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07/18/2000 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES JULY 189 2000 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Gary Haakenson in the Library Plaza Room, 650 Main Street, followed by the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Thomas A. Miller, Council President Dave Earling, Councilmember Michael Plunkett, Councilmember Jim White, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Christopher Davis, Councilmember ALSO PRESENT STAFF PRESENT Tom Tomberg, Fire Chief Peggy Hetzler, Administrative Services Director Rob Chave, Planning Manager Noel Miller, Public Works Director Doug Farmen, Asst. Admin. Services Director Doug Fiene, Assistant City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Kim Boese, Student Representative 1. APPROVAL OF AGENDA hange to I COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER DAVIS, TO Agenda ADD A DISCUSSION REGARDING CARDROOMS AS AGENDA ITEM 6A. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR APPROVAL OF THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Petso requested. Item E be removed from the Agenda. Councilmember Earling requested Item G be removed. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE BALANCE OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL Approve mutes (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 27, 2000 (C) APPROVAL OF CLAIM CHECKS #35977 THROUGH #42162 FOR THE WEEK OF prove JUNE 26, 2000, IN THE AMOUNT OF $236,012.33. APPROVAL OF CLAIM CHECKS I'm #45972 THROUGH #42365 FOR THE WEEK OF JULY 10, 2000, IN THE AMOUNT OF ecks $574,258.80. APPROVAL OF PAYROLL CHECKS #30392 THROUGH #30129 FOR THE PERIOD JUNE 16 THROUGH JUNE 30, 2000, IN THE AMOUNT OF $364,242.88. Edmonds City Council Approved Minutes July 18, 2000 Page 1 Claim for (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MARA L. Damages VOLLBRECHT ($87.40) (F) ACCEPTANCE OF SEWER AND TEMPORARY CONSTRUCTION EASEMENTS Easements- FROM VARIOUS LAND OWNERS IN THE PERRINVILLE SANITARY SEWER LID 215 LID 215 & AND 216 PROJECT AREA 16 Street (H) REPORT ON BIDS RECEIVED JULY 11, 2000, FOR THE CONSTRUCTION OF THE Overlay 2000 STREET OVERLAY PROGRAM AND AWARD OF CONTRACT TO WILDER Program CONSTRUCTION ($290,976.00, EXCLUDING SALES TAX). surplus City (I) AUTHORIZATION TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO [Vehicles SELL SURPLUS CITY VEHICLES Playfield Improve- (.n AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH ments at EDMONDS SCHOOL DISTRICT #15 FOR PLAYFIELD IMPROVEMENTS AT Sherwood SHERWOOD ELEMENTARY SCHOOL Elementary Ord# 3317 (K) ORDINANCE NO. 3317 REPEALING SECTION 20.91.030 CONTINUANCES, RE- ECDC EXAMINATION ENACTING SUCH SECTION 20.91.030 CONTINUANCES AS AN 20.91.030, INTERIM ZONING REGULATION, SETTING A PUBLIC HEARING, AND FIXING A Continuance TIME WHEN THE SAME SHALL BECOME EFFECTIVE (L) ORDINANCE NO. 3318 RELATING TO ZONING AND PLANNING; REPEALING THE Shoreline ine Ord# l EXISTING SHORELINE MASTER PROGRAM AS CODIFIED IN ECDC CHAPTERS Master 15.35 — 15.39; ADOPTING AS AN INTERIM LAND USE REGULATION A REVISED Program SHORELINE MASTER PROGRAM IN ACCORDANCE WITH RCW 90.58; PROVIDING FOR FUTURE REVIEW OF THE SAME; PROVIDING FOR SEVERABILITY; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Item E: Annroval of Findings of Fact Regarding the Final Plat Approval for the Plat of Vista Del Mar, the Kairez Subdivision (File No P -93 -216) Councilmember Petso advised she had voted in opposition to this item previously and would vote in opposition to the approval of the Findings of Fact. Councilmember Earling advised he would abstain from the vote as he had not been present for the hearing. Findings of Fact- COUNCILMEMBER DAVIS MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR Kairez APPROVAL OF ITEM E. MOTION CARRIED (5 -1 -1), COUNCILMEMBER PETSO OPPOSED Subdivision AND COUNCILMEMBER EARLING ABSTAINED. The agenda item approved is as follows: (E) APPROVAL OF FINDINGS OF FACT REGARDING THE FINAL PLAT APPROVAL FOR THE PLAT OF VISTA DEL MAR, THE KAIREZ SUBDIVISION (File No. P -93 -216) Item G: Report on Bids Received for the City Council Chamber Audio System ($49.047.37. Including Sale Audio Tax System for Councilmember Earling questioned why there was only one bid for this equipment, pointing out the bid Council Chambers was approximately $1,000 under the amount the Council authorized. Assistant City Engineer Don Fiene explained the actual bid was received some time ago but there was some ambiguity in the bid and a problem with the schedule of values that needed to be addressed. Edmonds City Council Approved Minutes July 18, 2000 Page 2 In order to allow for further clarification, Mayor Haakenson suggested this item be placed on the Council agenda next week for discussion. COUNCILMEMBER EARLING MOVED, SECONDED BY COUNCILMEMBER PETSO, TO TABLE ITEM G. MOTION CARRIED UNANIMOUSLY. The agenda item tabled is as follows: (G) REPORT ON BIDS RECEIVED FOR THE CITY COUNCIL CHAMBERS AUDIO SYSTEM ($49,047.37, INCLUDING SALES TAX) 3. INTRODUCTION OF NEW STUDENT REPRESENTATIVE HIM BOESE Kim Boese, Student Rep. Council President Miller introduced the new Student Representative Kim Boese and welcomed her to the Council. He explained she would be a senior at Meadowdale High School in the fall and described her school and community activities. 4. CLOSED RECORD MEETING — APPEAL OF THE HEARING EXAMINER'S DECISION Appeal of REGARDING PROPOSED SAFETY FENCING ON SUNSET AVENUE encmg on Sunset Ave. APPEAL OF THE HEARING EXAMINER'S DECISION GRANTING APPROVAL OF THE APPLICATION BY THE CITY OF EDMONDS ENGINEERING DIVISION ON BEHALF OF BURLINGTON NORTHERN /SANTA FE RAILROAD FOR REAPPROVAL OF A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT TO CONSTRUCT APPROXIMATELY 2000 LINEAR FEET OF TUBULAR METAL SAFETY FENCING RANGING FROM 3 TO 4 FEET IN HEIGHT. THE PROPOSED FENCING WILL BE CONSTRUCTED ON TOP OF THE BLUFF WITHIN THE BURLINGTON NORTHERN /SANTA FE RAILROAD RIGHT -OF -WAY PARALLEL TO SUNSET AVENUE BETWEEN APPROXIMATELY EDMONDS STREET AND CASPERS STREET. (Appellant: James & Sally Wassall, File No. AP- 00 -26: Applicant: City of Edmonds Engineering Division & Burlington Northern /Santa Fe Railroad: File No. SM -99 -176 Sally Wassall, 342 Sunset Avenue, Edmonds (appellant), requested the Council postpone their appeal to a date after September 1. She was encouraged by the letter Michael Rowswell sent to Edward Allard of Burlington Northern/Santa Fe Railroad and expressed her appreciation for the copy of the letter Mayor Haakenson provided to them. She said postponing the appeal would allow the Washington Utilities and Transportation Commission and Burlington Northern/Santa Fe officials an opportunity to work on the legal process necessary for a new plan. Robert Walkley, Burlington Northern /Santa Fe Railroad (applicant), expressed their appreciation to the Council, Mayor and the Wassalls for their cooperation. He reported progress was being made in discussion with the Washington Utilities and Transportation Commission staff and he was hopeful sufficient progress could be made prior to September. He requested the Council schedule the appeal in 30 days as he believed it would be possible by then to have the matter concluded by either withdrawing the application or moving forward with stipulations from the Wassalls. He introduced Roger Jacobson, Superintendent of Commuter Operations, and Trent Judak, Manager of Engineering in the Seattle office, and said they were working hard to bring this matter to a conclusion. Council President Miller suggested scheduling the appeal for the August 29 Council meeting. This date was acceptable to Mr. Walkley and to the Wassalls. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER DAVIS, TO POSTPONE THE CLOSED RECORD MEETING UNTIL AUGUST 29, 2000. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes July 18, 2000 Page 3 Outdoor 5. PUBLIC HEARING — PROPOSED AMENDMENT TO THE EDMONDS COMMUNITY Display of DEVELOPMENT CODE REGARDING THE OUTDOOR DISPLAY OF MERCHANDISE erchandise Councilmember Davis explained as a business owner in the downtown area, he could financially gain from this ordinance and therefore recused himself from discussion regarding this item. Councilmember Davis left the room. Planning Manager Rob Chave explained the intent was to correct what was believed to be an oversight in the Development Code. He explained technically the code did not allow outdoor display of merchandise in the downtown or other commercial zones but over the years, businesses have displayed merchandise outdoors. The Planning Board reviewed this issue and recommended an amendment to the code to allow outdoor display of merchandise as long as it was merchandise for sale.by the business. Other conditions include a requirement for a one -time encroachment permit if the outdoor display was on the public right - of -way. Mr. Chave recalled there was some testimony at the Planning Board as well as the previous Council work session regarding a concern some merchants had with Paragraph D of the ordinance (Outdoor displays of merchandise which require an encroachment permit form the City shall be removed and stored indoors during non - business hours). He explained if an encroachment permit was required by a business to display merchandise on the public right -of -way, that merchandise would be required to be stored indoors when the business was not open. He recalled several businesses indicated they had heavy merchandise that was difficult to move and favored eliminating the requirement for the merchandise to be stored indoors when the business