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2010.09.21 CC Agenda Packet                 AGENDA Edmonds City Council Council Chambers, Public Safety Complex 250 5th Ave. North, Edmonds SEPTEMBER 21, 2010                 6:00 p.m. - Executive session regarding labor negotiation strategy.   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-3374 Approval of City Council Meeting Minutes of September 7, 2010.   C. AM-3376 Approval of claim checks #121101 through #121213 dated September 9, 2010 for $1,729,084.52, and claim checks #121214 through #121351 dated September 16, 2010 for $521,065.12.   D. AM-3372 Acknowledge receipt of a Claim for Damages from Donna L. Breske ($5,000.00).   E. AM-3380 Interlocal Agreement with SERS for Low Cost Dark Fiber.   F. AM-3378 Ordinance amending the Edmonds City Code, Title 10, to add a new Chapter 10.95 Citizens’ Tree Board.   G. AM-3360 Authorization of Resolution to submit grant application for 2011 Snohomish County CDBG Public Facilities & Infrastructure Projects Funding for Senior Center Siding Replacement and Waterproofing.   3. (30 Minutes) Public hearing on the proposed updates to land use permit review procedures Packet Page 1 of 602 3. (30 Minutes) AM-3371 Public hearing on the proposed updates to land use permit review procedures contained in the Edmonds Community Development Code (ECDC) Chapters 20.01 through 20.08, excluding 20.05, which include staff reassuming the public notice requirements for project applications; reorganizing and clarifying portions of text; and updating the permit type matrix in ECDC 20.01.003.A. (File No. AMD20100013)   4. (30 Minutes) AM-3375 Public Hearing for the Six-Year Transportation Improvement Program (2011-2016).   5.Audience Comments  (3 minute limit per person)* *Regarding matters not listed on the Agenda as Closed record Review or as Public Hearings.   6. (10 Minutes) AM-3377 Presentation regarding 2010 Citizen Levy Committee.   7. (30 Minutes) AM-3381 2009-2010 Mid-Year Budget Adjustment   8. (10 Minutes) AM-3369 Extension of sunset date for Citizens Economic Development Commission.   9. (30 Minutes) AM-3379 Capital Facilities Plan (2011-2016)   10. (15 Minutes) AM-3382 Report on City Council Committee Meetings of September 14, 2010.   11. (5 Minutes) Mayor's Comments   12. (15 Minutes) Council Comments   Adjourn   Packet Page 2 of 602 AM-3374   Item #: 2. B. City Council Meeting Date: 09/21/2010 Time:Consent   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type: Information Subject Title Approval of City Council Meeting Minutes of September 7, 2010. 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 09-07-10 Draft City Council Minutes Form Review Inbox Reviewed By Date Community Services/Economic Dev.Stephen Clifton 09/15/2010 04:08 PM Final Approval Sandy Chase 09/16/2010 01:50 PM Form Started By: Sandy Chase Started On: 09/15/2010 03:54 PM Final Approval Date: 09/16/2010  Packet Page 3 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 1 EDMONDS CITY COUNCIL DRAFT MINUTES September 7, 2010 The Edmonds 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 Steve Bernheim, Council President (arrived 7:03 p.m.) D. J. Wilson, Councilmember Michael Plunkett, Councilmember Lora Petso, Councilmember Strom Peterson, Councilmember Diane Buckshnis, Councilmember (arrived 7:03 p.m.) ELECTED OFFICIALS ABSENT Adrienne Fraley-Monillas, Councilmember STAFF PRESENT Phil Williams, Public Works Director Rob Chave, Planning Manager Jerry Shuster, Stormwater Eng. Program Mgr. Rob English, City Engineer Kernen Lien, Planner Scott Snyder, City Attorney Sandy Chase, City Clerk Jana Spellman, Senior Executive Council Asst. Jeannie Dines, Recorder 1. APPROVAL OF AGENDA COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. (Council President Bernheim and Councilmember Buckshnis were not present for the vote.) 2. CONSENT AGENDA ITEMS COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PLUNKETT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: A. ROLL CALL B. APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 24, 2010. C. APPROVAL OF CITY COUNCIL MEETING MINUTES OF AUGUST 31, 2010. D. APPROVAL OF CLAIM CHECKS #120864 THROUGH #120962 DATED AUGUST 26, 2010 FOR $431,895.06, AND CLAIM CHECKS #120963 THROUGH #121100 DATED SEPTEMBER 2, 2010 FOR $339,226.45. APPROVAL OF PAYROLL DIRECT DEPOSIT AND CHECKS #49749 THROUGH #49806 FOR THE PERIOD AUGUST 16, 2010 THROUGH AUGUST 31, 2010 FOR $662,509.81. E. ACKNOWLEDGE RECEIPT OF CLAIMS FOR DAMAGES FROM LISA HANLON ($557.45) AND FROM TERRY CANFIELD ($663.79). F. AM-3347 INTERLOCAL AGREEMENT WITH THE LAKE BALLINGER/MCALEER CREEK WATERSHED FORUM. G. PROCLAMATION DECLARING SEPTEMBER "NATIONAL ALCOHOL AND SUBSTANCE ABUSE RECOVERY MONTH." Packet Page 4 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 2 3. PUBLIC HEARING ON PROPOSED UPDATES TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 20.15A ENVIRONMENTAL REVIEW (SEPA). THE UPDATE IS BEING CONDUCTED AS PART OF THE CITY’S COMPREHENSIVE REVIEW OF ITS DEVELOPMENT REGULATIONS. THE UPDATE IS BEING DONE TO ENSURE ECDC 20.15A IS CONSISTENT WITH WAC 197-11, WAC 173-806, AND THE CITY OF EDMONDS COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS. THIS UPDATE INCLUDES PROPOSED INCREASES TO CATEGORICAL EXEMPTION FLEXIBLE THRESHOLD LEVELS FOR THE MEDICAL/HIGHWAY 99 ACTIVITY CENTER AS DEFINED BY THE CITY OF EDMONDS COMPREHENSIVE PLAN. Councilmember Plunkett observed there was no recommendation from Mayor and Staff for Agenda Item 3 or 4 nor any potential action. He asked whether these were public hearings with future potential action or was it anticipated the Council would take action tonight. Council President Bernheim explained after the public hearing the Council would determine how to proceed. Mayor Cooper advised this item began before he was the Mayor and there was no recommendation from the Mayor at this time. Councilmember Plunkett asked the difference between Agenda Items 3 and 4, observing that the narratives in the agenda memos were nearly the same. Mayor Cooper explained the items were split at the Council’s request when the Council last discussed it. Associate Planner Kernen Lien explained when this topic was introduced to the Council in July, it was decided to split the Planning Board’s recommendation. His presentation this evening included an introduction that applied to both areas, the Medical/Highway 99 Activity Center and the Highway 99 Corridor. When Mr. Lien reached the end of the introduction, he suggested the Council make a determination whether to hear the presentation on both areas before opening the public hearing. Mr. Lien explained Washington State’s Environmental Policy Act (SEPA) was first adopted in 1971. Among other things, the law requires all state and local governments within the state to: • “Utilize a systematic, interdisciplinary approach which will insure the integrated use of the natural and social sciences and the environmental design arts in planning and in decision making which may have impact on man’s environment,” and • Ensure that “...environmental amenities and values will be given appropriate consideration in decision making along with economic and technical considerations...” (RCW 43.21C.030(2)(a) and (2)(b). Any governmental action may be conditioned or denied pursuant to SEPA. The environmental review process in SEPA is designed to work with other regulations to provide a comprehensive review of a proposal. Where most regulations focus on a particular aspect of a proposal, SEPA requires identification and evaluation of probable impacts of all elements of the environment. Proposals can be project proposals such as fill and grade, new development, etc. or they can be non-project proposals such as Comprehensive Plan changes, rezones, etc. The City of Edmonds SEPA regulations are codified in Edmonds Community Development Code (ECDC) 20.15A. The City’s first SEPA regulations were adopted in 1976. In 1984 the City adopted Ordinance No. 2461 which created ECDC 20.15A to be compliant with new SEPA rules in WAC 197-11 and model SEPA ordinances in WAC 173-806. The SEPA regulations the City uses today are essentially the same ordinance that was adopted 25 years ago having undergone only minor amendments during that time. Due to changes in the WAC, RCW and the City’s own development regulations since the SEPA ordinance was adopted, the update to ECDC 20.15A is long overdue. Packet Page 5 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 3 This update focused on the following four issues: • Adoption by Reference – WAC 197-11 ECDC 20.15A adopts by reference significant portions of WAC 197-11, the State’s SEPA rules. Sections of 197-11 have been added or removed since the City adopted its SEPA regulations in 1984 particularly in regard to SEPA-GMA integration. This update reviewed the changes in WAC 197-11, the adopted list in 20.15A to ensure the City is up-to-date and compliant with the State’s regulations. • Model Code – WAC 173-806 ECDC 20.15A is largely based on the State’s model code in WAC 173-806. There have been changes to the model code since 1984. This update reviewed the model code and made changes to the City’s SEPA regulations where appropriate to ensure the City is up-to-date and compliant with the State’s regulations. • Consistency within ECDC The City’s development code has undergone a number of amendments since 1984. This update ensures the SEPA regulations are consistent with the rest of the City’s development regulations. • Categorical Exemptions Flexible Thresholds The State’s rules allow local jurisdictions to modify the categorically exempt flexible threshold levels for certain minor new development. Once the threshold is reached, a SEPA review is required. Mr. Lien reviewed the Categorical Exemptions Thresholds in WAC 197-11-800(1) where the City could adjust the thresholds: • The construction or location of any residential structures of four dwelling unit – Can be modified up to 20 dwelling units. • The construction of agricultural buildings – Does not apply in Edmonds. • The construction of an office, school, commercial, recreational, service or storage building with 4,000 square feet of gross floor area, and associated parking facilities designed for 20 automobiles – Can be modified up to 12,000 square feet and 40 automobiles. • The construction of a parking lot designed for 20 automobiles – Can be modified up to 40 automobiles. • Any landfill or excavation of 100 cubic yards – Can be modified up to 500 cubic yards, and has been at 500 cubic yards since 1984 when the City adopted the ordinance that established 20.15A. In response to a question raised by the Council regarding why consideration should be given to adjusting the flexible thresholds, Mr. Lien explained: • State Rules allow the City to adjust exempt levels where “supported by local conditions, including zoning or other land use plans or regulations.” • Determining the environmental impact of a development depends on context and intensity. Context may vary by physical setting; intensity depends on the magnitude and duration of the impact. Some proposals may have a significant impact in one location but not in another. • The Comprehensive Plan provides policy guidance on what type of development should be encouraged in different areas of the City. The Medical/Highway 99 Activity Center and Highway 99 Corridor are identified as areas for more intensive development and areas where the City is interested in expanding the economic tax base of the City by providing incentives for businesses and commercial development. • Comprehensive Plan also provides guidance regarding streamlining the permit process. Mr. Lien provided several excerpts from the goals and policies of the Comprehensive Plan with regard to the Highway 99 Corridor and Medical/Highway 99 Activity Center. Packet Page 6 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 4 • Highway 99 is recognized as a “…high-intensity development corridor.” (Pg. 59) • The Medical/Highway 99 Activity Center “…is intended to be an intensively development mixed use, pedestrian friendly environment…” (Pg. 59) • Goals for the Medical/Highway 99 Activity Center and Highway 99 Corridor include: o To expand the economic and tax base of the City of Edmonds by providing incentives for business and commercial redevelopment in a planned activity center; o Recognize and plan for the distinct difference in opportunities and development character provided by the Highway 99 corridor versus the local travel access patterns on local streets; (Pg. 59) • Policy A.6 of the Activity Center and Corridor Section states: o Uses adjoining the Highway 99 corridor should provide more intensive levels of mixed use development. (Pg. 60) • The Highway 99 Corridor: o Its economic vitality is important to Edmonds and should be supported. Commercial development in this area is to be encouraged to its maximum potential. (Pg. 71) • In-fill Development: o The overall plan direction has been termed “designed infill” and can be seen in the City’s emphasis and continued work on streamlining permitting, revising codes to provide more flexible standards, and improving its design guidelines. (Pg. 150) • Edmonds Economic Development Plan o Promote a results-oriented permit and licensing process, which consolidates review timelines, eliminates unnecessary steps, and maintains a strong customer service approach. (Pg. 14) Mr. Lien summarized the Comprehensive Plan identifies the Medical/Highway 99 Activity Center and the Highway 99 Corridor as areas where more intensive development is appropriate. Increasing the SEPA threshold for these areas is one way to achieve Comprehensive Plan goals and policies for encouraging development and streamlining the permit process. The Planning Board undertook a thorough review of the Categorical Exemption Threshold levels and recommended the following: • For landfills and excavations in WAC 197-11-800(1)(b)(v) maintain 500 cubic yards in all locations through the City. • Increase flexible threshold in the Highway 99 Corridor and Medical/Highway 99 Activity Center as follows: o Residential units: 20 units o New construction: 12,000 square feet o Parking: 40 spaces o Landfill or excavation: 500 cubic yards (no change) When this matter was last presented to the Council, a decision was made to split the Planning Board’s recommendation into parts for the public hearing. Consistency with RCW, WAC, and ECDC applies to both proposals. One proposal increases flexible thresholds for the Medical/Highway 99 Activity Center and the second proposal increases flexible thresholds for Highway 99 Corridor. The above information applies to both the Medical/Highway 99 Activity Center and the Highway 99 Corridor. Medical/Highway 99 Activity Center Mr. Lien displayed a map identifying the boundaries of the Medical/Highway 99 Activity Center, 208th Street to the north, 80th Avenue to the west, Highway 99 to the east and 228th Street SW to the south. He reiterated the statements in the Comprehensive Plan about the Medical/Highway 99 Activity Center, that it is intended to encourage the development of a pedestrian and transit oriented area focused on two Packet Page 7 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 5 master planned developments, Stevens Hospital and Edmonds-Woodway High School with the related high intensity development corridor along Highway 99. The overall character of the Medical/Highway 99 Activity Center is intended to be an intensively developed mixed use, pedestrian-friendly environment in which buildings are linked by walkways served by a centralized parking and landscaping to promote pedestrian activity in a park-like atmosphere. Mr. Lien displayed a map of the Comprehensive Plan designations within the Medical/Highway 99 Activity Center, explaining the Medical/Highway 99 Activity Center is an overlay, not a Comprehensive Plan designation. The Comprehensive Plan designations within the Medical/Highway 99 Activity Center include Highway 99 Corridor, Public near the High School, Medical around the hospital, Mixed-Use in the center and Single Family Urban. He displayed a map of the zoning within the Medical/Highway 99 Activity Center that exemplifies the mixture of uses in the area that include General Commercial along Highway 99 (CG and CG2), Community Business, Neighborhood Business, Public, Single Family and Multi Family zones. The Planning Board’s recommendation for increasing the Categorical Exemption Threshold levels for the Medical/Highway 99 Activity Center are: • For landfills and excavations in WAC 197-11-800(1)(b)(v) maintain 500 cubic yards in all locations through the City • Increase flexible threshold as follows: o Residential units: 20 units o New construction: 12,000 square feet o Parking: 40 spaces o Landfill or excavation: 500 cubic yards (no change) With regard to the impact of increasing the flexible thresholds in the Medical/Highway 99 Activity Center, Mr. Lien explained a total of 193 SEPA reviews have been conducted by the City between January 2004 and July 2010. Of those, 113 would be subject to the flexible thresholds. Of the 113, 95 exceeded 500 cubic yards fill and/or grade. He noted the largest trigger for SEPA review is fill and grade. If the proposed increase in the flexible thresholds for the Medical/Highway 99 Activity Center were in place, 2 of the 193 projects would have been exempt from SEPA review. He emphasized SEPA is only one part of the regulatory requirements; the City has other processes and regulations to provide public notice and hearing opportunity and to control issues that would be considered such as transportation impacts and Critical Areas regulations. SEPA cannot control the level of development on a property; it can only condition development based on impacts that are not otherwise addressed in the code. SEPA has very little impact on development in single family zones. Mr. Lien provided a case study for a 10-lot residential development in the Medical/Highway 99 Activity Center, stressing this was a hypothetical development on real property. • Subject Site and Assumptions o 7723 and 7807 220th Street SW o Three parcels totaling 1.92 acres o Zoned RS-8 o Assumes SEPA exemption thresholds have been increased • 10-lot subdivision • Formal Subdivision – Five or more lots • Multi-Step review and approval process o Preliminary Approval – Type III-B decision before Hearing Examiner Packet Page 8 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 6 o Civil Design Review and Approval o Construction of improvements or Bonding o Final Approval – Type IV-A decision before City Council • Formal Subdivision review criteria in ECDC 20.75.085 o Environmental Minimize impacts or impose restrictions to avoid impacts Minimize grading Can be denied if hazardous to future residents or nearby property owners Designed to minimize offsite impacts o Lot and Street Layout Contain usable building area Special provisions to minimize traffic hazards Zoning Dimensional Requirements Pedestrian walks or bicycle paths o Dedications City Council may require dedication of land for public use City Council may approve dedication of park land Dedication of land for streets o Improvements Streets, curbs, sidewalks, stormwater, utilities, etc. Improvements determined by ECDC Title 18 and Chapter 19.75 Fire Code Septic may be approved if certain conditions are met o Comply with Flood Plain Management • City Development Codes that may apply o ECDC 16.20 Single- Family Residential o ECDC 17.10 Bonds o ECDC 17.50 Off-Street Parking o ECDC 18.05 Utility Wires o ECDC 18.80 Streets and Driveways o ECDC 18.82 Traffic Impact Fees o ECDC 18.85 Street Trees o ECDC 18.90 Sidewalks o ECDC 18.10 Sewers o ECDC 18.30 Stormwater Management o ECDC 18.40 Grading and Retaining Walls o ECDC 18.45 Land Clearing and Tree Cutting o ECDC 19.25 Fire Code o ECDC 20.75 Subdivisions o ECDC 23.40 – ECDC 23.90 Critical Area Regulations • Review for consistency with development regulations o The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied o The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density o Availability and adequacy of infrastructure and public facilities identified in the Comprehensive Plan o Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW • Notice of Application and Public Hearing o Publish Everett Herald o Post Subject Site o Mail to property owners within 300 feet Packet Page 9 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 7 o City of Lynwood (subject property within 1 mile of Lynnwood) o Snohomish County (subject property adjacent to Snohomish County) • Public Hearing before Hearing Examiner o Type III-B decision o Appealable to City Council • Applicant prepares civil design • Civil Design Review and Approval by City’s Engineering Division • Once civil design approved, applicant must complete or bond for the required improvements • Final Approval o Type IV-A decision by City Council o Type IV-A decisions require public notice Notice published in Everett Herald Posted on site Mailed to property owners within 300 feet o City Council’s decision appealable to Superior Court Mr. Lien explained to this point it was assumed the project would be exempt from SEPA. When a project is reviewed for SEPA, it must meet all the exemption threshold levels. In the above case study, a 10-lot subdivision would meet the exemption threshold but it would require significant improvements for sidewalks, roads, utilities, stormwater, etc. which would likely exceed the 5,000 cubic yard threshold. Had SEPA applied to this project, SEPA review would be conducted with the underlying subdivision application. In addition to the land use consistency review, the City will review the proposed subdivision for consistency with RCW 43.21C (SEPA), the SEPA rules in WAC 197-11, and the City’s SEPA regulations in ECDC 20.15A and will: • Determine whether applicable regulations require studies to adequately analyze all of the proposed project’s specific probable adverse environmental impacts. • Determine whether applicable regulations require mitigation measures to adequately address identified environmental impacts. • Provide prompt and coordinated review by other government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. • It is only when existing local, state, or federal regulations do not provide adequate mitigation that additional conditions under SEPA may be applied. Mr. Lien reviewed SEPA notice requirements: • SEPA Threshold Determinations are Type II decisions requiring public notice • SEPA notice likely combined with Notice of Application and public hearing • Additional SEPA notice requirements o Other agencies with jurisdiction o Department of Ecology o Posted on SEPA Register at Ecology • SEPA comment period & appeal o 14-day comment period on Threshold Determination o Threshold Determination appealable to Hearing Examiner Mr. Lien summarized key points from this case study: • Formal Subdivisions have significant review criteria that must be met • Public notice and public hearing are required • SEPA does not significantly add to the review process for formal subdivision Packet Page 10 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 8 It was the consensus of the Council to combine the public hearing on the Medical/Highway 99 Activity Center and the Highway 99 Corridor and Mr. Lien proceeded with his presentation regarding the Highway 99 Corridor. 