11/01/2005 City CouncilNovember 1, 2005
The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council
Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute.
ELECTED OFFICIALS PRESENT
Gary Haakenson, Mayor
Richard Marin, Council President
Michael Plunkett, Councilmember
Jeff Wilson, Councilmember
Mauni Moore, Councilmember
Peggy Pritchard Olson, Councilmember
Dave Orvis, Councilmember
Deanna Dawson, Councilmember
ALSO PRESENT
Steven Landry, Student Representative
1. APPROVAL OF AGENDA
STAFF PRESENT
Tom Tomberg, Fire Chief
David Stern, Chief of Police
Duane Bowman, Development Services Director
Stephen Clifton, Community Services Director
Dan Clements, Administrative Services Director
Brian McIntosh, Parks & Recreation Director
Jennifer Gerend, Economic Development Dir.
Noel Miller, Public Works Director
Doug Fair, Municipal Court Judge
Kathleen Junglov, Asst. Admin. Services Dir.
Rob Chave, Planning Manager
Darrell Smith, Traffic Engineer
Dave Gebert, City Engineer
Don Fiene, Assistant City Engineer
Scott Snyder, City Attorney
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, FOR
APPROVAL OF THE AGENDA. MOTION CARRIED UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
Council President Marin requested Item H be removed from the Consent Agenda.
COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCIL PRESIDENT MARIN,
FOR APPROVAL OF THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED
UNANIMOUSLY. The agenda items approved are as follows:
(A) ROLL CALL
Approve
10i25i05 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 25, 2005.
Minutes
(C) APPROVAL OF CLAIM CHECKS #83317 THROUGH #83458 FOR THE WEEK OF
Approve Claim
Checks OCTOBER 24, 2005, IN THE AMOUNT OF $230,893.28.
(D) REPORT ON BIDS OPENED ON OCTOBER 4, 2005, FOR THE EDMONDS MEMORIAL
Edmonds CEMETERY IMPROVEMENTS PROJECT AND AWARD OF CONTRACT TO OHNO
Memorial
Cemetery CONSTRUCTION ($710,464.00, INCLUDING TAX).
Edmonds City Council Approved Minutes
November 1, 2005
Page 1
Fire Rescue I (E) REPORT ON BIDS RECEIVED ON OCTOBER 13, 2005, FOR THE PURCHASE OF ONE
Boat FIRE RESCUE BOAT. AUTHORIZATION TO REJECT BID AND READVERTISE FOR
BIDS.
Shoreline (F) AUTHORIZATION FOR THE MAYOR TO EXECUTE A CONTRACT WITH THE
Master Program STATE DEPARTMENT OF ECOLOGY FOR A GRANT IN THE AMOUNT OF $140,000
Update TO COMPLETE A COMPREHENSIVE SHORELINE MASTER PROGRAM UPDATE,
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QUALIFICATION FROM CONSULTANTS TO UNDERTAKE THE PROJECT.
Res# 1l l l (G) AUTHORIZATION OF RESOLUTION NO. 1.111 TO SUBMIT GRANT APPLICATION
CDBG Grant
Application FOR THE 2006 SNOHOMISH COUNTY CDBG CAPITAL PROGRAM FOR SENIOR.
CENTER IMPROVEMENTS.
Council CONSENT AGENDA ITEM H: Proposed Resolution Amending the Rules of Procedure to prohibit public
Meeting Rules comments which inappropriately utilize public facilities for campaign purposes
of Procedure
Council President Marin recommended this item be postponed until the December 6 Council meeting. He
asked City Attorney Scott Snyder to provide background on the proposed resolution.
Mr. Snyder read from RCW 42.17.130, "no elected official nor any employee of his office nor any person
appointed or employed by a public office or agency may use or authorize the use of any of the facilities of
a public agency or office directly or indirectly for the purpose of assisting a campaign for election of any
person to any office or the promotion or opposition to any ballot proposition." He noted three exceptions
were provided in the statute, (1) an action taken during an open public meeting by members of an elected
legislative body to express a collective decision such as the recent public meeting regarding I -912,
(2) actions taken to provide neutral information such as the Council allowing the Council Chambers
and /or Channel 21 to be used to provide a candidate forum, and (3) activities that are part of the normal
and regular conduct of an office or agency such as the Mayor providing information regarding the impact
of a budget. Mr. Snyder explained the State Auditor had issued a number of letter rulings and the
Attorney General had issued at least ten opinions on this oft - litigated section.
Mr. Snyder commented many of the questions posed to him were in regard to First Amendment rights.
The restrictions proposed in the resolution were in regard to time, place and manner. He clarified anyone
was free to talk outside on the sidewalk and public rights -of -way were available for campaign signs,
pointing out even those forums had rules such as campaign signs could not be placed in planter boxes and
a person speaking on sidewalks could not impede traffic or block an ADA access ramp. He summarized
all exercises of First Amendment rights had limitations.
Mr. Snyder explained the request made to him was to draft a rule that reflected the State statute. He noted
the resolution was not intended to prevent any citizen from informing the Council of their dissatisfaction
with the way staff, Council or the Mayor did their jobs. The resolution addressed a citizen making
statements from the podium regarding the election of a specific person or promoting /opposing a specific
ballot measure. The Council meeting was a forum for the Council to conduct business; it was open to the
public, notice of the meeting was required and public hearings must be held on certain issues; however,
there was no state statutory right to an open microphone. Although most City Councils and School
Boards make provisions for public comment, some have many rules and others, such as the City of
Edmonds, only have limits on the time. He suggested a broader discussion regarding the use of City
facilities for candidate forums, rules of decorum for the use of the microphone at City Council meetings,
consideration of rules established by other City Councils for public comment, etc. He explained the
Council was not allowed to make remarks related to a campaign for public office or a position on a ballot
measure; the public had no greater right at a Council meeting.
