11/03/2008 City CouncilSpecial Monday Meeting
November 3, 2008
Following a Special Meeting at 6:45 p.m. for an Executive Session regarding potential litigation, the
Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Plunkett in the
Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Michael Plunkett, Mayor Pro Tern
Deanna Dawson, Council President Pro Tern
Peggy Pritchard Olson, Councilmember
Steve Bernheim, Councilmember
D. J. Wilson, Councilmember
Dave Orvis, Councilmember
Ron Wambolt, Councilmember
ELECTED OFFICIALS ABSENT
Gary Haakenson, Mayor
STAFF PRESENT
Tom Tomberg, Fire Chief
Al Compaan, Police Chief
Duane Bowman, Development Services Director
Stephen Clifton, Community Services /Economic
Development Director
Brian McIntosh, Parks & Recreation Director
Noel Miller, Public Works Director
Kathleen Junglov, Finance Director
Rob Chave, Planning Manager
Rob English, City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
I APPROVAL OF AGENDA.
pprove
Agenda COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
DAWSON, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
Councilmember Wambolt requested Item. I be removed from the Consent Agenda.
COUNCIL PRESIDENT PRO TEM DAWSON MOVED, SECONDED BY COUNCILMEMBER
OLSON, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED
Rots Call UNANIMOUSLY. The agenda items approved are as follows:
A. ROLL CALL
Approve
10 -28 -08 B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 28, 2008.
Minutes
Approve C. APPROVAL OF CLAIM CHECKS #107804 THROUGH #107936 FOR OCTOBER 30,
Claim 2008 IN THE AMOUNT OF $237,208.30.
Checks
D. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM THAYER D.
Claims for CUETER (ESTIMATED $1,133.62 TO $2,126.56), AND BRIAN K. GOODNIGHT
Damages
($1,306.80).
Edmonds City Council Approved Minutes
November 3, 2008
Page 1
,dmonds
Arts Festival
Foundation E. AUTHORIZATION FOR THE MAYOR TO SIGN THE LEASE AGREEMENT WITH
Lease THE EDMONDS ARTS FESTIVAL FOUNDATION.
Lift Station
Rehabititatio n F. AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS (RFQ) FOR
Project DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE LIFT
STATION REHABILITATION PROJECT.
Sewer
Replacement G. AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS (RFQ) FOR
Program DESIGN AND CONSTRUCTION MANAGEMENT SERVICES FOR THE 2009 -2010
SEWER REPLACEMENT PROGRAM.
Ord# 3 H. ORDINANCE NO. 3700 — AMENDING THE PROVISIONS OF THE EDMONDS
Ch. 1.6.43 43
BD -1 zone COMMUNITY DEVELOPMENT CODE TO REPEAL AND REENACT CHAPTER 16.43
REGARDING BD - DOWNTOWN BUSINESS IN ORDER TO CLARIFY PROVISIONS
REGARDING THE BD -1 ZONE AND THE DEPTH TO WHICH CERTAIN USES MUST
BE MAINTAINED ALONG DESIGNATED STREET FRONTAGES, REPEALING
INTERIM ZONING ORDINANCE 3691, AND FIXING A TIME WHEN THE SAME
SHALL BECOME EFFECTIVE.
Res# 1182 ITEM L• RESOLUTION NO. 1182 OF THE CITY COUNCIL OF THE CITY OF EDMONDS,
Oppose WASHINGTON, OPPOSING ESTABLISHMENT OF A LOCAL BUSINESS AND
B &O Tax OCCUPATION TAX ON RETAIL BUSINESS AND PROFESSIONAL SERVICES.
Councilmember Wambolt explained he pulled this item to increase public awareness of the Council's
action. The bottom line of the resolution was the Council affirmed its opposition to and will not establish
a Business & Occupations Tax on retail business and professional business as part of the 2009 and 2010
budget process. He clarified the resolution did not apply to taxes imposed on utilities.
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT PRO TEM
DAWSON, FOR APPROVAL OF CONSENT AGENDA ITEM I.
Councilmember Bernheim commented he was not in favor of raising crippling taxes on businesses but
favored a fair spreading of the tax burden during tough times. He reiterated he had not proposed a B &O
tax; he only asked questions about the tax. He explained taxes on businesses were a potentially legitimate
source of revenue when /if businesses were paying less than their fair share of City services. He noted
much of the argument against a B &O tax was against any tax for businesses. His point in raising the
issue of a B &O tax was one of fairness; the Council was considering raising taxes on utility users and
property owners, and emergency service recipients. He reiterated there was nothing unfair about a B &O
tax at a rate low enough for businesses to accept. If the City needed to raise $500,000, he envisioned
$100,000 could be raised via a B &O tax at a rate of 5 cents per $100 or $1000 of gross sales.
Council President Pro Tem Dawson reported she worked with Community Services /Economic
Development Director Stephen Clifton on drafting the resolution because she was personally opposed to a
B &O tax at this time or any time in the foreseeable future. She pointed out most of the adjacent cities did
not have a B &O tax, one of the main factors in a business deciding where to locate. She was concerned a
B &O tax, a tax on gross receipts, would make existing businesses less competitive, frustrate job creation
and may dissuade new businesses from locating in Edmonds. She summarized a B &O tax was not the
right tax for Edmonds and urged the Council to approve the resolution.
Councilmember Wambolt relayed he was opposed to a B &O tax and did not believe many business
people in the City felt they were not paying their fair share as they also paid property taxes, utility taxes,
etc. He concluded a B &O tax may actually be unfair to businesses.
MOTION CARRIED (6 -0 -1), COUNCILMEMBER BERNHEIlVI ABSTAINED.
Edmonds City Council Approved Minutes
November 3, 2008
Page 2
ECDC 3. PUBLIC HEARING ON A PROPOSED AMENDMENT TO EDMONDS COMMUNITY
Ch.
lity s, Wires
Utility DEVELOPMENT CODE CHAPTER 18.05 UTILITY WIRES REGARDING REPLACEMENT
(Poles) OF POWER POLES INCLUDING REQUIRING REPLACEMENT POLES IN RESIDENTIAL
ZONES TO BE WOOD.
Development Services Director Duane Bowman advised the proposed amendment was reviewed by the
Community Services /Development Services Committee at their October 14 meeting. This action
stemmed from the replacement of a pole in the Seaview area where a large metal pole was constructed in
the 8300 of 188th Street SW and a microcell wireless antenna facility placed atop the pole. The
surrounding residents were not provided notice and were very concerned about the large, steel, industrial -
looking pole. The pole has since been painted but that has not resolved the issue.
