2010.12.14 CC Committee Meetings at 7 p.m. Agenda
AGENDA
EDMONDS CITY COUNCIL
COMMITTEE MEETINGS
Council Chambers, Public Safety Complex
250 5th Avenue North, Edmonds
DECEMBER 14, 2010
7:00 p.m.
The City Council Committee meetings are work sessions for the City Council and staff only. The meetings are open to the public but are not
public hearings. The Committees will meet in separate meeting rooms as indicated below.
1.Community/Development Services Committee
Meeting Room: Council Chambers
A. (5 Minutes)Authorization to advertise a Request for Qualifications to complete final design and right of way acquisition for the
228th Street SW Corridor Improvement Project.
B. (5 Minutes)Acceptance of project for Talbot Road/Perrinville Creek Improvement and Habitat Enhancement Project, Phase I.
C. (5 Minutes)Authorization for the Mayor to sign the Municipal Stormwater Capacity Grant Program Agreement between the State
of Washington Department of Ecology and the City of Edmonds for $178,115.
D. (5 Minutes)Authorization to advertise a Request for Qualifications to complete the design phase of the Main Street Decorative
Lighting and Sidewalk Enhancement Project.
E. (5 Minutes)Authorization for the Mayor to sign Addendum No. 3 to the Professional Services Agreement with Herrera
Environmental Consultants for design and permitting support for the Talbot Road/Perrinville Creek Drainage
Improvement Project (Phase II).
F. (5 Minutes)Ordinance amending Edmonds City Code (ECC) 8.64.060, updating parking provisions on Bell Street.
G. (10 Minutes)Discussion of possible amendment to ECC 1.03.030 regarding publication of adopted ordinances.
H. (10 Minutes)Sound Transit, City of Edmonds and Community Transit - Term Sheet.
2.Finance Committee
Meeting Room: Police Training Room
A. (10 Minutes)Monthly financial report.
B. (10 Minutes)Resolution establishing fees for the copying and transcription of public records.
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C. (15 Minutes)Review and approval of new health insurance plans.
D. (10 Minutes)Interlocal Agreement authorizing establishment of the Snohomish County Tourism Promotion Area.
E. (10 Minutes)Public Comments (3-minute limit per person)
3.Public Safety Committee
Meeting Room: Jury Meeting Room
A. (10 Minutes)Camping Ordinance.
B. (30 Minutes)EMS Transport Fees.
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AM-3502 Item #: 1. A.
City Council Committee Meetings
Date: 12/14/2010
Time:5 Minutes
Submitted For:Bertrand Hauss Submitted By:Megan Cruz
Department:Engineering
Committee:Community/Development Services Type:Action
Information
Subject Title
Authorization to advertise a Request for Qualifications to complete final design and right of way acquisition for the 228th
Street SW Corridor Improvement Project.
Recommendation from Mayor and Staff
Forward item to the consent agenda for approval at the December 21, 2010 Council meeting.
Previous Council Action
On August 7, 2007, Council authorized staff to advertise for Statements of Qualifications from Engineering Consultants to
complete the preliminary designs for the 228th Street SW Corridor Improvement project.
On March 18, 2008, Council approved a contract with HDR Engineering to complete the preliminary design phase.
Narrative
This project proposes to construct the missing link of roadway on 228th Street SW from State Route (SR) 99 to 76th Ave. W
and install two new traffic signals at the intersections of SR99/228th Street SW and 76th Ave. W/228th Street SW. New bike
lanes and sidewalks will also be added to both sides of 228th Street SW. This new east-west corridor will improve access to
the following regional transportation facilities:
1. Interstate 5 interchange at 236th Street SW
2. The recently expanded Mountlake Terrace Park-n-Ride
3. Future Freeway Station in the I-5 median at 236th Street SW
4. Future Sound Transit Light Rail Station
The project will also improve vehicle and pedestrian safety since the left turns from southbound SR99 to 76th Ave will be
relocated to a protected left turn at the new signal at SR99/228th and pedestrians will be able to cross SR99 at the signalized
intersection.
This project was a priority recommendation of the Highway 99 Traffic Safety and Circulation Study, approved by Council in
February 2007, and the 2009 Transporation Comprehensive Plan.
The preliminary designs were completed in 2008 for the project and a construction cost estimate was developed so
transportation grant funding could be pursued. In spring 2009, the City submitted a federal grant application for $536,000 to
fund final design and right of way acquisition. The City was awarded the grant earlier this year and it provides $307,000
for final design and $229,000 for right of way acquisition. A 13.5% local match is required and will be funded by motor
vehicle fuel tax revenue from the Street Construction Fund.
Approval of this item will allow staff to proceed with the selection of a consultant team to complete final design and right of
way acquisition on the project.
Form Review
Inbox Reviewed By Date
Engineering Robert English 12/08/2010 03:59 PM
Public Works Phil Williams 12/10/2010 09:00 AM
City Clerk Sandy Chase 12/10/2010 09:14 AM
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Mayor Mike Cooper 12/10/2010 09:22 AM
Final Approval Sandy Chase 12/10/2010 09:28 AM
Form Started By: Megan Cruz Started On: 11/02/2010 09:15 AM
Final Approval Date: 12/10/2010
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AM-3585 Item #: 1. B.
City Council Committee Meetings
Date: 12/14/2010
Time:5 Minutes
Submitted For:Ed Sibrel Submitted By:Megan Cruz
Department:Engineering
Committee:Community/Development Services Type:Action
Information
Subject Title
Acceptance of project for Talbot Road/Perrinville Creek Improvement and Habitat Enhancement Project, Phase I.
Recommendation from Mayor and Staff
Forward item to consent agenda for approval at the December 21, 2010 Council Meeting.
Previous Council Action
None.
Narrative
On August 25, 2010, the City received five construction bids for Phase I of the Talbot Road/Perrinville Creek Improvement
and Habitat Enhancement Project. RJ Lampers Construction Company was awarded the contract by providing a low bid of
$11,290.79 to complete the project.
The project included the following improvements:
1. Improve the operation of the existing diversion structures at 8229 Talbot Road by performing stream bed, stream channel,
and weir modifications to reduce the frequency of residential flooding.
2. Remove material from the stream bed at 8307 Talbot Road to allow free discharge of stormwater runoff from an existing
outfall during high flows to reduce the frequency of residential flooding.
During construction one change order was authorized to improve the quality of the stream diversion structure in the amount of
$2,403.33, raising the total contract cost to $13,694.12.
Physical completion of the project was achieved November 30, 2010.
Form Review
Inbox Reviewed By Date
Engineering Robert English 12/07/2010 07:39 PM
Public Works Phil Williams 12/10/2010 09:00 AM
City Clerk Sandy Chase 12/10/2010 09:14 AM
Mayor Mike Cooper 12/10/2010 09:22 AM
Final Approval Sandy Chase 12/10/2010 09:28 AM
Form Started By: Megan Cruz Started On: 12/07/2010 09:32 AM
Final Approval Date: 12/10/2010
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AM-3586 Item #: 1. C.
City Council Committee Meetings
Date: 12/14/2010
Time:5 Minutes
Submitted For:Jerry Shuster Submitted By:Megan Cruz
Department:Engineering
Committee:Community/Development Services Type:Action
Information
Subject Title
Authorization for the Mayor to sign the Municipal Stormwater Capacity Grant Program Agreement between the State of
Washington Department of Ecology and the City of Edmonds for $178,115.
Recommendation from Mayor and Staff
Forward item to the consent agenda for approval at the Decmeber 21, 2010 Council meeting.
Previous Council Action
None.
Narrative
The 2010 Washington State Legislature appropriated over $23 million to the Department of Ecology (Ecology) for local
governments; to be used in complying with Municipal Stormwater Permits. The funding targets stormwater management and
control by, building capacity, improving local stormwater programs, research, data management, and monitoring. In addition,
the program provides funds for local governments to plan, design, and implement stormwater retrofit or low-impact
development (LID) projects. Each jurisdiction subject to the Ecology’s Municipal Stormwater Permits receives a base amount
of $70,000 plus additional funding based on population. Using Ecology’s grant formula, Edmonds was awarded $178,115.
There is no City matching funds requirement for this grant.
The goal of this grant is the improved stormwater management and water quality protection through implementation of a
stormwater management program. The grant-eligible activities include Municipal Stormwater Permit compliance activities and
planning, design, and construction of a LID stormwater project. The City plans on using the grant money in both of these
broad areas.
The City plans on using approximately 44% of the grant on the following compliance activities that have been approved by
Ecology:
Primary Municipal Permit Requirement Compliance Activity
Public Education A onetime utility bill insert, providing information of the connection
between the storm drain on the street and water quality in Puget
Sound/Lake Ballinger.
Controlling Runoff from Development,
Redevelopment, and Construction Sites
Assistance with developing client handouts promoting the use of LID
stormwater control measures.
Illicit Discharge Detection and Elimination (IDDE)
Program
Assistance in conducting outfall inspections, IDDE program plan, and
completion of storm system mapping.
Maintenance of Municipal Storm System Root cutter and inspection camera to help maintain stormwater quality
facilities.
Monitoring Assistance in developing a stormwater monitoring approach for the next
municipal permit cycle (currently scheduled to begin February 2012)
The remaining portion of the grant (approximately $100,000) will be used in the planning, design, construction, and
construction management of the LID of the Shell Valley Emergency Access Road project in 2011. This project includes a new
fire access road made from permeable pavement that is adjacent to a wetland. This road is needed for fire safety; the design will
mitigate the water quality impacts of the road on stormwater that flows to an existing (impacted) wetland and restore the
wetland. This project includes approximately 5,265 square feet of permeable pavement. The area is a popular walking path.
Interpretive signs would be added to explain the virtues of permeable pavement and encourage private parties to use it, where
feasible.
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The effective date of the grant agreement is July 1, 2010, and the agreement expires on June 30, 2012.
The grant agreement (Attachment 1) has been reviewed and approved as to form by the City Attorney. This Committee
meeting and the subsequent full Council meeting serve as the public notice for this grant agreement.
Fiscal Impact:
This grant will add $78,115 to the 411 Fund (Stormwater Operations portion) and $100,000 to the 412.200 capital fund. These
funds will be expended as described above.
Attachments
Attachment 1-Ecology Grant
Form Review
Inbox Reviewed By Date
Engineering Robert English 12/08/2010 03:10 PM
Public Works Phil Williams 12/10/2010 09:00 AM
City Clerk Sandy Chase 12/10/2010 09:14 AM
Mayor Mike Cooper 12/10/2010 09:22 AM
Final Approval Sandy Chase 12/10/2010 09:28 AM
Form Started By: Megan Cruz Started On: 12/07/2010 10:22 AM
Final Approval Date: 12/10/2010
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AM-3588 Item #: 1. D.
