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20170502 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES May 2, 2017 ELECTED OFFICIALS PRESENT Thomas Mesaros, Mayor Pro Tem Michael Nelson, Council President Pro Tem Kristiana Johnson, Councilmember Adrienne Fraley-Monillas, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember ELECTED OFFICIALS ABSENT Dave Earling, Mayor Diane Buckshnis, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Scott James, Finance Director Renee McRae, Recreation Manager Jeff Taraday, City Attorney Scott Passey, City Clerk Andrew Pierce, Legislative/Council Assistant Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Pro Tem Mesaros in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present with the exception of Mayor Earling and Councilmember Buckshnis. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO EXCUSE COUNCILMEMBER BUCKSHNIS. MOTION CARRIED UNANIMOUSLY. 3. APPROVAL OF AGENDA COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Fraley-Monillas requested Item 4.9 be removed from the Consent Agenda. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF APRIL 25, 2017 2. APPROVAL OF COUNCIL MEETING MINUTES OF APRIL 25, 2017 Edmonds City Council Approved Minutes May 2, 2017 Page 1 3. APPROVAL OF CLAIM CHECKS AND PAYROLL DIRECT DEPOSIT 4. WASTEWATER TREATMENT, DISPOSAL AND TRANSPORT CONTRACT EXTENSION 5. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE 2017 SANITARY SEWER REPLACEMENT PROJECT TO SHORELINE CONSTRUCTION 6. AUTHORIZATION TO AWARD A CONSTRUCTION CONTRACT FOR THE 2017 WATERMAIN REPLACEMENT PROJECT TO D&G BACKHOE, INC. 7. APPROVAL OF THE RIGHT OF WAY DEDICATION DEED FROM EDMONDS SCHOOL DISTRICT FOR 236TH ST. AT THE MADRONA SCHOOL PROPERTY 8. RESOLUTION 1387 AMENDING THE CITY'S CONTRACTING AND PURCHASING POLICIES 10. AUTHORIZATION FOR DESIGN SERVICES FOR THE WATERFRONT REDEVELOPMENT 11. MEADOWDALE FIELDS ILA ITEM 9. ORDINANCE AMENDING THE APPRENTICESHIP REQUIREMENTS IN ECDC 18.00.050 Councilmember Fraley-Monillas explained she pulled this item to vote against it. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE ITEM 4.9. UPON ROLL CALL, MOTION CARRIED (4-2), COUNCILMEMBERS JOHNSON, TEITZEL AND TIBBOTT AND MAYOR PRO TEM MESAROS VOTING YES; AND COUNCIL PRESIDENT PRO TEM NELSON AND COUNCILMEMBER FRALEY-MONILLAS VOTING NO. 5. PRESENTATIONS/REPORTS 1. PUGET SOUND STARTS HERE MONTH Mayor Pro Tem Mesaros read a proclamation declaring May 2017 as "Puget Sound Starts Here Month," and encouraging all citizens to take action by attending local and regional events and to adopt behaviors in their daily lives to help protect and clean up Puget Sound and our local waterways. He presented the proclamation to Public Works Director Phil Williams. Mr. Williams accepted the proclamation on behalf all City employees and particularly Public Works employees who design and build projects to improve the quality and nature of stormwater runoff from public and private properties. He also highlighted efforts of Parks & Recreation and public safety departments to protect Puget Sound. Staff also works with citizens to do the same on their properties and with their equipment. Puget Sound Starts Here (PSSH) Month is sponsored by the PSSH organization of which Edmonds is a member along with over 700 other organizations in Puget Sound. PSSH jointly sponsors activities throughout the year including numerous events this month such as having a trained mechanic check your car for leaks, the Watershed Fun Fair on May 6 at the Willow Creek Hatchery, and discount tickets for the May 21 Mariners game. He expressed appreciation for the proclamation to inform the public staff is working on these issues throughout the year. He recognized the City Council's role in approving the budget and projects. Edmonds City Council Approved Minutes May 2, 2017 Page 2 2. MEMORIAL DAY PUBLIC SERVICE ANNOUNCEMENT Joshua Brown, a sophomore at Edmonds-Woodway High School and a volunteer for this year's Memorial Day celebration and a drama student, he invited the public to a production at the museum on June 8-11 at 7 p.m. On behalf of the Cemetery Board and Chair Jerry Janacek, Program Chair Melissa Johnson, he invited the Council and the public to the 35th annual Memorial Day Ceremony on Monday, May 26, 2017 at 11 a.m. at the Edmonds Memorial Cemetery and Columbarium. The Cemetery Board invites the public, program participants, and those in attendance to honor the memories of those who died while serving our country. A special invitation is extended to all Vietnam era veterans and their families. The U.S. Defense Department has designated 2017 as the 501h commemorative year for all military personnel who served during the Vietnam era as a way of saying thank you. Vietnam was a time of great stress, claiming over 1 million lives including 24 with ties to south Snohomish County and 