Although nothing can be done about that specific pole, staff wanted to address the issue those residents
encountered and develop a solution that would address the issue in the future. He relayed staff's proposal
that all replacement poles in single family zones be wood. Snohomish County PUD raised some concerns
about requiring wood for a replacement pole; however, the City has a great deal of authority with regard
to specifying materials to be used. The ordinance also specifies that conduit placed on the pole to serve
the wireless facility must be painted to match the pole.
The ordinance requires notice be provided to residents whenever a wireless facility is added to a pole.
The result would not necessarily be that the pole would not be constructed but an informational meeting
would be held to inform residents and provide an opportunity for comment. He noted the primary issue
for most residents was the pole's material. Another issue addressed in Section 18.05.060 was the addition
of language that required coordination of facility replacement within a reasonable time period. He
recalled a situation where a pole was cut off and a section of pole left hanging until the service provider
moved their facility. He advised these were amendments to Chapter 18 and did not require referral to the
Planning Board.
On behalf of Councilmember Olson and he who serve on the Community Services /Development Services
Committee, Councilmember Wilson extended his appreciation to Mr. Bowman and Mayor Haakenson for
their response to this issue including standing firm with PUD with regard to the pole material.
City Attorney Scott Snyder relayed that the 9th Federal Circuit Court joined the 4th Circuit in overturning a
City of Auburn decision that interpreted municipal ordinances that placed any barrier whatsoever on
wireless facilities entering into a marketplace as prohibitive. The 9th Circuit decided a case, Sprint v. City
of San Diego, and adopted the 4th Circuit's view as long as the city's exercise of its police power
regulations did not prohibit entry of a cell phone operator but merely made it more expensive within a
range of reasonableness, basically authorizing this type of change. He noted it would have been unwise
to make this change three months ago; now the City's authority was ratified by the 9th Circuit.
Mayor Pro Tem Plunkett opened the public participation portion of the public hearing. He advised the
Council received a letter from Barbara Tipton.
Jim Wilkinson, Edmonds, supported doing everything possible to protect neighborhoods. He
encouraged the Council to include restrictions on size in the ordinance. He also expressed concern with
the loops of cable and low- hanging cables that Verizon left throughout the City.
Al Rutledge, Edmonds, commented the City had done a good job developing an ordinance.
Roger Hertrich, Edmonds, expressed his preference that all wires be undergrounded, recognizing that
was not possible due to the expense. He suggested the City have some ability to issue a Conditional Use
Edmonds City Council Approved Minutes
November 3, 2008
Page 3
Permit for anything other that the existing situation and establish minimum standards for height, number
of wires on a pole, etc.
Hearing no further comment, Mayor Pro Tern Plunkett closed the public participation portion of the
public hearing.
Mr. Snyder responded Section 1 of the ordinance requires the use of wooden poles of a height and type
generally in use in surrounding residential neighborhoods. He noted the State Electrical Code established
requirements with regard to separation of wires on poles; the ordinance requires the use of a wooden pole
unless a provision of the State Electrical Code required otherwise. Staff's concern with poles left hanging
was addressed with the provision added to the ordinance requiring relocation of lines be accomplished
within 30 days which places the burden on the pole owner to notify other parties on the pole.
Councilmember Wambolt asked whether the ordinance addressed the coils of wire mentioned by Mr.
Wilkinson. Mr. Snyder recalled once staff was certain it could be regulated under the City's police
powers, the Mayor and staff spent a great deal of time attempting to get Verizon to resolve that issue. The
reason for a civil infraction approach was that one entity owned the pole and has pole attachment
agreement with other entities who subcontract to other third party contractors to do the relocation.
Councilmember Wambolt noted the coils of wire were not only located at poles. Mr. Snyder
acknowledged there were swags of additional wire left suspended from the pole pending other action.
Councilmember Bernheim agreed with the concern expressed about the coils of wire left hanging
throughout the City at the convenience of the installer. He asked whether the proposed ordinance
regulated that. Mr. Snyder answered the ordinance would be applicable if the wires were part of a
relocation of a line or facility. He offered to look into regulating the coils of wire.
Councilmember Wilson pointed out the proposed ordinance was intended to address one issue. The issue
regarding the coils of wire was important but was beyond the scope of this ordinance.
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER WILSON, TO
APPROVE ORDINANCE NO. 3701. MOTION CARRIED UNANIMOUSLY. The ordinance
Ord# 3701 approved is as follows:
Utility Wires
(Poles) AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE
PROVISIONS OF CHAPTER 18.05 UTILITY WIRES IN ORDER TO ADD A NEW SECTION
18.05.030(B)(4) AND (5) PROHIBITING THE USE OF METAL POLES OR TOWERS IN
RESIDENTIAL NEIGHBORHOODS AND PROVIDING FOR INFORMATIONAL MEETINGS
AND ADDING A NEW SECTION 18.05.060 REQUIRING THE COORDINATION OF FACILITY
REPLACEMENT WITHIN A REASONABLE PERIOD OF TIME, AND FIXING A TIME WHEN
THE SAME SHALL BECOME EFFECTIVE
4. AUDIENCE COMMENTS
Police Darlene Stern, Edmonds, recalled during the budget portion of the October 28 meeting, Councilmember
Department Bernheim stated the Council should reduce the Police Department budget and inform the police it was
Budget
okay not to arrest so many people because it cost the City too much money. She referred to the Edmonds
Police Department 2007 Service Efforts and Accomplishments Report, pointing out that unchallenged
misdemeanor crimes were like the abandoned building broken windows theory for which there have been
a significant number of masters theses written; small things neglected were ripe for more carnage.
Misdemeanor crimes negatively impact the quality of life, personal safety and sense of well being of
residents. Unchallenged criminals grow from misdemeanants to felons which would also negatively
impact the community. Councilmember Bernheim's statement was effectively stating that anyone
Edmonds City Council Approved Minutes
November 3, 2008
Page 4
committing misdemeanors such as battery, assault, fight, shoplifting, petty theft, drunk driving,
vandalism, vehicle prowling or some sex offenses would go free and unpunished in an effort to balance
the budget. She summarized the Edmonds Police Department had worked diligently to become a
professional organization. She objected to suggestions that citizens should pay more in taxes and have
less security and safety in order to balance the budget when in fact revenues could have been gradually
increased over the past few years to accomplish a balanced budget. She concluded when the economy
was down, crime increased and she disagreed with reducing the Police Department budget when their
protection was most needed. She requested the Council not reduce the Police Department budget, thereby
diminishing citizens' safety and security.
