Loading...
02/19/2002 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES February 19, 2002 Following a Special Meeting at 6:40 p.m. to interview candidates for the Planning Board and Architectural Design Board and to meet with a Library Board candidate, the Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5t' Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor Dave Earling, Council President Michael Plunkett, Councilmember Lora Petso, Councilmember Dave Orvis, Councilmember Deanna Dawson, Councilmember ELECTED OFFICIALS ABSENT Richard Marin, Councilmember Jeff Wilson, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief David Stern, Chief of Police Kevin Taylor, Assistant Fire Chief Greg Wean, Assistant Police Chief Duane Bowman, Development Serv. Director Stephen Clifton, Community Services Director Peggy Hetzler, Administrative Services Director Noel Miller, Public Works Director Arvilla Ohlde, Parks and Recreation Director Dave Gebert, City Engineer Darrell Smith, Traffic Engineer Star Campbell, Assistant Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER PETSO, FOR APPROVAL OF THE AGENDA AS PRESENTED. MOTION CARRIED UNANIMOUSLY. CONSENT AGENDA ITEMS COUNCILMEMBER DAWSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, FOR APPROVAL OF THE CONSENT AGENDA AS SUBMITTED. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: (A) ROLL CALL Approve i5i02 (B) APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 5, 2002 Minutes pprove (C) APPROVAL OF CLAIM CHECKS #53481 THROUGH #53628 FOR THE WEEK OF laim FEBRUARY 4, 2002, IN THE AMOUNT OF $151,578.71. APPROVAL OF CLAIM cks CHECKS #53629 THROUGH #53789 FOR THE WEEK OF FEBRUARY 11, 2002, IN THE AMOUNT OF $275,634.59. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #4121 THROUGH #4214 FOR THE PERIOD JANUARY 16 THROUGH JANUARY 31, 2002, IN THE AMOUNT OF $692,221.48. Edmonds City Council Approved Minutes February 19, 2002 Page 1 laims for (D) ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM MR. AND MRS. Damages RICHARD SANDERSON ($15,660.81) AND RALPH WAUD (AMOUNT UNDETERMINED) Liquor Control (E) APPROVAL OF LIST OF EDMONDS BUSINESSES APPLYING FOR RENEWAL OF Board THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL Promote Art BOARD Events and Cultural (F) AUTHORIZATION TO AWARD GRANTS TO LOCAL ARTS ORGANIZATIONS FOR Tourism PROMOTION OF ARTS EVENTS AND CULTURAL TOURISM Vire Station (G) AUTHORIZATION FOR MAYOR TO SIGN A CONSULTANT CONTRACT FOR THE r0 Traffic DESIGN OF FIRE STATION 20 EMERGENCY TRAFFIC SIGNAL Si al Vire Station (H) AUTHORIZATION FOR MAYOR TO SIGN A CONSULTANT CONTRACT FOR 16 Traffic DESIGN OF FIRE STATION 16 EMERGENCY TRAFFIC SIGNAL Signal Berson (I) AUTHORIZATION TO ADVERTISE FOR CONSTRUCTION BIDS FOR THE FRANCES Center ANDERSON CENTER ELECTRICAL AND LIGHTING RENOVATION PROJECT Electrical Project (J) AUTHORIZATION TO ENTER INTO A KEY AND LOCK SUPPLY AGREEMENT ey & Lock WITH ASSA, INC. greement (K) AUTHORIZATION TO CONTRACT WITH JAMES MURPHY AUCTIONEERS TO Surplus City SELL SURPLUS CITY VEHICLES AND EQUIPMENT Equipment Battalion (L) APPROVAL OF LETTER OF AGREEMENT WITH IAFF UNION LOCAL 1828 — hief BATTALION CHIEF POSITION Positions Firefighter/ (M) APPROVAL OF LETTER OF AGREEMENT WITH IAFF UNION LOCAL 1828 — aramedic & FIREFIGHTER/PARAMEDIC POSITION AND MEDIC 7 PARAMEDICS Medic 7 Paramedics 3. CONFIRMATION OF MAYOR'S APPOINTMENTS TO THE PLANNING BOARD OF JIM YOUNG AND WAYNE ZHAN AND ARCHITECTURAL DESIGN BOARD OF SONNY VINBERG, AND INTRODUCTION OF LIBRARY BOARD MEMBER BARBARA PAUL JOHNSON Council President Earling explained the Council had an opportunity to interview the candidates for the Planning Board, Architectural Design Board and the Library Board. All are highly qualified for the position for which they have applied. onfirm ppoint- COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER DAWSON, ents to the ]anning, TO CONFIRM THE APPOINTMENT JIM YOUNG AND WAYNE ZHAN TO THE PLANNING DB and BOARD, OF SONNY VINBERG TO THE ARCHITECTURAL DESIGN BOARD, AND BARBARA ibrary PAUL JOHNSON TO THE LIBRARY BOARD. oards Councilmember Petso pointed out there were provisions in the Code regarding geographic distribution of board and commission members that she was uncertain had been taken into consideration. She recommended in the future either the provision in the Code be changed or consideration be given to geographic distribution when making appointments to boards and commissions. MOTION CARRIED UNANIMOUSLY. Edmonds City Council Approved Minutes February 19, 2002 Page 2 4. SWEARING-IN OF BATTALION CHIEFS GREG A. LUCAS, ROBERT J. SCHMITT, AND caring -in 3attalion STEVE P. ALLISON !efs Mayor Haakenson swore in Battalion Chiefs Greg Lucas, Robert Schmitt, and Steve Allison. Councilmembers congratulated the Battalion Chiefs. Swearing-in 5. SWEARING-IN OF NEW ASSISTANT CHIEF OF POLICE GERRY GANNON f New Assistant Chief of Mayor Haakenson swore in Assistant Chief of Police Gerry Gannon. Assistant Chief Gannon read and Police signed the Law Enforcement Code of Ethics. Councilmembers congratulated Assistant Chief of Police Gannon. Retiring 6. RECOGNITION OF RETIRING ASSISTANT CHIEF OF POLICE GREG WEAN Assistant Chief of Police Greg Mayor Haakenson presented retiring Assistant Chief of Police Greg Wean with a 25 -year service award Wean plaque, explaining Assistant Chief Wean would be retiring on February 28 after 25 years of service in Edmonds. Assistant Chief Wean commented it had been a pleasure to serve the citizens of Edmonds for the past 25 years. Chief of Police David Stern remarked Assistant Chief Wean has been a source of inspiration and strength to the community and the Police Department. He presented Assistant Chief Wean with a plaque from the Edmonds Police Department in recognition of 25 years of dedicated service to Edmonds from January 1, 1977 through February 28, 2002. Councilmembers congratulated Assistant Chief Wean. Mayor Haakenson read Assistant Chief Wean's biography, which included promotion to Sergeant in 1983 and Assistant Chief of Police in 1996. Assistant Chief Wean was also the key representative for the Police Department in the planning and building of the Public Safety Complex and he and Assistant Chief Gannon participated in the Edmonds Police Department accreditation. Mayor Haakenson described new Assistant Chief Gannon's background, which included positions of Patrol Officer, Detective, Traffic Officer, SWAT Team Leader, and Administrative Sergeant during his 22 years of service with the Edmonds Police Department. 