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Cm130716EDMONDS CITY COUNCIL APPROVED MINUTES July 16, 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 Diane Buckshnis, Councilmember ROLL CALL STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Roger Neumaier, Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Acting Development Services Dir. Doug Fair, Municipal Court Judge Rob English, City Engineer Michael Clugston, Planner Jeff Taraday, 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. 2. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW 42.30.110(1)(i), A REAL ESTATE MATTER PER RCW 42.30.110(1)(c), AND LABOR NEGOTIATIONS PER RCW 42.30.140(4)(b). At 6:01 p.m., Mayor Earling announced that the City Council would convene in executive session regarding potential litigation per RCW 42.30.110(1)(i), a real estate matter per RCW 42.3 0.11 0(l)(c), and labor negotiations per RCW 42.30.140(4)(b). He stated that the executive session was scheduled to last approximately 60 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. He noted action may occur in open session as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley-Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Attorney Sharon Cates, Public Works Director Phil Williams, City Engineer Rob English, Reporting Human Resources/Parks and Recreation Director Carrie Hite, Community Services/Economic Development Director Stephen Clifton, Senior Planner Kernen Lien, and City Clerk Sandy Chase. At 7:03 p.m., Mayor Earling announced to the public present in the Council Chambers that an additional 10 minutes would be required in executive session. The executive session concluded at 7:09 p.m. Mayor Earling reconvened the regular City Council meeting at 7:12 p.m. and led the flag salute. 3. APPROVAL OF AGENDA Council President Petso requested the addition of a 10-minute executive session as Agenda Item 15.5. Edmonds City Council Approved Minutes July 16, 2013 Page 1 COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Council President Petso requested Item G be removed from the Consent Agenda and Councilmember Bloom requested item A be removed. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT PETSO, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: B. APPROVAL OF CLAIM CHECKS #202962 THROUGH #203073 DATED JULY 3, 2013 FOR $1,842,629.96, AND CLAIM CHECKS #203074 THROUGH #203229 DATED JULY 11, 2013 FOR $678,334.68. APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #60277 THROUGH #60303 FOR $481,103.22, BENEFIT CHECKS #60304 THROUGH #60315 AND WIRE PAYMENTS OF $213,330.98 FOR THE PERIOD JUNE 16, 2013 THROUGH JUNE 30, 2013. C. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM GARY REYNOLDS (AMOUNT UNDETERMINED), AND STEVE GROOTERS (AMOUNT UNDETERMINED). D. APPROVAL OF LIST OF EDMONDS' BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSE WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD, JUNE AND JULY 2013. E. REINSTATE JUDICIAL CLERK POSITION. F. QUARTERLY PUBLIC WORKS PROJECT REPORT. H. AUTHORIZATION FOR MAYOR TO APPROVE ACCEPTANCE OF EASEMENTS FROM THE FRANKLIN PROPERTY FOR THE 228TH ST. SW CORRIDOR IMPROVEMENTS PROJECT. I. AUTHORIZATION FOR MAYOR TO APPROVE ACCEPTANCE OF RIGHT OF WAY AND EASEMENTS FROM THE HOCHBERG PROPERTY FOR THE 228TH ST. SW CORRIDOR IMPROVEMENTS PROJECT. J. AUTHORIZATION FOR MAYOR TO APPROVE ACCEPTANCE OF RIGHT OF WAY AND EASEMENTS FROM THE YUNIS PROPERTY FOR THE 228TH ST. SW CORRIDOR IMPROVEMENTS PROJECT. K. AUTHORIZATION FOR MAYOR TO ACCEPT AND SIGN THE EASEMENT DOCUMENTS FOR THE PUBLIC STORAGE PROPERTY FOR THE 228TH ST. SW CORRIDOR IMPROVEMENTS PROJECT. L. AUTHORIZATION TO CONTRACT WITH JAMES G. MURPHY TO SELL SURPLUS CITY VEHICLES. M. INTERLOCAL WITH SNOHOMISH COUNTY REGARDING CITY PARK PROJECT FUNDING. N. APPOINTMENT OF TWO NEW MEMBERS TO THE EDMONDS PUBLIC FACILITIES DISTRICT BOARD. Edmonds City Council Approved Minutes July 16, 2013 Page 2 O. ORDINANCE NO. 3932 — ADOPTING AMENDMENTS TO ZONING REGULATIONS TO ALLOW PUBLIC MARKETS IN THE BC, BD AND CG ZONES. ITEM G: AUTHORIZATION TO ADVERTISE A REQUEST FOR BIDS FOR CONSTRUCTION SERVICES FOR THE 224TH STREET SW WATERLINE REPLACEMENT PROJECT. Council President Petso advised this is a project the City is working on with Olympic View Water and Sewer District; therefore, she will abstain from the vote. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM G. MOTION CARRIED (6-0-1), COUNCIL PRESIDENT PETSO ABSTAINED. ITEM A: APPROVAL OF CITY COUNCIL MEETING MINUTES OF JULY 2, 2013 Councilmember Bloom requested the date in the last paragraph on page 14 be changed from December 27, 2012 to June 27, 2013. COUNCILMEMBER BLOOM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM A AS AMENDED. MOTION CARRIED UNANIMOUSLY. AUDIENCE COMMENTS There were no members of the audience present who wished to provide comment. G� 9 :Z1141 ARu r.% 1 Mem 1 Coleco) :91e[es 101:7 61,41AI o111 IXVY0L1] 1 IQ■u CKe] 1:3 :1010M all) tv 111 no I :wy DM :1•/ Col DI ON THE PUBLIC FACILITIES DISTRICT BOARD. Mayor Earling remarked the City has an opportunity to do several proclamations each year but this is one of which he is most proud. Tonight the City is recognizing John McGibbon and Terry Vehrs who helped move the Edmonds Center for the Arts (ECA) building forward from the ground up. Mr. McGibbon and Mr. Vehrs are two of the original PFD Board Members. Both have given 12 years of service, doing so in an exemplary manner. There was a ceremony earlier this evening at the ECA to honor them. Mayor Earling read a proclamation honoring John McGibbon and Terry Vehrs for their 12 years of volunteerism and their selfless commitment to creating a key gathering place and cultural resource for Edmonds and the surrounding region. Mr. McGibbon thanked the City for allowing him to participate in this venture which led to the ECA, a wonderful asset for the community. He thanked all the people who participated in the development and operation of the facility, commenting their work was indispensable. He recognized Chris Lund, Project Manager for the ECA renovation, and Joe McIalwain, ECA Executive Director. Mr. Vehrs thanked the Council for the opportunity; he has enjoyed the ride. He said it was great fun to see what others created; they were only the drivers who watched the numbers. 7. CLOSED RECORD REVIEW OF FILE # PLN20130030 AND THE PLANNING BOARD'S RECOMMENDATION TO APPROVE A PROPOSAL TO REZONE ONE PARCEL (403 & 405 3RD AVE. N.) FROM CONTRACT RESIDENTIAL MULTIFAMILY (RM-3.0) TO RESIDENTIAL MULTIFAMILY (RM-2.4). City Attorney Jeff Taraday relayed his understanding that because the City's server is down, Councilmembers do not have access to the Council packet. Because the Council is sitting in a quasi- judicial capacity, he recommended the Council continue this item to a future meeting. Edmonds City Council Approved Minutes July 16, 2013 Page 3 Mr. Taraday advised the planner assigned to this matter, Mike Clugston, is on vacation from August 6-25. He suggested ideally the matter be scheduled prior to August 6 or it could be scheduled after August 25. Council President Petso observed the July 23 agenda is very full; she suggested adding a meeting on the fifth Tuesday, July 30. Mayor Earling announced this matter would be continued to July 30. PRESENTATION OF 2013 SANITARY SEWER COMPREHENSIVE PLAN UPDATE AND PROPOSED SEWER UTILITY RATE INCREASES. Public Works Director Phil Williams explained the Council was not being asked tonight to make any decision regarding the Sanitary Sewer Comprehensive Plan or sewer rates. This is an update on the process; a public hearing and adoption of the Sanitary Sewer Comprehensive Plan will be scheduled on a future agenda. Mr. Williams explained the Sanitary Sewer Comprehensive Plan is an element of the City's Comprehensive Plan. The Sanitary Sewer