Councilmembers present: Alan Kiest, Carolyn Armanini, Mary Jane Goss (7:47 p.m.), Nate Herzog, Roger Olstad, Ed Sterner (7:39 p.m.)

Council member excused: Dwight Thompson

Staff present: David R. Hutchinson, Mayor; Michael Ruark, City Attorney; Dennis Peterson, Police Chief; Frank Zenk, Director of Public Services; Sarah Phillips, Government & Community Relations Manager; John Hawley, Finance Director; Susan Stine, City Clerk

Others present: 10 visitors

Mayor Hutchinson called the meeting to order at 7:35 p.m.

Cmbr. Herzog led the council in the pledge of allegiance.

Mayor Hutchinson noted that the public hearing on Ordinance 885/Adopting 2003 Budget had been continued from the November 21, 2002 meeting. He requested that speakers sign in and limit comments to three minutes.

Florence Wright, 19207 40^th Pl. NE, expressed her support for the programs and activities offered at Third Place Commons. She requested that the city continue to provide funding in support of the Commons.

Beth Hale, 17814 29^th Ave. NE, expressed her support for the Arts Council and requested that the city provide more funding for the arts in the community.

Kate Lunceford, 1527 232^nd Pl. SW, Bothell, said that she is a volunteer with Friends of Third Place Commons and urged the council to continue to provide funding in support of the Commons.

Carol Dahl, 14828 39^th Ave. NE, expressed her support for Third Place Commons and the Arts Council. She requested that the Arts Council be supported at the 2002 level.

There being no further comments, the public hearing on Ordinance 885/Adopting 2003 Budget was closed at 7:50 p.m.

Hutchinson reported on a recent meeting of the YMCA Board at which location criteria and possible building locations were discussed.

Cmbr. Armanini moved adoption of the consent calendar as follows:

1. November 21, 2002 Council Meeting Minutes

Armanini moved the following first reading calendar items to the second reading calendar on the agenda:

1. Resolution 755/Authorizing Mayor to Sign Employment Agreement for City Administrator
2. Resolution 756/Establishing Seattle Times as Official Newspaper for Ordinance 889
3. Resolution 757/Establishing Adjustments to Drainage Utility Assessments
4. Resolution 758/Authorizing Mayor to Sign Letter Regarding Expansion of Organics Pilot

Finance Director John Hawley said that the draft agreement was distributed for council review. He noted that the final version of the agreement will be available prior to the next meeting, and adoption is scheduled for December 12, 2002.

In response to questions from council members, Hawley discussed communication with citizens regarding the assumption.

Hutchinson noted that a proposal for a low-income senior discount program is being discussed, and Hawley said that a plan would be presented for council consideration in January 2003.

Hawley introduced Bill Tonkin of Foster Pepper & Shefelman, the city’s bond counsel, and financial consultant Steve Gaidos. He noted that Ordinance 889/Approving Financing Option for Assumption of Portion of Ronald Wastewater District is scheduled for approval, and Tonkin and Gaidos are available to respond to any questions.

In response to questions from Cmbr. Kiest, Gaidos discussed issues related to bond rating and a formula for indebtedness.

Kiest moved to advance Ordinance 889/Approving Financing Option for Assumption of Portion of Ronald Wastewater District to final action calendar and to take final action on Ordinance 889 next on the agenda.

Kiest moved adoption of Ordinance 889/Approving Financing Option for Assumption of Portion of Ronald Wastewater District.

Kiest moved adoption of Resolution 756/Establishing Seattle Times as Official Newspaper for Ordinance 889.

In response to a question from Armanini, Hawley said that language had been added to the ordinance regarding adoption by a majority plus one of the council, which is required for budget amendments.

Armanini moved that Ordinance 891/Ronald Wastewater Assumption 2002 Budget Amendment is replaced with the copy of Ordinance 891 presented with the December 5, 2002 meeting packet. Olstad seconded. The motion carried unanimously.

