20190423 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES
April 23, 2019
ELECTED OFFICIALS PRESENT
Dave Earling, Mayor
Adrienne Fraley-Monillas, Council President
Michael Nelson, Councilmember
Kristiana Johnson, Councilmember
Thomas Mesaros, Councilmember
Diane Buckshnis, Councilmember
Dave Teitzel, Councilmember
Neil Tibbott, Councilmember
1. CALL TO ORDER/FLAG SALUTE
STAFF PRESENT
Al Compaan, Police Chief
Don Anderson, Assistant Police Chief
Linda Coburn, Municipal Court Judge (by phone)
Phil Williams, Public Works Director
Patrick Doherty, Econ. Dev & Comm. Serv. Dir.
Shane Hope, Development Services Director
Scott James, Finance Director
Mary Ann Hardie, HR Director
Dave Turley, Assistant Finance Director
Kernen Lien, Environmental Program Mgr.
Frances Chapin, Arts & Culture Program Mgr.
Maureen Judge, Council Legislative/Admin. Asst.
Jeff Taraday, City Attorney
Scott Passey, City Clerk
Jerrie Bevington, Camera Operator
Jeannie Dines, Recorder
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council
Chambers, 250 5" Avenue North, Edmonds. The meeting was opened with the flag salute.
2. ROLL CALL
City Clerk Scott Passey called the roll. All elected officials were present.
3. APPROVAL OF AGENDA
COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL TO
REMOVE STUDY ITEM 9.1, FUND BALANCE / RESERVE POLICY DISCUSSION.
Councilmember Buckshnis explained Finance Director Scott James indicated not all the documents had
uploaded correctly.
MOTION CARRIED UNANIMOUSLY.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED.
MOTION CARRIED UNANIMOUSLY.
4. APPROVAL OF CONSENT AGENDA ITEMS
Edmonds City Council Approved Minutes
April 23, 2019
Page 1
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO
APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items
approved are as follows:
1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF APRIL 16, 2019
2. APPROVAL OF COUNCIL MEETING MINUTES OF APRIL 16, 2019
3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND
WIRE PAYMENTS
4 PFD BOARD CANDIDATE CITY COUNCIL APPOINTMENT
5. PRESENTATIONS
BETTY LOU GAENG PROCLAMATION
Mayor Earling read a proclamation thanking Betty Lou Gaeng for her community involvement, historical
writings and research, and encouraging all residents to join him in extending our gratitude and sincere
appreciation to her for her years of service.
Ms. Gaeng thanked the City for the proclamation. She was sorry to leave Edmonds but was moving to
Alaska to live with her son and grandchildren. Mayor Earling presented Ms. Gaeng with a small gift.
2. ARTS COMMISSION ANNUAL REPORT 2018
Arts & Cultural Program Manager Frances Chapin introduced Edmonds Arts Commission Chair Tanya
Sharp. Chair Sharp explained the seven volunteer Arts Commissioners work with the Cultural Services
Division on various projects, volunteering hundreds of hours each year. The Arts Commission works in
partnership with many different arts organizations and funding partners who help make their programs
possible. The Arts Commission was established by City Council 43 years ago to recognize the important
role of visual, performing and literary arts in enhancing the quality of life in our community. Chair Sharp
reviewed:
Mission:
o Ensure that the arts are an integral part of the:
Central identity,
■ Quality of life, and
■ Economic vitality of Edmonds.
Cultural Planning & Implementation 2014 — 2018
o Key Strategy — assessment of cultural tourism and economic impact of arts and culture in
Edmonds.
o Economic Impact of Arts & Culture Study
■ Economic Impact = about $50 million, and 440 full-time job equivalents and $17 million
in labor income generated by Arts & Culture in the City of Edmonds.
o Creative District
■ Application for new State Creative District certification
• Edmonds designated the first certified Creative District in State of Washington December
2018
■ Core Programs
o Literary
■ 33 years of Write on the Sound writers' conference
■ Sold out - 275 attendees
in Lodging revenue - overnight stays
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o Literary/Visual
• 21 years of the Best Book I Ever Read Poster Contest for third graders
o Performing Arts
■ Music at the Library
- 7 free music presentations in the Plaza Room, fall - spring
■ Concerts in the Parks Series
- 19 free summer concerts at City Park and Hazel Miller Plaza
o Visual Arts
■ Rotating exhibits in the library and the Frances Anderson Center
• Youth Display Case for local high school students
■ On the fence temporary art installations
• Art in the Public Realm
o City Art Collection - acquisition and maintenance
• Over 150 original artworks located throughout City buildings
■ More than 35 permanently sited outdoor installations
■ 25 small sculptural artworks on new flower basket poles
• Economic Vitality/Cultural Tourism
o Provide workshop resources to support artists and arts and culture organizations
o Recommended $21,000 from Lodging Tax funds to community arts and culture organizations
for advertising events which attract visitors
• Thank you partners, sponsors and volunteers
o Over 1000 volunteer hours contributed for EAC
o Partners and Sponsors include:
■ Edmonds Center for the Arts; Edmonds Library; Friends of the Edmonds Library;
Edmonds Historical Museum; Wintergrass; EPIC Group Writers; Edmonds School
District; Hazel Miller Foundation; Hubbard Foundation; Edmonds Arts Festival
Foundation; Lynnwood Honda; Acura of Lynnwood; Edmonds Bookshop; Edmonds
Theater; Harbor Square Best Western; Walnut Street Coffee; Windermere Real Estate
Edmonds; Patricia Thorpe & Heather Krause/RBC Wealth Management
Councilmember Johnson asked about the EAC's plans for the future. Ms. Chapin commented with the
Creative District, there is a lot going on. There are ongoing public art projects and temporary art projects
and they hope to do other larger projects. She advised of a new online public art walking tour map available
on the Edmonds Arts Commission website of the City's collection of public art and other artwork that is
visible in the public realm.
Councilmember Buckshnis commented the first Creative Art District meeting included a lot of powerful
people. She noted many people enjoy the Concerts in the Park and the concerts at Hazel Miller Plaza.
Councilmember Tibbott commented he was in awe of the number of volunteer hours, noting those hours
and activities help make visitors feel welcome and part of the community. He asked about the historical
plaques in front of some buildings. Ms. Chapin answered the Stages of History plaques at 12 sites in
downtown are part of the City's art collection and are considered one art installation. The plaques were
installed in 2015 with matching funds from the Preserve American Program. The plaques recognize the
community's heritage and each one is different and artist made.
Ms. Chapin thanked all volunteers, especially the seven Art Commissioners and the Student Representative.
She identified Commissioners Rhoda Soikowski and Patricia Oneill in the audience.
6. REPORTS ON OUTSIDE BOARD AND COMMITTEE MEETINGS
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Councilmember Mesaros reported the Seashore Transportation Forum meeting included discussion
regarding King County Metro services updates to meet the demand; King County Metro is the fastest
growing public transportation in the country. An update was also provided by Community Transit regarding
the addition of a Swift Line from Bothell to north Paine Field that will reduce the commute time by about
30 minutes compared to regular public transportation and also takes cars off the road.
Councilmember Mesaros explained the Snohomish County 911 Board discussed policies related to the
purchase of the new emergency radio system that voters approved in November. The Board is comprised
of half elected officials and half professionals working in police and fire. Due to the dedication of that
group, when people dial 911, they get the best service. The legislature rated Snohomish County 911 as best
911 service in the state.
Councilmember Mesaros reported the Edmonds Public Facilities District Board will meet on Thursday and
their agenda includes routine financial information. Prior to tonight's meeting the Council interviewed the
PFD Board's recommended candidate, Ray Liaw, and her appointment was approved on the Consent
Agenda. He advised of the Edmonds Center for the Arts (ECA) Center Stage event on May 1 where the
ECA introduces their upcoming season and auction sponsorships, an event that typically raises over
$200,000. If anyone wants to attend, he invited them to contact the ECA.
Councilmember Nelson reported the Lodging Tax Advisory Committee's retreat included an update on the
Creative District and review of the current budget; lodging revenues are strong and Best Western indicated
they have strong bookings through rest of the year. The committee also discussed a multi-year approach to
lodging tax funds to potentially fund larger opportunities in the future.
Councilmember Teitzel reported he and Councilmember Buckshnis serve on the Disability Board which
administer benefits for the Law Enforcement Officers and Fire Firefighters (LEOFF), a group of 26
firefighters and police officers who retired decades ago for whom the City covers any medically necessary
expenses not covered by insurance. There are currently two members in long term care and a third just
entered long term care. The Board reviewed the medical data for this individual and agreed the care was
necessary.
Councilmember Teitzel reported on the quarterly meeting of the Lake Ballinger Watershed Forum. On
March 14t", there was an accidental sewer valve closure by a King County maintenance worker that resulted
in a 250,000 gallon sewage spill that covered the yards of approximately 10 ten homes on the south end of
the lake requiring a massive cleanup. Procedures have been implemented to ensure that does not occur in
the future and remedial training has been conducted. The Forum also discussed plans to use an
environmentally friendly chemical, Procellor, to control milfoil. Machine harvesting was tried but did not
work because it caused the milfoil to break and sprouts new plants. The meeting also included a report that
Sound Transit 3 will include the removal of approximately 5,000 trees, many of them in the Lake Ballinger
Watershed; 20,000 trees will be replanted, a net benefit for the environment over time.
Councilmember Teitzel reported on the Port of Edmonds Commission meeting; the Port is beautifying the
intersection of SRI 04 & Dayton to match the Cascadia Museum side. The breakwater lighting was damaged
by a storm this winter and had to be totally replaced. Freedom Boat Club recently opened in the Port; they
are targeting younger boaters and hope to have ten members for each of their four boats. The boardwalk on
the north side of the marsh is owned and maintained by the City but there has never been an easement; the
easement has been written and engaged in by both the City and the Port.