Edmonds City Council Approved Minutes
November 1, 2005
Page 2
Mr. Snyder summarized the resolution was intended to establish rules for speaking at the microphone and
was not an attempt to restrict comment regarding how staff, the Council or Mayor did their jobs. He
reiterated every exercise of First Amendment rights had limitations and time, place and manner
restrictions were common. He noted the City maintained a wide variety of public forums including parks
and meeting rooms that were available for rent and at no cost. He stated it was not an appropriate use of
the microphone provided for public comment at Council meetings to promote individual candidates.
Council President Marin advised the Council would have further discussion on this issue at the December
6 Council meeting as well as allow public comment on the topic.
Doug Nair, 3. APPROVAL OF MAYOR'S APPOINTMENT OF DOUG FAIR TO A FOUR -YEAR TERM AS
Municipal
Court Judge EDMONDS MUNICIPAL COURT JUDGE
Mayor Haakenson recalled last week the Council made a decision to retain the Edmonds Municipal Court
and make the Municipal Court Judge an elected position at some point in the future. He was very pleased
with the job Judge Fair has done as the City's Municipal Court Judge and requested the Council confirm
Judge Fair's appointment to a four -year term as Edmonds Municipal Court Judge.
COUNCIL PRESIDENT MARIN MOVED, SECONDED BY COUNCILMEMBER MOORE, TO
APPROVE MAYOR HAAKENSON'S APPOINTMENT OF DOUG FAIR TO A FOUR -YEAR
TERM AS EDMONDS MUNICIPAL COURT JUDGE. MOTION CARRIED UNANIMOUSLY.
Council President Marin advised he had heard from many about the excellent job Judge Fair was doing in
this position.
Councilmember Moore commented on Judge Fair's efforts to bring a new level of efficiency to the Court
and restoring confidence in the Edmonds Municipal Court.
Steven Landry, 4. INTRODUCTION OF NEW STUDENT REPRESENTATIVE STEVEN LANDRY
Student
Representative
Council President Marin introduced Steven Landry, a senior at Edmonds - Woodway High School, whose
future plans include attending a 4 -year university to study business and Spanish.
Mr. Landry commented he was excited to be here and looked forward to learning more about City
government.
5. 2006 BUDGET
Public Hearing A. PUBLIC HEARING ON THE 2006 BUDGET INCLUDING REVENUE SOURCES
on 2006 Budget
Administrative Services Director Dan Clements provided an overview of the 2006 budget, recalling the
October 11 Finance Committee meeting included discussion regarding the property tax ordinance and the
use of banked capacity in the 2006 budget; the Mayor presented his budget address on October 18; paper
and electronic copies of the budget were made available to the public; a budget workshop was held
October 25; and tonight's public hearing was an opportunity for the public to provide comment on the
budget and revenues.
Mayor Haakenson opened the public participation portion of the public hearing.
Rowena Miller, Edmonds, expressed the hope that adequate funding for Yost Pool was included in the
2006 budget and recommended the pool schedule be extended rather than compacted. She commented on
Edmonds City Council Approved Minutes
November 1, 2005
Page 3
the City's expenditure of $200,000 for a' /z acre park property on Main Street near Shell Creek, with the
hope that would not preclude purchase of the Woodway Elementary School site.
Hearing no further public comment, Mayor Haakenson closed the public hearing.
Councilmember Plunkett commented it was his impression that the Citizen Advisory Transportation
Committee would provide a recommendation regarding funding sources for transportation improvements;
however, there was no recommendation from that Committee in the budget. City Engineer Dave Gebert
acknowledged one of the Committee's objectives was to make a recommendation but due to the short
timeframe, their presentation emphasized the need for the Council to fund the overlay program and they
chose not to provide a recommendation regarding a funding source at this time.
In response to Ms. Miller's question regarding Yost Pool, Parks & Recreation Director Brian McIntosh
advised the current budget included 100 days of pool operation. He noted in late August /early September
much of the pool's staff returned to college and use of the pool declined to morning lap swims and one
session of lessons in the afternoon made it inefficient to keep the pool operating.
Councilmember Dawson asked when the pool was scheduled to close in the current budget. Mr.
McIntosh answered the closing date depended on the opening date, Memorial Day; the schedule was 100
days following the opening date. Councilmember Dawson inquired about the cost to keep the pool open
past Labor Day. Mr. McIntosh recalled that was researched several years ago and the cost was estimated
at $1,000 per day, likely $130041400 per day now.
Councilmember Dawson asked if the proposal in the 2006 budget was to close the pool early. Mr.
McIntosh answered the pool had traditionally been open for 100 days. He recalled 6 to 7 years ago the
pool was kept open an additional three weeks and the result was that maintenance costs exceeded revenue
collected. Councilmember Dawson asked if the pool could be kept open longer if the weather was good.
Mr. McIntosh answered no because use declined beginning in mid - August.
With regard to the Real Estate Excise Tax (REET) funds used to purchase the wetland property, Mayor
Haakenson advised that would have no impact on the Council decision to proceed with any park
purchases in the future. He advised the City had applied for retroactive grants for that purchase.