was not open. He said the Council's alternatives would be to retain Paragraph D or allow the question of whether the merchandise had to be stored indoors during non - business hours to be addressed during the encroachment permit process. Mayor Haakenson advised the Council received a letter from numerous merchants indicating their support of the ordinance but expressing the following concerns: 1) what is displayed should be the decision of the business owner, not the city, as long as the store is in compliance with the encroachment permit, 2) there should be no restrictions on the hours the merchandise is on display. Again the business . owners should be making that decision, and 3) the $150 encroachment permit fee is not fair if not enforced equally for all. Councilmember Plunkett requested staff respond to item. l (what is displayed). Mr. Chave answered as long as it was merchandise the business had for sale, it would meet the requirements of the ordinance. Mr. Snyder said the City wanted to ensure the business that was selling the merchandise had a business license and other merchants were not using the property, without a business license, to sell their merchandise. Mr. Chave said there were no limitations regarding the merchandise displayed outside, if a merchant had a license to sell it, they could sell it. Councilmember Plunkett asked staff to respond to the concern regarding restrictions on hours. Mr. Chave presumed this referred to paragraph D, which required merchandise displayed on the right -of -way to be stored indoors during non - business hours, otherwise there were no restrictions on hours in the ordinance. Mr. Snyder said the requirement to store merchandise indoors during non - business hours applied only if an encroachment permit was required. The concern was leaving items outdoors on the public right -of -way. Edmonds City Council Approved Minutes July 18, 2000 Page 4 Councilmember Plunkett asked staff to address enforcement. Mr. Chave explained enforcement was complaint based, therefore, if a merchant was displaying merchandise without an encroachment permit, a complaint would need to be filed. Councilmember Orvis referred to a store in downtown that had heavy benches, pots and statues displayed on the sidewalk, and asked if those items would need to be removed at night. He pointed out the heavy pots, if left outside at night, could be rolled down the street, causing a safety hazard. Mr. Chave answered if they were items for sale, they would have to be moved. If they were street furniture, it could potentially be allowed via an encroachment permit and they would not be required to remove it at night. He said the concern was not to allow merchandise to block the public right -of -way. Mr. Snyder said when the City issued an encroachment permit for street furniture, the location was specified. He explained the main concern was safety. Councilmember Petso referred to a letter in the packet regarding enforcement, specifically what sanctions there would be for violations. Mr. Chave said if a merchant violated the ordinance, had not obtained the necessary encroachment permit, staff was authorized to double -fee the merchant. He remarked that would be some incentive for a merchant to obtain the necessary permits. Councilmember Petso asked it was possible to adopt the ordinance for all business areas except Neighborhood Business and asked whether the Planning Board had discussed that possibility. Mr. Chave said the Planning Board did not discuss excepting Neighborhood Business but did indicate that was an appropriate zone. He said the ordinance could be adopted deleting BN (Neighborhood Business) as that zone was specified in the ordinance. Councilmember Orvis asked if the City could revoke an encroachment permit. Mr. Chave answered yes, if the merchant did not abide by the conditions of the permit. Mayor Haakenson opened the public participation portion of the public hearing. Don Hall, 818 Bell Street, Edmonds, said he circulated the petition regarding certain provisions of the ordinance that has been discussed. He said the reason for the first concern was when he attended the Planning Board meeting and the City Council meeting, it appeared there would be restrictions on what merchants could sell. However, if the only restriction was that the merchandise must be something covered by their business license, they had no objection to the provision. He commented they have artists display in front of their store and although they may not carry the artist's work in their store at all times, any purchases were made through their store. He said their other concern was heavy benches and statuary, which he indicated they did not purchase this year due to anticipation of this provision. He said the ordinance did not place a merchant without private property in front of their store on equal footing with a merchant that had frontage and could leave items out overnight. He said most merchants would not store small objects outside that could be easily picked up and thrown around, they would likely only store heavy objects that would be difficult to move. He pointed out the grocery store and hardware store left items outside overnight, putting the downtown small business owner at a disadvantage. He said all businesses should have liability insurance. He commented they have stored merchandise in front of their store for four years and have not had any theft, vandalism or safety concerns. He reiterated his concern regarding enforcement. Mr. Snyder said one of the rationales for taking in merchandise overnight when merchandise was stored on the public right -of -way (versus on private property), the City was, under Washington State law, a guarantor of the safety and access to public rights -of -way. He asked if merchants would be agreeable to proving an insurance policy naming the City as an additional insured as a part of the encroachment permit process. Mr. Hall indicated he would not be adverse to such a policy. He commented there were Edmonds City Council Approved Minutes July 18, 2000 Page 5 numerous items in the public right -of -way such as flower pots and questioned why outdoor display of merchandise would be any different. Mr. Snyder commented the City had its own insurance and the City determined they were a public benefit. Robert Belkey, owner of Housewares, 102 %Z 5"' Avenue, Edmonds, pointed out naming the City as an additional insured was a requirement of his signage. He stated the only difference between planters and a bench was whether it had a price tag on it which he felt did not make sense. Hearing no further public comment, Mayor Haakenson closed the public participation portion of the hearing. Mr. Snyder referred to the option suggested by Mr. Chave, to have the issue of whether merchandise had to be brought in to be addressed via the encroachment permit, commenting the encroachment permit for a business owner with a sign /marquee above the public right -of -way required a policy of insurance that covered that encroachment and named the City as an additional insured. He said if the Council took that approach, that provision was already part of the encroachment permit process. Mayor Haakenson remanded the matter to the Council for deliberation. Councilmember Orvis said this was a great ordinance and a step in the right direction since merchants already display merchandise outdoors. now. He said most of the concern regarding enforcement was to ensure the public right -of -way looked nice. He said three checks would occur even without regulations, 1) economics — a messy business likely would not succeed, 2) protection — small business owners would likely bring in light items so they could not be removed, and 3) the encroachment permit could be revoked. He favored an option that allowed heavy items to remain outside at night, pointing out many items were sold because someone had seen them at night and returned the next day. Mr. Snyder suggested deleting Paragraph D, renumbering the paragraphs and placing the ordinance on the next Council agenda. Councilmember Petso referred to the letter in the packet that expressed concern with safety such as distracting drivers, forcing pedestrians off the sidewalk, etc. She asked the Council to consider whether this ordinance should apply only to the downtown area and suggested changing the zones the ordinance applied to. She questioned the appropriateness of an outdoor display in an area such as Firdale Village that might force people off the sidewalk and into high speed traffic. She was less concerned with that occurring in the downtown area. Councilmember Miller said items should be allowed to remain outdoors, commenting it had value to the merchants as well as added character to the area. He requested clarification regarding the options Mr. Chave outlined. Mr. Snyder explained if Paragraph D was deleted, there would be no prohibition on merchandise left out overnight and it would be addressed via the encroachment permit process (if required). Councilmember White asked if the encroachment permit had a requirement for indemnification. Mr. Snyder answered yes. COUNCILMEMBER ORVIS MOVED, SECONDED BY COUNCILMEMBER MILLER, TO APPROVE THE PROPOSED AMENDMENT TO THE EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING OUTDOOR DISPLAY OF MERCHANDISE WITH THE DELETION OF PARAGRAPH 17.65.010 (D). MOTION CARRIED UNANIMOUSLY. ( Councilmember Davis did not participate in the vote.) Edmonds City Council Approved Minutes July 18, 2000 Page 6 Councilmember Davis returned to the Council meeting. 