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2011.03.01 CC Agenda Packet                 AGENDA EDMONDS CITY COUNCIL Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds MARCH 1, 2011 7:00 p.m.                 Call to Order and Flag Salute   1.Approval of Agenda   2.Approval of Consent Agenda Items   A.Roll Call   B. AM-3765 Approval of City Council Meeting Minutes of February 22, 2011.   C. AM-3764 Approval of claim checks #124040 through #124124 dated February 24, 2011 for $434,357.55.   D. AM-3769 Review and approval of Professional Services Agreement for Land Use Hearing Examiner Services.   3. (15 Minutes) Executive session regarding potential litigation.   4. (5 Minutes) AM-3775 Potential action regarding a Settlement Agreement with Nansi Karlsten.   5. (15 Minutes) AM-3776 Discussion and potential action regarding a Professional Services Agreement with Lighthouse Law Group, and a Transition Agreement with Ogden Murphy Wallace.   6.Audience Comments  (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed Record Review or as Public Hearings.   Packet Page 1 of 103 7. (15 Minutes) AM-3772 Combined 2010 Year End Reports from the City of Edmonds Economic Development Commission and the Planning Board.   8. (2 Hours) AM-3773 Joint Meeting with the Edmonds Planning Board.   9. AM-3768 Discussion and potential action regarding pending legislation of interest to the City of Edmonds.   10. (5 Minutes) Mayor's Comments   11. (15 Minutes) Council Comments   ADJOURN   Packet Page 2 of 103 AM-3765   Item #: 2. B. City Council Meeting Date: 03/01/2011 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 22, 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 02-22-11 Draft City Council Minutes Form Review Inbox Reviewed By Date Mayor Mike Cooper 02/25/2011 08:33 AM Final Approval Sandy Chase 02/25/2011 08:58 AM Form Started By: Sandy Chase Started On: 02/24/2011 10:08 AM Final Approval Date: 02/25/2011  Packet Page 3 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES February 22, 2011 At 7:53 p.m., Council President Peterson announced that the City Council would interview a candidate for the Arts Commission, Suzie Herivel Maloney. Elected officials present were: Councilmembers Bernheim, Plunkett, Buckshnis, and Petso. Ms. Maloney responded to questions from the Council. The interview concluded at 7:56 p.m. The regular City Council meeting was called to order at 7:01 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 Michael Plunkett, Councilmember Lora Petso, Councilmember Adrienne Fraley-Monillas, Councilmember (via telephone) Diane Buckshnis, Councilmember ALSO PRESENT Peter Gibson, Student Representative STAFF PRESENT Stephen Clifton, Community Services/Economic Development Director Phil Williams, Public Works Director Carl Nelson, CIO Debi Humann, Human Resources Director Frances Chapin, Cultural Services Manager Rob English, City Engineer Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA Council President Peterson requested Item 7 be moved to follow Item 4 to ensure that Councilmember Fraley-Monillas, who was participating via telephone due to illness, could participate in that item. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO APPROVE THE AGENDA AS AMENDED. MOTION CARRIED UNANIMOUSLY. 2. CONSENT AGENDA ITEMS COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER FRALEY- MONILLAS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL RETREAT MINUTES OF FEBRUARY 4 AND 5, 2011. C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF FEBRUARY 15, 2011. D. 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. Packet Page 4 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 2 E. AUTHORIZATION TO EXPEND BUDGETED CONFERENCE REGISTRATION FUNDS FOR EDMONDS ARTS COMMISSIONERS. F. APPROVAL OF 2011 TAXICAB OPERATOR'S LICENSE FOR NORTH END TAXI. 3. CONFIRMATION OF APPOINTMENT TO THE ARTS COMMISSION. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO CONFIRM THE APPOINTMENT OF SUZIE HERIVEL MALONEY TO THE ARTS COMMISSION. MOTION CARRIED UNANIMOUSLY. 4. AUDIENCE COMMENTS Laura Townsend, Edmonds, commented the City has a City Attorney with experience. Ogden Murphy Wallace represents more mid-sized cities than any other firm in the area and they have done a good job representing the City. With several family members in the legal field, she relayed their recommendation for experience. Her research indicates the other firm under consideration does not have the same experience that Ogden Murphy Wallace has. She feared one lawsuit could cost the City a great deal of money. Ogden Murphy Wallace knows the City’s history which a new firm does not. Ron Wambolt, Edmonds, recalled Councilmember Bernheim prevailed in litigation against the City in 2004; litigation that cost him, his wife and neighbors a considerable amount of money and time. Although Councilmember Bernheim has said if Mr. Snyder is selected he will not have any difficulty continuing to work with him, Mr. Wambolt anticipated Councilmember Bernheim will harbor some resentment toward Mr. Snyder. Although the selection was not a quasi judicial matter and the Appearance of Fairness Doctrine does not apply, for the process to appear fair to citizens, he urged Councilmember Bernheim to recuse himself from the vote. Next, Mr. Wambolt referred to Councilmember Petso’s several year legal battle with the City and Mr. Snyder, costing the City in excess of $150,000 and Councilmember Petso considerable time and money. Anticipating such an extended adversarial relationship would taint how she viewed Mr. Snyder, Mr. Wambolt recommended Councilmember Petso also recuse herself from the vote in order for the selection process to appear fair to citizens. He requested before voting all Councilmembers state the reasons for their selection. Roger Hertrich, Edmonds, urged the Council to make a decision to change the City Attorney. In his opinion Mr. Snyder had been involved in a number of unnecessary lawsuits or extended lawsuits longer than necessary. Mr. Hertrich supported the use of the $1.3 million in the Public Safety Reserve to pay off the City Hall bond to free up funds in the REET funds to purchase parks such as the Civic Center playfields if it became available. He anticipated it was too late to refinance bonds as transaction costs and increasing interest rates reduced the savings. With regard to the Shell Valley access road, he recalled the road originally proposal was an 11-foot road due to environmental issues. Engineering is now recommending a 22-foot wide road and $65,000 more for a consultant to upgrade the project. He questioned whether the residents had an opportunity to provide their opinion and he feared Engineering’s recommendations did not reflect what the residents want. He cited the Five Corners roundabout as an example of a project Engineering was pursuing when the Council had not yet decided that was the best solution for Five Corners. Steve Jones, Edmonds, Shell Valley resident, was hopeful that providing emergency access, which he supported, was not a step toward creating through traffic. He was concerned the scale of the emergency access as proposed would lead to through traffic. He pointed out that providing an emergency access route did not guarantee emergency access. Two years ago during winter storms when Pioneer was closed, Main was also closed for a period of time thus the proposed emergency access would not have been available. Packet Page 5 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 3 Joan Bloom, Edmonds, relayed her choice of final City Attorney candidates would have been Gary McLean and the Lighthouse Group. Gary McLean provided her the most hope for the future of Edmonds; she appreciated his ideas about green issues and water gardens as well as his work as City Manager and City Attorney in Puyallup. The Lighthouse Group is very well qualified and she appreciated their youthful energy and the wealth of experience they offer. When she learned the Council had narrowed the selection to Ogden Murphy Wallace and the Lighthouse Group, she emailed the Council with her concerns about the process and her understanding there would be two opportunities for the public to comment before the number of candidates was narrowed at the January 15 meeting. In response Councilmember Fraley-Monillas forwarded her an email from Councilmember Wilson with charges against Mr. McLean. She expressed concern that the Council was willing to eliminate Mr. McLean on the basis of potentially unsubstantiated charges, yet nothing was done to investigate the delay in publishing the Critical Areas Ordinance in which Mr. Snyder was involved or his failure to present the Council the framework for resolution. She preferred the Council had eliminated Ogden Murphy Wallace from the candidates under consideration and suggested other candidates be considered. She summarized the Lighthouse Group is a good option for City Attorney. Matt Douglas, Edmonds, invited citizens, Councilmembers and the Mayor to attend the Edmonds- Woodway High School Booster Club/Parent Student Organization’s auction on March 19. Budget cuts have impacted funding for education and proceeds from the auction will be used to provide funds to athletics as well as other programs at Edmonds-Woodway High School. Tickets can be purchased at the Edmonds-Woodway High School Athletic Booster website. Bruce Witenberg, Edmonds, resident of the Aurora Marketplace neighborhood and an attorney practicing in King and Snohomish Counties since 1975, 2-term member of the Planning Board, current member of the Economic Development Commission and Highway 99 Task Force and Harbor Square Steering Committee, explained he has never been sued by the City or sued the City or been professionally involved in any litigation with Ogden Murphy Wallace or the Lighthouse Group. During his volunteer activities in the City he has had opportunity to work with Mr. Snyder and other members of Ogden Murphy Wallace on issues affecting the City. Mr. Snyder regularly staffed Planning Board meetings and always treated him professionally and courteously. As a member of the legal community, he is aware of Ogden Murphy Wallace and Mr. Snyder’s excellent reputation. Ogden Murphy Wallace has been in existence for 100 years and have 30 lawyers in Seattle and 13 in Wenatchee as well as numerous support staff. The firm represents more municipalities than any other firm in the state and as a result Edmonds has the benefit of economy of scale because other municipalities they represent face similar issues. He anticipated a new City Attorney will have a substantial learning curve which could adversely impact day- to-day legal services provided to the City as well as the loss of Ogden Murphy Wallace’s institutional memory and costs associated with transitioning to a new firm. The Lighthouse Group has only existed for a few months, has not represented a municipality and do not have the experience that Ogden Murphy Wallace has. He urged the Council to consider the totality of the circumstances, not just the cost. Based on the totality of the circumstances, he urged the Council to support the retention of Ogden Murphy Wallace as the most qualified candidate for City Attorney. 7. FINAL CITY COUNCIL DELIBERATION ON SELECTION OF CITY ATTORNEY. Council President Peterson thanked the applicants, the Council and citizens for their patience with the process. Councilmember Plunkett explained he was not pleased with the two candidates the process resulted in. With additional discussions and review, he has become more supportive of the Lighthouse Group. He supported a third alternative, Weed, Graafstra and Benson. He spoke with Mr. Weed today who provided additional information. If the Council chose not to select a City Attorney tonight, he has considered Packet Page 6 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 4 suggesting the process be reset to consider other candidates. However, he reached the decision it was preferable that the Council select a City Attorney tonight and planned to make a motion to reconsider Weed, Graafstra and Benson. One of the concerns with Mr. Weed was that he is the lead attorney for another city and would not be able to attend all Council meetings. If the Council moved Committee meetings to another week, Mr. Weed could attend Council meetings and be the City’s lead attorney. Mr. Weed also provided additional information regarding his fees. Councilmember Wilson explained he has been an advocate for pushing the process forward. He drafted a resolution to provide a third option, review other applicants, in the event there were not four votes for one candidates. He anticipated that would not be necessary and there would be four votes to select a City Attorney tonight. The reason he did not second the motion to include Weed, Graafstra and Benson was Mr. Weed was unavailable to participate as the lead City Attorney, a situation that has since changed. Based on interviewing the other members of Mr. Weed’s firm, he was not interested in them as City Attorney. He knew Mr. Weed through some of the more contentious issues the Council has addressed in executive session and he has always been a very calming influence and fully competent. He offered to second a motion to consider Weed Graafstra and Benson, recognizing neither of the two candidates under consideration was as strong as they could be and both have fundamental flaws. Councilmember Wilson commented in the end, Edmonds was a great community. Whoever the Council selected as City Attorney, this was one staff position and there was not a single staff person or elected official that the City could not do without. Councilmember Fraley-Monillas commented one of her concerns with the process was not having the opportunity to interview more than four applicants. She acknowledged it may have been due to her absence because of illness but she did not recall the Council narrowing the number of candidates in an open meeting to the four who were interviewed. There was at least one other candidate she would have liked to investigate further. She preferred Council proceed as Councilmember Wilson’s resolution stated to consider additional candidates. Her goal was to ensure the City had the best City Attorney and felt the process was flawed because she had been unable to vote on the other seven applicants in an open meeting. Councilmember Bernheim explained the Council voted on January 4 to interview four candidates. None of the Councilmembers recommended interviewing any of the other candidates. He summarized there was nothing untoward or off-base about the process; it was entirely public. Prior to the January 4 Council meeting, Councilmembers had months to review the 11 applicants. All 11 applicants were extremely competent and the remaining 2 candidates, Ogden Murphy Wallace and the Lighthouse Group are very competent. He cited the qualified, 10-year experience of attorneys in the Lighthouse Group including lawyers at Microsoft, Nordstrom, City of Woodinville, Ogden Murphy Wallace and the extensive experience of the environmental attorney. He supported the Lighthouse Group as the City Attorney. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO RETAIN THE LIGHTHOUSE GROUP AS THE CITY ATTORNEY. Councilmember Fraley-Monillas reiterated her question about how the four candidates who were interviewed were selected. She recalled the four were presented to the Council. Mayor Cooper commented Councilmember Fraley-Monillas may have been absent when the decision was made regarding which candidates to interview. He recalled Councilmember Bernheim made a motion for three firms and Councilmember Petso made a motion for an additional firm. Those were the only four that the Council selected for the interview process. Councilmember Buckshnis agreed the Council was provided the 11 applications for City Attorney and invited to conduct their own research. She researched all 11 candidates and was impressed with her Packet Page 7 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 5 discussions with the labor attorneys with the Lighthouse Group. She felt the Lighthouse Group was a very strong group and she favored the team concept they offered. Council President Peterson agreed with a team concept; one of the reasons he has supported Ogden Murphy Wallace during this process is the similar business model they offer. His concern with the Lighthouse Group was not their individual experience but their experience as a group. He referred to his experience in the construction business, explaining the best carpenter may not be a good contractor. In his experience in the restaurant business, a great home cook is not necessarily a restaurateur. Until they have experience as a business entity, it is risk for the citizens of Edmonds to select the Lighthouse Group as the City Attorney. He anticipated in a few years the Lighthouse Group would prove to be excellent attorneys and excellent business people; he was uncomfortable with Edmonds being the test subject. Council President Peterson acknowledged the Lighthouse Group’s offer was outstanding but in his experience as a small business owner, one of the biggest reasons business owners fail is they do not charge/make enough money. He was concerned with the Lighthouse Group, who is hungry and willing to make a deal, that serious litigation could overturn the flat fee. He questioned whether the Lighthouse Group could put in the necessary hours with that type of fee structure. He did not support the Lighthouse Group because he was uncomfortable with their business model and a business that was so young. Councilmember Petso spoke in favor of the Lighthouse Group, recalling she added them to the candidates to be interviewed. She found their fee proposal intriguing and would provide significant benefit. She was satisfied with the attorneys’ competence, noting some appear to be outstanding. Hiring a new law firm was not the same risk as hiring another new business; rules of conduct for attorneys do not allow them to refuse to prepare to go to court. Attorneys are not allowed to decide they do not want to represent the City; they are required to arrange a smooth transition to new legal counsel and assist new counsel with getting up to speed. That mitigates the risk of selecting a newly formed firm. Councilmember Wilson commented both firms could perform admirably and competently. This decision is less about threats of litigation because the attorney is not typically the reason the City gets sued. The City gets sued because the Council or staff does something. Hiring a new City Attorney is not as much of a liability as a new Council. One of his concerns with the Lighthouse Group is one of the attorneys has a full-time job at Nordstrom, a fundamental, though not fatal, flaw. Because he not think the Lighthouse Group interviewed well, he met with Mr. Taraday as he did with Mr. Snyder and Mr. Weed. During his discussion with Mr. Taraday, many of his concerns were allayed. In the end, this is a cultural decision; whether to select the most qualified and most expensive firm, Ogden Murphy Wallace, the luxury Cadillac option, or the very competent and apparently efficient Hyundai version, the Lighthouse Group. He viewed Edmonds as a very frugal minded community, willing to pursue a good investment. Edmonds is not in a position to select a Cadillac, the City has Hyundai staff and Council. He expressed his support for the Lighthouse Group and hoped they would serve the City well. He offered Mr. Snyder and Mr. Weed his highest recommendation, noting he thought the world of Mr. Snyder. Councilmember Plunkett acknowledged the Lighthouse Group was a viable alternative, just not his first choice. UPON ROLL CALL, MOTION CARRIED (4-3), COUNCILMEMBERS WILSON, BERNHEIM, BUCKSHNIS, AND PETSO VOTING YES; COUNCIL PRESIDENT PETERSON AND COUNCILMEMBERS PLUNKETT AND FRALEY-MONILLAS VOTING NO. Councilmember Wilson suggested keeping Ogden Murphy Wallace on for all matters related to bargaining/labor issues. Mayor Cooper responded the Council could request that staff and he negotiate a contract with Ogden Murphy Wallace; he offered to provide a recommendation to the Council at the next Packet Page 8 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 6 meeting. He commented that may be appropriate given the City is in the middle of contract negotiations with three bargaining units. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO KEEP OGDEN MURPHY WALLACE ON FOR ALL LABOR NEGOTIATIONS AND TO COMPLETE EXISTING LITIGATION. Councilmember Petso did not support the motion, noting one of the Lighthouse Group’s strengths was their two outstanding labor attorneys and that they do not bill extra for labor negotiations. She recognized some transition time to get them up to speed would be necessary. She anticipated the same process for ongoing litigation. She did not support the City continuing to pay an additional fee for litigation when the Lighthouse Group’s fee structure includes litigation expenses, which encourages them to settle litigation as quickly as possible. Councilmember Bernheim did not support the motion because he preferred Mayor Cooper return with a recommendation regarding the transition after talking with the Lighthouse Group and Mr. Snyder. Councilmember Buckshnis did not support the motion, echoing Councilmember Bernheim and Councilmember Petso’s comments. She found the labor attorneys with the Lighthouse Group very knowledgeable. Councilmember Plunkett did not support the motion because he welcomed someone new stepping into labor negotiations. He suggested an executive session to outline why Mr. Snyder should continue with existing litigation. MOTION FAILED (2-5), COUNCIL PRESIDENT PETERSON AND WILSON VOTING YES. Mayor Cooper advised that unless the Council provided specific direction regarding the timing of the transition, he will discuss the transition with the Lighthouse Group and Ogden Murphy Wallace and return to the Council with a contract containing transition time periods. Councilmember Plunkett commented it may be appropriate to keep Ogden Murphy Wallace involved in litigation that is approaching conclusion. 