Loading...
04/28/2009 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES April 28, 2009 At 6:45 p.m., Mayor Haakenson announced that the City Council would meet in the Jury Meeting Room located in the Public Safety Complex to interview candidates for the Architectural Design Board and Historic Preservation Commission. He stated that the interview was open to the public and was scheduled to last approximately 15 minutes. Elected officials present at the interview were Mayor Haakenson and Councilmembers Orvis, Wambolt, Olson, Peterson and Bernheim. The candidates interviewed were William Summers and Eric Norenberg. The interview concluded at 6:55 p.m. No action was taken. The regular Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5 t Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Ron Wambolt, Council President Pro Tern Michael Plunkett, Councilmember (arrived 7:15 p.m.) Peggy Pritchard Olson, Councilmember Steve Bernheim, Councilmember Dave Orvis, Councilmember Strom Peterson, Councilmember ELECTED OFFICIALS ABSENT D. J. Wilson, Council President 1. APPROVAL OF AGENDA STAFF PRESENT Gerry Gannon, Assistant Police Chief Stephen Clifton, Community Services /Economic Development Director Rob Chave, Planning Manager Ann Bullis, Building Official Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCIL PRESIDENT PRO TEM WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. (Councilmember Plunkett was not present for the vote.) 2. CONSENT AGENDA ITEMS Council President Pro Tern Wambolt requested Item G be removed from the Consent Agenda. COUNCIL PRESIDENT PRO TEM WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Plunkett was not present for the vote.) The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 21, 2009. Edmonds City Council Approved Minutes April 28, 2009 Page 1 C. APPROVAL OF CLAIM CHECKS #111215 THROUGH #111327 FOR $650,479.28 DATED APRIL 23, 2009. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #47999 THROUGH #48038 FOR THE PAY PERIOD APRIL 1, THROUGH APRIL 15, 2009 FOR $825,852.28. D. APPROVAL OF THE WASHINGTON STATE LIQUOR CONTROL BOARD MARCH 2009 LIST OF BUSINESSES REQUESTING RENEWAL OF THEIR LIQUOR LICENSES. E. COMMUNITY SERVICES AND ECONOMIC DEVELOPMENT QUARTERLY REPORT — APRIL, 2009. F. REPORT ON FINAL CONSTRUCTION COSTS FOR THE ELECTRICAL IMPROVEMENT PROJECT AND COUNCIL ACCEPTANCE OF PROJECT. H. APPLICATION FOR EDWARD BYRNE MEMORIAL JUSTICE ASSISTANCE GRANT (JAG) PROGRAM. L PROCLAMATION IN HONOR OF BUILDING SAFETY WEEK, MAY 3 - 9, 2009. ITEM G. APPROVAL OF PAYMENT IN THE AMOUNT OF $1,111.41 TO LANDAU ASSOCIATES RELATED TO ENVIRONMENTAL ASSESSMENT OF THE OLD MILLTOWN COURTYARD SITE. Council President Pro Tem Wambolt explained he pulled this item as the funding was from the Council Contingency Fund which in his understanding was eliminated via the recent budget cuts made by Mayor Haakenson. Senior Executive Council Assistant Jana Spellman explained only approximately $5,000 of the original $25,000 in the fund had been cut. COUNCIL PRESIDENT PRO TEM WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PETERSON, FOR APPROVAL OF ITEM G. MOTION CARRIED UNANIMOUSLY. (Councilmember Plunkett was not present for the vote.) 3. EDMONDS BUSINESS STORY: GARDEN GEAR. Don Hall with Garden Gear, located at 102 5th Avenue North, stated the business opened April 6, 1996. His wife Lili and he wanted to open a retail store related to garden items for several years and after visiting a garden store in Victoria BC in 1995 combined that store's ideas with their own to form Garden Gear. The original idea was a garden store that specialized in English tools and garden items. As English tools were no longer manufactured in England, they have evolved to the store of today that features garden tools, basic garden items, birding products, chimes and gongs, bird baths, garden statuary, glass art, annual and perennial plants, indoor plants, and garden art as well as metal woven jewelry created by Lili. Lili also plants and maintains many planters in front of downtown Edmonds retail stores and designs and plants numerous deck and patio gardens around the downtown area. Mr. Hall commented Edmonds was a great place to do business and needed economic development to generate additional foot traffic, both local and visitors. He urged residents to shop local, commenting there were many stores in Edmonds dedicated to serving the retail needs of Edmonds. Councilmember Peterson offered his thanks to LIE who planted and maintained the pot in front of his shop. He asked how many Edmonds in Bloom awards Lili and Don had won over the years. Mr. Hall advised Lili won a couple times and their yard has won from the inception of the award until now except for the first year. Edmonds City Council Approved Minutes April 28, 2009 Page 2 Council President Pro Tern Wambolt suggested Garden Gear and other downtown businesses remain open on the 4th of July. Mr. Hall responded they did remain open one year and the only customers were people with small children looking for a restroom. 4. PRESENTATION ON EDMONDS BACKYARD WILDLIFE HABITAT PROJECT. Laura Spehar, Edmonds, provided the Edmonds Backyard Wildlife Habitat (EBWH) Project's slogan, "fostering a community that lives in harmony with nature." She identified several members of the EBWH in the audience wearing the EBWH T -shirt with the logo designed by local artist Sue Coccia and provided a T -shirt to Mayor Haakenson. Ms. Spehar explained the EBWH goals and mission for National /State Community Habitat Certification were based on the City's population. With the City's population of over 40,500, they need 450 points through educational activities, outreach and community projects as well as to certify 150 homes, 5 schools and 5 common places as backyard wildlife habitats. The intent of these requirements was to increase the community's awareness of local wildlife and empower them to preserve, restore and create low maintenance, wildlife friendly habitat at home, school, work, parks and other public places. She explained they have 205 points to date: 135 homes have been certified, 4 schoolyards (Westgate Elementary, Woodway Elementary, Madrona School and Holy Rosary School) and 5 common places (Edmonds Unitarian Universalist Church, Edmonds United Methodist Church, Yost Park, and Willow Creek Hatchery). To achieve these points, they also provide workshops, citywide restoration work projects, and education outreach. She displayed several photographs of EBWH activities. She identified numerous EBWH Partners and described current efforts that include creating a habitat/native plant demonstration garden at the Willow Creek Hatchery, Adopt -A- Stream /Perrinville Creek Project, hosting Snohomish/King County Habitat Stewards