In response to Councilmember Plunkett's inquiry regarding a recommendation from the Citizen Advisory
Transportation Committee, Mayor Haakenson anticipated the Committee would be delighted if the
Council identified $500,000 in the budget to fund transportation projects over the next couple years.
2006 Property B. APPROVAL OF THE 2006 PROPERTY TAX ORDINANCE
Tax Ordinance
COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCIL PRESIDENT MARIN, FOR
APPROVAL OF THE 2006 PROPERTY TAX ORDINANCE.
Councilmember Dawson advised she would not support the motion. This action would approve the
allowed 1% increase in property tax as well as the banked capacity, which was allowed via a loophole in
the State law, that had the affect of the City always raising property taxes to the maximum allowable by
law. She noted the banked capacity would provide an additional $285,000. She was concerned with
adopting the property tax ordinance before the Council had made a decision regarding the budget. She
acknowledged some portion of the banked capacity may /may not be necessary given the City's budgetary
constraints; however, a decision at this time was premature as the Council had not made its decision .
regarding items to be funded in the budget and had not made an adequate case to the citizens for this
property tax increase.
Edmonds City Council Approved Minutes
November 1, 2005
Page 4
Councilmember Dawson pointed out it was unknown whether the Legislature would approve sales tax
sourcing; if they did, the City may be in a better financial position; if the Legislature did not, there may be
items in the budget that cannot be funded. She noted the City may need to ask the voters to approve a
property tax measure to fund transportation projects and support for that may be jeopardized if the
Council did not instill confidence in the citizenry that as much as possible was being cut from the budget.
Councilmember Wilson agreed with the concept of delaying approval of the property tax ordinance until
the 2006 budget was approved. He pointed out the need to identify items that would not be funded in the
budget if the City did not collect the additional $285,000 provided by banked capacity. He urged
Councilmembers to identify programs they would be willing to cut from the budget if that additional
revenue was not available.
Mayor Haakenson inquired about the timeline for adopting the property tax ordinance and the budget.
Mr. Clements answered there was no urgency to pass any of the budget - related ordinances tonight. The
City must submit the property tax ordinance to Snohomish County by the end of November. He advised
the impact of capturing banked capacity on a home valued at $500,000 was $3 per month or $36 per year.
He noted those funds would be used for the additional Police Department staff.
Councilmember Plunkett agreed with Councilmember Wilson's suggestion that Councilmembers who did
not support capturing the banked capacity needed to present options to the Council for budget cuts if that
additional revenue was not available.
Councilmember Moore agreed, pointing out the funds would be used for Police Department staff.
COUNCILMEMBER MOORE WITHDREW HER MOTION WITH THE AGREEMENT OF THE
SECOND.
Councilmember Dawson stated the cost of the additional Police Department staff did not total $285,000,
it was only approximately $100,000. She reiterated it had not been adequately demonstrated that it was
necessary to access the full banked capacity. She agreed to identify items to cut from the budget, noting
there were some items that did not necessarily need to be funded in 2006.
Council President Marin added a 60 minute budget workshop to the Monday, November 7 Council
meeting following 6:00 p.m. committee meetings.
C. APPROVAL OF THE UTILITY RATE ORDINANCE
Ord# 3570 COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCIL PRESIDENT MARIN, FOR
Utility Rate APPROVAL OF THE UTILITY RATE ORDINANCE. MOTION CARRIED UNANIMOUSLY.
Ordinance The Ordinance reads as follows:
ORDINANCE NO. 3570 — AMENDING THE PROVISIONS OF SECTION 7.50.050 RATES AND
CHARGES TO INCREASE THE COMBINED UTILITY RATE, STORM WATER
MANAGEMENT COMPONENT BY EIGHT PERCENT EQUIVALENT TO FIFTY EIGHT
CENTS PER MONTH AND AMENDING THE PROVISIONS OF SECTION 7.30.040 UTILITY
CHARGES — SANITARY SEWER TO DECREASE THE SANITARY SEWER COMPONENT BY
2.24 PERCENT.
2006 Budget D. POSSIBLE ADOPTION OF THE 2006 BUDGET ORDINANCE
Ordinance
Mayor Haakenson acknowledged adoption of the 2006 budget would be postponed to a future meeting.
Edmonds City Council Approved Minutes
November 1, 2005
Page 5
For Councilmember Plunkett, Mr. Clements advised the budget must be adopted by the end of the year,
the property tax ordinance must be submitted to Snohomish County by the end of November.
Councilmember Plunkett recommended the Council develop a process for Councilmembers to propose
amendments to the budget. He suggested Councilmembers provide their amendments in writing and
include them in the Council packet. Mr. Clements recalled in the past staff created a matrix of
amendments proposed by Councilmembers. It was agreed Councilmembers Moore and Plunkett would
submit their amendments to Mr. Clements by Thursday, November 3, to allow him to determine the
budget impact and then Council President Marin and Mr. Clements coordinate their inclusion in a matrix
and Councilmember Dawson would submit her proposed amendments by Thursday, November 10.
Councilmember Dawson suggested Councilmembers describe their amendments tonight. She inquired
about the timing of the public safety positions, commenting it was her understanding if the Legislature did
not approve sales tax sourcing, those positions would not be funded. Mayor Haakenson advised a
funding source could not be identified that would fund those positions for the entire year. A decision has
not yet been made whether those positions would be eliminated if the Legislature did not approve sales
tax sourcing but there would be six months to make that decision if that revenue source was not realized.
