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10/05/2010 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES October 5, 2010 The Edmonds City Council meeting was called to order at 7:00 p.m. by Council President Bernheim in the Council Chambers, 250 5`h Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Mike Cooper, Mayor Steve Bernheim, Council President D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Strom Peterson, Councilmember Diane Buckshnis, Councilmember ELECTED OFFICIALS ABSENT Adrienne Fraley - Monillas, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Stephen Clifton, Community Services /Economic Development Director Brian McIntosh, Parks & Recreation Director Phil Williams, Public Works Director Lorenzo Hines, Finance Director Rob Chave, Planning Manager Jerry Shuster, Stormwater Eng. Program Mgr. Debi Humann, Human Resources Director Kernen Lien, Associate Planner Rob English, City Engineer Bio Park, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Council President Bernheim requested Item 10 be moved to Item 2B. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 28, 2010. C. APPROVAL OF CLAIM CHECKS #121433 THROUGH #121603 DATED SEPTEMBER 30, 2010 FOR $188,383.31. D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM DONNA L. BRESKE ($9,563.76) AND EILEEN JOHNSON HAUGLIE (AMOUNT UNDETERMINED). E. REPORT ON FINAL CONSTRUCTION COSTS FOR OLD WOODWAY PARK PROJECT AND COUNCIL ACCEPTANCE OF PROJECT. F. ORDINANCE NO. 3808 — AMENDING THE PROVISIONS OF ECC 1.0.75.010(B) IN ORDER TO EXTEND A SUNSET DATE FOR THE ECONOMIC DEVELOPMENT COMMISSION FOR AN ADDITIONAL TWELVE (12) MONTHS. Edmonds City Council Approved Minutes October 5, 2010 Page 1 G. PROCLAMATION DECLARING OCTOBER DOMESTIC VIOLENCE AWARENESS MONTH. 2B. PUBLIC HEARING ON AN ORDINANCE DESIGNATING THE DR. PALMER HOUSE LOCATED AT 820 MAPLE STREET EDMONDS WASHINGTON FOR INCLUSION ON THE EDMONDS REGISTER OF HISTORIC PLACES, AND DIRECTING THE COMMUNITY SERVICES DIRECTOR OR HIS DESIGNEE TO DESIGNATE THE SITE ON THE OFFICIAL ZONING MAP WITH AN "HR" DESIGNATION. Associate Planner Kernen Lien explained the Dr. Palmer House at 820 Maple Street has been nominated for consideration for placement on the Edmonds Register of Historic Places and the property owner has signed the authorization form. Mr. Lien reviewed the effects of listing on the Register: • Honorary designation denoting significant association with the history of Edmonds. • Prior to commencing any work on a registered property (excluding repair and maintenance), owner must request and receive a certificate of appropriateness from the Historic Preservation Commission. • The property owner may be eligible for special tax valuation on any rehabilitation. He provided an aerial map of the neighborhood and identified the subject property. In order for a property to be listed, it must meet certain designation criteria: • Significantly associated with the history, architecture, archaeology, engineering or cultural heritage of Edmonds — the house is associated with its owner, Dr. Palmer, an Edmonds dentist who constructed the house in 1895. It is well known as a historic house due in part to its visibility and prominent location on a steeply sloped hill overlooking downtown. • Has integrity — the house is a largely intact example of Queen Anne style. • At least 50 years old, or has exceptional importance if less the 50 years old — the house was constructed in 1895. • Falls into at least one of designation categories, ECDC 20.45.010.A — K — this house meets two of the designation categories, 1) the Queen Anne style embodies a distinctive architectural characteristic or type and 2) it exemplifies or reflects special elements in the City's history. Because of its early date of construction, it is generally associated with the City's late 19`h century development. Mr. Lien described significant features on the exterior of the building: The house is 21/2 stories in a rectangular form, with a steeply pitched roof with broadly flared eaves. The roof is steeply pitched side gable style. The second story contains a large pedimented, gabled dormer containing a bay window. The porch is sheltered by the wide bell on the main side - gabled roof, which is supported by three classic columns. The Historic Preservation Commission (HPC) held a public hearing on August 12, 2010 and concluded the site is eligible for listing on the Edmonds Register of Historic Places. Staff's recommendation is to approve the ordinance as recommended by the HPC. Council President Bernheim opened the public participation portion of the public hearing. There were no members of the public present who wished to provide testimony and Council President Bernheim closed the public hearing. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WILSON, TO APPROVE ORDINANCE NO. 3811 — DESIGNATING THE EXTERIOR OF THE RESIDENCE KNOWN AS THE DR. PALMER HOUSE LOCATED AT 820 MAPLE STREET, EDMONDS, WASHINGTON FOR INCLUSION ON THE EDMONDS REGISTER OF HISTORIC PLACES, AND DIRECTING THE COMMUNITY SERVICES DIRECTOR OR HIS DESIGNEE TO DESIGNATE THE SITE ON THE OFFICIAL ZONING MAP WITH AN "HR" DESIGNATION. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes October 5, 2010 Page 2 3. CONTINUED DISCUSSION AND POTENTIAL ACTION ON THE 2009 -2010 MID -YEAR BUDGET ADJUSTMENT. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE 2009 -2010 MID -YEAR BUDGET AMENDMENT AS PRESENTED. Councilmember Plunkett assumed Councilmember Petso was satisfied with the information provided during her meeting with Finance Director Lorenzo Hines. Councilmember Petso responded she was not entirely satisfied; she was convinced that staff will at some point be able to provide a breakdown of the 511 Fund and of the Fire District 1 transaction. She was told by insisting on all answers now she would be delaying a grant opportunity for the Senior Center which she did not want to do. She emphasized the problems are significant, envisioning if a citizen transferred $400,000 from their checking account to their savings account and the bank provided a receipt showing the money leaving the checking account but not arriving in the savings account, the citizen would be concerned. This is essentially what happened when the B Fund contribution was transferred into the 511 Fund; $400,000 left the General Fund but nothing showed up in the 511 Fund. The 511 Fund is not reported on quarterly budget reports and it is addressed only in a summary manner in the CAFR. She planned to support the motion as well as the efforts of Councilmembers to improve the clarity of the City's financial reporting. Councilmember Buckshnis reported she sent the Council and Mayor Cooper an example of how an amendment should be read to ensure it is labeled properly in the future. Mayor Cooper advised a budget amendment requires a majority of the Council plus one to pass. VOTE ON THE MOTION: MOTION CARRIED UNANIMOUSLY. !�KQLII h/ 10011 W&I 0111111 [y W.1110110'[11 001[f) 01011 D1►Y ff.111 IZl) Jl lsa = Charles Greenberg, representing Old Dog Haven, explained Adopt -a -Dog is an effort to increase adoptions of older dogs and reduce the level of euthanasia of older, adoptable dogs. He introduced Archie, a 10 -12 year old Cocker Spaniel found as a stray in Seattle. His health issues include eye issues, tumors, skin allergies, and ear infections but all are controllable. Archie is housebroken, knows several commands, is very lovable and does not bark much. He invited anyone interested in adopting Archie or another dog to call him at 425- 774 -0138. 5. COMMUNITY SERVICE ANNOUNCEMENT: EDMONDS CHAMBER OF COMMERCE — HALLOWEEN EVENT David Arista, Edmonds Chamber of Commerce Board Member and Member of the Downtown Edmonds Merchants Association (DEMA), invited the Council and the community to the downtown Edmonds Halloween Trick -or -Treat event sponsored by the Chamber and merchants on Sunday, October 31 from 5:00 to 7:00 p.m. on Main Street between 5`'' and 6`h and on 5`h between Bell and Walnut. The City closes those streets creating a safe area for families to trick -or- treat. An estimated 6,000 people visit the City for trick -or- treat. Businesses receive exposure and create goodwill and everyone has a great time. He invited Councilmembers to set up their own booth downtown and hand out treats. This year's key sponsors are the Journal Newspapers, Elemental Massage, Purcell & Adams and Dewar Meeks and Ekrem Accounting. 