7. RECEPTION IN HONOR OF FIRE DEPARTMENT BATTALION CHIEFS. NEW ASSISTANT CHIEF OF POLICE AND RETIRING ASSISTANT CHIEF OF POLICE At 7:25 p.m., Mayor Haakenson recessed the Council to a reception in honor of Fire Department Battalion Chiefs, the new Assistant Chief of Police and the retiring Assistant Chief of Police. The meeting was reconvened at 7:40 p.m. 8. PUBLIC HEARING ON PROPOSED ORDINANCE AMENDING TITLE 10 OF THE EDMONDS Historic reservation CITY CODE BY THE ADDITION OF A NEW CHAPTER 10.90, HISTORIC PRESERVATION Commission COMMISSION Councilmember Plunkett explained the Historical Preservation Advisory Committee was established by the Council over a year ago and charged with the following tasks: 1) complete a preliminary survey to historical structures, 2) determine whether a significant number of historic structures exist in Edmonds, 3) recognition of the importance of historical preservation ordinance in Edmonds, and 4) review a model of a historic preservation ordinance from the State. As a result, the Historical Preservation Advisory Committee forwarded an amendment to Title 20, establishing a registration of historical places, to the Edmonds City Council Approved Minutes February 19, 2002 Page 3 Planning Board, which would create a partnership with the State that includes incentives, and programs for voluntary historic preservation. Councilmember Plunkett explained tonight's public hearing was regarding amendments to Title 10, which establishes a permanent Historic Preservation Commission in Edmonds. Councilmember Plunkett reviewed the duties of the Historic Preservation Commission, which include conducting and maintaining an inventory, reviewing new nominations to the Edmonds Historic Registry, reviewing and applying standards to proposed changes to historical properties, promoting awareness of historic resources, advising the Mayor and Council on historical matters, and promoting community awareness of available benefits. Councilmember Plunkett reviewed potential benefits which include Edmonds obtaining the title of Certified Local Government (granted by the State of Washington) resulting in the availability of historical preservation grants, training and assistance to City staff, and access to tax incentives for property owners who wish to participate. Incentives will encourage property owners who wish to participate on the Historical Register to refurbish and maintain the historic character of their property, which would benefit property owners as well as the character and charm of Edmonds. Chuck LaWarne described the development of Edmonds as a distinctive waterfront town. After World II and the suburban housing boom, Edmonds grew rapidly but downtown Edmonds retained much of its small town flavor. The Historic Preservation Advisory Committee recommends the Council amend Title 10 to create a permanent Historic Preservation Commission. He explained similar commissions existed in other states and 26 communities and counties in Washington State had Certified Local Governments (CLG) and 10-15 more had interlocal agreements with these CLGs. More than 55 Washington communities currently have Historic Preservation ordinances. He urged the Council and the community to support the proposed amendment to Title 10 establishing a Historic Preservation Commission. Al Rutledge, 7202 Lake Ballinger Way, Edmonds, expressed his support for the proposal and urged the Council to support it. Mike Wilcox, 1100 Edmonds Street, Edmonds, Vice President, Edmonds South Snohomish County Historical Society, urged the Council to pass the ordinance establishing a Historic Preservation Commission. Roger Oliver, 1031 2"d Avenue S, Edmonds, member of the South Snohomish County Historical Society, stressed a Historic Preservation CLG was not able to prohibit an owner of an interesting or historic parcel from doing what they wanted to do with their property but could provide ideas, guidance, and tax benefits to the property owners. Roberta McBride, 8523 215th SW, Edmonds, supported the creation of a permanent Historic Preservation Commission in Edmonds. She pointed out the appropriateness of the creation of the commission in view of the possible loss of the only auditorium in South Snohomish County. If the Commission had been created a few years ago, the Puget Sound Christian College (PSCC), the location of the auditorium, might have been protected from irrevocable change. With the impending sale of that building, Edmonds stood to lose the only home to performing arts in the area. She noted the PSCC was one of only many buildings in Edmonds worthy of preservation and others have already been lost. Hearing no further public comment, Mayor Haakenson closed the public participation portion of the public hearing. Council President Earling expressed his support for the Historic Preservation Advisory Committee as well as his strong belief in property rights. He read from Section 20.45.020(D) of the ordinance Edmonds City Council Approved Minutes February 19, 2002 Page 4 amending Title 20, "In the case of historic districts, the Commission shall recommend, and the City Council shall adopt by ordinance, a percentage of property owners which is deemed adequate to demonstrate owner consent. The public, property owner(s) and the authors of the nomination, if different, and lessees, if any, shall be notified of the listing." Council President Earling asked what would happen to the property rights of any property owner who did not want to participate in a historic district. Councilmember Plunkett clarified the amendment to Title 10 would not create historic districts. The amendment to Title 20 addresses historic districts; when and if a decision was made to establish historic districts, further discussion with the Council would be necessary. City Attorney Scott Snyder explained this ordinance was a tailored version of the model ordinance used throughout the State. The model provides for both individual listings and districts. The section creating zoning attributes for a historic designation did not include a provision for districts at this time nor did it include any changes to the zoning requirements, only an authorization for individual properties to seek registration. Council President Earling clarified when consideration was given to creating historic districts, there needed to be thorough discussions to avoid disruption of individual property rights. Councilmember Plunkett noted the discussion regarding creation of historic districts would not occur for many months. Mayor Haakenson remanded the matter to Council for action. Ord# 3392 COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER ORVIS, FOR Historic ADOPTION OF ORDINANCE NO. 3392. MOTION CARRIED UNANIMOUSLY. The ordinance Preservation adopted reads as follows: Commission AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING TITLE 10 OF THE EDMONDS CITY CODE BY THE ADDITION OF A NEW CHAPTER 10.90 EDMONDS HISTORIC PRESERVATION COMMISSION, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. Councilmember Plunkett expressed his appreciation to the members of the Historic Preservation Advisory Commission and Assistant Planner Star Campbell. 