Comprehensive Plan guides the operation of the City's Sewer Utility by: • Identifying and proposing solutions to known conveyance, maintenance or other problems • Details the actions necessary to ensure compliance with applicable Federal, state, and local requirements • Presents an operation and maintenance plan, capital improvement plan, and financial plan to address the first two items Since Edmonds is primarily a built out city, most of the identified issues are a result o£ • Aging infrastructure • Current size of infrastructure in relation to current and future population • Root intrusion • Infiltration and Inflow Mr. Williams described reasons the Plan needs to be updated: • Last Plan 2006 • Re -prioritize capital projects • Updates to reflect actual changes due to population growth. • Updates to future population growth projections. • Include Wastewater Treatment Plant • Improved record tracking methods: o Video recordings of each pipe reach o GIS o Use of metering data Mr. Williams provided operation and maintenance program information: City Owned Item Quantity Flow Meters 10 Manholes 'unctions 3,200 Sanitary Sewer Pipe Main 679,227 LF/128 miles Lift Stations 14 Wastewater Treatment Plant WWTP 1 WWTP Primary Clarifiers 3 WWTP Aeration Basins 3 Edmonds City Council Approved Minutes July 16, 2013 Page 4 Seattle $116.50 Kirkland $ 91.15 Ronald Wastewater District $ 75.14 Arlington $ 70.15 Woodinville Water District $ 65.77 Mukilteo Water and Sewer District $ 57.59 Lake Forest Park $ 55.44 Redmond $ 52.89 Alderwood Water & Wastewater $ 51.46 Lynnwood $ 39.57 Everett $ 34.94 Edmonds $ 27.85 Olympia View Water & Sewer District $ 23.66 WWTP econdary Clarifiers 3 WWTP Incinerator 1 Mr. Williams described capital projects in the Plan: • Conveyance Projects: Provide a basic or essential level of service for the sanitary sewer utility o Complete citywide pipe replacement/restoration projects ■ Excessive root intrusion ■ Conveyance problems ■ Old/damaged pipe • Wastewater Treatment Plant o Replacement of Emergency Power Switchgear System o Incinerator Regulatory Compliance Improvements o Recoating of clarifiers • 100% Sanitary Sewer rate funded (incl. revenue bond payments). He described how to pay for needs: • Fees collected for the Sanitary Sewer Utility have been used for an increasing number of items, driven by: o Aging infrastructure requiring more maintenance as time goes by. o Increased population growth and accompanying development • Sanitary Sewer utility rate study o Proposed rate adjustment needs City Council approval Mr. Williams displayed a spreadsheet of capital funding and revenue requirements 2013-2018, explaining a 6.5% annual rate adjustment is necessary to cover current O&M expenses and escalation and the capital plan. He referred to the revenue bonds in the next agenda item, explaining that out of the $14.5 million net to the City in revenues, $8 million is related to the wastewater system; the rate increase includes the debt service on the $8 million as well. The Sanitary Sewer Comprehensive Plan anticipates borrowing or having funds available for additional sewer conveyance work every few years. This rate increase only includes the initial borrowing in 2013. He displayed a spreadsheet of capital funding and revenue requirements 2013-2018, explaining a 10% annual rate increase would be necessary for 2014-2018 to generate the capital necessary to continue funding of conveyance improvements. Mr. Williams acknowledged that was a substantial rate increase but the City currently has one of the lowest wastewater rates. He provided a comparison of other cities' monthly rates: Mr. Williams stated staff will present the Plan to the Council at a future meeting, request a public hearing be scheduled, and request the Council adopt the Plan and make decisions with regard to rate adjustments. Edmonds City Council Approved Minutes July 16, 2013 Page 5 Councilmember Buckshnis commented on the cost to issue revenue bonds and anticipated rates would not remain stable in the future. She supported the concept of using rates to pay for capital projects. She asked about conveyance pipes in Esperance. Mr. Williams stated most of Esperance is served by Olympic View Water & Sewer District (OVWSD) which is responsible for the maintenance of their pipes. OVWSD charges their customers for service and set their rates to meet their needs. OVWSD has a contract with Edmonds for treatment at the WWTP. The cost is calculated based on the percentage of flow OVWSD represents at the WWTP. Councilmember Buckshnis asked if that was the reason OVWSD's rates were also low. Mr. Williams answered he was unable to comment on OVWSD's rate calculation; OVWSD customers pay the same amount for treating wastewater as Edmonds residents. Each has separate capital needs; partners share in the cost of capital projects for the WWTP based on a fixed percentage. Councilmember Bloom referred to a list of planned improvements (page 577 of the packet) and asked what was meant by Low Impact Development Retrofit Projects. Mr. Williams was not certain but said there was a tie between stormwater and wastewater; during a heavy rainstorm, water enters the sewer lines which increases the flow at the WWTP. The system must be sized to handle peak flows which costs money; reducing infiltration and inflow via an LID project would benefit the sewer system. Councilmember Bloom asked if the Plan addressed reducing the amount of water that is treated via low flow toilets or other start at the source methods. Mr. Williams answered new construction uses more efficient toilets and appliances. With Edmonds' limited population growth, flows in the past 10-20 years have stayed nearly the same, even trending downward. He attributed that to more efficient plumbing. Councilmember Bloom asked whether the Plan addressed a further reduction. Mr. Williams responded since he has been with the City, there has not been an incentive program to stimulate replacement rather than waiting for remodels or new construction to use more efficient plumbing fixtures. He offered to research what was meant by the LID Retrofit Project and respond. Council President Petso referred to Councilmember Buckshnis' question, explaining OVWSD is geographically blessed with gravity flows; nearly every resident in OVWSD lives above the sewer conveyance system thus providing low cost conveyance. Targeting that as a rate target for a city that sprawls to the north away from the WWTP may not be appropriate. Council President Petso referred to water reuse mentioned in the Plan and the indication that water reuse does not price out at this time. She asked if water reuse was only reported in the Comprehensive Plan or was the City actively interested in pursuing it regardless of the cost. Mr. Williams answered both, the City is required to look at reuse in the new Comprehensive Plan to determine if there are ways to reuse effluent from the WWTP for some purpose such as irrigating areas the public does not have immediate access to, golf courses, etc. That usually requires a significant upgrade in treatment; the capital cost of those upgrades and the long term O&M costs must be balanced with the benefit of not purchasing water for irrigation. He noted that is typically difficult in the Northwest; it is more common in areas where water is extremely expensive in dry, and climates. He noted there were not large tracts of land within the City limits that require irrigation. Council President Petso relayed her understanding that since the City did not have a golf course to irrigate, the numbers were in the Plan simply for information. Mr. Williams responded the City is required to address water reuse in the Comprehensive Plan. If that analysis indicated there would be a plausible project, the City would pursue it. Councilmember