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07/20/2010 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES July 20, 2010 The Edmonds City Council meeting was called to order at 7:08 p.m. by Mayor Pro Tem Bernheim in the Council Chambers, 250 5`'' Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Steve Bernheim, Mayor Pro Tem Strom Peterson, Council President Pro Tem D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley- Monillas, Councilmember Diane Buckshnis, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Al Compaan, Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Rob Chave, Planning Manager Rob English, City Engineer Bertrand Hauss, Transportation Engineer Leonard Yarberry, Building Official Debi Humann, Human Resources Director Carl Nelson, CIO Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM PETERSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. Councilmember Plunkett requested the Council consider removing Agenda Item 4, Public Hearing to Seek Public Comment on a Proposed Change to a City Manager - Council Form of Government, noting the agenda item should also state "and Potential Action." He anticipated removing this agenda item would save time because he did not plan to propose any action tonight or within the next few months. The public would have an opportunity to speak to the issue during Audience Comments. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO HAVE THE COUNCIL CONSIDER REMOVING ITEM 4 FROM THE AGENDA. Mayor Pro Tem Bernheim agreed with removing this item from the agenda; if anyone wanted to comment on this topic, they could do so under Audience Comments. Councilmember Wilson objected to removing this agenda item, noting there were a number of people attending tonight's meeting specifically for that item. He suggested taking a vote and if the Council did not want to place a measure on the ballot to change to a City - Manager form of government, he would offer a resolution that the Council no longer consider this matter. Councilmember Plunkett did not object to holding the public hearing or a Councilmember making a motion regarding the topic. The intent of his suggestion to remove this item from the agenda was to save the Council 30 -60 minutes for public comment and Council discussion. Edmonds City Council Approved Minutes July 20, 2010 Page 1 COUNCILMEMBER PLUNKETT WITHDREW HIS MOTION WITH THE AGREEMENT OF THE SECOND. MAYOR PRO TEM BERNHEIM MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REMOVE THE PUBLIC HEARING TO SEEK PUBLIC COMMENT ON A PROPOSED CHANGE TO A CITY MANAGER - COUNCIL FORM OF GOVERNMENT FROM THE AGENDA. Council President Pro Tern Peterson commented there were many people present for that agenda item. Regardless of whether the Council chose to move forward with a ballot measure, this was an opportunity for a discussion. He did not support removing the item from the agenda, preferring to talk about it while so many members of the public were present. Councilmember Petso was satisfied with removing the item from the agenda as the public would have an opportunity to speak to the topic under Audience Comments and it was unlikely the Council would take action on that issue tonight. Councilmember Wilson observed a motion for a resolution was in order at any time. For example, he could propose a resolution following Audience Comments for the Council to oppose any further discussion regarding a City Manager- Council form of government ballot measure. City Attorney Scott Snyder explained such a motion would be in order under Roberts Rules of Order and the Open Public Meetings Act. Mayor Pro Tern Bernheim explained he supported the motion because he was not in favor of a ballot measure to change the City's form of government to a City Manager - Council structure. He did not favor spending 30 -60 minutes for the audience to explain why it was a bad idea when he agreed it was a bad idea. Councilmember Wilson suggested upon conclusion of this motion, the Council consider a motion to express the Council's intent to no longer discuss the issue. UPON ROLL CALL MOTION CARRIED (5 -2), MAYOR PRO TEM BERNHEIM AND COUNCILMEMBERS PLUNKETT, BUCKSHNIS, FRALEY- MONILLAS, AND PETSO VOTING YES AND COUNCILMEMBER WILSON AND COUNCIL PRESIDENT PRO TEM PETERSON VOTING NO. THE VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Petso requested Items G through J be removed from the Consent Agenda. COUNCIL PRESIDENT PRO TEM PETERSON MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE CONSENT AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JULY 6, 2010. C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JULY 13, 2010. Edmonds City Council Approved Minutes July 20, 2010 Page 2 D. APPROVAL OF CLAIM CHECKS #119892 THROUGH #120038 DATED JULY 8, 2010 FOR $366,414.62, AND CHECKS #120039 THROUGH #120178 DATED JULY 15, 2010 FOR $499,864.00. E. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM MARIE M. ROSEMUND ($1.0,000.00). F. ACCEPTANCE OF THE LIST OF BUSINESSES DATED 07- 09 -1.0 DUE TO RENEW LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD. ITEM G: AUTHORIZATION FOR MAYOR TO SIGN THE INTERLOCAL AGREEMENT FOR THE SMART COMMUTER PROJECT GRANT BETWEEN COMMUNITY TRANSIT AND THE CITY OF EDMONDS. MAYOR PRO TEM BERNHEIM MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE ITEM G. MOTION CARRIED (6 -0 -1), COUNCILMEMBER PETSO ABSTAINED. ITEM H: ORDINANCE NO. 3801 - AMENDING THE PROVISIONS OF SECTION 7.50.050 RATES AND CHARGES, SECTION A, RELATING TO STORMWATER RATES IN ORDER TO INCREASE THE RATES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. COUNCIL PRESIDENT PRO TEM PETERSON MOVED, SECONDED BY COUNCILMEMBER FRALEY-MONILLAS, TO APPROVE ITEM H. MOTION CARRIED (5 -1 -1), COUNCILMEMBER PLUNKETT VOTED NO AND COUNCILMEMBER PETSO ABSTAINED. ITEM I: ORDINANCE NO. 3802 - AMENDING THE PROVISIONS OF SECTION 7.30.030 OF THE EDMONDS CITY CODE RELATING TO WATER RATES SECTIONS A AND B THEREOF IN ORDER TO INCREASE SUCH RATES, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. COUNCIL PRESIDENT PRO TEM PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE ITEM I. MOTION CARRIED (4 -2 -1), COUNCILMEMBERS PLUNKETT AND FRALEY - MONILLAS VOTED NO AND COUNCILMEMBER PETSO ABSTAINED. ITEM J: ORDINANCE NO. 3803 - AMENDING ORDINANCE NO. 3685 AND 3733 TO ESTABLISH THE SALARY OF THE MAYOR AT $1.1.3,209.92 FOR ANY PERSON ELECTED OR APPOINTED TO THE POSITION ON OR AFTER THE EFFECTIVE DATE OF THIS ORDINANCE. COUNCIL PRESIDENT PRO TEM PETERSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE ITEM J. MOTION CARRIED (6 -0 -1), COUNCILMEMBER PETSO ABSTAINED. fc IJ►/lu10011W&I91:1y]0 19111► 1►[1100fai9111DILNM9!1701t:1301 .2W1004■019f.` 1l T1,11 n 1091D110r.1 1I[�]► /_ \/I Community Services /Economic Development Director Stephen Clifton introduced Trevor and Fred Greenfield who were here to announce the Edmonds International Film Festival. Trevor Greenfield explained he has been a film maker for about 10 years and his father, Fred, has been a film maker for approximately 40 years. They started the Lake Dance International Film Festival in Sand Point, Idaho, in 2006. It began as a 3 -day event and grew within 4 years to 9 days and the largest film festival in the inland northwest. Movie Maker Magazine called it one of the top 100 in the world. They Edmonds City Council Approved Minutes July 20, 2010 Page 3 outgrew Sand Point, Idaho, a town of 6,500 and were looking for another venue. Mr. Clifton had assisted him several years ago when they visited the area to shoot a film and found shooting in Seattle and Everett prohibitive. Mr. Clifton was very hospitable at that time and has assisted them greatly with the film festival. Mr. Greenfield explained their film festival was similar to the Seattle International Film Festival, a celebration of independent films. They bring high quality, high entertainment, PG and G rated films. He announced they are officially moving the Lake Dance Film Festival to Edmonds, the Edmonds International Film Festival. The vision of the late Jack Mayo, who owned the Edmonds Theater, was to connect the waterfront, downtown and Highway 99. They share his vision and want to have events spread throughout the area. The goal will be to bring large film festival tourism and economic impact to the City. Mr. Greenfield relayed research done by Movie Maker Magazine and Film Maker Magazine in the 1990s on money spent by people attending film festivals from outside the area found the average was $150 -$250 per person per day in addition to film festival tickets. Their goal is 1,000 attendees this year, 500 locally and 500 from outside the area. They hoped to grow the film festival in future years and to use the Edmonds Center for the Arts as well as other venues. He summarized this was a prototype year, the growth curve for an event such as this was 3 -5 years. He announced their first sponsor and partner, the Best Western Edmonds Harbor Inn, has joined as their lodging partner and will provide rooms for VIPs as well as visiting film makers, tourists, etc. He advised further information was available via EdmondsFilmFestival.com. The Film Festival will take place October 21— 23. Mr. Clifton commented October is a shoulder season and will bring people into the City in October rather than during the summer months. He thanked Cultural Services Manager Frances Chapin and Chamber of Commerce Executive Director Jan Vance for their assistance. Councilmember Wilson expressed the community and the Council's desire for the film festival to be a big success. He expressed appreciation for their investment in the community and urged them to approach the Council, Mr. Clifton and the merchants with any requests. Councilmember Buckshnis commented she was acquainted with numerous volunteer groups and invited him to contact her with any requests for volunteers. 4. PUBLIC HEARING TO SEEK PUBLIC COMMENT ON A PROPOSED CHANGE TO A CITY MANAGER - COUNCIL FORM OF GOVERNMENT This item was removed from the agenda under Agenda Item 1. 5. PUBLIC HEARING ON ADOPTION OF AN ORDINANCE PROHIBITING CERTAIN USES OF POLYSTYRENE AND NON - RECYCLABLE MATERIALS AS DISPOSABLE FOOD PACKAGING AND REQUIRING INSTEAD THE USE OF RECYCLABLE OR COMPOSTABLE MATERIALS. Mayor Pro Tem Bernheim explained this was a proposal to ban throw -away, non - recyclable food service containers. The proposed effective date is March 2011. As the author of this proposal, he assured it was not his intent to have that as a fixed date nor was it necessarily intended that the Council would take action tonight. In order to reduce waste, trash and conserve energy and minimize the adverse impacts of one -time, throw -away containers, the proposal would prohibit food services from selling food in non - compostable or non - recyclable packaging. The proposal would require either compostable or recyclable packaging. Edmonds City Council Approved Minutes July 20, 2010 