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05/01/2001 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES MAY 19 2001 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Gary Haakenson in the Council Chambers, 250 5`h Avenue North, Edmonds, followed by the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Thomas A. Miller, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Christopher Davis, Councilmember Richard Marin, Councilmember STAFF PRESENT Greg Wean, Acting Police Chief Stephen Clifton, Community Services Director Brent Hunter, Human Resources Director Arvilla Ohlde, Parks and Recreation Director Dave Gebert, City Engineer Frances Chapin, Cultural Resources Coordinator Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER MARIN, TO hange to ADD A PROCLAMATION REGARDING THE ROTARY INTERNATIONAL 50", genda ANNIVERSARY TO THE CONSENT AGENDA, ADD A PROCLAMATION REGARDING SCANDINAVIAN FESTIVAL DAY AS ITEM 3A, AND MOVE AUDIENCE COMMENTS TO ITEM 3B. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER DAVIS MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Marin requested Item B be removed from the Consent Agenda. COUNCILMEMBER MILLER MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL pprove (C) APPROVAL OF CLAIM CHECKS #47835 THROUGH #47975 FOR THE WEEK OF laim APRIL 23, 2001, IN THE AMOUNT OF $428,815.75 Checks r (D) APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD Edmonds City Council Approved Minutes May 1, 2001 Page I Treatment ]ant eorgani- (E) PROPOSED WASTEWATER TREATMENT PLANT REORGANIZATION AND tion APPROVAL OF JOB DESCRIPTIONS epair to [Incinerator (F) REPORT ON BIDS RECEIVED FOR THE REPAIR TO THE INCINERATOR AND RELATED EQUIPMENT AND AWARD TO CH MURPHY/CLARK ULLMAN FOR AN AMOUNT NOT TO EXCEED $41,500 (Not Including Sales Tax) orthbend Disposal of iosolids (G) AUTHORIZATION FOR MAYOR TO SIGN AN ADDENDUM TO INTERLOCAL AGREEMENT WITH THE CITY OF NORTH BEND FOR DISPOSAL OF BIOSOLIDS H2M Hill greement (IT) AUTHORIZATION FOR MAYOR TO SIGN AN ADDENDUM TO THE PROFESSIONAL National SERVICES AGREEMENT WITH C112M HILL Day of Prayer (1) PROCLAMATION IN HONOR OF NATIONAL DAY OF PRAYER, MAY 3, 2001 Senior enter Week (J) PROCLAMATION IN HONOR OF SENIOR CENTER WEEK, MAY 13 —19, 2001 Municipal (K) PROCLAMATION IN HONOR OF MUNICIPAL CLERKS WEEK, APRIL 29 — MAY 5, Jerks Week 2001 RotaryInt'I (L) PROCLAMATION IN HONOR OF THE ROTARY INTERNATIONAL 50TH 50"' Anniv. ANNIVERSARY, MAY 14, 2001 Item B: Approval of City Council Meeting Minutes of April 24, 2001 Councilmember Marin requested his comments on page 9 of the April 24, 2001 City Council Minutes regarding the Public Facilities District be included in the minutes verbatim. Approve COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER PETSO, FOR /24/01 APPROVAL OF ITEM B AS AMENDED. MOTION CARRIED UNANIMOUSLY. The item Minutes as approved is as follows: Amended (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF APRIL 24, 2001 3A. PROCLAMA_TION IN HONOR OF SCANDINAVIAN FESTIVAL DAY IN EDMONDS, MAY 5, Scandinavian 2001 estival Day Mayor Haakenson read a Proclamation in honor of Scandinavian Festival Day in Edmonds, May 5, 2001 and presented it to Bob and Erlene Stevenson. Mr. Stevenson invited the public to the pancake breakfast, Saturday May 5 from 7:00 a.m. to 1:00 p.m. Mrs. Stevenson invited the public to the arts and crafts display, demonstration and sale at the Masonic Center beginning at 9:00 a.m. Throughout the day until 4:00 p.m., music and dance performances will be presented by several groups in the Puget Sound area. Mayor Haakenson thanked the Stevensons for their efforts to coordinate the event. 3B. AUDIENCE COMMENTS Filters on Sandra Cosby, 16817 Larch Way, Lynnwood, requested the City petition Sno-Isle Regional Library Internet Terminals at System to install filters on all internet terminals to prevent children and minor adults from accessing he Library pornography via library computer terminals. She said Sno-Isle currently had filters installed on terminals designated for children but children also had access to other terminals throughout the library. She Edmonds City Council Approved Minutes May 1, 2001 Page 2 1 rs on n ernet erminals at e Library expressed concern that children who visit the library, which was considered a safe place, could access pornography without their parents' knowledge.;' Stephanie C6stantino, 1967 Bartl Drive, Camano Island, referred to the upcoming vote on annexation to the Sno-Isle Library and said Sno-Isle's internet use policy allowed free, unfiltered internet access at all terminals except terminals in the children's section. She said this inadequate policy resulted in a number of incident reports and complaints to Sno-Isle. She acknowledged Sno-Isle had filters in the children's area but noted children could use terminals throughout the library. In response to third -parry viewing of pornography, Sno-Isle purchased and installed Nova desks (whose purpose was to prevent third party viewing) at a cost of $588 per desk. She said the Sno-Isle libraries have become a magnet for individuals seeking free internet access to view pornography, making the library similar to an adult arcade. She