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10/27/2009 City CouncilEDMONDS CITY COUNCIL APPROVED MINUTES October 27, 2009 The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Haakenson in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Gary Haakenson, Mayor D. J. Wilson, Council President Michael Plunkett, Councilmember Peggy Pritchard Olson, Councilmember Steve Bernheim, Councilmember Dave Orvis, Councilmember Ron Wambolt, Councilmember Strom Peterson, Councilmember 1. APPROVAL OF AGENDA STAFF PRESENT Tom Tomberg, Fire Chief Mark Correira, Assistant Fire Chief Gerry Gannon, Assistant Police Chief Stephen Clifton, Community Services /Economic Development Director Lorenzo Hines, Finance Director Rob Chave, Planning Manager Debi Humann, Human Resources Director Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF OCTOBER 20, 2009. C. APPROVAL OF CLAIM CHECKS #114865 THROUGH #114981 DATED OCTOBER 22, 2009 FOR $537,990.94. APPROVAL OF PAYROLL DIRECT DEPOSITS AND CHECKS #48678 THROUGH #48713 FOR THE PAY PERIOD OCTOBER 1 THROUGH OCTOBER 15, 2009 FOR $819,291.29. D. APPROVAL OF LIST OF BUSINESSES APPLYING FOR RENEWAL OF THEIR LIQUOR LICENSES WITH THE WASHINGTON STATE LIQUOR CONTROL BOARD, SEPTEMBER AND OCTOBER 2009. E. COMMUNITY SERVICES AND ECONOMIC DEVELOPMENT QUARTERLY REPORT — OCTOBER, 2009. F. ADOPTION OF ORDINANCE NO. 3760 — AMENDING THE EDMONDS COMMUNITY DEVELOPMENT CODE TO ADD A NEW CHAPTER 16.100 FIRDALE VILLAGE MIXED -USE ZONING CRITERIA, AND A NEW CHAPTER 22.100 FIRDALE VILLAGE SITE DESIGN STANDARDS. Edmonds City Council Approved Minutes October 27, 2009 Page 1 G. PROCLAMATION IN HONOR OF FINDING AN END TO POVERTY WEEK, NOVEMBER 2 - 8, 2009. H. PROCLAMATION IN HONOR OF DIABETES AWARENESS MONTH, NOVEMBER 2009. 3. CONFIRMATION OF MAYOR'S APPOINTMENT TO THE POSITION OF FINANCE DIRECTOR. Mayor Haakenson explained the Council had an opportunity to interview the three finalists for the Finance Director position prior to last week's Council meeting. With his own and the Council's thoughts and recommendations in mind, he appointed Lorenzo Hines to the position of City's Finance Director. He requested the Council's confirmation. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WAMBOLT, TO CONFIRM MAYOR HAAKENSON'S APPOINTMENT OF LORENZO HINES TO THE POSITION OF FINANCE DIRECTOR. Council President Wilson advised he would abstain as he was unable to participate in the interviews. He commented Mr. Hines was an exceptional candidate. Councilmember Plunkett spoke in support of Mr. Hines' confirmation, commenting he had stepped into a hornet's nest and although he was overworked and deluged, he had performed in good spirits and with due diligence and worked well with the Council and public. MOTION CARRIED (6 -0 -1), COUNCIL PRESIDENT WILSON ABSTAINED. Mayor Haakenson commented Mr. Hines has done an excellent job and will be a great addition to the management staff. 4. PUBLIC HEARING ON FIRE DISTRICT 1 CONTRACT OPTION 4. IN ADDITION TO CONTRACTING FOR SERVICES WITH FIRE DISTRICT 1 THIS OPTION INCLUDES SELLING APPARATUS (ENGINES, AID CARS, AND EQUIPMENT), AND KEEPING FIRE STATIONS, LAND AND TRANSPORT FEES. Councilmember Wambolt referred to the question posed by the public regarding how Fire District 1 could provide fire service to Edmonds for $6.2 million /year, explaining in reality the amount was approximately $7.3 million. The City would pay Fire District 1 $6.2 million /year and Fire District 1 would no longer pay Edmonds approximately $700,000 to provide fire service to Esperance. In addition, Fire District 1 would likely negotiate a contract with Woodway which would generate additional revenue. Mayor Haakenson opened the public participation portion of the public hearing. Dave Page, Edmonds, asked if the City had held other public hearings. Mayor Haakenson answered there had been five opportunities for public comment. Mr. Page spoke in favor of contracting for fire service with Fire District 1, envisioning it would be beneficial to the City, the citizens and the Fire Department employees. He anticipated everyone would look back on this in the future as a win. He urged the Council to embrace regionalization and vote in favor of the contract. Al Rutledge, Edmonds, explained the City previously discussed fire service consolidation with Mountlake Terrace, Lynnwood and Brier when Laura Hall was the mayor. He reported Lynnwood signed Edmonds City Council Approved Minutes October 27, 2009 Page 2 a medical services contract with Mukilteo. He relayed a report in the Mukilteo Beacon that Edmonds and Mukilteo were involved in ongoing discussions with Fire District 1. He remarked that Lynnwood was considering cancelling their December meetings as a cost saving measure. Roger Hertrich, Edmonds, commented research that has been done indicates Edmonds received less that it should have from Fire District 1 for providing fire service to Esperance. In addition, Woodway has been getting a good rate for fire service from Edmonds. He envisioned the rates for Esperance and Woodway