5. UPDATE FROM THE 2010-11 CITIZEN LEVY COMMITTEE Councilmember Buckshnis recognized members of the Levy Committee in the audience, Darrol Haug, Harry Gatjens and John Carlin. She provided a summary of the Committee’s work to date, where they are now, what to do in the future and obstacles. She relayed the following with regard to what the Committee has researched to date and where are they now: • The Levy Committee conducted information sessions with representatives from the cities of Lake Forest Park, Shoreline, and Redmond and the Edmonds School District to obtain an understanding of how they approached 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). The 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 majority of the Committee believes labor cost (salaries, benefits, and retirement) exceed the Levy Committee’s authority to review but suggest benefits be separated and reviewed separately with a Committee Member. The Committee recommends the Council continue to negotiate in “good faith” on labor cost and benefits and ensure the public is made more aware of these costs. Packet Page 9 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 7 • 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 which will be presented tonight by Mr. Haug. • 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 was in the process of initiating a survey but it was later determined no survey would be initiated. Councilmember Buckshnis relayed the following ideas developed by the Committee: • Any levy should be for 2-3 years. • A general operations levy for 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. • Two propositions on the ballot – one general operations and one capital improvement levy Challenges the Committee sees in the next few months include: • 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 Tasks to move forward include: • The Levy Committee needs to finalize an annual report and provide it to the City Council • The Levy Committee must finalize work products which includes an agreed upon levy type and funding options and model samples • Council conducts full, educational public discussions on recommendations • Attempt to keep the levy committee members together Councilmember Buckshnis read emails from the following Committee Members: Evelyn Wellington, Barbara Chase, and Jessie Beyer. Mayor Cooper requested Councilmember Buckshnis provide a copy of the emails to the Council. Darrol Haug, Levy Committee Member, provided a PowerPoint presentation, beginning with the statement, “good government costs money, better government costs more.” His credentials include: 20 years of revenue forecasting for a $1 Billion Fortune 500 and for a $500 Million Start Up. Mr. Haug provided the following background information: • Edmonds has a $75 million budget • General Fund is $35 million • Property taxes generate approximately $14 million • Other taxes and fees generate the rest. He displayed a chart illustrating a one month General Fund reserve 2005-2016, the emergency reserve, and forecasts in 2007 and 2008. During that time period, March 2009, the first Levy Committee was established comprised of 80 members. That Committee recommended a $2-4 million levy. The Council took no action. Packet Page 10 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 8 Next, Mr. Haug provided a chart illustrating the actual General Fund Ending Balance 2005-2010 compared to the 1 month reserve. During that period of time, staff has made extensive cuts including 9 furlough days, layoff of 23 employees and $3.8 million in cuts as well as generated new revenues via EMS levies, transport fees, contracting with Fire District 1, and annexation to the Sno-Isle Library District. These actions extended the budget shortfall into the future. He provided a comparison of budget growth compared to CPI for the years 1991-2010: • CPI: 3.09% annual growth rate • Police: 5.56% annual growth rate • Fire: 9.34% annual growth rate • Parks & Recreation: 4.82% annual growth rate • Streets: 1.66% annual growth rate He provided a comparison of the 1 month General Fund reserve compared to the 2011 budget projection that illustrates a decline below the 1 month reserve beginning in 2012. The challenge is how to address that; the options are to make more cuts or increase revenue. Mr. Haug provided a summary of Edmonds property tax, highlighting the decrease in assessed value and revenue: 2009 2010 2011 Assessment $7,709,209,490 $6,955,482,717 $6,450,768,068 Type of Tax Rate/$1000 Rate/$1000 Rate/$1000 Regular 1.20 1.35 1.47 EMS 0.50 0.50 0.50 Bonds 0.12 0.13 0.14 Total 1.82 1.98 2.11 Revenue Revenue Revenue Regular $9,251,051 $9,389,902 $9,482,629 EMS $3,854,605 $3,477,741 $3,225,384 Bonds $925,105 $904,213 $903,108 Total $14,030,761 $13,771,856 $13,611,121 He demonstrated several models that illustrated the cost of a levy to an individual tax payer. He emphasized no decisions or recommendations had been made, these were simply examples. He demonstrated the impact of a $1 million General Fund levy on a home valued at $100,000 ($0.16/$1000 AV or $16/year), a home valued at $1 million ($016/$1000 AV or $155/year0 and an average Edmonds home valued at $400,000 ($0.16/$1000 AV or $62/year). He offered to provide the models to anyone who was interested, explained the numbers in the models, both the levy amount and the property value, could be changed to reflect individual property values/taxes. He provided a model illustrating the cost of an additional $1.5 million levy on a home valued at $400,000 ($93/year); the combined total for a $1 million levy and a $1.5 million levy on a home valued at $400,000 is $155/year, increasing an Edmonds home owners’ City taxes from $844 to $999/year. Next he demonstrated a model that illustrated the impact of a $10 million project over 20 years; $62 on a home valued at $400,000. He summarized a $10 million project financed for 20 years generally costs approximately $20 million over the 20 year period. Mr. Haug referred to a list of unfunded projects that totals $130 million and $61 million in transportation. Funding $100 million in projects would cost a home owner of a $400,000 home $433 for 30 years. The model allows the insertion of various project costs to determine the cost to an individual tax payer. He Packet Page 11 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 9 commented there were several capital projects that could be considered including an aquatics center, Senior Center, repair of the Boys & Girls Club, library repairs, purchasing ball fields, art center, etc. Mr. Haug provided examples of 3-year levies, emphasizing they were examples only, they that had not been approved or recommended: Levy Examples Amount Cost/$1000 Tax/Year Street Overlay $1,500,000 .23 $93 Deferred Maintenance $500,000 .08 $31 Yost Pool and Operating Reserve $1,000,000 .16 $62 General Fund $1,000,000 .16 $62 Subtotal $4,000,000 .62 $248 He displayed the comparison of the 1 month General Fund reserve to the 2011 budget projection, illustrating how a $1,000,000 General Fund levy would affect the forecast. He provided a summary of the impact to a property owner of a $400,000 of $4 million in levies ($0.62/$1000 AV or $248/year) and $10 million for a project ($0.16/$1000 AV or $62/year), increasing an Edmonds residents’ City taxes from $844/year to $1,154/year. Next, Mr. Haug reviewed a model of Fire District 1 costs and growth rate, assessed value and growth rate, and revenues (EMS, transport fees and General Fund) and rate/$1000 for 2011-2018, advising the Council will need to make a decision in 2014 regarding the future of fire service in Edmonds. With regard to how this impacts the General Fund, Mr. Haug again displayed the comparison of the 1 month General Fund reserve to the 2011 budget projection. He displayed how a $1 million or a $2 million General Fund levy would impact the General Fund Ending Balance, and the impact of a change in the tax structure for Fire District 1 in 2014, providing $3 million to the General Fund. Mr. Haug summarized the models are a tool that can be used to demonstrate the impact of various levy amounts on the General Fund forecast and on individual homeowners’ taxes. With regard to what’s next, he explained it was up to the Council. He suggested the Council begin to have public discussions whether at Council meetings, a retreat or prior to Council meetings. Councilmember Buckshnis advised her PowerPoint presentation as well as Mr. Haug’s models would be available on the City’s website. 6. 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. City Engineer Rob English explained this project has been in the design phase for several years and received momentum last year when the State provided a $250,000 appropriation to build the project. The two issues to be discussed with the Council tonight are: 1. An option to modify the design to incorporate a 22-foot street alternative. 2. Operational considerations for this new public street. He displayed an aerial photograph, identifying the location of the emergency access that provides a connection from Main Street to Pioneer Way. The original design called for a 15-foot wide roadway. He provided photographs of the area looking north from the end of Pioneer Way at the hammerhead for the Madrona Cove development, looking north from the 12-foot wide path at the end of Pioneer Way to the gate and looking south toward Pioneer Way. He provided a drawing of the roadway footprint, Packet Page 12 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 10 highlighting the connection at Main Street and the roadway connecting to the gate at the hammerhead in the Madrona Cove development. He advised the access would provide a 7% slope, an improvement over the existing access to the area that is quite steep. A water line will also be constructed as part of the project to connect to the water main on Main Street and continue to Pioneer Way, improving water service by providing a loop water system. The new roadway will impact approximately 280 square feet of a 2500 square foot wetland. The project mitigates those impacts by providing 1500 square feet of new plantings. Another design feature that the public commented on at the January 27 meeting is the use of bollards to prevent vehicles from accessing the road via Main Street. The bollards, 8-inch diameter posts, would be locked in place and unlocked and removed when the access is needed. The bollards were selected as the road also serves as a pedestrian and bicycle path and the bollards provide 3½ feet between them for access. There were concerns expressed at the January 27 meeting that the space could allow a motorcycle to access the road. Staff will consider whether a side pedestrian access would be preferable. Mr. English reviewed the proposed Addendum #4: • $34,595 – Design & permitting a bid alternative for a 22-foot wide road • $13,617 – DOE design modifications (related to 2010 grant for stormwater improvements) • $4,377 – Pervious hot mix asphalt pavement • $12,446 – Construction support services $65,035 – Total Fee Mr. English provided a comparison of the options: 15-foot Wide Road 22-foot Wide Road Construction $267,900 $441,500 Contingency $ 53,600 $ 88,300 Construction Management $ 48,000 $ 53,000 Total Construction $369,500 Cost $582,800 Mr. English reviewed the construction budget for the project: • $200,000 – State Grant • $ 85,000 – DOE Grant • $ 80,000 – Stormwater Utility Fund • $ 55,000 – Water Utility Fund $420,000 – Total Due to the current bidding climate, Mr. English was hopeful the construction bid would be within this budget. If that is not possible, the 15-foot wide road will be constructed. The benefit of a 22-foot wide road is safety as it would allow two vehicles to pass. He recommended the Council approve addendum #4 to provide a 22-foot roadway if the construction bids are favorable. Mr. English advised the agenda packet contains a summary of the January 27 meeting with Shell Valley residents, questions asked by the residents and staff responses. A majority of the concerns were related to operation of the access road such as how long it will be open, when it will be open and how it will be opened. Councilmember Plunkett referred to the four components of Addendum #4, assuming tasks 3 and 4 would still be completed for a 15-foot roadway and asking whether task 2 would still be necessary. Mr. English answered task 2 (design modifications to comply with State Department of Ecology (DOE) grant requirements) would still be necessary as it would change the current pavement structural section to a Packet Page 13 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 11 section that would allow use of the DOE grant funds. Councilmember Plunkett asked what would be necessary if the Council wished to proceed with a 15-foot wide road. Mr. English responded a 15-foot wide road has already been designed. If the Council wanted to pursue a 15-foot road, the first task ($34,595 design and secure permits for a 22 ft wide street alternative) would be eliminated. The addendum then would be $13,617 for DOE design modifications, $4,377 for pervious pavement and $12,446 for construction support services. Councilmember Buckshnis asked if the decision to increase the width from 15 feet to 22 feet was to allow vehicles to pass. Mr. English answered that was the primary reason; two 11-foot lanes provide adequate space for vehicles to pass particularly in ice/snow conditions. Councilmember Buckshnis asked whether the 15-foot option impacted the wetland less than the 22-foot option. Mr. English answered both widths impact the wetland by approximately 200 square feet. Councilmember Wilson asked whether the cost to add 7-10 feet of asphalt in the future would be nominal. Mr. English answered there were economies of scale by doing it all at once. He anticipated the cost to add 7 feet in the future would be more than adding it as part of this project, for example a new building permit would be required. The current bidding climate also may be more favorable than in the future. Councilmember Wilson observed this was a vision question. There are 92 houses in that area and assuming most traffic left in the morning and returned in the afternoon, it would be rare that two cars would pass. He asked if an estimate had been done of the trip count during bad weather when the emergency access would be open. Mr. English answered no. Councilmember Wilson estimated with 92 houses, there would be 5-10 occasions when 2 cars needed to pass. If the vision is emergency access during bad weather conditions, an additional $200,000+ for those few occasions did not seem appropriate. If the road were open five months of the year and was intended to be a full service road, it may be more appropriate. Public Works Director Phil Williams explained it was his understanding the original intent of the project was use by emergency vehicles only. This was expanded to a roadway both for emergency vehicle access in/out of the community as well as use by the neighborhood during winter events which results in the proposed change in the design parameters. He explained there are two issues associated with this project, first the roadway width, 15 feet versus 22 feet. He referred to information provided to the Council today regarding staff’s rationale for a 22-foot road rather than a 15-foot road, primarily public safety. He explained drivers entering the roadway would not know when they might meet another vehicle. Passing a garbage truck, emergency vehicle or snow plow on a 15-foot road would be difficult on the small gravel shoulders with a drop-off on either side with no guardrails and snow and ice on the roadway. He relayed it was the combined recommendation of Public Works, the Police Department and Fire District 1 to construct a 22-foot road. He acknowledged a 15-foot road could work but would require accepting a number of compromises. The second issue is operation of the road. There were concerns expressed at the January 27 neighborhood meeting with staff’s initial proposal to have the road open during the winter, starting early November through the end of February. Staff has considered the neighborhood’s input and now recommends opening the road during the months of December and January, the period when the majority of winter events occur. He preferred to have a period when the road was open because opening and closing the road would be an operational and maintenance issue for Public Works. It may be difficult to determine when the road should be opened/closed and what constitutes winter weather. Additional access to the neighborhood via the dirt road through Yost Park has only been opened 3-5 times in the past 20 years. If the road is only opened during those types of events, his concern is constructing a roadway with the intent of increasing safety in the neighborhood and not using it during events when safety could be increased. Packet Page 14 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 12 Mr. Williams anticipated if the road were only opened when events occurred, staff could be opening and closing the road daily for an extended period of time which would be a burden on staff and the budget. He preferred to have the road open for a period of time during the winter months. During the other winter months, the road could be opened on an as needed basis. He noted if the roadway is opened only when events occur, there is the issue of communicating with the neighborhood when the roadway is open/closed. Councilmember Petso asked if the Council could address the street width tonight and leave the operational question for another time. Mr. Williams recognized the only item in the agenda packet is the addendum; however, he anticipated many of the neighborhood residents would speak about the operation of the road. Council President Peterson asked Mr. Williams to expand on the Police Department and Fire District 1’s recommendation regarding the roadway. Mr. Williams relayed Police Chief Compaan’s support for staff’s recommendation. John Westfall, Fire Marshal, Fire District 1, explained from Fire District 1’s perspective, the roadway width and operation of the road are connected. He agreed when the emergency access road was originally proposed, it was intended to be used by emergency vehicles. The 15-foot width was approved when the use was limited to seasonal access by Law Enforcement, Fire Department, and Public Works/Utilities. When the community suggested they be allowed to use the roadway during snow events, a 15-foot width became a concern. If the intent is to allow the community to use the roadway during winter events, a 20- 22 foot width would be preferable. Councilmember Wilson defined emergency access as access for emergency vehicle during any time of year as well as access for residents in emergency 1-2 day cold weather situation. Fire Marshal Westfall defined emergency access as access by Law Enforcement, Fire Department, and Public Works/Utilities. In the event of an emergency during a cold weather event, residents could call 911. Councilmember Wilson recognized a 22-foot roadway would be easier for operations and maintenance but is not reflective of the original vision or what the Shell Valley community wants. He viewed it as a “no brainer” to save $200,000, give the residents what they want and provide emergency access. Mr. Williams answered the 15 versus 22 feet does not affect maintenance and operations. He was concerned with the potential liability of constructing a new access to the community that was safer than the existing access and then not opening it during a cold weather event. He cited the importance of an operational plan for the road once it is constructed. Councilmember Plunkett asked if Mr. Williams had vetted this issue with City Attorney Scott Snyder in terms of liability. Mr. Williams answered it was up to interpretation of the City’s construction standards. When asked about the liability he described above, Mr. Snyder did not have an answer. Mr. Williams asked the Council for direction regarding operation of the road whether it is 15 feet or 22 feet wide. Councilmember Plunkett asked if the road through Yost Park is used for emergency vehicles. Fire Marshal Westfall advised that access has always been a concern as it was not built to accommodate emergency vehicles. When Shell Valley was being developed, the developer paid half the cost of a mini- pumper/bush truck. That small 4-wheel drive vehicle is how the Fire Department anticipated addressing problems in Shell Valley for the first 20 years. The pump eventually failed and was surplused and no adequate replacement was identified. Councilmember Plunkett asked if the Yost Park emergency road could be used by the Fire Department. Fire Marshal Westfall answered no, it was not constructed to carry apparatus. Packet Page 15 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 13 Councilmember Plunkett asked where the road through Yost Park goes. Mr. Williams replied he was not familiar with that road. It is a dirt road and cannot be plowed. Councilmember Plunkett asked if it could be paved. Mr. Williams answered paving that road may be more expensive due to the length. Student Representative Gibson explained the road goes from the lower parking lot where the basketball court is, north of the pool. Mayor Cooper opened public comment on this item. David Thorpe, Edmonds, commented during last year’s snow, a call to the Assistant Police Chief resulted in opening the gate through Yost Park. He thanked everyone involved in this project since its inception over 20 years ago, especially Mr. Spellman for his constant voice to see this through. He supported limiting the use of the access road to a bikeway and walkway, emergency and maintenance use only. He did not support it being a through street for any length of time and wanted a gate to limit access. He recalled on January 21, 2003, a street amendment was presented to the Council for this project. At that time, staff indicated the combination of steep slope and wetland left little room for a road. Staff also indicated the minimum for a bikeway, walkway, and emergency access was 11-16 feet. When asked about a 20-foot road, then-Fire Chief Tomberg pointed out there was an additional shoulder provided. Following questions, the Council voted