City Council Committee Meetings
Date: 12/14/2010
Time:5 Minutes
Submitted For:Bertrand Hauss Submitted By:Megan Cruz
Department:Engineering
Committee:Community/Development Services Type:Action
Information
Subject Title
Authorization to advertise a Request for Qualifications to complete the design phase of the Main Street Decorative Lighting
and Sidewalk Enhancement Project.
Recommendation from Mayor and Staff
Forward item to the consent agenda for approval at the December 21, 2010 Council meeting.
Previous Council Action
None.
Narrative
The City was successful in securing a $725,000 federal grant to add historic decorative street lighting and replace sidewalks,
curb and gutter on Main Street between 5th and 6th Avenues. The project will install 11 new light poles and 4 decorative
poles with artist made elements. Planter baskets will be hung from the new poles during the summer months. The new
sidewalk will improve pedestrian safety by replacing sidewalk that has been displaced by existing street trees along the
corridor. Staff will recommend the removal of the existing street trees within the project limits since the trees are damaging
the surrounding infrastructure and will continue to cause damage in the future, if they are not removed. New street trees with
root barriers will be installed to reduce root damage in the future.
Staff is currently pursuing additional work items to increase the scope of improvements within this corridor to enhance the
project. The options include the addition of street furniture, a mid-block pedestrian crossing, fiber optic service, conversion of
overhead power to underground and use of low impact stormwater devices and materials. Additional funding would be
required for these improvements and staff recently met with several state legislators to inform them about the project.
The scope of services for the design contract will include the completion of the plans, specifications, environmental
documentation, and cost estimate in order to advertise for construction bids. The design and environmental phases are
scheduled for 2011 and construction is planned in 2012.
Form Review
Inbox Reviewed By Date
Engineering Robert English 12/08/2010 05:44 PM
Public Works Phil Williams 12/10/2010 09:00 AM
City Clerk Sandy Chase 12/10/2010 09:14 AM
Mayor Mike Cooper 12/10/2010 09:22 AM
Final Approval Sandy Chase 12/10/2010 09:28 AM
Form Started By: Megan Cruz Started On: 12/07/2010 02:05 PM
Final Approval Date: 12/10/2010
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AM-3593 Item #: 1. E.
City Council Committee Meetings
Date: 12/14/2010
Time:5 Minutes
Submitted For:Jerry Shuster Submitted By:Megan Cruz
Department:Engineering
Committee:Community/Development Services Type:Action
Information
Subject Title
Authorization for the Mayor to sign Addendum No. 3 to the Professional Services Agreement with Herrera Environmental
Consultants for design and permitting support for the Talbot Road/Perrinville Creek Drainage Improvement Project (Phase II).
Recommendation from Mayor and Staff
Forward item to the consent agenda for approval at the December 21, 2010 Council meeting.
Previous Council Action
On February 17, 2009, City Council approved the Professional Services Agreement with Herrera Environmental for the design
and permitting of this project.
Narrative
This project will address frequent flooding of residential property on Talbot Road near Perrinville Creek. There is a
City-owned drainage conveyance pipe that runs through private property and discharges into Perrinville Creek. During periods
of high stream flow, the level of the water in the Creek is higher than the outlet of the drainage pipe causing flooding of
residential property adjacent to Talbot Road. This project will result in plans, specifications, costs estimates, and a permitting
strategy to address the frequent flooding issue.
The original schedule for this project called for construction in the summer 2010. The scope of this project required the
following permits and agreements:
• City of Edmonds
o State Environmental Policy Act (SEPA) Determination
o Critical Areas Report and Mitigation Plan
o Shoreline Substantial Development Permit (including a Hearing Examiner review)
• Washington Department of Ecology
o SEPA Review
o Water Quality Certification
• Washington Department of Fish and Wildlife
o Joint Aquatic Resource Permit Application (JARPA) to get a Hydraulic Project Approval (HPA) permit
• US Army Corps of Engineers
o JARPA to get a permit for aquatic habitat restoration, establishment, and Enhancement activities and a
second permit for utility line activities associated with jurisdictional wetlands
• BNSF Railway Company
o Temporary Occupancy Permits
• Private Resident Utility Easements
o 8229 Talbot Rd
o 8307 Talbot Rd
Obtaining the permits and agreements took longer than expected primarily due to a delay in obtaining the Army Corps permits.
The design could not be completed prior to the summer work window*. To complete a portion of the work in 2010, the project
was broken up into two phases. The remaining budget of the current agreement was used to complete the design of Phase I,
which was constructed within the 2010 work window.
This amendment is to complete the design of Phase II that currently stands at 70% and provide assistance during the bidding
and construction portions of the project. The tasks for this amendment are:
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• Wetland Mitigation and Riparian Buffer Planting Plan
• Final Design of Storm Drainage and Creek Improvements
• Construction Contract Bidding Assistance
• Construction Support
City staff will work to get the remaining easement agreement from 8207 Talbot Rd. and the BNSF permit for Phase II in time
to complete the project in 2011.
Fiscal Impact:
The proposed 2011 Budget for the 412.200 Utility Fund includes $522,000 for Talbot Road/Perrinville Creek Drainage
Improvement and Habitat Enhancement Project. This dollar amount includes the Phase II design costs. Staff and the consultant
have agreed on a scope of services and budget for the amendment (Attachment 1). The negotiated fee for the professional
services agreement has a base value of $35,299 with two optional tasks totaling $10,109 and a not-to-exceed amount of
$45,408.
The optional tasks include construction contract bidding assistance (Task 12) and construction support (Task 13). Task 12 will
only be exercised if the bidding process requires additional technical clarification the City Staff is unable to provide. Task 13
will be exercised if field changes to the design are needed based on unforeseen conditions.
* Work in Perrinville Creek can only occur from July 1 to Sept 30 to protect fish populations.
Attachments
Attachment 1 - Agreement
Form Review
Inbox Reviewed By Date
Engineering Megan Cruz 12/09/2010 11:31 AM
Public Works Phil Williams 12/10/2010 09:00 AM
City Clerk Sandy Chase 12/10/2010 09:14 AM
Mayor Mike Cooper 12/10/2010 09:23 AM
Final Approval Sandy Chase 12/10/2010 09:28 AM
Form Started By: Megan Cruz Started On: 12/08/2010 03:56 PM
Final Approval Date: 12/10/2010
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AM-3589 Item #: 1. F.
City Council Committee Meetings
Date: 12/14/2010
Time:5 Minutes
Submitted For:Bertrand Hauss Submitted By:Megan Cruz
Department:Engineering
Committee:Community/Development Services Type:Action
Information
Subject Title
Ordinance amending Edmonds City Code (ECC) 8.64.060, updating parking provisions on Bell Street.
Recommendation from Mayor and Staff
Forward the item to the consent agenda for approval at the December 21, 2010 Council meeting.
Previous Council Action
On November 5th, 2007, Council authorized the Mayor to sign Ordinance 3667.
Narrative
In November 2007, the Parking Committee recommended that a 3-hour parking regulation on both sides of Bell Street be
established from Sunset Avenue to 190’ west of 6th Avenue; at which time Ordinance 3667 was adopted (Subsection A(1) of
ECC 8.64.060).
Upon field review, the distance of 190’ needs to be revised to 250’ in order for the regulation limits to extend to the start of the
parallel stalls instead of within the parallel stalls. This change will reduce driver confusion and provide clear boundaries for
enforcement.
Attachments
Attachment 1-Parking Ordinance
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 12/09/2010 09:19 AM
Engineering Robert English 12/09/2010 10:20 AM
Engineering Robert English 12/09/2010 10:23 AM
Public Works Phil Williams 12/10/2010 09:00 AM
Mayor Mike Cooper 12/10/2010 09:22 AM
Final Approval Sandy Chase 12/10/2010 09:28 AM
Form Started By: Megan Cruz Started On: 12/07/2010 03:01 PM
Final Approval Date: 12/10/2010
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{BFP708555.DOC;1/00006.900000/} - 1 -
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, AMENDING THE PROVISIONS OF ECC
8.64.060 UPDATING PARKING PROVISIONS IN THE
DOWNTOWN EDMONDS AREA; PROVIDING FOR
SEVERABILITY; AND SETTING AN EFFECTIVE DATE.
WHEREAS, the City of Edmonds offers on-street parking stalls on certain
portions of its public right-of-ways for limited periods of time; and
WHEREAS, upon field review, Subsection A(1) of ECC 8.64.060 (Ordinance
3667 / adopted on November 5th
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOW:
, 2007) needs to be revised to reduce driver confusion, NOW,
THEREFORE,
Section 1. Subsection A of the ECC 8.64.060 – Parking limited on certain streets
8.64.060 Schedule VI – Parking limited on certain streets.
is hereby amended to read as follows:
A. In accordance with ECC 8.48.160 and when signs are erected
giving notice thereof, no person shall park a vehicle for a period of
time longer than three hours between the hours of 12:00 midnight
and 6:00 p.m. of any day except Sundays and public holidays,
within the district or upon any of the streets as follows:
1. Both sides of Bell Street from Sunset Avenue North to 250 feet west of Sixth
Avenue North;
2. Both sides of Daley Street from Third Avenue North to Sixth Avenue North;
3. Both sides of Main Street from Sunset Avenue to Sixth Avenue;
4. Both sides of James Street from Sunset Avenue to Third Avenue South;
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{BFP708555.DOC;1/00006.900000/} - 2 -
5. Both sides of Dayton Street from Sunset Avenue (State Route 104) to Sixth
Avenue South;
6. Both sides of Second Avenue from Alder Street to Caspers Street;
7. West side of Railroad Avenue from Dayton Street to Main Street;
8. Both sides of Third Avenue North from its intersection with Dayton Street to
the 600 block of Third Avenue North;
9. Both sides of Fourth Avenue from Dayton Street to Daley Street;
10. Both sides of Fifth Avenue from Howell Way to Edmonds Street;
11. Both sides of Maple Street from Fifth Avenue South to 120 feet east of Fifth
Avenue South;
12. Both sides of Alder Street from Fifth Avenue South to 120 feet east of Fifth
Avenue South;
13. Both sides of Edmonds Street from Sunset Avenue to Fifth Avenue North;
14. West side of Sunset Avenue from Bell Street to Edmonds Street;
15. Both sides of Sunset Avenue from Main Street to Bell Street;
16. North side of Caspers Street from Sunset Avenue to Third Avenue North;
17. East side of Railroad Street from James Street to Main Street;
18. South side of James Street from Railroad Street to Sunset Avenue (State
Route 104);
19. Both sides of Third Avenue South, from Dayton Street to Walnut Street;
20. Both sides of Fourth Avenue South, from Dayton Street to 120 feet south of
Walnut Street;
21. The east side of Third Avenue North from Edmonds Street to Daley Street;
22. The south side of Daley Street from Third Avenue North to the alley between
Third Avenue North and Fourth Avenue North;
23. The west side of Sixth Avenue from Dayton Street to Bell Street;
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{BFP708555.DOC;1/00006.900000/} - 3 -
24. The east side of Sixth Avenue from Dayton Street to the alley between Main
Street and Bell Street;
25. Both sides of Main Street from Sixth Avenue to 120 feet east of Sixth
Avenue;
26. The north side of Dayton Street from Sixth Avenue North to 120 feet east of
Sixth Avenue South;
27. Both sides of Walnut Street from Third Avenue South to 120 feet east of Fifth
Avenue South;
28. The north side of Howell Way from 300 feet west of Fifth Avenue South to
Fifth Avenue South;
29. The south side of Howell Way from 120 feet west of Fifth Avenue South to
Fifth Avenue South;
30. The west side of Fifth Avenue South from Howell Way to Erben Drive;
31. Both sides of Second Avenue South from Dayton Street to its dead end,
located south of Alder Street;
32. Both sides of Alder Street between its intersection with Second Avenue South
and Third Avenue South; and
33. Both sides of Sprague Street from Edmonds Street to Sixth Avenue North.
Section 2. Severability
Section 3.
