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07/29/1997 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES JULY 299 1997 The Edmonds City Council meeting was called to order by Mayor Fahey at 7:05 p.m. in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Barbara Fahey, Mayor Dave Earling, Council President John Nordquist, Councilmember Roger L. Myers, Councilmember Jim White, Councilmember Gary Haakenson, Councilmember Dick Van Hollebeke, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Art Housler, Administrative Services Director Robin Hickok, Police Chief Phil Olbrechts, City Attorney Lynne Hann, Deputy City Clerk Stephanie Goings, Recorder COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, FOR APPROVAL OF AGENDA. MOTION CARRIED. Councilmember Nordquist arrives. 2. CONSENT AGENDA Councilmember Myers requested earlier in writing that Item B be pulled for corrections. COUNCILMEMBER VAN HOLLEBEKE MOVED, SECONDED BY COUNCILMEMBER MYERS, FOR APPROVAL OF THE REMAINING CONSENT AGENDA ITEMS. MOTION CARRIED. The agenda items approved are as follows: (A) ROLL CALL Approve (C) APPROVAL OF CLAIM WARRANTS #18776 THRU #18948 FOR THE WEEK Claim OF JULY 14, 1997, IN THE AMOUNT OF $340,514.38; AND APPROVAL OF Warrants PAYROLL WARRANTS #16970 THRU #17207 FOR THE PERIOD JULY 1 THRU JULY 15,1997, IN THE AMOUNT OF $368,842.62. Councilmember Myers requested the City Council Minutes of July 22, 1997 be revised as follows: Page 9, first paragraph, second sentence - "advised that a nationalconstitution and bylaws for the organization will he is in the process of being developed." Edmonds City Council, Approved Minutes July 29, 1997 Page 1 1 jDr.ted 3. COUNCILMEMBER MYERS MOVED, SECONDED BY COUNCILMEMBER HAAKENSON, FOR APPROVAL OF THE JULY 22, 1997 MINUTES AS CORRECTED. MOTION CARRIED. DISCUSSION RELATED TO EMERGENCY MEDICAL SERVICES (EMS) AND EMS and Medic 7 MEDIC 7, AND CONSIDERATION OF THE FOLLOWING ORDINANCES: (A) PROPOSED ORDINANCE IMPOSING A REGULAR PROPERTY TAX LEVY FOR EACH OF THE YEARS 1997 THROUGH 2002 TO BE COLLECTED IN 1998 THROUGH 2003 WITH SPECIFIC LEVY AMOUNTS TO BE LIMITED BY CHAPTER 84.52 RCW AND ESTABLISHED IN THE ANNUAL BUDGET PROCESS; EACH LEVY SHALL NOT EXCEED THE RATE OF $.50 PER ONE THOUSAND DOLLARS OF THE THEN CURRENT ASSESSED VALUE OF ALL PROPERTY WITHIN THE CITY, PURSUANT TO AUTHORITY GRANTED BY RCW SECTION 84.52.069; THE REVENUES OF SAID LEVIES TO BE USED FOR THE PROVISION OF EMERGENCY MEDICAL CARE AND EMERGENCY MEDICAL SERVICES, ALL SUBJECT TO APPROVAL BY THE QUALIFIED ELECTORS OF THE CITY; AND PROVIDING FOR THE SUBMISSION OF THE PROPOSITION FOR SAID SIX-YEAR LEVY FOR EMERGENCY MEDICAL CARE AND SERVICES TO THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 16, 1997. (B) PROPOSED ORDINANCE ESTABLISHING A PROGRAM AND FUNDING TO ASSIST THOSE IN NEED WITH THE TRANSPORTATION FEE CHARGED BY MEDIC 7 . WHEN THAT CHARGE CANNOT BE ROUTINELY WAIVED DUE TO FEDERAL LAW. Betty Mueller asked to speak on a point of order and was recognized by Mayor Fahey. Betty Mueller, 209 Caspers Street, Edmonds, Ms. Mueller inquired why this was a closed meeting without any audience participation. Mayor Fahey responded that this was not a closed meeting and anyone could attend. She also stated the audience would have an opportunity to respond to the issues in the proposed ordinance following the presentation and discussion. Council President Earling stated that before any action was taken by the Council the audience would have an opportunity give public comment relating to whether or not the tax should be increased from $.45 per thousand to $.50 per thousand on assessed property value. Council President Earling stated there has been a great deal of discussion about EMS and that an initiative has been received from a citizens group that has been forwarded to the County Auditor for validation. He expressed the appreciation of the Council for such an effort to be put forth by the citizens of the City. However, the City Attorney had informed the Council that the initiative is seriously flawed and unenforceable and there are a variety of potential pitfalls within the directives set forth in the initiative, which could lead the initiative to be struck down. The meeting tonight was in