23 local high school graduates and one posthumously recipient of the Medal of Honor. The ceremony will feature a welcome home poem, personal memories and a remembrance of the 24 men who did not return. Their names are memorialized on the monument located in front of the Edmonds Museum and also printed in the program. A solemn bell ceremony will include reading of their names. This year's ceremonial flags are those of two Vietnam veterans honoring Ronald Page Paschall of Alderwood Manor who was in the U.S. Army and MIA until 1955 and a member of the 8`h Calvary as well as Richard Starr of Mill Creek, also in the U.S. Army, a first year veteran member and in the 7th Calvary. The U.S. Defense Department presents the family a flag at the time of his/her death and the words, "from a grateful nation." The ceremony is an outdoor event, dress for the weather, seating is limited, parking inside the cemetery is limited to those with handicap permits. Refreshments will be provided. Anyone with questions regarding the ceremony is invited to call Mr. Hoggins. The cemetery is located at 820 15th Street SW, Edmonds, north of QFC in the Westgate shopping center. The dedication of the Veterans Plaza will follow at 2 p.m. on 5th Avenue between City Hall and the Police Department. Mayor Pro Tem Mesaros commented as Vietnam era veteran himself, he was pleased with the selection of that veteran group this year. He thanked Mr. Brown for his involvement and the Cemetery Board for their leadership. 6. AUDIENCE COMMENTS Alvin Rutledge, Edmonds, said he has been receiving the Council minutes free of charge for the past 28 years. He recently received a letter from the City Clerk stating he will be required to pay for the minutes. The City Clerk informed him it was not a budget issue but was in accordance with a resolution adopted by the Council regarding fees charged for copies. He pointed out not everyone has access to the internet or cable and they will now be required to pay a $0.15/page copy charge. He requested the Council reconsider charging for copies of the minutes. 7. UNFINISHED BUSINESS 1. CITY COUNCIL COMMITTEE MEETINGS Mayor Pro Tem Mesaros advised committee meetings will begin next week following a brief Council meeting. He announced the committee members, chair and the meeting location. Finance Committee Location: Council Chambers Edmonds City Council Approved Minutes May 2, 2017 Page 3 Members: Councilmember Buckshnis (Chair) and Councilmember Teitzel Parks Planning & Public Works Committee Location: Jury Meeting Room Members: Councilmember Tibbott (Chair) and Councilmember Johnson Public Safety & Personnel Committee Location: Police Training Room Members: Councilmember Nelson (Chair) and Councilmember Fraley-Monillas Mayor Pro Tem Mesaros invited Council comments on the committee assignments and/or the ordinance related to Council meetings and committee meetings. Councilmember Fraley-Monillas said historically the committee chair was determined by the two Councilmembers on the committees. Councilmember Teitzel asked for clarification regarding the logistics, referring to the language in section 1.04.010.A, "Full Council. Regular meetings of City Council shall be held on every Tuesday of every month except for the fifth Tuesday of a month, a 7:00 p.m." He anticipated the norm will be not to have a Council meeting on the second and fourth Tuesdays. It was not his understanding that the intent was to have a regular Council meeting prior to committee meetings. In the past, Councilmembers went directly to committee meetings and there was no formal Council meeting proceeding committee meetings. City Attorney Jeff Taraday responded this language was drafted with the assumption that there would be at least a brief meeting of the full Council on most Tuesdays. If that was not the Council's intent, the ordinance may need to be revised and brought back to Council at a future meeting. He recognized there could be an occasional Tuesday where the regular Council meeting was cancelled; if the Council thinks cancellation of the full Council meeting on the second and fourth Tuesdays will be the norm, then alternate language should be drafted to reflect the norm and avoid a great deal of cancellation notices. City Clerk Scott Passey agreed and suggested the Council decide what the norm will be although that may be difficult to determine at this point. Councilmember Teitzel said in talking with Councilmembers who have been on the Council for some time, their conclusion was that was the norm, therefore, he suggested proceeding under that assumption. Councilmember Fraley-Monillas agreed only occasionally an urgent issue arose on a committee night, estimating a full Council meeting prior to committee meetings had been necessary only 3-4 times/year which is the opposite of the language in the ordinance. She suggested adding language