Councilmember Dawson commented if the Council approved capturing the full banked capacity, those
public safety positions would not necessarily be filled as they were somewhat contingent on whether the
Legislature approved sales tax sourcing. Mayor Haakenson agreed.
Councilmember Plunkett advised the amendment he planned to propose was $1500 for a detector loop at
SR 104/226"
Councilmember Dawson explained the Disability Board reviewed funding for disability payments to
LEOFF public safety professionals and found the 2006 budget for Firefighter Pension Fund 617 currently
reflects $45,756 when it should be $62,000 this year. Mr. Clement advised that change would not impact
the General Fund.
Councilmember Moore advised her amendments were in regard to community marketing. Her proposal,
developed with the assistance of Economic Development Director Jennifer Gerend who had experience
with this method in other cities, was to fund Team Edmonds in a partnership manner. She recommended
the City fund $15,000 to assist businesses and festivals in using the Team Edmonds brand in their
advertisements and radio spots. She also requested including $5,000 in the budget for a camera, tripod
and editing equipment to record community events for broadcast on Channel 21. Comcast also expressed
interest in granting funds for this equipment. She proposed using students from the high school and
Edmonds Community College to do the editing. She described events that could be recorded such as the
4th of July parade, Memorial Day event, homecoming parade, interview Fire Chief Tomberg with regard
to emergency preparedness, etc. She also contacted the local newspaper about providing space to list
programming on Channel 21. She also requested including $5,000 in the budget for special notices
associated with community outreach. She summarized this was her proposal to fund community
marketing in the amount that was provided to Team Edmonds in 2005.
Councilmember Dawson asked how Councilmember Moore proposed to fund those items. Mr. Clements
stated beginning cash balance could be used. He commented there was less concern with one -time
expenditures than with ongoing staff expenses because those costs increased faster than revenues.
Mr. Snyder commented the intent would be that those funds would be used for economic development
purposes; utilizing a common brand increased the visibility of the City as a whole.
Edmonds City Council Approved Minutes
November 1, 2005
Page 6
Councilmember Wilson relayed his intent to have staff consider funding traffic calming on 217th. He
explained the issues on 217th were related to the 220th Street project which should have included measures
to slow speeds on 217th during that lengthy project.
Definition of 6. PUBLIC HEARING ON THE PLANNING BOARD'S RECOMMENDATION ON PROPOSED
Families" AMENDMENTS TO TITLE 21 EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC)
REGARDING THE DEFINITION OF "FAMILIES."
Planning Manager Rob Chave explained this issue came to staff's attention when it was discovered the
definition of family in the code did not address exchange students. In an attempt to update the code to
address exchange students, an interim ordinance was adopted to allow the Planning Board time to study
the issue. The Planning Board discussed a variety of issues related to the definition of family and after
holding a public hearing, recommended a method similar to the interim ordinance in which exchange
students were viewed the same as other renters residing with a family, allowing up to two exchange
students /boarders to live with a family. He referred to City Attorney Scott Snyder's memo which
outlined the danger of defining, and thereby regulating, the normal activities that occur with a single
family residence.
Councilmember Wilson asked if any problems had arisen since the interim ordinance had been in place.
Mr. Chave answered there had not been any enforcement cases other than the one that initiated this
review. Mr. Snyder recalled this issue arose when a woman who routinely hosted foreign exchange
students wanted to expand her home to accommodate a larger number and found the City's definition of
family did not address the matter.
Councilmember Wilson recalled the code did not address how long a person must reside at a residence to
be considered a part of the family. Mr. Snyder answered it was not advisable to attempt to regulate
guests, how long they stayed or their relationship to the family.
Mayor Haakenson opened the public participation portion of the public hearing. There were no members
of the public present who wished to provide testimony; Mayor Haakenson closed the public hearing and
remanded the matter to the Council for action.
Ord# 3571 COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT MARIN, TO
Definition of
"Families" APPROVE THE ORDINANCE NO. 3571 RECOMMENDED BY THE PLANNING BOARD.
MOTION CARRIED UNANIMOUSLY.
Essential Public 7• PUBLIC HEARING ON THE PLANNING BOARD'S RECOMMENDATION ON PROPOSED
Facilities AMENDMENTS TO TITLE 20 EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC)
ADDRESSING THE REGULATION OF ESSENTIAL PUBLIC FACILITIES
Planning Manager Rob Chave explained the ordinance attempted to treat essential public facilities as a
use that was potentially allowed but required a Special Use Permit with specific decision criteria. The
ordinance also contained a provision that allowed review of previously approved essential public facilities
that were not abiding by the conditions of approval. The criteria also required a public process,
consideration of the financial impacts to the City, that the project sponsor bear the cost of the public
process and studies, etc.
City Attorney Scott Snyder advised development of this ordinance followed extensive litigation between
King and Snohomish Counties. He noted the two areas where the ordinance pushed the "edge of the
envelope," an edge that had not yet been litigated was that a site for a regional facility must have been
identified via a collaborative process that involved Edmonds residents and that the regional facility must
serve Edmonds in some manner.
Edmonds City Council Approved Minutes
November 1, 2005
Page 7
Councilmember Wilson asked whether the criteria in the Comprehensive Plan, "the site is physically
suitable for the facility" was too vague. Mr. Chave answered because it was a Comprehensive Plan
policy, it was intended to be more general. Mr. Snyder referred Councilmember Wilson to paragraphs 8
and 9 on page 7 of the ordinance that addressed site suitability including access, support facilities,
topography, geology, onsite mitigation, compatibility with surrounding uses, etc. Mr. Chave advised the
specific criteria were contained in the ordinance; the overall direction was provided by the
Comprehensive Plan policies.