training, National Wildlife Federation Regional Leadership Meeting and Association of Zoos & Aquarium's Fogwatch USA training. She noted income from these events provides income for the Parks & Recreation Department and the South County Senior Center. Other activities included partnering with the Puget Sound Birdfest and the City's Watershed Fun Fair & Waterfront Festival; "Going Native" Garden Fair, a fundraiser for Stevens Hospital in partnership with the Washington Native Plant Society on May 7; "Friends of the Marsh" partner; working with the dog park regarding pet waste disposal; and helping Edmonds become a Tree City USA. Ms. Spehar identified several other cities that have Tree City USA certification including Lake Forest Park, Lynnwood, Shoreline, Port Townsend, Everett, Bothell, Seattle, Redmond and Bellevue. She described benefits of becoming a Tree City USA including public image, citizen pride and financial assistance. She listed standards established by the Arbor Day Foundation and the National Association of State Foresters for becoming a Tree City USA 1. A Tree Board or Department. 2. A Tree Care Ordinance. 3. An Arbor Day observation or proclamation. 4. A Community Forestry Program. Ms. Spehar provided their website address: www. edmondsbackyardwildlifehabitat .org and email address edmondsbwh jr mail.com. Council President Pro Tern Wambolt commended the EBWH for the work they do, commenting he had seen the piles of blackberry vines they have removed from the Hatchery. Edmonds City Council Approved Minutes April 28, 2009 Page 3 5. SUSTAINABILITY PROGRAMS AND STRATEGIES AT EDMONDS COMMUNITY COLLEGE. Alison Pugh, Sustainability Researcher, Edmonds Community College (ECC), described efforts in support of sustainability at ECC such as incorporating sustainability into the philosophical statement of the college, beginning the Sustainability Initiative in 2006, and President Jack Oharah signing the American College and University Presidents Climate Commitment in April 2008 which provides a framework for becoming a more sustainable institution. There are 627 signatories to date. Ms. Pugh described the sustainability structure at ECC since their change in philosophy. • September 2006 a group of faculty, staff and students formed the Sustainability Council to guide the efforts of the initiative. • Center for Service Learning was created in June 2007. • Arts Culture and Civic Engagement supports the initiative with funding. • Equity and Diversity Center promotes diversity awareness and social justice issues, an important aspect of a sustainable society. • Students formed the Save the Earth Club. • Hired a Sustainability Researcher in November 2008. Amy Johnson, Service Learning Coordinator, ECC, explained the Center for Service Learning engages students, faculty and staff in partnerships with community organizations to help make lives more sustainable. She provided several statistics with regard to the Center for Service Learning. Ms. Pugh explained the mission of the Sustainability Council, who guides the Sustainability Initiative at ECC, was to strive to infuse sustainable practice throughout all aspects of the college's operation and facilitate preparation of students and community for sustainable careers, citizenship and quality of life. She enumerated activities they had worked on over the past year including developing a Climate Action Plan, bringing the "Awakening the Dream" symposium to the Building Community Day on May 8, numerous events on Earth Sustainability Month, and receipt of a Curriculum for the Bioregion Seed Grant. She advised the Sustainability Council meets twice a month; their first workshop, regarding food systems, will be held June 3 at ECC. Ms. Pugh explained the primary goal of the Sustainability Council was to develop and maintain a comprehensive plan to achieve climate neutrality. ECC has contracted for an audit that will determine the College's carbon footprint as well as a comprehensive sustainability assessment that will provide measurable data regarding resource use on the campus. From that information, they will create a Climate Action Plan. Once ECC's carbon footprint is determined, they will set target dates, goals and actions to reduce their impact and carbon emissions. Ms. Pugh reviewed green degrees offered at ECC including a Restoration Horticulture ATA, an Occupational Safety & Health AAS -T and an Energy Management ATA. She identified other classes and certifications under development, noting sustainability practices and principles were also being embedded into existing classes and programs Ms. Johnson described the Learn and Service Environmental Anthropology Field (LEAF) School and identified several students in the audience. LEAF was a series of three courses in anthropology and human ecology whereby students do community service projects. She displayed several photographs of projects students are involved in. She provided a student's observation as well as a comment from the Communications Director of Washington Campus Compact regarding the LEAF program. Further information regarding FCC's sustainability effort is available at www.edcc.edu /afterwords. Edmonds City Council Approved Minutes April 28, 2009 Page 4 6. PUBLIC COMMENT REGARDING PROPOSAL TO BAN SINGLE USE PLASTIC CHECKOUT BAGS IN EDMONDS. Mayor Haakenson explained the Council was taking public comment on the proposal tonight and again on May 19, holding a public hearing on June 2 and possibly taking action on June 16. Councilmember Peterson commented the Edmonds Backyard Wildlife Habitat and Edmonds Community College illustrate why the Council was interested in a ban on single use plastic bags. He assured it was not just about eliminating something with an environmental impact but creating and taking advantage of efforts related to a green economy. To those who may question the advisability of a plastic bag ban in this economy, he supported Edmonds being a leader in the region to ensure jobs were being created and that businesses and people who value this movement were attracted to Edmonds. He acknowledged there was differing opinions regarding a bag ban and he welcomed all viewpoints. The key was to help change people's habits and do the right thing. Willie Russell, Edmonds, jokingly announced his candidacy for plastic bag enforcement administrator, stating via stiff fines and long jail sentences he would eradicate plastic bag criminals and then go after Starbucks customers who litter their cups. He explained plastic bags represented a society that was willing to reuse what they had. There are numerous uses for plastic bags from storing wet paint brushes to covering a person's hands after applying salve. Although he applauded the Council's willingness to