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2011.01.25 CC Agenda Packet                 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds JANUARY 25, 2011                 6:30 p.m. - Executive session for the purpose of evaluating a complaint against a public officer and to review with legal counsel potential litigation pursuant to the provisions of RCW 42.36.110 (f) and (i). 7:00 p.m. - Call to Order and Flag Salute   1. (5 Minutes) Approval of Agenda   2. (5 Minutes) Approval of Consent Agenda Items   A.Roll Call   B. AM-3700 Approval of City Council Meeting Minutes of January 18, 2011.   C. AM-3698 Approval of claim checks #123439 through #123520 dated January 20, 2011 for $2,233,423.96. Approval of payroll direct deposit and checks #50169 through #50196 for the period January 1, 2011 through January 15, 2011 for $637,166.11.   D. AM-3696 Community Services and Economic Development Department Quarterly Report – January, 2011   E. AM-3680 Report on final construction cost for the 2009 Asphalt Overlay Project and Council acceptance of project.   F. AM-3695 Authorization to award Edmonds Arts Commission recommended Tourism Promotion contracts with local cultural organizations.   3. (5 Minutes) AM-3701 Swearing-in ceremony for Police Sergeant Kenneth D. Ploeger.   4. (5 Minutes) Presentation of check by the Edmonds Police Foundation in honor of Chief David N. Packet Page 1 of 77 4. (5 Minutes) AM-3685 Presentation of check by the Edmonds Police Foundation in honor of Chief David N. Stern for Haines Wharf Park.   5. (60 Minutes) AM-3697 Public Safety Reserve Fund budget amendment to pay off 1998 LTGO bonds. (Public comment will be received).   6.Audience Comments (3 Minute Limit Per Person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   7. (15 Minutes) Council reports on outside committee/board meetings.   8. (5 Minutes) Mayor's Comments   9. (15 Minutes) Council Comments   ADJOURN   Packet Page 2 of 77 AM-3700   Item #: 2. B. City Council Meeting Date: 01/25/2011 Time:  Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of City Council Meeting Minutes of January 18, 2011. Recommendation from Mayor and Staff It is recommended that the City Council review and approve the draft minutes. Previous Council Action N/A Narrative Attached is a copy of the draft minutes. Attachments 01-18-11 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 01/20/2011 04:45 PM Final Approval Sandy Chase 01/20/2011 05:05 PM Form Started By: Sandy Chase Started On: 01/20/2011 03:21 PM Final Approval Date: 01/20/2011  Packet Page 3 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES January 18, 2011 At 6:00 p.m., Mayor Cooper announced that the City Council would meet in executive session regarding labor negotiation strategy. He stated that the executive session was scheduled to last approximately one hour and would be held in the Jury Meeting Room, located in the Public Safety Complex. No action was anticipated to occur as a result of meeting in executive session. Elected officials present at the executive session were: Mayor Cooper, and Councilmembers Bernheim, Plunkett, Fraley-Monillas, Buckshnis, Peterson, Petso and Wilson. Others present were City Attorney Scott Snyder, Human Resources Director Debi Humann, and City Clerk Sandy Chase. At 6:59 p.m., Ms. Chase announced to the public present in the Council Chambers that an additional 15 minutes would be required in executive session. The executive session concluded at 7:21 p.m. The regular City Council meeting was called to order at 7:26 p.m. by Mayor Cooper in the Council Chambers, 250 5th Avenue North, Edmonds. The meeting was opened with the flag salute. ELECTED OFFICIALS PRESENT Mike Cooper, Mayor Strom Peterson, Council President D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember, Steve Bernheim, Councilmember Diane Buckshnis, Councilmember ALSO PRESENT Peter Gibson, Student Representative STAFF PRESENT Al Compaan, Police Chief Jim Lawless, Assistant Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Carrie Hite, Parks & Recreation Director Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA At Councilmember Buckshnis’ request, “Reconsideration of the Vote Regarding Proposed Code Amendment to Home Occupations ECDC 20.20” was added to the agenda as Item 8A. She also requested another public hearing be held. Councilmember Wilson explained the Council directed staff to prepare an ordinance and a public hearing was held at the January 4 meeting. He asked if a public hearing was required when the final ordinance was presented to the Council. City Attorney Scott Snyder explained this was a procedural process; when a member of the prevailing side makes a motion to reconsider and the motion passes, it is scheduled on a later agenda to allow a new public hearing to be noticed. Councilmember Wilson clarified it would be reconsideration of Council direction to prepare an ordinance. Regardless of whether the reconsideration is approved, a final ordinance will be presented to the Council. He suggested waiting until the ordinance was presented in final form and scheduling a public hearing then to allow the public to respond to the final ordinance. Mr. Snyder commented because of the time required to notice a public hearing, that would add time to the process. Councilmember Wilson questioned if the public hearing would be the Council’s direction to staff to prepare an ordinance or the ordinance itself. Mayor Cooper clarified Councilmember Buckshnis’ request Packet Page 4 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 2 was to add an agenda item to consider a reconsideration vote. This discussion would be appropriate during that agenda item. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS Councilmember Petso requested Item H be removed from the Consent Agenda. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF JANUARY 4, 2011. C. APPROVAL OF CLAIM CHECKS #123172 THROUGH #123302 DATED JANUARY 6, 2011 FOR $468,011.40, AND #123303 THROUGH #123438 DATED JANUARY 13, 2011 FOR $390,291.57. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #50136 THROUGH #50168 FOR THE PERIOD DECEMBER 16, 2010 THROUGH DECEMBER 31, 2010 FOR $675,925.03. D. AUTHORIZATION FOR MAYOR TO SIGN AGREEMENT OF SPONSORSHIP BETWEEN THE CITY OF EDMONDS AND THE EDMONDS CHAMBER OF COMMERCE FOUNDATION. E. INTERLOCAL AGREEMENT WITH THE CITY OF LYNNWOOD TO FUND THE RECYCLING COORDINATOR FOR 2011 AND 2012. F. AMENDMENT TO THE INTERLOCAL AGREEMENT WITH THE LAKE BALLINGER/MCALEER CREEK WATERSHED FORUM. G. AUTHORIZATION FOR THE MAYOR TO SIGN THE PROFESSIONAL SERVICES AGREEMENT WITH MURRAY, SMITH & ASSOCIATES FOR ENGINEERING SERVICES ON THE 2011 WATERLINE PROJECT. ITEM H: AMENDMENT TO HEARING EXAMINER CONTRACT. Councilmember Petso referred to an email the Council received today detailing concerns regarding the Hearing Examiner contract. She asked City Attorney Scott Snyder to address those concerns. Mr. Snyder responded the email addressed two concerns; first, why the extension is being done via an addendum/revision to the contract rather than a new contract, and references the City of Carnation’s decision to adopt a new agreement. The City was interested in extending the Hearing Examiner agreement for 2-4 weeks until a new Hearing Examiner is appointed. There were two ways to address the issue, 1) a new contract, or 2) amend the provision that prohibits it from being assigned to allow it to be assigned from the three-member Hearing Examiner group to one of its members. In an effort to keep it simple he chose the latter. With regard to the second question in the email, whether all members of the Professional Limited Liability Corporation (PLLC) needed to sign, he explained the signature of any member of the PLLC can bind the organization. Councilmember Petso asked for clarification that by approving the amendment to the Hearing Examiner contract, the Council successfully authorized the Hearing Examiner to hold hearings and make decisions. Packet Page 5 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 3 Mr. Snyder answered yes. He advised a change was made to the contract to address the citizen’s comment at the January 4 Council meeting. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO APPROVE ITEM H. MOTION CARRIED UNANIMOUSLY. 3. PUBLIC HEARING ON THE CONSIDERATION OF ADOPTION OF A ZONING MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THEM TO BE AN ILLEGAL USE UNDER STATE LAW AND THE CITY'S ZONING CODE. City Attorney Scott Snyder explained when Initiative 692 was passed in 1998, now codified as Chapter 69.51A RCW, a structure was established that permitted, with an appropriate doctor’s prescription, a qualifying patient to grow marijuana for personal use or have it provided by a “qualified provider.” The sale, cultivation, and possession of marijuana remains illegal under state and federal law but an affirmative defense is established for qualified patients. A qualified provider can only provide medical marijuana to one qualified patient. Leaving the social issue aside, he reiterated the sale and possession of marijuana except in very limited circumstances remains illegal. Washington State Department of Health and a number of other organizations have stated the opinion that medical marijuana dispensaries are illegal uses. Beginning several months ago, staff began advising administration and the Council regarding what was occurring in other communities. Tacoma and Port Angeles have permitted dispensaries to remain in operation; King County has taken the position that they do not have the resources to address it which is similar to Seattle’s approach. Redmond and Kent have taken a very proactive approach to establish rules. The purpose of tonight’s discussion is to obtain Council direction to staff and those who want to establish businesses or cooperative growing operations via an interim zoning ordinance. No dispensaries are currently licensed by the City of Edmonds. One is in operation without a license and another has applied for a license. Mr. Snyder explained the purpose of an interim zoning ordinance is to establish for six months a provision that declares medical marijuana dispensaries as an illegal use within the City. He advised the State Legislature is reviewing at least two bills; one an industry sponsored bill based on California’s provisions that regulate grow operations and dispensaries via their Agricultural Department and Department of Health. California’s provisions provides that reasonable zoning regulations remain in effect. Regardless of any State Legislature action with regard to determining whether dispensaries are legal/illegal uses, Edmonds will need to address at a local level how dispensaries are categorized, where they should be located, and what rules are established. He summarized at the present time dispensaries are illegal uses and the sale of marijuana remains illegal under state and federal law. Police Chief Al Compaan advised at the end of the presentation, he would provide staff’s recommendation which includes the City Attorney, Police Department, and City Clerk’s Office. He requested Assistant Police Chief Jim Lawless share secondary impacts that law enforcement has seen in the Puget Sound area and other areas with the proliferation of medical marijuana dispensaries. He noted many jurisdictions are grappling with how to address the needs of legitimate patients which places government and law enforcement in an untenable position. From his standpoint patients are also placed in an untenable position due to the balance between law enforcement and providing a legitimate way for patients in need to procure medical marijuana. Assistant Chief Lawless explained typing “medical marijuana dispensary robbery” into any internet search engine produced numerous hits. He pointed out there are legitimate public safety concerns related to dispensaries. The law does not provide for dispensaries and it is still unlawful under both state and federal law to sell marijuana. He referred to a white paper in the Council packet from the California Chiefs Association that contains vivid examples of issues faced in California. He cited several examples: Packet Page 6 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 4 • 2008 – robbers kill a security guard at a Los Angeles medical marijuana dispensary. • May 2009 – four subjects commit a home invasion robbery in the Seattle neighborhood of Wallingford where the resident is operating a dispensary out of his residence. Police discover over 100 plants in the residence. The law allows 15 plants or 24 ounces. • September 12, 2010 –Colorado Springs, Colorado, burglars break through the wall of an adjacent business to access a dispensary. Police arrest one subject and believe he and the two that got away were also responsible for the attempted burglary of a second dispensary earlier that evening. • Second half 2009 – Denver Police Department investigated 25 robberies and burglaries targeting medical marijuana dispensaries. • December 16, 2010 – two people shot in Los Angeles during a robbery of a medical marijuana dispensary. • March 2010 – New York Times article chronicling the robbery in Seattle of Steve Sarich a local medical marijuana proponent and head of CannaCare by five subjects, one of whom Mr. Sarich shot. Also covered in the article is the beating death of an Orting man while subjects tried to steal his medical marijuana plants. Both incidents occurred within one day of each other. • December 10, 2010 – Fremont dispensary robbed and a worker beaten by two subjects. Despite security glass and five security cameras and a panic button, the robbers made off with 10-12 pounds of marijuana. The law allows 24 ounces. • January 14, 2011 – medical marijuana dispensary raided by the South Snohomish County Regional Drug Taskforce in unincorporated Lynnwood. They seized 15 pounds of marijuana and $25,000 cash. Medical marijuana dispensaries are not allowed to charge for marijuana; many solicit donations. Assistant Chief Lawless reported there are numerous surveillance videos on YouTube documenting violent robberies of medical marijuana dispensaries. He noted the above examples do not include robberies/burglaries of people who are growing their own medical marijuana. He noted there are secondary and unintended consequences of the citizen initiative. The Police Department’s position is not the social aspect but public safety and impacts to the community. Councilmember Fraley-Monillas asked what the Police Department would do to protect themselves if medical marijuana dispensaries became legal. Assistant Chief Lawless answered it would be on a case- by-case basis. If medical marijuana dispensaries become legal and they are operating within the confines of the law, nothing would be done. The problem is determining whether the dispensary is operating within the confines of the law, charging for marijuana, etc. Councilmember Fraley-Monillas asked how the Police Department could be kept safe. Assistant Chief Lawless responded if no one had ill intensions, problems would be limited. He acknowledged adopting the ordinance would not keep the community safe but it may help. In California and Oregon medical marijuana dispensaries have drawn a criminal element. The legislature will attempt to address issues this session. The sale and possession of marijuana is illegal under state and federal law and the Police Department is sworn to uphold state, local and federal law. Ultimately it will need to be addressed at the state and federal level. Councilmember Buckshnis thanked staff for their research. She relayed the experience of her nephew attending San Diego State, his entire dorm floor was robbed because one person was growing two plants. She agreed it invited problems and increased crime. Councilmember Wilson asked how the City Clerk’s Office responded to someone applying for a license for a gambling facility. Mr. Snyder advised uses that are illegal under state and federal law are not entitled to receive a business license. City Clerk Sandy Chase summarized they would not be issued a business license. Councilmember Wilson noted a medical marijuana dispensary was illegal under state and federal Packet Page 7 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 5 law and he assumed someone applying for a business license for that type of business would not be granted a business license. Ms. Chase answered that was part of tonight’s discussion and the action requested. She agreed a medical marijuana dispensary was not a legal use and could not be granted a business license. There is a pending business license application awaiting Council action tonight. Councilmember Wilson commented whether or not the Council passed a moratorium, a medical marijuana dispensary would not be allowed as a legal use in Edmonds and could not be granted a business license. Mr. Snyder agreed. Councilmember Wilson summarized passing a moratorium did not change the legality of the use, passing the moratorium would allow time for the Legislature to act so that staff is not placed in an indefensible position, making a judgment regarding the City’s social policy. Mr. Snyder agreed that was one of the aspects. One of the reasons this was identified as a zoning ordinance was if the Council chose to take no action, a medical marijuana dispensary can locate in any zone where a drugstore is allowed. Even if the Legislature acts on the industry bill, there is still a role for zoning. Having that discussion before businesses go to the time and expense to locate in areas that it may later be determined are not appropriate avoids any discussion regarding grandfathering. With regard to Councilmember Fraley-Monillas’ question, Police Chief Compaan explained until and unless the Legislature provides some structure, there will not be any consistency statewide in how the issue is approached. Until the Legislature provides some structure, the Police Department as well as legitimate patients will be in an untenable position. Police Chief Compaan relayed staff’s recommendation, that the Council impose a moratorium. In the interim he was hopeful the Legislature would provide guidance. He anticipated several bills with different approaches would be introduced during this legislative session. He was hopeful before the session concluded a bill would come out of committee to the floor that would be a win-win for all the interested parties. From his standpoint, the party without a legitimate interest is the underground element that unfortunately has become apparent in a variety of jurisdictions including in the Puget Sound area. Legitimate patients, law enforcement and the community do not want that. Support for the recommendation includes the Washington State Department of Health’s statement that medical marijuana dispensaries are illegal, Initiative 692 does not authorize dispensaries, and the sale, possession, cultivation and use of marijuana is still legal under state and federal law with the exception in Washington and few other states for those certified by qualified medical providers who need medical marijuana to treat a medical condition. The moratorium will provide an