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12/15/1992 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES December 15, 1992 THESE MINUTES WERE APPROVED BY THE CITY COUNCIL ON DECEMBER 22, 1992 The regular meeting of the Edmonds City Council was called to order at 7:00 p.m. by Mayor Laura Hall at the Library Plaza Room, 650 Main St., Edmonds. The City Council Meeting was preceded by a flag salute. PRESENT Laura Hall, Mayor Jeff Palmer, Council President Steve Dwyer, Councilmember Dave Earling, Councilmember Michael W. Hall, Councilmember William Kasper, Councilmember John Nordquist, Councilmember Tom Petruzzi, Councilmember Rachelle Eshelman, Student Rep. STAFF Art Housler, Admin. Serv. Director Chuck Day, Accounting Manager Paul Mar, Community Srv. Director Bob Alberts, City Engineer Noel Miller, P.W. Superintendent Arvilla Ohlde, Parks & Rec. Mgr. Rob Chave, Planning Manager Scott Snyder, City Attorney Rhonda March, City Clerk Barb Mehlert, Recorder Councilmember Dywer and Councilmember Petruzzi arrived at 7:06 p.m., and were not present for the Consent Agenda, thereby did not vote on any Consent Agenda items. r.nNSFNT AnpNnA Items (B) (L) and (M) were removed from the Consent Agenda. COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO APPROVE THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED. The approved items are as follows: (A) ROLL CALL (C) APPROVAL OF CLAIMS WARRANTS OR WEEK OF DECEMBER 7, 1992 (D) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH MUNICIPAL COURT JUDGE STEPHEN CONROY FOR 1993 (E) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM AND EXTENSION TO PROFESSIONAL SERVICES CONTRACT FOR PUBLIC DEFENDER SERVICES WITH JAMES FELDMAN FOR 1993 (F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACTS FOR MUNICIPAL COURT JUDGE PRO TEM SERVICES WITH KRISTEN ANDERSON AND KATHLEEN C. FIELD FOR 1993 (G) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR PROSECUTOR SERVICES WITH DAVID A. STEINER FOR 1992 (H) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR HEARING EXAMINER SERVICES WITH JIM DRISCOLL FOR 1993 (I) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR HEARING EXAMINER PRO TEM SERVICES WITH JOHN GALT FOR 1993 (J) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH KARIN NOYES FOR PLANNING BOARD MINUTE TAKING FOR 1993 (K) SET HEARING DATE OF JANUARY 19, 1993 FOR PRELIMINARY PLAT APPROVAL OF "BOWDOIN WOOD" 6-LOT PLAT AT 9215 BOWDOIN WAY (APPLICANT: RAY JOHNSON/FILE NO. P-92-147) (N) FINAL ACCEPTANCE OF WORK BY WILDER CONSTRUCTION COMPANY ON THE 200TH ST. S.W. WALKWAY PROJECT AND SETTING THE 30-DAY RETAINAGE PERIOD. APPROVAL OF MINUTES OF DECEMBER 8, 1992 (Item (B) on the Consent Agenda COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE THE MINUTES OF DECEM- BER 8 WITH THE CORRECTIONS SO NOTED IN A MEMORANDUM FROM THE COUNCIL ASSISTANT. MOTION CARRIED. APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PRELIMINARY PLAT APPROVAL OF "SKOGERSON LANE 7-LOT SUBDIVISION AT 20709 MAPLEWOOD DRIV AP LI ANT: WARREN MURP W LLI M SKOG R N ILE NO. P092- 6 From Hearn on ctober 20, 1992 Councilmember Earling said he would abstain from voting on this item, as he was not present for the hearing on October 20. COUNCILMEMBER KASPER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, TO APPROVE ITEM (L). MOTION CARRIED with Councilmember Earling abstaining. REPORT ON QUOTES TO REPLACE FENCING AT THE CIVIC CENTER PLAYFIELD AND AUTHORIZATION FOR PURCHASE AND INSTALLATION M ECONOMY ENCE CENTER 3,155.47 Item M on the ❑nsent en a Councilmember Hall asked Arvilla Ohlde, Parks and Recreation Manager, if the fencing to be pur- chased will contain exits along 6th Avenue. Ms. Ohlde replied affirmatively. Councilmember Hall said he wanted to make sure the exits were adequate in case of an emergency whereby people inside the fence could exit promptly. Councilmember Kasper asked if this purchase had anything to do with the "Taste" modifications, and Ms. Ohlde replied negatively. Councilmember Nordquist said he would like to see this item deferred to January, as there is a freeze on all equipment purchases. Ms. Ohlde concurred. COUNCILMEMBER NOROQUIST MOVED, SECONDED BY COUNCIL PRESIDENT PALMER, TO DEFER THIS ITEM TO THE FIRST MEETING IN JANUARY OF 1993. MOTION CARRIED. AUDIENCE Robert Noack, 317 3rd Ave. South, #103, said he was present to speak on the next item on the agenda, and asked the Mayor and Council if he could give them some history on the item. Mayor Hall asked Mr. Noack to wait until the item came up. Mr. Noack concurred. As