Police Pe Gerdes, Edmonds, a former Lake Forest Park Councilmember and Edmonds resident for the past
Department Peggy p
Budget 18 months, described a burglary that occurred in their home last month while they were asleep. She
recommended the Council make the public safety budget the highest priority and maintain the existing
Police Department budget. She recommended increasing the ratio of Police Officers per resident to 1:75,
recalling public safety was a priority for Lake Forest Park citizens.
Rental of Diane Azar, Edmonds, expressed support for the proposed interim zoning ordinance making it illegal for
Homes in property owners to rent homes in a single family neighborhood for less than 30 days at a time. She
single-
Family Zen- commented the daily rental of homes in a single family zone was inappropriate and negatively impacted
the community by increased traffic from repetitive parties. She was surprised the code did not already
address this issue.
Concern George Everett, Edmonds, reviewed information he previously provided to Council including that there
About the was no evidence to support the official conspiracy theory of 9/11 that Osama Bin Laden Al Qaeda and 19
Events of pp p y �
9 /11 Arabs carried out the attacks. He asserted the government lied, saying the towers came down due to
airplanes and jet fuel fires, yet Building 7 was not hit by an airplane and had no significant fire or other
damage and all three buildings disintegrated at free fall speed, typical of a controlled demolition. The
government said the air in lower Manhattan was safe to breath and as a result 3,000 first responders have
already died and thousands are expected to develop severe respiratory problems. He stated the truth was
available via a program on channel 77 Thursdays at 11 a.m. and on the website patriotsquestion9l l .com,
urging citizens to sign a petition at AE911truth.org or firefightersfor911truth.org. He urged the Council
to adopt a resolution calling for an investigation into the events of 9/11.
ightty Christine Schultz, Edmonds, explained a large house in their neighborhood was being rented on a
Rental of nightly basis. Although she was sympathetic that the owner was unable to make his house payment, she
Home was unable to support renting the house in this manner. She described a recent event where participants
arrived via multiple taxis who then stayed for approximately an hour and left in several vans. She
questioned what activities were occurring during rentals and expressed concern that this practice invited
strangers into their neighborhood. She compared the rental to a hotel and was concerned daily rentals
would devalue the surrounding properties. She noted the police were called frequently with regard to
activities at this house.
Renting Jim Wilkinson, Edmonds, explained he owned a triplex on Sunset Avenue, a grandfathered use in a
Properties in
single_ single family zone. He anticipated the problem in the Talbot Road neighborhood would be resolved via
Family zone foreclosure or the sale of the house as reported in the Enterprise. He objected to a "shotgun" approach to
addressing a situation occurring on one property. He rents two units in his triplex on a weekly basis to
monthly basis during the summer months and objected to the loss of his property rights because of a
situation occurring on one other property. He suggested enhancing the noise ordinance instead, noting the
income derived from renting the two properties was approximately $7,000 /month during the summer.
Edmonds City Council Approved Minutes
November 3, 2008
Page 5
Utility Pole Karen Fry, Edmonds, thanked the Planning Board for listening to the concerns with the utility pole in
in Seaview
Neighbor- the Seaview neighborhood and thanked the Council for approving the recommended ordinance. She
hood encouraged the Council to consider the number of sites on a utility pole and be proactive regarding where
mierocell facilities can be located such as in a park which would generate revenue for the City.
Nightly Jeff Donchez, Edmonds, referred to the interim zoning ordinance, and although he appreciated Mr.
Rental of Wilkinson's situation, he urged the Council to consider the horrendous situation occurring in their
Home neighborhood, nightly rentals to 50 -100 people. He pointed out the situation has been a burden on the
Police Department and would be a burden on the Fire Department if there were a fire. He questioned
whether the City planned to police rentals of one week or less with regard to fire code, liquor licenses,
banquet licenses, etc. He expressed support for the proposed ordinance, finding it a reasonable measure
to the problem that was occurring in their neighborhood.
I ibrary Al Rutledge, Edmonds, reported the Friends of the Library Book Sale generated $10,100. He thanked
sook sale; everyone who attended and those who volunteered. Next he described past efforts that resulted in the
zog cabin preservation of the Log Cabin and inquired about funds budgeted to maintain the cabin.
Transporta- Natalie Shippen, Edmonds, referred to the ordinance establishing the Transportation Benefit District and
District Benefit
requested the Council, 1) rewrite the ordinance to comply with the Association of Washington City's
(AWC) suggestions and 2) hold two meetings on the ordinance, the first for Council discussion and a
second for a public hearing on November 18. She read the AWC's definition of a TBD, an independent
taxing district that can impose an array of taxes and fees either through a vote or Council action. She
relayed the ordinance requirements cited by AWC includes a finding that the creation was in the public
interest; defines the boundaries of the TBD; describes the transportation improvements proposed by the
TBD; and describes the proposed taxes, fees, charges, etc. the TBD will impose to raise revenue to fund
the identified improvements. She noted the ordinance before the Council did not meet the description of
the publicized ordinance. She also requested the Council discuss the following: 1) which of the array of
revenue options the Council preferred, 2) whether the Council would use revenues to fund only existing
transportation facilities or new construction also, 3) how revenue rates could be increased, 4) what would
happen if project costs exceeded original estimates, and 5) the estimated life of the TBD since the TBD
must be dissolved at the completion of projects and payment of debt service.
Commercial Roger Hertrich, Edmonds, suggested the City had sufficient regulations to address commercial uses in a
Reese residential zone noting commercial uses in a residential zone typically required a Conditional Use Permit
Residential � g � y q
Zone (CUP). He recommended the property owner renting their home on a daily basis be required to apply for
Performance a CUP. Next, he encouraged the public to attend the November 18 public hearing on Chapter 17.60
standards which contains noise and lighting performance standards as well as regulates the number of vehicles and
recreation vehicles that can be stored on a property. He recommended the limitation on the number of
vehicles be related to the size of the property.
Senior 5. DISCUSSION AND POTENTIAL ACTION REGARDING THE SENIOR CENTER LEASE.
