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
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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
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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.
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