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11/01/2005 City CouncilNovember 1, 2005 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Richard Marin, Council President Michael Plunkett, Councilmember Jeff Wilson, Councilmember Mauni Moore, Councilmember Peggy Pritchard Olson, Councilmember Dave Orvis, Councilmember Deanna Dawson, Councilmember ALSO PRESENT Steven Landry, Student Representative 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief David Stern, Chief of Police Duane Bowman, Development Services Director Stephen Clifton, Community Services Director Dan Clements, Administrative Services Director Brian McIntosh, Parks & Recreation Director Jennifer Gerend, Economic Development Dir. Noel Miller, Public Works Director Doug Fair, Municipal Court Judge Kathleen Junglov, Asst. Admin. Services Dir. Rob Chave, Planning Manager Darrell Smith, Traffic Engineer Dave Gebert, City Engineer Don Fiene, Assistant City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Council President Marin requested Item H be removed from the Consent Agenda. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT MARIN, FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL Approve 10i25i05 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 25, 2005. Minutes (C) APPROVAL OF CLAIM CHECKS #83317 THROUGH #83458 FOR THE WEEK OF Approve Claim Checks OCTOBER 24, 2005, IN THE AMOUNT OF $230,893.28. (D) REPORT ON BIDS OPENED ON OCTOBER 4, 2005, FOR THE EDMONDS MEMORIAL Edmonds CEMETERY IMPROVEMENTS PROJECT AND AWARD OF CONTRACT TO OHNO Memorial Cemetery CONSTRUCTION ($710,464.00, INCLUDING TAX). Edmonds City Council Approved Minutes November 1, 2005 Page 1 Fire Rescue I (E) REPORT ON BIDS RECEIVED ON OCTOBER 13, 2005, FOR THE PURCHASE OF ONE Boat FIRE RESCUE BOAT. AUTHORIZATION TO REJECT BID AND READVERTISE FOR BIDS. Shoreline (F) AUTHORIZATION FOR THE MAYOR TO EXECUTE A CONTRACT WITH THE Master Program STATE DEPARTMENT OF ECOLOGY FOR A GRANT IN THE AMOUNT OF $140,000 Update TO COMPLETE A COMPREHENSIVE SHORELINE MASTER PROGRAM UPDATE, ►I'�`IIZ:IiJI y C���7�� 0C�]:�.��1 �l �l C� : 1 � _ `7 �.1CIT� _ : U ► _ ��f QUALIFICATION FROM CONSULTANTS TO UNDERTAKE THE PROJECT. Res# 1l l l (G) AUTHORIZATION OF RESOLUTION NO. 1.111 TO SUBMIT GRANT APPLICATION CDBG Grant Application FOR THE 2006 SNOHOMISH COUNTY CDBG CAPITAL PROGRAM FOR SENIOR. CENTER IMPROVEMENTS. Council CONSENT AGENDA ITEM H: Proposed Resolution Amending the Rules of Procedure to prohibit public Meeting Rules comments which inappropriately utilize public facilities for campaign purposes of Procedure Council President Marin recommended this item be postponed until the December 6 Council meeting. He asked City Attorney Scott Snyder to provide background on the proposed resolution. Mr. Snyder read from RCW 42.17.130, "no elected official nor any employee of his office nor any person appointed or employed by a public office or agency may use or authorize the use of any of the facilities of a public agency or office directly or indirectly for the purpose of assisting a campaign for election of any person to any office or the promotion or opposition to any ballot proposition." He noted three exceptions were provided in the statute, (1) an action taken during an open public meeting by members of an elected legislative body to express a collective decision such as the recent public meeting regarding I -912, (2) actions taken to provide neutral information such as the Council allowing the Council Chambers and /or Channel 21 to be used to provide a candidate forum, and (3) activities that are part of the normal and regular conduct of an office or agency such as the Mayor providing information regarding the impact of a budget. Mr. Snyder explained the State Auditor had issued a number of letter rulings and the Attorney General had issued at least ten opinions on this oft - litigated section. Mr. Snyder commented many of the questions posed to him were in regard to First Amendment rights. The restrictions proposed in the resolution were in regard to time, place and manner. He clarified anyone was free to talk outside on the sidewalk and public rights -of -way were available for campaign signs, pointing out even those forums had rules such as campaign signs could not be placed in planter boxes and a person speaking on sidewalks could not impede traffic or block an ADA access ramp. He summarized all exercises of First Amendment rights had limitations. Mr. Snyder explained the request made to him was to draft a rule that reflected the State statute. He noted the resolution was not intended to prevent any citizen from informing the Council of their dissatisfaction with the way staff, Council or the Mayor did their jobs. The resolution addressed a citizen making statements from the podium regarding the election of a specific person or promoting /opposing a specific ballot measure. The Council meeting was a forum for the Council to conduct business; it was open to the public, notice of the meeting was required and public hearings must be held on certain issues; however, there was no state statutory right to an open microphone. Although most City Councils and School Boards make provisions for public comment, some have many rules and others, such as the City of Edmonds, only have limits on the time. He suggested a broader discussion regarding the use of City facilities for candidate forums, rules of decorum for the use of the microphone at City Council meetings, consideration of rules established by other City Councils for public comment, etc. He explained the Council was not allowed to make remarks related to a campaign for public office or a position on a ballot measure; the public had no greater right at a Council meeting. Edmonds City Council Approved Minutes November 1, 2005 Page 2 Mr. Snyder summarized the resolution was intended to establish rules for speaking at the microphone and was not an attempt to restrict comment regarding how staff, the Council or Mayor did their jobs. He reiterated every exercise of First Amendment rights had limitations and time, place and manner restrictions were common. He noted the City maintained a wide variety of public forums including parks and