6. AUDIENCE COMMENTS Medic 7 1 Jeff Sarchin, 19405 65th Avenue NE, Kenmore, a Medic 7 paramedic since 1987, referred to the plan Paramedics under consideration for the City to participate in hiring firefighter- paramedics to serve the City in addition to the Medic 7 paramedics. He expressed deep reservations over this action because of how it would affect citizens. He explained this had nothing to do with job security; the Medic 7 paramedics had been assured they would all have jobs with Lynnwood or Edmonds in the event Medic 7 was dissolved. He explained prior to joining Medic 7, he was a firefighter- paramedic in an area that employed too many paramedics for the number of emergencies. Due to a lack of constant exposure to critically ill patients, he became out of practice which was discouraging for him. After a year -long job search that included riding with Medic 7, he was impressed by the skill, professionalism and longevity of the paramedics working with Medic 7 who responded to numerous critical emergencies and interacted with emergency room physicians. As a result he saw a level of job confidence and satisfaction he had never seen before or since (other than in King County). Mr. Sarchin pointed out Medic 7 had one of the highest survival rates for cardiac arrest for any paramedic program in the United States. He emphasized results were only achieved by proficiency and proficiency was only achieved by experience. He strongly believed that hiring additional paramedics may slightly reduce response times to certain parts of the City as well as a lower level of service. Von Hall, 818 Bell Street, Edmonds, thanked the Council for their action under Item 5. He and his wife also wished to express their appreciation to the Police and Fire Departments. The Police Department, while walking downtown, notified them that their building roof was leaking; their quick response prevented a great deal of damage. He thanked the Fire Department who cared for his wife and offered to call him so he would not be upset over the incident. He said the Police and Fire Departments should be the last place any budget cuts were made. Gaming Dorothy Gouge, 196 "'/Puget Way, Edmonds, requested the Council carefully consider the Tables consequences of gaming tables in the City. She said Edmonds, as a primarily residential area with small businesses, did not warrant an undesirable activity such as gaming tables. She was opposed to gambling of that nature; particularly in this location. She said gaming tables would change the character of the City and did not belong in Edmonds. She said there would be no advantage to the retail business although they could possibly be a revenue advantage for the City. She said the traffic in the 196`h/Puget Way area was already very difficult and recent growth had increased the traffic. She visualized traffic increasing if gambling tables were allowed. She said residents supported the summer activities that provided good, wholesome, family environment but they wanted desirable locations for activities. She said Hwy. 99 was zoned commercial and would be a more appropriate area for gaming tables if they were desired in the City. 6A. DISCUSSION REGARDING CARD ROOMS Card Rooms Council President Miller advised Councilmember Davis requested this item be added to the agenda. Councilmember Davis said he had become increasingly troubled over the past few weeks over the lack of discussion regarding gambling, specifically card rooms. He stressed he was referring to card rooms and not casinos as casinos were a totally different subject because the games that are allowed in casinos were not allowed in Edmonds. He said the Council had been criticized publicly and in the media over Edmonds City Council Approved Minutes July 18, 2000 Page 7 gambling which has been legal in Edmonds for over 20 years. Due to the concerns raised over the issue, he said the Council needed time to consider those concerns, including a study regarding the impact of card rooms on the City and necessitated a 6 -month review period. COUNCILMEMBER DAVIS MOVED, SECONDED BY COUNCIL PRESIDENT MILLER, TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR A BAN ON CARD ROOMS CONTAINING A 6 -MONTH SUNSET CLAUSE AND A PUBLIC HEARING TO BE SCHEDULED UPON PASSAGE OF THAT ORDINANCE AND TO DIRECT THE COUNCIL PRESIDENT AND MAYOR TO SELECT A COMMITTEE TO INCLUDE THE MAYOR, THREE COUNCILMEMBERS, TWO COMMUNITY MEMBERS AND THE APPROPRIATE STAFF TO GATHER INFORMATION ON BUT NOT LIMITED TO THE FOLLOWING: HEALTH AND SAFETY CONCERNS, TAXES AND REVENUE AND IMPACTS ON THE INFRASTRUCTURE, NEIGHBORHOODS AND QUALITY OF LIFE AND TO REPORT THOSE FINDINGS AT LEAST 30 DAYS PRIOR TO THE ORDINANCE'S SUNSET DATE. Councilmember Davis explained the reason he brought this issue forward was the Council had not had an opportunity to discuss this matter and community members and members of the Council see a need to discuss it. He said he did not want to sacrifice impacts on neighborhoods and quality of life for a source of revenue. He said citizens did not want the quality of life changed, but pointed out that costs money. He said the other message citizens have made clear was they don't like property taxes or increases. He said the Council must consider ways to generate revenue to maintain the quality of life and would be overlooking their financial responsibility if they did not consider gambling to determine if it could work. He stressed the Council had not even had the opportunity to discuss gambling and could not make a decision without adequate information. He acknowledged the result may be a continued ban but said the Council needed to have an opportunity to gather the pertinent information. He urged those driving the ban on card tables to allow the Council an opportunity to consider the issue in a timely manner and to develop a solution. Councilmember Orvis supported Councilmember Davis' motion although he did not agree with his statement entirely. Councilmember Petso asked the affect of the ban on the application that had been pending since 1998 and what would occur if the State approved the application and the ban was in place. Mr. Snyder said if the Council passed a ban, it would be effective for all existing and new businesses. He said the Council could not accept a pending license and ban all other new operations. City Attorney Scott Snyder asked for clarification of the motion whether a public hearing would be held upon passage and asked if the intent was to hold a public hearing prior to the Council passing a ban. Councilmember Davis said yes. Mr. Snyder clarified the intent was to have public hearing prior to consideration of the ordinance rather than upon passage. Councilmember White inquired about the requirements for a public hearing on such an ordinance. Mr. Snyder answered a public hearing was not legally required, it could be held at the Council's discretion. Councilmember White said the ordinance would freeze the status quo that has been in place for 20 years; a card room would have been permitted during the past 20 years if anyone asked but no one asked. Therefore, the ordinance banning card rooms would be establishing the status quo. He questioned the need for a public hearing, pointing out it was unlikely there would be numerous people requesting card rooms be allowed to exist or visa versa. He said the purpose of the ban was to allow the City time to investigate, it was inappropriate and premature to receive public input before the information was presented to the Council. Edmonds City Council Approved Minutes July 18, 2000 Page 8 Council President Miller presumed the process would be that the committee would investigate the three areas, the information would be presented to the Council and the public hearing would be held based on the information the taskforce developed. Mr. Snyder said the motion as clarified would have the public hearing occur prior to the 6 -month ban. Councilmember Davis said his intent was to hold a public hearing after the committee assembled their information. Mr. Snyder referred to a public comment made tonight suggesting gambling be approved in one part of the City and not allowed in others and explained that was not an option the State Legislature gave the City. This was not a zoning matter; the City could only prohibit gambling within the City and set a tax rate. Mayor Haakenson clarified Councilmember Davis' motion as follows: TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE FOR A BAN ON CARD ROOMS CONTAINING A 6 -MONTH SUNSET CLAUSE AND A PUBLIC HEARING WILL BE SCHEDULED FOR CONSIDERATION OF THE PROPOSED ORDINANCE; TO DIRECT THE COUNCIL PRESIDENT AND MAYOR TO SELECT A COMMITTEE TO INCLUDE THE MAYOR, THREE COUNCILMEMBERS, TWO COMMUNITY MEMBERS AND THE APPROPRIATE STAFF TO GATHER INFORMATION ON, BUT NOT LIMITED TO, THE FOLLOWING: 1) HEALTH AND SAFETY CONCERNS, 2) TAXES AND REVENUES, AND 3) IMPACTS ON INFRASTRUCTURE, NEIGHBORHOODS AND QUALITY OF LIFE; AND REPORT THEIR FINDINGS AT LEAST 30 DAYS PRIOR TO THE PUBLIC HEARING. MOTION CARRIED UNANIMOUSLY. Mayor Haakenson said he had received many telephone calls and emails during the past weeks in response to letters to the editor regarding gambling; particularly regarding casinos coming to Edmonds. He said casinos were not legal in Edmonds or in the State of Washington, even the tribal casinos did not have slot machines in most locations. While he appreciated the telephone calls, he emphasized the discussion was not regarding casinos but card rooms. 