residents would increase when fire service was provided by Fire District 1 and expressed concern that representatives from those communities had not been involved in the discussions. Rich Senderoff, Edmonds, was glad the Council was no longer considering the sale of the fire stations and land. With regard to the public hearing process, he pointed out the difference between public comment and a public hearing. Public comment to date has been useful in providing the Council feedback during their deliberations. Public hearings should begin once the final proposal is made and the deliberations have reached an end. He pointed out often life got in the way and citizens did not have time to follow issues being considered by the Council. Citizens often wait until the Council has completed their deliberations and a proposal has been finalized before providing comment. George Murray, Edmonds, thanked Councilmember Wambolt for the work he has done on the proposal, Council President Wilson for the questions he has raised, and Ms. Buckshnis and Ms. Petso for their questions. He remarked the contract for fire service represented approximately 20 -30% of the City's budget. Consideration of the contract for fire service differed when it was for revenue purposes versus something the firefighters want. He suggested the Council contract with an outside, independent analyst to review the numbers, particularly assumptions such as fuel costs, the cost of department heads, and growth rates. He urged the Council not to rush into a contract. Diane Buckshnis, Edmonds, commented the City's website had been down and she had only recently received the information regarding this agenda item. She remarked citizens are still confused and according to the Firefighters Union lost revenue could be as much as $2.5 million. She requested the City provide accurate information regarding the amount of revenue that would be lost via contracting with Fire District 1. She pointed out this was not a valid public hearing as information regarding Option 4 had not been available to the public. Hearing no further comment, Mayor Haakenson closed the public hearing. 5. CITY COUNCIL DISCUSSION ON FIRE DISTRICT 1 CONTRACT OPTION 4 In response to comments made during the public hearing, Council President Wilson reported the Council took public comment regarding the Fire District 1 contract on September 15 and 22 and October 6 and 13; public hearings were held on October 20 and tonight; and another public hearing was scheduled for November 2. To Dr. Senderoff s comment that life gets in the way, Mayor Haakenson agreed people did not have time to attend Council meetings or make their wishes known to the Council and that was why they elected the Mayor and Councilmembers. Council President Wilson referred to Section 2.9 of the Interlocal Agreement regarding response time, recalling in the past the Edmonds Fire Department met six of the eleven standards. This section indicates if more than six of the standards are met, the City and Fire District 1 would meet to discuss how to pay for the difference. He asked whether Fire District 1 would increase the cost of the contract if response times improved so that eight of the eleven standards were met. Fire Chief Tom Tomberg answered no, Edmonds City Council Approved Minutes October 27, 2009 Page 3 anticipating the only way Fire District 1 would increase the cost would be if the City asked to add services such as another fire station or additional personnel. Mayor Haakenson pointed out this section also provided a process if Fire District 1's response times did not meet the City's expectations. Council President Wilson referred to Section 4.8, and asked why the Interlocal. Agreement still included the EMS transport fee language. Chief Tomberg answered the language was provided by the City Attorney. Fire District 1 will provide the EMS service, collect a transport fee and remit the fee to the City on a quarterly basis less the cost of collection. That process was the result of three opinions from the Office of the Inspector General that stated in order to collect Medicare, the cost must be collected by the provider of the service. He offered to email the Council the three opinions. Council President Wilson referred to Section 6.3, sale of the rolling stock, and asked if the City would be retaining any vehicles. Chief Tomberg answered the City would not retain any vehicles. Council President Wilson expressed appreciation for the addition of Section 8.2, a joint annual meeting. With that language, he was less concerned about also having an annual meeting with two Fire District 1 Commissioners and two Councilmembers. Mayor Haakenson suggested retaining the language and a decision could be made annually regarding whether a meeting was necessary. Council President Wilson referred to Section 11.1 regarding the first 5 years, questioning why the Interlocal Agreement did not allow the City to terminate the contract until 5 years had elapsed plus 2 years notice. Chief Tomberg answered this was modeled after the Mountlake Terrace and Brier contract. The reason for the 5 year period was the substantial investment made by Fire District 1. Council President Wilson questioned the reason for a 2 -year notice rather than 12 months. Chief Tomberg answered it would give both the Fire District 1 and the City an opportunity to ensure the termination occurred in an orderly manner. Council President Wilson preferred to change the notice from 2 years to 1 year, anticipating since the Council would complete this process by December, it could be unwound in less than 2 years. He suggested termination of the contract be allowed to occur in 3 years. Council President Wilson referred to Section 11. 