4. PUBLIC HEARING ON PROPOSED UPDATES TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 20.15A ENVIRONMENTAL REVIEW (SEPA). THE UPDATE IS BEING CONDUCTED AS PART OF THE CITY’S COMPREHENSIVE REVIEW OF ITS DEVELOPMENT REGULATIONS. THE UPDATE IS BEING DONE TO ENSURE ECDC 20.15A IS CONSISTENT WITH WAC 197-11, WAC 173-806, AND THE CITY OF EDMONDS COMPREHENSIVE PLAN AND DEVELOPMENT REGULATIONS. THIS UPDATE INCLUDES PROPOSED INCREASES TO CATEGORICAL EXEMPTION FLEXIBLE THRESHOLD LEVELS FOR THE HIGHWAY 99 CORRIDOR AS DEFINED BY THE CITY OF EDMONDS COMPREHENSIVE PLAN. Mr. Lien provided a map of the Highway 99 Corridor, a narrow corridor from approximately 210th Street SW to the north to 244th Street SW/Lake Ballinger Way to the south. He referred to the Comprehensive Plan policies for the Highway 99 Corridor that state uses adjoining the Highway 99 corridor should provide more intensive levels of mixed use development and the Highway 99 corridor’s economic vitality is important to Edmonds and should be supported. Commercial development in this area is to be encouraged to its maximum potential. Mr. Lien displayed a map of Highway 99 Corridor Comprehensive Plan designations, explaining that unlike the Activity Center which is an overlay with several Comprehensive Plan designations, the Highway 99 Corridor itself is a Comprehensive Plan designation. He provided a map of the zoning within the Highway 99 Corridor; the majority is CG (60 foot building heights) and CG2 (75 foot building heights), there is also BC and BN zoning as a transition to the residential neighborhoods and limited amounts of multi family zoning on the fringes of the corridor. The Planning Board’s recommendation for increasing the Categorical Exemption Threshold levels for the Highway 99 Corridor are the same as the Medical/Highway 99 Activity Center: • For landfills and excavations in WAC 197-11-800(1)(b)(v) maintain 500 cubic yards in all locations through the City. • Increase flexible threshold as follows: o Residential units: 20 units o New construction: 12,000 square feet o Parking: 40 spaces o Landfill or excavation: 500 cubic yards (no change) With regard to the impact of increasing the flexible thresholds in the Highway 99 Corridor, Mr. Lien explained a total of 193 SEPA reviews have been conducted by the City between January 2004 and July 2010. Of those, 113 would be subject to the flexible thresholds. Of the 113, 95 exceeded 500 cubic yards fill and/or grade. If the proposed increase in the flexible thresholds for the Highway 99 Corridor were in place, 1 of the 193 projects would have been exempt from SEPA review. He reiterated SEPA is only one part of the regulatory requirements; the City has other processes and regulations to provide public notice and hearing opportunity and to control issues that would be considered such as transportation impacts and Critical Areas regulations. SEPA cannot control the level of development on a property; it can only condition development based on impacts that are not otherwise addressed in the code. Mr. Lien provided a case study for a mixed use development in the Highway 99 Corridor, reiterating this was a hypothetical development on real property. • Subject Site and Assumptions Packet Page 11 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 9 o 23320 Highway 99 o Two parcels totaling 2.29 acres o Zoned CG o Assumes SEPA exemption thresholds have been increased • Mixed use Development o 12,000 square feet commercial area on ground floor o 20 residential units above o Permitted Use in CG Zone (CG is the most permissive zone, the only use in CG zone that requires Conditional Use Permit is an aircraft landings strip) Staff Review, no public hearing required Type I Design on District Base Design Review conducted by staff • Reviewed for consistency with development regulations o The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied o The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density o Availability and adequacy of infrastructure and public facilities identified in the Comprehensive Plan o Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW • City Development Codes that may apply o ECDC 16.60 CG – General Commercial: CG and CG2 Zones o ECDC 17.10 Bonds o ECDC 17.50 Off-Street Parking o ECDC 18.05 Utility Wires o ECDC 18.10 Sewers o ECDC 18.30 Stormwater Management o ECDC 18.40 Grading and Retaining o ECDC 19.15 Mechanical Code and Fuel Gas Code o ECDC 19.20 Plumbing Code o ECDC 19.25 Fire Code o ECDC 19.30 Energy Code o ECDC 19.35 Ventilation Code o ECDC 19.45 Housing Code o ECDC 19.55 Electrical Code Walls o ECDC 18.80 Streets and Driveways o ECDC 18.82 Traffic Impact Fees o ECDC 18.85 Street Trees o ECDC 18.90 Sidewalks o ECDC 18.95 Parking Lot Construction o ECDC 19.00 Building Code o ECDC 19.05 Residential Building Code o ECDC 20.12 District Based Design Review o ECDC 20.13 Landscaping Requirements o ECDC 20.15A Environmental Review (SEPA) o ECDC 20.60 Sign Code o ECDC 23.40 – ECDC 23.90 Critical Area Regulations When a project is reviewed for SEPA, it must meet all the exemption thresholds. This case study has 12,000 square feet of commercial area and 20 residential units which would meet the exemption under the increased threshold levels. However, during consistency review, the off-street parking regulations in ECDC 17.50 are also reviewed. Assuming the 20 residential units are 2-bedroom, 1.8 parking spaces Packet Page 12 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 10 would be required for each or a total of 36 spaces. The 12,000 square feet of office with commercial service requires 1 space/400 square feet or 30 parking spaces. The total parking required would be 66 spaces which would exceed the SEPA exemption threshold of 40 parking spaces. Mr. Lien reviewed the project review process for this case study: • Pre-application conference o A form that lists the requirements for a complete application o A general summary of the procedures to be used to process the application o The references to the relevant code provisions or development standards which may apply to approval of the application o The City’s design guidelines • Complete application o Routed to departments/divisions with permit review responsibility o Reviewed for consistency with Development Regulations o District Based Design Review • SEPA review conducted with underlying development permit application The City will review the proposed subdivision for consistency with RCW 43.21C (SEPA), the SEPA rules in WAC 197-11, and the City’s SEPA regulations in ECDC 20.15A and will: • Determine whether applicable regulations require studies to adequately analyze all of the proposed project’s specific probable adverse environmental impacts • Determine whether applicable regulations require mitigation measures to adequately address identified environmental impacts • Provide prompt and coordinated review by other government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level • It is only when existing local, state, or federal regulations do not provide adequate mitigation that additional conditions under SEPA may be applied Mr. Lien reviewed SEPA notice requirements: • SEPA Threshold Determinations are Type II decisions requiring public notice o Publish Everett Herald o Post subject site o Mail to property owners within 300 feet • Additional SEPA Notice Requirements o Other agencies with jurisdiction o Department of Ecology o Posted on SEPA Register at Ecology • City also posts SEPA determinations at City Hall, Public Safety Building, Library and Post office • SEPA Comment Period & Appeal o 14-day comment period on Threshold Determination o Threshold Determination appealable to Hearing Examiner o Design Review Type I decision appealable to Superior Court o Other permit decisions on the application may be appealable to Hearing Examiner or Superior Court depending on specific code section Mr. Lien summarized key points from this case study: • Highway 99 and CG zones are one of the most permissive areas in the City. Anything permitted or requiring a CUP in any other zone in the City is permitted outright in the CG zones other than an aircraft strip. Packet Page 13 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 11 • Projects must meet all SEPA exemptions in order to be exempt from SEPA review. The focus has been on flexible threshold levels, but there are also categorical exemptions, statutory exemptions, and several exemptions in WAC 197-11-800. If a project does not meet one of the exemption levels, SEPA would be required. • SEPA provides an opportunity for public comment and notice Councilmember Petso asked whether any changes had been made to the provisions in the code where the City prepares the SEPA checklist for the developer. Mr. Lien responded no changes were made and that section remains as it currently exists in the SEPA regulations. Completion of the SEPA checklist for a developer is an option in the model code. In his experience, no developers have asked staff to complete the SEPA checklist for them. One of the instances cited when staff would fill out the SEPA checklist was if misinformation had been provided in the past. If the City completed the SEPA checklist, the developer would be charged for that service. Councilmember Petso asked where the City’s code departed from the model code with its .025 section, the model ordinances refers to 158. Mr. Lien explained the section above .025 contains an adoption by reference list. WAC 197-11-158 is contained within the adoption by reference list, the same code the City has in another section, ECDC 20.04.002.C. Rather than adopt that section of WAC when an equivalent section in the City’s code, he referenced it in the adoption list. Councilmember Petso asked whether the section in the City’s code replacing the WAC makes it any less protective. Mr. Lien answered the language is essentially the same. Councilmember Petso noted the WAC mentions planning staff will review the environmental checklist. That was not stated in the substitute section. Mr. Lien answered that was a given, that was how a developer applied for SEPA review, they submitted a SEPA checklist. There are other sections that refer to the developer preparing a SEPA checklist. Councilmember Petso referred to the case studies Mr. Lien provided; the first example was a 10-unit subdivision on 2 parcels. She asked whether there would be public notice provided if the proposal was 4 units on the western parcel. Mr. Lien answered there would be public notice for a 4-lot subdivision which is a Type II decision. The same notice requirements would be required for a short plat as are required for a formal plat. The difference would be the preliminary approval of a short plat is a Type II staff decision, appealable to the Hearing Examiner versus preliminary approval for a formal subdivision which is a Type III-B decision which is appealable to the City Council. Councilmember Petso asked whether major projects on Highway 99 could be proposed without public notice. Mr. Lien answered if SEPA was not required, there could be major projects on Highway 99 without public notice because the CG zones are the most permissive zone in the City. There are other zones in the Highway 99 Corridor. Observing that the ability for staff to complete the SEPA checklist had been in the code for the past 25 years, Councilmember Plunkett assumed City Attorney Scott Snyder was comfortable with staff completing the SEPA checklist with regard to the City’s liability. Mr. Snyder referred to the Public Duty Doctrine that generally holds that neither the City nor City staff is liable for simple negligence absent an ultra-hazardous condition or special relationship. The completion of a SEPA checklist is akin to an inspection by a Building Inspector. Council President Bernheim asked who directed that this effort be undertaken, to rewrite Chapter 20.15A? Mr. Lien answered this is part of the comprehensive code rewrite. The points under review were first introduced at the Community Services/Development Services Committee in May 2009 and the question was asked whether to consider the categorical exemption since the Comprehensive Plan includes policies and goals for those two areas. Staff would have been remiss if they did not ask the question whether to consider it during the update. It was presented as an option to the Planning Board and the Planning Board Packet Page 14 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 12 decided that given the economic development direction from the Council, it should be considered. The Planning Board’s consideration resulted in the recommendation provided to the City Council. Council President Bernheim asked who suggested the categorical exemption for 40 parking spaces, 12,000 square foot building and 20 units? Mr. Lien stated it was staff’s suggestion. The Planning Board requested staff present proposals; that was one of several proposals considered by the Planning Board. Council President Bernheim referred to Section 20.15A.130.E.3 that states “The applicant’s proposed mitigation measures, clarifications, changes or conditions must be in writing and must be specific.” He expressed concern with the proposed additional language, “For example, proposals to “control noise” or “prevent stormwater runoff” are inadequate, whereas proposals to “muffle machinery to X decibel” or “construct 200-foot stormwater retention pond at Y location” are adequate.” Mr. Lien answered that language was taken from the model ordinance. Council President Bernheim referred to a section that states the City shall share the EIS consultant rather than the City having sole authority. Mr. Lien answered that was also taken from the model ordinance. Council President Bernheim asked why this much time was being spent on the amendment if it would have only impacted 2 projects in the past 25 years? Mr. Lien answered he was surprised by the number of projects that would not be exempt by the proposal. The Planning Board recommended this amendment as part of the SEPA update. Councilmember Buckshnis asked how long it took to complete a SEPA checklist. Mr. Lien answered it depends on the complexity of the project; it could take one to a few hours depending on the person’s familiarity with the project and how much information is included. Councilmember Buckshnis commented in view of all the other requirements, completing a checklist would not be much more burdensome. Mr. Lien answered the checklist was only part of the process. SEPA adds to the permit “hoops” a developer would need to go through. The Comprehensive Plan addresses streamlining the permit process. This was one thing that could be done to streamline the permit process. Mayor Cooper opened the public participation portion of the public hearing. Colleen McDonald, Edmonds, a resident of unincorporated Esperance within 300 feet of the Medical/Highway 99 Activity Center, expressed her opposition to the proposed changes to the exemption thresholds for the Activity Center area. One of the goals for the Medical Activity Center in the City’s Comprehensive Plan is to avoid encroaching into single family neighborhoods; this proposed change would do just that. While the proposed change would only affect a small number of projects according to planning staff, the magnitude of the increase is substantial for those living next to a project; 4 houses to 20 houses, 40,000 square feet to 12,000 square feet for commercial building, and 20 parking spaces to 40 parking spaces. She pointed a large residential neighborhood was currently included in the Medical Activity Center and sections of the Center border other neighborhoods. She supported development in appropriate locations and would be willing to consider changes if there were a way to appeal an exemption; according to the current wording, an exemption was final and there was no opportunity for appeal. Approving this change would send a message to residents in neighborhood within the Medical Activity Center that commercial development was more important than preserving neighborhoods. She questioned the proposal to expand the threshold to the maximum allowed, commenting that may be appropriate for a large city but not for Edmonds. She urged the Council to vote against the proposed change in the interest of the families who live in the targeted areas. Todd Cloutier, Edmonds, commented the flexible thresholds could be omitted and the remaining changes adopted without any noticeable impact. He commented on the inappropriate use of SEPA to control development when the intent of SEPA is environmental protection. The City controls Packet Page 15 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 13 development via the development code not by misapplication of environmental concerns to achieve development goals. He acknowledged there were real development concerns in the Medical Activity Center area and there are numerous single family residences in that area. The area needs to be reviewed in more detail, an issue separate from this SEPA proposal. A recent proposal for a large medical facility in the Medical Activity Center zone located within a residential neighborhood highlighted the problem with the boundaries of the Medical Activity Center. SEPA is not the correct tool to stop that development; the development code is. The Planning Board recommended tailoring the SEPA review level to the area, areas with proposed raised thresholds are completely built out and the environment is already understood and development regulations prevent doomsday development regulations. The expected impact of changes to the flexible thresholds is minimal. SEPA checklists are not a large burden and if there is an environmental concern, it should be addressed. He recommended adoption of the proposed SEPA changes with the exception of the new flexible thresholds. To address the real development problems in the Medical Activity Center, he recommended a reassessment of the boundaries of that area in the Comprehensive Plan as well as a review of the zoning in that area. He voiced a similar concern along Highway 99, commenting that although Highway 99 was appropriately zoned, the areas directly adjacent should be considered as a transition area. Joe St. Laurent, stated he represents James Klug, the majority land owner on this block within the Medical/Highway 