part to learn more about the concerns the City Attorney has. Council President Earling reminded everyone that Fire District 1-11 withdrawal from the Medic 7 program will cause financial hardship on the remaining members of the agreement. He explained that the proposed ordinance that was read into the record by Mayor Fahey would move up the schedule by one year and the increase from $.45 to $.50 was parallel to Edmonds City Council Approved Minutes July 29, 1997 Page 2 what the initiative intends. Council President Earling then asked City Attorney Phil Olbrechts for a report. City Attorney Phil Olbrechts stated that it was the opinion of the City Attorney's office that there are some serious problems with the EMS initiative as presented, and it would not be enforceable and would be held to be invalid. The practical difficulty with the initiative is that it makes it difficult for the Council to budget for EMS services. Mr. Olbrechts stated it requires the Council to assign first priority to ALS services for purposes of budgeting and then any funds left over go for other EMS programs. He explained that the Council recognizes that although the initiative may not be the appropriate way to address the transport fees, the goals of the initiative can be achieved in other ways. After discussion of the options available, the proposed ordinance is being considered at this meeting. Mr. Olbrechts explained the City's membership within the interlocal cooperation agreement for Medic 7, and that each member has only one vote. He outlined the goals of the EMS initiative: 1) prohibit ALS transport fees, except by the vote of the people; 2) increase EMS levy to $0.50 per thousand dollars of assessed valuation; 3) provide full funding of ALS services; 4) establish EMS revenue fund and investment of levy proceeds, 5) require a six-year service plan and annual report; and 6) provide for administrative instructions and implementation. He explained the amendment to the Washington State Constitution which provides for legislative powers, and explained the differences between administrative and legislative power and how they relate to the proposed initiative. He then reviewed case laws of Ruano v. Spellman, and Bidwell v. Bellevue. Mr. Olbrechts pointed out that the major flaw with the initiative is that Medic 7 has already been created and the transport fee program has been implemented. In addition the Council has the discretion to set the City's budget priorities, which is an administrative function, and this initiative would require that priority be given to one project over another. Mr. Olbrechts stated that the first ordinance being considered by the Council places on the September 16th ballot a raise of the EMS levy rates from $.45 to $.50 per thousand dollars assessed valuation. He reiterated that this levy would have been up for a vote next year. This will help pay transport fees for people who cannot afford it and help to offset the increase in costs in the EMS program. The other ordinance, which establishes a grant fund program, basically provides that the City will pay the insurance co -payment, or the whole amount if citizens have no insurance at all. Persons who make $18,000 or less would be eligible for the grant fund. Council President Earling and Mr. Olbrechts discussed the merits of the initiative and the probability that it would be struck down by the courts. Councilmember White inquired about the procedure in the event that the citizens' initiative passed in the election. Phil Olbrechts stated that if the initiative is thought to be administrative rather than legislative in nature, the legislative body would challenge the initiative in court on that basis. This is usually done prior to it being placed on the ballot, however, this challenge process could also be dont: after the election as well. Councilmember White inquired whether citizens who are subject to this initiative could challenge it in Court if the City Council did not. He also asked about the costs incurred if the initiative were challenged legally. Edmonds City Council Approved Minutes July 29, 1997 Page 3 Phil Olbrechts stated that citizens or the City could initiate this challenge. In addition, a citizen could also challenge the