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08/12/1997 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES AUGUST 12, 1997 The Edmonds City Council meeting was called to order at 7:01 p.m. by Mayor Barbara Fahey in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President John Nordquist, Councilmember Roger L. Myers, Councilmember Jim White, Councilmember Dick Van Hollebeke, Councilmember Gary Haakenson, Councilmember Thomas A. Miller, Councilmember STAFF PRESENT Michael Springer, Fire Chief Art Housler, Administrative Services Director Jeff Wilson, Current Planning Supervisor Noel Miller, Public Works Manager Scott Snyder, City Attorney Sandy Chase, City Clerk Jeannie Dines, Recorder Mayor Fahey announced the Council would address one item before adjourning to Committee meetings. 1. APPROVAL OF AGENDA COUNCILMEMBER HAAKENSON MOVED, SECONDED BY COUNCILMEMBER NORDQUIST, FOR APPROVAL OF THE AGENDA. MOTION CARRIED. 2. FLTi L COUNCIL REVIEW AND CONSIDERATION OF INITIATIVE PETITION Initiative Petition City Attorney Scott Snyder explained the City received notification today from the Snohomish County Auditor indicating the initiative petition provided to the City has been certified as having sufficient signatures to be placed on the ballot. He explained the State Initiative Statute provides that when the City Council is presented with an initiative petition that has been certified as having sufficient valid signatures, the Council has two options, pass the initiative ordinance or place the initiative ordinance on ballot for the next general election. He advised his previous opinion to the Council indicated portions of the initiative regarding fine-tuning and administration of transport fees were in excess of the powers granted under the initiative statute. He noted under State Statute, limited powers were available to citizens under the power of initiative; they are intended to start programs, not to fine-tune and administer. The Edmonds City Council, via passage of an ordinance, have authorized citizen's initiative powers. He noted the portion of the initiative which would levy the full $.50 for six years would likely be upheld; the initiative ordinance the City provided has a separability clause which requires each section to stand on its own. In his opinion, the remaining provisions in the ordinance were not proper subjects of an initiative. Mr. Snyder explained, if the Council chose not to pass the initiative in its entirety, the City could proceed in two ways, first decline to place the matter on the ballot. If the Council gook this action, the circulators of the petition would have 20 days to bring an action in Superior Court to compel the City to place the Edmonds City Council Approved Minutes August 12, 1997 Page 1 matter on the ballot. Second, the Council could pass an ordinance placing the matter on the ballot and, if the Council chose, challenge the initiative. He pointed out there were political ramifications if the Council declined to place the matter on the ballot. He noted only six weeks remained until the County Auditor must know ballot items. Mr. Snyder indicated the ordinance he prepared would place the matter on the ballot and would be effective five days after passage and publication. If the Council authorizes him to challenge the initiative, he would do so as soon as the ordinance is effective. Councilmember Van Hollebeke requested clarification of the process if the Council were to authorize Mr. Snyder to obtain a legal opinion on the validity of the initiative. Mr. Snyder explained he would bring an action for declarative judgment, asking the court to determine whether the initiative's provisions are valid exercises of the initiative powers, combined with an injunction requesting the word of the court to the Snohomish County Auditor to remove the matter from the ballot. Councilmember Van Hollebeke asked for a cost estimate for this action. Mr. Snyder estimated it would cost approximately $7,000 - $10,000 if the matter was settled at the Superior Court level. He advised he would couple the City's action with a motion for summary