99 Activity Center. He relayed Mr. Klug’s concurrence with Ms. McDonalds’s and Mr. Cloutier’s comments. He stated Mr. Klug’s opposition to the proposed changes in the flexible thresholds. The neighborhood within the 200th Avenue West, 80th Avenue West, and 76th Avenue West area is a prosperous middle class neighborhood. Mr. Klug is a majority land owner on the block proposed to be developed by Kruger Clinic, Blue Star and Tony Shapiro into a 4-story, 30,000 square foot mixed commercial use medical building. This project is not a minor intrusion into the neighborhood; it will have a major impact on an area already impacted by traffic, drainage and congestion issues. It appears the City is trying to push development of this area and eliminate the middle class and affordable housing in this area for commercial enterprises that may provide minimal tax revenue to the City. If a project is exempt from SEPA, he wanted to ensure that due process was available for citizens to voice their concerns and participate in the process as well as the ability to appeal any decision. Marian Bacon, Edmonds, a resident on 220th for 48 years, explained 220th is very busy and a main corridor to Edmonds and she feared commercial development in their neighborhood would increase traffic volumes. Her neighborhood is a residential area and once businesses begin to move in, historically there is more than one business. Businesses locating in their neighborhood will reduce home values. She asked whether any Councilmember would be willing to have a commercial building across the street from their home. She concurred with the comments made by the previous speakers. Cathy Lester, Edmonds, a resident in the middle of the Activity Center, encouraged the Council to vote against the SEPA exemption in the Medical/Highway 99 Activity Center. She pointed out the diversity of neighborhoods in the Activity Center that includes many single family residential homes. A blanket exemption for larger developments is not feasible in an area where there is such diversity. The larger a development proposal is, 20 homes versus 4 homes, 12,000 square feet versus 4,000 square feet, the more important it is to have a thorough review of the project and SEPA is an integral part of the process. If as the case study provided by staff states, SEPA likely would not significantly add to the review process for the formal subdivision, she suggested keeping the review process as it currently exists. She questioned the compelling reason for adopting the SEPA exemption for these two areas. She did not support any reduction in the process or public notice for development of any size. She was also uncomfortable with leaving the Department of Ecology out of the process which the exemption would do. Roger Hertrich, Edmonds, recommended the Council not approve the proposed exemptions, pointing out the benefit to the developer versus the cost to Edmonds citizens was not balanced. Greater harm was possible to the environment and citizens’ right to participate under the proposed exemption. Changes in Packet Page 16 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 14 the Highway 99 Corridor zoning allowed nearly unlimited development; however, there are residential areas close to Highway 99 that are affected. He suggested the case study for the Medical/Highway 99 Activity Center was not the correct study; the medical center and accompanying parking lot would have been a more appropriate case study. He referred to Council President Bernheim’s question regarding how this proposal originated, envisioning it was staff-driven or it was simply change for the sake of change. He suggested the number of regulations referred to in the case study created the delay in the permit process, not SEPA. Rich Senderoff, Edmonds, pointed out comments regarding the Medical Activity Center highlight concerns with the borders of that zone. He agreed with Mr. Cloutier’s suggestion to reassess the boundaries of the Medical Activity Center as well as the zoning within that area and suggested that be done before the SEPA thresholds were changed. Bruce Witenberg, Edmonds, one of two citizen representatives on the Highway 99 Task Force for Economic Development and one of seventeen commissioners on the Economic Development Commission, stated he was not speaking on either group’s behalf but as a citizen who lives in the Aurora Marketplace Neighborhood near Highway 99. He supported intelligent economic development throughout the City. He did not support economic development that did not take into consideration the impact of development on long established neighborhoods. He supported the comments made in an email from Jim Underhill, his citizen colleague on the Highway 99 Task Force as well as the comments of Ms. McDonald and others in her neighborhood who spoke against the proposed changes. He urged the Council to build in protections for single family neighborhoods that surround Highway 99 and the Medical Activity Center before embarking on a relaxation of regulations that could adversely affect long established neighborhoods. Appropriate development on Highway 99 and in the Medical Activity Center should be permitted but as that development begins to encroach on and impact surrounding neighborhoods, neighborhood protections should be in place to appropriately lessen the encroachment and impact. Hearing no further comment, Mayor Cooper closed the public participation portion of the public hearing. Councilmember Wilson asked whether a change to the Comprehensive Plan needed to be initiated by the Council or citizens. Mr. Lien answered it could come from the Council or citizens. The deadline to submit a proposed Comprehensive Plan amendment is December 31. To place an item on the docket for next year, it would need to be submitted by December 31, 2010. Councilmember Wilson asked whether the Council could request an emergency amendment be expedited this year. Mr. Lien answered it would be difficult to complete a Comprehensive Plan change by yearend. Councilmember Wilson asked whether the Council should give the Planning Board specific direction to consider the boundaries of the Medical Activity Center. Mr. Lien explained that was an issue separate from the proposed SEPA update under discussion. If the City Council chose, they could provide policy direction to the Planning Board to consider the boundaries of the Medical Activity Center. With regard to how this proposal originated, Councilmember Wilson recalled an April 21, 2009 meeting when 65 citizens on the Levy Review Committee stated, 1) we need a levy, and 2) to avoid a future levy, the City needs to work on economic development. In addition, the Council passed a resolution creating an Economic Development Commission. Within that context, it was reasonable that the Planning Board and staff would look for ways to expedite economic development. It is now 14-16 months later, there are three new Councilmembers and a new Mayor. He appreciated staff and the Planning Board asking the question, commenting it was now up to the Council to make a decision. Council President Bernheim expressed concern that major policy changes were included in the draft along with updates that were technical corrections. The proposed change to the SEPA threshold seemed like a very low priority but has consumed a great deal of staff and Planning Board time. He preferred that Packet Page 17 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 15 planning staff work on green building codes, incentives for development based on energy efficiency, preservation of view corridors, etc. He did not support the repeal of environmental safeties to facilitate development which is what this sounded like to him. He did not support eliminating environmental policy procedures for an entire class of development in the name of economic development. Because Highway 99 and the Medical Activity Center are economic development zones did not mean they should be exempt from environmental protections. He preferred the entire City be subject to SEPA review. Council President Bernheim expressed concern that this amount of work had been done with only one presentation to the Community Services/Development Services Committee and no request for guidance from the Committee. The only City Council involvement following the presentation to the Committee was the presentation staff provided in July. He did not want the Planning Board to view this as another effort on which the Council did not act. He did not want the message to be that the Council was interested in promoting economic development by repealing environmental regulations. He acknowledged many of the technical updates were non-controversial. Councilmember Plunkett agreed the motive for the proposal was as Councilmember Wilson described but in this case the Planning Board got it wrong. He would have preferred the Planning Board bring the policy issue of whether to increase the SEPA threshold to the Council prior to providing a recommendation on the updates for consistency along with a change in the policy. That would have achieved both objectives, 1) the technical update, and 2) determining whether the Council was interested in pursuing an increase in the SEPA threshold. Councilmember Petso suggested staff return the proposal to the Council with the technical corrections and without the change in the flexible thresholds. Mr. Lien clarified the Council was not interested in repealing the 500 cubic yards that has applied throughout the City for 25 years, only the Activity Center and the Highway 99 corridor. Councilmember Petso agreed, expressing her intent to leave the policy thresholds as they are and make the other technical updates to better conform to the model ordinance. She was not proposing a change to the grading threshold. COUNCILMEMBER PETSO MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ASK STAFF TO BRING BACK THE SEPA UPDATES WITHOUT THE PROPOSED CHANGES TO THE FLEXIBLE THRESHOLD. Councilmember Peterson concurred with Councilmember Wilson’s explanation that direction for this review came from the Council as a result of the Levy Review Committee’s recommendation and the formation of an Economic Development Commission. The Council has told staff and citizen groups to look for positive economic development efforts. He emphasized the zoning would not change under the proposal to increase the SEPA threshold; SEPA is a minor part of a development proposal. As an environmentalist, he supports SEPA but wants to ensure citizens are aware that it is the development code and zoning that protects single family neighborhoods, not SEPA. He recalled the proposal by the Kruger Clinic would have required an extensive review; SEPA review would not have prevented that development. He clarified neither staff, the Planning Board nor the Council was interested in radically changing policy; the policy is in the zoning code and development code, not in the SEPA regulations. He expressed his support for the motion. Councilmember Plunkett clarified he did not mean that the Planning Board should not explore things, he was suggesting the process was wrong when major policy changes did not come to the Council first before the Planning Board spent time on it. MOTION CARRIED UNANIMOUSLY. Packet Page 18 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 16 Councilmember Wilson suggested redefining the boundaries of the Medical Activity Center as part of the 2011 Comprehensive Plan docket. He recalled the overwhelming lesson at the time of the Kruger Clinic’s proposal was that the Medical Activity Center was poorly defined which created conflicts between the City’s vision for the area and how it was described in the Comprehensive Plan. Councilmember Petso suggested the Community Services/Development Services Committee discuss a Comprehensive Plan amendment at their next meeting and return to Council with a plan of action. Mr. Snyder suggested a motion to docket review of the language and limits of the Medical/Highway 99 Activity Center in next year’s Comprehensive Plan amendment. Councilmember Wilson clarified the Council could docket a proposed question without an answer to the question. Mr. Snyder answered yes, explaining it kept all the options open. Councilmembers Peterson and Petso expressed support for docketing review of the language and limits of the Medical/Highway 99 Activity Center. COUNCILMEMBER WILSON MOVED, SECONDED BY COUNCILMEMBER PETERSON, TO PLACE REVIEW OF THE MEDICAL ACTIVITY CENTER ON THE 2011 COMPREHENSIVE PLAN DOCKET. MOTION CARRIED UNANIMOUSLY. 5. AUDIENCE COMMENTS Natalie Shippen, Edmonds, reiterated her question, how the ferry system plans to spend $26 million in Edmonds and why the eight elected officials in Edmonds do not know how those funds will be spent. She suspected the reason elected officials did not know the answer was because the elected officials have never asked the ferry system that question; the email Mr. Clifton sent to the ferry system stated Ms. Shippen was asking the question. The ferry system’s response has been the funds are a placeholder. Next, she asserted the City had never asked the ferry system what one improvement project would be built with the $26 million. She urged the Mayor and Council to ask the ferry system what the $26 million would be spent on. To the comment that this is far in the future, she pointed out the project would be built in 19 years, and the ferry system must know what the project is. She objected to the suggestion to appeal to the legislature with regard to this issue, anticipating they would have little interest. She assumed the project was a second slip at the main street terminal and planned to pursue discussion of the second slip and the Edmonds Crossing “crackpot scheme.” Barbara Tipton, Edmonds, Steering Committee Member of the Edmonds Backyard Wildlife Project, spoke in favor of the ordinance to create a Citizens Tree Board. Last April, Edmonds received Community Wildlife Habitat certification from the National Wildlife Federation following nearly two years of dedicated work by Laura and Paul Spehar and a committee with the support of 191 residential property owners, 5 schools and 19 parks and green zone managers who registered their properties as backyard wildlife habitats. The Tree Board will engage in several sub-projects that include, 1) developing a tree ordinance designed to preserve and protect existing trees and encourage planting of additional trees, 2) increasing community outreach and education regarding the value of trees, proper selection of trees and current methods of planting and carrying for trees, 3) working with citizen groups to organize invasive plant removal and native vegetation planting in conjunction with the Department of Parks, Recreation and Cultural Services, 4) sponsoring an annual Arbor Day event, 5) working toward achievement of Tree City USA status. Meetings will be open to the public and minutes will be filed with the City Clerk’s Office. Dr. Richard Senderoff and she met with Planning Manager Rob Chave and Parks Director Brian McIntosh who reviewed and provided input on the ordinance. The ordinance has also been reviewed by the City Attorney Scott Snyder. Once the ordinance to create the Tree Board is approved by the Council, the Mayor’s office will prepare a press release seeking applicants for the Tree Board. She encouraged all interested parties to apply. Packet Page 19 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 17 Carlo Boley, Edmonds, expressed support for the creation of a Citizens Tree Board to provide oversight to the process of tree removal. He has helped organize a community greenbelt cleanup and removal of invasive species around the former Woodway Elementary and Madrona Schools. He envisioned the Tree Board could provide support for such efforts. He noted one of the goals of the Mayor’s Climate Protection Agreement is to reduce the City’s carbon emissions by 7% below 1990 levels by 2012; protecting trees is one way to achieve this goal. Roger Hertrich, Edmonds, asked whether the City could still collect taxes that funded the water and sewer bonds after the bonds were paid off. He concurred with Ms. Shippen’s request that the Mayor and Council should ask the ferry system how they plan to spend $26 million in Edmonds. Next, he objected to the Planning Department’s efforts to incorporate PRD regulations into the subdivision ordinance. Observing that a PRD is a special type of zoning that provides protection for neighborhoods, he urged the Council to instruct the Planning Board to discontinue that effort. He summarized if PRDs were eliminated, there would not be any perimeter requirements. Sheri Cam, Edmonds, a Floretum Garden Club Member, Snohomish County Master Gardener, Backyard Habitat, Plant Amnesty Member, and Heritage Tree Foundation promoter in Seattle, expressed support for establishing a Tree Board in Edmonds. She encouraged Edmonds to also establish a Heritage Tree Program. 6. UPDATE FROM PLANNING BOARD ON PRD/SUBDIVISION STUDY, PRD PERIMETER BUFFER ORDINANCE AND PLANNING BOARD NEEDS/PRIORITIES. Council President Bernheim observed the Planning Board indicates they plan to review the perimeter buffer issue next week and hold a public hearing in late October. He suggested the Council review the Planning Board’s Work Plan and he will schedule discussion of the Work Plan on a future agenda. 7. CONTINUED DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED “TREE BOARD.” Planning Manager Rob Chave explained this topic was discussed at the Community Services/ Development Services Committee. The Tree Board is proposed in support of Tree City USA as well as to undertake proactive efforts. If and when the Tree Board begins to review City regulations, they will need Council approval because that effort will require substantial staff time. The Tree Board will do a lot of their work because there will not be any staff directed to that effort. He requested the Council clarify whether the Council President or Mayor would appoint the alternate and how replacement members would be appointed. The standard process is for the Mayor to make appointments which are then confirmed by the Council. Council President Bernheim explained there is a question regarding the number of members. As proposed, there would be 7 members; it has been suggested there be up to 15 members. Another issue is appointment to staggered terms. He suggested if the Council approves the formation of the Tree Board, half the members be appointed to a full term and half appointed to a half term to provide some rotation. Mr. Chave relayed Mr. Snyder’s suggestion that the sunset clause in Section 2 be eliminated. Councilmember Wilson asked how the Tree Board would be staffed. Mr. Chave explained it would be similar to the Historic Preservation Commission where staff does what they can. Historic Preservation Commissioners do their own research. There is also no funding for minute taking for the Tree Board; they would be expected to elect a Secretary who would prepare minutes. Councilmember Wilson asked if a Tree Board was required to become a Tree City USA. Mr. Chave answered it was one of the requirements. Packet Page 20 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 18 Councilmember Wilson commented there was no other commission structured like this in the City; even the Historic Preservation Commission has a Council liaison. There was no provision for a Councilmember to participate on the Tree Board. Mr. Chave answered that was typical for most boards and commissions; there is not a direct Council liaison. Councilmember Wilson asked how the Tree Board could be structured to ensure the Board integrated the Council’s vision. Mr. Chave commented most boards and commissions periodically report to the Council. Providing staff and a minute taker for the Tree Board was a budget issue. Mr. Snyder commented the Tree Board was being created to develop a tree ordinance designed to preserve and protect trees. If the tree ordinance affected the zoning code, review and public hearing by the Planning Board would be required. Although the Tree Board would be subject to the Open Public Meetings Act, there are no public hearing requirements. Mr. Chave viewed the Tree Board as a fact- gathering advisory body. The Tree Board could also serve as a sounding board when the tree regulations are reviewed in the future. Councilmember Wilson supported having 7 members appointed by Councilmembers. He suggested rather than having half the members serve 3 years and half serving 4 years, the terms be 2 years and 4 years. He did not feel it was necessary to appoint an alternate. Although he supported the formation of a Tree Board and a tree ordinance and protecting and preserving as many trees as possible, he did not want to protect and preserve 100% of the trees in Edmonds. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE ORDINANCE WITH THE FOLLOWING CHANGES: 1. KEEP THE NUMBER OF MEMBERS AT 7. 2. REVISE THE LAST SENTENCE OF PARAGRAPH A ON PAGE 2 TO READ, “SUBSEQUENT TO THE INITIAL APPOINTMENTS, RECOMMENDATIONS FOR RENEWAL/REPLACEMENTS, WHEN REQUIRED, WILL BE MADE BY THE FULL COUNCIL.” 3. CHANGE 3 YEAR TERMS TO 2 YEAR TERMS. 4. REMOVE THE PROVISION REGARDING AN ALTERNATE MEMBER. 5. REMOVE THE SUNSET CLAUSE IN SECTION 2. Councilmember Wilson suggested clarifying in Section 10.95.010B that the terms correlate to the terms of Councilmembers. Council President Bernheim agreed. Mr. Snyder suggested the ordinance be revised in accordance with Council direction and scheduled on the Council’s next Consent Agenda. Councilmember Peterson referred to Section 10.95.010B that states each member may seek renewal for one additional term. He clarified if a person were appointed to a 2 year term, they could seek renewal for one additional term, a total of 6 years. Council President Bernheim agreed, noting subsequent to the initial appointments, all terms would be 4 years. Councilmember Plunkett asked whether other boards and commissions had term limits. Mr. Snyder answered there were on some. MOTION CARRIED UNANIMOUSLY. 8. MAYOR'S COMMENTS In response to Ms. Shippen, Mayor Cooper explained Mr. Clifton’s communication with the Washington State Ferries (WSF) was at his request and there have been several telephone conversations subsequent to the email Ms. Shippen referred to. Staff is pressing WSF but the answer they give is the answer they give and there was little more that could be done other than make the City’s position clear. He suggested the Packet Page 21 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 19 Council may want to consider making its position clear to WSF at some point. Their consistent answer has been it is a long term project 19 years in the future and the project has not yet been determined. He has a meeting scheduled with WSF’s executive director and he will raise the subject then. Mayor Cooper encouraged citizens to complete the customer satisfaction survey available on the City’s website. In the short time the survey has been available, approximately 80 responses have been received. He looked forward to reviewing the results of the survey with the Council later this month. Mayor Cooper congratulated Edmonds-Woodway High School’s football team who participated in the Red Onion Burger Intimidator’s Challenge, defeating Mountlake Terrace, Lynnwood and Meadowdale High School’s football teams. The Edmonds-Woodway High School’s football player finished 3.5 lbs. of food. As a result of Edmonds-Woodway High School’s football team winning the challenge, Mountlake Terrace Mayor Jerry Smith will be on display at halftime at one of Edmonds-Woodway High School’s football games dressed in feminine attire in Edmonds-Woodway colors. 9. COUNCIL COMMENTS Councilmember Peterson congratulated the citizens involved in forming the Tree Board and bringing the matter to the Council. This is a great opportunity for Edmonds to be a leader in environmental efforts. Councilmember Peterson announced a fundraiser at the Edmonds Center for the Arts on Friday, September 10 for a new 501(c)(3) started by an Edmonds resident that helps soldiers returning with Post Traumatic Stress Disorder. Further information is available at EC4arts.org or Operation Open Arms’ website, operation-open-arms.com Councilmember Buckshnis reported the 2010 Citizen Levy Committee is meeting Monday, September 13 at 6:00 p.m. in the Brackett Room. The team is working hard, looking at various aspects of a levy and how the City operates. The Committee had a presentation from Finance Director Lorenzo Hines at the last meeting and. Public Works Director Phil Williams will make a presentation at the September 13 meeting. Councilmember Buckshnis provided a reminder regarding the car show on Sunday, September 12. Councilmember Wilson expressed thanks to Parks and Recreation Director Brian McIntosh who is retiring after 27 years with the City. Councilmember Wilson explained he joined the Council in 2008; since April 1, 2009, 6 of the 10 director positions in the City have been vacated –Finance Director, Administrative Services Director, Parks Director, Fire Chief, Public Works Director, and the Development Services Director. He noted 3 of the 10 positions have not been filled since the position was vacated. He summarized that although there had been a lot of turnover on the Council and staff, the employees who serve the City continue to do a great job. Councilmember Plunkett congratulated Mr. McIntosh, noting he had always been available and helpful. He will be missed. Councilmember Plunkett reported on the special Finance Committee meeting that was held regarding the budget amendment presented to the Council. Mr. Hines spent 2 hours with 3 Councilmembers and 6-7 members of the public and satisfied about 80% of their questions. The Finance Committee has recommended to the Council President that the budget amendment not be scheduled on the Council agenda until two things are resolved, 1) an hour with Ms. Councilmember Petso to address additional questions, and 2) there is a $2 million accounting that is still being researched. The CAFR actual General Fund balance at the end of 2009 is $6 million. When that is moved forward via the amendment, the balance is $4 million including the emergency reserves according to Exhibit A in the quarterly report. Mr. Hines has said that money is rolled in and he can and will account for it. Councilmember Plunkett Packet Page 22 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 20 assured he was not saying the money was not there, it just has not been accounted for in the quarterly report. He referred to clauses in the resolution on financial accountability, Resolution 1266, that are incorporated in Chapter 3.04 Financial Reporting, which strongly suggest Mr. Hines having the information in his head and on his computer does not meet the financial reporting requirements. He summarized that when the amendment is presented to the Council, the Council should be able to see the numbers. Councilmember Wilson expressed appreciation to the Finance Committee for holding a special meeting. He expected none of the Councilmembers would say their expectations had been met with regard to financial reporting. He observed the $6 million at the end of 2009 was the actual. The $4 million in the quarterly report was based on the adopted budget. His understanding was there would be a $2 million net benefit to the actual reserves once the amendment was adopted which would make the $4 million in the Quarterly Report equivalent to the $6 million in the actual. Councilmember Plunkett preferred to see the numbers on paper. Mayor Cooper commented Councilmember Wilson’s explanation was accurate with regard to how the money flowed. It’s comparing apples and oranges by comparing the CAFR to the Quarterly Report, it’s actual versus budget. Council President Bernheim commented the objective of the budget amendment and the budget process was for the Council to understand what was going on. He looked forward to an understandable presentation. Council President Bernheim commented all the turnover of directors except in one case had been due to retirements which is a great testimony to the City. Council President Bernheim announced there are two vacancies on the Planning Board. He encouraged anyone interested in applying to contact the Mayor’s office. 10. ADJOURN With no further business, the Council meeting was adjourned at 9:19 p.m. Packet Page 23 of 602 AM-3376   Item #: 2. C. City Council Meeting Date: 09/21/2010 Time:Consent   Submitted For:Lorenzo Hines Submitted By:Debbie Karber Department:Finance Review Committee: Committee Action: Approve for Consent Agenda Type:Action  Information Subject Title Approval of claim checks #121101 through #121213 dated September 9, 2010 for $1,729,084.52, and claim checks #121214 through #121351 dated September 16, 2010 for $521,065.12. 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 expeditures. Fiscal Impact Fiscal Year:2010 Revenue: Expenditure:2,250,149.64 Fiscal Impact: Claims $2,250,149.64 Attachments claim checks 9-9-10 claim checks 9-16-10 Form Review Inbox Reviewed By Date Finance Lorenzo Hines 09/16/2010 01:53 PM City Clerk Sandy Chase 09/16/2010 01:55 PM Community Services/Economic Dev.Stephen Clifton 09/16/2010 03:18 PM Final Approval Sandy Chase 09/16/2010 03:30 PM Form Started By: Debbie Karber Started On: 09/16/2010 09:39 AM Final Approval Date: 09/16/2010  Packet Page 24 of 602 09/09/2010 Voucher List City of Edmonds 1 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121101 9/9/2010 065052 AARD PEST CONTROL 282862 RODENT CONTROL/MEADOWDALE RODENT CONTROL @ MEADOWDALE CC 001.000.640.576.800.480.00 82.12 RODENT CONTROL282873 RODENT CONTROL 001.000.640.576.800.480.00 93.08 RODENT CONTROL/MEADOWDALE285081 RODENT CONTROL @ MEADOWDALE 001.000.640.576.800.480.00 82.12 RODENT CONTROL285103 RODENT CONTROL 001.000.640.576.800.480.00 93.08 Total :350.40 121102 9/9/2010 066417 AIRGAS NOR PAC INC 101704547 M5Z34 CAL GAS 411.000.656.538.800.310.22 25.00 9.5% Sales Tax 411.000.656.538.800.310.22 2.38 Total :27.38 121103 9/9/2010 069751 ARAMARK 655-5098957 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 31.20 9.5% Sales Tax 001.000.640.576.800.240.00 2.96 Total :34.16 121104 9/9/2010 069751 ARAMARK 655-5098962 21580001 UNIFORMS 411.000.656.538.800.240.00 67.13 9.5% Sales Tax 411.000.656.538.800.240.00 6.38 Total :73.51 1Page: Packet Page 25 of 602 09/09/2010 Voucher List City of Edmonds 2 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121105 9/9/2010 064343 AT&T 425-776-5316 PARKS FAX MODEM PARKS FAX MODEM 001.000.640.576.800.420.00 83.14 Total :83.14 121106 9/9/2010 001801 AUTOMATIC WILBERT VAULT CO 14883 BURIAL SUPPLIES BURIAL SUPPLIES: MURZA 130.000.640.536.200.340.00 388.00 BURIAL SUPPLIES14925 BURIAL SUPPLIES: VAKULCHIK 130.000.640.536.200.340.00 388.00 BURIAL SUPPLIES14981 BURIAL SUPPLIES: KINLER 130.000.640.536.200.340.00 388.00 BURIAL SUPPLIES15058 BURIAL SUPPLIES: GEBREMARIAM 130.000.640.536.200.340.00 388.00 Total :1,552.00 121107 9/9/2010 073035 AVAGIMOVA, KARINE 548 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.501.410.01 100.00 INTERPRETER FEE549 INTERPRETER FEE 001.000.390.512.520.410.00 100.00 INTERPRETER FEE550 INTERPRETER FEE 001.000.390.512.520.410.00 100.00 INTERPRETER FEE551 INTERPRETER FEE 001.000.230.512.500.410.01 100.00 INTERPRETER FEE552 INTERPRETER FEE 001.000.230.512.500.410.01 100.00 INTERPRETER FEE557 INTERPRETER FEE 2Page: Packet Page 26 of 602 09/09/2010 Voucher List City of Edmonds 3 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121107 9/9/2010 (Continued)073035 AVAGIMOVA, KARINE 001.000.230.512.500.410.01 100.00 INTERPRETER FEE580 INTERPRETER FEE 001.000.230.512.500.410.01 100.00 INTERPRETER FEE581 INTERPRETER FEE 001.000.230.512.500.410.01 100.00 Total :800.00 121108 9/9/2010 001835 AWARDS SERVICE INC 74698 BASKETBALL PLAQUES RE-ENGRAVE BASKETBALL PLAQUES 001.000.640.575.520.310.00 13.00 9.5% Sales Tax 001.000.640.575.520.310.00 1.24 Total :14.24 121109 9/9/2010 069076 BACKGROUND INVESTIGATIONS INC COE0810 Background check services Background check services 001.000.220.516.100.410.00 105.00 Total :105.00 121110 9/9/2010 070992 BANC OF AMERICA LEASING 011607772 COPIER RENTAL COPIER RENTAL 001.000.230.512.501.450.00 154.40 Total :154.40 121111 9/9/2010 002500 BLUMENTHAL UNIFORM CO INC 827488 INV#827488 - EDMONDS PD - MACK UNIFORM PANTS 001.000.410.521.710.240.00 108.50 S/S UNIFORM SHIRTS 001.000.410.521.710.240.00 196.98 LEATHER BOOTS 001.000.410.521.710.240.00 249.95 9.5% Sales Tax 001.000.410.521.710.240.00 52.77 3Page: Packet Page 27 of 602 09/09/2010 Voucher List City of Edmonds 4 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :608.20121111 9/9/2010 002500 002500 BLUMENTHAL UNIFORM CO INC 121112 9/9/2010 072005 BROCKMANN, KERRY BROCKMANN13248 PILATES YOGA FUSION PILATES YOGA FUSION #13248 001.000.640.575.540.410.00 69.30 Total :69.30 121113 9/9/2010 066578 BROWN AND CALDWELL 14130268 C-311 C-311 ODOR CONTROL PROJECT 414.000.656.594.320.410.10 894.25 Total :894.25 121114 9/9/2010 003330 CASCADE TROPHY 30900 Planning Board Plaque/ Bullock Planning Board Plaque/ Bullock 001.000.210.513.100.490.00 42.50 Engraving/ Edmonds Logo 001.000.210.513.100.490.00 25.00 9.5% Sales Tax 001.000.210.513.100.490.00 6.41 Total :73.91 121115 9/9/2010 068484 CEMEX 9419976882 MARINA BEACH CURBING MATERIAL FOR MARINA BEACH CURBING 001.000.640.576.800.310.00 199.00 9.5% Sales Tax 001.000.640.576.800.310.00 18.31 Total :217.31 121116 9/9/2010 003510 CENTRAL WELDING SUPPLY RN08101030 GYMNASTICS HELIUM HELIUM FOR GYMNASTICS BIRTHDAY PARTIES 001.000.640.575.550.450.00 8.30 9.5% Sales Tax 001.000.640.575.550.450.00 0.79 Total :9.09 121117 9/9/2010 003510 CENTRAL WELDING SUPPLY RN08101031 2954000 CYLINDER RENTAL 4Page: Packet Page 28 of 602 09/09/2010 Voucher List City of Edmonds 5 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121117 9/9/2010 (Continued)003510 CENTRAL WELDING SUPPLY 411.000.656.538.800.450.21 33.20 9.5% Sales Tax 411.000.656.538.800.450.21 3.15 Total :36.35 121118 9/9/2010 019215 CITY OF LYNNWOOD 8109 MONTHLY MAINT/OPERATIONS SEWER COSTS MONTHLY MAINT/OPERATIONS SEWER COSTS 411.000.655.535.800.472.00 13,800.83 Total :13,800.83 121119 9/9/2010 004095 COASTWIDE LABS W2225932 CLEANING SUPPLIES 9.5% Sales Tax 001.000.640.576.800.310.00 81.49 TOILET TISSUE, PAPER TOWELS, CLEANERS 001.000.640.576.800.310.00 857.80 Total :939.29 121120 9/9/2010 004095 COASTWIDE LABS W2228304 Fac Maint - Towels, Bleach, Cleaners, Fac Maint - Towels, Bleach, Cleaners, 001.000.651.519.920.310.00 449.28 9.5% Sales Tax 001.000.651.519.920.310.00 42.68 Fac Maint - Complete Finish CleanerW2228304-1 Fac Maint - Complete Finish Cleaner 001.000.651.519.920.310.00 58.17 9.5% Sales Tax 001.000.651.519.920.310.00 5.53 Total :555.66 121121 9/9/2010 070300 CODE 4 INC 8142 INV 8142 CISM SUICIDE PREVENTION - TRYKA CISM: SUICIDE PREVENTION - TRYKAR 001.000.410.521.400.490.00 199.00 Total :199.00 121122 9/9/2010 070323 COMCAST 0721433 CEMETERY BUNDLED SERVICES BUNDLED SERVICES FOR CEMETERY OFFICE 5Page: Packet Page 29 of 602 09/09/2010 Voucher List City of Edmonds 6 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121122 9/9/2010 (Continued)070323 COMCAST 130.000.640.536.200.420.00 113.42 Total :113.42 121123 9/9/2010 062891 COOK PAGING WA 8047094 WATER DEPT CALL-OUT PAGER pagers-water 411.000.654.534.800.420.00 3.95 411.000.654.534.800.420.00 0.29 Total :4.24 121124 9/9/2010 065683 CORRY'S FINE DRY CLEANING AUGUST 2010 EDMONDS PD - AUGUST DRY CLEANING LAUNDRY/DRY CLEANING 08/2010 001.000.410.521.220.240.00 967.67 Total :967.67 121125 9/9/2010 073390 CUMMINGS, DAVID L 7-04625 RE: #467588 UTILITY REFUND #467588 UB Refund Cummings/Cavanaugh 411.000.000.233.000.000.00 119.86 Total :119.86 121126 9/9/2010 072189 DATASITE 66736 INV#66736 - EDMONDS PD SHREDDING 08/26/10 -64 GAL TOTE 001.000.410.521.100.410.00 40.00 Total :40.00 121127 9/9/2010 072189 DATASITE 66699 SHREDDING SERVICES/CABINETS Doc Shred Services City Clerk 001.000.250.514.300.410.00 25.00 Doc Shred Services Finance 001.000.310.514.230.410.00 25.00 Total :50.00 121128 9/9/2010 070230 DEPARTMENT OF LICENSING 7/21/10-9/2/10 STATE SHARE OF CONCEALED PISTOL State Share of Concealed Pistol 001.000.000.237.190.000.00 165.00 6Page: Packet Page 30 of 602 09/09/2010 Voucher List City of Edmonds 7 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :165.00121128 9/9/2010 070230 070230 DEPARTMENT OF LICENSING 121129 9/9/2010 064531 DINES, JEANNIE 10-3133 MINUTE TAKING 8/31 Council Minutes 001.000.250.514.300.410.00 354.00 Total :354.00 121130 9/9/2010 072582 DORSE AIR PORDUCTS 53255 PS - Parts PS - Parts 001.000.651.519.920.310.00 103.00 9.5% Sales Tax 001.000.651.519.920.310.00 9.79 Total :112.79 121131 9/9/2010 065892 EAF FOUNDATION EAC0908 TOURISM PROMOTION AGREEMENT TOURISM PROMOTION AGREEMENT 123.000.640.573.100.410.00 900.00 Total :900.00 121132 9/9/2010 073037 EDMONDS ACE HARDWARE 001204/1 FAC MAINT Boys & Girls Club - Supplies 001.000.651.519.920.310.00 5.27 9.5% Sales Tax 001.000.651.519.920.310.00 0.50 FAC MAINT001213/1 Boys & Girls Club- Metal Repair Tape 001.000.651.519.920.310.00 9.99 9.5% Sales Tax 001.000.651.519.920.310.00 0.95 FAC MAINT001214/1 Fac Maint - Unit 26 - Hex Key Set 001.000.651.519.920.310.00 10.99 9.5% Sales Tax 001.000.651.519.920.310.00 1.04 FAC MAINT001216/1 FAC - Bee Spray 001.000.651.519.920.310.00 9.28 7Page: Packet Page 31 of 602 09/09/2010 Voucher List City of Edmonds 8 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121132 9/9/2010 (Continued)073037 EDMONDS ACE HARDWARE 9.5% Sales Tax 001.000.651.519.920.310.00 0.88 FAC MAINT1203/1 PS - Quick Set Epoxy 001.000.651.519.920.310.00 4.99 9.5% Sales Tax 001.000.651.519.920.310.00 0.47 FAC MAINT1206/1 Fac Maint - Fasteners, Hex Key set 001.000.651.519.920.310.00 10.43 9.5% Sales Tax 001.000.651.519.920.310.00 0.99 FAC MAINT1220/1 Plaza Rm - Fasteners 001.000.651.519.920.310.00 4.68 9.5% Sales Tax 001.000.651.519.920.310.00 0.44 Total :60.90 121133 9/9/2010 069523 EDMONDS P&R YOUTH SCHOLARSHIP BROCKMANN0902 YOUTH SCHOLARSHIPS YOUTH SCHOLARSHIPS 122.000.640.574.100.490.00 52.00 Total :52.00 121134 9/9/2010 008705 EDMONDS WATER DIVISION 1-00575 CITY PARK CITY PARK 001.000.640.576.800.470.00 318.88 BRACKETT'S LANDING RESTROOM1-00825 BRACKETT'S LANDING RESTROOM 001.000.640.576.800.470.00 905.45 SPRINKLER1-00875 SPRINKLER 001.000.640.576.800.470.00 43.15 CITY PARK SPRINKLER METER1-02125 CITY PARK SPRINKLER METER 8Page: Packet Page 32 of 602 09/09/2010 Voucher List City of Edmonds 9 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121134 9/9/2010 (Continued)008705 EDMONDS WATER DIVISION 001.000.640.576.800.470.00 45.34 SPRINKLER1-03900 SPRINKLER 001.000.640.576.800.470.00 69.50 GAZEBO IRRIGATION1-05285 GAZEBO IRRIGATION 001.000.640.576.800.470.00 34.36 CORNER PARK1-05340 CORNER PARK 001.000.640.576.800.470.00 51.93 EDMONDS CITY PARK1-05650 EDMONDS CITY PARK 001.000.640.576.800.470.00 25.58 PARKS MAINTENANCE SHOP1-05675 PARKS MAINTENANCE SHOP 001.000.640.576.800.470.00 673.23 EDMONDS CITY PARK1-05700 EDMONDS CITY PARK 001.000.640.576.800.470.00 139.77 CORNER PARK1-09650 CORNER PARK 001.000.640.576.800.470.00 65.11 SW CORNER SPRINKLER1-09800 SW CORNER SPRINKLER 001.000.640.576.800.470.00 69.50 PLANTER1-10780 PLANTER 001.000.640.576.800.470.00 62.91 CORNER PLANTER ON 5TH1-16130 CORNER PLANTER ON 5TH 001.000.640.576.800.470.00 62.91 CORNER PARKS1-16300 CORNER PARKS 001.000.640.576.800.470.00 82.68 118 5TH AVE N1-16420 9Page: Packet Page 33 of 602 09/09/2010 Voucher List City of Edmonds 10 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121134 9/9/2010 (Continued)008705 EDMONDS WATER DIVISION WATER: 118 5TH AVE N 001.000.640.576.800.470.00 40.95 CITY HALL TRIANGLE1-16450 CITY HALL TRIANGLE 001.000.640.576.800.470.00 135.93 6TH & MAIN PLANTER BOX1-16630 6TH & MAIN PLANTER BOX 001.000.640.576.800.470.00 45.34 5TH & DAYTON ST PLANTER1-17475 5TH & DAYTON ST PLANTER 001.000.640.576.800.470.00 67.30 PINE STREE PLAYFIELD1-19950 PINE STREE PLAYFIELD 001.000.640.576.800.470.00 51.83 1141 9TH AVE S1-36255 WATER 1141 9TH AVE S 001.000.640.576.800.470.00 25.58 9TH & CASPER ST (WEST PLANTER)2-25150 9TH & CASPER ST (WEST PLANTER) 001.000.640.576.800.470.00 32.17 9TH & CASPER ST (EAST PLANTER)2-25175 9TH & CASPER ST (EAST PLANTER) 001.000.640.576.800.470.00 51.93 SPRINKLER2-28275 SPRINKLER 001.000.640.576.800.470.00 67.30 MINI PARK2-37180 MINI PARK 001.000.640.576.800.470.00 35.65 820 15TH ST SW7-05276 SEWER/STORM DRAIN: 130.000.640.536.500.470.00 105.24 23700 104TH AVE W8-40000 STORM DRAIN/HICKMAN PARK 001.000.640.576.800.470.00 4,235.67 10Page: Packet Page 34 of 602 09/09/2010 Voucher List City of Edmonds 11 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :7,545.19121134 9/9/2010 008705 008705 EDMONDS WATER DIVISION 121135 9/9/2010 031060 ELECSYS INTERNATIONAL CORP 090007 RADIX MONTHLY MAINT AGREEMENT Radix Monthly Maint Agreement -~ 411.000.654.534.800.480.00 152.00 Total :152.00 121136 9/9/2010 008812 ELECTRONIC BUSINESS MACHINES 057570 COPIER MAINT COPIER MAINT 001.000.230.512.500.480.00 50.33 Total :50.33 121137 9/9/2010 073389 ERIKSEN, LEE KRISTIAN 09032010 REFUND FOR CONCEALED PISTOL LICENSE Refund for concealed pistol license 001.000.000.239.200.000.00 32.00 Total :32.00 121138 9/9/2010 009410 EVERETT STEEL INC 456927 EDMCI CHANNEL/ANGLE/PLATE 411.000.656.538.800.310.21 1,066.67 9.5% Sales Tax 411.000.656.538.800.310.21 101.33 Total :1,168.00 121139 9/9/2010 066378 FASTENAL COMPANY WAMOU21000 Water - Supplies Water - Supplies 411.000.654.534.800.310.00 4.48 9.5% Sales Tax 411.000.654.534.800.310.00 0.43 Total :4.91 121140 9/9/2010 009815 FERGUSON ENTERPRISES INC 0264783 Water - Supplies Water - Supplies 