City's position as well. He also stated that the cost would probably be less if the challenge took place prior to having the initiative placed on the ballot. Council President Earling clarified that within the Medic 7 organization, the City of Edmonds has only one vote on policy changes. Mr. Olbrechts confirmed that this is true. Councilmember Van Hollebeke asked if any legal challenge would be taken to the Superior Court of. Snohomish County and if so, are there any provisions made for assuring prompt attention to matters which are proposed to be on an upcoming ballot. Phil Olbrechts explained that any challenge would be heard in Superior Court and that there are court mechanisms for expedited review- of such matters so that unnecessary political controversies can be avoided whenever possible. Councilmember Haakenson asked if the increase from $.45 to $.50 would be enough to cover the shortfall being created by Fire Districts 1-11 partially pulling out of Medic 7. Art Housler, Administrative Services Director, stated that it would not and explained that the EMS levy for 1997 is bringing in $1,188,000. The City's expenditures for the Fire Department and Medic 7 is $1,357,000, so there is a shortfall of $169,000 so far for 1997. He explained the Woodway Fire Contract lists a formula for determining suppression as well as EMS services, and if the $19,000 received from Woodway is removed, there is a shortfall of $150,000. Mr. Housler stated that in previous discussions with former Councilmember Tom Petruzzi, it was pointed out that in 1996, the City of Edmonds paid $299,000. At that time, without the support from the Fire Districts, Edmonds share would be an additional $200,000. During 1997 the Fire Districts did contribute approximately $200,000, however, if they pull out, the shortfall would be $250,000. He added that the additional $.05 will bring in $132,000 which would make the shortfall somewhere between $100,000 and $125,000 when the Fire Districts drop out. Mr. Housler clarified that if the Fire Districts stay in Medic 7, and if the transport fees were taken off, the $132,000 the City receives from the additional $.05 would be used to offset the $97,000 estimated cost for the transport fees. He added that the transport fee assessment from Medic 7 could be higher next year as well. Mayor Fahey clarified that the Woodway contract is not for ALS services. Those. moneys go into the general fund to reimburse Edmonds for some of the services that are provided for basic life support. Mr. Housler agreed and stated that it was just for the aid car service that we provide for them. Mayor Fahey asked for audience comments related specifically to the ordinance on the agenda, which was to place the EMS levy on the September ballot and raise the amount from $.45 to $.50 per thousand dollars valuation. Michael Plunkett, 19506 - 80th, Edmonds, stated that he has talked to many people in Edmonds on this issue and believes that maintaining transport fees under any conditions is not in the best interest of the City. Mayor Fahey reminded Mr. Plunkett that his comments must be related to the ordinance before the Council and that the transport fees are not part of that ordinance. Mr. Plunkett stated that he believed Edmonds City Council Approved Minutes July 29, 1997 Page 4 that the Council should not pursue an ordinance that increases the levy to $.50 while at the same time holding out the possibilities that transport fees will stay in place. Mayor Fahey closed the audience comment portion of the process and remanded it to Council for deliberation. Ord. #3154COUNCILMEMBER HAAKENSON MOVED, SECONDED BY EMs Levy - COUNCILMEMBER. MYERS, FOR APPROVAL OF ORDINANCE #3154 Sept Ballot IMPOSING A REGULAR PROPERTY TAX LEVY FOR EACH OF THE YEARS 1997 THROUGH 2002 TO BE COLLECTED IN 1998 THROUGH 2003 WITH SPECIFIC LEVY AMOUNTS TO BE LIMITED BY CHAPTER 84.52 RCW AND ESTABLISHED IN THE ANNUAL BUDGET PROCESS; EACH LEVY SHALL NOT EXCEED THE RATE OF $.50 PER ONE THOUSAND :DOLLARS OF THE THEN CURRENT ASSESSED VALUE OF ALL PROPERTY WITHIN THE CITY, PURSUANT TO AUTHORITY GRANTED BY RCW SECTION 84.52.069; THE REVENUES OF SAID LEVIES TO BE USED FOR THE PROVISION OF EMERGENCY MEDICAL CARE AND EMERGENCY MEDICAL SERVICES, ALL