to the input at the first meeting and revised the plan accordingly. At the second meeting, all attendees were opposed to Alternative 1. She had no objection to Alternatives 2 or 3 and pointed out there were children living in six houses on the side of the street where the sidewalks are proposed including a daycare. If the sidewalks were located as indicated in Alternative 1, those children would have had to cross the street mid -block to use the sidewalks. Cyndie Bennett, 9702 240th Place SW, Edmonds, expressed her support for the walkways, specifically .Alternative 2 as it did the best job of connecting the neighborhoods. She said one of her reasons for annexing into Edmonds was the hope for safe walkways. She thanked the City Engineers and the Edmonds School District for making this possible. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, recalled Ms. Gales spoke at a previous Council meeting about limited traffic in the area and requesting a light on 239th at 97th. He pointed out there was a daycare in this neighborhood whose children would use the sidewalks. Bret Carlstad, Edmonds School District, 20420 68th SW, Lynnwood, advised he and Alissa Watkins, Edmonds School District Transportation Department, were present to answer questions. He expressed the school district's pleasure at being able to work with the City and this project receiving grant funding. Steve Kunya, 23918 97th Place W, Edmonds, responded to Councilmember Dawson's question regarding residents' objection to the walkway on 97`h Place W, explaining there was no parking on one side of the street as the area between the roadway and fog line had been designated in the past as a pathway. Therefore, at least four property owners established parking strips, thus their concern was the walkway would eliminate that parking. Roger Hertrich, 1020 Puget Drive, Edmonds, expressed his endorsement for the walkway project. He pointed out widening streets could result in some property damage and recommended the Council limit the slope easement where necessary. He inquired whether any of the project could be coordinated with other engineering projects in the area to achieve some cost savings. He acknowledged this may delay a portion of the walkway. He expressed concern about cost overruns due to the detention system that was indicated but not budgeted. He recommended the City determine what detention will be required to avoid any cost overruns. Hearing no further comments, Mayor Haakenson closed. the public participation portion of this item. He expressed his appreciation for the positive comments to staff and thanked the citizens who provided comments to staff and for their patience with the process. Councilmember Petso inquired about the notice provided regarding this opportunity to provide input. Mr. Gebert advised all 105 residents in.the neighborhood received a notification along with a map of the three alternatives. Councilmember Petso inquired about Mr. Hertrich's comment regarding slope easement. Mr. Gebert did not anticipate a need for any slope easement. He explained there was sufficient right -of -way and the Edmonds City Council Approved Minutes December 11, 2001 Page 10 topography was gradual enough that there would not be a need for slope easements. Regarding coordinating utility projects with paving projects, he acknowledged this was an important issue but there were no utility projects identified in this neighborhood in the near future. Regarding Mr. Hertrich's concerns with cost overruns, Mr. Gebert acknowledged Alternative 2 would be more expensive due to detention, filling open ditches and replacing the ditches with underground pipe. He recalled the budget for the project was $370,000 in 2002 and the bid received last year was $304,000. He indicted the Council would be alerted if design indicated the project would exceed the budgeted amount. Councilmember Petso asked if the design staff recommended was adequate for student safety. Mr. Gebert reiterated staff felt Alternative 1 was sound from a traffic and pedestrian standpoint but Alternative 2 was also. Council President Earling suggested staff bid the project with 97th Place W as an alternative, although he preferred the recommended alignment. Councilmember Wilson asked whether the City was designing the project. Mr. Gebert answered yes, it was being done in- house. Councilmember Wilson inquired about traffic counts on 97`h Place W. He also asked if having the sidewalk on the east side on 97`4 Place W would result in students crossing mid -block to reach the sidewalk. Traffic Engineer Darrell Smith explained 97th Place W had the lowest traffic volume of any street in the area with average daily traffic counts of 150. By comparison, other streets in the area such as 240`'' Place W have an average daily traffic counts upward of 700. Regarding mid -block pedestrian movement on 97`t' Place W, Mr. Smith said sidewalks on only one side