Councilmember Wilson asked whether the ordinance could designate the City as the lead agency in the
SEPA process. Mr. Snyder answered not in the ordinance but it could be considered in the SEPA and
Shoreline Plan update. He acknowledged this may be problematic if the project sponsor were a regional
agency that served multiple jurisdictions. Mr. Chave advised if the Council retained funding for the
Zoning Code rewrite in the budget, this would be addressed as part of that process.
Councilmember Dawson complimented Mr. Snyder on a well written document.
Mayor Haakenson opened the public participation portion of the public hearing.
Don Kreiman, Edmonds, relayed that he had attended most of the Planning Board meetings regarding
this topic and found the Planning Board conducted a very thorough review. He recommended the
Council adopt the Planning Board's recommendation.
Roger Hertrich, Edmonds, suggested the list of examples of essential public facilities provided in Mr.
Snyder's memo be incorporated into the ordinance.
Hearing no further public comment, Mayor Haakenson closed the public hearing.
Mr. Snyder explained the list that Mr. Hertrich referred to was contained in RCW 36.70A.200 but also
referenced any other facilities that were difficult to site. The focus of the ordinance was an essential
public facility whether by the State's definition or if via the process it could be proved that it was difficult
to site. He noted one of the risks of including the list was these provisions were often amended such as
the recent addition of security community transition facilities. Referencing the RCW would not require
the City's code to be updated as amendments are made to the RCW. He noted in addition to the list in the
RCW, the State Office of Financial Management also maintained a list that was frequently out of date.
Mayor Haakenson remanded the matter to Council for action.
Ord# 3572
Essential Public COUNCILMEMBER MOORE MOVED, SECONDED BY COUNCILMEMBER DAWSON, FOR
Facilities APPROVAL OF ORDINANCE NO. 3572. MOTION CARRIED UNANIMOUSLY.
City Attorney 8. CITY ATTORNEY ANNUAL REPORT
Annual Report
City Attorney Scott Snyder remarked that although a City Attorney was not the most lucrative profession,
what he liked best was the opportunity to help people make things work. People in Edmonds are sincere
in their desire to make the City work and make it a better city even if they may have different views
regarding how to accomplish their goals.
Mr. Snyder advised although no change was proposed in his budget other than a CPI increase, he
requested a change in the billing method, eliminating the retainer and billing on an hourly basis. He
assured this would not change the total amount and he was committed to staying within the budget.
Edmonds City Council Approved Minutes
November 1, 2005
Page 8
Councilmember Moore thanked Mr. Snyder for the excellent job he does for the City.
Councilmember Dawson asked how the Council could ensure they were not taking advantage of the City
Attorney's time and only utilizing the City Attorney when necessary. Mr. Snyder stated he answered
most staff questions via email and his responses could be google- searched from the desktop. With regard
to Council inquires, his rule of thumb was one hour — if a question could be answered in one hour, he was
happy to do it. If it took longer than an hour, he often provided a brief synopsis and referred the matter to
the Mayor's staff or Council President for direction as larger projects that required significant investment
of time should be initiated by a majority vote of the Council.
For Councilmember Dawson, Mr. Snyder advised the retainer rate in the 2005 budget was $150 /hour and
$175 /hour for specialty litigation. He proposed a $200 /hour billing rate.
Councilmember Dawson asked whether there was a more efficient way to schedule items on the Council
agenda. Mr. Snyder answered he typically attended meetings on the first and third Tuesday as those were
when public hearings were scheduled. The most helpful would be not to schedule one brief item
requiring the City Attorney on an agenda. Attending numerous Council meetings in other cities
throughout the year, he assured the public that the Edmonds City Council had an excellent level of civility
and did not use the City Attorney as a way to say no. His goal as City Attorney was to find ways to
accomplish things; many Councils ask their City Attorney questions as a way to get out of voting on an
issue. Edmonds City Council was good about stating what they wanted to accomplish and allowing staff
to find a way to accomplish it.
For Councilmember Wilson, Mr. Snyder explained his intent was to remain within the budget amount for
basic City Attorney services. The amount budgeted for litigation was an estimate based on history.
Councilmember Wilson asked that the Council be informed if it appeared the amount budgeted for the
City Attorney would be exceeded. He suggested a quarterly or semi - annual report of Couneilmember's
use of the City Attorney's time. Mr. Snyder advised he requested Finance staff provide monthly reports
so that the budget could be closely monitored. He assured the City would not be billed for review time
and explained his billings list the name of the Councilmember, subject and time.
9. AUDIENCE COMMENTS
Taxes Jim Weber, Edmonds, referred to an article in the Herald regarding Edmonds' proposal to increase
property taxes 3.6 %. He also inquired about the impact of the utility rate ordinance on tonight's agenda.
Respectful of Robert Rhein, Edmonds, expressed concern with the decline in people's attitudes. He asked who
others remembered where they were 18 years ago; recalling he was in the Persian Gulf escorting oil tankers, a
situation in which he could have lost his life. He expressed frustration with people who complain about
building heights and other trivial issues when there were people in the world who did not have access to
clean drinking water. He was ashamed and embarrassed by those few people who made such comments
every Tuesday night. He urged the public to be more considerate and respectful of each other. He urged
the Student Representative to follow his heart and dreams and not let anyone stop him.