open communication on biodegradable products, he questioned what items might be next; leather shoes that take 20 -40 years to decompose, plastic containers that take 50 -80 years, tin cans that take 100 years, disposable diapers that take 75 years, aluminum cans that take 200 -500 years, or Styrofoam which never decomposes. He recalled the use of plastic bags was encouraged in the past because it took five times more energy to produce a paper bag. He relayed being told by a Councilmember that plastic bags would still be available at other grocery stores and questioned whether the Council was encouraging residents to shop outside Edmonds. He questioned whether the ban would prohibit clothing bags, medical IVs and other plastic items. He urged the Council to dedicate their time to solving the City's fiscal needs, employment, food for the hungry, and healthcare for those unable to afford it. Matt Englesby, NW Buyer, Trex Company, advised Trex was not for or against a plastic bag ban. Trex is the largest domestic recycler of polyethylene film in grocery bags; this material is used in their manufacturing process to produce sustainable building materials such as desks, fencing, and railings. Trex promotes recycling of all types and provides storefront recycling at several local grocery stores. He advised 7 of every 10 drug and grocery store bags in the United States end up at a Trex plant or approximately 1.5 billion bags per year. He summarized there were other alternatives to a ban such as recycling and educating the public regarding recycling. Jack Bevan, Edmonds, commented it was easy to be seduced by the green movement particularly during an election year. He noted the City's anti - littering law should address the basic problem of single use checkout bags. He did not support further government intrusion into citizens' lives particularly over petty issues such as single use plastic bags. He urged the Council not to concern themselves with being first and to wait patiently for the outcome of Seattle's election. He displayed a plastic bag the City provides to pick up litter. Clyde Dimmick, Edmonds, commented the City had apparently determined there was a litter program even though there was a litter ordinance. He referred to the Council's goal to encourage the use of reusable shopping bags. He disagreed with the term single use checkout bags. He described five approximately P/2 hour walks he took along the Edmonds waterfront from the King County line to the Port and along the public beaches to Casper Street where he found two potato chip bags and a Edmonds City Council Approved Minutes April 28, 2009 Page 5 heavyweight plastic bag on one walk and one potato chip bag and two beer cans on another walk. He displayed the plastic litter bag the City provides which states the fine for littering is $5,000 and jail time. He referred to the estimate that Edmonds residents used 8 million plastic bags, pointing out his research indicated only a few of those bags ended up in the marine habitat. Holly Chesia, Olympia, Northwest Grocery Association, representing Safeway, Albertson's, QFC, Fred Meyer and Hagen, offered to work with the City on an ordinance. She explained they have considered this issue on a local and statewide level and there were tradeoffs to banning plastic bags: a paper bag is approximately 4 cents more expensive than a plastic bag and the carbon footprint of a paper bag is approximately 4 times that of a plastic bag. She pointed out recycled plastic bags are used for many purposes including carpet, Patagonia fleece, and recyclable totes available in grocery stores. She appreciated the City's proposal was an all - retail ban on plastic bags and not limited to grocery stores. She summarized their goal was to reduce the use of paper and plastic bags and get the public to embrace the use of reusable totes. Josh McDonald, Olympia, Washington Restaurant Association, representing approximately 5,000 restaurants throughout Washington State, explained their industry was working hard on sustainable practices. If the City approved the ban, he requested an exemption for prepared food due to the food safety risk. Restaurants need to be sure what food is placed into is safe, secure and clean. He explained Seattle's as well as the State's efforts have included an exemption for prepared food. Robin Brower, Edmonds, a Surfrider Foundation volunteer, a non- profit environmental organization that works to protect oceans and beach communities, explained their membership of over 50,000 is currently engaged in a "Rise Above Plastics" campaign. She expressed Surfrider's support for Edmonds' efforts to ban single use plastic bags as it supported their mission to ensure water quality for the benefit of public health and the marine environment. She emphasized plastic bags were more than a litter issue; because plastic bags are light, they float easily in the air and water and travel long distances. Over 1 million seabirds and 100,000 marine mammals die each year from the ingestion of or entanglement in plastics and local divers often encounter plastic bags at the Underwater Dive Park. She summarized the Surfrider Foundation was actively engaged in educating the public on living an environmentally friendly lifestyle. The proposed ban on plastic bags in Edmonds would help further their strategic goals and protect places like Edmonds and its waterfront. She acknowledged the biggest challenge was customers remembering to bring their reusable bags into the grocery store. John Pierce, Woodway, commented he traveled the world and the United States financing and building many of the largest renewable energy projects. He felt the proposed plastic bag ban was a feel good measure, comparing it to Initiative 937 that required each utility to purchase renewable energy but disqualified hydroelectric as renewable. He commented Edmonds' effort to ban plastic bags was useless because they could be obtained at stores in nearby cities and the only effective way to ban plastic bags was at the federal or state level. With regard to information provided in support of the ban such as China banning plastic bags, he found when visiting China a few weeks ago plastic bags had not been banned. He suggested the City focus its efforts on promoting waste -to- energy products. Bob Rinehart, Edmonds, provided numerous signatures in support of the plastic bag ban. He thanked Councilmember Peterson and the Council for pursuing something he found meaningful. Having worked on sustainability issues in Edmonds and at the university level during the past eight years, he pointed out the need to accept and address the challenge and take responsibility. One of the biggest problems in working on sustainability was closing