may result in pedestrians crossing the street to access the sidewalk. He identified the location of a stop sign and said consideration is being given to crossing guards at other intersections in the area. He noted there was currently a crossing guard only at the intersection of 240`h and 96th Place W. Mr. Gebert noted there was sufficient right -of -way for sidewalks on both sides but the project budget was based on sidewalks on only one side. Mayor Haakenson remanded the matter to Council for action. Councilmember Orvis noted the Community Services/Development Services Committee has received regular updates on this project. He thanked staff for their extra effort to involve the community and thanked the community for their participation. He thanked the Edmonds School District for partnering with the City to make this project possible. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, TO DIRECT STAFF TO PROCEED WITH REVISING THE DESIGN FOR THE WOODWAY ELEMENTARY SCHOOL WALKWAY PROJECT TO INCORPORATE ALTERNATIVE 2 FOR THE SIDEWALK LOCATIONS AND TO PROCEED WITH PLANS FOR CONSTRUCTION OF THE PROJECT IN THE SUMMER OF 2002 AND TO CALCULATE THE 97m PLACE WALKWAY AS A COST ESTIMATE DIFFERENTIAL. Councilmember Marin recognized the cooperative effort of the City, citizens and school district to develop a solution that was acceptable to most everyone. Councilmember Wilson questioned whether it would be appropriate to construct the portion of sidewalk on 239th if the 97th Place W section was omitted because the cost exceeded the budgeted amount. Mr. Gebert explained the bid could be structured with separate bid schedules including the section on 97th and the portion on 239th Edmonds City Council Approved Minutes December 11, 2001 Page 11 MOTION CARRIED UNANIMOUSLY. T.dd #3389 7. ORDINANCE NO. 3389 AMENDING THE 2001 BUDGET AS A RESULT OF UNANTICIPATED ending TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS 2001 get Administrative Services Director Peggy Hetzler advised the proposed ordinance was to amend the 2001 budget for Council approved appropriations that have occurred since July 2001. The ordinance also contained five additional items that require amendment to the budget. She explained the Finance Committee approved the proposed ordinance and recommended it be forwarded to the full Council for approval. She reviewed the following items that had previously been discussed or approved by the Council: Description Date of Council Approval Funding Source Appropriation Legal Contingencies Se tember 25, 2001 General Fund $800,000 Marina Beach Purchase December 4, 2001 Bond Proceeds — 1,250,000 Fire Apparatus Lease Payment date moved from Special Capital Fund 147,330 Edmonds Crossing April 2001 Grant Revenues — . 185,000 Contract Services 2001 Multimodal Fund 2001 Capital Project August 21, 2001 Bond Proceeds — 44,700 Costs recreation programs Capital Improvement Tourism Arts Increased communications Fund 8,350 Total and professional services $2,279,700 Ms. Hetzler reviewed the following new items for Council approval: Description Reason for Appropriation Fundin Source Appropriation City Attorney's Budget Increased litigation and General Fund Ending $140,000 rofessional fees Cash Fire Apparatus Lease Payment date moved from Fire Apparatus Reserve 147,330 Payment January 2002 to December Fund Ending Cash 2001 Recreation Program Increase in demand for Grant, recreation fees, 28,800 Revenues /Costs recreation programs facility rentals Tourism Arts Increased communications Grant revenues 8,350 Commission Promotion and professional services Fund costs Fire Donations Fund Receipt of donations to be Public Donations 16,380 forwarded to the New York City Disaster Relief Program Total 1 1 $340,860 Ms. Hetzler summarized the total budget amendment was $2,620,560. Councilmember Orvis requested clarification if the above expenditures were reflected in the long range projections. Ms. Hetzler answered yes. Councilmember Petso referred to Exhibit 3, Budget Summary 2001, which indicated the ending cash with the expenditures was $766,000, however the 2002 budget indicated beginning cash balance of $1.2 Edmonds City Council Approved Minutes December 11, 2001 Page 12 million. Ms. Hetzler explained the City routinely received revenues in excess of projections but only amended the budget to recognize the additional revenues if the City intends to spend the money. The difference between the $766,000 ending cash in 2001 and $1.2 million beginning cash for 2002 was due primarily to the backfill payment of approximately $400,000 as well other revenues that exceeded projections. Mayor Haakenson opened the public comment portion of this item. Al Rutledge, 7101 Lake Ballinger Way, Edmonds, commented the amount of the amendment was very high. He stated the amendment regarding the Fire Donation Fund was misleading as the donations were from independent sources. Roger Hertrich, 1020 Puget