Page 4 Mayor Pro Tern Bernheim acknowledged issues have arisen in discussions such as what to do with drinking straws, insulated wrap, and insulated cups. These issues and others will be addressed before the Council passes an ordinance. Council President Pro Tern Peterson explained Mayor Pro Tern Bernheim and he met with representatives from the restaurant industry as well as discussed the issue with representatives of the City of Seattle who passed a similar measure a year ago. They are taking proactive measures to ensure this is a positive step for the environment as well as for businesses and the community. He assured the intent was not draconian tactics that hurt small businesses; the intent was to work as closely as possible with small businesses to make sure the City was doing the right thing. Mayor Pro Tem Bernheim opened the public participation portion of the public hearing. Josh McDonald, Washington Restaurant Association, explained he was speaking on behalf of the Association members in the greater Edmonds area as well as other small businesses impacted by the proposal. He worked on a similar ordinance in Seattle and Issaquah for the past 3 years; it took approximately 2�/z years in Seattle to develop the ordinance. He explained the proposed ban has a tremendous impact on restaurants who often purchase large quantities of polystyrene packages. As one of Edmonds' largest employers, the restaurant community prides itself in being as sustainable as possible and observes many best practices such as energy and water conservation. He referred to a written statement he provided to Councilmembers and invited their feedback. He posed several questions /concerns: • What is the City's current recycling capacity and current ability to collect compost? Cedar Grove is the only composting facility in the region. The City must discuss the impacts of this ban with them. • Does the City have the resources to provide help to hundreds of businesses? They spent two years in Seattle assisting restaurants. • How will this impact small businesses? This is an increased financial burden; how will that be offset? How will businesses be helped through this transition? • What stakeholders have yet to be brought to the process? There are many that need to be included in discussions including grocers and Cedar Grove. • The proposed definition of compostable is not consistent with Seattle or Issaquah's definition or national standards. • Section 6.90.040 regarding the requirement to enroll in commercial food waste or recycling service or have containers — 90% of restaurants are tenants and have no control over the services they are allowed. • The language in Section 6.90.040.13 regarding all food service businesses are prohibited from emptying or disposing of items in recycling or compost containers is confusing. • The effective date of the chapter is too aggressive. Holly Chisa, Northwest Grocery Association, explained the grocery community is the single largest provider source for Cedar Grove; whatever grocers are unable to donate to a food bank is composted. She commented on the difference between items on the grocery store shelf versus the deli and appreciated Mayor Pro Tern Bernheim's intent to work with them and interest in a flexible timeline. She agreed the timeline was very aggressive, noting they are still working to be compliant with Seattle. They are still learning a lot and the more time they have to get through the Seattle process, the more they can bring to Edmonds. She expressed appreciation for the temporary exemption for meat trays and requested the exemption be permanent until a long term solution was found. The most common recyclable meat trays are paper or corn and sugar based. The paper meat trays bleed and create a Health Department issue. Meat should not be placed on a food -based tray such as the corn or sugar based trays due to contamination and Edmonds City Council Approved Minutes July 20, 2010 Page 5 bleeding. She offered to continue to work with the City and urged the City to talk with Cedar Grove to ensure there was not an expectation without a way to comply. Hearing no further comment, Mayor Pro Tern Bernheim closed the public participation portion of the public hearing. Councilmember Fraley- Monillas asked what type of meat trays were being used in Seattle. Ms. Chisa responded it depended on the retailer; some were using a cardboard hybrid. The reason the industry switched to Styrofoam was the bleeding issue. More layers must be used to keep the cardboard meat trays from bleeding which is counter to reducing waste. Some retailers have found compostable meat trays but the biohazard issues have yet to be resolved. Another issue is the stability of the bigger trays. They are also testing PET, another recyclable product. Mayor Pro Tern Bernheim reiterated he intended to look into the issues that have been raised as well as investigate the capacity of the Cedar Grove facility. He planned to return this issue to the Council in the future for further consideration. Councilmember Fraley- Monillas pointed out the ban on plastic bags would take effect soon. She recommended a year for implementation of a ban on polystyrene and other non - recyclable food containers, finding a year a reasonable period of time for businesses to use up existing supplies. Council President Pro Tern Peterson commented that living in the Northwest where cities like Seattle are taking the lead on