meeting rooms that were available for rent and at no cost. He stated it was not an appropriate use of the microphone provided for public comment at Council meetings to promote individual candidates. Council President Marin advised the Council would have further discussion on this issue at the December 6 Council meeting as well as allow public comment on the topic. Doug Nair, 3. APPROVAL OF MAYOR'S APPOINTMENT OF DOUG FAIR TO A FOUR -YEAR TERM AS Municipal Court Judge EDMONDS MUNICIPAL COURT JUDGE Mayor Haakenson recalled last week the Council made a decision to retain the Edmonds Municipal Court and make the Municipal Court Judge an elected position at some point in the future. He was very pleased with the job Judge Fair has done as the City's Municipal Court Judge and requested the Council confirm Judge Fair's appointment to a four -year term as Edmonds Municipal Court Judge. COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO APPROVE MAYOR HAAKENSON'S APPOINTMENT OF DOUG FAIR TO A FOUR -YEAR TERM AS EDMONDS MUNICIPAL COURT JUDGE. MOTION CARRIED UNANIMOUSLY. Council President Marin advised he had heard from many about the excellent job Judge Fair was doing in this position. Councilmember Moore commented on Judge Fair's efforts to bring a new level of efficiency to the Court and restoring confidence in the Edmonds Municipal Court. Steven Landry, 4. INTRODUCTION OF NEW STUDENT REPRESENTATIVE STEVEN LANDRY Student Representative Council President Marin introduced Steven Landry, a senior at Edmonds - Woodway High School, whose future plans include attending a 4 -year university to study business and Spanish. Mr. Landry commented he was excited to be here and looked forward to learning more about City government. 5. 2006 BUDGET Public Hearing A. PUBLIC HEARING ON THE 2006 BUDGET INCLUDING REVENUE SOURCES on 2006 Budget Administrative Services Director Dan Clements provided an overview of the 2006 budget, recalling the October 11 Finance Committee meeting included discussion regarding the property tax ordinance and the use of banked capacity in the 2006 budget; the Mayor presented his budget address on October 18; paper and electronic copies of the budget were made available to the public; a budget workshop was held October 25; and tonight's public hearing was an opportunity for the public to provide comment on the budget and revenues. Mayor Haakenson opened the public participation portion of the public hearing. Rowena Miller, Edmonds, expressed the hope that adequate funding for Yost Pool was included in the 2006 budget and recommended the pool schedule be extended rather than compacted. She commented on Edmonds City Council Approved Minutes November 1, 2005 Page 3 the City's expenditure of $200,000 for a' /z acre park property on Main Street near Shell Creek, with the hope that would not preclude purchase of the Woodway Elementary School site. Hearing no further public comment, Mayor Haakenson closed the public hearing. Councilmember Plunkett commented it was his impression that the Citizen Advisory Transportation Committee would provide a recommendation regarding funding sources for transportation improvements; however, there was no recommendation from that Committee in the budget. City Engineer Dave Gebert acknowledged one of the Committee's objectives was to make a recommendation but due to the short timeframe, their presentation emphasized the need for the Council to fund the overlay program and they chose not to provide a recommendation regarding a funding source at this time. In response to Ms. Miller's question regarding Yost Pool, Parks & Recreation Director Brian McIntosh advised the current budget included 100 days of pool operation. He noted in late August /early September much of the pool's staff returned to college and use of the pool declined to morning lap swims and one session of lessons in the afternoon made it inefficient to keep the pool operating. Councilmember Dawson asked when the pool was scheduled to close in the current budget. Mr. McIntosh answered the closing date depended on the opening date, Memorial Day; the schedule was 100 days following the opening date. Councilmember Dawson inquired about the cost to keep the pool open past Labor Day. Mr. McIntosh recalled that was researched several years ago and the cost was estimated at $1,000 per day, likely $130041400 per day now. Councilmember Dawson asked if the proposal in the 2006 budget was to close the pool early. Mr. McIntosh answered the pool had traditionally been open for 100 days. He recalled 6 to 7 years ago the pool was kept open an additional three weeks and the result was that maintenance costs exceeded revenue collected. Councilmember Dawson asked if the pool could be kept open longer if the weather was good. Mr. McIntosh answered no because use declined beginning in mid - August. With regard to the Real Estate Excise Tax (REET) funds used to purchase the wetland property, Mayor Haakenson advised that would have no impact on the Council decision to proceed with any park purchases in the future. He advised the City had applied for retroactive grants for that purchase. In response to Councilmember Plunkett's inquiry regarding a recommendation from the Citizen Advisory Transportation Committee, Mayor Haakenson anticipated the Committee would be delighted if the Council identified $500,000 in the budget to fund transportation projects over the next couple years. 