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2011.02.22 CC Agenda Packet                 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Avenue North, Edmonds FEBRUARY 22, 2011                 6:45 p.m. - Meeting with candidate for appointment to the Arts Commission. 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-3758 Approval of City Council Retreat Minutes of February 4 and 5, 2011.   C. AM-3759 Approval of City Council Meeting Minutes of February 15, 2011.   D. AM-3760 Approval of claim checks #123915 through #124039 dated February 17, 2011 for $336,867.66. Approval of payroll direct deposit and checks #50231 through #50258 for the period February 1, 2011 through February 15, 2011 for $619,089.68.   E. AM-3750 Authorization to expend budgeted conference registration funds for Edmonds Arts Commissioners.   F. AM-3757 Approval of 2011 Taxicab Operator's License for North End Taxi.   3. (5 Minutes) Confirmation of appointment to the Arts Commission.   4.Audience Comments  (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   5. (45 Minutes) Update from the 2010-11 Citizen Levy Committee. Packet Page 1 of 112 5. (45 Minutes) AM-3751 Update from the 2010-11 Citizen Levy Committee.   6. (30 Minutes) AM-3754 Authorization for Mayor to sign Addendum No. 4 to the Professional Services Agreement with Perteet, Inc for the Shell Valley Emergency Access Project and report on the January 27, 2011 public meeting. Public comment will be received on this item.    7. (30 Minutes) AM-3755 Final City Council deliberation on selection of City Attorney.   8. (15 Minutes) AM-3752 Discussion regarding House Bill 1265, relating to land use planning in qualifying unincorporated portions of urban growth areas; and amending RCW 36.70A.110.   9. (15 Minutes) Council reports on outside committee/board meetings.   10. (5 Minutes) Mayor's Comments   11. (15 Minutes) Council Comments   ADJOURN   Packet Page 2 of 112 AM-3758   Item #: 2. B. City Council Meeting Date: 02/22/2011 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of City Council Retreat Minutes of February 4 and 5, 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 02-04 and 02-05-11 Draft City Council Retreat Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Sandy Chase Started On: 02/17/2011 09:20 AM Final Approval Date: 02/18/2011  Packet Page 3 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 1 EDMONDS CITY COUNCIL RETREAT DRAFT MINUTES February 4-5, 2011 The Edmonds City Council retreat was called to order at 8:48 a.m. on Friday, February 4, 2011 in the Brackett Meeting Room, City Hall, 121 5th Avenue North, Edmonds, Washington. ELECTED OFFICIALS PRESENT Friday, February 4 Mike Cooper, Mayor Strom Peterson, Council President Steve Bernheim, Councilmember D. J. Wilson, Councilmember (arrived 8:52 a.m.) Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Saturday February 5 Mike Cooper, Mayor Strom Peterson, Council President Steve Bernheim, Councilmember D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Diane Buckshnis, Councilmember ELECTED OFFICIALS ABSENT Saturday February 5 Adrienne Fraley-Monillas, Councilmember PUBLIC PRESENT Friday, February 4 Peter Gibson, Council Student Representative Darrol Haug Harry Gatjens Roger Hertrich Phil Lovell Jan Vance, Chamber of Commerce Frank Yamamoto Ron Wambolt Don Hall Christiana Johnson Val Stevens Al Rutledge PUBLIC PRESENT Saturday, February 5 Finis Tupper Darrol Haug Jan Vance Roger Hertrich Al Rutledge Paul Anderson STAFF PRESENT Friday February 4 Al Compaan, Police Chief Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Lorenzo Hines, Finance Director Carrie Hite, Parks & Recreation Director Rob Chave, Planning Manager Carl Nelson, CIO Leonard Yarberry, Building Official Debi Humann, Human Resources Director Mary Ann Hardie, Human Resources Assistant Kim Cole, Executive Assistant Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Saturday February 5 Stephen Clifton, Community Services/Economic Development Director Carrie Hite, Parks & Recreation Director Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder Packet Page 4 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 2 FRIDAY, FEBRUARY 4, 2010 – INTRODUCTION / RETREAT GOALS Council President Peterson called the meeting to order at 8:48 a.m. He explained the retreat was intended to be informal to begin a broad conversation regarding issues for 2011. Staff was asked to provide an overview of their outlook for 2011, not budget details, but what they expected to get done with the available time, staff and budget to ensure the Council and staff were on the same page. He summarized there was nothing specific to accomplish at the retreat other than moving forward. He thanked Councilmembers for the input they provided. MAYOR’S COMMENTS / DIRECTORS’ REPORTS Mayor Cooper explained the following reports are the result of a recent staff retreat where he asked staff to provide their priorities and then the group established a consensus of priorities. Police Police Chief Al Compaan described the following 2011 projects: • PD and IT: New World/MDC/commercial wireless/SECTOR • PD: Complete v1.1 of Policy Manual and post on website • PD and HR: Civil Service testing – Corporal, Sergeant • PD and HR: Medical leaves, L&I, fitness for duty, sick leave buy-back, new hire orientation • PD, HR and Finance: Labor negotiations • PD: Evidence Tech – Crime Scene Tech training Chief Compaan responded to questions regarding labor relations, labor negotiations, DNA testing, and opportunity to partner with other agencies on fingerprint examination. Chief Compaan described the following projects that are needed but lack funding: • In-car video ($100,000) • Additional Police Services Assistant position • Crime Analyst/Crime Prevention position ($125,000) • Enhanced security of Public Safety Building parking lot ($100,000) • P/T or contract latent fingerprint examiner Chief Compaan responded to questions regarding vandalism and pedestrian safety in the Public Safety parking lot, School District funding for a school resource officer, and discussions at Council Committee regarding whether to pursue Woodway paying more for police services. Councilmember Buckshnis suggested adding to the polling questions whether voters would support $100,000 for in-car videos, a school resource officer and/or crime analyst/crime prevention. Parks, Recreation and Cultural Services Parks and Recreation Director Carrie Hite explained she has been engaged in a look, listen and learn process with staff, Councilmembers and citizens. She reviewed the following 2011 projects: • City Park: Install new playground equipment ($210,000 funded from REET 2) • Yost Pool: Re-plaster ($120,000) • Old Mill Town Plaza ($40,000) • Interurban Connection ($1.327 million, includes grants) • Haines Wharf ($2.3 million – still negotiating cost overruns) • SR99 Enhancement ($230,000) – considering combining two phases to save management costs • Flower Poles – a goal to replace 10 poles in 2011 • Community Solar Project Packet Page 5 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 3 • Budget/marketing/web presence/revenue enhancements • Partnerships • Grant opportunities Ms. Hite described the following needed projects that lack funding: • 4th Avenue Cultural Corridor Planning ($75,000), grants have been secured for interpretive signage • Dayton Street Plaza ($135,000). Ms. Hite recommended moving this to 2012 due to staffing • Asphalt Issues at parks/City-owned facilities • City Spray Park – needs a fund development campaign Ms. Hite responded to questions and discussion ensued regarding additional funding needed for the Old Mill Town Plaza, obtaining a Certificate of Appropriateness for the Frances Anderson Center before seeking approval of the project from the City Council, determining whether installation of solar panels on the Frances Anderson Center roof would invalidate the roof guarantee, Old Mill Town businesses’ concern with the structure planned for the plaza and their desire to be involved in the design, the relationship between the design of Old Mill Town Plaza and the Cultural Plan, quantifying the benefit to the City of the solar panels and identifying an alternate site, seeking grants and other funding opportunities for the Edmonds Marsh, cost overruns at Haines Wharf, project management, whether users of City facilities cover their costs, expanding the availability of WiFi in areas near City facilities, interest in increasing height limits downtown up to 2 feet exclusively to allow solar panels, and funding for a spray park. Ms. Hite was asked to provide cost estimates for the 4th Avenue Corridor, asphalt repairs at parks and City facilities and the spray park so that questions regarding support for those projects could be included in the polling questions Public Works Public Works Director Phil Williams explained most staff members spend the majority of their time on operating and maintenance; he was not proposing to change that. He identified 2011 projects/priorities: Water • Complete design, bidding and construction of both the 2010 and 2011 water main replacement programs including 15,5000 feet of new mains (3 miles) and 250 new or replaced services - $3.8 million • Complete the Alderwood Intertie and Yost Reservoir Improvement project - $520,000 Wastewater • Lift Station improvement program – update/replace 12 of the City’s 14 wastewater pumping stations - $3.55 million • Design sewer main replacement on Alder, Beach Place, Dellwood and McAleer for construction in 2012 - $140,000 Stormwater • Design and construct Talbot Road/Perrinville Creek Flooding and Habitat Enhancement Project - $522,000 • Lake Ballinger Forum projects – flood control – $50,000-$100,000 Transportation • Begin design of Five Corners Roundabout – $150,000 • Design Main Street pedestrian lighting and streetscape improvements - $725,000 enhancement grant, still seeking additional funding • Design/ROW in 2011/2012 for 228th/Hwy 99 safety and access improvements - $310,000 • Bid and construction Interurban Trail improvements 244th to 228 - $1.327 million • Bid and construct Hwy 99 International District lighting enhancement – $230,000 • Bid and construct Shell Valley winter weather access (safety) – $463,000 Additional Projects Packet Page 6 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 4 • GFC Analysis for Utility connections/Road Rating Study/GIS functional expansion/Water/Sewer/Storm conservation rate feasibility analysis/bicycle lanes and/or sharrow striping/route signage • Senior Center Roof (reimbursed via grant) He identified the following projects that lack funding: • Street Funding – need to establish an ongoing source of revenue for street preservation (maintenance paving) - $1.5 million/year • Funds for Main Street Project enhanced scope development – undergrounding power, mid-block pedestrian crossing, LID features, fiber optic expansion, electric vehicle charging stations, etc. – $600,000 Mr. Williams responded to questions regarding use of TBD funds for operations and maintenance, whether water main replacement includes full width overlay or patching, design of the Five Corners roundabout, and the width and operation of the Shell Valley access road. Councilmember Buckshnis suggested adding to the polling questions whether voters would support $150,000/year for overlays and to improve pedestrian/bicycle facilities on Sunset north of Main to Caspers (need cost estimate). Development Services Community Services/Economic Development Director Stephen Clifton reviewed 2011 project/priorities: • Define development services in terms that integrate sustainability into the department’s daily operations • Code and Standards – rewrite in a fashion that reflects principles of sustainability, a clarity of purpose and coherent path of implementation • Developing Green – create an interdepartmental “Green Team” that will serve as an implementation tool in moving operations and service delivery toward sustainable levels • Implement Sustainability Element of the Comprehensive Plan Mr. Clifton reviewed citywide priorities: • Council and Director’s retreats – focus on setting annual priorities and thereby serve as an initial step in the strategic planning process • Support strategic planning a neighborhood budgeting by priorities proposals. Mr. Clifton identified needed projects that lack staffing levels: • ECDC rewrite – No director to direct and implement overall process Economic Development Mr. Clifton reviewed department priorities: • Development and implement economic development initiatives • Complete Five Corners and Westgate Special District Planning effort • Strategic Planning Effort • Liaison to Port of Edmonds on Harbor Square Master Planning Effort • Comcast Franchise Agreement (April 2010) Mr. Clifton reviewed citywide priorities: • Website update • Develop a structural outline/framework along with the Levy Committee in order to create a levy proposal by midyear 2011 Packet Page 7 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 5 • Recommendation: 1) explore budgeting by priorities or some version of this process, and 2) Council and Director’s retreats focus on setting annual priorities which serve as a significant step in the strategic planning process The Council agreed to delay further Directors’ Reports until after the following reports: REPORTS / Q & A FROM EDC, PORT, PLANNING BOARD, FIRE DISTRICT 1 Economic Development Commission (EDC) EDC Chair Frank Yamamoto advised he will provide the Council an update regarding the EDC’s efforts at an upcoming Council meeting. He relayed the ten commandments for economic development according to Dr. Maury Forman, Director of Education and Training, Washington State Department of Community, Trade and Economic Development: 1. Remember the Economic development Plan and keep it flexible 2. Fill the land with new value 3. Teach and train for a highly skilled, adaptable and creative work force 4. Continually assess existing markets 5. Invest in citizens and communities strategically 6. Encourage innovation 7. Recognize assets and build on them 8. Create transportation systems that ignite economic growth 9. Seek out global opportunities 10. Honor vibrant communicates that improve the quality of living When checking the EDC’s work against these commandments, he found they were doing most of them. The EDC is working on and improving the existing situation and encouraging businesses to locate in Edmonds. For example, downtown Edmonds added seven new businesses this year. He commented businesses are locating here due to the vitality, growth and potential for a successful business. This is the result of the EDC, Council and staff. The EDC plans to continue working on the original four areas – land use, technology, strategic plan and tourism and are looking for new topics. The EDC is interested in green initiatives, tourism, utilizing and enhancing what exists, taking advantage of the transportation network, seeking partnerships, and the Strategic Plan. He invited the Council to provide input. Councilmember Buckshnis suggested the EDC look into development agreements and investigate the impact of a 4-story boutique hotel downtown, referring to a presentation provided to the EDC regarding development of the post office property. Discussion followed regarding businesses that have left Edmonds, new businesses locating in Edmonds, and improving the perception of parking downtown via the creation of satellite parking lots. Councilmembers suggested the EDC consider the creation of a parking map/signage and potential benefits of a year-round Farmers Market due to transportation connections. Port of Edmonds Bob McChesney, Executive Director, Port of Edmonds, provided several facts about the Port: • The Port has a marina, dry stack storage, fuel dock, public launch, guest moorage and work yard • Of 665 total slips, occupancy is 89%, most vacancies are seasonal and for small boats • 280 dry storage slots are 78% occupied • Over 3,000 vessels spent over 4,800 nights in guest moorage in 2010. This benefits the City because they spend money in Edmonds. Packet Page 8 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 6 • 78 local vendors participate and provide discounts and promotions in the Port’s Designation Edmonds Program. The Port provides a van to shuttle boaters downtown. • Marina budget for 2011 is $4.8 million • The Port manages 50 leases. Property budget in 2011 is $2 million. Occupancy at Harbor Square has increased to 75% Last year the Port completed an economic feasibility study that established benchmarks to guide a Master Planning process. The Port also completed phase 1 public outreach which was intended to engage the community in understanding the opportunities and constraints that shape the future Master Plan. That public outreach process was very successful. The Port is committed to creating a Master Plan for Harbor Square that satisfies two principles, 1) has broad community support, and 2) it is economically feasible. The Port has established a process for a phase 2 public outreach that will include further discussion of design concepts. A Harbor Square Steering Committee has been established. He. He summarized the Port expects to complete phase 2 by late March/early April following by an open house to provide a more detailed but not yet final concept The desired outcome is a Harbor Square Redevelopment Master Plan concept that would be approved by the Port Commission. The plan concept would then be submitted to the City for approval. He recognized the Plan would ultimately require an amendment to the Comprehensive Plan which they hoped could be accomplished in 2011. The Port is also working with the Planning Department on Shoreline Master Program changes as well as with Public Works to discuss a strategy to resolve flooding issues at the intersection of SR104 & Dayton. Mr. Chesney responded to Council questions. Planning Board Council President Peterson advised he planned to schedule a joint Council/Planning Board meeting. Phil Lovell, Planning Board Chair, referred to the Planning Board’s written 2010 report. He explained during the past year when discussing proposals, the Planning Board has considered how their recommendations relate to the economic and livability sustainability of the City. Their goal is to work with staff to ensure code amendments, regulatory adjustments, etc. proceed smoothly. The Planning Board held their annual retreat on February 2 and had consensus on items they will be working on in 2011 as well as new items the Board may initiate regarding economic development, supporting the EDC and sustainability. Mr. Lovell highlighted areas and subjects in process and new/pending items for 2011 listed in the Planning Board Report. Although the Planning Board is not currently involved in the UW Study of Five Corners/Westgate or the Harbor Square Master Plan process, they are supportive of groups initiating changes to encourage growth and development. Mr. Lovell summarized the one area that needs improvement is communication. The Planning Board would like to reinstitute regular meetings between the Planning Board leadership and the Mayor. He also recommended scheduling at the City Council’s convenience a joint City Council/Planning Board meeting. Council President Peterson declared a brief recess. Fire District 1 Council President Peterson advised there was a meeting Monday, January 31 with representatives of neighboring cities to discuss the creation of a Regional Fire Authority (RFA). Packet Page 9 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 7 Fire District 1 Chief Ed Widdis provided a PowerPoint regarding the creation of a RFA or annexing into a Fire District. He described: • Differences between the formation of a RFA and annexation into a Fire District with regard to planning, governance, and creation • Creation of a RFA is approved by the majority vote of the entire area, annexation into the Fire District is approved by a majority vote of both the City and the Fire District • City versus Fire District revenue generation methods • Benefit Charge • Growth potential map of FD1 • Assessed value map of Fire Districts 1 and 7 • Assessed value map of Edmonds • Assessed value map of FD1 Silver Lake Area • FD1 cost of operations • Edmonds contract cost of operations • District taxation • Registered voters and registered voter percentages in southwest Snohomish County by city and in FD1 • Population by city and FD1 • Population per square mile • Assessed value by city and FD1 • Assessed value by square mile • Assessed value per population • Housing units by city and FD1 • Housing units per square mile • Population per housing unit • Total assessed value by housing unit • 2011 new construction by city and FD1 • 2011 new construction percentage of assessed value by city and FD1 • Tax limitations on city, library district and fire district • Tax limitations with a benefit charge • Tax levy limitations without benefit charge by city • Tax levy limitations with benefit charge by city • Equivalent tax rate by city and FD1 • Fire District 1 rate compared to city property tax rate • Current tax rate for Edmonds and FD1 • Total Edmonds Fire Department costs (contract, station maintenance/repair, SNOCOM/SERS) • Edmonds total Fire Department costs funded by EMS levy and General Fund • Fire only tax rate – Edmonds and FD1 • Fire only tax rate with benefit charge • Property taxes generated by Edmonds and FD1 Chief Widdis responded to questions regarding the ability of the majority of voters in an area to approve the creation of a RFA, participation in the RFA planning committee, required City Council approval to place formation of a RFA on the ballot, benefit service charge, taxation limits, other areas that have formed a RFA, other planning committees that are considering a RFA, how an area/city joins once a RFA is established, process for annexing into FD1, impact on Edmonds property taxes if a RFA is approved or the City annexes into FD1. Mayor Cooper described the RFA process. At the monthly mayors meeting, it was decided to move forward with inviting all the cities and FD1 to appoint three representatives to the planning committee and begin the planning process. At any time the City Council can say they no longer want to participate in the planning Packet Page 10 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 8 committee or they could proceed to the end of the process and then decide they do not want to participate. The planning committee plans to meet in March. He explained Kent had an intensive 2-year planning process prior to placing the RFA on the ballot as well as a 6-month outreach/public education process before the vote occurred. Because it is a 2-3 year process, the RFA discussions