411.000.654.534.800.310.00 391.37 Inventory - w-pipeco-0.75-011 411.000.654.534.800.341.00 1,618.50 9.5% Sales Tax 11Page: Packet Page 35 of 602 09/09/2010 Voucher List City of Edmonds 12 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121140 9/9/2010 (Continued)009815 FERGUSON ENTERPRISES INC 411.000.654.534.800.310.00 37.18 9.5% Sales Tax 411.000.654.534.800.341.00 153.75 Water - Supplies0264783-1 Water - Supplies 411.000.654.534.800.310.00 97.50 9.5% Sales Tax 411.000.654.534.800.310.00 9.26 Water Supplies0266829 Water Supplies 411.000.654.534.800.310.00 993.13 9.5% Sales Tax 411.000.654.534.800.310.00 94.35 Total :3,395.04 121141 9/9/2010 070855 FLEX PLAN SERVICES INC 161846 August 2010 Section 125 & 132 Plan fees August 2010 Section 125 & 132 Plan fees 001.000.220.516.100.410.00 86.50 Total :86.50 121142 9/9/2010 011900 FRONTIER 425-FLO-0017 FS #16 FRAME RELAY 8/20-9/19/10 FS #16 Frame Relay 8/20-9/19/10 001.000.510.528.600.420.00 720.24 Total :720.24 121143 9/9/2010 011900 FRONTIER 425-712-0647 IRRIGATION SYSTEM IRRIGATION SYSTEM 001.000.640.576.800.420.00 45.78 MEADOWDALE PRESCHOOL425-745-5055 MEADOWDALE PRESCHOOL 001.000.640.575.560.420.00 63.67 Total :109.45 121144 9/9/2010 011900 FRONTIER 425 NW1-0155 03 0210 1099569419 02 TELEMETRY 411.000.656.538.800.420.00 218.12 12Page: Packet Page 36 of 602 09/09/2010 Voucher List City of Edmonds 13 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121144 9/9/2010 (Continued)011900 FRONTIER 03 0210 101452264107425771-5553 AUTO DIALER 411.000.656.538.800.420.00 94.69 03 0210 1079569413 10425NW1-0060 BPS TELEMETRY 411.000.656.538.800.420.00 41.47 Total :354.28 121145 9/9/2010 011900 FRONTIER 425-640-8169 PT EDWARDS SEWER PUMP STATION MONITOR Phone line for Sewer Lift Station at Pt 411.000.655.535.800.420.00 41.23 LIFT STATION #1425-673-5978 Lift Station #1 411.000.655.535.800.420.00 49.92 FS # 16425-771-0158 FS #16 001.000.651.519.920.420.00 163.41 LIFT ST 7425-775-2069 Lift St 7 411.000.655.535.800.420.00 59.47 CITY HALL FIRE ALARM SYSTEM425-776-6829 CITY HALL FIRE ALARM SYSTEM 001.000.651.519.920.420.00 109.61 Total :423.64 121146 9/9/2010 069675 GALAXY SPECIALTY COMPANY 68007 CALENDARS FOR COURT ROOM CALENDARS FOR COURT ROOM 001.000.230.512.500.310.00 30.15 Total :30.15 121147 9/9/2010 012560 HACH COMPANY 6876377 Water Quality - Labor Yost, Seaview CO2 Water Quality - Labor Yost, Seaview CO2 411.000.654.534.800.480.00 370.00 Mileage Charge 411.000.654.534.800.480.00 295.00 13Page: Packet Page 37 of 602 09/09/2010 Voucher List City of Edmonds 14 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121147 9/9/2010 (Continued)012560 HACH COMPANY 9.5% Sales Tax 411.000.654.534.800.480.00 35.15 Total :700.15 121148 9/9/2010 072647 HERRERA ENVIRONMENTAL 23038 E0FD.SERVICES THRU 8/27/10 E0FD.Services thru 8/27/10 412.200.630.594.320.410.00 1,270.26 Total :1,270.26 121149 9/9/2010 067862 HOME DEPOT CREDIT SERVICES 3060022 6035322500959949 PAINT SUPPLIES 411.000.656.538.800.310.21 45.12 9.5% Sales Tax 411.000.656.538.800.310.21 4.29 60353225009599495093924 WHT. LOUVER 411.000.656.538.800.310.21 11.87 9.5% Sales Tax 411.000.656.538.800.310.21 1.13 60353225009599496042223 WIRE 411.000.656.538.800.310.22 25.80 9.5% Sales Tax 411.000.656.538.800.310.22 2.45 60353225009599496591181 PLUGS 411.000.656.538.800.310.22 23.97 9.5% Sales Tax 411.000.656.538.800.310.22 2.28 60353225009599498043992 ABS REDUCER 411.000.656.538.800.310.21 22.37 9.5% Sales Tax 411.000.656.538.800.310.21 2.13 60353225009599499043830 14Page: Packet Page 38 of 602 09/09/2010 Voucher List City of Edmonds 15 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121149 9/9/2010 (Continued)067862 HOME DEPOT CREDIT SERVICES LUMBER 411.000.656.538.800.310.21 19.97 9.5% Sales Tax 411.000.656.538.800.310.21 1.90 Total :163.28 121150 9/9/2010 070896 HSBC BUSINESS SOLUTIONS 8941 Fac Maint - Towels Fac Maint - Towels 001.000.651.519.920.310.00 235.40 Total :235.40 121151 9/9/2010 070042 IKON 83111768 PARK MAINTENANCE COPIER LEASE PARK MAINTENANCE COPIER LEASE 001.000.640.576.800.450.00 25.41 Total :25.41 121152 9/9/2010 006841 IKON OFFICE SOLUTIONS 5014790659 Meter charges for reception copier. Meter charges for reception copier. 001.000.620.558.800.450.00 6.57 9.5% Sales Tax 001.000.620.558.800.450.00 0.62 Total :7.19 121153 9/9/2010 068952 INFINITY INTERNET 2925786 PRESCHOOL INTERNET SERVICE MEADOWDALE PRESCHOOL INTERNET SERVICE 001.000.640.575.560.420.00 15.00 Total :15.00 121154 9/9/2010 072650 KCDA PURCHASING COOPERATIVE 3422423 INV#3422423 - EDMONDS PD MULTI USE PAPER 001.000.410.521.100.310.00 233.40 HANDLING FEE 001.000.410.521.100.310.00 35.00 9.5% Sales Tax 001.000.410.521.100.310.00 22.17 15Page: Packet Page 39 of 602 09/09/2010 Voucher List City of Edmonds 16 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :290.57121154 9/9/2010 072650 072650 KCDA PURCHASING COOPERATIVE 121155 9/9/2010 062477 KEEP POSTED 14279 ADVERTISING ADVERTISING/NATALIE GOLDBERG 123.000.640.573.100.440.00 112.00 Total :112.00 121156 9/9/2010 068396 KPFF CONSULTING ENGINEERS 0810-108246 E8GC.SERVICES THRU JULY 2010 E8GC.Services thru July 2010 412.100.630.594.320.410.00 1,223.86 E8GC.Services thru July 2010 412.200.630.594.320.410.00 1,223.86 E8GC.Services thru July 2010 412.300.630.594.320.410.00 1,223.85 Total :3,671.57 121157 9/9/2010 070285 KPLU-FM IN-1100823003 RADIO ADVERTISING WEEK OF 8/02/10 Radio advertising on KPLU week of 001.000.240.513.110.440.00 950.00 Total :950.00 121158 9/9/2010 073136 LANG, ROBERT LANG0903 PLAZA ROOM MONITOR PLAZA ROOM MONITOR 9/3/10 001.000.640.574.100.410.00 40.00 Total :40.00 121159 9/9/2010 069634 LEXISNEXIS 1201641-20100831 INV 1201641-20100831 EDMONDS PD SEARCHES, REPORTS FOR AUG 2010 001.000.410.521.210.410.00 80.25 9.5% Sales Tax 001.000.410.521.210.410.00 7.62 Total :87.87 121160 9/9/2010 018760 LUNDS OFFICE ESSENTIALS 104975 Copy paper Copy paper 001.000.610.519.700.310.00 24.67 Copy paper 16Page: Packet Page 40 of 602 09/09/2010 Voucher List City of Edmonds 17 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121160 9/9/2010 (Continued)018760 LUNDS OFFICE ESSENTIALS 001.000.220.516.100.310.00 24.66 Copy paper 001.000.210.513.100.310.00 24.67 9.5% Sales Tax 001.000.610.519.700.310.00 2.34 9.5% Sales Tax 001.000.220.516.100.310.00 2.34 9.5% Sales Tax 001.000.210.513.100.310.00 2.35 Total :81.03 121161 9/9/2010 018760 LUNDS OFFICE ESSENTIALS 104947 OFFICE SUPPLIES Office Supplies 001.000.250.514.300.310.00 362.80 9.5% Sales Tax 001.000.250.514.300.310.00 34.47 Total :397.27 121162 9/9/2010 018760 LUNDS OFFICE ESSENTIALS 104944 Task Chair for receptionists. Task Chair for receptionists. 001.000.620.558.800.310.00 368.00 9.5% Sales Tax 001.000.620.558.800.310.00 34.96 Engineering letterhead.104951 Engineering letterhead. 001.000.620.558.800.310.00 243.05 9.5% Sales Tax 001.000.620.558.800.310.00 23.09 Total :669.10 121163 9/9/2010 018760 LUNDS OFFICE ESSENTIALS 104766 SUPPLIES SUPPLIES 001.000.230.512.500.310.00 7.44 SUPPLIES104956 SUPPLIES 17Page: Packet Page 41 of 602 09/09/2010 Voucher List City of Edmonds 18 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121163 9/9/2010 (Continued)018760 LUNDS OFFICE ESSENTIALS 001.000.230.512.500.310.00 176.80 Total :184.24 121164 9/9/2010 018980 LYNNWOOD HONDA 703547 CREDIT/PAID TWICE PARTS 001.000.640.576.800.310.00 -4.76 9.5% Sales Tax 001.000.640.576.800.310.00 -0.45 SUPPLIES709528 CARBURETOR PARTS 001.000.640.576.800.310.00 71.37 9.5% Sales Tax 001.000.640.576.800.310.00 6.78 SUPPLIES716879 SUPPLIES FOR GAS EDGER 001.000.640.576.800.310.00 8.33 9.5% Sales Tax 001.000.640.576.800.310.00 0.79 Total :82.06 121165 9/9/2010 069362 MARSHALL, CITA 957 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE958 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE959 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE960 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE961 INTERPRETER FEE 001.000.230.512.501.410.01 107.50 18Page: Packet Page 42 of 602 09/09/2010 Voucher List City of Edmonds 19 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121165 9/9/2010 (Continued)069362 MARSHALL, CITA INTERPRETER FEE962 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE963 INTERPRETER FEE 001.000.390.512.520.410.00 87.50 INTERPRETER FEE964 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE968 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE969 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE970 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE971 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 Total :1,070.00 121166 9/9/2010 073376 MEISLAHN, ERIC BLD20100473 Duplicate online permit. Both homeowner Duplicate online permit. Both homeowner 001.000.000.257.620.000.00 80.00 Total :80.00 121167 9/9/2010 070788 NETRIVER INC 51131 ANNUAL DOMAIN NAME RENEWAL BIRD FEST Annual domain renewal fee for Puget 120.000.310.575.420.410.00 39.90 Total :39.90 121168 9/9/2010 061013 NORTHWEST CASCADE INC 1-174474 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: YOST PARK POOL 19Page: Packet Page 43 of 602 09/09/2010 Voucher List City of Edmonds 20 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121168 9/9/2010 (Continued)061013 NORTHWEST CASCADE INC 001.000.640.576.800.450.00 222.89 HONEY BUCKET RENTAL1-174760 HONEY BUCKET RENTAL: HUMMINGBIRD PARK 001.000.640.576.800.450.00 101.20 HONEY BUCKET RENTAL1-176626 HONEY BUCKET RENTAL: HICKMAN PARK 001.000.640.576.800.450.00 305.16 HONEY BUCKET RENTAL1-181912 HONEY BUCKET RENTAL: CIVIC FIELD 001.000.640.576.800.450.00 189.87 Total :819.12 121169 9/9/2010 068769 NORTHWEST CASTER 1079537 Plaza Rm - Casters Plaza Rm - Casters 001.000.651.519.920.310.00 34.06 9.5% Sales Tax 001.000.651.519.920.310.00 3.24 Total :37.30 121170 9/9/2010 025690 NOYES, KARIN 000 00 149 Planning Board Minutes on 7/28/10. Planning Board Minutes on 7/28/10. 001.000.620.558.600.410.00 368.00 Planning Board Minutes on 8/25/10/000 00 156 Planning Board Minutes on 8/25/10/ 001.000.620.558.600.410.00 240.00 ADB Minutes 9/1/10000 00 158 ADB Minutes 9/1/10 001.000.620.558.600.410.00 96.00 Total :704.00 121171 9/9/2010 063511 OFFICE MAX INC 525636 TONER CARTRIDGE LASER CARTRIDGE 001.000.640.574.100.310.00 107.49 9.5% Sales Tax 001.000.640.574.100.310.00 10.22 20Page: Packet Page 44 of 602 09/09/2010 Voucher List City of Edmonds 21 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121171 9/9/2010 (Continued)063511 OFFICE MAX INC SHREDDER546766 SHREDDER FOR FRONT DESK OFFICE 001.000.640.574.100.310.00 191.99 9.5% Sales Tax 001.000.640.574.100.310.00 18.24 CREDIT FOR SHREDDER552625 CREDIT FOR SHREDDER 001.000.640.574.100.310.00 -191.99 9.5% Sales Tax 001.000.640.574.100.310.00 -18.24 GLOVES585992 DISCOVERY PROGRAM: GLOVES 001.000.640.574.350.310.00 6.91 9.5% Sales Tax 001.000.640.574.350.310.00 0.66 OFFICE SUPPLIES633486 PAPER, ERASER CAPS, THUMB TACKS 001.000.640.574.100.310.00 13.11 9.5% Sales Tax 001.000.640.574.100.310.00 1.25 SHARPIES639040 SHARPIES 001.000.640.574.100.310.00 5.22 9.5% Sales Tax 001.000.640.574.100.310.00 0.50 DISCOVERY PROGRAM/TAPE648938 TAPE FOR DISCOVERY PROGRAM 001.000.640.574.350.310.00 4.35 9.5% Sales Tax 001.000.640.574.350.310.00 0.41 INKJET CARTRIDGE664928 MAGENTA CARTRIDGE 001.000.640.574.100.310.00 35.10 9.5% Sales Tax 001.000.640.574.100.310.00 3.34 21Page: Packet Page 45 of 602 09/09/2010 Voucher List City of Edmonds 22 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121171 9/9/2010 (Continued)063511 OFFICE MAX INC BLUE PAPER675122 BLUE BOND PAPER 001.000.640.574.100.310.00 7.76 9.5% Sales Tax 001.000.640.574.100.310.00 0.73 PAPER715565 8 X 10 COPY PAPER 001.000.640.576.800.310.00 215.52 9.5% Sales Tax 001.000.640.576.800.310.00 20.48 TONER CARTRIDGE781096 LASER CARTRIDGE 001.000.640.574.100.310.00 107.49 9.5% Sales Tax 001.000.640.574.100.310.00 10.22 OFFICE SUPPLIES802524 MANILA FOLDERS, PENCILS 001.000.640.574.100.310.00 19.89 9.5% Sales Tax 001.000.640.574.100.310.00 1.89 DISCOVERY PROGRAM NAME TAGS815649 DISCOVERY PROGRAM NAME TAGS 001.000.640.574.350.310.00 15.70 9.5% Sales Tax 001.000.640.574.350.310.00 1.49 OFFICE SUPPLIES877091 DISCOVERY PROGRAM/ERASERS 001.000.640.574.350.310.00 2.37 GLUE STICKS, PAPER CLIPS, ETC. 001.000.640.574.100.310.00 19.85 9.5% Sales Tax 001.000.640.574.350.310.00 0.23 9.5% Sales Tax 001.000.640.574.100.310.00 1.88 22Page: Packet Page 46 of 602 09/09/2010 Voucher List City of Edmonds 23 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :614.06121171 9/9/2010 063511 063511 OFFICE MAX INC 121172 9/9/2010 063511 OFFICE MAX INC 762916 PW Admin - Office Supplies PW Admin - Office Supplies 001.000.650.519.910.310.00 55.02 9.5% Sales Tax 001.000.650.519.910.310.00 5.24 Fac Maint - Printer Ink763517 Fac Maint - Printer Ink 001.000.651.519.920.310.00 50.16 9.5% Sales Tax 001.000.651.519.920.310.00 4.76 Total :115.18 121173 9/9/2010 063511 OFFICE MAX INC 125217 SUPPLIES SUPPLIES 001.000.230.512.500.310.00 -191.38 SUPPLIES125217 SUPPLIES 001.000.230.512.501.310.00 191.38 SUPPLIES130824 SUPPLIES 001.000.230.512.501.310.00 467.34 SUPPLIES196098 SUPPLIES 001.000.230.512.500.310.00 45.75 SUPPLIES436135 SUPPLIES 001.000.230.512.500.310.00 72.05 SUPPLIES455166 SUPPLIES 001.000.230.512.501.310.00 108.62 Total :693.76 121174 9/9/2010 068709 OFFICETEAM 31690424 TEMPORARY HELP Temp. Help in Clerk's Office 23Page: Packet Page 47 of 602 09/09/2010 Voucher List City of Edmonds 24 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121174 9/9/2010 (Continued)068709 OFFICETEAM 001.000.250.514.300.410.00 679.60 Total :679.60 121175 9/9/2010 026200 OLYMPIC VIEW WATER DISTRICT 0000130 220TH ST SW & 84TH AVE W WATER: 220TH ST SW & 84TH AVE W 001.000.640.576.800.470.00 35.40 820 15TH ST SW0001520 WATER: 820 15TH ST SW/CEMETERY 130.000.640.536.500.470.00 29.55 820 15TH ST SW0001530 820 15TH ST SW/CEMETERY 130.000.640.536.500.470.00 126.42 5TH & ST RTE0002930 WATER: 5TH & ST RTE 001.000.640.576.800.470.00 39.04 9803 EDMONDS WAY0005060 WATER: 9803 EDMONDS WAY 001.000.640.576.800.470.00 23.95 Total :254.36 121176 9/9/2010 026200 OLYMPIC VIEW WATER DISTRICT 0021400 FIRE STATION #20 FIRE STATION #20 001.000.651.519.920.470.00 176.75 Total :176.75 121177 9/9/2010 063750 ORCA PACIFIC INC 045467 YOST POOL SUPPLIES YOST POOL CHEMICALS/SUPPLIES 001.000.640.576.800.310.00 457.35 9.5% Sales Tax 001.000.640.576.800.310.00 43.45 Total :500.80 121178 9/9/2010 027165 PARKER PAINT MFG. CO.INC.961717 FAC - Paint Supplies 9.5% Sales Tax 001.000.651.519.920.310.00 2.47 FAC - Paint Supplies 24Page: Packet Page 48 of 602 09/09/2010 Voucher List City of Edmonds 25 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121178 9/9/2010 (Continued)027165 PARKER PAINT MFG. CO.INC. 001.000.651.519.920.310.00 25.99 Total :28.46 121179 9/9/2010 070962 PAULSONS TOWING INC 95126 INV#95126 - EDMONDS PD - #10-3239 TOWING 1999 JEEP #436YUY 001.000.410.521.220.410.00 197.50 9.5% Sales Tax 001.000.410.521.220.410.00 18.76 Total :216.26 121180 9/9/2010 028400 PITNEY BOWES 581396 LETTER OPENER YEARLY MAINT 10/1/10-09/30/11 letter opener 001.000.310.514.230.480.00 293.00 9.5% Sales Tax 001.000.310.514.230.480.00 27.84 Total :320.84 121181 9/9/2010 071811 PONY MAIL BOX & BUSINESS CTR 0186251 WATER SEWER STREET STORM-L&I RETURN POST Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.26 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.26 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.27 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.26 WATER SEWER STREET STORM-L&I RETURN POST186425 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.25 25Page: Packet Page 49 of 602 09/09/2010 Voucher List City of Edmonds 26 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121181 9/9/2010 (Continued)071811 PONY MAIL BOX & BUSINESS CTR WATER SEWER STREET STORM-L&I RETURN POST186548 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.25 WATER SEWER STREET STORM-L&I RETURN POST186667 Water Sewer Street Storm - L&I Safety 111.000.653.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.652.542.900.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.654.534.800.420.00 2.24 Water Sewer Street Storm - L&I Safety 411.000.655.535.800.420.00 2.25 Total :35.96 121182 9/9/2010 070979 PRECISION EARTHWORKS INC E6DA.Pmt 11 E6DA.PAYMENT 11.SERVICES THRU 8/31/10 E6DA.Payment 11.Services thru 8/31/10 125.000.640.594.750.650.00 57,490.89 Total :57,490.89 121183 9/9/2010 064088 PROTECTION ONE 31146525 24 HOUR ALARM MONITORING -CITY HALL 24 hour Alarm Monitoring-City Hall~ 001.000.651.519.920.420.00 37.85 Total :37.85 121184 9/9/2010 070809 PUGET SOUND EXECUTIVE 10-543 COURT SECURITY COURT SECURITY 001.000.230.512.500.410.00 2,475.63 Total :2,475.63 26Page: Packet Page 50 of 602 09/09/2010 Voucher List City of Edmonds 27 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121185 9/9/2010 030780 QUIRING MONUMENTS INC 111134 INSCRIPTION INSCRIPTION: KELLY 130.000.640.536.200.340.00 160.00 Total :160.00 121186 9/9/2010 067447 RILEY, CHARLES H.69 LEOFF1 Reimbursement LEOFF1 Reimbursement 009.000.390.517.370.230.00 579.70 Total :579.70 121187 9/9/2010 069062 RONGERUDE, JOHN 7478 PUBLIC DEFENDER PUBLIC DEFENDER 001.000.390.512.520.410.00 1,600.00 Total :1,600.00 121188 9/9/2010 071467 S MORRIS COMPANY 08/30/10 ACCT#70014 - ANIMAL DISPOSAL- EDMONDS PD #157464 12 NPC 08/16/10 001.000.410.521.700.410.00 128.16 Total :128.16 121189 9/9/2010 067802 SAN DIEGO POLICE EQUIP CO 594182 INV#594182 - CUST#0001733 - EDMONDS PD LAWMAN CLEANFIRE 40 CAL 180GR 001.000.410.521.400.310.00 5,754.58 9.5% Sales Tax 001.000.410.521.400.310.00 546.69 Total :6,301.27 121190 9/9/2010 036509 SIGNATURE FORMS INC 1101771 SUPPLIES SUPPLIES 001.000.230.512.501.310.00 674.39 Total :674.39 121191 9/9/2010 036950 SIX ROBBLEES INC 14-220724 Fleet Shop Tool Fleet Shop Tool 511.000.657.548.680.350.00 19.78 9.5% Sales Tax 511.000.657.548.680.350.00 1.88 27Page: Packet Page 51 of 602 09/09/2010 Voucher List City of Edmonds 28 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121191 9/9/2010 (Continued)036950 SIX ROBBLEES INC Fleet Shop Supplies14-220725 Fleet Shop Supplies 511.000.657.548.680.311.00 68.80 9.5% Sales Tax 511.000.657.548.680.311.00 6.54 Fleet Shop Supplies - Blue Slick1-704298 Fleet Shop Supplies - Blue Slick 511.000.657.548.680.311.00 10.93 9.5% Sales Tax 511.000.657.548.680.311.00 1.04 Total :108.97 121192 9/9/2010 036955 SKY NURSERY 288149 PLANTS FOR COLUMBARIUM POTS PLANTS FOR COLUMBARIUM POTS 130.000.640.536.500.310.00 49.55 9.5% Sales Tax 130.000.640.536.500.310.00 4.71 Total :54.26 121193 9/9/2010 065803 SKYHAWKS SPORTS ACADEMY SKYHAWKS12349 SPORTS CAMPS CAMP #12349 001.000.640.575.520.410.00 1,592.00 CAMP #12362 001.000.640.575.520.410.00 312.00 CAMP #12363 001.000.640.575.520.410.00 894.70 CAMP #12364 001.000.640.575.520.410.00 584.00 CAMP #12365 001.000.640.575.520.410.00 90.00 CAMP #12366 001.000.640.575.520.410.00 220.00 Total :3,692.70 121194 9/9/2010 037303 SNO CO FIRE DIST # 1 Q4-2010 Q4 2010 Fire Services Contract Payment 28Page: Packet Page 52 of 602 09/09/2010 Voucher List City of Edmonds 29 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121194 9/9/2010 (Continued)037303 SNO CO FIRE DIST # 1 Q4 2010 Fire Services Contract Payment 001.000.390.522.200.510.00 1,550,830.50 Total :1,550,830.50 121195 9/9/2010 037375 SNO CO PUD NO 1 2004-9314-6 19827 89TH PL W 19827 89TH PL W 001.000.640.576.800.470.00 31.04 131 SUNSET AVE2006-6395-3 131 SUNSET AVE 001.000.640.576.800.470.00 138.13 23202 EDMONDS WAY2009-4334-8 23202 EDMONDS WAY 001.000.640.576.800.470.00 120.60 50 RAILROAD AVE2010-5432-7 50 RAILROAD AVE 001.000.640.576.800.470.00 63.20 100 RAILROAD AVE2021-3965-5 100 RAILROAD AVE 001.000.640.576.800.470.00 35.02 24000 78TH AVE W2026-2041-5 24000 78TH AVE W 001.000.640.576.800.470.00 30.02 Total :418.01 121196 9/9/2010 037375 SNO CO PUD NO 1 123555493 2025-7952-0 VARIOUS LOCATIONS 411.000.656.538.800.471.62 7.56 9.5% Sales Tax 411.000.656.538.800.471.62 0.45 2019-2991-6133509321 23219 74TH AVE W 411.000.656.538.800.471.62 29.28 9.5% Sales Tax 411.000.656.538.800.471.62 1.76 29Page: Packet Page 53 of 602 09/09/2010 Voucher List City of Edmonds 30 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :39.05121196 9/9/2010 037375 037375 SNO CO PUD NO 1 121197 9/9/2010 037375 SNO CO PUD NO 1 200202919 LIFT STATION #8 113 RR AVE LIFT STATION #8 411.000.655.535.800.470.00 208.32 BEACON LIGHT CROSS WALK 23602 76TH AVE W200274959 BEACON LIGHT CROSS WALK~ 111.000.653.542.640.470.00 34.93 TRAFFIC LIGHT 220TH 76TH200493153 SIGNAL LIGHT 111.000.653.542.640.470.00 52.37 4 WAY LIGHT 224TH 76TH200594885 SIGNAL LIGHT 111.000.653.542.640.470.00 74.40 SIGNAL LIGHT 9730 220TH200748606 SIGNAL LIGHT 111.000.653.542.640.470.00 31.04 DECORATIVE LIGHTS 115 2ND AVE S200913853 deocrative lighting 111.000.653.542.630.470.00 32.39 SCHOOL LIGHT 21506 84TH W201151420 SCHOOL FLASHING LIGHT 111.000.653.542.640.470.00 30.02 TRAFFIC LIGHT 21132 76TH W201187895 SIGNAL LIGHT 111.000.653.542.640.470.00 32.82 Ballinger Lift Station 7403 Ballinger201427317 