Center Lease
Mayor Pro Tem. Plunkett explained that at his request, Board President Rose Cantwell designated
Boardmembers Ben Goodwin and Patsy Ethridge -Neal to speak and take action on behalf of the Board.
Mr. Goodwin distributed a revision to the lease.
City Attorney Scott Snyder explained he drafted the lease which was reviewed by the Senior Center
Board and revisions were made at the Board's request to the draft the Council received in their packet.
He viewed the proposed revision as cosmetic, noting in the past the Council had typically identified a
term with renewal options. The Senior Center has a grant that requires that they have a specific
Edmonds City Council Approved Minutes
November 3, 2008
Page 6
ownership interest. He provided some flexibility in the ordinance for the term of the ownership interest as
it was uncertain when the period of years would begin.
Mr. Goodwin advised the Senior Center had a $200,000 State grant to perform much needed
improvements and repairs to the Center including replacing the canopy over the front entrance, replacing
the roof covering, replacing siding and installing a new sound system. The State grant requires the Center
have the right to occupy the building for ten years. He anticipated bids would be obtained by
March /April 2009 and the work completed next summer; the ten years begins from the time the work is
completed. The initial term of the lease was ten years with two 5 -year extensions with the ten years
beginning on January 1, 2009; however, the repairs will not be completed by January 1, 2009. He
proposed the lease begin on January 1, 2009 and the start date of the first ten years be adjusted based on
the needs of the grant.
Council President Pro Tem Dawson suggested an 11 -year lease. Senior Center Executive Director Hallie
Olson advised the Center was required to indicate they had occupancy for ten years from the start of the
project which would be via a lease agreement and/or a Memo of Understanding. She agreed with Council
President Pro Tern Dawson's suggestion for an 11 -year lease.
Councilmember Bernheim inquired about the relationship between the lease and the services agreement.
Mr. Snyder answered the lease and services agreement were integrated. The Senior Center Board
recommended $60,000 be included in the services agreement; however, the City included that amount for
information only as it was appropriate to include any obligation to fund the Center until budget priorities
were determined.
Mr. Goodwin and Ms. Ethridge -Neal advised an 11 -year lease was acceptable. Mr. Goodwin advised it
was acceptable to leave the appropriation amount blank in the services agreement at this time, noting they
would appreciate at least the amount allocated in the past but understood the City's financial situation.
Mr. Snyder pointed out the service agreement including the appropriation was approved annually by the
Council.
COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WAMBOLT,
TO AUTHORIZE THE MAYOR TO APPROVE THE SENIOR CENTER LEASE WITH
ADDITIONS REGARDING THE TERM OF 11 YEARS.
Councilmember Bernheim clarified the term of the lease would be changed from 10 years to 11 years and
2019 changed to 2020 and the phrase "accordingly to accommodate the CTED grant" would be deleted.
MOTION CARRIED UNANIMOUSLY.
Commercial 6. PROPOSED INTERIM ZONING ORDINANCE REGARDING COMMERCIAL USES IN
Uses in
Residential RESIDENTIAL ZONES RELATED TO HOUSE RENTALS.
Zones re:
Rentals Development Services Director Duane Bowman responded to comments raised by Mr. Hertrich, assuring
the City did not have the appropriate tools to address commercial uses in residential zones. He noted a
home occupation was a person who occupied a house and operated a business which was not the situation
in this instance. He explained this matter was reviewed by the Community Services /Development
Services Committee on October 14 and the Committee recommended the draft interim ordinance be
presented to the Council along with a timeline for a code amendment. Staff was also asked to research
whether the proposed ordinance would impact other properties. The Committee did not provide a
recommendation.
Edmonds City Council Approved Minutes
November 3, 2008
Page 7
Mr. Bowman explained a large house near Talbot Road was being rented for events such as conferences,
weddings, parties, etc. on a daily, weekly or monthly basis, generating problems with noise and traffic
that often requires police response. Staff supports a clarification of the standards for rentals in single
family zones. An Internet search identified at least four other properties used as vacation rentals for one
week and possibly less. Staff does not support daily rentals.
The interim ordinance contains a 30 -day time period; a different time period could be established by the
Council. He noted the Council was required to hold a public hearing within 60 days of the passage of the
interim ordinance; staff recommends December 16 for the public hearing. Depending on the action the
Council takes at the December 16 hearing, the ordinance could be changed or terminated or the matter
would be referred to the Planning Board for review and recommendation.
City Attorney Scott Snyder advised the current zoning ordinance authorizes the renting of rooms as an
outright permitted use in residential zones. The City has never regulated the common practice of renting
houses. Therefore, staff found it inappropriate to use the criminal or civil enforcement process to restrict
the rental of a home based solely on time, thus the reason for the interim zoning ordinance. Staff
discussed 30 versus 7 days and the time period was open for Council discussion.
Council President Pro Tem Dawson commented the ordinance addressed the overall occupancy of a
single family dwelling unit and refers to provisions in ECDC 21.30.010 that define family. She noted the
objection was not to a family renting a house for a short period of time; the issue was parties at a
residence renting on a daily basis. She noted the definition of family would limit the number of
occupants. Mr. Bowman responded the code limited the occupants of a dwelling unit to 15 related people
or 5 unrelated people.
Council President Pro Tem Dawson asked whether staff researched how this issue was addressed by other
cities. Mr. Bowman answered the example he was most familiar with was the Outer Banks of North
Carolina where rentals were weekly. Council President Pro Tem Dawson asked whether local regulations
prohibited less than weekly rentals. Mr. Bowman was not certain.
Council President Pro Tem Dawson asked whether vacation rentals could be regulated similar to a bed &
breakfast. Mr. Snyder responded there were multiple ways to regulate businesses, this was the simplest.
Council President Pro Tem Dawson asked whether consideration was given to requiring someone renting
their home as a commercial enterprise to obtain a business license. Mr. Snyder responded staff felt it was
inappropriate generally to have a business enterprise in a residential neighborhood.
Council President Pro Tem Dawson stated a 7 -day rental seemed to be a vacation rental and similar to a
commercial enterprise. The question then was what type of rental should be allowed without a business
license or Conditional Use Permit (CUP) in residential neighborhoods. Mr. Snyder noted the Council
could adopt a regulatory structure that required a property owner to have a permit to rent their home for a
week or less. He provided the analogy of when the State had strict limitations on adult family homes, less
than 10% of homes registered; when they adopted a more reasonable structure and amendments were
made to the Fair Housing Act, many more homes registered and were licensed and there was greater
control. He noted the Council could request the Planning Board consider home occupation, CUP or other
ways of regulating rentals of less than a month. Council President Pro Tem Dawson commented it would
be interesting to hear from the public their feeling about vacation rentals in their neighborhood. She
noted vacation rentals may be appropriate in some neighborhoods and not in others.