are not competing with the current discussions regarding a levy. He acknowledged a RFA would result in a tax increase but the City would no longer be spending General Fund money for fire protection and it would save the City’s budget approximately $3.2 million/year. He advised Councilmembers Wilson, Petso and he are participating on the RFA planning committee. Discussion continued regarding definition of a region (at least two jurisdictions with contiguous boundaries), State law regarding formation of a RFA, guarantees that individual cities could request, equivalent tax rate of jurisdictions, cities and districts interested in participating in the planning committee, ability to have an advisory vote prior to the ballot measure, and FD1’s consideration of a contractual consolidation with FD7. DIRECTORS’ REPORTS (Con’t) City Clerk As City Clerk Sandy Chase is on vacation, Mayor Cooper suggested Councilmembers review the information in the PowerPoint slides, and direct any questions to Ms. Chase. Human Resources Human Resources Director Debi Humann explained the Human Resources Department consists of Human Resources Assistant Mary Ann Hardie and herself. She briefly reviewed their backgrounds, education, and certifications. She described the Human Resources Department’s responsibilities, summarizing she and Ms. Hardie are involved in all aspects of Human Resources from hiring to resignation/retirement/termination. Ms. Humann reviewed statistics since 2004 for L&I (workman’s compensation), Family Medical Leave, and costs associated with the Disability Board (LEOFF 1). She emphasized the minimal staffing in Edmonds makes it difficult for staff to get their work done; this is particularly challenging in Human Resources with only two staff members. She provided a comparison of FTE to Human Resources staff in Edmonds and other cities. Ms. Humann reviewed 2011 Work Priorities/Opportunities: • Complete Hearing Examiner process • Assist Council with City Attorney process • Public Defender contract • Update City job descriptions (WCIA mandate) • Update City policies (WCIA mandate) • Recruitment for Development Services Director • Transition to new medical plans • Compensation Consultant process • Partner with PD on Corporal Assessment Center • LEOFF 1 records issues • Completion of union negotiations • Create job descriptions for new positions and negotiate with unions Ms. Humann reviewed 2011 projects that may not be completed: • Citywide accident prevention plan (OSHA requirement) • Website update • Emergency Operations Committee (EOC) Packet Page 11 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 9 Ms. Humann responded to questions regarding creation of a citywide accident prevention plan and potentially assigning the Emergency Operations Plan to another department. Finance & Information Services Finance Director Lorenzo Hines reviewed 2011 priorities: • Closing the 2010 fiscal year – due mid to late February 2011 • Preparation of the 2010 Comprehensive Annual Financial Statement – due April 1, and May 27, 2011 • Preparation of the 2012 budget – due September 23, 2011 • Deployment of Office 2007 citywide • Limited deployment of Windows 7 throughout the organization Mr. Hines distributed an organization chart with each staff person’s responsibilities. With regard to projects in need that lack funding, he advised there were none. Everything the Finance Department does is regulated or mandated and a way must be found to complete all the projects despite limited resources. Council President Peterson relayed that Mayor Cooper has formed a committee to review financial reporting issues; they plan to meet within the next week. The retreat was recessed for lunch from 12:22 p.m. to 1:34 p.m. Mayor Mayor Cooper explained the directors and he spent a day together to develop and review priorities that staff presented as well as develop general priorities and a vision statement for 2011. The vision statement: Edmonds delivers cost effective, highly responsive services that provide an enhanced quality of life within our community. Mayor Cooper reviewed 2011 Administrative priorities: Creating financial viability now that creates Sustainability for generations • Begin the most effective budget for 2012 by planning for the process now. • Ensure budget planning includes the highest possible level of community input. Redmond spent approximately $200,000 on the change in their budget process. He plans to consider and implement elements of that type of budget process without spending that kind of money such as holding community meetings, form stakeholder groups to meet with directors, etc. • Protect the taxpayer assets we currently have as resources for the future; including cash, property, workers and infrastructure. • Develop framework so that responsible voter-approved revenue proposals can be thoughtfully considered by the community. The Levy Committee is getting close to providing a recommendation to the Council and can expect a recommendation from Mayor and staff. Communication that is positive, productive, transparent and frequent – begins with us • Integrate communication that uses full spectrum of media and technology resources in order to reach the most people. Person priority is to explore all media options and do ones that not cost $. • Encourage positive communication between the Executive Branch, City Council, members of the public, employees by modeling the ideal • Ensure the finest representation of the needs and strengths of Edmonds to local, regional, state and federal lawmakers. For example, Mountlake Terrace spends $30,000/year on a federal lobbyist and receive far more direct appropriations. • Fully integrate the community in the 2011 strategic planning process. • Ensure a technology infrastructure that is safe, secure and protects the public’s information, while enhancing efficiency of service delivery to the public. The future of Edmonds starts with planning for the future today • Establish a strategic plan that is geared toward implementation. Packet Page 12 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 10 • Optimize the continued focus on citywide economic development in Edmonds – opportunities for increased sales tax reduces the property tax burden. • Ensure the highest level of emergency preparedness. • Develop and implement a citywide energy conservation plan. Mayor Cooper responded to questions regarding the goal to do more than the usual and typical ways of gathering public input via meetings with stakeholders, and outreach to voters who do not attend Council meetings. REAL ESTATE EXCISE TAX (REET) FUND INFORMATION SETTING COUNCIL PRIORITIES Council President Peterson referred to list of 2011 Council issues/priorities provided by Councilmembers. He noted there were many great ideas; the Council will need to do more of the leg work than they have done in previous years. The Council reviewed the list of 2011 Council Issues/Priorities and added issues/priorities (shown in italics): Environmental Initiatives • Building Codes rewrites/green initiatives o Identify incentives vs. mandates, barriers, etc. • Renewable power purchase • Tree Board • Polystyrene • Transportation (parking, address ADA issues, fix potholes, Complete Streets) Levy • Survey • Levy Committee • Timeline • Options/alternatives • Public involvement, engagement and education • Transparency (website, government channel, press, community forums, etc.) Downtown/Waterfront • Street dining • Parking (tourism, satellite parking) • Downtown hotel • Retail depth/ceiling height • Main Street project (pilot project for wider sidewalks) • Review zoning regulations applicable to Old Safeway property to make it more attractive to the development community o Drainage issues – effects on developable land? Will there be a need to acquire land to store stormwater? • Development agreements Finances • Financial Reports • REET Allocation • Borrowing policies • Financial Policies • Medical/benefit costs – Public Safety & Human Resources Council Committee to consider medical self- insurance Packet Page 13 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 11 Other • Complete Streets • Hwy 99/Medical Corridor • Fiber • Strategic Planning • RFA – next steps • Public input in a timely manner (website, government channel, social media?) • Tourism (focused efforts, boutique hotel, parking, WiFi, partnerships, Farmers Market, sport events/activities to bring people to town such as marathon or triathlon). How does the code effect tourism related proposals? • 311 (non emergency government information) – example: City of Portland • Hwy 99/Swedish Edmonds/International District • Woodway Police Contract – review prior to expiration During the above identification of Council issues/priorities, CIO Carl Nelson described the update and launch of the City’s website and there was discussion regarding the effectiveness of social media, Edmonds’ engaged electorate, and the EDC Tourism Subgroup’s inventory of existing recreation assets and events and identifying ways to build on those. Council President Peterson declared a brief recess. POLLING QUESTIONS FOR SURVEY MONKEY Councilmember Buckshnis suggested adding polling questions regarding $125,000 for a Crime Analyst/Crime Prevention, $100,000 for Police in-car video, $100,000 for enhanced security in the Public Safety parking lot and funds for park improvements (staff to provide a cost estimate). Councilmember Buckshnis reviewed the draft polling questions. Discussion followed regarding the Edmonds Center for the Arts’ (ECA) capital shortfall, the ECA/PFD governance structure, need for a more complete explanation of the questions, adding the rate of a B&O tax if that question is included, adding a disclaimer that polling is not from the City Council, concern that responses via Survey Monkey are not statistically valid, whether the purpose of the survey is to engage the public or to use the results to make policy decisions, whether to spend the money on a scientific survey that will assist with policy decisions, concern with the length of a survey, typically short online surveys, cost of a statistically valid phone survey, preference to offer voters 2-3 levy options with dollar amounts, formulating levy options over the next few months, concern the polling will not provide information from which the Council can reach a conclusion, purpose of polling to engage the public and start a dialogue, the need to ascertain the Council’s political will before engaging/educating the public, engaging the public via scheduling levy discussions on Council agendas, and revenue provided by various per $1000 AV amounts. (Councilmember Fraley-Monillas left the retreat at 3:47 p.m.) Councilmember Wilson explained a levy of $0.25/$1000 AV generates approximately $1.6 million which would provide a status quo budget for the next 4 years. Every additional $0.05/$1000 AV generates approximately $300,000. He suggested the Council start with $0.25/$1000 AV and add amount for roads, parks, etc. Discussion continued regarding levy amounts, timeline for placing a levy on the ballot, concern that division among Council candidates would result in failure of a levy on the primary or general election ballot, timing of the 2012 budget, frustration with continued Council discussion regarding a levy and no action, the time necessary to build the public’s confidence and establish transparency, developing 2-3 options with the Citizen Levy Committee’s (CLC) assistance, a targeted/specialized levy versus an operating levy, the need for Packet Page 14 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 12 transparent financial reporting, the need to address the increased cost of benefits, financial projections, the need to make cuts now if the Council does not plan to put a levy on the ballot, support for the “right” levy, concern a targeted levy for street overlays would not provide funds for the General Fund, scheduling a regularly occurring levy agenda item on Council agendas to vet options and the upcoming CLC report to the Council. With regard to timing of any budget cuts, Mayor Cooper explained if a levy is not placed on the ballot or the voters do not approve a levy in 2011 and a levy is then approved in 2012, revenue from the levy will not be collected until 2013. In the absence of a levy in 2011, the 2012 budget will reflect some cuts to prepare for shortfalls in future years and to provide a one month reserve. Mayor Cooper suggested the Council consider a statistically valid poll which he estimated would cost $15,000. Council President Peterson, Mr. Hines and he will identify a source of funding. Discussion continued regarding the Council committing to doing something with the poll data such as placing a levy on a date certain ballot, potential that a levy will fail and need to be placed on a future ballot, testing levy rates via a poll, Redmond’s successful levy, and limiting an online survey/poll to 10 questions. Council President Peterson suggested scheduling discussion regarding a statistically valid survey on an upcoming agenda. Councilmember Buckshnis offered to reduce the number of polling questions and include a disclaimer that the poll is from the CLC and not the Council. PUBLIC COMMENT Darrol Haug, Edmonds, member of the EDC and the CLC, explained the CLC is discussing targeted levy options and a General Fund levy with a 3-year time line. He commented on the decision facing the Council in 2014 with regard to the Fire Department. If the Fire Department is funded outside the General Fund, it will free up $3 million to the General Fund. Ron Wambolt, Edmonds, disagreed the proposed polling would not be harmful. He did not support a poll that mixed asking citizens how much more they were willing to pay in taxes and whether they supported various revenue sources. In addition, much of the public was not informed enough to answer questions regarding gambling or B&O taxes. For example, most citizens are unaware that gambling cannot be restricted to certain locations within the City or that neighboring cities do not have a B&O tax and that implementing a B&O tax in Edmonds would severely impact car dealerships. Roger Hertrich, Edmonds, recommended the poll be kept simple. He anticipated the voters did not support the TBD fee because they dislike car tab increases and there were too many projects. He recommended the Council identify the City’s critical needs that will not be funded without additional revenue; citizens will support items that are important to them. With regard to annexing into Fire District 1 or forming a RFA, he pointed out both would increase property taxes like annexing into the SnoIsle Library District did. Al Rutledge, Edmonds, referred to a petition submitted in Lynnwood recommending they pursue a City Manager. He noted Edmonds residents could circulate a petition recommending the Council pursue alternate revenues sources such as gambling. He announced the Edmonds Lutheran Church is sponsoring an Easter Egg Hunt. They also plan to have a Christmas in July event downtown this summer. The Edmonds Log Cabin hopes to a holiday event downtown. He summarized events generate revenue for the City. DAY 1 WRAP UP Council President Peterson thanked staff for their reports. He advised tomorrow the Council will discuss an action plan based on the priorities. There will also be an opportunity tomorrow for Councilmembers to discuss process questions such as agenda memo, the role of Council President, future retreats, etc. Packet Page 15 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 13 The first day of the retreat concluded at 4:35 p.m. SATURDAY FEBRUARY 5, 2010 – CALL TO ORDER The second day of the retreat was called to order at 9:05 a.m. COUNCIL 2011 ACTION PLAN Council President Peterson distributed notes taken during yesterday’s discussion regarding Council issues/priorities. He suggested Councilmembers identify which items they are interested in taking on and which are already being done. The Council reviewed the priorities and identified an action plan for several of the priorities (shown in italics) Environmental Initiatives • Building Codes rewrites/green initiatives –in process. o Identify incentives vs. mandates, barriers, etc. • Renewable power purchase – Councilmember Bernheim offered to investigate a partnership with Snohomish PUD. • Tree Board – Council President Peterson relayed the ordinance forming the Tree Board did not provide staff; he is working with Planning Manager Rob Chave to identify staff to be involved at meetings. • Polystyrene –Councilmember Bernheim offered to develop a strategy. • Transportation (address ADA issues; fix potholes; Complete Streets) – Council President Peterson advised he planned to present a Complete Streets ordinance to the Council in the next month. Levy – The CLC will provide a report to the Council on February 15 or 22. The Council can then decide whether to schedule discussion regarding a levy as a periodically agenda item • Survey – Councilmember Buckshnis advised she has reduced the poll to four basic questions. • Levy Committee • Timeline • Options/alternatives • Public involvement, engagement and education • Transparency (website, government channel, community forums, etc.) Downtown/Waterfront • Street dining – Council President Peterson pointed out it is better to allow street dining on an ongoing basis due to the cost to rent tables, chairs, etc. for only occasional use. Councilmembers Bernheim and Buckshnis offered to meet with Public Works Director Phil Williams, the Chamber and Downtown Merchants to discuss transforming parking spaces into pedestrian/park space such as adjacent to the Old Mill Town Plaza. Councilmember Petso suggested that would make satellite parking more important. Ms. Hite suggested a pilot project in conjunction with design of the Old Mill Town Plaza. • Parking (tourism, satellite parking) • Downtown hotel • Retail depth/ceiling height – Mr. Clifton described the past process to reduce retail depth. Discussion followed regarding the intent of the reduced depth to allow parking behind the building, some businesses’ interest in a smaller square footage, and determining a depth that would still allow parking behind. Mr. Clifton relayed the Planning Board is considering a code amendment regarding the requirement for commercial frontage in some areas. Councilmember Wilson suggested the Community Services/Development Services Committee consider a code amendment to require retail on the first floor in BD1 and to grandfather existing uses. • Main Street project (pilot project for wider sidewalks) Packet Page 16 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 14 • Review zoning regulations applicable to Old Safeway project to make it more attractive to the development community o Drainage issues – effects on developable land? Will the land be needed for storing stormwater? Councilmember Bernheim commented the Zoning Code should not be an impediment to development/sale of property. He asked whether minor changes could be made to the zoning in this area. Mr. Clifton suggested the EDC, Planning Board, the new Development Director and he address that issue. Discussion followed regarding uses for the site such as a Farmers Market or hotel, and how to attract a boutique hotel to downtown. Mr. Clifton relayed the owner of the post office site (Doug Spee) presented a concept to the EDC that includes a hotel. Because an hotelier will require a certain number of rooms, increased height will be required. That could be done via a development agreement that allows a modification to height. He offered to post Mr. Spee’s conceptual presentation on the EDC’s webpage. • Development agreement Finances • Financial Reports – A committee consisting of Councilmember Bernheim, Council President Peterson, Darrol Haug and Lorenzo Hines is working on this. • REET Allocation – Councilmembers discussed paying off the City Hall bonds to free up the REET revenue stream for capital needs and/or potential park purchases, and revising the current allocation to provide more to streets and less to parks. It was suggested the Council have a complete discussion regarding the allocation of REET funds at a regular Council meeting. • Borrowing policies – Finance Committee is working on this. • Financial Policies – Finance Committee is working on this. • Medical costs and benefits (Human Resources/Public Safety Committee) – Councilmember Wilson described medical self-insurance and the savings that can be realized, emphasizing the importance of a stop loss policy and a transition fund. He suggested loaning the $1.3 million in the Public Safety Reserve to provide transition funds for self-insurance. Discussion followed regarding the need for approximately 200 employees to disseminate the risk, the City’s past experience with self-insurance, poor partner in AWC (non-compete contracts with healthcare insurance providers), Kirkland’s evaluation and implementation of self-insurance, other ways to create the transition fund, projected savings, ensuring that options that lower the cost do not lower benefits to employees, need to bargain any change in medical with unions, requirements for self-funded plans under healthcare reform, and forming a Public Safety & Human Resources Committee to consider medical self-insurance. Mayor Cooper agreed AWC was a poor partner and offered to contact the City’s legislators to encourage them to propose a bill that requires association plans to provide experience ratings. Mr. Clifton offered to contact Mike Doubleday. Other • Complete Streets • Hwy 99/Medical Corridor – Mr. Clifton reported the Hwy 99 Taskforce has discussed combining their efforts with the EDC. He offered to check on the Comprehensive Plan amendment to change the boundaries of the Medical Activity Center. With regard to the bill proposed by Representative Kagi (HB 1265) regarding Pt. Wells, Mayor Cooper cautioned the danger of that bill is that similar legislation could be proposed regarding development on Hwy. 99 within Edmonds. He recommended the Hwy. 99 Taskforce consider the impacts of development on adjacent cities. He has directed Mike Doubleday to support Representative Kagi’s bill. Discussion followed regarding the Community Services/Development Services Committee’s consideration of formal Council action to support the bill, the decision to be made by the Growth Management Hearings Board in March regarding the Pt. Wells Urban Center, Edmonds’ plan to be a party of record in the Pt. Wells SEPA, direction the Snohomish County Council has received to limit their comments on the project due Packet Page 17 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 15 to potential future quasi judicial decisions, impacts of development at Pt. Wells on Edmonds and potential