6. SUSTAINABLE EDMONDS COMMUNITY SOLAR POWER PROPOSAL Parks & Recreation Director Brian McIntosh explained City staff members were approached in the summer by a group of interested citizens representing Sustainable Edmonds regarding the possibility of Edmonds City Council Approved Minutes October 5, 2010 Page 3 locating an "Edmonds Community Solar Project" on a public building or community space. Due to its good exposure and low elevation (12' - 16' sections) the roof of the southwest wing of the Anderson Center appears to be an excellent location for such an installation. The City's interest derives from Council resolutions and adopted policies contained in the Community Sustainability Element, including: • Community Health Goal Policy E.2: Reduce energy consumption and maximize energy efficiency by promoting programs and educational initiatives aimed at a goal to "reduce, re -use, and recycle" at an individual and community -wide level. • Sustainability Goal D: Develop utility policies, programs, and maintenance measures designed to support and promote sustainability. Maintain existing utility systems while seeking to expand the use of alternative energy and sustainable maintenance and building practices in city facilities. • Council Resolution 1170: The City of Edmonds commits to the following policy goals: o To become an environmental standard bearer for... reduction of green house gas emissions... 0 4) d. Encouraging both public and private demonstration projects that illustrate how sustainable and "green" development can be accomplished in both retrofit and new development situations. At this time there are very good solar incentives in the form of grants and favorable rates for community based projects. Mark Mays, Sustainable Edmonds, described his background. He also described Sustainable Edmonds' role in the project: • The project meets Sustainable Edmonds' mission of local actions for global sustainability challenges • Will act as the project facilitator and offer feasibility assistance • Will provide assistance finding a local ownership group • Project handoff to owners and administrator • Document project successes /issues as template for the next solar project Chris Herman, Sustainable Edmonds, described his background in solar design. He explained community solar incentives were passed two years ago. However, due to problems identified with the rules, they were not effective until September 5. He reviewed the requirements for a community solar project: • Located only on government and utility owned property • Ownership group must reside locally • Details as defined by WA State Bill SB 6658 • 75kW or less ( equiv. z 5 residential homes) • Production incentives up to $1.08 kWh thru 2020 (purchasing the voltage inverter from an instate manufacture provides $0.36 kWh, purchasing panels from an instate manufacture provides $0.72 kWh, purchasing both provides $1.08 kWh) • Paid through the local utility from the State Utility Tax Mr. Hermann identified the proposed location on the roof of the southwest wing of the Frances Anderson Center. The area has a fairly new roof and there should be enough space for 75 kW (7,500 square feet) which will produce approximately 75,000 kW per year. This area of the Frances Anderson Center also had a new electrical system installed recently. There will be no penetrations into the roof and installation of the panels will not impact the warranty on the roof system. Ballast trays are installed on concrete paver or gravel and the racks /modules that are part of the ballast systems are rated up to 125 mph winds. Mr. Mays described how the program would work: Edmonds City Council Approved Minutes October 5, 2010 Page 4 • City agrees to lease roof space (Frances Anderson Center) • Possible compensation could include the City receiving the net metering credit z $6,000 /yr. This would be negotiated with the ownership group. • Other City benefits include • Directly reducing carbon footprint • Serves as demonstration model for more solar projects • Local ownership that support the local economy • Possible acquisition of system after 2020, or continue to receive green power at reduced rates • Site kiosk for educational purposes Mr. Mays reviewed next steps: 1. City gives their approval of the project 2. Locate project owner(s) o Must be known to each other o Local Company to initiate project 3) Ownership group implements project • Project engineering and equipment acquisition • Installation and commission • Ongoing project administration handled by the ownership group Mr. Mays explained there is some urgency to this action because the ability to convert the 30% tax credit to a grant expires at the end of 2010. There is legislation pending in Congress to extend it into 2011 but it has not yet been passed. A group would need to spend 5% of the capital funds (approximately $30,000) this year to qualify for a grant in lieu of tax credit. With regard to risks for the City, Mr. Mays explained: • Is the City liable for the equipment? No, the owners are, the City only leases the space. • What if the equipment damages the building? Insurance from the ownership group covers it. • Will it cost the City money? No, the City will only receive revenue from the net metering credit. • Will the equipment block any views? No, and the blue non - reflective panels are more attractive than the existing torch down roof Councilmember Buckshnis asked if this had ever been done before. Mr. Hermann answered not in Washington; it has been done in Colorado and two systems in the State have received certification from the Department of Revenue but have not yet been installed. Ellensburg has a community solar project, a ground - mounted system owned by the Ellensburg government which also owns the municipal utility. Councilmember Buckshnis asked whether the City could utilize the cost savings from the solar panels. Mr. Herman answered there are three groups of community solar projects: private companies which include co -ops and LLCs, mutual corporations and government owned, and utility owned. Utility owned projects are limited to 25% of the total program, company owned are limited to 5% and the other 70% could be government owned. Councilmember Buckshnis asked how many houses the panels would power. Mr. Mays answered the panels would produce 75 kW, the equivalent of 5 residential homes. Mr. Hermann advised that was 5 all electric homes; it could provide power for 20 efficient homes. Councilmember Buckshnis asked how many people would be in the group and how the group would be selected. Mr. Hermann answered ideally it would be less than 20 but could be up to 100. Mr. Mays advised the maximum any one person can receive is $5,000. The ideal number would be approximately 16 to cover the cost of the project. Councilmember Buckshnis advised she needs further information regarding the numbers, how many people would be involved, what the cost would be, the lease amount, etc. Mr. Mays explained sharing Edmonds City Council Approved Minutes October 5, 2010 Page 5 feasibility numbers could be construed as offering securities; they must be careful to present it only as feasibility. He commented it was possible the City would receive the net metering credit of approximately $6,000 /year and potentially own the system after 10 years. He summarized there were a variety of things that could be negotiated with the ownership group. Mr. Herman commented he would personally put $10,000 into the system himself; it is that good a deal. He emphasized the need to move forward in order to spend 5% of the system costs by the end of the year. Councilmember Buckshnis asked how members would be selected if there were 100 desiring to