2006 Property B. APPROVAL OF THE 2006 PROPERTY TAX ORDINANCE Tax Ordinance COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCIL PRESIDENT MARIN, FOR APPROVAL OF THE 2006 PROPERTY TAX ORDINANCE. Councilmember Dawson advised she would not support the motion. This action would approve the allowed 1% increase in property tax as well as the banked capacity, which was allowed via a loophole in the State law, that had the affect of the City always raising property taxes to the maximum allowable by law. She noted the banked capacity would provide an additional $285,000. She was concerned with adopting the property tax ordinance before the Council had made a decision regarding the budget. She acknowledged some portion of the banked capacity may /may not be necessary given the City's budgetary constraints; however, a decision at this time was premature as the Council had not made its decision . regarding items to be funded in the budget and had not made an adequate case to the citizens for this property tax increase. Edmonds City Council Approved Minutes November 1, 2005 Page 4 Councilmember Dawson pointed out it was unknown whether the Legislature would approve sales tax sourcing; if they did, the City may be in a better financial position; if the Legislature did not, there may be items in the budget that cannot be funded. She noted the City may need to ask the voters to approve a property tax measure to fund transportation projects and support for that may be jeopardized if the Council did not instill confidence in the citizenry that as much as possible was being cut from the budget. Councilmember Wilson agreed with the concept of delaying approval of the property tax ordinance until the 2006 budget was approved. He pointed out the need to identify items that would not be funded in the budget if the City did not collect the additional $285,000 provided by banked capacity. He urged Councilmembers to identify programs they would be willing to cut from the budget if that additional revenue was not available. Mayor Haakenson inquired about the timeline for adopting the property tax ordinance and the budget. Mr. Clements answered there was no urgency to pass any of the budget - related ordinances tonight. The City must submit the property tax ordinance to Snohomish County by the end of November. He advised the impact of capturing banked capacity on a home valued at $500,000 was $3 per month or $36 per year. He noted those funds would be used for the additional Police Department staff. Councilmember Plunkett agreed with Councilmember Wilson's suggestion that Councilmembers who did not support capturing the banked capacity needed to present options to the Council for budget cuts if that additional revenue was not available. Councilmember Moore agreed, pointing out the funds would be used for Police Department staff. COUNCILMEMBER MOORE WITHDREW HER MOTION WITH THE AGREEMENT OF THE SECOND. Councilmember Dawson stated the cost of the additional Police Department staff did not total $285,000, it was only approximately $100,000. She reiterated it had not been adequately demonstrated that it was necessary to access the full banked capacity. She agreed to identify items to cut from the budget, noting there were some items that did not necessarily need to be funded in 2006. Council President Marin added a 60 minute budget workshop to the Monday, November 7 Council meeting following 6:00 p.m. committee meetings. C. APPROVAL OF THE UTILITY RATE ORDINANCE Ord# 3570 COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCIL PRESIDENT MARIN, FOR Utility Rate APPROVAL OF THE UTILITY RATE ORDINANCE. MOTION CARRIED UNANIMOUSLY. Ordinance The Ordinance reads as follows: ORDINANCE NO. 3570 — AMENDING THE PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES TO INCREASE THE COMBINED UTILITY RATE, STORM WATER MANAGEMENT COMPONENT BY EIGHT PERCENT EQUIVALENT TO FIFTY EIGHT CENTS PER MONTH AND AMENDING THE PROVISIONS OF SECTION 7.30.040 UTILITY CHARGES — SANITARY SEWER TO DECREASE THE SANITARY SEWER COMPONENT BY 2.24 PERCENT. 2006 Budget D. POSSIBLE ADOPTION OF THE 2006 BUDGET ORDINANCE Ordinance Mayor Haakenson acknowledged adoption of the 2006 budget would be postponed to a future meeting. Edmonds City Council Approved Minutes November 1, 2005 Page 5 For Councilmember Plunkett, Mr. Clements advised the budget must be adopted by the end of the year, the property tax ordinance must be submitted to Snohomish County by the end of November. Councilmember Plunkett recommended the Council develop a process for Councilmembers to propose amendments to the budget. He suggested Councilmembers provide their amendments in writing and include them in the Council packet. Mr. Clements recalled in the past staff created a matrix of amendments proposed by Councilmembers. It was agreed Councilmembers Moore and Plunkett would submit their amendments to Mr. Clements by Thursday, November 3, to allow him to determine the budget impact and then Council President Marin and Mr. Clements coordinate their inclusion in a matrix and Councilmember Dawson would submit her proposed amendments by Thursday, November 10. Councilmember Dawson suggested Councilmembers describe their amendments tonight. She inquired about the timing of the public safety positions, commenting it was her understanding if the Legislature did not approve sales tax sourcing, those positions would not be funded. Mayor Haakenson advised a funding source could not be identified that would fund those positions for the entire year. A decision has not yet been made whether those positions would be eliminated if the Legislature did not approve sales tax sourcing but there would be six months to make that decision if that revenue source was not realized. Councilmember Dawson commented if the Council approved capturing the full banked capacity, those public safety positions would not necessarily be filled as they were somewhat contingent on whether the Legislature approved sales tax sourcing. Mayor Haakenson agreed. Councilmember Plunkett advised the amendment he planned to propose was $1500 for a detector loop at SR 104/226" Councilmember Dawson explained the Disability Board reviewed funding for disability payments to LEOFF public safety professionals and found the 2006 budget for Firefighter Pension Fund 617 currently reflects $45,756 when it should be $62,000 this year. Mr. Clement advised that change would not impact the General Fund. Councilmember Moore advised her amendments were in regard to community marketing. Her proposal, developed with the assistance of Economic Development Director Jennifer Gerend who had experience with this method in other cities, was to fund Team Edmonds in a partnership manner. She recommended the City fund $15,000 to assist businesses and festivals in using the Team Edmonds brand in their advertisements and radio spots. She also requested including $5,000 in the budget for a camera, tripod and editing equipment to record community events for