. If any section, sentence, clause or phrase of this
ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other
section, sentence, clause or phrase of this ordinance.
Effective Date. This ordinance, being an exercise of a power
specifically delegated to the City legislative body, is not subject to referendum, and shall take
effect five (5) days after passage and publication of an approved summary thereof consisting of
the title.
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{BFP708555.DOC;1/00006.900000/} - 4 -
APPROVED:
MAYOR MIKE COOPER
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
APPROVED AS TO FORM:
OFFICE OF THE CITY ATTORNEY:
BY
W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
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AM-3600 Item #: 1. G.
City Council Committee Meetings
Date: 12/14/2010
Time:10 Minutes
Submitted For:Councilwoman Petso Submitted By:Jana Spellman
Department:City Council
Committee:Community/Development Services Type:Information
Information
Subject Title
Discussion of possible amendment to ECC 1.03.030 regarding publication of adopted ordinances.
Recommendation from Mayor and Staff
None
Previous Council Action
None
Narrative
To minimize any problems that could arise from delay in publication of an adopted ordinance, the following language is
suggested to be added to ECC 1.03.030 (attached).
In the event an ordinance is not published within 10 days of adoption, each Councilmember shall be advised of the failure to
publish, and a discussion of the failure to publish shall be scheduled for the next regular Council meeting.
Attachments
ECC Chap 1.03 - 1.03.030 Publication – Effective date of ordinance
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 12/09/2010 02:54 PM
Mayor Mike Cooper 12/09/2010 03:34 PM
Final Approval Sandy Chase 12/09/2010 03:43 PM
Form Started By: Jana Spellman Started On: 12/09/2010 10:37 AM
Final Approval Date: 12/09/2010
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Chapter 1.03
POSTING AND PUBLICATION OF ORDINANCES AND NOTICES
Sections:
1.03.010 Designation of official newspaper.
1.03.020 Posting of notices.
1.03.030 Publication – Effective date of ordinances.
1.03.040 Affidavit of publication.
1.03.010 Designation of official newspaper.
The Everett Herald is hereby designated as the city's official newspaper for the purpose of publishing ordinances and
notices required by law to be published. [Ord. 2511, 1985].
1.03.020 Posting of notices.
Where allowed by law, the posting of notices required to be posted by any provision of this code or any applicable state
law shall be at the following three public places, all of which are hereby designated as the official posting places for city
notices:
A. Public bulletin board in the Edmonds Civic Center, 250 Fifth Avenue North, Edmonds, Washington, 98020;
B. Public bulletin board in the Edmonds Public Library, 650 Main Street, Edmonds, Washington, 98020; and
C. Public bulletin board, Edmonds branch of the United States Post Office, 201 Main Street, Edmonds, Washington,
98020. [Ord. 2511, 1985; Ord. 2448, 1984].
1.03.030 Publication – Effective date of ordinances.
Promptly after adoption, every ordinance of the city of Edmonds shall be published at least in the official newspaper of the
city; provided, that the city reserves the right to publish ordinance summaries as authorized by law. The effective date of
ordinances published pursuant to this section shall be five days after the date of publication, unless otherwise provided by
statute, except that an ordinance passed by a majority plus one of the whole membership of the city council, designated
therein as a public emergency ordinance necessary for the protection of the public health, public safety, public property or
the public peace, may be made effective upon adoption, but such ordinance may not levy taxes, grant, renew or extend a
franchise or authorize the borrowing of money. [Ord. 2511, 1985].
1.03.040 Affidavit of publication.
The city clerk shall obtain from the official newspaper an affidavit of publication for each ordinance or notice required to be
published therein, which affidavit shall state the date of publication. The affidavit of publication shall be attached to the
ordinance and filed for record in the official ordinance book. The date of publication of the ordinance shall be set forth at
the foot of the ordinance following the indicated date of passage by the city council. [Ord. 2511, 1985].
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AM-3601 Item #: 1. H.
City Council Committee Meetings
Date: 12/14/2010
Time:10 Minutes
Submitted By:Stephen Clifton
Department:Community Services
Review
Committee:
Community/Development Services Committee
Action:
Type:Action
Information
Subject Title
Sound Transit, City of Edmonds and Community Transit - Term Sheet.
Recommendation from Mayor and Staff
Authorize Mayor Cooper to sign Term Sheet on behalf of the City of Edmonds.
Previous Council Action
April 30, 2002 - The Edmonds City Council reviewed plans approved by the Architectural Design Board on April 17, 2002.
February 24, 2009 - The Edmonds City Council concurred with City Administration's recommendation that Sound Transit
work with stakeholders, e.g., City of Edmonds, Community Transit and WSDOT, etc., to implement the Sound Transit
Edmonds Station Plan approved by the City's Architectural Design Board and reviewed by the City Council in 2002.
January 5, 2010 - The Edmonds City Council approved a Development Agreement for Edmonds Commuter Rail Station
Between The City of Edmonds, Washington, and Sound Transit, and an Interlocal Agreement between Sound Transit and the
City of Edmonds.
Narrative
Section 3.2 of the Interlocal Agreement Between Sound Transit and the City of Edmonds, which was approved by the City
Council on January 5, 2010, calls for Sound Transit owning, operating and/or maintaining all facilities associated with the
Edmonds Commuter Rail Station, which includes a Community Transit Bus Station. ("Transit Center") Although Sound
Transit is financing the construction of the Edmonds Commuter Rail Station, Sound Transit and Community Transit have
negotiated to have Community Transit assume the ownership and maintenance responsibilities of the Community Transit
"Transit Center" portion of the commuter rail station project.
Attached is a Term Sheet agreed to by Sound Transit and Community Transit. The purpose of the Term Sheet is to define the
roles and responsibilities of Sound Transit, the City of Edmonds and Community Transit with respect to the long-term
operation, use, ownership and maintenance of the "Transit Center"portion of the Edmonds Commuter Rail Station project.
The Term Sheet will provide a framework for completion of agreements which would describe the final commitment, terms
and conditions between the parties that would be subject to approval by the Sound Transit Board, City Council, and
Community Transit Board.
Page 1 of the attached Term Sheet defines specifically what constitutes the "Transit Center" portion of the Edmonds
Commuter Rail Station. The Term Sheet, if approved by the City of Edmonds, Sound Transit and Community Transit, would
lay the foundation for preparation of an Interlocal Agreement that would define the commitments and responsibilities as
outlined on pages 2 and 3 of the attached Term Sheet. If approved, Sound Transit would complete the design and construction
of the Edmonds Commuter Rail Station, and transfer the Transit Center improvements and applicable warranties to
Community Transit. The City of Edmonds would prepare an initial draft of a three party agreement, and grant Community
Transit a non-exclusive use of portions of the City right-of-way (the City granted Sound Transit this same provision within the
attached Interlocal Agreement approved on January 5, 2010). Lastly, Community Transit would accept transfer of the Transit
Center improvements from Sound Transit in addition to owning, operating and maintaining the Transit Center at its own cost.
NOTE: The attached Term Sheet has been approved and signed by Community Transit.
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Attachments
Attachment 1 - Term Sheet
Attachment 2 - Interlocal Agreement
Attchment 3 - Development Agreement
Attachment 4 - Enlarged Site Plan
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 12/10/2010 08:52 AM
Mayor Mike Cooper 12/10/2010 09:23 AM
Final Approval Sandy Chase 12/10/2010 09:28 AM
Form Started By: Stephen Clifton Started On: 12/09/2010 02:47 PM
Final Approval Date: 12/10/2010
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AM-3605 Item #: 2. A.
City Council Committee Meetings
Date: 12/14/2010
Time:10 Minutes
Submitted By:Lorenzo Hines
Department:Finance
Committee:Finance Type:Information
Information
Subject Title
Monthly financial report.
Recommendation from Mayor and Staff
None
Previous Council Action
None
Narrative
General Fund Overview – November 2010
Due to workload priorities related to the 2011 City Budget, the November GF report will be released to the public and the
Finance Committee toward the end of December 2010.
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 12/10/2010 10:59 AM
Finance Lorenzo Hines 12/10/2010 11:04 AM
City Clerk Sandy Chase 12/10/2010 11:33 AM
Mayor Mike Cooper 12/10/2010 11:57 AM
Final Approval Sandy Chase 12/10/2010 11:58 AM
Form Started By: Lorenzo Hines Started On: 12/10/2010
Final Approval Date: 12/10/2010
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AM-3597 Item #: 2. B.
City Council Committee Meetings
Date: 12/14/2010
Time:10 Minutes
Submitted By:Sandy Chase
Department:City Clerk's Office
Committee:Finance Type:Action
Information
Subject Title
Resolution establishing fees for the copying and transcription of public records.
Recommendation from Mayor and Staff
It is recommended that the Finance Committee approve the resolution to be placed on the December 21, 2010 City Council
Consent Agenda.
Previous Council Action
The City Council approved Resolution 1154 establishing fees on October 16, 2007.
Narrative
Edmonds City Code Section 1.20.040 requires the City Clerk to set fees and charges for the provision of photocopies and
transcription of public records. The attached resolution updates the previously adopted resolution which was approved October
16, 2007.
RCW 42.56.120 permits agencies such as cities to impose a reasonable charge for providing photocopies of public records so
long as the charge shall not exceed Fifteen Cents per page. If it is determined that staff salaries, benefits, or overhead charges
would cause the per copy charge to be higher than Fifteen Cents per page, a statement detailing the actual cost will be
prepared. The statement will include the factors and manner used to determine the actual per page copying cost or other
allowable costs.
