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Cm130219EDMONDS CITY COUNCIL APPROVED MINUTES February 19, 2013 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember ELECTED OFFICIALS ABSENT Diane Buckshnis, Councilmember 1. ROLL CALL STAFF PRESENT Phil Williams, Public Works Director Shawn Hunstock, Finance Director Ronald Cone, Interim Finance Director Rob English, City Engineer Renee McRae, Recreation Manager Sharon Cates, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Sandy Chase called the roll. All elected officials were present with the exception of Councilmember Buckshnis. 2. INTERIM FINANCE DIRECTOR INTERVIEW At 6:01 p.m., the City Council met with a candidate for the position of Interim Finance Director, Ronald Cone. The meeting was open to the public and took place in the Jury Meeting Room, located in the Public Safety Complex. Mayor Earling, Council President Petso, and Councilmembers Fraley-Monillas, Peterson, Yamamoto, Johnson and Bloom were present for the meeting with Mr. Cone. City Attorney Sharon Cates, City Clerk Sandy Chase and members of the public were also present in the meeting room. Mayor Earling reconvened the City Council meeting in the Council Chambers at 6:28 p.m. 3. CONVENE IN EXECUTIVE SESSION TO EVALUATE THE QUALIFICATIONS OF AN APPLICANT FOR PUBLIC EMPLOYMENT PER RCW 42.30.110(1)(g). At 6:30 p.m., Mayor Earling announced that the City Council would next meet in executive session to evaluate the qualifications of an applicant for public employment per RCW 42.30.110(1)(g). He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley-Monillas, Peterson, Petso and Bloom Others present were City Attorney Sharon Cates and City Clerk Sandy Chase. The executive session concluded at 6:40 p.m. Mayor Earling reconvened the City Council meeting in the Council Chambers at 7:00 p.rr.L and led the flag salute. Edmonds City Council Approved Minutes February 19, 2013 Page 1 4. APPROVAL OF AGENDA COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER WITH THE ADDITION OF A DISCUSSION ITEM, BUDGET AMENDMENT, AND DELETING ITEMS 11 AND 12 PERTAINING TO AN EXECUTIVE SESSION THAT HAS NOW BEEN CANCELED. Discussion regarding Budget Amendment was added as Agenda Item 6.5, following Audience Comments. THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Bloom requested Items L and S be removed from the Consent Agenda. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 29, 2013. B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 5, 2013. C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 12, 2013. D. APPROVAL OF CLAIM CHECKS #200349 THROUGH #200503 DATED FEBRUARY 7, 2013 FOR $1,046,976.34 AND CHECKS #200504 THROUGH #200629 DATED FEBRUARY 14, 2013 FOR $311,590.79. APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #60001 THROUGH #60017 FOR $453,015.34, BENEFIT CHECKS #52070 THROUGH #52074 AND #60018 THROUGH #60029 AND WIRE PAYMENTS OF $198,730.36 FOR THE PERIOD JANUARY 16, 2013 THROUGH JANUARY 31, 2013. E. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM LARRY HOLM (AMOUNT UNDETERMINED). F. PROS PLAN RFQ G. CITY PARK RFQ FOR LANDSCAPE ARCHITECTURE SERVICES H. REPORT ON FINAL CONSTRUCTION COSTS FOR THE TALBOT ROAD STORM DRAIN PROJECT AND ACCEPTANCE OF THE PROJECT. I. AUTHORIZATION FOR MAYOR TO SIGN A SEWER EASEMENT AND AGREEMENT FOR INSTALLATION OF A SEWER MAIN FOR THE 2012 SEWERLINE REPLACEMENT PROJECT. J. AUTHORIZE REVISION OF THE PROJECT LIST FOR STORM PROJECTS LISTED ON THE 2011 UTILITY BOND. K. REPORT ON FINAL COSTS FOR 2012 WATERLINE OVERLAY PROJECT AND ACCEPTANCE OF THE PROJECT. M. QUARTERLY PUBLIC WORKS PROJECT REPORT. N. LEAK ADJUSTMENT POLICY REVISION. Edmonds City Council Approved Minutes February 19, 2013 Page 2 O. PAYMENT PLAN POLICY FOR UTILITY BILLING ACCOUNTS. P. PRELIMINARY DECEMBER 2012 QUARTERLY FINANCIAL REPORT. Q. CONFIRMATION OF INTERIM FINANCE DIRECTOR CANDIDATE. R. ORDINANCE NO. 3911 OF THE CITY OF EDMONDS, WASHINGTON, GRANTING TO ASTOUND BROADBAND, LLC, A NON-EXCLUSIVE FRANCHISE TO INSTALL, OPERATE, AND MAINTAIN A FIBER OPTIC TELECOMMUNICATIONS SYSTEM. T. COMMUNITY SERVICES / ECONOMIC DEVELOPMENT DEPARTMENT QUARTERLY REPORT - JANUARY, 2013. ITEM L: REPORT ON FINAL CONSTRUCTION COSTS FOR 76TH AVE. W/75TH PL. W WALKWAY AND 162ND ST. PARK PROJECT (HAINES WHARF PARK) AND ACCEPTANCE OF THE PROJECT. Public Works Director Phil Williams explained this is the close out of the construction contract. When a capital project is completed, State law requires Council acceptance of the project. The cost of the construction contract was $2.884 million. The total cost of the project is contained in Consent Agenda Item S. Councilmember Bloom asked when the project was completed. Mr. Williams answered it was completed when Change Order 13, the settlement with Precision Earthworks, was executed. Councilmember Bloom asked if acceptance