such as "emergent business conducted prior to committee meetings" which would allow a full Council meeting to be scheduled prior to committee meetings if necessary. Mr. Taraday suggested if the Council's anticipated norm was not having a regular Council meetings on the second and fourth Tuesdays, the first sentence of Section 1.04.010.A. will need to be revised. The Council President always can call a special meeting as he deems necessary. Councilmember Fraley-Monillas said that was her understanding when the Council agreed to proceed with committee meetings. Councilmember Johnson concurred in the past committee meetings were held without a Council meeting proceeding and on occasional a special meeting was held. She summarized it was not the legislative intent to have a regular Council meeting every Tuesday. Mayor Pro Tem Mesaros commented it was unfortunate that Councilmembers Johnson and Fraley- Monillas were not at the retreat. The discussion at the retreat was to schedule a regular meeting prior to committee meetings and when the agenda is published, citizens will be able to see if there will be regular Council meeting prior to committee meetings. That would provide flexibility so the City Clerk does not have to notice a special meeting. He acknowledged that was a change from the past practice but at the retreat it was viewed as a positive change. Edmonds City Council Approved Minutes May 2, 2017 Page 4 Councilmember Fraley-Monillas commented because she and Councilmember Johnson did not attend the retreat, historic practice was omitted from the discussion. She anticipated the norm would be as Councilmember Teitzel and canceling regular Council meetings on the second and fourth Tuesday will create more work for the City Clerk. If the interest was to allow public comment, that could still occur at regular Council meetings twice a month. Councilmember Teitzel commented if a short regular Council meeting was held on the second and fourth Tuesdays, that requires Mr. Taraday, Mr. Passey, the minute taker and the video operator to attend so there is an expense component as well. He suggested expenses could be reduced by not having a regular Council meeting prior to committee meetings. Mr. Taraday said his expense is fixed and it is his normal routine to attend Council meetings every Tuesday. Mr. Passey echoed Mr. Taraday's comments. Councilmember Johnson asked about minute taking of committee meetings. Mayor Pro Tem Mesaros advised a meeting will be held following the Council meeting to finalize that. He anticipated there will be a minute taker at each committee meeting and minutes will be prepared and approved by the City Council. The details will finalized within a half hour of the conclusion of the Council meeting. Councilmember Fraley-Monillas preferred to discuss that in public, including minutes versus notes, coming traditionally notes were taken during community meetings. Mayor Pro Tem Mesaros said the methodology for producing minutes would be discussed following the meeting. Per Mr. Passey, it was his understanding the correct terminology was minutes. Councilmember Fraley-Monillas agreed with Councilmember Teitzel that there was a cost factor. Although there may not be an additional cost to have Mr. Taraday or Mr. Passey attend Council meetings, if they or other staff are present for a regular Council meeting, they are not getting other work done which is a cost to the City. She recommended the Council discuss whether they wanted minutes versus notes and the amount of detail they wanted. She could support either minutes or notes, commenting committee meetings were intended to be informal conversations between two Councilmembers and staff. She was unsure there needed to be detailed minutes or the cost of producing detailed minutes. Councilmember Johnson commented there has been a range of techniques. She recalled in the Parks, Planning & Public Works Committee, engineering staff was responsible for taking very summary notes. The Finance Committee has had the Council minute taker present taking detailed minutes and in the Public Safety & Personnel Committee, a Councilmember took notes. She preferred to discuss the type of minutes during tonight's meeting before committee meetings begin next week. Mr. Passey explained State law states minutes are produced of open meetings. They are called minutes but they can be as detailed or as brief as the Council wishes. It is up to Council whether to have minutes prepared by several people or have some consistency between each committee with one minute taker producing minutes from the audio. Mayor Pro Tem Mesaros suggested it be up to each committee how minutes were produced. Mr. Passey said if the minutes are ultimately approved by the committee, it could be up to the committee. In the past committee minutes were never approved; they were simply included