Each department has reviewed and recommended the charges and fees that are included in the resolution. In addition, the City
Attorney's Office has reviewed the charges and fees for compliance with RCW requirements.
Attachments
2010 Fee Resolution
Fee Resolution Exhibit A
RCW 42.56.120
Form Review
Inbox Reviewed By Date
Mayor Mike Cooper 12/09/2010 02:35 PM
Final Approval Sandy Chase 12/09/2010 02:55 PM
Form Started By: Sandy Chase Started On: 12/09/2010 09:57 AM
Final Approval Date: 12/09/2010
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{ASB824293.DOC;1\00006.900000\ }
-1-
RESOLUTION NO. ____
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF EDMONDS, WASHINGTON, REPEALING
RESOLUTION NO. 1154 AND ESTABLISHING NEW
FEES FOR THE COPYING AND TRANSCRIPTION OF
PUBLIC RECORDS
WHEREAS, section 1.20.040 of the Edmonds City Code provides that
fees for copying public records shall be established by the City Clerk and approved by
resolution of the City Council; and
WHEREAS, RCW 42.56.120 permits agencies such as cities to impose a
reasonable charge for providing photocopies of public records so long as the charge shall
not exceed Fifteen Cents ($0.15) per page, subject to certain exceptions; and
WHEREAS, the City Clerk has established a schedule of fees for copying,
reproducing and transcription of public records; now, therefore,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON,
HEREBY RESOLVES AS FOLLOWS:
Section 1. Resolution No. 1154 and the fee schedule adopted thereby, is
repealed.
Section 2. The “Public Records Fee Schedule,” attached as Exhibit A
hereto and incorporated herein by this reference, is hereby adopted as the official
schedule of fees for copying, reproducing, and transcription of public records for the City
of Edmonds.
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{ASB824293.DOC;1\00006.900000\ }
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RESOLVED this ____ day of ______________, 2010.
APPROVED:
______________________________
MAYOR, MIKE COOPER
ATTEST/AUTHENTICATED:
_______________________________
CITY CLERK, SANDRA S. CHASE
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
RESOLUTION NO. ____
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EXHIBIT “A”
CITY OF EDMONDS
PUBLIC RECORDS FEE SCHEDULE
Updates to this fee schedule will be made as new documents become available. Any
records not identified in this index will be charged on a cost basis.
Document Description
Department
Fee
Copies, standard or legal size All Departments 15¢ per page
(first 5 pages free)
Electronic copies (pdf) e-mailed All Departments No charge
Electronic copies (pdf) on CD All Departments Cost of the CD
(no charge for pdf
document).
Business license list City Clerk $5.00 per report
Certification charge (blanket) City Clerk $5.00/blanket
Certification charge City Clerk $5.00 per page
Transcriptions City Clerk $25.00 minimum
per hour labor
Citizen/immigration letters Mayor No charge
Cemetery Deeds Parks & Recreation 1 free copy
Land Use Files
Land use files relating to subdivisions,
Conditional Use Permits, variances, etc.
Planning Cost per copy
(See Note 2)
Code Books
Community Development Code Book Code Publishing Co. $75.00 plus tax
City Code Book Code Publishing Co. $70.00 plus tax
Comprehensive Plans
City Comprehensive Plan Planning See Notes 1 and 2
Comprehensive Park, Recreation & Open
Space Plan
Parks & Recreation See Notes 1 and 2
Pine Ridge Park Master Plan Parks & Recreation See Notes 1 and 2
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Bikeway/Walkway Plan Engineering See Notes 1 and 2
Water, Sewer, Stormwater or
Transportation Comprehensive Plan
Engineering See Notes 1 and 2
Stormwater basin studies Engineering See Notes 1 and 2
Maps
Aerial Engineering See Notes 1 and 2
Aerial base map including overlays Engineering See Notes 1 and 2
Aerial, reproducible (Mylar) Engineering See Notes 1 and 2
Miscellaneous maps (includes plat maps,
as-built prints and quarter section maps)
Planning &
Engineering
See Notes 1 and 2
Customized electronic maps Planning See Note 3
Construction Plans
Construction plans Building, Planning,
Engineering
$5.00 per sheet
Electronic construction plans (pdf) sent
via email (maximum of 3 plans sheets)
Building, Planning,
Engineering
No charge
Electronic construction plans (pdf) on CD Building, Planning,
Engineering
Cost of CD
(no charge for pdf
documents)
Reports, Misc.
Traffic collision reports or Investigation
reports
Police $3.00 per report up
to 10 pages.
15¢ for each
additional page.
Incident Reports Fire 15¢ for each page
Incident photographs and CDs Fire Reimburse actual
cost
Photographs (4” x 6” size) Police $1.00 per print
Photographs (larger size) Police Reimburse actual
cost
Fingerprint cards Police $5.00 each
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Budget & Financial Reports
Annual Budget Book Finance $15.00
Comprehensive Annual Financial Report Finance $10.00
Audio/Video Recordings
Public meeting audio recordings City Clerk $10.00 for audio
duplication, per
hour minimum of
equipment use,
plus materials
Municipal Court proceedings audio
recordings
Municipal Court $10.00 for audio
duplication, per
hour minimum of
equipment use,
plus materials
City Council Meetings video recordings Council Office $10.00 for video
duplication per
hour minimum of
equipment use,
plus materials
NOTES:
Note 1: Documents are available for review. Copies may be obtained at the per
page cost.
Note 2: If it is determined that staff salaries, benefits, or overhead charges would
cause the per copy charge to be higher than 15¢ per page, a statement
detailing the actual cost will be prepared. The statement will include the
factors and manner used to determine the actual per page copying cost
or other allowable costs (per RCW 42.56.120).
Note 3: The city may provide customized electronic maps in response to a
request and charge a fee for the customization.
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RCW 42.56.120
Charges for copying.
No fee shall be charged for the inspection of public records. No fee shall be charged for locating
public documents and making them available for copying. A reasonable charge may be imposed
for providing copies of public records and for the use by any person of agency equipment or
equipment of the office of the secretary of the senate or the office of the chief clerk of the house
of representatives to copy public records, which charges shall not exceed the amount necessary
to reimburse the agency, the office of the secretary of the senate, or the office of the chief clerk
of the house of representatives for its actual costs directly incident to such copying. Agency
charges for photocopies shall be imposed in accordance with the actual per page cost or other
costs established and published by the agency. In no event may an agency charge a per page cost
greater than the actual per page cost as established and published by the agency. To the extent
the agency has not determined the actual per page cost for photocopies of public records, the
agency may not charge in excess of fifteen cents per page. An agency may require a deposit in an
amount not to exceed ten percent of the estimated cost of providing copies for a request. If an
agency makes a request available on a partial or installment basis, the agency may charge for
each part of the request as it is provided. If an installment of a records request is not claimed or
reviewed, the agency is not obligated to fulfill the balance of the request.
[2005 c 483 § 2. Prior: 1995 c 397 § 14; 1995 c 341 § 2; 1973 c 1 § 30 (Initiative Measure No. 276, approved
November 7, 1972). Formerly RCW 42.17.300.]
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AM-3594 Item #: 2. C.
City Council Committee Meetings
Date: 12/14/2010
Time:15 Minutes
Submitted By:Debi Humann
Department:Human Resources
Committee:Finance Type:Action
Information
Subject Title
Review and approval of new health insurance plans.
Recommendation from Mayor and Staff
Staff respectfully requests Finance Committee review and approval of the recommendations of the Health Benefits Committee
regarding the selection of two new health insurance plans. Staff further requests that the Finance Committee recommend that
this information move forward to full Council for review.
Previous Council Action
The progress of the Health Benefits Committee has been brought before the Finance Committee on several occasions; the last
time being October 12, 2010. At the October 12 meeting, staff updated the Finance Committee and advised that, following the
final recommendation from the Health Benefits Committee, that the recommendation would be brought to them for review.
The attachments reflect that recommendation.
Narrative
Please refer to the attached memo for the narrative related to this agenda item.
Attachments
Memo and plan documents
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 12/09/2010 08:54 AM
Mayor Mike Cooper 12/09/2010 02:35 PM
Final Approval Sandy Chase 12/09/2010 02:55 PM
Form Started By: Debi Humann Started On: 12/08/2010 08:18 PM
Final Approval Date: 12/09/2010
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AM-3592 Item #: 2. D.
City Council Committee Meetings
Date: 12/14/2010
Time:10 Minutes
Submitted By:Stephen Clifton
Department:Community Services
Review
Committee:
Finance Committee
Action:
Type:Action
Information
Subject Title
Interlocal Agreement authorizing establishment of the Snohomish County Tourism Promotion Area.
Recommendation from Mayor and Staff
Authorize Mayor Cooper to sign attached Interlocal Agreement on behalf of the City of Edmonds.
Previous Council Action
Mr. Shawn Walker, 360 Hotel Group and President of the Snohomish County Lodging Association, presented to the Edmonds
City Council on September 15, 2009 (see attached PowerPoint presentation outline and City Council minutes). No City
Council action was required at that time.
Narrative
In December of 2008, Snohomish County received an initiation petition from the Snohomish County Lodging Association
(SCLA) in conjunction with the Snohomish County Tourism Bureau requesting that a Tourism Promotion Area (TPA) be
established in Snohomish County. They filed the petition following the process set out in RCW 35.101, which authorizes the
establishment of a TPA and permitting the levy of special assessments to fund tourism promotion.
Since the initiation petition was presented, the SCLA spent the ensuing months on the next step in the process, i.e., acquiring
the approval of lodging businesses in the proposed area which would pay sixty percent or more of the proposed charges. That
includes lodging businesses in Edmonds.
PowerPoint presentations were made by the Snohomish County Lodging Association President to each city council, including
the City of Edmonds, in 2009. Snohomish County is now at the next step in the process: getting approved interlocal
agreements (ILAs) between each of the cities and the county. The County is asking that the attached ILA be placed on city
council agendas. A public hearing on the ordinance establishing the TPA in county code has been tentatively scheduled for
mid-December. Once reviewed by the City of Edmonds Finance Committee, the committee could schedule a public hearing on
this matter during the December 21, 2010 or January 4, 2011 City Council meetings.
NOTE: The City of Edmonds will be represented by Stephen Clifton who has been appointed to the Snohomish County
Tourism Promotion Area Board of Directors by Snohomish County Executive Reardon.
Fiscal Impact
Fiscal Year:
Revenue:
Expenditure:0
Fiscal Impact:
As a self funding mechanism, this does not impact city or county budgets.