Respectful of Elaine Nicholson, Edmonds, requested respect and courtesy toward City staff, Councilmembers and
Others Mayor. She commended Student Representative Molly Thomson for asking the audience at last week's
Council meeting to maintain respect for Councilmembers, that recent displays were not something anyone
wanted to watch on TV, and not something the City wanted to be known for. Ms. Nicholson
acknowledged everyone was entitled to his /her opinion but it was not acceptable for any citizen to be
insulting and make remarks aimed at specific individuals. She was embarrassed as an Edmonds resident
to listen to public comments that were degrading to elected officials. She encouraged the public to listen
Edmonds City Council Approved Minutes
November 1, 2005
Page 9
to themselves and determine how they could present their opinions in a professional rather than a
derogatory manner. She congratulated the Edmonds Chamber of Commerce for the great event held
downtown on Halloween.
Ray Martin, Edmonds, thanked the Council for pulling Consent Agenda Item H, commenting there were
Council likely to be problems with that approach. He disagreed with Mr. Snyder's explanation regarding the use
Meeting Rules
of Procedure/ of RCW 42.17.130 as a tool to control audience participation, asserting that audience participation and the
Audience right to criticize public officials was addressed by the third exception, activities that are part of the normal
Comments and regular conduct of the office or agency. He also questioned who defined campaigning, recalling
Mayor Haakenson considered his entire presentation last week campaigning, however, he defined it as a
grievance against Councilmember Wilson for misrepresenting himself on campaign materials. He
advised two complaints were filed with the ACLU as a result of last week's meeting. He noted the
Council minutes did not accurately reflect the situation at last week's meeting and he planned to prepare a
verbatim transcript from the tape. He relayed that he had been commended by several citizens for his
comments and criticized by one prominent woman whose criticism he took to heart. He summarized
citizens would defend their First Amendment rights. With regard to Mayor Haakenson's statement last
week that the Council asked that he not allow campaigning during Council meetings, Mr. Martin advised
when he inquired of Councilmember Dawson, she was unaware of this request.
Council Rowena Miller, Edmonds, thanked the Council for delaying action on Consent Agenda H, the resolution
Meeting Rules to control public comments. She acknowledged there was a lively election campaign underway and
of Procedure/
Audience although some may find this campaign negative, others found it matched the Washington Court of
Comments Appeals declaration that debate on public issues should be uninhibited, robust and wide open. She
implored the Council and Mayor to continue to allow unrestricted audience comments, a procedure that
has made Edmonds government accessible and open. She recommended the Council not adopt any
restriction on public comment that would conflict with First Amendment free speech rights or give the
appearance of conflict. She also recommended the Council refrain from including on the Consent Agenda
items that should be discussed in public, as scheduling this resolution on the Consent Agenda gave the
impression it was a unanimous agreement made behind the scenes.
Council Bruce Nicholson, Edmonds, urged everyone who spoke during audience comment to return to a degree
Meeting Rules of civility and professionalism. He noted the Bill of Rights Amendment #1 did not give any citizen the
of Procedure/ right to verbally abuse, harass, or demean Edmonds employees and/or Councilmembers; quite the
Audience
Comments opposite, the First Amendment article provided for the right of people peaceably to assemble. He
provided the Webster's definition of peaceably that included fond of, inclined toward, promoting peace,
not quarrelsome. He supported the Council passing a resolution that included enforcement for the
conduct of audience participation. He suggested a resolution that governed public, professional conduct
at Council meetings that would include a three strike rule for violations with a strike occurring when the
resolution was violated, and three accumulated violations would disqualify the speaker for a period of
three months. He explained this approach would allow the Council to address more important issues
affecting residents and the community. He supported enforcement of the existing RCW prohibiting
public campaigning and a resolution removing the campaign process from City Council meetings.
Council Roger Hertrich, Edmonds, advised he contacted Council President Marin as well as the ACLU
Meeting Rules regarding Consent Agenda Item H. He disagreed with Mr. Snyder regarding the RCW, asserting it
a diencdure/ applied only to public officials and not the public. If the Council wanted to restrict comment, he
Comments recommended public comment be restricted completely; if the Council allowed public comment, the
content could not be restricted. He alleged the Council conducted a roving quorum regarding restrictions
on public comment, asserting that was the reason Item. H had been removed from the Consent Agenda.
He asked Councilmembers who did not ask Mayor Haakenson to restrict public comment to inform the
Edmonds City Council Approved Minutes
November 1, 2005
Page 10
public. He displayed campaign materials from Councilmember Wilson, questioning his use of
photographs of public facilities in his brochure.
Don Kreiman, Edmonds, referred to the belligerence displayed at last week's Council meeting,
commenting what he saw were angry people afraid of change. He acknowledged the contributions of Mr.
Martin in the military and Mr. Hertrich as a former Councilmember and urged them to go back to the
behavior of those days.
D. J. Wilson, Edmonds, thanked the Council for serving, the City Attorney for demonstrating humility
when he wanted a pay increase although it was far below market rate. He also thanked the members of
boards and commissions and candidates for public office. A member of the Transportation Advisory
Committee, he explained the Committee began meeting in August to educate themselves on the topic and
hoped to provide better budgetary recommendations in the future.
conduct at Michelle Brets, Edmonds, commented on an impromptu meeting Mayor Haakenson granted her 9 -year
old daughter and a friend to discuss ways they could become involved in the community. She and her
Meeting
daughter have been working on a Council campaign and have been watching Council meetings together.