SUBJECT TO APPROVAL BY THE QUALIFIED ELECTORS OF THE CITY; AND PROVIDING FOR THE SUBMISSION OF THE PROPOSITION FOR SAID SIX-YEAR LEVY FOR EMERGENCY MEDICAL CARE AND SERVICES TO THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 16,1997. Councilmember White explained that the City is allowed to raise money only by raising taxes and by issuing bonds, so was surprised to see 5,000 citizens asking the City to raise taxes. After looking at the initiative he agreed that it is not a valid initiative and could cost the City thousands of dollars in legal fees. The $.05 increase is appropriate whether it happens this year or next year. Councilmember White suggested that the backers of the initiative may want to withdraw the initiative since it is invalid. Councilmember Van Hollebeke stated the citizens may be confused about the Medic 7 issues, but feels the Council is in harmony with the people by wanting to raise the levy by $.05 to help provide the best and most effective services to the citizens. He explained that he supports the ordinance. Councilmember Myers stated he is hopeful that citizens vote in favor of this ordinance because it will help fund EMS. He explained that while no one wants to raise taxes, running a city is very complex. Mr. Myers explained that he planned to vote yes on the ordinance. Councilmember Haakenson stated that there are many very complex issues involved but only one step can be dealt with at a time. He personally does not tie the EMS levy and transport fees together, since they are two separate issues. He explained that the time to talk about transport fees is during the budget process, since it is a budget issue. Medic 7 will be announcing their 1998 budget shortly so that the cities can begin to plan for their 1998 budgets. At that time, the Edmonds City Council will be talking about transport fees. Council President Earling explained the next steps for the initiative and that with the information provided by the City Attorney, it makes good sense to move forward with the ordinance at this meeting. ; He stated that he intended to vote for the ordinance and that it is a wise choice for the City. Mr. Earling then read into the record a letter from Councilmember Tom Miller, who was unable to attend the meeting, outlining his support for Medic 7 and for the ordinance being considered. Edmonds City Council Approved Minutes July 29, 1997 Page 5 Councilmember Nordquist stated that the Council has for many years supported safety and public health, and providing medical services at both the emergency level and other levels. He explained that he would support the ordinance being discussed. The motion was called for and the vote was then taken. MOTION CARRIED. Mayor Fahey stated that she supports the action of the Council and explained that it is unfortunate that the EMS levy does not adequately fund the costs of emergency medical services. This program has been in place for a long time, and initially there was an expectation that the money collected would be more than enough to cover the expenses, but the rising cost of providing the services and with one of the major funding partners in this program withdrawing, the funds are no longer adequate. The transport fees were put in place as an additional revenue source to assist all the cities that are funders of the ALS Medic 7 programs. These fees are covered by an individual's insurance plan and by Medicare and Medicaid, and anyone who does not have the ability to pay will receive assistance from the fund which will be established through the second ordinance the Council is considering at this meeting. Council President Earling asked that the Council form committees, both for and against this issue, to write statements for the election. pamphlet. He invited anyone wanting to work on these committees to notify the City Clerk by Friday at 12:00 noon. The names will be submitted to the auditor before the deadline on Friday, and there is a time schedule that follows rather quickly. He explained that the committee can also prepare rebuttals to each of the statements. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER Vfl MYERS, THAT COUNCILMEMBERS NORDQUIST, WHITE, AND EARLING APPOINT CITIZENS TO SERVE ON THE COMMITTEES THAT WOULD WRITE THE PRO AND CON STATEMENTS FOR THE VOTERS PAMPHLET. MOTION CARRIED. Mayor Fahey read again the proposed ordinance shown as Agenda Item 3.(B) (B) PROPOSED ORDINANCE ESTABLISHING A PROGRAM AND FUNDING TO ASSIST THOSE IN NEED WITH THE TRANSPORTATION FEE CHARGED BY MEDIC 7 WHEN THAT CHARGE CANNOT BE ROUTINELY WAIVED DUE TO FEDERAL LAW. Mr. Olbrechts stated that this proposed ordinance establishes a grant fund to assist citizens with an income less than $18,000 a year. If a person has insurance the fund would pay the co -payment, or if they had no insurance the fund would be used to pay the bill. It also provides some relief for hardship cases or unusual circumstances for citizens with incomes over $18,000 a year, and establishes ways for them to apply for the grant on an individual basis. The Council would also need to decide the dollar amount needed to establish the fund. Art Housler suggested that $10,000 would be adequate. Council President Earling asked for a new fund number. Mr. Housler informed him it would be Fund 010. Council President Earling explained that if this fund is established any request would go to the Edmonds City Council Approved Minutes July 29, 1997 Page 6 finance committee for consideration. He also stated that the fund would be established from money currently in the Council Contingency Fund and be placed in Fund 010. The audience was asked if anyone had comments on this specific ordinance which would create a new fund for the purpose of assisting those not able to cover all or part of their transport fees. Betty Mueller, 209 Caspers St., Edmonds, stated that she was not in favor of the transport fee, and she feels that the fee was set up by the Council and not Medic 7. She reviewed the way some of the other members of Medic 7 pay for their transport fees. Ms. Mueller stated she was not in favor of this ordinance and suggested that it would encourage creation of a welfare state. Michael Plunkett, 19506 80th Ave., Edmonds, stated that this ordinance should not be adopted and that if the City could take $97,000 out of one of the other funds and send it to Medic 7, they would drop the fees. He commented that the Medic 7 board was not demanding that Edmonds pay fees. The citizens have fees because instead of sending $398,000 to Medic 7, the City sent $301,000 and the difference is the transport fees. Mr. Plunkett suggested eliminating the fees and the confusion on the issue and stated he would support the $.05 increase if the transport fees were eliminated. There being no other audience comments, Mayor Fahey closed that portion of the discussion. Councilmember Haakenson stated that he felt $10,000 in the grant fund was too high and it could always be increased at a later date. Mr. Housler agreed that the fund could be established with $5,000 and include the authority to come back before the City Council if there was a need to increase it to $10,000. COUNCILMEMBER NORDQUIST MOVED, SECONDED BY Ord. ni g toy COUNCILMEMBER VAN HOLLEBEKE, THAT ORDINANCE #3155 BE Assist Those ADOPTED WITH THE FOLLOWING CHANGES; ON PAGE TWO, THE FUND in Need with Transport BE IDENTIFIED AS FUND 010; ON PAGE THREE, THE DESIGNEE BEING Fees Charged by Medic 7 THE FINANCE DIRECTOR, THE DESIGNATED ADMINISTRATIVE COMMITTEE BE THE FINANCE COMMITTEE; AND THE INITIAL SUM OF $5,000 BE TAKEN FROM THE COUNCIL CONTINGENCY FUND TO BE USED TO ESTABLISH THIS FUND. Councilmember White asked if the city could eliminate the transport fees at any time. Art Housler explained that the transport fees are set by Medic 7 and the amount can change from year to year. Mayor Fahey clarified that the Medic 7 board voted for the transport fees to be put into place and there was no time line associated with those fees. The transport fees were established to be a permanent source of additional revenue to the Medic 7 program and those moneys go directly to Medic 7. The only way for the transport fees to go away would be by majority vote of the remaining members of the Medic 7 to eliminate the fees. The motion was called for and the vote was then taken. MOTION CARRIED. Edmonds City Council Approved Minutes July 29, 1997 Page 7 III 4) MAYOR No report. 