Attachments
Attachment 1 - November 10, 2010 Letter to the City of Edmonds
Attachment 2 - ILA
Attachment 3 - Sept 15, 2009 City Council Minutes
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Attachment 4 - Sept 15, 2009 PowerPoint Presentation Outline
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 12/08/2010 05:20 PM
Mayor Mike Cooper 12/09/2010 02:35 PM
Final Approval Sandy Chase 12/09/2010 02:55 PM
Form Started By: Stephen Clifton Started On: 12/08/2010 03:31 PM
Final Approval Date: 12/09/2010
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November 10, 2010
The Honorable Mayor Mike Cooper
City of Edmonds
121 5th Avenue N
Edmonds WA 98020
Re: Interlocal Agreement authorizing establishment of the Snohomish County Tourism Promotion Area
Dear Mayor Cooper:
In December of 2008 the county received an initiation petition from the Snohomish County Lodging
Association (SCLA) in conjunction with the Snohomish County Tourism Bureau requesting that a Tourism
Promotion Area (TPA) be established in Snohomish County. They filed this petition following the process set
out in RCW 35.101, which authorizes the establishment of a TPA and permitting the levy of special
assessments to fund tourism promotion.
Since the initiation petition was presented, the SCLA spent the ensuing months on the next step in the process,
acquiring the approval of lodging businesses in the proposed area who would pay sixty percent or more of the
proposed charges. That includes lodging businesses in your city. I understand that representatives of the
industry have had some communications with you in the interim as well.
We are now at the next step in the process: getting approved interlocal agreements (ILAs) between each of the
cities and the county. That interlocal is attached, and I respectfully request this ILA be placed on a city council
agenda as soon as is convenient for you. A public hearing on the ordinance establishing the TPA in county
code has been tentatively scheduled for mid-December.
We agree with the lodging industry and the tourism bureau that this is a good opportunity to generate revenue
for tourism promotion, and one that does not impact city or county budgets. If you would like any further
information about the ILA, or have any questions please feel free to contact me.
Sincerely,
SNOHOMISH COUNTY COUNCIL
Dave Gossett, Council Chair
cc: Sandra Chase, City Clerk
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Edmonds City Council Approved Minutes
September 15, 2009
Page 1
EDMONDS CITY COUNCIL APPROVED MINUTES
September 15, 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
Dave Orvis, Councilmember
Ron Wambolt, Councilmember
Strom Peterson, Councilmember
ELECTED OFFICIALS ABSENT
Peggy Pritchard Olson, Councilmember
Steve Bernheim, Councilmember
STAFF PRESENT
Tom Tomberg, Fire Chief
Mark Correira, Assistant Fire Chief
Al Compaan, Police Chief
Brian McIntosh, Parks & Recreation Director
Noel Miller, Public Works Director
Lorenzo Hines, Interim Finance Director
Debi Humann, Human Resources Director
Rich Lindsay, Parks Maintenance Manager
Mike Clugston, Planner
Sandy Chase, City Clerk
Jana Spellman, Senior Executive Council Asst.
Jeannie Dines, Recorder
1. APPROVAL OF AGENDA
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON,
TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED
UNANIMOUSLY.
2. CONSENT AGENDA ITEMS
COUNCILMEMBER WAMBOLT MOVED, SECONDED BY COUNCIL PRESIDENT WILSON,
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 AUGUST 17, 2009.
C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 25, 2009.
D. APPROVAL OF CITY COUNCIL MEETING MINUTES OF SEPTEMBER 1, 2009.
E. APPROVAL OF CLAIM CHECKS #113749 THROUGH #113863 DATED AUGUST 27,
2009 FOR $699,307.91, AND CLAIM CHECKS #113864 THROUGH #114029 DATED
SEPTEMBER 3, 2009 FOR $912,834.52, AND CLAIM CHECKS #114030 THROUGH
#114143 DATED SEPTEMBER 10, 2009 FOR $161,686.90. APPROVAL OF PAYROLL
DIRECT DEPOSIT AND CHECKS #48524 THROUGH #48592 FOR THE PAY PERIOD
AUGUST 16, THROUGH AUGUST 31, 2009 FOR $737,902.56.
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Edmonds City Council Approved Minutes
September 15, 2009
Page 2
F. ACKNOWLEDGE RECEIPT OF A CLAIM FOR DAMAGES FROM JUDY HOWELL
(AMOUNT UNDETERMINED).
G. AUTHORIZATION TO CALL FOR BIDS FOR TREATMENT PLANT CHEMICALS.
H. AUTHORIZATION FOR THE MAYOR TO SIGN AN ADDENDUM TO THE
AGREEMENT WITH FOSTER PEPPER FOR WORK RELATED TO LAKE
BALLINGER.
I. RESOLUTION NO. 1205 – SETTING A PUBLIC HEARING REGARDING THE
ADOPTION OF THE 2009 PARKS PLAN ON OCTOBER 20, 2009 AND DIRECTING
STAFF TO PUBLISH NOTICE WHICH ALERTS THE PUBLIC TO THE KEY PUBLIC
POLICY ISSUES AND CHANGES CONTAINED IN THE PLAN FROM THE 2001
PARKS PLAN.
J. ORDINANCE NO. 3752 – APPROVING A CHANGE IN ZONING FOR CERTAIN REAL
PROPERTY LOCATED AT 7631 212TH STREET SW FROM RESIDENTIAL
MULTIFAMILY (RM-2.4) TO NEIGHBORHOOD BUSINESS (BN).
K. PROCLAMATION IN HONOR OF NATIONAL PREPAREDNESS MONTH,
SEPTEMBER 2009.
3. PRESENTATION ON THE FIRE DISTRICT 1 CONTRACT OFFER.
Mayor Haakenson explained approximately three weeks ago, the Fire District 1 (FD1) contract offer and
documents related to the contract were provided to the Council as well as posted on the City’s website.
Since then the Council has been provided updated documents with minor legal changes; no significant
changes have been made.
He commented since the Council authorized staff to begin negotiations with FD1, staff has made a
tremendous effort to develop a proposal they were comfortable with. He advised Fire and Finance staff
were present to answer questions and were open to any suggestions from the Council. Mayor Haakenson
noted that after providing the Council the contract offer information, he had asked for additional questions
on at least three occasions and Chief Tomberg prepared a “Frequently Asked Questions” white paper in
response.
As elected officials, Mayor Haakenson explained it was the Council’s and his responsibility to look at
how services are provided to the taxpayers of Edmonds. It is also their responsibility to provide those
services in a cost-efficient manner while still maintaining the quality of that service. Mayor Haakenson
described what the City could expect from a contract for service with FD1: nothing less than the service
levels the City had come to expect from the existing Fire Department, the same response times, and
highly trained firefighters serving residents from the three existing fire stations in the City.
Mayor Haakenson described FD1, a respected fire department that operates on the same model as the
City’s Fire Department, with better training facilities, that does more community outreach through
education and programs than Edmonds does, and that operates under a fire district model with an elected
Board of Commissioners who set policy. The contract is written to ensure Edmonds residents will always
have quality fire and medical service. The City’s expectations for service levels are laid out in the
contract. If those levels are not met, the City has the option to modify or withdraw from the agreement.
If the City chose to do that, the contract addresses how that would occur.
Mayor Haakenson commented on the cost of public safety, pointing out costs will continue to rise and
labor cost is the driving force. He described the cost to operate the Edmonds Fire Department:
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$8.0 million - 2010 budget for the Edmonds Fire Department
$1.1 million - Additional associated costs
$500,000 - Overhead costs
$9.6 million - Total cost to operate the Edmonds Fire Department
He described Fire Department revenue:
$3.9 million - EMS levy
$750,000 - Esperance contract
$370,000 - Woodway contract
$700,000 - EMS ambulance fees
$270,000 - Voted taxes for the Public Safety Building
$6 million - Total revenue
He summarized the 2010 expense to operate the Fire Department is $9.6 million; revenue taken in by the
Fire Department totals $6 million, leaving a General Fund subsidy of $3.6 million.
He reviewed the cost from a contract for service:
$6.2 million - FD1's offer for a contract for 2010
$800,000 - Recurring non-departmental fire costs that the City incurs whether or not it has its
own Fire Department
$7.0 million - Total cost to provide fire service via a contract with FD1
Mayor Haakenson summarized the total cost of contracting ($7.0 million), less revenue from EMS levy
and voted taxes for Station 17 ($4.2 million), leaves a $2.8 million General Fund subsidy. The General
Fund subsidy to operate the Edmonds Fire Department is $3.6 million; the subsidy with a contract for
service with FD1 is $2.8 million, a savings of $800,000 the first year and increasing to over $1 million in
five years as the savings increase and the cost to provide fire service decreases. He noted the Council
packet contained a schedule outlining the savings per year.
To the question of whether citizens would be taxed for the new fire contract, Mayor Haakenson assured
that aside from the continuing EMS levy, Edmonds citizens would not be taxed for this contract for
service. He assured the contract for service was not a tax and it would not show up on Edmonds
taxpayers’ property-tax statement. The contract would be paid from the City’s General Fund. The cost
for service each year will be calculated per Exhibit C in the Council packet. There is a formula for
figuring labor cost, overhead, maintenance and operations, the City’s costs for a Fire Marshal and
Inspector and an annual assessment for apparatus replacement.
In addition to maintaining quality fire/EMS service and saving $800,000 per year, the proposed contract
calls for FD1 to purchase the City’s fire stations, the land under the stations, and all fire equipment. To
determine the value, each station was assigned a replacement value by WCIA appraisers. The land was
valued by Snohomish County at 2009 valuations and the total value assigned to the three stations and land
was $8.3 million. He pointed out the assessed values of the land will decrease in 2010.
FD1 will purchase the stations and land over a four-year period with the City receiving over $2.0 million
per year. The City still owes approximately $400,000 on the previous purchase of Station 20 which will
be paid from the final proceeds of the sale. The City has fiber and other equipment in Station 17 that will
remain onsite as well as the generator. These will be handled via an inexpensive lease such as $1 per
year.
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With regard to Edmonds Fire Department employees, Mayor Haakenson explained the contract calls for
all firefighters and management staff to leave as City employees and become FD1 employees. FD1 will
assume all employee liabilities with the exception of $800,000 in sick leave and vacation accruals. The
City will have 54 fewer employees and have one less labor contract to negotiate.
FD1 will purchase 17 vehicles from the City at a value $1.4 million which was determined by Fire Trucks
Plus. This is payable in a one-time, lump-sum payment. He noted the City was scheduled to replace its
ladder truck in 2013 at a cost of approximately $1.3 million. Other Fire Department assets including
radios, gear, cameras, phones and some onboard equipment will also be purchased by FD1 in the amount
of $350,000.
With regard to concern that has been expressed regarding a loss of control, Mayor Haakenson assured the
only thing citizens should worry about controlling were the quality and cost of fire/EMS service.