judgment and a request for the court to make a decision within the next six weeks. Further, any cost estimate would also depend on whether there was an appeal. Councilmember Van Hollebeke asked if it was reasonable to expect an expeditious judgment and decision could be made within six weeks. Mr. Snyder answered the courts have traditionally worked hard to meet those deadlines particularly in this instance which affects the County's ability to print ballots for the general election. He pointed out the petition circulator's timetable was unknown. Councilmember Van Hollebeke noted the agreement of both parties for an expeditious process would hasten the process. Mr. Snyder agreed, and pointed out if a decision was not made by the November general election, it could be set over to a special election date. If authorized to move forward with the lawsuit; he planned to move forward as expeditiously as possible to limit the negative impacts to the accounting of the citizens of the City. Councilmember Van Hollebeke asked if there was a possibility that a portion of the initiative could be passed. Mr. Snyder said he would hope that if the court needed more time to render an opinion, it would choose the option to hold the matter for a special election by mail -out ballot. If the Council passes the ordinance tonight, the City has complied with its statutory directive—to place the matter on the next ballot. He noted the Court likely would attempt to attain an expeditious decision to make the November ballot. Council President Earling asked the cost of placing the initiative on the November ballot. City Clerk Sandy Chase explained costs were minimal for placing an issue on a primary or general election ballot because the ballots are already being distributed. If a special election was held, costs would be more significant—likely in the $10,000 range. Mr. Snyder noted costs would be included in the argument to the court for an expeditious determination. Councilmember Miller asked what the statute of limitations was for filing an injunction if the City allowed the issue to go forward. He noted by November, this may be a mute issue in view of Lynnwood's proposal to take over Medic 7. Mr. Snyder advised if the Council chose to go forward, it had several options including refusing to enact the provisions of the ordinance after the election. The Council's ability to challenge would not be impaired by the passage of the ordinance but may create public relation difficulties. Edmonds City Council Approved Minutes August 12, 1997 Page 2 Councilmember Haakenson pointed out this was a confusing issue to the casual observer—the Council was discussing placing an initiative on the ballot as well as an injunction to stop it from reaching the ballot. He asked if the Council had a responsibility to ensure a ballot item was legally correct. Mr. Snyder explained the Initiative Statute anticipates there may be situations when a City Council refuses to act and provides initiators 20 days to bring an action. By an injunction, the Council would be proactively asking the court to review the matter. Council President Earling said although he was personally supportive of many of the principles set forth in the petition, the City Attorney has advised the petition will not stand the test of the courts, advice he takes seriously. He pointed out 3,700 of the 4,600 signatures gathered on the petition were judged to be valid which indicated there were 3,700 citizens who have indicated this is an issue on which they want to have an opportunity to express themselves. He pointed out the Council had the responsibility to allow the petition to move forward to the ballot but also to determine, hopefully before the September 19 deadline, whether the petition will stand the test of the courts. While he is supportive of many of the principles in the petition, he could not support a fundamental principle that takes budget priority away from the City Council. This would eliminate the Council's ability to prioritize the City's budget and the Council would forfeit its responsibility to the citizens if this issue was