Peterson referred to the comment that the City was unique in its disposal of solids via incineration. He asked if the Plan considered other methods. Mr. Williams answered there are a total of five facilities in Washington and only a few hundred nationwide that incinerate solids on site. It works well in Edmonds. The Environmental Protection Agency's (EPA) new regulations have been legally challenged. While that legal challenge continues, staff is researching/testing whether the WWTP can meet the new regulations which primarily address mercury. Much of the mercury in the wastewater system Edmonds City Council Approved Minutes July 16, 2013 Page 6 comes from dental facilities. The City works with dental facilities in the waste -shed to be in compliance with all recommended guidelines and use separators to keep mercury out of wastewater. To the extent less mercury enters the WWTP, there is less mercury released from the incinerator. If the limit cannot be met, the fix is installing carbon absorption, a large, expensive process that runs the hot air from the incinerator through activated carbon. Reducing the amount of mercury that enters the plant is a less costly strategy. Councilmember Peterson asked if the Sewer Comprehensive Plan will investigate the district energy idea or other ways to monetize the heat that is generated. Mr. Williams acknowledged the WWTP is the single largest consumer of energy in the City; staff constantly works to reduce the energy footprint. The WWTP has a good history of reducing costs and energy consumption over the last ten years, receiving a number of grants and incentive payments from the utility to do projects. He was uncertain whether district heating would ultimately be cost effective and the Sanitary Sewer Comprehensive Plan does not address that. Councilmember Peterson asked about solar panels on the WWTP. Mr. Williams answered when the most recent solar project was proposed, several possible projects at the WWTP were considered; only one penciled out. He suggested continuing to watch that technology and equipment prices, acknowledging it would be a great thing to do if it was cost effective. Councilmember Johnson recalled at the Parks, Planning & Public Works Committee meeting, this update was presented to the Council as part of the next agenda item. She asked when the Sanitary Sewer Comprehensive Plan will be presented to the Council for adoption. Mr. Williams answered next month; it was not completed in time to precede the revenue bond sale but there was some urgency to complete the revenue bond sale before rates increase. He recalled the Council had concerns with adjusting rates before the Sanitary Sewer Comprehensive Plan was completed. Councilmember Johnson recalled the Planning Board reviewed the Sanitary Sewer Comprehensive Plan and recommended forwarding it to the City Council. She asked what remained to be done. Mr. Williams responded the financials are being tweaked. There will also need to be a separate discussion with the Council regarding rates; the Plan can recommend rates but the rates are set by the Council. Councilmember Fraley-Monillas asked whether the heat from the incinerator can be captured. Mr. Williams answered that was Councilmember Peterson's question regarding district energy. A lot of the heat is recaptured and some of the heat is left in the stack by design to prevent a steam plume emanating from the WWTP. If the public sees a plume leaving the WWTP there is an assumption/expectation it is pollution when it may be condensed water vapor due to moisture in the stack. Leaving the stack hot results in a clear plume; there was a desire in the past not to have a visible plume. Councilmember Fraley-Monillas asked about using captured heat to heat buildings away from the site. Mr. Williams stated there were locations around the WWTP where captured energy could be marketed. He acknowledged that was a possibility but the Sanitary Sewer Comprehensive Plan was not tasked with developing a proposal. Councilmember Fraley-Monillas asked whether that energy could be sold. Mr. Williams answered it could; the intent would be to sell the energy to offset the cost of gathering the energy and possibly make a profit. That was difficult with the energy prices in the northwest. 9. REQUESTING APPROVAL OF BOND ORDINANCE AUTHORIZING CITY SALE OF $16.2 MILLION FOR THE PURPOSE OF PAYING FOR WATER AND SEWER SYSTEM IMPROVEMENTS, A DEPOSIT TO THE DEBT SERVICE RESERVE ACCOUNT AND COSTS OF SALE AND ISSUANCE. Finance Director Roger Neumaier explained the Council has reviewed the purpose of the bonds and discussed their structure. The purpose of the ordinance is to authorize the sale of the bonds. He introduced Alice Ostdiek, Foster Pepper, who was present to answer questions. Edmonds City Council Approved Minutes July 16, 2013 Page 7 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE ORDINANCE NO. 3933, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO THE COMBINED WATER AND SEWERAGE SYSTEMS COMPRISING THE WATERWORKS UTILITY OF THE CITY; SPECIFYING, ADOPTING AND ORDERING THE CARRYING OUT OF A SYSTEM OR PLAN OF ADDITIONS TO AND BETTERMENTS AND EXTENSIONS OF THE COMBINED WATERWORKS UTILITY; PROVIDING FOR THE ISSUANCE OF ONE OR MORE SERIES OF WATER AND SEWER REVENUE BONDS IN AN AGGREGATE AMOUNT NOT TO EXCEED $16,200,000 FOR THE PURPOSE OF PROVIDING THE FUNDS NECESSARY: (A) TO PAY ALL OR A PORTION OF THE COSTS OF CARRYING OUT THAT PLAN OF ADDITIONS, (B) TO MAKE A DEPOSIT TO THE DEBT SERVICE RESERVE ACCOUNT, AND (C) TO PAY THE COSTS OF ISSUANCE AND SALE OF THE BONDS; FIXING OR SETTING PARAMETERS WITH RESPECT TO CERTAIN TERMS AND COVENANTS OF THE BONDS; APPOINTING THE CITY'S DESIGNATED REPRESENTATIVE TO APPROVE THE FINAL TERMS OF THE SALE OF THE BONDS; AND PROVIDING FOR OTHER RELATED MATTERS. MOTION CARRIED UNANIMOUSLY. 10. QUARTERLY REPORT — EDMONDS CENTER FOR THE ARTS ECA Executive Director Joe McIalwain advised the quarterly report is required by the agreement between the ECA and the City. He provided an overview of the Strategic Business Plan: • Background o Original ECA business plan done in 2003-2004 o Changes in operation led to need for new plan • Assets o Positive perception of ECA in community o Raised City's profile and cultural front o Brought visitors to the community to attend performances and spend time and money in local restaurants, shops and galleries o Beautiful campus and facilities o Offer a range of programs and event opportunities Strengths o Great, significant community support o Successful presentation series o Dedicated and expanding audience o Reputation as an excellent venue o Diverse funding base that includes corporations, foundations, individuals, and government agencies o Operations financial solvent and improving each year Challenges o Eliminating current debt service shortage that is the result of sales tax revenue downturn o Managing portions of facility that were not renovated such as gymnasium and classrooms Planning Process o Stakeholder and Community engagement ■ Individual interviews ■ Focus groups o Edmonds EPFD and ECA Board involvement o Consulting Team ■ Berk Consulting ■ AdvisArts Consulting o Facility and Financial Assessment Edmonds City Council Approved Minutes July 16, 2013 Page 8 Mr. McIalwain reviewed specifics of the Plan: • Vision, Mission and Values o Vision: A vibrant community in which the performing arts are woven into our daily lives and valued for their power to entertain educate and inspire entertain, inspire. o Mission: To celebrate the performing arts, strengthen and inspire our community, and steward the development and creative use of the ECA campus. o Values: Creativity, Quality, Partnership, Service, Diversity, Stewardship, Transparency, Accountability Key Strategic Focal Points o Arts Programming and Outreach