Council President Fraley-Monillas reported Snohomish County Tomorrow reviewed housing and
development 2040-2050. The Diversity Commission retreat included discussion of goals for the coming
year. She met with Verdant and had three Snohomish Health District meeting including an awards
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ceremony last Saturday where the public health award was given to the Edmonds School District for their
kitchens. A Joint Snohomish County Tomorrow & South County Cities including discussion on the need
for housing for the future.
Councilmember Tibbott reported the Alliance for Housing Affordability did not meet. He referred to the
Economic Development Commission's (EDC) recent report to the City Council, commenting the EDC
reviews economic data for the entire City including revenues by businesses. The EDC's meetings include
updates from each of the members including the Port, Chamber, Planning Board, and the School District.
One of the opportunities the EDC is considering is a joint advertising effort to make advertising dollars go
further. He summarized the EDC serves an important purpose and have their eye on economic activities,
sources of revenue and new opportunities.
Councilmember Buckshnis reported the Creative District's first meeting included review of the five year
strategic program which is available on the City's website. WRIA 8's grant funding committee is meeting
for three days beginning next Monday to do walkabouts of 19 projects; the total ask is $5 million.
Windward, the Council's appointed consultant studying the Marsh, has completed their third task which
will be presented to the Council soon. The Earth Day ivy pull at City Park was well attended and very
successful.
Councilmember Johnson thanked the alternates who attended during her absence: Council President Fraley-
Monillas who attended Snohomish County Tomorrow, Councilmember Teitzel who attended the Historic
Preservation Commission and Councilmember Buckshnis for overseeing the Windward consultant contract.
AUDIENCE COMMENTS
Ardis Santwire, Edmonds, a resident of Maplevine Condominiums, was concerned about the legally
nonconforming condominium issue. The City code did not take into consideration older buildings that were
built before the current code. The code needs to be amended so people living in the 20+ buildings can sell
their homes and buyers can get financing.
Barbara Pruitt, Edmonds, a resident of Maplevine Condominiums, was concerned about the legally
nonconforming condominium issue. She questioned why these issues were not investigated before the new
code was adopted, noting buildings constructed in the 1960s and 1970s may not conform with new building
codes. She was hopeful the Council would recommend to the Planning Board grandfathering these older
buildings, many of which are owned by seniors and is their sole source of money when they need to sell
and move into assisted living.
Tom Sullivan, Edmonds, a real estate broker, said his client at Maplevine Condominiums expected to
close escrow next week until he told her that was no longer possible. His client, a 72 -year old widow living
on a fixed income and for whom the condominium is her sole asset, needs the money now. If she is not able
to sell, she will experience negative consequences and the buyer, the broker and everyone involved will be
upset. He estimated there were 260 units affected by this and it is the Council's job to fix it quickly.
Samm Jaenicke, Edmonds, applauded the Council for forming the Housing Commission, a valuable step
in ensuring diverse voices are heard. However, even though selecting members who are not members of
other boards or commission was stated as a strong preference, it appears not to have been included in the
resolution as a requirement. She requested when making selections for the commission, Councilmembers
and the Mayor apply that standard, and select members who have not participated in other boards or
commissions for the past two years. That would go a long way toward having a commission comprised of
truly open minded individuals who do not bring biases into this work.
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Marge Plecki, Edmonds, referred to the nonconforming condominium issue, explaining she has a
condominium on the market and learned last week it is on the list of nonconforming buildings. She urged
the Council to move forward tonight with at least a temporary solution to this problem and a permanent
solution in the coming weeks. She expressed appreciation to several Councilmembers who reached out to
her following her inquiry. She expressed support for this issue proceeding as a single item and not packaged
with other amendments.
Margie Clark, Edmonds, an owner of one of the legally nonconforming condominiums, urged the City
Council to grandfather the nonconforming buildings as soon as possible. She read a letter from a neighbor
Robert and Luann Ogeltree, residents of a 41" floor condominium in Edmonds, who were informed it was
not in compliance with the City's height limit although it was compliant when it was built. They invested
hundreds of thousands to purchase and upgrade the unit, actions that were not opposed by the Council or
Planning Board at the time they occurred. Now it appears they would potentially be prevented from selling
or rebuilding should the need arise due to the change in height limits. This could be viewed as taking their
investment without compensation and since nothing has changed legally since their purchase and the City,
State, School District, etc. have assessed their property at much too high a value in the interim period.
Taking their property without just compensation or any wrongdoing on their part is or should be illegal.
They urged the City Council and Planning Board to adopt grandfathering language covering all similar
buildings in the City. The alternative would be a protracted legal proceeding at great cost to the City and
owners.
Rebecca Anderson, Edmonds, referred to Action Item 3, Land Use Permit Decision Making and Quasi -
Judicial Process and thanked the Council for taking time to carefully review this matter which speaks to
their dedication and effort to carefully discern this important issue rather than hastily taking a vote to
remove or retain this function. She opined that removing this function would bear undue burden on citizens;
forcing residents to go outside the city limit to resolve an issue instead of having elected city government
officials participating in the process. Liability continues to be main the reason this issue is being considered
for removal. The logic is that by eliminating the quasi-judicial process from the Council, the risk to the City
will be greatly reduced. It was her understanding this issue had been adopted and removed several times by
the Council over the years. She encouraged the Council to consider the following before taking action, a)
will removing Council from the process benefit residents of Edmonds today or in the future, b) will it make
it easier for residents to resolve disagreements or issues or make it more complicated and costly, and c) will
it keep the Council directly involved in all things Edmonds or give outside influence in the community?
Abdicating this vital function will place a barrier between the Council and citizens who voted to place them
in office and result in entities outside of Edmonds making important decisions for Edmonds instead of local
elected government. Perhaps it is time to stop the game and figure out why quasi-judicial became such a
hot potato in the first place and get to the root cause of the controversy instead of removing a Council
function that best serves the residents of Edmonds.
Michelle Dotsch, Edmonds, thanked the Council for passing the resolution establishing the new housing
commission. However, in reviewing the resolution, an important part was left out. As the Council debated
the creation of the commission including how to make it truly citizen driven, the practice of how City
commissions, task forces, and boards are selected came up. Various groups include the Alliance for Citizens
of Edmonds (ACE), a citizen group of about 29 residents, a grassroots citizens group of over 55 residents
wrote and spoke to the Council recommending the Council include in the resolution that no residents be
chosen who currently serve on any other board, commission or committee or have served in the last two
years. She quoted Councilmember Tibbott, the liaison for the Economic Development Commission, who
reported to the EDC last month that the Council voted to form a housing commission which will look at
varieties of housing and a visioning process the next 10-20 years; no one on current boards/commissions
will be eligible for an appointment to the housing commission. She requested the Council amend the
resolution forming the housing commission to show they truly desire average residents to be included in
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the commission. Citizens are watching and listening for the Council to do the right thing this time, discard
the old ways and be advocates for residents, the true stakeholders who elected the Council and ask to have
their best interests at heart.
Joan Longstaff, Edmonds, having had a real estate company in Edmonds for nearly 40 years and sold
many condos, was horrified these residents would be unable to sell and buyers would be unable to get
financing. She urged the Council to take the necessary action to prevent that from happening.
Wendy Kondo, Edmonds, said what is needed most right now for the many people that have
condominiums for sale is for the City to write a rebuild letter, a letter from the Planning Department that
says the building can be rebuilt to the existing density. That is what started this issue and is what the bank
she is working on the sale of a condo wants. With that letter, the condo sale can close; however, the Planning
Department has said they cannot write that letter.
Gary Nelson, Edmonds, spoke regarding the quasi-judicial issue, complimenting staff for the great
overview in the packet. He explained with a vote tonight, the Council could overturn a Hearing Examiner
or Architectural Design Board decision which the Council can do today. If the Council does not overturn
that decision, residents are back to where they are today where the applicant or a citizen group has to go to
Superior Court. It appears the Council is making a decision when it first comes to City Council so the
Council might as well be making the final determination.
8. ACTION ITEMS
1. TEMPORARY EMPLOYMENT CONTRACT -COURT ADMINISTRATOR
Municipal Court Judge Linda Coburn (participating by phone) explained the current Court Administrator
Sharon Whittaker has accepted a position as the Everett Municipal Court Administrator which requires
hiring a new court administrator and temporarily filling the position until a new court administrator is hired.
The court administrator is an essential position for the court; the person basically runs the daily operations
of the court and because Edmonds is a small court, existing staff cannot absorb that workload. Janet
Vandiver is experienced and capable, temporarily held this position previously for former Court
Administrator Joan Ferebee, and is available to start work May 1, Ms. Whittaker's last day. This is a
temporary employment contract which requires Council approval.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
MESAROS, APPROVE THE PROPOSED TEMPORARY EMPLOYMENT CONTRACT FOR
JANET VANDIVER.
Council President Fraley-Monillas said she has discussed this position with Judge Coburn and agreed the
position was warranted. She encouraged the Council to support Judge Coburn's request for a temporary
employee until the position can be filled on a permanent basis.
MOTION CARRIED UNANIMOUSLY.
2. OPTION FOR ADDRESSING NONCONFORMANCE IN LIMITED MANNER
Development Services Director Shane Hope reviewed:
• Multifamily nonconforming Issue
o Before the 1980s, multifamily buildings were allowed by zoning code to have more density
and height than now
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o Edmonds' nonconformance code does not currently allow multifamily buildings to be
"grandfathered" to previously allowed density & other dimensions—except in commercial
zones
o So far, 633 units on 25 sites in town are known to be affected.