opportunity for further review by Edmonds as well as the Legislature. Guidance by the Legislature would allow for uniformity between jurisdictions in the approach to medical marijuana dispensaries. He summarized the people lost in the shuffle were those with physicians who feel medical marijuana is an appropriate course of treatment. Mr. Snyder emphasized nothing in staff’s recommended approach would target or change the right of qualified patients and qualified providers to dispense medical marijuana. Although the Department of Health has stated medical marijuana dispensaries are an illegal use, the Department of Revenue is interested in collecting sales tax from dispensaries. Councilmember Wilson recalled one existing medical marijuana dispensary in the City was found as a result of fire inspection. Fire Marshal John Westfall explained the Fire Department inspects all new businesses and advises them to obtain a license if they have not already done so. The inspector discovered violations in the business such as wiring issues and no business license. The Fire Department has not yet done a follow-up inspection. Councilmember Wilson recalled there were 8-12 plugs in one outlet, a clear fire hazard for the other 6-7 businesses in the building. Fire Marshal Westfall agreed there were wiring issues, noting that type of business requires heat and electricity. Packet Page 8 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 6 Councilmember Wilson recalled during the last legislative session the Council voted 5-2 to support a bill regarding medical marijuana. Councilmember Bernheim clarified the resolution the Council adopted was to support reducing the penalty from a misdemeanor to an infraction. Councilmember Bernheim inquired whether the moratorium would affect the rights of a legitimate dispensary. Mr. Snyder clarified there are two affirmative defenses provided, 1) a qualified provider (who provides to only one person) and 2) a qualified patient (a patient with a prescription). The initiative assumed a patient would grow their own marijuana or have it provided to them by one person who can only provide to one patient. Mayor Cooper opened the public participation portion of the public hearing. Dave Page, Edmonds, stated his belief that over 50% of the people growing marijuana were growing it to resell and/or smoke. Two years ago he was diagnosed with rheumatoid arthritis. During the time he was being evaluated, none of the medications the doctors provided offered relief. Someone suggested he try marijuana. In desperation he did and it worked. He believed marijuana was so prevalent that anyone under 70 who wanted marijuana only needed to tell a few friends. He summarized there were some people who really needed marijuana for medical reasons; he is now on a prescription medication. He would not be concerned if there were 2-3 legitimate medical marijuana dispensaries in Edmonds. Michael Osborn, Seattle Hemp Fest member, emphasized all the legislation was very confusing. The definition of dispensary was to dispense; as a designated provider, he is dispensing. He suggested the Council consider specific language and consult people who are involved – the patients, providers, and dispensaries – to find out how to work together to make it safe for everyone. With regard to the example Assistant Chief Lawless provided regarding a security guard killed outside a medical marijuana dispensary, he pointed out a security guard was trampled on Black Friday by patrons going to a sale. He objected to the way medical marijuana dispensaries are villainized; when a security guard is killed at a medical marijuana dispensary, it is blamed on medical marijuana, not the person who did the robbery. Al Rutledge, Edmonds, commented medical marijuana was a medical problem. He suggested addressing medical marijuana dispensaries the same as adult entertainment businesses, zoning one area of the city where they would be allowed. Dawn Darington, Founder and CEO, Hemp Cloud University and Hemp Lab Wellness Center, and a medical marijuana patient, pointed out the first law passed in the United States in 1619 regarding medical marijuana required all landowners to grow hemp. Hemp cannabis is an incredible product that provides food, clothing, shelter, caulking for ships, and medicine. Until 1941, an ounce of marijuana could be purchased at a pharmacy. The current laws regarding marijuana are the result of politics, greed, racism and ambition. Washington State law is the most generous and most vague of all the medical marijuana laws. The law does not protect patients or providers. Until now, her group has not sold medical marijuana; they do low cost physician evaluations and teach classes on how to grow your own marijuana, the preferred method to ensure quality organic medicine. She pointed out in Washington State medical marijuana is not prescribed, it is a recommendation and a defense in court. She tells her students that the further they go from the center of Seattle, the more danger they are in because law enforcement is not educated on the issue. She offered to talk to any group about medical marijuana. She referred to a letter she received from the Department of Revenue stating she was required to charge sales tax on the sale of marijuana. DOR knows medical marijuana is being sold and donations do not actually work. When Washington became a medical marijuana state in 1998, there was no one to provide the marijuana except criminals. She concluded pharmacies are not outlawed because pharmacists have been shot during a robbery; there needs to be better security and the Police Department, City Council, patients and the community need to work together. Packet Page 9 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 7 Hearing no further comment, Mayor Cooper closed the public participation portion of the public hearing. In response to speakers’ comments, Mr. Snyder explained the moratorium attempted to provide direction by identifying an illegal dispensary as one that has more than one month supply for one patient and any sale of marijuana. The purpose of a zoning moratorium is to set the rule; to hold things in place while rules are established. The hope is the Legislature will provide some direction. He concluded the Police Department, the City Council, administration and he supported the laws of the State of Washington and the United States. Councilmember Wilson reiterated a medical marijuana dispensary would be an illegal use whether or not the Council passed the zoning moratorium. The purpose is to develop better regulations. If the moratorium passes, he encouraged the audience to continue to be engaged particularly if the Legislature does not provide direction. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT ORDINANCE NO. 3833 A ZONING MORATORIUM ON THE ESTABLISHMENT OF MEDICAL MARIJUANA DISPENSARIES AND DECLARING THEM TO BE AN ILLEGAL USE UNDER STATE LAW AND THE CITY’S ZONING CODE. Councilmember Buckshnis commented before her father passed away eleven years ago, he obtained his medical marijuana from Costco. She urged caution regarding how medical marijuana was dispensed. Councilmember Bernheim did not find it necessary to pass a moratorium as the applications for a business license would be denied regardless of whether the moratorium was adopted. His mother was also a medical marijuana user during her illness. He will not support the motion as his preference is to have the business licenses denied and allow the Legislature to provide direction. Council President Peterson said he would support the motion. It is apparent in staff’s presentation and the public who spoke that there is a lack of legitimacy. The opportunity to take advantage of those in need is compounded when there is no structure in place. He will continue working on the issue with the Legislature due to the importance of medical marijuana. If the Legislature does not provide any direction, he suggested revisiting the issue when the moratorium expires. If the Legislature does take action, the moratorium can be revisited sooner than six months. Councilmember Fraley-Monillas explained as a cancer patient, her doctor gave her the choice and allowed her to make the decision based on her need now or in the future. In order for the City to do this correctly; the Legislature needs to provide clear direction. At this time she did not support allowing medical marijuana dispensaries because they could not obtain a business license. Her physician said he knew where to obtain medical marijuana. Edmonds does not have the authority to allow medical marijuana dispensaries. She planned to contact her legislative representatives and urged the Council and the public to encourage their representatives to urge the Legislature to provide clear direction. MOTION CARRIED (6-1), COUNCILMEMBER BERNHEIM VOTING NO. Mayor Cooper thanked the Council for their professional consideration of this item, recognizing it as an issue that many members of the Council and the community are passionate about. Mr. Snyder advised a zoning moratorium expires six months after the date of passage. He was hopeful discussion of zoning would continue at the Planning Board level. 4. CONSIDERATION OF AN ORDINANCE AMENDING THE PROVISIONS OF CHAPTER 4.72 ECC TO ESTABLISH AN APPEAL PROCEDURE FOR THE DENIAL OF A BUSINESS LICENSE AND CLARIFYING CERTAIN TERMS AND PROCEDURES City Attorney Scott Snyder explained the City’s business license provisions include an appeal procedure for a revoked or suspended license but there is no procedure to appeal the denial of a business license Packet Page 10 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 8 application. A denied applicant always has the right to go to Superior Court but it has been the Council’s desire to have appeals heard at the local level and the ability for an administrative remedy at an early stage is preferable. He suggested the Council adopt revisions to the ECC to provide an appeal process. He also suggested minor changes such as defining “day” as “business day.” He requested the Council provide direction regarding whether to use the Hearing Examiner or the City Council as the appeal route. The current ordinance regarding suspension of a business license states the Council both suspends the license as well as hears appeals. He suggested the Council not do both, suggesting since the Mayor and City Clerk are responsible for issuing business licenses, they make the initial determination and the appeal be determined by the Council. Councilmember Bernheim inquired about the grounds for denial of a license. Mr. Snyder responded reasons could be an illegal use, violation of a zoning or building code provision, etc. Councilmember Plunkett pointed out rather than providing two ordinances, one with the Hearing Examiner as the appeal body and another with the Council as the appeal body, the ordinance provided has both and the motion will need to specify whether the appeal body is the Council or Hearing Examiner. Councilmember Bernheim inquired whether “day” was already defined in the code. Mr. Snyder answered not in that chapter. Day was defined differently in different chapters and although it is addressed in the ECDC, this is the ECC. Councilmember Bernheim pointed out the ordinance contains a 30 day appeal period and asked whether that should be reduced. Mr. Snyder advised the appeal period was reduced to 20 days. Councilmember Bernheim noted Section 4.72.055, denial of a license hearing, still stated 30 days. Mr. Snyder advised that was the current provision, it could be shortened. Councilmember Plunkett asked the cost to file an appeal to the Hearing Examiner. Mr. Snyder explained because this would be a constitutionally required hearing, a fee was not proposed. The cost is part of the City’s cost of doing business. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO ADOPT ORDINANCE NO. 3834, AMENDING THE PROVISIONS OF CHAPTER 4.72 ECC TO ESTABLISH AN APPEAL PROCEDURE FOR THE DENIAL OF A BUSINESS LICENSE AND CLARIFYING CERTAIN TERMS AND PROCEDURES, WITH THE APPEAL PATH TO THE CITY COUNCIL. Council President Peterson expressed concern with appeals to the City Council because it is a technical appeal process and the possibility that the Council, as a legislative body, could be influenced. He preferred to have the Hearing Examiner hear appeals, particularly since there would be no cost to the appellant. Councilmember Plunkett commented the Council was not unduly influenced when sitting as a quasi judicial body and he did not believe the Council would be influenced in an appeal of a business license. Councilmembers are obligated to disclose any interest that may influence their decision. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO AMEND THE MOTION TO CHANGE THE APPEAL PATH FROM CITY COUNCIL TO THE HEARING EXAMINER. Councilmember Bernheim agreed with Council President Peterson that it was appropriate to have appeals to the Hearing Examiner. Packet Page 11 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 9 Councilmember Wilson agreed, citing a women’s health clinic that provides abortion services as an example, anticipating politics may influence the decision. UPON ROLL CALL, THE VOTE ON THE AMENDMENT CARRIED (4-3), COUNCIL PRESIDENT PETERSON AND COUNCILMEMBERS BERNHEIM, BUCKSHNIS AND WILSON VOTING YES; AND COUNCILMEMBERS PETSO, FRALEY-MONILLAS, AND PLUNKETT VOTING NO. THE VOTE ON THE MAIN MOTION AS AMENDED CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Al Rutledge, Edmonds, referred to the Governor’s proposal to form a ferry district, advising people are beginning to change their mind on the Edmonds terminal project. He referred to a June 3, 2010 Hearing Examiner meeting regarding a noise variance for the Edmonds ferry terminal pavement replacement, explaining that project also included resurfacing of the transfer span and retained fill areas, repairing storm drain sinkholes and other work at the Edmonds terminal. A budget cut in the transportation budget by the Governor in May 2010 impacted that project. He suggested that if a ferry district were formed, Edmonds residents be appointed to the governing board. He was opposed to any additional taxes. Dave Page, Edmonds, pointed out most City staff took nine mandated furlough days last year. He recalled the original levy committee was concerned with funding for the remainder of the year and Yost Pool was in danger of closing until it was funded via private fundraising efforts. He expressed concern with the Council’s decision to buy parks with the $1.3 million the City received from the sale of fire equipment. He was also concerned with the Council’s decision to pay off City Hall bonds that had a 4% interest rate. He summarized the Council’s decision to spend $1.3 million on parks would likely deter citizens from approving a levy. Roger Hertrich, Edmonds, disagreed with Mr. Page, commenting there were very low interest rates for investing the $1.3 million. Paying off the City Hall bonds would free up approximately $750,000 in unencumbered REET funds. If the City was able to obtain a grant for the purchase of a park, the value of the funds increased by 50%. He recalled the City’s attempt to purchase property in the mid-waterfront area was unsuccessful because REET funds were encumbered by bond payments. Had those funds been available, the City could have spent $1 million and obtained $500,000 in grants. He referred to a report to the Finance Committee that indicate because departments had lowered costs there was $500,000 more than budgeted. 6. RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, OPPOSING THE CREATION OF A REGIONAL WASHINGTON STATE FERRIES DISTRICT THAT WOULD RESULT IN PARTIALLY SHIFTING THE STATE RESPONSIBILITY TO OPERATE AND MAINTAIN A STATEWIDE TRANSPORTATION INFRASTRUCTURE TO LOCAL COMMUNITIES. Community Services/Economic Development Director Stephen Clifton explained the Council packet contains a resolution opposing the Governor’s proposal to create a regional Washington State Ferries District. The resolution cites several reasons why the Mayor and staff oppose the proposal including that the marine highway system is considered a highway of statewide significance and the proposed action would tax those who live near the highway system and not tax those living further away. Gas taxes are already used to fund in part the WSF system. The proposal to create a regional Ferries District would create another tax to fund a major highway system, thereby double taxing those who live near the ferry terminal. The proposal would also jeopardize the State’s substantial investment in ferry facilities and operations by creating a regional Ferries District whose funding recommendations are subject to voter Packet Page 12 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 10 approval, thus increasing uncertainty regarding availability of funding for necessary capital, operational and maintenance needs. Mr. Clifton advised Mayor Cooper, Public Works Director Phil Williams and he participated in a conference call with the WSF Executive Director and numerous representatives from King, Snohomish and Pierce Counties; everyone was unanimously opposed to the Governor’s proposal. Councilmember Wilson echoed the rationale cited by Mr. Clifton. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO AUTHORIZE THE MAYOR TO SIGN RESOLUTION NO. 1244 ON BEHALF OF THE CITY OF EDMONDS OPPOSING THE CREATION OF A REGIONAL WASHINGTON STATE FERRIES DISTRICT. Councilmember Bernheim commented this was a political maneuver; when Governor Gregoire floated this balloon she knew no one would support it. The purpose was to demonstrate to the anti tax group that some type of solution needs to be developed, it is not enough just to say you do not want to pay for it. He felt the resolution played into the politicization without offering a real solution. Mayor Cooper asked Councilmember Bernheim if he would support amending the resolution to recommend a 3 cent increase in the gas tax to fund a Ferries District. Councilmember Bernheim answered he would definitely support that. He supported increasing the gas tax to fund public transportation and to limit the consumption of gas. Councilmember Wilson commented although some may think the Governor floated this balloon to the anti-tax community, he believed it was a legitimate policy proposal by Governor Gregoire and was a way for the State legislature and government to remove itself from funding liabilities. The ferry system is the State’s responsibility and they are looking for loopholes. He supported the City loudly opposing the creation of a Ferries District. Council President Peterson agreed with Councilmember Wilson, finding this an example of trickle down economics. He thanked staff and the Mayor for developing the resolution. Councilmember Wilson echoed Council President Peterson’s commendation of staff and the Mayor for following this issue. THE VOTE ON THE MOTION CARRIED UNANIMOUSLY. Mayor Cooper noted the Governor mentioned the creation of a Ferries District in her State of the State message and asked the Legislature to approve it. He committed to working with Representative Liias and speaking out in favor of a dedicated revenue source for roads, transit and ferries, if/when the Legislature puts a revenue package before the voters. 