Mr. Bowman requested the Council identify a time period for the interim zoning ordinance. He explained
staff's intent was to identify a solution that was simple to enforce and did not create another permitting
process.
Edmonds City Council Approved Minutes
November 3, 2008
Page 8
Councilmember Wambolt pointed out the ordinance would only be enforced on a complaint basis and
questioned whether this ordinance would have prevented the current situation. He suggested the Police
Department could have used the noise ordinance to address the current situation. Mr. Bowman explained
after receiving complaints and the Police Department responded, staff realized there was no civil remedy
in the code. The Police quieted the users and the owner was infonned the property could not be rented for
weddings and conferences but there was no basis in the code to prohibit daily rentals. He noted a noise
violation required three neighbors to complain and the violation must be continual. In this instance, the
Police were able to quiet the users. Mr. Snyder pointed out if someone was renting a sound system in
addition to renting the property, it was likely a commercial enterprise.
Councilmember Wambolt stated he received calls /emails from residents objecting to the 30 -day limitation
and expressing a preference for 7 days. He asked if the time limit would also apply in the multi- family
zone. Mr. Bowman answered the Council could direct staff to restrict rentals in multi - family zones also.
Councilmember Wambolt expressed support for the ordinance to apply to multi - family zones as well.
Mayor Pro Tem Plunkett advised the Council received a petition with 32 signatures that states the persons
signing the petition support the proposal before the Council on November 3 that would make it illegal for
landlords to rent homes in a single family neighborhood for less than 30 days at a time and opposing the
unlicensed business of nightly rentals of residential property in a single family neighborhood.
Mayor Pro Tem Plunkett asked how the interim ordinance would affect someone like Mr. Wilkinson. Mr.
Bowman answered it would depend on the timeframe the Council selected. Mayor Pro Tem Plunkett
asked whether a provision for a CUP could be added to the ordinance. Mr. Bowman suggested the
Council have the Planning Board vet that issue and make a recommendation. The interim ordinance
would provide tools to address the immediate situation.
Mayor Pro Tem Plunkett asked whether Mr. Wilkinson would be required to discontinue weekly vacation
rentals if the Council adopted the proposed interim ordinance. Mr. Snyder answered when Mr.
Wilkinson's current rental agreements expired he would be subject to the new ordinance. He pointed out
a CUP would need to be restricted based on applying conditions to minimize impacts. As Council
President Pro Tem Dawson suggested, he noted the Planning Board could also consider allowing shorter
rentals for certain neighborhoods.
In spite of his sympathy for the neighbors and his support for reasonable restrictions, Councilmember
Bernheim objected to imposing restrictions immediately without adequate thought and analysis. He
questioned if the Council was required to adopt a finding for an interim ordinance that it was necessary to
adopt it immediately. Mr. Snyder responded a moratorium required a finding of an emergency in order to
be effective within a specified period. A moratorium suspended a lawful use pending a process;
determining if a use was appropriate for a neighborhood was an exercise of the City's police power.
Councilmember Bernheim asked whether local taxes were collected from vacation rentals. Mr. Snyder
answered there was a State leasehold excise tax but no local taxes.
Councilmember Wilson expressed concern with the possibility of unintended consequences. He noted the
symptoms the neighbors were encountering were noise and traffic and if only the symptoms were
addressed, the cause would not be addressed. The proposed interim ordinance would address the cause
but envisioned it could also have unintended consequences. He asked what other options the Council
could consider that would protect single family residential areas but avoid severe financial impacts to
property owners. Mr. Snyder answered other options included a licensing process or a CUP process. He
Edmonds City Council Approved Minutes
November 3, 2008
Page 9
noted a licensing process was easier and less expensive; a CUP process was more time consuming and
expensive, approximately $500 - $1000.
Councilmember Wilson suggested a process where a substantial penalty could be imposed on the property
owner if there were three calls in a month. Mr. Snyder answered that would be similar to a barking dog
complaint which required three neighbors to complain. He anticipated there would be problems with
proof. Councilmember Wilson questioned why there would be problems proving a noise violation or
proving public drunkenness. Mr. Snyder answered noise provisions were based on decibels. He noted in
most residential situations, the police first warned the people violating the noise ordinance.
Councilmember Wilson asked whether the City would be open to a takings claim if the use of property
was limited by this legislation. Mr. Snyder answered the Council was regulating the impact of the
activity on the neighborhood and not the use of the property. He noted regulatory takings were difficult
to prove when the City was exercising its police powers based on impacts to a neighborhood.
Councilmember Wilson asked what his response should be to someone like Mr. Wilkinson or others who
discover they are no longer able to rent their property for less than 30 days. Mr. Bowman stated if the
City received a complaint from a neighbor, the property owner would be contacted. He acknowledged
there may be more than four properties being used as vacation rentals. As previously suggested, there
may be areas such as the bowl where a shorter term rental would be more acceptable.
Councilmember Wambolt expressed concern with establishing rental period zones. He reiterated
whatever limitations were enacted, they would not be enforced. Mr. Bowman assured it would be
enforced if staff received a complaint. Councilmember Wambolt commented few property owners would
be aware of the limitations until there was a violation.
Councilmember Wilson inquired about the process for a typical code amendment. Mr. Bowman
answered it would take 4 -6 months, possibly longer in view of other issues the Planning Board was
considering.
Ord# 3702
Interim
COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER DAWSON, TO
ADOPT INTERIM ZONING ORDINANCE NO. 3702.
Zoning
ordinance—
Rouse
Rentals in
COUNCIL PRESIDENT PRO TEM DAWSON MOVED, SECONDED BY MAYOR PRO TEM
PLUNKETT, TO AMEND THE MOTION THAT THE TERM OF RENTAL BE NOT LESS THAN
Residential
SEVEN DAYS.
Zones
AMENDMENT CARRIED UNANIMOUSLY.
Councilmember Wilson acknowledged the property owner in question was irresponsible but was
concerned that the Council's action could negatively impact other property owners such as Mr.