the loop; it was easy to say a little thing did not have an impact because it was hard to see. He referred to the Gertrude Stein saying regarding downtown Oakland, California, "there is no there, there." He commented the public think they can get rid of things because Edmonds City Council Approved Minutes April 28, 2009 Page 6 they go there, but the fact is there is actually here. He referred to the Algalita Marine Research Foundation presentation whose research found a large percentage of fish have plastic inside their bodies thereby entering the food chain. He expressed his support for the plastic bag ban. Don Hall, Edmonds, agreed this was an important issue, pointing out landfills were not the biggest problem, the primary issue was the ocean. He pointed out the oceans and marine mammals could not wait 50 years to educate the public. He did not support nor did he believe the Council supported banning all plastic bag, only bags that were not totally necessary. He assured consumers could still buy packaged plastic bags and wraps and plastics would continue to be available in the medical field. With regard to being first, he supported Edmonds being first, noting the City would only be the first in the State to ban plastic bags; other cities, states and counties had adopted bans. He assured a small step could make a huge different in the long term. Alyson Bonner, Edmonds, a Surfrider Foundation volunteer, was excited to see the steps taken by the Council to keep marine debris out of oceans. She assured the proposed ban would have an impact and would be motivation for surrounding cities. She summarized anything citizens could do to reduce plastic bags would be a win for the environment and economy. Ruth Arista, Edmonds, referred to the Algalita Marine Research. Foundation's presentation, expressing her amazement with the information and statistics they provided including photographs with marine life bound by or that had consumed plastics in the ocean. As a consumer considering the impact a plastic bag ban would have, she has made an effort recently to shop without the use of plastic bags. She pointed out wet paint brushes could be stored in wax paper bags which were more recyclable than plastic bags. As an independent retailer in Edmonds, she must decide if the cost of a plastic versus a paper bag was something her small business could handle. They continue to use only paper bags with handles that can carry 4 bottles of wine or 14 -18 lbs. She cited Harvard Business Review articles that state cities undertaking similar initiatives had more people coming to spend their consumer dollars which she pointed out would be beneficial to businesses as well as the City. She summarized if an organization such as Whole Foods could eliminate plastic bags from their organization, most consumers could. She supported a ban on all single use plastic bags in all businesses and encouraged consumers to bring their own recycled paper or cloth bags. Barbara Tipton, Edmonds, commented Councilmember Peterson's recent article in the Edmonds Beacon provided an excellent overview on the plastic bags ban, stating the ban would only prohibit plastic checkout bags. She voiced her support for the proposed ban, commenting plastic bags enter the environment as litter, in waterways after being washed down storm drains or thrown away in landfills. She pointed out bags were not biodegradable and only break down into smaller toxic bits that contaminate the soil and waterways and enter the food chain when consumed by fish and animals. She noted the plastics industry has aggressively opposed municipalities' efforts to ban plastic bags, complaining that paper bags require more energy to produce and take up more space in landfills. She anticipated the plastic bag industry would threaten lawsuits and encouraged the City to study past case law to avoid legal pitfalls. She also recommended the legislation promote environmentally sound alternatives to plastic bags such as cloth bags and suggested commissioning local artisans to design attractive cloth bags. She suggested citizens also purchase and donate reusable plastic bags filled with food to the food bank. Al Rutledge, Edmonds, commented although many plastic bags were donated to the Edmonds Food Bank, they also purchased approximately 4,000 bags at a cost of $222 /month. He anticipated paper bags would be significantly more expensive. He encouraged the public to donate to local food drives. He suggested the Council survey the public to determine their thoughts regarding the plastic bag ban. Edmonds City Council Approved Minutes April 28, 2009 Page 7 Carol Hahn, Edmonds, explained when she walks, she uses two canes and can carry items in plastic bags looped over her arm. If plastic bags were banned, she emphasized it must be replaced with something as usable such as paper bags with sturdier handles. Roger Oliver, Edmonds, echoed his wife's comments. He recalled visiting Orcas Island in the late 1960s where the shore in Eastsound as well as the trees across the road were littered with plastic. That no longer occurs because the public has been educated. He urged the Council not to take away the tools many people needed to transport goods. Roger Hertrich, Edmonds, wondered what the people involved with the Citizens Levy Review Committee would say about the Council's emphasis on plastic bags when their interest was the City's financial situation. He preferred to educate the public regarding the use of plastic bags rather than forcing consumers to comply with a plastic bags ban. He anticipated people would recycle if they were educated about the importance of recycling and given the opportunity. In his experience most plastic bags ended up in a landfill and he anticipated most of the plastic in waterways was Styrofoam, plastic rings, bottle caps, etc. He feared the local economy could be affected by a ban on plastic bags although he acknowledged it could also be used to draw visitors by advertising a choice between paper and plastic. Chris Fleck, Edmonds, advised he had been using the same long handled canvas bags for the past 20 years. He doubted anyone would shop outside the City simply to obtain plastic bags, noting Petosa's stopped using plastic bags years ago and their store is always busy. He relayed seeing a person at a drugstore purchasing a tube of toothpaste that was placed in a plastic bag, pointing out many purchases did not even require a bag. He recalled during a trip to Southern Africa, 60 -100 miles from the nearest town, where there were plastic bags blowing around the bush. With regard to the Trex Company, he applauded their use of recycled plastic bags, pointing out their concern was the loss of a free raw material for their product if