broadcast on Channel 21. Comcast also expressed interest in granting funds for this equipment. She proposed using students from the high school and Edmonds Community College to do the editing. She described events that could be recorded such as the 4th of July parade, Memorial Day event, homecoming parade, interview Fire Chief Tomberg with regard to emergency preparedness, etc. She also contacted the local newspaper about providing space to list programming on Channel 21. She also requested including $5,000 in the budget for special notices associated with community outreach. She summarized this was her proposal to fund community marketing in the amount that was provided to Team Edmonds in 2005. Councilmember Dawson asked how Councilmember Moore proposed to fund those items. Mr. Clements stated beginning cash balance could be used. He commented there was less concern with one -time expenditures than with ongoing staff expenses because those costs increased faster than revenues. Mr. Snyder commented the intent would be that those funds would be used for economic development purposes; utilizing a common brand increased the visibility of the City as a whole. Edmonds City Council Approved Minutes November 1, 2005 Page 6 Councilmember Wilson relayed his intent to have staff consider funding traffic calming on 217th. He explained the issues on 217th were related to the 220th Street project which should have included measures to slow speeds on 217th during that lengthy project. Definition of 6. PUBLIC HEARING ON THE PLANNING BOARD'S RECOMMENDATION ON PROPOSED Families" AMENDMENTS TO TITLE 21 EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) REGARDING THE DEFINITION OF "FAMILIES." Planning Manager Rob Chave explained this issue came to staff's attention when it was discovered the definition of family in the code did not address exchange students. In an attempt to update the code to address exchange students, an interim ordinance was adopted to allow the Planning Board time to study the issue. The Planning Board discussed a variety of issues related to the definition of family and after holding a public hearing, recommended a method similar to the interim ordinance in which exchange students were viewed the same as other renters residing with a family, allowing up to two exchange students /boarders to live with a family. He referred to City Attorney Scott Snyder's memo which outlined the danger of defining, and thereby regulating, the normal activities that occur with a single family residence. Councilmember Wilson asked if any problems had arisen since the interim ordinance had been in place. Mr. Chave answered there had not been any enforcement cases other than the one that initiated this review. Mr. Snyder recalled this issue arose when a woman who routinely hosted foreign exchange students wanted to expand her home to accommodate a larger number and found the City's definition of family did not address the matter. Councilmember Wilson recalled the code did not address how long a person must reside at a residence to be considered a part of the family. Mr. Snyder answered it was not advisable to attempt to regulate guests, how long they stayed or their relationship to the family. Mayor Haakenson opened the public participation portion of the public hearing. There were no members of the public present who wished to provide testimony; Mayor Haakenson closed the public hearing and remanded the matter to the Council for action. Ord# 3571 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT MARIN, TO Definition of "Families" APPROVE THE ORDINANCE NO. 3571 RECOMMENDED BY THE PLANNING BOARD. MOTION CARRIED UNANIMOUSLY. Essential Public 7• PUBLIC HEARING ON THE PLANNING BOARD'S RECOMMENDATION ON PROPOSED Facilities AMENDMENTS TO TITLE 20 EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) ADDRESSING THE REGULATION OF ESSENTIAL PUBLIC FACILITIES Planning Manager Rob Chave explained the ordinance attempted to treat essential public facilities as a use that was potentially allowed but required a Special Use Permit with specific decision criteria. The ordinance also contained a provision that allowed review of previously approved essential public facilities that were not abiding by the conditions of approval. The criteria also required a public process, consideration of the financial impacts to the City, that the project sponsor bear the cost of the public process and studies, etc. City Attorney Scott Snyder advised development of this ordinance followed extensive litigation between King and Snohomish Counties. He noted the two areas where the ordinance pushed the "edge of the envelope," an edge that had not yet been litigated was that a site for a regional facility must have been identified via a collaborative process that involved Edmonds residents and that the regional facility must serve Edmonds in some manner. Edmonds City Council Approved Minutes November 1, 2005 Page 7 Councilmember Wilson asked whether the criteria in the Comprehensive Plan, "the site is physically suitable for the facility" was too vague. Mr. Chave answered because it was a Comprehensive Plan policy, it was intended to be more general. Mr. Snyder referred Councilmember Wilson to paragraphs 8 and 9 on page 7 of the ordinance that addressed site suitability including access, support facilities, topography, geology, onsite mitigation, compatibility with surrounding uses, etc. Mr. Chave advised the specific criteria were contained in the ordinance; the overall direction was provided by the Comprehensive Plan policies. Councilmember Wilson asked whether the ordinance could designate the City as the lead agency in the SEPA process. Mr. Snyder answered not in the ordinance but it could be considered in the SEPA and Shoreline Plan update. He acknowledged this may be problematic if the project sponsor were a regional agency that served multiple jurisdictions. Mr. Chave advised if the Council retained funding for the Zoning Code rewrite in the budget, this would be addressed as part of that process. Councilmember Dawson complimented Mr. Snyder on a well written document. Mayor Haakenson opened the public participation portion of the public hearing. Don