5, Regional Fire Protection Service Authority, expressing concern that this section gave all the decision - making and policy - making authority to Fire District 1. He suggested the City retain the authority to enter into an RFA without Fire District 1 if they wished. Chief Tomberg explained the City Attorney and Fire District 1's attorney drafted this section. He recalled until fall 2008, the City was involved in RFA discussions with the south county service providers, a process that was led by Fire District 1. Mayor Haakenson explained this section allowed Edmonds to opt out of a RFA if Fire District 1 wanted to form a RFA and Edmonds did not want to join. He remarked realistically Edmonds would never be part of a RFA that did not include Fire District 1. Council President Wilson agreed with Mayor Haakenson's assumption regarding a RFA, commenting at some point he wanted to examine the concept of a Fire District comprised of Edmonds and Woodway or Edmonds, Woodway and Mountlake Terrace or reverse annexation into Fire District 1. He wanted to provide the Fire District 1 the same opportunity to opt out that was provided to the City in Section 11.5. The same was true for Sections 12.1 and 12.1.3 which provides the City the opportunity to opt out if the City declined to merge into a Fire District. He requested language be added that would allow Fire District 1 to opt out if they declined to merge into a Fire District or if they were opposed to the City annexing into Fire District 1. Councilmember Wambolt referred to Mr. Murray's comment about the City continuing to pay for department heads, explaining under the proposed contract, the Fire Chief, Assistant Fire Chief and the Executive Assistant would all transfer to Fire District 1. Edmonds City Council Approved Minutes October 27, 2009 Page 4 With regard to Mr. Hertrich's comments that Esperance and Woodway were not involved in the contract discussions, Councilmember Wambolt advised Woodway's Mayor Pro Tern attended the joint meeting between the Council and Fire District 1 Commissioners. He agreed it was likely Esperance and Woodway would experience a greater expense for fire service. He remarked a total of 12 different citizens spoke regarding the Fire District 1 contract, 27 times. Councilmember Wambolt commented the financial situation was very compelling. He agreed there needed to be some refinement such as suggested by Mr. Murray regarding fuel projections; however, that refinement would be very slight. He pointed out under Option 1 expenses through 2016 would exceed revenues by $21.1 million. Under Option 4, expenses through 2016 would exceed revenues by $12.4 million. Over that seven year period, the City would be $10.6 million better off under Option 4 than Option 1. He summarized contracting for fire service with Fire District 1 did not solve the City's financial problem; a levy lid lift would still be necessary. Mayor Haakenson referred to Ms. Buckshnis' comment that the Firefighters Union indicated there would be a $2.5 million loss by contracting with Fire District 1. Tim Hoover, President, Edmonds Firefighters Local 1828, responded he was not aware of that. Councilmember Bemheim commented he wanted to be certain he understood the basis for the Union's support: to stabilize public safety funding and staffing levels. He asked whether there had been a lack of stability in the actual funding levels of the Fire Department. Mr. Hoover answered there had been the threat of lack of funding every year. Last year through the work of the City Council as well as Fire Administration and the Union, the EMS levy was increased and transport fees were initiated which generated an additional $1.5 million. To date, the threat of insufficient funding has been circumvented by identifying additional revenue sources. Councilmember Bernheim acknowledged there had been threats but actual funding for the Fire Department had remained stead and stable. Mr. Hoover agreed it had but the Fire Department was included in discussion regarding across - the -board cuts every year. He pointed out the Fire Department's budget had been cut in the past including the loss of the Assistant Fire Chief five years ago. Councilmember Bernheim asked how this proposal accomplished regionalization and why regionalization was the best way to provide the highest level of