She was saddened that she had to ask her daughter to leave the room during the telecast of last week's
Council meeting because the conduct displayed was not appropriate for her daughter to witness. After
explaining to her daughter that some people feel they have the right to say hurtful things about others, her
daughter responded they were taught at school not to say derogatory, mean and nasty things. She thanked
the Councilmembers for everything they do commenting she was inspired to attend meetings and
encourage young people to get involved and consider becoming Councilmembers in the future.
issue re: I Joan Bloom, Edmonds, reported after presenting an issue related to a small wetland near her home, she
Wetland met with Mayor Haakenson the next day who along with Development Services Director Duane Bowman
spent two hours answering her questions and facilitating a positive outcome. She thanked Mayor
Haakenson and Mr. Bowman for their patience and for the time they spent with her. She advised the text
of her inquiry and Mr. Bowman's reply would be in the Edmonds Beacon this week.
Property Tax
In response to Mr. Weber, Mayor Haakenson advised the Council would be discussing the 3.6% property
tax increase again at the Monday, November 7 meeting as well as possibly the two following meetings.
He read what the Council approved with regard to the utility ordinance, "Staff recommends Council
Utility rates approve a rate ordinance establishing an increase in stormwater rates and decrease in sanitary sewer rates
for 2006, in order to accommodate major stormwater capital improvement projects. Looking at each
service, this recommendation translates into a 0% increase in water rates, 2.24% decrease in sanitary
sewer rates, and an 8% increase in stormwater rates. Last fall the City entered into a contract with FCS
Group of Redmond, for a combined utility rate study. A 7% stormwater rate increase was scheduled for
2006. Because of an emergency outfall repair project, a rate increase of approximately 9% was
anticipated for the coming year. Further analysis reduced this increase to 8% (58 cents) per month. As
part of our annual utility rate study, staff noted that sanitary sewer revenue was holding up well and costs
were below projections. As a result, sanitary sewer rates will be reduced by 2.24% so the net impact to
the average rate payer will be 0 %."
In response to Mr. Hertrich's comment that RCW 42.17.130 applied only to elected officials, Mr. Snyder
Use of Public
for explained it also prohibited a public official from authorizing the use of an facilities directly or
Facilities for p p p g y y
Campaigning indirectly, in this case it was the use of the microphone. He pointed out people using the microphone
were filmed by the camera which was public equipment operated by a public employee and would be
televised on a public access channel using public facilities — clearly utilizing the podium during a Council .
meeting for campaigning was a violation of this statute. He offered to review the numerous auditor and
Attorney General opinions provided on the subject at the December 6 meeting.
Edmonds City Council Approved Minutes
November 1, 2005
Page 11
With regard to a candidate having their picture taken in front of a public facility, Mr. Snyder explained
the auditor /Attorney General ruling was if the public could be there, anyone could have their picture taken
there. He has advised the Fire Department not to roll out the fire engine for a picture but if it was already
outside, there was no prohibition against having your picture taken in front of it. Similarly, no one should
expect to broadcast a campaign message on the Council meeting camera at public expense.
With regard to the suggested rules of conduct, Mr. Snyder suggested the Council consider other cities'
rules of conduct. With regard to Ms. Miller's request that the Council not pass a resolution governing
conduct, Mr. Snyder explained with or without a resolution, the provisions were in State law and it would
be a violation for the Council or Mayor to allow a member of the public to use the microphone for that
purpose.
Mr. Snyder pointed out that under Roberts Rules of Order, Mayor Haakenson chaired the meeting and if a
Councilmember wanted to overrule him, they could do so. He summarized there were many restrictions
on campaigns with regard to the use of public facilities and the proposed resolution did not violate
anyone's First Amendment rights.
With regard to Mr. Martin's assertion related to normal and regular conduct, Mr. Snyder acknowledged
criticizing public officials was a fundamental right of every citizen and was normal and regular conduct,
but it could not include a statement promoting the election of a specific candidate.
With regard to Mr. Martin's question that Council asked for control of campaigning at Council meetings,
Mayor Haakenson advised only a majority of four Councilmembers was necessary to provide direction .
and five Councilmembers had asked for that control.
10. MAYOR'S COMMENTS
Fountain at 5` Mayor Haakenson advised the art and fountain at 5th & Main destroyed in an automobile accident Friday
and Main evening had been assessed by the artist and the original or a replica would be built and installed during
the second quarter of 2006.
Hurricane Mayor Haakenson provided an update on efforts to provide relief to the hurricane - damaged city that
Relief Efforts i Edmonds adopted, Bay St. Louis, commenting their needs changed daily. Now that many people were
being housed in FEMA trailers with queen -sized beds, there is a great need for queen -sized bedding.
Donations are being collected in the Brackett Room of City Hall and a meeting for anyone interested in
helping is scheduled for November 3.
Emergency In response to Councilmember Moore's request for an article regarding the City's emergency
Preparedness preparedness, Mayor Haakenson advised the article will be in this week's edition of the Edmonds Beacon.
11. COUNCIL COMMENTS
November 7 Council President Marin advised the full Council would meet on Monday, November 7 following Council
Council
Meeting committee meetings for a budget workshop as well as another scheduled item.
Councilmember Moore commented her teen did not like to watch Council meetings but loved to listen to
Public the cunnud eons speak. She did not support scheduling the resolution regarding public comment on the
Comments at g p pp g g g p
Council Consent Agenda, noting she had not been asked and there had not been a roving quorum as far as she
Meetings knew. She found the recent outbursts quite fun, noting she has never had as much public sympathy as she
has had in the past week. She encouraged the public to "bring it on." Councilmember Moore appreciated
Edmonds City Council Approved Minutes
November 1, 2005
Page 12
Mr. Martin serving during wartime, noting in her career as a journalist she too had been in several war
zones.