7. CONSIDERATION OF PROPOSED AMENDMENT TO THE MEDIC 7 INTERLOCAL Medic 7 AGREEMENT GREEMENT Agreement Council President Miller referred to a letter in the packet from Don Gough, Medic 7 Board Member and Lynnwood City Council President, that made a proposal to the City to extend the terms for disengaging from Medic 7 from six months to a tier system leading to a four year notice requirement, with the City of Lynnwood eventually becoming the administrator of the Medic 7 program. As Mr. Gough was unable to attend tonight's meeting, Council President Miller said he requested Mayor Haakenson and staff review the proposal and report on their analysis. Administrative Services Director Peggy Hetzler said after she received the proposed amendment to the Medic 7 contract last week, she reviewed the original Medic 7 contract including the language regarding how budgets were prepared. She explained the Medic 7 agreement was different than most because there was no language in the contract regarding the cap on the annual increase that could be passed on to the City for the next budgetary cycle. Her interpretation of the contract was that the Medic 7 Board approved the budget, leaving no room for discussion of the budget by the City Council. Edmonds City Council Approved Minutes July 18, 2000 Page 9 Ms. Hetzler said the proposal to extend the 6 -month termination notice to 4 years increased the City's risk of increased costs and did not provide the City the flexibility to adapt in the event cost increases were beyond what the City could absorb. Further, the proposal would significantly restrict the City's ability to consider alternative service delivery method/proposals. Councilmember Davis asked if the costs associated with Medic 7 had been consistent over the past five years. Mayor Haakenson said this year's assessment was slightly over $700,000 and the assessment three years ago was approximately $400,000. He said the Medic 7 Board's decision to add 12 hours to a 12 -hour car (making it a full -time car) a few years ago increased the assessment. He said the proposed Medic 7 budget had a 0% increase due to the Lynnwood offer regarding Mountlake Terrace fire and ALS service. Fire Chief Tom Tomberg said the global effort regarding fire/EMS integration should be allowed to run its course and said it was premature to discuss extending the termination period. He preferred allowing Mountlake Terrace and Lynnwood to work out their issues first. He pointed out Mountlake Terrace had committed to Medic 7 for another year; they would be required to give 6- months notice, giving 6 months to react. He was unconvinced the Mountlake Terrace would actually leave Medic 7 and preferred the City not commit to a 4 -year notice requirement until it was known what Mountlake Terrace's plans were. He believed the Medic 7 system was fairly stable, had virtually no turnover and had been in constant operation since 1979 with no interruption in service and he did not see the instability that some, people identified. Chief Tomberg said any multi -year contract needed to include an opportunity to improve service. He said through June 2000, Edmonds was the leading consumer of Medic 7 services and transport. Mayor Haakenson referred to his memo regarding the analysis of the amendment to the Medic 7 interlocal agreement and said his first thought was "why now ?" He pointed out Lynnwood was in the midst of negotiations with Mountlake Terrace to provide them fire suppression as well as ALS/Medic 7 services. He referred to the information included in the Council packet regarding Lynnwood's timetable to complete the integration of the Lynnwood and Mountlake Terrace fire departments which indicate the administrative integration of Medic 7 would be concluded by June 30, 2001 and Medic 7 would dissolve on December 31, 2001. The Lynnwood proposal presented to the Council two weeks ago outlined the specific provisions of Proposal A which again indicated that effective July 1, 2001, minimum notice to withdraw from Medic 7 would be extended to two calendar years. Provisions were also made for 2002 and 2003, extending to a 4 -year period. He said if both Lynnwood's outstanding proposals were factored together, the Council agreeing to an extension would commit the City to Medic 7 through December 31, 2001 and then to Lynnwood as the contractor of Medic 7 services for an additional period of time. If the City was to agree to a long term contract extension with Medic 7, the details should include who would be the contractor, how much it would cost in future years and what level of service would be provided. He said the usual word for such an arrangement was a contract; if Lynnwood wanted to provide Edmonds long -term medic service, shouldn't they offer the City a contract for that service? Mayor Haakenson said the proposal states "the continuation of a `Medic 7 level of service' must be made for our citizens to ensure the continuation of a critical core service through this proposal or by a seamless transition to a fire department based regional ALS system through a long -term contract with the City of Lynnwood." Mayor Haakenson said his understanding of the fire integration talks that have been in the process was establishing the possibility of the long term contract with Lynnwood. Mayor Haakenson said his question again was "why now ?" He pointed out there may be other methods of providing that critical core service in addition to those listed by Lynnwood. Edmonds City Council Approved Minutes July 18, 2000 Page 10 Mayor Haakenson said the Council should consider the overall best interest of Edmonds citizens when considering this proposal. With due respect to the paramedics and the quality of service they provide, the Council should concern themselves with the instability and uncertainty of the long -term effects and costs of providing paramedic service to Edmonds residents. Was there a better way to do it? Should the Council commit the City to a contract that provides longevity but did not address cost? Mayor Haakenson summarized that with Lynnwood's proposal to Mountlake Terrace still on the table and the possibility of other proposals coming forward to use Medic 7 paramedics within local fire departments, he felt it would be unwise to agree to an extension of the withdrawal time until the disposition of these proposals. Councilmember Plunkett referred to Mayor Haakenson's comment in his memo, "his (referring to Lynnwood Council President Gough) intent is to ask for a vote on the proposal at the August meeting." Councilmember Plunkett said he also attended the Board meeting and said he did not understand that a vote was intended to be taken at the August meeting; therefore the Council did not need to make a decision tonight. Mayor Haakenson said Councilmember Gough did not make that statement at the July meeting but the June Board minutes state that Councilmember Gough asked that the proposal be considered by the Board in July or August. He agreed it was not necessary for the Council to make a decision but he needed Council feedback when a vote was necessary. Councilmember Plunkett directed the Council to a letter in the Council packet dated July 14 from Lynnwood Council President Gough that indicated this proposal was only for discussion. Councilmember Plunkett read from Mr. Gough's letter, "we ask that you (referring to Mayor Haakenson) allow scheduling of additional discussion on these matters at the August meeting" and "August meeting to continue discussion. It is hoped after the meeting and thereafter in the near future, the various City Councils will take up consideration and action on the interlocal agreement" and "prepare for August discussion." He said the reason the Council should not make a decision tonight was because there was the possibility of other alternatives. At the last Public Safety Committee meeting and later on tonight's agenda, Fire Chief Tomberg would present an alternative to Medic 7 services, an alternative that was an enhancement and an alternative way to delivering the present services. At the last board meeting, Mayor Haakenson referenced several alternatives. Councilmember Plunkett emphasized the current proposal was just another alternative for discussion. Mayor Haakenson clarified Chief Tomberg was not presenting an alternative to Medic 7 service in the next agenda item. Any service being discussed was with the use of Medic 7 paramedics. Councilmember Plunkett said that was an alternative —if not the existing system, it was an alternative. Mayor Haakenson clarified Chief Tomberg would not be hiring a paramedic until Medic 7 disposition was determined. Council President Miller said Lynnwood Council President Gough's intent to bring stability to the Medic 7 program was sincere but he was concerned that the letter did not address the separate discussions /negotiations with Mountlake Terrace where they propose taking over the Medic 7 program as of 2001. Council President Miller agreed that until the issue of consolidation of EMS was solved, it was premature to address how notice of termination would be handled. He objected to the City committing itself to a proposal for 4 -years with unknown cost increases and unknown levels of service. He suggested the Council consider sending a letter to Lynnwood Council President Gough expressing appreciation for their offer and that the Council refrain from entering into any negotiations until the consolidation effort had been exhausted. Edmonds City Council Approved Minutes July 18, 2000 Page 11 Councilmember Plunkett pointed out this proposal might be considered differently when compared with future proposals. He preferred the Council direct Mayor Haakenson to respond to the Medic 7 Board with his, Ms. Hetzler's and Chief Tomberg's memo