service. Mr. Hoover answered savings were based on economies of scale by reducing overhead costs while maintaining levels of service. This was beneficial to citizens because instead of relying on automatic aid, assistance was provided by the neighboring fire station that was within the same organization. Councilmember Orvis requested page 545 of 1057 of last week's packet, Option 1 versus Option 4, also be available on the City's website. Councilmember Orvis commented after talking with Chief Tomberg as well as the Fire District 1 Chief, he learned Fire District 1 sends its firefighters for live fire training in North Bend on overtime. Because Edmonds cannot afford to pay overtime, when Edmonds firefighters go to North Bend, there is a hole in service in the City. Fire District 1 does a much better job providing coverage for firefighters attending training. Councilmember Peterson pointed out the required 2 year written notice in Section 11.2 could be beneficial to Edmonds. In the event Fire District 1 wanted to terminate the contract, Edmonds would need at least that much time to establish its own fire service. He summarized the 2 year written notice was beneficial to both the City and Fire District 1. He agreed with the 5 year termination clause in Section 11.1 in view of the significant outlay of resources by Fire District 1. He noted the 5 year period Edmonds City Council Approved Minutes October 27, 2009 Page 5 was also important for the firefighters who transferred to Fire District 1. He summarized the 5 year period was appropriate from both a contractual as well as a service aspect. Councilmember Plunkett asked Councilmember Orvis whether he envisioned the Council would vote on the contract at the November 2 meeting. Councilmember Orvis responded yes, explaining he crunched the numbers this weekend and was unable to find any flaws; contracting with Fire District 1 would save the City money in the long run. He did not anticipate terminating the contract unless Fire District 1 charged the City more than the City could provide the service itself which he did not envision would happen. He spoke in support of Option 4 and suggested the November 2 agenda include a public hearing as well as state that the Council may take action on Option 4. Councilmember Bernheim noted the contract was a 20 year term and the base rate could be renegotiated after 20 years. Mayor Haakenson agreed the base rate in 20 years would be different than the base rate today. The contract language states the contract would be negotiated identically as it was today. Councilmember Bernheim observed the base rate of $6.2 million was established for next year and each year it would be adjusted depending on the factors identified in the contract such as labor costs, equipment replacement, etc. Chief Tomberg advised the contract would be adjusted annually for CPI. Mayor Haakenson advised a larger increase would occur when labor contracts were negotiated. Councilmember Bernheim asked if all the potential cost increases were limited to CPI. Chief Tomberg advised that information was detailed in Section 4.5. Councilmember Bernheim summarized if the City retained its own Fire Department, in 25 years the City would be in charge of how much the fire service cost which was not necessarily true if the City contracted for fire service. Councilmember Bernheim remarked he was impressed with the competency, command, capacity and confidence of the Fire District 1 Commissioners. However, he was concerned with turning over the City's fire service to Fire District 1 when the citizens would not have an opportunity to vote for the Commissioners. Councilmember Bernheim asked if the contract addressed the new base rate when the contract expired in 20 years. Mayor Haakenson answered it did not. Councilmember Bernheim responded that was his primary reservation with this contract. He agreed the City's financial situation was dire and that the City budget would be easier over the next five years if the City contracted with Fire District 1. If citizens wanted to retain control of the Fire Department, they should expect to pay the full cost of the Fire Department. He favored placing a levy on the ballot to allow the voters to indicate whether they were willing to pay for services. He supported the levy and the Edmonds Fire Department but was hesitant to give up control of the Fire Department. Council President Wilson commented he had sufficiently vetted the service and financial questions but did not feel the public has had sufficient time to vet the financial questions. He was inclined to vote for the contract but was concerned 7 years was too long to obligate the City without any flexibility. He asked whether in 2002 Mayor Haakenson would have been in favor of obligating the City for 7 years. Mayor Haakenson answered he has been reviewing the contract proposal since April 2009 with the Fire Chief, two Finance Directors, the City Attorney, and 5 public hearings where 12 people have spoken 27 times. During that time he had not