allowed to move forward unchallenged. Therefore, he supported passage of the draft ordinance. Councilmember Miller agreed with Council President Earling's comments regarding allowing the issue to move forward although he, too, shared some of the petition makers' philosophies. However, he pointed out the maker of the petition was quoted in the August 6 edition of The Edmonds Paper acknowledging he was aware that administrative issues in the petition perhaps would not prevail at the legal level. Councilmember Miller pointed out it would be malfeasance for the Council not to challenge the issue as it would cost a substantial amount to challenge it at a later date. Ord. #3157 - COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCIL PRESIDENT EARLING, Decline to FOR APPROVAL OF ORDINANCE NO. 3157. MOTION CARRIED. THE ORDINANCE READS Enact AS FOLLOWS: Initiative Petition Ordinance; AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, ENACTED PURSUANT TO Place on Nov. Ballot RCW 3.17.260 DECLINING TO ENACT AN ORDINANCE PRESENTED BY INITIATIVE PETITION, CALLING A SPECIAL ELECTION TO BE HELD IN CONJUNCTION WITH THE NOVEMBER GENERAL ELECTION FOR SUBMISSION OF THE PROPOSED INITIATIVE ORDINANCE TO A VOTE OF THE PEOPLE, INSTRUCTING THE CITY CLERK REGARDING PRESENTATION AND PUBLICATION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, THAT THE CITY COUNCIL AUTHORIZE THE CITY ATTORNEY TO PROCEED WITH WHATEVER LEGAL STEPS NECESSARY TO DETERMINE IF IN FACT THE PETITION IS VALID. MOTION CARRIED. Mr. Snyder clarified the Council wished to pursue this matter in an expeditious manner to attempt to obtain a judicial determination prior to the November ballot. Councilmembers concurred. The Council meeting was adjourned to Committee meetings at 7:23 p.m. BARBARA S. FAH Y', HAYORSANDRA S. CHASE, CITY CLERIC Edmonds City Council Approved Minutes August 12, 1997 Page 3 1 r AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. AUGUST 12, 1997 COMMITTEE WORK MEETING (Second Tuesday of Each Month) The three City Council committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not public hearings. The Council will first meet together as a full Council, and will then meet separately as committees in different meeting rooms as indicated below. CALL TO ORDER - 7:00 P.M. FLAG SALUTE 1. FULL COUNCIL REVIEW (Large Plaza Meeting Room, Library Building, 650 Main Street) (A) (3o Min.) CONSIDERATION OF INITIATIVE PETITION ADJOURN TO COMMITTEE MEETINGS 2. PUBLIC SAFETY COMMITTEE (Small Plaza Meeting Room, Library Building, 650 Main Street) (A) (3o Min.) DIVE/RESCUE TEAM - REPORT ON WAC'S (B) (30 Min.) EDMONDS DIVE/RESCUE BOAT COMMITTEE (C) (20 Min.) REVIEW AND RECOMMENDATION REGARDING LYNNWOOD PROPOSAL TO TAKE OVER MEDIC 7 (D) (30 Min.) REPORT ON EMERGENCY MEDICAL SERVICES (E) (15 Min.) PROPOSAL TO PROVIDE HALF-TIME ANIMAL CONTROL AND ORDINANCE ENFORCEMENT SERVICES TO CITY OF MOUNTLAKE TERRACE 3. COMMUNITY SERVICES COMMITTEE (Large Plaza Meeting Room, Library Building, 650 Main Street) (A) (2o Min.) FOLLOW-UP DISCUSSION ON SANDWICH BOARD ORDINANCE (B) (20 Min.) NEXT MODIFICATIONS TO THE COMPREHENSIVE PLAN (C) (15 Min.) DISCUSSION ON NON -CONFORMING LOT WIDTHS (D) (10 Min.) UPDATE ON SENIOR CENTER STRUCTURAL REPAIRS (E) (2o Min.) REVIEW OF SNOW AND ICE CONTROL PROGRAM (F) (2o Min.) REVIEW AND RECOMMENDATION REGARDING LYNNWOOD PROPOSAL TO TAKE OVER MEDIC 7 (G) (5 Min.) DISCUSSION OF FLORAL ARTS CENTER PERMIT APPROVAL STATUS Page 1 of 2 EDMONDS CITY COUNCIL MEETING AGENDA AUGUST 12, 1997 Page 2 of 2 4. FINANCE COMMITTEE (Anderson Center, 700 Main Street, Room 113) (A) (15 Min.) REVIEW MISSION STATEMENT/JOB DESCRIPTION OF FINANCE COMMITTEE (B) (15 Min.) DISCUSS REVENUE FORECAST FOR 1998 BUDGET (C) (20 Min.) REVIEW AND RECOMMENDATION REGARDING LYNNWOOD PROPOSAL TO TAKE OVER MEDIC 7 (D) (5 Min.) APPROVAL OF.PETTY CASH EXPENDITURES FOR THE MONTH OF JULY 1997 parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice fo opecial accommodations. The Council Agenda appears on Chambers Cable, Channel 32.. The meeting will be televised on Channel 32 thi ollowing Wednesday, Monday and Friday at noon. 1