participate. Mr. Herman suggested first come, first served. Councilmember Buckshnis asked if participants would need further information regarding the numbers. Mr. Herman replied yes, but the first step is identifying a host site. The request tonight is if the City would be willing to lease the space. Councilmember Buckshnis inquired about the lease amount for the roof. Mr. Mays advised that would be negotiated with the ownership group. He explained the ownership group could be an existing company, LLC, etc. They must be careful about providing information to avoid being perceived as offering a security. This is a financial feasibility study that appears to pencil out. It is up to the City to determine the amount of the lease; it would seem fair and reasonable for the City to at least receive the net metering credit or approximately $6,000 year, increasing approximately 5% per year. Councilmember Peterson pointed out staff's recommendation was to instruct the City Attorney and staff to develop the lease. He was excited about the prospect of this project. He asked the cost of the project. Mr. Herman answered the project ranged from $640,000 to $720,000. Council President Bernheim expressed his support in principle. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO ENDORSE IN PRINCIPLE THE IDEA OF LETTING PEOPLE USE CITY ROOFTOPS WITH SOLAR EXPOSURE FOR SOLAR ELECTRIC GENERATION INSTALLATIONS. Councilmember Plunkett asked if the proposal was 7,000 square feet of equipment on the Anderson Center roof. Mr. Herman replied it was. Solar Dog, who makes the ballast systems, relayed they have never had a problem with a roof structure in the 1,200+ systems they have installed the last 5 years. Councilmember Plunkett assumed the agreement with the ownership group would include sufficient insurance to repair any damage. He asked whether the agreement should also include language regarding removal of the equipment in the event the system was not successful. City Attorney Bio Park advised any lease agreement the City enters into contains a very tight indemnification agreement for any damage. With regard to an unsuccessful system, he advised there were several options, 1) require the ownership group to remove the equipment, 2) the City take possession of the equipment, or 3) require a bond for removal of the equipment. Councilmember Plunkett commented a bond appeared to be the safest for the City. Mr. Park pointed out another consideration is leasehold excise tax for lease of the roof. MOTION CARRIED UNANIMOUSLY. 7. MAYOR'S BUDGET PRESENTATION City Clerk Sandy Chase distributed the 201.1. Preliminary Budget to the City Council. Mayor Cooper explained the budget would be available on the City's website by the conclusion of tonight's meeting. He also noted that a hard copy is available at the City Clerk's office. He provided the following budget message: Edmonds City Council Approved Minutes October 5, 2010 Page 6 "When I took the oath of office on July 23 I made a commitment to the people of Edmonds that I would deliver a budget that is balanced, that reflects proactive belt tightening and is focused on continuing to deliver the high quality of service that our residents deserve. It is a privilege for me to bring you a budget this evening that preserves programs and jobs. Our nation is facing challenging economic times and local governments all across the region are making difficult decisions, making drastic cuts to services, and laying off hundreds of dedicated public employees. I feel fortunate as your mayor that the city councils and mayor preceding me have exercised fiscal restraint since 1999, when the voters passed an initiative limiting revenue for local government. Responsible choices achieve results that keep us ahead! Since 2000 Edmonds has reduced employees, eliminated jobs, cut travel, and as recently as 2009, employees took 9 furlough days which saved the City $430,000 and our city management team has taken wage freezes. In addition, we contracted the fire department to Fire District #1 which saves the City $1.8 million each year. In the last decade, Edmonds has eliminated two dozen jobs including 4 positions in finance, 4 police support positions, and 1.5 positions in Human Resources. We also eliminated the Economic Development Director by combining that with another position. In addition to these cuts, the council has made decisions to modestly increase taxes and fees as well as creating a Transportation Benefit District. So what are today's challenges? As we approach 2011 our city is at a crossroads. The budget I bring you tonight was balanced carefully, but not without thinking outside of the box. The county has projected our assessed property value will decrease by 7.3% in 2011 and our sales tax continues to remain flat. For us to provide the community with the services they deserve, I am recommending that we transfer the needed contributions for fire hydrant maintenance from the Public Safety Reserve Fund, which is the fund that holds the proceeds from the Fire District #1 transaction. This is a logical transfer given that fire hydrants are a public safety requirement. I am also recommending that we suspend the general fund contribution to the vehicle replacement fund (511 B Fund) during 2011. We are in a position to make all of the 2011 expenditures from the fund including the new police cars and computers for the police vehicles and still have a fund balance of $3.8 million at the end of 2011. In this economic climate and given the health of this fund, this just makes sense. Making these changes, we still preserve our reserves at healthy levels by the end of 2011; . with $1..08 million in the Public Safety Reserve Fund, $1.9 million in the Emergency Reserve, and $2.6 million ending cash balance in the General Fund. If the projections for 2010 are correct, the cash balance could grow to $3 million by the end of 2011. The increase in ending cash balance will be a critical factor for the city to hedge against the potential loss of $500,000 annually if voter passed the initiatives involving the Liquor Control Board in the State of Washington. As council is aware the burden on our staff from public records requests continues to escalate. In 2010 our City Clerks office was required to spend an additional $10,000 on temporary employees over and above their regular employees just to take care of public records requests. I am recommending to the council tonight that we fill a vacant position in the Clerk's office solely dedicated to processing public records requests. The state legislature recently gave local government the ability to respond to public records requests through the use of electronic media. Having this employee in place will enable us to begin processing requests more efficiently by using the latest available technology. So how do we plan for tomorrow? While I have delivered a delicately balanced budget, it is important to note that in order to sustain our current level of service into the future, the city will need at some point additional revenue. We have a legacy of proactive decisions in this city that have kept us from economic Edmonds City Council Approved Minutes October 5, 2010 Page 7 disaster. If we are to continue our commitment to public safety, our flower program, senior center, swimming pool, and all the city jewels, we must act now in preparation for our future economic needs. The first and most important step to achieve needed revenue is for all of us to make a commitment to economic development. Having a vibrant economy will increase sales tax and reduce the tax burden on home owners. The past couple of years have brought us some success stories attracting a new festival and numerous new businesses. Integration of cultural arts has been a key factor of our economic development effort. The First Edmonds International Film Festival being held later this month is an example of our efforts. In 2009 council and the community were warned that if new revenue was not generated by 2012 then drastic reductions in service may be needed. While the