Mayor Haakenson summarized with the station and land sales, the City will receive a cash infusion of
nearly $3 million in 2010 and $2 million each year through 2014. With this contract, the City’s ending
cash balance increases from slightly over $1.0 million to over $4 million in 2010 and over $5 million in
2011. It maintains those levels through 2013. Two forecasts are contained in the Council packet showing
cash flow scenarios with and without the fire service contract. He summarized the increase in the City’s
ending cash balance is possible due to the large reduction in labor costs and the addition of the contract
for service as well as the cash infusion from the station and equipment sales. It will solve the City’s
financial problems for the next four years. He emphasized this was an opportunity to put the city in great
financial shape for years to come while the Economic Development Commission does its work.
Mayor Haakenson explained the financial assumptions for the report were prepared by former Finance
Director Kathleen Junglov who now holds a similar position with FD1. To the question of whether that
represented a conflict of interest, he reviewed the following chronology:
March 2009 - Ms. Junglov applies for open position at FD1
April 2009 - FD1 sends unsolicited contract offer to the City
May/June 2009 - Ms. Junglov and City staff work on details of contract for service
July 2009 - FD1 offers job to Ms. Junglov
Mayor Haakenson explained following Ms. Junglov’s resignation, he brought on Lorenzo Hines as the
Interim Finance Director. Mr. Hines has studied the proposal and all the assumptions used in the contract
proposal. He has made some valuable recommendations, saving additional dollars. Mr. Hines agrees
with the former Finance Director on the basics of the contract.
Mayor Haakenson concluded the Council had the opportunity to ensure the provision of quality fire and
EMS services to the citizens of Edmonds at less cost than the City currently pays and receive much
needed cash to a cash-strapped City budget. He urged the Council to take advantage of this opportunity.
Councilmember Plunkett commented most citizens wanted to know whether they would receive the same
service; would firefighters and paramedics show up in the same expeditious manner. He asked who
determined response times, how response times were measured, and how the response times would be
determined and measured via this contract. Fire Chief Tom Tomberg advised Question 2 of the FAQ
addressed that question. He recalled in 2006 the Council adopted Senate House Bill 1756, now codified
as RCW 35.103, which required career Fire Departments to adopt response time standards. Consistent
with that legislative requirement, the Council adopted 11 response time standards. That standard is
interwoven throughout the contract. FD1 has a similar standard based on their current station locations
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and level of service. The contract requires they adhere to the same standard. The fire stations in
Edmonds will continue to be staffed as they are today.
Councilmember Plunkett invited Chief Tomberg to comment on the loss of control. Chief Tomberg
assured that was addressed throughout the contract via a required level of service, formula for the contract
based on labor, overhead, maintenance and operations and vehicle replacement. The contract also
addressed how disputes would be resolved and what happened for example if a law was passed by the
legislature that forced action to be taken; the contract would be reopened and the issue worked out.
Councilmember Plunkett referred to other consolidations such as 911 dispatch, observing although the
Edmonds City Council did not control 911 dispatch, the City had a say in the organization. He asked
whether 911 dispatch was effective in southwest Snohomish County. Chief Tomberg described three
regional services provided by a consortium of governments. 911 dispatch or SnoCom is governed by a
Board; Mayor Haakenson and he are on that Board. SnoCom has been in operation for over 20 years, has
an annual budget of approximately $4 million and is responsible for providing EMS, fire and law
enforcement dispatch throughout southwest Snohomish County.
Chief Tomberg explained the City also has a seat on the Board of Emergency Service Coordinating
Agency (ESCA), and he is the current chair. ESCA provides pre, during and post disaster planning and
response services to seven communities in south Snohomish County and three communities in north King
County. A third regional organization is the Snohomish Emergency Radio System (SERS) who brought
800 MHz to every fire and law enforcement agency in Snohomish County. Mayor Haakenson is currently
the Vice Chair of the Board and has served as the Chair in the past.
Councilmember Plunkett asked if those service consolidations had been effective for Edmonds citizens.
Chief Tomberg answered they had been extremely cost effective and very successful. The region has a
fine 800 MHz system; good disaster planning, response and recovery; and very good 911 dispatch.
Councilmember Plunkett asked whether Chief Tomberg would become the Fire Chief of FD1. Chief
Tomberg answered Ed Widdis, the FD1 Fire Chief, recently signed a new 3-year contract. Chief
Tomberg assured he would not be the Fire Chief of FD1.
Councilmember Wambolt referred to the comment in Mayor Haakenson’s presentation that the City still
owed approximately $400,000 on the previous purchase of Station 20 and that would be paid off with the
proceeds of the sale. However the financial statements show $330,000 in future debt service for Station
20. Mayor Haakenson answered he assumed the amount owing on Fire Station 20 would be paid off with
the proceeds of the sale; Mr. Hines showed it remaining in the budget. That was a decision for the
Council to make. The City could continue to pay the debt service once the station was sold; he
recommended paying off the $400,000 with the proceeds of the sale.
Councilmember Wambolt requested an analysis of selling the fire stations versus retaining them. He also
questioned why Lynnwood and Mukilteo did not accept FD1’s contract for service offer. Mayor
Haakenson answered he was unaware whether the contract for service that FD1 offered to Edmonds was
the same as was offered to Lynnwood and Mukilteo. In Mukilteo, the Mayor refused to look at the offer
and did not provide it to the Council due to issues with FD1 over annexation. In Lynnwood, the Mayor
made a similar assessment. Both Lynnwood and Mukilteo are in disagreement with FD1 over annexation
issues. He believed if Edmonds entered into a contract for service with FD1, Mukilteo eventually would
follow suit, but he did not believe Lynnwood would.
Council President Wilson asked how FD1’s response times compared to Edmonds. Chief Tomberg
agreed they differed due to the location of their stations and the shape of the district. He suggested that
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question be posed to the FD1 Commissioners. He assured every Fire Department in south Snohomish
County made every effort to get to the scene of an emergency as soon as possible. He assumed FD1’s
standards were adopted in good faith based on common sense. FD1 has relocated stations in the past in
order to reach the greatest number of people in the least amount of time. He advised response times
would not be affected by the contract as long as the stations in Edmonds remained in their current
locations.
Assuming Edmonds response standards were higher and FD1 decided to close/realign/build a new station,
Council President Wilson asked the impact of that action if Edmonds were to take its Fire Department
back. Chief Tomberg assured under the contract, none of the Edmonds fire station locations would
change. FD1 is building a new fire station at 156th that would be taken over by Lynnwood if annexation
was successful. FD1 is also building a new fire station that they will own in Brier. Council President
Wilson observed response times would certainly not get worse and with luck, they would get better in the
future. Chief Tomberg commented with luck in the future there would be one single fire department in
southwest Snohomish County via merger, consolidation or Regional Fire Authority (RFA).
Council President Wilson asked whether the cities were moving toward an RFA. Mayor Haakenson
responded for cities Edmonds’ size to survive, consolidation of Fire Departments, Police Departments,
Public Works Departments, etc. would be necessary and possibly someday consolidation of cities to
improve competition with other cities for national dollars. He was hopeful consolidation of more services
would occur in the future.
Council President Wilson agreed with Councilmember Wambolt’s request for an analysis of selling
versus not selling fire stations. Mayor Haakenson answered without the sale of the fire stations, land and
equipment, the City lost one of the benefits of a contract for service - incoming cash. Although there
would still be the $800,000 per year savings in the General Fund, without a cash influx from the sale of
the fire stations, land and equipment, there would need to be a levy request to the voters. He pointed out
if the City retained the fire stations and land, they would also retain the responsibility for maintaining the
stations and grounds, insurance, etc. He summarized one of the biggest reasons for selling the fire
stations and land was to bring in cash and avoid a levy.
With regard to a citizens’ question why Mountlake Terrace retained the transport fees (currently
approximately $700,000/year) and in Edmonds’ contract those fees go to FD1, Mayor Haakenson
explained the transport fees run with the stations. Mountlake Terrace did not sell their stations and
therefore retained the fees. With the sale of the stations and land, FD1 would collect the transport fees.
He acknowledged Edmonds could retain its stations and land; the City would retain the $700,000/year in
transport fees but would not receive the $8 million cash infusion and would drop into deficit in 2013
versus 2015. He advised ending cash balance would go into deficit in 2011 without a contract for fire
service. The City goes into deficit in 2013 if the City contracts for service with FD1 and retains the
stations, land and transport fee revenue. If the proposed contract for service with FD1 is accepted, the
City does not go into deficit until 2015. Chief Tomberg suggested the question regarding
selling/retaining stations be posed when the Council meets with the Brier’s Mayor and Mountlake
Terrace’s Mayor and City Manager.
When/if a RFA is formed, Council President Wilson asked whether the assets of the fire departments
would migrate without compensation to the RFA. Chief Tomberg responded the legislation passed in
2004 that allowed RFA’s is still maturing and is being modified every legislative session. There are
many rules regarding implementation that have yet to be written. There are also challenges to the rules
that produce case law that dictates how a RFA is formed/operated. It was his understanding that upon
formation of a RFA, cities did not receive compensation for their stations.
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Council President Wilson commented the only red flag in the contract for him was in regard to the
formation of a RFA. According to the proposed contract, if the City sold its assets today and a RFA were
formed in the future, the contract would be unwound, requiring Edmonds to buy back the stations and
give them to the RFA. Mayor Haakenson responded if the Interlocal Agreement were terminated and
Edmonds re-formed its Fire Department, the same process under which they were sold would be
followed. It was his understanding if a RFA were formed, it would be to Edmonds’ benefit to have
entered into a contract for service with FD1.
Council President Wilson referred to language in Section 11.5 of the contract, “in the event that a
Regional Fire Protection Authority, RFA or other legally recognized means of providing fire service is
created, inclusive of the City and District, this agreement will be terminated.” Section 11.7 states,
“regardless of the reason for termination, the parties and District agree that like assets purchased by and
transferred to the District as part of this Agreement shall be returned to the City.” Chief Tomberg
answered the intent was that Edmonds would be part of the RFA. He agreed the language may need to be
clarified to reflect the intent.
Council President Wilson commented another policy issue was the use of funds from the sale of assets.
In his experience it was not best policy to sell assets and use the proceeds to fund operations. Mr. Hines
answered it depended on the need for the proceeds and the flexibility to put the proceeds aside or use
them for operations. As a general policy, the proceeds from the sale of assets were not used for
operations but it depended on how dire the situation was. Council President Wilson commented the
$800,000 operational savings was significant enough. He requested staff consider how to protect the
funds from the sale of assets. Mayor Haakenson commented it was up to the Council to determine
whether to place the money in a certain fund such as the emergency fund, set it aside to pay the fire
contract, etc.
Council President Wilson asked staff to explore mechanisms such as establishing a separate trust fund for
the proceeds that would be used for future asset purchases or retain the proceeds for up to five years in the
event the stations and land had to be purchased.