Drive, Edmonds, referred to amendments for legal contingencies and City Attorney's increased budget, indicating the public should know whether these expenditures were necessary for dog bites or the Public Safety building and the approximate amount. He remarked it appeared a lot of money was being transferred at the last minute. He recommended the City return the utility tax excess to the public. Hearing no further comment, Mayor Haakenson closed the public comment portion of this item. City Attorney Scott Snyder explained the major portion of the expenditures were fees for engaging experts in the Public Safety litigation. The second largest category, approximately $40,000, were costs associated with the Public Facilities District. The remainder was the addition of one staff meeting per month and attending four Council meetings per month for the past three months versus the budgeted two Council meetings per month. He noted these costs were included in next year's budget. He advised the dog bite cases were being defended by the City's insurance pool. Mayor Haakenson remanded the matter to Council for action. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF ORDINANCE NO. 3389. MOTION CARRIED UNANIMOUSLY. The ordinance approved is as follows: Ord #3389 Amending ORDINANCE NO. 3389 OF THE CITY OF EDMONDS, WASHINGTON, AMENDING he 2001 Budget ORDINANCE NO. 3336 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. 002 Budget 8. DISCUSSION OF POTENTIAL ACTION REGARDING 2002 BUDGET Council President Earling suggested a motion be made to approve the budget and then Council propose amendments for the seven General Fund items and the two non - General Fund items. Following approval of the amendments and the budget, he suggested staff return next Tuesday with a final budget ordinance. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, FOR APPROVAL OF THE 2002 BUDGET. Transfer from Self Insurance Fund - $5,700 COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PETSO, TO TRANSFER $5,700 FROM THE SELF INSURANCE FUND. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes December 11, 2001 Page 13 Battalion Chief Funding as of February 2002 - $76,000 COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO FUND THE BATTALION CHIEFS AS OF FEBRUARY 2002. MOTION CARRIED UNANIMOUSLY. Animal Control Ordinance - $2,000 COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO AMEND THE BUDGET IN THE AMOUNT OF $2,000 TO INCLUDE THE ANIMAL CONTROL ORDINANCE. Councilmember Marin expressed concern that the proposal would jeopardize the City's contract with the current provider. Councilmember Dawson shared Councilmember Marin's concerns, commenting Adix indicated their strong opposition to the ordinance. She noted Adix' primary concern was that the City would determine for private individuals whether their animals would be altered as well as how the volunteer transportation would function with their business. Adix preferred the ordinance indicate that all adopted animals "should" be altered because they were unwilling to support required altering. Adix also indicated they would stop providing shelter services for the City if they were required to abide by this ordinance. For these reasons, Councilmember Dawson indicated she was not able to support this amendment. Councilmember Petso echoed Councilmembers Marin's and Dawson's comments that the City could not afford to jeopardize the contract with Adix. She noted the current contract provided a tremendous benefit to the citizens. She was optimistic that once Adix and the new Police Chief were able to discuss how the ordinance was now structured versus how it was previously structured, an agreement could be reached. UPON ROLL CALL, MOTION CARRIED (4-3),. COUNCIL PRESIDENT EARLING AND COUNCILMEMBERS PLUNKETT, ORVIS AND WILSON IN FAVOR, AND COUNCILMEMBERS MARIN, PETSO AND DAWSON OPPOSED. Freeze on Mayor's Performance Pay - $60,000 Councilmember Petso cautioned if full Cost of Living adjustments (COLA) plus the 5% performance increase were provided, it could result in salary increases equal to, or exceeding 8.5 %, in a year where revenues were declining and many citizens were not receiving 8.5% salary increases. She suggested an alternative was to reduce the amount from 5% to 2% so that merit pay increases were retained but the maximum salary increase would be 5.5% rather than up to 8.5 %. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO ADOPT A FREEZE OR LIMIT ON THE MAYOR'S PERFORMANCE PAY POLICY. For Councilmember Dawson, Human Resources Director Brent Hunter displayed a COLA survey of 20 cities, noting the average increase was 3.5 %. Councilmember Dawson asked if the cities also provided a performance pay increase. Mr. Hunter answered he did not ask that question of the cities. For Councilmember Dawson, Mr. Hunter explained the performance pay increase allowed the Mayor to grant a 0 -5% increase based on performance, allowing an employee to move across their salary range as Edmonds City Council Approved Minutes December 11, 2001 Page 14 they gained more experience. Over a period of time, an employee would top out on their scale, making them ineligible for a performance pay increase. Councilmember Dawson asked what percentage of employees received a 5% performance pay increase. Mr. Hunter answered in excess of 50% of employees receive the full 5 %. He explained the L5 salary range was adjusted annually by the COLA and the Human Resources Committee reviewed the salaries of several cities and adjusts individual salary ranges as necessary. Mayor Haakenson requested clarification regarding what percentage of employees receive the full 5 %. Mr. Hunter clarified of the non - represented employees, at least 50% received 5 %, the remainder receive 0 -5 %. Council President Earling emphasized the Mayor had the discretion to provide a performance pay increase from 0 -5% depending on an employee's performance. Mr. Hunter commented the majority of non - represented employees were not topped out on the salary range versus 70% of the represented employees who are topped out on their salary range and do not receive an increase other than COLA. Councilmember Wilson clarified some employees may receive 0% if they are topped out which may have occurred due to the length of their employment, past receipt of performance pay increases, etc. making them eligible only for COLA increases unless the salary range was adjusted. Mr. Hunter agreed. Councilmember Dawson commented that although the area was experiencing difficult economic times, the performance pay increase was necessary for the pay scale that has been established. She recommended staff evaluate the cities Edmonds is compared to, to ensure they are representative of the City as well as comparing department responsibilities. She urged Mayor Haakenson to consider not only longevity and performance when providing performance pay increases, but also the difficult economic times facing the area. COUNCILMEMBER DAWSON WITHDREW HER SECOND AND THE MOTION DIED FOR LACK OF A SECOND. Reduction in Police Department Software Training - $3,900; Reduction in Police Department Training= $5,000; Reduction in Police Department Miscellaneous Expenditures - $5,000 COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR THE REDUCTION IN POLICE DEPARTMENT SOFTWARE TRAINING, REDUCTION IN POLICE DEPARTMENT TRAINING, AND REDUCTION IN POLICE DEPARTMENT MISCELLANEOUS EXPENDITURES, TOTALING $13,900. MOTION CARRIED UNANIMOUSLY. Elimination of Parking Studv from Off - Street Parking Fund - $24,000 (non - General Fund) Councilmember Petso recalled she questioned this expenditure previously, both the necessity for a parking study and the indication in the recently conducted parking study that only minor tweaking was necessary. She questioned whether this was an appropriate expenditure from the Off - Street Parking Fund as the purpose of the fund was acquisition, design, construction, development, and enforcement of parking facilities. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO ELIMINATE FUNDING FOR THE PARKING STUDY FROM THE OFF - STREET PARKING FUND IN THE AMOUNT OF $24,000. MOTION FAILED (2 -5), COUNCILMEMBERS PETSO AND DAWSON IN FAVOR, COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS PLUNKETT, ORVIS, MARIN, AND WILSON OPPOSED. Edmonds City Council Approved Minutes December 11, 2001 Page 15 Transfer of $5,700 from Self Insurance Medical Fund - $5,70 (non - General Fund) COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, TO TRANSFER $5,700 FROM THE SELF INSURANCE MEDICAL FUND. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson summarized the amendments to be included in the budget were the transfer from the Self Insurance Fund in the General Fund and non - General Fund, Battalion Chief funding, Animal Control Ordinance, reduction in Police Department software training, Police Department training and Police Department miscellaneous expenditures, and the retention of the parking study funded via the Off - Street Parking Fund. Councilmember Dawson requested the Council not vote on approval of the budget tonight but direct staff to draft an ordinance for approval next week. Mr. Snyder explained the budget must be passed prior to the last day of the year. The Council has held all necessary public hearings and could consider the budget at next week's meeting. COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO TABLE THE BUDGET UNTIL NEXT WEEK. MOTION FAILED (2 -5), COUNCILMEMBERS PETSO AND DAWSON IN FAVOR, COUNCIL PRESIDENT EARLING, AND COUNCILMEMBERS PLUNKETT, ORVIS, MARIN, AND WILSON OPPOSED. Council President Earling asked why Councilmember Dawson did not wish to take formal action on the budget tonight and affirm it with the ordinance next week. Councilmember Dawson answered she was not certain whether she would vote to approve the budget as amended