council chose not to move a measure to the voters for approval last year, it is critical that a decision be made in time to collect new revenue in 2013. That 2009 warning is as true today as it was then. While a voter approved operating levy is one solution, I would recommend that the council place every possible revenue source on the table for consideration. We simply must look for ways to limit the property tax burden on homeowners. For example, our bond counsel has advised us that we can save roughly $62,000 /year by refinancing some of the city's bonds, which I am recommending we do. As we look to 2011 and beyond, it is important for us to not lose sight of the community's expectations and priorities. It is my honor to present to you my first budget as your mayor. I want to thank all of the council members and residents who made suggestions through e -mails and responded to the customer satisfaction survey. I would especially like to thank the directors and members of city staff who worked many hours to assist me in building this budget. City staff and I look forward to having the opportunity to participate in your budget discussions and being able to answer your questions at future meetings." 8. PUBLIC HEARING ON THE CAPITAL FACILITIES PLAN ELEMENT UPDATE FOR 2011- 2016 TO CITY'S COMPREHENSIVE PLAN. THE PROPOSAL UPDATES THE CITY'S CAPITAL FACILITIES PLAN TO INCLUDE IMPROVEMENTS, ADDITIONS, UPGRADES OR EXTENSIONS OF CITY INFRASTRUCTURE SUCH AS TRANSPORTATION, PARKS AND STORMWATER ALONG WITH OTHER PUBLIC FACILITIES NECESSARY TO IMPLEMENT THE CITY'S COMPREHENSIVE PLAN; INCORPORATES PROJECTS FROM THE RECENTLY UPDATED STORM AND SURFACE WATER MANAGEMENT PLAN; AND ADDS ADDITIONAL CAPITAL PROJECTS WHICH EXTEND BEYOND 2016. City Engineer Rob English explained the Council packet contained the Capital Facilities Plan (CFP) and the Six -year Capital Improvement Program (CIP). Mr. English provided a diagram showing components found only in the CIP and only in the CFP and components found in both the CIP and CFP. The CFP includes capital projects that are identified to meet the City's projected growth. The CIP includes those projects as well as maintenance and preservation projects. He provided a comparison of the CIP and CFP: Edmonds City Council Approved Minutes October 5, 2010 Page 8 CIP CFP Mandate? None GMA Reason? Budget GMA Time Frame? 6 year 6 year 20 year Must include Capital? Yes Yes Must include Maintenance? Yes No Edmonds City Council Approved Minutes October 5, 2010 Page 8 Mr. English provided a list of fund numbers, projects within the funds and the managing department: Fund Description Department 112 Transportation Public Works 113 Multimodal Transportation Community Services 116 Buildings Maintenance Public Works 125 REST -2 Transportation Public Works 125 REET -2 Parks Improvement Parks & Recreation 126 Parks Acquisition Parks & Recreation 129 Special Projects Parks & Recreation 132 Parks- Construction (Grant Funding) Parks & Recreation 412 -100 Water Projects Public Works 412 -200 Storm Projects Public Works 412 -300 Sewer Projects Public Works 414 Wastewater Treatment Plant Public Works This year's CIP has been updated to reflect the two plans the council approved earlier this year, the 2010 Water Plan and the 2010 Storm and Surface Water Plan. He reviewed the CFP schedule: September 8, 2010 September 14, 2010 September 22, 2010 September 28, 2010 October 5, 2010 December 2010 Introduction to Planning Board Community Services/Development Services Council Committee Planning Board public hearing Introduction to City Council Public hearing at City Council Adoption with Comprehensive Plan Update Councilmember Petso referred to a citizen's email she forwarded to staff questioning the approximately $2 million annual expenditure from the 113 Fund. Community Services/Economic Development Director Stephen Clifton advised he received the email from Natalie Shippen and would respond in writing with specifics to Ms. Shippen and Councilmember Petso tomorrow. Councilmember Petso asked in general what the $2 million/year was for, whose money it was and who receives it. Mr. Clifton answered the money is targeted for City of Edmonds expenditures. The City is not spending any money on Edmonds Crossing. The $2 million in Fund 113 is simply a placeholder in order to process grants related to potential expenditures and charges from Washington State Ferries (WSF). WSF states next year they will spend very little if any on Edmonds Crossing. On an annual basis a few million dollars are inserted in Fund 113 in the event WSF expends any money, the City has the authorization to submit the forms to the federal and/or state government to process the grant and reimburse WSF. Councilmember Petso summarized if WSF does not spend any money, the $2 million is not spent. Mr. Clifton agreed, explaining the $2 million is all federal and state money. Councilmember Petso referred to right -of -way acquisition in Fund 113 and asked what right -of -way would be acquired. Mr. Clifton answered the state and Unocal entered into a purchase and sale agreement in 2005 for the Unocal yard east of the railroad track. Within that purchase and sale agreement are terms and conditions which when met will mean WSF can take title to the Unocal property. If WSF were to ever secure the funding and fully design and move forward on construction of Edmonds Crossing, they would need to negotiate a purchase and sale agreement for a small strip along the southern edge of the Port of Edmonds where the Edmonds Crossing pier crosses. The $200,000 every other year within the CFP is targeted for the Unocal lower yard acquisition. WSF is paying money to Unocal (or their successor Chevron) when they accomplish certain cleanup measures. Edmonds City Council Approved Minutes October 5, 2010 Page 9 Councilmember Petso referred to Legislative Reports regarding a private /public partnership with WSF. She asked whether that was part of the multimodal project or the Main Street terminal. Mr. Clifton answered it was primarily connected with the Main Street terminal. Discussions have occurred for some time regarding the potential for a public /private partnership related to the Edmonds ferry terminal. One example is the request for qualifications (RFQ) that was issued earlier this year by WSDOT to solicit proposals for a private entity to construct a pedestrian overpass over Railroad Avenue and the railroad tracks in exchange for WSDOT transferring title of the WSDOT parking lot south of the Skippers property to the private entity. There would need to be enough value in the land to finance construction of a pedestrian crossing. WSDOT did not receive any responses /proposals from the private sector. Councilmember Petso asked if the City was obligated to plan for the overpass in its planning documents. Mr. Clifton answered the City could; there have been discussions regarding an overpass between Dayton and Main Street for several years; however, there is no financing for such a project. The public /private partnership for an overpass would have been a creative way of financing the pedestrian overpass. Councilmember Buckshnis referred to page 51 and asked whether the debt service on approved capital projects such as Marina Beach, library roof, City Hall, etc. would need to be recalculated if the City refinanced bonds. Mr. Clifton advised Mr. Hines would need to respond to that question. She asked whether the Council could approve the CFP if the debt structure would change. Mayor Cooper explained bond counsel did not recommend refinancing all the City's bonds. The Council will not provide final approval of the CFP until it approves all the Comprehensive Plan changes in December. Once staff learns which bonds will be refinanced, the spreadsheets can be recalculated. Councilmember Wilson commented the Council's approval tonight would simply be a preliminary approval subject to further revision with final adoption in December. He asked whether the CFP reflected the funds the Council approved for traffic calming at a previous