no other member of the audience came forward, Mayor Hall, closed the audience portion of the agenda. EXECUTIVE SESSION ON A LEGAL MATTER Mayor Hall said the Executive Session would include a property and a personnel matter, as well as a legal matter. The Mayor and Council recessed to the Executive Session at 7:08 p.m., and recon- vened in Council Chambers at 7:58 p.m. Councilmember Dwyer and Councilmember Petruzzi arrived at 7:10 p.m. and joined the Executive Session in progress. REPORT ON R.W. NOACK RE UEST OF NOVEMBER 17, 1992 RELATIVE TO COMPLETION OF TREE PLANTING AT 325 3RD AVE. S. REF: FILE #ADS 112-89 APPLICANT: OLT GROSET Rob Chave, Planning Manager, said on December 9, 1992, the site at 3rd Ave. S. was inspected to note any progress on the conditions of the Temporary Occupancy Permit. It was found that no changes had been made. Mr. Chave said since that date, Staff has attempted to contact Mr. Groset, with no success, to inquire as to what progress was being made. Mr. Chave said since the city is still holding a performance bond for 100% of the cost of the improvements, the City has several options including capturing the bond and having the work done, or proceed with civil or criminal penalties procedures by allowing the Occupancy Permit to lapse, making occupancy of the building illegal. Mr. Chave said the City has sent a letter to the Bond Company stating the City is now requesting the bond to finish the work stipulated in the Temporary Occupancy Permit. Robert Noack, 317 3rd Ave. South #103, distributed photos of the subject property. Mr. Noack said the required 12 foot trees are still not in place, as well as a required 6 foot fence. Mr. Noack said the 12 foot trees and the 6 foot fence are necessary to ensure that exhaust fumes do not enter his unit. Mr. Noack said he has followed this project for 2-1/2 years and wants to make sure Mr. Groset complies with the stipulation of the project mandated to him by the City Council, Planning Board, and Architectural Design Board. Ola Groset, 931 12th Ave. North, said it is difficult to find 12 foot trees and feels the fence is adequate. Mr. Groset said if necessary, he will place 12 foot trees as mandated. Mr. Groset distributed photos to the Mayor and Council showing the subject property. Mr. Groset said he has tried to talk with Mr. Noack to resolve their differences, but has not been successful. Councilmember Dwyer referenced an approved landscape plan in Council packets which indicated a 6 foot high fence on a retaining wall, as well as 12 foot trees are required. Councilmember Dwyer said it seems clear to him what is required. Councilmembers concurred. City Attorney Scott Snyder requested an approximate 10 minute Executive Session before Council deliberation on this issue took place. The Mayor and Council recessed at 8:16 to an Executive Session to discuss a legal matter, and reconvened in Council Chambers at 8:23 p.m. CITY COUNCIL APPROVED MINUTES Page 2 December 15, 1992 After discussing this item, it was the consensus of the City Council that the landscape plan included in the Agenda packet, was the only landscape plan approved by the City, therefore Mr. Groset would have to abide by that plan which called for 12 foot trees to be planted, and a 6 foot high fence on the retainer wall. City Attorney Scott Snyder said he would work with Staff to make sure Mr. Groset meets the requirements. PROPOSED ORDINANCE LEVYING 1993 PROPERTY AND EMERGENCY MEDICAL SERVICES TAXES Art Housler, Administrative Services Director, said the proposed ordinance includes the 106% amount of $213,580. The total amount to be levied in 1993 is $4,669,940, which will be receipted directly into the following funds: General Fund $4,473,580; Council Contingency Fund $150,470; and Cumulative Reserve Fire/Medical Vehicle Fund; $50,000. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY COUNCILMEMBER KASPER, TO APPROVE ORDINANCE #2906 LEVY- ING 1993 PROPERTY AND EMERGENCY MEDICAL SERVICES TAXES. MOTION CARRIED. COUNCIL DELIBERATION OF 1993 BUDGET Art Housler, Administrative Services Director referenced a memorandum recently distributed to the Mayor and Council entitled "General Fund Year -End Position". Mr. Housler said he recently con- tacted the State Department of Revenue, Snohomish County and the utilities to obtain the most current data. As a result of the data, Mr. Housler said 1992 City revenues will be $172,570 less �1 than projected. Mr. Housler said expenditures are expected to be $11,979,270 or $39,710 less than projected, partially as a