unanimously to limit the use of the access road. Now there is a proposal for a 22-foot road and leaving the access open 4-5 months. He did not support the 22-foot road due to increased cost and damage to the wetland. He questioned whether the road would be required to have drainage, sidewalks, gutters and lighting. He urged the Council to limit pavement to 15 feet, not have it be a through street and to place a gate at the entrance. Matthew Douglas, Edmonds, a Pioneer Way resident, pointed out the line on the aerial map was not representative of a 22-foot roadway and identified a road on the map that was 22-feet wide. He thanked staff for the public meeting they held with the neighborhood to gather their input. He relayed his concerns: 1) everyone in the neighborhood only wants one way in and out and do not want a through street, 2) the vegetation near the gate provides a sound buffer for the neighborhood. A 22-foot road would remove more vegetation than a 15-foot road, 3) the existing gate provides space for bikes and pedestrians, 4) the additional $240,00 cost of a 22-foot road, 5) a 15-foot road causes less damage to the wetland, and 6) smaller gates are required for a 15-foot road. He anticipated few residents would use the emergency access, noting during recent snow days most residents stayed home. He also objected to leaving the emergency access open for a period of time as it would eliminate on-street parking. He suggested giving the key to one of the City employees who lives in Shell Valley or one of the other residents. Ross Conley, Edmonds, a Pioneer Way resident, agreed with Mr. Douglas’ comments, expressing his support for an emergency access that was only opened for a few days during the year when it was needed. He disagreed with selecting December and January as the months to leave the access open, pointing out the snow that fell this year did not fall during those months. He expressed appreciation for the deicer the City has spread. He noted the access through Yost Park worked in the past until the snow melted and created mud. Donna Vasdrin, Edmonds, echoed the previous speakers’ comments. She pointed out the residents on Pioneer Way have managed to get in and out during snow events in the past, parking their cars above, etc. The Yost Park entrance provides ample access during genuine emergencies. She encouraged the Council to consider the community’s concerns as well as the considerable expense. Paul Harrison, Edmonds, a resident of Shell Valley, commented although they have managed to enter/exit the neighborhood for the past 25 years, as they get older, walking up Pioneer Way during inclement weather has become more of an issue. He anticipated the 22-foot road was proposed due to the drop-off and suggested that be addressed by a sign stating emergency road, use at your own risk. He has objected to the City’s occasional placement of a Road Closed sign at Pioneer Way, viewing it as an Packet Page 16 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 14 attractive nuisance because it encourages children to sled while vehicles still drive on the hill. He also expressed concern with the consultant fees to date and the proposed additional fee. He supported an access road for emergency vehicles and emergency use by Shell Valley residents and that it not be open for a period of time during the winter. He questioned why Public Works felt opening/closing the gate would be their responsibility; in the past the gate through Yost Park has been opened by the Police or Fire Departments. Walter Orowski, Edmonds, a Pioneer Way resident, commented he has managed the hill for the past 33 years but is finding it more difficult. For example, tonight he must decide whether to park on top of the hill and walk down the hill and back up the slippery hill next day, or drive down and be stuck if it snows. An emergency access road is needed and vital to allow residents to get in and out. Roger Hertrich, Edmonds, suggested staff consider a level access toward Yost Park. He noted in the original report the engineer estimated the lanes had the capability of accommodating a certain number of vehicle trips per day, which he assumed anticipated it would be a two-way road. He pointed out the significant angle to enter the road from Main Street as well as sight distance issues when exiting up the hill. He anticipated the access road would also be used by customers visiting home occupations. David Moore, Edmonds, a resident on the proposed access road, pointed out everyone who has spoken is opposed to opening of the access road longer than the weather event. If that is not possible, he recommended minimizing the width of the road to prevent it being used as a thoroughfare. He agreed with the comments made by his neighbors. Hearing no further comment, Mayor Cooper closed public comment on this item. Mayor Cooper commented the operational opening/closing of the road is an important issue that the Council may wish to discuss in the future regardless of the roadway width. The action staff is seeking tonight is approval of the addendum to allow the design of the 22-foot road to be completed. Councilmember Bernheim did not support the Council approving funds to design a 22-foot road, preferring the 15-foot road. Mayor Cooper asked whether Council action was necessary if the desire was a 15-foot road. Mr. English answered if no action is taken, the road will be 15 feet wide. The tasks in the proposed addendum are: 1. Design and secure permits for a 22-foot 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 4. Provide consultant support services during construction. If the Council does not proceed with a 22-foot roadway, the first task is eliminated. The remaining tasks are required for the 15-foot roadway. COUNCILMEMBER BERNHEIM MOVED, SECONDED BY COUNCILMEMBER PETSO, TO MODIFY THE CONTRACT TO ADD DESIGN MODIFICATIONS TO COMPLY WITH STATE DEPARTMENT OF ECOLOGY (DOE) GRANT REQUIREMENTS, CHANGE THE PAVEMENT MATERIAL TO PERVIOUS HOT-MIX ASPHALT AND PROVIDE CONSULTANT SUPPORT SERVICES DURING CONSTRUCTION. Councilmember Wilson assumed during wet and cold weather events the dirt road in Yost Park is not constructed for use by a great deal of traffic. Mr. English agreed, relaying comments from a resident that when it snows or is wet, the road condition deteriorates. Packet Page 17 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 15 Councilmember Wilson expressed support for the motion and offered to make an additional motion to clarify the Council’s vision for the access road such as ensuring it is a 15-foot road and how often the road is opened. Council President Peterson offered an amendment to include the first task, design and secure permits for a 22-foot wide street alternative. His reasons for offering the amendment were, 1) public safety – the Police Department and Fire Department recommend the wider road for safety reasons and he deferred to those professionals, 2) this is a bid alternative and may provide insight into what could be, and 3) the Council just hired a law firm whose advice was to avoid litigation to save money; a safer road avoids liability. COUNCIL PRESIDENT PETERSON MOVED TO INCLUDE $34,595 FOR DESIGN AND SECURE PERMITS FOR A 22-FOOT WIDE STREET ALTERNATIVE. MOTION DIED FOR LACK OF A SECOND. Councilmember Wilson disagreed with Council President Peterson’s characterizations. He did not anticipate the City’s liability would be increased if the road were open for emergency vehicles and a couple times a year to provide a better access than the existing 21% grade hill into the area. Mayor Cooper relayed the intent of Councilmember Bernheim’s motion, which did not include the first task, was for a 15-foot road. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, THAT THE ACCESS ROAD ONLY BE USED FOR EMERGENCY ACCESS AND THAT EMERGENCY ACCESS IS DEFINED AS USE BY EMERGENCY VEHICLES WHICH CAN BE POLICE, FIRE OR OTHER CITY RELATED VEHICLES, AND DURING PERIODS OF EMERGENCY COLD WEATHER ACTIVITY. Councilmember Wilson wanted to limit use of the road as the residents have requested and leave it to Public Works or Engineering to determine what constitutes emergency cold weather, anticipating it was not just temperatures below 32 degrees; it may include periods like tonight when snow is predicted. He suggested staff work with the residents to determine “something that works.” He did not support leaving the access open for 2-5 months, he preferred it only be open for select period of time when temperatures and climate conditions suggest. Councilmember Fraley-Monillas commented in her discussions with Shell Valley residents, they have indicated a desire for pedestrian and bicycle access in addition to emergency access. Councilmember Wilson clarified his intent was motorized vehicles; pedestrian traffic would be appropriate. Councilmember Buckshnis commented the Senior Center observes the Edmonds School District closures. The access road could be opened when the Edmonds School District closes due to weather. Councilmember Bernheim did not support the motion as the operation of the road was not included on the agenda. Tonight’s agenda item was a 15-foot versus 22-foot roadway width. The decision regarding operation could be made at a later time. Councilmember Wilson suggested if the intent was to use the road for anything other than as described in the motion, a 15-foot road width may not be adequate. He pointed out staff is seeking policy direction from the Council. Packet Page 18 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 16 Council President Peterson commented without a definition of cold weather, emergency, ice, etc., the Council was not providing staff policy direction. He would not support the motion because it did not provide direction to staff. Councilmember Plunkett expressed support for the motion, questioning what more the Council could say to staff. He questioned whether the Council should define inclement conditions via an ordinance. If conditions are defined, they are still subject to interpretation. In the end, emergency personnel, whether a police officer, firefighter or Public Works employee, will make the decision when to open the gate. He anticipated that decision would be made based on conditions on the ground, not what the code states. Student Representative Gibson agreed the Police Department was unlikely to consult the code before opening the gate. In the past, when it looked like Main Street needed to be closed, the Police Department closed it. UPON ROLL CALL, MOTION FAILED (3-4), COUNCILMEMBERS PLUNKETT, WILSON AND PETSO VOTING YES; AND COUNCIL PRESIDENT PETERSON, AND COUNCILMEMBERS BUCKSHNIS, FRALEY-MONILLAS, AND BERNHEIM VOTING NO. Mayor Cooper suggested scheduling this on a future Public Safety Committee agenda to have further discussion about options for opening the gate. As an alternative, he suggested scheduling it for Council discussion at a future meeting. 8. DISCUSSION REGARDING HOUSE BILL 1265, RELATING TO LAND USE PLANNING IN QUALIFYING UNINCORPORATED PORTIONS OF URBAN GROWTH AREAS; AND AMENDING RCW 36.70A.110. Mayor Cooper explained HB 1265 was sponsored in the House by Representative Kagi and in the Senate by Senator Chase. It deals with density and land use in unincorporated areas and their ability to permit projects that exceed the density of the neighboring community, more specifically, Pt. Wells. HB 1265 would not allow development at Pt. Wells to exceed the density in Woodway or Shoreline’s Comprehensive Plan. He suggested the City support HB 1265 as long as it was clear that it was specifically Pt. Wells and would not have an unintended consequence on a development in Edmonds adjacent to Esperance. Councilmember Buckshnis suggested developing a resolution of support. She pointed out traffic generated by development at Pt. Wells would have a tremendous impact on traffic. Mayor Cooper advised Friday, February 25 is the Committee cutoff date, making it too late for the Council to pass a resolution. The Council’s support tonight would allow staff to work with the City’s lobbyist on a letter that could be emailed to Representatives. A resolution in the future may be appropriate if the bill continues to move. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO DIRECT THE MAYOR TO DRAFT A LETTER TO MIKE DOUBLEDAY EXPRESSING THE COUNCIL’S SUPPORT. Councilmember Wilson suggested a motion expressing the Council’s support for passage of the bill. COUNCILMEMBER BUCKSHNIS WITHDREW HER MOTION WITH THE AGREEMENT OF THE SECOND. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, THAT THE COUNCIL SUPPORTS PASSAGE OF HB 1265 AND COMMUNICATE THAT TO THE APPROPRIATE LEGISLATORS. Packet Page 19 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 17 Councilmember Wilson explained he testified in support of HB 1265. He suggested the Council consider an amendment to require an annexation process by the city whose building standards must be met. For example if Pt. Wells is required to be developed in accordance with Shoreline’s building standards, Shoreline should annex the area. He added the following to the motion: RECOMMEND REQUIRING ANNEXATION BY THE JURISDICTION WHOSE BUILDING STANDARDS ARE REQUIRED TO BE MET. MOTION CARRIED UNANIMOUSLY. Councilmember Wilson advised there are other bills sponsored by the City’s House delegates such as banning the sale of fertilizers that contain phosphorous. The bill has moved out of committee. He asked whether the Council was interested in a motion to support HB 1489 and SB 5194. COUNCILMEMBER WILSON, MOVED, SECONDED BY COUNCIL PRESIDENT PETERSON, TO EXPRESS THE COUNCIL’S SUPPORT FOR HB 1489 AND SB 5194. Councilmember Plunkett asked what is phosphorous, what does it do and why is there interest in banning it. Councilmember Wilson responded it provides no benefit to fertilizing lawns but is included in fertilizers. When it rains, the phosphorous enters the watershed and when it reaches lakes or streams it creates food for algae growth which consume the oxygen in the water. As a result the ecology within the lake dies due to the lack of oxygen and it also has downstream effects. Councilmember Plunkett asked why fertilizers contained phosphorous. Councilmember Wilson agreed that was a great question. He recalled at the retreat Public Works Director Phil Williams mentioned he was one of the lead forces in banning this in the Spokane and northern Idaho area. The Lake Ballinger Forum took a position today to support these bills. Councilmember Petso indicated she would abstain as the topic was not on the agenda and had not been reviewed by Council Committee. COUNCIL PRESIDENT PETERSON MOVED, SECONDED BY COUNCILMEMBER WILSON, TO EXTEND THE MEETING 30 MINUTES. MOTION CARRIED (6-1), COUNCILMEMBER BERNHEIM VOTING NO. UPON ROLL CALL, MOTION FAILED (3-1-3), COUNCILMEMBERS BUCKSHNIS AND WILSON AND COUNCIL PRESIDENT PETERSON VOTING YES; COUNCILMEMBER BERNHEIM VOTING NO; AND COUNCILMEMBERS PETSO, FRALEY-MONILLAS AND PLUNKETT ABSTAINING. Mayor Cooper offered to provide further information by next week’s meeting. 9. COUNCIL REPORTS ON OUTSIDE COMMITTEE/BOARD MEETINGS. Councilmember Wilson reported the Lake Ballinger Forum took a position supporting HB 1489 and SB 5194. The Forum also discussed removing culverts between I-5 and the Nile Country Club which will eliminate much of the flooding that occurs in that area. With regard to the Community Technology Advisory Committee (CTAC), Councilmember Plunkett reported the Council budgeted $35,000 to improve the City’s website. The City contracted with Paul Bishop who is working on the update. After considering hundreds of websites, staff chose to model Bellingham’s site. A difference in the City’s website should be noticeable later this spring. Packet Page 20 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 18 CTAC is discussing with Planning and Public Works extending fiber from Main to Dayton in connection with Sound Transit and a business is also interested in that extension. With regard to targets of opportunity, there are 1-2 businesses interested in connecting to fiber. A fiber pricing subcommittee has been formed to determine the charge for businesses to hookup to fiber. The Council will be provided individual contracts for the individual businesses. Councilmember Plunkett reported the Historic Preservation Commission (HPC) has $48,000 for a Heritage Tour; $24,000 from events that was matched by the Hubbard Foundation that will be used to identify historic sites along the 4th Avenue Corridor. The HPC also sent out an RFQ for a historic architect to inventory sites to be placed on the historic register, funded by a grant. The HPC also adopted the 2011 Historic Preservation Strategic Plan which is included in the Comprehensive Plan and helps with obtaining grants. Councilmember Buckshnis advised she would provide the Council the emails written by the three Levy Committee Members. She offered special thanks to Committee Member Darrol Haug for his presentation. She commented the Levy Committee is having difficulty with a quorum due to members being out of town. Councilmember Buckshnis reported on the Economic Development Commission (EDC) meeting, advising that comments on the Strategic Plan RFQ need to be submitted this week. The EDC discussed progress on the Five Corners and Westgate studies and what the Commission wants to work on during the coming year such as tourism and a development agreement for the post office site. Councilmember Bernheim reported the Port’s Harbor Square Steering Committee continues to review development ideas for Harbor Square. The Port Commissioners are interested in eliminating the perceived artificial ground floor commercial requirement as they are considering a plan that includes ground floor residential. 10. MAYOR'S COMMENTS Mayor Cooper reported on Saturday’s State high school wrestling tournament, offering congratulations to Ryan DeWeese, Edmonds-Woodway High School, who won the State 4A wrestling title, the first State champion from Edmonds-Woodway in the history of the school. Three other Edmonds-Woodway wrestlers placed at State and the team finished in 8th place, the highest ever. He planned to congratulate the team on behalf of the City at their awards banquet. The Edmonds-Woodway High School basketball team is in the State tournament. Mayor Cooper reported Council President Peterson, Councilmember Wilson and he were in Olympia last week and received a good reception from the legislative delegation who are working hard on the citizens behalf to convince the appropriate committee chairs to send capital dollars to Edmonds, recognizing that there are no capital dollars. Representative Liias and Senator Shin are supporting funding for the Main Street project and Representative Moscoso and Senator Shin are supporting the 228th/Hwy 99 realignment project. Both have some limited opportunity to be included in the budget. He invited Councilmembers to communicate with the Chairs of the Transportation and Capital Budget Committees. Mayor Cooper reported the bill to extend the PFD legislation is struggling; he encouraged the House Ways and Means Chair to move the bill forward although he is not inclined to do so because he wants to capture the sales tax credit for budget balancing measures. The public records issue is moving forward in some manner although it is difficult to tell what it will look like. He recommended Councilmembers follow Mr. Doubleday’s weekly updates regarding that matter anticipating the Council may need to take a position on that bill depending on what it becomes. Packet Page 21 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 19 Mayor Cooper reported the local government bailout bill that extends deadlines on buildable lands and stormwater mandates, is moving forward. The requirements are not being changed but the deadlines for compliance may be extended. A proposal to allow cities the ability to form a street utility has turned into a bill that will set up pilot projects in several cities who have expressed interest including Edmonds. Again this is legislation the Council may want to consider because it has gone from a bill that would allow the city to establish a street utility via Council action to legislation that will require a public vote, perhaps a super majority, and only allowed it to happen in a few cities. If those cities do not place the street utility on the ballot in six years, they lose their opportunity to put it on the ballot. He encouraged Councilmembers to email legislators regarding extending the PFD legislation. 