■ If they needed to be rebuilt, due to major damage (75% of replacement cost), they could be in
limbo
• Banks are beginning to turn down financing of these units...
• Map of Sites Identified So Far
0 633 units on 25 sites
o Not comprehensive
o More affected units maybe out there
• Parallel Tracks, based on April 16' City Council discussion
Interim Ordinance
• Short-term (180 days)
No public hearing required
Could be adopted by City Council as
emergency ordinance (immediate effect)
Longer Term Ordinance
• Goes to Planning Board
o Intro – April 24
o Public hearing (with 2 week advance notice)
May 8 and recommendation
o SEPA documentation
• Goes to City Council
o Discussed April 16 and 23
o Public hearing with 2 week advance notice
May 14 or 21 and possible adoption
Some possible longer-term ordinance issues for multi -family nonconforming
o Address "grandfathering" only for the number of units?
o Also address building dimensions and setbacks?
o Need longer than one year after major damage to apply for permit (with complete building
plans)?
o Should reference be added to building code?
Ordinance guided by Comprehensive Plan
o Required by state law to implement and to be consistent with the Comprehensive Plan
o Comprehensive Plan includes a goal about retaining and preserving housing where possible
and policy about reexamining the codes to see what can be done to retain existing housing
stock.
o Would be discussed at Planning Board
Recommendation:
o Decide whether to aim for public hearing on longer term ordinance to be May 14?
o NOTE: Min. 14 -day advance public notice is required
Councilmember Mesaros encouraged Council President Fraley-Monillas to schedule a public hearing on
May 14 so the issue can be resolved as soon as possible in a permanent manner to assure residents the
investment they've made is truly a good investment.
Councilmember Buckshnis spoke in favor of grandfathering, pointing out if a building were destroyed, it
would be difficult to determine which unit did not get rebuilt. Common sense says the existing dimensions,
height, etc. need to be respected. She supported adopting the interim ordinance, relaying in speaking with
Mr. Lien, the language was taken from a previous ordinance. She assured Edmonds was not the only city
where this issue arose; it was an anomaly found by an astute banker.
Councilmember Tibbott agreed with Councilmember Buckshnis' comments. He asked what specifically
changed in the last month that precipitated this issue. Ms. Hope answered the City received a call from a
realtor whose client was in her 70's, had planned to sell her unit, had arranged a sale and made plans to
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Page 8
move into assisted living, and the bank refused to finance. Staff also learned there were other buildings that
had a similar issue. Councilmember Tibbott asked if the banks had changed their way of evaluating
buildings. Ms. Hope agreed there was a general trend of banks getting tighter in the last several years which
increased the likelihood that they would notice this issue.
Councilmember Tibbott referred to Ms. Kondo's comment about a letter from the Planning Department
allowing the condo to be rebuilt and asked whether the interim ordinance would allow that letter to be
provided. Ms. Hope said the interim ordinance would allow the City to issue a letter to the bank because it
would state under the existing code, it would be allowed to be rebuilt.
Councilmember Teitzel was concerned about the problem that had been created for citizens, noting in some
cases, the ability to sell their condominium was their lifeblood, thus the need for the City to move quickly
to resolve this issue. He asked whether the interim ordinance would apply to apartments buildings,
duplexes, triplexes, fourplexes, etc. Ms. Hope said it applies to multifamily; there are a number of apartment
and condominium buildings. She did not believe it would apply to duplexes but buildings with more units.
Councilmember Teitzel was uneasy the full universe regarding the number of units was not well understood.
He was hopeful that as work on a permanent ordinance continued, that could be identified. He supported
the interim ordinance due to the need to move forward quickly on a temporary basis.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
TEITZEL, TO ADOPT THE INTERIM ORDINANCE. MOTION CARRIED UNANIMOUSLY.
Ms. Hope asked about scheduling a public hearing on May 14. Council President Fraley-Monillas said she
will research having a hearing prior to committee meetings.
3. LAND USE PERMIT DECISION-MAKING AND QUASI-JUDICIAL PROCESS
Environmental Program Manager Kerner) Lien reviewed:
• Tonight looking for consensus on Council role:
o Quasi-judicial appeal, or
o Council as appellant
■ Regardless of decision on Council quasi-judicial role, move forward with other previously
presented related code amendments
o Type IV -A (Final Formal Plats and PRDs)
o ECDC 17.00.030 — Public Agency Variances
o ECDC 20.100.040 — Review of Approved Permits
o ECDC 20.06 (Open Record Public Hearings) and ECDC 20.07 (Closed Record Public
Hearings)
o Development Agreements
COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS TO REMOVE THE TOPIC FROM THE TABLE. MOTION CARRIED (6-1)
COUNCILMEMBER TEITZEL VOTING NO.
Councilmember Johnson distributed a proposed amendment to 20.01.003.A Permit Type and Decision
Framework. She expressed concern with the cost of outside counsel and staff resources following the quasi-
judicial review of two major projects, the Burnstead subdivision near Hickman Park and Building 10 at Pt.
Edwards. The Council discussed the quasi-judicial process at the Council retreat three years ago; this is an
opportunity to consider all the public comments and give direction to staff. She proposed moving three
decisions (design review, preliminary formal plat and preliminary planned residential development) from
Type IIIB which includes Council review, to Type IIIA which does not include Council review. This would
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Page 9
accomplish what she initially sought, to get the Council out of the protracted quasi-judicial hearing process,
noting the Council's review of those two matters occurred prior to four Councilmembers being on Council.
Mr. Lien displayed the table in ECDC 20.01.003.A. explaining generally Type IIIA decisions are not
appealable to City Council and Type IIIB decisions are appealable to City Council. With regard to Building
10 and the Burnstead development, design review or a public hearing by the Architectural Design Board
(ADB) is required. If that section were moved, it would apply to larger commercial developments as well.
Generally projects that required ADB review also trigger SEPA, multifamily developments of five or more
units or commercial developments with 4,000 square feet of commercial area and 20 new parking spaces.
The Burnstead development was a preliminary formal plat and a planned residential development. If the
Council only did not want to hear quasi-judicial on those type of projects, the simple fix would be to move
them from Type IIIB column to the Type IIIA column and they would not be appealable to City Council
which is basically Councilmember Johnson's proposed amendment.
Councilmember Johnson asked City Attorney Jeff Taraday if that could legally be done. Mr. Taraday said
there is no legal prohibition on creating different processes for different types of applications. If the Council
wanted to retain its quasi-judicial role for a certain subset of applications and not have a quasi-judicial role
for another subset, it was free to do that.
Councilmember Mesaros asked if this was an action item. Mr. Lien said the action staff is seeking is
direction whether the Council wants to remain in quasi-judicial and whether to bring back the other
amendments. Councilmember Mesaros referred to public comment that there is less cost to appeal to the
City Council compared to Superior Court and asked Mr. Lien what the fee was to appeal to City Council.
Mr. Lien answered an appeal of a Type IIIB decision to City Council is $500; the filing fee for a judicial
appeal to Superior Court is $240. The cost is in regard to legal representation; appeals to Superior Court
may be more likely to have legal representation although appeals to City Council often have legal
representation. For example, both the Burnstead and Building 10 appeals had legal representation for all
parties involved.
Councilmember Mesaros asked how many items that have come to the City Council for quasi-judicial
review were then appealed to Superior Court, thereby adding a step for citizens rather than making it
simpler. Mr. Lien said there have been four appeals to City Council in the last ten years (Burnstead Plat,
Hillman critical area variance, Pt. Edwards Building 10, and the Willowdale Fence), two went on to
Superior Court. There were two closed record appeals on the Burnstead development, one in 2007 that went
to the appellant court and was remanded back to the Council. The second closed record appeal in 2012 was
not appealed further. Building 10 was appealed to Superior Court; prior to a decision being issued in
Superior Court, a settlement agreement was reached.
Councilmember Mesaros said his concern was related to cost and the fact that if an appellant does not like
the Council's decision, they have expended a considerable amount of money and then have to spend more
to appeal to Superior Court. This is an opportunity for the City Council to be advocates for constituents
which is not allowed under the current quasi-judicial process. During a quasi-judicial review, the Council
cannot talk to constituents and can only review the record created by the hearing examiner. He referred to
Councilmember Johnson's proposal, noting it may reduce the number of City Council quasi-judicial
reviews thereby creating less bureaucracy for citizens. Mr. Lien said the packet included a comparison
prepared by the City Attorney of the Council in the quasi-judicial role versus the other role.
Councilmember Buckshnis said in the nine years she and Council President Fraley-Monillas have been on
Council there have been eight quasi-judicial reviews where the Council either affirms or disagrees with the
hearing examiner's decision and in most cases have affirmed the hearing examiner's decision. Mr. Lien
displayed the chart in 20.01.003.A, advising in addition to appeals, the Council also makes quasi-judicial
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April 23, 2019
Page 10
decisions such as formal plats, final formal plats, final planned residential development (PRD), site specific
rezones, and public agency variances such as high school. He summarized there have been other quasi-
judicial decisions that have come to the City Council, but only four Type IIIB quasi-judicial appeals.
Councilmember Buckshnis said citizens have a right to speak to their Councilmembers rather than go to
Superior Court. The change was made in 2010 and it has remained for 9 years. The problem she envisioned
with the Council advocating was the possibility of a 4-3 Council vote. For example if she was on the
minority side, City employees would be advocating for the majority and she anticipated this could become
a political hot potato when the minority did not want staff to advocate for a citizen in Superior Court.
Councilmember Buckshnis asked if respected Councilmember Johnson's proposal only addressed
multifamily. Mr. Lien said if the highlighted decisions were moved, design review by the ADB would apply
to design reviews that trigger SEPA which is multifamily of 5+ units or commercial of 4,000+ square feet.