result of Council action to freeze purchasing through the end of �I 1992. As a result of reduced expenditures, the City will be "short" $132,860 by year end. Mr. Housler presented view foils which illustrated the shortfalls. Councilmember Petruzzi said the Council shares Mr. Housler's frustrations at the various revenue shortfalls that keep coming in. Councilmember Petruzzi said last summer he estimated the City could be short approximately $1 million dollars by year end, and not many people payed atten- tion. Councilmember Petruzzi said his recollection between shortfalls of revenues and expenses prior to this most recent shortfall is three quarters of a million dollars. Councilmember Petruzzi said the Council "gutted" the III Fund at the December 8th Meeting for services the Council thought were necessary. Councilmember Petruzzi said the only reason the City doesn't have more of a shortfall at this time is because Councilmember Nordquist made a motion to put a freeze on equipment purchases through the end of 1992. Councilmember Petruzzi said it is evident the system is defective and changes need to be made to better track the City's finances. Councilmember Petruzzi made it clear that he nor the Council is regaling the Administrative Services Supervisor, as it is not his his fault the City has experienced the shortages it has. Councilmember Petruzzi said as far as he is concerned, the $50,000 for Fire Equipment and the monies for the Volunteer Firefighters Program are untouchable. At 9:00 p.m., Rachelle Eshleman, Student Representative left the meeting. Councilmember Dwyer said he agrees with Councilmember Petruzzi in that changes need to be made with regards to how the Council reviews the City's finances. Councilmember Earling asked Mayor Hall for her recommendation on what to do with the latest reve- nue shortfall. Mayor Hall said she does not have a recommendation at this point and said she would be meeting with Staff the following morning. Councilmember Earling reiteriated his concern from past meetings that the City has gone through $800,000 over the past couple years just to balance the budget. Councilmember Earling said last week, the Council took the position to spend $157,000. Councilmember Earling said he would like to know when the City is going to face reality and realize revenue projections don't get higher when you draw higher lines. Councilmember Earling said as far as he is concerned, anything is on the table, including the $157,000 the Council agreed to spend at their December 8 Council Meeting. Councilmember Earling said the real issue is there isn't enough money to fund the City and realistically, there hasn't been enough for the past two years. Mayor Hall agreed with Councilmember Earling, however, stated it is not as bad as he is making it out to be. Mayor Hall said it is not a static situation, and said she expects revenues to come in. Mayor Hall referenced the Council Contingency Fund and the Emergency Reserve Fund and said that is why those monies are in those accounts. Council President Palmer said the Council Contingency Fund and the Emergency Reserve Fund are not all available for this purpose. Council President Palmer said revenues have not been flowing as the City expected them to be and there were opportunities to make reductions in the amount of CITY COUNCIL APPROVED MINUTES Page 3 December 15, 1992 expenses, that had not been taken, at least, not to the degree they should have been. Council President Palmer said the Council has repeatedly asked the Mayor for a Contingency Plan if things got worse, however, no such plan has ever surfaced. Council President Palmer said for the Mayor to come to the Council with no recommendation as what to do about the financial situation ignores what Council asked for. Council President Palmer agreed with Councilmember Earling in that every- thing is back on the table. Mayor Hall said she inherited many financial problems. Councilmember Kasper said what bothers him is the Mayor originally came to the Council with a $13.4 million dollar budget and said the money isn't there and never was there. Councilmember Petruzzi said his opinion, he feels the revenue figure for the City should be $12.5 million dollars. Councilmembers agreed. Council President Palmer said he has lost confidence in the administrations' ability project revenues. Regarding the Council Contingency Fund and Emergency Reserve Fund, it was noted that the total reserves in these accounts equals 6.1% of the General Fund. Art Housler, Administrative Services Director. noted that it is recommended the reserves be between 5% and 8%. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PETRUZZI TO CHANGE THE PROJECTED REVENUE FOR 1993 TO $12,500,000 AND DIRECT THE MAYOR TO FORMULATE A CONTINGENCY PLAN FOR A PROJECTED REVENUE OF $12,400,000, and $12,300,000. MOTION CARRIED VA COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER DWYER, TO HOLD A SPECIAL BUDGET COMMIT- TEE MEETING OF THE CITY COUNCIL MEETING AT 7:30 A.M. ON SATURDAY, DECEMBER 19. MOTION CARRIED COUNCIL PRESIDENT PALMER MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, THAT THE MEETING ON SATURDAY WILL BE AN UNPAID MEETING FOR COUNCILMEMBERS. MOTION CARRIED. As a procedural matter, COUNCILMEMBER DWYER MOVED, SECONDED BY COUNCIL PRESIDENT PALMER TO EXTEND THE MEETING. MOTION CARRIED. Mayor Hall said the City has signed the closing papers for the Anderson property. Mayor Hall reported she attended a meeting with Anacortes City officials to discuss ferry issues and to update them on the Puget Sound Regional Transportation Investment Program meetings she has attend- ed. Council President Palmer said the Communication Workshop will be held on Saturday, January 30, 1993. All members of the Council will be able to attend with the exception of Councilmember Kasper. Councilmember Hall discussed new "microwave technology" that will provide an alternative to Cable TV. Councilmember Dwyer said the Port has decided to rotate the position of City liaison every six months so that all Councilmembers can become involved. Councilmember Dwyer said he agrees with �% t this decision, and said if any Councilmember is interested in the position, to let him know - r 0 otherwise he would enjoy continuing being the City's liaison. With no other business, Mayor Hall adjourned the meeting at 10:03 p.m. THESE DRAFT MINUTES ARE SUBJECT TO DECEMBER 22,1992 APPROVAL. LeruN,_J Hai 1 , Ray or Rhonda J. Marcn, City Clerk CITY COUNCIL APPROVED MINUTES Page 4 December 15, 1992 AGENDA EDMONDS CITY COUNCIL PLAZA MEETING ROOM - LIBRARY BUILDING 7:00 - 10:00 p.m. DECEMBER 15, 1992 CALL TO ORDER FLAG SALUTE 1. (25 Min.) CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF MINUTES OF DECEMBER 8, 1992 (C) APPROVAL OF CLAIMS WARRANTS FOR WEEK OF DECEMBER 7, 1992 (D) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH MUNICIPAL COURT JUDGE STEPHEN CONROY FOR 1993 (E) AUTHORIZATION FOR MAYOR TO SIGN ADDENDUM & EXTENSION TO PROFESSIONAL SERVICES CONTRACT FOR PUBLIC DEFENDER SERVICES WITH JAMES FELDMAN FOR 1993 (F) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACTS FOR MUNICIPAL COURT JUDGE PRO TEM SERVICES WITH KRISTEN ANDERSON AND KATHLEEN C. FIELD FOR 1993 (G) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR PROSECUTOR SERVICES WITH DAVID A. STEINER FOR 1993 (H) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR HEARING EXAMINER SERVICES WITH JIM DRISCOLL FOR 1993 (I) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT FOR HEARING EXAMINER PRO TEM SERVICES WITH JOHN GALT FOR 1993 (J) AUTHORIZATION FOR MAYOR TO SIGN PROFESSIONAL SERVICES CONTRACT WITH KARIN NOYES FOR PLANNING BOARD MINUTE TAKING FOR 1993 (K) SET HEARING DATE OF JANUARY 19, 1903 FOR PRELIMINARY PLAT APPROVAL OF 'BOWDOIN WOOD' 6-LOT PLAT AT 9215 BOWDOIN WAY (APPLICANT: RAY JOHNSON/FILE NO. P-92-147) (L) APPROVAL OF FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PRELIMINARY PLAT APPROVAL OF 'SKOGERSON LANE' 7-LOT SUBDIVISION AT 20709 MAPLEWOOD DRIVE (APPLICANT: WARREN MURPHYIWILLIAM SKOGERSON/FILE NO. P-92-46) (From Hearing on October 20, 1992) (M) REPORT ON QUOTES TO REPLACE FENCING AT THE CIVIC CENTER PLAYFIELD AND AUTHORIZATION FOR PURCHASE AND INSTALLATION FROM ECONOMY FENCE CENTER ($3,155.47) (N) FINAL ACCEPTANCE OF WORK BY WILDER CONSTRUCTION COMPANY ON THE 200TH ST. S.W. WALKWAY PROJECT AND SETTING THE 30-DAY RETAINAGE PERIOD 2. AUDIENCE 3. (30 Min.) EXECUTIVE SESSION ON A LEGAL MATTER 4. (10 Min.) REPORT ON R.W. NOACK REQUEST OF NOVEMBER 17, 1992 RELATIVE TO COMPLETION OF TREE PLANTING AT 325 3RD AVE. S. (REF: FILE #ADB 112-89 APPLICANT: OLA GROSET) . 5. (5 Mln.) PROPOSED ORDINANCE LEVYING 1993 PROPERTY AND EMERGENCY MEDICAL SERVICES TAXES 6. (60 Min.) COUNCIL DELIBERATION ON 1993 BUDGET 7. (30 Min.) FINALIZATION OF 1993 BUDGET AND PASSAGE OF ORDINANCE ADOPTING THE BUDGET 8. (5 Min.) MAYOR 9. (15 Min.) COUNCIL THE PUBLIC IS INVITED TO ATTEND PARKING AND MEETING ROOMS ARE ACCESSIBLE FOR THE DISABLED (An Interpreter for the hearing impaired is available with 24 hours advance notice to the City Clerk at 771-0245)