Councilmember Peterson asked Chief Tomberg to comment on FD1’s training facilities and the lack of an
Edmonds training facility has on the City’s fire insurance rating. Chief Tomberg answered Edmonds was
in need of a Fire Department Headquarters and a training facility. Both a headquarters and training
facility are provided via the contract for service with FD1. FD1 is currently constructing a 4-story tower
with a 2½ story residential building and smoke room, adjacent to their 40,000 square foot headquarters on
a 2.5 acre site off 128th. To duplicate those structures in Edmonds would cost millions of dollars.
With regard to fire insurance ratings, Chief Tomberg explained in the past the Washington Surveying and
Rating Bureau evaluated cities’ fire defenses and provided a rating that was then used by insurance
companies. A higher rating of the Fire Department resulted in a better insurance rate for residential and
commercial property owners. Recent research revealed a higher rating no longer resulted in a better
insurance rate. He pointed out one of Edmonds Fire Department’s deficiencies when they were rated in
1990 was the lack of a training facility; the availability of FD1’s training facility would improve the
City’s rating which although it would not result in lower insurance rates, was beneficial to the residents.
Council President Wilson advised City Attorney Scott Snyder would report to the Council next week on
his experience with regionalization as a City Attorney for other municipalities including reverse
annexations and other ways regionalization could be accomplished. On October 6 Brier’s Mayor and
Mountlake Terrace’s Mayor and City Manager will meet with the Council. On October 13 there will be a
joint City Council/Fire District 1 Commission meeting which may be held in the Brackett Room. Public
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comment will be accepted at all meetings. He anticipated the Council may be prepared to take a vote on
October 20 or 27 assuming no major issues arise.
(Councilmember Plunkett left the meeting at 8:00 p.m.)
4. PRESENTATION ON TOURISM PROMOTION AREA BY SNOHOMISH COUNTY LODGING
ASSOCIATION.
Shawn Walker, President, Snohomish County Lodging Association, explained a Tourism Promotion
Area (TPA) is a self-imposed assessment by the lodging industry to generate funds to increase tourism
and convention business, attract and welcome tourists and operate tourism designation marketing
organizations. Senate Bill 6026 passed in 2003 provided this tool. TPAs have been successfully
established in Spokane, Tri Cities, Clark County, Liberty Lake, Yakima, and Wenatchee, and Tacoma is
in the process of establishing a TPA.
He reviewed the process for Establishing a TPA:
1. Support of local hotels - hotels generating 60% of the revenue must agree. These hotels in
Snohomish County have approved forming the TPA.
2. County Council adopts a resolution of intention to establish a TPA, conducts a hearing, adopts an
ordinance, and imposes the charge.
3. Requires interlocal agreements with affected municipalities.
He reviewed the outcome of balloting of the 44 eligible properties in Snohomish County:
55% voted in support
5% voted no
41% did not respond
Of the 4,312 eligible rooms:
64% were supportive
3% were not supportive
33% did not respond
In Edmonds:
1 of 3 (33%) eligible properties voted to support (Best Western Edmonds Harbor Inn)
48% eligible rooms support
No Edmonds hotels voted against the TPA but 2 did not respond to numerous attempts to contact
the owners
Edmonds represents 5% of the eligible rooms and 7% of the eligible properties in Snohomish
County
The initiation petition induces the TPA boundary, assessment amount, Advisory Board composition,
approved uses, grant application overview and method to halt assessments and dissolve the TPA. He
reviewed the following details regarding the TPA:
Boundary: Snohomish County
Zone: Properties with 50 or more rooms
Rate: $1.00 per room night
Estimated annual revenue: $944, 547
Mr. Walker reviewed the composition of the Snohomish County TPA Advisory Board: 9 voting
members who include 1 lodging representative from each of the 5 County Council Districts and 4 lodging
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representatives at large and must include 1 each from Everett, Lynnwood and SCLA Executive
Committee. The Board will also include 5 ex-officio members, 1 from each County Council District.
The members serve 3 year terms, staggered. The Board meets annually or more frequently as needed.
He provided examples of approved uses for the funds, advising all uses must relate to tourism
development and generate overnight stays in commercial lodging in Snohomish County. He reviewed the
grant application process which is patterned after the existing Lodging Tax Advisory Committee
application. He also described how the TPA could be dissolved or modified.
He reviewed next steps for forming the TPA:
Signatures of approval have been gathered - complete
Petition to initiate TPA has been authored - complete
County Council Resolution to adopt a TPA is estimated for 3rd quarter 2009
Public hearing is estimated for late 2009
Interlocal agreements are estimated fourth quarter 2009
Begin collecting fee first quarter 2010
Councilmember Orvis asked if the money raised in Edmonds from the 3 hotels would be returned for use
in the City. Mr. Walker answered although Edmonds hotels contributed only 5% of the total revenue they
had the opportunity to obtain as much of the funds as there were events that attracted overnight stays. He
commented in poor economic times, more marketing was necessary to increase occupancy levels.
Councilmember Orvis asked who would submit requests for the funds. Mr. Walker anticipated it would
be the same organizations that currently request Lodging Tax Advisory funds.
5. AUDIENCE COMMENTS
Ray Martin, Edmonds, expressed reservations about the contract for service with Fire District 1, fearing
it was too good to be true. He pointed out the City had been giving away at least $500,000/year in
subsidies to Fire District 1 and Woodway for the past 5-10 years and suggested obtaining a full
accounting. He commented the contract for service with Fire District 1 would be good for the firefighters
and for the City’s coffers, but would not be good for the Edmonds taxpayers. He was concerned a final
vote was being anticipated when there had not yet been a public discussion of the issue. He pointed out
Mayor Haakenson and Council President Wilson had also proposed closing Yost Pool permanently and
cut funds to the Senior Center. He urged the Council to give this matter a great deal of serious thought
before rushing to approve a contract for fire service with Fire District 1.
Diane Buckshnis, Edmonds, expressed appreciation to the Interim Finance Director Lorenzo Hines. She
referred to the Finance Committee’s consideration of the biennium budget amendments, pointing out the
beginning cash for the 2009 General Fund which included the Emergency Reserve Fund did not match the
ending cash balance for 2008; there is a difference of approximately $2.2 million. She stated Mr. Hines
agreed to work on reconciling those numbers. Next, she pointed out a reduction of $121,000 from the
Parks Trust Fund ($85,000 from Yost and $36,500 from the Flower Program) into the General Fund.
Ordinance 3466 states City Council approval is required prior to any fund reductions, yet there has not
been any City Council discussion regarding the fund reduction. She audited the Parks Trust Fund and
found the funds had never been removed. She advised the income from Yost Pool in June reflected a
50% higher income than budget or approximately $117,400. She was concerned Ordinance 3466 was not
being administered properly.
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Al Rutledge, Edmonds, reported the Fire District 1 meeting scheduled for tonight was rescheduled to
September 17 due to a lack of a quorum. One of the items on the agenda is the Edmonds contract
proposal. Next, he advised the change to allow residents to have 3 animals versus 5 animals was adopted
in January 2001.
Roger Hertrich, Edmonds, questioned how the City could get more for less via the Fire District 1
contract. Next, he referred to the application submitted by Al Dykes for a contract rezone for the former
Safeway/Antique Mall property for development of a “sky castle,” 60-80 foot towers. He advised the
public could now comment on the SEPA process and there would also be an opportunity for comment at
the public hearing at the Planning Board after the SEPA process was complete. The final decision will be
made by the City Council. He commented on campaign literature on Council websites that was later
removed. He urged candidates to file timely financial reports with the Public Disclosure Commission
(PDC) regarding campaign donations.
George Murray, Edmonds, commented an $8 million return for giving up $700,000 in revenue was an
8.7% return. However, he noted it may be worthwhile to continue that revenue stream. He agreed the
contract for service with Fire District 1 may be “too good to be true,” explaining his skepticism was due
to a May 2008 meeting where the issue of regionalizing the Fire Department was tabled because the
taxpayers paid for fire service via property taxes. He also questioned how Fire District 1 could operate
their Fire Department cheaper than Edmonds Fire Department. With regard to training, he commented
the City’s firefighters were well trained. Next, he pointed out Al Dykes submitted an application to
rezone the waterfront area two days after the Council’s action to change Chapter 20. Notice of
development application was published on August 28, providing an opportunity for public comment of
14-30 days. Although the notice was published in the Everett Herald, it was not posted on the property
until today. He suggested the period for comment on the project be reopened.
Jack Jacobsen, Edmonds, suggested Councilmembers walk on the south side of Main Street where
blacktop patches were being installed to keep people from falling and suing the City. He urged the
Council to have the large trees removed and replaced with trees that would not damage the sidewalk.
With regard to the comments concerning the Council websites, Mayor Haakenson advised Mr. Martin had
filed a complaint with the PDC. The City Attorney advised the Council was not to engage in any
dialogue over that issue. With regard to comments that the contract for service with FD1 was too good to
be true, Mayor Haakenson advised the Mayor and City Manager of Mountlake Terrace and the Mayor of
Brier will meet with the Council on October 6. Mountlake Terrace and Brier have had a contract for
service with FD1 for approximately eight years. Next, he pointed out a Regional Fire Authority and a
contract for service were completely different; the RFA meetings were tabled due to Mukilteo and
Lynnwood’s disagreement with FD1 over annexation. Discussions were delayed until those issues are
resolved. He commented Lynnwood and Mukilteo were reconsidering the annexations due to the
economic climate.
Mayor Haakenson clarified he never said the Edmonds firefighters did not have any training; he has said
that the firefighters do not have a training facility.
6. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF SEPTEMBER 8, 2009.
Community Services/Development Services Committee
Councilmember Orvis reported staff provided the Committee an update to the City’s subdivision
regulations as part of the code rewrite. No action was required. Staff also presented a draft ordinance to
amend provisions of Title 18 to correct references to Chapter 20. The proposed code revisions will be
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presented to the full Council for discussion, noting a split vote of Committee Members Councilmember
Olson and Councilmember Orvis.
Finance Committee
Councilmember Wambolt reported staff briefed the Committee on surplus of computers and monitors
which was forwarded to the Council as a Consent Agenda item. Next, Mr. Hines reviewed the revenue
and expenditure trends of the General Fund for July and August 2009. Expenses are on budget and
revenues are below forecast but in line with year-to-date projections. REET revenues improved slightly,
August 2009 was the same as August 2008. Mr. Hines also provided the Committee an overview of the
proposed budget amendment which was forwarded to the full Council for discussion on the September 22
agenda.