Kreiman, Edmonds, relayed that he had attended most of the Planning Board meetings regarding this topic and found the Planning Board conducted a very thorough review. He recommended the Council adopt the Planning Board's recommendation. Roger Hertrich, Edmonds, suggested the list of examples of essential public facilities provided in Mr. Snyder's memo be incorporated into the ordinance. Hearing no further public comment, Mayor Haakenson closed the public hearing. Mr. Snyder explained the list that Mr. Hertrich referred to was contained in RCW 36.70A.200 but also referenced any other facilities that were difficult to site. The focus of the ordinance was an essential public facility whether by the State's definition or if via the process it could be proved that it was difficult to site. He noted one of the risks of including the list was these provisions were often amended such as the recent addition of security community transition facilities. Referencing the RCW would not require the City's code to be updated as amendments are made to the RCW. He noted in addition to the list in the RCW, the State Office of Financial Management also maintained a list that was frequently out of date. Mayor Haakenson remanded the matter to Council for action. Ord# 3572 Essential Public COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR Facilities APPROVAL OF ORDINANCE NO. 3572. MOTION CARRIED UNANIMOUSLY. City Attorney 8. CITY ATTORNEY ANNUAL REPORT Annual Report City Attorney Scott Snyder remarked that although a City Attorney was not the most lucrative profession, what he liked best was the opportunity to help people make things work. People in Edmonds are sincere in their desire to make the City work and make it a better city even if they may have different views regarding how to accomplish their goals. Mr. Snyder advised although no change was proposed in his budget other than a CPI increase, he requested a change in the billing method, eliminating the retainer and billing on an hourly basis. He assured this would not change the total amount and he was committed to staying within the budget. Edmonds City Council Approved Minutes November 1, 2005 Page 8 Councilmember Moore thanked Mr. Snyder for the excellent job he does for the City. Councilmember Dawson asked how the Council could ensure they were not taking advantage of the City Attorney's time and only utilizing the City Attorney when necessary. Mr. Snyder stated he answered most staff questions via email and his responses could be google- searched from the desktop. With regard to Council inquires, his rule of thumb was one hour — if a question could be answered in one hour, he was happy to do it. If it took longer than an hour, he often provided a brief synopsis and referred the matter to the Mayor's staff or Council President for direction as larger projects that required significant investment of time should be initiated by a majority vote of the Council. For Councilmember Dawson, Mr. Snyder advised the retainer rate in the 2005 budget was $150 /hour and $175 /hour for specialty litigation. He proposed a $200 /hour billing rate. Councilmember Dawson asked whether there was a more efficient way to schedule items on the Council agenda. Mr. Snyder answered he typically attended meetings on the first and third Tuesday as those were when public hearings were scheduled. The most helpful would be not to schedule one brief item requiring the City Attorney on an agenda. Attending numerous Council meetings in other cities throughout the year, he assured the public that the Edmonds City Council had an excellent level of civility and did not use the City Attorney as a way to say no. His goal as City Attorney was to find ways to accomplish things; many Councils ask their City Attorney questions as a way to get out of voting on an issue. Edmonds City Council was good about stating what they wanted to accomplish and allowing staff to find a way to accomplish it. For Councilmember Wilson, Mr. Snyder explained his intent was to remain within the budget amount for basic City Attorney services. The amount budgeted for litigation was an estimate based on history. Councilmember Wilson asked that the Council be informed if it appeared the amount budgeted for the City Attorney would be exceeded. He suggested a quarterly or semi - annual report of Couneilmember's use of the City Attorney's time. Mr. Snyder advised he requested Finance staff provide monthly reports so that the budget could be closely monitored. He assured the City would not be billed for review time and explained his billings list the name of the Councilmember, subject and time. 9. AUDIENCE COMMENTS Taxes Jim Weber, Edmonds, referred to an article in the Herald regarding Edmonds' proposal to increase property taxes 3.6 %. He also inquired about the impact of the utility rate ordinance on tonight's agenda. Respectful of Robert Rhein, Edmonds, expressed concern with the decline in people's attitudes. He asked who others remembered where they were 18 years ago; recalling he was in the Persian Gulf escorting oil tankers, a situation in which he could have lost his life. He expressed frustration with people who complain about building heights and other trivial issues when there were people in the world who did not have access to clean drinking water. He was ashamed and embarrassed by those few people who made such comments every Tuesday night. He urged the public to be more considerate and respectful of each other. He urged the Student Representative to follow his heart and dreams and not let anyone stop him. Respectful of Elaine Nicholson, Edmonds, requested respect and courtesy toward City staff, Councilmembers and Others Mayor. She commended Student Representative Molly Thomson for asking the audience at last week's Council meeting to maintain respect for Councilmembers, that recent displays were not something anyone wanted to watch on TV, and not something the City wanted to be known for. Ms. Nicholson acknowledged everyone was entitled to his /her opinion but it was not acceptable for any citizen to be insulting and make remarks aimed at specific individuals. She was embarrassed as an Edmonds resident to listen to public comments that