Hawley noted that Ordinance 891/Ronald Wastewater Assumption 2002 Budget Amendment is on the final action calendar and requires adoption at this meeting.

There being no further discussion or amendments, the council had no objection to the placement of Ordinance 891/Ronald Wastewater Assumption 2002 Budget Amendment on the final action calendar as amended.

Armanini noted that she had questions about paragraphs regarding vacations and sick leave in the proposed employment agreement.

A 10-minute recess was called for at 8:22 p.m.

The meeting was resumed at 8:42 p.m.

Armanini moved to amend the employment agreement attached to Resolution 755/Authorizing Mayor to Sign Employment Agreement for City Administrator as follows:

Page 2, line 8 (Paragraph 4.1) "…annual leave per year commencing on the one-year anniversary date of her employment."

Armanini moved to amend the employment agreement as follows:

Page 2, line 13 (Paragraph 4.2): "…one day per month commencing after five months of employment."

Armanini moved to amend the employment agreement as follows:

Page 2, line 35: "4.7 Administrative Leave: The Employee may take up to 12 days per year administrative leave as approved by the Mayor."

Following discussion, the motion carried unanimously.

Armanini moved to amend the employment agreement as follows:

Page 3, line 9: "…the Mayor shall give Employee ninety thirty days written notice of termination."

Armanini moved to amend the employment agreement as follows:

Page 3, line 36: "…not been able to perform her duties for six (6) three (3) consecutive months."

Goss seconded. Following discussion, the motion carried unanimously.

In response to a comment from Cmbr. Sterner, City Attorney Ruark suggested an amendment for clarification at paragraph 7.4.

Armanini moved to amend the employment agreement as follows:

Page 3, line 22: "In the event of involuntary termination without cause after six months of employment but before one complete year of service, the Employee shall earn and be credited for three (3) months of severance pay following completion of six months of service and prior to one complete year of service."

Herzog moved to amend the employment agreement as follows:

Page 2, line 27: "The City shall pay the professional dues in WCMA, WRPERLA AND ICMA."

Armanini seconded. Following discussion, the motion carried unanimously.

Armanini moved adoption of Resolution 755/Authorizing Mayor to Sign Employment Agreement for City Administrator. Goss seconded.

Following discussion, the maker and seconder withdrew the motion to adopt.

A 10-minute recess was called for at 9:08 p.m.

The meeting was resumed at 9:38 p.m.

At the request of council, Resolution 758/Authorizing Mayor to Sign Letter Regarding Expansion of Organics Pilot was taken out of order.

Government and Community Affairs Manager Sarah Phillips introduced Josh Marx of King County Solid Waste Division, Jeff Brown of Sound Resource Management Group, Inc. and Wes Smith of Rabanco. Phillips discussed the proposed service improvements and the proposed expansion of the organics pilot program to include one complete collection route in the city. She noted that the current pilot covers one-half of the same route. Phillips said that it is not likely that a rate reduction would be associated with food waste recycling; however, the information gained from the pilot may aid in holding costs down at the time of contract renewal.

Armanini noted that it was her understanding when the program was implemented that the pilot was being done for the city, and she expressed her concern regarding the amount of staff time it is requiring.

Brown said that he and other staff members are the first line for responding to customers’ questions, but he refers some callers to Phillips who want to talk to a city representative.

In response to a question from Armanini, Phillips said some of her activities are related to franchise management and preparation for negotiating the next garbage contract.

Goss expressed her concern regarding the imposition of the pilot program on citizens with no reduction in rates or other benefit.

Marx noted that the pilot is a learning period, and the county has provided a significant portion of the funding for the project.

Sterner suggested that a letter be sent to pilot participants to ask if they would be interested in continuing in the expanded pilot.