o Funding and Finances o Facility Maintenance and Capital Improvements o Facility Redevelopment Planning o Governance and Organizational Capacity Assignment of Plan Oversight, Implementation o Steering Committee: Overall implementation of SBP (subject to quarterly review by District Board), Facility Redevelopment Planning o Marketing/Programming Committee: Arts Programming & Outreach o Development Committee: Funding & Finances o Administration/Finance Committee: Governance & Organizational Capacity o Facilities/Operations Committee: Facility Maintenance and Capital Improvements Timing and Process for Plan Review Mr. McIalwain reviewed operating revenue/expenses: O eratin Revenue/Ex ense Revenue 2013 Budget 2013 YTD 6/30/13 % Budget YTD 6/30/13 Contributions -Operating $ 650,000 $298,978 46% Ticket Sales & Fees 485,000 279,140 58% Rental Revenue 340,000 249,090 73% Concessions 105,000 51,601 49% Total $1,580,000 $878,808 56% Expense Presenting/MarketingPresenting/Marketing 485,000 294,996 61% Facilities/Operations 290,000 149,029 51% Labor costs 675,000 353,213 52% Other Expenses 75,000 18,046 53% Total $1,525,000 $815,284 53% Net Revenue $ 55,000 $ 63,524 Mr. McIalwain reviewed non -operating revenue/expenses: Non -Operatin2 Reve ue/Expense Revenue 2013 Budget 2013 YTD 6/30/13 Budget PYE Sales Tax Rebates 435,000 219,256 438,000 Transfer from Operations 35,000 -- 40,000 Interest Earnings 130 45 130 Total $470,130 $219,301 $478,130 Expense Debt Service Interest $256,226 $142,761 $256,226 Edmonds City Council Approved Minutes July 16, 2013 Page 9 Debt Service Principal 380,000 -- 380,000 Capital Expenditures 20,000 -- 20,000 Total $656,226 $142,761 $656,226 Net Revenue(Shortfall) (186,096) ($76,540) ($178,096) Mr. McIalwain provided an update on the annual State audit: • Entrance Conference completed — May 16, 2013 • Site work in progress through mid -August • Audit report for FY 2012 expected by October 1 Mr. McIalwain reviewed governance and operation: • PFD Board o Retiring PFD Members: John McGibbon, Terry Vehrs o New Members: Larry Ehl and Susan Loreen o PFD Board Leadership: Bob Rinehart, President; Marla Miller, Vice President • ECA Board o David Brewster, President o Susan Dunn, Vice President • Steering Committee o Steve Shelton, Chair • ECA Staff — Reorganization of Development & Marketing o Director of Advancement: Jamie Herlich o Development Manager: Amy Hutchings o Education Coordinator: Gillian Jones o Communications Manager: Search in progress o Interim Communications Manager: Kris McRea o Purpose: to steward relationships with audience members, donors and the community at large through clearer communication and improved programs and services Mr. McIalwain reviewed programs and services: • 2013-2014 Season 0 27 Presentations 0 77 Full Season Subscribers 0 161 Choice Subscribers 0 1000 tickets ahead of last year's pace Education & Family Programs o Summer Camps o Student Matinees o Family Presentation Series (in process) o KIDSTOCK! — Saturday, February 8, 2014 Mr. McIalwain highlighted projects and events of note: • Edmonds Arts Summit • Volunteer Celebration • Summer Gymnasium Activity • Facilities Project: Seismic Reinforcement and Roof Repair o Pursuing FEMA grant • Red Carpet Gala — September 28, 2013 Mr. McIalwain summarized: • Programming continues to expand and improve Edmonds City Council Approved Minutes July 16, 2013 Page 10 • Cultural and economic impact of ECA continues to grow, gaining more local and regional recognition • Operating performance is strengthening • Strategic Business Plan is complete and in the implementation phase Councilmember Buckshnis asked how the City Task Force fits with the Steering Committee. Mr. McIalwain explained the PFD charter requires the City's Administration/Finance Director to be the ex- officio treasurer of the PFD Board and therefore serves on the Administration/Finance Committee. The City's Finance Directors have actively participated in the PFD Board and the Admin/Finance Board. Councilmember Buckshnis referred to plans to create a capital reserve policy. She asked if the ECA had an operating reserve. Mr. McIalwain answered no; the Admin/Finance Committee will be addressing that. Councilmember Bloom asked whether more information regarding the Capital Improvement Plan will be included in future Strategic Plan updates. Mr. Mclalwain referred to a matrix for two of the five committees; the other three committees have not yet completed their process. Councilmember Bloom asked whether the Capital Improvement Plan will address the lack of ADA accessible restrooms in the gymnasium. Mr. McIalwain advised any renovations will require ADA compliance. Councilmember Bloom asked whether the ECA had explored grants to use the gym as a staging facility during a disaster. Mr. Mclalwain advised the ECA has an agreement with the Red Cross to use the ECA during a disaster. Issues such as the roof and seismic need to be addressed; the FEMA grant is a possible funding source to address those issues. Councilmember Bloom expressed support for family programming on Saturdays, relaying she often hears the desire for family and arts programming. Mr. McIalwain agreed the stakeholder and community involvement also expressed that desire. Mayor Earling recognized two PFD Board Members and three ECA Board Members in the audience. 11. UPDATE ON BUDGET FORECAST Mayor Earling explained this update would illustrate an improved financial situation for the coming year and hopefully coming years. The improvement is due to, 1) the improving economy, 2) budget cuts that were made last year, and 3) all departments doing a great job of managing their current budgets. He emphasized part of the reason for the improvement is the reductions that were made last year. He cautioned the improved situation should not be an invitation to spend freely; the City needs to continue to be frugal and cautious. Although the economy is improving, any dramatic economic event could have a severe impact on the City's budget. Finance Director Roger Neumaier explained financial projection is better than when the 2013 budget was adopted. Most of the 2013 improvements were driven by strong revenues in the last two quarters of 2012. In summer 2012 when the 2013 budget was being developed, there were concerns about the economy. Fears about Spain's financial health caused many economists to believe the global economy was in the worst shape since 2009. Six of the seventeen countries that use the euro currency were in recession and economists were concerned the U.S. economy was beginning to struggle. China, India, Brazil, which had been driving the world economy were beginning to slow and some economists were laying odds the United States was about to enter a recession. The Federal Reserve Bank rescued the economy, consumer confidence, low interest rates, an improving real estate market, and new car sales have stabilized the economy and caused some growth. Things are looking better as was shown in the second half of 2012 and that recovery appears to be continuing into 2013. Edmonds City Council Approved Minutes July 16, 2013 Page 11 Mr. Neumaier reviewed projected General Fund revenue changes from the 2013 Ado ted Budget: General Fund Operations: Revenue Category 2013 Projection 2013 Budget Increase from Adopted Budget Property Tax $13,472,493 13,472,493 -- Retail Sales Tax 5,232,849 4,913,150 319,699 Other Sales & Use Tax 529,123 529,123 -- Utility Tax 6,484,143 6,484,143 -- Other Taxes 274,466 274,466 -- Licenses/Permits/Franchise 1,241,456 1,152,737 88,719 Construction Permits 478,000 395,436 82,564 Grants 17,191 17,191 -- State Revenues 650,881 569,336 81,545 Inter ov't Services Charges 3,030 3,030 -- Interfund Service Charges 1,526,196 1,526,196 -- Charges for Goods & Services 2,717,295 2,622,029 95,266 Fines