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Cm130312EDMONDS CITY COUNCIL APPROVED MINUTES March 12, 2013 The Edmonds City Council meeting was called to order at 6:00 p.m. by Mayor Earling in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Dave Earling, Mayor Lora Petso, Council President Strom Peterson, Councilmember Frank Yamamoto, Councilmember Joan Bloom, Councilmember Kristiana Johnson, Councilmember Diane Buckshnis, Councilmember Adrienne Fraley-Monillas, Councilmember* (*Arrived 6: 03 p.m.) ALSO PRESENT Walker Kasinadhuni, Student Representative 1. ROLL CALL STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Ronald Cone, Interim Finance Director Carrie Hite, Parks & Recreation Director Jeff Taraday, City Attorney Sandy Chase, City Clerk Linda Hynd, Deputy City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder City Clerk Sandy Chase called the roll. All elected officials were present with the exception of Councilmember Fraley-Monillas. (Councilmember Fraley-Monillas arrived at 6:03 p.m) 2. APPROVAL OF AGENDA COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED (6-0). (Councilmember Fraley-Monillas was not present for the vote.). APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER YAMAMOTO, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED (6-0). (Councilmember Fraley-Monillas was not present for the vote.). The agenda items approved are as follows: A. APPROVAL OF CITY COUNCIL MEETING MINUTES OF MARCH 5, 2013. B. APPROVAL OF CLAIM CHECKS #200858 THROUGH #200976 DATED MARCH 7, 2013 FOR $303,548.02 (REISSUED CHECK #200858 $55,418.17). APPROVAL OF PAYROLL DIRECT DEPOSIT & CHECKS #60055 THROUGH #60071 AND #60083 FOR $471,026.08, BENEFIT CHECKS #60072 THROUGH #60082 AND WIRE PAYMENTS OF $204,456.71 FOR THE PERIOD FEBRUARY 16, 2013 THROUGH FEBRUARY 28, 2013. C. ORDINANCE NO.3914 — AMENDING EDMONDS CITY CODE 3.75.120 RELATING TO THE EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT. Edmonds City Council Approved Minutes March 12, 2013 Page 1 4. AUDIENCE COMMENTS Al Rutledge, Edmonds, commented there are new people moving into the City and other changes are occurring. He encouraged residents to participate in the Easter egg hunts held by the Edmonds Lutheran Church, Edmonds Methodist Church and the City. 5. APPOINTMENT OF INTERIM EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT MEMBERS ADVISORY BOARD. Community Services/Economic Development Director Stephen Clifton explained ECC 3.75.120 calls for the Mayor to appoint, subject to Council confirmation, at least 7 and no more than 11 board members, to serve in an interim capacity until the City Council approves a budget, work program and bylaws. Following this action, business owners located within the Business Improvement District (BID) will choose their own Members Advisory Board. A letter mailed in February to business owners within the BID invited them to contact the Mayor's office if they were interested in serving on the Interim Advisory Board. Twenty-one people contacted the City expressing interest in participating on the board. The packet contains the names of the 11 business owners the Mayor appointed to the Interim Advisory Board. The list of all 21 names was not included in the packet but was provided to the Council this evening. Mr. Clifton relayed an email from Council President Petso that she had heard a 50150 split of "open door" versus "by appointment" business owners on the board was an error. ECC 3.75.120 states the interim board shall be composed of open door and by appointment respectively, in rough proportion to the dollar value of the assessments to be levied on each classification of business. Currently, it is estimated the businesses paying assessments will generate $89,820 annually; by appointment businesses will generate approximately $44,430 or 49.3% of the total and open door will raise approximately $45,480 or 50.63%. The list of 11 interim members includes 6 open door business owners and 5 by appointment. He relayed Councilmember Johnson's concern with having business owners who expressed opposition to the formation of the BID, Waterfront Coffee Company and Kevin Clarke, appointed to the interim board. Mr. Clifton relayed a comment from Council President Petso regarding applications for appointment to the interim board. He explained the letter sent to business owners did not request the parties complete an application due to, 1) the interim nature of the board; the members will only serve a few months and the work program, budget and bylaws they produce will be approved by the City Council, and 2) unlike other boards such as the ADB or Planning Board where specific experience is required to serve, the only criteria for serving on the interim or permanent Members Advisory Board is that their business is located within the BID boundaries. Staff can request applicants submit applications in the future and provide them to the Council when confirmation of appointments is required. Council President Petso observed the structure of the interim board will be weighted slightly in favor of open door businesses; given the numbers are about 50150, she asked whether the bylaws could have the extra person from a by appointment business. Mr. Clifton responded the code states in rough proportion to the dollar value. In this case, it is nearly a 50150 split. The Mayor makes the appointments, subject to Council confirmation. Although she understood the calculation was based on dollars contributed, Councilmember Bloom did not feel that was a fair calculation. Mr. Clifton advised that method was not required by the RCW, it was contained in the ordinance adopted by the City Council. Councilmember Bloom's concern with basing the calculation on the contribution was because although the open door businesses were being charged more, they would receive much greater value from the BID. She requested the interim board consider that issue. Edmonds City Council Approved Minutes March 12, 2013 Page 2 She noted the appointment of 6 open door business owners and 5 by appointment business owners was already weighted in favor of open door businesses even