9. AUDIENCE COMMENTS Policies for Al Rutledge, 7101 Lake Ballinger Way, Edmonds, recommended the Council establish policies for Interviewing interviewing candidates. In addition, he favored maintaining the current Medic 7 level of service without andidates raising taxes and cited the importance of supporting Medic 7. ity Park Lucien A. Schmit, 545 3rd Avenue S, Edmonds, referred to the July 6, 1999 Council meeting where the Council unanimously adopted a motion, "To initiate the process to amend the Comprehensive Plan to require the Planning Board to review the ingress/egress to the City Park, taking into account safety considerations, two-way versus one-way street, the new configurations in the park that are already in place based upon the implementation of the Current Comprehensive Plan over the past six years and addressing the issue of removal of trees." He referred to the letter of proposal from Perteet Engineering dated January 11, 2002 (Agenda Item #10) which was intended to be an initial response to the guidance provided by the Council and City Attorney on July 6, 1999. Mr. Schmit and neighbor Jim Bentler expressed their appreciation to the Council, Traffic Engineer Darrell Smith, City Engineer Dave Gebert, and Parks and Recreation Director Arvilla Ohlde for considering their input regarding the scope of work. Mr. Schmit referred to his letter of February 15, 2002, that outlined several specific suggestions that could be used to further improve the scope of work. He emphasized this was more than a routine approval of a consultant contract, pointing out one of the possible outcomes of the study could lead to the expenditure of at least $350,000. He questioned whether the scope of work had been or should be reviewed by the Planning Board. He advised all that he and his neighbors hoped for was that the Council Edmonds City Council Approved Minutes February 19, 2002 Page 5 would approve the scope of work that provided an unambiguous, solid foundation for the generation of a professional, comprehensive, independent written report that would be made available to the public. ity Park Carol Hahn, 1031 2nd Avenue S, Edmonds, referred to the scope of work (Agenda Item No. 10) and noted several references to ferry traffic on Pine Street. She explained when this process began, there was a great deal of ferry traffic on Pine Street, particularly during peak hours. Since then, there has been little ferry traffic on Pine Street and it did not need as much emphasis as it was given in the letter. She noted that although the Comprehensive Plan states there will be 2 -way traffic within the park, she hoped the engineering firm would refer to the last public hearing and reconsider 2 -way traffic in the park, unless traffic studies proved 2 -way traffic was best. ity Park Roger Hertrich, 1020 Puget Drive, Edmonds, urged the Council to reread the comments he made at the July 6, 1999 public hearing regarding the City Park road and parking. He noted his primary concern was amenities in the park, explaining the bigger the roadway and the more curbs there were, the less rural/natural feel the park had. He suggested there was adequate expertise in the City's Traffic Engineering Department to conduct studies in-house. Mr. Hertrich congratulated the Council for Historic adopting the ordinance establishing the Historic Preservation Commission. As a member of the Preservation Commission Committee, he attended the Edmonds Public Facility District's meeting with the Snohomish County Public Facilities District Board to appeal to them to preserve the old Edmonds High School. ity Park 10. REVIEW AND APPROVAL OF PROFESSIONAL SERVICES CONTRACT WITH PERTEET ENGINEERING REGARDING STUDY ON TRAFFIC CIRCULATION AND ACCESS FOR CITY PARK Parks and Recreation Director Arvilla Ohlde advised the packet included a scope of work for traffic study to consider a two-way road in City Park. She explained there was an adopted City Park Master Plan as part of the Comprehensive Plan. Improvements have been made to City Park since 1992 including installation of the playground, construction of picnic shelters, and construction of new restrooms. The remaining major project in the Master Plan was the concept of a two-way road. Following a public hearing in 1999, the Council chose to have a traffic study conducted to consider a two-way road versus a one-way road. She remarked the scope of work reflected the concerns/issues/interests of the neighbors. She advised a letter was sent to all who spoke at the July 6, 1999 public hearing along with the agenda packet, attachments, and scope of work. Councilmember Petso asked whether moving the park maintenance facility was part of the Master Plan. Ms. Ohlde answered the Master Plan stated moving the park maintenance facility should be looked at as a priority. The City Council made a decision to retain park maintenance at the site but move facility maintenance in the future. Councilmember Petso inquired whether any timeframe for that move had been established. Ms. Ohlde answered no. Councilmember Petso inquired about the number of vehicles associated with each activity. Ms. Ohlde answered there were five park maintenance vehicles and seven facility maintenance vehicles. Councilmember Petso referred to the suggestion that the traffic study be done in-house. Ms. Ohlde recommended using an outside consultant due to the Traffic Engineer's current workload and to! ensure a comprehensive study was conducted. Councilmember Petso asked if one-way traffic would be an option considered in the traffic study. Ms. Ohlde explained the study would consider a two-way road versus a one-way road. The study would also consider circulation, traffic, safety, layout, configuration, effect on the neighborhood, egresshngtess, etc. Edmonds City Council Approved Minutes February 19, 2002 1 Page 6 Mayor Haakenson commented having a consultant conduct the study would avoid any inference that the City influenced the decision which may occur if a staff person conducted the study. Councilmember Plunkett inquired about the costs associated with moving the facilities maintenance function out of the park. Ms. Ohlde answered she had not done an assessment of the cost to move the facilities maintenance function but the estimated cost to renovate/upgrade the site for park maintenance was approximately $100,000. Mayor Haakenson acknowledged there was a significant cost associated with moving facilities maintenance to possibly the old Public Works site or to construct a new building to house facilities maintenance. Councilmember Dawson inquired how the $17,000 cost of the consultant would be paid. Ms. Ohlde answered it would be funded from the 125 Park Capital Fund. Councilmember Orvis asked whether the study would consider peak