Wilkinson. While doorbelling last year he encountered a person on 3rd Avenue who complained about a
home rented for short periods. His search at that time found 20 homes that were being used as vacation
rentals. Because there was the potential to have such significant financial impacts on some residents, he
felt it was appropriate for this amendment to follow the typical, normal planning process.
Councilmember Bernheim agreed with Councilmember Wilson's suggestion, advising the normal
planning process would allow residents throughout the City to be informed and ensure all stakeholders
were considered. He favored a license with a restriction approach in order to regulate conduct. He
doubted a 7 or 30 day restriction would be effective, envisioning the property owner could develop some
mechanism to circumvent that requirement.
Edmonds City Council Approved Minutes
November 3, 2008
Page 10
Mayor Pro Tern Plunkett confirmed the motion included establishing a public hearing on December 16.
He expressed interest in the Planning Board considering a CUP process and considering different zones.
Council President Pro Tern Dawson was surprised a license was not required for daily rentals which was
similar to a hotel, a use that was not allowed in residential neighborhoods. She was uncertain whether
vacation rentals of less than 30 days in all zones were appropriate. She supported enacting the interim
zoning ordinance as it was appropriate to prevent daily or weekend rentals in a residential neighborhood
because it was not compatible with single family zones. She noted the Planning Board may want to
consider expanding the limitation to multi - family zones.
MOTION CARRIED (5 -2), COUNCILMEMBERS WILSON AND BERNHEIM OPPOSED.
Councilmember Wilson restated that a public hearing on the interim ordinance was scheduled for
December 16.
city 7. ANNUAL REPORT FROM THE CITY ATTORNEY
Attorney
Annual
Report City Attorney Scott Snyder commented his report this year would be to describe things he worried about,
noting in times of lean budgets, his role was to react to matters brought to him. As an attorney who
represents a number of cities in Puget Sound and a Boardmember of the Washington Association of
Municipal Attorneys he was involved in a number of issues and court rulings that he wanted to discuss
with the Council, most were for the Council's long term consideration.
He explained the Public Records Act was clearly an important tool; government in Washington was
required to be transparent to its citizens. In most cases that works very well; citizens are reasonable in
their requests and City Clerk Sandy Chase and her staff have developed procedures for providing paper
records.
(Council President Pro Tern Dawson left the meeting at 9:00 p.m.)
Mr. Snyder referred to City of Shoreline litigation regarding Councilmembers' email, particularly
metadata. He wanted to ensure in these days of smartphones, text messaging and private email accounts
that the City had a good handle on electronic communications. These were clearly records according to
the Washington Public Records Act and the City would be required to produce them. He noted the
Shoreline situation was instructive because they were able to produce a forwarded copy of the requested
email but not the original email and the attached metadata ruled to be a public record. First, in response
to that case, he provided recommendations to Human Resources Director Debi Humann to upgrade the
City's email policies to include text messaging as well as smartphone usage.
Second, Mr. Snyder urged all Councilmembers to communicate electronically only via their City email
account, not their private or business email account to avoid the risk of having their hard drive searched
by court order. Third, he cited the City of Spokane Valley that invested in putting all its city records and
emails on the Internet and created an indexing system to facilitate citizen searches. He noted the price of
that action may put it out of reach for Edmonds. He summarized the long term solution to most public
record concerns was making the records assessable to citizens without staff involvement other than
determining what records were exempt from disclosure.
He referred to a Public Records Act case against the City of Mesa who was fined $240,000 ($800 per
citizen for a city with 1'/z full -time staff members). A Mesa citizen filed nearly daily public records
requests that prevented city staff from doing any work other than responding to the public records
requests. Mr. Snyder emphasized a citizen's motive for requests, whether it was harassing, intimidating
Edmonds City Council Approved Minutes
November 3, 2008
Page 11
or burdensome had nothing to do with a city's obligation to respond. When the requests overwhelmed the
city, Mesa informed the citizen they would no longer respond to his requests rather than providing a
reasonable estimate regarding the amount of time to respond. He suggested the City determine how much
time was available for fulfilling public records requests and develop policies regarding how the City
would prioritize requests for public records and still get other work done.
Mr. Snyder recalled three years ago he recommended updating the Community Development Code, yet
only two chapters had been addressed, chapters that staff had identified as the least controversial. The
most important chapter that needed to be updated was the procedures chapter which needed to be
streamlined, made user friendly via the use of charts and less dissentient. Further there were several areas
of the code that were out of compliance with State law. He recommended the City's permit revocation
procedures be updated while Mr. Bowman was still on staff and suggested using a stakeholder process of
citizens, organizations, builders and developers to review the procedures section. He noted there were
other issues more appropriately addressed in Executive Session.
He referred to the Attorney General's recent opinion on local regulation of guns. The City of Seattle by
Executive Order of Mayor Nickels imposed restrictions on carrying guns on public property, partially in
response to a shooting at the Seattle Center. A State Representative requested an Attorney General
opinion which in referencing a control statute adopted by the Legislature opines that all municipal
regulation of guns is prohibited/preempted by State statute. He disagreed with the Attorney General's
opinion, noting it equates acting by ordinance in a criminal capacity and fails to consider that
constitutionally every private property owner has the right to determine if someone can bring a gun onto
their property. The Attorney General's opinion takes away cities' rights to regulate the use of its
property. He suggested the City following that issue, anticipating it would be litigated in the future and
that he would be preparing a brief on the subject on behalf of the Washington State Municipal Attorney's
Association.
Mr. Snyder noted when he began as a municipal attorney 30 years ago, 30% of local government
agencies' budgets were provided by the federal government via block grant funds and funds for roads and
infrastructure. Regardless of the outcome of tomorrow's election, both political parties have indicated a
desire for economic stimulus packages and providing some of the stimulus funds to local government to
build needed infrastructure. He encouraged the City to endorse that effort as stimulating jobs at a local
level and providing needed public infrastructure was an appropriate use of tax dollars.
Councilmember Wilson asked Mr. Snyder to expand on the stakeholder proposal. Mr. Snyder offered to
provide further details at a future Community Services/Development Services Committee meeting or
meet with Councilmember Wilson.
Councilmember Wilson suggested the copies of Councilmember emails sent to the Council Assistant be
included in weekly minutes. Mr. Snyder responded the problem was the sheer volume of material. He
acknowledged Councilmembers made a strong effort to provide all information, however, even text
messages regarding City business constituted a document. He noted the Public Records Act defines
public records as both written and electronic data. It was important to keep track of the data and to ensure
a Councilmember did not accidentally use a home or business email account and open their private life or
business to court intrusion or citizen request.