of the project is done after the final payment is made. Mr. Williams answered yes; Council acceptance of the project is requested when all payments due to the contractor have been made. Councilmember Bloom commented that due to citizen interest in this project, she had hoped it would be scheduled on the regular agenda for discussion rather than on the Consent Agenda. Mayor Earling pointed out that was the decision of the Finance Committee and suggested Finance Committee Chair Yamamoto may be able to explain. For Councilmember Yamamoto, Councilmember Bloom clarified citizens were interested in the project, the costs, etc. Councilmember Yamamoto advised all that information is available. It was scheduled on the Consent Agenda to move the item forward and make things simple, recognizing that it could be pulled from the Consent Agenda if a Councilmember wished. He assured there was no intent to hide anything or not discuss the project. Councilmember Fraley-Monillas commented the Finance Committee was provided a half -page document regarding the costs which is in the February 12 Finance Committee packet. There did not seem to be interest in presenting that half -page document as a regular agenda item. One of the citizens at the Finance Committee meeting suggested it be discussed by the full Council and Councilmember Yamamoto and she spoke after the meeting about being prepared for the item to be pulled from the Consent Agenda for further discussion. She summarized there was not a lot more information presented to the Finance Committee than had already been provided. Councilmember Bloom recalled she requested an audit of this and asked whether this was in lieu of the audit. Finance Director Shawn Hunstock explained the Auditors determine what is audited. A request can be made that they audit a specific project but that is up to the Auditor's discretion. Councilmember Bloom relayed her understanding this had nothing to do with the audit. Mr. Hunstock agreed. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE ITEM L. MOTION CARRIED UNANIMOUSLY. ITEM S: HAINES WHARF PARK & WALKWAY PROJECT ACCOUNTING Public Works Director Phil Williams reviewed the following costs related to the Haines Wharf Park and Walkway Project: Edmonds City Council Approved Minutes February 19, 2013 Page 3 Design Phase Description Cost Gray & Osborne Designer $296,527 Universal Field Services Right of way negotiations $8,437 HWA Geosciences Geotechnical Engineer $11,943 Landau & Associates Geotechnical Engineer $4,755 Miscellaneous costs $2,518 City Staff time $39,969 Design Total $364,148 Right -of -Way Description Cost Lawson Purchase right-of-way $40,750 Construction Description Cost Precision Earthworks Contractor $2,883,726 HWA GeoSciences Geotechnical Engineer $77,228 SRI Technologies Contract Inspector $31,074 Gray & Osborne Design Support $49,010 Miscellaneous costs $4,067 City Staff time $143,657 Hainline & Associates Claims Consultant $60,887 Pederson Associates Claims Consultant $32,000 Jameson Babbitt Stites & Lombard Mediator $1,170 1% for Art $16,347 Construction Total $3,299,166 Project Total $3,704,064 Council President Petso relayed Councilmember Buckshnis' interest in actions the Council has taken to prevent a reoccurrence of problems with change orders, bidding procedures, etc. Mr. Williams responded there were 13 change orders on this project; the number was not significant but a number of the change orders were quite large. He explained the language was revised in response to questions about how change orders were processed and authorized. Since then, any change order that exceeds $100,000, the trigger -point in the City's purchasing policy, requires the Mayor's signature and Council notification. There was also clarification regarding how and how often communication occurs regarding large capital projects. Council President Petso referred to the Quarterly Public Works Project Report that was approved on tonight's Consent Agenda. She recalled when that report was instituted, the intent was to allow Councilmembers to keep up with projects. She asked if that was working. Mr. Williams answered it was working great from staff s point of view; producing the report is a good discipline for staff and he was hopeful it was helpful for the Council. The Quarterly Public Works Project Report, available to citizens online, provides details regarding projects such as the current status, expected completion date, etc. Councilmember Johnson inquired about the original project cost estimates. Mr. Williams did not have the original total project cost estimate available; the construction cost estimate, based on when the project was last bid, was $1.634 million. The total construction contract was $2.884 million, a sizable difference. He noted the project was bid three times. Edmonds City Council Approved Minutes February 19, 2013 Page 4 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE ITEM S. MOTION CARRIED UNANIMOUSLY. 