issues such as a Styrofoam ban, he assumed other cities in the country were undertaking a similar effort. However, Mr. McDonald informed him there were few other cities involved. Because few communities are involved, the cost of alternative products is still high. He suggested as Councilmembers speak with Councilmembers in other cities, they encourage them to consider a similar ban. Involving more cities will alleviate the economic impacts as well as be beneficial to the environment. He thanked the Restaurant Association and the Grocery Association for being involved as engaged partners. Edmonds' legislation could be better by avoiding the mistakes made by Seattle and Issaquah. Councilmember Wilson recalled when operating restaurants in the past it was very expensive to upgrade to compostable or recyclable materials. He requested information regarding the difference in price. Councilmember Buckshnis advised Jeannie Blair, Rich Senderoff and Rebecca Wolfe have developed an incentive -based program which includes not using Styrofoam. She suggested incorporating their program into the ban. Councilmember Fraley- Monillas commented while visiting a historic city on the East Coast recently, she found few garbage or recycle containers. Instead people throw trash in the street and a large street sweeper sweeps up the garbage at night. She preferred Edmonds' model to that model. Council President Pro Tern Peterson commented staff conducted a SEPA review and the appeal period ended today. He thanked staff for ensuring the process was done correctly. 6. AUDIENCE COMMENTS Norma Bruns, Edmonds, was disappointed the Council removed the public hearing regarding a proposed change to a City Manager - Council form of government from the agenda, remarking it would have been a good opportunity to take public comment regarding that topic. She commented other than Mayor Pro Tern Bernheim's opinion tonight and articles in the Edmonds Beacon regarding the Chamber of Commerce's position against a City Manager- Council form of government, there had been little opportunity for comment. She served on a committee over 20 years ago that studied that form of Edmonds City Council Approved Minutes July 20, 2010 Page 6 government. She supported the City Manager - Council form of government, finding it provided the best example of separation of power in the City. Citizens vote for the people who established policy. She was surprised at the comments against the City Manager - Council form of government due to the Council's inexperience, pointing out the possibility of an inexperienced mayor. Over 75 million people in the United States are governed by this form of government; it is not a new, radical idea. She urged the Council to consider a City Manager- Council form of government, commenting it would be good for Edmonds and would provide stability. Betty Larman, Edmonds, displayed photographs of vacant storefronts and houses, commenting in spite of wonderful murals and beautiful flowers at every corner, there are many vacant storefronts, unkempt empty lots and unfinished buildings that are unsightly and unregulated for long periods of time. She suggested after a store remained vacant for a period of time, the store owner have the choice of allowing works of art to be displayed in the empty storefront windows or assessed a monthly fine for being a public nuisance. Windows of vacant stores could also be used to showcase goods of neighboring stores. Unfinished buildings should be required to be landscaped even minimally. Empty lots should be tended or planted as community gardens or the owner assessed a monthly fine. She also expressed concern with the condition of empty houses on Edmonds Way purchased by a developer for future development and now abandoned and overrun by weeds and vermin. She suggested employees in Development Services whose workloads have been diminished by the economic downturn assist Code Enforcement. She urged the Council to consider her suggestions as soon as possible for the sake of economic development. Rowena Miller, Edmonds, submitted a letter signed by 14 Edmonds voters expressing their support for the City Manager- Council form of government for Edmonds. With a City Manager- Council form of government, the Council majority could appoint a well qualified, trained, professional to manage City administration, a person not concerned with running a future campaign nor beholden to any special interest, a person who would serve all citizens. The Council currently selects a Council President among its members; that person would assume the title of Mayor and carry out City ceremonial duties. The City Manager - Council form of government reduces political pressure, results in efficient, smooth Council -staff relationships since the Council could ask for information from staff but not interfere in administrative affairs. The Council would be free to create policy and legislation. A professional trained in public administration is especially important because the current Council includes only two experienced members. The City Council would continue to be responsible for setting policy and be accountable to citizens. The appointed City Manager could be fired at any time by a majority of the Council. This system works well for the Port District, Water District, Public Utility District, Hospital District and School District and other entities where elected officials utilize professional administrators. She