mitigation. Councilmember Wilson offered to develop a resolution for Council consideration. • Fiber – making progress; several potential customers • Strategic Planning – in process, updates on the RFQ will be provided to the Council soon • RFA – next steps – RFA Planning Committee is moving forward • Public input in a timely manner (website, government channel, social media) • Tourism (focused efforts, boutique hotel, how does code ECDC effect tourism related proposals? parking, WiFi) • Retail Depth, ceiling height • 311? Example City of Portland • Highway 99/Swedish/International District • Woodway Police Contract – review prior to expiration – On the Finance Committee agenda in March. It was suggested Police staff be involved in the discussion. The Council discussed call volume, who bears the cost/time of major investigations, charging Edmonds residents for false alarms, financial impacts if Woodway terminated the contract and the need to illustrate the City’s costs to Woodway. Mayor Cooper offered to work with the City Attorney on a letter to Woodway to mutually open the contract. Council President Peterson advised he would formalize the action plan and send it out to the Council, Mayor and staff. He declared a brief recess. PROCEDURAL QUESTIONS Role of Council President Council President Peterson referred to the section of the City code that describes the duties of the Council President. He viewed his role as a liaison between Council, staff and Mayor. He invited Councilmembers to submit agenda items, advising items will be scheduled as agendas allowed. Agenda Memos Council President Peterson encouraged Councilmembers to assist staff such as completing the agenda template and doing it as soon as possible to allow staff to provide the Council as much information as possible. He also encouraged Councilmembers to contact staff with questions prior to Council meetings. Mayor Cooper reminded staff must have agenda memos in by noon Thursday for his approval. The more lead time Councilmembers can provide, the better. Council suggestions included: • Staff providing copies of minutes from the meeting when an issue was first initiated • Agenda items not necessarily be scheduled for action the first time they appear on the agenda to provide Council an opportunity to review the materials • Items be reviewed by Council Committee first • Move Audience Comment to the beginning of the agenda. The Council agreed to have Audience Comment at the beginning of the agenda as often as possible. • Stagger the start time of Council Committee meetings to allow Councilmembers to attend meetings other than those they are assigned to. • The agenda memo state whether the item is an update or action is requested • The agenda memo identify the lead for the item • Hotlink agenda memos to the Extended Agenda and post information as it is prepared rather than waiting until it is scheduled on the agenda to provide Councilmembers and opportunity to review materials ahead of time • Council consider hiring a Council Budget Analyst due to limited staff to answer questions. Packet Page 18 of 112 Edmonds City Council Retreat Draft Minutes February 4-5, 2011 Page 16 Councilmember Buckshnis requested an Executive Session at end of the retreat regarding a personnel issue. PUBLIC COMMENT Darrol Haug, Edmonds, remarked at last year retreat, five Councilmembers had Styrofoam cups; this year none of the Councilmembers did. From the public’s point of view, this has been an exciting two days. He thanked Council President Peterson for a great retreat and Councilmembers for being candid, open and honest. He thanked staff for attending and for doing a good job helping the public understand issues. He thanked Mayor Cooper for his ideas and for setting the tone, attitude and direction. He suggested the Council demonstrate retreat-type behavior in front of public rather than the behavior that often occurs at Council meetings. Roger Hertrich, Edmonds, commented it was an interesting retreat and he learned a few things. He noted information provided in the retreat packet regarding REET funds had been requested by the Finance Committee in November but had not been provided by staff. As a result of a public records request he submitted, he received information regarding the bond payment made out of the REET fund. He also requested and received information regarding where the City’s reserves are invested. He looked forward to better communication regarding the City’s finances. WRAP UP Councilmember Bernheim looked forward to the Council’s decision regarding the City Attorney. He noted improving the Senior Center is still a priority for him. He planned to conduct an independent investigation as well as with the Hwy. 99 Taskforce of Hwy. 99 businesses and introduce them to City government. He thanked Mayor Cooper for the process to prioritize issues. He relayed two Best Human Resources Practice Principles: 1) even well intentioned lectures convey negative messages, and 2) no great insight ever enters the mind through an open mouth. Councilmember Petso thanked staff who came today and participated in the discussion. Councilmember Buckshnis advised she planned to continue assisting with development of financial policies. She looked forward to working with Councilmember Wilson to investigate medical self-insurance. Councilmember Plunkett thanked Council President Peterson for his efforts and thanked everyone for a good retreat. EXECUTIVE SESSION – PERSONNEL ISSUE (RCW 42.30.110.1.g.) At 12:10 p.m., Council President Peterson announced that the City Council would meet in executive session regarding a personnel matter per RCW 42.30.110.1.g. He stated that the executive session was scheduled to last approximately 30 minutes and would be held in the Fourtner Meeting Room, located in City Hall. 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, Buckshnis, Peterson, Petso and Wilson. Recorder Jeannie Dines was also present. At 12:45 p.m., Councilmember Petso announced the executive session would be extended 15 minutes. The executive session concluded at 1:05 p.m. The retreat was adjourned immediately following the conclusion of the Executive Session. Packet Page 19 of 112 AM-3759   Item #: 2. C. City Council Meeting Date: 02/22/2011 Time:Consent   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 February 15, 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 02-15-11 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Sandy Chase Started On: 02/17/2011 09:22 AM Final Approval Date: 02/18/2011  Packet Page 20 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES February 15, 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, Fraley-Monillas, Buckshnis, Peterson, Petso and Wilson. Others present were City Attorney Scott Snyder, Human Resources Director Debi Humann, Public Works Director Phil Williams and City Clerk Sandy Chase. The executive session concluded at 6:57 p.m. The regular City Council meeting was called to order at 7:02 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 Steve Bernheim, Councilmember D. J. Wilson, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Michael Plunkett, Councilmember (arrived 7:42 p.m.) ALSO PRESENT Peter Gibson, Student Representative STAFF PRESENT Gerry Gannon, Assistant Police Chief Phil Williams, Public Works Director Lorenzo Hines, Finance Director Rob Chave, Planning Manager Debi Humann, Human Resources Director Rob English, City Engineer Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA Council President Peterson requested Agenda Item 6 be moved to follow Item 3. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER PETSO, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. (Councilmember Plunkett was not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. (Councilmember Plunkett was not present for the vote.) The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 8, 2011. Packet Page 21 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 2 C. APPROVAL OF CLAIM CHECKS #123783 THROUGH #123914 DATED FEBRUARY 10, 2011 FOR $185,556.57. D. ORDINANCE NO. 3835 – AMENDING PROVISIONS OF CHAPTER 10.50 ECC, PUBLIC LIBRARY BOARD, TO REFLECT 2001 CHANGES TO THE AGREEMENT BETWEEN SNO-ISLE AND THE CITY AND THE 2006 CLOSING OF SPECIAL LIBRARY FUND 621. E. AUTHORIZATION TO ADVERTISE A REQUEST FOR QUALIFICATIONS FOR PROFESSIONAL DESIGN AND RIGHT OF WAY SERVICES ON THE FIVE CORNERS ROUNDABOUT PROJECT. F. ORDINANCE NO. 3836 – AMENDING EDMONDS CITY CODE (ECC) 8.48.190, UPDATING PARKING PROVISIONS IN DESIGNATED BIKE LANES. G. EDMONDS SENIOR CENTER ROOF PROJECT. H. PROPOSED 2011 EQUIPMENT RENTAL HOURLY RATES FOR EXTERNAL AGENCIES AND THE TRANSPORTATION BENEFIT DISTRICT. 3. ENERGY STAR AWARD FOR CITY HALL Public Works Director Phil Williams recognized the City’s receipt of an Energy Star Award from the U.S. Environmental Protection Agency. Largely through the efforts of Jim Stevens, Facilities Coordinator, a series of energy saving improvements have been implemented in City Hall. The Energy Star Program compares a building’s energy and environmental performance with similar type buildings throughout the United States. To qualify, the building must perform better than at least 75% of the other buildings. He pointed out when City Hall was built, energy savings were not the primary goal and the building envelope, construction materials, windows, and heating system were not necessarily optimized. Many of those built in design decisions had to be overcome to achieve better performance. By contrast, a new LEED certified platinum building would provide exceptionally good energy performance. In the case of City Hall, there has been an effort to adapt an existing building and improve the performance. Mr. Williams presented a plaque and certificate to Mayor Cooper. The brass plaque will be mounted on the interior of City Hall. City Hall can now qualify each year if improvements continue and the building remains in the upper 25% of office buildings. Mayor Cooper asked Mr. Williams to relay his thanks to the Public Works staff. He also thanked staff who work in City Hall, noting the building is sometimes a little cold in the morning but everyone recognizes it saves energy. Mr. Williams agreed the energy savings are the result of choices that the building’s tenants make regarding the use of lighting and thermostats. 6. ORDINANCES REGARDING BOND REFUNDING. Finance Director Lorenzo Hines explained this item is consideration of an ordinance that would allow for the refunding of the 1998 Water & Sewer Revenue Bonds, 1998 Limited Tax General Obligation (LTGO) Bonds, 2001 LTGO Bonds, and 2001E LTGO Bonds. If the bonds are refunded, it is anticipated to result in approximately $46,634 in annual debt service savings. The present value of those savings over the remaining life of the bonds is approximately $288,000-$289,000. Alan Dashen, A. Dashen & Associates, recalled approximately a month ago they reviewed with the Council potential savings by refunding the outstanding LTGO bonds and will update that information tonight. He referred to the Refunding Update included in the Council packet, advising interest rates Packet Page 22 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 3 increased during the October – December timeframe and have recently decreased slightly. He attributed the increase to the fear among buyers of municipal bankruptcies which he felt had been overblown. They have considered the savings of refunding the bonds again and recommend proceeding with the bond sale. Mr. Dashen explained there were two ways bonds for the City could be sold: 1. Negotiated sale – an underwriting firm is selected. That firm sells the bonds on the City’s behalf on a best effort basis. 2. Competitive sale – the bonds are offered for sale on the internet; lowest interest rate wins. Because Edmonds is a highly rated City, these are LTGO bonds, and the $4-5 million size, he recommended a competitive sale for this bond issue. If a determination is made that method will not work well, they will work with the Finance Director on an alternate method. Scott Bauer, A. Dashen & Associates, referred to the Refunding Update and the 1998 Water & Sewer Revenue Bonds, 1998 and 1998, 2001, and 2001E LTGO Bonds they recommended be refunded in the upcoming bond issue. He referred to the average annual savings and present value savings, advising the total gross savings for the four issues is approximately $326,000 or present value savings of $288,000. He reviewed the bond schedule: • February 15 Adoption of bond ordinance • Week of March 7 Moody Rating Call • March 23 Post Preliminary Official Statement • April 5 Bond Sale Adoption of Bond sale Resolution • April 19 Bond Closing Mr. Dashen explained the $288,000 present value savings could change between now and when the bonds are sold depending on interest rates. If rates increase dramatically and the savings become significantly less, they will work with staff to determine whether it is worthwhile to sell the bonds or wait. When the bonds are sold, they are purchased contingent on City Council action. If the Council does not plan to vote yes on the sale of the bonds, they would rather know before the bonds are sold as it is awkward to have the process stop at that point. Councilmember Buckshnis explained the Council began discussing refunding in August 2010 when rates were significantly better. Rates have increased in recent months. She asked what the rate would be in April when the bonds would be sold. Mr. Dashen answered the consensus in the market is rates will slowly increase over the next year. Councilmember Buckshnis commented if rates increase, the savings via refunding are reduced. Mr. Dashen anticipated the fear associated with municipal bonds would lessen between now and April. Councilmember Buckshnis asked the cost of a bond sale. Mr. Dashen answered it is 1- 1½ % of the issue. Mr. Bauer estimated costs of $90,000. Mr. Dashen advised that covers the rating, their fee, bond counsel fees, and underwriting fees. Councilmember Buckshnis noted approximately 1½ years of savings were consumed by costs; some of the bonds mature in 2013. She questioned whether the Council should pursue bond refunding with rates at this level. Councilmember Petso asked what rates were included in tonight’s presentation materials. Mr. Bauer answered the current rate, 4.9%. Councilmember Petso asked whether the process could be halted if staff determines in the next few weeks that the savings are not sufficient. Mr. Dashen answered the process could be stopped and the City could wait until interest rates are more favorable. Mr. Dashen commented Packet Page 23 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 4 the longer the Council waits, the City continues to pay the high interest rates. If the City waits long enough, the savings disappear completely. He advised the savings are net of all costs. Alice M. Ostdiek, Foster Pepper, explained the bond ordinances outlines the structure of the transaction and authorizes the refunding of the four bond issues. She advised the Water & Sewer refunding may not be included depending on whether the City decides to go forward with other Water & Sewer Revenue Bonds in the near future. The ordinance provides sufficient flexibility to allow the Finance Director to work with the team to monitor the market and determine appropriate timing should interest rates change. Tonight Council is being asked to adopt the ordinance. They will return to the Council with a Sale Resolution that includes a summary of the terms agreed to that morning in the market based on that competitive sale. She reiterated the importance of the Council being comfortable with moving forward as the next time they are before the Council it will be after purchasers have agreed to purchase the bonds. Ms. Ostdiek explained the ordinance pledges the City’s general taxing authority as well as to the extent there is a Water & Sewer bond included, the water and sewer revenues for that portion. Councilmember Petso asked whether via the ordinance the Council agrees to anything they have not already agreed to do such as maintain a high coverage ratio in utility rate setting or any other obligation. Ms. Ostdiek advised the specific covenants are not included in the ordinance. If the water & sewer portion is included, the same covenants would continue. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO ADOPT ORDINANCE NO. 3837, AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, RELATING TO CONTRACTING INDEBTEDNESS; PROVIDING FOR THE ISSUANCE OF LIMITED TAX GENERAL OBLIGATION BONDS AND REVENUE BONDS TO PROVIDE THE FUNDS NECESSARY TO CARRY OUT A REFUNDING OF ALL OR A PORTION OF CERTAIN OUTSTANDING GENERAL OBLIGATION BONDS AND REVENUE BONDS OF THE CITY AND TO PAY THE ADMINISTRATIVE COSTS OF SUCH REFUNDINGS AND THE COSTS OF ISSUANCE AND SALE OF THE BONDS; FIXING CERTAIN TERMS AND COVENANTS OF THE BONDS; AND PROVIDING FOR THE PUBLIC SALE OF THE BONDS. MOTION CARRIED UNANIMOUSLY. (Councilmember Plunkett was not present for the vote.) 4. AUDIENCE COMMENTS Al Rutledge, Edmonds, reported late Sunday/early Monday a vehicle being pursued by the State Patrol crashed into a neighbor’s garage and the driver fled on foot. Several police agencies responded and the driver was eventually located by the Edmonds Police Department K-9 unit. He commended the Edmonds Police Department’s response. Next, he relayed that Swedish Edmonds reported a loss last quarter. The Hospital Board paid off one of their bonds. The Hospital District tax may be reduced. Donna Alexander, Edmonds, explained the house next door to her home was destroyed in a fire approximately a year ago. She expressed concern with the appearance of the house and the amount of debris in the yard, commenting it was unsightly as well as dangerous to children in the neighborhood and the environment. The homeowner has not been responsive to her requests to cleanup the property She asked whether the City could pursue cleanup via the nuisance ordinance. Mayor Cooper relayed Council President Peterson’s indication that he has contacted the Code Enforcement Officer Mike Thies today about this issue. Mayor Cooper suggested she send photographs of the property to Mr. Thies. Kristie Simard, Edmonds, also a neighbor of the house destroyed by fire, explained they have contacted Code Enforcement who indicated he can do nothing about the situation and that the owner of the property has done all he is required to do. She referred to the photographs, commenting the property was unsafe, Packet Page 24 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 5 unsightly and in danger of collapse. The building was declared a total loss by the insurance company and there is apparently a dispute regarding value. She was hopeful the City Council could assist them in remedying the situation. Ron Wambolt, Edmonds, asked how the 11 applicants for City Attorney were reduced to the 4 the Council interviewed. He has been unable to determine what other firms applied or what process was used. 5. PUBLIC HEARING ON RECONSIDERATION OF AN ORDINANCE AMENDING HOME OCCUPATIONS, EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 20.20. Planning Manager Rob Chave explained the Council held a public hearing on Home Occupation amendments on January 4, 2011. Following the public hearing, the Council provided direction to staff and staff has been drafting amendments for further Council discussion. On January 14, the Council voted to reconsider and hold a public hearing to reconsider the January 4 vote. He provided a comparison of the current code and the current draft amendment Current code Current Staff Draft Amendment Home Occupation with no visitors Permitted Permitted Cost $1550 $585 Public Notice/Comment Yes Yes Hearing Yes Yes (on appeal) Limitations (hours, visits, employees) No (set by Hearing Examiner) Yes (upper limits established in code) Mr. Chave explained in the current process, because the code is silent with regard to conditions, staff must develop a “rule of thumb” to assist the Hearing Examiner in applying conditions. At the January 4 public hearing there was interest in establishing standard conditions for home occupations. Under the proposed draft amendments, the upper limits would be codified. The proposed amendments also address art studios and small urban farms. Under the current code they are allowed as a home occupation but none of the art work or produce could be sold on site. For example, if the City held an art studio tour, people could visit the art studio but the artist could not sell their artwork. He clarified the amendments were not before the Council for consideration tonight. He noted there were several misconceptions as a result of the public hearing. The goal is to streamline and simplify the process as well as provide more certainty for home occupations. Councilmember Fraley-Monillas asked whether home occupations could locate anywhere in the City. Mr. Chave answered yes, the code applies citywide. Local circumstances are considered for specific home occupations; that would not change. It is possible in some locations if there is not adequate parking that additional conditions will be applied or a home occupation denied. Councilmember Fraley-Monillas observed if staff’s recommendation is not approved, there will be no change to the current situation. The only change will be the cost. Mr. Chave responded the amendments provided by staff provide a more streamlined process (staff decision rather than Hearing Examiner), public notice will be the same, ability to comment on an application remains the same, and additional standards (upper limits) will be established in the code. If the Council does not approve amendments, the situation with regard to art studios and urban farms continues to exist. Packet Page 25 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 6 City Attorney Scott Snyder explained the Council voted to reconsider their January 4 motion and that motion is now on the table (to direct the City Attorney to prepare an ordinance to implement the Planning Board’s recommendations as amended). If the vote on the motion fails, the Council will proceed with the public hearing and the Council can make a new motion and proceed with deliberations. Mayor Cooper clarified if the motion is approved, the agenda item is concluded and staff will proceed as directed on January 4. Councilmember Wilson summarized the process: On January 4 the Council amended the Planning Board recommendation and directed staff to prepare an ordinance implementing the Planning Board’s recommendations. The Council then passed a motion to reconsider the motion. The Council is now voting again on the January 4 motion. Councilmember Buckshnis explained she brought the motion to