6. AUDIENCE COMMENTS Al Rutledge, Edmonds, referred to information he provided the Council regarding commercial flights at Paine Field. He recalled the City joined Mukilteo and two citizens to oppose expansion. As there are now different businesses and residents in the City, he suggested the Council hold a public hearing. He pointed out Paine Field is closer than SeaTac for businesses that need to pick up a special order. Next, he referred to the planned closure of Petosa's and suggested investigating a community -owned grocery store. Mayor Earling announced a letter of intent has been signed by a new grocery store to replace Petosa's. They plan to open approximately April 1. Ron Wambolt, Edmonds, referred to the Haines Wharf project, observing some Councilmembers were not on the Council when the project came about. He explained the reason the project was bid 2-3 times was because the first bids were too high and the City rejected them. The contractor then continued to lower the price until he came up with a price the City liked. As it turned out, it was a phony price. He noted the information provided about costs was of little value to citizens without a comparison to the budget. Ken Reidy, Edmonds, thanked Mr. Hunstock and Mr. Williams for being prepared to present the information regarding the Haines Wharf project. His research found the earliest mention of the project in the CIP was $140,000. He suggested educating citizens regarding the CIP process such as the significance of original inclusion of a project on the CIP and how amounts increase. He recalled before the project began, the budget increased from $140,000 to $500,000 and then increased again closer to the bid amount. Roger Hertrich, Edmonds, referred to the proposed Budget Amendment, specifically the correction to the Mayor's and his assistant's salaries. He requested if a decision is made to increase salaries, 1) the Council hold a public hearing, and 2) the full Council be present to make that decision. He summarized now is not the time to increase anyone's salary, in view of the City's financial situation and the reductions made in the Police Department. Next, Mr. Hertrich referred to the Council's support of legislation regarding gun control, gun safety, ammunition, capacity, assault weapons, etc. HB 5737 will allow annual police searches of the residence of owners of assault style weapons. He expressed concern with the Council's endorsement of such an issue and urged the Council to think again before they endorsed a last minute, no preparation issue such as was proposed by Councilmember Peterson that had no public notification or opportunity for public comment. Dave Page, Edmonds, referred to Haines Wharf Park, noting he had things in his business career that were such a disaster that one just closed your eyes and threw a bunch of money at it to make it go away, hoping lessons were learned. That is the case with Haines Wharf Park. He explained he first became aware of Haines Wharf Park when picking up a client in that area. He later went to a park in Lynnwood that had hundreds of visitors and the Haines Wharf Park only had three. Everyone in that area is a millionaire, do not have kids and likely will not drive more than 3/4 of a mile to a park. He questioned why a park was needed in that area; the money that was spent could be used to purchase the other half of the property near Woodway. He concluded everyone has some accountability and is an issue that needs oversight. He acknowledged cost overruns happen on many projects. 6.5. DISCUSSION REGARDING BUDGET AMENDMENT Finance Director Shawn Hunstock distributed a proposed budget amendment ordinance. He explained several of the items were carryovers from 2012; expenditures were budgeted in 2012 and expenses did not materialize in 2012 and the unspent funds were in ending fund balance 2012 and beginning fund balance 2013. The proposal is to re -appropriate those funds from 2013 beginning fund balance for the amount Edmonds City Council Approved Minutes February 19, 2013 Page 5 unspent in the prior year. Mr. Hunstock and City Engineer Rob English reviewed the following budget amendments: Item Description Document Imaging System Decision package approved by Council for the 2012 budget Professional Services Few expenditures in 2012 Unspent amount, $60,644, will be carried forward to 2013 to complete the project Parks hripact Fee Stud Of $30,000 budget, only $4,683 was expended in 2012 Frontier EG Grant City received $10,000 as part of the Verizon Franchise Agreement in 2008. To date there has been a total of $6,076.10 spent resulting in a balance of $3,923.90. Carry -forward this amount into 2013 to be spent as part of upgrades to the video