received any calls from citizens expressing concern with the contract. Also during that time he held a neighborhood meeting where the only person who raised the issue was a Lynnwood Fire Department employee who lives in the City. He has attended meetings where political questions were raised and no one has brought up the issue of the fire service contract with Fire District 1. The issue has been on the front page of both newspapers for months, on the City's website, and on Channel 21. He assured he would not have offered the contract to the Council if he did not believe in the Edmonds City Council Approved Minutes October 27, 2009 Page 6 contract terms, that there were financial savings, and that the citizens would be better served. Whether it was 2002 or 2009, the believed this was the right thing to do. Mayor Haakenson commented in 2002 he had no idea what would happen in the next 7 years, nor did he know what would happen in the next 7 or even 20 years. This contract would put the City in good stead for the next 2 -3 years although a levy would still be necessary. He concluded the 5 year termination clause protected the City as well as Fire District 1 due to the huge investment they were making in taking on the Edmonds Fire Department employees and equipment. If the Council preferred a 1 -year notice, that could be negotiated; however, he had no issue with the 2 -year period. If he were Mayor and the Council decided in 5 years to opt out of the contract, he would want as much time as possible to set up the City's Fire Department. Council President Wilson reiterated he felt 5 years plus a 2 -year notice was too long. Pointing out the Council would be completing the contact over the course of 2 months including the sale of the fire apparatus; he envisioned that could be reversed in 12 months. He anticipated it would be a totally different world in 5 years; the situation was much different today than it was in 2003. He acknowledged a termination clause of less than 5 years or a notice period of less than 2 years may be totally unacceptable to Fire District 1. He also planned to work with City Attorney Scott Snyder to develop opt out language in the contract for Fire District 1. Mayor Haakenson suggested Council President Wilson determine whether at least four Councilmembers agreed with having the City Attorney develop that language, noting the City Attorney's policy of not spending more than on hour on an issue unless at least four Councilmembers agreed. Council President Wilson assured his request would not consume more than one hour of the City Attorney's time. With regard to the 2 -year notice, Councilmember Peterson commented the formation of a RFA would be a lengthy process. If Edmonds wanted to form a RFA with Mountlake Terrace and Woodway, the 2 -year notice would be desirable and as beneficial to Edmonds. He cautioned the Council should not pursue a contract with the idea of getting out of it; if the concerns were that great, the City should not enter into the contract. Council President Wilson stated the 2 -year notice period was for any reason other than a RFA. Councilmember Wambolt commented there was no relationship between the term of the contract and the notice period. If it were a 3 -year contract, a 2 -year notice may still be desirable. He commented if the City wanted to terminate the agreement, planning could occur before notice was given; if Fire District 1 wanted to terminate the agreement, the entire 2 -year period may be necessary. He asked Chief Tomberg whether a Fire Department could be established in one year, noting the contract with Fire District 1 was able to be completed relatively quickly because all the staff were transferring to Fire District 1. If Fire District 1 terminated the contract, the employees may not necessarily transfer to the City and recruitment may be necessary. Chief Tomberg responded he was hopeful the City was not contracting for fire service in 20 years; he hoped a RFA would be formed in the near future. He commented although the discussion was about regionalization, the concern seemed to be Edmonds having its own Fire Department again. He relayed the Mukilteo Beacon reported last week that the offer Fire District 1 made to Mukilteo was not presented to the Mukilteo City Council. Mukilteo is watching Edmonds and may consider Fire District 1's offer. With regard to setting up a standalone Fire Department, he remarked the more time, the better. Councilmember Wambolt commented he had no issue with the 5 year termination clause in light of the significant investment Fire District 1 was making. With regard to the notice period, he commented a great deal would need to be accomplished in the event the contract was terminated. Council President Wilson explained his primary concern was 2 years following 5 years. He would accept even 2 years within the 5 years or ideally 2 years with 3 years. He pointed out the City had not done any Edmonds City Council Approved Minutes October 27, 2009 Page 7 planning with regard to the impacts of 1 -1033. If I -1033 passes, it will be even more difficult for future Council's to address the constraints of a 7 -year wait before the contract with Fire District 1 which comprises approximately 20% of the City's budget, could be terminated. He was concerned the Council had not discussed how it would effectively manage the budget in a post I -1033 world. Councilmember Wambolt commented the passage of I -1033 would require a levy lid lift. Council President Wilson pointed out all other City services, including police and parks, would be at greater risk if I -1033 passed, a levy failed and the Council did not have the ability to terminate the fire service contract for 7 years. Mayor Haakenson responded if I -1033 passed the Police Department and Fire Department would continue to be funded, parks may not. Further, fire service would cost the City $1 million less via contracting with Fire District 1 than the City having its own Fire Department. He commented if 1 -1033 passed and the City was in dire straits, the only option to reduce the cost of fire service would be to close a fire station or lay off firefighters. He suggested the Council deal with I -1033 if it passed, commenting it had no effect on the fire service contract. Council President Wilson clarified he was not suggesting that a fire station be closed or that firefighters be laid off. He was interested in exploring other options such as annexing into Fire District 1 or a standalone Fire District with Mountlake Terrace or Woodway. If the Council planned to pass the fire service contract next Monday with the outcome of 1 -1033 unknown, he preferred to have some flexibility with regard to termination of the contract. Mayor Haakenson responded he had no interest in forming a new Fire District today or if I -1033 passed because it was not a good thing for Edmonds citizens. Mountlake Terrace and Brier have a good contract with Fire District 1 and were not interested in forming a Fire District with Edmonds; they are interested in a RFA with Fire District 1. He summarized the City's future was with a RFA, not an Edmonds / Woodway or Edmonds /Mountlake Terrace Fire District. Councilmember Orvis commented he found the proposed language acceptable and viewed contracting for service with Fire District 1 as a more stable situation for the Fire Department. He did not envision addressing budget problems by reductions in the Fire Department under any circumstances. Councilmember Plunkett also found the proposed language acceptable, both the 5 -year termination clause as well as the 2 -year notice, noting those time periods provided stability and flexibility. He noted the contract did not restrict the City from taking action with regard to the formation of a RFA. If I -1033 passed, he would rather be in a contract for service with Fire District 1 than the City having its own Fire Department because it costs more for the City to operate its own Fire Department. He did not envision making cuts to the Fire Department even if I -1033 passed. Councilmember Wambolt agreed with Councilmember Plunkett, commenting the City was better off with a contract with Fire District 1 than on its own. COUNCIL PRESIDENT WILSON MOVED, IN SECTION 11.2 RELATED TO YEARS 6 THROUGH 20, TO CHANGE THE LANGUAGE TO READ, "EITHER PARTY MAY TERMINATE THIS AGREEMENT AFTER THE FIRST FOUR YEARS ... BY PROVIDING THE OTHER PARTY WITH ONE YEAR WRITTEN NOTICE ... ONCE FOUR YEARS HAVE ELAPSED AFTER THE COMMENCEMENT DATE." MOTION DIED FOR LACK OF A SECOND. Councilmember Bernheim questioned the language in Section 4.5. Chief Tomberg referred to Exhibit C in the binder where the costs were detailed. Mayor Haakenson pointed out the labor cost increase for 2010 was 2.14 %. Edmonds City Council Approved Minutes October 27, 2009 Page 8 Council President Wilson commented if Councilmembers were not interested in making any change to the contract, he would not propose alternate language. There were no changes requested by any Councilmember. Mayor Haakenson suggested any changes be discussed tonight to allow the public time for review. Councilmember Bemheim questioned whether the term of the contract should be lengthened. Mayor Haakenson agreed with Chief Tomberg that it was unlikely the contract for fire service would be in place in 20 years because of the likelihood that the City would be part of a RFA. Mayor Haakenson clarified Option 4 as presented in tonight's packet would be on the November 2 agenda for a public hearing and Council action. Council President Wilson asked for confirmation that it was the Council's policy decision that the sale of the assets would be placed in the General. Operating Fund. The Council agreed it was. 6. AUDIENCE COMMENTS Rich Senderoff, Edmonds, clarified he did not mean to suggest that he did not understand the value of a representative government or a representative democracy. He was only commenting on the public hearing process. From his perspective, there had been very good public comment that helped the Council reach this point and as long as the comments from the public were different and reasonable, they assisted with the process. His point was there was a difference between a public hearing and public comment while deliberations occurred. In his view, tonight was the first public hearing. Mayor Haakenson agreed life gets in the way; people are busy. Al Rutledge, Edmonds, commented on several subjects, 1) the Lake Ballinger situation is being addressed by the Lake Ballinger Forum, 2) the Friends of the Edmonds Library held their annual book sale last week, and 3) the Mukilteo Beacon reported Mukilteo's Mayor did not present the Fire District 1 contract proposal to the City Council. 