reconsider because January 4 was not a good time for a public hearing. Subsequent to the Council’s decision she received at least 25 emails objecting to the amendments to home occupation regulations and 1 email in support of the amendments. She assumed citizens were not aware the home occupation regulations were being expanded. Councilmember Plunkett commented he opposed this the first time and was happy to vote again. Councilmember Wilson commented he typically was deferential to public comment when so many emails were received on a topic. However, whoever was organizing the opposition was providing poor information because the comments and concerns were not reflective of the proposed amendments. For example the amendments will not turn every residential neighborhood into a strip mall as has been suggested. The amendments clarify what can already occur and propose limitation such as the number of employees. He summarized many of the concerns raised by the public were wholly unfounded. Council President Peterson echoed Councilmember Wilson’s comments. He agreed the timing of the public hearing may have added to the sense of misinformation. As Mr. Chave explained, the amendment will make it easier for the average citizen to access the process via a staff decision rather than the Hearing Examiner. The proposed process provides more direct communication with staff, notice will still be provided to neighbors as well as the fee reduced from $1550 to a more reasonable $585. Student Representative Gibson referred to Exhibit 1 that states no vehicles can visit the property or business between 9:00 p.m. and 8:00 a.m. He asked whether someone could park their vehicle and walk to the residence between those hours. Councilmember Fraley-Monillas pointed out the community has not been sufficiently educated regarding the amendments if the Council is receiving numerous emails. Councilmember Buckshnis advised the emails and telephone calls she received were from people who watch City Council meetings on TV. She preferred the home occupation regulations remain as they currently exist until the public can be better educated. Mayor Cooper restated the motion now on the table: TO DIRECT THE CITY ATTORNEY TO PREPARE AN ORDINANCE TO IMPLEMENT THE PLANNING BOARD’S RECOMMENDATIONS AS AMENDED. Mayor Cooper clarified a yes vote reaffirms the action the Council took on January 4 to direct staff to bring back the ordinance as amended. A no vote starts the process over. Packet Page 26 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 7 UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS WILSON AND BERNHEIM AND COUNCIL PRESIDENT PETERSON VOTING YES; AND COUNCILMEMBERS PETSO, PLUNKETT, FRALEY-MONILLAS AND BUCKSHNIS VOTING NO. Mayor Cooper opened the public participation portion of the public hearing. Dr. Jonathan Bannister, Edmonds, Executive Director, Pacific Northwest Budo Association, requested the Council support the changes proposed by staff to ECDC 20.20 with regard to home occupations. He has been an instructor of Japanese martial and cultural arts for more than 30 years. He is internationally accredited to teach Aikido, classical swordsmanship, calligraphy and flower arranging and would like to share his knowledge and enthusiasm for the arts by offering private, one-on-one instruction in his home. Instruction would be limited to one person per hour 9:00 a.m. to 8:00 p.m. He is located on an arterial street, requires no signage, has ample off-street parking, and his facilities are modern and up to code. The arts he teaches are practiced in silence and he will not offer regular classes. The scale of activity contemplated is modest and in keeping with the sensibilities of the community. In January 2010 he applied for a Type IIIB conditional use permit but was deterred by the $1550 application fee. He urged the Council to support the staff’s and Planning Board’s recommendation for a home occupation administrative permit. The proposal is the result of more than a year of careful discussion and consideration by many parties that included ample opportunity for public review and comment. The amendment streamlines the process, reduces fees and facilitates the licensing of home occupations that likely would be permitted under any circumstance. Roger Hertrich, Edmonds, commented the issue was dollars versus neighbors’ rights. He anticipated the previous speaker would have groups of people visiting his home which results in additional traffic. He referred to Councilmember Bernheim’s comment that remedies were available if problems developed or the character of the neighborhood changed, advising he had not found any remedies in the code to address problems. He anticipated if problems arose, the business would get their way after talking to staff and neighbors would be forced to appeal, costing them more than the original applicant paid. He suggested appeals be to the City Council and have no fee. Next, he objected to the hours of operation, commenting the hours in the construction noise ordinance were more restrictive. He preferred to retain the existing regulations that allow one office, one employee, and no signs, as such businesses were not visible to the neighborhood. He feared the proposed amendments would result in residential neighborhoods that function like a commercial zone. He objected to any change that altered the character of his neighborhood. Al Rutledge, Edmonds, pointed out on February 17, 2009 the Council increased fees. He inquired about the cost of a home occupation application in 2009. Hearing no further comment, Mayor Cooper closed the public participation portion of the public hearing. Councilmember Fraley-Monillas was supportive of generating tax dollars for Edmonds and did not want to prevent citizens from creating a business in their home. She was concerned that at least the 15-40 people who provided comment have been given the wrong impression. She was uncertain how to educate the public. She received emails from citizens expressing concern with businesses locating in their neighborhood, however, businesses can already locate in neighborhoods. Council President Peterson agreed with Councilmember Fraley-Monillas regarding the difficulty educating the public. Two public hearings have been held and three people spoke at each one; Dr. Bannister and Mr. Hertrich spoke at both, Mr. Rutledge spoke at one and Mr. Spellman spoke at one. There were also public hearings at the Planning Board. He was uncertain how the Council could further educate the public; the Council is elected to study issues and make decisions. He did not think it was Packet Page 27 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 8 feasible to hold meetings in neighborhoods throughout the City in an effort to educate the public. He was frustrated the Council made a decision and was now changing its mind based on a couple dozen emails. He preferred to educate the people who had expressed concerns one at a time rather than allow them to derail the process. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO ADOPT THE ORIGINAL ORDINANCE RECOMMENDED BY THE PLANNING BOARD. As the original Planning Board ordinance was not included in the packet, Councilmember Wilson suggested delaying further discussion and amendments to a future meeting. His goal by making the motion was to put the matter back in play and not let it drop. Mr. Chave agreed with continuing the ordinance to a future date, explaining the Council has not yet seen the ordinance that was drafted in response to the public hearing. Staff tried to take the suggestions regarding reducing the cost of the application and streamlining the process, retaining public notice and addressing art studios and urban farms. He asked whether the Council wanted to have another public hearing. Councilmember Wilson commented if there were four votes to not talk about this anymore, he was open to that option as well. COUNCILMEMBER WILSON WITHDREW HIS MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, FOR THE COUNCIL TO CONSIDER THE STAFF-RECOMMENDED ORDINANCE WITH THE CHANGES MR. CHAVE REFERENCED ON A FUTURE DATE. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER PETSO, TO REFER THE ORDINANCE TO THE COMMUNITY SERVICES/DEVELOPMENT SERVICES COMMITTEE FIRST. Mayor Cooper ruled that Councilmember Buckshnis’ motion took precedence over Councilmember Wilson’s motion. Councilmember Plunkett was intrigued by the idea of reducing the cost of an administrative review. However, along the way it became something else that he was unable to support. He looked forward to an opportunity for the Community Services/Development Services (CS/DS) Committee to review the proposed amendments. Council President Peterson reiterated this is the second public hearing before the Council and the matter has been reviewed by the CS/DS Committee at least once before as well as reviewed by the Planning Board. He was uncertain what new light would be shed by two Councilmembers reviewing it again. He preferred the ordinance be presented to the full Council. Councilmember Buckshnis anticipated a lot of light would be shed on the issue. After received 25 emails, she felt it was important to listen to the public. Councilmember Plunkett pointed out there are different Councilmembers on the CS/DS Committee than were on the Committee when the matter was reviewed previously. He did not recall that the Council was provided a strike out version comparing the original code to the changes recommended by the Planning Packet Page 28 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 9 Board. He questioned how the intent to reduce the $1550 fee to $585 became amendments that would significantly impact residential communities. Councilmember Fraley-Monillas anticipated having the matter reviewed by the CS/DS Committee would allow consideration of options, the appeal process, etc. Councilmember Bernheim supported staff developing an ordinance on January 4; the ordinance simply expands the use of home occupations and gives people living in residential areas more flexibility to use their home for a business in order to maximize economic development. He viewed the amendments as economic development. He disagreed the issue was dollars versus neighbor’s rights, noting often neighbor’s rights are associated with dollars. Some of the complaints about the proposal were that it would reduce property values. He viewed it as neighbor’s rights against neighbor’s rights; no one has a right to prevent a neighbor from using their home as a home occupation, subject to the City’s regulations. He believed the critics of the amendments were exaggerating the negative consequences. With regard to remedies, if negative consequences arise and neighborhoods are crowded with cars, children are prevented from playing in the street, neighborhood character changes and there are signs everywhere, they can be addressed via additional amendments. He summarized this was a good, progressive idea and although the opposition was heartfelt, the negative consequences are exaggerated. Councilmember Wilson encouraged the CS/DS Committee to present the Council a work product and not just let it languish. MOTION CARRIED (5-2), COUNCIL PRESIDENT PETERSON AND COUNCILMEMBER BERNHEIM VOTING NO. Council President Peterson advised this will be scheduled on the March 8 CS/DS Committee agenda. 7. CONFIRMATION OF MAYOR'S APPOINTMENT AND APPROVAL OF PROFESSIONAL SERVICES AGREEMENT FOR LAND USE HEARING EXAMINER SERVICES. Human Resources Director Debi Humann explained the City’s previous Land Use Hearing Examiner elected not to renew their contract at the end of 2010. The City created an RFQ/RFP and advertised for a new Hearing Examiner. Four applicants applied for the position, two applicants moved forward to the interview phase, Olbrechts & Associates and Sound Law Center. Interviews were held November 29, 2010. The interview panel selected Olbrechts & Associates as the City’s new Land Use Hearing Examiner pending contract approval and confirmation by City Council. The Council packet contains a copy of the Professional Service Agreement with Olbrechts & Associates. The contract has been reviewed by Legal and Planning. The main change from the previous contract is a change in the fee structure from a fixed flat monthly fee to an hourly rate with an annual cap in an attempt to lower contract costs. She requested Council approval of the Professional Services Agreement. Councilmember Petso referred to Mr. Olbrechts’ comment in his application materials that he intended to use Mr. Snyder as a backup Hearing Examiner. Ms. Humann advised that was discussed with Mr. Olbrechts and he does not plan to use Mr. Snyder. Mayor Cooper referred to his memo to Council today clarifying that Mr. Olbrechts raised that issue during the interview and stated because Ogden Murphy Wallace was the City Attorney, he would not use him as a backup. Councilmember Petso advised that fact was not reflected in the contract document. Mr. Snyder advised Mr. Olbrechts left Ogden Murphy Wallace approximately six months ago and did not ask him whether he wanted to serve as backup Hearing Examiner. The contract does not mention his acting as a backup. The Packet Page 29 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 10 City would need to authorize individuals serving as backup. In Mr. Olbrechts’ proposal he mentions the availability of Vicki Orrico and Emily Terrell. Councilmember Petso referred to the first paragraph on page 2 of Mr. Olbrechts’ Statement of Qualifications that states he will be providing dual representation with OMW on city attorney clients and OMW will be handling most issues not related to land use. She asked whether there was a conflict of interest if Mr. Olbrechts planned to partner with OMW. Mr. Snyder advised OMW had no intention of partnering with Mr. Olbrechts on this contract. He anticipated this verbiage was a word processing error. Mayor Cooper explained Mr. Olbrechts brought that to the interview team’s attention and made it very clear that he did not intend to partner with Ogden Murphy Wallace. The professional service agreement requires the City Council to approve backup Hearing Examiners. Council President Peterson advised the reference to OMW is only in the Statement of Qualifications which was included in the packet as information and was not part of the contract. He participated in the interviews and found Mr. Olbrechts to be an excellent applicant. He believed Mr. Olbrechts’ demeanor and openness would be very fitting for Edmonds. As he displayed during the interview and his references and experience demonstrate, he will serve citizens well by encouraging and helping them through the process. He summarized Mr. Olbrechts has the personality and professional credentials to make the Hearing Examiner process more comfortable for citizens. He supported the Mayor’s recommendation. Councilmember Bernheim observed the Hearing Examiner indemnifies the City for any negligent acts of the Hearing Examiner. He asked whether there was a bond or insurance requirement. The only insurance requirement in the contract is auto liability. He asked whether a bond or insurance was contractually required. Mr. Snyder answered it was not. Mr. Snyder suggested if the Council makes a motion to approve the contract, they also approve the additional service providers, Ms. Orrico and Ms. Terrell. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO CONFIRM THE MAYOR’S APPOINTMENT OF OLBRECHTS & ASSOCIATES PLLC AS THE CITY’S HEARING EXAMINER AND APPROVE THE PROPOSED PROFESSIONAL SERVICES CONTRACT. Councilmember Bernheim was disappointed a greater choice of applicants was not provided and that no information was provided regarding the other three applicants. Mr. Olbrechts is obviously qualified but he would prefer to have a choice of qualified applicants. He will support appointing Olbrechts & Associates as the City’s Hearing Examiner as long as a bond or insurance is provided. Mayor Cooper referred to Section 10.35.010 that states the Hearing Examiner shall be appointed by the Mayor and confirmed by the City Council for 4 years and that the first year will be probationary. Councilmember Petso advised she will not support the motion. The Council has an enormous responsibility to ensure fair hearings as well as hearings that appear to be fair. She found it bizarre that the applicant that emerged from the process was the former backup City Attorney and proposed, whether an error or not, to partner with the City Attorney. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO AMEND THE MOTION TO INCLUDE LIMITING THE BACKUP ATTORNEYS TO THE SERVICE PROVIDERS IDENTIFIED AND TO REQUIRE AN INDEMNITY BOND. Packet Page 30 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 11 Mayor Cooper ruled Councilmember Petso’s motion out of order as this is a confirmation. Her motion was more appropriate as a separate motion following confirmation and approval of the professional services contract. Councilmember Buckshnis advised she will support the motion but was disappointed with the materials provided, anticipating that staff and the Mayor should have read all the documents and discovered the verbiage regarding OMW. Mayor Cooper assured the interview team and he read all the materials. He reiterated Mr. Olbrechts had brought the error to the interview team’s attention, advising it was the result of using a template. He summarized the reference to OMW was only in the Statement of Qualifications and not in the contract. To Councilmember Bernheim’s comment that the City only had two qualified applicants, Councilmember Wilson relayed his understanding that the previous Hearing Examiner did not renew their contract because they felt they were not treated well by the Council. His understanding through colleagues is that is a commonly held opinion about this Council and the perceived treatment of the former Hearing Examiner by the Council. If the Council is getting that reputation, deserved or not, it may impact how many applicants for Hearing Examiner apply. He summarized the way the Council behaves does have consequences. He shared the frustration with the process and the documents. With regard to the size of the pool for the Council’s consideration, Mayor Cooper advised the pool of Hearing Examiners is fairly limited. There are only a handful of law firms that do Hearing Examiner work. For whatever reason, the last two Hearing Examiners have not continued their service with the City which limited the pool further. Mr. Olbrechts is approximately $30/hour less expensive than the other applicant that was interviewed. The other two applicants, while they may be well qualified lawyers, had no experience as Hearing Examiner and did not meet the qualifications in the RFQ. Councilmember Bernheim referring to Councilmember Wilson’s understanding that the past two Hearing Examiners had been insulted out of their job by a disrespectful City Council or citizens and that that justified the narrow pool. He disagreed with Councilmember Wilson’s statement and was suspicious of the limited number of applications the City received. He recalled the City’s previous Hearing Examiner, Toweill-Rice-Taylor, broke up. Councilmember Fraley-Monillas expressed her support for Mr. Olbrechts as the City’s Hearing Examiner. She found it interesting that some heard the prior Hearing Examiner left due to Council conduct; she was told directly that the Hearing Examiner chose to leave due to conduct and behavior of particular citizens during numerous hearings and it had nothing to do with the Council. Student Representative Gibson suggested everyone be polite to the new Hearing Examiner. MOTION CARRIED (5-2), COUNCILMEMBER PLUNKETT AND COUNCILMEMBER PETSO VOTING NO. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER BERNHEIM, TO ADD TO THE CONTRACT A PROVISION LIMITING BACK UP HEARING EXAMINERS TO THE TWO INDIVIDUALS IDENTIFIED AND REQUIRING AN INDEMNITY BOND. Mr. Snyder asked whether the request was for an indemnity bond or personal liability insurance. Mayor Cooper suggested staff include the appropriate language in the contract. Councilmember Plunkett asked why language approving backup Hearing Examiners and a requirement for an indemnity bond/personal liability insurance was not included in the contract. Mr. Snyder answered Packet Page 31 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 12 it was not in previous contracts. Often Hearing Examiners are not lawyers and cannot obtain professional liability insurance. Council President Peterson asked whether the backup Hearing Examiners could be easily changed. Mr. Snyder advised if additional backup Hearing Examiners are necessary, they simply need to be approved by the Council by voice motion. MOTION CARRIED UNANIMOUSLY. 8. REPORT ON CITY COUNCIL COMMITTEE MEETINGS OF FEBRUARY 8, 2011 Public Safety & Human Resources Committee Councilmember Wilson reported the Committee discussed the camping ordinance and plans for oversight and review of Human Resources. The Committee will hold its next meeting on March 1 at 5:30 p.m. Community Services/Development Services Committee Councilmember Fraley-Monillas reported the Committee reviewed amendments to reflect 2011 changes to the agreement between Sno-Isle and the City. This was approved on the Consent Agenda. She requested potential addition of HB 1265 to the legislative agenda as a priority item be scheduled on an upcoming Council agenda. The Committee discussed the Shell Valley emergency access project. This item will be scheduled on the next available Council agenda for consideration and allow public comment. Next, the Committee reviewed an RFQ for professional design and right-of-way services on the Five Corners Roundabout project which was approved on the Consent Agenda. Staff presented bids for the Senior Center roof project. This was approved on the Consent Agenda. Finance Committee Councilmember Petso reported the Finance Committee considered proposed 2011 equipment rental hourly rates for external agencies and the Transportation Benefit District which was approved on the Consent Calendar. The Committee reviewed the Professional Services Agreement for Land Use Hearing Examiner services. The Committee also reviewed the following: • General Fund update for January 2011 • Four items related to financial policies. Discussion of those items will occur via different paths. Some are revisions to existing financial policies and others are changes to financial reports. • Preliminary 2010 Fourth Quarter report 9. MAYOR'S COMMENTS Mayor Cooper reported he will be in Olympia February 16 and 17, representing the City at the AWC Legislative Conference. Mayor Cooper explained in reading the contract between the City and Fire District 1, he found a requirement for a joint City Council meeting with Fire District 1 Commissioners prior to April 1. Staff is working to schedule that meeting. He noted that is a different meeting than the March 29 joint meeting which is the Regional Fire Authority (RFA) Planning Committee. 