as the City initial response. Councilmember Petso referred to the letter the Council received tonight that clearly implied it was hoped after the meeting and therefore in the very near future, the various Council's could take up consideration and action on the interlocal agreement as may be improved by our August discussions. She said this appeared to indicate there would be an effort made to improve the current proposal. She said the letter also referred to Ms. Hetzler's concern, "we've raised the issue of cost controls through the proposed management and administrative agreement and we've suggested that cost controls could be included in the interlocal agreement." Councilmember Petso reiterated Council action was not necessary tonight as further work would be done to the proposal. She agreed it may be appropriate to share the Council's comments and concern with the Medic 7 board. Council President Miller expressed concern with the process. He preferred the process with Mountlake Terrace be concluded before Edmonds made any decisions. Mayor Haakenson referred to the sentence Councilmember Petso referenced regarding "proposed management and administrative agreement" and said that was another proposal from Lynnwood that Edmonds had not yet acted upon, where they proposed to take over Medic 7 and manage it administratively for a year -long test period. Councilmember Earling suggested the Council thank Lynnwood Council President Gough for the update and ask him to keep Edmonds apprised of future developments. Councilmember Plunkett agreed that was all that was being asked of the Council. He supported the Council giving direction to Mayor Haakenson to thank Lynnwood and Medic 7 for the proposal and await future discussion. Councilmember Plunkett recommended this proposal be referred to the Public Safety Committee and Finance Committee, or a taskforce be established. Councilmember Orvis preferred the Council remain open to any proposals to identify the best proposal. Councilmember Earling expressed concern with the combination of elements from various cities in various stages of negotiation and suggested that concern be relayed to the Medic 7 board.. He preferred all the proposals be gathered together rather than breaking them into pieces. Mayor Haakenson clarified the proposals were not coming to the City via Medic 7 Board but via the City of Lynnwood. Councilmember Davis asked whether there was the possibility of the Medic 7 board taking action without the Council having an opportunity to give direction to its representative. Mayor Haakenson answered his understanding was the Council would provide direction on how to vote when the time came. Councilmember Davis agreed the Council seemed to just be awaiting the next proposal from Lynnwood and should wait until Lynnwood was certain what proposal they wanted to put forward. Councilmember White said if this matter came to a vote in the current form before the Medic 7 Board, he wanted the City's representative to reject it. As the Chair of the Medic 7 board, Mayor Haakenson said he would not allow a vote on anything unless it had been proposed on the agenda. Mayor Haakenson indicated that it was his understanding that the Council President would write a letter to Lynnwood expressing the Council's concerns. Councilmember Plunkett requested the Council have an opportunity to review the letter. Edmonds City Council Approved Minutes July 18, 2000 Page 12 fighter/ 8. AUTHORIZATION TO PARTICIPATE IN FOUR - AGENCY PROCESS TO ESTABLISH ENTRY medic LEVEL FIREFIGHTER - PARAMEDIC HIRING LIST ng List Fire Chief Tom Tomberg said on July 11, the Public Safety Committee directed that this item be presented to the full Council with no recommendation. He explained the Fire Department was seeking to participate in establishing a four agency firefighter- paramedic hiring eligibility list. The list would be utilized as required to ensure the delivery of ALS services in light of the uncertain future of the fire/EMS integration discussions and the desire to maintain current and improved levels of service in the system. Chief Tomberg explained the Department had an opportunity to address an entry-level vacancy that would be effective September 1. In light of the fire/EMS integration discussions and the indication by one member city that they may withdraw from the system, it seemed important for Edmonds to have a contingency plan. He pointed out Lynnwood and Mountlake Terrace both had contingency plans. He said currently only an entry-level firefighter list existed, a list that would be a year old in August and had been extended for six months to February 5, 2001. If the City was forced by future circumstances to provide ALS services or the City wished to improve ALS services, it would be prudent to have a list to hire firefighter- paramedics from. Chief Tomberg explained that of the four agencies discussing the establishing of this eligibility list (Snohomish County Fire District 1, Mountlake Terrace, Medic 7 and Edmonds), three had vacancies. He said if a department was to fill a vacancy during uncertain times when it may be necessary to provide ALS services, there should be an option to hire firefighter- paramedics. He said it was prudent to develop a contingency plan for fire -based ALS services. He said the City also may need to hire firefighter- paramedics to address the growing call volume. He stressed he was unable to predict what might happen and therefore recommended the City establish a contingency plan, and the first step was to establish a hiring list for firefighter- paramedics. Chief Tomberg emphasized he was not proposing to establish an alternative /competitive plan to Medic 7 but wanted to work within the existing system. He cautioned if Mountlake Terrace and Brier pulled out of Medic 7, something would need to be done. He asked to be allowed to attend meetings at which Medic 7, Fire District 1 and Mountlake Terrace were participating to establish an eligibility list. He said the eligibility list would only be used in the most dire circumstances, such as a collapse of the current fire /EMS integration talks and a splintering of the system. He said he hoped that did not happen but felt the City needed to have a contingency plan. He described Lynnwood's contingency plan, detailed in Resolution 2011, adopted on May 11, 2000, that proposed to staff one 24 -hour 2- person dedicated paramedic unit to respond only within the City of Lynnwood and a second 24 -hour unit with 1 paramedic and 1 EMT to respond outside Lynnwood. Lynnwood would need 12 paramedics to staff at that level; there are only 16 paramedics in the Medic 7 system. Therefore, if Lynnwood hired 12, only 4 would remain for Edmonds and Mountlake Terrace. Chief Tomberg acknowledged he was an advocate of firefighter- paramedics and said an opportunity to hire them within the Medic 7 system provided value because they filled a firefighter vacancy without increasing personnel and added ALS capability. He said firefighter- paramedics were multi -role responders, they could do a lot of things and return a greater investment in patient care and operational return. He said Edmonds, Mountlake Terrace, Snohomish County and Medic 7 had met once and would be meeting again soon. Snohomish County Fire District 1 has indicated their plans to hire firefighter - paramedics. Although Medic 7 had no vacancies, they were interested in hiring paramedics capable of becoming firefighters if and when the transition to fire -based ALS occurred. He explained if firefighter - paramedics were hired, they would practice, within the existing Medic 7 system, they would be Edmonds City Council Approved Minutes July 18, 2000 Page 13 coordinated with the hiring practices of the automatic aid cooperators, the City would be careful not to cause an area -wide paramedic glut for the reasons Mr. Sarchin identified, and the Medic 7 Board level of service standard adopted in 1998 would be maintained. Chief Tomberg indicated he was seeking the Council's authorization to attend the next meeting and to develop the first phase of a contingency plan that would only be implemented if forced to. He indicated his desire to go to the Civil Service Commission to develop a firefighter- paramedic job description. He indicated his desire to identify the administrative requirements associated with hiring firefighter - paramedics by going to the County EMS Council. He asked to be allowed to develop a contingency plan, in the event fire /EMS talks failed and the City was faced with losing the level of paramedic service that the City was accustomed to. Councilmember White asked how the City would'participate in establishing a list and why the City couldn't draw from a list another agency established. Chief Tomberg said the City had a long- standing tradition of doing joint lists with Lynnwood and Mountlake Terrace. He said by attending the meetings, he could assist with identifying standards and options to develop the list. He said the City would not have to hire from the list but a list would be established. City Attorney Scott Snyder explained the City had a Civil Service system established pursuant to State law and the Civil Service Commission authorized the list. He remarked there was no authorization to hire from an eligibility list until the Council budgeted the position and the Mayor, as the appointing authority, requested the position be filled. He said from the date the Civil Service authorized preparation of an eligibility list, it could take as long as 60 -90 days to establish the list due to the time required for advertising, the application