11. COUNCIL COMMENTS Councilmember Plunkett thanked Mayor Cooper for the legislative update. With regard to the selection of a City Attorney, Councilmember Plunkett commented it was an accomplishment that Mr. Snyder had been the City’s Attorney for 27 years, approximately 6-7 generations of Councils. In many cities, when the Council, City Manager or Mayor changes, the City Attorney is changed. Mr. Snyder has prevailed through several generations of Councils and 5-6 Mayors. He doubted there was another attorney in the State that had lasted 27 years with one city through so many different City Councils. After working with Mr. Snyder for 15 years, he had a great deal of respect for him and wished he had the opportunity to tell him that personally. Councilmember Buckshnis advised she planned to call Mr. Snyder to wish him the best of luck. Councilmember Buckshnis reported she was notified by WRIA 8 that the deadline to move the Edmonds Marsh cleanup from the 10 year plan to the 3 year plan was February 28. She welcomed the Lighthouse Group and their environmental attorney. Mayor Cooper advised staff had already met the deadline. Councilmember Bernheim advised he voted against the motion to express the Council’s support for the bills to eliminate phosphorous from fertilizer because he did not have any information and he preferred to have it scheduled on the agenda. If it did not pass at the State level, he suggested a local ban. Councilmember Wilson requested consideration of support for HB 1489 and SB 5194 be scheduled on next week’s agenda. He advised the Public Safety & Human Resources Committee is meeting on March 1 at 5:30 p.m. Councilmember Wilson suggested Council President Peterson determine an appropriate method of recognizing Mr. Snyder. He found the vote regarding selection of a City Attorney very difficult. He thinks the world of Mr. Snyder and always found him to be very competent. The rationale for change and opportunity to do things differently and save over $200,000 was worth the risk. He noted the Lighthouse Group had big shoes to fill. Councilmember Petso apologized for missing a PFD meeting this morning. She has relied on the emailed packets to inform her of the date and has been informed that her email is having problems. She also apologized to the public who provided testimony at the last Finance Committee meeting, relaying that she was informed her minutes of a citizens remarks were not sufficiently detailed. In lieu of not allowing public comment, she committed to taking better minutes in the future. Council President Peterson welcomed the Lighthouse Group and looked forward to working with them. He thanked Mayor Cooper and Councilmember Wilson for attending the events in Olympia and special thanks to the legislative delegation for meeting with them. The legislature is working hard in a very difficult situation. Packet Page 22 of 103 Edmonds City Council Draft Minutes February 22, 2011 Page 20 12. ADJOURN With no further business, the Council meeting was adjourned at 10:28 p.m. Packet Page 23 of 103 AM-3764   Item #: 2. C. City Council Meeting Date: 03/01/2011 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 #124040 through #124124 dated February 24, 2011 for $434,357.55. Recommendation from Mayor and Staff Approval of claim 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:434,357.55 Fiscal Impact: Claims $434,357.55 Attachments Claim Checks for 2-24-11 Form Review Inbox Reviewed By Date Finance Lorenzo Hines 02/23/2011 04:32 PM City Clerk Sandy Chase 02/23/2011 04:43 PM Mayor Mike Cooper 02/24/2011 09:38 AM Final Approval Sandy Chase 02/24/2011 02:16 PM Form Started By: Nori Jacobson Started On: 02/23/2011 03:52 PM Final Approval Date: 02/24/2011  Packet Page 24 of 103 02/23/2011 Voucher List City of Edmonds 1 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124040 2/24/2011 065052 AARD PEST CONTROL 291363 1-13992 PEST CONTROL 411.000.656.538.800.410.23 69.00 9.5% Sales Tax 411.000.656.538.800.410.23 6.56 Total :75.56 124041 2/24/2011 061029 ABSOLUTE GRAPHIX 211789 PICKLEBALL SHIRTS PICKLEBALL SHIRTS 001.000.640.575.520.310.00 34.05 9.5% Sales Tax 001.000.640.575.520.310.00 3.23 Total :37.28 124042 2/24/2011 000195 ACCENT DESIGN 1020475 Plaza Rm - Supplies Plaza Rm - Supplies 001.000.651.519.920.310.00 130.80 9.5% Sales Tax 001.000.651.519.920.310.00 12.43 Total :143.23 124043 2/24/2011 073580 ADAMS, WANDA ADAMS0222 REFUND REFUND - SHOULD HAVE HAD SENIOR RATE 001.000.000.239.200.000.00 10.00 Total :10.00 124044 2/24/2011 061540 ALLIED WASTE SERVICES 0197-001308334 FIRE STATION #20 FIRE STATION #20 001.000.651.519.920.470.00 124.16 Public Works Facility0197-001308414 Public Works Facility 001.000.650.519.910.470.00 25.47 Public Works Facility 111.000.653.542.900.470.00 96.77 Public Works Facility 1Page: Packet Page 25 of 103 02/23/2011 Voucher List City of Edmonds 2 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124044 2/24/2011 (Continued)061540 ALLIED WASTE SERVICES 411.000.654.534.800.470.00 96.77 Public Works Facility 411.000.655.535.800.470.00 96.77 Public Works Facility 511.000.657.548.680.470.00 96.77 Public Works Facility 411.000.652.542.900.470.00 96.74 FS 160197-001308480 garbage for F/S #16 001.000.651.519.920.470.00 130.27 MCC GARBAGE0197-001309187 garbage for MCC 001.000.651.519.920.470.00 60.02 Total :823.74 124045 2/24/2011 069829 AMIDO, BENJAMIM AMIDO13704 UKULELE UKULELE #13704 001.000.640.574.200.410.00 287.00 Total :287.00 124046 2/24/2011 064335 ANALYTICAL RESOURCES INC SH46 EDMONDS NPDES SAMPLING 411.000.656.538.800.410.31 130.00 Total :130.00 124047 2/24/2011 069751 ARAMARK 655-5398566 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 25.92 9.5% Sales Tax 001.000.640.576.800.240.00 2.46 Total :28.38 124048 2/24/2011 069751 ARAMARK 655-5398572 21580001 UNIFORMS 411.000.656.538.800.240.00 67.38 2Page: Packet Page 26 of 103 02/23/2011 Voucher List City of Edmonds 3 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124048 2/24/2011 (Continued)069751 ARAMARK 9.5% Sales Tax 411.000.656.538.800.240.00 6.40 Total :73.78 124049 2/24/2011 069751 ARAMARK 655-5366272 FLEET UNIFORM SVC Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 STREET/STORM UNIFORM SVC655-5378552 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FLEET UNIFORM SVC655-5378554 9.5% Sales Tax 511.000.657.548.680.240.00 0.95 Fleet Uniform Svc 511.000.657.548.680.240.00 10.00 FAC MAINT UNIFORM SVC655-5386353 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 PW MATS655-5391041 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 411.000.654.534.800.410.00 3.84 3Page: Packet Page 27 of 103 02/23/2011 Voucher List City of Edmonds 4 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124049 2/24/2011 (Continued)069751 ARAMARK PW MATS 411.000.652.542.900.410.00 3.84 PW MATS 411.000.655.535.800.410.00 3.84 PW MATS 511.000.657.548.680.410.00 3.83 9.5% Sales Tax 001.000.650.519.910.410.00 0.10 9.5% Sales Tax 111.000.653.542.900.410.00 0.37 9.5% Sales Tax 411.000.654.534.800.410.00 0.37 9.5% Sales Tax 411.000.652.542.900.410.00 0.37 9.5% Sales Tax 411.000.655.535.800.410.00 0.37 9.5% Sales Tax 511.000.657.548.680.410.00 0.34 STREET/STORM UNIFORM SVC655-5391042 Street Storm Uniform Svc 111.000.653.542.900.240.00 5.00 Street Storm Uniform Svc 411.000.652.542.900.240.00 5.00 9.5% Sales Tax 111.000.653.542.900.240.00 0.48 9.5% Sales Tax 411.000.652.542.900.240.00 0.47 FAC MAINT UNIFORM SVC655-5398567 Fac Maint Uniform Svc 001.000.651.519.920.240.00 32.17 9.5% Sales Tax 001.000.651.519.920.240.00 3.06 Total :136.38 4Page: Packet Page 28 of 103 02/23/2011 Voucher List City of Edmonds 5 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124050 2/24/2011 064343 AT&T 7303860502001 425-744-6057 PUBLIC WORKS Public Works Fax Line 001.000.650.519.910.420.00 1.91 Public Works Fax Line 111.000.653.542.900.420.00 7.26 Public Works Fax Line 411.000.654.534.800.420.00 7.26 Public Works Fax Line 411.000.655.535.800.420.00 7.26 Public Works Fax Line 511.000.657.548.680.420.00 7.26 Public Works Fax Line 411.000.652.542.900.420.00 7.26 Total :38.21 124051 2/24/2011 001702 AWC EMPLOY BENEFIT TRUST March 2011 AWC MARCH 2011 AWC PREMIUMS Fire Pension Premiums 617.000.510.522.200.290.00 4,517.25 Retirees AWC Premiums 009.000.390.517.370.230.00 28,112.55 March 2011 AWC Premiums 811.000.000.231.510.000.00 285,220.34 Total :317,850.14 124052 2/24/2011 002500 BLUMENTHAL UNIFORM CO INC 798452-01 INV#798452-01 - EDMONDS PD - BLACKHAWK BELT ACCESS. PISTOL MAG 001.000.410.521.220.240.00 36.00 9.5% Sales Tax 001.000.410.521.220.240.00 5.41 BELT ACCESS. RADIO HOLDER 001.000.410.521.220.240.00 20.95 Total :62.36 124053 2/24/2011 071510 BUCK, ALICIA BUCK13594 ART FOR KIDZ ART FOR KIDZ - ART CAMP #13594 001.000.640.574.200.410.00 315.00 5Page: Packet Page 29 of 103 02/23/2011 Voucher List City of Edmonds 6 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :315.00124053 2/24/2011 071510 071510 BUCK, ALICIA 124054 2/24/2011 072571 BUILDERS EXCHANGE 1024693.E0IA E0IA.PROJECT POSTING FOR BIDS E0IA.Project Posting for Bids 412.100.630.594.320.410.00 50.25 Total :50.25 124055 2/24/2011 003001 BUILDERS SAND & GRAVEL 293026 Water/Sewer/Street - Crushed Rock Water/Sewer/Street - Crushed Rock 111.000.653.542.310.310.00 940.28 9.5% Sales Tax 111.000.653.542.310.310.00 89.33 Water/Sewer/Street - Crushed Rock 411.000.654.534.800.310.00 940.28 Water/Sewer/Street - Crushed Rock 411.000.655.535.800.310.00 940.32 9.5% Sales Tax 411.000.654.534.800.310.00 89.33 9.5% Sales Tax 411.000.655.535.800.310.00 89.32 Total :3,088.86 124056 2/24/2011 072717 CALVIN JORDAN ASSOC INC 201018.1 Sr Center - Prof Svcs - Roof Repairs Sr Center - Prof Svcs - Roof Repairs 116.000.651.519.920.410.00 9,272.00 Total :9,272.00 124057 2/24/2011 004095 COASTWIDE LABS CW2250514 Recycle - Return Untouchables Recycle - Return Untouchables 411.000.654.537.900.490.00 -22.10 9.5% Sales Tax 411.000.654.537.900.490.00 -3.50 Recycle - Restock fee refundCW2250514-1 Recycle - Restock fee refund 411.000.654.537.900.490.00 -14.74 Recycle - Untouchables RefundedCW2250514A 6Page: Packet Page 30 of 103 02/23/2011 Voucher List City of Edmonds 7 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124057 2/24/2011 (Continued)004095 COASTWIDE LABS Recycle - Untouchables Refunded 411.000.654.537.900.490.00 -44.50 9.5% Sales Tax 411.000.654.537.900.490.00 -4.23 Recycle - Untouchables, Slim Jim BottleW2250514A Recycle - Untouchables, Slim Jim Bottle 411.000.654.537.900.490.00 96.66 9.5% Sales Tax 411.000.654.537.900.490.00 9.18 Fac Maint - Rolled TowelsW2277203-1 Fac Maint - Rolled Towels 001.000.651.519.920.310.00 92.49 9.5% Sales Tax 001.000.651.519.920.310.00 8.79 Fac Maint - Cleaner, TT, TowelsW2279853 Fac Maint - Cleaner, TT, Towels 001.000.651.519.920.310.00 465.55 9.5% Sales Tax 001.000.651.519.920.310.00 44.23 Fac Maint - CleanerW2279853-1 Fac Maint - Cleaner 001.000.651.519.920.310.00 44.71 9.5% Sales Tax 001.000.651.519.920.310.00 4.25 Fac Maint - Brooms, Cleaners, MagicW2282861 Fac Maint - Brooms, Cleaners, Magic 001.000.651.519.920.310.00 472.60 9.5% Sales Tax 001.000.651.519.920.310.00 44.90 Fac Maint - Broom HandelsW2282861-1 Fac Maint - Broom Handels 001.000.651.519.920.310.00 24.58 9.5% Sales Tax 001.000.651.519.920.310.00 2.34 7Page: Packet Page 31 of 103 02/23/2011 Voucher List City of Edmonds 8 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :1,221.21124057 2/24/2011 004095 004095 COASTWIDE LABS 124058 2/24/2011 068161 COSCO FIRE PROTECTION INC 1000141037 PS - 2011 Annual Monitoring Fees PS - 2011 Annual Monitoring Fees 001.000.651.519.920.480.00 393.25 Total :393.25 124059 2/24/2011 006200 DAILY JOURNAL OF COMMERCE 3245044 E7AC.228TH ST SW.RFQ ADVERTISEMENT E7AC.228th St. SW.RFQ Advertisement 112.200.630.595.440.410.00 403.20 E0IA.ADVERTISEMENT FOR BIDS3245144 E0IA.Advertisement for bids 412.100.630.594.320.410.00 363.60 E7AC.228TH ST. SW.ADDENDUM #1 TO RFQ AD3245368 E7AC.228th St. SW.Addendum #1 to RFQ 112.200.630.595.440.410.00 60.00 Total :826.80 124060 2/24/2011 046150 DEPARTMENT OF LABOR & INDUSTRY 121270 City Hall - Annual Fees City Hall - Annual Fees 001.000.651.519.920.490.00 131.00 Total :131.00 124061 2/24/2011 070230 DEPARTMENT OF LICENSING 1/26/11 - 2/23/11 STATE SHARE OF CONCEALED PISTOL State Share of Concealed Pistol 001.000.000.237.190.000.00 255.00 Total :255.00 124062 2/24/2011 006626 DEPT OF ECOLOGY 2011-WAR124705 E2DB.STORMWATER CONSTRUCTION PERMIT E2DB.Stormwater Contruction Permit Fees 125.000.640.594.750.410.00 274.73 Total :274.73 124063 2/24/2011 064531 DINES, JEANNIE 11-3179 MINUTE TAKING Council Minutes 2/15/11 001.000.250.514.300.410.00 213.00 8Page: Packet Page 32 of 103 02/23/2011 Voucher List City of Edmonds 9 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :213.00124063 2/24/2011 064531 064531 DINES, JEANNIE 124064 2/24/2011 064531 DINES, JEANNIE 11-3177 Minutes for 2/4-5/2011 Edmonds City Minutes for 2/4-5/2011 Edmonds City 001.000.110.511.100.410.00 537.00 Total :537.00 124065 2/24/2011 007675 EDMONDS AUTO PARTS 31634 UNDERCOAT UNDERCOAT 001.000.640.576.800.310.00 15.98 9.5% Sales Tax 001.000.640.576.800.310.00 1.52 Total :17.50 124066 2/24/2011 069523 EDMONDS P&R YOUTH SCHOLARSHIP KNAUSS0222 YOUTH SCHOLARSHIP YOUTH SCHOLARSHIP: LUKE KNAUSS 122.000.640.574.100.490.00 75.00 Total :75.00 124067 2/24/2011 008705 EDMONDS WATER DIVISION 1-00575 CITY PARK CITY PARK 001.000.640.576.800.470.00 66.65 BRACKETT'S LANDING RESTROOM1-00825 BRACKETT'S LANDING RESTROOM 001.000.640.576.800.470.00 405.98 SPRINKLER1-00875 SPRINKLER 001.000.640.576.800.470.00 27.50 CITY PARK SPRINKLER METER1-02125 CITY PARK SPRINKLER METER 001.000.640.576.800.470.00 27.50 SPRINKLER1-03900 SPRINKLER 001.000.640.576.800.470.00 27.50 SPRINKLER1-05125 SPRINKLER 9Page: Packet Page 33 of 103 02/23/2011 Voucher List City of Edmonds 10 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124067 2/24/2011 (Continued)008705 EDMONDS WATER DIVISION 001.000.640.576.800.470.00 27.50 GAZEBO IRRIGATION1-05285 GAZEBO IRRIGATION 001.000.640.576.800.470.00 27.50 CORNER PARK1-05340 CORNER PARK 001.000.640.576.800.470.00 27.50 EDMONDS CITY PARK1-05650 EDMONDS CITY PARK 001.000.640.576.800.470.00 27.50 PARKS MAINTENANCE SHOP1-05675 PARKS MAINTENANCE SHOP 001.000.640.576.800.470.00 540.59 EDMONDS CITY PARK1-05700 EDMONDS CITY PARK 001.000.640.576.800.470.00 27.50 CORNER PARK1-09650 CORNER PARK 001.000.640.576.800.470.00 27.50 SW CORNER SPRINKLER1-09800 SW CORNER SPRINKLER 001.000.640.576.800.470.00 27.50 PLANTER1-10780 PLANTER 001.000.640.576.800.470.00 27.50 CORNER PLANTER ON 5TH1-16130 CORNER PLANTER ON 5TH 001.000.640.576.800.470.00 27.50 CORNER PARKS1-16300 CORNER PARKS 001.000.640.576.800.470.00 27.50 118 5TH AVE N1-16420 118 5TH AVE N 001.000.640.576.800.470.00 27.50 CITY HALL TRIANGLE1-16450 10Page: Packet Page 34 of 103 02/23/2011 Voucher List City of Edmonds 11 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124067 2/24/2011 (Continued)008705 EDMONDS WATER DIVISION CITY HALL TRIANGLE 001.000.640.576.800.470.00 32.84 6TH & MAIN PLANTER BOX1-16630 6TH & MAIN PLANTER BOX 001.000.640.576.800.470.00 27.50 5TH & DAYTON ST PLANTER1-17475 5TH & DAYTON ST PLANTER 001.000.640.576.800.470.00 27.50 PINE STREE PLAYFIELD1-19950 PINE STREE PLAYFIELD 001.000.640.576.800.470.00 55.86 1141 9TH AVE S1-36255 1141 9TH AVE S 001.000.640.576.800.470.00 27.50 Total :1,569.42 124068 2/24/2011 008705 EDMONDS WATER DIVISION 4-34080 LIFT STATION #14 LIFT STATION #14 411.000.655.535.800.470.00 29.87 Total :29.87 124069 2/24/2011 009815 FERGUSON ENTERPRISES INC 1973665 FS 20 - Supplies FS 20 - Supplies 001.000.651.519.920.310.00 18.67 9.5% Sales Tax 001.000.651.519.920.310.00 1.77 Total :20.44 124070 2/24/2011 072493 FIRSTLINE COMMUNICATIONS INC 123173 PD NETWORK JACKS Police department new network jacks 001.000.410.521.220.480.00 409.16 Police department new network jacks 001.000.310.518.880.480.00 409.16 9.5% Sales Tax 001.000.410.521.220.480.00 38.87 11Page: Packet Page 35 of 103 02/23/2011 Voucher List City of Edmonds 12 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124070 2/24/2011 (Continued)072493 FIRSTLINE COMMUNICATIONS INC 9.5% Sales Tax 001.000.310.518.880.480.00 38.87 Total :896.06 124071 2/24/2011 011900 FRONTIER 425-712-0423 03 0260 1032797592 07 AFTER HOURS PHONE 411.000.656.538.800.420.00 61.85 Total :61.85 124072 2/24/2011 011900 FRONTIER 425-745-4313 MEADOWDALE CLUB HOUSE FIRE ALARM LINE Meadowdale Club House Fire Alarm Line 001.000.651.519.920.420.00 103.53 Total :103.53 124073 2/24/2011 071945 GILL-ROSE, SUE ROSE13255 WATERCOLOR & DRAWING CLASSES WATERCOLOR #13255 001.000.640.574.200.410.00 431.20 DRAWING #13251 001.000.640.574.200.410.00 492.80 Total :924.00 124074 2/24/2011 012190 GORSUCH, BRUCE GORSUCH13658 GENEOLOGY CLASS I'M RELATED TO WHO? #13658 001.000.640.574.200.410.00 90.00 Total :90.00 124075 2/24/2011 012199 GRAINGER 9462937351 CABLE CABLE 001.000.640.576.800.310.00 142.65 9.5% Sales Tax 001.000.640.576.800.310.00 13.55 Total :156.20 124076 2/24/2011 012199 GRAINGER 9453699671 Fac Maint - Bin Boxes Fac Maint - Bin Boxes 001.000.651.519.920.310.00 23.75 12Page: Packet Page 36 of 103 02/23/2011 Voucher List City of Edmonds 13 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124076 2/24/2011 (Continued)012199 GRAINGER 9.2% Sales Tax 001.000.651.519.920.310.00 2.20 Total :25.95 124077 2/24/2011 073437 GRATING PACIFIC LLC 0098692-IN 04-COEWW PERFORATED METALS 411.000.656.538.800.310.21 953.00 9.5% Sales Tax 411.000.656.538.800.310.21 90.54 Total :1,043.54 124078 2/24/2011 012560 HACH COMPANY 7113909 112830 GLASS FILTER FBR 411.000.656.538.800.310.31 267.75 Freight 411.000.656.538.800.310.31 26.95 9.5% Sales Tax 411.000.656.538.800.310.31 28.00 Total :322.70 124079 2/24/2011 067862 HOME DEPOT CREDIT SERVICES 1034827 FAC - EXT Tube FAC - EXT Tube 001.000.651.519.920.310.00 2.24 9.5% Sales Tax 001.000.651.519.920.310.00 0.21 FAC - Supplies1043990 FAC - Supplies 001.000.651.519.920.310.00 1.79 9.5% Sales Tax 001.000.651.519.920.310.00 0.17 Fac Maint - Shop Supplies1047493 Fac Maint - Shop Supplies 001.000.651.519.920.310.00 19.95 9.5% Sales Tax 001.000.651.519.920.310.00 1.90 13Page: Packet Page 37 of 103 02/23/2011 Voucher List City of Edmonds 14 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124079 2/24/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES City Hall - Supplies2034678 City Hall - Supplies 001.000.651.519.920.310.00 10.19 9.5% Sales Tax 001.000.651.519.920.310.00 0.97 Fac Maint - Shop Supplies24015 Fac Maint - Shop Supplies 001.000.651.519.920.310.00 43.84 9.5% Sales Tax 001.000.651.519.920.310.00 4.16 Fac Maint - Nozzle Supplies281115 Fac Maint - Nozzle Supplies 001.000.651.519.920.310.00 35.91 9.5% Sales Tax 001.000.651.519.920.310.00 3.41 Fac Maint Unit 26 - Supplies3045322 Fac Maint Unit 26 - Supplies 001.000.651.519.920.310.00 74.95 9.5% Sales Tax 001.000.651.519.920.310.00 7.12 FS 20 - Supplies4034307 FS 20 - Supplies 001.000.651.519.920.310.00 20.21 9.5% Sales Tax 001.000.651.519.920.310.00 1.92 Fac Maint Shop - Supplies4045138 Fac Maint Shop - Supplies 001.000.651.519.920.310.00 59.88 9.5% Sales Tax 001.000.651.519.920.310.00 5.69 Fac Mant - Shop Paint Supplies4045230 Fac Mant - Shop Paint Supplies 001.000.651.519.920.310.00 24.93 9.5% Sales Tax 14Page: Packet Page 38 of 103 02/23/2011 Voucher List City of Edmonds 15 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124079 2/24/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 001.000.651.519.920.310.00 2.37 Fac Maint Unit 5 - Supplies4046943 Fac Maint Unit 5 - Supplies 001.000.651.519.920.310.00 44.97 9.5% Sales Tax 001.000.651.519.920.310.00 4.27 Unit 106 - Pipe4593753 Unit 106 - Pipe 511.000.657.548.680.310.00 12.18 9.5% Sales Tax 511.000.657.548.680.310.00 1.16 Fac Maint - Shop Supplies47563 Fac Maint - Shop Supplies 001.000.651.519.920.310.00 47.81 9.5% Sales Tax 001.000.651.519.920.310.00 4.54 Fac Maint - Drawer Pulls, and Slides47641 Fac Maint - Drawer Pulls, and Slides 001.000.651.519.920.310.00 174.40 9.5% Sales Tax 001.000.651.519.920.310.00 16.57 PW - Supplies5035725 PW - Supplies 001.000.651.519.920.310.00 13.15 9.5% Sales Tax 001.000.651.519.920.310.00 1.25 Water Supplies5062567 Water Supplies 411.000.654.534.800.310.00 155.85 9.5% Sales Tax 411.000.654.534.800.310.00 14.81 City Hall - Supplies5080220 City Hall - Supplies 001.000.651.519.920.310.00 37.90 15Page: Packet Page 39 of 103 02/23/2011 Voucher List City of Edmonds 16 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124079 2/24/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 9.5% Sales Tax 001.000.651.519.920.310.00 3.60 Fac Maint Shop - Supplies5281204 Fac Maint Shop - Supplies 001.000.651.519.920.310.00 28.42 9.5% Sales Tax 001.000.651.519.920.310.00 2.70 Fac Maint - Bucket, Tile Bit7035363 Fac Maint - Bucket, Tile Bit 001.000.651.519.920.310.00 8.95 9.5% Sales Tax 001.000.651.519.920.310.00 0.85 Fac Maint - Shop and Truck Supplies7042962 Fac Maint - Shop and Truck Supplies 001.000.651.519.920.310.00 181.65 9.5% Sales Tax 001.000.651.519.920.310.00 17.26 FAC - Plumbing Supplies7046265 FAC - Plumbing Supplies 001.000.651.519.920.310.00 60.54 9.5% Sales Tax 001.000.651.519.920.310.00 5.75 City Park Shop - Drawer Slides8044627 City Park Shop - Drawer Slides 001.000.651.519.920.310.00 26.96 9.5% Sales Tax 001.000.651.519.920.310.00 2.56 Water Supplies - Shovels, Spray Paint8089748 Water Supplies - Shovels, Spray Paint 411.000.654.534.800.310.00 146.24 9.5% Sales Tax 411.000.654.534.800.310.00 13.89 Traffic Control - Drill Bits for Truck8566342 Traffic Control - Drill Bits for Truck 16Page: Packet Page 40 of 103 02/23/2011 Voucher List City of Edmonds 17 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124079 2/24/2011 (Continued)067862 HOME DEPOT CREDIT SERVICES 111.000.653.542.640.310.00 23.91 9.5% Sales Tax 111.000.653.542.640.310.00 2.27 FS 20 - Plumbing Supplies9036495 FS 20 - Plumbing Supplies 001.000.651.519.920.310.00 5.52 9.5% Sales Tax 001.000.651.519.920.310.00 0.52 Sewer - Caulk9089486 Sewer - Caulk 411.000.655.535.800.310.00 19.97 9.5% Sales Tax 411.000.655.535.800.310.00 1.90 Total :1,404.13 124080 2/24/2011 073539 HORTIN, DOUGLAS D E2DB.TempCnst.7.Pmt2 E2DB.TEMP CONST EASEMENT.HORTIN.PMT 2 E2DB.Temp Construction Easement.Hortin. 