in the packet and a committee member reported on the committee's actions. Council President Pro Tem Nelson suggested his handwriting was not conducive to taking minutes. He supported consistency and since the committee meetings are not televised, he suggested there be more detail, not less for those unable to attend committee meetings. Edmonds City Council Approved Minutes May 2, 2017 Page 5 Mayor Pro Tem Mesaros said he planned to ask Legislative/Council Assistant Andrew Pierce, Camera Operator Jerrie Bevington, and Recorder Jeannie Dines to attend committee meetings, Ms. Dines will take the lead, and Mr. Passey will provide oversight. There will be recording devices in the committee meetings. Although he recognized there was a cost, these three individuals normally attend Council meetings. The details of that will be discussed in a meeting with those individuals following the Council meeting. Councilmember Teitzel suggested from a transparency standpoint, it was important to have the detail available. He suggested the committee meetings be recorded, summary minutes prepared and the recordings posted on the City's website. Mayor Pro Tem Mesaros advised committee meetings will be recorded. He asked whether the recordings could be posted on the City's website. Mr. Passey offered to research whether three separate audio recordings could be posted for one meeting. COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO REVISE SECTION 1.04.010.A to read, "FULL COUNCIL. REGULAR MEETINGS OF THE CITY COUNCIL SHALL BE HELD ON THE FIRST AND THIRD ESV TUESDAY OF EVERY MONTH, EXCEPT FOR THE FIFTH TUESDAY OF A MONTH, AT 7:00 P.M.. Councilmember Tibbott favored having a posted Council meeting every Tuesday except for the fifth Tuesday to provide flexibility. He asked what would be on the agenda for Council meetings on the second and fourth Tuesday. Mayor Pro Tem Mesaros said his job as Council President was to be responsive to the will of the Council. At the retreat, there was interest expressed in flexibility and this change would limit that flexibility. He preferred to have flexibility, recognizing the future was uncertain. If this is the Council's direction, he will do his best not to have agenda items requiring a regular Council meeting on the second and fourth Tuesday, recognizing this may delay things and reduce flexibility. Councilmember Tibbott pointed out the notetakers would be present either way so having a regular Council meeting prior to committee meetings would not incur additional expense. Councilmember Fraley-Monillas said she wished she and/or Councilmember Johnson had been at the retreat or had been consulted. The intent of committee meetings was an opportunity for discussion between Councilmembers and staff regarding agenda items. Her concern with holding a regular Council meeting prior to committee meetings was it could reduce the time available for the committee meetings or for the Council meeting. She preferred to try having just committee meetings on the second and fourth Tuesdays and regular Council meetings on the first and third Tuesdays and schedule a special Council meeting for urgent issues when necessary. If so many urgent issues arise that require special meetings, she suggested the Council may want to return to one committee meeting a month which worked well in the past. She commented when urgent issues arose requiring a Council meeting prior to committee meetings in the past, they were typically short. UPON ROLL CALL, MOTION FAILED (3-3), MOVED, COUNCILMEMBERS JOHNSON, FRALEY-MONILLAS AND TEITZEL VOTING YES; AND MAYOR PRO TEM MESAROS, COUNCIL PRESIDENT PRO TEM NELSON, AND COUNCILMEMBER TIBBOTT VOTING NO. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO AMEND THE ORDINANCE TO STATE IF FULL COUNCIL MEETINGS ARE HELD PRIOR TO COMMITTEE MEETINGS, THE ISSUES BE URGENT IN NATURE. Mr. Taraday commented this amendment will place restrictions on the Council that are not required by law. Including this language removes the discretion to have a special meeting instead of leaving it to those who are charged with determining whether a special meeting is necessary, something he wondered if the Council would later regret. Councilmember Fraley-Monillas suggested Mr. Taraday offer wording to Edmonds City Council Approved Minutes May 2, 2017 Page 6 achieve her intent. Mr. Taraday said the amendment offered by Councilmember Teitzel implied any Council meeting other than the first and third Tuesday would be a special meeting. He explained Council meetings are either regular or special; if a meeting is not a regular meeting, it is a special meeting. The language in the current ordinance was drafted this way because his goal was to provide as much flexibility for the Council as possible. A special meeting requires 24 hours' advance notice; cancellation of a meeting does not. Mr. Taraday