process, testing, etc. Councilmember White pointed out even if Mountlake Terrace withdrew from Medic 7 and Lynnwood absorbed 12 of the 16 paramedics, that could not occur for at least 12 -18 months. Chief Tomberg agreed. Councilmember White said the contingency plan would be to address a contingency that would not occur for 12 -18 months. Chief Tomberg agreed Mountlake Terrace was committed to Medic 7 until 2001. He emphasized he had not sought to create a firefighter- paramedic hiring list; he was invited because one of Mountlake Terrace's contingencies was to hire firefighter- paramedics. He remarked Mountlake Terrace currently had three vacancies. He recalled two months ago, a Councilmember inquired about the Department's contingency plan in the event Medic 7 dissolved. He said this appeared to be a good opportunity to develop a contingency plan. Councilmember White asked if the City would have to establish its own list if it did not participate with the other agencies. He asked if there were economies in participating. Chief Tomberg said the City had traditionally charged the applicants and had not borne any of the cost. He said Medic 7 advertised nationally and Snohomish County Fire District 1 was also interested in advertising nationally. He said this appeared to be a good opportunity to "ride on these larger coattails" both financially and due to the opportunity for a national outreach. Councilmember White observed the potential pool of applicants would be larger. Chief Tomberg agreed. Councilmember White asked the wage for a firefighter- paramedic. Chief Tomberg answered a lieutenant's wage. Councilmember Davis expressed his appreciation for Chief Tomberg's interest in establishing a contingency plan. He asked if the current hiring list was stale. Chief Tomberg said he recognized several names on the list and was aware they had been hired by other departments. Councilmember Edmonds City Council Approved Minutes July 18, 2000 Page 14 Davis asked whether the list that would be established could also become stale. Chief Tomberg agreed that was a possibility. Council President Miller asked Chief Tomberg to respond to comments received in the Audience portion of the agenda that levels of service would decline. Chief Tomberg disagreed, questioning how a paramedic at Fire Station 17 would not provide quicker service to residents of the bowl area. As far as level of service, if there is a paramedic at Fire Station 17, they are going to get there sooner. Council President Miller asked Chief Tomberg to indicate his concern with deferring participation in the list until the fire/EMS integration talks had been completed. Chief Tomberg said he had no problem with "holding off;" he was responding to the offer to take advantage of an opportunity to participate in the establishment of the list. He said if he learned participating in the list would cost a great deal, he was uncertain whether he would recommend the City participate. Councilmember White expressed concern that by participating, the City would be sending a message to the consolidation effort that the City was not fully committed to the effort and were considering alternatives before the effort had been completed. Chief Tomberg said this was intended as a first step to a contingency plan; if the Council preferred to wait 18 months, that was acceptable to him. Councilmember White asked Chief Tomberg what his perception was regarding the sensitivity of the participants in the consolidation study; whether this would send a message that the City did not want to send. Chief Tomberg said both Lynnwood and Mountlake Terrace had contingency plans. He clarified his earlier comment, stating he was unsure whether Lynnwood would get the 12 paramedics they would need from Medic 7. Councilmember White was prepared to participate in the consolidation effort and did not want to suggest that Edmonds was looking at alternatives if it was not yet necessary. Chief Tomberg reiterated he had no problem stepping back, he was here because this opportunity had presented itself. Mayor Haakenson said for the past 3 -4 years, he had heard numerous times that the perception was Edmonds was pulling out of Medic 7. He said the Council had never said or considered it but that was the perception so any action would not change that perception. Councilmember Plunkett thanked Chief Tomberg for the materials he prepared for the Public Safety Committee. He referred to Chief Tomberg's July 11 memo to the Public Safety Committee indicating his intent to fill the September vacancy with a firefighter- paramedic and his recommendation to improve service to the citizens of Edmonds by hiring firefighter- paramedics only as vacancies occur. He clarified this appeared to indicate his intent to hire a firefighter- paramedic in September as well as fill any future vacancies with a firefighter- paramedic. Councilmember Plunkett referred to Chief Tomberg's July 18 memo that indicates the appropriate time to hire a firefighter- paramedic would be when there was final resolution to -the fire /EMS integration talks or if the City wishes to. Councilmember Plunkett observed there appeared to be three triggers for hiring a firefighter- paramedic, 1) every vacancy that occurred as of September, 2) upon resolution of integration talks, or 3) when the City wishes to. He asked Chief Tomberg to clarify what would trigger the hiring of a firefighter- paramedic. Chief Tomberg said the July 18 document indicated what would trigger hiring a firefighter- paramedic. However, at some point, for the reasons mentioned earlier regarding the call volume in Edmonds, he believed improving the service would need to be addressed, probably via getting paramedics into the area where the population was in most need of the service. Councilmember Plunkett said two triggers remained, 1) upon completion of integration talks and 2) when the City wished to (address the issue of improving service). Edmonds City Council Approved Minutes July 18, 2000 Page 15 COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER ORVIS, TO EXTEND DISCUSSION OF THIS ITEM FOR 15 MINUTES. MOTION CARRIED UNANIMOUSLY. Responding to Councilmember Plunkett, Mr. Snyder answered the agenda item was to authorize the Department to participate in a joint hiring list. First, a vacancy would have to occur, and second, the Council would have to approve a budget amendment to authorize the hiring of a firefighter- paramedic. Councilmember Plunkett clarified no firefighter- paramedics would be hired without the express authorization of the City Council. Mr. Snyder agreed. Chief Tomberg stressed he would not contemplate doing that without the support of the Council. Mr. Snyder pointed out Chief Tomberg did not need Council authorization to participate in a joint hiring list; that action was within the Civil Service Commissions authority to approve. Councilmember Plunkett said Lynnwood's contingency plan would not be employed unless Medic -7 dissolved. Chief Tomberg agreed. Councilmember Plunkett said if Lynnwood would not employ their response sooner than 18 months, he questioned why Edmonds needed to create a list that would become stale. Chief Tomberg agreed the hiring list could become stale but said it was a long process to establish a list. Councilmember Plunkett questioned whether Edmonds' creation of a hiring list would undermine the process. Chief Tomberg said the same could be asked of Medic 7 and Mountlake Terrace who were participating in development of the hiring list. He emphasized this was not intended to be a provocation, but he wanted the opportunity to determine whether it was in the City's best interest to participate in creating the list at a reasonable price. He emphasized the other two cities in active negotiations both had detailed contingency plans and it seemed Edmonds ought to take a step toward developing one. Councilmember Earling said Chief Tomberg was only trying to develop a business plan. He pointed out any further action would still require Council approval. Councilmember Earling asked Chief Tomberg if his proposal was as he had just described. Chief Tomberg answered yes. Councilmember Plunkett questioned how far the Council wanted to take this step in view of alternatives that would be proposed in the future. He supported allowing the Civil Service Commission to establish the job classification and the Council could then determine when it would be appropriate to establish a hiring list. Councilmember White said although he was glad Chief Tomberg brought this issue to the Council as it was a politically sensitive issue, but it was to some extent, politics interfering with administration. He commented the implications of the decision could be sending a "vibration" that Edmonds was not fully committed to the process of consolidation. He acknowledged Lynnwood passed an ordinance creating a contingency plan and Mountlake Terrace also had a contingency plan which suggested they were not fully committed to consolidation. He said he would support the action Chief Tomberg was proposing as it was the responsible thing to do and he hoped other cities would not take that to mean Edmonds was not fully committed to the process because he felt Edmonds was. He recognized the economy of scale and drawing from a greater pool by participating with the other agencies. Mayor Haakenson said Chief Tomberg had the best interest of Edmonds citizens in mind and brought this item to the Council as a courtesy because of the sensitivity of this topic. Edmonds City Council Approved Minutes July 18, 2000 Page 16 Councilmember Plunkett concurred with