and Forfeits 616,970 526,342 90,628 Misc Revenues 408,916 372,916 36,000 2013 Revenue $33,653,010 32,858,588 794,421 Mr. Neumaier reviewed a spreadsheet entitled Edmonds General Fund: 2011 — 2019 Revenue and Expense, summarizing the outlook for 2019 is more promising. The variables used in prior projections have, for the most part, not changed. Preliminary projections have been made for all General Fund revenues. Departments are beginning to review those numbers and will have a much better idea of revenues going forward. Salary and benefit trends have been adjusted based upon recommendations from Human Resources. Sales tax has shown some strength; projections use a 4.5% growth trend. No assumptions have been made regarding budgetary increases in resource levels; for example, the projection assumes the City continues to have virtually no street overlays and no new staff. The 2014 budget projects to have a surplus of just under 4% of annual projected expenditures. Mr. Neumaier offered to provide Councilmembers a copy of his presentation tomorrow. Mr. Neumaier displayed and reviewed a spreadsheet entitled: Edmonds General Fund: 2011 — 2019 Projected Fund Balance. He explained this projection ties together all the elements of the Edmonds General Fund. The General Operations Fund balance includes both the operating fund balance that increases and decreases during the year due to revenue cycles and budget variances and the General Operations Contingency. The projected 2013 General Operations Fund Balance is approximately $10,600,000. There are several other fund balances that the City includes in its General Fund. They are reflected as Other Specific General Fund fund balances in the worksheet. The General Fund Balance shows an increasing balance going forward. The worksheet projects that at year end 2013, total General Fund fund balance will be just over 33% of 2013 revenues. Mr. Neumaier provided responses to anticipated questions, first, why the improvement? The economy has improved significantly. The City was conservative in projecting revenue, something for which it deserves credit. As a result of this conservatism, 2013 will produce a stronger bottom line than originally anticipated in the budget. However, that is not the main reason that the City is in this position. City leadership has made difficult decisions throughout the Great Recession, cutting positions in every department, cutting back on discretionary expenditures, and not adding expenditures in areas where pressure exists to add. For example, the City did not initiate a road overlay over the past five or six years except in instances where grants were obtained for that purpose. By making difficult cuts and not making adds, the cost of government in Edmonds has been reduced. Edmonds City Council Approved Minutes July 16, 2013 Page 12 He displayed a graph illustrating Edmonds General Fund expenditures growth compared to Seattle CPI-W 2007-2017. The graph shows that decisions made by the City have reduced the cost of government from what it would have been if cost controls hadn't been introduced. It also shows that while revenue has grown slightly more than expected, the reason that fund balance is growing is because the City has cut expenditures. So the natural question is where were these cuts? Because municipal services from the General Fund are people dependent, cutting General Fund costs means reducing the number of staff working for the City. Mr. Neumaier displayed a graph comparing the budgeted number of City regular employees 2006-2013. The reduction in Police staff does not reflect the fact that the police operations have also lost 5-6 volunteer staff. Although the Fire Department was part of City staff in 2006, they are excluded from this graph; the City now pays the Fire District directly and the Fire District employs the staff. He displayed another graph comparing the budgeted number of City regular employees and the percent reduction between 2006 and 2013 by department. The overall reduction in City funded staff over this period was 11.2%. Mr. Neumaier summarized the City reduced its budget and, in spite of the Great Recession, was able to build up fund balance and achieve a surplus for 2013 via deep cuts to the budget. Needs in the City have not been reduced during this period and needs for current citizens have not decreased. Some needs from the General Fund have increased. The level of alternative revenues to fund Street Overlay has gone down. Thus there is a need for General Fund contributions to Street Overlay programs. Realistically, the City will not have sufficient resources to replace most of the positions that have been eliminated. In response to a second anticipated question, does this mean the City is in great financial shape, Mr. Neumaier explained the City is being well managed from a financial perspective. Its income statement and balance sheet are solid which bond raters will like. If the question is asked whether the City is in a position to fund the positions that were eliminated and to do the additional things that citizens have expressed interest in, the answer is probably no. As the City works on its 2014 budget, it must prioritize its diverse needs and determine which of the things that people want to add or add back to the budget are affordable. To the question of what is an appropriate fund balance level, Mr. Neumaier answered there is no hard and fast rule. Moody's and S&P have indicated in the past that fund balance is one of the most critical measures of financial health. They regard cities and counties with a 25% to 35% fund balance as healthy. Recognizing the City has made difficult decisions to build its fund balance to the 33% level, he recommended maintaining it at this level. A healthy fund balance gives a government the ability to absorb an economic downturn or major disaster without slashing staff and services. In addition, it reduces the cost of bonds. To the question of how this affects the 2014 budget, Mr. Neumaier explained this projection is a preliminary draft. As departments complete their budget requests and estimate revenues, there will be a better idea of what additional things the City can afford. The Council had expressed interest in a prioritized budget process for the future. The essence of prioritized budgets is the process identifying needs and making decisions regarding which of those needs can be funded in the context of available dollars. Councilmember Fraley-Monillas asked if the recent FTE additions had been added to the projections. Mr. Neumaier replied that he used the 2013 expenditure budget; adjustments for additional FTE have not been made. Councilmember Buckshnis asked for a copy of Mr. Neumaier's presentation. She observed the largest change was the increase in sales tax revenue. Mr. Neumaier responding he increased the 2% trend to Edmonds City Council Approved Minutes July 16, 2013 Page 13 4.5%. In addition he used 2012 actuals which were higher than what was used to prepare the 2013 budget. Councilmember Buckshnis asked if she could use the 2013 budget book to review the forecast. Mr. Neumaier answered yes. 12. SR 104 MINI PARK NAMING. RECOMMENDATION FROM THE PLANNING BOARD. Parks & Recreation Director Carrie Hite requested the Council adopt a name for the SR 104 Mini Park. At the request of the Planning Board, the community was given the opportunity in May to submit names for the SR 104 Mini Park. The Planning Board created a subcommittee to review the name and the Planning Board held a public hearing on June 26. A few people offered testimony at the public hearing; the Planning Board discussed the name and forwarded a recommendation to the Council. Planning Board Member Neil Tibbott thanked the numerous people who participated in the process; over 100 suggested names were