urged the City Council to place the City Manager- Council form of government on the November ballot. Ron Clyborne, Edmonds, representing the Edmonds Chamber of Commerce Executive Board and the Board of Directors who unanimously oppose any change in City governance at this time. He posed several questions /comments: • Should Edmonds change its form of government? • What is wrong with the current system? • Can the proponents of the City Manager - Council form of government provide clear, objective and convincing rationale for making a change of this magnitude? • Why make a change when there has been no evidence from the electorate that a mayoral structure is not effective for Edmonds? Edmonds has an engage electorate. The Mayor is answers directly to the voters; a City Manager answers only to the City Council • Why a radical change in governance when the City is facing a severe budgetary challenge? City staff has already made many drastic cuts in expenses. Absent new sources of revenue, the next step will either be major cuts in service or a $3 million levy. Edmonds City Council Approved Minutes July 20, 2010 Page 7 • Are the citizens willing to take the risk an inexperienced Council provide direction to a newly appointed City Manager? Two Councilmembers were recently appointed, two were recently elected for the first time, two others serving their first term and only one has served more than one term. He summarized the Edmonds Chamber of Commerce believes a governance change at this juncture is unwise as it could cause political and economic instability, nether of which is needed by Edmonds. Rick Jenness, Edmonds, expressed his support for placing the City Manager - Council form of government on the ballot. Although he was unsure which form he supported, his professional experience has found Manager - Council is a more efficient way to operate a city, particularly smaller cities. The bigger question for Edmonds is the looming budget shortfall and the Council's decision whether to place a $3 million levy on the February ballot. He feared by not placing the City Manager - Council form of government on the ballot, citizens would be enraged and would not support the levy. The Council's non - decision was placing the City at enormous financial risk. Brian Larman, Edmonds, pointed out none of the mayoral candidates had experience as a mayor. He commented that until recently, elected mayors could manage the City with little formal business education; Edmonds now has a population of over 40,000 and in this volatile economy, Edmonds needs and deserves a trained professional in city management. Edmonds staff and citizens deserve to be led by a City Manager with a public administration degree or who has proven his/her capabilities on the job. A strong mayor form of government has the tendency to polarize people. A strong mayor fills all the volunteer boards and hires only people who follow his doctrine and share his views. The end result may deter new ideas and visions. With a strong mayor, the City Council and Chamber of Commerce are so busy quarreling for power that nothing gets done. A competent City Manager would be mandated to be apolitical and would move Edmonds forward. He summarized this system worked very successfully in Mukilteo and suggested Mukilteo's Mayor and City Manager be invited to speak to the Council before a vote is taken. Ernie Daville, Edmonds, voiced his opposition to the City Manager - Council form of government, pointing out the City needs an elected mayor because it needs leadership not management. He anticipated a city Edmonds' size would attract a City Manager looking to trade up to the next job versus a Mayor who lives in the City and is vested in the City's interest and can provide leadership. He preferred to have a Mayor with a passion for the City who could lead and move the City forward. Natalie Shippen, Edmonds, hoped the City Manager - Council form of government would be on the ballot so that she could vote for a change that is badly needed. She compared four local governments and how they have performed during the recession: • Bothell (City Manager) — the Seattle Times stated Bothell has a visionary plan with top notch project, part of a $150 million development program. To institute it, they purchased an 18 -acre downtown school site for $21 million and paid for the property primary with cash saved from one time revenues. This year Bothell sold 5.5 acres for $7 million to an Oregon -based company, $2 million in cash and the rest in community benefits including opening a closed pool and giving residents free use for 15 years. • Mountlake Terrace (City Manager) — this year they plan to put a $37.5 million bond measure on the ballot to construct a new civic campus. • Lynnwood (Mayor) — $5 million operating deficit and their Finance Director recently resigned. • Edmonds (Mayor) — plans to place a $3 million operating levy on the November ballot to maintain basic services and the Mayor resigned. In response to the suggestion not to fix what is not broken, she pointed out the city's governance was broken when a city Edmonds' size was struggling. She also anticipated a City Manager - Council form of government would provide a larger pool of candidates. She suggested the City try the City Manager- Edmonds City Council Approved Minutes July 20, 2010 Page 8 Council form of government, noting it could return to a Mayor - Council if the City Manager form it