Councilmember White that it was prudent to move forward and to begin a contingency plan but questioned whether it was necessary to do more than the reclassification process with the Civil Service Commission at this time. Because of the sensitivity of this action, he recommended delaying the creating of an eligibility list until the Council felt it was appropriate. Council President Miller expressed his appreciation to Chief Tomberg for bringing this item to the Council and recommended the Council allow him to do his job. COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER EARLING, TO AUTHORIZE THE DEPARTMENT TO PARTICIPATE IN ESTABLISHMENT OF A JOINT ENTRY LEVY FIREFIGHTER- PARAMEDIC HIRING ELIGIBILITY LIST. Councilmember Petso said her intent was not to send a message; this action would not endorse any course of conduct, but was only a means of keeping the City's options open. Councilmember Orvis said by voting in favor of this action, the Council was allowing Chief Tomberg to do his job. He clarified by voting yes he was not necessarily endorsing the concept of firefighter- paramedics. Councilmember Davis did not agree with the comments regarding sensitivity to the other agencies involved with Medic 7 because the Council's priority was to Edmonds citizens. He said the Council was committed to Medic 7 and did not have to prove that. He agreed the Council needed to let Chief Tomberg do his job. MOTION CARRIED (6 -1), COUNCILMEMBER PLUNKETT OPPOSED. Mayor Haakenson declared a brief recess. Road & 9. DISCUSSION OF ROAD AND CAPITAL IMPROVEMENT PROJECTS Capital Improvement Projects Administrative Services Director Peggy Hetzler explained the June 7 meeting of the Long Range Financial Taskforce included a discussion regarding possible funding mechanisms for building maintenance and street overlay projects. The Chair of the Taskforce, Councilmember Earling, requested a presentation be made to the Council regarding a voted bond measure as a possible funding source for the City getting caught up on some of these projects. She reviewed a list of projects that had been prioritized by Engineering and Public Works, 1) Frances Anderson Center wiring and other projects — approximately $1 million; 2) City Hall roof — approximately .$270,000, 3) Library roof — approximately $1 million; and 4) various street overlays — approximately $1 million for a total of a $3,265,500 voted bond measure. She said the Council packet included a detailed list of each project. Ms. Hetzler said Councilmember Earling requested staff evaluate the annual payments for a voted bond measure to finance the projects as well as the impact on the property tax rate based on a series of payback periods. To finance $3.3 million in capital projects for 10 years, the annual payment would be approximately $445,000 and the impact on the property tax rate would be $0.150 per $1,000 of assessed valuation. For a 20 -year payment period, the annual payment would be $285,000 and the property tax rate $0.097 per $1,000 of assessed value. For a 30 -year payment period, the annual payment would be $237,000 and the property tax rate $0.08 per $1,000 of assessed valuation. Based on a median home value of $235,000, the estimated annual increase to the property owner based on the 10 -year bond was $35, $23 for the 20 -year bond and $19 for the 30 -year bond. Edmonds City Council Approved Minutes July 18, 2000 Page 17 Councilmember Earling said the Long Range Financial Taskforce was grappling with a number of issues that could have impact on the City. He commented some of the projects such as the electrical wiring of the Frances Anderson Center had reached a critical state where the public could be endangered by not having an adequate electrical system. He said the intent was to bring this information to the Council as discussion of the 2001 budget began. He said it was clear to the Long Range Financial Taskforce that there were some serious issues that needed to be addressed. He said no action was recommended but the Council should begin to think about these issues. Councilmember Petso said the $1 million for the Frances Anderson Center appeared to include a number of expenditures in addition to the electrical wiring such as blinds and restroom renovations and covered expenditures planned up to 2010. Ms. Hetzler said the proposed schedule would complete all the projects at one time. Councilmember Petso recommended when this was returned to the Council, funding from the Public Works Trust Fund for the street overlay be considered as the Trust Fund dollars were available at '' /a% versus 6 %. Councilmember Orvis inquired about the balance of 125 Fund where the second '/4% REET was placed. Mayor Haakenson asked Ms. Hetzler to describe the past use of the 125 Fund. Ms. Hetzler said the second 1/4% REET was put in place with the intent of funding park improvement projects. She said there were a number of park improvement projects that were being phased in and financed solely by the BEET. Councilmember Orvis asked if the Frances Anderson Center improvements would be eligible. Ms. Hetzler answered not under the second '/4 %. Mr. Snyder explained the second '/4% could only be used for capital renovations and could not be used for maintenance. Noel Miller said the electrical capacity at Frances Anderson Center needed to be doubled so the project would be an upgrade and an improvement. Mr. Snyder said any portions that could be defined as improvements would be needed to be broken out of the project. Mayor Haakenson pointed out the use of Fund 125 was a philosophy the Council had agreed to and any change from parks use would require further Council discussion. Councilmember Orvis said before levying a bond measure, the Council should consider the possibility of using Fund 125 to subsidize the Parks and Recreation projects. He recommended staff explore how much of these capital improvements could be funded via Fund 125 and how other projects funded by Fund 125 would be impacted. Councilmember Earling said a bond measure was just one potential way to address these expenditures, there were a variety of other methods. Street Operations 10. DISCUSSION ON STREET OPERATIONS AND BUILDING MAINTENANCE FUNDS & Building Maintenance Assistant Administrative Services Director Doug Farmen distributed a list of street and building Funds maintenance fund transfers which had been discussed previously by the Long Range Financial Taskforce and Finance Committee. He explained the schedules in the Council packet of the Street and Building Maintenance Funds illustrated the cash balances were steadily decreasing. He said General Fund transfers were the only source of revenue for building maintenance over the past 11 years. Approximately $100,000 per year has been transferred into Building Maintenance to maintain those projects. Approximately $350,000 per year has been transferred into the Street Maintenance Fund although there were some years insufficient funds resulted in smaller transfers as well as a reduction in 2001 due to I -695. ` Edmonds City Council Approved Minutes July 18, 2000 Page 18 Mr. Farmen said his research of other cities indicates they fund street maintenance via their General Fund by isolating property tax revenues directly into the fund or receipt the Fuel Tax directly into the street fund to fund street maintenance projects (Edmonds receipts the Fuel Tax into the General Fund). He said the street operating and building maintenance funds would have approximately $2.5 million in deficits by 2005, leaving $500,000 to generate in extra revenue,to break even on the projected schedule of building and street maintenance. Mr. Farmen explained in addition to transfers from the General Fund, there were several other options, 1) a garbage utility tax that would generate $190,000 per year, 2) a parking lot tax, 3) local /federal grants, 4) State fuel tax revenue, 5) a cell phone utility tax that generates $60,000- 70,000 per year, and 6) the Public Works Trust Fund. The Finance Committee also discussed a Street Lighting Utility but a court ruling on the City of Seattle's attempt at creating that utility was declared unconstitutional. He recommended the City be proactive in developing a plan to fund street and building maintenance. Councilmember White said the previous agenda item included a letter indicating deferring street overlays would increase the cost of repairs. He asked if there had been any analysis of when the increase outweighed the delay. Mr. Miller said, for example, 2nd Avenue in front of the post office, the pavement must be removed and the street repaved. He said when maintenance was delayed the repair eventually costs more compared with doing overlays in a timely manner and not allowing streets to deteriorate. Councilmember White observed it was "pay now or pay a lot more later" and recommended the true long -term cost of not doing street maintenance be analyzed. Mr. Miller said Engineering was developing a pavement management program that would provide staff indicators when streets needed to be overlaid versus rebuilt. Councilmember White asked how the City was able to get the Hwy. 99 project to go down onto 220`'' Mr. Miller said 220` was a federally designated roadway therefore federal and state funds could be used for that roadway. He said the major arterials in Edmonds have a federal classification. 