submitted by the community. Two names stood out, one to honor the memory of veterans in the community and a second to recognize the outstanding public service contributions of Richard Anway. Mr. Tibbott relayed the Planning Board recommendation that the Council adopt the name Richard F. Anway Park. He explained the Planning Board reviewed Mr. Anway's service record in the City; he gave over 30 years of volunteer service to the City, serving as a police officer at the waterfront. Many of the people using the ferry lanes were impacted by Mr. Anway's service. One citizens' submission stated he gave of his time generously to the city and to its citizens. He was well known for doing the many extra things to help his fellow human beings, providing transportation, a jump start, giving funds out of his own pocket, unlocking a car with keys left in the ignition, talking with a kid to make a positive impression of law enforcement. Mr. Tibbott summarized Mr. Anway's service was a compelling story for a park that serves those who use the ferry service. The Planning Board would also like to have improvements made to the park to invite travelers to explore Edmonds. Many travelers do not know about the City's parks, recreational opportunities, shopping and the waterfront. Improvements could include a small stage, interactive elements, etc. Mr. Tibbott relayed the tremendous outpouring of support for the name Veterans Memorial Park. The Planning Board found that a compelling opportunity but did not think this location was conducive to public gatherings because it is a small park; there is no parking and the location is not a thoughtful or reflective place for a memorial. The Planning Board recommended naming this park Richard F. Anway Park but would like another park naming opportunity for a Veterans Memorial or another public location to honor veterans. Mr. Tibbott restated that the Planning Board recommended naming the park Richard F. Anway Park along with the installation of a plaque recognizing his public service. Alternate names could be Richard Anway Park or Anway Park. Councilmember Peterson asked if the park naming process required a public hearing only at the Planning Board and not at the City Council. Ms. Hite explained the park naming process requires the Planning Board hold a public hearing, deliberate and provide a recommendation to Council. No public hearing is required at Council; the Council could request a public hearing. Councilmember Peterson recalled Council discussion as part of a previous park naming. Ms. Hite agreed that occurred with the naming of the Hazel Miller Plaza. Councilmember Buckshnis inquired about the location of the SR 104 Mini Park. Ms. Hite responded it is near the coffee cart and adjacent to the ferry holding lanes. There is no parking; it is accessible by pedestrians or by vehicles parked in ferry lanes. Edmonds City Council Approved Minutes July 16, 2013 Page 14 Councilmember Buckshnis asked how the request to name the park arose. Ms. Hite answered following the naming of the Hazel Miller Plaza, the Planning Board requested an opportunity to name the SR 104 Mini Park. Councilmember Yamamoto asked if there was a veterans' memorial in any of the City's parks. Ms. Hite answered there was not an official Veterans Memorial Park. The centennial plaza is not specifically for veterans. There are a few pieces in front of the Edmonds Historical Museum that honor veterans. Councilmember Yamamoto observed there is little gathering space near the ferry holding lanes. Ms. Hite agreed it would be difficult to hold gatherings at the SR 104 Mini Park due to its location. Councilmember Bloom expressed appreciation for the Planning Board's thoughtful process in balancing the issues related to the two names. She agreed it would be appropriate for the City to identify a Veterans Memorial Park or a portion of a park. She asked why the Planning Board recommended Richard F. Anway Park instead of Anway Park. Mr. Tibbott responded Richard F Anway was selected as a full descriptor of the person behind the story. There was some concern the name Anway could be confused with a major corporation. Councilmember Peterson echoed Councilmember Bloom's comments regarding the Planning Board's thoughtful consideration. Although members of veterans groups such as the VFW were initially disappointed by the Planning Board's selection, they were assured the Planning Board and staff will endeavor to identify an appropriate way to honor veterans. Mr. Tibbott assured that priority would be forwarded to the Planning Board. Councilmember Johnson recalled when the Planning Board recommended Hazel Miller Plaza, Mr. Clarke was concerned that no other Edmonds parks had a first and last name. She understood the desire to avoid confusion with the company name that is similar to Anway and asked whether the full name would change the direction of the park naming process. Mr. Tibbott responded the subcommittee suggested the name Anway Park. As the Planning Board discussed it, they wanted to be clear who was being honored and avoiding any confusion with the corporation name. Main Motion #1 COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO NAME THE PARK, RICHARD (DICK) F. ANWAY MEMORIAL PARK. Council President Petso observed that name was not recommended by the Planning Board. Ms. Hite responded the Planning Board recommended Richard F. Anway. The Council has the discretion to select a variation of the name. Councilmember Peterson asked why the Planning Board did not recommend that name. Mr. Tibbott responded the nickname was omitted for the purpose of shortening the name. Councilmember Bloom preferred Richard F. Anway Park, finding the name in the motion a little long. Action on Main Motion #1 UPON ROLL CALL, MOTION FAILED (2-5), COUNCILMEMBERS PETERSON AND BUCKSHNIS VOTING YES; AND COUNCIL PRESIDENT PETSO AND COUNCILMEMBERS BLOOM, JOHNSON, FRALEY-MONILLAS, AND YAMAMOTO VOTING NO. Main Motion 92 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO NAME THE PARK RICHARD F. ANWAY MEMORIAL PARK. Edmonds City Council Approved Minutes July 16, 2013 Page 15 Mr. Tibbott clarified the Planning Board's recommendation was Richard F. Anway Park, and did not include "Memorial." Action on Main Motion #2 COUNCILMEMBER PETERSON WITHDREW HIS MOTION WITH THE AGREEMENT OF THE SECOND. Main Mntian 93 COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO NAME THE PARK RICHARD F. ANWAY PARK. Action on Main Motion #3 MOTION CARRIED UNANIMOUSLY. 13. POTENTIAL ACTION: RESOLUTION ADOPTING ROBERT'S RULES OF ORDER AS THE CITY COUNCIL'S NEW RULES OF PROCEDURE. Council President Petso explained this is before Council with the changes that were recommended to City Attorney Jeff Taraday with one exception; Mr. Taraday determined one of the modifications the Council agreed to is unnecessary as it is the way Roberts Rules of Order would resolve the issue. She also relayed Mayor Earling's suggestion to be specific with regard to the implementation date of August 6, 2013. Mr. Taraday suggested adding Section 5 to the resolution that states August 6, 2013 as the date Roberts Rules officially are the Council's rules of procedure. Main Motion COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BLOOM, TO ADOPT RESOLUTION 1295 WITH THE ALTERATION AS SUGGESTED BY MR. TARADAY THAT THE RESOLUTION BE EFFECTIVE AUGUST 6, 2013. Councilmember Johnson recalled there were three proposed amendments. Since the Council did not have access to the online packet, she requested the amendments be summarized. Mr. Taraday reviewed the resolution: • Section 1: Repeals Resolution 292 • Section 2: Adopts Roberts Rules of Order Newly Revised, 1lth Edition as its official rules for conducting Council meetings and addresses Roberts Rules of Order in Brief • Section 3: Modifications to Roberts' Rules: The city council hereby adopts the following modifications to the Robert's Rules of Order Newly Revised, 11 th Edition: 1. Contrary to the ** footnote on Page 35 and first bullet point on page 488, motions before the city council must be seconded. 