7. COMMUNITY SOLAR AGREEMENTS Public Works Director Phil Williams recalled when the community solar project was proposed to the Council late last year, the Council directed staff to work with the sponsors to negotiate agreements to implement the project and bring them to the Council for consideration. The City needs a lease agreement for the roof of the Frances Anderson Center (FAC) to execute the project as well as a power purchase agreement. He introduced Mark Mayes, Carlo Voli, and Chris Herman, Sustainable Edmonds and Edmonds Community Solar Co-op, and Stanley Florek, CEO, Tangerine Power. Packet Page 13 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 11 Mr. Mays explained Sustainable Edmonds instigated the startup of this project and formed Edmonds Community Solar Cooperative. During the last presentation there was no entity into which the City could enter into an agreement. There are currently 12 members of the Co-op who are also eligible to become officers of the Co-op. To facilitate the formation of the Co-op, they enlisted Stanley Florek and Tangerine Power to provide legal and corporate structure and proposals for lease and service agreements (power purchase agreement). Mr. Florek explained Edmonds Community Solar Co-op incorporated December 8, 2010. The City’s risks are reduced by: • Preparation of a lease agreement and energy services agreement defining the City’s and the Co- op’s responsibilities and benefits • Property insurance and taxes will all be paid by the Co-op • Phased approach to funding and construction, the Council to decide whether to grant the Co-op a lease of the entire FAC rooftop or a portion Mr. Florek relayed the Co-op’s request for the Council to approve, 1) Solar Roof Lease, and 2) Solar Energy Services Agreement (aka Power Purchase Agreement) so they may build and operate a Community Solar Power System on the FAC. He displayed the project sales website, advising there has already been $14,000 in commitments from 12 members in the local community. He provided an overview of the roof lease: • Lease term is from approval through June 2020 (approximately 9.5 years), when a Washington State production incentive/payment for green power sunsets. This is one of the funding mechanisms that will pay back investors over time • Roof access and construction rights only when coordinated with City facilities personnel • Co-op will insure its own equipment • Panels will be weighted down, not attached to building (weighted “ballasted” solar panel racking system). No penetration of roof other than 1-2 wires to provide generated electricity to a service panel in the facility • $3/kilowatt lease income to City up to $225/year (under the $250/year limit for state excise tax) He provided an overview of the energy services agreement: • City accepts all solar power we deliver at $.05/KWh + 3% escalator. City saves approximately $31,000 in utility costs over 9.5 years if Co-op fully subscribed • Snohomish PUD will be involved to connect system and the Co-op will facilitate an interconnection agreement with Snohomish PUD in the event of excess electricity generation • At end of term, parties to renegotiate, remove equipment or sell discounted equipment to the City • Early termination is painful to Co-op. If terminated at City’s election, City understands that it will cause significant hardship to the project as follows: o Co-op subject to repayment of up to $200,000 federal grant (if terminated years 1-5) o Decertification of State Incentive (loss of up to $75,000 per year of incentive payment through 2020) Mr. Florek identified the following items for discussion: • The Co-op requests to utilize all the available roof space on the FAC where solar could conceivably be installed and produce electricity. He displayed an aerial photograph of the FAC, identifying areas where panels could be installed. The historical nature of the center building makes that portion unavailable for solar panels. If the City’s grants access to the entire roof, they can engineer all the entire system and equipment installed as additional funding is provided by investors. Packet Page 14 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 12 • Early termination penalty to be defined • Bonding for system removal after abandonment He reviewed the City’s electricity savings if the full 75 kilowatt system is funded and installed in 2011 is $31,817.77 over the 9.5 year period. He briefly reviewed the Co-op’s estimated financials including revenue from Co-op member contributions; materials, installation and design; development fee, etc. over the 9.5 year period. He summarized the Council’s approval to enter into the two agreements will allow community members to access a roof in their community, provide a long term relationship defining the terms, allow the City to receive discounted power, and produce revenue for the Co-op to meet its obligations. Councilmember Plunkett referred to Mr. Florek’s comment regarding the historical nature of the center of the building and asked where the panels would be located. Mr. Florek identified the historical portion of the building that was constructed in 1928. He also identified areas of the roof where panels could be located, advising the actual location would be determined by the selected installer. Councilmember Plunkett pointed out the portion of the building to the west of the 1928 portion is also older. Mr. Herman answered it was built in 1947. He clarified they were not considering installing panels on the 1928 portion but were considering the 1947 portion. Councilmember Plunkett inquired if reflection of light from the panels could shine into residences. Mr. Herman advised the optimum angle to make the best use of the roof is approximately 15 degrees or 18 inches off the roof. When the sun’s angle is at its highest point at 65 degrees, the only visible reflection would be from an airplane; the same is true when the sun is at 20 degrees at winter solstice. He explained the Silicon energy panels have an anti-reflective coating on the surface of the glass. Councilmember Plunkett asked whether there had been complaints regarding reflection in other installations in urban areas. Mr. Herman answered the only complaints were from pilots in San Diego regarding panels that were installed on a parking structure at the airport. Councilmember Buckshnis expressed surprise that none of the questions she asked at the first presentation were answered. The Council approved it in principle based on receiving additional information. Her questions included: • Is another location feasible in view of the historical nature of the FAC? • Only five houses can be powered; why not put the panels on those houses? • What’s in it for the City? • Revenue generated only provides job security for someone. • Will free electricity be provided to the FAC? Mr. Florek offered to have his PowerPoint presentation provided to the Council. In response to the question regarding an alternate location, Mr. Herman explained the FAC was selected because it is a community center, it has southern exposure, City staff identified it, and the roof is only two years old. Councilmember Buckshnis relayed her concern that the FAC is historically designated and whether the roof could support the panels. She reiterated her concern that her list of questions had not been addressed. Mr. Herman advised they were directed to work with staff on the details. He has been on the roof three times doing a site assessment and measurements. With regard to structural issues, Mr. Herman explained they did not want to incur the cost of a structural engineer before an agreement was in place. In his experience there has not been a building whose roof was not strong enough to support the panels. With regard to Councilmember Buckshnis’ comment regarding job security, he noted none of them were getting paid. He is managing the project at no charge Packet Page 15 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 13 and was hopeful the federal and state incentives would provide a return for the Co-op. With regard to the number of houses that could be powered, Mr. Herman explained 5 average houses or 25 efficient houses. In response to what’s in it for the City, Mr. Herman answered the benefits are: • Discounted power for the next 9.5 years • Opportunity for people in the city to take advantage of a 30% federal grant, • $1.08/KWh for everything the system makes for the next 9.5 years • An opportunity to invest in solar power if a citizen does not have an appropriate roof or does not own their roof • Sale of renewable energy credits for $0.04/KWh • $225/year roof lease and $0.05/KWh for the next 9.5 years versus $0.08/KWh Councilmember Buckshnis commented she was not ready to approve the agreements without answers to her questions. Councilmember Petso recalled a smaller project was to be approved for a small portion of the FAC roof. Mr. Herman explained there are five roofs on the south side of the FAC. Without laying out the system, they were not certain which areas would be necessary. An agreement could be drafted for all the roofs that may be appropriate. He described his site assessment/measurements of the FAC roof to determine where panels could best be installed. Councilmember Petso asked how much larger an area was now being contemplated. Mr. Herman advised the five roofs on the south side are approximately 7500 square feet. The initial proposal was the three roofs on the southwest side. With the side-shading from the 2-story portion of the building, it was necessary to consider the south roof. Councilmember Petso observed the estimated savings was $31,000 over 9.5 years. Mr. Herman explained that amount is based on assumptions including the escalation of power rates. Councilmember Petso observed it could be less. Mr. Herman assumed power rates would increase at least 3% for the next 9 years. Councilmember Petso noted the City likely had spent more in legal fees than the project would return to the City. Councilmember Plunkett asked Mr. Herman’s experience with installing moderate to large systems. Mr. Herman answered he has designed dozens. Councilmember Plunkett asked how many were installed without a structural engineer reviewing the building. Mr. Herman answered none of them; a structural engineer always looks at the building. Councilmember Plunkett recalled Mr. Herman stated they did not plan to have a structural engineer look at the building. Mr. Herman clarified they had not done it yet. The money that members of the Co-op have paid has not been spent; if the project does not proceed, the money will be returned. Student Representative Gibson asked the number of kilowatts the FAC used on average per hour. Mr. Herman answered the high is 200,000 KWh/month. This system will not produce the amount of energy the building uses. During a site assessment with the potential installer, Snohomish PUD’s interconnection inspector was present to ensure the transformer was big enough to handle the biggest system they could install. The transformer at the street and the power conditioning equipment inside the building were also inspected and found capable of handling the biggest system. State law limits the size of a community solar project to 75 kilowatts or approximately 7500 square feet of solar panels. City Attorney Scott Snyder explained the Council previously approved the solar project in concept but there were a number of unanswered questions. Staff has been careful not to devote a great deal of staff legal time to the project. The agreement has been refined to cover the basic business provisions and have Packet Page 16 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 14 identified two major issues. Phased development or expansion – when the Council and Committee reviewed this project, they understood the Council’s go-ahead to be very limited. This appears to be a good pilot project with minimal economic benefits to the City and significant downside risks the Council must be aware of. If the Council is interested in a small project to a do a good thing to advance solar power in the community, this is an appropriate project. Staff has reservations with anything that appears to be a right of first refusal or license to use an expanded area. Several Councilmembers have raised the issue of the return; $225 is the minimum amount on which lease hold sales tax does not need to be paid. The benefits to the City are reduced power costs, $31,000 over the life of the 9.5 year agreement. There is a great deal of risk for the Co-op in the event of early termination; investors would be out $200,000 if that occurred in the first 3 years plus the tax credits of $75,000/year. The first draft contained an early termination fee to cover their out-of-pocket costs plus $75,000. The total could be nearly $1 million for a $31,000 benefit. The agreement now contains a “to be negotiated” for the early termination fee. Mr. Snyder explained if the panels are located on any portion of FAC that is on the historic register, a Certificate of Appropriateness will need to be issued upon review of all features of the property interior and exterior that contribute to the designation and are listed on the nomination. He doubted the flat roof of the FAC was listed on the nomination. If the Council chooses to proceed, much of the benefits will be good things in the community and education, not a great deal of revenue and there is potential for significant costs if problems arise. Mr. Williams noted he likes the project and there are a number of good elements although they are not financial. There are risks although a risk assessment likely would find a low likelihood of those occurring. He summarized although the risks are not huge, the financial benefit to the City is also not huge. He supported the project if the details can be worked out. Mr. Snyder pointed out page 4, paragraph 6.1 of the initial lease agreement provides for structural evaluation by a licensed engineer prior to proceeding. He noted much of the value to the investors is from federal tax credits. The way the agreements are currently structured, much of the burden could fall on the City unless the amount is reduced. He cautioned the Council to be careful about the agreements they entered into because it will be difficult to undo. With regard to the historic nature of the Frances Anderson Center and listing on the historic register, Mr. Williams relayed Planning Manager Rob Chave’s assurance that a Certificate of Appropriateness was obtainable. Councilmember Buckshnis inquired about the possible obsolescence of the panels at the end of the 9 year period. She was concerned with a startup Co-op placing solar panels on a premier downtown building. Mr. Herman explained the Co-op was created specifically for this project. He has been in business 23 years; he clarified he had not been involved in dozens of projects of this size. The installer for the first phase of the project has been involved with many large projects. The Silicon Energy Panels are made in Marysville. The Natural Renewable Energy Lab recently conducted destructive testing of 20 of the largest panel manufacturers in the world and Silicon Energy Panels because they are made differently than other panels. All the other panel manufacturers failed after two weeks, Silicon Energy has still not failed after five weeks of testing. The panels are warranted for 20 years. There is no maintenance required of the panels; there are no moving parts and they are rated for golf ball size hail at 50 mph. An inverter may need to be replaced in 10 years but that is inexpensive. The panels will sit on the roof making energy. Councilmember Buckshnis inquired about alternate sites. Mr. Herman answered consideration had been given to the Edmonds Marina and the Public Safety building. The educational nature of the FAC and it being a centerpiece of the City made it an ideal site. City staff originally suggested the FAC. Packet Page 17 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 15 Councilmember Buckshnis referred to a question she posed previously, if this had been done before, and the response that it had not been done in Washington; had been done in Colorado but had yet to be certified. She pointed out this is a very new concept and she was concerned with locating panels on the FAC. She commented on reflection from panels on Councilmember Bernheim’s home. Mr. Herman remarked those panels were 10 feet off the ground. He advised there are community solar projects in Ellensburg and Okanogan Public Utility but both were utility-owned community projects. Councilmember Buckshnis expressed interest in further review of the information. Mr. Herman offered to respond to all Councilmember Buckshnis’ questions. Councilmember Plunkett asked about bonding. Mr. Snyder answered bonding was one approach, another way would be if the Co-op defaults, the equipment reverts to the City. However, because a lender will be involved, the lender would have superior rights. The current obligation is to remove the panels and store them at the lessee’s expense. The problem arises if it is a default corporation. Mr. Herman advised they did not plan to have a lender. His preference was for the Co-op to stay out of debt. Councilmember Plunkett referred to Mr. Snyder’s indication that the City could be responsible for the federal tax credit in the event of early termination. Mr. Snyder answered this was flagged as an issue but had not yet been worked out to avoid expending a great deal on legal fees. He referred to Section b on page 12 of the Power Purchase Agreement regarding the amount the Customer (City) would pay if the agreement were terminated after the Commercial Operation Date, explaining it was originally $75,000/year. When he indicated that amount would be a non-starter, it was changed to “an amount to be negotiated.” He remarked what the Co-op was requesting was not unfair but in the event of early termination someone would bear the $200,000 in upfront tax credits and $75,000/year. He summarized the City would realize $31,000 over 9.5 years but there is considerable risk that needs to be allocated. He sought the Council’s direction regarding how the risk was allocated. Councilmember Plunkett asked why the City could be responsible for the federal tax credit if it was the Co-op’s project. Mr. Snyder answered if the City terminates, the federal government will require the tax credit to be returned. Mr. Florek explained the US Treasury and IRS require that if the Co-op receives a 30% rebate and the City terminates in years 1-5, the $200,000 in federal grant funds be repaid. The amount is prorated over the first five years, 20% per year. Councilmember Plunkett clarified if the City terminates in years 1-5, the City could be responsible for as much as $75,000/year. Mr. Florek commented that scenario would only occur if the termination were without cause. There are a series of causes listed in the agreement. Councilmember Plunkett commented “cause” can be an expensive legal issue to resolve. Councilmember Fraley-Monillas asked whether closure of the FAC would be “for cause.” Mr. Snyder advised the agreement addresses work being done on the building. The more building that is covered, the more likely construction would be necessary during the 9 year period. There are provisions for relocation of the facilities but all would have financial consequences for the Co-op and the City. Councilmember Wilson commented the Council had spent a great deal of time tonight discussing this topic and clearly there were continuing concerns. He suggested the Council provide staff direction via a motion to continue answering questions, etc. Council President Peterson commented many of the questions asked tonight were addressed in the Community Services/Development Services Committee meeting. He agreed with providing direction to staff and requested the questions recorded in the minutes of the previous presentation be forwarded to the representatives. Packet Page 18 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 16 Councilmember Petso asked Mr. Williams if there had been discussions regarding how often City staff would need to visit the roof. Mr. Williams answered it would not be a common occurrence. He noted if the City were required to cancel the agreement for reasons other than those listed for cause, clearly both parties would have a desire to mitigate whatever damages would arise. One option would be to move the panels to another location. Councilmember Petso asked if the roof would need to be accessed 2-3 times a year. Mr. Herman answered most customers never clean the panels. In Zion National Park the panels were cleaned annually; before they were cleaned one year, a meter determined the loss was only 10%. He anticipated the rain in this area would be sufficient to clean the panels. Mr. Snyder advised the agreements guaranteed access to the panels, conduits, pipes and other structures. Mr. Herman advised access to the roof is kept to a bare minimum. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO REQUEST STAFF RETURN WITH A RECOMMENDED ACTION, YES OR NO, DEPENDING ON NEGOTIATIONS, NEGOTIATIONS TO LIMIT THE CITY’S DOWNSIDE TO THE GREATEST EXTENT POSSIBLE INCLUDING ELIMINATING THE CITY PICKING UP THE LIABILITY FOR THOSE SHAREHOLDER INVESTMENTS, CONSIDERATION OF SOME SORT OF BONDING EFFORT THAT WOULD BE IN PLACE SHOULD AN EVENT NECESSITATE SOMEONE MOVING THE PANELS, AND CONSIDERATION BE GIVEN TO ALTERNATE LOCATIONS. Councilmember Wilson commented the City was open-minded about the community solar project but could not spend this amount of time reviewing it. Councilmember Plunkett was uncertain which portions of the FAC were on the historic register. If the 1947 portion is included, a Certificate of Appropriateness from the Historic Preservation Commission (HPC) will be required. Councilmember Plunkett offered and Councilmember Wilson and Council President Peterson accepted the following as a friendly amendment: TO HAVE THE ITEM SENT TO THE HISTORIC PRESERVATION COMMISSION FOR EITHER REVIEW FOR A POTENTIAL CERTIFICATE OF APPROPRIATENESS OR IF A CERTIFICATE IS NOT NEEDED, THE HISTORIC PRESERVATION COMMISSION’S OPINION REGARDING PLACING SOLAR PANELS ON A SIGNIFICANT HISTORIC BUILDING. Councilmember Wilson preferred the HPC’s decision not bind the Council in any way. Councilmember Plunkett responded if the 1928 and 1947 portions of the FAC are on the historic register, a Certificate of Appropriateness will be required. He was uncertain whether the Council could override the requirement for a Certificate. He acknowledged that buildings could be removed from the historic registry. Councilmember Bernheim expressed his wholehearted support for the community solar project due to the positive aspects. Most of the negative comments/dissatisfaction is due to a lack of knowledge. This is a federal demonstration project to put solar panels on public buildings to illustrate it can be done. The panels provide cheap power to the City; the City will buy the power the panels create at less than commercial rates. The power is renewable. With regard to the historical nature of the building, he noted the honor afforded Frances Anderson was due to her interest in the community; this solar project is a community building effort. The FAC is an ideal site and it being built in 1928 does not preclude installing solar panels on the roof. With regard to the termination provisions, he questioned why the City would want to terminate the agreement. He acknowledged there were risks to be negotiated but they were not serious risks. The panels are removable. He encouraged the Council to look at what could be learned from this project rather than focusing on how it could fail. Councilmember Petso referred to the Council’s commitment to reduce legal fees in 2011. She was not supportive of the motion if it directed staff including Mr. Snyder to invest time in negotiations. As Packet Page 19 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 17 wonderful as it would be to have a demonstration project, she did not want to do it at the cost of an enormous amount of Mr. Snyder’s time. Councilmember Plunkett asked how much time Mr. Snyder would spend on the negotiations. Mr. Snyder estimated he has spent 5-6 hours to date and estimated another 4-5 hours would be required, approximately $1100. THE VOTE ON THE MOTION CARRIED (5-2), COUNCILMEMBER PETSO AND PLUNKETT VOTING NO. COUNCILMEMBER PLUNKETT MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXTEND THE MEETING FOR ONE HOUR. MOTION CARRIED (5-2), COUNCILMEMBERS BUCKSHNIS AND FRALEY-MONILLAS VOTING NO. 8. AUTHORIZATION TO EVALUATE SITE FOR PURCHASE FOR STORM WATER OR PARK USE. City Attorney Scott Snyder explained the Council has discussed this matter in executive session several times. There is an agreement until the end of February to consider an offer. This is a difficult valuation because the property was about to be placed on the market when the flooding event occurred at the height of the market. The Karlstens have offered to sell the site to the Stormwater Utility at a significant discount from what they planned to ask plus the damage sustained. He distributed assessed valuation information. He suggested a desktop appraisal from a local appraiser who could provide an assessment would be more valuable than a $10,000 MAI appraisal. He sought Council direction on the type and cost of the valuation that the Council needs for its deliberation on the settlement offer. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DIRECT STAFF TO PURSUE THE LOW COST ALTERNATIVE, AN INFORMAL EVALUATION OF A RESIDENTIAL PROPERTY BASED ON 2006 VALUE PRIOR TO FLOODING EVENT AND AUTHORIZE COSTS UP TO $1500. MOTION CARRIED UNANIMOUSLY. 8A. VOTE REGARDING PROPOSED CODE AMENDMENT TO HOME OCCUPATIONS ECDC 20.20. Councilmember Buckshnis commented she had received a number of emails and telephone calls regarding the Council’s decision on amendments to the home occupation provisions. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, FOR RECONSIDERATION OF THE ORDINANCE REGARDING HOME OCCUPATIONS ECDC 20.20. City Attorney Scott Snyder explained if the motion is approved, the matter will be re-advertised to inform the public that the Council has changed its decision. The earliest an advertised public hearing can be scheduled is February 15. Mayor Cooper clarified this is a motion to reconsider and the actual reconsideration happens at a different meeting. Councilmember Wilson suggested a final ordinance be provided at the next public hearing for the public and Council to consider. He asked whether the intent was to reconsider the direction the Council provided or to give the public an opportunity to comment and then consider those comments during the Council’s review of the final ordinance. Mr. Snyder advised there was a placeholder for this item on next week’s agenda. He recalled during the last public hearing Planner Gina Coccia mentioned a portion of the ordinance needed to be reworked. Currently all home occupations must occur within an enclosed Packet Page 20 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 18 building; however, the amendments allow urban farms. A final ordinance has been prepared that addresses that issue. MOTION CARRIED (6-1), COUNCILMEMBER WILSON VOTING NO. (Councilmember Fraley-Monillas left the meeting at 10:07 p.m.) 9. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF JANUARY 11, 2011 Finance Committee Councilmember Bernheim reported the Finance Committee reviewed proposed amendments and updates to ECC Section 2.05.010, Legal Counsel, Professional Services Contract. An important part of the selection process code was repealed 10-15 years ago and the remaining provisions had not revised. The Committee forwarded a proposed revision to the Council. The City Attorney selection process will proceed without the change to the process. The Committee was also provided the General Fund update for December 2010 and a quarterly report on fiber optics. Community Services/Development Services Committee Councilmember Plunkett reported Councilmember Fraley-Monillas was selected as Chair. He reported the Committee reviewed the following: • Proposed ordinance amending ECC 8.48.190 to update parking provisions in designated bike lanes. If there are no significant changes, it will be placed on the Consent Agenda for Council approval. • Amendment to the Lake Ballinger/McAleer Creek Watershed Forum. Approved on the Consent Agenda. • Scope of work for engineering services on the 2011 water main replacement project. Approved on the Consent Agenda. • An Interlocal Agreement with the City of Lynnwood to fund the Recycling Coordinator for 2011 and 2012. Approved on the Consent Agenda. • Report on final construction costs for Talbot Road emergency culvert repair project. Will be scheduled on a future Consent Agenda. • Report on final construction costs for the 2009 asphalt overlay project. Will be scheduled on a future Consent Agenda. • Community Solar Agreement • Addendum to professional services agreement for the Shell Valley Emergency Access project. Staff will schedule a public meeting to receive comments from Shell Valley residents. 10. MAYOR'S COMMENTS Mayor Cooper welcomed Parks & Recreation Director Carrie Hite who started work last week. Mayor Cooper invited the Council to attend an informational meeting regarding a Regional Fire Authority on January 31 in the Bracket Room. Fire Commissioners and City Councilmembers from all South Snohomish County cities have been invited to attend the informational meeting. Representatives from Kent will describe their experience. If a quorum of Councilmembers plans to attend, it will need to be noticed as a special meeting. Mayor Cooper reported a portion of the Haines Wharf building collapsed onto the pier over the weekend. Staff is exploring next steps to address the issue including whether the State Department of Ecology, Department of Natural Resources and Department of Fish and Wildlife need to be involved. The owners Packet Page 21 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 19 still have some valid permits and some that have expired. He emphasized the City did not own the property. 11. COUNCIL COMMENTS Councilmember Plunkett requested Council President Peterson advise the Council why paying off the City Hall bonds and home occupations in residential zones were scheduled on the January 25 agenda rather than the Consent Agenda as these were items the Council has passed. Councilmember Buckshnis reiterated her concern with the community solar project was that the eight questions she asked previously had not been answered. She wanted to ensure the Council’s questions were answered. Councilmember Wilson expressed appreciation for the Council’s flexibility with his schedule. His day job has been very busy, causing him to miss a meeting and leave the January 4 Council meeting early. He left the Council meeting at a point when there was no other actions listed on the agenda. However, during an agenda item to discuss refinancing bonds, from which both he and Councilmember Fraley-Monillas were absent, the Council voted 4-1 to pay down the bond debt with capital funds. He would have voted against that action. Although that action may have been well intentioned, it was probably irresponsible as it relates to fiscal planning and fiscal policy when one of the City’s primary challenges is a funding shortfall. He also found it politically short sighted; just because there are sufficient votes does not make it a good political move. He pointed out both Councilmember Fraley-Monillas and he were absent from the vote and he assumed they both would have voted against that action, resulting in a 4-3 vote. Councilmember Wilson encouraged Mayor Cooper to veto that item when it came to his desk. Should Mayor Cooper do so, it would return to Council and require 5 votes. He anticipated there were not 5 votes on the Council to approve it. It would be the first mayoral veto in at least a decade. He found it a disappointing precedent to set when with a little more foresight and/or conversation, it may have been possible to get around a well intentioned action that will cause political upheaval. In response to Councilmember Plunkett’s inquiry, Council President Peterson explained he had tentatively scheduled amendments to the home occupations regulations on January 25 at staff’s request to clarify some provisions of the ordinance. With regard to the payoff of City Hall bonds, the item on the January 25 agenda is a special budget amendment to appropriate the $1.3 million. He added a public comment period regarding that item due to the sizeable amount of money involved. Council President Peterson urged the Council to send questions to staff well before meetings. For example, staff could have been prepared tonight if they had received the questions the Council posed regarding the community solar project in advance. Council President Peterson reported the Council will be interviewing four City Attorney applicants at the February 1 Council meeting. Council President Peterson relayed the Mayor’s request to form a committee to discuss the format of the City’s financial documents. The committee will consist of three Councilmembers and two citizens. He offered to serve on the committee and invited Councilmembers to indicate their interest in serving. Councilmember Plunkett appreciated Council President Peterson scheduling public comment regarding the payoff of City Hall bonds. He suggested in the future Council President Peterson considering seeking Council’s approval before scheduling a public comment period regarding an item. (Councilmember Bernheim left the meeting at 10:25 p.m.) Packet Page 22 of 77 Edmonds City Council Draft Minutes January 18, 2011 Page 20 Councilmember Plunkett appreciated Councilmember Wilson’s comment regarding the Council vote regarding payoff of the bonds not being scheduled on the agenda. In retrospect, he wished he had suggested it be scheduled on a future agenda. However, he categorically rejected Councilmember Wilson assertion that it was done politically to manipulate the vote. He anticipated the Councilmembers who voted in favor had good reason and when discussed, it would be a very good public policy discussion. He felt Councilmember Wilson did a disservice to the other Councilmembers when he assumed it was political manipulation. Councilmember Wilson clarified he did not suggest there had been political manipulation. It was poor form for the Council to vote on a $1.3 million item that was not on the agenda and with no public comment. 12. ADJOURN With no further business, the Council meeting was adjourned at 10:28 p.m. Packet Page 23 of 77 AM-3698   Item #: 2. C. City Council Meeting Date: 01/25/2011 Time:Consent   Submitted For:Lorenzo Hines Submitted By:Nori Jacobson Department:Finance Review Committee: Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Approval of claim checks #123439 through #123520 dated January 20, 2011 for $2,233,423.96. Approval of payroll direct deposit and checks #50169 through #50196 for the period January 1, 2011 through January 15, 2011 for $637,166.11. Recommendation from Mayor and Staff Approval of claim checks and payroll direct deposit & checks. Previous Council Action N/A Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non-approval of expenditures. Fiscal Impact Fiscal Year:2011 Revenue: Expenditure:2,870,590.07 Fiscal Impact: Claims $2,233,423.96 Payroll $637,166.11 Attachments Claim Checks for 1-20-11 Form Review Inbox Reviewed By Date Finance Lorenzo Hines 01/20/2011 03:14 PM City Clerk Sandy Chase 01/20/2011 03:21 PM Mayor Mike Cooper 01/20/2011 04:45 PM Final Approval Sandy Chase 01/20/2011 05:05 PM Form Started By: Nori Jacobson Started On: 01/20/2011 09:14 AM Final Approval Date: 01/20/2011  Packet Page 24 of 77 01/20/2011 Voucher List City of Edmonds 1 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123439 1/14/2011 067609 SNOHOMISH COUNTY CITIES 100 ASSOCIATION OF SNOHOMISH COUNTY CITIES 2011 Dues. Mayor / Council shared cost. 001.000.210.513.100.490.00 100.00 Total :100.00 123440 1/20/2011 000850 ALDERWOOD WATER DISTRICT 8946 Monthly Wholesale Charges fo Monthly Wholesale Charges fo 411.000.654.534.800.330.00 95,134.50 Total :95,134.50 123441 1/20/2011 061540 ALLIED WASTE SERVICES 0197-001298364 3-0197-0807770 ENVIRONMENTAL RECOVERY FEE 411.000.656.538.800.474.65 10.64 Total :10.64 123442 1/20/2011 061540 ALLIED WASTE SERVICES 0197-001297607 FIRE STATION #20 FIRE STATION #20 001.000.651.519.920.470.00 124.19 PUBLIC WORKS FACILITY0197-001297688 Public Works Facility 001.000.650.519.910.470.00 25.46 Public Works Facility 111.000.653.542.900.470.00 96.76 Public Works Facility 411.000.652.542.900.470.00 96.76 Public Works Facility 411.000.654.534.800.470.00 96.76 Public Works Facility 411.000.655.535.800.470.00 96.76 Public Works Facility 511.000.657.548.680.470.00 96.76 MEADOWDALE CLUB HOUSE0197-001298463 garbage for MCC 001.000.651.519.920.470.00 60.02 FIRE ST 160197-01297754 1Page: Packet Page 25 of 77 01/20/2011 Voucher List City of Edmonds 2 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123442 1/20/2011 (Continued)061540 ALLIED WASTE SERVICES garbage for F/S #16 001.000.651.519.920.470.00 130.27 Total :823.74 123443 1/20/2011 064335 ANALYTICAL RESOURCES INC RZ86 NPDES TESTING NPDES TESTING 411.000.656.538.800.410.31 130.00 Total :130.00 123444 1/20/2011 069751 ARAMARK 655-5336584 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES~ 001.000.640.576.800.240.00 195.25 9.5% Sales Tax 001.000.640.576.800.240.00 18.55 Total :213.80 123445 1/20/2011 064706 AWC February AWC FEBRUARY AWC PREMIUMS February AWC Pension Premiums 617.000.510.522.200.290.00 4,517.25 February AWC Retirees Premiums 009.000.390.517.370.230.00 29,919.45 February 2011 AWC Premiums 811.000.000.231.510.000.00 290,534.90 Total :324,971.60 123446 1/20/2011 069226 BHC CONSULTANTS LLC 3640 E8GA.SERVICES THRU 12/24/10 E8GA,Services thru 12/24/10 412.300.630.594.320.410.00 4,025.35 E8GA,Services thru 12/24/10 412.100.630.594.320.410.00 1,982.63 Total :6,007.98 123447 1/20/2011 066578 BROWN AND CALDWELL 14138596 C-311 C-311 ODOR CONTROL PROJECT 414.000.656.594.320.410.10 3,278.50 2Page: Packet Page 26 of 77 01/20/2011 Voucher List City of Edmonds 3 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :3,278.50123447 1/20/2011 066578 066578 BROWN AND CALDWELL 123448 1/20/2011 073029 CANON FINANCIAL SERVICES 10703355 INV#10703355 CUST#572105 - EDMONDS PD COPIER RENTAL (4) 001.000.410.521.100.450.00 581.60 COPY CHARGES FOR (5) TO 12/31/10 001.000.410.521.100.450.00 203.21 9.5% Sales Tax 001.000.410.521.100.450.00 74.55 Total :859.36 123449 1/20/2011 065171 CARTEGRAPH SYSTEMS INC 33883 MOBILE MAPS SOFTWARE Mobile Maps Software 001.000.620.532.200.350.00 615.00 Total :615.00 123450 1/20/2011 064840 CHAPUT, KAREN E CHAPUT13464 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #13464 001.000.640.574.200.410.00 92.40 Total :92.40 123451 1/20/2011 073543 CHRISTIE LAW GROUP, PLLC 3291 Prof Legal Services- Buckshnis/Plunkett Prof Legal Services- Buckshnis/Plunkett 001.000.110.511.100.410.00 2,890.00 Total :2,890.00 123452 1/20/2011 065682 CHS ENGINEERS LLC 450901-1012 E9GA.SERVICES FOR DECEMBER 2010 E9GA.Services for December 2010 412.300.630.594.320.410.00 10,775.04 Total :10,775.04 123453 1/20/2011 019215 CITY OF LYNNWOOD 8399 INV#8399 CUST#45 - EDMONDS PD NARC NEXTEL PHONES - DEC 2010 104.000.410.521.210.420.00 56.31 Total :56.31 123454 1/20/2011 019215 CITY OF LYNNWOOD 8412 PRISONER R&B FOR DEC 2010 - EDMONDS 3Page: Packet Page 27 of 77 01/20/2011 Voucher List City of Edmonds 4 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123454 1/20/2011 (Continued)019215 CITY OF LYNNWOOD PRISONER R&B DEC 2010 001.000.410.523.600.510.00 438.75 Total :438.75 123455 1/20/2011 071389 COASTAL WEAR PRODUCTS INC 2099 Unit 138 - Tube Broom for Unit Unit 138 - Tube Broom for Unit 511.000.657.548.680.310.00 401.20 Freight 511.000.657.548.680.310.00 25.00 Sales Tax 511.000.657.548.680.310.00 37.93 Total :464.13 123456 1/20/2011 068161 COSCO FIRE PROTECTION INC JC123414 FAC - Repairs FAC - Repairs 001.000.651.519.920.480.00 1,900.00 9.5% Sales Tax 001.000.651.519.920.480.00 180.50 Total :2,080.50 123457 1/20/2011 072534 DESTINATION MEDIA ALLIANCE LLC wsp2011 AD IN EXPERIENCE WASH STATE TRAVEL PLANN Ad in Experience Washington - The 120.000.310.575.420.440.00 2,887.50 Total :2,887.50 123458 1/20/2011 064531 DINES, JEANNIE 11-3169 MINUTETAKER FOR EDC MEETINGS 2010 Minute taker for Economic Development 001.000.240.513.110.410.00 489.00 Total :489.00 123459 1/20/2011 064531 DINES, JEANNIE 10-3166 2010 SO SNO CITIES MEETING MINUTES 2010 So Sno Co Meeting Minutes 001.000.000.237.910.000.00 213.00 Total :213.00 123460 1/20/2011 064531 DINES, JEANNIE 10-3167 Minutetaker Citizen Levy Committee from 4Page: Packet Page 28 of 77 01/20/2011 Voucher List City of Edmonds 5 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123460 1/20/2011 (Continued)064531 DINES, JEANNIE Minutetaker Citizen Levy Committee from 001.000.110.511.100.410.00 537.00 Total :537.00 123461 1/20/2011 067613 DISCOUNT DIRECTIONALS 53401 Traffic- A-Frame Legs Traffic- A-Frame Legs 111.000.653.542.640.310.00 396.00 Freight 111.000.653.542.640.310.00 275.00 Total :671.00 123462 1/20/2011 072398 DUVALL AUTO PARTS 5204-103332 Street - Chain Saw, Pole Pruner Street - Chain Saw, Pole Pruner 111.000.653.542.710.350.00 777.81 8.6% Sales Tax 111.000.653.542.710.350.00 66.89 Street - Files, Supplies5204-103338 Street - Files, Supplies 111.000.653.542.900.350.00 82.74 8.6% Sales Tax 111.000.653.542.900.350.00 7.12 Total :934.56 123463 1/20/2011 073540 EDMONDS CHAMBER FOUNDATION Chamber Foundation Sponsorship of 2010 Chamber 4th of July Sponsorship of 2010 Chamber 4th of July 001.000.110.550.100.490.00 5,000.00 Total :5,000.00 123464 1/20/2011 007775 EDMONDS CHAMBER OF COMMERCE 12312010 TOURISM MKTG AWARD FOR JULY - DEC 2010 Balance of tourism marketing award for 120.000.310.575.420.410.00 1,250.00 Total :1,250.00 123465 1/20/2011 007775 EDMONDS CHAMBER OF COMMERCE 13630 2011 MEMBERSHIP DUES 1/1 - 12/31/11 2011 Membership Dues 1/1/11 - 12/31/11 5Page: Packet Page 29 of 77 01/20/2011 Voucher List City of Edmonds 6 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123465 1/20/2011 (Continued)007775 EDMONDS CHAMBER OF COMMERCE 001.000.390.519.900.490.00 345.00 Total :345.00 123466 1/20/2011 008705 EDMONDS WATER DIVISION 6-00025 470 ADMIRAL WAY 470 ADMIRAL WAY 001.000.640.576.800.470.00 108.28 200 W DAYTON ST6-00200 200 W DAYTON ST 001.000.640.576.800.470.00 218.92 100 RAILROAD AVE6-00410 100 RAILROAD AVE 001.000.640.576.800.470.00 213.94 131 SUNSET AVE6-00475 131 SUNSET AVE 001.000.640.576.800.470.00 402.88 600 3RD AVE S6-01250 600 3RD AVE S 001.000.640.576.800.470.00 157.87 600 3RD AVE S6-01275 600 3RD AVE S 001.000.640.576.800.470.00 753.18 610 PINE ST6-02125 610 PINE ST 001.000.640.576.800.470.00 179.19 310 6TH AVE N6-02727 310 6TH AVE N 001.000.640.576.800.470.00 157.87 300 6TH AVE N6-02730 300 6TH AVE N 001.000.640.576.800.470.00 157.87 716 MAIN ST6-02900 716 MAIN ST 001.000.640.576.800.470.00 157.87 300 6TH AVE N6-03000 300 6TH AVE N 6Page: Packet Page 30 of 77 01/20/2011 Voucher List City of Edmonds 7 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123466 1/20/2011 (Continued)008705 EDMONDS WATER DIVISION 001.000.640.576.800.470.00 300.07 1000 EDMONDS ST6-03275 1000 EDMONDS ST 001.000.640.576.800.470.00 103.55 19800 MAPLEWOOD DRIVE6-03575 19800 MAPLEWOOD DRIVE 001.000.640.576.800.470.00 187.76 18500 82ND AVE W6-04400 18500 82ND AVE W 001.000.640.576.800.470.00 157.87 8100 185TH PL SW6-04425 8100 185TH PL SW 001.000.640.576.800.470.00 326.63 19020 82ND AVE W6-04450 19020 82ND AVE W 001.000.640.576.800.470.00 231.22 24100 78TH PL W6-07775 24100 78TH PL W 001.000.640.576.800.470.00 201.57 9537 BOWDOIN WAY6-08500 9537 BOWDOIN WAY 001.000.640.576.800.470.00 749.02 9535 BOWDOIN WAY6-08525 9535 BOWDOIN WAY 001.000.640.576.800.470.00 164.21 Total :4,929.77 123467 1/20/2011 047407 EMPLOYMENT SECURITY DEPT 312 000 093 000 Q4-2010 ES REF # 94513310 7 Q4-2010 Unemployment Insurance 001.000.390.517.780.230.00 10,835.34 Total :10,835.34 123468 1/20/2011 073547 EUROPE THROUGH THE BACK DOOR Emp pk permit refund EMPLOYEE PARKING PERMIT REFUND Refund for 6 employee parking permits @ 121.000.000.322.900.000.00 300.00 7Page: Packet Page 31 of 77 01/20/2011 Voucher List City of Edmonds 8 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :300.00123468 1/20/2011 073547 073547 EUROPE THROUGH THE BACK DOOR 123469 1/20/2011 063387 FEREBEE, JOAN 123110 TRAVEL REFUND TO COURT MEETINGS AND TRAVEL REFUND TO COURT MEETINGS AND 001.000.230.512.500.430.00 77.40 Total :77.40 123470 1/20/2011 072493 FIRSTLINE COMMUNICATIONS INC 122926 ETHERNET RUN PW FLEET MAIN BLDG Installation labor & material 001.000.310.518.880.480.00 1,871.66 9.5% Sales Tax 001.000.310.518.880.480.00 177.81 ETHERNET RUN PW FLEET MAINT BLDG123014 Installation labor and material for PW 001.000.310.518.880.480.00 153.79 9.5% Sales Tax 001.000.310.518.880.480.00 14.61 Total :2,217.87 123471 1/20/2011 011900 FRONTIER 425-775-1344 BEACH RANGER STATION PHONE FOR BEACH RANGER VISITOR'S STATION 001.000.640.574.350.420.00 54.39 YOST POOL PHONES425-775-2645 YOST POOL 001.000.640.575.510.420.00 48.81 Total :103.20 123472 1/20/2011 060985 HARRINGTON INDUSTRIAL PLASTICS 007B9910 VALVE BALLS/STRAINER BASKETS VALVE BALLS/STRAINER BASKETS 411.000.656.538.800.310.21 1,157.60 Freight 411.000.656.538.800.310.21 16.46 Total :1,174.06 123473 1/20/2011 006030 HDR ENGINEERING INC 261451-H E4GA.SERVICES THRU 12/25/10 E4GA.Services thru 12/25/10 412.300.630.594.320.410.00 934.30 8Page: Packet Page 32 of 77 01/20/2011 Voucher List City of Edmonds 9 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :934.30123473 1/20/2011 006030 006030 HDR ENGINEERING INC 123474 1/20/2011 069332 HEALTHFORCE OCCMED 3306 DEC 30 2010 EXAM - KINNEY - EDMONDS PD 12/30/10 DIVE TEAM EXAM 001.000.410.521.220.410.00 398.00 Total :398.00 123475 1/20/2011 070042 IKON 83982981 Rent on large copier for billing period Rent on large copier for billing period 001.000.620.558.800.450.00 827.00 Total :827.00 123476 1/20/2011 071634 INTEGRA TELECOM 7834804 C/A 768328 PR1-1 & 2 City Phone Service thru 001.000.310.518.880.420.00 1,787.14 Tourism Toll free lines 877.775.6929; 001.000.240.513.110.420.00 0.15 Econ Devlpmnt Toll free lines 001.000.240.513.110.420.00 0.64 Total :1,787.93 123477 1/20/2011 014940 INTERSTATE BATTERY SYSTEMS ED6100 INV#ED6100 - EDMONDS PD CR123 LITHIUM BATTERIES 001.000.410.521.220.310.00 56.81 9.5% Sales Tax 001.000.410.521.220.310.00 5.40 Total :62.21 123478 1/20/2011 069179 INTERWEST CONSTRUCTION INC E3JC.Pmt 8 Final E3JC.PMT 8 THRU 12/15/10 FINAL E3JC.Payment 8 thru 12/15/10 FINAL 412.100.630.594.320.650.00 103,356.55 E3JC.Payment 8 Retainage 412.100.000.223.400.000.00 -4,719.48 E8FG.PROGRESS PAYMENT #3E8FG.Pmt 3 E8FG.Progress Payment #3 412.200.630.594.320.650.00 23,599.40 9Page: Packet Page 33 of 77 01/20/2011 Voucher List City of Edmonds 10 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123478 1/20/2011 (Continued)069179 INTERWEST CONSTRUCTION INC E8FG.Payment #3 Retainage 412.200.000.223.400.000.00 -1,179.97 Total :121,056.50 123479 1/20/2011 063370 IVANJACK, SUSAN 123110 TRAVEL REFUND TO SNO COM FOR IVANJACK TRAVEL REFUND TO SNO COM FOR IVANJACK 001.000.230.512.500.430.00 7.84 Total :7.84 123480 1/20/2011 065056 JOHNSON, TROY TJOHNSON0115 GYM MONITOR ANDERSON CENTER GYM MONITOR FOR DANCE 001.000.640.574.100.410.00 12.00 Total :12.00 123481 1/20/2011 070902 KAREN ULVESTAD PHOTOGRAPHY ULVESTAD13478 DIGITAL PHOTOGRAPHY DIGITAL PHOTOGRAPHY #13478 001.000.640.574.200.410.00 196.00 Total :196.00 123482 1/20/2011 016850 KUKER RANKEN INC 368241-001 ENG. PLOTTER PRINTHEAD CLEANER Engineering Plotter Printhead Cleaner 001.000.620.532.200.480.00 156.00 9.5% Sales Tax 001.000.620.532.200.480.00 14.82 Total :170.82 123483 1/20/2011 073136 LANG, ROBERT Lang, Robert City Hall Monitor for 1/6/11 Wilson City Hall Monitor for 1/6/11 Wilson 001.000.110.511.100.490.00 72.00 Total :72.00 123484 1/20/2011 073545 LEARY, MEAGAN LEARY0111 REFUND REFUND OF CREDIT ON ACCOUNT 001.000.000.239.200.000.00 22.00 Total :22.00 10Page: Packet Page 34 of 77 01/20/2011 Voucher List City of Edmonds 11 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123485 1/20/2011 018760 LUNDS OFFICE ESSENTIALS 105617 Binding combs (back order). Binding combs (back order). 001.000.620.558.800.310.00 115.98 9.5% Sales Tax 001.000.620.558.800.310.00 11.02 Total :127.00 123486 1/20/2011 069610 MARATHON EQUIPMENT 21520 Roadway - Crack Sealer Fittings Roadway - Crack Sealer Fittings 111.000.653.542.310.310.00 404.70 Freight 111.000.653.542.310.310.00 32.10 Total :436.80 123487 1/20/2011 073290 MEDICARE PART B DOS 10-21-2009 TRULSON, B EMS TRANSPORT FEE REFUND Trulson, B EMS Transport Fee Refund 001.000.000.342.601.000.00 66.88 Total :66.88 123488 1/20/2011 061013 NORTHWEST CASCADE INC 1-240439 HONEY BUCKET RENTAL MARINA BEACH: HANDICAPPED AND REGULAR 001.000.640.576.800.450.00 412.76 HONEY BUCKET RENTAL1-241530 HONEY BUCKET RENTAL: CIVIC CENTER 001.000.640.576.800.450.00 189.87 Total :602.63 123489 1/20/2011 063511 OFFICE MAX INC 454593 INV#454593 ACCT#520437 250POL EDMONDS PD LIQUID PAPER 001.000.410.521.100.310.00 8.16 HEAT SEAL POUCHES-LETTER 001.000.410.521.100.310.00 35.73 HEAT SEAL POUCHES-LEGAL 001.000.410.521.100.310.00 30.34 INDUSTRIAL MARKERS 001.000.410.521.100.310.00 6.24 11Page: Packet Page 35 of 77 01/20/2011 Voucher List City of Edmonds 12 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123489 1/20/2011 (Continued)063511 OFFICE MAX INC 2011 CATALOG 001.000.410.521.100.310.00 0.01 HEAT SEAL POUCHES - INDEX 001.000.410.521.100.310.00 12.04 3X5 MEMO PADS- PATROL 001.000.410.521.100.310.00 11.60 WITE OUT CORRECTION TAPE 001.000.410.521.100.310.00 18.44 LEGAL HANGING FILES 001.000.410.521.100.310.00 45.18 DRY ERASE MARKER CLEANER 001.000.410.521.100.310.00 6.58 9.5% Sales Tax 001.000.410.521.100.310.00 16.56 Total :190.88 123490 1/20/2011 063511 OFFICE MAX INC 311993 STORAGE BOXES,LABELS, HPTONER, PENS,PADS Storage boxes, clear address lables, 001.000.310.514.230.310.00 312.11 9.5% Sales Tax 001.000.310.514.230.310.00 29.65 INDEX TABS, UTILITY KNIFE, BLADE, APPTBK355860 Index write-on tabs, disinfecting 001.000.310.514.230.310.00 92.52 9.5% Sales Tax 001.000.310.514.230.310.00 8.78 SOAP, SUCTION CUP HOOK, PAPER ROLL385459 Suction cup w/hook, calculator paper 001.000.310.514.230.310.00 36.59 9.5% Sales Tax 001.000.310.514.230.310.00 3.48 WIRELESS MOUSE, MONITOR MOUNT450523 Wireless mouse, Monitor Mount copyholder 001.000.310.514.230.310.00 38.78 12Page: Packet Page 36 of 77 01/20/2011 Voucher List City of Edmonds 13 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123490 1/20/2011 (Continued)063511 OFFICE MAX INC 9.5% Sales Tax 001.000.310.514.230.310.00 3.68 PENDAFLEX TABS450616 White pendaflex tabs 001.000.310.514.230.310.00 14.45 9.5% Sales Tax 001.000.310.514.230.310.00 1.37 PENCIL GRIPS, HANGING BOX FILE FOLDER472718 Pencil grips, hanging box file folders 001.000.310.514.230.310.00 50.81 9.5% Sales Tax 001.000.310.514.230.310.00 4.83 Total :597.05 123491 1/20/2011 063511 OFFICE MAX INC 456940 FILE FOLDERS FILE FOLDERS 001.000.640.574.100.310.00 15.02 9.5% Sales Tax 001.000.640.574.100.310.00 1.44 COLORED PAPER/ARCHIVE BOXES483375 COLORED PAPER, ARCHIVE BOXES 001.000.640.574.100.310.00 45.43 9.5% Sales Tax 001.000.640.574.100.310.00 4.31 COPY PAPER501792 8 1/2 X 11 COPY PAPER 001.000.640.574.100.310.00 215.52 9.5% Sales Tax 001.000.640.574.100.310.00 20.48 KEYBOARD TRAY511963 KEYBOARD TRAY/CARRIE HITE 001.000.640.574.100.310.00 299.99 9.5% Sales Tax 001.000.640.574.100.310.00 28.50 13Page: Packet Page 37 of 77 01/20/2011 Voucher List City of Edmonds 14 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :630.69123491 1/20/2011 063511 063511 OFFICE MAX INC 123492 1/20/2011 025889 OGDEN MURPHY AND WALLACE 688706 DEC-10 LITIGATION FEES Dec-10 Legal Fees 001.000.360.515.100.410.00 18,627.20 DEC-10 RETAINER & LEGAL FEES688711 Dec-10 Retainer Fees 001.000.360.515.100.410.00 16,221.87 Total :34,849.07 123493 1/20/2011 025889 OGDEN MURPHY AND WALLACE 688711 Council legal services for Dec. 2010 Council legal services for Dec. 2010 001.000.110.511.100.410.00 5,527.80 Total :5,527.80 123494 1/20/2011 064552 PITNEY BOWES 3833100JA11 POSTAGE METER LEASE Lease 12/30 to 1/30 001.000.250.514.300.450.00 866.00 Total :866.00 123495 1/20/2011 073546 PITNEY BOWES RESERVE ACCOUNT 01192011 REPLENISHING RESERVE ACCOUNT Replenish bulk mail account250-00257 001.000.250.514.300.420.00 1,500.00 Total :1,500.00 123496 1/20/2011 073443 ROHDE, DAVID 008 PW (Storm, Engineering) GIS Analyst PW (Storm, Engineering) GIS Analyst 412.200.630.594.320.410.00 1,003.00 City Wide GIS 001.000.310.518.880.410.00 708.00 Sewer 411.000.655.535.800.410.00 413.00 Water 411.000.654.534.800.410.00 1,180.00 Total :3,304.00 123497 1/20/2011 073066 SAFARILAND LLC I11-002989 INV#I11-002989 - EDMONDS PD 14Page: Packet Page 38 of 77 01/20/2011 Voucher List City of Edmonds 15 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123497 1/20/2011 (Continued)073066 SAFARILAND LLC 3X5 WHITE BACKING CARDS 001.000.410.521.910.310.00 82.70 2" FROSTED LIFTING TAPE 001.000.410.521.910.310.00 144.60 ZEPHER DUSTING BRUSH 001.000.410.521.910.310.00 93.10 GRAY 6" RULERS 001.000.410.521.910.310.00 8.68 RED WAND MAGNETIC APPLICATOR 001.000.410.521.910.310.00 93.35 Freight 001.000.410.521.910.310.00 26.99 9.5% Sales Tax 001.000.410.521.910.310.00 40.13 Total :489.55 123498 1/20/2011 036070 SHANNON TOWING INC 195469 Unit 10 - Towing Fees Unit 10 - Towing Fees 511.000.657.548.680.410.00 192.00 9.5% Sales Tax 511.000.657.548.680.410.00 18.25 Total :210.25 123499 1/20/2011 037303 SNO CO FIRE DIST # 1 Q1-2011 Q1 2011 FIRE SERVICES CONTRACT PAYMENT Q1-2011 Fire Services Contract Payment 001.000.390.522.200.510.00 1,550,830.50 Total :1,550,830.50 123500 1/20/2011 037375 SNO CO PUD NO 1 2013-8327-0 603 3RD AVE S 603 3RD AVE S 001.000.640.576.800.470.00 32.05 1341 9TH AVE N2022-5062-7 1341 9TH AVE N 001.000.640.576.800.470.00 32.05 15Page: Packet Page 39 of 77 01/20/2011 Voucher List City of Edmonds 16 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :64.10123500 1/20/2011 037375 037375 SNO CO PUD NO 1 123501 1/20/2011 038300 SOUND DISPOSAL CO 103587 DISPOSAL SERVICES PARK MAINTENANCE DISPOSAL SERVICES 001.000.640.576.800.470.00 569.63 Total :569.63 123502 1/20/2011 038300 SOUND DISPOSAL CO JANUARY 2010 ASH DISPOSAL ASH DISPOSAL 411.000.656.538.800.474.65 6,331.34 Total :6,331.34 123503 1/20/2011 071585 STERICYCLE INC 3001234446 INV#3001234446 CUST#6076358 EDMONDS PD MINIMUM MONTHLY SERVICE CHARGE 001.000.410.521.910.410.00 10.00 9.5% Sales Tax 001.000.410.521.910.410.00 0.36 Total :10.36 123504 1/20/2011 070837 SUNBELT RENTALS INC 28171358-001 MANLIFT RENTAL MANLIFT RENTAL (FOR REMOVAL OF 001.000.640.576.800.450.00 468.65 9.5% Sales Tax 001.000.640.576.800.450.00 44.53 Total :513.18 123505 1/20/2011 072555 SYSTEMS DESIGN ED0111 EMS Billing Services-Postage Private EMS Billing Services-Postage Private 001.000.510.526.100.420.00 7.48 Total :7.48 123506 1/20/2011 038315 THYSSENKRUPP ELEVATOR 655741 SENIOR CENTER ELEVATOR MAINTENANCE For SENIOR CENTER ELEVATOR MAINTENANCE For 001.000.651.519.920.480.00 154.98 9.5% Sales Tax 001.000.651.519.920.480.00 14.71 16Page: Packet Page 40 of 77 01/20/2011 Voucher List City of Edmonds 17 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :169.69123506 1/20/2011 038315 038315 THYSSENKRUPP ELEVATOR 123507 1/20/2011 073216 TRIUNITY ENGINEERING & MGMNT 2010.17DEC PLC PROMGRAMMING PLC PROMGRAMMING 411.000.656.538.800.410.22 750.00 Total :750.00 123508 1/20/2011 072098 UNIVERSAL FIELD SERVICES LLC 35997 E8GA.SERVICES THRU DECEMBER 2010 E8GA.Services thru December 2010 412.300.630.594.320.410.00 1,380.81 Total :1,380.81 123509 1/20/2011 062693 US BANK 1070 INV#1070 01/06/11 - THOMPSON-EDMONDS PD SOLO BISTRO HOT CUPS 001.000.410.521.100.310.00 98.62 KESON MEASURING TAPE 001.000.410.521.210.310.00 20.31 CAMERA LIGHT DIFFUSER 001.000.410.521.210.310.00 12.41 CANON LENS HOOD 001.000.410.521.210.310.00 18.61 CANON WIRELESS REMOTE 001.000.410.521.210.310.00 26.53 CANON REMOTE SWITCH 001.000.410.521.210.310.00 45.19 INV#3181 01/06/11 - BARD - EDMONDS PD3181 BOOK/DT INST. TRAINING/LEE 001.000.410.521.400.490.00 27.55 INV#3314 01/06/11 - LAWLESS - EDMONDS PD3314 ANN DUES FBI NAT ACC-LAWLESS 001.000.410.521.100.490.00 82.00 Total :331.22 123510 1/20/2011 062693 US BANK 2143 MS OFFICE CARDS,FORMATTER,SOFTWARE,FLASH MS Office 2007 Quick Reference Card 001.000.310.518.880.310.00 436.25 17Page: Packet Page 41 of 77 01/20/2011 Voucher List City of Edmonds 18 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123510 1/20/2011 (Continued)062693 US BANK PrinterTechs.com- HP LJ2420DN Formatter 001.000.610.519.700.350.00 116.00 Pixel Praise LLC 1 yr template access 001.000.310.518.880.490.00 99.00 ACD Canvas 12 software upgrade 001.000.310.518.880.310.00 327.95 Office Max 16GB USB Flash drives - 4 001.000.310.518.880.310.00 175.16 Best Buy OtterBox Case for iPad 001.000.620.524.100.490.00 71.15 Monoprice.com 350 MHz UTP Ethernet 001.000.310.518.880.310.00 66.64 Blue Flame IT database forms for