Ballinger Lift Station 7403 Ballinger 411.000.655.535.800.470.00 31.04 LIFT STATION #14 7905 1/2 211TH PL SW201501277 LIFT STATION #14 411.000.655.535.800.470.00 31.04 LIFT STATION 7201532926 Lift St 7 411.000.655.535.800.470.00 349.61 SIGNAL LIGHT 22400 HWY 99202289096 30Page: Packet Page 54 of 602 09/09/2010 Voucher List City of Edmonds 31 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121197 9/9/2010 (Continued)037375 SNO CO PUD NO 1 SIGNAL LIGHT - 22400 Hwy 99 111.000.653.542.640.470.00 91.14 TRAFFIC LIGHT 21530 76TH202356739 SIGNAL LIGHT 111.000.653.542.640.470.00 36.07 LIFT STATION #1 105 CASPERS202499539 LIFT STATION #1 411.000.655.535.800.470.00 689.84 MUNICIPAL ST LIGHTS (200WATTS:303 LITES)202529186 MUNICIPAL ST LIGHTS (200WATTS:303 LITES) 111.000.653.542.630.470.00 2,649.74 MUNICIPAL ST LIGHTS (400WATTS:13 LITES)202529202 MUNICIPAL ST LIGHTING (400WATTS:13 111.000.653.542.630.470.00 184.24 MUNICIPAL ST LIGHTS (100WATTS:2029 LITE)202576153 MUNICIPAL ST LIGHTS (100WATTS:2029 LITE) 111.000.653.542.630.470.00 13,807.75 MUNICIPAL ST LIGHTS (250WATTS:58 LITES)202579488 MUNICIPAL ST LIGHTS (250WATTS:58 LITES) 111.000.653.542.630.470.00 596.97 Total :18,963.73 121198 9/9/2010 038700 SO SNO CO CHAMBER OF COMMERCE 09012010 SO SNO CO CHAMBER OF COMMERCE LUNCHEON So Sno Co Chamber of Commerce Community 001.000.240.513.110.410.00 70.00 Total :70.00 121199 9/9/2010 038300 SOUND DISPOSAL CO 103587 WASTE DISPOSAL PARK MAINTENANCE DISPOSAL SERVICES 001.000.640.576.800.470.00 670.49 Total :670.49 121200 9/9/2010 038300 SOUND DISPOSAL CO 103584 RECYCLING RECYCLING 411.000.656.538.800.475.66 28.25 31Page: Packet Page 55 of 602 09/09/2010 Voucher List City of Edmonds 32 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121200 9/9/2010 (Continued)038300 SOUND DISPOSAL CO 9.5% Sales Tax 411.000.656.538.800.475.66 1.70 Total :29.95 121201 9/9/2010 038300 SOUND DISPOSAL CO 103583 garbage & recycle for PS garbage & recycle for PS 001.000.651.519.920.470.00 550.68 garbage & recycle for FAC103585 garbage & recycle for FAC 001.000.651.519.920.470.00 674.47 garbage & recycle for Library103586 garbage & recycle for Library 001.000.651.519.920.470.00 578.55 garbage & recycle-City Hall103588 garbage & recycle-City Hall 001.000.651.519.920.470.00 459.89 Total :2,263.59 121202 9/9/2010 073049 TEC-WORKS INC 11755 Transition Networks & Point system Transition Networks & Point system 001.000.310.518.870.350.00 1,302.84 Freight 001.000.310.518.870.350.00 33.80 Sales Tax 001.000.310.518.870.350.00 117.26 Total :1,453.90 121203 9/9/2010 009350 THE DAILY HERALD COMPANY 148134-8/31/2010 Court Clerk, #10-27 ad Court Clerk, #10-27 ad 001.000.220.516.100.440.00 155.40 Total :155.40 121204 9/9/2010 009350 THE DAILY HERALD COMPANY 101415-08/31/2010 NEWSPAPER ADS Council & Plan. Brd Agendas 001.000.250.514.300.440.00 2,602.46 32Page: Packet Page 56 of 602 09/09/2010 Voucher List City of Edmonds 33 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :2,602.46121204 9/9/2010 009350 009350 THE DAILY HERALD COMPANY 121205 9/9/2010 061192 UNITED PIPE & SUPPLY 8472460 Water - Meter Lids & Boxes Water - Meter Lids & Boxes 411.000.654.534.800.310.00 1,806.24 9.5% Sales Tax 411.000.654.534.800.310.00 171.60 Water Inventory - w-setterck-0.75-0128523886 Water Inventory - w-setterck-0.75-012 411.000.654.534.800.341.00 1,256.80 Water Supplies 411.000.654.534.800.310.00 816.78 9.5% Sales Tax 411.000.654.534.800.341.00 119.40 9.5% Sales Tax 411.000.654.534.800.310.00 77.59 Water Supplies - Repair Clamps8530195 Water Supplies - Repair Clamps 411.000.654.534.800.310.00 192.27 9.5% Sales Tax 411.000.654.534.800.310.00 18.27 Water - Resetters8534230 Water - Resetters 411.000.654.534.800.310.00 1,699.92 9.5% Sales Tax 411.000.654.534.800.310.00 161.49 Water Supplies8539227 Water Supplies 411.000.654.534.800.310.00 268.25 9.5% Sales Tax 411.000.654.534.800.310.00 25.49 Water Supplies - Repair clamps8541913 Water Supplies - Repair clamps 411.000.654.534.800.310.00 187.71 9.5% Sales Tax 411.000.654.534.800.310.00 17.83 33Page: Packet Page 57 of 602 09/09/2010 Voucher List City of Edmonds 34 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121205 9/9/2010 (Continued)061192 UNITED PIPE & SUPPLY Water Inventory - w-setterck-0.75-0128549895 Water Inventory - w-setterck-0.75-012 411.000.654.534.800.341.00 1,256.80 9.5% Sales Tax 411.000.654.534.800.341.00 119.39 Water Inventory - w-mtrliddi-02-0108559041 Water Inventory - w-mtrliddi-02-010 411.000.654.534.800.341.00 370.60 Water Meter Boxes (4) 411.000.654.534.800.310.00 325.64 9.5% Sales Tax 411.000.654.534.800.341.00 35.22 9.5% Sales Tax 411.000.654.534.800.310.00 30.93 Water Supplies - Setters8561303 Water Supplies - Setters 411.000.654.534.800.310.00 1,680.48 9.5% Sales Tax 411.000.654.534.800.310.00 159.64 Total :10,798.34 121206 9/9/2010 062693 US BANK 3249 POSTAGE FOR PASSPORTS POSTAGE FOR PASSPORTS 001.000.230.512.500.420.00 115.20 Total :115.20 121207 9/9/2010 044300 US POSTAL SERVICE 00248 POSTAGE FOR CITY METER Postage for City Meter250-00248 001.000.250.514.300.420.00 8,000.00 Total :8,000.00 121208 9/9/2010 045800 WA MUNICIPAL CLERKS ASSOC 09172010 SEMINAR REGISTRATION City Clerk Training 001.000.250.514.300.490.00 125.00 Total :125.00 34Page: Packet Page 58 of 602 09/09/2010 Voucher List City of Edmonds 35 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121209 9/9/2010 068227 WCCFA EDWARDS0910 CONVENTION REGISTRATION 2010 FALL CONVENTION REGISTRATION: 130.000.640.536.200.490.00 295.00 Total :295.00 121210 9/9/2010 070796 WEED GRAAFSTRA & BENSON INC PS 10 C/A 4181-03M Aug-10 Conflict Counsel Reidy/Theisen 001.000.360.515.100.410.00 2,270.00 Total :2,270.00 121211 9/9/2010 064213 WSSUA TREASURER 541 UMPIRING UMPIRING OF LEAGUE GAMES 001.000.640.575.520.410.00 3,145.00 Total :3,145.00 121212 9/9/2010 070717 WSU URBAN & PESTICIDE SAFETY ROCKNE/EDHOUSE PESTICIDE RECERTIFICATION TRAINING PESTICIDE RECERTIFICATION TRAINING: 001.000.640.576.800.490.00 200.00 Total :200.00 121213 9/9/2010 051282 ZUMAR INDUSTRIES INC 0142318 CITY WIDE SIGNS PARKS CITY WIDE SIGNS 125.000.640.576.800.310.00 287.20 Freight 125.000.640.576.800.310.00 39.10 9.5% Sales Tax 125.000.640.576.800.310.00 31.00 Total :357.30 Bank total :1,729,084.52113 Vouchers for bank code :front 1,729,084.52Total vouchers :Vouchers in this report113 35Page: Packet Page 59 of 602 09/09/2010 Voucher List City of Edmonds 36 10:19:24AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 36Page: Packet Page 60 of 602 09/16/2010 Voucher List City of Edmonds 1 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121214 9/16/2010 073417 3M COMPANY SS41672 CITY WIDE PARK SIGNS PARKS CITY WIDE SIGNS 125.000.640.576.800.310.00 183.75 9.5% Sales Tax 125.000.640.576.800.310.00 17.45 CITY WIDE PARK SIGNSSS41673 CITY WIDE PARK SIGNS 125.000.640.576.800.310.00 802.50 9.5% Sales Tax 125.000.640.576.800.310.00 76.23 Total :1,079.93 121215 9/16/2010 072627 911 ETC INC 171062 MONTHLY 911 DATABASE MAINT Aug-10 911 database maint 001.000.310.518.880.480.00 101.50 Total :101.50 121216 9/16/2010 066417 AIRGAS NOR PAC INC 10171653 M5Z34 CYLINDER RENTAL 411.000.656.538.800.450.21 60.25 9.5% Sales Tax 411.000.656.538.800.450.21 5.72 Total :65.97 121217 9/16/2010 000850 ALDERWOOD WATER DISTRICT 8894 Monthly Wholesale Charges for Aug 2010 Monthly Wholesale Charges for Aug 2010 411.000.654.534.800.330.00 149,074.89 Total :149,074.89 121218 9/16/2010 073391 ALL CLIMATE HEATING & AIR COND BLD20100635 Online permit outside city limits. Online permit outside city limits. 001.000.000.257.620.000.00 75.00 Total :75.00 121219 9/16/2010 061540 ALLIED WASTE SERVICES 0197-001255883 FIRE STATION #20 1Page: Packet Page 61 of 602 09/16/2010 Voucher List City of Edmonds 2 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121219 9/16/2010 (Continued)061540 ALLIED WASTE SERVICES FIRE STATION #20 001.000.651.519.920.470.00 123.75 PUBLIC WORKS FACILITY0197-001255970 Public Works Facility 001.000.650.519.910.470.00 25.38 Public Works Facility 111.000.653.542.900.470.00 96.44 Public Works Facility 411.000.652.542.900.470.00 96.44 Public Works Facility 411.000.654.534.800.470.00 96.44 Public Works Facility 411.000.655.535.800.470.00 96.44 Public Works Facility 511.000.657.548.680.470.00 96.44 F/S #16 GARBAGE0197-001256040 F/S #16 Garbage 001.000.651.519.920.470.00 129.89 MCC GARBAGE0197-001256723 garbage for MCC 001.000.651.519.920.470.00 59.88 Total :821.10 121220 9/16/2010 069751 ARAMARK 655-5110822 UNIFORM SERVICES PARK MAINTENANCE UNIFORM SERVICES 001.000.640.576.800.240.00 31.20 9.5% Sales Tax 001.000.640.576.800.240.00 2.96 Total :34.16 121221 9/16/2010 069751 ARAMARK 655-5079390 STREET/STORM UNIFORM SVC Street Storm Uniform Svc 111.000.653.542.900.240.00 2.37 Street Storm Uniform Svc 411.000.652.542.900.240.00 2.36 2Page: Packet Page 62 of 602 09/16/2010 Voucher List City of Edmonds 3 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121221 9/16/2010 (Continued)069751 ARAMARK 9.5% Sales Tax 111.000.653.542.900.240.00 0.23 9.5% Sales Tax 411.000.652.542.900.240.00 0.22 FLEET UNIFORM SVC655-5079392 Fleet Uniform Svc 511.000.657.548.680.240.00 7.35 9.5% Sales Tax 511.000.657.548.680.240.00 0.70 STREET/STORM UNIFORM SVC655-5091412 Street Storm Uniform Svc 111.000.653.542.900.240.00 2.37 Street Storm Uniform Svc 411.000.652.542.900.240.00 2.36 9.5% Sales Tax 111.000.653.542.900.240.00 0.23 9.5% Sales Tax 411.000.652.542.900.240.00 0.22 FLEET UNIFORM SVC655-5091414 Fleet Uniform Svc 511.000.657.548.680.240.00 5.85 9.5% Sales Tax 511.000.657.548.680.240.00 0.56 FAC MAINT UNIFORM SVC655-5098958 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 MATS655-5103333 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 63 of 602 09/16/2010 Voucher List City of Edmonds 4 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121221 9/16/2010 (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 FLEET UNIFORM SVC655-5103336 Fleet Uniform Svc 511.000.657.548.680.240.00 5.85 9.5% Sales Tax 511.000.657.548.680.240.00 0.56 FAC MAINT UNIFORM SVC655-5110823 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 MATS655-5115231 PW MATS 001.000.650.519.910.410.00 1.01 PW MATS 111.000.653.542.900.410.00 3.84 PW MATS 4Page: Packet Page 64 of 602 09/16/2010 Voucher List City of Edmonds 5 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121221 9/16/2010 (Continued)069751 ARAMARK 411.000.654.534.800.410.00 3.84 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 Total :145.93 121222 9/16/2010 071124 ASSOCIATED PETROLEUM 0107758-IN Fleet Regular Gas - 9316 Gal Fleet Regular Gas - 9316 Gal 511.000.657.548.680.340.11 20,500.79 St Excise Tax Gas, WA Oil Spill 511.000.657.548.680.340.11 3,662.13 WA St Svc Fee 511.000.657.548.680.340.11 40.00 9.5% Sales Tax 511.000.657.548.680.340.11 3.80 Total :24,206.72 121223 9/16/2010 064343 AT&T 7303860502001 425-744-6057 PUBLIC WORKS Public Works Fax Line 001.000.650.519.910.420.00 1.88 5Page: Packet Page 65 of 602 09/16/2010 Voucher List City of Edmonds 6 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121223 9/16/2010 (Continued)064343 AT&T Public Works Fax Line 111.000.653.542.900.420.00 7.14 Public Works Fax Line 411.000.654.534.800.420.00 7.14 Public Works Fax Line 411.000.655.535.800.420.00 7.14 Public Works Fax Line 511.000.657.548.680.420.00 7.14 Public Works Fax Line 411.000.652.542.900.420.00 7.14 Total :37.58 121224 9/16/2010 070305 AUTOMATIC FUNDS TRANSFER 56866 OUT SOURCING OF UTILITY BILLS UB Outsourcing area #200 Printing 411.000.652.542.900.490.00 89.21 UB Outsourcing area #200 Printing 411.000.654.534.800.490.00 89.21 UB Outsourcing area #200 Printing 411.000.655.535.800.490.00 91.92 UB Outsourcing area #200 Postage 411.000.654.534.800.420.00 286.74 UB Outsourcing area #200 Postage 411.000.655.535.800.420.00 286.73 9.5% Sales Tax 411.000.652.542.900.490.00 8.47 9.5% Sales Tax 411.000.654.534.800.490.00 8.47 9.5% Sales Tax 411.000.655.535.800.490.00 8.74 OUT SOURCING OF UTILITY BILLS56897 UB Outsourcing area # 700 Printing 411.000.652.542.900.490.00 23.10 UB Outsourcing area # 700 Printing 411.000.654.534.800.490.00 23.10 UB Outsourcing area # 700 Printing 6Page: Packet Page 66 of 602 09/16/2010 Voucher List City of Edmonds 7 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121224 9/16/2010 (Continued)070305 AUTOMATIC FUNDS TRANSFER 411.000.655.535.800.490.00 23.79 UB Outsourcing area # 700 Postage 411.000.654.534.800.420.00 97.46 UB Outsourcing area # 700 Postage 411.000.655.535.800.420.00 97.46 9.5% Sales Tax 411.000.652.542.900.490.00 2.20 9.5% Sales Tax 411.000.654.534.800.490.00 2.20 9.5% Sales Tax 411.000.655.535.800.490.00 2.25 Total :1,141.05 121225 9/16/2010 069226 BHC CONSULTANTS LLC 0003400 E8GA.SERVICES FROM 07/24-08/20/10 E8GA.Services from 07/24-08/20/10 412.300.630.594.320.410.00 11,588.63 Total :11,588.63 121226 9/16/2010 002500 BLUMENTHAL UNIFORM CO INC 827488-02 INV#827488-02 - EDMONDS PD - MACK UNIFORM PANTS 001.000.410.521.710.240.00 189.50 9.5% Sales Tax 001.000.410.521.710.240.00 18.00 INV#829600 - EDMONDS PD - STRONG829600 WOOL UNIFORM PANTS 001.000.410.521.220.240.00 325.50 S/S UNIFORM SHIRTS 001.000.410.521.220.240.00 131.32 L/S UNIFORM SHIRTS 001.000.410.521.220.240.00 179.74 5 IN 1 JACKET 001.000.410.521.220.240.00 200.00 NAME TAGS - D.J. STRONG 001.000.410.521.220.240.00 11.00 APPLY HEAT STAMP 7Page: Packet Page 67 of 602 09/16/2010 Voucher List City of Edmonds 8 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121226 9/16/2010 (Continued)002500 BLUMENTHAL UNIFORM CO INC 001.000.410.521.220.240.00 5.00 REFLECTIVE POLICE PANEL 001.000.410.521.220.240.00 8.00 L/S SHIRT - CLASS A 001.000.410.521.220.240.00 89.87 SILVER METAL BUTTONS 001.000.410.521.220.240.00 7.95 METAL NAMETAG - D.J. STRONG 001.000.410.521.220.240.00 18.00 NAVY TIE 001.000.410.521.220.240.00 5.95 9.5% Sales Tax 001.000.410.521.220.240.00 93.32 INV#829766 - EDMONDS PD - NELSON829766 L/S UNIFORM SHIRT 001.000.410.521.220.240.00 89.87 SERVICE BARS 001.000.410.521.220.240.00 7.80 9.5% Sales Tax 001.000.410.521.220.240.00 9.28 INV#832009 - EDMONDS PD - STRONG832009 STRIKER II BOOTS 001.000.410.521.220.240.00 139.95 9.5% Sales Tax 001.000.410.521.220.240.00 13.30 Total :1,543.35 121227 9/16/2010 067947 BROWNELLS INC 06110245.00 INV#06110245.00, A/C#00557761-EDMONDS PD 7/8" SQ SUPER DUTY PATCHES 001.000.410.521.400.310.00 21.86 Freight 001.000.410.521.400.310.00 11.50 INV#06110245.01, A/C#00557761-EDMONDS PD06110245.01 7/8" SQ SUPER DUTY PATCHES 001.000.410.521.400.310.00 32.79 8Page: Packet Page 68 of 602 09/16/2010 Voucher List City of Edmonds 9 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121227 9/16/2010 (Continued)067947 BROWNELLS INC 2" SQ SUPER DUTY PATCHES 001.000.410.521.400.310.00 135.60 CREDIT FOR RETURNED MERCHANDISERT00355156 1 1/8" MICRO FIBER PATCH 001.000.410.521.400.310.00 -66.52 2" MICRO FIBER PATCH 001.000.410.521.400.310.00 -79.32 Total :55.91 121228 9/16/2010 064592 CASCADE COLUMBIA DIST CO 532182 03432 CALCIUM NITRATE 411.000.656.538.800.310.11 1,425.00 9.5% Sales Tax 411.000.656.538.800.310.11 116.38 Total :1,541.38 121229 9/16/2010 070088 CASCADIA CONSULTING GROUP DILL1103 GREEN GARDENING PROGRAM DEBRA DILL: GREEN GARDENING PROGRAM 001.000.640.576.800.490.00 50.00 Total :50.00 121230 9/16/2010 073393 CHO, HOON MUN 8-20650 RE: 7777-001528 UTILITY REFUND Utility Ref US Bank/Cho 411.000.000.233.000.000.00 2.49 Total :2.49 121231 9/16/2010 066070 CIT TECHNOLOGY FIN SERV INC 17639632 COPIER LEASE PW copier lease for PW 001.000.650.519.910.450.00 643.07 Total :643.07 121232 9/16/2010 063902 CITY OF EVERETT I10002548 Water Quality - Water Lab Analysis Water Quality - Water Lab Analysis 411.000.654.534.800.410.00 981.00 Total :981.00 9Page: Packet Page 69 of 602 09/16/2010 Voucher List City of Edmonds 10 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121233 9/16/2010 019215 CITY OF LYNNWOOD 8126 INV#8126 CUST#1430 - EDMONDS PD VERIZON PHONES FOR NARCS 08/10 104.000.410.521.210.420.00 50.68 INV#8127 CUST#45 - EDMONDS PD8127 NARC NEXTEL PHONES - 08/10 104.000.410.521.210.420.00 56.37 Total :107.05 121234 9/16/2010 035160 CITY OF SEATTLE 2-533584-460571 WATER USEAGE FOR THE MONTH Water Useage for the Month of August 411.000.654.534.800.330.00 510.00 Total :510.00 121235 9/16/2010 004095 COASTWIDE LABS W2231009 Fac Maint - Cleaner, TT, Towels, Fac Maint - Cleaner, TT, Towels, 001.000.651.519.920.310.00 496.12 9.5% Sales Tax 001.000.651.519.920.310.00 47.13 Total :543.25 121236 9/16/2010 073135 COGENT COMMUNICATIONS INC Sep-10 C/A CITYOFED00001 Sep-10 Fiber Optics Internet Connection 001.000.310.518.870.420.00 916.20 Total :916.20 121237 9/16/2010 066368 CRYSTAL AND SIERRA SPRINGS 5374044 082610 INV#5374044 082610-29897715374044 EDMOND HOT/COLD COOLER RENTAL 001.000.410.521.100.310.00 7.00 5 GALLON DRINKING WATER 001.000.410.521.100.310.00 53.55 Freight 001.000.410.521.100.310.00 2.02 9.5% Sales Tax 001.000.410.521.100.310.00 5.76 Total :68.33 121238 9/16/2010 060914 CUMMINS NORTHWEST LLC 001-21000 FS 16 - Thermostat and Supplies 10Page: Packet Page 70 of 602 09/16/2010 Voucher List City of Edmonds 11 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121238 9/16/2010 (Continued)060914 CUMMINS NORTHWEST LLC FS 16 - Thermostat and Supplies 511.000.657.548.680.310.00 40.54 Freight 511.000.657.548.680.310.00 12.00 9.5% Sales Tax 511.000.657.548.680.310.00 4.99 Total :57.53 121239 9/16/2010 073414 DEIHL, BARBARA 073414 BIRD FEST SPEAKER Bird Fest Speaker 001.000.240.513.110.410.00 60.00 Total :60.00 121240 9/16/2010 073371 DENALI ADVANCED INTEGRATION 0139007-in HIGH AVAILABILITY FIREWALLS Palo Alto Networks PA-500 - Firewall310-00141 001.000.310.518.880.350.00 5,746.00 Threat Updates Subscription:310-00141 001.000.310.518.880.480.00 872.00 Support 1YR310-00141 001.000.310.518.880.480.00 1,304.00 Freight 001.000.310.518.880.350.00 13.42 Freight 001.000.310.518.880.480.00 5.08 9.5% Sales Tax 001.000.310.518.880.350.00 545.87 9.5% Sales Tax 001.000.310.518.880.480.00 206.72 Total :8,693.09 121241 9/16/2010 047450 DEPT OF INFORMATION SERVICES 2010080110 CUSTOMER ID# D200-0 Scan Services for August 2010 001.000.310.518.880.420.00 281.20 Total :281.20 11Page: Packet Page 71 of 602 09/16/2010 Voucher List City of Edmonds 12 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121242 9/16/2010 064531 DINES, JEANNIE 10-3132 INV#10-3132 - EDMONDS PD TRANSCRIPTION CASE #10-0056 001.000.410.521.210.410.00 75.00 TRANSCRIPTION CASE #10-1927 001.000.410.521.210.410.00 111.00 TRANSCRIPTION CASE #10-1639 001.000.410.521.210.410.00 96.00 TRANSCRIPTION CASE #10-0172 001.000.410.521.210.410.00 69.00 TRANSCRIPTION CASE #10-2424 001.000.410.521.210.410.00 153.00 TRANSCRIPTION CASE #10-2863 001.000.410.521.210.410.00 39.00 TRANSCRIPTION CASE #10-0294 001.000.410.521.210.410.00 21.00 Total :564.00 121243 9/16/2010 064531 DINES, JEANNIE 10-3134 MINUTE TAKING 09/07 City Council Minutes 001.000.250.514.300.410.00 252.00 Total :252.00 121244 9/16/2010 070336 DOSSETT, MICHAEL CON 091110 BIRD FEST SPEAKER Bird Fest presentation & field trip 001.000.240.513.110.410.00 180.00 Total :180.00 121245 9/16/2010 073037 EDMONDS ACE HARDWARE 001226/1 PARKS & RECREATION ROD THREAD 001.000.640.576.810.310.00 3.99 9.5% Sales Tax 001.000.640.576.810.310.00 0.38 PARKS AND RECREATION1187/1 ALLIGATOR CLIP 001.000.640.576.800.310.00 2.99 9.5% Sales Tax 12Page: Packet Page 72 of 602 09/16/2010 Voucher List City of Edmonds 13 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121245 9/16/2010 (Continued)073037 EDMONDS ACE HARDWARE 001.000.640.576.800.310.00 0.28 PARKS AND RECREATION1198/1 HORNET SPRAY 001.000.640.576.800.310.00 4.79 9.5% Sales Tax 001.000.640.576.800.310.00 0.46 PARKS AND RECREATION1207/1 BUCKET 001.000.640.576.800.310.00 4.49 9.5% Sales Tax 001.000.640.576.800.310.00 0.43 Total :17.81 121246 9/16/2010 007675 EDMONDS AUTO PARTS 26855 BRAKE CLEANER BRAKE CLEANER 001.000.640.576.800.310.00 11.94 9.5% Sales Tax 001.000.640.576.800.310.00 1.13 Total :13.07 121247 9/16/2010 007675 EDMONDS AUTO PARTS 26763 Sewer - LS 6 - Fan Belts Sewer - LS 6 - Fan Belts 411.000.655.535.800.310.00 33.78 9.5% Sales Tax 411.000.655.535.800.310.00 3.21 Total :36.99 121248 9/16/2010 067703 EDMONDS COMMUNITY COLLEGE EDCC2010 GYM RENTAL ED CC GYM RENTAL FOR VOLLEYBALL 001.000.640.575.520.450.00 5,210.00 Total :5,210.00 121249 9/16/2010 008550 EDMONDS SCHOOL DISTRICT #15 ESD0902 REFUND OF DAMAGE DEPOSIT REFUND OF DAMAGE DEPOSIT FOR PLAZA ROOM 001.000.000.239.200.000.00 200.00 13Page: Packet Page 73 of 602 09/16/2010 Voucher List City of Edmonds 14 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :200.001212499/16/2010 008550 008550 EDMONDS SCHOOL DISTRICT #15 121250 9/16/2010 008812 ELECTRONIC BUSINESS MACHINES 058160 Canon 5870 copy charge (color) and Canon 5870 copy charge (color) and 001.000.610.519.700.480.00 38.97 Canon 5870 copy charge (color) and 001.000.220.516.100.480.00 38.96 Canon 5870 copy charge (color) and 001.000.210.513.100.480.00 38.95 9.5% Sales Tax 