traffic and the impact of staff vehicle traffic. Traffic Engineer Darrell Smith answered yes. Mayor Haakenson remanded the matter to Council for action. COUNCIL PRESIDENT EARLING MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO AWARD THE CONTRACT TO PERTEET ENGINEERING. Ms. Ohlde referred to the options outlined in Mr. Schmit's letter, noting summer peak traffic, park maintenance vehicle, impact on the neighborhood, cost effectiveness, etc. would be considered in the study. However, mapping would not be done until an alternate plan was developed. MOTION CARRIED UNANIMOUSLY. Council President Earling thanked Mr. Schmit for his involvement and for his thorough and well thought- out recommendations outlined in his correspondence to the Council. edic 7 11. DISCUSSION OF MEDIC 7 REQUESTS Mayor Haakenson explained he was seeking Council guidance and direction regarding how to proceed with the integration of paramedic service into the Edmonds Fire Department. He referred to his recent memo outlining the remaining issues to be resolved at the Medic 7 Board level and requested Council direction to allow him to vote their wishes at the February 21 Medic 7 Board meeting. Fire Chief Tom Tomberg reviewed what has been accomplished to date: • Training plan to train Medics to Firefighter I level jointly devised by Training Officers from Edmonds and Lynnwood. • Draft interlocal to share Medical Services Administrator (MSA) Ayrs as a Lynnwood employee (contract employee to Edmonds). • Edmonds Civil Service Commission approved Special Register of eight Medic 7 Paramedics destined .for Edmonds. • Fleet Allocation Plan jointly devised by representatives from both cities. • Advanced Life Support license application to provide paramedic services in Edmonds forwarded to the State. • Third revision of informal action plan. • Paramedics destined for Edmonds completed City of Edmonds applications. Edmonds City Council Approved Minutes February 19, 2002 Page 7 • Four Firefighter/Paramedics hired to bring the number of paramedics to 12 were hired on February 6. • Station 17 bedrooms furnished to accommodate the paramedics. • Paramedic Letters of Agreement signed and approved by Union and City, approved tonight on the Consent Agenda. • Medical Control Physician draft modeled after current Medic 7 interlocal in process. • Paramedic Eric Timm working on Field Officer Training for new Paramedics. • Eight Paramedics heading for Edmonds assigned to Medic 17. Chief Tomberg explained there was a long history of consolidation and integration efforts in Southwest Snohomish County beginning in the mid 1980s. The one successful effort was the consolidation of Fire Districts 1 and 11 and District 1's subsequent exit from Medic 7. The latest effort, integrating Medic 7 into the Edmonds and Lynnwood Fire Departments being addressed this evening, became urgent after Lynnwood and Mountlake Terrace decided not to consolidate in August 2000. Mountlake Terrace opened consolidation discussions with Fire District 1 culminating with Mountlake Terrace and its contract city Brier joining District 1 and announcing their departure from the Medic 7 consortium effective January 1, 2002. Once Mountlake Terrace/Brier announced their departure from Medic 7, Edmonds and Lynnwood began discussions on the future of Medic 7. Chief Tomberg stated that he, Mayor Haakenson, Assistant Chief Taylor, and Local 1828 President Dahl met with Lynnwood representatives to include at different times Council members Gough and Hikel, Fire Chief Meador, Assistant Chief Olson, Medic 7 MSA Ayrs, and members of the Lynnwood and Medic 7 union locals. Common values were identified and work began on operational issues. In October 2001, Lynnwood Mayor Roberts -Martinez and her executive assistant Peter Lieurance became involved in the meetings, as did Lynnwood labor negotiator Cabot Dow and Human Resources Director Robin Hall. Edmonds' Human Resources Director Brent Hunter also became involved. Mayor Roberts -Martinez did not run for re-election and Mike McKinnon is now the Lynnwood Mayor. Chief Tomberg explained meetings and discussions have continued up to now with action plans developed but some issues need to be resolved based on the input from the two Councils. Mayor Haakenson explained the tasks necessary to bring in the eight Paramedics into the Edmonds Fire Department have been accomplished. However, eight issues remain that require a vote from Medic 7 representatives — Mayor Haakenson, Councilmember Gough (Lynnwood), Councilmember Saltonstall (Woodway), and Stevens Hospital Medic 7 Board representative. Mayor Haakenson referred to the eight outstanding issues outlined in his memo, explaining it was his belief that in order to reach a vote to integrate the Paramedics into the two Fire Departments, it was necessary to have all issues resolved. Approval of Fleet Allocation Assistant Fire Chief Kevin Taylor described Medic 7 fleet integration meetings, which included Edmonds and Lynnwood Fire Department representatives as well as Fleet Managers, and the Medic 7 Paramedic who coordinates the Medic 7 fleet. He noted the representatives from both cities mutually agreed upon the allocation of the rolling stock, and the allocation was done as evenly as possible. Council President Earling suggested Councilmembers provide comments/concerns regarding each item followed by tacit approval of the recommendation. Edmonds City Council Approved Minutes February 19, 2002 Page 8 Councilmember Dawson asked whether there was any dissention/opposition voiced by any parties regarding the fleet allocation. Mayor Haakenson responded everyone from Edmonds including the labor unions was in agreement with everything that was presented. Chief Tomberg described what Paramedic service would look like in Edmonds: • Eight current Medic 7 Paramedics dubbed the "Great Eight" would join the Edmonds Fire Department as fulltime employees as soon as outstanding procedural issues were worked out. • The current Medic 7 budgetary assessment would be applied to the Paramedics employment with the Fire Department. • Medic 7 Board would cease to exist after December 31, 2002. It is no longer a regional service in scope or mission, it's really now two provider cities and one client, Town of Woodway with 945 residents. • Edmonds would be in control of the delivery of all emergency services in our community not subject to the unilateral veto power of current Medic 7 consortium members under the current interlocal agreement. Edmonds would have flexibility to change and react to both internal and external forces such as the spate of recent initiatives. • The name "Medic 7" will be retained to identify the Advanced Life Support unit so it would be "Edmonds Medic 7." • Medic 17 is relocated to Fire Station 17 to better serve Edmonds residents