the City banned plastic bags. Although he preferred not to legislate the use of plastic bags, it may be great publicity for the City to be the first in the State to ban plastic bags. He circulated a USA Today article about plastic bags makers trying to stem legislation banning plastic bags. Michael Young, Edmonds, reported he had 7 separate containers behind his restaurant that prevented approximately 85% of his waste from entering landfills, pointing out his efforts were worthwhile even if his neighbors did not do the same. He questioned the truth of the information regarding plastic bags provided by the American Chemistry Council who produced plastic bags. He noted the Council's proposal to ban plastic bags was directed at the health, safety and welfare of citizens, the same basis for many laws such as the prohibition on DDT, Freon for air conditioners, pouring paint down the drain, or throwing refrigerators and televisions into a dumpster. He summarized this is the wave of the future; the City could be in front of it or behind it. He implored the Council to take public comment and then do the right thing and move on. Mayor Haakenson reiterated the Council would take public comment again on May 19, hold a public hearing on June 2 and possibly take action on June 16. 7. PUBLIC COMMENT ON DRAFT LEVY PROPOSAL AND DRAFT RESOLUTION REGARDING 2009 PROPERTY TAX LEVY. Mayor Haakenson pointed out although the Council was seeking public input on the draft levy proposal and a draft resolution regarding the 2009 property tax levy, nothing had been approved by the Council yet. Edmonds City Council Approved Minutes April 28, 2009 Page 8 Al Rutledge, Edmonds, referred to a letter he provided the City from Senator Rosemary McAuliffe, District 1 that states her opposition to increased taxes. He relayed Representative Al O'Brien was also opposed to increasing taxes. Neither Senator McAuliffe nor Representative O'Brien believed a ballot measure anywhere in the State to increase taxes would pass and both believed the State's financial situation would worsen. He pointed out March 2009 was the first time Social Security paid out more than they collected. He reported seniors would receive a $250 stimulus payment and questioned the percentage of Edmonds' population that was over 62 years of age. David Thorpe, Edmonds, a member of the Citizen Levy Review Committee, expressed opposition to the concept of a parks, public safety and families levy (Option 2) as it represented special interest. He questioned why the City would want to tie its hands with Option 2 when the problems or solutions were not yet fully understood and it was uncertain whether Option 2 met the criteria of being good for the citywide agenda. He concluded a special interest levy may garner some extra votes but it did not show leadership in correcting the current financial course nor did it show the public that hard work was necessary. He urged the Council to avoid business as usual and brush away problems with a solution such as Option 2. Roger Hertrich, Edmonds, agreed Option 2 was too specific about the use of the funds. He commented anyone with a basic understanding of the City's accounting system knew there was no way to ensure money from a levy would be placed in a specific fund because there was the ability to do interfund transfers. He asserted an interfund transfer allowed staff to move money out of a fund and place it in another fund including the General Fund and approval by the City Council was not required. To ensure funds remained in a specific fund would require changing the City's current system to prohibit staff - generated interfund transfers unless authorized by the Council. George Murray, Edmonds, commented there was a bill being developed in Congress to divert Social Security funds to pay for programs President Obama was developing. He urged the Council to consider the situation facing seniors as well as the impacts the stock market has had on their retirement savings. He anticipated Edmonds' population was 16% seniors. He relayed a comment from a person who operated a UPS store regarding the volume of unemployment checks. He remarked there were two bicycles in the parking lot tonight. Ruth Arista, Edmonds, commented other commitments did not allow her to be involved in the Citizen Levy Review Committee although she appreciated the opportunity to hear the reports they provided at the last Council meeting that nearly unanimously supported a levy of some amount. She supported listing specific items that would be cut if the levy did not pass and expressed concern that Option 1 listed the total levy amount of $3.75 million but did not list any specifics. She recommended the City identify items that would be cut if the levy failed. Mayor Haakenson reiterated the draft resolution was written by Council President Wilson and neither Council nor staff had an opportunity to weigh in on the options. Council President Pro Tem Wambolt explained the proposed levy amount of $3.75 million was the average of the levy amounts recommended by the Citizen Levy Review Committee (CLRC) groups. He recalled all the groups recognized this was not an optimum time to seek additional property taxes from citizens. He also recalled during their presentations the CLRC groups asked what would be cut if a levy did not pass. In proposing the parks, public safety and families option, Council President Wilson simply grouped items that were likely to be cut in the broad classifications of parks. Further, he disagreed with Mr. Hertrich's comments, advising interfund transfers must be approved by the Finance Committee and then the Council; there was not a single staff member making that decision. Edmonds City Council Approved Minutes April 28, 2009 Page 9 Council President Pro Tern Wambolt summarized anyone with better answers should speak up; the options were to either raise property taxes or cut services, the type of services that most residents did not want cut. He assured the Council was doing their best and the residents who participated in the CLRC agreed the City's problem was not an expense problem but rather a revenue problem and unfortunately the only method for generating revenue in a short timeframe was property taxes. Mayor Haakenson advised public comment on the draft levy proposal and a draft resolution was also scheduled on next week's agenda and the Council would discuss it on May 19. 