explained if the Council is trying to decide whether to err on the side of over -scheduling regular meeting and then cancelling them versus under -scheduling regular meetings and having to issue special meeting notices, it is easier for the City Clerk and legally to cancel regular meetings instead of post notice of special meetings. In addition, final action can only be taken at a special meeting on items listed on the agenda. He summarized the current ordinance gives the Council maximum flexibility to respond to urgent matters without having to issue special meeting notices which was the goal at the time the ordinance was drafted. If the Council is concerned that that will result in four regular meetings/month plus committee meetings, that can be resolved via a discussion with the Council President regarding what is scheduled on agendas. Councilmember Fraley-Monillas said she was not aware there was a procedure for cancelling meetings versus scheduling a special meeting. Mr. Taraday said he did not believe there was a 24-hour notice requirement to cancel a meeting. Councilmember Fraley-Monillas asked what is required to cancel a meeting. Mr. Passey said notice is posted on the website and location is posted that the meeting has been cancelled. Many things beyond the Council's control might necessitate cancelling a meeting such as a power outage, therefore, providing 24 hours' notice may not be possible. COUNCILMEMBER FRALEY-MONILLAS WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO POSTPONE FURTHER DISCUSSION REGARDING WHETHER TO CHANGE TO THE ORDINANCE TO NEXT WEEK AND HOLD A REGULAR MEETING BEFORE COMMITTEE MEETINGS TO MAKE A DECISION. UPON ROLL CALL, MOTION FAILED (2- 4), COUNCILMEMBERS JOHNSON AND FRALEY-MONILLAS VOTING YES; AND COUNCIL PRESIDENT PRO TEM NELSON, MAYOR PRO TEM MESAROS, AND COUNCILMEMBERS TEITZEL AND TIBBOTT VOTING NO. For Councilmember Fraley-Monillas, Mr. Taraday explained the ordinance regarding Council meetings and committee meetings was approved at a previous Council meeting. It was included in the packet for reference. A motion to amend the ordinance was made and failed. Councilmember Fraley-Monillas relayed her understanding no other changes have been made to the ordinance since it was approved by the Council. Mr. Taraday agreed. 8. MAYOR'S COMMENTS Mayor Pro Tem Mesaros encouraged the public to take part in the Watershed Fun Fair on Saturday, May 6 from 11 a.m. to 3 p.m. at the Willow Creek Hatchery, 95 Pine Street. 9. COUNCIL COMMENTS Councilmember Teitzel relayed an observation and thank you to protestors and police through the region regarding May Day protests and exercise of free speech. He was heartened this year that there was no appreciable violence, no property destruction, and no excessive use of force by police. He was pleased citizens were able to have their voices heard and viewpoints known and the police exercised restraint and this happened peacefully. Edmonds City Council Approved Minutes May 2, 2017 Page 7 Councilmember Fraley-Monillas asked how many citizens are provided copes of meeting minutes. City Clerk Scott Passey answered maybe five. Councilmember Fraley-Monillas asked the cost to the City to make those copies. Mr. Passey said the adopted fee schedule allows up to five copies for free and then $0.15 per page. Councilmember Fraley-Monillas asked if it is only minutes that are being provided. Mr. Passey answered it not always just minutes, there have been requests for an entire agenda item. This issue arose when he discovered copies have been provided to some without charge and he wanted to be fair in the way the fee schedule was being administered with regard to public records requests. Councilmember Fraley-Monillas suggested determining a way to provide meeting minutes to citizens without cable or internet access. Mr. Passey suggested a certain number of copies be printed and available each week. Council President Pro Tem Nelson expressed support for offering free printed copies of minutes. Councilmember Tibbott announced he will be attending the Congress on New Urbanisms on Wednesday through Friday, a national conference being held in Seattle this year. The conference offers the latest thoughts on urban design and what cities are doing to accommodate growth as well as best practices for walkways and alternative forms of transportation. It is also a chance to meet other Councilmembers, legislators and staff dealing with the same issues. He offered to provide the City Council a report on the conference. 10. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.1100)(i) This item was not needed. 11. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 12. ADJOURN With no further business, the Council meeting was adjourned at 8:02 p.m. iLfjo-&S-4 z DAVID O. E RLI O, MAYOR PASS—EY, CINCL K Edmonds City Council Approved Minutes May 2, 2017 Page 8