particularly those in the Downtown bowl area and 5`h Avenue South where the majority of our older population resides. This is especially important since 16.5% of our population is over age 65. • Continue quality patient care delivering services with twelve Edmonds Firefighter/Medics. • Over the course of 2002, the eight Medic 7 Paramedics would be trained per the plan worked out by Assistant Chief Taylor and Lynnwood Training Officer Forbes to the Firefighter level adding value to their current employment and producing a multi -role public safety employee providing a greater return on Edmonds taxpayers' investment in emergency services. • To get to twelve, we hired four Paramedics on February 6, three of whom are currently in the Everett Community College Fire Fighter I Academy due to graduate on March 26. The fourth is a Firefighter/Medic already. After graduation the four come under the tutelage of the Great Eight on a one on one basis until they are certified to practice unsupervised in Snohomish County. • Continue current level of service goals: BLS of two Firefighter/EMTs in 4 minutes 80% of the time and two ALS Firefighter/Paramedics in 8 minutes 80% of the time. • The Medic 7 fleet is distributed with title to the two cities per the plan devised by representatives from Lynnwood and Edmonds in an effort chaired by Assistant Chief Taylor. • Non -vehicle assets and equipment are distributed to the current members. • Financial reserves are distributed among the current members. • Continue existing EMS protocols and procedures. • Continue using the same Medical Program Director, Dr. Mercer from Stevens Hospital, but under our own contract. • Deliver ALS services under our own ALS license. • Continue use of criteria -based dispatch protocols. • Continue to assign the first two Firefighter/Paramedics on the first out ALS unit. • Assign the third Firefighter/Paramedic and fourth Firefighter/Paramedic to an Engine Company ensuring not only BLS but ALS service in four minutes instead of eight 80% of the time. • Initiate shared EMS program management by contract with the City of Lynnwood for services from the current Medic 7 MSA Ayrs who becomes a fulltime Lynnwood employee. • Share with Lynnwood the same EMS training standards, Paramedic run review and hiring standards, etc. Edmonds City Council Approved Minutes February 19, 2002 Page 9 Automatic aid to other jurisdictions when they need ALS assistance will be per the, Automatic Assistance Agreement signed unanimously by Council on June 26, 2000 which calls for use of "Run Cards". All run cards shall determine resources to respond based upon quickest arriving unit to be dispatched." Tentative implementation date is First Quarter 2002. • In summary, the obsolete structure goes away, most of the overhead goes away, the Paramedics who have provided great service to our community for 23 years remain now as Edmonds Fire Department employees, also able to serve as Firefighters. Same level of service, same values, but working solely under the direction of Edmonds elected and appointed officials. Should Firefighter training for medics be paid for from board reserves or by cities? Mayor Haakenson said there were funds to pay for Firefighter training from board reserves. However, there needed to be assurance the Paramedics would become Firefighters in the two cities because Medic 7 Board could not authorize Firefighter training if they would not become Firefighters. Mayor Haakenson recommended paying for Firefighter training from board reserves. Council President Earling inquired about the cost of the training and the amount of the reserves. Mayor Haakenson advised there was a significant amount in board reserves; the reserve status as of December 31, 2001 was $637,000 and $180,000 was encumbered. Councilmember Dawson inquired about the recommendation regarding unfunded liability. Mayor Haakenson suggested that issue be addressed when that question arose later. City Attorney Scott Snyder commented their firm represented the remaining members of Medic 7, and although they had a conflict waiver, if a true conflict was reached, "we're all going to check out." Mr. Snyder noted the unfunded liability was one of the major negotiating points that remained. The concurrence of all the remaining members was required to dissolve Medic 7, which raised the issue that the last remaining member could be left with both assets and liabilities. When should training begin? Mayor Haakenson referred to a Paramedic Cross -Training Report which described the dollar amounts and prerequisites for training, the recommended plan, etc. He said Chief Tomberg's recommendation was to begin training as soon as possible as long as the other issues could be resolved. Mayor Haakenson indicated he would provide the Council a report regarding training before any action was taken and with the results of the February 21 Medic 7 Board meeting. Board agreement on an implementation date in the first quarter of 2002 Mayor Haakenson advised this date was acceptable to Edmonds if an agreement was reached within the next five weeks. How can we accomplish transition of sick leave and vacation benefit balances to cities? Chief Tomberg explained some employees have been with Medic 7 since its inception in 1979 and there are some sizable accruals. He suggested moving the Paramedics into their respective cities with their accrued vacation, sick leave, etc. and he anticipated negotiating to have some reserve funds accompany the Paramedics to cover that liability. He explained the division of employees was accomplished with a number of things in mind and an attempt was made to send each city a very even package. Mayor Haakenson explained if there were enough in board reserves to cover sick leave/vacation benefits, the cities would accept those liabilities as well as assets from the board to equal those liabilities. Edmonds City Council Approved Minutes February 19, 2002 Page 10 Councilmember Petso inquired about the dollar amount of the accrued benefits. Mayor Haakenson explained there was approximately $130,000 in current reserves for that particular liability. As of February 15, 2002, Medic 7 Paramedics have accrued vacation/sick leave/comp time benefits totaling $260,000. Councilmember Petso asked if the plan was to fund the unfunded portion from board reserves. Mayor Haakenson answered yes. How do we distribute board reserves? Mayor Haakenson said the best formula for distributing reserves on an equitable basis was to use the operating budget participant contribution formula (1/3 population, 1/3 valuation, 1/3 usage). For example, Edmonds' 2002 assessment was 48% of the Medic 7 budget. He noted the Interlocal Agreement indicated that formula would be used to divide assets. Accordingly, each city's percentage would be Edmonds 48%, Lynnwood 