Councilmember Buckshnis referred to the quasi-judicial review related to locating a house in a critical area.
Mr. Lien explained that was the Hillman Variance; critical area variances are now in the Type IIIA column.
When the critical area code was updated a few years ago, based on the resolution that the Council wanted
to get out of quasi-judicial review, those no longer come to City Council. Councilmember Buckshnis
supported having the Council in a quasi-judicial role because she believed citizens have a right to appeal to
City Council.
Council President Fraley-Monillas supported retaining the City Council in a quasi-judicial role. If
Councilmember Johnson's proposal is approved, individual homeowners could still appeal to City Council.
Mr. Lien explained if the amendments proposed by Councilmember Johnson were approved, essential
public facilities, conditional use permits which require a public hearing by the hearing examiner, zoning
variances, height and setback variances and home occupation permits where a public hearing is required by
the hearing examiner, would remain in the Type I1113 column.
Council President Fraley-Monillas asked for examples of essential public facilities. Mr. Taraday answered
it is anything that is difficult to site such as jail, a train station, garbage dump, or other public facilities that
are essential to society that are generally difficult to site. State law required cities adopt processes for siting
essential public facilities.
Councilmember Tibbott said he has thought a lot about whether the Council should remain in the quasi-
judicial process. He was not confident sending an appeal to Superior Court would serve their best interest.
Due to ambiguities in the code, it serves citizens well for the City Council to hear appeals. He was in favor
of the Council maintaining its quasi-judicial role. However, he appreciated Councilmember Johnson's
amendment because it eliminated a couple of the topics he was most reluctant to review, partially because
of what he witnessed as a Planning Board member when the Burnstead development and Building 10 came
to the City Council. He was in favor of the amendments proposed by Councilmember Johnson and requested
additional language in the code to help buttress the way reviews come to the City Council. Often the Council
is surprised by them or not well informed in advance so there is the potential for Councilmember to hear
additional information about a site outside the record. He suggested there be a better process for bringing
information to the City Council and Planning Board.
Councilmember Tibbott relayed his discussion with Mr. Taraday about a recent Council quasi-judicial
review. In the beginning he had no conflict of interest, but as the process unfolded, he realized he had more
information about the topic than was introduced. He suggested training for the Council that allows an
executive session or ability to voice concern about continuing as an impartial member of the review panel.
Mr. Taraday had assured him that could be part of the quasi-judicial process. Councilmember Tibbott said
if WCIA is concerned about the Council's exposure to liabilities, it may be helpful for WCIA to provide
Edmonds City Council Draft Minutes
April 23, 2019
Page 11
training regarding how quasi-judicial reviews are conducted. He summarized he was in favor of retaining
the Council in a quasi-judicial role and supported the amendment proposed by Councilmember Johnson.
Councilmember Teitzel found the decision matrix very helpful. There has been a great deal of discussion
about the cost to a citizen under the current quasi-judicial process to bring an issue to Council versus the
new process. It was his understanding the cost to bring an appeal to the City Council was $500. Under the
new process where a citizen brings an issue to Council and states their belief that an error has been made
and Council agrees to advocate for the citizen, there is no cost to the citizen. Mr. Lien agreed.
Councilmember Nelson expressed support for the Council's role in quasi-judicial reviews. It is a way for
citizens to have an accessible form of quasi judiciary. It may be imperfect but it works and allows citizens
to come to City Council. In practice, the Council rarely exercises the role. It is a small price to pay for that
accessibility.
Mr. Lien summarized a majority of the City Council wants to stay in the quasi-judicial role. Staff will
prepare an ordinance, taking into consideration Councilmember Tibbott's comments. He asked for
confirmation that the Council supported Councilmember Johnson's proposed amendment, remaining in a
quasi-judicial role but moving the highlighted permit types into the Type IIIA column. A majority of the
Council supported Councilmember Johnson's proposed amendment. Mr. Lien advised that change would
be included in the ordinance.
Mayor Earling declared a brief recess.
Discussion about adding an agenda item regarding the Citizen's Housing Commission
Council President Fraley-Monillas referred to comments during Audience Comments regarding the
Housing Commission.
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO ADD TO THE HOUSING COMMISSION RESOLUTION THAT APPLICANTS
MUST NOT CURRENTLY BE SERVING ON BOARDS OR COMMISSIONS OR HAVE SERVED
ON BOARDS OR COMMISSIONS OVER THE PAST TWO YEARS.
City Attorney Jeff Taraday said as this was a regular meeting, items could be added to the agenda via a vote
of the Council. If the intent is to amend a resolution that has already been adopted, that requires another
resolution. Council President Fraley-Monillas asked why the resolution could not simply be amended. Mr.
Taraday advised the resolution could be amended via another resolution. If the Council's intent is to vote
on a resolution not currently before the Council and have it signed by the Mayor without coming back to
the Council, that intent should be clear in the motion as that is not the normal process.
Councilmember Johnson raised a point of order and suggested putting this on a future agenda due to
procedural issues.
Council President Fraley-Monillas suggested the Council adopt a new resolution, adding that no citizen
currently serving on a board or commission or serving on a board or commission for the last two years for
review at the next Council meeting.
Mayor Earling spoke in favor of the point of order made by Councilmember Johnson.
Mr. Taraday explained as the Council President, Council President Fraley-Monillas could schedule a new
resolution on the next agenda without a vote of the Council. Council President Fraley-Monillas said the
amendment does not change the intent of the resolution establishing the housing commission. Mr. Taraday
Edmonds City Council Draft Minutes
April 23, 2019
Page 12
relayed his understand that Council President Fraley-Monillas was directing him to bring back a resolution
for the next Council meeting making that amendment.
Council President Fraley-Monillas said she did not want to delay the process. She asked if the application
process could proceed assuming that additional language. Development Services Director Hope advised
staff is ready to seek applications. The current language states preference will be given to those who are not
on a City -appointed board or commission; it does not say anything about other organizations that may
already be taking positions on housing issues. She suggested slightly modifying that by indicating the
Council intends to reexamine that issue and may exclude citizens serving on a board or commission or who
have served on a board or commission in the last two years.
Council President Fraley-Monillas asked if it was reasonable to inform applicants that a pending
amendment could affect certain people's qualifications. Mr. Taraday said it would be okay to inform
applicants of that. He suggested ascertaining if there was majority support for that concept by Council. Ms.
Hope advised information on the website would be updated as new information arises.
Councilmember Johnson reiterated her point of order point of order, expressing concern with just having a
head -nod to make a decision this important. She requested it be added to the agenda or to direct the City
Attorney to bring it back in two weeks.
Councilmember Buckshnis agreed with Councilmember Johnson's point of order. She supported
proceeding with the application process with the preference language and Councilmembers could review
applications with that in mind.
Council President Fraley-Monillas asked if a vote of the Council was required. Mr. Taraday answered as
the maker of motion, if it was Council President Fraley-Monillas' desire that staff notify applicants that
they may ultimately be disqualified by a future Council action, a vote tonight on that future Council action
would be helpful. Otherwise there is no point in providing that notice to applicants. If the Council is content
to accept applications and not say anything to the applicants and take action at the next meeting, no vote is
necessary as the Council President can put the item on the next Council agenda. His understanding is the
Council President has the authority to set the agenda prior to a meeting. Once the Council meeting starts,
the agenda is controlled by the Council, not the Council President and adding an agenda item requires a
vote of the Council.
COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCIL PRESIDENT FRALEY-
MONILLAS, TO ADD THIS TO THE AGENDA AS ITEM 8.4.
Councilmember Teitzel said as drafted, the resolution did not ignore or disrespect citizen input, it was
intended to create flexibility. For example, there was a representative from ACE on Ms. Hope's task force;
if the amendment to the resolution is not worded carefully, that person, who has some very good, very
definite, valuable thoughts about the housing process could potentially be precluded from serving on the
new housing commission. He summarized the wording of resolution provided flexibility and the ability for
Councilmembers to use their judgment in allowing citizens to participate.
Councilmember Buckshnis agreed with Councilmember Teitzel that there is a difference between a board
and a commission and a mayor -selected committee.
MOTION CARRIED UNANIMOUSLY.
4. RESOLUTION FORMING CITIZENS' HOUSING COMMISSION
Edmonds City Council Draft Minutes
April 23, 2019
Page 13
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
NELSON, TO CREATE A NEW RESOLUTION AS THE OLD RESOLUTION STATES WITH THE
EXCEPTION OF ADDING ANYBODY CURRENTLY ON A CODIFIED BOARD OR
COMMISSION OR HAS BEEN ON A CODIFIED BOARD OR COMMISSION IN THE LAST TWO
YEARS SHALL NOT BE PERMITTED TO SERVE. MOTION CARRIED (6-1),
COUNCILMEMBER JOHNSON VOTING NO.
Councilmember Johnson commented there are many members of boards and commissions with experience
with housing such as the Planning Board who has dealt with this issue in many ways. For that reason, she
opposed the amendment.
Mr. Taraday summarized the revised resolution will be on the May 7, 2019 Consent Agenda.
9. STUDY ITEMS
1. FUND BALANCE / RESERVE POLICY DISCUSSION
This item was removed from the agenda via action taken under Agenda Item 3.