125.000.640.594.750.410.00 717.42 Total :717.42 124081 2/24/2011 070042 IKON 84244053 INV#84244053 ACCT#467070-1005305A3 COPIER RENTAL 2/13-3/12/11 001.000.410.521.100.450.00 340.00 ADDITIONAL IMAGES 1/3/-2/2-11 001.000.410.521.100.450.00 150.84 9.5% Sales Tax 001.000.410.521.100.450.00 46.64 Total :537.48 124082 2/24/2011 071634 INTEGRA TELECOM 7943071 C/A 768328 PR1-1 & 2 City Phone Service 001.000.310.518.880.420.00 1,838.93 Tourism Toll free lines 877.775.6929; 001.000.240.513.110.420.00 0.17 Econ Devlpmnt Toll free lines 17Page: Packet Page 41 of 103 02/23/2011 Voucher List City of Edmonds 18 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124082 2/24/2011 (Continued)071634 INTEGRA TELECOM 001.000.240.513.110.420.00 0.61 Total :1,839.71 124083 2/24/2011 073469 KIPPER, SANDRA KIPPER13372 NURTURING PATHWAYS NUTURING PATHWAYS CREATIVE MOVEMENT 001.000.640.574.200.410.00 280.80 Total :280.80 124084 2/24/2011 016850 KUKER RANKEN INC 369137-001 MEASURING WHEEL 4' MEASURING WHEEL 001.000.640.576.800.310.00 162.99 9.5% Sales Tax 001.000.640.576.800.310.00 15.48 Total :178.47 124085 2/24/2011 017050 KWICK'N KLEEN CAR WASH 02142011-01 INV#02142011-01 EDMONDS PD 36 CAR WASHES @ $5.03 - 01/11 001.000.410.521.220.480.00 181.08 Total :181.08 124086 2/24/2011 068711 LAWN EQUIPMENT SUPPLY 2011-211 ENGINE OIL ENGINE OIL 001.000.640.576.800.310.00 97.50 Freight 001.000.640.576.800.310.00 8.02 9.5% Sales Tax 001.000.640.576.800.310.00 10.02 Total :115.54 124087 2/24/2011 070959 MAINTSTAR INC 20 ANNUAL SUPPORT ANNUAL SUPPORT 411.000.656.538.800.410.11 1,747.00 Total :1,747.00 124088 2/24/2011 020039 MCMASTER-CARR SUPPLY CO 77054637 123106800 STEEL HOSE/PIPE FITTINGS/TUBE FITTINGS 18Page: Packet Page 42 of 103 02/23/2011 Voucher List City of Edmonds 19 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124088 2/24/2011 (Continued)020039 MCMASTER-CARR SUPPLY CO 411.000.656.538.800.310.21 424.30 Freight 411.000.656.538.800.310.21 10.94 12310680077140254 STEEL WIRE/BOLT ANCHOR 411.000.656.538.800.310.21 335.18 Freight 411.000.656.538.800.310.21 10.41 12310680077318099 SAW BLADE/STEEL SQUARE TUBE 411.000.656.538.800.310.21 164.94 Freight 411.000.656.538.800.310.21 29.80 12310680077321980 ENCLOSURE PANEL 411.000.656.538.800.310.21 71.06 Freight 411.000.656.538.800.310.21 5.17 Total :1,051.80 124089 2/24/2011 072010 MEISER, GARLAND MEISER0222 PICKLE BALL LEAGUE SUPERVISOR PICKLEBALL LEAGUE SUPERVISOR @ ANDERSON 001.000.640.575.520.410.00 96.00 Total :96.00 124090 2/24/2011 024960 NORTH COAST ELECTRIC COMPANY S3801519.002 2091 ELECTRICAL WIRE 411.000.656.538.800.310.22 159.10 9.2% Sales Tax 411.000.656.538.800.310.22 14.64 2091S3825183.001 PHTO CONTROL 411.000.656.538.800.310.22 10.43 9.2% Sales Tax 411.000.656.538.800.310.22 0.96 19Page: Packet Page 43 of 103 02/23/2011 Voucher List City of Edmonds 20 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :185.13124090 2/24/2011 024960 024960 NORTH COAST ELECTRIC COMPANY 124091 2/24/2011 061013 NORTHWEST CASCADE INC 1-252530 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: CIVIC CENTER 001.000.640.576.800.450.00 189.87 HONEY BUCKET RENTAL1-253477 HONEY BUCKET RENTAL: HAINES WHARF PARK 001.000.640.576.800.450.00 137.20 Total :327.07 124092 2/24/2011 073575 NORTHWEST PLUMBING CO INC BLD2011.0063 Overpayment of permit Overpayment of permit 001.000.000.257.620.000.00 19.00 Total :19.00 124093 2/24/2011 025690 NOYES, KARIN 000 00 189 HPC Minute taker 1/13/11 HPC Minute taker 1/13/11 001.000.620.558.600.410.00 128.00 PB Minutes 2/9/11000 00 193 PB Minutes 2/9/11 001.000.620.558.600.410.00 192.00 ADB Minutes 2/16/11000 00 194 ADB Minutes 2/16/11 001.000.620.558.600.410.00 192.00 Total :512.00 124094 2/24/2011 063511 OFFICE MAX INC 732979 Water Quality - Toner Water Quality - Toner 411.000.654.534.800.310.00 83.25 9.5% Sales Tax 411.000.654.534.800.310.00 7.91 PW Admin Office Supplies774164 PW Admin Office Supplies 001.000.650.519.910.310.00 99.22 9.5% Sales Tax 001.000.650.519.910.310.00 9.43 20Page: Packet Page 44 of 103 02/23/2011 Voucher List City of Edmonds 21 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124094 2/24/2011 (Continued)063511 OFFICE MAX INC Street - Ink872006 Street - Ink 111.000.653.542.900.310.00 54.10 9.5% Sales Tax 111.000.653.542.900.310.00 5.15 Total :259.06 124095 2/24/2011 025889 OGDEN MURPHY AND WALLACE 689333 Council/Legislative Legal Fees for 1/11 Council/Legislative Legal Fees for 1/11 001.000.110.511.100.410.00 4,428.80 Total :4,428.80 124096 2/24/2011 071402 PACIFIC NW FLOAT TRIPS PACNWFLOAT13503 SKAGIT RIVER ESTUARY BIRDING ADVENTURE SKAGIT RIVER ESTUARY BIRDING ADVENTURE 001.000.640.574.200.410.00 246.94 Total :246.94 124097 2/24/2011 071020 PALADA, RANDY 101881767 2397 UNIFORM/PALADA 411.000.656.538.800.240.00 350.00 Total :350.00 124098 2/24/2011 073578 PETERSON, MARY PETERSON13274 ALTERED BOOKS ALTERED BOOKS #13274 001.000.640.574.200.410.00 180.00 Total :180.00 124099 2/24/2011 065579 QUIKSIGN 58876 Sign Install - Eng (PLN 2010.0078) Sign Install - Eng (PLN 2010.0078) 001.000.620.558.600.410.11 185.06 Install sign-Woodhaven Vet58919 Install sign-Woodhaven Vet 001.000.620.558.600.410.11 185.06 Total :370.12 124100 2/24/2011 073567 RF VALVES, INC 4020167 TRAY COOLER VALVES 21Page: Packet Page 45 of 103 02/23/2011 Voucher List City of Edmonds 22 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124100 2/24/2011 (Continued)073567 RF VALVES, INC TRAY COOLER VALVES 411.000.656.538.800.310.21 2,558.25 Freight 411.000.656.538.800.310.21 39.16 Total :2,597.41 124101 2/24/2011 073443 ROHDE, DAVID 11 PW (STORM, ENGINEERING) GIS ANALYST PW (Storm, Engineering) GIS Analyst 412.200.630.594.320.410.00 324.50 City Wide GIS 001.000.310.518.880.410.00 855.50 Water 411.000.654.534.800.410.00 177.00 Sewer 411.000.655.535.800.410.00 354.00 Total :1,711.00 124102 2/24/2011 073574 SERVICE PLUMBING & HEATING BLD 2011.0106 Bld permit refund contractor did not Bld permit refund contractor did not 001.000.000.257.620.000.00 65.00 Total :65.00 124103 2/24/2011 060889 SNAP-ON INDUSTRIAL ARV/13897123 Fleet- Shop - Small Tools Fleet- Shop - Small Tools 511.000.657.548.680.350.00 529.87 9.5% Sales Tax 511.000.657.548.680.350.00 50.34 Total :580.21 124104 2/24/2011 073572 SNO CO MASTER GARDENER FOUND 13568 GROW YOUR OWN FRUITS & VEGETABLES GROW YOUR OWN FRUITS & VEGETABLES 001.000.640.574.200.410.00 172.80 Total :172.80 124105 2/24/2011 037330 SNO CO PLANNING & DEVLP SERV I000267458 2011 SNO CO TOMORROW DUES 22Page: Packet Page 46 of 103 02/23/2011 Voucher List City of Edmonds 23 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124105 2/24/2011 (Continued)037330 SNO CO PLANNING & DEVLP SERV 2011 Sno Co Tomorrow Dues 001.000.390.519.900.490.00 6,743.00 Total :6,743.00 124106 2/24/2011 037375 SNO CO PUD NO 1 2002-6027-1 9537 BOWDOIN WAY 9537 BOWDOIN WAY/YOST POOL 001.000.640.576.800.470.00 778.32 Total :778.32 124107 2/24/2011 037375 SNO CO PUD NO 1 126938790 2030-9778-7 WWTP ELECTRICITY 411.000.656.538.800.471.61 33,098.85 Total :33,098.85 124108 2/24/2011 037375 SNO CO PUD NO 1 200202547 SIGNAL LIGHT 21930 95TH AVE W SIGNAL LIGHT 21930 95th AVE W 111.000.653.542.640.470.00 31.04 fire station # 16200398956 fire station # 16 001.000.651.519.920.470.00 1,685.00 LIFT STATION #9200611317 LIFT STATION #9 411.000.655.535.800.470.00 194.59 SCHOOL FLASHING LIGHT 8400 219TH ST SW201151412 School Flashing Light 8400 219th St SW 111.000.653.542.640.470.00 31.04 LIBRARY201551744 LIBRARY 001.000.651.519.920.470.00 2,829.06 Public Works201942489 Public Works 001.000.650.519.910.470.00 106.98 Public Works 111.000.653.542.900.470.00 406.51 Public Works 23Page: Packet Page 47 of 103 02/23/2011 Voucher List City of Edmonds 24 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124108 2/24/2011 (Continued)037375 SNO CO PUD NO 1 411.000.654.534.800.470.00 406.51 Public Works 411.000.655.535.800.470.00 406.51 Public Works 511.000.657.548.680.470.00 406.51 Public Works 411.000.652.542.900.470.00 406.52 PUBLIC SAFETY COMPLEX202291662 PUBLIC SAFETY COMPLEX 001.000.651.519.920.470.00 5,099.71 TRAFFIC LIGHT 8602 188TH ST SW202427803 TRAFFIC LIGHT 111.000.653.542.640.470.00 30.02 CITY HALL202439246 CITY HALL 001.000.651.519.920.470.00 3,081.42 FIVE CORNERS WATER TOWER203652151 Five Corners Water Tower 411.000.654.534.800.470.00 590.26 Total :15,711.68 124109 2/24/2011 037800 SNOHOMISH HEALTH DISTRICT 13111 Services Street/Storm - HEP A/B, TDAP Street/Storm - HEP A/B, TDAP 111.000.653.542.900.410.00 209.00 Street/Storm - HEP A/B, TDAP 411.000.652.542.900.410.00 209.00 Total :418.00 124110 2/24/2011 038100 SNO-KING STAMP 47123 INV#47123 - EDMONDS PD SELF INKING STAMP "JUVENILE" 001.000.410.521.220.310.00 15.09 Freight 001.000.410.521.220.310.00 2.50 9.5% Sales Tax 001.000.410.521.220.310.00 1.67 24Page: Packet Page 48 of 103 02/23/2011 Voucher List City of Edmonds 25 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :19.26124110 2/24/2011 038100 038100 SNO-KING STAMP 124111 2/24/2011 038300 SOUND DISPOSAL CO 2152011 ASH DISPOSAL ASH DISPOSAL 411.000.656.538.800.474.65 4,614.62 Total :4,614.62 124112 2/24/2011 038410 SOUND SAFETY PRODUCTS 4179731-01 0366 UNIFORM/NORDQUIST 411.000.656.538.800.240.00 255.30 9.5% Sales Tax 411.000.656.538.800.240.00 24.25 02834179951-01 UNIFORM/NORDQUIST 411.000.656.538.800.240.00 63.85 9.5% Sales Tax 411.000.656.538.800.240.00 6.60 Total :350.00 124113 2/24/2011 040430 STONEWAY ELECTRIC SUPPLY 2424172 PW - Elect Supplies PW - Elect Supplies 001.000.651.519.920.310.00 117.86 9.5% Sales Tax 001.000.651.519.920.310.00 11.20 PS & FS 20 - Elect Supplies2427537 PS & FS 20 - Elect Supplies 001.000.651.519.920.310.00 229.42 9.5% Sales Tax 001.000.651.519.920.310.00 21.79 PS - Elect Supplies2427538 PS - Elect Supplies 001.000.651.519.920.310.00 14.78 9.5% Sales Tax 001.000.651.519.920.310.00 1.40 Total :396.45 25Page: Packet Page 49 of 103 02/23/2011 Voucher List City of Edmonds 26 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124114 2/24/2011 072555 SYSTEMS DESIGN ED0211 JAN-11 POSTAGE FOR EMS TRANSPORT STMTS EMS Billing Services-Postage Private 001.000.510.526.100.420.00 2.64 Total :2.64 124115 2/24/2011 040917 TACOMA SCREW PRODUCTS INC 18927477 Fac Maint - Supplies Fac Maint - Supplies 001.000.651.519.920.310.00 32.45 9.5% Sales Tax 001.000.651.519.920.310.00 3.08 Total :35.53 124116 2/24/2011 009350 THE DAILY HERALD COMPANY 1014161312011 E0IA.ADVERTISEMENT FOR BIDS E0IA.Advertisement for bids 412.100.630.594.320.410.00 186.00 Total :186.00 124117 2/24/2011 038315 THYSSENKRUPP ELEVATOR 195586 Sr Center - Install Oil Lubrication Sr Center - Install Oil Lubrication 001.000.651.519.920.480.00 2,191.00 9.5% Sales Tax 001.000.651.519.920.480.00 208.16 Total :2,399.16 124118 2/24/2011 073581 TRUAX, KAILEY TRUAX0222 MONITOR TRAINING MONITOR TRAINING 001.000.640.574.100.410.00 12.00 Total :12.00 124119 2/24/2011 062693 US BANK 4675 CREDIT CARD TRANSACTIONS 6 X 4 POSTCARDS 117.100.640.573.100.410.00 151.11 ART SUPPLIES 117.100.640.573.100.310.00 41.04 EASTER CANDY 001.000.640.574.200.310.00 240.00 26Page: Packet Page 50 of 103 02/23/2011 Voucher List City of Edmonds 27 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124119 2/24/2011 (Continued)062693 US BANK DISPLAY AD 123.000.640.573.100.440.00 1,150.00 BOOKS FOR PRESCHOOL 001.000.640.575.560.310.00 15.51 PRESCHOOL CLASSROOM SUPPLIES 001.000.640.575.560.310.00 59.21 BACKORDER - SEEDS 001.000.640.576.800.310.00 2.99 ADMISSION FOR 7 EMPLOYEES OF PARKS 001.000.640.576.800.490.00 119.00 PLANTS FOR FLOWER PROGRAM 001.000.640.576.810.310.00 253.07 EGG HUNT SUPPLIES 001.000.640.574.200.310.00 84.10 PLANTS 001.000.640.576.810.310.00 26.90 Total :2,142.93 124120 2/24/2011 062693 US BANK 3405 L&I - Electrical Permit for PW L&I - Electrical Permit for PW 001.000.651.519.920.490.00 38.20 Best Buy - PW Replacement TV 111.000.653.542.310.310.00 788.40 Best Buy - PW Replacement TV 411.000.654.534.800.310.00 394.20 Best Buy - PW Replacement TV 411.000.655.535.800.310.00 394.19 Monoprice Inc - Installation Supplies 111.000.653.542.310.310.00 31.04 Monoprice Inc - Installation Supplies 411.000.654.534.800.310.00 15.52 Monoprice Inc - Installation Supplies 411.000.655.535.800.310.00 15.51 Multi Products - PW Wall Bracket 27Page: Packet Page 51 of 103 02/23/2011 Voucher List City of Edmonds 28 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124120 2/24/2011 (Continued)062693 US BANK 001.000.651.519.920.310.00 185.00 Guardian Sec - Old Public Works Security 001.000.651.519.920.480.00 55.00 ASCO Power - Sewer LS 9 Elect Switch3546 ASCO Power - Sewer LS 9 Elect Switch 411.000.655.535.800.310.00 1,087.66 USPS - CamCal Inc Return by Fleet 511.000.657.548.680.420.00 4.75 Total :3,009.47 124121 2/24/2011 044960 UTILITIES UNDERGROUND LOC CTR 1010114 utility locates for Jan 2011 utility locates for Jan 2011 411.000.654.534.800.410.00 46.42 utility locates for Jan 2011 411.000.655.535.800.410.00 46.42 utility locates for Jan 2011 411.000.652.542.900.410.00 47.81 Total :140.65 124122 2/24/2011 067865 VERIZON WIRELESS 0949798295 C/A 671247844-00001 Cell Service-Bldg 001.000.620.524.100.420.00 121.57 Cell Service-Eng 001.000.620.532.200.420.00 145.28 Cell Service Fac-Maint 001.000.651.519.920.420.00 119.72 Cell Service-Parks Discovery Program 001.000.640.574.350.420.00 13.36 Cell Service Parks Maint 001.000.640.576.800.420.00 60.63 Cell Service-PD 001.000.410.521.220.420.00 475.10 Cell Service-Planning 001.000.620.558.600.420.00 26.72 Cell Service-PW Street 28Page: Packet Page 52 of 103 02/23/2011 Voucher List City of Edmonds 29 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124122 2/24/2011 (Continued)067865 VERIZON WIRELESS 111.000.653.542.900.420.00 26.77 Cell Service-PW Storm 411.000.652.542.900.420.00 27.24 Cell Service-PW Water/Sewer 411.000.655.535.800.420.00 40.28 Cell Service-PW Water/Sewer 411.000.654.534.800.420.00 40.28 Cell Service-PW Fleet 511.000.657.548.680.420.00 13.36 Cell Service-WWTP 411.000.656.538.800.420.00 40.08 Total :1,150.39 124123 2/24/2011 072634 WHISTLE WORKWEAR E66352 000040000120 UNIFORM/OLIVER 411.000.656.538.800.240.00 297.15 9.2% Sales Tax 411.000.656.538.800.240.00 27.34 000040000120E66369 UNIFORM/VAUGHAN 411.000.656.538.800.240.00 272.69 9.2% Sales Tax 411.000.656.538.800.240.00 25.09 000040000120E66371 BOOTS/VAUGHAN 411.000.656.538.800.240.00 139.49 9.2% Sales Tax 411.000.656.538.800.240.00 12.83 000040000120E66372 UNIFORM/DANIELSON 411.000.656.538.800.240.00 283.41 9.2% Sales Tax 411.000.656.538.800.240.00 26.07 000040000120E66391 BOOTS/SLENKER 29Page: Packet Page 53 of 103 02/23/2011 Voucher List City of Edmonds 30 3:22:46PM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 124123 2/24/2011 (Continued)072634 WHISTLE WORKWEAR 411.000.656.538.800.240.00 183.00 Total :1,267.07 124124 2/24/2011 073576 WILSON, DJ Wilson, D.J.Reimburse Councilmember Wilson for AWC Reimburse Councilmember Wilson for AWC 001.000.110.511.100.430.00 117.34 Total :117.34 Bank total :434,357.5585 Vouchers for bank code :front 434,357.55Total vouchers :Vouchers in this report85 30Page: Packet Page 54 of 103 AM-3769   Item #: 2. D. City Council Meeting Date: 03/01/2011 Time:  Submitted By:Debi Humann Department:Human Resources Review Committee: Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Review and approval of Professional Services Agreement for Land Use Hearing Examiner Services. Recommendation from Mayor and Staff The Professional Services Agreement was reviewed at Finance Committee on February 8 and reviewed by full council on February 15.  At full council, it was requested that the Professional Services Agreement for Land Use Hearing Examiner Services be updated with 1)  a contract provision limiting back-up Hearing Examiners to the two individuals identified and 2) requiring an indemnity bond.  The attached materials contain information regarding both requests.  Staff and the Mayor respectfully request approval of the updated Professional Services Agreement. Previous Council Action See "Recommendation from Mayor and Staff." Narrative See "Recommendation from Mayor and Staff." Attachments Updated Hearing Examiner Contract and Memorandum Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/24/2011 02:16 PM Mayor Mike Cooper 02/25/2011 08:33 AM Final Approval Sandy Chase 02/25/2011 08:58 AM Form Started By: Debi Humann Started On: 02/24/2011 11:34 AM Final Approval Date: 02/25/2011  Packet Page 55 of 103 Packet Page 56 of 103 Packet Page 57 of 103 Packet Page 58 of 103 Packet Page 59 of 103 Packet Page 60 of 103 Packet Page 61 of 103 Packet Page 62 of 103 AM-3775   Item #: 4. City Council Meeting Date: 03/01/2011 Time:5 Minutes   Submitted By:Phil Williams Department:Public Works Committee:Type:Action Information Subject Title Potential action regarding a Settlement Agreement with Nansi Karlsten. Recommendation from Mayor and Staff Move to approve attached settlement agreement, authorize the Mayor to sign and execute the same, and appropriate $280,000 from the Storm Water/Combined Utility fund, subject to confirmation in the mid-year budget adjustments. Previous Council Action Narrative This settlement agreement resolves a flooding claim through purchase of the site by the storm water utility. The property is located at 20719 86th PL West below Good Hope Pond. Council will determine at a future date whether the property will be retained by the city or resold with appropriate stormwater easements. This matter has been discussed at a number of executive sessions, including a session scheduled for March 1st. Approval of the settlement agreement should be accompanied by a motion to appropriate $280,000 from the storm water utility/combined utility fund subject to confirmation in the midyear budget adjustments. Fiscal Impact Fiscal Year:Revenue:Expenditure:$280,000 Fiscal Impact: $280,000 expenditure from the Combined Utility Fund 411 matched with $20,000 from WCIA Attachments Settlement Agreement - Karlsten Form Review Inbox Reviewed By Date Finance Lorenzo Hines 02/25/2011 01:45 PM City Clerk Sandy Chase 02/25/2011 02:03 PM Mayor Mike Cooper 02/25/2011 02:49 PM Final Approval Sandy Chase 02/25/2011 02:57 PM Form Started By: Phil Williams Started On: 02/25/2011 07:32 AM Final Approval Date: 02/25/2011  Packet Page 63 of 103 SETTLEMENT AGREEMENT This Settlement Agreement (“Agreement”) is made and is effective as of the __th day of March, 2011, by and among Nansi Karlsten (“Karlsten”); and the City of Edmonds (“the City”) (hereinafter the “Parties”). In consideration of the promises and covenants exchanged herein, the Parties hereby agree as follows: Statement of Purpose 1. The Parties wish to settle and resolve all claims and causes of action that were or could be asserted by Karlsten, arising of the continual and repeated flooding of the Karlsten property located at 20719 86th Place West, Edmonds, Washington, 98026, Snohomish County Assessor Number 00544600004603 (“Karlsten Property”), as described in the damage claim filed by her on February 9, 2010, City of Edmonds claim number ________. 2. The Parties wish to agree to the terms set out in this Agreement, pursuant to which Karlsten will sell, and the City of Edmonds will purchase, the Karlsten property. 3. This Agreement is made to settle and compromise disputed claims, and to avoid the expense and burden of litigation. It does not constitute and shall not be construed in any way as an admission of liability as to any claim, theory or factual allegation made against any party. Purchase and Sale 4. Karlsten expressly represents and covenants that she owns and has the authority to alienate the Karlsten property described above. 5. Karlsten will convey her property via Quit Claim Deed and the conveyance will be under the threat of eminent domain and the City will pay a total of $300,000 for the purchase of the Karlsten property (the “Purchase”). 6. The Parties agree that they will exercise best efforts to close the Purchase of the Karlsten property on or before May 1, 2011. The Parties acknowledge that unanticipated obstacles to closing may arise, but agree to work diligently to meet the closing deadline. Releases 7. Contingent upon the closing of the Purchase, and at the closing for the Purchase, the Parties shall exchange mutual releases in the following form: (a) Each Party, each on their own behalf and any and all of their successors, predecessor, assigns, and representatives, shall and hereby do release the other Party its successors, predecessors, assigns, subsidiaries, departments, affiliates, agents, employees, officers, directors and representatives (“the Released Parties”) to the fullest extent not prohibited by law, for and from any claims, rights, obligations, suits, payments, demands, accounts, debts, covenants, promises, agreements, judgments, causes of action, liabilities, losses, response or Packet Page 64 of 103 investigative costs under federal or state law, or damages of any kind whatsoever, whether known or unknown at this time, whether in law or equity, whether under the laws of the United States or the laws of the State of Washington, whether such claims have arisen or accrued as of the date of this Agreement, or may arise or accrue after the date of the Agreement that are based upon or relate in any manner to any act or omission occurring on or before the date of their execution of this Agreement (the “Released Claims”). The Released Claims include but are not limited to claims for property damage, for past, present or future property stigma, loss in property or rental value, personal injury or annoyance, increased risk of injury, emotional distress or fear of injury, nuisance, trespass, strict, liability, inverse condemnation, and/or any other federal or state environmental law, ordinance, rule, regulation or code, punitive damages or other willful or wanton misconduct, civil penalties injunctive relief or any kind, attorney’s fees and litigation expenses, contribution or indemnity, interest, and any other claims that could have been brought in a lawsuit or that arise out of or have any connection to conduct, acts, or omissions that occurred on or before the date of this Agreement. (b) Pursuant to this Agreement, all claims and rights of whatever kind with respect to the Released Claims are fully and completely released, waived, satisfied, discharged and settled. This release is intended to cover any and all future injuries, damages or losses arising from or relating to any of the Released Claims not now known to the Parties to this Agreement, but which may develop, or be discovered; and the Parties expressly acknowledge that they may, at some later point, discover or learn facts of information that relate to the Released Claims that they do not now know or appreciate. The Parties nonetheless intend their discharge and release of all the Released Claims to be irrevocable and forever binding. (c) Each Party is permanently barred and enjoined from asserting any of the Released Claims against any of the Released Parties. (d) Notwithstanding the provisions of paragraphs 7(1), 7(b), and 7(c), nothing in those paragraphs or in this Agreement is intended to or shall release any claim for breach of this Agreement. Other Provisions 8. The Parties represent and warrant that they have all authority necessary to enter into this Agreement, and the persons who sign on behalf of the Parties represent and warrant that they have the authority to bind their respective parties to its terms and provisions. Further, the Parties represent and warrant that no other person or entity has, or has had, any interest in the released claims; and that the Parties have not sold, assigned, transferred, conveyed or otherwise disposed of, by operation of law or otherwise, any of the Released Claims, or any part of such claims. 9. This Agreement shall be binding on and inure to the benefit of the Parties and their respective legal representatives, successors and/or assigns. 