45% and Woodway slightly under 2%. He noted according to the fleet division, Woodway was underfunded by approximately $2,000 and he recommended Woodway's balance be increased slightly and Edmonds and Lynnwood's be decreased accordingly. Mayor Haakenson noted Stevens Hospital did not share in any of the assets, they only had voting rights. Councilmember Dawson inquired how much would remain in board reserves after funding training and vacation/sick leave. Mayor Haakenson advised there was approximately a $400,000 balance in board reserves and he believed this was enough to cover whatever may arise. Councilmember Dawson clarified the intent was that any remaining board reserves would be split according to the percentages Mayor Haakenson described. Do we need a Medic Seven Board after integration? tion? Mayor Haakenson advised in his opinion, the Medic 7 board was not needed after integration as it would not have a function if the Paramedics worked for individual cities. Council President Earling asked whether there was a desire by any of the entities to retain the Board. Mayor Haakenson responded one city appears to want the Medic 7 Board to remain in place. Councilmember Orvis asked whether there was a need to retain the Board to coordinate training of Paramedics with the hospital. Mayor Haakenson explained training would be done by individual Fire Departments, not at the hospital. Chief Tomberg explained the current MSA Ayrs would serve both Edmonds and Lynnwood. The monthly Paramedics meetings with the Medical Control Physician, Dr. Mercer at Stevens Hospital, to do Run Review (reviewing calls of significance and lessons learned) would continue. Councilmember Dawson asked which city wanted to keep the Medic 7 Board in place. Mayor Haakenson indicated he was uncomfortable stating what other cities wanted. In the past, Lynnwood has expressed some interest in retaining the Board and Woodway vacillates due to their desire to do what is least expensive for them. Councilmember Dawson referred to the resolution from Woodway. Mayor Haakenson explained Edmonds provides Woodway fire suppression service and BLS service under an annually renewed contract. Assistant Chief Taylor has provided presentations to Woodway regarding a change in their formula for 2002, which is not part of the Medic 7 issue. He explained Edmonds' discussion with Woodway regarding the Medic 7 contract have been halted as Edmonds does not yet have the ability to contract with Woodway for Medic 7 services. Mayor Haakenson summarized the resolution stated Woodway liked the old formula because they paid less. Edmonds City Council Approved Minutes February 19, 2002 Page i l Councilmember Dawson inquired about the requirement for all members to vote to dissolve Medic 7. Mayor Haakenson explained the interlocal agreement contains a clause that requires a unanimous vote of all board members to dissolve Medic 7. Councilmember Petso asked whether there were any transition issues that would benefit from having the Board structure in place. Mayor Haakenson explained even if there was a vote passed to dissolve Medic 7 today, the Board would remain in place for a few months to resolve any remaining issues. The issue was whether the Medic 7 Board should remain in place following integration. What should be our policyon any unfunded liability share incurred by Mountlake Terrace Brier or Fire District 1? Mayor Haakenson explained the interlocal agreement states any party to the agreement that withdraws shall have no right to any portion of the assets by virtue of any participation in the interlocal agreement prior to the time of withdrawal or termination. He explained when Fire District 1 withdrew four years ago, they left with no assets and when Mountlake Terrace and Brier left on December 31, 2001, they too left with no assets. The interlocal agreement also addresses survival of indemnity, stating a party who withdraws its support from the agency shall by its participation in any budget year promise to indemnify and hold harmless the remaining parties from any and all excess liability incurred with respect to the operation of the agency during the budget years in which the withdrawing agency was a party to the agreement. Whether or not a particular claim, loss or liability arose during a budget year shall be determined based upon the date on which the incident or incidents occurred which give rise to such liability. This promise to hold harmless and indemnify shall be limited to the same percentage proportion of liability determined in accordance with the financial participation of the withdrawing entity during the budget year in which the liability arose. Mayor Haakenson explained attorneys have reviewed this and said it could go several ways. In his opinion, there was liability that should be shared by the entities who have left Medic 7. He noted when Fire District 1 left Medic 7 in 1998 and when Mountlake Terrace and Brier left in 2001, no attempt was made to obtain their share of any liabilities. Mayor Haakenson advised he asked the Medic 7 attorney what would be involved in determining the liabilities at the time Fire District 1 withdrew and attempting to obtain their share. The attorney's answer was "no matter how much they owe you, it will cost more in attorney's fees to go out and get it." The consensus of the Medic 7 Board at that time was not to pursue the liability. Mayor Haakenson concluded pursuing the unfunded liability from Fire District 1 and Mountlake Terrace and Brier appeared to be counterproductive. He commented there had not been a determination of what their share of the liability would be. His recommendation was not to pursue the liability to avoid attorney's fees and the creation of bad will between the entities. Councilmember Orvis inquired whether the assets of Medic 7 exceeded the liabilities. Mayor Haakenson answered yes. Councilmember Orvis observed the entities that withdrew gave up their share of the assets. Mayor Haakenson recalled Mountlake Terrace and Brier requested a share of the assets when they withdrew and were told no as the interlocal agreement stated they would not receive a share of the assets upon withdrawal. Councilmember Petso suggested a contingent approval to not pursue liabilities unless it became apparent there were significant unidentified liabilities. For Councilmember Dawson, Mayor Haakenson advised all entities would be responsible, for any lawsuits that occurred up to the time they withdrew. The only issue was their share of the unfunded sick leave/vacation, etc. The indemnification for all Medic 7 members including Fire District 1 up to the date they withdrew would remain forever. Edmonds City Council Approved Minutes February 19, 2002 Page 12 Councilmember Plunkett asked whether there were any unknown or future liabilities. Mayor