2. PRELIMINARY DECEMBER 2018 QUARTERLY FINANCIAL REPORT
Finance Director Scott James
2018 financial highlights
o Overall City-wide Financial Performance Results Include:
■ Revenues finished $2.9 million ahead of last year
■ Expenses finished $706,000 lower than last year
■ Debt was reduced by $2.507 million
■ Capital expenses totaled $13.1 million
■ Investment income totaled $917,754, an increase $264,000
o General Fund Financial Performance Results Include:
■ Revenues finished $2 million ahead of last year
■ Sales tax revenues increase by $1 million
■ Development related revenues decreased $426,000
■ Expenditures finished the year at 91 % of Budget
■ Ending Fund Balance increased $707,886
o Comparison of General Fund Changes in Fund Balance
■ General Fund ending fund balance: $10...
o Sales Tax by Source 12 months ended December 31, 2018)
2018 Total
$8,406,296
Retail Automotive
$1,770,393
Manufacturiny,
$102,598
Gasoline
$35,957
Eating & Drinkin
$1,021,386
Health & Personal Care
$235,903
Others
$155,487
Construction Trade
$1,80,883
Clothing & Accessories
$244,814
Amusement & Recreation
$87,647
Misc Retail
$1,168,815
Wholesale Trade
$309,738
Communications
$241,468
Accommodations
$47,962
Edmonds City Council Draft Minutes
April 23, 2019
Page 14
Business Services $690,265
Retail Food Stores $297,098
Automotive Repair $191,884
Change in Sales Tax Revenue December 31, 2018 compared to December 2017
2018 Total
$1,011,182
Retail Automotive
($51,189)
Manufacturing
$8,400
Gasoline
$70
Eating & Drinking
$78,474
Health & Personal Care
$7,604
Others
$107,528
Construction Trade
$503,310
Clothing & Accessories
$16,200
Amusement & Recreation
$1,974
Misc Retail
$213,661
Wholesale Trade
($9,360
Communications
414,763
Accommodations
$531
Business Services
$80,985
Retail Food Stores
$25,876
Automotive Repair
$12,356
• Comparison of top five sales tax categories (2013-2018)
Source
2013
2014
2015
2016
2017
2018
Construction Trade
$724,302
$835,645
$1,348,832
1,060,245
$1,397,738
$1,804,883
Retail Automotive
$1,256,641
$1,522,374
1,630,09
$1,769,983
$1,819,035
$1,770,393
Misc Retail
$677,361
$741,537
$813,560
$858,108
$955,035
$1,168,815
Eating and Drinking
Similar to Misc. Retail
1 $1,021,386
Business Services
$425,615
1 $430,383 1
$458,071 1
$499,728
1 $609,233
$690,265
• Investment Annual Interest Income
o Investment Committee comprised of Mayor Earling, Assistant Finance Director Dave Turley
and Finance Director Scott James
o Investment income expected to increase in 2019
2014 12015
12016
12017
12018
$163,214 $335,926
1 $423,816
1 $653,690
1 $917,754
• Real Estate Excise Tax Comparison
2014
12015
12016
12017
12018
$1,879,861
1 $2,699,178
1 $2,589,551
1 $2,983,643
1 $3,583,153
• Recovery on Track to Break Record (Source: NEBR)
o Average Recessions Lasted Approximately 14 Months
o Average Recovery Lasted Approximately 75 Months
o We are now in our 119th Month of Recovery
0 39 Days and Counting to Break 120" Month Record
• City Fleet Environmental Improvements
o Between October 2012 and January 2013, fifteen police vehicles and one street vehicle
converted to propane
o Now have a total of 36 propane and 10 hybrid vehicles out of a fleet of 118
Auto as Savings Report (through November 30, 2018)
Fuel Savings Last 3 Months
$13,193
Fuel Savings Last 12 Months
$48,503
Edmonds City Council Draft Minutes
April 23, 2019
Page 15
Total Savings to Date 1 $255,681
Summary Cost Savings Analysis
CO2 Emission Reduction Overall (inpounds)
Gasoline Average Price Last 3 Months
$4.39
Auto as Average Price Last 3 Months
$1.71
Average Savings Per Gallon Last 3 Months
$1.49
Auto as Gallons Used Last 3 Months
9,849
Fuel Savings Last 3 Months
$13,193 44%
Total Fuel Savings to Date
$255,681 51%
Environmental Savin s Analysis to date
CO2 Emission Reduction Overall (inpounds)
453,812
Gasoline Gallons Displaced Overall
151,885
• Graph of Outstanding Governmental Debt (2019-2030)
o Current outstanding debt: $5.5M
o Will be retired in 2030
• Graph of Outstanding Utility Debt (2019-2039)
o Current outstanding debt: $42M
o Will be retired in 2039
Councilmember Buckshnis commended staff on the investment income. She liked the new slides regarding
the five top revenues. She commented on the great recession in the late 2000s in which Lehman Brothers
closed, Goldman's became a bank, Chase absorbed Washington Mutual, etc., a total mess. With regard to
being in the 119"' month of recovery, she anticipated months of recovery because the president continues
to deregulate and past recessions have just been normal blips. Mr. James commented in December 2018 for
the first time there was an inversion in the yield curve for treasuries, where short term rates paid higher than
10 year treasury bonds. That has been a signal in the past of a precursor to a recession, but it could be
anywhere from 9 to 19 months later. He agreed the economy was still strong and the City is showing good
financial results this year. Councilmember Buckshnis anticipated there would be some market adjustments
but she believed the economy would still be good for a couple years.
Councilmember Teitzel agreed it was a rosy picture, but that makes him uneasy because it will not stay
rosy. There also can be disagreements about how long it will take for the cycle to go south; everyone knows
it will as the economy runs in cycles. He wanted to be prepared to avoid headcount reductions, lack of street
maintenance, etc. He referred to the sales tax by source pie chart, noting approximately 1/3 of the City's
sales tax comes from retail auto sales and eating and drinking establishments, sources he considered volatile
during a down economy as people stop buying cars and/or going out to eat. During the next economic
downturn, 1/3 of the City's revenue could be at risk. He recommended being conservative and planning for
that, acknowledging it was difficult to say exactly when it would happen but it was coming.
Councilmember Johnson commented the presentation highlights some of the great things in the City. She
thanked the fleet manager for all the conversions and fuel efficiencies and the investment committee for
their investments which have paid off. With regard to debt, she expressed interest in learning more about
utility debt and plans to reduce it over time and be self-funded, what the $5M was being spent on and how
it could be spent in the future such as undergrounding utilities. She acknowledged the City still has roads,
sewers, etc. to build and suggested this be discussed with the Finance Committee.
Councilmember Tibbott especially liked the year to year charts showing changes and top five categories of
sales tax. He suggested that information be provided to the EDC.
Edmonds City Council Draft Minutes
April 23, 2019
Page 16
3. DISCUSSION OF NON -REPRESENTED STAFF SALARY INCREASES
Council President Fraley-Monillas explained their research found Non -Represented staff are paid within
the median of salary; some comparator cities pay above and some pay below. With the assistance of Council
Legislative/Admin. Assistant Maureen Judge, Council President Fraley-Monillas reviewed:
• Background
o At the December 11, 2018 Committee Meeting of Personnel and Public Safety, the HR
department introduced a Non -Represented Compensation Study with the Mayor's
recommendation to increase Edmonds Director's salary band and increases for two Assistant
Police Chiefs and three employees with pay disparities, and give the Police Chief a $4500 one-
time contribution to deferred compensation. In addition, provide a one-time, $500 per non -
represented employee contribution to a health retirement account (HRA-VEBA).
Optics
o Mayor Earling's recommendation to increase Edmonds Director's, Police Chief and Assistant
Police Chief's salary band—for the highest paid earners in the city— negatively effects morale
of all of the city employees, in particular those at the top step of their salary band. This issue is
not being addressed for the rest of the city employees
o Fairness
■ 50 Rank and File Represented Employees:
- Have not had a cost of living adjustment (COLA) since 2017;
- They are paying more for health insurance in 2019 and are not beneficiaries of the
VEBA one-time payment;
- Many believe they are not being heard by this administration.
o Parity
■ COLA Increases to director -level positions result in significant raises:
- When you are an Administrative Assistant making approximately $50k per year, a 3%
COLA amounts to $1,500 per year.
- When you area Director and you make $159,700, a 3% COLA equals $4,791 per year.
o Total s
The Mayor's total requested increase of approximately 8% for Directors and Assistant
Police Chiefs equals a low of approximately:
- $12,080 each per year to a high of $13,036 each per year
- Totaling approximately: $115,851 for (9) employees
• The Council's comparator cities for Edmonds are
o Within <10k> of Edmonds population of 41,820
o Within the greater four -county Metro area
o Reminder: salaries should reflect the median, not the high or low end of each range
• Positions for salary benchmark comparators
o Public Works Director
o Finance Director
o Human Resources Director
o Parks & Recreation Director
o Development Services Director
o Community Services/Economic Development Director
o Assistant Police Chiefs
Tables for each position comparing salaries in other cities/counties, Mayor's proposal, cost and
notes
Council President Fraley-Monillas apologized to the Director she used last week as an example in her
presentation; it was not meant to be directed specifically toward one Director. She continued her
presentation:
Edmonds City Council Draft Minutes
April 23, 2019
Page 17
Finally:
Results of the study:
o Net result of the salary research: current city salaries for the six Director positions, Police Chief,
and two Assistant Police Chiefs are well within comparator -city range.
■ They currently reflect the MEDIAN
o Mayor proposed increases are not aimed at employee retention
The Mayor's proposed increases are excessive at a time when Edmonds citizens are reportedly
being taxed out of their homes or are on the edge of losing their homes due to increased taxes in all
sources.