Councilmember Wilson asked what liability Councilmembers incurred if they used a personal email
address instead of a City email address for City business and did not archive on the server all emails. Mr.
Snyder answered the liability was the City's and could give rise to attorney fees and fines of $100 /day.
As the Mesa case shows, by the time a case goes through the judicial system, a small violation was
multiplied by the amount of time until it is judicially resolved.
Edmonds City Council Approved Minutes
November 3, 2008
Page 12
Councilmember Orvis stated although he understood being as transparent as possible, one of the reasons
he used his personal email was as a potential candidate it was his duty to ensure City resources were not
used for campaign purposes. By using his personal computer and email he was shielded from using City
resources. Mr. Snyder appreciated his sensitivity to that aspect but said the difficulty was the information
on his email that was the conduct of public business was subject to the State archivist's retention schedule
and deleting material from his computer may not comply with the State archivist's retention schedule. He
assumed copies were sent to the Council Assistant in accordance with City policy so that copies were
retained of all official communications. However, Mr. Snyder's concern was that Councilmember Orvis'
personal hard drive would need to be provided in order to make an independent determination regarding
what was /was not part of the public record. Councilmember Orvis suggested an email account that both
the City and a Councilmember could access. Mr. Snyder suggested using the City email account and any
responses be sent from his personal account. Councilmember Orvis envisioned a situation where he
wrote a letter to the editor and a citizen sent an election - related email to his City email and asked if he
would be in violation by forwarding that email to his personal email. Mr. Snyder commented the receipt
of information was not a problem but agreed forwarding or printing could be problematic.
Mayor Pro Tem Plunkett declared a brief recess.
Hirst 8. FIRST READING: ORDINANCE AMENDING THE EDMONDS CITY CODE TO ENACT A
Reading: NEW CHAPTER 3.65, EDMONDS TRANSPORTATION BENEFIT DISTRICT (TBD),
Transporta-
tion Benefit ESTABLISHING A TBD, SPECIFYING THE BOUNDARIES FOR THE TBD, SPECIFYING THE
District TBD'S PURPOSE TO MAINTAIN PRESERVE CONSTRUCT AND RECONSTRUCT EXISTING
Ordinance STREET TRANSPORTATION INFRASTRUCTURE AND OTHER CITY STREET
IMPROVEMENTS WHEN DESIGNATED ON STATE AND REGIONAL PLANS.
City Attorney Scott Snyder commented Ms. Shippen was correct with regard to what the AWC
recommended the ordinance include, however, that was not what the statute states, specifically with
regard to the revenue source. He referred to 36.73.050.2.b that states the ordinance establishing a district
shall specify the functions and transportation improvements described to be exercised or funded and
establish the boundaries of the district. Although AWC states the ordinance should specify funding
sources, the statute does not. With regard to the functions, staff recommends the Council consider
funding maintenance functions via the funds raised. The maintenance of City streets was an ongoing
function. He suggested the packet at the public hearing include a history of Governor Gregoire's request
that the State Transportation Plan include the funding of local public infrastructure maintenance as a high
priority item; a public records request is pending for a certified copy of the State Transportation Plan.
Projects that can be funded include any projects included on a state or regional plan.
In response to Ms. Shippen's comments regarding the notice, Mr. Snyder advised staff would investigate
and if there was a problem, it would be corrected.
Community Services /Economic Development Director Stephen Clifton explained the proposed ordinance
was modeled after the recently approved Lake Forest Park ordinance. Lake Forest Park worked closely
with AWC to ensure the ordinance included what was required by RCW and AWC's interpretation. He
referred to his October 23 email to Councilmember Bernheim recommending a public hearing on
November 18, Council direction and another hearing on December 2 and adoption on December 16.
With regard to whether the ordinance complied with RCW, Mr. Clifton noted the ordinance found the
creation of the TBD was in the public interest, identified the boundary of the TBD which was coextensive
with the City's boundary, describes maintenance and preservation of previous investments, and provides
for the function and powers of the TBD. He advised the creation of fees would be adopted by separate
Edmonds City Council Approved Minutes
November 3, 2008
Page 13
ordinance after the TBD Board was created and seated. By creating the TBD, the Council was acting in
an ex officio capacity; the TBD Board would adopt the fees /taxes. Mr. Snyder noted the Council was the
TBD and would decide the range of funding options, many of which required a public vote.
Mr. Clifton advised he invited Ashley Probart, AWC, who attended the Council's August retreat to attend
the November 18 public hearing to answer any questions regarding TBDs.
Councilmember Wilson pointed out some things must be done prior to January 1 to begin collecting
revenue July L Mr. Clifton explained after the TBD enacted a fee such as the $20 vehicle license fee, it
took six months for the Department of Licensing to begin imposing the fee and reimbursing cities. He
suggested the Council discuss fees and direct staff to develop a project list prior to the formation of the
TBD. Mr. Clifton advised a description of the transportation improvements would be included in the staff
report for the November 18 meeting. Mr. Clifton advised the TBD could be created on December 16 and
the fonnal business of the TBD conducted after the first of the year. Councilmember Wilson pointed out
this would delay collection of the funds. Mr. Clifton agreed it would delay collection until July 2009.
Councilmember Wilson asked if the boundary of the TBD would always be coexistent with the
boundaries of the City in the event of annexations. Mr. Snyder stated that was defined in the ordinance.
Councilmember Wilson recalled Ms. Shippen's comment that when the project list was completed, the
TBD must be dissolved. Mr. Snyder stated a dissolution provision was included in the ordinance;
however the intended use of the funds was for ongoing maintenance and repair. Councilmember Wilson
noted it was implied that a project list was fixed and could not be expanded. Mr. Clifton advised some
jurisdictions may have one roadway to be funded via the TBD and the TBD would be dissolved when the
roadway was completed. With maintenance and repair, the $20 fee could be imposed for as long as
maintenance and preservation was needed. Mr. Snyder explained the original TBD provisions were very
restrictive and aimed at regional transportation improvements. Revisions to the TBD legislation in 2007
were intended to broaden the use and allow cities to use TBD funds to maintain roadways.