recording system in Council Chambers Strategic Plan Consultant Strategic Plan process began in 2011 expected to be completed in 2012. Remaining balance of $5,210 will be expended in 2013 Edmonds Arts Commission Grant received in 2012. Not able to spend funds in 2012. Appropriate expense relate to grant received in 2012 REET 125 Not enough REET received early enough in 2012 construction season to complete projects. Carry over expenditure authority to complete projects in 2013 SR99 International District 2012 budget included $482,000 for this project; actual expenditure Improvements was $257,000. Carry over unspent funds into 2013 to complete the remaining construction work and close-out the project Cultural Heritage Tour Project not yet complete. $19,000 budgeted in 2012, $10,700 not expended in 2012. Appropriate unspent funds in 2012 to 2013. Project partially funded with a Preserve America Grant and the revenue increase associated with that expenditure will be $5,350 Interurban Trail Interurban Trail project completed in 2012. Amendment will program unspent 2012 funds to the 2013 budget to pay for the plant establishment and project close-out costs Dayton Street Plaza Funds appropriated in 2012 budget. Project not completed in 2012, set to be completed in 2013. Carry forward funds into 2013 2011 Watermain Project Amendment will program $5,000 of unspent 2012 funds to the 2013 budget to pay for staff time to close-out the project 76th Avenue Waterline Project being done in conjunction with City of Lynnwood. Replacement Amendment shifts $175,000 from the 2013 Waterline Replacement Program into the 76' Avenue Waterline Replacement as will be built as two separate projects Talbot Road Storm Drain Carryover funds from 2012 to do remaining pavement work in 2013 Propane Conversions Contractor unable to complete all conversions in 2012. Carry forward unspent appropriation from 2012 into 2013 to complete conversions Mayor's Salary and Benefits During budget development summer 2012, Mayor informed staff not interested in salary increase so not included in budget. During budget implementation, question arose whether recommendations of Citizens Commission were mandatory for Councilmembers, Mayor and Judge. MRSC indicated elected officials may decline recommended salary increases. City Attorney has not yet researched. Edmonds City Council Approved Minutes February 19, 2013 Page 6 Recommend when Council considers budget amendment next week, this item ($2,265 salaries and $227 benefits) not be included to allow Human Resources and City Attorney to research. Step increase for C. LaFave inadvertently not included in the 2013 budget calculation. Amendment provides budget authority to move her up one step $3,359 salaries and $257 benefits Transfer to Fund 009 During 2013 Budget process, transfer from General Fund to the 009 LEOFF Medical Insurance Reserve Fund was reduced. Along with transfer from General Fund, a reduction showing transfer into 009 Fund is needed. Sewer Utility Tax Reduction During 2013 budget process, sewer tax revenue in General Fund reduced due to not increasing the sewer rates in the fall of 2012. Along with sewer tax revenue in General Fund, a reduction to sewer fund is needed to reduce expense of transferring tax to the General Fund. Record 2013 Debt Service in 231 Implements wording in bond ordinance adopted by Council that Fund City authorize creation of debt service fund from which all debt service for refunding would be paid. In the past, debt service paid from General Fund, REET and Street Fund. Now, those funds will transfer cash to new debt service fund for payment of debt service payments. Debt Refinance Allocation 2013 budget included a General Fund savings and other funds Correction savings from debt refinancing. Total amount correct, allocation between funds will be corrected. Historic Preservation Commission In last 2012 budget amendment, Council adopted 2012 budget for I1PC. This amendment adopts budget for IIPC for 2013. 3rd Avenue ADA Ramps The City applied for a Community Development Block Grant (CDBG) for construction funds to improve up to 16 pedestrian curb ramps on 3rd Ave between Main St and Pine St. Frances Anderson Center ADA Sufficient funds in Fund 016 to accommodate ADA upgrades at Project Frances Anderson Center. Amendment would appropriate funds. Seasonal Flower Program Appropriates funds received in 2012 from the Adopt -A -Flower Salaries/Benefits Basket program into 2013 for salaries and benefits of a seasonal employee for the 2013 season. Has been discussion about appropriating estimated collections in 2013 to be spent in 2013; difficult to estimate amount to be collected. Ms. Hite can estimate 2013 collections when Council discusses ordinance next week. Haines Wharf Park & Walkway Amendment will provide a $12,000 budget in 2013 to pay for