• The median income for Edmonds households: $82,697 (Source: American Community Survey,
2017)
• Definitions:
o According to Patrick Doherty who was asked what the average income for an Edmonds citizen:
"That would come from the American Community Survey (subset of the US Census). BUT
they don't show the "average" (btw, they use the word "mean") individual income. They do
have the mean household income, estimated in 2017 for 2016 earnings, which is $112,186, or
mean family income which is $137,537. The only thing close to what you're specifically
asking for (what "people" make), I guess, would be the "median earnings for workers" BUT
that's not a good figure to use for any comparison of other figures that is based on "averages"
or "means" because "medians" are MUCH lower. For example, the median household income
is $82,697, while the mean is $112,186. The mean is the typical mathematical average — each
individual income number totaled up and divided by the total number of incomes. The median
is just the midpoint numerically in the range from the highest income to the lowest income. It
doesn't represent what the average person makes."
• For context - State and County agency executive salaries for 2018-2019 are included to highlight
positions with greater responsibility and scope of influence, as example:
o Governor Jay Inslee: $177,107
k Employees: 64,039
o WA State Treasurer: $144,679
o WA State Commissioner of Public Lands: $138,225
o Snohomish County Executive Dave Somers: $183,939
o Employees: Over 2,500
o Snohomish County Treasurer: $136,356
o Snohomish County Sheriff Ty Trenary: $168,021
■ Council action on April 2°d:
o Increased salaries for the three employees with pay disparities outlined in the Non -Represented
Compensation Study.
o The Directors, Assistant Police Chiefs, among the 44 non -represented employees receiving a
one-time $500 contribution to HRA-VEBA accounts and a 3% COLA.
• Recommendation
o No salary increases for Directors, Police Chief, or Assistant Police Chiefs at this time based on
research on public employees.
o Re-evaluate Directors, Police Chief, and Assistant Police Chiefs salaries and benefits in the
next three-year review cycle for potential increases in 2022.
Council President Fraley-Monillas said one issue that is not addressed that she would be willing to address
if necessary would be the benefit packages which vary by city and count toward additional compensation
such as extra time off, city -owned vehicles, clothing allowance, etc. which they did not have an opportunity
to research. Two more comparator cities were added to their analysis.
Edmonds City Council Draft Minutes
April 23, 2019
Page 18
Councilmember Teitzel asked why the comparator cities were not the same as those used by HR Director
Mary Ann Hardie in her analysis, in some cases they are different and the salary ranges differ. Council
President Fraley-Monillas said they did not use every comparator city due to the time that would require.
Councilmember Teitzel observed Ms. Hardie used eight comparator cities; Council President Fraley-
Monillas used a different number. Council President Fraley-Monillas said they added the 3% COLA to the
total compensation which may not have been added to Ms. Hardie's analysis. She did not receive Ms.
Hardie's report until about 11 am today. The general rule of thumb is they believe the Directors are paid
within the median.
Councilmember Buckshnis apologized to the Public Works Director for being singled out during last
week's presentation. She and Council President Fraley-Monillas have worked in the public sector and knew
raises were not given, let alone 5% raises. Rather than a 5% increase, she suggested hiring a consultant to
review the bands. Council President Fraley-Monillas said there needs to be a policy regarding what happens
when employees reach the top step because there are a large number of City employees at the top step of
their scale as well. When she worked in government, employees got promoted or changed jobs when they
reached the top band. Councilmember Buckshnis reiterated it may be necessary to have an outside
consultant conduct an independent review. Councilmember Johnson recalled that was last done in 2012.
Councilmember Buckshnis recalled in 2012 Councilmember Johnson and then-Councilmember Bloom
reviewed all the job descriptions. Council President Fraley-Monillas said it is common in government to
work in a salary range/band and generally the only increase at the top of the band is a COLA which the
Directors and Police have all received.
For Councilmember Mesaros, Council President Fraley-Monillas assured in her years of public service and
working for government, the bands were never changed. Councilmember Mesaros asked for clarification;
if someone was working in an administrative role 3 8 years ago and their salary range was $10,000 - $25,000,
the salary range was the same 38 years later. Council President Fraley-Monillas said the only time there
was an increase in the band was when a particular job category was reviewed; she recalled that was done
once every ten years.
Councilmember Mesaros said he would like to see some facts around that because that statistic of 38 years
with no change in the band seemed unrealistic. Council President Fraley-Monillas corrected him that it was
33 years and she did not say there was no change, just no changes that she remembered. She recalled there
were changes made to job classes but not jobs as a whole, those were addressed via COLAs.
Councilmember Mesaros said the current policy states the bands will be considered and adjustments made
based on comparator cities. Human Resources is charged with that task and presenting information to the
Council which the Council had an opportunity to review last week. The Council should be following that
policy. Council President Fraley-Monillas said it is up to Council's purview. Councilmember Mesaros
observed although Council President Fraley-Monillas was recommending the Assistant Police Chiefs
(ACOP) not receive an increase, there is one Officer and three Sergeants who make more than the ACOPs
in straight salary. Given there are opportunities they have to serve in different cities in the area, that is a
disparity in salaries for the senior employees in leadership. Council President Fraley-Monillas said that is
a factor for all employees.
Councilmember Mesaros summarized those providing significant leadership should not be penalized.
Council President Fraley-Monillas relayed their research found the ACOPs were paid within the median
and most departments only had one ACOP, not two. Councilmember Mesaros asked which cities comprised
"most." Council President Fraley-Monillas referred to the listed comparator cities, Lake Stevens, Lacey,
Burien, Puyallup, Lynnwood, and Bothell, and said only Bothell and Edmonds have two ACOPs. She noted
there were a number of no matches in the comparator cities.
Edmonds City Council Draft Minutes
April 23, 2019
Page 19
Council President Fraley-Monillas said their response today was primarily regarding parity and fairness
versus specifically whether they should be paid one range up or down. Citizens are concerns about their
own salaries and the fact that an average citizen's salary is $87,000/year.
Councilmember Johnson raised a point of order, stating according to Roberts Rules of Order, it was not
appropriate to have a one-on-one discussion between Councilmembers. Mayor Earling ruled
Councilmember Mesaros could proceed. Councilmember Johnson requested Mr. Taraday research and
Mayor Earling proceed to the next Councilmember. Mayor Earling reiterated Councilmember Mesaros
would be allowed to continue.
Councilmember Mesaros said what is missing is an overall view of salaries and suggested a fuller salary
study needed to be done in the future. The current policy states a review of the bands using comparator
cities and information presented by the Human Resources Department. The Council needs to follow the
policy by looking at the data from the Human Resources who has provided that data in the past. To have a
secondary set of data presented along with a lot of editorial comment is not a good way to review
information. He summarized this was moving in the wrong direction.
With regard to several Directors being at the top of their range, Councilmember Teitzel said the current
policy under annual salary adjustment states, "Each employee will maintain the same step within the newly
approved salary range that they held prior to the adjustment." He asked what that statement meant to
Council President Fraley-Monillas relative to Directors that are currently at the top step within that range.
Council President Fraley-Monillas said she did not have an answer. Councilmember Teitzel interpreted that
to mean if a Director was at the top of their range and a new salary range was approved, that Director would
move to the top of the range in the new salary band. Council President Fraley-Monillas agreed.
Councilmember Buckshnis observed the Council previously did not have a Legislative Assistant. Having
one now allows the Council to do due diligence to check financial information which is appropriate because
the Council controls budget. Council President Fraley-Monillas agreed which is the reason she began this
process. Councilmember Buckshnis said she was not happy there was a placeholder in the budget without
a full Council vetting.
Human Resources Director Mary Ann Hardie explained her presentation was follow-up to help clarify the
Mayor's recommendation for the Directors, Chief of Police and Assistant Chief positions from the 2018
Non -Represented Compensation Study.
• 5.5 NR Employees (Compensation Policy)
o City Policy approved by Council in 2012. Created to help ensure equity and to maintain
competitive salaries and benefits in order to attract and retain high quality staff and an effective
work force and to maintain salaries that are internally equitable, in proper relationship to all
other jobs within the City, within reasonable budget parameters.
o Study of 45 employee positions (almost all exempt and salaried employees) Includes
paraprofessional, professional and managerial and director positions.
o Study analysis completed by HR staff every three (3) years as required by Council approved
policy.
o Based on the study results and policy language, the Mayor brings forward salary/benefit
recommendations from the study to Council for approval.
o The 2018 study was first presented to Public Safety, Personnel and Planning (PSPP) Committee
on 12/11/18.
• By policy, the comparable cities must be located in Snohomish, King, Pierce, [and] or Thurston
counties; with a population that is no more than 10,000 over or no more than 10,000 under the
population of the City of Edmonds.
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a
o The application of the above criteria is then utilized to select a minimum of eight (8) agencies
that are closest in population to the City of Edmonds.
0 2018 comparable cities (by population):
Burien (51,850) Lake Stevens (32,750) Puyallup (41,100)
Bothell (45,260) Lynnwood (38,260) University Place (32,820)
Issaquah (37,110) Lacey (50,170)
o By policy, the compensation philosophy is to pay at the median of the market comparators.
o Benefits have been compared separately (as has been the study presentation practice), however,
the benefits comprise an important part of total compensation.
Study Analysis Methodology "Matching"
o Each position is compared to other positions at the comparators cities to see if there is a
"MATCH."
o If a position is a "MATCH," then the position's duties, at Edmonds are at least an 80% match
(by policy) for the scope of duties at the comparator city.
o If not, they are considered a "NO MATCH." This may mean that a position of similar title or
identical title at a comparator city may not be a match for the survey position in Edmonds.
■ For example, with the Public Works Director position, the City of Burien's Public Works
Director position is not responsible for utilities, WWTP, fleet or facilities. For this reason,
the survey reflects "NO MATCH."
o Also, some positions have been "levelled" with up to an additional % added to the pay range
(such as an extra 5% for the PW Director for oversight of the WWTP, which other cities do not
have).