11. REPORT ON COMMITTEE MEETINGS Community Services/Development Services Committee Community Services/ Councilmember Petso said work would be g p in to complete the Park , on an p en Recreation O Space Plan and p Dev. Serv. would include a community process with a committee, workshops, and public hearings before the Committee Planning Board and City Council prior to its adoption. Council President Miller indicated a motion was necessary to extend this evening's meeting COUNCIL PRESIDENT MILLER MOVED, SECONDED BY COUNCILMEMBER DAVIS, TO EXTEND THE MEETING FOR EIGHT MINUTES. MOTION CARRIED UNANIMOUSLY. Public Public Safety Committee Safety Councilmember Plunkett reported the Committee discussed hiring firefighter- paramedics which was Committee forwarded to the full Council with no recommendation. A proposed Emergency Medical Services fee for service study was discussed and forwarded to the full Council without a recommendation for consideration in August. Edmonds City Council Approved Minutes July 18, 2000 Page 19 Finance Committee ,nance Councilmember Earling reported a discussion regarding card rooms was added to the agenda due to Committee Councilmember Plunkett's request for information regarding the formation of an enterprise zone. Staff and the City Attorney agreed to research the qualification requirements for establishing an enterprise zone. The Committee also discussed various 5 -year budget scenarios. The committee eliminated two scenarios and the remaining scenarios will be presented to the Council for consideration. 12. MAYOR'S REPORT Card Rooms Mayor Haakenson referred to the numerous telephone calls and emails he received regarding casinos and card rooms and said he was troubled that people in the community who contacted him were under the impression that casinos were coming to Edmonds. He said casinos conjure images of Las Vegas and stressed that type of use was not legal in the State or in the City. He explained card rooms had been around a long time; the Gambling Commission was created in 1975 and a few years later Edmonds set a tax rate on the use of 20 %. In that timeframe, there have been no card rooms in Edmonds. The only change that had occurred, which he assumed raised most of the questions, was in September 1998, a person applied for a card room license in Edmonds. The Gambling Commission slowed the process of approving licenses because they felt there were too many card rooms in the State. He explained there were currently 19 card room applications being processed by the Gambling Commission, one of which was the application in Edmonds. If the Gambling Commission approved that application, the person applying would have to build the card room, have the tables in place, train the employees, have them approved by the Gambling Commission and be willing to pay the 20% tax rate which no one has been willing to pay during the past 25 years. He said the issue the community was discussing was a 15 table (or less) card room. He stressed neither the Council nor himself were recruiting gambling establishments to come to Edmonds to solve the City's revenue problems. 13. COUNCIL REPORTS Council President Miller extended his welcome to the new Student Representative Kim Boese. Casinos Councilmember Orvis said the Gambling Commission used the word casino to describe the use. He referred to other "casinos" in Everett, noting everything in those establishments was legal in Edmonds. He said he was circulating the petition due to concern over the impacts of casinos including increases in crime and suicide rates and several studies, including some conducted by the Gambling Commission, indicating businesses were negatively impacted. He said the City, by allowing card rooms or casinos, was allowing or partnering with an industry that used false hopes to prey on people. Hotel /Motel Councilmember Petso said the Hotel/Motel Tax Committee would meet on Thursday, July 20 on the Tax Comm. third floor of City Hall. One of the items of discussion would be the preliminary 2001 budget. She invited Councilmembers or citizens to forward any input to her. She said the meeting was open and everyone was welcome to attend. Councilmember Petso reported she attended the auditor's exit interview for the 1999 audit and the eExit auditors were happy with the City's financial statements and issued no findings. She said the auditors Interview complimented staff on being cooperative and helpful. The auditors developed a list of 14 changes in the City's procedures that they recommended be adopted; staff appeared to be willing to implement those changes in the future. She noted one of the items was an account from which monies were being expended that the expenditures do not have to come before the Council. She said $1.5 million had been Edmonds City Council Approved Minutes July 18, 2000 Page 20 i I expended from the Treasurer's account and she had asked the Finance Committee to consider making a list of those expenditures available to the Council., Councilmember Plunkett thanked Councilmembers and Chief Tomberg for demonstrating to citizens of Edmonds, other Councils and agencies that members of the Edmonds City Council could have a robust, frank disagreement in a manner that was professional and courteous. With no further business, the Council meeting was adjourned at 10:10 p.m. /��/b 411�---- GARY HAA ENSON, MAYOR A- ttA.a,r� "SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes July 18, 2000 Page 21 AGENDA EDMONDS CITY COUNCIL Plaza Meeting Room - Library Building 650 Main Street 7:00 -10:00 a.m. JULY 18, 2000 7:00 P.M.'- CALL TO ORDER FLAG SALUTE 1 • APPROVAL OF AGENDA 2. CONSENT AGENDA ITEMS (A) ROLL CALL (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF JUNE 27, 2000 (C) APPROVAL OF CLAIM CHECKS #35977 THROUGH #42162 FOR THE WEEK OF JUNE 26, 2000, IN THE AMOUNT OF $236,012.33. APPROVAL OF CLAIM CHECKS #45972 THROUGH #42365 FOR THE WEEK OF JULY 10, 2000, IN THE AMOUNT OF $574,258.80. APPROVAL OF PAYROLL CHECKS #30392 THROUGH #30129 FOR THE PERIOD JUNE 16 THROUGH JUNE 30, 2000, IN THE AMOUNT OF $364,242.88. (D) ACKNOWLEDGE RECEIPT OF CLAIM FOR DAMAGES FROM MARA L. VOLLBRECHT ($87.40) (E) APPROVAL OF FINDINGS OF FACT REGARDING THE FINAL PLAT APPROVAL FOR THE PLAT OF VISTA DEL MAR, THE KAIREZ SUBDIVISION (File No. P -93 -216) (F) ACCEPTANCE OF SEWER AND TEMPORARY CONSTRUCTION EASEMENTS FROM VARIOUS LAND OWNERS IN THE PERRINVILLE SANITARY SEWER LID 215 AND 216 PROJECT AREA (G) REPORT ON BIDS RECEIVED FOR THE CITY COUNCIL CHAMBERS AUDIO SYSTEM ($49,047.37, INCLUDING SALES TAX) (H) REPORT ON BIDS RECEIVED JULY 11, 2000 FOR THE CONSTRUCTION OF THE 2000 STREET OVERLAY PROGRAM AND AWARD OF CONTRACT TO WILDER CONSTRUCTION ($290,976.00, EXCLUDING SALES TAX) (I) AUTHORIZATION TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO SELL SURPLUS CITY VEHICLES (J) AUTHORIZATION FOR MAYOR TO SIGN INTERLOCAL AGREEMENT WITH EDMONDS SCHOOL DISTRICT #15 FOR PLAYFIELD IMPROVEMENTS AT SHERWOOD ELEMENTARY SCHOOL (K) PROPOSED ORDINANCE REPEALING SECTION 20.91.030 CONTINUANCES, REENACTING SUCH SECTION 20.91.030 CONTINUANCES AS AN INTERIM ZONING REGULATION, SETTING A PUBLIC HEARING, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE (L) PROPOSED ORDINANCE RELATING TO ZONING AND PLANNING; REPEALING THE EXISTING SHORELINE MASTER PROGRAM AS CODIFIED IN ECDC CHAPTERS 15.35 — 15.39; ADOPTING AS AN INTERIM LAND USE REGULATION A REVISED SHORELINE MASTER PROGRAM IN ACCORDANCE WITH RCW 90.58; PROVIDING FOR FUTURE REVIEW OF THE SAME; PROVIDING FOR SEVERABILITY; AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE 3. (5 Min.) INTRODUCTION OF NEW STUDENT REPRESENTATIVE KIM BOESE Page 1 of 2 L� 0 1 CITY COUNCIL MEETING AGENDA JULY 18, 2000 Page 2 of 2 4. (60 Min.) **CLOSED RECORD MEETING — APPEAL OF THE HEARING EXAMINER'S DECISION REGARDING PROPOSED SAFETY FENCING ON SUNSET AVENUE APPEAL OF THE HEARING EXAMINER'S DECISION GRANTING APPROVAL OF THE APPLICATION BY THE-CITY OF EDMONDS ENGINEERING DIVISION ON BEHALF OF BURLINGTON NORTHERN/ SANTA FE RAILROAD FOR REAPPROVAL OF A SHORELINE SUBSTANTIAL DEVELOPMENT PERMIT TO CONSTRUCT APPROXIMATELY 2000 LINEAR FEET OF TUBULAR METAL SAFETY FENCING RANGING FROM 3 TO 4 FEET IN HEIGHT. THE PROPOSED FENCING WILL BE CONSTRUCTED ON TOP OF THE BLUFF WITHIN THE BURLINGTON NORTHERN /SANTA FE RAILROAD RIGHT -OF -WAY PARALLEL TO SUNSET AVENUE BETWEEN APPROXIMATELY EDMONDS STREET AND CASPERS STREET. (Appellant: James & Sally Wassail; File No. AP- 00 -26; Applicant: City of Edmonds Engineering Division & Burlington_ Northern /Santa Fe Railroad; File No. SM -99 -176) * *A request to continue this matter to September 5 has been received from the appellant and is pending. 5. (15 Min.) PUBLIC HEARING — PROPOSED AMENDMENT TO THE EDMONDS COMMUNITY DEVELOPMENT CODE REGARDING THE OUTDOOR DISPLAY OF MERCHANDISE 6. AUDIENCE COMMENTS (3 Minute Limit Per Person) 7. (30 Min.) CONSIDERATION OF PROPOSED AMENDMENT TO THE MEDIC 7 INTERLOCAL AGREEMENT 8. (15 Min.) AUTHORIZATION TO PARTICIPATE IN FOUR - AGENCY PROCESS TO ESTABLISH ENTRY LEVEL Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 46. Delayed telecast of this meeting appears the following Wednesday at noon and 7.•00 p.m., as well as, Friday and Monday at noon on Channel 46. FIREFIGHTER - PARAMEDIC HIRING LIST 9. (15 Min.) DISCUSSION OF ROAD AND CAPITAL IMPROVEMENT PROJECTS 10. (15 Min.) DISCUSSION ON STREET OPERATIONS AND BUILDING MAINTENANCE FUNDS 11. (15 Min.) REPORT ON COMMITTEE MEETINGS 12. ( 5 Min.) MAYOR'S REPORT 13. (15 Min.) COUNCIL REPORTS Parking and meeting rooms are accessible for persons with disabilities. Contact the City Clerk at (425) 771 -0245 with 24 hours advance notice for special accommodations. The Council Agenda appears on Chambers Cable, Channel 46. Delayed telecast of this meeting appears the following Wednesday at noon and 7.•00 p.m., as well as, Friday and Monday at noon on Channel 46.