8. AUDIENCE COMMENTS Harold Huston, Edmonds, commented he and several friends were embarrassed by the Council's behavior at last week's Council meeting, comparing it to a three ring circus. He expressed concern with Councilmembers attacking each other, Councilmembers attacking the Mayor and the public attacking Councilmembers, pointing out this set a poor example for the Student Representative and the next generation. He encouraged the Council and the public to think before speaking. He suggested Councilmembers study Robert's Rules of Order in an effort to have meetings run more smoothly. Edmonds had one of the most open forms of government of any city he had lived in; department heads, Councilmembers and the Mayor were available to talk to the public. He recommended the Council adopt a code of public politeness toward each other and for public speakers. He concluded the quickest way for the levy to fail was friction between Councilmembers. Al Rutledge, Edmonds, commented he had been attending Council meetings since 1989 and was not bothered by the Council's behavior, recalling it had happened several times before. He also attends meetings in Lynnwood and Bothell. He provided the 1997 Mayor's Roundtable Budget for Mayor Haakenson's review. Barbara Tipton, Edmonds, explained although she did not believe her yard was an ideal habitat for birds and other creatures, Rich Senderoff encouraged her to apply for certification in Edmonds Backyard Wildlife Habitat (EBWH) Program. She was surprised to find her yard had all the necessary elements to be certified. Because her lot does not have tall conifers, her south - facing yard was bathed in sunlight. She identified the numerous birds that flock to her feeders. Dr. Senderoff convinced her it was not necessary to turn her yard into a typical northwest habitat and she planned to slowly convert her sod to meadow and populate it with native grasses, plants and prairie flowers. She noted the south Puget Sound used to include prairies and oak woodlands, however, only 3% of the native prairies remain today. She encouraged Edmonds residents to consider joining the other 132 homeowners whose yards have been certified so that the City could reach the required 150 certified backyards. Rich Senderoff, Edmonds, commented tall trees along Maplewood Avenue between Main and 200th form a bird and wildlife corridor between Yost Park and Maplewood Park. This corridor has been significantly compromised by the removal of at least 120 tall fir trees and several large maples during the past 7 years including 56 trees since January 2008. The canopies of these trees cannot be replaced for many decades and trees are the oldest new thing in stormwater treatment. He observed there were no significant efforts underway to replace these lost trees or effort to preserve inter -park wildlife corridors, the motivation for seeking Tree City USA recognition. He relayed a comment by John Rosenthal, President of the Arbor Day Foundation, that trees that are planted and cared for today will cool and beautify communities, increase property values, help clean the air and water and conserve energy for years to come. An effective community forestry program is an ongoing process of renewal and improvement and one key element of a tree forestry program is a tree preservation ordinance that Edmonds City Council Approved Minutes April 28, 2009 Page 10 addresses these issues while supporting individual property rights. He pointed out Issaquah recently revised their tree code, specifying the number of trees that could be removed from single family, multifamily and commercial property; defining significant, landmark and protected trees; and limiting the number of trees that can be removed from a single family lot based on lot size. He concluded Issaquah had maintained Tree USA recognition for 15 years and it was time for Edmonds to demonstrate the same regard for its tree canopy. Roger Oliver, Edmonds, expressed his appreciation to Councilmember Peterson for his efforts to have a curb cut installed on Maple near the ACE Hardware Store at Old Mill. Town. Next, as a user of a motorized scooter, he pointed out the City's sidewalks were in horrible condition. He compared the impact of the 8 -inch wheel on his scooter encountering a 1 -inch crack in the sidewalk to a 14 -inch car tire encountering a 5 -inch crack in the road, a situation that was likely to generate lawsuits and recall elections. Carol Hahn, Edmonds, commented another problem with the sidewalks in the City was businesses that place their signs in the middle of the sidewalk which does not allow adequate space for a scooter to pass. She suggested businesses place their signs against the wall rather than in the middle of the sidewalk. She concluded it was becoming more difficult to shop in Edmonds. Roger Hertrich, Edmonds, referred to Agenda Item 9 and expressed his agreement with the proposed revision to change the square footage from 120 square feet to 200 square feet. He recommended allowing tents /canopies of 120 square feet with sides with no regulation and if the 120 square feet limit were exceeded, a canopy only with no sides be allowed up to 200 square feet. George Murray, Edmonds, relayed Forbes Magazine recently published a list of the most business - friendly countries in the world; at the top of the list were Denmark, Norway and Sweden, highly socialized counties with strong, powerful unions. These Nordic counties operate on three key conditions: cooperation, conflict avoidance and consensus. He urged the Council to work toward consensus, comparing a 4 -3 vote to an F, a 5 -2 vote to a C, a 6 -1 vote to a B and a 7 -0 vote to an A. He pointed out the Council had two 7 -0 votes tonight. 9. DISCUSSION AND POTENTIAL ACTION ON TEMPORARY BUILDINGS /USES ORDINANCE. Planning Manager Rob Chave relayed the City Council held a public hearing on March 3, 2009. The Council did not approve the ordinance and on March 17 referred it to the Community Services /Development Services Committee. The focus of the Committee's discussion at their April 14 meeting was on the 120 square foot threshold versus 200 square feet. He noted the change from 120 square feet to 200 square feet was allowable under the building code but would require an amendment to the residential building code, Chapter 19.05. Mr. Chave provided several industry examples of temporary buildings, identifying the dimensions and whether a building permit would be required. He also provided several photographs of temporary buildings throughout the city. Mr. Chave emphasized the issue was not just building codes; zoning regulations also apply. For example if a temporary building was permanently attached to the ground, it must comply with setback and lot coverage regulations. If the Council increased the threshold there was the potential that residents would think as long as the canopy was under 200 square feet it could be placed anywhere on the lot. He noted most code enforcement efforts with regard to canopies were related to location and /or appearance. He Edmonds City Council Approved