Councilmember Wilson asked how a project such as sidewalks or culverts could be added. Mr. Snyder
suggested the City follow the same process used to create the TBD to establish new purposes. This TBD
was being established for maintenance purposes and the funds could not be diverted to projects not listed
in the ordinance. Councilmember Wilson concluded the Council could re- purpose the TBD periodically.
He recommended clarifying with Mr. Probart the process for amending the use of the TBD funds as
projects arose.
Councilmember Bernheim inquired about the transportation impact fees on commercial and industrial
buildings. Mr. Clifton answered it could be approximately $10/business annually. Councilmember
Bernheim asked if the $10 annual fee was intended to reflect the impact of traffic generated by the
business. Mr. Snyder answered it was frequently graduated on the number of employees. Using his
business as an example, Councilmember Bernheim asked whether an annual fee of $5 per employee could
be imposed to offset the employee's impact on local roadways. Mr. Snyder answered yes.
Restore
Failing 9. RESOLUTION AUTHORIZING THE MAYOR AND STAFF TO DISPENSE WITH
Roadway COMPETITIVE BIDDING REQUIREMENTS IN ORDER TO RESTORE A FAILING
Embank- ROADWAY EMBANKMENT AND CULVERT ON TALBOT ROAD.
ent on
Talbot Rd.
Public Works Director Noel Miller explained last week staff discovered a rapidly deteriorating 24 -inch
stormwater culvert that crossed under Talbot Road near Cyrus Place. He displayed a map of the area and
identified the location of the culvert which carries a stream running through the County park and out to
Puget Sound. He provided photographs of settlement on Talbot Road, noting at the toe of the
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November 3, 2008
Page 14
embankment they were finding the culvert had come loose and was washing out in sections. As sections
washed out, it went back into the toe of the embankment causing the entire embankment to slide. To
complicate matters there is a high pressure water main under the sidewalk. He concluded time was of the
essence to do repairs as further deterioration was likely to cause the roadway embankment to fail similar
to the embankments on Olympic View Drive and 76th Avenue West last December.
He advised staff met with a team of engineers and contractors last week and began to mobilize to make
repairs. The most current information estimates the cost at $500,000. The work will be paid on a time
and material basis rather than via a lump sum estimate from the contractor. The State of Washington
standard specifications were used which specified the rate to be paid to the contractor. He estimated the
project would take two months to complete. He hoped total closure of the road would not be required and
that one lane could remain open during construction.
Mr. Miller relayed staff's recommendation that the Council adopt a resolution authorizing the Mayor and
staff to dispense with competitive bidding requirements, in order to restore a failing roadway
embankment and culvert on Talbot Road and appropriate up to $500,000 from the Combined 411 Utility
Fund and ending cash balance.
For Councilmember Wilson, Mr. Miller clarified the funds would come from ending cash balance from
the combined utility fund from utility rates with no General Fund monies.
Res# 1183
Restore COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
Failing ADOPT RESOLUTION NO. 1183, AUTHORIZING THE MAYOR AND STAFF TO DISPENSE
Roadway WITH COMPETITIVE BIDDING REQUIREMENTS, IN ORDER TO RESTORE A FAILING
Embank-
ment on ROADWAY EMBANKMENT AND CULVERT ON TALBOT ROAD AND APPROPRIATE UP
Talbot Rd. TO $250,000 FROM THE COMBINED 411 UTILITY FUND AND ENDING CASH BALANCE.
Councilmember Wilson expressed frustration with the requirement to make emergency repairs, pointing
out this was the result of the City not maintaining its infrastructure and he anticipated other emergency
repairs would arise in the future.
MOTION CARRIED UNANIMOUSLY.
10. WORKSHOP ON 2009 -2010 BUDGET
workshop
on Budget A. DISCUSSION AND POTENTIAL ACTION ON COUNCIL DIRECTION REGARDING
2009 -2010 BUDGET OPTIONS.
Mayor Pro Tem Plunkett explained he had envisioned the Council giving direction regarding a budget
option, however, was hesitant to take that action without the full Council present.
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO
EXTEND THE MEETING UNTIL 10:30 P.M. MOTION CARRIED UNANIMOUSLY.
Mayor Pro Tem Plunkett recommended the Council identify an option soon. He was hesitant to select an
option without Council President Pro Tem Dawson who left the meeting due to illness.
Councilmember Bernheim referred to the budget summary sheets that indicate a $107,000 annual savings
via the closure of Yost Pool and inquired about offsetting incomes. Parks & Recreation. Director Brian
McIntosh answered that was the net savings. The pool generates approximately $132,000 and the
$107,000 was the savings that could be realized via closure.
Edmonds City Council Approved Minutes
November 3, 2008
Page 15
Councilmember Wilson advised the work group met with Mr. McIntosh, Finance Director Kathleen
Junglov and Community Services /Economic Development Director Stephen Clifton recently. He referred
to information from MRSC regarding how levy lid lifts work and how votes could be enacted. The work
group discussed a public safety levy as an option although he assured they were not ready to make a
recommendation. Ms. Junglov provided the work group several examples of successful and unsuccessful
levies. Ms. Junglov advised Redmond passed two levies in 2007, a park maintenance levy of 5
cents /$1000 (passed with 59 %) and a public safety levy for 35 cents /$1000 (passed with 63 %). She noted
levies on tomorrow's ballot included parks, parks /trails, parks and recreation, public safety, Pike Place
Market, and a South Prairie levy to prevent General Fund depletion.
Recognizing that the budget did not include funds for the federal lobbyist, Councilmember Wilson
recommended replacing that expenditure with a modest increase, perhaps $2,000 for the Mayor and
$2,000 for the Council President to visit Washington DC to solicit support for federal funds.
Councilmember Wilson asked whether Councilmembers should draft amendments for the next meeting or
wait to propose amendments at the November 18 or December 3 meetings. Mayor Pro Tem Plunkett
recommended Councilmembers provide their amendments to each other and City Clerk Sandy Chase who
could prepare a list that could be displayed at each budget workshop. Mayor Pro Tem Plunkett suggested
staff also display the budget options.
11. MAYOR'S COMMENTS
Mayor Pro Tem Plunkett had no report.
12. COUNCIL COMMENTS
Health t Councilmember Orvis reported four "agonizing" cuts would be highlighted to the Health District Board
Board that would close an STD clinic, eliminate the disease investigator, and eliminate the childcare healthcare
program and the First Step home visiting program.
13. ADJOURN
With no further business, the Council meeting was adjourned at 10:09 p.m.
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