meeting. Mr. English advised those funds had not been included in the CFP and could be added at the Council's request. Councilmember Wilson recalled the Council previously approved funding from the General Fund for traffic calming projects. Mr. English advised the funds for traffic calming would be included in the CFP for the December approval. Councilmember Wilson requested staff remind him in December to check whether those funds had been included. Mayor Cooper advised the $50,000 for traffic calming was also not included in the 2011 preliminary budget. Councilmember Wilson expressed concern that the Council amended the 2011 CFP to include funds for traffic calming but that expense was not included in the CFP or the budget. Councilmember Buckshnis referred to the 9`" Avenue traffic signals on page 17 of the CFP, recalling those projects were replaced with restriping. Mr. English advised a $10,000 interim solution was included for the intersection of 91h and Main and for Walnut & 91h in 2014 funded via TBD. Page 17 includes the traffic signal projects as it is anticipated the interim striping solution will be inadequate to accommodate future levels of service. Mayor Cooper opened the public participation portion of the public hearing. Roger Hertrich, Edmonds, referred to the $1 million cost of the traffic signal at 9`t' & Caspers, suggesting the problem could be solved by changing the alignment of the entering street on 9`" Avenue to blend with oncoming traffic for a cost of $5,000- $10,000. He also expressed concern with $2,536,000 in the CFP for a roundabout at Five Corners. He referred to the traffic signal proposed at Puget Drive & 881" recalling there were plans to acquire right -of -way to improve sight distance. He anticipated the State would not approve a signal in that location. He urged the City to be realistic in its planning. Next, he questioned the cost for the City to manage the Edmonds Crossing project. He suggested the easiest and most practical location for a pedestrian walkway and emergency vehicle railroad crossing was at the Edmonds City Council Approved Minutes October 5, 2010 Page 10 bottom of Bell Street. He summarized there were many questionable projects in the CFP /CIP and he did not have enough time to describe them all. Al Rutledge, Edmonds, commented the City's population fluctuated as people move in and out of Edmonds. Hearing no further comment, Mayor Cooper closed the public participation portion of the public hearing. With regard to the roundabout at Five Corners, Council President Bernheim acknowledged it was a high priority on the TBD project list. He asked whether the study being conducted of Five Corners by the University of Washington students would relate to the economic development potential of Five Corners with the benefits of a roundabout. He referred to roundabouts in Anacortes and LaConner, commenting there were few in urbanized, multi -use business development centers. Mr. English responded he was not aware of any economic development associated with the traffic circle /roundabout. There are roundabouts on Bainbridge Island and there is one in Woodinville; it is not uncommon to construct roundabouts in an urban area. They are frequently constructed in urban areas in Europe. Council President Bernheim inquired about the spray park in City Park. Parks & Recreation Director McIntosh advised that is a new project; staff believes a funding source has been identified for next year. Councilmember Wilson explained in December 2007 the Council received a study on the 88`h/196 `h Street intersection. Mr. English explained a warrant analysis was conducted of that intersection and it did not meet the warrants. Councilmember Wilson recalled the State informed the City that because 196`" is a State highway and the intersection did not meet the warrants, a traffic signal could not be installed. He recalled traffic realignments could be made to improve the intersection for a cost of approximately $80,000 such as right turn only for northbound traffic on 88`". He suggested scheduling Council review of that intersection. Council President Bernheim suggested it be scheduled on the Community Services /Development Services Committee agenda. Councilmember Peterson agreed to add it to next week's Committee agenda. Councilmember Wilson reiterated his concern that the funds for traffic calming were not included in the CFP /CIP. He asked in the future that Council approved projects be included. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCIL PRESIDENT BERNHEIM, TO APPROVE THE CAPITAL FACILITIES PLAN (2011 -2016) AND CAPITAL IMPROVEMENT PROGRAM (2011- 2016). Councilmember Plunkett was also disappointed the funds for traffic calming were not included. He complimented Mr. English and Mr. Williams for a great presentation. In the past there was a lot of discussion regarding the difference between the CFP and the CIP. The differences are now very clear. He did not support approval of the CFP or CIP, explaining he would never support a traffic signal at 91h & Main, especially when a light would only make an approximately 50 second difference. He also had concerns with the Five Corners roundabout, the traffic signal at 91h & Caspers, as well as the water and sewer rates. Councilmember Wilson echoed Councilmember Plunkett's comment regarding the clarity of the CFP and CIP. He reiterated his concern that the CFP did not include money for any building /facility projects in the next six years. He preferred to delay approval of the CFP until the outcome of the TBD vote was known, until the scrivener's errors were corrected and until the TBD vote was concluded. The stormwater section was acceptable. Edmonds City Council Approved Minutes October 5, 2010 Page 11 Councilmember Petso commented it was her understanding the CFP and CIP did not need to be approved tonight as final approval was not given until December. City Attorney Bio Parks agreed, explaining it would be included as an amendment to the Comprehensive Plan. Council approval tonight would signal staff to stop working on it and that it was ready for approval in December. If the Council did not approve the Plans, that action would inform staff that further work was necessary. Council President Bernheim commented there were several projects funded in the next three years including transportation projects such as 228`'' & Hwy. 99 intersection, the interurban trail connection, downtown improvements, walkways, the Shell Valley emergency road as well as several park improvements. He referred to the 4`" Avenue Arts Corridor project that included in the Plan, noting he lives on 4`'' Avenue. He summarized this was a lean CFP. He did not like the $1 million for a signal at 91'' & Main but was willing to approve the Plan and vote against the project if it were ever proposed. Councilmember Peterson echoed Council President Bernheim's comments, noting this was a plan not a final decision. It was important to identify projects to address increased downtown traffic. He was hopeful the Council would pass the CFP and that staff would not be required to rework the Plan. Councilmember Petso suggested the CFP be revised to include the traffic calming that the Council previously approved. Mayor Cooper acknowledged the Council amended the document to add a traffic calming project but the CFP was not changed because it was printed before the amendment was made. When final adoption takes place, the CFP will reflect that change. Councilmember Buckshnis pointed out there are only 32 projects in the transportation section of the CFP totally $50 million versus the 36 projects and $61 million presented to the TBD Board. Mr. English answered how the TBD Board decides to fund projects will determine which projects will be constructed. The 36 projects presented to the TBD Board could not be funded in a six year period covered by the CIP. If voters approve the increased TBD fee, the Plan could be updated to reflect the TBD Board's decisions with regard to funding. MOTION FAILED (2 -4), COUNCILMEMBER PETERSON AND COUNCIL PRESIDENT BERNHEIM VOTING YES. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, FOR APPROVAL OF THE CAPITAL FACILITIES PLAN STORMWATER ELEMENT. Councilmember Wilson explained the Council previously passed stormwater utility rate increases to comply with Environmental Protection Agency mandates. The stormwater element contains a plan with funding that the community wants to do and is required to do and the Council approved a rate increase to fund those projects. That is how he preferred to see the City operate. MOTION CARRIED (5 -1), COUNCILMEMBER PLUNKETT OPPOSED. Mr. English clarified the CFP will be presented to the Council for approval in December as part of the Comprehensive Plan amendments. He asked whether a public hearing was required at that time. Mr. Park advised another public hearing was not required. He clarified the CFP Stormwater element will still need to be approved with the Comprehensive Plan in December. The existing Stormwater Plan remains in effect until the new Plan is approved. Councilmember Wilson encouraged staff to reach out to Councilmembers who have questions prior to the December approval. Mr. English suggested one option would be to update the CFP to add the traffic calming and schedule it on the Consent Agenda. Councilmember Wilson answered the traffic calming project is one of his concerns; Councilmember Buckshnis has concerns with the 36 projects on the TBD list versus the 32 projects in the CFP. Edmonds City Council Approved Minutes October 5, 2010 Page 12 Councilmember Peterson suggested scheduling the CFP on a committee agenda and have Mr. English respond to questions the Council has raised. Council President Bernheim advised it could be scheduled on the Community Services/Development Services Committee's November agenda. He suggested Councilmembers submit their concerns to Mr. English prior to that meeting and the Council could then take action on the CFP at the November 23 or December 7 Council meeting. Councilmember Wilson explained his concern with the building portion of the CFP is the Council has not prioritized the projects. For example a great deal of time and money has been spent analyzing an aquatics center and little to no time on analyzing an Arts Center, yet they have equivalent priority in the Plan. For Councilmember Plunkett, Mr. Park advised there would be a public hearing in December on final adoption of Comprehensive Plan amendments. 9. PUBLIC HEARING ON A PROPOSED ORDINANCE DESIGNATING THE EDMONDS ELEMENTARY SCHOOL (FRANCES ANDERSON CULTURAL CENTER) LOCATED AT 700 MAIN STREET EDMONDS WASHINGTON FOR INCLUSION ON THE EDMONDS REGISTER OF HISTORIC PLACES AND DIRECTING THE COMMUNITY SERVICES DIRECTOR OR HIS DESIGNEE TO DESIGNATE THE SITE ON THE OFFICIAL ZONING MAP WITH AN "HR" DESIGNATION. Associate Planner Kernen Lien explained the Edmonds Elementary School, now the Frances Anderson Cultural Center located at 700 Main Street, has been nominated for consideration for placement on the Edmonds Register of Historic Places and former Mayor Haakenson signed the authorization form while he was mayor. Mr. Lien reviewed the effects of listing the property on the Register: • Honorary designation denoting significant association with the history of Edmonds • Prior to commencing any work on a register property (excluding repair and maintenance), owner must request and receive a certificate of appropriateness from the Historic Preservation Commission • The property owner may be eligible for special tax valuation on any rehabilitation In order for a property to be listed, it must meet certain designation criteria: • Significantly associated with the history, architecture, archaeology, engineering or cultural heritage of Edmonds — The Frances Anderson Center, formerly the Edmonds Elementary School, is associated with the City of Edmonds' expansion of the early public school system. • Has integrity — The original Edmonds Elementary School building and site has changed in appearance and layout considerably since 1928, particularly with the 1947 and 1952 additions. However, the portion of the Frances Anderson Center still visible above the 1947 and 1952 additions remains intact. The original windows were replaced with newer metal windows that simulate the original window pattern and the size of the openings have been preserved. The 1947 and 1952 additions retain their original appearance. Taken as a whole, the site has integrity. • At least 50 years old, or has exceptional importance if less the 50 years old — The original structure was built in 1928 with additions in 1947 and 1952. • Falls into at least one of designation categories, ECDC 20.45.01 O.A — K — The Frances Anderson Center meets several of the designation categories: a. Associated with events that have made a significant contribution to the broad patterns of national, state or local history — The Frances Anderson Cultural Center, formerly the Edmonds Elementary School, is associated with the City of Edmonds' expansion of the early public school system. Intended to serve the community of Edmonds early elementary education needs, the school served as an important educational facility in the community for more than 50 years. Constructed between the world wars after the public library and the Edmonds High School were constructed, the building represents the community's commitment to early education. The Center also represents the growth in the City and rapid Edmonds City Council Approved Minutes October 5, 2010 Page 13 facility expansion in the post war boom of the 1940's and 1950's. The building tripled in size after the construction of the 1947 and 1952 additions d. Exemplifies or reflects special elements of the City's history — Constructed to serve the community of Edmonds' early elementary education needs, the school served as an important educational facility in the community for more than 50 years. Following the closure of the school in 1972 due to declining enrollment, the school was re- dedicated in 1979 as the Frances Anderson Cultural Center, a public facility for arts and cultural activities operated by the City of Edmonds Parks, Recreation, and Cultural Services Department. The Center still plays an important role in the community and the former school now houses several tenants with various activities such as tae- kwon -do, clay sculpture, and ballet. e. Is associated with the lives of persons significant in national, state or local history — The building is significant for its association with long time principal, teacher, and civic volunteer Frances Anderson. Ms. Anderson was a central figure in the development of the youth and education system in Edmonds. She began her work in the community in 1909 when she became secretary for the local lodge of the Independent Order of Good Templars, was elected the first president of the Edmonds Improvement Club in 1910 and became leader of a group of Junior Camp Fire Girls in 1918. She attended the University of Washington before transferring to the University of Wisconsin and graduating in 1917. She returned to Edmonds and taught second grade until 1924 when she was asked to take the position as principal. Ms. Anderson held this position for 25 years before returning to teaching in 1949, and retired from teaching altogether in 1959. After the school was closed due to lack of attendance, the building was rehabilitated into a community center and named after Frances Anderson. Mr. Lien described significant features on the exterior of the building: The original 1928 school structure had many design characteristics of the Spanish Mission Revival style in its exterior including exterior light stucco finishes, pent the roof, multi -pane windows, symmetrical layout, inset panels, broad round arches, and curvilinear parapets. The 1947 and 1952 additions are examples of the Streamlined Modern style with layered horizontal and vertical bands, glass block windows, and light colored stucco finishes. The Historic Preservation Commission (HPC) held a public hearing on August 12, 2010 and concluded the site is eligible for listing on the Edmonds Register of Historic Places. Staff's recommendation is to approve the ordinance as recommended by the HPC. Mayor Cooper opened the public participation portion of the public hearing. Al Rutledge, Edmonds, expressed support for placing the Frances Anderson Center on the Edmonds Register of Historic Places, noting it was long overdue. He pointed out the possibility of the building being removed in the future. Hearing no further comment, Mayor Cooper closed the public participation portion of the public hearing. Councilmember Plunkett did not anticipate the Frances Anderson Center would be removed in his lifetime but explained placing a structure on the Register of Historic Places did not prevent it from being removed. He thanked Mr. Lien for his thorough presentation. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT BERNHEIM, TO APPROVE ORDINANCE NO. 381.0, DESIGNATING THE EXTERIOR OF THE EDMONDS ELEMENTARY SCHOOL (FRANCES ANDERSON CULTURAL CENTER) LOCATED AT 700 MAIN STREET, EDMONDS, WASHINGTON FOR INCLUSION ON THE EDMONDS REGISTER OF HISTORIC PLACES, AND DIRECTING THE COMMUNITY SERVICES DIRECTOR OR HIS DESIGNEE TO DESIGNATE THE SITE ON THE OFFICIAL ZONING MAP WITH AN "HR" DESIGNATION. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes October 5, 2010 Page 14 11. AUDIENCE COMMENTS Jack Bevan, Edmonds, commented he attends Port Commission meetings because he watches over the Port's expenditures. He noted only a portion of Edmonds was in the Port District as the district was formed prior to annexations. He expressed concern with the proposed expenditure of $24,000 - $34,000 to hire a "Budget Czar." He pointed out the danger of the public thinking the Councilmembers were economic illiterates if they needed a Budget Analyst to assist them. He summarized such a position was not needed at this time; Councilmembers Petso and Plunkett have done budgets quite satisfactorily in the past and Councilmember Buckshnis is a banker. If a Councilmember is unable to provide a budget, he /she should not be on the Council. Al Rutledge, Edmonds, reported insurance companies were eliminating policies as well as increasing premiums. Next, he referred to an article in the Everett Herald in which District 1 Representative Al O'Brien expressed support for the initiatives that would privatize liquor sales. Donna Breske, Edmonds, explained at the September 21 Council meeting she was directed to provide information regarding her questions to the City Council and the Mayor. She reiterated her questions. Is it standard policy to require fees be paid to have answers to code interpretations and City storm drainage infrastructure questions? A minimum of $655 was requested in order to meet with engineering staff to discuss her questions in the context of a pre - application meeting. After the expiration of her first building permit to obtain a single family home at 9330 218`" Place SW, she and her husband asked to meet with staff to discuss several unanswered questions. Specifically, how could the City require as a condition of building permit issuance that their lot be required to be the stormwater repository at that time for a surrounding 2.5 acre basin including stormwater drainage from the public roads. She questioned whether this was a taking of private land for public use and inconsistent with the City's Comprehensive Plan. She also inquired why the storm drainage installed by Public Works in 2002 that was capable of draining water from the plat of Westgate Village and their lot was not used. She also inquired about the City's grandfather date of July 1977 and why they were required to accept and manage storm runoff from rooftops and pavement created in 1961. Ms. Breske stated that Mr. Gebert responded they did not have an active building permit and staff could not meet with them to answer those questions. They applied for a second building permit in April 2008 and paid duplicate application fees in the hope of meeting with staff to arrive at an amicable solution. They have offered to pay mitigation funds for restoration of Shell Creek in lieu of becoming the mandated stormwater repository. A meeting set for May 16, 2008 was later cancelled and staff would not discuss the matter outside an appeal to the Hearing Examiner. She expressed concern with the requirement to pay fees to obtain answers to questions. Mattie Lewis, Edmonds, thanked Mayor Cooper for activating an online citizen survey. As she missed filling out the survey, she suggested he reactivate it monthly. With regard to the Sustainable Edmonds Community Solar Power Proposal, she asked 1) how it compared materially to the Ellensburg project, 2) the earthquake safety and the actual weight of the solar panels, and 3) whether it would ever be the source of a public utility tax. Roger Hertrich, Edmonds, commented solar panels on a residential home are ugly and the cost of installation is very expensive. He acknowledged the government and utilities issue grants but in the end it is taxpayers' money. He questioned the costibenefit of the solar panels that would provide enough power for only five houses. For the estimated cost per house of $140,000, he preferred to build treadmills and hire the unemployed to pedal them to create power. He was concerned with a private company installing equipment on a public building. He remarked the sun in Ellensburg would create solar power much more effectively than solar panels in Edmonds. He also questioned how solar panels could be installed on a historic building. With regard to electric cars, he cited a Barron study that found the voltage for an electric car requires burning approximately four pounds of coal per hour. Edmonds City Council Approved Minutes October 5, 2010 Page 15 12. PROPOSED AMENDMENT TO EDMONDS CITY CODE 10.90 COMPOSITION OF THE HISTORIC PRESERVATION COMMISSION. Councilmember Plunkett advised the Historic Preservation Commission (HPC) is part of the land use process with regard to historic preservation and any change to the Commission must be adopted in the City's Code. Over the years there has been more than one Councilmember asking to participate on the Commission. He suggested adding language to the ordinance allowing one or two Councilmembers to serve on the Commission. He advised this had no material impact on the Commission because Councilmembers are ex- offico and unable to vote. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT BERNHEIM, TO DIRECT THE CITY ATTORNEY TO DRAFT AN ORDINANCE TO AMEND THE COMPOSITION OF THE HISTORIC PRESERVATION COMMISSION AND RETURN IT TO THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. 13. REVIEW OF THE PLANNING BOARD'S RECOMMENDATIONS ON CIVIL ENFORCEMENT PROCEDURES. Planning Manager Rob Chave explained this was referred to the Planning Board because it is in Title 20 which requires Planning Board review. The proposal is to update the civil enforcement procedures to track with the State Supreme Court case that requires separate notice of violations. Until now, there was one notice with a public hearing opportunity. The Court appeared to require a separate notice for each violation. Staff's recommendation is to schedule the item for public hearing. City Attorney Bio Park advised the amendments are the same as the versions the Council has adopted twice before as an interim ordinance. The only addition is the second section which allows 21 days for an appeal of the code enforcement action issued by the Hearing Examiner to the Superior Court to be consistent with state law. It was previously a 10 day period. Councilmember Buckshnis referred to Planning Board Member Reed's recommendation in the Planning Board minutes that the third and fourth whereas clauses on page 2 of the ordinance regarding the Planning Board were no longer accurate and should be removed. Mr. Park advised when the ordinance is provided at the public hearing, the whereas clauses will be removed and reference to Mayor Cooper will be added. Councilmember Wilson asked about the practice of flexible enforcement, recalling the City's current civil enforcement