recommended Sno-Isle change their internet use policy, install filters on all terminals, and refrain from further wasteful purchases of Nova desks. She cited the United States Criminal Code regarding transmission of obscenity and pornography and said 1,446 libraries nationwide filter all terminals. She urged the City to request Sno-Isle install filters on all terminals. Bond Les Blume, 19026 Olympic View Drive, Edmonds, distributed a list of voter -approved property tax Amount ens aremeasures for capital purposes that were outlined in the Snohomish County Assessor's annual report. He AssessedCiticommented the bond amount citizens were assessed, including schools, totaled $17+ million. He urged the Council to consider the amount citizens paid for bond issues. He speculated the cost of litigation for the Public Safety Complex would be $3 - 5 million. He urged the City to consider new legal counsel due to his concern with the way issues associated with construction of the Public Safety Complex had been handled. Mayor Haakenson pointed out Mr. Blume identified his comments regarding the $3 —5 million cost of litigation as speculation; the Council budgeted $200,000 for any litigation costs in 2001. Don Tuttle, 10816 17th Place W, Everett, expressed concern with children in Edmonds as well as Filters Internet children throu hout Snohomish Coun havin access topornographyvia the libra internet. He was g �' g �' erminals at also concerned if annexation was approved on May 15, the Council would lose the ability to adjust the e Library library contract to require filters on all terminals. He noted this issue had been discussed extensively with the Sno-Isle Library Board. He urged the Council to consider requiring Sno-Isle to install internet filters on all computer terminals. Filters on Al Rutledge, 7101 Lake Ballinger Way, Edmonds, referred to a letter he provided to Mayor Haakenson Internet and the Edmonds Beacon regarding internet access. He recalled there had been efforts as early as 1998 to Terminals at request Sno-Isle install filters on library computers. He commented Sno-Isle planned to hold public he Library meetings throughout the area to discuss this issue. He next referred to a Sound Transit meeting held earlier this year where audience members were limited to 1'/2 minutes to provide comment. ibr Leslie Caplan, 23027 102nd Place W, Edmonds, expressed concern with the discussion regarding the ne ation annexation to Sno-Isle. She explained the library was very important to her and her family and approval of annexation would stabilize the library's funding. She noted Sno-Isle providing filters on library computers was a separate issue from annexation. rexation Roger Hertrich, 1020 Puget Drive, Edmonds, urged citizens to vote against annexation to Sno-Isle library because if they voted yes, taxpayers would pay $500,000 more for the same service. He commented the citizens of Edmonds built and paid for the library and now Sno-Isle wanted the City to annex into the Library District. He suggested citizens vote no on annexation if they wanted the Council Edmonds City Council Approved Minutes May 1, 2001 Page 3 to represent the City in spending tax dollars for the library but to vote yes if they wanted an unrelated taxing district, the Library Board, to make decisions regarding the amount collected. He said the City currently collected $1 million to fund the library; voting yes on annexation would result in extra taxes while the City continued to collect the $1 million. He urged citizens to vote no on annexation. ibrary Elaine Yard, 9209 Olympic View Drive, Edmonds, said according to Councilmembers Orvis and [Annexation Councilmember Petso, the library was funded in the budget for the next three years. Regarding the alleged pornography issue at the library, she asked what the City's liability was if there was a criminal element in the library that impacted children. Filters on In response to comments regarding filtering, Mayor Haakenson advised Sno-Isle Regional Library Internet appointed a special committee to investigate possible solutions to the problem with the Internet. The Terminals at committee has heard from the S.A.V.E. group and is deliberating how to address these concerns. Sno- he Library Isle has scheduled several community meetings including a meeting in Monroe on May 31, on June 24 in Oak Harbor, on June 6 in Lynnwood and on June 7 in Marysville. Mayor Haakenson commented this issue included significant constitutional questions that had yet to be resolved in the courts. Mayor Haakenson noted the issue was the same whether Edmonds had a contract with Sno-Isle or nnex annexed to the Sno-Isle Libra District. He said the CityCouncil passed a resolution in support of vexation �' P PP annexation to stabilize and guarantee funding for the Edmonds library and to change the form of payment for services for the Edmonds library in order to maintain the existing levels of service. He noted although the City and Council were concerned with filtering, that was not the issue. This was a constitutional issue that Sno-Isle would address regardless of whether the City continued to contract with Sno-Isle or annexed to the District. Council