Haakenson explained the known unfunded liabilities are sick leave, vacation, comp time that Paramedics have accumulated. He acknowledged there could be something that could arise that the board was unaware of today and all entities shared in that indemnification. He explained Mountlake Terrace and Brier's share of the unfunded liability was not known because that calculation had not yet been done. When Fire District 1's portion of the liability was calculated, the attorney fees to recapture the amount exceeded the liability. He emphasized Edmonds still needed to work with Mountlake Terrace, Brier, Lynnwood, Woodway and Fire District 1 on a daily basis and should be cautious about jeopardizing those relationships. Council President Earling summarized as long as the Council could be assured the assets outweighed the liabilities, the Council was comfortable with the recommendation. Mayor Haakenson explained there were two other policy issues that would arise in the future, 1) mutual aid and 2) deployment of Paramedics. He referred to Edmonds' intent to deploy two Paramedics on a dedicated vehicle. He observed there had been rumor that there was a plan to immediately change to only one Paramedic. He emphasized neither he nor Chief Tomberg were suggesting a change to deploying one Paramedic and any change would have to be authorized by the Council. Chief Tomberg referred to automatic aid to other jurisdictions in accordance with the Automatic Assistance Agreement, explaining there were no borders when dispatching fire and aid units; the quickest arriving unit was dispatched. As part of the Agreement, if Lynnwood needed assistance and Edmonds did not have resources available, the next unit on the grid was dispatched. The Agreement also did not allow jurisdictions to dictate how units were staffed. Instead of having two dedicated paramedic units at two of their six stations, Fire District 1 chose to utilize a one Paramedic system. This allows Fire District 1 to get a single Paramedic quicker to a majority of their residents. When Mountlake Terrace and Brier joined Fire District 1, they accepted that system. Chief Tomberg explained the conflict that has arisen is that Lynnwood has said when their Medic 15 unit is out of service, they want another 2 -Paramedic unit to respond. Regardless of the outcome of Medic 7, this issue will be how Fire District 1 with a one -Paramedic system and Lynnwood with one two - Paramedic unit decide to resolve this automatic aid issue. He said Lynnwood would like to remove its medic and aid units from the grid cards which moves Edmonds up. For example, if Lynnwood Medic 15 was out of service, Edmonds would be required to respond to emergencies in the northeast corner of Lynnwood although there are two medic units in Fire District 1 that are closer. Chief Tomberg explained his position would be if Fire District 1 and Lynnwood cannot work it out, he was not willing to send Edmonds units miles and miles away from downtown. He described possible scenarios that could result from Lynnwood removing its medic and aid units from the grid cards. There was no objection voiced to Chief Tomberg's intended policy. Community 12. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF FEBRUARY 12, 2002 Services / A report on the Community Services/Development ment Services Committee meeting was deferred to a future Develop. P �' p g Services meeting due to the absences of Councilmembers Wilson and Marin. Committee mance Finance Committee nmittee Councilmember Orvis reported the Edmonds Historical Museum provided a presentation regarding a budget shortfall caused by increased storage costs. Councilmember Orvis recommended the Museum pursue lowering the cost of storage with Edmonds School District, and return to the March Finance Committee meeting for further discussion. The Committee then discussed the Team Edmonds Marketing Edmonds City Council Approved Minutes February 19, 2002 Page 13 Plan, and recommended it also be discussed by the Community Services/Development Services Committee. The Committee discussed Engineering Technician I, H, and III positions and offered to schedule a special Finance Committee meeting for final approval of the job descriptions once the labor negotiation process has been completed. The final item discussed was an update regarding their work plan, details of which Councilmember Orvis noted were contained in the minutes. Public Public Safety Committee Safety Councilmember Plunkett reported Police Chief Stern provided the Committee an overview regarding Committee animal control, describing how officers provide both parking enforcement and animal control services. The Committee reviewed the Esperance Interlocal Agreement with Snohomish County Fire District 1 and recommended it be forwarded to the Council Consent Agenda for approval. 13. MAYOR'S COMMENTS Legislation Mayor Haakenson explained for the past several weeks, staff, citizens involved in the Washington Tea o Change Party and he have been working with the Legislature on HB2340, a change to the current RCW that Allo sg hKin allows King County to condemn land outside its service area. The bill was moved out of the Government Co. to Committee and Rules Committee and on to the House. During the second reading today, the House Condemn unfortunately killed the bill. He noted King County has had approximately 15 representatives including Land utside its King County Executive Ron Sims, lobbying the Legislature. He thanked those involved with bringing Service Area the bill to the Legislature. Although he had not had an opportunity to discuss the issue with staff or the citizens group, he was inclined to bring the bill back next year and to educate the Legislature that this rightwater was not just about Brightwater and Edmonds, it was about taking away voters' rights across the' State. Mayor Haakenson said the strategy regarding Brightwater remains in place. He urged citizens to continue their efforts, noting the Washington Tea Party meets every Thursday at 7:00 p.m. in the Library Plaza Room. 14. COUNCIL COMMENTS Councilmember Petso advised a Water Resources Inventory Area (WRIA) 8 meeting was scheduled for it1A s February 21. Actions to be taken included accepting Lynnwood and Mill Creek as members, approving the near term action agenda, and developing a plan to allocate funds in the budget which may result in a partial reduction in dues. Unless she heard otherwise from staff or Council, she planned to approve the three actions. ramal Councilmember Plunkett noted he received a telephone call from a Seattle resident offering a $1,000 enefit Fund donation to the Animal Benefit Fund. He informed her the Council had not approved the altering policy and she agreed to consider her donation in the future. Councilmember Plunkett noted this individual