practices allow the Development Services Director some discretion regarding when to enforce fines. He asked if removing that flexibility provided better protection for staff. Mr. Chave recalled former Development Services Director Duane Bowman saying the number one goal of enforcement was to get compliance. In his experience, compliance often takes time and once hard deadlines or automatic dates are established, flexibility is reduced as well as potentially the ability to get compliance in the most efficient manner. It is potentially more difficult to run code compliance through this fine of a process because it takes substantial time and trouble to visit the site each day to post and provide opportunity for appeal, etc. He summarized the importance of give and take in the enforcement process. Councilmember Wilson suggested the Development Services staff think through ways to make it an easier process for them and for citizens. Mr. Chave explained Code Enforcement Officer Mike Thies is very concerned with the ramifications of updating the enforcement procedures to reflect state law. He suggested Mr. Thies present the pros and cons from his perspective at the public hearing. It was the consensus of the Council to schedule a public hearing. 14. MAYOR'S COMMENTS Mayor Cooper reported the Request for Qualifications (RFQ) for a Hearing Examiner has been issued. Human Resources staff is preparing the RFQ for the City Attorney and will issue it soon. He advised there is no public statement regarding why the existing Hearing Examiner resigned other than the reason Edmonds City Council Approved Minutes October 5, 2010 Page 16 they included in their letter to the Council which is they do not wish to bid to be the City's Hearing Examiner in the future. The Parks, Recreation and Cultural Services Director position has been advertised. Mayor Cooper reported Councilmembers Peterson and Wilson and he attended a very lively candidate forum in the Council Chambers on Monday, October 4. The room was filled to capacity with people also standing outside. Mayor Cooper reported the State of Washington gave women the right to vote before the nation did. The 100"' anniversary of women in Washington State having the right to vote will occur in November. One of the leaders in women's right to vote was the owner of the first newspaper in Edmonds, Missouri Hanna. She lived in the Edmonds residential neighborhood, Hanna Park. He summarized once again Edmonds and Snohomish County were leaders in women having the right to vote. 15. COUNCIL COMMENTS Councilmember Buckshnis thanked Bertrand Hauss, Phil Williams and Stephen Clifton for their presentations at the Seashore forum and answering questions about the Transportation Benefit District. She relayed compliments she received from other jurisdictions. Councilmember Buckshnis referred to Council President Bernheim's comment at the last Council meeting that the deadline for placing a levy on the February ballot was in December. She explained the Citizens Levy Committee is awaiting current financials as well as answers to their questions. She is not pressuring the Committee to complete their work by December. Councilmember Petso commented she was very hesitant to engage in conversations with people who have claims and/or lawsuits against the City. She asked the City Attorney to provide some guidance. She was frustrated having a citizen repeatedly speak to the Council without knowing if she was permitted to discuss their concerns. City Attorney Bio Park asked if she wanted a procedural opinion regarding the ability to discuss a lawsuit publically or with a claimant or a summary of a substantive nature. Councilmember Petso asked to be informed if there were citizens she should not talk with, otherwise she planned to initiate discussion. Councilmember Petso referred to an email she received this week regarding relocation of the Edmonds Post Office and location suggestions. She urged interested citizens to provide comments /concerns about the post office's future location. Mayor Cooper reported Mr. Clifton and he plan to meet next week to discuss the locations and the next step in the process. Councilmember Plunkett asked Mr. Park to identify whether Ms. Breske was talking about issues that were within or outside the confines of the lawsuit. He was unclear why someone involved in a lawsuit with the City was providing comment to the City Council and expecting Councilmembers to respond to questions. Mr. Park answered it was his understanding there had been direct communication between the claimant, the City Council and the Mayor. The City Attorney was not copied on the communications. The City Attorney plans to review the communications once they are provided. He suggested scheduling an executive session next week to discuss the matter and establish limits with regard to what Councilmembers can and cannot discuss. Councilmember Wilson requested the executive session include an update on the Reidy matter and the Meiers matter. Councilmember Wilson inquired about the loss of revenue should Initiatives 1100 or 1105 pass. Mayor Cooper responded it depends on which of the two initiatives pass; one eliminates both the tax and the Edmonds City Council Approved Minutes October 5, 2010 Page 17 profits, the other only eliminates one. Worst case scenario if the initiative passes that eliminates both the tax and the profits, the City would lose $500,000 /year and be responsible for enforcement because the initiative dismantles the State enforcement agency. If the other initiative passes, the loss to the City is approximately $200,000 /year. Councilmember Wilson summarized the passage of those initiatives could have a considerable impact on the City's budget. Councilmember Wilson thanked Mr. Bevan for his concern about the Council spending money on a budget analyst. In the Council's defense, he explained the idea first came from staff and has been supported by the Mayor and most Councilmembers, not because the Councilmembers are financial illiterates but due to the tremendous communication problem. The Finance Department has been reduced by two employees and is unable to provide the Council accurate and appropriately labeled financial information. There are salary savings as a result of those two positions and the funds for the budget analyst will utilize a portion of that savings. Councilmember Wilson reported on Thursday, October 7 at Edmonds Community College he is moderating a debate between two heavyweights in State Initiative 1098, the high earner's income tax, Bill Gates, Sr. and former Senator Slade Gorton. The debate is cosponsored by MyEdmondsnews.com and MLTnews.com. Councilmember Peterson echoed Mayor Cooper's comments regarding the Candidate forum, commenting Edmonds is unique in that it has three legislative districts, Districts 1, 21 and 32. Monday's night's candidate forum will be aired on channels 21 and 39 beginning tomorrow at 4:30 p.m. and daily until the election. Councilmember Peterson reported he played his first game of petanque, a French type of lawn bowling, recently at the Civic Playfields. A small group of citizens who had played petanque and had seen petanque courts in other areas contacted Parks & Recreation Director Brian McIntosh to inquire about installing a petanque court at the Civic Playfields. Staff installed a petanque court and people are now coming from surrounding communities to play. One of the City's local businesses has petanque rules players can borrow. He looked forward to establishing a competitive petanque league in Edmonds. He commended the Parks Department for being responsive to citizens. Council President Bernheim reported Councilmember Peterson, Rob Chave, and Steve Fisher will be visiting the Cedar Grove Compost facility tomorrow to investigate the current compostable food packaging technology in preparation for Council review of the compostable food packaging ordinance. ii' With no further business, the Council meeting was adjourned at 9:31 p.m. Edmonds City Council Approved Minutes October 5, 2010 Page 18