President Earling prefaced his comments that his .concern was not whether the public had the right to provide comments as proponents for filtering, because that issue was not before the Council and the Library Board was following a course of action including forming a committee as Mayor Haakenson described. He was concerned with members of the public superimposing their view over an important election in the community, an election whose focus was not Internet access. He acknowledged Internet filtering was an issue of concern but objected to those who inferred that perhaps there would not be a ibrary successful election due to this issue. He stressed the issue before the community was a financial shortfall vexation and was disappointed with speakers who suggested the community should not act on the important issue of annexation. With regard to the information Les Blume provided, Councilmember Plunkett asked about the two $72 million dollar bonds Mr. Blume underlined on the list of voter approved property tax measures. Mayor Haakenson advised these were School District bonds. Mayor Haakenson said the only City bonds were the $9.3 million bond for the Public Safety building in 1996 and the annual $1.5 million EMS levy. Filters on Councilmember Miller referred to the concern expressed over Internet access, noting that issue Internet dovetailed with the issue of unsolicited pornography available via basic cable services provided by Terminals at AT&T. He said this issue was of great concern to the Council and particularly to him due to the he Library secondary issues associated with pornography. He offered to attend one of Sno-Isle's community meetings as the Council's representative and report to the Council regarding Sno-Isle's actions. ublic Facilities 4. DISCUSSION OF TIMELINE RELATED TO FORMATION OF EDMONDS PUBLIC District FACILITIES DISTRICT Community Services Director Stephen Clifton explained on April 24, the Council passed a Public Facilities District (PFD) ordinance and requested staff prepare information regarding the timeline for Edmonds City Council Approved Minutes May 1, 2001 Page 4 forming a PFD and the market demand and feasibility study. He reviewed the two scenarios described in the Council packet. Under the first scenario; the City would` initiate management of the consultant who performed the market demand and feasibility study concurrent with the formation of the PFD. The City's management of the consultant and performing the study would take 7.25 months. Concurrent with the performance of the study, the PFD would be formed. Formation of the PFD including preparation of the charter, preparing boardmember qualifications and advertising, interviewing, selecting and confirming boardmembers would take 3.25 months. Mr. Clifton reviewed the second scenario, formation of the PFD followed by the PFD managing the market demand and feasibility study. He said the timelines were approximately the same 7 months to manage and perform the market demand and feasibility study and 3.25 for to form the PFD, but when not performed concurrently, the process would take a total of 10.25 months. Mr. Clifton explained the first decision for the Council was whether the City would manage the consultant performing the study or whether the PFD would manage the consultant. If the Council decided the City should manage the consultant, the Council needed to determine which staff member would manage the consultant. He highlighted initial actions that would be necessary to form the PFD board, including reviewing a charter and. interlocal agreement prepared by the City Attorney, and boardmember qualifications, advertising, and selection. Councilmember Davis referred to Scenario 1 and asked whether the City could be reimbursed by the PFD for the cost of the market demand and feasibility study once the PFD was formed. Mr. Clifton answered the City would be required to enter into an interlocal agreement with the PFD to receive reimbursement for a portion of the study cost. City Attorney Scott Snyder said the interlocal agreement, charter, and resolution would be reviewed and approved by the Council prior to the first PFD board meeting. The PFD Board's first order of business would be review and approval of the charter and interlocal agreement. The City would undertake the preliminary consultant selection but the consultant contract would provide the ability for the City to curtail the study if the PFD did not agree to reimburse the City. Councilmember Davis asked whether staff time and resources expended prior to the formation of the PFD could be credited as matching funds. Mr. Clifton answered yes. Councilmember Marin asked who the likely candidates for managing the consultant would be. Mr. Clifton said in the absence of an Economic Development Manager/Director, he would be the most logical staff member as he participated on the 3CH PAC committee and researched the issues for the Council. He said the question remained whether his existing workload would allow him to take as much time as would be necessary to do this work. Mayor Haakenson said if the decision was made to have staff manage the consultant, Council President Earling and he