10. This Agreement shall be construed in accordance with the laws of the State of Washington. The exclusive venue and forum for any litigation arising from or relating to this Agreement shall be the state or federal court located in Snohomish County, Washington. The Packet Page 65 of 103 Parties submit to the jurisdiction of such courts for this purpose, and irrevocably waive any right they otherwise may have to bring or defend such litigation in any other forum, or to seek to transfer any such litigation brought in Snohomish County, Washington to any other forum. The prevailing party in any action arising from or relating to this Agreement, including but not limited to any action to enforce this Agreement, shall be entitled to reasonable attorneys’ fees and costs incurred, in addition to any other relief to which it may be entitled. 11. This Agreement constitutes the entire agreement of the Parties with respect to its subject matter. This Agreement supersedes all prior agreements, arrangements or understandings with respect to its subject matter. The Parties make no representations and have no understandings other than those expressly set forth in this Agreement. Modifications of this Agreement must be in writing and signed by all parties sought to be bound thereby. The subject headings in this document are for convenience and ease of reference only, and shall not be used to construe any provision of this Agreement. 12. This Agreement may be signed in any number of counterparts, each of which shall (when the Agreement is or counterparts have been signed by all Parties) be an original, to the same effect as if all the signatures were on the same instrument. 13. The Parties represent and acknowledge that they have read this Agreement and fully understand and agree to its terms. The Parties are satisfied that the terms and conditions of this Agreement are fair, adequate and reasonable. The Parties were afforded and had the full and unfettered opportunity to consult legal counsel of their choosing, and to obtain any and all legal advice he, she or it desired. For purposes of its interpretation or construction, this Agreement is not drafted by any party hereto, but rather is the subject of negotiation and agreement among the parties. IN WITNESS WHEREOF, the Parties hereto have duly executed this Agreement as of the date set forth above. Nansi Karlsten Date:______________________ The City of Edmonds, a municipal corporation By:______________________________ Name:____________________________ Title:_____________________________ Date:_____________________________ Packet Page 66 of 103 AM-3776   Item #: 5. City Council Meeting Date: 03/01/2011 Time:15 Minutes   Submitted For:City Attorney Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Discussion and potential action regarding a Professional Services Agreement with Lighthouse Law Group, and a Transition Agreement with Ogden Murphy Wallace. Recommendation from Mayor and Staff Previous Council Action On 02-22-2011, the City Council passed the following motion:  Councilmember Bernheim moved, seconded by Councilmember Buckshnis, to retain the Lighthoue Group as the City Attorney.  Motion carried (4-3); Councilmembers Wilson, Bernheim, Buckshnis, and Petso voting yes; Council President Peterson and Councilmembers Plunkett and Fraley-Monillas voting no. Narrative Attached is a memorandum from Scott Snyder, City Attorney.  In addition, attached is a copy of a proposed Professional Services Agreement with Lighthouse Law Group. Grant Weed, Weed Graafstra and Benson, is preparing a Transition Agreement with Ogden Murphy Wallace.  This Transition Agreement was not available to include with this packet.  It will be forwarded to the City Council as soon as it is received. Attachments City Attorney Memorandum re: Professional Services Agreement - Lighthouse Law Group Professional Services Agreement - Lighthouse Law Group Form Review Inbox Reviewed By Date Mayor Mike Cooper 02/25/2011 02:49 PM Final Approval Sandy Chase 02/25/2011 02:57 PM Form Started By: Sandy Chase Started On: 02/25/2011 11:14 AM Final Approval Date: 02/25/2011  Packet Page 67 of 103 A Member of the International Lawyers Network with independent member law firms worldwide 1601 Fifth Avenue, Suite 2100 • Seattle, WA 98101-1686 • 206.447.7000 • Fax: 206.447.0215 Web: www.omwlaw.com {WSS862816.DOC;1\00006.900000\ } MEMORANDUM DATE: February 25, 2011 TO: Edmonds City Council FROM: W. Scott Snyder, Office of the City Attorney RE: Professional Services Agreement - Lighthouse Law Group, PLLC Attached is a draft agreement for civil legal services. Please note that Mr. Taraday was out of town on vacation at the end of last week and was not able to review this draft. There may be changes after he has had an opportunity for review. I put this forward at the earliest opportunity to permit a potential transition on the first of March in order to reduce any duplicative legal fees to minimum. The draft was based on our firm’s current legal contract with the City. It is a contract which can be terminated by either party without cause on sixty day notice (Section 7.). The term matches up with the City’s ordinance providing for a four-year term of appointment. The numerical insertions, such as the monthly fees (Section 3.), the amount of malpractice fees, (Section 8.) are based on the Lighthouse Group’s proposal. The malpractice insurance amount is significantly less than the $10,000,000 which our firm is currently providing, but is the amount shown on Lighthouse Group’s proposal and was therefore included for your review. Following Mr. Taraday’s return, there may be changes which will be provided at the Council meeting. This document is provided as both a placeholder and for your comment. WSS/gjz Attachment Packet Page 68 of 103 {WSS862743.DOC;1\00006.900000\ } - 1 - AGREEMENT FOR CIVIL LEGAL SERVICES THIS AGREEMENT entered into between the City of Edmonds ("the City") and Lighthouse Law Group, PLLC (“Lighthouse”) effective March 1, 2011, is entered into in consideration of the terms and conditions set forth below, the parties agree as follows: 1. Services to be Provided. LIGHTHOUSE will serve as attorneys for the City on all civil legal matters assigned or referred to LIGHTHOUSE by the City during the term of this Agreement, and will perform all civil legal services for the City with the exception of litigation covered by the City’s insurance pool and legal services related to the insurance of any bond. This is a nonexclusive agreement and the City at its sole discretion may engage other legal counsel regarding any matter. Examples of such services include, but are not limited to: 1.1 Preparing for and attending City Council meetings; 1.2 Drafting ordinances, resolutions, and decisions; 1.3 Answering telephone calls from City elected officials and staff and providing general consultation on civil legal matters; 1.4 Attending meetings with City staff (including regular office hours if requested), the Mayor, and/or Council Members on civil legal matters; 1.5 Attending meetings of other City boards and commissions, such as the Planning Commission and Hearing Examiner, when requested to do so; and 1.6 Negotiating with third parties other than in a litigation context, e.g., negotiating development conditions. 1.7 Representing the City and its officials in litigation matters, provided, that in cases where the City and its officials have insurance coverage through WCIA, LIGHTHOUSE will represent the City and its officials only until WCIA retained attorneys are actively handling the case or to the extent necessary to deal with non-covered claims or to provide consultation and coordination between the City and the WCIA retained attorneys; 1.8 Labor negotiation or arbitration; 1.9 Services related to local improvement districts; 1.10 Services requiring a tax specialist; Packet Page 69 of 103 {WSS862743.DOC;1\00006.900000\ } - 2 - 1.11 Services requiring expertise in CERCLA, MOTCA, or other state or federal environmental cleanup laws; 1.12 Representing the City in administrative proceedings before another governmental unit (such as Boundary Review Board hearings, proceedings before the State Shoreline Hearings Board, or proceedings before the State Growth Management Hearings Board); and 1.13 Telecommunications services, including franchise negotiation and leasing. 2. Personnel Performing Services. Jeff Taraday will be the lead attorney and shall have the primary responsibility for attending City Council meetings and delegating work to other LIGHTHOUSE attorneys as needed. Mr. Taraday may assign work to any attorney named in LIGHTHOUSE’S proposal, attached hereto as Exhibit A, incorporated by this reference as fully as if herein set forth. Provision of service by any other attorney shall require prior approval of the service provided by the Mayor. 3. Payment for Services. The City will pay LIGHTHOUSE for the services specified in the sum of $32,000 a month for the balance of 2011. This amount may be adjusted upward in future years with the mutual consent of the parties. LIGHTHOUSE shall submit any proposed fee increase by September 15 of any year for consideration in the budget process. Approval of a budget including a proposed or negotiated rate shall be deemed to amend the rate set forth above. 4. Legal Work Reimbursable to City. In some circumstances, the City may be able to have third parties reimburse it for its legal services. This will most commonly occur for land use permitting work. It may also occur in the negotiation of cell tower leases (cell tower companies typically reimburse cities for their legal work) or interlocal agreements where other jurisdictions must reimburse the City of Edmonds for its legal time. The rate to be charged by all members of LIGHTHOUSE for such work shall be $225 per hour for these services. Any sums paid for by a third party shall be in excess of the set fee provided for in Section 3. 5. The City will not be charged separately for normal clerical or secretarial work, the expense of which has been calculated into LIGHTHOUSE's set fee. Reimbursement will be made by the City for expenditures related to court costs and fees, copying, postage and mileage and parking. Other expenses shall be reimbursed when authorized in advance by the City. 6. Billing. LIGHTHOUSE shall bill the City monthly. Payment by the City for all undisputed billings shall be within thirty (30) days of such billing. 7. Term of Agreement. This Agreement shall commence on March 1, 2011 and shall remain in effect until December 31, 2014. Either party may terminate this Agreement without cause upon sixty (60) days' written notice to the other party. In the event of termination, work in progress will be completed by LIGHTHOUSE if authorized by the City under terms acceptable to both parties. If completion of work in progress is not authorized or acceptable terms cannot be worked out, LIGHTHOUSE will submit all unfinished documents, reports, or other material to City and Packet Page 70 of 103 {WSS862743.DOC;1\00006.900000\ } - 3 - LIGHTHOUSE will be entitled to receive payment for any and all satisfactory work completed prior to the effective date of termination. 8. Professional Liability Insurance. LIGHTHOUSE will maintain professional liability insurance throughout the duration of this Agreement in the minimum amount of $2,000,000. 9. Discrimination. LIGHTHOUSE agrees not to discriminate against any employee or applicant for employment or any other person in the performance of this Agreement because of race, creed, color, national origin, marital status, sex, age, or physical, mental or sensory handicap, except where a bona fide occupational qualification exists. 10. Independent Contractor. LIGHTHOUSE is an independent contractor with respect to the services to be provided under this Agreement. The City shall not be liable for, nor obligated to pay to LIGHTHOUSE, or any employee of LIGHTHOUSE, sick leave, vacation pay, overtime or any other benefit applicable to employees of the City, nor to pay or deduct any social security, income tax, or other tax from the payments made to LIGHTHOUSE which may arise as an incident of LIGHTHOUSE performing services for the City. The City shall not be obligated to pay industrial insurance for the services rendered by LIGHTHOUSE. 11. Ownership of Work Product. All opinions, data, materials, reports, memoranda, and other documents developed by LIGHTHOUSE under this Agreement specifically for the City are the property of the City, shall be forwarded to the City at its request, and may be used by the City as the City sees fit. 12. Hold Harmless. LIGHTHOUSE agrees to indemnify, hold harmless, and defend the City, its elected and appointed officials, employees and agents from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of LIGHTHOUSE. The City agrees to indemnify, hold harmless, and defend LIGHTHOUSE, its members and employees, from and against any and all claims, judgments or awards of damages, arising out of or resulting from the acts, errors or omissions of the City, its elected and appointed officials, employees and agents. to the extent necessary to fully fulfill these promises of indemnity, the parties waive their immunity under Title 51 RCW. 13. Rules of Professional Conduct. All services provided by LIGHTHOUSE under this Agreement will be performed in accordance with the Rules of Professional Conduct for attorneys established by the Washington Supreme Court. 14. Work for Other Clients. LIGHTHOUSE may provide other services for clients other than the City during the term of this Agreement, but will not do so where the same may constitute a conflict of interest as defined by the Rules of Professional Conduct unless the City, after full disclosure of the potential or actual conflict, consents in writing to the representation. Any potential conflicts shall be handled in accordance with the Rules of Professional Conduct referred to above. Packet Page 71 of 103 {WSS862743.DOC;1\00006.900000\ } - 4 - 15. Subcontracting or Assignment. LIGHTHOUSE may not assign or subcontract any portion of the services to be provided under this agreement without the express written consent of the City. 16. Entire Agreement. This Agreement represents the entire integrated agreement between the City and the LIGHTHOUSE, superseding all prior negotiations, representations or agreements, written or oral This agreement may be modified, amended, or added to, only by written instrument properly signed by both parties hereto. In the event of a conflict between this Agreement and Exhibit A, this Agreement shall control. Date: Date: CITY OF EDMONDS LIGHTHOUSE LAW GROUP, PLLC Mayor Mile Cooper Jeff Taraday ATTEST/AUTHENTICATED: Sandra S. Chase, City Clerk Packet Page 72 of 103 AM-3772   Item #: 7. City Council Meeting Date: 03/01/2011 Time:15 Minutes   Submitted For:Edmonds Econ Dev't Comm and Planning Board Submitted By:Stephen Clifton Department:Community Services Review Committee: Committee Action: Type:Information  Information Subject Title Combined 2010 Year End Reports from the City of Edmonds Economic Development Commission and the Planning Board. Recommendation from Mayor and Staff Previous Council Action On April 21, 2009, the Edmonds City Council passed Resolution 1198 which directed City of Edmonds staff to create an Ordinance, where if approved, would create a Citizens Economic Development Commission. On June 2, 2009, the Edmonds City Council passed Ordinance 3735, which amended the Edmonds City Code, Title 10, adding a new Chapter 10.75 Citizens Economic Development Commission. On October 5, 2011, the Edmonds City Council approved Ordinance 3808 which extends the sunset date for the Economic Development Commission from December 31, 2010 to December 31, 2011. Narrative The Citizens Economic Development Commission, consisting of 17 members. two City Council liaisons, and a Planning Board liaison is empowered to advise and make recommendations to the Mayor and City Council, and as appropriate to the Planning Board, Architectural Design Board or other Boards or Commissions of the City on such matters as may be specifically referred to the Commission by the Mayor or City Council including but not limited to 1) determining new strategies for economic development within the City of Edmonds, and 2) identifying new sources of revenue for consideration by the City Council, and other strategies for improving commercial viability and tourism development. The City of Edmonds Economic Development Commission and Planning Board, in response to their charge to prepare and submit an annual report, respectfully submit the attached reports to the Edmonds City Council and Mayor Cooper for review and consideration. Attachments Attachment 1 - Combined 2010 Year End Reports from the City of Edmonds Economic Development Commission and Planning Board Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/24/2011 03:52 PM Community Services/Economic Dev.Stephen Clifton 02/24/2011 04:17 PM City Clerk Sandy Chase 02/24/2011 04:21 PM Mayor Mike Cooper 02/25/2011 08:33 AM Packet Page 73 of 103 Final Approval Sandy Chase 02/25/2011 08:58 AM Form Started By: Stephen Clifton Started On: 02/24/2011 03:10 PM Final Approval Date: 02/25/2011  Packet Page 74 of 103 COMBINED 2010 ANNUAL REPORTS FROM THE CITY OF EDMONDS ECONOMIC DEVELOPMENT COMMISSION AND PLANNING BOARD The City of Edmonds Economic Development Commission and Planning Board, in response to their charge to prepare and submit an annual report, respectfully submit this combined report to the Edmonds City Council and Mayor Cooper for review and consideration. Packet Page 75 of 103 2 The Citizens Economic Development Commission On April 21, 2009, the Edmonds City Council passed Resolution 1198 which directed City of Edmonds staff to create an Ordinance, that would, if approved, create a Citizens Economic Development Commission. On June 2, 2009, the Edmonds City Council passed Ordinance 3735, which amended the Edmonds City Code, Title 10, adding a new Chapter 10.75 Citizens Economic Development Commission. The Citizens Economic Development Commission, consisting of 17 members, is empowered to advise and make recommendations to the Mayor and City Council, and as appropriate to the Planning Board , Archit ectural Design Board or other Boards or Commissions of the City on such matters as may be specifically referred to the Commission by the Mayor or City Council including but not limited to 1) determining new strategies for economic development within the City of Edmonds, and 2) identifying new sources of revenue for consideration by the City Council, and other strategies for improving commercial viability and tourism development. Packet Page 76 of 103 3 Background The Edmonds Economic Development Commission (EDC) has been meeting on a monthly basis since the commission was formed in June of 2009. During year 2010, much was accomplished by the Commission; the following highlights some of the more significant Economic Development Commission activities related to economic development efforts. Major Economic Development Commission (EDC) Activities for 2010 • January 6, 2010 – A joint meeting between the Economic Development Commission and the Planning Board took place in the Brackett meeting room. The main topic discussed was the Edmonds Economic Development Commission and Planning Board report. • January 19, 2010 – A Combined Economic Development Commission and the Planning Board 2009 Annual Report was submitted to the City Council and presentations were given by the Edmonds Economic Development Commission and Planning Board Chairs during the City Council meeting. The Edmonds EDC and Planning Board submitted and recommended the following six higher priority proposals and requested support from the Edmonds City Council to allow work to begin in 2010: 1. Ensure that the City’s economic development position can devote full time to economic development activities and adequately fund proposed programs and activities. A focus of this role is to continue to define and promote Edmonds’ brand. 2. Commit to developing/reviewing/updating a strategic plan every year, ideally corresponding to the City Council’s annual retreat; this includes setting goals and continually assessing progress metrics. 3. Initiate Neighborhood Business Center plans for Five Corners (Neighborhood Center) and Westgate (Neighborhood Community Center) in order to position these areas to attract redevelopment. 4. Support the process to redevelop Harbor Square with public involvement that ensures a balance between generating revenue and addressing environmental concerns. . 5. Initiate and fund a business/marketing plan for the City-owned fiber optic network. 6. Develop a community vision that addresses a balance between quality of life and growth objectives while furthering Edmonds’ “green” initiatives. • February 17, 2010 – A joint meeting between the Economic Development Commission (EDC) and City Council members took place in the Brackett meeting room. Each Council member shared their thoughts about economic development and whether they supported the Packet Page 77 of 103 4 Edmonds EDC’s proposed six higher priority recommendations contained within the Combined Edmonds EDC and Planning Board Economic Development Report presented to the City Council on January 19, 2010. • March 16, 2010 – The Edmonds City Council approved Resolution 1224 which expressed support for the Edmonds EDC Commission to move forward with its six higher priority recommendations referenced above, albeit slightly modified, and one was added by the City Council. 1. Ensure that the City’s economic development position can devote full time to economic development activities and adequately fund proposed programs and activities. 2. Develop a strategic plan and commit to reviewing/updating this plan every year. This includes setting goals and continually assessing progress metrics. 3. Initiate Neighborhood Business Center plans for Five Corners (Neighborhood Center), Perrinville, and Westgate (Neighborhood Community Center) in order to position these areas to attract redevelopment. 4. Support the process to redevelop Harbor Square with public involvement that recognizes the need to generate revenue while emphasizing environmental/community needs and concerns. 5. Initiate a business/marketing plan for the City-owned fiber optic network. 