professional services performed by Hainline & Associates on the Haines Wharf Park & Walkway project. Hainline & Associates assisted the City Attorney in January working on the settlement with Precision. Council President Petso referred to the REET 125 budget amendment, and asked if the projects, Seaview Park, Anderson Center Field and Ballinger Park, were budgeted and authorized by Council in 2012 in the amount shown. Mr. Hunstock answered yes; that was his understanding. Council President Petso observed there was no change in project or amount. Mr. Hunstock agreed. Edmonds City Council Approved Minutes February 19, 2013 Page 7 Council President Petso referred to the 3rd Avenue ADA Ramps budget amendment, advising she did not remember Council authorizing that project and asked whether it was in the Capital Facilities Plan (CFP). Mr. English answered staff applied for a CDBG for this project and received a preliminary indication in January that the City will receive construction funds for the project; that will be confirmed in March. He was uncertain whether it was in the CIP or CFP. He explained it was an opportunity to upgrade ramps on that corridor. Council President Petso observed procedurally there appeared to be two ways a project gets done, 1) it is included in the CIP through the CIP/CFP process, and 2) if the City receives a grant, the Council approves it via a budget amendment. Mr. English answered the 6-year TIP includes a general program for sidewalk improvements. This project would be in that category. Council President Petso referred to the Frances Anderson Center ADA project, asking whether that was in the CIP/CFP. Public Works Director Phil Williams answered this was a carryover project from the prior year that was not completed. Mayor Earling advised Mr. Hunstock would be available for the next day to answer questions. The ordinance will be presented to Council next week for approval. 7. REPORT ON CITY COUNCIL COMMITTEE MEETINGS Finance Committee Councilmember Fraley-Monillas requested the notes she took of the meeting be added to the minutes that were submitted. She reported on items on the committee's agenda: 1. Alternatives for non -represented longevity compensation — Ms. Hite will make a presentation to full Council March 2. Potential revenue options — Ms. Hite will make presentation to Council in March regarding differences between a park levy and general levy and advantages/disadvantages of each 3. Metropolitan Park District and/or Park Levy Options — this topic will be included in Ms. Hite's March presentation 4. Haines Wharf Park & Walkway Project Accounting — discussed by Council tonight 5. Preliminary December 2012 Quarterly Financial Report — approved on Consent Agenda 6. 2013 February Budget Amendment — discussed tonight, Council action next week 7. Leak Adjustment Policy revision — approved on Consent Agenda 8. Payment Plan Policy for Utility Billing Accounts — approved on Consent Agenda 9. Energy Savings Contract (ESCO) III — staff presentation to Council in March 10. Ordinance granting to Astound Broadband, LLC, a non-exclusive franchise to install, operate, and maintain a fiber optic telecommunications system — approved on Consent Agenda I t . Public comments from three citizens Parks, Planning and Public Works Committee Councilmember Johnson advised 9 of the 12 items discussed by the committee were approved on tonight's Consent Agenda. She reported on the remaining items: • Energy Savings Contract (ESCO) III — staff presentation to Council in March • Consideration of a citizen request to increase timeframe for validity of preliminary short plat approval from five years to seven years — referred to Planning Board for review • Potential rezone of property on 76th Avenue West — referred to Planning Board for review. Public Safetv and Personnel Committee Councilmember Bloom reported the committee discussed: • Edmonds City Code Updates —amendment to language requiring Council President approval of travel and training for Councilmembers, Boards and Commissions (rather than City Council) will be scheduled on future Consent Agenda Edmonds City Council Approved Minutes February 19, 2013 Page 8 • Roberts Rules — schedule training at a work session. Suggestion for MRSC to conduct training • Amendment to ECC Chapter 5.14 regarding marijuana — ordinance scheduled on future Consent Agenda • Animals Roaming at Large — Animal Control Officer Debbie Dawson will provide information related to licensing of cats at next committee meeting • Discussion Regarding Language to Include on Agendas Related to Public Comment — agreed to adopt Councilmember Yamamoto's suggested language that includes the number of minutes allowed and that comments are to be made at the end of the committee meeting. Citizen questions are directed to staff for response at the discretion of