Minutes April 28, 2009 Page 11 anticipated this issue would be discussed again with regard to setbacks and lot coverage during the code revision process. Building Official Ann Bullis explained the proposed building code amendment increased the size of accessory structures exempt from a building permit from 120 square feet to 200 square feet; the uses stay the same, tool and storage sheds, playhouses and similar structures. Staff added a reference to ECDC 17.70.035 for canopies used for covered storage and carports. The proposed Building Code amendment is only for structures accessory to a single family dwelling, not commercial, multi - family, or industrial buildings. She noted there are other jurisdictions in the area that adopted the same 200 square foot exemption and this amendment is also contained the 2009 International Building Code which she anticipated the City would adopt later this year. Ms. Bullis pointed out work exempt from obtaining a building permit must still meet the building codes. However, since no permit was issued by the City and no inspections were done, it was the property owner's responsibility to meet the building codes. In general, larger exemptions may result in larger, more complicated code violations for staff to resolve. Since no building permit was required there was potential for owners without construction knowledge to build an even larger structure, possibly creating a hazardous condition. And since no building permit was required, citizens may incorrectly presume that zoning setbacks, height and lot coverage were also exempt which leads to greater expense in altering the structure to meet these requirements if construction has begun. Ms. Bullis pointed out in the Building Code, use of a structure is very important; the accessory structure exemption is specifically for tool and storage sheds, playhouses and similar uses. She provided the following examples of accessory structure uses where a building permit was required regardless of size, commenting there was a greater potential for these uses in a larger structure: • Habitable spaces such as a recreation room, art studio, office, workshop, guest house, pool house, etc. • Where plumbing fixtures are installed, such as a sink, shower, water closet, etc. • Vehicle storage such as a garage or carport Council President Pro Tern Wambolt recalled Code Enforcement Officer Mike Thies saying the reason staff was not considering a structure greater than 1.20 square feet was because it could not obtain a building permit because it could not meet snow load requirements. He asked how was the inability to meet snow loads was addressed if a canopy did not need a building permit. Ms. Bullis agreed it was not necessarily resolved; there were certain structures that would not meet the City's snow load, wind load or structural load requirements. However, because a permit was not required, the City did not regulate them. Councilmember Orvis commented if a resident wanted to build a 200 square foot addition to their home, they would be required to obtain a permit. Ms. Bullis agreed any habitable addition to a home would require a permit. A detached tool shed less than 200 square feet would not require a permit under the proposed ordinance. Councilmember Peterson asked whether vehicle storage of any size must be permitted. Ms. Bullis answered except for the canopy structure in the proposed ordinance. Councilmember Peterson noted the majority of the photographs taken in Edmonds and the majority of the complaints were in regard to canopies used to store vehicles. He asked whether a 10x10 structure with sides where someone parked their car on a regular basis would require a permit today. Ms. Bullis answered a structure greater than 120 square feet would require a building permit today. Mr. Chave pointed out even if a building permit were not required, a canopy permanently attached to the ground must comply with other regulations such Edmonds City Council Approved Minutes April 28, 2009 Page 12 as setbacks and lot coverage issues. Ms. Bullis clarified at the present time, a building permit would be required for any structure used for vehicle storage. Councilmember Orvis asked if a 120 square foot canopy was allowed to have walls. Ms. Bullis answered the definition in the proposed temporary use ordinance required it be at least 75% open. COUNCIL PRESIDENT PRO TEM WAMBOLT MOVED, SECONDED BY COUNCILMEMBER. PETERSON, FOR APPROVAL OF EXHIBIT 1, THE OPTION THAT ALLOWS 120 SQUARE FEET. Council President Pro Tem Wambolt reviewed the history of this ordinance. It was first reviewed by the Planning Board on October 8 and again at their November 12 meeting. The Community Services /Development Services Committee considered it on January 3, the Council held a public hearing on March 3 where there was a 5 -2 vote to direct the City Attorney to prepare the necessary ordinance for the next Consent Agenda. The ordinance was removed from the March 17 Consent Agenda to allow staff to address several questions posed by Councilmembers and the Council voted unanimously to refer it to the Community Services /Development Services Committee for further review. The Committee reviewed the second option that would allow 200 square feet at their April 14 meeting and did not provide a recommendation to the Council. Council President Pro Tem Wambolt was opposed to 200 square feet for safety reasons as well as reasons provided by staff that it was likely canopies of that size would encroach into the setbacks. He anticipated this would result in additional workload for the City's Code Enforcement Officer. Councilmember Orvis pointed out in 2009 the 200 square foot exemption would be added to the City's building code via adoption of the International Building Code. Ms. Bullis explained in the 2009 International Residential Code work exempt section, jurisdictions were allowed to change 200 square feet to 120 square feet. Councilmember Orvis encouraged the Council to allow 200 square feet, anticipating there would be fewer things for the Code Enforcement Officer to enforce. Councilmember Bernheim agreed with Councilmember Orvis and thanked him for his research to clarify these issues. He was unaware of any injuries from larger canopies such as 200 square feet and did not see a need to restrict a property owners' use of their property. He clarified he voted in favor of the 120 square feet previously due to his understanding the law prohibited structures over 120 square feet. MOTION FAILED (2 -4), COUNCIL PRESIDENT PRO TEM WAMBOLT AND COUNCILMEMBER PETERSON VOTING YES; AND COUNCILMEMBERS PLUNKETT, ORVIS, OLSON AND BERNHEIM VOTING NO. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO ADOPT EXHIBIT 2. Councilmember Plunkett pointed out staff recommended the Council either approve Exhibit 1 or advertise for a new public hearing based on the revisions considered by the Community Services /Development Services Committee. He asked whether the new public hearing was a requirement or recommendation. Mr. Chave relayed City Attorney Scott Snyder recommended holding a new public hearing due to the change in Title 17 from 120 square feet to 200 square feet. COUNCILMEMBER BERNHEIM WITHDREW HIS MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO DIRECT STAFF TO SCHEDULE A PUBLIC HEARING. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes April 28, 2009 Page 13 10. COUNCIL REPORTS ON OUTSIDE COMMITTEE /BOARD MEETINGS. Councilmember Peterson reported he attended the SeaShore Transportation Committee meeting, a group of cities that discuss transportation options. This was his first meeting and it was primarily a learning experience. Councilmember Orvis reported the Health District activated its Incident Command in response to the Swine Flu and are in surveillance mode at this time because there are no cases in Washington State. The Health District is taking steps to ensure the appropriate medications and other tools are available. He also reported the Health Board expected to make more budget cuts in July. Council President Pro Tem Walnbolt reported he did not attend the April 13 Port meeting due to a conflict with the Citizen Levy Review Committee. At their April 27 meeting, a presentation by a gentleman who follows the economy of the marine industry cited unemployment in the marine industry at 50% compared to the State unemployment rate of 8 -9 %, and that wait lists for marina spaces were disappearing. There was also a presentation by a potential developer for the portion of Port property that was previously proposed to be developed by Jacobson Marine. The presentation proposed a 20,000 square foot office building with 10,000 square feet on two floors. Council President Pro Tem Wambolt did not anticipate that development would move forward because there was no anchor tenant and it was questionable whether financing could be obtained. Also at their April 27 meeting, the Port Commission reviewed their quarterly operational reports. The wait list at the Port dropped from 206 to 152; there are some small, less than 30 foot spaces available. Occupancy at dry storage is the lowest in several years, down to 86.4% compared to 90 %. Overall the Port's operations are not too bad in this economy; gross profit was down 5% from budget but up slightly from the first quarter 2008. Councilmember Plunkett reported the Downtown Parking Committee has received favorable feedback regarding the flags installed at several intersections, including some people who carry the flags around for use at all intersections. A non - profit company who suggested they should not be required to pay for permits due to their non -profit status was invited to make a presentation to the Committee. Parking enforcement is down due to personnel and budget issues. Councilmember Plunkett distributed a report to the Council regarding the Outreach Committee. He reported Comcast will be conducting a needs assessment survey; citizens can access the survey on Comcast's website and indicate the type of programming they want. The Committee discussed upgrades to the City's website; however, they are dependent on staff time. The Committee also discussed streaming Council meetings which would cost $10,000 - $15,000, funds that are not available in the immediate future. Edmonds Community College's efforts to create a Broadcast Center have been delayed due to the economy. The City's newsletter is now available online. Councilmember Plunkett relayed the City has a one -year subscription with "SurveyMonkey," an online survey, through Comcast. The Outreach Committee plans to research whether a community survey could be conducted via SurveyMonkey. 11. MAYOR'S COMMENTS Mayor Haakenson reported he has asked the Parks Department to provide weekly reports on the usage of Yost Pool once it opens to determine whether the increased fees have resulted in any decline in attendance. If there is a decline in attendance, the pool will be closed when funds collected are exhausted. Edmonds City Council Approved Minutes April 28, 2009 Page 14 12. COUNCIL COMMENTS Council President Pro Tern Wambolt spoke in favor of streaming Council meetings if funds were available in the future. He pointed out Shoreline streamed their Council meetings and past meetings are available via archives on their website, a helpful tool in resolving disputes. Councilmember Peterson reported the Climate Change Conversation on Earth Day was a great event and very well attended. A report will be provided to the Council in the near future. Councilmember Bernheim referred to the remarks made by Officer Harbison at last week's meeting, specifically his recommendation that the City stop spending money like a drunken sailor and the two examples he provided as evidence of that behavior, 1) the unanimous decision by the Council to spend $250,000 for the park in front of Old Mill Town and 2) the $20,000 - $50,000 cost of the electric car plug in the City parking lot. Councilmember Bernheim clarified the funds used to buy the property in front of Old Mill Town were from a dedicated parks purchase fund. He also clarified the cost of the electric car plug was less than $5,000. Councilmember Bernheim corrected a statement he made a few weeks ago that 61% of the criminal non - traffic caseload in the Municipal Court was related to paraphernalia and marijuana cases, advising the correct figure was 22 %. With regard to the public's plea for unanimity on the Council, Councilmember Bernheim explained the Council could not act with unanimity because there was a diversity of views although he agreed everyone should be civil. His research of the Council's decisions in 2008 revealed the vast majority were unanimous. The only 4 -3 or 4 -2 decisions were in regard to the 555 Main Street historic building, whether to pursue acquisition and appraisal of the Antique Mall, salary and cost of living increases, the Mayor's salary increase, BD1 zone changes and technical Hearing Examiner appeals. Unanimous Council decisions included the Police, Fire and Service Employees unions' contracts as well as all the tax increases. He summarized there was a great deal of unanimity on the Council even when there was a great deal of debate and insult. Councilmember Plunkett reported in 2008 less than 5% of the legislative decisions were 4 -3; 95% of the Council's decisions were 5 or more votes. 13. ADJOURN With no further business, the Council meeting was adjourned at 9:50 p.m. Edmonds City Council Approved Minutes April 28, 2009 Page 15