has contributed a surprising amount to the City of Seattle for their altering program. Councilmember Plunkett explained he may be requesting a new vote on the ordinance to alter animals prior to adoption because the three Councilmembers who voted against the ordinance did so based on conversations with Adix that have proven to be incorrect with regard to Adix's intentions. He referred to the February 14 Edmonds Beacon which cited Lynn Adix's disagreement with the statement that they reportedly were prepared to cancel their contract with the city if the ordinance was approved. The article stated Ms. Adix indicated that they were prepared to live with whatever ordinance was passed. Councilmember Plunkett pointed out the Councilmembers who voted against the ordinance based on Adix's reported intent to cancel the contract were misled and there was now no reason for them to oppose the ordinance. Edmonds City Council Approyed Minutes February 19, 2002 Page 14 Councilmember Plunkett explained if a new .vote was taken. on the ordinance, it was apparent Jim and Lynn Adix should appear before the Council to answer questions regarding kennel procedures, costs, transportation, how they work with animal control, and how they will live with the ordinance. He indicated he had drafted approximately 20 questions to be posed to Adix. Councilmember Plunkett stated that Adix had a public contract with the City and the RCW requires the City contract only with responsible parties. He pointed out that Adix has made statements that they would live up to the ordinance if funds, veterinarians and transportation could be identified, but then informed Councilmembers they would not live up to the ordinance. He commented Adix was not acting as a responsible party as required by RCW. Therefore, he requested City Attorney Scott Snyder prepare, possibly for Executive Session, a discussion regarding whether Edmonds was in a public contract with a contractor who has failed to act responsibly. Councilmember Plunkett summarized the ordinance was positive, cooperative and unintrusive; if the Council and Adix continued to "stand in the way of the public's expectations," there were other options, all more intrusive, more expensive and with more requirements. Councilmember Dawson disagreed the ordinance was positive and cooperative. She preferred approaching the issue in a less adversarial mode. Councilmember Orvis recalled a lawsuit was filed against the City after it passed a ban on cardrooms; he ardroomsCI thanked City Attorney Scott Snyder for his efforts to defend the City's ban, which the court upheld. Council President Earling said before any further discussion regarding the animal altering ordinance was scheduled on the agenda, he would need confirmation that additional information had been gathered. In his opinion, there had been a full airing of the issue and a vote taken. Mayor Haakenson commented the Council was losing sight of the fact that the City signed a contract with Adix to provide services to the Police Department and citizens. He said Adix is doing that well and the City and citizens are getting a good value. He emphasized the need to keep the big picture in mind. 15. EXECUTIVE SESSION REGARDING A LEGAL MATTER Executive Session At 9:37 p.m., Mayor Haakenson recessed the Council for a 15 -minute Executive Session regarding a legal matter. No action would be taken and the Council would adjourn immediately following the Executive Session. GAY HE NSON, MAYOR e e SANDRA S. CHASE, CITY CLERK Edmonds City Council Approved Minutes February 19, 2002 Page 15 AGENDA - EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 51" Avenue North 7:00 - 10:00 p.m. FEBRUARY 19, 2002 6:40 p.m. - Interview Candidates for the Planning Board and Architectural Design Board and Introduction of Library Board Candidate 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 February 5, 2002 (C) Approval of claim checks #53481 through #53628 for the week of February 4, 2002, in the amount of $151,578.71. Approval of claim checks #53629 through #53789 for the week of February 11, 2002, in the amount of $275,634.59. Approval of payroll direct deposits and checks #4121 through #4214 for the period January 16 through January 31, 2002, in the amount of $692,221.48. (D) Acknowledge Receipt of Claims for Damages from Mr. and Mrs. Richard Sanderson ($15,660.81), and Ralph Waud (Amount Undetermined) (E) Approval of List of Edmonds Businesses Applying for Renewal of their Liquor Licenses with the Washington State Liquor Control Board (F) Authorization to Award Grants to Local Arts Organizations for Promotion of Arts Events and Cultural Tourism (G) Authorization for Mayor to Sign a Consultant Contract for the Design of Fire Station 20 Emergency Traffic Signal (H) Authorization for Mayor to Sign a Consultant Contract for the Des ign of Fire Station 16 Emergency Traffic Signal (1) Authorization to Advertise for Construction Bids for the Frances. Anderson Center Electrical and Lighting Renovation Project Page 1 of 2 CITY COUNCIL MEETING AGENDA February 19, 2002 Page 2 of 2 (J) Authorization to Enter into a Key and Lock Supply Agreement with ASSA, Inc. (K) Authorization to Contract with James Murphy Auctioneers to sell Surplus City Vehicles and Equipment (L) Approval of Letter of Agreement with IAFF Union Local 1828 - Battalion Chief Position (M) Approval of Letter of Agreement with IAFF Union Local 1828 - Firefighter/Paramedic Position and Medic 7 Paramedics 3. ( 5 Min.) Confirmation of Mayor's Appointments to the Planning Board of Jim Young and Wayne Zhan and the Architectural Design Board of Sonny Vinberg, and Introduction of Library Board Member Barbara Paul Johnson 4. (10 Min.) Swearing-in of Battalion Chiefs Greg A. Lucas, Robert J. Schmitt and Steve P. Allison 5. (10 Min.) Swearing-in of New Assistant Chief of Police Gerry Gannon 6. (10 Min.) Recognition of Retiring Assistant Chief of Police Greg Wean 7. (15 Min.) Reception in Honor of Fire Department Battalion Chiefs, New Assistant Chief of Police and Retiring Assistant Chief of Police S. (20 Min.) Public Hearing on Proposed Ordinance Amending Title 10 of the Edmonds City Code by the Addition of a New Chapter 10.90, Historic Preservation Commission 9. Audience Comments (3 Minute Limit Per Person) 10. (10 Min.) Review and Approval of Professional Service Contract with Perteet Engineering Regarding Study on Traffic Circulation and Access for City Park 11. (60 Min.) Discussion of Medic 7 Board Requests 12. (15 Min.) Report on City Council Committee Meetings of February 12, 2002 13. ( 5 Min.) Mayor's Comments 14. (15 Min.) Council Comments 15. (15 Min.) Executive Session Regarding a Legal Matter ADJOURN 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 as well as a delayed telecast of the meeting appears on AT&T Cable, Channel 21.