the Councilmembers at the committee meeting. • Public comment from two citizens. Correction to Mr. Witenberg's comment, reconsideration of vote can be done by someone on the prevailing side (rather than opposing side). MAYOR'S COMMENTS Mayor Earling reported one of the City's past Police Chiefs, Marlo Foster, passed away recently. He was well known in Edmonds for his service as Police Chief and was also active at the State level. Mayor Earling said Mr. Foster will be missed. Mayor Earling welcomed Interim Finance Director Ronald Cone. He explained the Council interviewed Mr. Cone at the beginning of tonight's meeting and his appointment was confirmed on the Consent Agenda. Mayor Earling reported he attended the Association of Washington City's Conference last week and had an opportunity to meet with several State Legislators. He anticipated good results from those meetings. Mayor Earling commented everyone was sad to see Petosa's close; their last day of business is Thursday, February 21 at 7:00 p.m. As mentioned earlier, the property owners have negotiated an agreement for another grocery store to occupy the space. They intend to open approximately April 1. Mayor Earling announced he will give a State of the City address on March 13 at the Wade James Theater. Mayor Earling thanked Finance Director Shawn Hunstock for the great service he has provided to the City, noting Mr. Hunstock executes the City's budget flawlessly and he will be missed. COUNCIL COMMENTS Councilmember Fraley-Monillas referred to Mr. Hertrich's comments, stating she was unaware that HB 5737 regarding gun control had passed. It was her understanding the bill was still under consideration. She was proud of the Council for taking some controversial votes at times, recognizing the Council would not make everyone happy all the time. She assured the Council has the citizens' best interest in mind. Councilmember Yamamoto advised Mr. Hunstock will be missed; it has been a pleasure working with him and he wished him the best of luck in the future. Council President Petso reported she neglected to excuse Councilmember Buckshnis from tonight's meeting; Councilmember Buckshnis informed her quite some time ago that she would be absent. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO EXCUSE COUNCILMEMBER BUCKSHNIS FROM TONIGHT'S MEETING. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes February 19, 2013 Page 9 Council President Petso explained she has been asked to look into scheduling a team building/counseling session for the Council. For those that think it is related to a single issue or single decision, she assured that is not the case. For those who are hopeful it is related to one, two or three Councilmembers, she assured it was not. For those who are hopeful it is related to the events of this weekend, it is not. She explained she tried to be subtle about it at the Council retreat, distributing standard operating procedures of a healthy Council. Because she has not noticed an impressive change in practices since the Council retreat, she read some of the procedures of a healthy Council, stating she would read more in the future if necessary: • Commit to the no surprise rule • Talk to each other and communicate • Work issues, not people • Work to build Council credibility. Individual Councilmembers should work to promote the credibility and positive image of the entire Council. Council President Petso explained if all seven Councilmembers attend a "therapy" session, it must be advertised as a public meeting. She preferred to avoid that and urged Councilmembers to behave like adults. Councilmember Peterson thanked Mr. Hunstock for his service to the citizens of Edmonds and for making finance simple enough for him to understand. To Mr. Hertrich, he advised HB 5737 is still in committee. He explained his proposal for the Council to support gun control legislation was not a surprise, he mentioned his intent to bring that issue forward at 2 to 3 public meetings and the resolution was scheduled on the Council agenda. Councilmember Peterson advised he would be gone for the next couple weeks, visiting Cuba with KPLU, an opportunity for a great cultural exchange. Councilmember Johnson welcomed Mr. Cone and said goodbye to Mr. Hunstock and expressed her thanks to both. Councilmember Bloom thanked Mr. Hunstock for his service, assuring he was already missed. She also welcomed Mr. Cone. 10. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i). This item was removed from the agenda via Council action taken under Agenda Item 4. 11. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. This item was removed from the agenda via Council action taken under Agenda Item 4. 12. ADJOURN With no further business, the Council meeting was adjourned at 8:17 p.m. Edmonds City Council Approved Minutes February 19, 2013 Page 10