did not work out. Chris Fleck, Edmonds, recalled the issue of a City Manager - Council versus a Mayor - Council form of government began because Councilmember Plunkett announced he wanted to have a City Manager. He later changed his mind and then changed his mind again. He questioned why the City Manager - Council form of government had not come up before if it was such a great idea. He summarized the City's governance was not broken and did not need to be fixed. To Mr. Larman's comment that quarrels between the City Council and Chamber kept things from getting done, he assured the Chamber was not that powerful. Jim Cutts, Edmonds, a Community Development Director in several cities for 39 years, found cities with a City Manager - Council form of government very functional because they work well with the Council and staff. He worked in one city with a strong Mayor form of government that was totally dysfunctional. He summarized the voters should have the right to make the determination by the Council placing the matter on the ballot. Dave Page, Edmonds, commented he served on the committee referred to by Ms. Bruns that considered the City Manager- Council form of government during Mayor Laura Hall's term. He suggested the issue of a City Manager- Council form of government needed further study. The most important issue is for this City Council to bond. That new beginning will determine how citizens vote in the next 5 -10 years. When he served on the committee that studied the City Manager - Council form of government, there were 101 City employees. The City has a number of big decisions to make but has polarized to the point it is not attracting economic development. He suggested the Council form a committee to study a City Manager - Council form of government. He also wanted to hear each Councilmember's opinion with regard to the City Manager - Council form of government. He anticipated a levy could be passed if the need was explained to the voters. Al Rutledge, Edmonds, commented when he ran for Council in 2005 against Deanna Dawson, he supported a City Manager- Council form of government as well as establishing districts. Next, he recalled several years ago the Mountlake Terrace Council fired their City Manager and it took several years to recover. With regard to inexperienced Councilmembers, he pointed out every Councilmember but one has run for election and lost at one time. He announced Christmas in July at Top Foods where volunteers will be collecting unwrapped toys July 23 -25 to be distributed to children during the holidays. Todd Cloutier, Edmonds, referred to the email he sent to Councilmembers. He acknowledged the City Manager - Council versus strong Mayor form of government was a long discussion and he was not yet ready to take a position. He noted each side could agree there was not a perfect system and he cited the worst case scenario: Mayor — Lynnwood, City Manager — Shoreline. He summarized it was not the system that made the city; it was the people who made the city. He urged the Council to take their time and select a good Mayor tonight; that was the most important decision in the short term. He was concerned that the Council was discussing the City's form of government now, taking their eye off the ball when there were more important issues that the Council should focus on. He urged the Council to dispatch of the City Manager- Council form of government issue swiftly or if it required a longer discussion, establish a timeline for a decision so that the Council could return to discussing more important matters. Mike Burdett, Edmonds, agreed with Mr. Cloutier that it was the people, not the system, that makes a city. He was concerned that the Council was discussing this issue now when the City was facing a $2.5 million deficit. He expressed concern with the vision for the City voiced by Councilmembers after their retreat; one said they wanted it to be the bird watching capital of Washington State; one said they wanted it to be an ecof iendly city that was light on tourism; one said no tall buildings; and another said they did Edmonds City Council Approved Minutes July 20, 2010 Page 9 not have a vision. Bothell's vision will create 600 jobs and $2.2 million in revenue compared to Edmonds that has an empty waterfront, an empty building on 3rd & Dayton, an empty building in Old Mill Town, the old Edmonds - Woodway High School continues to decay, the stadium at civic fields is falling down, and a wharf is falling into the water. He anticipated if the Council told the citizens their vision for the City, the citizens would pass a levy; until they knew the Council's vision, a levy was unlikely to pass. Mayor Pro Tern Bernheim declared a brief recess. V�KIII9117 ION YOIWIf 0 011211 a W9soI&XITOY1101 2101 AW 13 7 Mayor Pro Tern Bernheim explained the rules for appointing the Mayor are the same as for appointing a Councilmember, each Councilmember nominates a candidate of his /her choice and the Council votes on those candidates until a four vote majority is obtained. He invited Councilmembers to make any preliminary comments. Councilmember Petso apologized to citizens who had emailed her on the City email account; she had difficulty accessing the account but read all emails by 4:00 p.m. today. With regard to disclosures, she served with Richard Marin on the Council and may have appointed him to the Council; she ran against Ron Wambolt and spoke with him by phone today; she