2. Contrary to page 43, line 23 of Robert's Rules of Order, the Mayor participates in discussion and debate only with the permission of the Council and does not make motions. Tiebreaker votes by the Mayor will be as provided by Washington State law. Mr. Taraday explained the Roberts Rule that this undoes reads, "except in committees and small boards, the presiding officer should not enter into discussions of the merits of pending questions unless in rare instances he leaves the chair until the pending business has disposed of as described on pages 3, 94 and 95." 3. Notwithstanding Sections 35 and 38 of Robert's Rules of Order, actions taken on matters at the same meeting after public hearings will not be substantially modified without advance notice to the public and all Councilmembers. Mr. Taraday explained the "same meeting" language is important. If the Council held a public hearing and the Council took action on the proposal at that meeting, and at a subsequent meeting a Councilmember wants to bring back the motion either because Councilmembers were missing or had changed their minds, the Edmonds City Council Approved Minutes July 16, 2013 Page 16 modification would require advance public notice before the action taken at the public hearing could be modified. Section 4: Matters not covered. Order of precedent is State law, City ordinance, Roberts Rules. Councilmember Johnson explained she is in favor of adopting Roberts Rules and would approve modifications 1 and 2 but had concerns with modification 3. She asked why modification 3 was proposed. Council President Petso responded citizens often attend a meeting specifically for the public hearing. She provided the following example: the Council holds a public hearing regarding a cat ordinance and the Council approves a change to the cat ordinance. Robert's Rules would allow the Council to change their vote the following week. Modification 3 requires public notice when a change is made to an action taken at a public hearing. Councilmember Johnson asked if that meant the Council could not modify the proposal without public notice. Council President Petso responded modification 3 applies after action has taken; the Council could modify the proposal at the public hearing. Mr. Taraday explained under Robert's Rules reconsideration and amendment of something previously adopted are addressed under Rule 35. Because modification states notwithstanding Section 35, and uses the wording substantially modified, he advised without advance notice to the public, the Council could not substantially modify an action taken the evening of the public hearing. If the Council held a public hearing and deliberations are continued to a subsequent Council meeting, this exception would not apply. His reading of advance notice to the public was the Council agenda stating reconsideration, amendment or renewal of the ordinance. He requested the Council indicate if they wanted something more than agenda notice. Councilmember Peterson expressed concern with modification 3, envisioning a scenario where a Councilmember asked for a reconsideration because he/she changed their mind but the Mayor who approves the final agenda or the Council President who creates the agenda disagreed and it was placed on the agenda. He was uncertain there was a Council procedure to address that other than for a Councilmember to demand at a public meeting that it be placed on the agenda. Council President Petso assumed the recourse for the Council President not placing something on the agenda was to bring a motion to the Council. She agreed unless a Councilmember found a way for public notice, there would be an additional meeting's delay in order to provide public notice. It was her sincere hope no Council President would force that issue but understood it could result in a week's delay. Councilmember Peterson envisioned the delay could be longer than a week depending on the Council meeting schedule. Amendment COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AMEND THE MOTION TO REMOVE MODIFICATION 3. Councilmember Bloom asked why Modification 3 was proposed to be removed. Council President Petso explained a concern has been raised that it could be used to manipulate the process. Recognizing that the Council's adoption of Robert's Rules was an attempt to avoid that, it would be easier to adopt the resolution tonight without Modification 3 and propose the modification at a later date. Action on Amendment THE VOTE ON THE AMENDMENT CARRIED UNANIMOUSLY. Mr. Taraday clarified the amendment removed Item 3 under Section 3, not Section 3 entirely. Action on Main Motion as Amended THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. 14. RESTORATION OF THE PARKS IRRIGATION BUDGET Council President Petso explained the proposal was to authorize the Parks Department to water parks for which insufficient watering was budgeted. The budget cut was made in hopes of a wet summer. The Edmonds City Council Approved Minutes July 16, 2013 Page 17 estimated amount to water and mow is $15,000 to restore basic maintenance to parks and playfields that were not being watered in the 2013 budget. With Finance Director Neumaier's indication there will be hundreds of thousands of dollars in ending cash, this seems like a good investment of $15,000. Councilmember Bloom relayed her understanding if the fields are not watered, the turf goes dry, and if people play on the fields, the turf can be damaged to the point it will need to be replaced which would be a much larger expense. Parks & Recreation Director Carrie Hite answered when grass goes dormant it does not automatically default to be being ruined. There can be damage to turf if continued dry weather dries the grass to its roots. In the fall, rather than replacing the full turf, it would be top dressed and watered to bring it back. Fall also typically brings wetter weather to assist with watering. Staff will continue to monitor fields and if there is a tremendous impact and more dry weather, it may result in closing fields so they can be restored more easily in the fall. Councilmember Bloom observed if the Council did not pass this budget amendment, some parks may be closed. Ms. Hite agreed some of the larger grass areas may need to be closed. That was identified in the 2013 budget as part of a service level cut. Councilmember Fraley-Monillas recalled at the Finance Committee presentation, Ms. Hite referred to specific parks where scheduled games would need to be cancelled. Ms. Hite responded the fields/parks that were identified are Hickman, Seaview, Sierra, Mathay-Ballinger, Hummingbird and Pine Street Parks. Staff usually waters 5-6 days a week during peak summer weather; those parks are being watered 2-3 days a week. Some higher impact fields are watered 3-4 days week. If the hot weather continues, she anticipates the irrigation budget will be depleted by the end of July. Without a restoration of the irrigation budget, irrigation will be discontinued to avoid going over budget and the fields will be monitored for turf damage and possible closure to avoid additional expense in the fall to replace turf. Councilmember Fraley-Monillas asked if this had ever been done before. Ms. Hite said she was not aware it had been done in Edmonds before although it is a common practice. Parks Departments have experienced several years of difficult cuts and it has been a common practice to reduce watering. Other common practices include removing garbage cans to reduce garbage pickup, turning off water, not mowing, etc. Councilmember Buckshnis