10. COUNCIL COMMENTS Councilmember Wilson advised he initiated that amendment to the Fire District 1 contract and was waiting to see if the meeting would be scheduled. Packet Page 32 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 13 Councilmember Wilson reported he was in Olympia recently to testify in support of HB 1265 on his own behalf. He also raised some of the concerns the Council raised during their deliberations. Representatives Kagi and Ryu were appreciative of his input. He also testified regarding RFA bills. He summarized it has been a very active session and the City’s lobbyist, Mike Doubleday, is doing good work for the City. Councilmember Bernheim commented even though the Council has difficult decisions to make, Councilmembers are able to make them and move on. He asked why the minutes of the February 1 meeting when the Council interviewed City Attorney candidates, did not include the remarks made by the applicants. City Clerk Sandy Chase answered that has been standard operating procedure whenever the Council conducts interviews of City Council applicants and the same procedure was followed for the City Attorney applicants. Councilmember Plunkett asked whether Council President Peterson had received Councilmember Wilson’s email requesting that consideration of Council staff be scheduled on an agenda. Councilmember Fraley-Monillas apologized to Councilmembers and staff for stumbling through the last few meetings. Next week is her last chemo treatment and she anticipated it will take six weeks to recover. She thanked everyone for their indulgence and patience while she maintained her Council position and continued to represent the citizens of Edmonds in a thoughtful and prudent manner. Councilmember Buckshnis relayed that she has been asked to do a presentation regarding the cash flow versus working capital approach. She explained the working capital approach was used by Edmonds for General Fund Ending Cash and is the industry standard as outlined in Edmonds Ordinance 3789. Edmonds utilizes a “Calculation of General Fund Beginning Working Capital” approach which is defined as current assets minus current liabilities. This one value is used throughout the entire year regardless of any differences between actual General Fund Revenue and actual General Fund Expenditures that occur throughout the year. She provided an example using her own household budget: Example Diane’s Household: Current Assets $400,000 Current Liabilities 200,000 Working Capital $200,000 This $200,000 would be used in all forecast summaries throughout the year, a practice that is not sanctioned by Government Finance Officers Association (GFOA) or GFOA Standard #11.2. Cash flow reporting is just that, reporting actual revenue compared to revenue budget and reporting actual expenditure to expenditure budget. The actual difference is either added or subtracted from the General Fund Cash Flow Balance which means the starting General Fund Balance should agree to the Ending General Fund balance year to year. The reporting of actual revenues and actual expenditures and then compared to their respective budget balance is an accepted GFOA practice. It is very transparent for citizens to understand as it is like looking at your own checkbook. She provided other examples using her budget monthly cash flow, explaining, this method provides an actual and accurate General Fund Cash Flow Balance month by month and a GFOA practice. Citizens can see exactly where the City’s revenue and expenditures are and this method is more accurate than the working capital approach which would still state that as of the end of February the beginning General Fund balance was still at $200,000 which is misleading. Packet Page 33 of 112 Edmonds City Council Draft Minutes February 15, 2011 Page 14 She provided an example of a report comparing each month’s budget to actual and the percentage over/under, noting in this method everything ties. The cash flow approach is citizen friendly. It allows citizens to see exactly where the General Fund stands in terms of revenue and expenditures compared to budget. The Working Capital Approach does not provide accurate and current General Fund data and does not require ensuring that all numbers tie and/or balance. The difference is the working capital approach is not sanctioned by the GFOA as it uses one number throughout the entire year for very important decisions (labor, potential levy, staffing, etc.). The cash flow approach is sanctioned by the GFOA (#11.2) and provides a detailed analysis of month by month of actual revenue compared to budget and actual expenditure compared to budget. At any point in time, citizens can trace and tie any of the numbers. This is important because: • Remember last year, the City of Edmonds was “running out” of money in 2012. • Now we are “not running out” of money until 2014. • What happened? Projections changed using varying percentages on a executive summary that does not use actual General Fund numbers. • Why not show the citizens exactly where their money is being spent in an easy format? • Why not comply to industry standards? • Ordinance 3789 outlines just these issues She asked what an average citizen willing to open their pocket and give the City money by passing a levy would prefer: a working capital General Fund Balance that is the same each month or a Cash Flow Monthly General Fund balance that shows a detailed analysis of month by month of actual revenue compared to budget and actual expenditure compared to budget. Council President Peterson advised he received Councilmember Wilson’s email and will schedule consideration of Council staff on an upcoming agenda. He thanked Councilmember Buckshnis for her report and suggested in the future she provide the Council the PowerPoint slides prior to the meeting. Council President Peterson advised Councilmember Bernheim, Darrol Haug, Mr. Hines, the Mayor and he met to begin discussing how to improve the clarity of the City’s financial reports. Mr. Hines has contacted the software company who indicated they have methods to create the budget reports Councilmember Buckshnis is interested in. The meeting was very productive and they are well on their way toward addressing many of the concerns within the next month. He thanked Mr. Haug for volunteering his time and Mr. Hines for listening to their concerns. 11. ADJOURN With no further business, the Council meeting was adjourned at 9:08 p.m. Packet Page 34 of 112 AM-3760   Item #: 2. D. City Council Meeting Date: 02/22/2011 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 #123915 through #124039 dated February 17, 2011 for $336,867.66. Approval of payroll direct deposit and checks #50231 through #50258 for the period February 1, 2011 through February 15, 2011 for $619,089.68. 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:955,957.34 Fiscal Impact: Claims $336,867.66 Payroll $619,089.68 Attachments Claim Checks for 2-17-11 Form Review Inbox Reviewed By Date Finance Lorenzo Hines 02/17/2011 11:41 AM City Clerk Sandy Chase 02/17/2011 11:49 AM Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Nori Jacobson Started On: 02/17/2011 09:25 AM Final Approval Date: 02/18/2011  Packet Page 35 of 112 02/17/2011 Voucher List City of Edmonds 1 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123915 2/17/2011 061029 ABSOLUTE GRAPHIX 211119 PICKLEBALL SHIRTS PICKLEBALL SHIRTS 001.000.640.575.520.310.00 27.24 9.5% Sales Tax 001.000.640.575.520.310.00 2.59 Total :29.83 123916 2/17/2011 066417 AIRGAS NOR PAC INC 101001253 M5Z34 CYLINDER RENTAL 411.000.656.538.800.450.21 60.25 9.5% Sales Tax 411.000.656.538.800.450.21 5.72 M5Z34101991419 CAL GAS 411.000.656.538.800.310.22 25.00 9.5% Sales Tax 411.000.656.538.800.310.22 2.38 Total :93.35 123917 2/17/2011 000850 ALDERWOOD WATER DISTRICT 8965 Monthly Wholesale Charges for Jan 2011 Monthly Wholesale Charges for Jan 2011 411.000.654.534.800.330.00 84,890.65 Total :84,890.65 123918 2/17/2011 061540 ALLIED WASTE SERVICES 0197-001309077 3-0197-0807770 RECYCLE ROLLOFF 411.000.656.538.800.475.66 10.64 Total :10.64 123919 2/17/2011 065568 ALLWATER INC 021011037 COEWASTE DRINKING WATER 411.000.656.538.800.310.11 27.47 Total :27.47 123920 2/17/2011 069667 AMERICAN MARKETING 13127 PLAQUES 1Page: Packet Page 36 of 112 02/17/2011 Voucher List City of Edmonds 2 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123920 2/17/2011 (Continued)069667 AMERICAN MARKETING SMALL PLAQUES FOR DR. HICKMAN'S BENCH 127.000.640.575.500.310.00 196.70 Freight 127.000.640.575.500.310.00 6.90 9.5% Sales Tax 127.000.640.575.500.310.00 19.34 Total :222.94 123921 2/17/2011 066025 ANDERSON, ANGIE ANDERSON0212 GYM MONITOR GYM MONITOR FOR SATURDAY NIGHT DANCE 001.000.640.574.100.410.00 12.00 Total :12.00 123922 2/17/2011 069751 ARAMARK 655-5386352 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 25.02 9.5% Sales Tax 001.000.640.576.800.240.00 2.38 Total :27.40 123923 2/17/2011 069751 ARAMARK 655-5373845 21580001 UNIFORMS 411.000.656.538.800.240.00 67.38 9.5% Sales Tax 411.000.656.538.800.240.00 6.40 21580001655-5386358 UNIFORMS 411.000.656.538.800.240.00 67.38 9.5% Sales Tax 411.000.656.538.800.240.00 6.40 Total :147.56 123924 2/17/2011 064343 AT&T 425-776-5316 PARKS FAX MODEM PARKS FAX MODEM 001.000.640.576.800.420.00 42.06 2Page: Packet Page 37 of 112 02/17/2011 Voucher List City of Edmonds 3 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :42.06123924 2/17/2011 064343 064343 AT&T 123925 2/17/2011 001801 AUTOMATIC WILBERT VAULT CO 16718 BURIAL SUPPLIES BURIAL SUPPLIES: JENSEN 130.000.640.536.200.340.00 393.00 BURIAL SUPPLIES16738 BURIAL SUPPLIES: FERGUSON 130.000.640.536.200.340.00 393.00 BURIAL SUPPLIES16997 BURIAL SUPPLIES: MURPHY 130.000.640.536.200.340.00 393.00 Total :1,179.00 123926 2/17/2011 073035 AVAGIMOVA, KARINE 1170 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 100.00 INTERPRETER FEES1174 INTERPRETER FEES 001.000.230.512.500.410.01 100.00 INTERPRETER FEES1175 INTERPRETER FEES 001.000.230.512.501.410.01 100.00 Total :300.00 123927 2/17/2011 001835 AWARDS SERVICE INC 75529 BRASS PLATES/LETTERS BRASS PLATES/ENGRAVED LETTERS 117.200.640.575.500.490.00 79.05 Freight 117.200.640.575.500.490.00 3.73 9.5% Sales Tax 117.200.640.575.500.490.00 7.87 Total :90.65 123928 2/17/2011 073566 BAY PRODUCTS INC 10208100 MIST ELIMINATOR PADS MIST ELIMINATOR PADS 411.000.656.538.800.310.21 560.00 3Page: Packet Page 38 of 112 02/17/2011 Voucher List City of Edmonds 4 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123928 2/17/2011 (Continued)073566 BAY PRODUCTS INC Freight 411.000.656.538.800.310.21 75.00 Total :635.00 123929 2/17/2011 069218 BISHOP, PAUL 384 WEB SITE MAINTENANCE Web Site Maintenance 001.000.310.518.880.410.00 390.00 Total :390.00 123930 2/17/2011 002500 BLUMENTHAL UNIFORM CO INC 854903-01 INV#854903-01 - EDMONDS PD - PLOEGER NAMETAG 001.000.410.521.220.240.00 9.00 BELT KEEPERS 001.000.410.521.220.240.00 18.00 5 IN 1 JACKET 001.000.410.521.220.240.00 200.00 NAMETAGS FOR JACKET 001.000.410.521.220.240.00 11.00 HEAT STAMP/APPLY LETTERS 001.000.410.521.220.240.00 5.00 REFLECTIVE POLICE PANEL 001.000.410.521.220.240.00 11.95 9.5% Sales Tax 001.000.410.521.220.240.00 24.22 Total :279.17 123931 2/17/2011 072005 BROCKMANN, KERRY BROCKMANN13353 YOGA CLASSES YOGA #13353 001.000.640.575.540.410.00 649.60 YOGA #13332 001.000.640.575.540.410.00 714.56 PILATES YOGA FUSION #13510 001.000.640.575.540.410.00 599.76 YOGA #14033 001.000.640.575.540.410.00 75.60 4Page: Packet Page 39 of 112 02/17/2011 Voucher List City of Edmonds 5 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123931 2/17/2011 (Continued)072005 BROCKMANN, KERRY YOGA #14034 001.000.640.575.540.410.00 72.80 YOGA #14035 001.000.640.575.540.410.00 84.00 PILATES YOGA FUSION #14036 001.000.640.575.540.410.00 61.60 Total :2,257.92 123932 2/17/2011 072571 BUILDERS EXCHANGE 1024693-E0JA E0JA.PROJECT POSTING FOR BIDS E0JA.Project Posting for Bids 412.100.630.594.320.410.00 72.25 Total :72.25 123933 2/17/2011 073029 CANON FINANCIAL SERVICES 10777155 INV#10777155 CUST#572105 - EDMONDS PD COPIER RENTAL (4) 001.000.410.521.100.450.00 581.60 9.5% Sales Tax 001.000.410.521.100.450.00 75.69 COPY CHARGES FOR (5) TO 1/31/11 001.000.410.521.100.450.00 214.92 Total :872.21 123934 2/17/2011 003510 CENTRAL WELDING SUPPLY RN1111030 2954000 CYLINDER RENTAL 411.000.656.538.800.450.21 33.20 9.5% Sales Tax 411.000.656.538.800.450.21 3.15 Total :36.35 123935 2/17/2011 064840 CHAPUT, KAREN E CHAPUT13466 FRIDAY NIGHT OUT FRIDAY NIGHT OUT #13468 001.000.640.574.200.410.00 67.20 Total :67.20 123936 2/17/2011 066070 CIT TECHNOLOGY FIN SERV INC 18630961 COPIER LEASE PW 5Page: Packet Page 40 of 112 02/17/2011 Voucher List City of Edmonds 6 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123936 2/17/2011 (Continued)066070 CIT TECHNOLOGY FIN SERV INC copier lease for PW 001.000.650.519.910.450.00 643.07 Total :643.07 123937 2/17/2011 019215 CITY OF LYNNWOOD 8450 INV#8450 CUST#1430 - EDMONDS PD VERIZON PHONE- NARCS - 1/11 104.000.410.521.210.420.00 50.76 INV#8464 CUST#45 - EDMONDS PD8464 NEXTEL PHONES- NARCS - 01/11 104.000.410.521.210.420.00 57.39 Total :108.15 123938 2/17/2011 019215 CITY OF LYNNWOOD 8449 MONTHLY MAINT/OPERATIONS SEWER COSTS MONTHLY MAINT/OPERATIONS SEWER COSTS 411.000.655.535.800.472.00 13,800.83 Total :13,800.83 123939 2/17/2011 035160 CITY OF SEATTLE 2-533584-460571 WATER USEAGE FOR THE MONTH Water Useage for the Month of Jan 2011 411.000.654.534.800.330.00 525.00 Total :525.00 123940 2/17/2011 073135 COGENT COMMUNICATIONS INC FEB-11 C/A CITYOFED00001 Feb-11 Fiber Optics Internet Connection 001.000.310.518.870.420.00 916.20 Total :916.20 123941 2/17/2011 006200 DAILY JOURNAL OF COMMERCE 3245102 E0JA.INVITATION TO BID ADVERTISEMENT E0JA.Invitation to Bid advertisement 412.100.630.594.320.410.00 327.60 Total :327.60 123942 2/17/2011 046150 DEPARTMENT OF LABOR & INDUSTRY 121257 FAC MAINT -ELEVATOR FEES FAC MAINT -ELEVATOR FEES 001.000.651.519.920.490.00 120.20 LIBRARY 6Page: Packet Page 41 of 112 02/17/2011 Voucher List City of Edmonds 7 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123942 2/17/2011 (Continued)046150 DEPARTMENT OF LABOR & INDUSTRY 001.000.651.519.920.490.00 109.40 MUSEUM 001.000.651.519.920.490.00 109.40 PW ELEVATOR ANNUAL FEES 2011121425 PW - 2011 ANNUAL FEES 001.000.650.519.910.490.00 5.47 PW - 2011 ANNUAL FEES 111.000.653.542.900.490.00 20.79 PW - 2011 ANNUAL FEES 411.000.652.542.900.490.00 20.79 PW - 2011 ANNUAL FEES 411.000.654.534.800.490.00 20.79 PW - 2011 ANNUAL FEES 411.000.655.535.800.490.00 41.56 Total :448.40 123943 2/17/2011 073570 DEPT OF ECOLOGY 0257 OPERATOR CERTF/VAN PELT OPERATOR CERTF/VAN PELT 411.000.656.538.800.490.00 200.00 Total :200.00 123944 2/17/2011 064531 DINES, JEANNIE 11-3176 MINUTE TAKING Council Minutes 001.000.250.514.300.410.00 255.00 Total :255.00 123945 2/17/2011 073037 EDMONDS ACE HARDWARE 001463/1 FACILITIES MAINT PS - ANT BAIT 001.000.651.519.920.310.00 31.96 9.5% Sales Tax 001.000.651.519.920.310.00 3.04 FAC MAINT001474/1 PLAZA - CLEANERS 001.000.651.519.920.310.00 38.46 9.5% Sales Tax 7Page: Packet Page 42 of 112 02/17/2011 Voucher List City of Edmonds 8 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123945 2/17/2011 (Continued)073037 EDMONDS ACE HARDWARE 001.000.651.519.920.310.00 3.65 FAC MAINT001477/1 PS - DELTA ACE REPAIR KIT 001.000.651.519.920.310.00 14.49 9.5% Sales Tax 001.000.651.519.920.310.00 1.38 FAC MAINT1446/1 FS 17 - ANT BAIT, KEY RING 001.000.651.519.920.310.00 19.27 9.5% Sales Tax 001.000.651.519.920.310.00 1.83 FAC MAINT1450/1 FAC - FASTENERS 001.000.651.519.920.310.00 3.80 9.5% Sales Tax 001.000.651.519.920.310.00 0.36 FAC MAINT1452/1 PS - EXT CORD, SUPPLIES 001.000.651.519.920.310.00 48.48 9.5% Sales Tax 001.000.651.519.920.310.00 4.61 Total :171.33 123946 2/17/2011 007675 EDMONDS AUTO PARTS 31183 2005 WD-40 411.000.656.538.800.310.21 31.52 9.5% Sales Tax 411.000.656.538.800.310.21 2.99 Total :34.51 123947 2/17/2011 008705 EDMONDS WATER DIVISION 1-00655 LIFT ST 7 Lift St 7 411.000.655.535.800.470.00 27.50 LIFT STATION #81-00925 LIFT STATION #8 8Page: Packet Page 43 of 112 02/17/2011 Voucher List City of Edmonds 9 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123947 2/17/2011 (Continued)008705 EDMONDS WATER DIVISION 411.000.655.535.800.470.00 29.87 LIFT STATION #11-01950 LIFT STATION #1 411.000.655.535.800.470.00 27.50 LIFT STATION #21-02675 LIFT STATION #2 411.000.655.535.800.470.00 27.50 Public Works Fountain, Bldgs & Restrooms1-03950 Public Works Fountain, Bldgs & Restrooms 411.000.654.534.800.470.00 493.91 Public Works Meter Shop1-05350 Public Works Meter Shop 411.000.654.534.800.470.00 68.27 LIFT STATION #61-05705 LIFT STATION #6 411.000.655.535.800.470.00 55.99 CITY HALL1-13975 CITY HALL 001.000.651.519.920.470.00 422.84 CITY HALL1-14000 CITY HALL 001.000.651.519.920.470.00 72.70 Total :1,226.08 123948 2/17/2011 031060 ELECSYS INTERNATIONAL CORP 093672 RADIX MONTHLY MAINT AGREEMENT Radix Monthly Maint Agreement - March 411.000.654.534.800.480.00 152.00 Total :152.00 123949 2/17/2011 008969 ENGLAND, CHARLES ENGLAND13492 SATURDAY NIGHT DANCE CLASSES SATURDAY NIGHT DANCE #13492 001.000.640.574.200.410.00 902.88 Total :902.88 123950 2/17/2011 009410 EVERETT STEEL INC 469068 ANGLE STEEL 9Page: Packet Page 44 of 112 02/17/2011 Voucher List City of Edmonds 10 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123950 2/17/2011 (Continued)009410 EVERETT STEEL INC ANGLE STEEL 411.000.656.538.800.310.21 449.50 9.5% Sales Tax 411.000.656.538.800.310.21 42.70 Total :492.20 123951 2/17/2011 066378 FASTENAL COMPANY WAMOU22204 SUPPLIES SUPPLIES 001.000.640.576.800.310.00 1.48 9.5% Sales Tax 001.000.640.576.800.310.00 0.14 Total :1.62 123952 2/17/2011 072932 FRIEDRICH, KODY FRIEDRICH13534 IRISH DANCE CLASSES IRISH DANCE 13+ #13534 001.000.640.574.200.410.00 44.20 IRISH DANCE FOR KIDS #13552 001.000.640.574.200.410.00 104.00 IRISH DANCE 13+ #13538 001.000.640.574.200.410.00 245.70 Total :393.90 123953 2/17/2011 011900 FRONTIER 425-744-1681 SEAVIEW PARK IRRIGATION MODEM SEAVIEW PARK IRRIGATION MODEM 001.000.640.576.800.420.00 42.49 SIERRA PARK IRRIGATION MODEM425-744-1691 SIERRA PARK IRRIGATION MODEM 001.000.640.576.800.420.00 41.83 BEACH RANGER PHONE @ FISHING PIER425-775-1344 BEACH RANGER PHONE @ FISHING PIER 001.000.640.574.350.420.00 54.39 YOST POOL425-775-2645 YOST POOL 001.000.640.575.510.420.00 50.96 GROUNDS MAINTENANCE FAX MODEM425-776-5316 10Page: Packet Page 45 of 112 02/17/2011 Voucher List City of Edmonds 11 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123953 2/17/2011 (Continued)011900 FRONTIER GROUNDS MAINTENANCE FAX MODEM 001.000.640.576.800.420.00 110.23 Total :299.90 123954 2/17/2011 011900 FRONTIER 425 NW1-0060 02 0210 10796569413 10 AUTO DIALER 411.000.656.538.800.420.00 41.47 03 0210 1099569419 02425 NW1-0155 TELEMETRY 411.000.656.538.800.420.00 218.12 03 0210 1014522641 07425-771-5553 AUTO DIALER 411.000.656.538.800.420.00 95.26 Total :354.85 123955 2/17/2011 011900 FRONTIER 425-197-0932 TELEMETRY WATER & LIFT STATIONS TELEMETRY WATER & LIFT STATIONS 411.000.654.534.800.420.00 261.46 TELEMETRY WATER & LIFT STATIONS 411.000.655.535.800.420.00 261.46 FLEET MAINTENANCE FAX LINE425-672-7132 FLEET MAINTENANCE FAX LINE 511.000.657.548.680.420.00 71.80 SEWER - PW TELEMETRY425-774-1031 SEWER - PW TELEMETRY 411.000.655.535.800.420.00 45.93 Radio Line between Public Works & UB425-775-7865 Radio Line between Public Works & UB 411.000.654.534.800.420.00 53.75 LIBRARY ELEVATOR PHONE425-776-1281 LIBRARY ELEVATOR PHONE 001.000.651.519.920.420.00 42.49 LS 7425-776-2742 LS 7 411.000.655.535.800.420.00 25.56 11Page: Packet Page 46 of 112 02/17/2011 Voucher List City of Edmonds 12 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123955 2/17/2011 (Continued)011900 FRONTIER CITY HALL FIRE ALARM SYSTEM425-776-6829 CITY HALL FIRE ALARM SYSTEM 001.000.651.519.920.420.00 113.04 LS 8425-778-5982 LS 8 411.000.655.535.800.420.00 28.21 1ST & PINE CIRCUIT LINE PT EDWARDS425-AB9-0530 1st & Pine Circuit Line for Pt Edwards 411.000.655.535.800.420.00 40.75 PUBLIC WORKS C0NNECTION TO 911425-RT0-9133 Public Works Connection to 911 001.000.650.519.910.420.00 5.48 Public Works Connection to 911 111.000.653.542.900.420.00 20.81 Public Works Connection to 911 411.000.654.534.800.420.00 20.81 Public Works Connection to 911 411.000.655.535.800.420.00 20.81 Public Works Connection to 911 511.000.657.548.680.420.00 20.81 Public Works Connection to 911 411.000.652.542.900.420.00 20.78 Total :1,053.95 123956 2/17/2011 068265 FRONTIER ONLINE 26761643 WATER - BROADBAND SERVICE Water- Broadband Service for 411.000.654.534.800.420.00 79.99 Total :79.99 123957 2/17/2011 072515 GOOGLE INC 2149787 INTERNET ANTI-VIRUS & SPAM MAINT FEE Internet Anti-Virus & Spam Maint Fee 001.000.310.518.880.480.00 523.37 Total :523.37 123958 2/17/2011 012199 GRAINGER 9447763039 EAR MUFFS 12Page: Packet Page 47 of 112 02/17/2011 Voucher List City of Edmonds 13 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123958 2/17/2011 (Continued)012199 GRAINGER EAR MUFFS 001.000.640.576.800.310.00 99.56 9.5% Sales Tax 001.000.640.576.800.310.00 9.46 Total :109.02 123959 2/17/2011 012233 GRAYBAR ELECTRIC CO INC 952359068 CCH-CP 12-59 Corning Pnl w/6 SC Duplx CCH-CP 12-59 Corning Pnl w/6 SC Duplx 001.000.310.518.880.480.00 655.23 Freight 001.000.310.518.880.480.00 17.76 9.5% Sales Tax 001.000.310.518.880.480.00 63.93 T5PLS-12F Leviton Mfg Co molded splc952365332 T5PLS-12F Leviton Mfg Co molded splc 001.000.310.518.880.480.00 117.12 Freight 001.000.310.518.880.480.00 10.56 9.5% Sales Tax 001.000.310.518.880.480.00 12.13 Total :876.73 123960 2/17/2011 073565 GREEN, SANDRA & CHARLES 8-28975 RE: #005252547 UTILITY REFUND RE: #005252547 Utility Refund 411.000.000.233.000.000.00 121.96 Total :121.96 123961 2/17/2011 012560 HACH COMPANY 7103423 112830 LAB SUPPLIES 411.000.656.538.800.310.31 798.56 Freight 411.000.656.538.800.310.31 36.95 9.5% Sales Tax 411.000.656.538.800.310.31 79.38 13Page: Packet Page 48 of 112 02/17/2011 Voucher List City of Edmonds 14 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :914.89123961 2/17/2011 012560 012560 HACH COMPANY 123962 2/17/2011 072647 HERRERA ENVIRONMENTAL 23872 E9FB.SERVICES THRU 1/28/11 E9FB.Services thru 1/28/11 412.200.630.594.320.410.00 2,895.79 Total :2,895.79 123963 2/17/2011 069164 HEWLETT-PACKARD COMPANY 48287029 3 HP DOCKING STATIONS - MAYOR, IT, ENG 3 HP Docking stations 001.000.310.518.880.350.00 393.00 9.5% Sales Tax 001.000.310.518.880.350.00 37.34 3 HP LAPTOPS-MAYOR, IT, ENG48318751 3 HP laptops 4GB ram, 250G