and would like the week to think about it. Councilmember Petso suggested the Council allow Councilmember Dawson an opportunity to consider the budget further. She recalled she voted against the 2001 budget because the gap between revenues and expenditures was too significant — the City was spending more than it was collecting in revenues and was drawing on reserves to do so. She also voted against the 2001 budget because the rate of salary growth was too high, and she did not want to raise taxes as much as will be necessary to pay those salaries. She concluded there had been no effort by the Council in the past two years to moderate the. rate of growth in salaries or to get revenues consistent with expenditures. She indicated she would vote against the 2002 budget for the same reasons. Councilmember Plunkett pointed out the cash balance was being utilized for the next five years. He suggested five years was a healthy period in which to adjust to declining revenues, making it a responsible budget in his view. Councilmember Dawson said her concerns with the budget were in regard to policies behind items in the budget rather than the amount. Therefore she would vote in favor of the budget because the monetary amounts were not sufficient to justify voting against it. She reserved the right to vote against the ordinance next week. Council President Earling expressed his appreciation for staff's efforts over the past several months. He indicated he would support the motion because citizens have indicated they expect a certain level of quality of life, including public safety. He pointed out one of the drivers in this budget was the additional $405,000 for Battalion Chiefs which was one of the reasons he supported the tax increase. Edmonds City Council Approved Minutes December 11, 2001 Page 16 MOTION CARRIED (6 -1) COUNCILMEMBER PETSO OPPOSED. 9. APPROVAL OF 2002 SALARY ORDINANCE FOR NON REPRESENTED EMPLOYEES 002 Salary fo allo Ce Human Resources Director Brent Hunter explained the proposed COLA for 2002 was 3.5 %. The cost to Represented the General Fund was $103,743, funds that are budgeted in the 2002 budget. He displayed the survey of Employees J salaries in other cities, explaining the Human Resources Committee reviewed this information and recommended two changes, 1) eliminating the grouping of positions, and 2) applying the COLA to the 2001 salary ranges. Councilmember Dawson noted some newly hired employees may never be at the bottom of the pay range. Mr. Hunter agreed, explaining the entry -level salary was dependent on the employee's experience. Councilmember Dawson asked where most directors were on the salary range. Mr. Hunter was not able to answer this question. He noted there were no employees at the bottom of the pay range. Mayor Haakenson requested Mr. Hunter provide Councilmembers the pay range and current salary of non- represented employees. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER MARIN, FOR APPROVAL OF ORDINANCE NO. 3390. MOTION CARRIED UNANIMOUSLY. The ordinance approved is as follows: Ord #3390 002 Salary alar ORDINANCE NO. 3390 OF THE CITY OF EDMONDS, WASHINGTON, ESTABLISHING THE Ordinance SALARY RANGES FOR NON - REPRESENTED EXEMPT PERSONNEL FOR BUDGET YEAR or Non- 2002; PROVIDING FOR LIFE INSURANCE BENEFITS; AND FIXING A TIME WHEN THE Represented SAME SHALL BECOME EFFECTIVE. Employees Public Mayor Haakenson announced the Edmonds Public Facilities District Board (PFD) would hold a special Facilities meeting on Friday, December 14 at 9:00 a.m. for the purpose of discussing the potential selection of a ;strict project manager, continue discussion of a proposal to the Snohomish County PFD, financial matters, and Board continue discussion of the next steps for the PFD. Mayor Haakenson also welcomed Councilmember Wilson. Mayor Haakenson indicated he was unable to attend the December 18 Council meeting. He wished the citizens of Edmonds and the Council Happy Holidays. Council President Earling commented it was great to have seven Councilmembers again. Councilmember Wilson stated he was happy to be on the Council and thanked those who made this a reality for him. Councilmembers Dawson, Orvis, Plunkett, and Petso welcomed Councilmember Wilson. With no further business, the Council adjourned to committee Meetings at 9:31 p.m. WA4 ki &ENSON, MAYOR ate. , / et, � ��, SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes December 11, 2001 Page 17 [l 1 J AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 51" Avenue North 7:00 - 10:00 p.m. DECEMBER 11, 2001 6:30 p.m. Executive Session Regarding a Legal Matter 7:00 p.m. - Call to Order Flag Salute Administration of Oath of Office to Councilmember Jeff Wilson Recess for Reception (20 Minutes) 1. Approval of Agenda 2. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of December 1, 2001 (C) Approval of City Council Meeting Minutes of December 4, 2001 (D) Approval of claim checks #52239 through #52392 for the week of December 3, 2001, in the amount of $1,599,559.11. Approval of payroll direct deposits and checks #3754 through #3852 for the period November 16 through November 30, 2001, in the amount of $749,054.32. (E) Acknowledge receipt of Claim for Damages from Alma Ayala ($16,357.97) (F) Approval of proposed amendment to the City's Municipal Employee Benefit Trust Plan containing Internal Revenue Service required changes to comply with the Economic Growth and Tax Reconciliation Act of 2001 (EGTRRA) (G) Approval of Findings of Fact regarding a closed record meeting held on November 20, 2001 on an appeal of a Hearing Examiner's decision to deny an appeal of a staff Code interpretation of the definition of hedge. The "hedge" is located at 18108 - 88t' Avenue West and is zoned Single - Family Residential (RS -12). (Appellants: Walter and Elena Lee/ File No. AP -01 -167 and AP -01 -112) (H) Final approval of a 27 lot Plat / Planned Residential Development (PRD) on 100t'' Avenue West between 234t'' Street SW and 236t'' Street SW. The project, formerly known as Lincoln Estates, will be recorded as Woodbury at Edmonds. (File No. PRD- 2000 -21 and P- 2000 -105) City Council Meeting Agenda December 11, 2001 Page 2 (1) Authorization for Mayor to sign Professional Services Contract for Prosecutor Services with Jeffrey Goodwin (J) Authorization for Mayor to sign a two -year lease for four (4) 2002 Ford Crown . Victoria police cars with Financial Consultants International, Inc. in the amount of $128,091.76 (K) Recognition of retiring Boards and Commissions members (2001) (L) Proposed Ordinance amending the provisions of Chapter 2.15.060 regarding the appointment of Judges Pro Tern of the Edmonds Municipal Court, and providing for compensation thereof (M) Proposed Ordinance adopting amendments to the Comprehensive Plan, to wit, an amendment to the Comprehensive Park, Recreation and Open Space Plan, Community Youth Plan Element No. 1, Cemetery Master Plan Element No. 2, and to the Community Cultural Plan Element No. 3; Comprehensive Plan - Transportation Element, and to the Comprehensive Plan - Port District Master Plan; and directing staff to include such amendments in the City's Comprehensive Plan (N) Proposed Ordinance amending the City's Comprehensive Plan, Capital Facilities Element, to adopt a common siting process for essential public facilities, and directing amendment thereof in accordance with the attached Exhibit A (0) Proposed Ordinance amending the provisions of the Edmonds Community Development Code by repealing and reenacting Chapter 20.35 Planned Residential Development; amending Title 21 to add a new Chapter 21.1251211 Terms and to add a new Section 21.25.010 defining Zero Lot Line Development (P) Proposed Resolution commending Student Representative Meredith Storey for her service (Q) Proposed Resolution commending Council President Dave Earling for his service 3. (5 Min.) Presentation of Resolution and Plaque to Meredith Storey, Student Representative 4. (5 min.) Presentation of Resolution and Plaque to Dave Earling, Council President k L City Council Meeting Agenda December 11, 2001 a r Page 3 -. 5. (15 Min.) Proposed Ordinance relating to contracting indebtedness; providing for the issuance of $2,255,000 par value of Limited Tax General Obligation Bonds, 2001 Series B, of the City for general City purposes to provide funds with which to purchase certain property; fixing the date, form, maturities, interest rates, terms and covenants of the bonds; establishing a bond redemption fund and a construction fund; providing for bond insurance; and approving the sale and providing for the delivery of the bonds to Seattle - Northwest Securities Corporation of Seattle, Washington 6. (45 Min.) Woodway Elementary School Walkway Project* *Public comment will be received* 7.. (15 Min.) Proposed Ordinance amending the 2001 Budget as a result of unanticipated transfers and expenditures of various funds* *Public comment will be received* 8. (30 Min.) Discussion and potential action regarding 2002 Budget 9. (15 Min.) Approval of 2002 Salary Ordinance for Non Represented Employees Adjourn to Committee Meetings The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The City Council will meet separately as committees in different meeting rooms as indicated below. 10. Community Services /Development Services Committee (Meeting Location: Council Chambers) (A) Olympic View Drive Project Strategy 11. Public Safety Committee (Meeting Location: Police Training Room) (A) Addendum to Blumenthal's Uniform Contract ADJOURN PLEASE NOTE: A special meeting of the Finance Committee is scheduled on Monday, December 10, 2001 at 7:30 a.m. The meeting will be held at City Hall, Fourtner Room, 121 51 Avenue North, Edmonds. A separate notice and agenda has been prepared for the Finance Committee. Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on AT &T Cable, Channel 21.