6. Initiate a business/marketing plan for tourism development. 7. Develop a community vision that addresses quality of life and growth objectives while furthering Edmonds’ “green” initiatives. • August 3, 2010 – The City Council voted 6-1 to authorize City staff to initiate necessary professional services agreements with the University of Washington in order to proceed with implementing special district plans for the Five Corners and Westgate Neighborhood Centers (initially recommended by the Edmonds Economic Development Commission and subsequently supported by City Council Resolution 1224). Although necessary funding was authorized for most of the study, the City Council requested additional information be provided at a later City Council meeting regarding how much it might cost to perform a market analysis for each commercial area. • August 24, 2010 – The City Council voted 6-1 to allocate $10,000 from the salary savings of the vacant Development Services Director position to pay for a market study tied to special district plans for the Five Corners Neighborhood and Westgate Commercial centers. Packet Page 78 of 103 5 • September, 2010 – Phase 1 of the special district planning efforts related to the Five Corners and Westgate Neighborhood Centers began. • October 5, 2011 – The Edmonds City Council approved Ordinance 3808 which extends the sunset date for the Economic Development Commission from December 31, 2010 to December 31, 2011. • October 20, 2010 – The Edmonds Economic Development Commission was provided an update from the Port of Edmonds Executive Director regarding the Harbor Square Master Planning Process; and an update from Jill Sterrett, Affiliate Instructor with the UW Dept. of Urban Design & Planning, and University of Washington students, about special district planning efforts related to the Five Corners and Westgate Neighborhood Centers. • November 17, 2010 – The Planning Board and Edmonds EDC co-hosted a three person panel with experience on business-friendly green initiatives. The Edmonds Economic Development Commission and Planning Board were involved in putting together this presentation while Sustainable Edmonds endorsed it with their support and presence. The presentations were open to the public and were also advertised via the City’s website and Government Channel. The City of Bellingham is doing remarkable things and was featured on a PBS special about green initiatives and businesses working together. Many of the programs are incentive based; for example in Bellingham, LEED certified buildings are guaranteed a one week turnaround on their building permit application. Nick Hartrich of Sustainable Connections in Bellingham has offered his assistance to the City of Edmonds should it choose to go down a similar path. • December 15, 2010 - Jill Sterrett, Affiliate Instructor with the UW Dept. of Urban Design & Planning, and University of Washington students provided an update on initial findings of the Phase 1 special district planning efforts related to the Five Corners and Westgate Neighborhood Centers. A citizen survey and Phase 1 Special District report can be found on the City’s website at http://www.ci.edmonds.wa.us/CitEconDevCommDocs.stm under Five Corners and Westgate Neighborhood Commercial Areas. • December 22, 2010 – The Edmonds City Council approved the 2011 City Budget which contains an amount of $100,000 to fund the Edmonds EDC’s recommendation to develop a city-wide strategic plan. Packet Page 79 of 103 6 In March of 2010, the Edmonds Economic Development Commission discussed the seven recommended higher priority items and agreed that the recommendations generally fall within four categories: Strategic Planning and Visioning; Technology; Land Use; and Tourism. A subgroup was formed for each category and Commission Chair requested that each subgroup meet regularly to address each category. During each monthly Edmonds EDC meeting, each subgroup presents updates on progress made towards developing recommendations or implementing tasks/goals related to each subgroup below. • Land Use: This revolves around how to best utilize what land we have, since the city is 96% built out, our best options for improvement will come from redesign of our existing areas and the key here is doing something that not only will enhance the community economically, but also conducting a public process that results in future development that enhances the City. The City’s Development Services Department has been a great driver of this and helped to develop a collaborative effort between the City, Economic Development Commission, UW Urban Design / Planning & Green Futures Lab, and Cascade Land Conservancy, herein referred to as the project team. o Phase 1 took place last fall with the University of Washington conducting an inventory of amenities, buildings, uses, etc., and assessment of the areas. A web survey was also conducted and is underway until the end of February. A citizen survey and Phase 1 Special District report can be found on the City’s website at http://www.ci.edmonds.wa.us/CitEconDevCommDocs.stm under Five Corners and Westgate Neighborhood Commercial Areas - Planning Process. o Phase 2 is currently underway. The special district project team is hosting several meetings to solicit citizen and business/property owner input. As mentioned during community meetings, the special district project team considers the citizens and business/property owners to be a fifth member of the project team. By engaging now in this process, they have the opportunity to shape possible concepts related to development regulations. o During the 3rd Phase, which is scheduled to take place during the second quarter of this year, recommendations will be submitted to the Economic Development Commission and Planning Board which will consider and discuss recommendations from the project team during public meetings. The Planning Board will then forward recommendations to the City Council for their consideration and potential action. • Strategic Planning: This is probably the one the most important pieces to the future of the City. Strategic planning determines where an organization is going over the next few years or more and how it's going to get there. A Strategic Plan is intended to help the City direct its efforts and resources toward a clearly defined vision for its future. The plan should include benchmarks or milestones that measure the City’s progress along the way. A key element of the strategic planning process is that it will be established proactively and transparently with community acceptance. The process is expected to allow for both active and passive involvement ensuring diverse and extensive community participation. The City is preparing to issue to a Request for Qualifications (RFQ). The purpose of a RFQ is to seek proposals from qualified consultants to assist in the development of a Strategic Plan for the City. The City’s Community Services/Economic Development Director has completed a draft RFQ and sent it to the Edmonds EDC, City Council, Planning Board and Department Directors asking for input prior to submitting a draft RFQ to the Edmonds City Council for their review. Packet Page 80 of 103 7 • Technology: The Edmonds EDC has determined that its focus would be on the City’s existing fiber optics network and opportunities that exist related to making it readily available to other organizations and businesses that may have a need for high speed broadband. Along with the Citizens Technology Advisory Committee (CTAC) which has been working in this area for several years, the Edmonds EDC and CTAC are at the doorstep of creating significant and immediate additional revenue source for the City. • Tourism: The City of Edmonds, the Chamber and the Downtown Edmonds Merchants Association have always promoted Edmonds through its events and marketing. This being said, the potential could be much greater. The Edmonds EDC sub-committee is reviewing and discussing potential opportunities to create new tourist attractions in the area. One of these is in the area of “sports tourism”. The Edmonds EDC Tourism sub group is also in the process of identifying assets, programs, events, and various attractions that might be attractive to tourists, including those participating in active sports or recreation. On a broader level, what the City has in its favor is the city itself, i.e., a beautiful place to visit and enjoy, waterfront accessible to the public, walkable pedestrian friendly downtown/waterfront, an arts community, a full calendar of year round community events and public marina. Shopping and dining opportunities exists within the Downtown/Waterfront activity area and can also be found along Highway 99 and the neighborhood commercial districts of Westgate, Perrinville, Firdale Village, and Five Corners The Citizens Economic Development Commission continues to fulfill its charge to secure and seek new revenue streams and find ways in which to improve a much needed revenue base, either directly or indirectly. Where the Commission is headed is to continue exploring, working on, and implementing, initiatives related to the four categories above. Additionally, during the February, 2011 Edmonds EDC meeting, the Commission discussed additional topics/studies they are interested in participating in, implementing, learning about and/or discussing. These include: 1. Undertaking a comprehensive approach to studying downtown design and its effects on existing and future development; there is an opportunity here to engage EDC, Planning Board, ADB, and the Arts Commission on such topics as streetscapes, buildings design, public spaces, 4th 2. Snohomish County Tourism Plan and what it means for the City of Edmonds and Edmonds Center for the Arts. Ave. etc. 3. Existing post office site and future development plans. 4. City Website and future use to promote Edmonds. 5. Port of Edmonds Master Planning process - where are they in the process and what concepts are being considered. 6. Public and private partnerships, e.g., tourism, land use; grants, property acquisition, etc. 7. Strategic Planning process. 8. Development agreements – What is involved and what do they allow? 9. Possible educational series for the Edmonds EDC to help the Commission become more knowledgeable about development regulations. The Commission will also proactively seek new ideas not only from EDC members, but from Edmonds’ citizens, business owners, property owners, the City Council, Mayor, City staff and various organizations. The Harbor Square master planning effort, existing Post Office site, Highway 99, and existing development related regulations, are important areas of focus. Working with other Packet Page 81 of 103 8 boards and commissions has been, and continues to be, a priority to maintain communication and to coordinate efforts. A Planning Board member now serves as a liaison to the Edmonds EDC to insure that is accomplished. Key City staff continue to be a tremendous help to the Commission in all regards. Lastly, as noted earlier in the report, the Edmonds EDC was to sunset Dec 31, 2010, but the council voted to extend the sunset date for an additional year, understanding that the process to review, consider and implement economic development related initiatives not only takes time, but we are on the right track to insure we accomplish our goals. Packet Page 82 of 103 9 Edmonds Planning Board’s Activities and Efforts Over the Course of 2010 in Context of Economic Development within the City of Edmonds 1. The Planning Board’s Report to Council for 2010 contains a complete listing of the year’s studies, actions, and recommendations to Council for further action primarily in the areas of amendments to both the city’s Comprehensive Plan and governing Codes. From a broad perspective the Planning Board’s goal with regard to economic development is to study and support efforts to create long term sustainability of our city for our citizens and visiting public from environmental, economic, and livability standpoints while at the same time respecting the historical, residential, and other characteristics of Edmonds that attract citizens and visitors. 2. Areas in which the Board has worked to support economic development in supplement to efforts being undertaken by the Economic Development Commission [EDC]: • Comprehensive Plan—updates to provisions and plans towards support of long-term viability of our environment, infrastructure, and public facilities to the benefit of Edmonds citizenry both now and into the future • Code Revisions—a 3-pronged approach: A] Simplify language so that both public and staff can both understand and implement provisions free of such hindrances as redundancy, conflicting and/or inconsistent language, incongruity of chapters/sections, and outdated provisions. B] Where appropriate introduce flexibility within certain sections to better enable Development Services staff and other enforcing departments to process work within the intent of identified provisions rather than being bogged down by either incomplete or lacking written language within the regulations. C] Where appropriate recommend code revisions be modified to relieve permitting and/or application fees/costs to the benefit of applicants with an eye towards encouraging economic growth from resultant undertakings. • Longer-term studies: i] Potential revisions to downtown business area in order to enable more adaptable project(s) development supportive of economic growth within the city . ii] Participate with EDC in development of strategic plan being undertaken with help from outside consultant team towards a long-range workable program for the city. iii] Undertake specific area-focused studies for the hospital district and highway 99 [in concert with the latter’s task force] with the goal of enhancing and enabling appropriate economic and potential project development within those areas of the city. Packet Page 83 of 103 10 iv] Content/context study of ‘form based zoning’ principles and practices with the potential of applying same towards facilitating future development of certain areas/neighborhoods of the city, including, but not necessarily limited to Westgate, 5 Corners, and the downtown waterfront areas. [Form Base Zoning emphasizes regulation of building “form” (versus just “use”) to assure a building’s general shape, massing, height and orientation positively contribute to the existing or desired neighborhood context.] • Tracking of potential master plan efforts being currently undertaken and/or contemplated [such efforts being undertaken with primary goal of enhancing project opportunities within the city in support of economic development]: 4th Avenue Arts Corridor 5 Corners neighborhood Westgate neighborhood Port of Edmonds Harbor Square redevelopment/revitalization Spee/USPS development—both phases Downtown/Waterfront Activity Center Packet Page 84 of 103 AM-3773   Item #: 8. City Council Meeting Date: 03/01/2011 Time:2 Hours   Submitted By:Rob Chave Department:Planning Committee:Type:Information Information Subject Title Joint Meeting with the Edmonds Planning Board. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative This is a joint meeting of the City Council and Planning Board to discuss items of mutual interest. A short topic outline is attached (Exhibit 1) to get the discussion started. Exhibit 2 contains the Planning Board's report given to the City Council at the retreat on February 4, 2011. Attachments Exhibit 1: Agenda / Discussion Outline Exhibit 2: Planning Board Report Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/24/2011 03:56 PM Mayor Mike Cooper 02/25/2011 08:32 AM Final Approval Sandy Chase 02/25/2011 08:58 AM Form Started By: Rob Chave Started On: 02/24/2011 03:31 PM Final Approval Date: 02/25/2011  Packet Page 85 of 103 Joint Meeting:  City Council and Planning Board  Topic Agenda  A. Planning Board Priorities  1. Mandatory and ongoing commitments.  Background: See attached “2010 Accomplishments” summary – which was presented to  the Council at the February retreat and includes current 2011 commitments. This is  provided for information only. In general, the Planning Board’s goal is to integrate  sustainability principles into work products, while keeping in mind the goals of simplifying  and improving the consistency of codes and regulations in implementing comprehensive  plan goals.  2. Highlight: Design.   Background: Collaborating with and building on the work of the Economic Development  Commission, the Planning Board is looking toward a design‐based approach to address key  land use and zoning issues. The intent is to use the ideas and templates developed during  the UW/Cascade Land Conservancy work at Five Corners and Westgate to develop design‐ based solutions for  (1) Highway 99 and the Medical/Hwy 99 Activity Center;  (2) multifamily  project design and RM zones;  and (3) downtown Edmonds. Form‐based codes which focus  on design issues and streetscape and neighborhood relationships should be at the forefront  of the discussion in each case.  3. Highlight: “Green” incentives.   Background: Incentives should be developed to achieve desired sustainability goals while  promoting attractive design, neighborhood character, and economic development. Some  incentives could be city‐wide, such as priority permitting or discounting for achieving green  development standards. Other incentives could be location specific, employing such tools as  development agreements which provide design flexibility in exchange for achieving city  goals (e.g. providing amenities or desired uses).  B. City Council Priorities  1. Open discussion.  C. Other items of mutual interest…  1. Open discussion.    Packet Page 86 of 103   1         Edmonds Planning Board  Report to City Council for the Year 2010  Feb. 4, 2011  Listing of areas and subjects received, reviewed, and analyzed with findings and recommendations  forwarded to the Council for discussion and further action as warranted by the Council  Comprehensive Plan Amendments  Water System Comprehensive Plan Update [from 2010 draft]   Storm and Surface Water Comprehensive Plan Update   Update to Street Tree Plan [last done in 2006]   Comprehensive Plan Purpose, Effect and Context    To provide improved consistency with Vision 2040, currently adapted elements of the Plan,      process and standards described in city codes, and Growth Management Act      Update to Capital Facilities Element within the Plan [2011 – 2016]      Code Amendments   Homeless Shelters / Tent City  [to replace city’s temp. Ord. 3769]   Title 20 Procedures‐proposed revisions to    [ECDC 20.01 – 20.08 (excl 20.050)]                Notice requirements, land use applications, Council role in appeals process     Civil Enforcement Procedures        [ECDC 20.110.040(f)]   Wall Murals and Artwork   [added provisions to Chapt. 20.60‐ definitions, guidelines]   Minor sign chapter clarification     [ECDC 20.60.025, RE:  permitted permanent signs in business        and commercial zones]     Minor SEPA chapter update    [ECDC 20.15A – Environmental Review]     Home Occupations update   PRD perimeter buffers update   Fees for illegal tree cutting  Packet Page 87 of 103   2     Following is a listing of areas and subjects currently started or in process of discussion/review by the  Planning Board  In Process   Sustainability Indicators [energy audits and consumption within the City, home energy       usage/conservation audits]   Wireless Regulations update   Subdivision chapter update   UW Neighborhood studies (Five Corners, Westgate) and potential for form‐based zoning      templates and Comp Plan adjustment recommendations templates   Informal tracking progress‐‐‐  Port of Edmonds Harbor Square   Highway 99 parking requirements (referred by Council)      New / Pending Items for 2011   Comprehensive Plan Amendment: 244th Ave SW near Denny’s [private Comp Plan amendment    proposal]   Review of Medical / Highway 99 Activity Center boundary (referred by Council)   Shoreline Master Program update (State mandate)   Minor Downtown BD zone updates (referred by Council)   Other code chapters… (Title 17 miscellaneous zoning standards)   Parks and Recreation quarterly reports    Collaboration Opportunities   Economic Development Commission [land use issues; UW studies; sustainability and branding  initiatives; ‘Green’ building incentives]        Planning Board has representative member sitting in EDC meetings and reporting on efforts          as well as collaborative opportunities     Highway 99 Task Force[Hwy99 transit oriented development; zoning update to reflect evolving  character in Medical / Highway 99 Activity Center]   Mayor’s Climate Committee [Sustainability and Climate Action Plan; Sustainability indicators]   Green’ building incentives  [PB, EDC, ADB, and Climate Committee with potential PB lead]  Packet Page 88 of 103 AM-3768   Item #: 9. City Council Meeting Date: 03/01/2011 Time:  Submitted For:Councilman Wilson Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Action  Information Subject Title Discussion and potential action regarding pending legislation of interest to the City of Edmonds. Recommendation from Mayor and Staff Previous Council Action Narrative Discussion and potential action regarding pending legislation of interest to the City of Edmonds. Attachments HB 1721 Wilson Reso Supporting HB 1721 Sub HB 1489-S 1489-S AMH MORR H1935.2 Wilson Reso supporting HB 1489-5194 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 02/24/2011 02:44 PM Mayor Mike Cooper 02/25/2011 08:38 AM Final Approval Sandy Chase 02/25/2011 08:58 AM Form Started By: Jana Spellman Started On: 02/24/2011 11:12 AM Final Approval Date: 02/25/2011  Packet Page 89 of 103 H-1802.1 _____________________________________________ SUBSTITUTE HOUSE BILL 1721 _____________________________________________ State of Washington 62nd Legislature 2011 Regular Session By House Environment (originally sponsored by Representatives Frockt, Kenney, Roberts, Fitzgibbon, and Stanford) READ FIRST TIME 02/17/11. 1 AN ACT Relating to preventing storm water pollution from coal tar 2 sealants; and adding a new chapter to Title 70 RCW. 3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 4 NEW SECTION. Sec. 1. The definitions in this section apply 5 throughout this chapter unless the context clearly requires otherwise. 