Councilmember Moore acknowledged the Council could decide to stop televising Council meetings,
however, as a service to the public, a handful of people should not be able to prevent the convenience the
televised meeting provided residents to see the Council at work. She did not support restricting anyone's
right to speak.
Councilmember Moore urged the public to be prepared for any disaster. Councilmember Moore reported
Homecoming on the homecoming parade, an example of a small town event. She advised the high school taped the
Parade parade and plans were underway to have an edited version displayed on Channel 21.
Public Safety With Councilmember Orvis' approval, Councilmember Dawson rescheduled the November 7 Public
Committee Safety Committee meeting to 6:45 p.m. Councilmember Dawson reported on the first meeting of the
panel to review the Mediated Role Determination of the potential expansion of Paine Field. She
Paine Field anticipated this group would develop a good product; their next meeting will include a tour of Paine
Field.
Councilmember Dawson thanked audience members who spoke tonight, commenting the civility and
appropriate comments demonstrated there was no need for a resolution. She agreed the Council did not
need to even appear to be restricting the public's speech. She reminded everyone to vote on Tuesday,
November 8.
Halloween Councilmember Olson thanked the downtown merchants who participated in the Halloween event.
CS/DSWith the approval of Councilmember Moore, Councilmember Wilson rescheduled the November 7
Committee Community/Development Services meeting to 6:30 p.m. He reported on his participation as a
homecoming judge at the high school, noting it was a wonderful experience to witness the students'
enthusiasm and exuberance. He welcomed Student Representative Steven Landry and looked forward to
his participation.
Student Representative Landry thanked the City for allowing the high school to have the homecoming
parade downtown. He also thanked the local merchants who displayed their fall sports posters. He
referred to Mr. Snyder's comment that a speaker could not promote the election of a specific candidate
and asked if a speaker could urge the public not to vote for a specific candidate. Mr. Snyder agreed
neither was appropriate,public facilities could not be used to promote or oppose a specific candidate.
Mayor Haakenson agreed the merchants did a great job on Halloween,noting this year's event was nearly
EventHalloWeen double the size of last year's event. He recalled hearing some people remark they had not seen some of
the stores, anticipating many would return to shop. He reported on his participation as a homecoming
judge and watching the homecoming parade. He thanked students for presenting him with a hat and
plaque.
With no further business,the Council meeting was adjourned at 9:05 p.m.
7
AIM (64.....„
G• ' H• • . I `ON, MAYOR SANDRA S. CHASE, CITY CLERK
Edmonds City Council Approved Minutes
November 1,2005
Page 13
AGENDA
t �.' EDMONDS CITY COUNCIL
��� Council Chambers, Public Safety Complex
250 5th Avenue North
7:00 - 10:00 p.m.
NOVEMBER 1, 2005
7:00 p.m. - Call to Order and Flag Salute
1. Approval of Agenda
2. Consent Agenda Items
A. Roll Call
B. Approval of City Council Meeting Minutes of October 25, 2005.
C. Approval of claim checks #83317 through #83458 for the week of October
24, 2005, in the amount of$230,893.28.*
*Information regarding claim checks may be viewed electronically at www.ci.edmonds.wa.us
D. Report on bids opened on October 4, 2005, for the Edmonds Memorial
Cemetery Improvements Project and award of contract to Ohno
Construction ($710,464.00, including tax).
E. Report on bids received on October 13, 2005, for the purchase of one Fire
Rescue Boat. Authorization to reject bid and readvertise for bids.
F. Authorization for the Mayor to execute a contract with the State
Department of Ecology for a grant in the amount of $140,000 to complete a
Comprehensive Shoreline Master Program update, and authorization for
staff to advertise for statements of qualification from consultants to
undertake the project.
G. Authorization of Resolution to submit grant application for the 2006
Snohomish County CDBG Capital Program for Senior Center improvements.
H. Proposed Resolution amending the rules of procedure to prohibit public
comments which inappropriately utilize public facilities for campaign
purposes.
3. (5 Min.) Approval of Mayor's appointment of Doug Fair to a four-year term as Edmonds
Municipal Court Judge.
4. (5 Min.) Introduction of new Student Representative Steven Landry.
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CITY COUNCIL MEETING AGENDA
NOVEMBER 1, 2005
5. (60 Mina 2006 Budget
A. Public Hearing on the 2006 Budget Including Revenue Sources
B. Approval of the 2006 Property Tax Ordinance
C. Approval of the Utility Rate Ordinance
D. Possible Adoption of the 2006 Budget Ordinance
6. (30 Min.) Public Hearing on the Planning Board's recommendation on proposed
amendments to Title 21 Edmonds Community Development Code (ECDC)
regarding the definition of"Families."
7. (30 Mina Public Hearing on the Planning Board's recommendation on proposed
amendments to Title 20 Edmonds Community Development Code (ECDC)
addressing the regulation of Essential Public Facilities.
8. (10 Min.) City Attorney Annual Report
9. Audience Comments (3 Minute Limit Per Person)*
*Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.
10. ( 5 Min.) Mayor's Comments
11. (15 Mina Council Comments
ADJOURN
Parking and meeting rooms are accessible for persons with disabilities.
Please contact the City Clerk at(425) 771-0245 with 24 hours advance notice for special accommodations.
A delayed telecast of the meeting appears on cable television-Government Access Channel 21.
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