7. COUNCIL REPORTS ON OUTSIDE COMMITTEE /BOARD MEETINGS. Council President Wilson reported the Lake Ballinger Forum met today and are considering the formation of an independent governing authority to address issues associated with Lake Ballinger. Councilmember Wambolt reported, the Port of Edmonds held their first public hearing on the draft 2010 operating budget at their October 12 meeting. The Port's interest income is down $200,000 from last year. Port staff requested a 2.8% pay increase which the Commissioners did not approve. The Commissioners also discussed moorage rates for 2010. At their October 26 meeting, Commissioners again discussed moorage rates and requested staff develop scenarios with 2 -5% increases in moorage rates. The Commission also reviewed their 3rd quarter operating results which indicated net operating income is down 4% year -to -date but the 3rd quarter is up 30% compared to last year. The Harbor Square Master Plan will be presented to the Commission at their November 16 meeting; the location of that meeting has yet to be determined. Councilmember Wambolt reported on the Community Technical Advisory Committee (CTAC), advising the Superior Court ruled that use of the City's excess capacity on the City's high speed fiber optic communication system by private individuals and non - governmental business and organizations that need access to ultra high band width communication is a lawful public purpose of the City. Edmonds City Council Approved Minutes October 27, 2009 Page 9 Councilmember Orvis reported the Health District was holding vaccination clinics on October 31. Additional information was available at SnoCoFlu.org or via the link on the City's website. He encouraged members of the high risk groups to be vaccinated. Councilmember Bernheim reminded the seasonal flu shot was available at Bartell Drugs as well as the Swine Flu shot for those who qualified. Councilmember Bernheim reported Community Transit was also experiencing a budget shortfall due to their dependence on sales tax revenue. They are considering imposing service and /or personnel cuts as part of their 2010 budget. Swift Bus service, express service from Aurora Village to the Everett Transit Center with stops along Hwy. 99 and service every 10 minutes, will begin in November. Councilmember Plunkett reported on the Downtown Parking Committee, relaying that downtown parking enforcement was improving. Because Edmonds no longer provides animal control in Mountlake Terrace, the number of parking tickets issued in September increased from 69 to 225. He explained the purpose of parking enforcement was to move people through downtown and to ensure parking was available for shoppers visiting downtown stores. Councilmember Peterson reported the Council's Economic Development Committee would be meeting later this week following the Economic Development Commission's meeting with the Planning Board. 8. MAYOR'S COMMENTS Mayor Haakenson reported next week's agenda will include an update from Community Transit on Bus Rapid Transit. He also reported a kick -off meeting for a common CAD system for SnoCom and SnoPac was held last week. Mayor Haakenson announced that the next Council meeting will be Monday, November 2 due to the election on November 3. 9. COUNCIL COMMENTS Council President Wilson reminded voters to mail their ballots by November 3. Councilmember Bernheim reported several weeks ago Planning Manager Rob Chave and he attended a meeting hosted by the Nissan Motor Company regarding their plans to release a large number of completely electric cars with a 100 mile range in the Pacific Northwest in December 2010. He advised Mr. Chave and he attended due to the possibility of fleet sales for the City. Councilmember Peterson referred to Item G on tonight's Consent Agenda, a proclamation in honor of Finding an End to Poverty Week, November 2 - 8, 2009. To bring attention to this worldwide issue, Edmonds United Methodist Church is sponsoring its 4t'' annual Poverty Conference, Brighter Futures for the Worlds Children, Education Conquers Poverty on Saturday, November 7. Councilmember Peterson reminded parents to bring their children trick -or- treating in downtown Edmonds from 5:00 - 7:00 p.m. on Halloween. 10. ADJOURN With no further business, the Council meeting was adjourned at 8:45 p.m. Edmonds City Council Approved Minutes October 27, 2009 Page 10