6 "Department" means the department of ecology. 7 NEW SECTION. Sec. 2. After January 1, 2012, no person may sell at 8 wholesale or retail a coal tar pavement product that is labeled as 9 containing coal tar. 10 NEW SECTION. Sec. 3. After July 1, 2012, a person may not apply 11 a coal tar pavement product on a driveway or parking area. 12 NEW SECTION. Sec. 4. (1) The department may issue a notice of 13 corrective action to a person in violation of section 2 or 3 of this 14 act. 15 (2) A city or county may adopt an ordinance providing for p. 1 SHB 1721 Packet Page 90 of 103 1 enforcement of the requirements of section 2 or 3 of this act. A city 2 or county adopting an ordinance has jurisdiction concurrent with the 3 department to enforce this section. 4 NEW SECTION. Sec. 5. Sections 1 through 4 of this act constitute 5 a new chapter in Title 70 RCW. --- END --- SHB 1721 p. 2 Packet Page 91 of 103 Resolution supporting SHB 1721 regarding prevention of storm water pollution from coal tar sealants Whereas Rep. Stanford and Rep. Roberts have co-sponsored legislation by Rep. David Frockt to prevent the use of carcinogenic coal tar sealant to limit pollution in storm water, which ultimately finds its way to waterways in our watersheds, and Whereas coal tar sealant, which is known to cause tumors in fish, has been identified to be highly concentrated in Lake Ballinger, the stewardship of which has been identified as a high priority item for the City Council, Now, therefore be it resolved that the City of Edmonds supports SHB 1721, and encourages Senators Shin, Chase, and McAuliffe and Representatives Liias, Kagi, Ryu, and Moscoso, which represent Edmonds, to support this legislation. Packet Page 92 of 103 H-1427.2 _____________________________________________ SUBSTITUTE HOUSE BILL 1489 _____________________________________________ State of Washington 62nd Legislature 2011 Regular Session By House Environment (originally sponsored by Representatives Billig, Morris, Frockt, Carlyle, Crouse, Ryu, Finn, Jinkins, Fitzgibbon, Tharinger, Rolfes, Liias, Moscoso, Stanford, Dunshee, Pettigrew, Ladenburg, Ormsby, Van De Wege, Moeller, Hunt, Pedersen, Maxwell, Roberts, Reykdal, Kagi, Darneille, Clibborn, Jacks, and Kenney) READ FIRST TIME 02/15/11. 1 AN ACT Relating to protecting water quality through restrictions on 2 fertilizer containing phosphorus; amending RCW 15.54.270, 15.54.470, 3 and 15.54.474; adding new sections to chapter 15.54 RCW; creating a new 4 section; and providing an effective date. 5 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON: 6 NEW SECTION. Sec. 1. (1) The legislature finds that: 7 (a) Phosphorus loading of surface waters can stimulate the growth 8 of weeds and algae and that this growth can have adverse environmental, 9 health, and aesthetic effects; 10 (b) Turf fertilizer contributes to phosphorus loading. Limits on 11 turf fertilizer labeled as containing phosphorus can significantly 12 reduce the discharge of phosphorus into the state's ground and surface 13 waters; 14 (c) Turf fertilizer containing no or very low amounts of phosphorus 15 is readily available and maintaining established turf in a healthy and 16 green condition is not dependent upon the addition of turf fertilizer 17 labeled as containing phosphorus; and 18 (d) While significant reductions of phosphorus from laundry p. 1 SHB 1489 Packet Page 93 of 103 1 detergent and dishwashing detergent have been achieved, similar 2 progress in reducing phosphorus contributions from turf fertilizer has 3 not been accomplished. 4 (2) It is the intent of the legislature to significantly limit the 5 use of turf fertilizers labeled as containing phosphorus. 6 Sec. 2. RCW 15.54.270 and 1998 c 36 s 2 are each amended to read 7 as follows: 8 ((Terms used in)) The definitions in this section apply throughout 9 this chapter ((have the meaning given to them in this chapter)) unless 10 the context clearly ((indicates)) requires otherwise. 11 (1) "Brand" means a term, design, or trademark used in connection 12 with the distribution and sale of one or more grades of commercial 13 fertilizers. 14 (2) "Bulk fertilizer" means commercial fertilizer distributed in a 15 nonpackaged form such as, but not limited to, tote bags, tote tanks, 16 bins, tanks, trailers, spreader trucks, and railcars. 17 (3) "Calcium carbonate equivalent" means the acid-neutralizing 18 capacity of an agricultural liming material expressed as a weight 19 percentage of calcium carbonate. 20 (4) "Commercial fertilizer" means a substance containing one or 21 more recognized plant nutrients and that is used for its plant nutrient 22 content or that is designated for use or claimed to have value in 23 promoting plant growth, and shall include limes, gypsum, and 24 manipulated animal and vegetable manures. It does not include 25 unmanipulated animal and vegetable manures, organic waste-derived 26 material, and other products exempted by the department by rule. 27 (5) "Composting" means the controlled aerobic degradation of 28 organic waste materials. Natural decay of organic waste under 29 uncontrolled conditions is not composting. 30 (6) "Customer-formula fertilizer" means a mixture of commercial 31 fertilizer or materials of which each batch is mixed according to the 32 specifications of the final purchaser. 33 (7) "Department" means the department of agriculture of the state 34 of Washington or its duly authorized representative. 35 (8) "Director" means the director of the department of agriculture. 36 (9) "Distribute" means to import, consign, manufacture, produce, SHB 1489 p. 2 Packet Page 94 of 103 1 compound, mix, or blend commercial fertilizer, or to offer for sale, 2 sell, barter, exchange, or otherwise supply commercial fertilizer in 3 this state. 4 (10) "Distributor" means a person who distributes. 5 (11) "Fertilizer material" means a commercial fertilizer that 6 either: 7 (a) Contains important quantities of no more than one of the 8 primary plant nutrients: Nitrogen, phosphate, and potash; 9 (b) Has eighty-five percent or more of its plant nutrient content 10 present in the form of a single chemical compound; or 11 (c) Is derived from a plant or animal residue or by-product or 12 natural material deposit that has been processed in such a way that its 13 content of plant nutrients has not been materially changed except by 14 purification and concentration. 15 (12) "Grade" means the percentage of total nitrogen, available 16 phosphoric acid, and soluble potash stated in whole numbers in the same 17 terms, order, and percentages as in the "guaranteed analysis," unless 18 otherwise allowed by a rule adopted by the department. Specialty 19 fertilizers may be guaranteed in fractional units of less than one 20 percent of total nitrogen, available phosphorus or phosphoric acid, and 21 soluble potassium or potash. Fertilizer materials, bone meal, manures, 22 and similar materials may be guaranteed in fractional units. 23 (13) "Guaranteed analysis." 24 (a) Until the director prescribes an alternative form of 25 "guaranteed analysis" by rule the term "guaranteed analysis" shall mean 26 the minimum percentage of plant nutrients claimed in the following 27 order and form: 28 Total nitrogen (N) . . . . . . . . . . . . . . . . . percent 29 Available phosphoric acid (P2O5) . . . . . percent 30 Soluble potash (K2O) . . . . . . . . . . . . . . . . percent 31 The percentage shall be stated in whole numbers unless otherwise 32 allowed by the department by rule. 33 The "guaranteed analysis" may also include elemental guarantees for 34 phosphorus (P) and potassium (K). p. 3 SHB 1489 Packet Page 95 of 103 1 (b) For unacidulated mineral phosphatic material and basic slag, 2 bone, tankage, and other organic phosphatic materials, the total 3 phosphoric acid or degree of fineness may also be guaranteed. 4 (c) Guarantees for plant nutrients other than nitrogen, phosphorus, 5 and potassium shall be as allowed or required by rule of the 6 department. The guarantees for such other nutrients shall be expressed 7 in the form of the element. 8 (d) The guaranteed analysis for limes shall include the percentage 9 of calcium or magnesium expressed as their carbonate; the calcium 10 carbonate equivalent as determined by methods prescribed by the 11 association of official analytical chemists; and the minimum percentage 12 of material that will pass respectively a one hundred mesh, sixty mesh, 13 and ten mesh sieve. The mesh size declaration may also include the 14 percentage of material that will pass additional mesh sizes. 15 (e) In commercial fertilizer, the principal constituent of which is 16 calcium sulfate (gypsum), the percentage of calcium sulfate (CaSO4.2H2O) 17 shall be given along with the percentage of total sulfur. 18 (14) "Imported fertilizer" means any fertilizer distributed into 19 Washington from any other state, province, or country. 20 (15) "Label" means the display of all written, printed, or graphic 21 matter, upon the immediate container, or a statement accompanying a 22 fertilizer. 23 (16) "Labeling" includes all written, printed, or graphic matter, 24 upon or accompanying a commercial fertilizer, or advertisement, 25 brochures, posters, television, and radio announcements used in 26 promoting the sale of such fertilizer. 27 (17) "Licensee" means the person who receives a license to 28 distribute a commercial fertilizer under the provisions of this 29 chapter. 30 (18) "Lime" means a substance or a mixture of substances, the 31 principal constituent of which is calcium or magnesium carbonate, 32 hydroxide, or oxide, singly or combined. 33 (19) "Manipulation" means processed or treated in any manner, 34 including drying to a moisture content less than thirty percent. 35 (20) "Manufacture" means to compound, produce, granulate, mix, 36 blend, repackage, or otherwise alter the composition of fertilizer 37 materials. SHB 1489 p. 4 Packet Page 96 of 103 1 (21) "Micronutrients" are: Boron; chlorine; cobalt; copper; iron; 2 manganese; molybdenum; sodium; and zinc. 3 (22) "Micronutrient fertilizer" means a produced or imported 4 commercial fertilizer that contains commercially valuable 5 concentrations of micronutrients but does not contain commercially 6 valuable concentrations of nitrogen, phosphoric acid, available 7 phosphorus, potash, calcium, magnesium, or sulfur. 8 (23) "Official sample" means a sample of commercial fertilizer 9 taken by the department and designated as "official" by the department. 10 (24) "Organic waste-derived material" means grass clippings, 11 leaves, weeds, bark, plantings, prunings, and other vegetative wastes, 12 uncontaminated wood waste from logging and milling operations, food 13 wastes, food processing wastes, and materials derived from these wastes 14 through composting. "Organic waste-derived material" does not include 15 products that include biosolids. 16 (25) "Packaged fertilizer" means commercial fertilizers, either 17 agricultural or specialty, distributed in nonbulk form. 18 (26) "Person" means an individual, firm, brokerage, partnership, 19 corporation, company, society, or association. 20 (27) "Percent" or "percentage" means the percentage by weight. 21 (28) "Produce" means to compound or fabricate a commercial 22 fertilizer through a physical or chemical process, or through mining. 23 "Produce" does not include mixing, blending, or repackaging commercial 24 fertilizer products. 25 (29) "Registrant" means the person who registers commercial 26 fertilizer under the provisions of this chapter. 27 (30) "Specialty fertilizer" means a commercial fertilizer 28 distributed primarily for nonfarm use, such as, but not limited to, use 29 on home gardens, lawns, shrubbery, flowers, golf courses, municipal 30 parks, cemeteries, greenhouses, and nurseries. 31 (31) "Ton" means the net weight of two thousand pounds avoirdupois. 32 (32) "Total nutrients" means the sum of the percentages of total 33 nitrogen, available phosphoric acid, and soluble potash as guaranteed 34 and as determined by analysis. 35 (33) "Washington application rate" is calculated by using an 36 averaging period of up to four consecutive years that incorporates 37 agronomic rates that are representative of soil, crop rotation, and 38 climatic conditions in Washington state. p. 5 SHB 1489 Packet Page 97 of 103 1 (34) "Waste-derived fertilizer" means a commercial fertilizer that 2 is derived in whole or in part from solid waste as defined in chapter 3 70.95 or 70.105 RCW, or rules adopted thereunder, but does not include 4 fertilizers derived from biosolids or biosolids products regulated 5 under chapter 70.95J RCW or wastewaters regulated under chapter 90.48 6 RCW. 7 (35)(a) "Turf" means land, including residential property, 8 commercial property, and publicly owned land, which is planted in 9 closely mowed, managed grass. 10 (b) "Turf" does not include pasture land, land used to grow grass 11 for sod, or any other land used for agricultural production or 12 residential vegetable or flower gardening. 13 (36)(a) "Turf fertilizer" means a commercial fertilizer that is 14 labeled for use on turf. 15 (b) "Turf fertilizer" does not include commercial fertilizers 16 derived solely from organic materials, biosolids, or biosolid products. 17 NEW SECTION. Sec. 3. A new section is added to chapter 15.54 RCW 18 to read as follows: 19 (1) Except as otherwise provided in section 4 of this act, a person 20 may not apply turf fertilizer that is labeled as containing phosphorus 21 to turf. 22 (2) A person may not apply turf fertilizer labeled as containing 23 phosphorus to turf when the ground is frozen. 24 (3) A person may not intentionally apply turf fertilizer labeled as 25 containing phosphorus to an impervious surface. 26 NEW SECTION. Sec. 4. A new section is added to chapter 15.54 RCW 27 to read as follows: 28 Section 3(1) of this act does not apply in the following instances: 29 (1) Application for the purpose of establishing grass or repairing 30 damaged grass, using either seeds or sod, during the growing season in 31 which the grass is established; 32 (2) Application to an area if the soil in the area is deficient in 33 plant available phosphorus, as shown by a soil test performed no more 34 than thirty-six months before the application; or 35 (3) Application to pasture, interior houseplants, flower and SHB 1489 p. 6 Packet Page 98 of 103 1 vegetable gardens located on either public or private property, land 2 used to grow grass for sod, or any land used for agricultural or 3 silvicultural production. 4 NEW SECTION. Sec. 5. A new section is added to chapter 15.54 RCW 5 to read as follows: 6 (1) Except as provided in subsection (2) of this section, no person 7 may sell turf fertilizer that is labeled as containing phosphorus. 8 (2) The sale of turf fertilizer that is labeled as containing 9 phosphorus is allowed for the following purposes: 10 (a) Application for the purpose of establishing grass or repairing 11 damaged grass, using either seeds or sod, during the growing season in 12 which the grass is established; 13 (b) Application to an area if the soil in the area is deficient in 14 plant available phosphorus, as shown by a soil test performed no more 15 than thirty-six months before the application; or 16 (c) Application to pasture, interior houseplants, flower and 17 vegetable gardens located on either public or private property, land 18 used to grow grass for sod, or any land used for agricultural or 19 silvicultural production. 20 NEW SECTION. Sec. 6. A new section is added to chapter 15.54 RCW 21 to read as follows: 22 A person who sells turf fertilizer at retail may only display turf 23 fertilizer that is labeled as containing phosphorus if it is also 24 clearly labeled for a use permitted by section 5 of this act. 25 Sec. 7. RCW 15.54.470 and 1998 c 36 s 11 are each amended to read 26 as follows: 27 (1) Except for violations of sections 3, 5, and 6 of this act, any 28 person who violates any provision of this chapter shall be guilty of a 29 misdemeanor, and the fines collected shall be disposed of as provided 30 under RCW 15.54.480. 31 (2) Nothing in this chapter shall be considered as requiring the 32 department to report for prosecution or to cancel the registration of 33 a commercial fertilizer product or to stop the sale of fertilizers for 34 violations of this chapter, when violations are of a minor character, p. 7 SHB 1489 Packet Page 99 of 103 1 and/or when the department believes that the public interest will be 2 served and protected by a suitable notice of the violation in writing. 3 (3) It shall be the duty of each prosecuting attorney to whom any 4 violation of this chapter is reported, to cause appropriate proceedings 5 to be instituted and prosecuted in a court of competent jurisdiction 6 without delay. Before the department reports a violation of this 7 chapter for such prosecution, an opportunity shall be given the 8 distributor to present his or her view in writing or orally to the 9 department. 10 (4) The department is hereby authorized to apply for, and the court 11 authorized to grant, a temporary or permanent injunction restraining 12 any person from violating or continuing to violate any of the 13 provisions of this chapter or any rule adopted under this chapter, 14 notwithstanding the existence of any other remedy at law. Any such 15 injunction shall be issued without bond. 16 Sec. 8. RCW 15.54.474 and 1998 c 36 s 12 are each amended to read 17 as follows: 18 Except for violations of sections 3, 5, and 6 of this act, every 19 person who fails to comply with this chapter, or any rule adopted under 20 it, may be subjected to a civil penalty, as determined by the director, 21 in an amount of not more than seven thousand five hundred dollars for 22 every such violation. Each and every such violation shall be a 23 separate and distinct offense. Every person, who, through an act of 24 commission or omission, procures, aids, or abets in the violation shall 25 be considered to have violated this chapter and may be subject to the 26 penalty provided for in this section. 27 NEW SECTION. Sec. 9. This act takes effect January 1, 2013. --- END --- SHB 1489 p. 8 Packet Page 100 of 103 1489-S AMH MORR H1935.2 SHB 1489 - H AMD 40 By Representative Morris 1 Beginning on page 6, line 17, strike all of sections 3 through 6 2 and insert the following: 3 "NEW SECTION. Sec. 3. A new section is added to chapter 15.54 RCW 4 to read as follows: 5 (1) A person may not: 6 (a) Except as otherwise provided in this section, apply turf 7 fertilizer that is labeled as containing phosphorus to turf; 8 (b) Apply turf fertilizer labeled as containing phosphorus to turf 9 when the ground is frozen; 10 (c) Intentionally apply turf fertilizer labeled as containing 11 phosphorus to an impervious surface; 12 (d) Except as otherwise provided in this section, sell turf 13 fertilizer that is labeled as containing phosphorus; or 14 (e) Display turf fertilizer that is labeled as containing 15 phosphorus in a retail store unless the turf fertilizer is also clearly 16 labeled for a use permitted by this section. 17 (2) The prohibitions in this section on the application, sale, and 18 retail display of turf fertilizer that is labeled as containing 19 phosphorus, other than the prohibitions in subsection (1)(b) and (c) of 20 this section, do not apply in the following instances: 21 (a) Application for the purpose of establishing grass or repairing 22 damaged grass, using either seeds or sod, during the growing season in 23 which the grass is established; 24 (b) Application to an area if the soil in the area is deficient in 25 plant available phosphorus, as shown by a soil test performed no more 26 than thirty-six months before the application; or 27 (c) Application to pasture, interior house plants, flower and 28 vegetable gardens located on either public or private property, land 29 used to grow grass for sod, or any land used for agricultural or 30 silvicultural production. Official Print - 1 1489-S AMH MORR H1935.2Packet Page 101 of 103 1 (3)(a) Nothing in this section: 2 (i) Limits the ability of a city or county to adopt a local 3 ordinance regarding the application or sale of turf fertilizer that is 4 labeled as containing phosphorus that is more restrictive than the 5 provisions of this section; 6 (ii) Requires the enforcement or monitoring of compliance with this 7 section by local governments; or 8 (iii) Requires local governments to participate in the 9 administration of this section, including the verification of soil 10 tests under subsection (2)(b) of this section. 11 (b) A city or county may not adopt a local ordinance regarding the 12 application or sale of turf fertilizer that is labeled as containing 13 phosphorus that is less restrictive than this section." 14 Renumber the remaining sections consecutively, correct any internal 15 references accordingly, and correct the title. 16 On page 7, line 27, after "violations of " strike "sections 3, 5, 17 and 6" and insert "section 3" 18 On page 8, line 18, after "violations of " strike "sections 3, 5, 19 and 6" and insert "section 3" EFFECT: Consolidates the substantive portions of the bill into one section and adds language expressly allowing a local government to adopt more restrictive ordinances. --- END --- Official Print - 2 1489-S AMH MORR H1935.2Packet Page 102 of 103 Resolution supporting SHB 1489 / SSB 5194 banning the sale of fertilizers containing phosphorus Whereas Senator Chase, and Representatives Liias, Roberts, Kagi, Chase, Moscoso and Standford have all co-sponsored SHB 1489 “Protecting water quality through restrictions on fertilizer containing phosphorus” and Whereas the Edmonds City Council identified this matter as a cause of concern and potential local action item at its 2011 Council Retreat, Now, therefore be it resolved that the City of Edmonds supports SHB 1489 and its companion SSB 5194, and encourages Senators Shin and McAullife, as representatives of the City of Edmonds, to support adoption of this bill, and Therefore be it further resolved that the City of Edmonds supports passage of Rep. Morris’s amendment (40) strengthening this bill further. Packet Page 103 of 103