were degrading to elected officials. She encouraged the public to listen Edmonds City Council Approved Minutes November 1, 2005 Page 9 to themselves and determine how they could present their opinions in a professional rather than a derogatory manner. She congratulated the Edmonds Chamber of Commerce for the great event held downtown on Halloween. Ray Martin, Edmonds, thanked the Council for pulling Consent Agenda Item H, commenting there were Council likely to be problems with that approach. He disagreed with Mr. Snyder's explanation regarding the use Meeting Rules of Procedure/ of RCW 42.17.130 as a tool to control audience participation, asserting that audience participation and the Audience right to criticize public officials was addressed by the third exception, activities that are part of the normal Comments and regular conduct of the office or agency. He also questioned who defined campaigning, recalling Mayor Haakenson considered his entire presentation last week campaigning, however, he defined it as a grievance against Councilmember Wilson for misrepresenting himself on campaign materials. He advised two complaints were filed with the ACLU as a result of last week's meeting. He noted the Council minutes did not accurately reflect the situation at last week's meeting and he planned to prepare a verbatim transcript from the tape. He relayed that he had been commended by several citizens for his comments and criticized by one prominent woman whose criticism he took to heart. He summarized citizens would defend their First Amendment rights. With regard to Mayor Haakenson's statement last week that the Council asked that he not allow campaigning during Council meetings, Mr. Martin advised when he inquired of Councilmember Dawson, she was unaware of this request. Council Rowena Miller, Edmonds, thanked the Council for delaying action on Consent Agenda H, the resolution Meeting Rules to control public comments. She acknowledged there was a lively election campaign underway and of Procedure/ Audience although some may find this campaign negative, others found it matched the Washington Court of Comments Appeals declaration that debate on public issues should be uninhibited, robust and wide open. She implored the Council and Mayor to continue to allow unrestricted audience comments, a procedure that has made Edmonds government accessible and open. She recommended the Council not adopt any restriction on public comment that would conflict with First Amendment free speech rights or give the appearance of conflict. She also recommended the Council refrain from including on the Consent Agenda items that should be discussed in public, as scheduling this resolution on the Consent Agenda gave the impression it was a unanimous agreement made behind the scenes. Council Bruce Nicholson, Edmonds, urged everyone who spoke during audience comment to return to a degree Meeting Rules of civility and professionalism. He noted the Bill of Rights Amendment #1 did not give any citizen the of Procedure/ right to verbally abuse, harass, or demean Edmonds employees and/or Councilmembers; quite the Audience Comments opposite, the First Amendment article provided for the right of people peaceably to assemble. He provided the Webster's definition of peaceably that included fond of, inclined toward, promoting peace, not quarrelsome. He supported the Council passing a resolution that included enforcement for the conduct of audience participation. He suggested a resolution that governed public, professional conduct at Council meetings that would include a three strike rule for violations with a strike occurring when the resolution was violated, and three accumulated violations would disqualify the speaker for a period of three months. He explained this approach would allow the Council to address more important issues affecting residents and the community. He supported enforcement of the existing RCW prohibiting public campaigning and a resolution removing the campaign process from City Council meetings. Council Roger Hertrich, Edmonds, advised he contacted Council President Marin as well as the ACLU Meeting Rules regarding Consent Agenda Item H. He disagreed with Mr. Snyder regarding the RCW, asserting it a diencdure/ applied only to public officials and not the public. If the Council wanted to restrict comment, he Comments recommended public comment be restricted completely; if the Council allowed public comment, the content could not be restricted. He alleged the Council conducted a roving quorum regarding restrictions on public comment, asserting that was the reason Item. H had been removed from the Consent Agenda. He asked Councilmembers who did not ask Mayor Haakenson to restrict public comment to inform the Edmonds City Council Approved Minutes November 1, 2005 Page 10 public. He displayed campaign materials from Councilmember Wilson, questioning his use of photographs of public facilities in his brochure. Don Kreiman, Edmonds, referred to the belligerence displayed at last week's Council meeting, commenting what he saw were angry people afraid of change. He acknowledged the contributions of Mr. Martin in the military and Mr. Hertrich as a former Councilmember and urged them to go back to the behavior of those days. D. J. Wilson, Edmonds, thanked the Council for serving, the City Attorney for demonstrating humility when he wanted a pay increase although it was far below market rate. He also thanked the members of boards and commissions and candidates for public office. A member of the Transportation Advisory Committee, he explained the Committee began meeting in August to educate themselves on the topic and hoped to provide better budgetary recommendations in the future. conduct at Michelle Brets, Edmonds, commented on an impromptu meeting Mayor Haakenson granted her 9 -year old daughter and a friend to discuss ways they could become involved in the community. She and her Meeting daughter have been working on a Council campaign and have been watching Council meetings together. She was saddened that she had to ask her daughter to leave the room during the telecast of last week's Council meeting because the conduct displayed was not