observed if the irrigation budget is restored, staff will be selective with the parks that are watered. Ms. Hite agreed high use fields would be watered five days/week to maintain the root integrity of the turf. She noted it is a balancing act all summer. COUNCIL PRESIDENT PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO RESTORE THE PARKS IRRIGATION BUDGET UP TO AN AMOUNT OF $15,000. Councilmember Peterson did not support the motion. All departments made difficult decisions in the 2013 budget. As the Finance Director's presentation indicated, one of the reasons the City is doing well is because of those difficult decisions. At some point the reality is that levels of service will decline. He acknowledged it was not a lot of money but many believe that government needs to live within its means just like individuals do. He was happy with monitoring and limited watering. These are still difficult economic times and the Council needs to lead by example and show they are willing to make difficult choices. He assumed every department could find $10,000 - $20,000 in items they wanted restored. He preferred to stand by the decision that was made as part of the difficult 2013 budget. Councilmember Yamamoto said he also would not support the motion. Ms. Hite has plans to monitor the situation; not watering will not destroy the parks. He questioned whether watering was one of the top priorities in the Strategic Plan. The Council needs to utilize the available funds; he was uncertain of the Edmonds City Council Approved Minutes July 16, 2013 Page 18 source of the $15,000. He cited the importance of staying within budget and questioned whether the same would be done for another department. Councilmember Fraley-Monillas expressed support for the motion, preferring to restore this small amount to prevent a larger expenditure in the fall. Councilmember Bloom expressed support for the motion. This has been an unseasonably warm and wonderful summer and she wanted children and families to enjoy all Edmonds' parks for the entire summer and into the fall. She trusted Ms. Hite and her staff to judicially use the funds for irrigation and envisioned it will prevent park closures. She viewed closing parks as a public health issue; the inability to play sports and games is detrimental to the community. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS FRALEY-MONILLAS, BLOOM, AND BUCKSHNIS AND COUNCIL PRESIDENT PETSO VOTING YES; AND COUNCILMEMBERS PETERSON, YAMAMOTO, AND JOHNSON VOTING NO. 15. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF JULY 9, 2013 Finance Committee Councilmember Yamamoto reported the committee considered: • Reinstating Court Clerk Position — approved on Consent Agenda • L & I Claim Management —committee members expressed support • Interlocal Agreement with Snohomish County regarding City Park Project funding — approved on Consent Agenda • Restoration of the Parks Irrigation Budget — scheduled for full Council • Authorization to Contract with James G. Murphy to Sell Surplus City Vehicle — approved on Consent Agenda • May 2013 Month Financial Report — Consent Agenda • Budget Amendment to Fund Development Services Director Position — split decision between Finance Committee Members; Councilmember Yamamoto supported forwarding to the Public Safety & Personnel Committee and Councilmember Fraley-Monillas supported forwarding it to full Council • Park Impact Fee — scheduled for full Council on July 23 • Public comment by Mr. Witenberg and Mr. Wambolt Councilmember Fraley-Monillas requested the Finance Committee minutes be amended to state Councilmember Yamamoto will pursue Mr. Witenberg's concerns with the City Attorney. Parks, Planniniz & Public Works Committee Councilmember Buckshnis reported the committee considered: • Quarterly Public Works Project Report — approved on Consent Agenda • Authorization to Advertise a Request for Bids for Construction Services for the 224th Street SW Waterline Replacement Project — approved on Consent Agenda • Authorization for Mayor to approve acceptance and recording of easements for the 228th St. SW Corridor Improvements Project — approved on Consent Agenda • Discussion on critical areas `allowed uses' provisions — recommended Planning Board review and develop recommendation for full Council consideration • Continued discussion on Park Impact Fees — scheduled for full Council discussion on July 23 • Interlocal Agreement with Snohomish County regarding City Park Project — approved on Consent Agenda Edmonds City Council Approved Minutes July 16, 2013 Page 19 Public Safety & Personnel Committee Councilmember Bloom reported the committee considered: • Review of appointment of two new members to the Edmonds Public Facilities District Board — approved on the Consent Agenda. Committee members would like to review and clarify the process for future appointments • Reinstating Court Clerk position — approved on Consent Agenda • L & I Claims Management — committee members expressed support • Discussion: Edmonds City Code Chapter 2 Revisions — City Attorney incorporated suggested revisions into ordinance for review by full Council • Discussion regarding Code of Ethics — schedule for discussion by full Council 15.5. CONVENE IN EXECUTIVE SESSION REGARDING POTENTIAL LITIGATION PER RCW 42.30.110(1)(i). COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY. At 9:59 p.m., Mayor Earling announced that the City Council would meet in executive session regarding potential litigation per RCW 42.30.110(1)(i). He stated that the executive session was scheduled to last approximately 5 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. Action may occur in open session as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley- Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday, Public Works Director Phil Williams, Community Services/Economic Development Director Stephen Clifton, and City Clerk Sandy Chase. The executive session concluded at 10:05 p.m. Mayor Earling reconvened the regular City Council meeting at 10:07 p.m. 16. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION No action was taken as a result of meeting in executive session. 17. MAYOR'S COMMENTS Mayor Earling requested Councilmembers provide feedback on the new seating arrangement. 18. COUNCIL COMMENTS Council President Petso recalled one of the committee reports indicated there was a split decision of the committee members and a committee forwarded an item to the Planning Board. She expected a split decision was an item that needed to be discussed by full Council. She will schedule a discussion regarding committee procedures and processes on the August Parks, Planning and Public Works Committee agenda. Councilmember Peterson congratulated the Edmonds Petanque Club on their successful tournament that included 54 competitors from several cities including Tacoma and Bainbridge Island. Mayor Earling commented he saw the exciting, final match. Councilmember Buckshnis referred to the Parks, Planning and Public Works Committee's referral of the critical areas allowed uses provisions to the Planning Board without full Council discussion. She pointed out there are some issues that the committees should be able to forward to Boards and Commissions. Edmonds City Council Approved Minutes July 16, 2013 Page 20 Councilmember Buckshnis thanked Councilmember Bloom who will represent the City at WRIA 8 in her absence. The agenda includes a $200,000 Edmonds Marsh restoration project that she hopes will be funded. Councilmember Buckshnis expressed concern that the Council's intervention stalled the Westgate project. She expressed support for the Planning Board completing that project. 19. ADJOURN With no further business, the Council meeting was adjourned at 10:09 p.m. Edmonds City Council Approved Minutes July 16, 2013 Page 21