Study Analysis Methodology — Midpoints
o The Council approved policy language states:
■ Every three years, based upon the survey data, the Mayor will recommend salary range
market adjustments for non -represented positions to City Council. The Mayor will consider
the following criteria in developing the recommendation:
— Maintain the mid -point of each salary range between 5% high/low of the mid -point of
the comparator city
— median.
— Positions requiring adjustment will be assigned to the new salary range within the
salary range table that places the position closest to the comparator city median.
o All of the Director and Assistant Chief of Police positions (with the exception of the Police
Chief position), based on the study, are out of alignment with the median of the midpoint by
policy and are recommended for adjustment to the next pay band. They are also out of
alignment with the top end of their salary range(s) for both 2018 and 2019, which can affect
pay competitiveness and recruitment.
Study Analysis — Midpoint
o Median, Current Edmonds Range, Proposed Base Range for min, mid and max, and Edmonds
current actual pay range for Assistant Police Chief, and all Director positions
o Minus 5% from the midpoint of the median of the comparator cities, by policy it must be within
5% of the range and if not, by policy, the salary moves to the next pay range
o Chart of Directors and ACOPs comparing 2019 data with 3% COLA with other cities
■ Salaries are still not in alignment with median midpoint
Study Data Results
o Independent study information was presented at the 4/16/19 Council meeting that was not the
basis of the Mayor's recommendations.
o The 4/16/19 study information presented at Council has been reviewed with the Mayor's
recommendations (from the City policy based study completed by HR) in order to better
understand the Mayor's recommendations.
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o In review, the Mayor's study data confirms the Mayor's study recommendations for the
Directors (except the Police Chief — that position is not recommended for a salary range
increase) and the Assistant Chiefs) salary increases and the 2.5% deferred compensation
contribution for the Police Chief in order to maintain external equity and competiveness.
o The resulting slides show a review of the information that was provided at the 4/16/19 Council
meeting with data from the HR completed study.
• Review of 4/16 Study Data Sheets for each Director and ACOP position
o Many cities no longer have ACOP and have a commander structure; these are not comparator
positions to ACOP.
o Burien, who contracts with King County Sheriffs Office, is not a comparator city
• 2018 and 2019 Study Data for the Mayor's Recommendations for each Director and ACOP position
• Directors Leave Benefits — Study Data
o The Director positions do not receive any "additional" compensation or "extra" benefits, which
other comparator cities receive.
o The City's Manager and also the Director positions receive Management Leave annually by
Council approved policy:
■ 8.20 MANAGEMENT LEAVE to be more competitive in the market place, the City will
provide non -represented employees who are ineligible for compensatory time with 24
hours of Management Leave annually. Management Leave will have no cash -out value and
will not be carried over at the end of the calendar year.
o The following data sheet shows a comparison of director position leaves compared to the
comparator cities. This data was provided at the 12/11/18 PSPP Committee meeting as well as
for the 4/2/19 Council meeting.
■ Bothell — Managers and Directors eligible for up to 80 hours of management leave annually
■ Burien — No additional leave
x Edmonds — Managers and Directors receive 24 hours of management leave per year
■ Issaquah — Directors may accrue 150 compensatory hours per year
■ Lacey —No additional leave
■ Lake Stevens — Directors receive 80 hours of additional leave per year
■ Lynnwood — Directors receive up to 80 hours of merit/administrative leave per year
• Puyallup — All employees may receive 16 hours of management leave per year
■ University Place — All employees may receive up to 40 hours of merit leave per year
■ Police Chief— Other Elements of Compensation
o The Police Chief position (as well as the Assistant Police Chief positions(s)), when compared
to the market (policy) study comparators, typically receive other, additional forms of total
compensation (in addition to base salary) such as: deferred compensation, educational and/or
longevity incentives, etc.
o The Mayor is recommending a 2.5% base wage, employer contribution into deferred
compensation for the Police Chief position.
o Examples of the different forms of compensation that are provided by comparator cities.
• Summary
o The Mayor's recommendations are in alignment with the current, Council approved policy
language and process for the study.
o The Mayor is recommending adjustment to the salary wage ranges for the director positions
(except the Police Chief) and the Assistant Police Chief positions(s) by one pay grade as
reflective of the HR study results. This would add only one additional pay step (from the current
pay grade) to the pay scale for these positions for a maximum total of a 5% increase.
o By existing, Council approved, policy language, it will be three (3) years before another study
of all of the Non -Represented positions will be performed.
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o The compensation study policy language is City policy approved by Council. It is solely within
the purview of Council to approve changes to the compensation policy (including the labor
market and comparator cities) should Council desire to do so.
Council President Fraley-Monillas advised every city used in the data she and Ms. Judge compiled was a
comparator city.
Councilmember Mesaros commented two sets of information were presented tonight; supposedly they are
both using comparator cities and he questioned how that was possible and why was there two sets of data.
He agreed more with Human Resources' information because it seemed more comprehensive. Ms. Hardie
said she could not speak to that without understanding the methodology used to compile the data Council
President Fraley-Monillas presented and how the information was derived. She could only speak to the data
she has researched.
Councilmember Mesaros referred to Council President Fraley-Monillas' "optics" regarding fairness and
using county and state elected officials as comparators. He asked if the City has ever used elected officials
to compare Directors' salaries. Ms. Hardie answered not that she was aware of. Councilmember Mesaros
commented there were a number of Directors at the county level that make more than the County Executive.
Ms. Hardie agreed. Councilmember Mesaros said he has gotten to know the Snohomish County Sheriff
quite well through his work with Snohomish County 911 and he knew all the Assistant Sheriffs make more
than the Sheriff does. It is somewhat common for elected officials to be paid at a much lower level and he
anticipated there were thousands of state employees who make more than the Governor.
Councilmember Mesaros commented talking about salaries is always a tenuous thing, some make more
than others and there is the idea of fairness and responsibility. During his career he was fortunate to work
for organizations who did not want to pay their employees the average; they wanted to aspire to be above
the average, not necessary at the top of the marketplace, but to ensure they paid their leaders at a level that
attracted people to the job and retained them. The loss of personnel is a loss of institutional knowledge;
losing institutional knowledge takes a long time to replace. He was appreciative of the work Ms. Hardie put
into her analysis, it seems to be complete information, uses the comparator cities and follows the policy
that the Council adopted many years ago. It does not seem to be practical to deviate from the policy at this
point in time.
Councilmember Teitzel referred to the Finance Director position, noting Bothell was not included in
Council President Fraley-Monillas' analysis but it was included in Ms. Hardie's analysis. Bothell tends to
be a highly paid city by comparison so omitting that would skew the medians. He did not necessarily like
or dislike the policy but that is the policy that has been adopted and it was incumbent on the Council to look
to the policy for guidance in establishing salaries. The work Ms. Hardie has done follows the policy. In
looking at the high band in the current range versus the proposed range, it is within 5% of the median which
complies with policy.
With regard to Directors that are at the top of the range currently, Councilmember Teitzel referred to Item
4 on the last page of policy which states, "Any employee whose actual salary exceeds the top of the
approved salary range will have their salary frozen until such time that market rates or pay range adjustment
for their job classification" He asked what actual salary meant. Ms. Hardie said when the study was
performed, if a position's actual salary was outside of the salary range it was supposed to be in, it would
mean, study or not, their salary would be frozen until such time as there was a market rate or pay range
adjustment which means no COLAs.
Councilmember Teitzel observed the Council could potentially approve a new salary band and if a Director
was at the top of that band, by policy they would not receive the next year's COLA. Ms. Hardie explained
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April 23, 2019
Page 23
as part of the budget process the Council approves the COLA which is added to the range. There should
not be a situation where a position would exceed the pay range; that would only occur with a market study.
The COLA increases the bands each year. The Mayor's recommendation is a market rate adjustment to the
next band.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
EXTEND THE MEETING UNTIL 10:20 P.M. MOTION CARRIED UNANIMOUSLY.
Council President Fraley-Monillas acknowledged their analysis did not include every city due to time
constraints, but they included a majority of the cities. She asked for confirmation that every Director
received a 3% COLA in January and all other staff received a 3% COLA with the exception of ASMI. Ms.
Hardie said Police and Law Support received 2.5% based on their contract, the Teamsters and Non -
Represented received 3%. Council President Fraley-Monillas referred to the Mayor's Recommendation
2018 Director and ACOP Salary Adjustments, advising her analysis matches that exactly. For example, the
Finance Director's current salary with a 3% COLA is approximately $160,000/year which increases the
band. The Mayor's proposal is to increase the salary to $162,000. She summarized all the information in
their analysis was included in the Mayor's Recommendation 2018 Director and ACOP Salary Adjustments
provided by Ms. Hardie.
Councilmember Tibbott asked if any wage adjustments were made before the COLAs for any other
categories of employees. Ms. Hardie said there are reclassifications as part of the collective bargaining
process. Market rate adjustments are not uncommon in that process because HR looks at the total costs of
compensation and compares to similar cities. She could not recall which specific positions had been
adjusted; the former SEI group included several market rate adjustments. A market rate study is not
typically done during each negotiation.
Councilmember Tibbott said he was interested in wage adjustment that had been made in other jobs. He
asked if Ms. Hardie could recall a time when wage adjustments of this scale had been made in previous
years, a wage adjustment of approximately 5%. Ms. Hardie said the difficulty is it is somewhat of an apples
to oranges comparison because collective bargaining agreements include the total cost of compensation
which includes longevity, educational incentive, deferred compensation, etc. that have been increased. The
overall package would need to be compared and she could not speak to the cost of the overall package
comparatively speaking because it is very different. They receive a COLA as well as other incentives. In
recent collective bargaining processes, there have been increases in other forms of compensation.