appropriate for her daughter to witness. After explaining to her daughter that some people feel they have the right to say hurtful things about others, her daughter responded they were taught at school not to say derogatory, mean and nasty things. She thanked the Councilmembers for everything they do commenting she was inspired to attend meetings and encourage young people to get involved and consider becoming Councilmembers in the future. issue re: I Joan Bloom, Edmonds, reported after presenting an issue related to a small wetland near her home, she Wetland met with Mayor Haakenson the next day who along with Development Services Director Duane Bowman spent two hours answering her questions and facilitating a positive outcome. She thanked Mayor Haakenson and Mr. Bowman for their patience and for the time they spent with her. She advised the text of her inquiry and Mr. Bowman's reply would be in the Edmonds Beacon this week. Property Tax In response to Mr. Weber, Mayor Haakenson advised the Council would be discussing the 3.6% property tax increase again at the Monday, November 7 meeting as well as possibly the two following meetings. He read what the Council approved with regard to the utility ordinance, "Staff recommends Council Utility rates approve a rate ordinance establishing an increase in stormwater rates and decrease in sanitary sewer rates for 2006, in order to accommodate major stormwater capital improvement projects. Looking at each service, this recommendation translates into a 0% increase in water rates, 2.24% decrease in sanitary sewer rates, and an 8% increase in stormwater rates. Last fall the City entered into a contract with FCS Group of Redmond, for a combined utility rate study. A 7% stormwater rate increase was scheduled for 2006. Because of an emergency outfall repair project, a rate increase of approximately 9% was anticipated for the coming year. Further analysis reduced this increase to 8% (58 cents) per month. As part of our annual utility rate study, staff noted that sanitary sewer revenue was holding up well and costs were below projections. As a result, sanitary sewer rates will be reduced by 2.24% so the net impact to the average rate payer will be 0 %." In response to Mr. Hertrich's comment that RCW 42.17.130 applied only to elected officials, Mr. Snyder Use of Public for explained it also prohibited a public official from authorizing the use of an facilities directly or Facilities for p p p g y y Campaigning indirectly, in this case it was the use of the microphone. He pointed out people using the microphone were filmed by the camera which was public equipment operated by a public employee and would be televised on a public access channel using public facilities — clearly utilizing the podium during a Council . meeting for campaigning was a violation of this statute. He offered to review the numerous auditor and Attorney General opinions provided on the subject at the December 6 meeting. Edmonds City Council Approved Minutes November 1, 2005 Page 11 With regard to a candidate having their picture taken in front of a public facility, Mr. Snyder explained the auditor /Attorney General ruling was if the public could be there, anyone could have their picture taken there. He has advised the Fire Department not to roll out the fire engine for a picture but if it was already outside, there was no prohibition against having your picture taken in front of it. Similarly, no one should expect to broadcast a campaign message on the Council meeting camera at public expense. With regard to the suggested rules of conduct, Mr. Snyder suggested the Council consider other cities' rules of conduct. With regard to Ms. Miller's request that the Council not pass a resolution governing conduct, Mr. Snyder explained with or without a resolution, the provisions were in State law and it would be a violation for the Council or Mayor to allow a member of the public to use the microphone for that purpose. Mr. Snyder pointed out that under Roberts Rules of Order, Mayor Haakenson chaired the meeting and if a Councilmember wanted to overrule him, they could do so. He summarized there were many restrictions on campaigns with regard to the use of public facilities and the proposed resolution did not violate anyone's First Amendment rights. With regard to Mr. Martin's assertion related to normal and regular conduct, Mr. Snyder acknowledged criticizing public officials was a fundamental right of every citizen and was normal and regular conduct, but it could not include a statement promoting the election of a specific candidate. With regard to Mr. Martin's question that Council asked for control of campaigning at Council meetings, Mayor Haakenson advised only a majority of four Councilmembers was necessary to provide direction . and five Councilmembers had asked for that control. 10. MAYOR'S COMMENTS Fountain at 5` Mayor Haakenson advised the art and fountain at 5th & Main destroyed in an automobile accident Friday and Main evening had been assessed by the artist and the original or a replica would be built and installed during the second quarter of 2006. Hurricane Mayor Haakenson provided an update on efforts to provide relief to the hurricane - damaged city that Relief Efforts i Edmonds adopted, Bay St. Louis, commenting their needs changed daily. Now that many people were being housed in FEMA trailers with queen -sized beds, there is a great need for queen -sized bedding. Donations are being collected in the Brackett Room of City Hall and a meeting for anyone interested in helping is scheduled for November 3. Emergency In response to Councilmember Moore's request for an article regarding the City's emergency Preparedness preparedness, Mayor Haakenson advised the article will be in this week's edition of the Edmonds Beacon. 