5. COUNCIL Councilmember Van Hollebeke informed the Council that he had the opportunity to attend the WA State FerriesWashington State Ferries Advisory Committee Meeting and learned that the contract for the overhead Advisory passenger terminal would be awarded soon with construction to start in Winter of `97 and be completed Conmuttee in the Winter of `98. He also wanted to make the citizens aware of the referendum before the Snohomish Adult County Council dealing with adult entertainment which addresses the distance between patrons and Entertainment dancers. Councilmember Nordquist stated that Kingston is experimenting with a passenger walk-on boat between that dock and downtown Seattle. He suggested that it might be a good idea for Edmonds to try to participate in this experiment as well. Medic 7 Referring to Ordinance No. 3155 just adopted, Councilmember White stated that the transport fees Transport currently exist, and that members of the Medic 7 board still support these fees. The ordinance just Fees passed creates a fund that the City will use to help pay these fees. He stated that the number of requests for assistance from this fund will probably be very small because health insurance policies generally cover ambulance fees. Mr. White suggested that he would like to see the same kind of effort used for the initiative be put forth to educate the people of Edmonds about the transport fees and the grant fund that was just created, as well as the fact that their insurance policies will most likely cover these transport fees. Councilmember White also explained the Port is moving ahead with construction and parking was going to be even more difficult in that area. Ferry Dock Councilmember Myers informed the Council that at the Washington State Ferries Advisory Committee Meeting it was stated that the Ferry System does not anticipate being able to decrease the ferry crossing time to Kingston because of the train traffic through Edmonds, which requires a longer time for boats to be at the dock to load. Council President Earling stated that this points to the need to move the ferry dock to Point Wells, and create a grade separation for the train traffic. Mayor Fahey stated that the recently installed art work in the lobby of the new City Hall is beautiful. There being no further business, Mayor Fahey adjourned the meeting at 8:50 p.m. AR5ARA S. FAHEY, HAYOR ANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes July 29, 1997 Page 8 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 p.m. JULY 29, 1997 SPECIAL MEETING 7:00 P.M. - CALL TO ORDER FLAG SALUTE APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JULY 22, 1997 (C) APPROVAL OF CLAIM WARRANTS #18776 THRU #18948 FOR THE WEEK OF JULY 14, 1997, IN THE AMOUNT OF $340,514.38; AND APPROVAL OF PAYROLL WARRANTS #16970 THRU #17207 FOR THE PERIOD JULY 1 THRU JULY 15, 1997, IN THE AMOUNT OF $368,842.62 3. (60 Min.) DISCUSSION RELATED TO EMERGENCY MEDICAL SERVICES (EMS) AND MEDIC 7, AND CONSIDERATION OF THE FOLLOWING ORDINANCES: (A) PROPOSED ORDINANCE IMPOSING A REGULAR PROPERTY TAX LEVY FOR EACH OF THE YEARS 1997 THROUGH 2002 TO BE COLLECTED IN 1998 THROUGH 2003 WITH SPECIFIC LEVY AMOUNTS TO BE LIMITED BY CHAPTER 84.52 RCW AND ESTABLISHED IN THE ANNUAL BUDGET PROCESS; EACH LEVY SHALL NOT EXCEED THE RATE OF $.50 PER ONE THOUSAND DOLLARS OF THE THEN CURRENT ASSESSED VALUE OF ALL PROPERTY WITHIN THE CITY, PURSUANT TO AUTHORITY GRANTED BY RCW SECTION 84.52.069; THE REVENUES OF SAID LEVIES TO BE USED FOR THE PROVISION OF EMERGENCY MEDICAL CARE AND EMERGENCY MEDICAL SERVICES, ALL SUBJECT TO APPROVAL BY THE QUALIFIED ELECTORS OF THE CITY; AND PROVIDING FOR THE SUBMISSION OF THE PROPOSITION FOR SAID SIX-YEAR LEVY FOR EMERGENCY MEDICAL CARE AND SERVICES TO THE QUALIFIED VOTERS OF THE CITY AT A SPECIAL ELECTION TO BE HELD ON SEPTEMBER 16, 1997 (B) PROPOSED ORDINANCE ESTABLISHING A PROGRAM AND FUNDING TO ASSIST THOSE IN NEED WITH THE TRANSPORTATION FEE CHARGED BY MEDIC 7 WHEN THAT CHARGE CANNOT BE ROUTINELY WAIVED DUE TO FEDERAL LAW 4. (5 Min.) MAYOR , 5. (15 Min.) COUNCIL Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at 771-0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 31. Delayed telecast of this meeting appears the following Wednesday,' Friday and Monday at noon on Channel 32.