HDD, DVDRW, 001.000.310.518.880.350.00 3,600.90 9.5% Sales Tax 001.000.310.518.880.350.00 342.08 Total :4,373.32 123964 2/17/2011 013315 HIATT, CHUCK 2011 BOOTS STREET - 2011 BOOT ALLOWANCE - C HIATT STREET - 2011 BOOT ALLOWANCE - C HIATT 111.000.653.542.900.240.00 162.84 Total :162.84 123965 2/17/2011 070042 IKON 84134329 467070-1003748A5 COPIER LEASE Cannon Image Runner 12/22-1/24 001.000.250.514.300.450.00 942.15 Total :942.15 123966 2/17/2011 070042 IKON 83982977 Rent on Engineering copier for billing Rent on Engineering copier for billing 001.000.620.558.800.450.00 443.48 Rent on Engineering copier for billing84161446 Rent on Engineering copier for billing 001.000.620.558.800.450.00 443.48 Rent on large copier for billing period84161449 Rent on large copier for billing period 14Page: Packet Page 49 of 112 02/17/2011 Voucher List City of Edmonds 15 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123966 2/17/2011 (Continued)070042 IKON 001.000.620.558.800.450.00 827.00 Total :1,713.96 123967 2/17/2011 073548 INDOFF INCORPORATED 1800381 226961 9.5% Sales Tax 411.000.656.538.800.310.41 14.33 WRITING PADS/COPIER PAPER/PENCILS~ 411.000.656.538.800.310.41 150.83 Total :165.16 123968 2/17/2011 015270 JCI JONES CHEMICALS INC 496380 54278825 HYPOCHLORITE SOLUTION 411.000.656.538.800.310.53 3,461.44 Total :3,461.44 123969 2/17/2011 070902 KAREN ULVESTAD PHOTOGRAPHY ULVESTAD13481 BASIC PHOTOSHOP BASIC PHOTOSHOP #13481 001.000.640.574.200.410.00 49.00 Total :49.00 123970 2/17/2011 073086 KIMMEL ATHLETIC SUPPLY CO 0313668-IN SCOREBOOKS/LINE UP CARDS KIMMEL SCOREBOOKS & SCORECARDS 001.000.640.575.520.310.00 943.50 Freight 001.000.640.575.520.310.00 57.38 9.5% Sales Tax 001.000.640.575.520.310.00 95.09 Total :1,095.97 123971 2/17/2011 067552 KING CO FINANCE & BUSINESS 58902 114939 BALLING P.S. COSTS 411.000.656.538.800.510.00 79,144.76 Total :79,144.76 123972 2/17/2011 017050 KWICK'N KLEEN CAR WASH 01252011-01 INV#01252011-01 EDMONDS PD 35 CAR WASHES @ $5.03 - 12/2010 15Page: Packet Page 50 of 112 02/17/2011 Voucher List City of Edmonds 16 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123972 2/17/2011 (Continued)017050 KWICK'N KLEEN CAR WASH 001.000.410.521.220.480.00 176.05 Total :176.05 123973 2/17/2011 068711 LAWN EQUIPMENT SUPPLY 2011-129 SICKLE, BLADES SICKLE, AGRESSOR BLADES 001.000.640.576.800.310.00 88.29 Freight 001.000.640.576.800.310.00 14.40 9.5% Sales Tax 001.000.640.576.800.310.00 9.76 Total :112.45 123974 2/17/2011 018140 LEIN, JONATHAN 3875218 0283 BOOTS/LEIN 411.000.656.538.800.240.00 183.00 Total :183.00 123975 2/17/2011 067631 LODESTAR COMPANY INC 28696 2795 HVAC REPAIR 411.000.656.538.800.480.23 241.72 9.5% Sales Tax 411.000.656.538.800.480.23 22.96 Total :264.68 123976 2/17/2011 073460 MALAN, LINDA MALAN13462 CARD WEAVING CARD WEAVING #13462 001.000.640.574.200.410.00 98.80 Total :98.80 123977 2/17/2011 073569 MARINE ECOLOGICAL HABITATS 10767 WHEELS FOR TOUCH TANK WHEELS FOR TOUCH TANK 001.000.640.574.350.310.00 76.00 Freight 001.000.640.574.350.310.00 17.20 Total :93.20 16Page: Packet Page 51 of 112 02/17/2011 Voucher List City of Edmonds 17 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123978 2/17/2011 069362 MARSHALL, CITA 1001 INTERPRETER FEES INTERPRETER FEES 001.000.230.512.501.410.01 87.65 INTERPRETER FEES1016 INTERPRETER FEES 001.000.230.512.501.410.01 87.65 INTERPRETER FEE1060 INTERPRETER FEE 001.000.230.512.500.410.01 87.25 Total :262.55 123979 2/17/2011 073500 MATSON, CYNTHIA 012811 REFUND FOR TRAVEL TO COURT TRAINING REFUND FOR TRAVEL TO COURT TRAINING 001.000.230.512.500.430.00 33.93 Total :33.93 123980 2/17/2011 020039 MCMASTER-CARR SUPPLY CO 71510069 123106800 STAINLESS STEEL 411.000.656.538.800.310.21 159.30 Freight 411.000.656.538.800.310.21 22.18 12310680076899266 HOSE/PLIERS/BACKER ROD/OIL SORBENT PADS 411.000.656.538.800.310.21 441.93 Freight 411.000.656.538.800.310.21 19.67 12310680076899431 STEEL WIRE 411.000.656.538.800.310.21 20.05 Freight 411.000.656.538.800.310.21 5.49 Total :668.62 123981 2/17/2011 063773 MICROFLEX 19837 JAN-11 TAX AUDIT PROGRAM JAN-11 TAX AUDIT PROGRAM 001.000.310.514.230.410.00 140.00 17Page: Packet Page 52 of 112 02/17/2011 Voucher List City of Edmonds 18 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :140.00123981 2/17/2011 063773 063773 MICROFLEX 123982 2/17/2011 062381 MRSC 3601-IN CODE HOSTING City Code on MRSC Site 001.000.250.514.300.480.00 350.00 Total :350.00 123983 2/17/2011 073568 NEW ART PROJECTS CO INC REIQUAM0215 ART ELEMENTS FOR FLOWER BASKET POLES FIRST PAYMENT: DESIGN, FABRICATE & 117.200.640.575.500.410.00 330.00 Total :330.00 123984 2/17/2011 065315 NEWCOMB, TRACY NEWCOMB13415 FUN FACTORY FUN FACTORY #13415 001.000.640.574.200.410.00 694.40 MINI ME FUN FACTORY #13406 001.000.640.574.200.410.00 307.07 Total :1,001.47 123985 2/17/2011 024960 NORTH COAST ELECTRIC COMPANY S3801519.001 2091 ELECTRICAL SUPPLIES 411.000.656.538.800.310.22 470.00 9.2% Sales Tax 411.000.656.538.800.310.22 43.24 Total :513.24 123986 2/17/2011 066391 NORTHSTAR CHEMICAL INC 18584 260 SODIUM BISULFITE 411.000.656.538.800.310.54 609.00 9.5% Sales Tax 411.000.656.538.800.310.54 57.86 Total :666.86 123987 2/17/2011 061013 NORTHWEST CASCADE INC 1-251282 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: MARINA BEACH 001.000.640.576.800.450.00 412.76 18Page: Packet Page 53 of 112 02/17/2011 Voucher List City of Edmonds 19 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :412.76123987 2/17/2011 061013 061013 NORTHWEST CASCADE INC 123988 2/17/2011 073522 NW HYDRAULIC CONSULTANTS INC 14272 E1FC.SERVICES THRU 1/31/11 E1FC.Services thru 1/31/11 412.200.630.594.320.410.00 3,133.01 Total :3,133.01 123989 2/17/2011 063511 OFFICE MAX INC 599866 INV#599866 ACCT#520437 250POL EDMONDS PD LETTER COPY HOLDER 001.000.410.521.100.310.00 7.33 9.5% Sales Tax 001.000.410.521.100.310.00 0.70 INV#843392 ACCT#520437 250POL EDMONDS PD843392 POST IT NOTES 5x3 001.000.410.521.100.310.00 11.01 CERTIFICATES-METALLIC BLUE 001.000.410.521.100.310.00 8.96 3x5 MEMO PADS 001.000.410.521.100.310.00 11.60 PREFORATED PADS-LETTER 001.000.410.521.100.310.00 11.73 LEGAL PADS 5x8 001.000.410.521.100.310.00 5.79 BINDER CLIPS-MEDIUM 001.000.410.521.100.310.00 2.00 9.5% Sales Tax 001.000.410.521.100.310.00 4.85 Total :63.97 123990 2/17/2011 063511 OFFICE MAX INC 728169 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 30.12 SUPPLIES834324 SUPPLIES 001.000.230.512.501.310.00 109.07 19Page: Packet Page 54 of 112 02/17/2011 Voucher List City of Edmonds 20 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :139.19123990 2/17/2011 063511 063511 OFFICE MAX INC 123991 2/17/2011 063511 OFFICE MAX INC 70923855 CREDIT FOR INK CREDIT FOR INK 001.000.640.574.100.310.00 -34.63 PENCILS, BATTERIES839743 PENCILS, 9 VOLT BATTERIES FOR PLAZA 001.000.640.574.100.310.00 11.84 9.5% Sales Tax 001.000.640.574.100.310.00 1.13 SCISSORS862976 SCISSORS 001.000.640.574.100.310.00 4.13 9.5% Sales Tax 001.000.640.574.100.310.00 0.40 COVERSTOCK888044 YELLOW COVERSTOCK 001.000.640.574.100.310.00 11.67 9.5% Sales Tax 001.000.640.574.100.310.00 1.12 POST IT'S906324 POP UP POST ITS FOR FRONT DESK 001.000.640.574.100.310.00 9.06 9.5% Sales Tax 001.000.640.574.100.310.00 0.86 Total :5.58 123992 2/17/2011 063511 OFFICE MAX INC 767849 OFFICE SUPPLIES Office Supples 001.000.250.514.300.310.00 167.90 9.5% Sales Tax 001.000.250.514.300.310.00 15.95 OFFICE SUPPLIES841534 9.5% Sales Tax 001.000.250.514.300.310.00 2.43 Office Supplies 20Page: Packet Page 55 of 112 02/17/2011 Voucher List City of Edmonds 21 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123992 2/17/2011 (Continued)063511 OFFICE MAX INC 001.000.250.514.300.310.00 25.60 Total :211.88 123993 2/17/2011 073563 OFFICES OF SHARON RICE HEARING 2 Hearing Examiner Services for Jan. 2011. Hearing Examiner Services for Jan. 2011. 001.000.620.558.600.410.00 1,875.00 Total :1,875.00 123994 2/17/2011 025889 OGDEN MURPHY AND WALLACE 689326 JAN-11 LEGAL FEES Jan-11 Legal Fees 001.000.360.515.100.410.00 21,966.54 JAN-11 RETAINER FEES689333 Jan-11 retainer fees 001.000.360.515.100.410.00 20,493.13 Total :42,459.67 123995 2/17/2011 066339 PACIFIC OFFICE AUTOMATION C34535 B/W copy overage fee B/W copy overage fee 411.000.654.534.800.480.00 6.35 B/W copy overage fee 411.000.655.535.800.480.00 6.35 B/W copy overage fee 411.000.652.542.900.480.00 6.35 B/W copy overage fee 111.000.653.542.900.480.00 6.33 Color copy overage fee 411.000.654.534.800.480.00 39.42 Color copy overage fee 411.000.655.535.800.480.00 39.42 Color copy overage fee 411.000.652.542.900.480.00 39.42 Color copy overage fee 111.000.653.542.900.480.00 39.41 9.5% Sales Tax 411.000.654.534.800.480.00 4.35 21Page: Packet Page 56 of 112 02/17/2011 Voucher List City of Edmonds 22 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 123995 2/17/2011 (Continued)066339 PACIFIC OFFICE AUTOMATION 9.5% Sales Tax 411.000.655.535.800.480.00 4.35 9.5% Sales Tax 411.000.652.542.900.480.00 4.35 9.5% Sales Tax 111.000.653.542.900.480.00 4.34 Total :200.44 123996 2/17/2011 027060 PACIFIC TOPSOILS 111047 DUMP FEES CLEAN GREEN DUMP 001.000.640.576.800.470.00 20.00 CLEAN GREEN DUMP111056 CLEAN GREEN DUMP 001.000.640.576.800.470.00 30.00 DUMP FEES111062 CLEAN GREEN DUMP 001.000.640.576.800.470.00 30.00 Total :80.00 123997 2/17/2011 071811 PONY MAIL BOX & BUSINESS CTR 190649 2000 UPS GROUND/AUCTION ITEMS 411.000.656.538.800.420.00 41.12 Total :41.12 123998 2/17/2011 029117 PORT OF EDMONDS 03870 CITY OF EDMONDS STORMWATER Pier StormWater Rent for 001.000.640.576.800.470.00 1,993.26 Total :1,993.26 123999 2/17/2011 029800 PRINZ, DANIEL 13 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.230.00 1,681.00 Total :1,681.00 124000 2/17/2011 064088 PROTECTION ONE 31146525 24 HOUR ALARM MONITORING -CITY HALL 22Page: Packet Page 57 of 112 02/17/2011 Voucher List City of Edmonds 23 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124000 2/17/2011 (Continued)064088 PROTECTION ONE 24 hour Alarm Monitoring-City Hall 001.000.651.519.920.420.00 37.85 Total :37.85 124001 2/17/2011 030410 PUGET SOUND BUSINESS JOURNAL 2933700 SUBSCRIPTION PS BUSINESS JOURNAL 2011 Subscription to Puget Sound Business 001.000.240.513.110.490.00 81.00 Total :81.00 124002 2/17/2011 030780 QUIRING MONUMENTS INC 114937 INSCRIPTION INSCRIPTION: SODERLUND 130.000.640.536.200.340.00 108.00 INSCRIPTION114938 INSCRIPTION: WEISS 130.000.640.536.200.340.00 81.00 INSCRIPTION114939 INSCRIPTION: AARING 130.000.640.536.200.340.00 80.00 INSCRIPTION114940 INSCRIPTION: CONNER 130.000.640.536.200.340.00 80.00 Total :349.00 124003 2/17/2011 064291 QWEST 206-Z02-0478 332B TELEMETRY TELEMETRY 411.000.656.538.800.420.00 101.18 Total :101.18 124004 2/17/2011 068816 SIMPLEX GRINNELL 66258681 TEST & INSPECT SPRINKLER SYSTEM TEST & INSPECT SPRINKLER SYSTEM 411.000.656.538.800.480.21 321.03 Total :321.03 124005 2/17/2011 036955 SKY NURSERY 288912 STRAWBERRY TREE STRAWBERRY TREE 001.000.640.576.800.310.00 41.91 23Page: Packet Page 58 of 112 02/17/2011 Voucher List City of Edmonds 24 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124005 2/17/2011 (Continued)036955 SKY NURSERY 9.5% Sales Tax 001.000.640.576.800.310.00 3.98 PLANTS, ETC.288914 9.5% Sales Tax 001.000.640.576.810.310.00 15.57 PLANTS, ETC. 001.000.640.576.810.310.00 163.92 Total :225.38 124006 2/17/2011 037801 SNO CO HUMAN SERVICE DEPT I000267056 4Q-10 LIQUOR BOARD PROFITS & TAXES 4Q-10 Liquor Board Profits & Taxes 001.000.390.567.000.510.00 2,559.32 Total :2,559.32 124007 2/17/2011 037375 SNO CO PUD NO 1 2025-4064-7 8100 190TH ST SW 8100 190TH ST SW 001.000.640.576.800.470.00 31.04 Total :31.04 124008 2/17/2011 037375 SNO CO PUD NO 1 113650017 2002-0255-4 24400 HIGHWAY 99 RICHMOND PARK 411.000.656.538.800.471.62 30.02 2019-2988-2126933795 8421 244TH ST SW RICHMOND BEACH 411.000.656.538.800.471.62 30.02 2025-7952-0136798042 VARIOUS LOCATIONS 411.000.656.538.800.471.62 16.14 Total :76.18 124009 2/17/2011 037375 SNO CO PUD NO 1 200706851 SIGNAL LIGHT SIGNAL LIGHT 111.000.653.542.640.470.00 31.04 SIGNAL LIGHT 961 PUGET DR200723021 SIGNAL LIGHT 24Page: Packet Page 59 of 112 02/17/2011 Voucher List City of Edmonds 25 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124009 2/17/2011 (Continued)037375 SNO CO PUD NO 1 111.000.653.542.640.470.00 38.27 BLINKING LIGHT 9301 PUGET DR201431244 BLINKING LIGHT 111.000.653.542.640.470.00 31.04 TRAFFIC CONTROL LIGHT 21531 HWY 99201441755 Traffic Control Light 21531 Hwy 99 111.000.653.542.630.470.00 84.16 TRAFFIC SIGNAL 900 PUGET DR201690849 Traffic Signal - 900 Puget Dr 111.000.653.542.640.470.00 31.04 TELEMETRY SYSTEM201790003 TELEMETRY SYSTEM 411.000.654.534.800.470.00 29.45 TRAFFIC LIGHT 21931 HWY 99202289450 TRAFFIC LIGHT 111.000.653.542.640.470.00 197.01 SCHOOL FLASHING LIGHTS 1400 OLYMPIC AVE202519864 SCHOOL FLASHING LIGHTS 111.000.653.542.640.470.00 31.04 Total :473.05 124010 2/17/2011 063941 SNO CO SHERIFFS OFFICE I000266600 INV#I000266600 CUST#SSH00095-EDMONDS PD SCSO RANGE USAGE 10 HRS 11/19/10 001.000.410.521.400.410.00 500.00 INV#I000266602 CUST#SSH00095-EDMONDS PDI000266602 SCSO RANGE USAGE 10 HRS 11/23/10 001.000.410.521.400.410.00 500.00 Total :1,000.00 124011 2/17/2011 063941 SNO CO SHERIFFS OFFICE JAN-11 INMATE MEDICAL - EDMONDS PD - 2/9/11 INMATE MEDS - JANUARY 2011 001.000.410.523.600.310.00 947.15 Total :947.15 124012 2/17/2011 006630 SNOHOMISH COUNTY I000267305 SOLID WASTE CHARGES/57565 25Page: Packet Page 60 of 112 02/17/2011 Voucher List City of Edmonds 26 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124012 2/17/2011 (Continued)006630 SNOHOMISH COUNTY DUMP FEES 001.000.640.576.800.470.00 448.00 Total :448.00 124013 2/17/2011 064351 SNOHOMISH COUNTY TREASURER 2011-559 INV#2011-559 EDMONDS PD 64.83 BOOKING DAYS - JAN 2011 001.000.410.523.600.510.00 5,834.70 555 HOUSING DAYS - JAN 2011 001.000.410.523.600.510.00 34,687.50 37 WORK RELEASE DAYS - JAN 2011 LESS 001.000.410.523.600.510.00 594.00 Total :41,116.20 124014 2/17/2011 068439 SPECIALTY DOOR SERVICE 30231 FS 16 - INSTALLED SAFETY EDGE ON REAR FS 16 - INSTALLED SAFETY EDGE ON REAR 116.000.651.519.920.480.00 737.50 9.5% Sales Tax 116.000.651.519.920.480.00 70.06 Total :807.56 124015 2/17/2011 067262 SR SOFTBALL WORLD 783 SOFTBALLS SOFTBALLS 001.000.640.575.520.310.00 518.00 Total :518.00 124016 2/17/2011 071585 STERICYCLE INC 3001271626 INV#3001271626 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 124017 2/17/2011 040430 STONEWAY ELECTRIC SUPPLY 2419203 SUPPLIES SUPPLIES 001.000.640.576.800.310.00 120.75 26Page: Packet Page 61 of 112 02/17/2011 Voucher List City of Edmonds 27 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124017 2/17/2011 (Continued)040430 STONEWAY ELECTRIC SUPPLY 9.5% Sales Tax 001.000.640.576.800.310.00 11.47 Total :132.22 124018 2/17/2011 040917 TACOMA SCREW PRODUCTS INC 18926758 100323 UTILITY TOOL/ABRASIVE 411.000.656.538.800.310.21 102.82 9.5% Sales Tax 411.000.656.538.800.310.21 9.77 Total :112.59 124019 2/17/2011 009350 THE DAILY HERALD COMPANY 1725843 E7AA.RFQ ADVERTISEMENT E7AA.RFQ Advertisement 112.200.630.595.330.410.00 206.64 Total :206.64 124020 2/17/2011 038315 THYSSENKRUPP ELEVATOR 769480 MUSEUM monthly elevator maint-museum 001.000.651.519.920.480.00 199.94 9.5% Sales Tax 001.000.651.519.920.480.00 19.00 FAC769481 monthly elevator maint-FAC 001.000.651.519.920.480.00 882.13 9.5% Sales Tax 001.000.651.519.920.480.00 83.80 MONTHLY ELEVATOR MAINT-LIBRARY769482 Monthly elevator maint-Library 001.000.651.519.920.480.00 874.31 9.5% Sales Tax 001.000.651.519.920.480.00 83.06 PUBLIC SAFETY769483 quarterly elevator maint-PS 001.000.651.519.920.480.00 751.63 9.5% Sales Tax 27Page: Packet Page 62 of 112 02/17/2011 Voucher List City of Edmonds 28 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124020 2/17/2011 (Continued)038315 THYSSENKRUPP ELEVATOR 001.000.651.519.920.480.00 71.41 MONITORING-PS769484 monitoring-PS 001.000.651.519.920.480.00 44.29 MONTHLY ELEVATOR MAINT-LIBRARY769485 Monthly elevator monitoring-Library 001.000.651.519.920.480.00 67.80 SENIOR CENTER ELEVATOR MAINTENANCE776954 SENIOR CENTER ELEVATOR MAINTENANCE 001.000.651.519.920.480.00 163.81 001.000.651.519.920.480.00 15.56 SENIOR CENTER ELEVATOR MONITORING776955 SENIOR CENTER ELEVATOR MONITORING 001.000.651.519.920.480.00 13.33 Total :3,270.07 124021 2/17/2011 062693 US BANK 8313 ENG CREDIT CARD JANUARY 2011 MRSC Annual Renewal $300~ 001.000.620.532.200.490.00 820.00 Total :820.00 124022 2/17/2011 062693 US BANK 1070 INV#1070 02/07/11 - THOMPSON -EDMONDS PD FRAME CERT. SGT PLOEGER 001.000.410.521.100.310.00 69.11 FOOD FOR ORAL BOARD 1/19/11 001.000.410.521.100.310.00 28.03 FOOD FOR ORAL BOARD 1/20/11 001.000.410.521.100.310.00 43.21 INV#3181 02/07/11 - BARD - EDMONDS PD3181 REG. GREENMUM-COMD INST 8/11 001.000.410.521.400.490.00 650.00 REG. MACHADO- COMD INST 8/11 001.000.410.521.400.490.00 650.00 STREAMLIGHT 26000 FLASHLIGHTS 28Page: Packet Page 63 of 112 02/17/2011 Voucher List City of Edmonds 29 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124022 2/17/2011 (Continued)062693 US BANK 001.000.410.521.220.350.00 303.27 FLASH DRIVES 001.000.410.521.220.310.00 30.65 LASER BATTERIES 001.000.410.521.400.310.00 174.08 REG. BARKER- EXEC SURVIVAL 6/11 001.000.410.521.400.490.00 550.00 MALE TORSO TARGETS 001.000.410.521.400.310.00 186.62 REG.PLOEGER- IAI MGT 3/11 001.000.410.521.400.490.00 300.00 REG. PLOEGER- SUPER LEAD 4/11 001.000.410.521.400.490.00 650.00 AIRFARE BARD-NEW WORLD 5/11 001.000.410.521.400.430.00 342.40 INV#3314 02/07/11 - LAWLESS - EDMONDS PD3314 HOLSTERS 001.000.410.521.220.310.00 198.12 CHIEF'S BFT-COMPAAN/LAWLESS 001.000.410.521.100.490.00 26.00 INV#3512 02/07/11 TRAINING-EDMONDS PD3512 PARKING FOR CLASS-ANDERSON 001.000.410.521.400.430.00 14.00 FEDEX - RETURN ARMORY GUN 001.000.410.521.100.420.00 129.53 Total :4,345.02 124023 2/17/2011 062693 US BANK 3249 POSTAGE FOR PASSPORTS POSTAGE FOR PASSPORTS 001.000.230.512.500.420.00 47.50 Total :47.50 124024 2/17/2011 062693 US BANK 3280 Aquatic Manager (#11-01) - 2 ads, Aquatic Manager (#11-01) - 2 ads, 001.000.220.516.100.440.00 125.00 29Page: Packet Page 64 of 112 02/17/2011 Voucher List City of Edmonds 30 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124024 2/17/2011 (Continued)062693 US BANK ID badging software 001.000.220.516.100.310.00 150.56 Total :275.56 124025 2/17/2011 062693 US BANK 2143 Monoprice adjustable tilting/swiveling Monoprice adjustable tilting/swiveling 001.000.310.518.880.350.00 59.14 Monoprice adjustable tilting/swiveling 001.000.620.524.100.350.00 19.71 Monoprice adjustable tilting/swiveling 001.000.620.558.600.350.00 19.71 Monoprice adjustable tilting/swiveling 001.000.620.532.200.350.00 19.72 Northwest Computer Support Message 001.000.310.518.880.410.00 1,387.08 Shape 5 software/template access 001.000.310.518.880.310.00 224.99 Domain name registration 001.000.310.518.880.490.00 38.85 Monoprice.com Ethernet Network Cables 001.000.310.518.880.310.00 104.19 ARIN Annual Maintenance Fee 001.000.310.518.880.490.00 100.00 TigerDirect.com Cables, Battery 001.000.310.518.880.310.00 313.51 Tec It software 001.000.310.518.880.310.00 114.00 Total :2,400.90 124026 2/17/2011 062693 US BANK 3306 EMERGENCY PREPAREDNESS EMERGENCY PREPAREDNESS 411.000.656.538.800.310.12 280.22 NITRILE GLOVES 411.000.656.538.800.310.21 1,144.80 EXAMINATION/SLENKER 30Page: Packet Page 65 of 112 02/17/2011 Voucher List City of Edmonds 31 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124026 2/17/2011 (Continued)062693 US BANK 411.000.656.538.800.490.00 102.00 Total :1,527.02 124027 2/17/2011 062693 US BANK 3462 CITY CLERK PURCHASE CARD Misc recorded documents 001.000.250.514.300.490.00 88.00 Recording of Utility Liens 411.000.654.534.800.490.00 558.00 Recording of Utility Liens 411.000.655.535.800.490.00 558.00 Total :1,204.00 124028 2/17/2011 062693 US BANK 6045 2009 WA State Non-Res Energy Code 2009 WA State Non-Res Energy Code 001.000.620.524.100.490.00 50.00 The ABC's of Form-Based Codes class for 001.000.620.558.600.490.00 250.00 Coffee for Westgate Workshop on 1/26/11. 001.000.620.558.600.490.00 14.18 Form-Based Codes class for Rob Chave on 001.000.620.558.600.490.00 250.00 Stacks for posting for Planning Dept. 001.000.620.558.600.490.00 33.93 Pizza for Planning Board Retreat. 001.000.620.558.600.490.00 57.54 Click to mail post card mailings - 001.000.620.558.600.490.00 578.59 2 mice for Rob Chave. 001.000.620.558.600.490.00 53.80 Total :1,288.04 124029 2/17/2011 062693 US BANK 3389 Refreshments for Council Retreat Refreshments for Council Retreat 001.000.110.511.100.490.00 115.53 AWC Conf Ref. Council Member Wilson 31Page: Packet Page 66 of 112 02/17/2011 Voucher List City of Edmonds 32 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124029 2/17/2011 (Continued)062693 US BANK 001.000.110.511.100.490.00 135.00 Total :250.53 124030 2/17/2011 068724 US HEALTHWORKS MED GROUP OF WA0348465-WA INV# 0348465-WA EDMONDS PD PE-FIT FOR DUTY- COMPLEX 2/8/11 001.000.410.521.100.410.00 115.00 Total :115.00 124031 2/17/2011 045517 WACA 2011 WACA DUES 2011 WACA DUES - DAWSON/SHOEMAKE 2011 WACA MEMBERSHIP - DAWSON 001.000.410.521.700.490.00 35.00 2011 WACA MEMBERSHIP - SHOEMAKE 001.000.410.521.700.490.00 35.00 Total :70.00 124032 2/17/2011 073564 WALTER WILSON & BRENT GARHOFER 5-11175 RE: #1302-5009676 UTILITY REFUND RE: #1302-5009676 Utility Refund 411.000.000.233.000.000.00 78.48 Total :78.48 124033 2/17/2011 045912 WASPC 29418 ELECTRONIC HOME MONITORING ELECTRONIC HOME MONITORING 001.000.230.523.200.510.00 120.75 Total :120.75 124034 2/17/2011 047665 WATER ENVIRONMENT FEDERATION 1554 WEF MEMBERSHIP/ZUVELA WEF MEMBERSHIP/ZUVELA 411.000.656.538.800.490.00 173.00 Total :173.00 124035 2/17/2011 070796 WEED GRAAFSTRA & BENSON INC PS 22 C/A 4181-01M Reidy/Theusen conflict matter 001.000.360.515.100.410.00 1,267.25 Total :1,267.25 124036 2/17/2011 073552 WELCO SALES LLC 5040 BUSINESS CARDS FOR P & R, PD & PW 32Page: Packet Page 67 of 112 02/17/2011 Voucher List City of Edmonds 33 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124036 2/17/2011 (Continued)073552 WELCO SALES LLC Business Cards-Ken Ploeger250-00259 001.000.410.521.220.310.00 19.16 Carrie S. Hite250-00259 001.000.640.574.100.310.00 19.16 Dave Sittauer250-00259 511.000.657.548.680.310.00 19.16 9.5% Sales Tax 001.000.410.521.220.310.00 1.82 9.5% Sales Tax 001.000.640.574.100.310.00 1.82 9.5% Sales Tax 511.000.657.548.680.310.00 1.82 Total :62.94 124037 2/17/2011 073552 WELCO SALES LLC 1817662 Misc. office supplies including 66/Pk Misc. office supplies including 66/Pk 001.000.620.558.800.310.00 135.74 9.5% Sales Tax 001.000.620.558.800.310.00 12.92 Total :148.66 124038 2/17/2011 068106 WELCOME COMMUNICATIONS 7151 INV#7151 - EDMONDS PD 2700 Ni-MH RADIO BATTERIES 001.000.410.521.220.310.00 1,176.00 9.5% Sales Tax 001.000.410.521.220.310.00 111.72 Total :1,287.72 124039 2/17/2011 072634 WHISTLE WORKWEAR E66337 2714 UNIFORM/GARCIA 411.000.656.538.800.240.00 315.76 9.2% Sales Tax 411.000.656.538.800.240.00 29.05 0283E66338 UNIFORM/LEIN 33Page: Packet Page 68 of 112 02/17/2011 Voucher List City of Edmonds 34 8:47:32AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124039 2/17/2011 (Continued)072634 WHISTLE WORKWEAR 411.000.656.538.800.240.00 315.48 9.2% Sales Tax 411.000.656.538.800.240.00 29.02 0283E66339 UNIFORM/JACKET/LEIN 411.000.656.538.800.240.00 53.99 9.2% Sales Tax 411.000.656.538.800.240.00 4.97 Total :748.27 Bank total :336,867.66125 Vouchers for bank code :front 336,867.66Total vouchers :Vouchers in this report125 34Page: Packet Page 69 of 112 AM-3750   Item #: 2. E. City Council Meeting Date: 02/22/2011 Time:Consent   Submitted By:Frances Chapin Department:Parks and Recreation Review Committee: Committee Action: Type:Action  Information Subject Title Authorization to expend budgeted conference registration funds for Edmonds Arts Commissioners. Recommendation from Mayor and Staff Authorize expenditure of up to $500 budgeted in the 117-100 for Arts Commissioners to attend 2011 statewide Cultural Congress. Previous Council Action Narrative The Washington Cultural Congress, an annual conference put on by the Washington State Arts Alliance, is the primary gathering of arts administrators and members of community based arts organizations in the state. This year the conference is being held in Stevenson, WA, April 25-27, 2011. The Arts Commission requests authorization to use budgeted funds of up to $500 to register one or more Arts Commissioners to attend this conference. Commissioners pay for their own accommodations and travel. Sessions include workshops on funding challenges facing arts organizations, cultural tourism, arts education, and municipal outlooks on arts investments. This is a key opportunity for Commissioners to learn more about arts endeavors throughout Washington and Oregon and to participate in workshops that will benefit the Commission’s own programs and planning. Knowledge gained from attending this conference will be helpful in implementing the goals of the EAC strategic plan and the Community Cultural Plan.  