In response to a question from Olstad regarding what additional information is being sought by continuing and expanding the pilot program, Brown said food waste collection is difficult, and their pilot was studying if organics collection could work in an every other week schedule. (Council approved 12/12/02)

Brown and Smith discussed changes to equipment and collection schedules to improve the pilot program.

Council members agreed with Sterner’s request that a letter be sent to participants to ask if they are willing to continue in the study.

City Attorney Mike Ruark reviewed proposed language changes for the employment agreement.

Armanini moved to amend the employment agreement as follows:

Page 3, line 9: "…the Mayor shall give Employee thirty (30) sixty (60) days written notice of termination."

Page 3, lines 22-24: "In the event of involuntary termination without cause after six months of employment but before one complete year of service, the Employee shall earn and be credited for three (3) months of severance pay."

Olstad moved to amend the employment agreement as follows:

Page 2, lines 8-11: "4.1 Vacations and Holidays: Employee shall accrue 3 weeks of annual leave per year, commencing on the one-year anniversary of her employment. Employee shall be authorized holidays and one personal day as specified in the job announcement. Employee will begin employment with a balance of three (3) weeks of vacation Employee will begin employment with a balance of three (3) weeks vacation for 2003 that cannot be carried forward into 2004. In addition, Employee will accrue three (3) weeks of vacation for the year 2004; provided that, Employee may only take one and one-half weeks of vacation between January 1, 2004 and June 30, 2004. If the Employee's contract is renewed the remaining one and one-half weeks will be carried forward into the period July 1, 2004 through December 31, 2004. If the contract is not renewed Employee shall not be paid for any accrued vacation."

Armanini moved adoption of Resolution 755/Authorizing Mayor to Sign Employment Agreement for City Administrator. Goss seconded. The motion carried unanimously.

Hawley informed the council that the county has indicated that notification was not received regarding the 1999 utility assessment increase. He noted that the proposed resolution would establish an increase to the drainage utility fee.

Following discussion, Armanini moved to direct city staff members to implement the previously approved increase and to contact King County to implement collection of the fee.

Kiest moved to table Resolution 757/Establishing Adjustments to Drainage Utility Assessments. Sterner seconded. The motion carried unanimously.

Ruark recommended additional language to be added to the employment agreement.

Sterner moved for reconsideration of Resolution 755/Authorizing Mayor to Sign Employment Agreement for City Administrator. Armanini seconded. The motion carried unanimously.

Sterner moved to amend the employment agreement as follows:

Page 3, line 7: "…without assigning a reason. Except as otherwise provided for herein, Ttermination shall not affect…." Armanini seconded. The motion carried unanimously.

Armanini moved to adopt Resolution 755/Authorizing Mayor to Sign Employment Agreement for City Administrator as amended. Olstad seconded. The motion carried unanimously.

The council had no objection to the placement of Ordinance 888/Authorizing Natural Gas Utility Tax Increase on the final action calendar.

The council had no objection to the placement of Ordinance 890/Inflow and Infiltration Fund 2002 Budget Amendment on the final action calendar.

Council members noted that further discussion of the proposed amendments to the 2003 budget would be scheduled for the December 12, 2002 meeting.

Discussion followed regarding the schedule for Ordinance 883/Requiring Helmet Use when Operating Bicycles, Skateboards, Roller Skates and Scooters.

Armanini moved adoption of Ordinance 891/Ronald Wastewater Assumption 2002 Budget Amendment. Kiest seconded. The motion carried unanimously.

Kiest moved adoption of Ordinance 888/Authorizing Natural Gas Utility Tax Increase. Herzog seconded. The motion carried unanimously.

Kiest moved adoption of Ordinance 890/Inflow and Infiltration Fund 2002 Budget Amendment. Herzog seconded. The motion carried unanimously.

Herzog moved to excuse Cmbr. Thompson’s absence from the meeting. Goss seconded. The motion carried unanimously.

There being no objection, the meeting was adjourned at 10:25 p.m.

Susan Stine, City Clerk

David R. Hutchinson, Mayor

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