had heard she should not nominate Mike Cooper because it would make it look like everything "they" say is true; she has worked with Dick Van Hollebeke on a few City issues; she had heard she should not nominate Roger Hertrich because it would make it look like everything "they" say is true; and her daughter used to work for Frank Yamamoto. Councilmember Buckshnis commented because she was in New York and Charlotte last week, she was unaware of what "they" had said. She expressed her appreciation for the input citizens had provided. Councilmember Wilson commented Mike Cooper opposed him two of the three times he ran for office; Richard Marin supported him in his last campaign and he supported him and made a contribution to his campaign; Dick Van Hollebeke contributed to his campaign; Ron Wambolt contributed to his campaign and he supported him in his campaign. Council President Pro Tern Peterson reported he had been supported financially in the past election by Frank Yamamoto, Ron Wambolt and Dick Van Hollebeke. He thanked everyone who applied, noting he would be comfortable with any number of people on the list of candidates serving as Mayor and leading the City. He thanked the citizens for attending tonight to learn who the Council selects as the next Mayor. He summarized in his selection for Mayor he was seeking leadership. Councilmember Plunkett commented he was satisfied with the list of candidates and there were any number of people he could support as Mayor. He was certain the selection of a new Mayor would result in moving Edmonds forward. Councilmember Fraley- Monillas commented she knew six of the eight candidates, a couple quite well. She was looking for individuals with history, involvement in the City, ability to bring the Council together as a team, ability to bring the staff together as a team, and to bring the City forward during this economic crisis. She advised Crystal Cooper contributed to her campaign but Mike Cooper did not. Mayor Pro Tem Bernheim commented every one of the candidates could do the job regardless of experience. He would be happy with any one of the candidates. The next 18 months depend not only on how the new Mayor interacts with the Council but also on the voters and citizens. He looked forward to a productive relationship. He planned to vote for the person he felt could do the best job of bringing the City together. Edmonds City Council Approved Minutes July 20, 2010 Page 10 City Clerk Sandy Chase distributed the first nomination ballot to Councilmembers. Those nominated were: Mike Cooper (Councilmembers Fraley - Monillas, Peterson, Wilson and Petso) and Dick Van Hollebeke (Councilmembers Plunkett and Buckshnis and Mayor Pro Tern Bernheim). Vote No. 1 was taken. The results were: four votes for Mike Cooper (Councilmembers Wilson, Petso, Peterson and Fraley - Monillas) and three votes for Dick Van Hollebeke (Councilmembers Buckshnis and Plunkett and Mayor Pro Tern Bernheim). Receiving four votes, Mike Cooper was appointed as Mayor. Councilmember Wilson commented the Mayor -elect cannot be sworn in until he officially resigns from his current elected office at Snohomish County. City Attorney Scott Snyder agreed the Doctrine of Incompatibility of Offices prevents an individual from simultaneously holding two offices of this type. In order to accept the position as Mayor of Edmonds, Mayor -elect Cooper will need to resign from the Snohomish County Council. Mayor -elect Cooper congratulated all the candidates who applied for the mayor position. Watching the interviews, he knew it would be a difficult choice for the Council. He congratulated Dick Van Hollebeke for his showing. He planned to resign his seat on the Snohomish County Council tomorrow and would contact Snohomish County Council Chair Gossett tonight to inform him that he would be resigning. He requested to take the oath of office on Friday afternoon because he would like to have Judge Stephen Dwyer administer the oath. However, if the Council preferred, he could be sworn in tomorrow. Mayor -elect Cooper commented it would be a great honor to serve as mayor of a City his family moved to when he was 12 years old when his father was hired as the first full -time, paid Fire Chief for Edmonds in 1965. He looked forward to working with the Council with their diverse interests and qualifications. He thanked his wife Crystal and his family for their support. He planned to visit City Hall tomorrow morning. He thanked the Council for their support; he looked forward to getting down to business and getting the City moving forward again. Councilmember Wilson requested City Clerk Sandy Chase provide a notice of the swearing in ceremony as a meeting in the event more than four Councilmembers attend. 