Councilmember Tibbott asked if those wage adjustments were prior to the COLA or rolled into the COLA.
Ms. Hardie answered it is part of the overall package and it depends on what is being negotiated.
Councilmember Tibbott said he would like to have an opportunity to study the tables in context with
Council President Fraley-Monillas and Ms. Hardie's analyses to determine appropriate adjustments.
Councilmember Buckshnis said she did not find any language in the policy about match or no match and
asked HR to provide the Council the latest policy. The policy does state that the HR Department will
conduct compensation surveys for each non -represented benchmark position no later than September 1St,
which she said was not achieved. Ms. Hardie said the information provided last week by Councilmember
Mesaros included the 5.5 Non -Represented Employees Compensation Policy; the last paragraph on the
second page under Market Analysis addresses benchmarked positions and states classifications that are
selected as comparable for survey purposes must match the benchmark positions by 80% in level of work
and responsibility. The use of the phrase "match/no match" is common public sector practice for
compensation studies.
With regard to the timing of the survey, Ms. Hardie agreed the policy states September; due to timing issues,
the earliest the surveys could be presented was November but it was moved from the November calendar.
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April 23, 2019
Page 24
It was never intended to be a non -transparent process; she was not aware Councilmember Buckshnis wanted
the study results to go through the Finance Committee and Council process. She emphasized it was simply
a timing issue, not a lack of complete data.
Councilmember Teitzel expressed confusion with matching up the numbers. He referred to the Mayor's
Recommendation 2018 Director and ACOP Salary Adjustments in Ms. Hardie's presentation which does
not include the 3% COLA which indicates the current salary/wage range for the Finance Director is
$115,803 to $155,187 versus Council President Fraley-Monillas' numbers that state it includes the
3 %COLA.
Councilmember Johnson left the meeting at 10:19 p.m.
COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
EXTEND THE MEETING FOR 10 MINUTES. MOTION CARRIED UNANIMOUSLY.
(Councilmember Johnson was not present for the vote.)
Council President Fraley-Monillas clarified the current salary in her analysis for the Finance Director of
$159,843 included the COLA and the Mayor's proposal included the 5%. Councilmember Teitzel noted the
2019 Salary/Wage Ranges Recommended New Range in Ms. Hardie's presentation includes the 3% COLA
plus the 5%. Ms. Hardie agreed when the information was originally provided it only included 2018
Salary/Wage Ranges because the 3% COLA had not yet been approved. The 2019 Salary/Wage Ranges do
include the 3% COLA. Councilmember Teitzel referred to the 2019 Salary/Wage Ranges -3% COLA which
reflects a minimum in the salary range for the Finance Director of $119,277 and Council President Fraley-
Monillas' analysis reflects $115,803. The 3% COLA is not included in the Mayor's proposal figure in the
information provided by Council President Fraley-Monillas.
In response to an earlier comment by Councilmember Tibbott, Council President'Fraley-Monillas asked
how many employees are at the top of the band for their position. Ms. Hardie estimated approximately half
as the City had good tenure. Council President Fraley-Monillas asked how the band is increased for those
employees. Ms. Hardie said for employees at the top of their band, the only adjustment they receive is a
COLA. Council President Fraley-Monillas observed the bands also increased based on the COLA similar
to the increase in Directors' band due to the COLA.
Councilmember Buckshnis reiterated her suggestion to have an independent consultant do a salary
comparison. She asked what that cost in 2012. Ms. Hardie recalled the contract was $50,000 including job
descriptions, but due to HR's involvement, it was closer to $30,000. Councilmember Buckshnis asked Ms.
Hardie's opinion about having an independent comparison done. Ms. Hardie explained the policy is under
Council's purview; the salary comparison was done according to the policy. If the Council wants to hire an
independent consultant, she will do whatever is necessary to assist that process. Councilmember Buckshnis
said the policy states the analysis is to be done by September 1. Ms. Hardie said there were timing issues
due to negotiations.
Mayor Earling said Ms. Hardie had done a fabulous job assembling clear, concise information that follows
the policy adopted in 2012 and was discussed again in 2015. The work had been done according to policy
and it was troubling to have it disputed at this point. If another study was needed, he would support that,
but recognized it would take a while and meanwhile 2018-2019 needed to be addressed. He appreciated the
work Council President Fraley-Monillas and Ms. Judge had done but it is now April 23.
Council President Fraley-Monillas said policy or not, it is within the purview of the Council to determine.
She understood there was a policy, but 2012 was 7 years ago and things have changed since then. Mayor
Earling agreed but the Council is now five months from when a decision process could have begun and
have been made. Council President Fraley-Monillas said since then the Directors have received the same
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April 23, 2019
Page 25
raise the rest of staff received, a COLA and VEBA contribution. Mayor Earling said staff has tried to make
contact throughout this four month period to define the issues. If the Council wanted do another policy
review, he was fine with that, but it did not address the current issue.
Council President Fraley-Monillas said she understood Mayor Earling's concerns, but she had a less than a
part-time staff to do this work and it had been a long process to pull this information together. It may have
been clearer if they had had more time to clean it up.
Councilmember Mesaros asked how often the salary ranges for other employees are looked at and
adjustments made. Ms. Hardie said the last full study was in 2014. Councilmember Mesaros asked if there
was a policy related to that. Ms. Hardie said there was not.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL,
THAT THE COUNCIL APPROVE THE RECOMMENDATION THAT'S PRESENTED BY THE
MAYOR TO INCLUDE THE 2.5% FOR DEFERRED COMPENSATION FOR THE CHIEF OF
POLICE. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS NELSON,
MESAROS, TEITZEL AND TIBBOTT VOTING YES; AND COUNCIL PRESIDENT FRALEY-
MONILLAS AND COUNCILMEMBER BUCKSHNIS VOTING NO. (Councilmember Johnson was
not present for the vote.)
Council President Fraley-Monillas expressed a desire to continue this discussion when the seventh
Councilmember was present, noting Councilmember Johnson had to leave medically.
COUNCILMEMBER MESAROS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO
EXTEND THE MEETING FOR SEVEN MINUTES. MOTION CARRIED UNANIMOUSLY.
(Councilmember Johnson was not present for the vote.)
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO TABLE FURTHER DISCUSSION UNTIL COUNCILMEMBER JOHNSON WAS
ABLE TO PROVIDE HER INPUT AS SHE WAS UNAWARE COUNCILMEMBER JOHNSON
HAD LEFT.
Councilmember Mesaros asked what was being tabled. Council President Fraley-Monillas answered further
discussion regarding the salary increase. Councilmember Mesaros noted it had been approved via the
previous motion; he restated his motion, to approve the recommendation that's presented by the Mayor
including the Police Chief of 2.5% for deferred compensation. Several Councilmembers indicated they only
heard the portion regarding the Police Chief s deferred compensation. Mr. Taraday said if there was
confusion over the motion, a Councilmember voting in favor of the motion could move for reconsideration
based upon the confusion.
Councilmember Mesaros restated his motion: to approve the information presented by the Mayor, including
the 2.5% deferred compensation for the Police Chief.
COUNCILMEMBER NELSON MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO
RECONSIDER THE MOTION.
COUNCIL PRESIDENT FRALEY-MONILLAS WITHDREW HER MOTION (TO TABLE) WITH
THE AGREEMENT OF THE SECOND.
MOTION CARRIED (5-1), COUNCILMEMBER MESAROS VOTING NO. (Councilmember
Johnson was not present for the vote.)
COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER
BUCKSHNIS, TO TABLE THE DISCUSSION ON ITEM 9.3 PENDING THE RETURN OF
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April 23, 2019
Page 26
COUNCILMEMBER JOHNSON IN TWO WEEKS. UPON ROLL CALL, MOTION CARRIED (4-
2), COUNCIL PRESIDENT FRALEY-MONILLAS AND COUNCILMEMBERS NELSON,
COUNCILMEMBER BUCKSHNIS, AND COUNCILMEMBER TIBBOTT VOTING YES; AND
COUNCILMEMBER MESAROS AND COUNCILMEMBER TEITZEL VOTING NO.
(Councilmember Johnson was not present for the vote.)
10. MAYOR'S COMMENTS
Mayor Earling reported on the auction for Clothes for Kids that raised $125,000 and the Easter egg hunt at
the Frances Anderson Center field.
11. COUNCIL COMMENTS
Councilmember Nelson expressed appreciation for the Council's decision tonight to support the interim
ordinance on non -conforming condominiums and other multifamily buildings. The ordinance is a temporary
measure and responsive solution to an immediate problem. Acting quickly to protect citizens from the
City's error is what a responsive government should do.
Council President Fraley-Monillas advised she will schedule discussion on the Non -Represented Staff
Salary Increases early on a future agenda, likely May 7'. She reminded there is no Council meeting next
Tuesday, April 30.
Councilmember Tibbott suggested when the topic of Non -Represented Staff Salary Increases returns to
Council, he would like to see the charts side-by-side and arranged in the same way to facilitate comparison.
He announced today was Mayor Earling's birthday and his 25" wedding anniversary.
Councilmember Buckshnis wished Mayor Earling Happy Birthday. She was ecstatic the legislature passed
the orca-related bills including vessel noise and disturbance, oil transport which reduces the threat of oil
spills, and habitat protection which keeps vessels further from orcas.
12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION
PER RCW 42.30.110(1)(i)
This item was not needed.
13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN
EXECUTIVE SESSION
This item was not needed.
14. ADJOURN
With no further business, the Council meeting was adjourned at 10:40 p.m.
i
DAV! 0. EARLING, MAYOR S PASSEY, CITY C X
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