City Council authorization is required as per Ordinance 2893 (Section 1, 2.25.050, D).  Attachments Cultural Congress schedule Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/17/2011 09:31 AM Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Frances Chapin Started On: 02/15/2011  Final Approval Date: 02/18/2011  Packet Page 70 of 112 Washington State Arts Alliance 2011 Cultural Congress April 25 - 27 Skamania Lodge along the Columbia River Gorge in Stevenson, Washington REGISTER NOW Drafting the Blueprint for Arts & Culture Join your colleagues at the 19th annual arts conference to get the most relevant information, connect with peers and strategize for our future. Now, more than ever, we need to come together to share challenges, gain skills, and build relationships. This year’s Cultural Congress will offer these vital opportunities as well as the unique chance to be instrumental in setting strategy and direction for the future of arts and culture in our rapidly changing communities. Schedule at a Glance MONDAY, APRIL 25 1:00 - 2pm Opening Session 2:15 – 4:00pm Concurrent Sessions 4:15 – 5:45pm Blueprint for Arts & Culture Dialogues 6:00 – 8:00pm Dinner / Keynote Address 8:30 – 9:30pm Peer Group Discussions TUESDAY, APRIL 26 7:00 – 8:00am Early Morning Activities / Breakfast 8:30 – 10:00am Concurrent Sessions 10:15 - 11:45am Blueprint for Arts & Culture Dialogues Noon – 1:00pm Lunch 1:30 – 3:00pm Meeting of Mayors Panel Discussion 3:30 – 5:00pm Concurrent Sessions 6:00 – 8:00pm Dinner / Performance Conference Fees & Deadlines Early-Bird rate through 1/ 31/11 3 days: $300 (member); $350 2 days: $200 Advanced rate through 2/28/11 3 days: $325(member); $375 2 days: $225 General rate through 3/28/11 3 days: $350 (member); $400 2 days: $250 On-site rate 3 days: $450 (member); $500 2 days: $325 1 day: $200 * Group & student rates available Packet Page 71 of 112 8:30 – 9:30pm Peer Group Discussions WEDNESDAY, APRIL 27 7:00 – 8:00am Early Morning Activities / Breakfast 8:30 – 10:00am Concurrent Sessions 10:15 – 11:30am Blueprint for Arts & Culture Dialogues 11:30 a.m. – noon Final words / Closing presentation * Presenters & scholarship recipients contact WSAAF. THANK YOU FOR GENEROUS SUPPORT FROM: Packet Page 72 of 112 AM-3757   Item #: 2. F. City Council Meeting Date: 02/22/2011 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Approval of 2011 Taxicab Operator's License for North End Taxi. Recommendation from Mayor and Staff It is recommended that the City Council approve the 2011 Taxicab Operator's License for North End Taxi. Previous Council Action Taxicab Operator's Licenses are issued annually. Narrative Edmonds City Code Chapter 4.60 requires that the City Council approve Taxicab Operator's Licenses.  A copy of the license application for North End Taxi is attached. In addition, the Police Department reviewed the application and recommended approval. Attachments 2011 North End Taxi Application Police Department Approval Form Review Inbox Reviewed By Date Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Sandy Chase Started On: 02/17/2011  Final Approval Date: 02/18/2011  Packet Page 73 of 112 Packet Page 74 of 112 Packet Page 75 of 112 Packet Page 76 of 112 Packet Page 77 of 112 AM-3751   Item #: 5. City Council Meeting Date: 02/22/2011 Time:45 Minutes   Submitted For:Councilmembers Buckshnis & Plunkett Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Information  Information Subject Title Update from the 2010-11 Citizen Levy Committee. Recommendation from Mayor and Staff Previous Council Action Narrative The levy committee first met on July 29, 2010 and has had twelve meetings to date. Copies of our minutes can be found on the website. The committee has done a lot of research both at the Edmonds staff level as well as listening to other Finance Directors from surrounding cities (Shoreline, Redmond, Lake Forest Park) as well as the Superintendent for the Edmonds School District to obtain “lesson learned” insight.  A summary was already provided by the levy committee and now one of its members, Darrol Haug will do a presentation of the following models and summaries that he has developed:  1) A summary of the Ending General Fund Balance as provided from our Executive Summaries and what levy scenarios will provide. 2) The impact a levy will have on average citizens’ property taxes. 3) Forecasting the effects of one of the City’s largest expenditures (FD1 payments) 4) Discussion topics for both models and talking points. Attachments: Final Draft Report Edmonds General Fund Ending Cash Balance Property Tax Summary Model General Fund Large Expenditure (FD1) Forecasting Summary of both models and discussion points Attachments Final Draft Report Report\Levy Committee Edmonds Ending Cash Fund Levy Commitee Property Tax Summary Large Expenditure Example Summary of both models and discussion points (3). Packet Page 78 of 112 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/17/2011 09:31 AM Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Jana Spellman Started On: 02/16/2011 10:10 AM Final Approval Date: 02/18/2011  Packet Page 79 of 112 Final DRAFT What have we researched to date and where are we now? • The Levy Committee conducted information sessions with representatives from the Cities of Lake Forest Park, Shoreline, Redmond and the Edmonds School District to obtain an understanding of how they approach(ed) preparing levies in addition to discussing what has worked and what did not. • City expenditures have been examined to the extent possible (with the exception of labor cost which includes benefits). Our purpose in examining expenditures is to assure the public that all expenditures have been fairly examined in concert with the fiscal responsibilities of the Legislative Branch. • The Committee believes labor cost (salaries, benefits, and retirement) exceed the levy committee’s authority to review and the final decisions on salaries and benefits rest with the legislative branch of government. o However, the Levy Committee recommends that the Council continue to negotiate in “good faith” on labor cost and benefits and ensures the public is made more aware of these costs. • The committee believes the 2011 budget represents a financial baseline of information for the future even though we have yet to receive the final document. • The Levy Committee has produced various sample models of taxation using ratios based on County Property Tax Statements and levy draft scenarios. • The Levy Committee recognizes that the City of Edmonds’ previous cost control and revenue generation efforts have resulted in a relatively sustained level of service to date, in spite of economic difficulties. • The Levy Committee is in the process of initiating a survey but needs the City Council acknowledgement. What levy ideas have we come up with? • Any levy should be for 2-3 years. • A general operations levy that makes up the projected shortfalls. • A capital levy for one or more specific projects such as roads, fixing up Yost Pool and/or city buildings where levy funding is used for certain capital cost in lieu of using general fund operating dollars - thus reducing the operating budget. • Or general operations and capital levy at same time, (e.g., two propositions on ballot). Packet Page 80 of 112 What challenges do we see these next few months? • Trying to get the council, administration and levy committee to agree on a strategy. • Obtaining current, accurate and complete financial statements. • Making sure the right levy, (i.e., type and amount, is put before the citizens) • City Council elections in 2011. • Public education and addressing public perceptions. What must we do to get things moving forward? • The Levy Committee needs to finalize an annual report and provide it to the City Council. • The Levy Committee must finalize work product and provide a final report which includes an agreed upon levy type(s) and funding option(s) and model samples. • Council conducts full, educational public discussions on recommendation(s) from the Levy Committee. What are the trends we are seeing? • That the people of Edmonds will support a levy if it’s the right levy is clearly specified and there is a unified administration, legislation and Levy Committee support. • More importantly a clear, concise and consistent message has to be presented to the citizens of Edmonds with supporting citizen friendly financial reports. Packet Page 81 of 112 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2011 Final 4,106,195 3,400,424 3,641,250 977,951 2,167,156 2,815,313 2,952,335 2,376,001 1,104,001 (842,158) (3,315,644) (6,477,793) GF Levy 2011 2,952,335 3,376,001 3,104,001 2,157,842 (315,644) (3,477,793) GF Levy 2014 2,157,842 2,684,356 2,522,207 One Mo. Res 2,275,507 2,509,931 2,661,621 2,762,513 2,746,091 2,822,941 2,693,408 2,778,939 2,861,085 2,951,978 3,034,367 3,130,861 GF Levy2011 1,000,000 These data shown only 1 2 3 3 3 GF Levy2014 3,000,000 to make model work.1 2 Notes for table and chart: 2011 Final is the ending cash balance from General Fund Forecast, Executive Summary dated Jan 31, 2011 GF Levy 2011 is the data for a 3 year levy for the amount shown in the yellow field. Model allows any levy amount to be entered and chart is produced. GF Levy 2014 is the data for a levy with revenues beginning in 2015 for the amount shown in the yellow field. Any levy amount may be entered an then charted. One Mo. Reserve is the amount Council has recommended as a reserve for the General Fund. Reserve is posted for prior years to show consistant data. Model allow any levy amount to be posted in the yellow fields and both the table and chart are updated to reflect the levy amount entered. Model is set to show a levy in 2011 with revenue beginning in 2012 and running for only 3 years. A second levy will produce revenue starting in 2015. Data from General Fund Forecast appears to be conservative. As the ecomomy improves these data are likely to show better numbers than posted here. Edmonds General Fund Ending Cash Balance Prepared by Darrol Haug Feb. 14, 2011 (8,000,000) (6,000,000) (4,000,000) (2,000,000) - 2,000,000 4,000,000 6,000,000 2005 2006 2007 2008 2009 2010 2011 2012 2013 2014 2015 2016 2011 Final GF Levy 2011 GF Levy 2014 One Mo. Res Packet Page 82 of 112 Packet Page 83 of 112 Packet Page 84 of 112 Packet Page 85 of 112 Packet Page 86 of 112 Packet Page 87 of 112 1 Summary of Large General Fund Expenditure (Fire District 1 Model) and Edmonds Tax Model Prepared for Levy Work Prepared by Darrol Haug Feb 12, 2011 These two models are interrelated and show a set of Levy Examples do the following: Levy Examples produce $19,000.000 over a six year period. Sets into motion a plan to fully fund the cost of the fire services provided by Fire District 1 with its own dedicated taxes and revenues and eliminates the need for funding FD1 from the General Fund. The levy examples are designed to respond to perceived public wishes for: 1. Tax payer voted taxes 2. Taxes which are not regressive 3. Taxes which are not permanent 4. Taxes that are for targeted purposes Levies are designed: 1. Restore services which have been eliminated from General Fund 2. Restore Street overlay program 3. Do catch-up on deferred maintenance 4. Repair Yost Pool and provide reserve for operations 5. Provide permanent funding and revenue sources to support FD1 payment for life of contract. The FD1 Model has two sheets: FD1 Model and Model Comments. The model allows testing of various growth assumptions to see the impact on costs, taxes and revenues associated with FD1 contract. Summary of FD1 Key Points: FD1 contract is for 20 years and the first decision point is in 2014. Current contract is for $6.2 annually with a COLA increase. First year increase was less than 1% but the FD1 model is set to test the costs with a 4% COLA. CPI for Seattle has averaged +3.09% over the last 20 years. With the current EMS tax rate at $.50 per thousand the anticipated 2011 collection will exceed $3.2m. Property values have declined from $7.7B in 2009 to $6.4B+ in 2011, a 16% decrease. As property values slowing return to prior levels the EMS tax will produce increases proportional to the property value increases. This tax is not limited to a 1% limit. The model is currently set to show a 4% increase. The transport fees associated with the FD1 are slow in collection. As of 1/13/2011 the collections for 2009 were $868,404 on charges of $1.443,191. These fees are the net fees collected after FD1 bills and collects for EMS transport. If FD1 does not collect the fee it is written off. There is no incentive provided to FD1 to manage and increase collections. As Obama Care kicks in and more people are covered with health insurance these fees will likely increase. Edmonds should create a plan to optimize collections both now and in the future. The model is set for a 5% increase. With the model set as outlined above the contract costs will grow from $6.2m to $6.97m in 2014. The EMS tax Packet Page 88 of 112 2 will grow from $3.2m to $3.6m and transport fees will grow from $700k to $810k and the contribution from the GF will grow from $2.3m to $2.56m. The FD1 model can be used to test alternative growth assumptions. And while the numbers mentioned above are estimates the model provides a way to predict and track the costs, taxes and revenues associated with the FD1 contract. In 2014 Council will have choices for FD1 contract: 1. Continue contract as is, and pay the contracted amount plus COLA 2. Cancel the contract with a two year notice. 3. Do something else. Some have advanced ideas to create a regionalize tax plan. Continuing the contract may well be the most cost effective way for Edmonds. If we cancel we have two years to get back into the fire service business. We own the stations and we would need to buy equipment and hire personnel to restart a fire service. With no constraints we could study alternatives and find the most cost effective model to provide fire services. Any form of regionalizing payments for FD1 should be judged against the costs associated with the existing contract. Care should be taken to insure Edmonds does not subsidize others communities. The Sno-Isle Library regional funding caused Edmonds to pay more for Sno-Isle services than the contract method of payment. The Tax Model Levy has 3 sheets. Tax Model allows for testing of various levies and home values to see the tax impact. Tax and Rev Summary shows a summary of taxes and revenues generated by the proposed levies. Tax Tables show the tax rates and revenues from the 3 Edmonds taxes: Regular, EMS, and Bonds. Here are the details for each levy and how they fit with the objectives above. Street Overlay Levy: $1.5m per year for 3 years. This restores overlay work that has been cut from the GF. Unlike the TBD, this tax is not linked to car tabs, it is not regressive, is not a forever tax unless voted on again in the future and it is large enough to get us back on pace with street overlay work. Street Overlay work is directly measurable and predictable as far as lane miles paved for the dollars received. If the public is pleased with the results during the 3 year period they can vote again to do more work. This dedicated tax will restore a basic service and create funding for the targeted work. Deferred Maintenance Levy: $500k per year for 3 years. This tax will dedicate funds that have been cut from the GF and will allow for catch up of documented deferred maintenance. This tax has the same characteristics as the street overlay tax. Yost Pool Levy: $1m for 1 year. This dedicated tax will generate sufficient funds to do primary pool repair and will also fund a reserve fund that can be used for operations. This will allow for additional time to evaluate alternatives for the pool’s future. Time will allow for a full public discussion of the pros and cons of the 3 levies above. The public will then be allowed to express their own priorities on all 3 issues. Because of the targeted nature of each levy for items Packet Page 89 of 112 3 which have good public support all would have good chance of success. But if voted down the public will have made the choice on individual items instead of a larger general levy. Voted on individually will give the public confidence that the money will be spent as advertised. General Fund Levy: $1m for 3 years. Since the other levies are targeted as planned this levy would be to augment the GF. Based on the current budget forecast these dollars will keep the GF above the reserve levels set by Council. Just as the administration has been asked to show what will be cut as the GF is reduced, the administration should be asked to show how they plan to spend the added $3m. Since this levy is for 3 years the public will be have time to judge how well the money is being spent and could be asked for an added levy at the expiration of the 3 years. The model shows a new tax payer approved tax in 2014 and taking effect in 2015. Based on the FD1 model the contribution from the GF to pay the FD1 contract is estimated to be $2.66m in 2015. Setting the new tax rate to generate $3m will allow the full payment of the FD1 contract from dedicated source and create a small reserve. By voting for a new tax with a rate of $.48 together with the EMS rate of $.50/1000 would produce a total rate of about $.98/1000. This increase will produce enough money in both taxes along with the transport fees to cover the cost of the contract. Because this new tax is not accompanied by a reduction of the tax rate for the GF the passage of the new EMS tax will free up $3m for other uses in the GF. Effectively we would be adding $3m to the GF on an annual basis. Based on the current budget forecast, the $3m would be more than necessary to say above the target reserves and would allow for expanded uses of the GF. Once again it would be useful if the administration would outline how the additional funds would be used. The Model allow for the testing of various levy assumptions and various assumptions for home values. Changing the home value from the current setting of $400,000 to any other number will produce not only the current tax for the 3 types of Edmonds taxes it produces the estimated additional tax for new levies. The model is also set to estimate the tax required to pay of a 20 year bond for any capital project. The model is currently set to show the impact of the levies discussed above and it illustrates what tax would be required to retire a $10m bond. That tax would run for 20 years to retire the $10m. The final page of the model summarizes the taxes paid for current taxes and for the levies outlined. The model also shows the total revenue generated for each tax outlined. The emphasis on these levy examples is to create targeted taxes with a time period certain to demonstrate to the public that there taxes are being spent for the intended purposes. Because the taxes are limited in time the public is not asked to commit to a forever tax. This is similar to how we do school funding with replacement levies. If the public is confortable with how their money is being spent they are likely to renew the taxes when asked. Packet Page 90 of 112 AM-3754   Item #: 6. City Council Meeting Date: 02/22/2011 Time:30 Minutes   Submitted For:Rob English Submitted By:Megan Cruz Department:Engineering Review Committee: Community/Development Services Committee Action: Recommend Review by Full Council Type:Action  Information Subject Title Authorization for Mayor to sign Addendum No. 4 to the Professional Services Agreement with Perteet, Inc for the Shell Valley Emergency Access Project and report on the January 27, 2011 public meeting. Public comment will be received on this item.  Recommendation from Mayor and Staff Authorize Mayor to sign Addendum No. 4 to the Professional Services Agreement with Perteet, Inc. Previous Council Action On October 16, 2007, Council approved the professional services agreement with Perteet, Inc. for the Shell Valley Emergency Access project. On February 19, 2008, Council authorized the Mayor to sign Addendum No. 1 to the Professional Services Agreement. On June 15, 2010, Council authorized the Mayor to sign Addendum No. 3 to update the environmental documentation required for regulatory permitting. On January 11, 2011, the CS/DS Committee reviewed proposed Addendum No. 4 to the Professional Services Agreement with Perteet, Inc. and recommended a neighborhood meeting be held to receive public input on the project.  On February 8, 2011, the CS/DS Committee was presented with a summary (Attachment 1) of the neighborhood meeting held on January 27, 2011. The Committee's recommendation was to forward the Addendum and report on the neighborhood meeting to the full Council for discussion and possible action and allow public comment.   