8. MAYOR'S COMMENTS None. ► l KIIiy [f111[K11►1 h/ 191011 K Councilmember Fraley - Monillas explained the Council removing the public hearing regarding the proposed change to a City Manager - Council form of government from the agenda did not mean it was not a valuable discussion. She was hopeful the new Mayor would be interested in continuing discussions regarding a strong Mayor versus a City Manager - Council form of government. She appreciated the audience's comments with regard to a City Manager - Council form of government. With regard to Ms. Larman's comments, Councilmember Fraley- Monillas asked whether the City had codes related to unkempt properties/buildings. City Attorney Scott Snyder answered the City has nuisance ordinances; none of Ms. Larman's photographs illustrated a situation that would violate the City's existing code provisions. Councilmember Fraley- Monillas asked whether the houses on Edmonds Way met the City's code. Mr. Snyder answered yes, as currently written. Councilmember Fraley - Monillas asked whether there were any codes that addressed the appearance of vacant stores. Mr. Snyder offered to Edmonds City Council Approved Minutes July 20, 2010 Page 11 confer with Code Enforcement Officer Mike Thies, noting Ms. Larman's suggestion was for the City to expand its regulations. Councilmember Plunkett congratulated Mayor -elect Cooper. With regard to the City Manager - Council form of government, he agreed he has been indecisive with regard to that issue. A Councilmember may be accused of being indecisive if they take their time, listen to the people and try to respond to what is said. If he had been stubborn about it and charged ahead, he likely would have been accused of not listening. If it was his decision, a City Manager - Council form of government would be on the November ballot. However, he did not believe the Council wanted to address that issue this year. He anticipated it would be on the ballot sometime next year so the citizens of Edmonds could make the decision. Council President Pro Tern Peterson reported he contacted the City's Code Enforcement Officer regarding the properties on Edmonds Way. At the time they had been foreclosed and were under receivership by Fannie Mae and attempts to contact the owner were unsuccessful. The properties have since been purchased and hopefully will be cleaned up. He expressed support for several of Ms. Layman's other ideas. Council President Pro Tern Peterson congratulated Mayor -elect Cooper, commenting he will bring much needed skills to the City. His knowledge of the Legislature and Snohomish County will serve the City well. Council President Pro Tem Peterson commented the Edmonds Film Festival is evidence of the hard work being done by the City's Economic Development Department and throughout the City. He recognized Mr. Clifton, the Chamber of Commerce and the Mayor for their efforts to make the Film Festival a reality. Councilmember Wilson congratulated and welcomed Mayor -elect Cooper. In response to the comment made during Audience Comments that Mukilteo has a City Manager- Council form of government, Councilmember Wilson clarified they do not; Mukilteo has a City Administrator. He explained in some cities with a strong Mayor form of government such as Mukilteo, the Mayor hires a City Administrator. He agreed checks and balances were important, however, he did not feel a City Manager was an effective check on a Council that hires that person. An effective check on the Council was a strong Mayor. Similarly he did not believe a City Manager appointed by a majority of the City Council was more responsive and accountable to the people than an elected Mayor. He considered presenting a resolution tonight because he does not feel it is an appropriate discussion for the Council at this time in light of more pressing issues but did not want to add contentiousness to the issue. Although he preferred not to continue talking about a change to a City Manager - Council form of government, he could support the Council continuing their research on the matter. He suggested the Council bring the issue to a conclusion at some point. He assured the audience that the Council was trying to get along better and urged the public to do the same. Councilmember Buckshnis welcomed Mayor -elect Cooper and looked forward to working with him, especially on the levy committee. Councilmember Buckshnis said her vision for the City was to become the bird watching capital because a clean marsh was one of her priorities. She discontinued her research on the City Manager- Council form of government to focus on the levy. The levy committee will be considering a number of issues including capital planning, bond financing, and General Fund augmentation. She supported the City moving forward and suggested the $3 million figure for a levy not be cited because that may not be the amount; it may be more or less. The most important task is to obtain current and accurate financials. The first levy committee meeting will be on July 29. Councilmember Buckshnis reported the TGIF Town Hall meetings will not be held again until the fall. Edmonds City Council Approved Minutes July 20, 2010 Page 12 Councilmember Petso announced she selected Jessie Beyer for the levy committee. She reported on the WRIA 8 meeting, advising there was potential for grants particularly for the marsh project and any project that was beneficial to Lake Ballinger. She expressed her appreciation for the appointment as alternate to WRIA 8. She welcomed Mayor -elect Cooper. Mayor Pro Tern Bernheim congratulated Mayor -elect Cooper, commenting he was the candidate he supported most enthusiastically in spite of voting against. He looked forward to working with Mayor - elect Cooper during the next 18 months. The responsibility for the community is ultimately not the Mayor's or the Council's, it is the residents' responsibility. He was hopeful the City's residents would support the Mayor and Council in their efforts to do the right thing. 10. ADJOURN With no further business, the Council meeting was adjourned at 9:07 p.m. Edmonds City Council Approved Minutes July 20, 2010 Page 13