web 001.000.310.518.880.310.00 31.79 Blue Flame IT database knowledge base 001.000.310.518.880.310.00 15.89 CAR CHARGERS, FLAT SCREENS, QUESTIONPRO3470 Laptop adaptors/car chargers 2 each - 001.000.620.532.200.350.00 229.75 Samsung 55" LED flat screens - 2 each 001.000.310.518.880.350.00 2,162.57 Samsung 55" LED flat screens - 2 each 001.000.620.524.100.350.00 720.86 Samsung 55" LED flat screens - 2 each 001.000.620.558.600.350.00 720.67 Samsung 55" LED flat screens - 2 each 001.000.620.532.200.350.00 721.04 QuestionPro.com Mayor Survey 001.000.210.513.100.490.00 16.00 Total :5,910.72 123511 1/20/2011 062693 US BANK 8669 CREDIT CARD TRANSACTIONS CLEAR URETHANE, HARDNER 001.000.640.576.800.310.00 154.22 18Page: Packet Page 42 of 77 01/20/2011 Voucher List City of Edmonds 19 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123511 1/20/2011 (Continued)062693 US BANK GYMNASTICS PARTY SUPPLIES 001.000.640.575.550.310.00 73.30 PLANTS/FLOWERS 127.000.640.575.500.310.00 296.83 CREDIT/EDMONDS BOOKSHOP8669 CREDITS FOR BOOKS 117.100.640.573.100.310.00 -163.94 Total :360.41 123512 1/20/2011 062693 US BANK 3306 LOCK BOEX, MAGNEHELIC GAGE, SEALANT LOCK BOXES 411.000.656.538.800.310.12 623.06 MAGNEHELIC GAGE 411.000.656.538.800.310.21 152.76 SEALANT 411.000.656.538.800.310.21 264.99 Total :1,040.81 123513 1/20/2011 062693 US BANK 3363 Fisheries Supply - Unit M16 - Gear Lube Fisheries Supply - Unit M16 - Gear Lube 511.000.657.548.680.310.00 37.76 Radio Shack -Unit 372 - Odometer 511.000.657.548.680.310.00 9.82 Yamoto - Unit 650 - Odometer 511.000.657.548.680.310.00 1,728.73 Town & Country Chrysler- Unit 791 - 511.000.657.548.680.310.00 36.35 Guardian Sec - Old PW Jan Pmt3405 Guardian Sec - Old PW Jan Pmt 001.000.651.519.920.480.00 55.00 Superior Sauna - FAC -Timer 001.000.651.519.920.310.00 86.38 L&I Elect Permit 001.000.651.519.920.490.00 93.40 Superior Sauna -FAC - Control Knob 19Page: Packet Page 43 of 77 01/20/2011 Voucher List City of Edmonds 20 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123513 1/20/2011 (Continued)062693 US BANK 001.000.651.519.920.310.00 17.50 Guardian Sec - Feb 2011 001.000.651.519.920.480.00 55.00 Attn& Notary Supply - Notary Renewal -3546 Attn& Notary Supply - Notary Renewal - 001.000.650.519.910.490.00 152.27 Total :2,272.21 123514 1/20/2011 062693 US BANK 6045 Book "The Architecture of Community" Book "The Architecture of Community" 001.000.620.558.600.490.00 43.80 Total :43.80 123515 1/20/2011 062693 US BANK 3389 Plaque for Steve Bernheim Plaque for Steve Bernheim 001.000.110.511.100.490.00 19.65 Total :19.65 123516 1/20/2011 044960 UTILITIES UNDERGROUND LOC CTR 0120114 Utility locates December 2010 Utility locates December 2010 411.000.654.534.800.410.00 67.95 Utility locates December 2010 411.000.655.535.800.410.00 67.95 Utility locates December 2010 411.000.652.542.900.410.00 70.00 Total :205.90 123517 1/20/2011 073541 WA FESTIVALS & EVENTS ASSOC 01052011 ANNUAL MEMBERSHIP WA FESTIVALS & EVENTS Annual membership fee in Washington 120.000.310.575.420.490.00 125.00 Total :125.00 123518 1/20/2011 026510 WCIA 1033 2011 TBD LIABILITY ASSESSMENT 2011 TBD Liability Assessment 631.000.653.542.310.460.00 5,000.00 20Page: Packet Page 44 of 77 01/20/2011 Voucher List City of Edmonds 21 8:59:00AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :5,000.00123518 1/20/2011 026510 026510 WCIA 123519 1/20/2011 070796 WEED GRAAFSTRA & BENSON INC PS 21 C/A 4181-01M Reidy/Theusen conflict matter 001.000.360.515.100.410.00 1,565.00 Total :1,565.00 123520 1/20/2011 065179 WSAPT TREAS / WIN SLOTA Linda Thornquist 201 2011 Membership dues for Linda 2011 Membership dues for Linda 001.000.620.524.100.490.00 35.00 2011 Membership dues for Marie Harrison.Marie Harrison 2011 2011 Membership dues for Marie Harrison. 001.000.620.524.100.490.00 35.00 Total :70.00 Bank total : 2,233,423.9682 Vouchers for bank code :front 2,233,423.96Total vouchers :Vouchers in this report82 21Page: Packet Page 45 of 77 AM-3696   Item #: 2. D. City Council Meeting Date: 01/25/2011 Time:Consent   Submitted By:Stephen Clifton Department:Community Services Review Committee: Committee Action: Type:Information  Information Subject Title Community Services and Economic Development Department Quarterly Report – January, 2011 Recommendation from Mayor and Staff Previous Council Action Narrative As requested by the City Council, this report provides an update on major projects currently worked on by staff of the Community Services and Economic Development Departments. Attachments Attachment 1 - Community Services and Economic Development Quarterly Report – January, 2011 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 01/19/2011 04:42 PM Community Services/Economic Dev.Stephen Clifton 01/19/2011 05:00 PM City Clerk Sandy Chase 01/19/2011 05:08 PM Mayor Mike Cooper 01/20/2011 04:45 PM Final Approval Sandy Chase 01/20/2011 05:05 PM Form Started By: Stephen Clifton Started On: 01/19/2011 04:38 PM Final Approval Date: 01/20/2011  Packet Page 46 of 77 City of Edmonds  Community Services Date: January 20, 2011 To: Mayor Cooper and City Council members From: Stephen Clifton, AICP Community Services and Economic Development Director Subject: Community Services and Economic Development Quarterly Report – January, 2011 As requested by the City Council, this report provides an update on major projects currently worked on by staff of the Community Services and Economic Development Departments. Community Services I. EDMONDS CROSSING Project Description Edmonds Crossing is a regional project intended to provide a long-term solution to current operational and safety conflicts between ferry, rail, automobile, bus, and pedestrian traffic in downtown Edmonds and along State Route 104. The Federal Highway Administration (FHWA), Federal Transit Administration (FTA), Washington State Department of Transportation (WSDOT) (including Washington State Ferries [WSF]), and City of Edmonds propose to relocate the existing state ferry terminal from Main Street, in downtown Edmonds, to Pt. Edwards, south of the downtown core. In the process, a multimodal center would be established that would integrate ferry, rail, and transit services into a single complex. A realigned SR 104 from its current intersection with Pine Street would provide access. The new complex would provide an upgraded ferry terminal designed to meet the operational requirements for accommodating forecast ferry ridership demand; a new rail station designed to meet intercity passenger (Amtrak) and commuter rail (Sounder) service; a transit center that would meet local bus system and regional transit system loading requirements; facilities that allow both vehicular commuters and walk-on passengers to utilize various transportation modes; parking, drop-off areas, retail/ concessionaire space, waiting areas; and a system linking these facilities to allow for the safe movement of users. Significant Activities Since October 22, 2010 • July, August, September and October, 2010 – No significant activities. City of Edmonds Community Services Department Economic Development Department Packet Page 47 of 77 2 II. SOUND TRANSIT (PHASE 1, AKA SOUND MOVE) Project Description During the past several years, Sound Transit has been implementing what is called the Sound Move Plan. One element calls for commuter rail services, otherwise known as Sounder. Commuter rail will eventually link Everett in the north with Seattle, Tacoma and Lakewood in the South, a total of 82 miles through three counties. Sounder is being implemented in three phases, one of which includes Everett to Seattle or the North Commuter Rail corridor. Three commuter rail stations exist along this corridor, i.e., Everett, Mukilteo and Edmonds. Everett-Seattle Sounder, at full operation, now calls for 8 trains per day, i.e., four round trips, and will include reverse trips. This is a reduction of two round trips from the originally proposed operational plan. The first roundtrip train run began in December, 2003. Edmonds Station is currently located between Main and Dayton Streets along both sides of the Burlington Northern Santa Fe (BNSF) tracks. The station area is also co-located with Amtrak’s Edmonds Passenger Station. The Sounder commuter rail station, once completed will include ADA accessible rail platforms, shelters, signage, lighting fixtures, hanging flower baskets, ticket vending machines, on-site parking, and Community Transit bus station. In an attempt to enhance Willow Creek and the Edmonds Marsh, a culvert is currently installed near the Marina Beach property beneath both BNSF Railroad tracks, concurrent with the construction of a second BNSF rail line. This will allow for the eventual daylighting of Willow Creek, if and/or when funding is available. Significant Activities since October 22, 2010 • October, November, December 2010 and January, 2011 – Construction continues on the Sound Transit Edmonds Station. For more information about the project, please link to www.soundtransit.org/edmondsstation, or Roger Iwata, Community Outreach Corridor Lead at 206-689-4904 or roger.iwata@soundtransit.org. Packet Page 48 of 77 3 III. SOUND TRANSIT 2 Expanding the regional mass transit system On Nov. 4, 2008, voters of the Central Puget Sound region approved a Sound Transit 2 ballot measure. The plan adds regional express bus and commuter rail service while building 36 additional miles of light rail to form a 55-mile regional system. For additional information, visit http://soundtransit.org/. Significant Activities Since October 22, 2010 As referenced within the October, 2010 Community Services/Economic Development Quarterly Report, Sound Transit CEO Joni Earl presented the 2011 budget to the Sound Transit Board on September 23, 2010. The budget reflects significant changes in the revenue projections for the ST2 plan. As cited by Sound Transit in past articles, Sound Transit is experiencing a 25% revenue short fall as a result of the recession, and Sound Transit needs to re-set the ST2 plan. The good news is that the Snohomish and North King subareas are in better shape than South King, Eastside and Pierce County subareas. Projects that are underway, such as the Edmonds Commuter rail station will continue to go forward as will the High Capacity Transit project to Lynnwood and Light Rail to Northgate. IV. UNOCAL AKA CHEVRON SITE CLEANUP Project Description The UNOCAL property currently consists of a lower yard which currently contains petroleum contamination resulting from more than 60 years of operation. Chevron, which acquired UNOCAL, is now the entity responsible for cleaning up the site. Cleanup work at the lower yard, which began in 2007, is a continuation of remediation work that has been ongoing at the site since 2001. Chevron conducted the following work from summer 2007 through fall 2008: • Excavated soil with metals contamination exceeding Washington State Department of Ecology standards in order to protect against direct contact with the soil (such as ingestion) and impacts to the groundwater. • Excavated soil with petroleum contamination exceeding safe levels for direct contact. Excavation of this soil was for protection of groundwater and surface water. • Excavated contaminated sediment in Willow Creek, on the northern edge of the site. The primary excavation work at the lower yard (including the Willow Creek area) was complete by September 2008. Over 140,000 tons of contaminated soil and 9,000 gallons of petroleum product have been removed from the site. The lower yard site has been re- graded and reseeded. The Willow Creek area has been re-planted with native vegetation. Significant Activities since October 22, 2010 • October, November, December 2010 and January 2011 – Monitoring of the site continues. Packet Page 49 of 77 4 V. EDMONDS PUBLIC FACILITIES DISTRICT Overview The City Council, pursuant to state law, approved the formation of the Public Facilities District (PFD) at its April 24, 2001 meeting. A PFD is a separate municipal corporation that has authority to undertake the design, construction, operation, promotion and financing of a Regional Center in the city. The Public Facilities District board consists of five members originally appointed by the City Council on June 19, 2001. Phase 1A renovation of the original Edmonds High School Auditorium into a first class Edmonds Center for the Arts (ECA) and multipurpose facility was completed in September of 2006. Significant Activities Since October 22, 2010 • October, November and December 2010 and January, 2011 – Edmonds Center for the Arts 2010-2011 season continues. For information, see http://ec4arts.org/index. VI. SNOHOMISH COUNTY PAINE FIELD Overview On July 14, 2004, a Mead & Hunt Inc. Business Travel Survey was issued which focused on the market potential and options for Paine Field. On August 20, 2004, a Snohomish County Citizen Cabinet issued an Economic Development Final Report -Blueprint for the Economic Future of Snohomish County. Both reports put Paine Field in the regional spotlight as they highlight the possibility of using Paine Field for commercial aircraft operations, thus changing its general aviation status. Although Snohomish County Executive Aaron Reardon and some County Council members have said they do not support commercial air service at Paine Field, federal law obligates the county to accommodate commercial service. Federal law does not allow the county to prohibit or limit scheduled passenger air service. Instead, it requires that the county negotiate with the airlines in good faith to accommodate their proposed service. Horizon Airlines has indicated it wants to operate four times a day to Portland and twice per day to Spokane, using 75-seat Bombardier Q400 turboprop airplanes on both routes. Allegiant has said it plans to operate twice a week to Las Vegas, using 150-seat MD83 jet aircraft. Before airlines may begin commercial service, the FAA must amend the county’s operating certificate for Paine Field as well as the airlines’ operating specifications. The county was required to prepare an environmental assessment for FAA approval before those amendments can occur. Key points of the draft environmental assessment include: 1. Considering all current aircraft operations (take offs and landings) at Paine Field. 2. Traffic mitigation. 3. Emissions affecting air quality. Packet Page 50 of 77 5 The draft environmental assessment is available for review at the airport office, on the Paine Field Web site http://www.painefield.com/airserviceea.html, at www.snoco.org/departments/airport and also in local public libraries. Significant Activities Since October 22, 2010 • October, November and December 2010 and January, 2011 – No new information at this time. VII. RAILROAD QUIET ZONE Overview As discussed on a few occasions, there is an expressed desire of the City Council and Port of Edmonds to establish a full or partial quite zone along the City's shoreline. A quiet zone is a section of rail line that contains one or more consecutive public crossings at which locomotive horns are not routinely sounded. Significant Activities Since October 22, 2010 • October, November and December 2010 and January 2011 – No new information at this time. VIII. CITY OF EDMONDS / COMCAST FRANCHISE AGREEMENT Overview With a record of successfully negotiating Verizon franchise agreements, several members of the North Puget Sound Consortium formed a Consortium for the purposes of negotiating franchise agreements with Comcast. Jurisdictions invited to participate include: Snohomish County, the Cities of Bothell, Carnation, Edmonds, Kenmore, Lake Forest Park, Mercer Island, Shoreline, Woodinville, and the Town of Woodway. Benefits of a coordinated effort include: ensuring that the public receives the maximum rights and benefits from their respective franchise agreements; better coordination of negotiations with Comcast; sharing the costs of negotiations including hiring a national consultant and attorneys to assure the citizens of each jurisdiction that their franchise is competitive, both locally and nationally; and creating a common template and negotiation strategy through the assistance of a national consultant and attorneys to maximize leverage during the negotiations. Significant Activities Since October 22, 2010 • October, November and December, 2010 and January, 2011 – The North Puget Sound Consortium agreement template was completed in 2010 and Ogden Murphy Wallace will be reviewing the agreement with their clients (includes the City of Edmonds). I will be discussing with Ogden Murphy Wallace whether the City will need to utilize River Oaks Communications to help tailor the Comcast Franchise to meet the needs of Edmonds. A more narrowly focused review by me and the City Attorney of the draft template will begin soon. Packet Page 51 of 77 6 NOTE: As referenced in past correspondence, the Comcast Franchise expires in April, 2011. I am prepared to meet with Ogden Murphy Wallace and Comcast as needed to finalize renewal of the franchise. As a final template is ready to review, all parties should meet soon in order to get this in front of the City Council in a timely manner. As was the case with the Frontier Franchise Agreement, we may also need help from River Oaks Communications, albeit, perhaps only for final review of the agreement. Economic Development I. PARTNERSHIPS Goal 1, Policy 1a of the Edmonds Economic Development Plan is to promote a results- oriented permit and licensing process, which consolidates review timelines, eliminates unnecessary steps, and maintains a strong customer service approach. Significant Activities Since October 22, 2010 • October, November and December, 2010 and January, 2011 – No new information at this time. Goal 1 of the Edmonds Economic Development Plan states: ”foster a healthy business community that provides employment and other economic opportunities.” Significant Activities Since October 22, 2010 • October, November and December, 2010 and January, 2011 –No new information at this time. Economic Development Commission Overview On June 2, 2009 – The City Council approved Ordinance 3735 which creates a new Citizens Economic Development Commission (EDC) in order to determine new strategies for economic development within the City and identify new sources of revenues. In conjunction with the Planning Board, the new commission is to review and consider strategies designed to improve commercial viability, tourism development, and activity. The ED Commission consists of 17 members appointed by Mayor Gary Haakenson and the City Council. The commission is staffed by the City’s Economic Development Director. The Commission will make recommendations to the Mayor and City Council, as well as to other City boards or commissions as appropriate, regarding economic development strategies. The commission will provide an annual report to the Council in December of every year. The commission is scheduled to end on December 31, 2010. Minutes from monthly meetings (once approved by the Edmonds EDC) can be found at http://www.ci.edmonds.wa.us/EconDevMinutes.stm. Packet Page 52 of 77 7 Significant Activities Since October 22, 2010 • November 17, 2010 – The