though there were considerably more by appointment businesses in the BID. She asked the number of open door versus by appointment businesses. Mr. Clifton answered he did not have that information available. Councilmember Bloom preferred to have 6 by appointment business owners and 5 open door business owners appointed to the interim board as it would be a better balance. She asked whether that could be discussed. Mayor Earling responded it could be discussed; he was asked to make appointments to the interim board. The percentage of open door versus by appointment business is very close and he did not envision amending the ordinance for a 90 day work period. He noted the list of appointments were outstanding candidates; it was challenging to choose only 11 from the 21 applicants. He summarized those were his appointments and he requested the Council confirm them. Councilmember Yamamoto questioned why this point was being discussed. Regardless of whether a business was open door or by appointment, the purpose of the BID was to improve the downtown area which all these business owners represent. If each of the 11 were asked, he was certain they would agree the goal was to better downtown Edmonds, not to better their own businesses. Councilmember Fraley-Monillas thanked Mayor Earling for including members on the advisory board who opposed the formation of the BID, finding it sets a good example and will provide clarification. Mr. Clifton commented 6 of the 11 members were business owners who did not participate in the 3-year process of forming the BID. COUNCILMEMBER PETERSON MOVED, SECONDED BY COUNCILMEMBER JOHNSON, TO CONFIRM THE APPOINTMENT OF THE 11 MEMBERS TO THE INTERIM EDMONDS DOWNTOWN BUSINESS IMPROVEMENT DISTRICT MEMBERS ADVISORY BOARD AS SUGGESTED BY THE MAYOR. In response to Councilmember Yamamoto's comment, Councilmember Bloom explained this is an unusual board; it will be making decisions about how to spend the business owners' money in the BID. The business owners are being assessed a fee and although it is intended to benefit the downtown business district, it is also supposed to benefit the business owners. She recalled there was quite a bit of opposition to the formation of the BID, particularly from by appointment business owners as well as a number of open door businesses. She summarized the delineation of members could have been more fair with 6 open door business owners and 5 by appointment business owners. She did not support the motion for that reason. Councilmember Buckshnis pointed out this is an interim board and needs to be moved forward. She referred to the list of appointments, noting there were several who may want to participate on the permanent advisory board. She acknowledged it was difficult to get everyone on the same page and as Roger Brooks asked, why is the Council even thinking about this, a BID is needed. Council President Petso was satisfied with approving the interim board members as proposed but agreed with Councilmember Bloom that the interim board could consider whether the nearly 50150 split should be represented by 6 by appointment business owners and 5 open door business owners. Councilmember Yamamoto recalled Roger Brooks saying the BID is for the downtown businesses and government should keep their nose out of it. Mr. Clifton identified the members of the Interim Edmonds Downtown Business Improvement District, several of whom were in the audience: Pam Stuller, Walnut Street Cafe Edmonds City Council Approved Minutes March 12, 2013 Page 3 • David Arista, Arista Wine Cellars • Kim Wahl, Reliable Floors • Mary Kay Sneeringer, Edmonds Bookshop • Paul Rucker, Saetia • Steve Balas, Waterfront Coffee Company • Chris Fleck, Puget Sound Tax Services • Sally Merck, Sally Merck Counseling • Juliana van Buskirk, Edward Jones • Kevin Clarke, Clarke, White & Veenstra • Cadence Clybome, HDR Engineering Inc. Mr. Clifton noted anyone not appointed to the interim board can attend their meetings as they are open to the public. He will contact those who were not selected and encourage them to attend the interim board meetings. MOTION CARRIED (6-1), COUNCILMEMBER BLOOM VOTING NO. 6. MAYOR'S COMMENTS Mayor Earling had no report. 7. COUNCIL COMMENTS Councilmember Buckshnis provided a reminder of the Mayor's State of the City Address occurring tomorrow at 8:30 a.m. at the Wade James Theater. Councilmember Peterson planned to attend the Mayor's Sate of the City Address. He said it was good to be back; he was out of town for a couple weeks and had a great trip. Council President Petso introduced Student Representative Walker Kasinadhuni, a junior at Meadowdale High School. She looked forward to his participation. Councilmember Fraley-Monillas welcomed Student Representative Walker Kasinadhuni. Councilmember Johnson congratulated everyone who was brave enough to serve on the Interim BID Members Advisory Committee and looked forward to their recommendations in 90 days. Student Representative Walker Kasinadhuni thanked the Council for welcoming him and he looked forward to working with the Council. Mayor Earling also welcomed Student Representative Walker Kasinadhuni. 8. CONVENE IN EXECUTIVE SESSION REGARDING PENDING LITIGATION PER RCW 42.30.110(1)(i). At 6:21 p.m., Mayor Earling announced that the City Council would meet in executive session regarding pending litigation per RCW 42.30.110(l)(i). He stated that the executive session was scheduled to last approximately 15 minutes and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Earling, and Councilmembers Yamamoto, Johnson, Fraley- Monillas, Buckshnis, Peterson, Petso and Bloom. Others present were City Attorney Jeff Taraday and City Clerk Sandy Chase. The executive session concluded at 6:33 p.m. Edmonds City Council Approved Minutes March 12, 2013 Page 4 9. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. Mayor Earling reconvened the regular City Council meeting at 6:35 p.m. 10. ADJOURN TO CITY COUNCIL COMMITTEE MEETINGS With no further business, the Council meeting was adjourned to committee meetings at 6:36 p.m. Edmonds City Council Approved Minutes March 12, 2013 Page 5