Narrative On February 8, 2011, staff provided a report to the CS/DS Committee on a neighborhood meeting held on January 27th for the Shell Valley Emergency Access project.   The CS/DS Committee asked staff to conduct this meeting to solicit input on the project and how the access road should be operated during the winter season.   After reviewing the staff report and discussing the concerns raised by the residents, the CS/DS committee recommended that the proposed Addendum and report on the neighborhood meeting be provided to the full Council for discussion and possible action.  The Committee also asked staff to notify residents about the meeting and provide an opportunity for them to comment on how the access road should be operated.   Packet Page 91 of 112 The proposed Addendum No. 4 to the Professional Services Agreement with Perteet, Inc will complete the following services: (1) design and secure permits for a 22 ft wide street alternative; (2) design modifications to comply with State Department of Ecology (DOE) grant requirements; (3) change the pavement material to pervious hot-mix asphalt; and (4) provide consultant support services during construction.   The current design width for the emergency access road is 15 ft. and a second alternative for a 22 ft wide pavement width would be a bid alternative in the contract documents.   If the City receives construction bids on the 22 ft wide alternative that were within the Shell Valley construction budget, then staff will recommend constructing the 22 ft. wide pavement section.    The state legislature approved $250,000 in funding for the Shell Valley Emergency Access project as part of the 2010 Transportation Budget, stipulating that the project funds must be authorized by June 1, 2011.  The City was also awarded a stormwater grant from DOE in fall 2010 and $100,000 of this grant was allocated to this project. The new grant requires the project design to be approved by DOE and several design modifications are needed to make the project eligible for funding.  The consultant’s fee for this addendum is $65,035. The costs will be funded by the following sources: • $15,000 DOE grant  • $15,000 Stormwater Utility Fund • $35,035 WSDOT State grant Attachments Attachment 1-Neighborhood Meeting Summary Attachment 2-Perteet Addendum No. 4 Form Review Inbox Reviewed By Date Engineering Robert English 02/17/2011 11:28 AM Public Works Phil Williams 02/17/2011 12:23 PM City Clerk Sandy Chase 02/17/2011 01:48 PM Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Megan Cruz Started On: 02/16/2011 02:42 PM Final Approval Date: 02/18/2011  Packet Page 92 of 112 City of Edmonds 121 5TH AVENUE NORTH EDMONDS, WA 98020 • (425) 771-0220 FAX(425) 771-0221 Website: www.ci.edmonds.wa.us PUBLIC WORKS DEPARTMENT Engineering Division Neighborhood Meeting Summary Page 1 of 2 Date of Meeting: January 27, 2011, 6pm. Plaza Room, Edmonds Public Library Project Name/Address: Shell Valley Emergency Access Project Meeting Purpose: To inform the residents about the project, review alternatives for either a 15 ft. or 22 ft. wide access road and receive feedback on how the access road should be operated. Attendance: Approximately 25 people attended the meeting, nine of whom reside on Pioneer Way. Exhibit B is the sign-in sheet from the meeting. The City staff in attendance was Phil Williams, Public Works Director; Rob English; City Engineer and Ed Sibrel, Project Manager. Topics Covered: A general overview of the project philosophy was presented, along with a brief history of the residential development of the Shell Valley neighborhood. A summary of the design challenges regarding the existing steep slopes and wetlands were presented, as well as the opportunities presented by those challenges, via the green design of the access road utilizing pervious pavement, and the enhancement of the wetland itself. Presented were the two design options – the 15’ wide access road as originally scoped in the design, and the 22’ wide option under current consideration. The 22-foot option was described as the safer, albeit more expensive alternative to the design originally envisioned. Funding sources were also described: the $250,000 legislative appropriation, the $100,000 Department of Ecology grant, and City funding sources. Operation of the access road was discussed and staff proposed an option to open the road on November 1st and close it in February or March. This schedule would prevent staff from having to monitor road conditions and being called out on overtime to open the gate. It would also simplify communications with Shell Valley residents on when the road was open or closed. Audience Q&A / Discussion: See Exhibit A. Summary: Overall, the residents were generally supportive of the design. Given the 15- and 22-foot wide pavement alternatives, there was no distinct audience preference for one over the other. There was some discussion on the methods for access restriction when the roadway is closed – current design utilizes bollards, which would encourage pedestrians and bicyclists, while simultaneously limiting automobiles. A few residents preferred the use of gates to limit access, arguing that bollards would not deter motorcycles from use of the roadway. Of all the items covered, it was the scheduling of how the access road would be opened and closed that drew the most comments and concerns from those who attended the meeting. Several of the citizens were strongly opposed to the City’s proposal to keep the road open 4 or 5 months during the winter season. They believe this duration is not warranted since there are a limited number of snow and ice events each year. City staff will provide citizen feedback from the meeting to Council and continue discussions on how to operate the road at the February 8, 2011 CS/DS Committee. Packet Page 93 of 112 City of Edmonds 121 5TH AVENUE NORTH EDMONDS, WA 98020 • (425) 771-0220 FAX(425) 771-0221 Website: www.ci.edmonds.wa.us PUBLIC WORKS DEPARTMENT Engineering Division Neighborhood Meeting Summary Page 2 of 2 EXHIBIT A Comments Response When is the road due to go to Construction? Assuming the permitting and related approvals go smoothly, we anticipate going to construction in late summer. Will roadway be maintained? Because the roadway is of permeable pavement, there will be regularly scheduled maintenance and cleaning of the street. Will stormwater rates go up as a result of this project? The project is budgeted under the current rate structure; no utility rate increases will be caused by this project. Will City commit to never opening the road full time? The roadway is not intended for year-round use by automobiles. City staff can’t make this commitment to the residents. What would be the deciding factor for which pavement width? It’s anticipated that the results from the contract bidding will determine which pavement width to pursue. Is there a safety concern with the entering / exiting of vehicles onto Main Street? The sight distance concerns, as well as the curvature of Main Street, have been taken into account in the design. When Main Street is closed, will access be closed? In the rare occasions that Main Street is closed due to inclement weather, the closure would affect only travel to the west; Main Street will still be open to the east for access to the roadway. Why were bollards selected to control access? Gates would be better, in that motorcycles could not use the access road. Bollards are but one way to ensure access restrictions. There are a number of solutions that may be utilized. The point will be taken into consideration during further design efforts. Would the existing road beyond [south of] Madrona Cove be widened? There are no current plans, and no plans under concept for the widening of Pioneer Way Concerns regarding the width of Pioneer way and parked cars in the street. Residents park on the street when conditions are icy and using their steep driveways is a problem. Pioneer Way, north of Shell Valley Road and south of the Madrona Cove development is built along the lines of a “yield street,” where in the presence of on street parking, one of two oncoming cars must pull over to let the other pass. This is fairly typical of many residential streets. Speed bumps as traffic calming. Speed bumps are not being considered in this project. Can the Shell Valley residents control the opening/closing of the access road? There may be liability issues with allowing private citizens to control the opening/closing of the road. Why can’t police open the road so public works staff doesn’t have to be there on overtime? Police, Fire, and Aid will have full access to the roadway in the course of their duties. The Public Works Department will be responsible for opening/closing the road. Packet Page 94 of 112 P a c k e t P a g e 9 5 o f 1 1 2 P a c k e t P a g e 9 6 o f 1 1 2 P a c k e t P a g e 9 7 o f 1 1 2 P a c k e t P a g e 9 8 o f 1 1 2 P a c k e t P a g e 9 9 o f 1 1 2 P a c k e t P a g e 1 0 0 o f 1 1 2 P a c k e t P a g e 1 0 1 o f 1 1 2 P a c k e t P a g e 1 0 2 o f 1 1 2 P a c k e t P a g e 1 0 3 o f 1 1 2 P a c k e t P a g e 1 0 4 o f 1 1 2 AM-3755   Item #: 7. City Council Meeting Date: 02/22/2011 Time:30 Minutes   Submitted For:Council Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Action  Information Subject Title Final City Council deliberation on selection of City Attorney. Recommendation from Mayor and Staff Previous Council Action On February 1, 2011, the Council interviewed the following City Attorney applicants: 5:30 p.m. - Gary McLean 6:30 p.m. - Scott Snyder, Ogden Murphy Wallace PLLC 7:30 p.m. - Break 7:45 p.m. - Jeffrey Taraday, Lighthouse Law Group PLLC 8:45 p.m. - Grant Weed, Weed Graafstra and Benson, Inc., PS On February 8, 2011, the Council voted to move Ogden Murphy Wallace PLLC and the Lighthouse Law Group PLLC forward.   Narrative Final deliberations on this process were set for tonight's meeting. Attachment:  Wilson Resolution Attachments Councilmember Wilson's resolution Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/17/2011 09:31 AM Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Jana Spellman Started On: 02/16/2011 06:13 PM Final Approval Date: 02/18/2011  Packet Page 105 of 112 Wilson Resolution Re-Considering City Attorney Applications Whereas 11 applications were submitted for consideration for the contract of City Attorney of Edmonds, and Whereas 4 applicants were interviewed, of which 2 were found to not have Council support and 2 were found to be worthy of additional examination, and Whereas the Council concludes that it would like to interview additional candidates for City Attorney before making a final decision on awarding the contract, Now, therefore be it resolved that the City Council commits to re-open interviews of up to 3 applicants for the position of City Attorney for further consideration of the applicant pool before awarding the final contract, and Therefore be it further resolved that the Council direct any comments regarding additional applicant interviews to the Council President for the purposes of selecting applicants and coordinating interviews. Packet Page 106 of 112 AM-3752   Item #: 8. City Council Meeting Date: 02/22/2011 Time:15 Minutes   Submitted For:City Council Submitted By:Jana Spellman Department:City Council Committee:Type:Information Information Subject Title Discussion regarding House Bill 1265, relating to land use planning in qualifying unincorporated portions of urban growth areas; and amending RCW 36.70A.110. Recommendation from Mayor and Staff Previous Council Action Council approved the legislative agenda for 2011 prior to the introduction of HB1265. HB1265 has been advanced in an effort to assure that development at Point Wells is either at a density consistent with the surrounding jurisdictions, or includes interlocal agreements with nearby jurisdictions regarding urban services and impacts. HB1265 is co-sponsored by Kagi, Ryu, Liias and Roberts, among others. The atttachment will be provided at the City Council meeting. This agenda item was put on the CS/DS Committee.  The Committee did not have a recommendation and asked that it be placed on the an upcoming Council Agenda. Narrative Per CS/DS Committee directive, this item has been placed on this agenda for discussion. Attachment:  HB 1265 Attachments HB 1265 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/17/2011 09:31 AM Mayor Mike Cooper 02/17/2011 05:41 PM Final Approval Sandy Chase 02/18/2011 08:36 AM Form Started By: Jana Spellman Started On: 02/16/2011  Final Approval Date: 02/18/2011  Packet Page 107 of 112 H-0306.2 _____________________________________________ HOUSE BILL 1265 _____________________________________________ State of Washington 62nd Legislature 2011 Regular Session By Representatives Kagi, Ryu, Rodne, Liias, Takko, Roberts, Smith, and Upthegrove Read first time 01/18/11. Referred to Committee on Local Government. 1 AN ACT Relating to land use planning in qualifying unincorporated 2 portions of urban growth areas; and amending RCW 36.70A.110. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 Sec. 1. RCW 36.70A.110 and 2010 c 211 s 1 are each amended to read 5 as follows: 6 (1) Each county that is required or chooses to plan under RCW 7 36.70A.040 shall designate an urban growth area or areas within which 8 urban growth shall be encouraged and outside of which growth can occur 9 only if it is not urban in nature. Each city that is located in such 10 a county shall be included within an urban growth area. An urban 11 growth area may include more than a single city. An urban growth area 12 may include territory that is located outside of a city only if such 13 territory already is characterized by urban growth whether or not the 14 urban growth area includes a city, or is adjacent to territory already 15 characterized by urban growth, or is a designated new fully contained 16 community as defined by RCW 36.70A.350. 17 (2) Based upon the growth management population projection made for 18 the county by the office of financial management, the county and each 19 city within the county shall include areas and densities sufficient to p. 1 HB 1265 Packet Page 108 of 112 1 permit the urban growth that is projected to occur in the county or 2 city for the succeeding twenty-year period, except for those urban 3 growth areas contained totally within a national historical reserve. 4 As part of this planning process, each city within the county must 5 include areas sufficient to accommodate the broad range of needs and 6 uses that will accompany the projected urban growth including, as 7 appropriate, medical, governmental, institutional, commercial, service, 8 retail, and other nonresidential uses. 9 Each urban growth area shall permit urban densities and shall 10 include greenbelt and open space areas. In the case of urban growth 11 areas contained totally within a national historical reserve, the city 12 may restrict densities, intensities, and forms of urban growth as 13 determined to be necessary and appropriate to protect the physical, 14 cultural, or historic integrity of the reserve. An urban growth area 15 determination may include a reasonable land market supply factor and 16 shall permit a range of urban densities and uses. In determining this 17 market factor, cities and counties may consider local circumstances. 18 Cities and counties have discretion in their comprehensive plans to 19 make many choices about accommodating growth. 20 Within one year of July 1, 1990, each county that as of June 1, 21 1991, was required or chose to plan under RCW 36.70A.040, shall begin 22 consulting with each city located within its boundaries and each city 23 shall propose the location of an urban growth area. Within sixty days 24 of the date the county legislative authority of a county adopts its 25 resolution of intention or of certification by the office of financial 26 management, all other counties that are required or choose to plan 27 under RCW 36.70A.040 shall begin this consultation with each city 28 located within its boundaries. The county shall attempt to reach 29 agreement with each city on the location of an urban growth area within 30 which the city is located. If such an agreement is not reached with 31 each city located within the urban growth area, the county shall 32 justify in writing why it so designated the area an urban growth area. 33 A city may object formally with the department over the designation of 34 the urban growth area within which it is located. Where appropriate, 35 the department shall attempt to resolve the conflicts, including the 36 use of mediation services. 37 (3) Urban growth should be located first in areas already 38 characterized by urban growth that have adequate existing public HB 1265 p. 2 Packet Page 109 of 112 1 facility and service capacities to serve such development, second in 2 areas already characterized by urban growth that will be served 3 adequately by a combination of both existing public facilities and 4 services and any additional needed public facilities and services that 5 are provided by either public or private sources, and third in the 6 remaining portions of the urban growth areas. Urban growth may also be 7 located in designated new fully contained communities as defined by RCW 8 36.70A.350. 9 (4) In general, cities are the units of local government most 10 appropriate to provide urban governmental services. In general, it is 11 not appropriate that urban governmental services be extended to or 12 expanded in rural areas except in those limited circumstances shown to 13 be necessary to protect basic public health and safety and the 14 environment and when such services are financially supportable at rural 15 densities and do not permit urban development. 16 (5) On or before October 1, 1993, each county that was initially 17 required to plan under RCW 36.70A.040(1) shall adopt development 18 regulations designating interim urban growth areas under this chapter. 19 Within three years and three months of the date the county legislative 20 authority of a county adopts its resolution of intention or of 21 certification by the office of financial management, all other counties 22 that are required or choose to plan under RCW 36.70A.040 shall adopt 23 development regulations designating interim urban growth areas under 24 this chapter. Adoption of the interim urban growth areas may only 25 occur after public notice; public hearing; and compliance with the 26 state environmental policy act, chapter 43.21C RCW, and under this 27 section. Such action may be appealed to the growth management hearings 28 board under RCW 36.70A.280. Final urban growth areas shall be adopted 29 at the time of comprehensive plan adoption under this chapter. 30 (6) Each county shall include designations of urban growth areas in 31 its comprehensive plan. 32 (7) An urban growth area designated in accordance with this section 33 may include within its boundaries urban service areas or potential 34 annexation areas designated for specific cities or towns within the 35 county. 36 (8)(a) Except as provided in (b) of this subsection, the expansion 37 of an urban growth area is prohibited into the one hundred year 38 floodplain of any river or river segment that: (i) Is located west of p. 3 HB 1265 Packet Page 110 of 112 1 the crest of the Cascade mountains; and (ii) has a mean annual flow of 2 one thousand or more cubic feet per second as determined by the 3 department of ecology. 4 (b) Subsection (8)(a) of this section does not apply to: 5 (i) Urban growth areas that are fully contained within a floodplain 6 and lack adjacent buildable areas outside the floodplain; 7 (ii) Urban growth areas where expansions are precluded outside 8 floodplains because: 9 (A) Urban governmental services cannot be physically provided to 10 serve areas outside the floodplain; or 11 (B) Expansions outside the floodplain would require a river or 12 estuary crossing to access the expansion; or 13 (iii) Urban growth area expansions where: 14 (A) Public facilities already exist within the floodplain and the 15 expansion of an existing public facility is only possible on the land 16 to be included in the urban growth area and located within the 17 floodplain; or 18 (B) Urban development already exists within a floodplain as of July 19 26, 2009, and is adjacent to, but outside of, the urban growth area, 20 and the expansion of the urban growth area is necessary to include such 21 urban development within the urban growth area; or 22 (C) The land is owned by a jurisdiction planning under this chapter 23 or the rights to the development of the land have been permanently 24 extinguished, and the following criteria are met: 25 (I) The permissible use of the land is limited to one of the 26 following: Outdoor recreation; environmentally beneficial projects, 27 including but not limited to habitat enhancement or environmental 28 restoration; storm water facilities; flood control facilities; or 29 underground conveyances; and 30 (II) The development and use of such facilities or projects will 31 not decrease flood storage, increase storm water runoff, discharge 32 pollutants to fresh or salt waters during normal operations or floods, 33 or increase hazards to people and property. 34 (c) For the purposes of this subsection (8), "one hundred year 35 floodplain" means the same as "special flood hazard area" as set forth 36 in WAC 173-158-040 as it exists on July 26, 2009. 37 (9)(a) Except as provided in (c) of this subsection, the maximum HB 1265 p. 4 Packet Page 111 of 112 1 residential density of an unincorporated portion of an urban growth 2 area may not exceed that of the immediately adjacent areas of the 3 abutting city or cities. 4 (b) Subsection (a) of this section applies only to unincorporated 5 portions of urban growth areas that: 6 (i) Border the Puget Sound; 7 (ii) Are surrounded on the landward side entirely by one or more 8 cities; 9 (iii) Are one or more miles from any other portion of an urban 10 growth area that is in unincorporated territory; and 11 (iv) Are fifty or more acres in size. 12 (c) This subsection (9) does not apply to otherwise qualifying 13 areas if the county has entered into an interlocal agreement under 14 chapter 39.34 RCW with the city or cities surrounding the urban growth 15 area that stipulates: (i) Urban governmental services will be provided 16 by the surrounding city or cities; and (ii) limitations on and 17 mitigation of transportation impacts on the roads and impacts on the 18 park facilities of the surrounding city or cities. --- END --- p. 5 HB 1265 Packet Page 112 of 112