would prioritize the projects Mr. Clifton was working on. Mayor Haakenson assured something would suffer. Councilmember Marin asked whether Scenario 1 was a viable approach. Mr. Clifton answered yes. Council President Earling asked whether under Scenario 1 the PFD could be formed and the boardmembers appointed by mid -August and the study completed by year-end. Mr. Clifton answered yes. Council President Earling said Scenario 1 was the better choice if there was to be any chance of completing the necessary tasks to break ground on the project by January 2003. Mr. Snyder introduced attorney Zach Lell who would be working on the formation of the PFD. Edmonds City Council Approved Minutes May 1, 2001 Page 5 Councilmember Marin spoke in favor of Scenario 1 as it provided an opportunity for additional control as well as moving the process forward as quickly as possible. COUNCILMEMBER MARIN MOVED, SECONDED BY COUNCILMEMBER MILLER, FOR THE CITY TO INITIATE MANAGEMENT OF THE MARKET DEMAND AND FEASIBILITY STUDY. MOTION CARRIED UNANIMOUSLY. 5. MAYOR'S COMMENTS Mayor Haakenson advised the Council would not meet as a whole on May 8 but would be meeting separately in committees. The Council meeting the following week would be held on Monday, May 14 May 14 due to the election on Tuesday, May 15. He advised the May 14 meeting included public hearings on Special 1 Adopting an Interim Zoning Regulation and Moratorium on the Processing of Building Permit Council ) p g g g g g Meeting Applications for the Establishment or Expansion of Community Churches on Collector Streets within the City and 2) Amending the Edmonds Community Development Code Regarding Residential Parking Standards for All Zoning Classification Except for the BC Zone. Recognition Mayor Haakenson read a Certificate of Appreciation presented to Parks and Recreation Director Arvilla f Award - Ohlde from the membership of the National Association of State Outdoor Recreation Liaison Officers in Arvilla . Ohlde recognition of her hard work and dedication to the conservation and enhancement of the nations natural, cultural and recreation resources. Mayor Haakenson thanked Ms. Ohlde for the great job she does for the City. 6. COUNCIL COMMENTS Council President Earling referred to what may have been considered harsh comments he made earlier, clarifying his comments were not intended to downplay the issue of pornography, a concern all communities shared. His concern was with the speakers overlaying their topic on the issue before the voters. National Councilmember Petso congratulated the six students from Sherwood Elementary who participated in the Chess am Scholastic National Chess Championship and won two national team trophies and nine individual Champion- p P P ship awards. She commented former Student Representative Tyler Fisher had been a Sherwood Elementary Chess Club member, noting these students were often involved in the community in the future. Councilmember Miller congratulated Councilmember Davis on his recent birthday. He also congratulated Councilmember Marin on his promotion to Captain in the Naval Reserves. Executive • EXECUTIVE SESSION REGARDING LEGAL MATTERS Session Mayor Haakenson adjourned the Council to Executive Session at 7:50 p.m. for discussion of legal matters. He advised the Executive Session was scheduled for 45 minutes. No action would be taken and the Council would adjourn immediately following the Executive Session. VARY KENSON, MAYOR SANDRA, S. CHASE, CITY CLERK Edmonds City Council Approved Minutes May 1, 2001 Page 6 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North 7:00 - 10:00 p.m. MAY 11 2001 7:00 P.M. - Call to Order Flan Salute 1. Approval of Agenda 2.. Consent Agenda Items (A) Roll Call (B) Approval of City Council Meeting Minutes of April 24, 2001 (C) Approval of Claim Checks 947835 through 947975 for the Week of April 23, 2001, in the Amount of $428,815.75. (D) Approval of List of Businesses Applying for Renewal of Their Liquor Licenses with the Washington State Liquor Control Board (E) Proposed Wastewater Treatment Plant Reorganization and Approval of Job Descriptions (F) Report on Bids Received for the Repair to the Incinerator and Related Equipment and Award to CH Murphy/Clark Ullman for an Amount Not to Exceed $41,500 (Not Including Sales Tax) (G) Authorization for Mayor to Sign Addendum to Interlocal Agreement with the City of North Bend for Disposal of Biosolids (H) Authorization for Mayor to Sign an Addendum to the Professional Services Agreement with CH2M Hill (1) Proclamation in Honor of National Day of Prayer, May 3, 2001 (J) Proclamation in Honor of Senior Center Week, May 13 - 19, 2001 (K) Proclamation in Recognition of Municipal Clerks Week, April 29 - May 5, 2001 3. Audience Comments (3 Minute Limit Per Person) Page 1 of 2 CITY COUNCIL MEETING AGENDA MAY 1, 2001 Page 2 of 2 4. (30 Min.) Discussion of Timeline Related to Formation of the Edmonds Public Facilities District 5. ( 5 Min.) Mayor's Comments 6. (15 Min.) Council Comments 7. (45 Min.) Executive Session Regarding Legal Matters 1 Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda as well as a delayed telecast of the meeting appears on AT&T Cable, Channel 21.