11. COUNCIL COMMENTS November 7 Council President Marin advised the full Council would meet on Monday, November 7 following Council Council Meeting committee meetings for a budget workshop as well as another scheduled item. Councilmember Moore commented her teen did not like to watch Council meetings but loved to listen to Public the cunnud eons speak. She did not support scheduling the resolution regarding public comment on the Comments at g p pp g g g p Council Consent Agenda, noting she had not been asked and there had not been a roving quorum as far as she Meetings knew. She found the recent outbursts quite fun, noting she has never had as much public sympathy as she has had in the past week. She encouraged the public to "bring it on." Councilmember Moore appreciated Edmonds City Council Approved Minutes November 1, 2005 Page 12 Mr. Martin serving during wartime, noting in her career as a journalist she too had been in several war zones. Councilmember Moore acknowledged the Council could decide to stop televising Council meetings, however, as a service to the public, a handful of people should not be able to prevent the convenience the televised meeting provided residents to see the Council at work. She did not support restricting anyone's right to speak. Councilmember Moore urged the public to be prepared for any disaster. Councilmember Moore reported Homecoming on the homecoming parade, an example of a small town event. She advised the high school taped the Parade parade and plans were underway to have an edited version displayed on Channel 21. Public Safety With Councilmember Orvis' approval, Councilmember Dawson rescheduled the November 7 Public Committee Safety Committee meeting to 6:45 p.m. Councilmember Dawson reported on the first meeting of the panel to review the Mediated Role Determination of the potential expansion of Paine Field. She Paine Field anticipated this group would develop a good product; their next meeting will include a tour of Paine Field. Councilmember Dawson thanked audience members who spoke tonight, commenting the civility and appropriate comments demonstrated there was no need for a resolution. She agreed the Council did not need to even appear to be restricting the public's speech. She reminded everyone to vote on Tuesday, November 8. Halloween Councilmember Olson thanked the downtown merchants who participated in the Halloween event. CS/DSWith the approval of Councilmember Moore, Councilmember Wilson rescheduled the November 7 Committee Community/Development Services meeting to 6:30 p.m. He reported on his participation as a homecoming judge at the high school, noting it was a wonderful experience to witness the students' enthusiasm and exuberance. He welcomed Student Representative Steven Landry and looked forward to his participation. Student Representative Landry thanked the City for allowing the high school to have the homecoming parade downtown. He also thanked the local merchants who displayed their fall sports posters. He referred to Mr. Snyder's comment that a speaker could not promote the election of a specific candidate and asked if a speaker could urge the public not to vote for a specific candidate. Mr. Snyder agreed neither was appropriate,public facilities could not be used to promote or oppose a specific candidate. Mayor Haakenson agreed the merchants did a great job on Halloween,noting this year's event was nearly EventHalloWeen double the size of last year's event. He recalled hearing some people remark they had not seen some of the stores, anticipating many would return to shop. He reported on his participation as a homecoming judge and watching the homecoming parade. He thanked students for presenting him with a hat and plaque. With no further business,the Council meeting was adjourned at 9:05 p.m. 7 AIM (64.....„ G• ' H• • . I `ON, MAYOR SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes November 1,2005 Page 13 AGENDA t �.' EDMONDS CITY COUNCIL ��� Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. NOVEMBER 1, 2005 7:00 p.m. - Call to Order and Flag Salute 1. Approval of Agenda 2. Consent Agenda Items A. Roll Call B. Approval of City Council Meeting Minutes of October 25, 2005. C. Approval of claim checks #83317 through #83458 for the week of October 24, 2005, in the amount of$230,893.28.* *Information regarding claim checks may be viewed electronically at www.ci.edmonds.wa.us D. Report on bids opened on October 4, 2005, for the Edmonds Memorial Cemetery Improvements Project and award of contract to Ohno Construction ($710,464.00, including tax). E. Report on bids received on October 13, 2005, for the purchase of one Fire Rescue Boat. Authorization to reject bid and readvertise for bids. F. Authorization for the Mayor to execute a contract with the State Department of Ecology for a grant in the amount of $140,000 to complete a Comprehensive Shoreline Master Program update, and authorization for staff to advertise for statements of qualification from consultants to undertake the project. G. Authorization of Resolution to submit grant application for the 2006 Snohomish County CDBG Capital Program for Senior Center improvements. H. Proposed Resolution amending the rules of procedure to prohibit public comments which inappropriately utilize public facilities for campaign purposes. 3. (5 Min.) Approval of Mayor's appointment of Doug Fair to a four-year term as Edmonds Municipal Court Judge. 4. (5 Min.) Introduction of new Student Representative Steven Landry. Page 1 of 2 CITY COUNCIL MEETING AGENDA NOVEMBER 1, 2005 5. (60 Mina 2006 Budget A. Public Hearing on the 2006 Budget Including Revenue Sources B. Approval of the 2006 Property Tax Ordinance C. Approval of the Utility Rate Ordinance D. Possible Adoption of the 2006 Budget Ordinance 6. (30 Min.) Public Hearing on the Planning Board's recommendation on proposed amendments to Title 21 Edmonds Community Development Code (ECDC) regarding the definition of"Families." 7. (30 Mina Public Hearing on the Planning Board's recommendation on proposed amendments to Title 20 Edmonds Community Development Code (ECDC) addressing the regulation of Essential Public Facilities. 8. (10 Min.) City Attorney Annual Report 9. Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings. 10. ( 5 Min.) Mayor's Comments 11. (15 Mina Council Comments ADJOURN Parking and meeting rooms are accessible for persons with disabilities. Please contact the City Clerk at(425) 771-0245 with 24 hours advance notice for special accommodations. A delayed telecast of the meeting appears on cable television-Government Access Channel 21. Page 2 of 2