Edmonds Economic Development Commission conducted a meeting in the Brackett Meeting Room. The Strategic Planning and Visioning; Technology; Land Use; and Tourism sub groups all presented updates. The Edmonds EDC agenda also included a three person panel working on business- friendly green initiatives. The Edmonds Economic Development Commission and Planning Board were involved in putting together this presentation while Sustainable Edmonds endorsed it with their support and presence. The presentations were open to the public and were also advertised via the City’s website and Government Channel. The City of Bellingham is doing remarkable things and was featured on a PBS special about green initiatives and businesses working together. Many of the programs are incentive based; for example in Bellingham, LEED certified buildings are guaranteed a one week turnaround on their building permit application. Nick Hartrich of Sustainable Connections in Bellingham has offered his assistance to our City should we choose to go down a similar path. • December 15, 2010 - The Edmonds Economic Development Commission conducted a meeting in the Brackett Meeting Room. The Strategic Planning and Visioning; Technology; Land Use; and Tourism sub groups all presented updates. An additional item included an update from Jill Sterrett, Affiliate Instructor with the UW Dept. of Urban Design & Planning, and University of Washington students, about findings of the Phase 1 special district planning efforts related to the Five Corners and Westgate Neighborhood Centers; and Strategic Planning funding. The citizen survey and Phase 1 Special District report can be found on the City’s website at http://www.ci.edmonds.wa.us/CitEconDevCommDocs.stm under Five Corners and Westgate Neighborhood Commercial Areas - Planning Process • December 22, 2010 – The Edmonds City Council approved the 2011 City Budget which contains an amount of $100,000 to fund the Edmonds EDC’s recommendation to develop a strategic plan. • January 19, 2011 – The Edmonds Economic Development Commission conducted a meeting in the Brackett Meeting Room. The Strategic Planning and Visioning; Technology; Land Use; and Tourism sub groups all presented updates. Additionally, agenda items included an update from Jill Sterrett, Affiliate Instructor with the UW Dept. of Urban Design & Planning, and University of Washington students, about Phase 2 of the special district planning efforts related to the Five Corners and Westgate Neighborhood Centers; and a presentation by Doug Spee, owner of the existing Post Office site. The purpose of the presentation was to solicit comments about preliminary concepts for the site. Goal 1, Policy 1f of the Edmonds Economic Development Plan states: ”Continue to partner with business and economic development organizations, and address feedback from the business community.” Packet Page 53 of 77 8 Significant Activities Since October 22, 2010 • October, November and December 2010 and January, 2011 – I continue to attend monthly Edmonds Chamber of Commerce Economic Development Committee meetings and Downtown Edmonds Merchants Association (DEMA) meetings in order to share information about City issues and hear about Chamber and DEMA issues/concerns. II. BUSINESS EXPANSION, RETENTION, AND DIVERSIFICATION OF TAX BASE Goal 1, Policy 1c of the Edmonds Economic Development Plan states: “Encourage and expand business expansion and retention programs. Goal 3 calls for diversifying the tax base and increasing revenues to support local services.” Significant Activities Since October 22, 2010 • October, November and December 2010 and January, 2011 – I continued working with property and business owners in attempts to help find leasable space and relocate existing businesses, in addition to discussing potential leasing and redevelopment of buildings and land. • January 19, 2011 – As referenced above, a presentation was given to the Edmonds EDC by Doug Spee, owner of the existing Post Office site. The purpose of the presentation was to solicit comments on preliminary concepts of the site. Goal 2, Policy 2i of the Edmonds Economic Development Plan states: “Create synergy for commercial businesses where possible, for example, by implementing a “retail core” area in the downtown.” Significant Activities Since October 22, 2010 • See comments below under Section III about a proposed Downtown Business Improvement District. III. IMPROVING BUSINESS CLIMATE Goal 2, Policy 2e of the Edmonds Economic Development Plan states: “explore options such as Business Improvement Districts/Areas (special assessment districts) as a way to help shopping areas fund marketing and beautification in a sustainable fashion. Significant Activities Since October 22, 2010 • October, November and December 2010 and January, 2011 – Representatives from the City of Edmonds and Greater Edmonds Chamber of Commerce Downtown Edmonds Merchants Association (DEMA) continued to meet and discuss the possible establishment a Downtown Edmonds Business Improvement District (BID). Goal 2, Policy 2h of the Edmonds Economic Development Plan states: “Work to identify and “brand” distinct business districts, where there is a natural synergy, such as the Packet Page 54 of 77 9 Highway 99 International District, the Stevens Hospital Medical Corridor, and the 4th Avenue Arts Corridor.” Significant Activities Since October 22, 2010 • October, November and December 2010 and January, 2011 – Highway 99 Enhancement Project - includes adding street lighting fixtures and artwork along the portion of Highway 99 passing through the International District. Light fixtures have been delivered to the City of Edmonds. Washington State DOT has authorized the City to solicit bids for construction purposes. • October, November and December 2010 and January, 2011 – Frances Chapin continues to work on wayfinding signage opportunities including kiosks and locator signs. Additionally, public parking signs, utilizing the universal parking symbol, have been installed at various locations within the downtown area to direct visitors to public parking areas. Small directional signs to the Edmonds Center for Arts and Public Safety Complex have been installed, as well as the first two flower poles in front of Olive’s Restaurant on 5th Avenue North; each flower pole will eventually be embellished with artistic elements to make each unique. NOTE: The two first artistic elements were paid for by the Edmonds Arts Festival Foundation. IV. TECHNOLOGY Goal 3, Policy 3b of the Edmonds Economic Development Plan states: “Leverage technology assets, such as existing fiber connections, to pursue new revenue streams.” Significant Activities Since October 22, 2010 • October, November and December, 2010 and January, 2011 – The Economic Development and Community Services staff continue to meet monthly with the City’s Community Technology Advisory Committee (CTAC) regarding existing technology assets, e.g., fiber and communications equipment. • October 20, 2010 – City Staff issued a RFQ to solicit web designers for the purposes updating the City of Edmonds’s website. • December 7, 2010 – The Edmonds City Council authorized Mayor Cooper to execute a Professional Services Agreement with local website designer. The contractor withdrew from the negotiation process which resulted in City staff seeking another consultant. • December 21, 2010 – The Edmonds City Council approved the 2011 City of Edmonds Budget which contained an amount of $19,000 to update the City’s website. City staff is currently working with Judd Boyer Designs on a draft template prior to moving forward on refinement of an new website. • January 11, 2011 – As requested by the City Council, Carl Nelson, Chief Information Officer for the City of Edmonds presented a quarterly update to the City’s Finance Committee on Community Technology Advisory Committee activities. Packet Page 55 of 77 10 V. TOURISM Goal 3, Policy 3g of the Edmonds Economic Development Plan states: “Expand tourism efforts to take advantage of regional trends, such as nature tourism.” Significant Activities Since October 22, 2010 • October, November and December 2010 and January, 2011 – The Economic Development Commission Tourism Subgroup has been meeting to discuss tourism development. • October, November and December 2010 and January, 2011 – Cindi Cruz completed the 2011 Community Calendar of Events. The Calendar of Events has been posted to the City’s website at http://www.ci.edmonds.wa.us/CalendarOfEventsForWebsite.pdf Items of Interest  Energy Efficiency / Sustainability Significant Activities Since October 22, 2010 • November 17, 2010 – See page 7, November 17, 2011 item under Economic Development Commission.  American Recovery and Reinvestment Act (ARRA) Energy Efficiency and Conservation Block Grant (EECBG) In March of 2009, Energy Secretary Steven Chu announced plans to invest $3.2 billion in energy efficiency and conservation projects in U.S. cities, counties, states, territories, and Native American tribes. The Energy Efficiency and Conservation Block Grant (EECBG) program, funded by President Obama’s American Recovery and Reinvestment Act, will provide formula grants for projects that reduce total energy use and fossil fuel emissions, and improve energy efficiency nationwide. The City of Edmonds received notification that it is eligible for a $160,200 block grant under the EECBG program. The City has until June 25, 2009 to submit an application, i.e., "claim" the grant amount, and 18 months to obligate and three years to expend the funds. This is an entitlement grant for cities over 35,000 in population, rather than a competitive grant. On September 22, 2009, the City was notified that the Department of Energy has awarded an Energy Efficiency Conservation Block Grant to the City of Edmonds. The award is the full amount referenced in the March 2009 eligibility announcement ($160,200). The funds will be used for the following six different projects. Announcement of the EECBG opportunity was shared with, and the attached proposed project list was also reviewed by, the Mayor’s Climate Protection Committee. Project 1 - PC Energy Management (federal funds) Project 2 - Network Server Energy Upgrades – (federal funds) Packet Page 56 of 77 11 Project 3 - Residential & Commercial Energy Meters (federal and local non-federal funds) Project 4 - Heating System Design and Feasibility Study (federal funds) Project 5 - Purchase Hybrid Vehicles – (federal and local non-federal funds) Project 6 - Low-Energy Lighting Retrofit – (federal funds) Significant Activities Since October 22, 2010 • January, 2011 – As noted within earlier Community Services/Economic Development Reports, it is possible that the City may consider the purchase of an electric police scooter and/or other electric sedan(s) in lieu of one or more of the hybrid vehicles identified in t Item 5 above as technology and availability improves. This is dependent on availability and pricing within the required 3-year expenditure window. NOTE: The City has been notified that it is eligible for a Nissan Leaf which would be the City’s first all electric vehicle and charging station. The City’s Public Works Department is working on details related to this potential purchase.  Burlington Northern Santa Fe – Installation of Second Rail Line As a part of the Sound Transit’s Sound Move, Burlington Northern Santa Fe (BNSF) will be installing a second rail line alongside the existing rail line between the areas north of Downtown Edmonds and south of Marina Beach Park. Based on BNSF engineering plans and field stakes, there will be impacts to Admiral Way and Marina Beach Park. As mentioned within 2010 Community Services and Economic Development Quarterly Reports, the City secured the services of an engineering firm in order to fully determine the impact and possibly design a new Admiral Way alignment that will maintain access to Marina Beach Park, Port of Edmonds and existing parking areas. Regarding a timeline related to the installation of a BNSF second rail line, BNSF has begun grading south of Dayton Street and the installation and relocation of the existing and second rail lines respectively, could begin sometime in 2011 and 2012 or later. This being said, I am trying to obtain a definitive date as to when installation of the second rail line. Significant Activities Since October 22, 2010 • October, November and December 2010 and January, 2011 – BNSF has been installing culverts beneath the existing rail line and a future second rail line near Marina Beach Park and off leash area. The culverts, financed by Sound Transit, will allow for the eventual daylighting of Willow Creek. Packet Page 57 of 77 12  Washington State Ferries (WSF) Mukilteo Multimodal Terminal Project As mentioned within Community Services/Economic Development 2010 Quarterly Reports, WSF and the Federal Transit Administration (FTA) have been in the process of evaluating concepts to replace or relocate the Mukilteo Ferry Terminal. The environmental process for this project was re-initiated in February 2010 after being on hold since 2007, due to funding and constructability issues associated with previously identified alternatives. During this process, the project team evaluated ten concepts in the screening process. These concepts, which are described within the document Mukilteo Multimodal Project Concept Descriptions (WSF, September 2010), are listed below and grouped geographically. NOTE: The concepts were posted on the home page of the City’s website. Existing Mukilteo Terminal • No Build • Existing Site Improvements Elliot Point • Elliot Point – Option 1 • Elliot Point – Option 2 • Elliot Point – Option 3 • Mount Baker Terminal Edmonds • Edmonds - Existing Terminal • Edmonds – Existing Site Improvements • Edmonds – Point Edwards Everett • Port of Everett South Terminal Referenced within the October, 2010 Quarterly Report, I cited that Mayor Cooper and City staff did/do not support the Existing Main Street Concept for reasons cited within a May 26, 2010 e-mail (this was not an all inclusive list). A follow-up response was sent to WSF on November 15, 2010 with a copy also sent to the City Council. Significant Activities Since October 22, 2010 • October 12, 2010 – WSF conducted a public scoping meeting in Mukilteo. • October 13, 2010 – WSF conducted a public scoping meeting at Whidbey Island. • October 14, 2010 – WSF conducted an on-line public meeting. • October 27, 2010 – WSF conducted a public scoping meeting in the City of Edmonds Council Chamber. Packet Page 58 of 77 13 • November 19, 2010 - City staff provided a response to Washington State Ferries. • December 15, 2010 - Washington State Ferries conducted a Mukilteo Multimodal Project Transportation discipline support meeting where the main topic of discussion related to a Draft Mukilteo Multimodal Terminal Project Transportation Methods and Assumptions Tech Memo. During the meeting, I stated that based on my review of the materials provided, it appears that as a result of early environmental screening, reassigning the Mukilteo/Clinton ferry route to the Cities of Everett or Edmonds, as alternatives to building a new Mukilteo Multimodal Terminal, will no longer be studied within the Mukilteo Multimodal Terminal Environmental Impact Statement. Washington State Ferries staff confirmed this to be the case. To learn more about the project, please visit the project webpage at www.wsdot.wa.gov/projects/ferries/mukilteoterminal/multimodal/.  Washington State Ferries (WSF) - Temporary Closure of Mukilteo Multimodal Terminal – Requires Temporary Rerouting For a Clinton/Edmonds Route WSF is closing the Mukilteo Ferry Terminal for three weekends in March/April 2011 for repairs. The dates are as follows: Friday, March 18-Sunday, March20 Friday, March 25-Sunday, March 27 Friday, April 1 – Sunday, April 3 (only if needed) During this time, ferry riders from Clinton, Whidbey Island, will be temporarily routed to Edmonds. The third weekend closure is tentative because WSF hopes to have the work completed in the first two weekends, but is allowing for additional time should the work necessitate it. During these weekends, the Edmonds terminal will be operating between 5:00 a.m. and midnight. There will be an additional 17 sailings on Friday and 16 additional sailings on Sat/Sun out of Edmonds. The intersection at Main Street will be operating with ferry traffic for 35 minutes each hour (compared to 20 minutes each hour during normal operation). To assist customers and locals, there will be WSP and/or WSF presence at Pine, Dayton and Main Streets. Packet Page 59 of 77 AM-3680   Item #: 2. E. City Council Meeting Date: 01/25/2011 Time:Consent   Submitted For:Jaime Hawkins Submitted By:Megan Cruz Department:Engineering Committee:Community/Development Services Type:Action Information Subject Title Report on final construction cost for the 2009 Asphalt Overlay Project and Council acceptance of project. Recommendation from Mayor and Staff Council accept the 2009 Asphalt Overlay Project.  Previous Council Action On June 23, 2009, Council authorized Staff to advertise for bids on the 2009 Asphalt Overlay Project. On August 17, 2009, Council awarded a contract to Cemex Construction Materials Pacific LLC for the 2009 Asphalt Overlay Project. On October 19, 2010, Council authorized $82,415 in funding from the Street Construction/Improvement Fund for the 2009 Asphalt Overlay Project.   On January 11, 2011, the CS/DS Committee reviewed this item and recommended it be placed on the Council consent agenda for approval. Narrative The 2009 Asphalt Overlay project is complete.   The project improved Dayton St. between SR104 and 5th Ave, 212th St. between 84th Ave and 72nd Ave and replaced the decorative crosswalks at the intersection of Dayton St. and 5th Ave. The contract administration and inspections during construction were completed by Perteet Engineering with support from City staff.  A summary of the construction costs are shown below:      Construction Cost   Contractor (CEMEX Construction)$952,007 Testing (HWA Geosciences) $12,095 Construction Management (Perteet Engineering)$107,280 City Staff $11,000    Total Construction Cost $1,082,382 A federal grant through the American Recovery and Reinvestment Act (ARRA) provided $999,985 in funding and the balance was paid from local funds.   