001.000.610.519.700.480.00 3.70 9.5% Sales Tax 001.000.220.516.100.480.00 3.70 9.5% Sales Tax 001.000.210.513.100.480.00 3.70 Total :127.98 121251 9/16/2010 061759 FALK, ERIC M 9-7-10 FALK COLLISION RECONSTRUCTION - SPOKANE LODGING - 19 DAYS - FALK 001.000.410.521.400.430.00 1,825.90 FALK - DINNER - 8/8/10 001.000.410.521.400.430.00 11.63 FALK - LUNCH 8/9/10 001.000.410.521.400.430.00 5.42 FALK - LUNCH 8/10/10 001.000.410.521.400.430.00 7.38 FALK - DINNER 8/10/10 001.000.410.521.400.430.00 13.85 FALK - LUNCH 8/11/10 001.000.410.521.400.430.00 8.34 FALK - DINNER 8/11/10 001.000.410.521.400.430.00 48.76 FALK - LUNCH 8/12/10 001.000.410.521.400.430.00 11.23 FALK - BREAKFAST 8/13/10 001.000.410.521.400.430.00 5.15 14Page: Packet Page 74 of 602 09/16/2010 Voucher List City of Edmonds 15 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121251 9/16/2010 (Continued)061759 FALK, ERIC M FALK - LUNCH 8/13/10 001.000.410.521.400.430.00 8.84 FALK - DINNER 8/13/10 001.000.410.521.400.430.00 36.89 FALK - DINNER 8/14/10 001.000.410.521.400.430.00 15.50 FALK - BREAKFAST 8/15/10 001.000.410.521.400.430.00 3.97 FALK - DINNER 8/16/10 001.000.410.521.400.430.00 13.44 FALK - ROOM REFRIGERATOR 001.000.410.521.400.430.00 10.87 FALK - BREAKFAST 8/17/10 001.000.410.521.400.430.00 8.54 FALK - DINNER 8/18/10 001.000.410.521.400.430.00 11.83 FALK - BREAKFAST 8/19/10 001.000.410.521.400.430.00 4.02 FALK - LUNCH 8/19/10 001.000.410.521.400.430.00 7.24 FALK - DINNER 8/19/10 001.000.410.521.400.430.00 40.44 FALK - LUNCH 8/20/10 001.000.410.521.400.430.00 8.34 FALK - DINNER 8/20/10 001.000.410.521.400.430.00 14.72 FALK - LUNCH 8/22/10 001.000.410.521.400.430.00 7.66 FALK - LUNCH 8/23/10 001.000.410.521.400.430.00 9.77 FALK - BREAKFAST 8/24/10 001.000.410.521.400.430.00 3.96 FALK - DINNER 8/24/10 001.000.410.521.400.430.00 11.08 15Page: Packet Page 75 of 602 09/16/2010 Voucher List City of Edmonds 16 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121251 9/16/2010 (Continued)061759 FALK, ERIC M FALK - LUNCH 8/25/10 001.000.410.521.400.430.00 10.73 FALK - DINNER 8/25/10 001.000.410.521.400.430.00 34.39 FALK - DINNER 8/26/10 001.000.410.521.400.430.00 15.50 Total :2,215.39 121252 9/16/2010 011900 FRONTIER 425-744-1681 SEAVIEW PARK IRRIGATION MODEM SEAVIEW PARK IRRIGATION MODEM 001.000.640.576.800.420.00 40.96 SIERRA PARK IRRIGATION MODEM425-744-1691 SIERRA PARK IRRIGATION MODEM 001.000.640.576.800.420.00 40.30 GROUNDS MAINTENANCE FAX MODEM425-776-5316 GROUNDS MAINTENANCE FAX MODEM 001.000.640.576.800.420.00 109.93 Total :191.19 121253 9/16/2010 011900 FRONTIER 425-197-0932 TELEMETRY LIFT STATIONS~ Numbers TELEMETRY LIFT STATIONS~ Numbers 411.000.654.534.800.420.00 261.08 TELEMETRY LIFT STATIONS~ Numbers 411.000.655.535.800.420.00 261.07 FLEET MAINTENANCE FAX LINE425-672-7132 FLEET MAINTENANCE FAX LINE 511.000.657.548.680.420.00 96.20 SEWER - PW TELEMETRY425-774-1031 SEWER - PW TELEMETRY 411.000.655.535.800.420.00 45.93 LIBRARY ELEVATOR PHONE425-776-1281 LIBRARY ELEVATOR PHONE 001.000.651.519.920.420.00 40.96 LS 7425-776-2742 LS 7 16Page: Packet Page 76 of 602 09/16/2010 Voucher List City of Edmonds 17 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121253 9/16/2010 (Continued)011900 FRONTIER 411.000.655.535.800.420.00 25.56 LS 8425-778-5982 LS 8 411.000.655.535.800.420.00 54.65 1ST & PINE CIRCUIT LINE PT EDWARDS425-AB9-0530 1st & Pine Circuit Line for Pt Edwards 411.000.655.535.800.420.00 45.75 Total :831.20 121254 9/16/2010 068265 FRONTIER ONLINE 18491796 WATER - BROADBAND SERVICE Water- Broadband Service for Sept 2010 411.000.654.534.800.420.00 79.99 Total :79.99 121255 9/16/2010 069678 GOLDER ASSOCIATES INC 271167 Museum Project Prof Svc through 8/1/10 Museum Project Prof Svc through 8/1/10 116.000.651.519.920.410.00 1,420.24 Total :1,420.24 121256 9/16/2010 063137 GOODYEAR AUTO SERVICE CENTER 096299 Unit 58 - Tires Unit 58 - Tires 511.000.657.548.680.310.00 391.36 Fleet Tire Inventory 511.000.657.548.680.340.30 1,886.80 9.5% Sales Tax 511.000.657.548.680.310.00 37.18 9.5% Sales Tax 511.000.657.548.680.340.30 179.25 Total :2,494.59 121257 9/16/2010 072515 GOOGLE INC 1600119 INTERNET ANTI-VIRUS & SPAM MAINT FEE Internet Anti-Virus & Spam Maint Fee 001.000.310.518.880.480.00 523.33 Total :523.33 121258 9/16/2010 012355 GRCC/BAT HARRIS1115 BACKFLOW ASSEMBLY TEST 17Page: Packet Page 77 of 602 09/16/2010 Voucher List City of Edmonds 18 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121258 9/16/2010 (Continued)012355 GRCC/BAT APPLICATION FOR CERTIFICATION 001.000.640.576.800.490.00 245.00 BACKFLOW ASSEMBLY TESTROMERO0090 APPLICATION FOR BAT CERTIFICATION 001.000.640.576.800.490.00 245.00 Total :490.00 121259 9/16/2010 068015 GRICE INDUSTRIES INC 00007223 Water - 50' Cable for Pipe Tool Water - 50' Cable for Pipe Tool 411.000.654.534.800.310.00 95.00 Freight 411.000.654.534.800.310.00 9.00 Total :104.00 121260 9/16/2010 072900 GUTTMAN, BURTON C CON 0901110 BIRD FEST SPEAKER 2010 Bird Fest Speaker 001.000.240.513.110.310.00 60.00 Total :60.00 121261 9/16/2010 064721 HATZENBUHLER, HAROLD 70 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 617.000.510.522.200.230.00 125.00 Total :125.00 121262 9/16/2010 073413 HAUPT, LYANDA LYNN CON 091110 BIRD FEST KEYNOTE SPEAKER Bird Fest Keynote speaker 001.000.240.513.110.410.00 300.00 Total :300.00 121263 9/16/2010 072466 HOME STREET BANK E5MC.Retainage 10 E5MC.PREMIUM CONSTRUCTION RETAINAGE 10 E5MC.Premium Construction Retainage 10 125.000.640.594.750.650.00 2,183.79 Total :2,183.79 121264 9/16/2010 060165 HWA GEOSCIENCES INC 20704 Revised E6DA.SERVICES THRU 11/28/10 E6DA.Services thru 11/28/10 - Remaining 18Page: Packet Page 78 of 602 09/16/2010 Voucher List City of Edmonds 19 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121264 9/16/2010 (Continued)060165 HWA GEOSCIENCES INC 125.000.640.594.750.410.00 11,274.50 E6DA.SERVICES THRU 6/26/1021198 E6DA.Services thru 6/26/10 125.000.640.594.750.410.00 7,111.00 E6DA.SERVICES THRU 07/31/1021356 E6DA.Services thru 07/31/10 125.000.640.594.750.410.00 1,523.50 E6DA.SERVICES THRU 08/28/1021407 E6DA.Services thru 08/28/10 125.000.640.594.750.410.00 748.50 E8GC.SERVICES THRU 8/27/1021447 E8GC.Services thru 8/27/10 412.100.630.594.320.410.00 441.67 E8GC.Services thru 8/27/10 412.200.630.594.320.410.00 441.67 E8GC.Services thru 8/27/10 412.300.630.594.320.410.00 441.66 Total :21,982.50 121265 9/16/2010 070042 IKON 83111765 C/A 467070-1003748A4 FINANCE COPIER RENTAL 8/22-9/21 001.000.310.514.230.450.00 454.07 METER CHARGES 6/23-7/26 001.000.310.514.230.450.00 85.01 9.5% Sales Tax 001.000.310.514.230.450.00 51.22 Total :590.30 121266 9/16/2010 070042 IKON 83157817 COPIER LEASING Cannon Image Runner 7/22-8/31 001.000.250.514.300.450.00 1,128.91 Total :1,128.91 121267 9/16/2010 070042 IKON 83132778 Rent on reception copier. Rent on reception copier. 19Page: Packet Page 79 of 602 09/16/2010 Voucher List City of Edmonds 20 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121267 9/16/2010 (Continued)070042 IKON 001.000.620.558.800.450.00 30.66 Rent on Engineering color copier for83184309 Rent on Engineering color copier for 001.000.620.558.800.450.00 443.48 Rent on large copier for billing period83184312 Rent on large copier for billing period 001.000.620.558.800.450.00 827.00 Total :1,301.14 121268 9/16/2010 006841 IKON OFFICE SOLUTIONS 5014936742 Meter charges for the large copier - Meter charges for the large copier - 001.000.620.558.800.450.00 114.03 9.5% Sales Tax 001.000.620.558.800.450.00 10.83 Meter charges for Engineering copier5014954641 Meter charges for Engineering copier 001.000.620.558.800.450.00 93.67 9.5% Sales Tax 001.000.620.558.800.450.00 8.90 Total :227.43 121269 9/16/2010 069040 INTERSTATE AUTO PARTS 517819 Unit 69 - Onboard Battery Charger Unit 69 - Onboard Battery Charger 511.000.657.548.680.310.00 35.99 Freight 511.000.657.548.680.310.00 8.40 9.5% Sales Tax 511.000.657.548.680.310.00 4.22 Unit 124 - Tubing Bender Set518981 Unit 124 - Tubing Bender Set 511.000.657.548.680.310.00 19.39 9.5% Sales Tax 511.000.657.548.680.310.00 1.84 Fleet Shop Tool - Air Gauge519109 Fleet Shop Tool - Air Gauge 20Page: Packet Page 80 of 602 09/16/2010 Voucher List City of Edmonds 21 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121269 9/16/2010 (Continued)069040 INTERSTATE AUTO PARTS 511.000.657.548.680.350.00 10.75 9.5% Sales Tax 511.000.657.548.680.350.00 1.02 Fleet Shop Supplies519626 Fleet Shop Supplies 511.000.657.548.680.311.00 132.40 Freight 511.000.657.548.680.311.00 8.40 9.5% Sales Tax 511.000.657.548.680.311.00 13.38 Total :235.79 121270 9/16/2010 014940 INTERSTATE BATTERY SYSTEMS 772216 Unit 128 - Auto Parts and Supplies Unit 128 - Auto Parts and Supplies 511.000.657.548.680.310.00 54.70 9.5% Sales Tax 511.000.657.548.680.310.00 5.20 Total :59.90 121271 9/16/2010 073379 JOHNSON, RONALD D PLN20100055 Application withdrawn. Application withdrawn. 001.000.000.257.620.000.00 1,241.89 Total :1,241.89 121272 9/16/2010 065056 JOHNSON, TROY Johnson, Troy Monitor for City Hall Lobby for 9/13/10 Monitor for City Hall Lobby for 9/13/10 001.000.110.511.100.490.00 36.00 Total :36.00 121273 9/16/2010 073412 JORDAN, MARTHA CON 091110 BIRD FEST SPEAKER Bird Fest speaker 001.000.240.513.110.410.00 60.00 Total :60.00 121274 9/16/2010 066913 KDL HARDWARE SUPPLY INC 438522 Fac Maint - Lock Parts Fac Maint - Lock Parts 21Page: Packet Page 81 of 602 09/16/2010 Voucher List City of Edmonds 22 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121274 9/16/2010 (Continued)066913 KDL HARDWARE SUPPLY INC 001.000.651.519.920.310.00 58.80 Freight 001.000.651.519.920.310.00 5.62 9.5% Sales Tax 001.000.651.519.920.310.00 6.11 City Hall - Lock Supplies438563 City Hall - Lock Supplies 001.000.651.519.920.310.00 30.24 Freight 001.000.651.519.920.310.00 5.76 9.5% Sales Tax 001.000.651.519.920.310.00 3.42 Total :109.95 121275 9/16/2010 072976 KOMPAN INC INV68095 HICKMAN PARK PLAYGROUND IMPROVEMENT HICKMAN PARK PLAYGROUND IMPROVEMENTS 125.000.640.576.800.480.00 1,004.60 9.5% Sales Tax 125.000.640.576.800.480.00 95.44 Total :1,100.04 121276 9/16/2010 017135 LANDAU ASSOCIATES INC 26761 TASK ORDER 10-02.ISSACSON Task Order 10-02.Issacson 001.000.620.524.100.410.00 1,499.26 Total :1,499.26 121277 9/16/2010 072059 LEE, NICOLE 457 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 119.60 Total :119.60 121278 9/16/2010 067631 LODESTAR COMPANY INC 27420 2795 MAINTENANCE HVAC 411.000.656.538.800.480.23 525.13 9.5% Sales Tax 22Page: Packet Page 82 of 602 09/16/2010 Voucher List City of Edmonds 23 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121278 9/16/2010 (Continued)067631 LODESTAR COMPANY INC 411.000.656.538.800.480.23 49.89 Total :575.02 121279 9/16/2010 018760 LUNDS OFFICE ESSENTIALS 105001I LARGE HOOK LARGE HOOK 001.000.310.514.230.310.00 15.49 9.5% Sales Tax 001.000.310.514.230.310.00 1.47 FOLDER105002I FOLDERS 001.000.310.514.230.310.00 37.99 9.5% Sales Tax 001.000.310.514.230.310.00 3.61 Total :58.56 121280 9/16/2010 018760 LUNDS OFFICE ESSENTIALS 104999 DIRECTOR'S OFFICE CHAIR OFFICE CHAIR FOR P&R DIRECTOR 001.000.640.574.100.350.00 523.36 9.5% Sales Tax 001.000.640.574.100.350.00 49.72 Total :573.08 121281 9/16/2010 018760 LUNDS OFFICE ESSENTIALS 104987 Misc. office supplies including heavy Misc. office supplies including heavy 001.000.620.558.800.310.00 232.61 9.5% Sales Tax 001.000.620.558.800.310.00 22.10 Total :254.71 121282 9/16/2010 018950 LYNNWOOD AUTO PARTS INC 612217 Unit 775 - Lubricant Unit 775 - Lubricant 511.000.657.548.680.310.00 5.49 9.5% Sales Tax 511.000.657.548.680.310.00 0.52 Unit Toy-Pol - Oil Filter612695 23Page: Packet Page 83 of 602 09/16/2010 Voucher List City of Edmonds 24 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121282 9/16/2010 (Continued)018950 LYNNWOOD AUTO PARTS INC Unit Toy-Pol - Oil Filter 511.000.657.548.680.310.00 3.28 9.5% Sales Tax 511.000.657.548.680.310.00 0.31 Unit 18 - Fuel Filter612873 Unit 18 - Fuel Filter 511.000.657.548.680.310.00 3.57 9.5% Sales Tax 511.000.657.548.680.310.00 0.34 Fleet Returns613557 Fleet Returns 511.000.657.548.680.310.00 -8.72 9.5% Sales Tax 511.000.657.548.680.310.00 -0.83 Unit 20 - Filters613690 Unit 20 - Filters 511.000.657.548.680.310.00 32.36 9.5% Sales Tax 511.000.657.548.680.310.00 3.07 Unit 20 - Fuel Filter613990 Unit 20 - Fuel Filter 511.000.657.548.680.310.00 16.99 9.5% Sales Tax 511.000.657.548.680.310.00 1.61 Unit 27 - Supplies614310 Unit 27 - Supplies 511.000.657.548.680.310.00 41.70 9.5% Sales Tax 511.000.657.548.680.310.00 3.96 Unit 63 - Filters, Belts614498 Unit 63 - Filters, Belts 511.000.657.548.680.310.00 44.48 9.5% Sales Tax 511.000.657.548.680.310.00 4.23 Unit 114- Filter, Oil614572 24Page: Packet Page 84 of 602 09/16/2010 Voucher List City of Edmonds 25 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121282 9/16/2010 (Continued)018950 LYNNWOOD AUTO PARTS INC Unit 114- Filter, Oil 511.000.657.548.680.310.00 33.10 9.5% Sales Tax 511.000.657.548.680.310.00 3.14 Unit 105 - Wiper Blades614599 Unit 105 - Wiper Blades 511.000.657.548.680.310.00 20.30 9.5% Sales Tax 511.000.657.548.680.310.00 1.93 Total :210.83 121283 9/16/2010 068897 MARK-IT/LEGAL AFFAIRS N/A INV# N/A - EDMONDS PD 4X6 ZIPLOCK CITATION ENVELOPES 001.000.410.521.700.310.00 120.00 Freight 001.000.410.521.700.310.00 7.65 9.5% Sales Tax 001.000.410.521.700.310.00 12.13 Total :139.78 121284 9/16/2010 069362 MARSHALL, CITA 1138 INTERPRETER FEE INTERPRETER FEE 001.000.230.512.500.410.01 87.50 INTERPRETER FEE1139 INTERPRETER FEE 001.000.230.512.500.410.01 87.50 Total :175.00 121285 9/16/2010 019920 MCCANN, MARIAN 71 LEOFF 1 Reimbursement LEOFF 1 Reimbursement 009.000.390.517.370.290.00 5,582.25 Total :5,582.25 121286 9/16/2010 063773 MICROFLEX 00019477 TAXTOOLS ANNUAL MAINT 9/1/10-8/31/11 TAXTOOLS ANNUAL MAINTENANCE AND SUPPORT 25Page: Packet Page 85 of 602 09/16/2010 Voucher List City of Edmonds 26 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121286 9/16/2010 (Continued)063773 MICROFLEX 001.000.310.514.230.410.00 892.43 9.5% Sales Tax 001.000.310.514.230.410.00 84.78 Aug-10 TAX AUDIT PROGRAM00019487 Aug-10 TAX AUDIT PROGRAM 001.000.310.514.230.410.00 43.22 Total :1,020.43 121287 9/16/2010 024302 NELSON PETROLEUM 0436036-IN Sewer Lift Station 4 - Filter Supply Sewer Lift Station 4 - Filter Supply 511.000.657.548.680.310.00 131.92 9.5% Sales Tax 511.000.657.548.680.310.00 12.53 Fleet - Filter Inventory0436147-IN Fleet - Filter Inventory 511.000.657.548.680.340.40 85.82 9.5% Sales Tax 511.000.657.548.680.340.40 8.15 Total :238.42 121288 9/16/2010 065767 NORTHEND RENTAL & CONSTRUCTION 87548 Sewer - Portable Generator Rental Fees Sewer - Portable Generator Rental Fees 411.000.655.535.800.450.00 75.00 9.5% Sales Tax 411.000.655.535.800.450.00 7.13 Total :82.13 121289 9/16/2010 066391 NORTHSTAR CHEMICAL INC 14637 260 SODIUM BISULFITE 411.000.656.538.800.310.54 771.40 9.5% Sales Tax 411.000.656.538.800.310.54 73.28 Total :844.68 121290 9/16/2010 070045 NORTHUP GROUP 2230 INV #2230 EDMONDS PD - STRONG 26Page: Packet Page 86 of 602 09/16/2010 Voucher List City of Edmonds 27 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121290 9/16/2010 (Continued)070045 NORTHUP GROUP PRE-EMPLOY EVALUATION 001.000.410.521.100.410.00 340.00 Total :340.00 121291 9/16/2010 061013 NORTHWEST CASCADE INC 1-183180 HONEY BUCKET RENTAL HONEY BUCKET RENTAL: PINE STREET PARK 001.000.640.576.800.450.00 189.87 HONEY BUCKET RENTAL1-183181 HONEY BUCKET RENTAL: SIERRA PARK 001.000.640.576.800.450.00 189.87 Total :379.74 121292 9/16/2010 073392 NORTHWEST PERMIT INC BLD20100625 Duplicate online permit. Duplicate online permit. 001.000.000.257.620.000.00 65.00 Total :65.00 121293 9/16/2010 064215 NORTHWEST PUMP & EQUIP CO 2119186 Fleet Waste Disposal Maint Contract Fleet Waste Disposal Maint Contract 511.000.657.548.680.480.00 280.95 9.5% Sales Tax 511.000.657.548.680.480.00 26.69 Total :307.64 121294 9/16/2010 025690 NOYES, KARIN 000 00 160 Planning Board minutes on 9/8/10. Planning Board minutes on 9/8/10. 001.000.620.558.600.410.00 384.00 Total :384.00 121295 9/16/2010 063511 OFFICE MAX INC 939514 INV#939514 ACCT#520437 250POL EDMONDS PD KLEENEX FACIAL TISSUE 001.000.410.521.100.310.00 62.15 MANILA FOLDERS-LETTER SIZE 001.000.410.521.100.310.00 14.83 5x2 POST IT NOTES 001.000.410.521.100.310.00 11.01 27Page: Packet Page 87 of 602 09/16/2010 Voucher List City of Edmonds 28 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121295 9/16/2010 (Continued)063511 OFFICE MAX INC 3x3 POST IT NOTES 001.000.410.521.100.310.00 25.84 JUMBO PAPER CLIPS 001.000.410.521.100.310.00 17.32 HP INKJET Q2612A 001.000.410.521.910.310.00 70.17 9.5% Sales Tax 001.000.410.521.100.310.00 12.46 9.5% Sales Tax 001.000.410.521.910.310.00 6.67 Total :220.45 121296 9/16/2010 063511 OFFICE MAX INC 125217 SUPPLIES SUPPLIES 001.000.230.512.500.310.00 -191.38 SUPPLIES130824 SUPPLIES 001.000.230.512.501.310.00 467.34 SUPPLIES196098 SUPPLIES 001.000.230.512.500.310.00 45.75 SUPPLIES436135 SUPPLIES 001.000.230.512.500.310.00 72.05 SUPPLIES455166 SUPPLIES 001.000.230.512.501.310.00 108.62 SUPPLIES950809 SUPPLIES 001.000.230.512.501.310.00 354.82 Total :857.20 121297 9/16/2010 063511 OFFICE MAX INC 804892 DVD+RW, WALL CLOCK, TRAY, TONER DVD+RW 001.000.310.518.880.310.00 21.44 28Page: Packet Page 88 of 602 09/16/2010 Voucher List City of Edmonds 29 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121297 9/16/2010 (Continued)063511 OFFICE MAX INC WALL CLOCK, TRAY TONER 001.000.310.514.230.310.00 496.15 9.5% Sales Tax 001.000.310.518.880.310.00 2.04 9.5% Sales Tax 001.000.310.514.230.310.00 47.13 MOUSE PAD, CHAIRMATS910915 MOUSE PAD, CHAIRMATS 001.000.310.514.230.310.00 141.13 9.5% Sales Tax 001.000.310.514.230.310.00 13.40 Total :721.29 121298 9/16/2010 063511 OFFICE MAX INC 927645 VOICE RECORDER/OFFICE SUPPLIES FOLDERS 117.100.640.573.100.310.00 12.88 DIGITAL VOICE RECORDER 117.100.640.573.100.350.00 58.24 KLEENEX, BATTERIES 001.000.640.574.100.310.00 13.66 9.5% Sales Tax 117.100.640.573.100.310.00 1.22 9.5% Sales Tax 117.100.640.573.100.350.00 5.53 9.5% Sales Tax 001.000.640.574.100.310.00 1.30 PAPER/PENS958226 PASTEL PAPER, PENS 001.000.640.574.100.310.00 48.82 9.5% Sales Tax 001.000.640.574.100.310.00 4.64 Total :146.29 121299 9/16/2010 063511 OFFICE MAX INC 874540 OFFICE SUPPLIES office supplies 29Page: Packet Page 89 of 602 09/16/2010 Voucher List City of Edmonds 30 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121299 9/16/2010 (Continued)063511 OFFICE MAX INC 001.000.250.514.300.310.00 51.64 9.5% Sales Tax 001.000.250.514.300.310.00 4.90 OFFICE SUPPLIES897769 Office Supplies 001.000.250.514.300.310.00 110.63 9.5% Sales Tax 001.000.250.514.300.310.00 10.51 OFFICE SUPPLIES897929 Office Supplies 001.000.250.514.300.310.00 20.15 9.5% Sales Tax 001.000.250.514.300.310.00 1.91 OFFICE SUPPLIES907957 Office Supplies 001.000.250.514.300.310.00 16.82 9.5% Sales Tax 001.000.250.514.300.310.00 1.59 Total :218.15 121300 9/16/2010 063511 OFFICE MAX INC 860106 Water Quality - Mailing Labels Water Quality - Mailing Labels 411.000.654.534.800.310.00 91.88 9.5% Sales Tax 411.000.654.534.800.310.00 8.73 Total :100.61 121301 9/16/2010 068709 OFFICETEAM 31717930 TEMPORARY HELP Temporary Help in Clerk's Office 001.000.250.514.300.410.00 679.60 Total :679.60 121302 9/16/2010 066339 PACIFIC OFFICE AUTOMATION B07660 B/W copy overage fee (2395 overage) B/W copy overage fee (2395 overage) 411.000.654.534.800.480.00 11.96 30Page: Packet Page 90 of 602 09/16/2010 Voucher List City of Edmonds 31 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121302 9/16/2010 (Continued)066339 PACIFIC OFFICE AUTOMATION B/W copy overage fee (2395 overage) 411.000.655.535.800.480.00 11.96 B/W copy overage fee (2395 overage) 411.000.652.542.900.480.00 11.96 B/W copy overage fee (2395 overage) 111.000.653.542.900.480.00 11.95 Color copy overage fee (1068 copies) 411.000.654.534.800.480.00 31.63 Color copy overage fee (1068 copies) 411.000.655.535.800.480.00 31.63 Color copy overage fee (1068 copies) 411.000.652.542.900.480.00 31.63 Color copy overage fee (1068 copies) 111.000.653.542.900.480.00 31.63 9.5% Sales Tax 411.000.654.534.800.480.00 4.14 9.5% Sales Tax 411.000.655.535.800.480.00 4.14 9.5% Sales Tax 411.000.652.542.900.480.00 4.14 9.5% Sales Tax 111.000.653.542.900.480.00 4.14 Total :190.91 121303 9/16/2010 027165 PARKER PAINT MFG. CO.INC.964096 Museum - Primer Museum - Primer 001.000.651.519.920.310.00 10.41 9.5% Sales Tax 001.000.651.519.920.310.00 0.99 MCH - Paint Roller964101 MCH - Paint Roller 001.000.651.519.920.310.00 6.90 9.5% Sales Tax 001.000.651.519.920.310.00 0.66 31Page: Packet Page 91 of 602 09/16/2010 Voucher List City of Edmonds 32 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :18.961213039/16/2010 027165 027165 PARKER PAINT MFG. CO.INC. 121304 9/16/2010 029117 PORT OF EDMONDS 15808 INV#15808 - EDMONDS PD GATE LOCK BOX & KEYS TO DOCKS 001.000.410.521.220.310.00 83.50 Total :83.50 121305 9/16/2010 072444 PREMIUM CONSTRUCTION GROUP Prog Pmt 10 E5MC.PMT 