7. MAYOR'S COMMENTS
Mayor Haakenson recalled he emailed the Council two weeks ago requesting they look at the six trees
between 5th & Dayton and 4th & Dayton. The City’s Arborist determined the trees were damaged and
needed to be removed. One of the trees is bolted together to keep it from splitting, another has a large
rotten section and a portion of that tree broke off during last winter’s storm. An independent arborist also
prepared a report which he emailed to the Council yesterday. He had intended to add this as an agenda
item tonight but neglected to do so. He relayed Public Works Director Noel Miller’s determination that
next week was the last possible date to take action and not disrupt the Dayton overlay project. It was the
consensus of the Council to schedule it on next week’s agenda.
Mayor Haakenson referred to a memo from Parks & Recreation Director Brian McIntosh regarding the
final revenue/expenditures for the 2009 Yost Pool season. The loss of $17,000 will be covered by a
portion of the approximately $50,000 raised by the citizen group, leaving approximately $34,000 in that
fund. He advised reducing the pool’s hours and staff saved $29,000 over 2008 and revenues were
approximately $24,000 higher than 2008. Staff’s recommendation is to operate Yost Pool in 2010 with
the same hours and schedules, staff will again review the fees. Lynnwood’s pool will be closed in 2010
which may increase attendance at Yost Pool. Staff does not plan to do a RFP/RFQ for a pool operator
next year; the City will continue to operate the pool and use the funds raised by the citizen group to cover
any subsidy. The Council also has several options to consider with regard to an aquatics facility.
8. COUNCIL COMMENTS
Council President Wilson recalled there had been consideration of a September 29 meeting for a joint
meeting with the Fire District 1 Commission that has now been scheduled for the October 13 meeting.
Although there were several items on the September 22 and October 6 agendas, he recommended not
holding a meeting on September 29, the fifth Tuesday. Following a brief discussion, it was the consensus
of the Council to schedule a meeting on September 29 and move items from the September 22 and
October 6 agendas to the September 29 agenda.
Council President Wilson referred to the update to the legal contract with Foster Pepper for work related
to Lake Ballinger not to exceed 10 hours or $3600 that was approved on the Consent Agenda. Although
there was $20,000 included in the budget for Lake Ballinger, funds in the Council budget for professional
services as well as funds in the Council Contingency Fund, he recommended the legal fees come from
Council Contingency. This would retain the funds in the professional services budget for consultants,
legal services, etc. and retain the $20,000 for future Lake Ballinger expenditures.
With regard to the comments that the FD1 contract for service was too good to be true, Council President
Wilson commented that same sentiment was expressed by some members of the Firefighters Union; they
Packet Page 139 of 161
Edmonds City Council Approved Minutes
September 15, 2009
Page 12
have since worked through their concerns and skepticism. He acknowledged that he also had a high
degree of skepticism that he was working through. The process over the next two months will provide
ample opportunity to examine the issue particularly with the addition of meetings on September 29 and
October 13. If the Council was not ready to vote by October 27, the process would be extended as long as
necessary to ensure all questions were answered.
Council President Wilson expressed his appreciation to Mr. Martin for his watchdog role with regard to
Yost Pool and the Senior Center, pointing out he supported including an additional $100,000 for the
Senior Center in the levy. With regard to the Councilmembers’ websites, he assured the City’s policy has
always mirrored the State’s policy and it was appropriate for the PDC to address any questions.
Councilmember Peterson reported the Edmonds Classic Car Show, the Edmonds Bird Fest and the 3-Day
Walk were great events. He thanked everyone who volunteered at those events.
Councilmember Wambolt reported when he was collecting his campaign signs, he noticed many of his as
well as other candidates’ signs had been vandalized. He pointed out the signs cost approximately $5 each
plus the labor to put them up and it was highly illegal to vandalize campaign signs. He estimated 99% of
the signs were in authorized locations; if they were displayed on private property, it was because the
candidates had obtained permission. He urged citizens to call 911 if they observed anyone vandalizing
candidates’ signs; the penalties are severe and can include jail time.
9. ADJOURN
With no further business, the Council meeting was adjourned at 8:50 p.m.
Packet Page 140 of 161
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1
AM-3578 Item #: 3. A.
City Council Committee Meetings
Date: 12/14/2010
Time:10 Minutes
Submitted By:Gerry Gannon
Department:Police Department
Committee:Public Safety Type:Action
Information
Subject Title
Camping Ordinance.
Recommendation from Mayor and Staff
Approve Camping Ordinance for the consent agenda.
Previous Council Action
None
Narrative
The police department is requesting that Council approve this new ordinance to Chapter 5 to effectively deal with camping in
the city parks, public areas, and those individuals that are living out of their vehicles. Recently the department dealt with an
individual living out of his vehicle. The behavior exhibited by this person caused a safety concern with several of the local
residents. In addition he was causing a public nuisance and health risk in the neighborhood where he was parked by using the
neighborhood as a public rest room. This ordinance will provide police the ability to deal with make-shift camps found
throughout the city including parks, public areas, and the individuals living in cars. Similar ordinances are currently in place in
Everett and Lynnwood and have been effective dealing with situations we recently had.
Rich Lindsey of the Parks Department reviewed the ordinance and felt it is a benefit to the City and maintain our parks as a
safe place for our residents.
The ordinance has been approved as to form by Bio Park of our City Attorney’s office.
Attachments
Camping Ordinance
Signature pages
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 12/07/2010 03:57 PM
Mayor Mike Cooper 12/09/2010 02:35 PM
Final Approval Sandy Chase 12/09/2010 02:54 PM
Form Started By: Gerry Gannon Started On: 12/02/2010 03:17 PM
Final Approval Date: 12/09/2010
Packet Page 155 of 161
{BFP832391.DOC;1\00006.900160\ }
Chapter 5.70
CAMPING
Sections:
5.70.010 Unlawful camping.
5.70.020 Storage of personal property in public places.
5.70.030 Definitions.
5.70.040 Penalty for violations.
5.70.050 Parked recreational vehicles exempt.
5.70.010 Unlawful camping.
It shall be unlawful for any person to camp in the following areas, except as otherwise provided
by ordinance or as authorized pursuant to permits issued by the City:
A. Any park;
B. Any street;
C. Any publicly owned parking lot or publicly owned area, improved or unimproved.
5.70.020 Storage of personal property in public places.
It shall be unlawful for any person to store personal property, including camp facilities and camp
paraphernalia, in the following areas, except as otherwise provided by ordinance or as authorized
pursuant to permits issued by the City:
A. Any park;
B. Any street; or
C. Any publicly owned parking lot or publicly owned area, improved or unimproved.
5.70.030 Definitions.
The following definitions are applicable in this chapter unless the context otherwise requires:
A. “Camp” means to pitch, use, or occupy camp facilities for the purposes of habitation, as
evidenced by the use of camp paraphernalia.
B. “Camp facilities” include, but are not limited to, tents, huts, temporary shelters, or vehicles
if said vehicle is being used as a temporary living quarters.
C. “Camp paraphernalia” includes, but is not limited to, tarpaulins, cots, beds, sleeping bags,
blankets, mattresses, hammocks or cooking facilities or equipment.
D. “Park” means the same as defined in ECDC 21.80.005.
Packet Page 156 of 161
{BFP832391.DOC;1\00006.900160\ }
E. “Store” means to put aside or accumulate for use when needed, to put for safekeeping, to
place or leave in a location.
F. “Street” means any highway, lane, road, street, right-of-way, boulevard, alley, and every
way or place in Edmonds open as a matter of right to public vehicular travel.
5.70.040 Penalty for violations.
Violation of any of the provisions of this chapter is a misdemeanor, and shall be subject to
penalties as provided in ECC 5.50.020.
5.70.050 Parked recreational vehicles exempt.
The provisions of this chapter shall not apply to recreational vehicles parked on any street, or in
any publicly owned parking lot or publicly owned area, improved or unimproved, if said
recreational vehicle is not at that time being used as temporary living quarters. For purposes of
this chapter, “recreational vehicle” means a travel trailer, motor home, truck camper, or camping
trailer that is primarily designed and used as temporary living quarters, is either self-propelled or
mounted on or drawn by another vehicle, is transient, is not occupied as a primary residence, and
is not immobilized or permanently affixed to a mobile home lot.
Packet Page 157 of 161
{BFP832459.DOC;1\00006.900160\ } - 1 -
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 5.70 ECC
CONCERNING CAMPING ON PUBLIC PLACES AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
WHEREAS, the City of Edmonds Police Department has been receiving
complaints concerning people living in their cars that are parked on public property; and
WHEREAS, the City Council of the City of Edmonds finds that it is for the best
interest of the public to regulate camping on publicly owned property NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Adopted
Section 2.
. A new Chapter 5.70 ECC is hereby adopted to read as set
forth in Exhibit A, attached hereto and incorporated herein as if set forth in full.
Effective Date
APPROVED:
. This ordinance, being an exercise of a power specifi-
cally delegated to the City legislative body, is not subject to referendum, and shall take effect
five (5) days after passage and publication of an approved summary thereof consisting of the
title.
MAYOR MIKE COOPER
ATTEST/AUTHENTICATED:
CITY CLERK, SANDRA S. CHASE
Packet Page 158 of 161
{BFP832459.DOC;1\00006.900160\ } - 2 -
APPROVED AS TO FORM:
BY
CITY ATTORNEY, W. SCOTT SNYDER
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.
Packet Page 159 of 161
{BFP832459.DOC;1\00006.900160\ } - 3 -
SUMMARY OF ORDINANCE NO. __________
of the City of Edmonds, Washington
On the ____ day of ___________, 2010, the City Council of the City of Edmonds,
passed Ordinance No. _____________. A summary of the content of said ordinance, consisting
of the title, provides as follows:
AN ORDINANCE OF THE CITY OF EDMONDS,
WASHINGTON, ADOPTING A NEW CHAPTER 5.70 ECC
CONCERNING CAMPING ON PUBLIC PLACES AND FIXING
A TIME WHEN THE SAME SHALL BECOME EFFECTIVE.
The full text of this Ordinance will be mailed upon request.
DATED this _____ day of ________________,2010.
CITY CLERK, SANDRA S. CHASE
Packet Page 160 of 161
AM-3606 Item #: 3. B.
City Council Committee Meetings
Date: 12/14/2010
Time:30 Minutes
Submitted By:John Westfall
Department:Fire
Committee:Public Safety Type:
Information
Subject Title
EMS Transport Fees.
Recommendation from Mayor and Staff
Inquiries will be answered.
Previous Council Action
Narrative
City Council suggests answers and clarification to identify shortfalls in current year-to-date revenues specific to collection of
EMS transportation fees.
Form Review
Inbox Reviewed By Date
City Clerk Sandy Chase 12/10/2010 10:52 AM
Mayor Mike Cooper 12/10/2010 11:57 AM
Final Approval Sandy Chase 12/10/2010 11:58 AM
Form Started By: John Westfall Started On: 12/10/2010 10:43 AM
Final Approval Date: 12/10/2010
Packet Page 161 of 161