Packet Page 60 of 77 Form Review Inbox Reviewed By Date Engineering Robert English 01/20/2011 10:33 AM Public Works Sandy Chase 01/21/2011 10:32 AM City Clerk Sandy Chase 01/21/2011 10:32 AM Mayor Mike Cooper 01/21/2011 11:16 AM Final Approval Sandy Chase 01/21/2011 11:23 AM Form Started By: Megan Cruz Started On: 01/12/2011  Final Approval Date: 01/21/2011  Packet Page 61 of 77 AM-3695   Item #: 2. F. City Council Meeting Date: 01/25/2011 Time:Consent   Submitted By:Frances Chapin Department:Parks and Recreation Review Committee: Committee Action: Type:Action  Information Subject Title Authorization to award Edmonds Arts Commission recommended Tourism Promotion contracts with local cultural organizations. Recommendation from Mayor and Staff Authorize Mayor to sign contracts for Tourism Promotion awards. Previous Council Action Narrative The Edmonds Arts Commission Tourism Promotion Awards Committee and staff reviewed applications requesting a total of $11,000 for 2011 funding. Allocations totaling $9,000 were recommended in a motion at the Arts Commission regular meeting on December 6, 2010. The funding for these contract awards is budgeted for 2011 from the portion of the City Lodging Tax Tourism Promotion Fund allocated to the Arts Commission per Resolution #630. The expenditure is part of the approved 2011 budget for the 123 Fund. Each applicant organization awarded meets the requirements set forth by the Edmonds Arts Commission and is required to submit a final report to meet the State reporting requirements for expenditure of Lodging Tax funds. The following contract awards are recommended for City Council approval: Cascade Symphony Orchestra - $2,000 for radio advertising; Driftwood Players - $2,000 for the season brochure; EAFF/Art Studio Tour - $1000 for print/ banner advertising; Olympic Ballet - $2,500 for print/banner advertising; for a new ballet production, Coppelia; Sno-King Chorale - $1000 for radio/print/banner advertising; and due to the fact that some cultural events are developed later in the year, $500 for emerging events that may receive Arts Commission approval during 2011. Each of the cultural organizations recommended for awards attracts significant numbers of visitors to Edmonds for their events.  Attachments EAC Tourism Promotion Application Form Review Inbox Reviewed By Date City Clerk Sandy Chase 01/20/2011 03:21 PM Mayor Mike Cooper 01/20/2011 04:45 PM Final Approval Sandy Chase 01/20/2011 05:05 PM Form Started By: Frances Chapin Started On: 01/18/2011 01:50 PM Final Approval Date: 01/20/2011  Packet Page 62 of 77 City of Edmonds Parks, Recreation & Cultural Services Department Contracts for Cultural Tourism Promotion - 2011 GUIDELINES OBJECTIVE: To award contracts for services to promote cultural/art events/programs that strengthen community based arts organizations and contribute to economic vitality through attracting audience from outside of Edmonds. This objective is accomplished through funding provided to the Edmonds Arts Commission by the City of Edmonds Lodging Tax Fund per City Council Resolution 630. Generally no more than $2,000 will be awarded to any one organization. ELIGIBILITY: Projects presented by not for profit organizations for promotion of cultural events/programs to attract visitors to Edmonds are eligible. Projects could include advertising, publicizing, or otherwise distributing information on activities or events for the purpose of attracting and welcoming visitors to Edmonds. Proposals that are exclusively for an organization’s membership or other exclusive group will not be considered. DEADLINE: The deadline is Tuesday, November 30, 2010 - 5 p.m. Incomplete or late applications will not be considered. Applications will be reviewed by the Arts Commission and awards will be voted on at the next regularly scheduled Commission meeting. Contract awards are recommended pending City Council approval. Applicants will be notified by the end of February, 2011. PROCEDURES: Applications must be submitted on the attached form. We do not anticipate you will need more space than the amount allowed to answer questions. Cover letters may be added but will not substitute for an application form. Please send or deliver FOUR (4) copies including original of your completed application to: Edmonds Arts Commission, 700 Main Street, Edmonds WA 98020 FOR MORE INFORMATION: Please contact the Cultural Services/Arts Office, Frances Chapin or Kris Gillespie, Edmonds Arts Commission, 425-771-0228, or chapin@ci.edmonds.wa.us REVIEW CRITERIA In awarding these contracts for services to promote cultural tourism the Edmonds Arts Commission rcommendations are generally based on the following criteria to evaluate the applicant organization: (40%) 1. Promotion of artistic quality: the degree of professionalism exhibited in events/programs sponsored by the organization; the extent to which these events/programs attract visitors to the community and improve the community's reputation for and appreciation of the arts. (15%) 2. Community Cultural Plan: the extent to which the organization supports the goals or implements strategies of the Community Cultural Plan. (15%) 3. Public participation: the degree to which the public is involved in organizing, implementing and evaluating the projects of the organization; attendance by the public. (15%) 4. Financial need: the demonstration of financial need is reflected in a realistic budget, reasonable ratio of program expenditures to administrative costs and evidence of other funding sources, i.e. donations. (15%) 5. Management capabilities: demonstration of the ability to complete and evaluate the project successfully, i.e. board resources, skilled personnel, previous successful programs. Previous year recipients of EAC Cultural Touism Awards will be reviewed contingent on submission of a satisfactory Final Report NOTE: Set your page margins at .5” on all sides to fit this document Packet Page 63 of 77 Promotion Contract Award Application Form Edmonds Arts Commission FISCAL YEAR 2011 January 1 - December 31, 2011 1. Applicant Organization LEGAL NAME: MAILING ADDRESS: ADDRESS: CITY: STATE: ZIP: ORGANIZATION CONTACT: PHONE: BOARD PRESIDENT: INCORPORATION DATE: IRS DETERMINATION # 2. Organization Profile: Briefly describe the mission and goals of your organization and your programs and services. 3. Event/Program Information (what event or program you are promoting) PROGRAM TITLE: PROGRAM START DATE: PROGRAM END DATE: 4. Project Description (Be specific, this is what you will spend the money on, not necessarily the overall event. For example, radio advertising, print advertising, banner, etc.) TOTAL REQUEST $ 5. Project Evaluation – Please answer the following questions with regard to the specific project you are requesting funds for (e.g. brochure, radio ads, poster etc.). Include additional information on your overall program if applicable. a. How can you demonstrate that this project encourages people to come to Edmonds? Packet Page 64 of 77 2011 EAC Promotion Award Application 2 b. Who is your intended audience? (e.g. radio ads reach what geographic area?) What is your anticipated attendance (#)? How will you report on and evaluate the effectiveness of the project in attracting visitors to Edmonds this year? c. How are volunteers and the greater public involved in organizing, implementing and evaluating this proposed event/program? d. How does your specific project and your overall program further the goals of the Community Cultural Plan? A copy of the plan can be downloaded at www.ci.edmonds.wa.us/artscommission 6. Organization Budget Overview Fiscal year starting & ending dates: To: Most recently completed fiscal year actuals Revenue: Expense: Current fiscal year projected: Revenue: Expense: 7. Please provide the following supportive documentation with your application: __ 1. I.R.S. Determination Letter (501(c)(3) Status) or WA State non-profit designation __ 2. A current copy of your approved Operating Budget __ 3. Current Board List (with contact information) __ 4. Three letters of support for the project. These letters may be from up to two board members, plus participants and/or recipients of your program/services attesting to the value/need of your proposal and your ability to complete the project. Remember to include 4 complete copies of your application (one original and three copies). > NOTE: incomplete grant requests will not be considered < Packet Page 65 of 77 AM-3701   Item #: 3. City Council Meeting Date: 01/25/2011 Time:5 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type: Information Subject Title Swearing-in ceremony for Police Sergeant Kenneth D. Ploeger. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative A swearing-in ceremony will be conducted for Police Sergeant Kenneth D. Ploeger. Form Review Inbox Reviewed By Date Mayor Mike Cooper 01/20/2011 04:45 PM Final Approval Sandy Chase 01/20/2011 05:05 PM Form Started By: Sandy Chase Started On: 01/20/2011 03:24 PM Final Approval Date: 01/20/2011  Packet Page 66 of 77 AM-3685   Item #: 4. City Council Meeting Date: 01/25/2011 Time:5 Minutes   Submitted By:Renee McRae Department:Parks and Recreation Review Committee: Committee Action: Type:Action  Information Subject Title Presentation of check by the Edmonds Police Foundation in honor of Chief David N. Stern for Haines Wharf Park. Recommendation from Mayor and Staff Accept check and thank the Edmonds Police Foundation for $12,100 to support amenities at Haines Wharf Park. Previous Council Action Narrative The Edmonds Police Foundation will present a check to the City of Edmonds for the Chief David N. Stern Overlook at Haines Wharf Park.  The $12,100 is from donations received from friends, co-workers and the community following the Chief’s death in 2007.  The overlook amenities will be paid for with these funds. This includes two benches, a viewing scope and a scenic identifier. Form Review Inbox Reviewed By Date City Clerk Sandy Chase 01/19/2011 04:41 PM Mayor Mike Cooper 01/20/2011 04:45 PM Final Approval Sandy Chase 01/20/2011 05:05 PM Form Started By: Renee McRae Started On: 01/13/2011 10:19 AM Final Approval Date: 01/20/2011  Packet Page 67 of 77 AM-3697   Item #: 5. City Council Meeting Date: 01/25/2011 Time:60 Minutes   Submitted For:Lorenzo Hines Submitted By:Debra Sharp Department:Finance Review Committee: Committee Action: Type:Action  Information Subject Title Public Safety Reserve Fund budget amendment to pay off 1998 LTGO bonds.  (Public comment will be received). Recommendation from Mayor and Staff None Previous Council Action The issue was discussed by Council on 12/14/2010.  The Council voted 4-1 to pay off the city hall portion of the 1998 LTGO bond on 1/4/2011 using the balance from the Public Safety Reserve. Narrative This amendment requests expenditure authority from the Public Safety Reserve Fund in the amount of $1,335,993 to pay off the city hall portion of the 1998 LTGO bond.  As of 12/23/2010, the bond pay off totaled $1,334,438.  Additional authority, above the pay off amount, is requested in case the pay off figure increases due to time and market conditions. Fiscal Impact Fiscal Year:2011 Revenue: Expenditure:$1,335,993 Fiscal Impact: Expenditure authority totaling $1,335,993, from Fund 010- Public Safety Reserve, is requested to pay off bond debt. Attachments 1998 LTGO Budget Amendment 1998 LTGO Bond Summary Form Review Inbox Reviewed By Date Finance Lorenzo Hines 01/20/2011 04:03 PM City Clerk Sandy Chase 01/20/2011 04:07 PM Mayor Mike Cooper 01/20/2011 04:45 PM Final Approval Sandy Chase 01/20/2011 05:05 PM Form Started By: Debra Sharp Started On: 01/20/2011 09:14 AM Packet Page 68 of 77 Final Approval Date: 01/20/2011  Packet Page 69 of 77 R:\BUDGET\BUDGET AMENDMENT\2011\JANUARY AMENDING ORDINANCE.DOCX ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3831 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2011 Budget; and WHEREAS, the applications of funds have been identified; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3831 adopting the final budget for the fiscal year 2011 is hereby amended to reflect the changes shown in “Exhibit A” adopted herein by reference. Section 2. 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 Packet Page 70 of 77 2 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, MIKE COOPER ATTEST/AUTHENTICATE: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ___ W. SCOTT SNYDER, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 71 of 77 3 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2011, 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, AMENDING ORDINANCE NO. 3831 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, 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 ________________,2011. CITY CLERK, SANDRA S. CHASE Packet Page 72 of 77 4 EXHIBIT“A:” BUDGET SUMMARY BY FUND 2011 2011 FUND FUND BEGINNING REVENUE EXPENDITURES ENDING NO. DESCRIPTION CASH CASH 001 GENERAL FUND 2,815,313 32,512,273 32,320,897 3,006,689 006 EMERGENCY/FINANCIAL RESERVE 1,927,600 0 0 1,927,600 009 LEOFF-MEDICAL INS. RESERVE 435,782 376,566 481,500 330,848 010 PUBLIC SAFETY EMERGENCY RESERVE 1,334,993 1,000 1,335,993 0 104 DRUG ENFORCEMENT FUND 91,478 30,000 80,233 41,245 111 STREET FUND 420,421 1,363,000 1,426,942 356,479 112 COMBINED STREET CONST/IMPROVE 113,189 1,394,407 1,369,795 137,801 113 MULTIMODAL TRANSPORTATION FD. 26,542 1,000,000 1,025,000 1,542 116 BUILDING MAINTENANCE 86,325 106,600 95,000 97,925 117 MUNICIPAL ARTS ACQUIS. FUND 340,026 58,900 109,050 289,876 118 MEMORIAL STREET TREE 17,570 0 0 17,570 120 HOTEL/MOTEL TAX REVENUE FUND 176,262 75,000 105,750 145,512 121 EMPLOYEE PARKING PERMIT FUND 87,811 20,000 26,086 81,725 122 YOUTH SCHOLARSHIP FUND 15,878 3,000 4,000 14,878 123 TOURISM PROMOTIONAL FUND/ARTS 50,705 18,850 21,000 48,555 125 PARK ACQ/IMPROVEMENT 150,316 700,000 623,000 227,316 126 SPECIAL CAPITAL FUND 342,159 700,000 699,582 342,577 127 GIFTS CATALOG FUND 187,398 4,640 6,300 185,738 129 SPECIAL PROJECTS FUND 702 224,260 224,962 0 130 CEMETERY MAINTENANCE/IMPROV 92,319 119,700 148,179 63,840 131 FIRE DONATIONS 0 0 0 0 132 PARKS CONSTRUCTION 255,694 1,687,500 1,735,500 207,694 136 PARKS TRUST FUND 111,422 37,000 0 148,422 137 CEMETERY MAINTENANCE TRUST FD 782,566 13,300 0 795,866 138 SISTER CITY COMMISSION 11,057 5,400 4,900 11,557 211 LID FUND CONTROL 0 0 0 0 213 LID GUARANTY FUND 50,233 0 0 50,233 234 LTGO BOND DEBT SERVICE FUND 0 465,973 465,973 0 411 COMBINED UTILITY OPERATION 4,473,733 15,002,937 15,139,354 4,337,316 412 COMBINED UTILITY CONST/IMPROVE 3,611,757 6,825,000 10,300,000 136,757 414 CAPITAL IMPROVEMENTS RESERVE 158,752 947,035 836,035 269,752 511 EQUIPMENT RENTAL FUND 4,534,302 875,476 1,184,702 4,225,076 617 FIREMEN'S PENSION FUND 263,852 92,928 132,250 224,530 631 TRANSPORTATION BENEFIT DISTRICT 0 600,000 600,000 0 Totals 22,966,157 65,260,745 70,501,983 17,724,919 Packet Page 73 of 77 5 EXHIBIT “B”: BUDGET AMENDMENTS BY EXPENDITURE ORD. NO. ORD. NO. ORD. NO. 2011 FUND FUND 3831 Amended NO. DESCRIPTION 12/31/2010 1/25/2011 Budget 001 GENERAL FUND 32,320,897 0 0 32,320,897 006 EMERGENCY/FINANCIAL RESERVE 0 0 0 0 009 LEOFF-MEDICAL INS. RESERVE 481,500 0 0 481,500 010 PUBLIC SAFETY EMERGENCY RESERVE 0 1,335,993 0 1,335,993 104 DRUG ENFORCEMENT FUND 80,233 0 0 80,233 111 STREET FUND 1,426,942 0 0 1,426,942 112 COMBINED STREET CONST/IMPROVE 1,369,795 0 0 1,369,795 113 MULTIMODAL TRANSPORTATION FD. 1,025,000 0 0 1,025,000 116 BUILDING MAINTENANCE 95,000 0 0 95,000 117 MUNICIPAL ARTS ACQUIS. FUND 109,050 0 0 109,050 118 MEMORIAL STREET TREE 0 0 0 0 120 HOTEL/MOTEL TAX REVENUE FUND 105,750 0 0 105,750 121 EMPLOYEE PARKING PERMIT FUND 26,086 0 0 26,086 122 YOUTH SCHOLARSHIP FUND 4,000 0 0 4,000 123 TOURISM PROMOTIONAL FUND/ARTS 21,000 0 0 21,000 125 PARK ACQ/IMPROVEMENT 623,000 0 0 623,000 126 SPECIAL CAPITAL FUND 699,582 0 0 699,582 127 GIFTS CATALOG FUND 6,300 0 0 6,300 129 SPECIAL PROJECTS FUND 224,962 0 0 224,962 130 CEMETERY MAINTENANCE/IMPROV 148,179 0 0 148,179 131 FIRE DONATIONS 0 0 0 0 132 PARKS CONSTRUCTION 1,735,500 0 0 1,735,500 136 PARKS TRUST FUND 0 0 0 0 137 CEMETERY MAINTENANCE TRUST FD 0 0 0 0 138 SISTER CITY COMMISSION 4,900 0 0 4,900 211 LID FUND CONTROL 0 0 0 0 213 LID GUARANTY FUND 0 0 0 0 234 LTGO BOND DEBT SERVICE FUND 465,973 0 0 465,973 411 COMBINED UTILITY OPERATION 15,139,354 0 0 15,139,354 412 COMBINED UTILITY CONST/IMPROVE 10,300,000 0 0 10,300,000 414 CAPITAL IMPROVEMENTS RESERVE 836,035 0 0 836,035 511 EQUIPMENT RENTAL FUND 1,184,702 0 0 1,184,702 617 FIREMEN'S PENSION FUND 132,250 0 0 132,250 631 TRANSPORTATION BENEFIT DISTRICT 600,000 0 0 600,000 Totals 69,165,990 1,335,993 0 70,501,983 Packet Page 74 of 77 6 EXHIBIT “C”: BUDGET AMENDMENT DETAIL Department Category Debit Credit Description on Summary Sheet Public Safety Emergency Reserve 1998 Ref Bond Principal 1,319,864 Budget appropriation needed to pay off the City Hall portion of the 1998 LTGO bond. Public Safety Emergency Reserve 1998 Ref Bond Interest 16,129 Public Safety Emergency Reserve Ending Fund Balance 1,335,993 Packet Page 75 of 77 1 December 23, 2010 MEMORANDUM To: Lorenzo Hines From: Scott Bauer Alan Dashen Re: Refunding of the City’s 1998 Limited Tax General Obligation Bonds – Summary At the December 14 council meeting, Councilmember Petso requested that we review several options for refunding (i.e. refinancing) the City’s 1998 Limited Tax General Obligation Refunding Bonds (the “1998 Bonds”), particularly the portion being paid for with REET 1 funds. The three options requested were (1) refund the entire 1998 Bonds without extending the term of the bonds (i.e. final maturity 12/1/2014); (2) refund the entire 1998 Bonds, extending the City Hall portion to 20 years (i.e. final maturity 12/1/2030); and (3) provide the cost of paying off the City Hall portion of the 1998 Bonds with cash. Results Below are the results of refunding the 1998 Bonds, with and without extending the City Hall portion: Refunding – No Extension City Hall Portion Non-City Hall Portion Total Issue Avg. Annual Savings (Loss) $14,020 $5,283 $19,303 Gross Savings (Loss) $56,079 $21,133 $77,212 Present Value Savings (Loss) (1) $55,433 $19,935 $75,369 Present Value Savings (Loss) as % of Refunded Bonds (1) 4.20% 4.20% 4.20% (1) Present value to 2/1/2011 at 3%. Refunding – Extend City Hall Portion City Hall Portion Non-City Hall Portion Total Issue Avg. Annual Savings (Loss) 2011-2014 $265,095 $5,283 $270,378 Avg. Annual Savings (Loss) 2015-2030 ($103,517) N/A ($103,517) Gross Savings (Loss) ($595,886) $21,133 ($574,753) Present Value Savings (Loss) (1) ($161,669) $19,935 ($141,734) Present Value Savings (Loss) as % of Refunded Bonds (1) (12.25%) 4.20% (7.90%) (1) Present value to 2/1/2011 at 3%. Note that by extending the final maturity, the City Hall (REET 1) portion results in lower debt service payments through 2014, but greater total payments since the debt is outstanding for a longer period of time. Packet Page 76 of 77 2 Paying Off City Hall Portion with Cash As an alternative, the City could use cash to pay off the City Hall portion of the 1998 Bonds. Based on current investment rates and the amount of outstanding debt, the required cash payout would be approximately $1,334,438. Other City Bonds The City also has several other bond issues outstanding which were reviewed during the Council meeting. Based on current rates, refunding the City’s 1998 Water and Sewer Revenue Bonds results in present value savings of about $34,000. Refunding the 1998, 2001, and 2001B LTGO Bonds results in present value savings of about $280,000, unless the 1998 Bonds are structured as discussed above. These are true savings to the City, net of all costs, and refinancing the debt is good financial “housekeeping”. We would recommend proceeding with the preparation of refunding these bonds. Prior to issuing the refunding bonds, we would review with the City the amount of the savings. Please do not hesitate to contact us if you have any questions or comments. Packet Page 77 of 77