10 FINAL E5MC.Pmt 10 FINAL 125.000.640.594.750.650.00 45,630.48 Total :45,630.48 121306 9/16/2010 073056 PROSPECT CONSTRUCTION INC 9 C-311 C-311 ODOR CONTROL PROJECT 414.000.656.594.320.650.10 127,604.95 Total :127,604.95 121307 9/16/2010 046900 PUGET SOUND ENERGY 7918807004 YOST POOL YOST POOL 001.000.640.576.800.470.00 3,111.43 Total :3,111.43 121308 9/16/2010 030780 QUIRING MONUMENTS INC 111610 INSCRIPTION INSCRIPTION: FLEURY 130.000.640.536.200.340.00 131.00 REPLACEMENT SCROLL111611 REPLACEMENT SROLL: VALIAR 130.000.640.536.200.340.00 226.00 INSCRIPTION111612 INSCRIPTION: TAYLOR 130.000.640.536.200.340.00 80.00 INSCRIPTION111613 INSCRIPTION: CHAPMAN 130.000.640.536.200.340.00 84.00 INSCRIPTION111614 INSCRIPTION: MARKEY 130.000.640.536.200.340.00 86.00 32Page: Packet Page 92 of 602 09/16/2010 Voucher List City of Edmonds 33 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121308 9/16/2010 (Continued)030780 QUIRING MONUMENTS INC INSCRIPTION111615 INSCRIPTION: PROCTOR 130.000.640.536.200.340.00 104.00 Total :711.00 121309 9/16/2010 064291 QWEST 206 Z02-0478 TELEMETRY TELEMETRY 411.000.656.538.800.420.00 138.52 Total :138.52 121310 9/16/2010 070955 R&R STAR TOWING 64108 INV#64108 - EDMONDS PD TOWING 2010 DODGE #BB7X980 001.000.410.521.220.410.00 158.00 9.5% Sales Tax 001.000.410.521.220.410.00 15.01 Total :173.01 121311 9/16/2010 073409 ROGERS, VANESSA ROGERS0907 REFUND CLASS REFUND - CHILD TOO YOUNG FOR 001.000.000.239.200.000.00 54.00 Total :54.00 121312 9/16/2010 073410 SAGER, JILL SAGER0908 REFUND REFUND FOR WRITE ON THE SOUND FEE 001.000.000.239.200.000.00 106.00 Total :106.00 121313 9/16/2010 071660 SARVEY AUDUBON SOCIETY CON 091110 BIRD FEST SPEAKER Bird Fest Speaker & Presenter 001.000.240.513.110.410.00 375.00 Total :375.00 121314 9/16/2010 068816 SIMPLEX GRINNELL 73824139 485514 TEST & INSP. SPRINKLER SYSTEM 411.000.656.538.800.480.21 250.00 33Page: Packet Page 93 of 602 09/16/2010 Voucher List City of Edmonds 34 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :250.001213149/16/2010 068816 068816 SIMPLEX GRINNELL 121315 9/16/2010 068489 SIRENNET.COM 0113764-IN Unit 31 - Supplies Unit 31 - Supplies 511.000.657.548.680.310.00 780.00 Freight 511.000.657.548.680.310.00 14.74 Total :794.74 121316 9/16/2010 036950 SIX ROBBLEES INC 14-220725-1 Unit K93 - Sensor Unit K93 - Sensor 511.000.657.548.680.310.00 68.57 9.5% Sales Tax 511.000.657.548.680.310.00 6.51 Unit 20 - Gaskets1-705318 Unit 20 - Gaskets 511.000.657.548.680.310.00 2.78 9.5% Sales Tax 511.000.657.548.680.310.00 0.26 Unit 20 - Brake and Axle Supplies19-027865 Unit 20 - Brake and Axle Supplies 511.000.657.548.680.310.00 133.50 9.2% Sales Tax 511.000.657.548.680.310.00 12.28 Total :223.90 121317 9/16/2010 037375 SNO CO PUD NO 1 2006-5085-1 600 3RD AVE S 600 3RD AVE S 001.000.640.576.800.470.00 41.46 600 3RD AVE S2006-5164-4 600 3RD AVE S 001.000.640.576.800.470.00 357.15 250 6TH AVE N2008-6924-6 250 6TH AVE N 001.000.640.576.800.470.00 101.28 23700 104TH AVE W2011-8453-8 34Page: Packet Page 94 of 602 09/16/2010 Voucher List City of Edmonds 35 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121317 9/16/2010 (Continued)037375 SNO CO PUD NO 1 23700 104TH AVE W 001.000.640.576.800.470.00 122.03 603 3RD AVE S2013-8327-0 603 3RD AVE S 001.000.640.576.800.470.00 29.51 251 6TH AVE N2014-5305-7 251 6TH AVE N 001.000.640.576.800.470.00 155.47 600 3RD AVE S2021-1448-4 UTILITIES: 600 3RD AVE S 001.000.640.576.800.470.00 70.16 Total :877.06 121318 9/16/2010 037375 SNO CO PUD NO 1 200496834 LIFT STATION #10 17526 TALBOT RD LIFT STATION #10 411.000.655.535.800.470.00 102.79 SCHOOL LIGHT 9110 OVD201431236 SCHOOL FLASHING LIGHT 111.000.653.542.640.470.00 31.04 SCHOOL LIGHT 7801 212TH SW202191284 STREET LIGHT 111.000.653.542.630.470.00 31.04 Total :164.87 121319 9/16/2010 063941 SNO CO SHERIFFS OFFICE I000253261 INV#I000253261 CUST#SSH00010 EDMONDS PD TASK FORCE JULY-DEC 2010 001.000.410.521.100.510.00 4,900.50 Total :4,900.50 121320 9/16/2010 063941 SNO CO SHERIFFS OFFICE AUG 2010 INMATE PRESCRIPTIONS - EDMONDS PD INMATE PRESCRIPTIONS 08/10 001.000.410.523.600.310.00 387.80 Total :387.80 121321 9/16/2010 006630 SNOHOMISH COUNTY I000253911 SOLID WASTE CHARGES 56687 SOLID WASTE DISPOSAL 35Page: Packet Page 95 of 602 09/16/2010 Voucher List City of Edmonds 36 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121321 9/16/2010 (Continued)006630 SNOHOMISH COUNTY 001.000.640.576.800.470.00 1,268.00 Total :1,268.00 121322 9/16/2010 064351 SNOHOMISH COUNTY TREASURER 2010-410 INV 2010-410 EDMONDS PD 64.67 BOOKINGS - AUGUST 2010 001.000.410.523.600.510.00 5,820.30 556.33 HOUSING DAYS - AUG 2010 001.000.410.523.600.510.00 34,770.63 64 DAYS WORK RELEASE - AUG 2010 001.000.410.523.600.510.00 2,688.00 INMATE PAYMENTS 12 DAYS @ $28 001.000.410.523.600.510.00 -336.00 INMATE PAYMENTS 21 DAYS @ $42 001.000.410.523.600.510.00 -882.00 Total :42,060.93 121323 9/16/2010 037800 SNOHOMISH HEALTH DISTRICT EDMONDS PD 08/10 EDMONDS PD 08/10 - ROBINSON ADMIN FEE 8/27/10 001.000.410.521.100.410.00 20.00 HEP B VACCINE 8/27/10 001.000.410.521.100.410.00 36.00 OFFICE VISIT 8/27/10 001.000.410.521.100.410.00 36.00 Total :92.00 121324 9/16/2010 068439 SPECIALTY DOOR SERVICE 29423 FS 20 - Door Operations Repairs FS 20 - Door Operations Repairs 001.000.651.519.920.480.00 202.75 9.5% Sales Tax 001.000.651.519.920.480.00 19.26 Total :222.01 121325 9/16/2010 039775 STATE AUDITOR'S OFFICE L85018 Audit Fees August 2010 Audit Fees August 2010 001.000.390.519.900.510.00 267.18 36Page: Packet Page 96 of 602 09/16/2010 Voucher List City of Edmonds 37 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121325 9/16/2010 (Continued)039775 STATE AUDITOR'S OFFICE Audit Fees August 2010 411.000.652.542.900.510.00 13.36 Audit Fees August 2010 411.000.654.534.800.510.00 44.53 Audit Fees August 2010 411.000.655.535.800.510.00 44.53 Audit Fees August 2010 411.000.656.538.800.510.00 44.53 Audit Fees August 2010 111.000.653.543.300.510.00 13.36 Audit Fees August 2010 511.000.657.548.680.510.00 17.81 Total :445.30 121326 9/16/2010 009400 STELLAR INDUSTRIAL SUPPLY INC 2963384 103364 BRIDGE CLAMP/SCREW 411.000.656.538.800.310.21 121.31 9.5% Sales Tax 411.000.656.538.800.310.21 11.16 Total :132.47 121327 9/16/2010 071585 STERICYCLE INC 3001075334 INV#3001075334 CUST#6076358 EDMONDS PD MINIMUM MONTHLY SERVICE CHARGE 001.000.410.521.910.410.00 10.00 9.5% Sales Tax 001.000.410.521.910.410.00 0.36 Total :10.36 121328 9/16/2010 040430 STONEWAY ELECTRIC SUPPLY 2286832 Sewer - Electric Parts for the Portable Sewer - Electric Parts for the Portable 411.000.655.535.800.350.00 3,737.13 9.5% Sales Tax 411.000.655.535.800.350.00 355.03 PW - Elect Supplies2294346 PW - Elect Supplies 37Page: Packet Page 97 of 602 09/16/2010 Voucher List City of Edmonds 38 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121328 9/16/2010 (Continued)040430 STONEWAY ELECTRIC SUPPLY 001.000.651.519.920.310.00 25.86 9.5% Sales Tax 001.000.651.519.920.310.00 2.46 Total :4,120.48 121329 9/16/2010 060801 SUBURBAN PROPANE 147005 Sewer - Propane Tank Annual Rental fees Sewer - Propane Tank Annual Rental fees 411.000.655.535.800.450.00 60.00 9.5% Sales Tax 411.000.655.535.800.450.00 5.70 Total :65.70 121330 9/16/2010 071590 TOWEILL RICE TAYLOR LLC Edmonds-Aug2010 Hearing Examiner services August 2010. Hearing Examiner services August 2010. 001.000.620.558.600.410.00 3,600.00 Expenses for August 2010.Edmonds-Aug2010EXP Expenses for August 2010. 001.000.620.558.600.410.00 18.55 Total :3,618.55 121331 9/16/2010 070767 UNITED RENTALS NW INC 89578195-001 Sewer - Fin Forms 4x8x3/4" Sewer - Fin Forms 4x8x3/4" 411.000.655.535.800.310.00 525.00 9.5% Sales Tax 411.000.655.535.800.310.00 49.88 Total :574.88 121332 9/16/2010 043935 UPS 0000w74w19360 INV 0000W74W19360 EDMONDS PD SHIPPING - GRAFFITI CAM 001.000.410.521.100.420.00 17.91 FUEL SURCHARGE 001.000.410.521.100.420.00 0.99 Total :18.90 121333 9/16/2010 062693 US BANK 1070 INV#1070 09/06/10 - THOMPSON -EDMONDS PD UPS PACKAGE PICK UP 8/29/10 38Page: Packet Page 98 of 602 09/16/2010 Voucher List City of Edmonds 39 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121333 9/16/2010 (Continued)062693 US BANK 001.000.410.521.100.420.00 5.28 UPS PACKAGE PICK UP 9/3/10 001.000.410.521.100.420.00 5.28 UPS CHG TO SHIP PKG 9/3/10 001.000.410.521.100.420.00 247.86 INV#3181 09/06/10 - BARD - EDMONDS PD3181 PARKING FOR NEW WORLD MTG 001.000.410.521.400.430.00 6.00 FOOD/FINGER PRINTING CLASS 001.000.410.521.400.310.00 5.99 REGISTRATION/WSCPA-DAWSON 001.000.410.521.400.490.00 100.00 REGISTRATION/LATENT PR-MOORE 001.000.410.521.400.490.00 375.00 INV#3512 09/06/10 -TRAINING-EDMONDS PD3512 FOOD/ADV. SWAT - LIM 8/26 001.000.410.521.400.430.00 8.93 MEAL/ADV. SWAT - LIM 8/27 001.000.410.521.400.430.00 12.76 FOOD/ADV. SWAT - LIM 8/27 001.000.410.521.400.430.00 10.72 FOOD/ADV. SWAT - LIM 8/28 001.000.410.521.400.430.00 12.00 FOOD/ ADV. SWAT - LIM 8/26 001.000.410.521.400.430.00 31.45 MEAL/ADV. SWAT - LIM 8/29 001.000.410.521.400.430.00 13.61 FOOD/ADV. SWAT - LIM 8/29 001.000.410.521.400.430.00 9.36 FOOD/ADV. SWAT - LIM 8/30 001.000.410.521.400.430.00 13.19 FOOD/ADV. SWAT - LIM 8/31 001.000.410.521.400.430.00 14.24 MEAL/ADV. SWAT - LIM 8/30 39Page: Packet Page 99 of 602 09/16/2010 Voucher List City of Edmonds 40 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121333 9/16/2010 (Continued)062693 US BANK 001.000.410.521.400.430.00 27.00 LODGING/ADV. SWAT - LIM 001.000.410.521.400.430.00 418.95 FEDEX CHG PKG-DNA SAMPLES 001.000.410.521.210.490.00 25.26 INV#3520 09/06/10 TRAINING - EDMONDS PD3520 LODGING/SS/RIID - FROLAND 001.000.410.521.400.430.00 77.35 MEAL/SS/RIID-SUTTON/YAMANE/FRO 001.000.410.521.400.430.00 177.64 LODGING/SS/RIID - SUTTON 001.000.410.521.400.430.00 77.35 LODGING/SS/RIID - YAMANE 001.000.410.521.400.430.00 77.35 Total :1,752.57 121334 9/16/2010 062693 US BANK 090310 POSTAGE FOR MAILING PASSPORTS POSTAGE FOR MAILING PASSPORTS 001.000.230.512.500.420.00 59.00 Total :59.00 121335 9/16/2010 062693 US BANK 2462 HP-UPS-CDW-CODESECTOR-PRINTERTECHS-TIGER HP parts for Det/Sgt printer 001.000.410.521.210.310.00 34.71 UPS return freight charges 001.000.310.518.880.420.00 19.93 CDW-Officejet Pro 8000 for Ops at WWTP 411.000.656.538.800.310.42 130.89 Avangate-TeraCopy Pro, TigerDirect-APC 001.000.310.518.880.310.00 363.63 PrinterTechs.com-HP LaserJet 4100 fuser 001.000.250.514.300.310.00 128.00 CDW-G-4GB flash drive for P/R 001.000.640.574.350.310.00 15.53 Late Payment Charge from 8/6/10 40Page: Packet Page 100 of 602 09/16/2010 Voucher List City of Edmonds 41 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121335 9/16/2010 (Continued)062693 US BANK 001.000.310.518.880.490.00 8.86 SHOPLET.COM4986 TRIMMERS, ORGANIZER,CD-R DISKS, SHELF 001.000.310.514.230.310.00 131.32 Total :832.87 121336 9/16/2010 062693 US BANK 3330 CREDIT CARD TRANSACTIONS SISTER CITY - YOST POOL ADMISSIONS 138.200.210.557.210.490.00 22.00 SISTER CITY - ZOO ADMISSIONS 138.200.210.557.210.490.00 247.50 FRAMES FOR SISTER CITY 138.200.210.557.210.490.00 50.23 CREDIT CARD TRANSACTIONS8669 WOTS POSTCARDS 117.100.640.573.100.490.00 185.06 DIGITAL PRINTS 123.000.640.573.100.490.00 118.75 FRANCES CHAPIN/MEMBERSHIP RENEWAL 117.100.640.573.100.490.00 125.00 MEADOWDALE PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 287.71 FRAMING FOR MAYOR'S PHOTO 001.000.210.513.100.490.00 55.25 DISCOVERY PROGRAM SUPPLIES 001.000.640.574.350.310.00 31.90 MEADOWDALE PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 55.78 BOWLING FEES FOR SR. CAMPERS 001.000.640.575.530.490.00 105.00 MEADOWDALE PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 171.49 TICKETS 117.100.640.573.100.490.00 135.00 DISCOVERY PROGRAM SUPPLIES: BARN OWL 41Page: Packet Page 101 of 602 09/16/2010 Voucher List City of Edmonds 42 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121336 9/16/2010 (Continued)062693 US BANK 001.000.640.574.350.310.00 36.14 MINI GOLF FEES FOR SR. CAMPERS 001.000.640.575.530.490.00 206.96 2-DISC SET FOR RHYTHMIC TEAM PROGRAM 001.000.640.575.550.310.00 46.00 BASKETBALL NETS, ETC. 001.000.640.575.520.310.00 26.21 AD FOR CEMETERY IN MYEDMONDSNEWS.COM 130.000.640.536.200.440.00 344.00 BIRD FEST SUPPLIES/HEAVY WEIGHT PAPER 001.000.240.513.110.310.00 28.66 DAVE TIMBROOK: TRAINING CONFERENCE 001.000.640.576.800.490.00 258.24 PRESCHOOL SUPPLIES 001.000.640.575.560.310.00 11.65 2011 CALENDARS FOR RENEE MCRAE AND 001.000.640.574.200.310.00 41.46 Total :2,589.99 121337 9/16/2010 062693 US BANK 3306 INTERFACE CABLE INTERFACE CABLE 411.000.656.538.800.310.22 164.82 Total :164.82 121338 9/16/2010 062693 US BANK 3462 CITY CLERK PURCHASE CARD Misc recorded documents 001.000.250.514.300.490.00 144.00 Recording of Utility Liens 411.000.654.534.800.490.00 341.00 Recording of Utility Liens 411.000.655.535.800.490.00 341.00 Total :826.00 121339 9/16/2010 062693 US BANK 3546 BlueAnt Wireless - Speaker Phones for BlueAnt Wireless - Speaker Phones for 42Page: Packet Page 102 of 602 09/16/2010 Voucher List City of Edmonds 43 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121339 9/16/2010 (Continued)062693 US BANK 411.000.654.534.800.420.00 99.99 BlueAnt Wireless - Speaker Phones for 411.000.655.535.800.420.00 99.99 BlueAnt Wireless - Speaker Phones for 111.000.653.542.900.420.00 99.99 USPS - Sewer - Return Postage to Cues 411.000.655.535.800.420.00 51.99 USPS - Fac Maint - L&I Safety Tape 001.000.651.519.920.420.00 5.72 USPS - Sewer - Return Postage to Cues 411.000.655.535.800.420.00 79.90 Total :437.58 121340 9/16/2010 062693 US BANK 1000 Click to Mail - Bag Ban Postcard 2 - Click to Mail - Bag Ban Postcard 2 - 001.000.620.558.600.440.00 148.74 Seminar registration for Jerry Shuster 001.000.620.532.200.490.00 395.00 H18424 Hanna Instruments for Jerry 412.200.630.594.320.410.00 253.00 Detergents for Jerry Shuster. 412.200.630.594.320.410.00 143.47 Ammonia (nitrogen) test strips for 412.200.630.594.320.410.00 53.14 Hanna Instruments HI 70300M Electrode 412.200.630.594.320.410.00 117.99 Grainger wash bottles for Jerry Shuster. 412.200.630.594.320.410.00 11.51 Total :1,122.85 121341 9/16/2010 062693 US BANK 3389 Plaque for Student Rep Graham Marmion Plaque for Student Rep Graham Marmion 001.000.110.511.100.490.00 24.04 Refreshments for Council Meetings 001.000.110.511.100.310.00 45.91 43Page: Packet Page 103 of 602 09/16/2010 Voucher List City of Edmonds 44 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount (Continued)Total :69.951213419/16/2010 062693 062693 US BANK 121342 9/16/2010 064423 USA BLUE BOOK 226688 Sewer - Manhole Nets Sewer - Manhole Nets 411.000.655.535.800.310.00 137.70 Freight 411.000.655.535.800.310.00 14.29 9.5% Sales Tax 411.000.655.535.800.310.00 14.44 Total :166.43 121343 9/16/2010 044960 UTILITIES UNDERGROUND LOC CTR 0080114 utility locates Aug 2010 utility locates Aug 2010 411.000.654.534.800.410.00 87.09 utility locates Aug 2010 411.000.655.535.800.410.00 87.09 utility locates Aug 2010 411.000.652.542.900.410.00 89.72 Total :263.90 121344 9/16/2010 073068 VALLEY BANK 9 C/A 348 OUR PROJECT C-311 RETAINAGE PROSPECT CONTR. 414.000.656.594.320.650.10 6,105.50 Total :6,105.50 121345 9/16/2010 073416 VAN DER VIEREN, MONICA CON 091110 BIRD FEST SPEAKER Bird Fest speaker 001.000.240.513.110.410.00 60.00 Total :60.00 121346 9/16/2010 069836 VOLT SERVICE GROUP 23406102 Temp Miranda Peers week ending 8/22/10. Temp Miranda Peers week ending 8/22/10. 001.000.620.524.100.410.00 416.00 Temp, Miranda Peers for week ending23449544 Temp, Miranda Peers for week ending 001.000.620.524.100.410.00 416.00 Temp Miranda Peers for week endin23494690 44Page: Packet Page 104 of 602 09/16/2010 Voucher List City of Edmonds 45 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 121346 9/16/2010 (Continued)069836 VOLT SERVICE GROUP Temp Miranda Peers for week endin 001.000.620.524.100.410.00 166.40 Total :998.40 121347 9/16/2010 072841 VS VISUAL STATEMENT INC 21213 INV#21213 - EDMONDS PD UPGRADE TO EDGEFX ULTIMATE 001.000.410.521.710.350.00 708.75 Total :708.75 121348 9/16/2010 066627 WASH ST CODE REVISOR 2010 REVISED CODE OF WASHINGTON 2010 RCW 001.000.250.514.300.310.00 230.00 9.5% Sales Tax 001.000.250.514.300.310.00 21.85 Total :251.85 121349 9/16/2010 065035 WASHINGTON STATE PATROL I11001617 INV#I11001617 EDM301 BACKGROUND CHECKS 08/2010 001.000.000.237.100.000.00 154.00 Total :154.00 121350 9/16/2010 073415 WILD BIRD FEEDERS & MORE LLC CON 091110 BIRD FEST SPEAKER Bird Fest speaker 001.000.240.513.110.410.00 60.00 Total :60.00 121351 9/16/2010 070717 WSU URBAN & PESTICIDE SAFETY HARRIS0913 PESTICIDE RECERTIFICATION TRAINING PESTICIDE RECERTIFICATION TRAINING: 001.000.640.576.800.490.00 100.00 Total :100.00 Bank total :521,065.12138 Vouchers for bank code :front 521,065.12Total vouchers :Vouchers in this report138 45Page: Packet Page 105 of 602 09/16/2010 Voucher List City of Edmonds 46 8:36:37AM Page:vchlist Bank code :front Voucher Date Vendor Invoice PO #Description/Account Amount 46Page: Packet Page 106 of 602 AM-3372   Item #: 2. D. City Council Meeting Date: 09/21/2010 Time:Consent   Submitted By:Linda Hynd Department:City Clerk's Office Review Committee: Committee Action: Type:Action  Information Subject Title Acknowledge receipt of a Claim for Damages from Donna L. Breske ($5,000.00). Recommendation from Mayor and Staff It is recommended that the City Council acknowledge receipt of the Claim for Damages by minute entry. Previous Council Action N/A Narrative Donna L. Breske 6621 Foster Slough Road Snohomish, WA 98296 ($5,000.00) Attachments Breske Claim for Damages Form Review Inbox Reviewed By Date Community Services/Economic Dev.Stephen Clifton 09/15/2010 02:47 PM Final Approval Sandy Chase 09/16/2010 01:50 PM Form Started By: Linda Hynd Started On: 09/15/2010 02:33 PM Final Approval Date: 09/16/2010  Packet Page 107 of 602 Packet Page 108 of 602 Packet Page 109 of 602 AM-3380   Item #: 2. E. City Council Meeting Date: 09/21/2010 Time:  Submitted By:Lorenzo Hines Department:Finance Committee:Finance Type:Action Information Subject Title Interlocal Agreement with SERS for Low Cost Dark Fiber. Recommendation from Mayor and Staff Mayor be authorized to sign "Interlocal Agreement Implementing Dark Fiber Optic Facilitation Agreement". Previous Council Action None. Narrative A major regional Public Safety project involving all Snohomish County Police and Fire Departments, as well as the County Sheriff, is underway to replace and unify the 911 and Police/Fire/EMS record system. The vendor supplying the new system is called "New World." As part of the "New World" effort, Snohomish Emergency Radio System (SERS) pursued a 30-year Irrevocable Right of Use (IRU) agreement with Blackrock to connect the County data center, and the region's two 911 centers with diverse redundant fiber routes. As part of the negotiations, SERS asked Blackrock to also connect any cities it passed through to the county "Meet-Me" room as part of the deal.  The terms that were eventually reached by SERS and Blackrock require Blackrock to connect the two 911 centers, provide interconnectivity within the county and provide six cities (Arlington, Edmonds, Lynnwood, Marysville, Mill Creek, and Mukilteo) three years free use of fiber that Blackrock owns in those cities. The term of the agreement is 30 years. Per the agreement, at the end of 3 years, those affected cities could combine their resources to pay an additional $300,000+ one-time fee and they would also be given a 30-year IRU. If the Cities chose not pursue an IRU, each city would start paying the $500/mo for the Blackrock connection at the end of 3 years.  As the intermediary step, Edmonds has the opportunity to enjoy the use of Blackrock fiber for 3 years. However, in order for this to occur the City needs to enter into an interlocal with SERS to take advantage of this opportunity and to release SERS from financial liability. Currently the City is paying about $500/mo for a fiber connection to the County. This connection is used for our video arraignment, other communications needs, and in the future the "New World" project. Signing of this agreement will save the City $500/mo for 3 years or a total of $18,000. Furthermore, assuming we will use this fiber for 30 years, a greater savings can occur if we participate in the acquisition of the 30yr IRU with the other cities. The savings over 30yrs would be greater than $130,000, assuming $50,000 as our 1/6 share for 30 years versus a total of $180,000 for a month to month arrangement. Fiscal Impact Packet Page 110 of 602 Fiscal Impact Fiscal Year:2010-2012 Revenue:Expenditure: Fiscal Impact: Suggest shift savings of approximately $2,000 in 2010 and $12,000 for the following two years to pay for a portion of City of Edmonds long term 30 year IRU. Attachments SERS Interlocal - Low Cost Fiber Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/16/2010 02:16 PM Community Services/Economic Dev.Stephen Clifton 09/16/2010 03:18 PM Final Approval Sandy Chase 09/16/2010 03:30 PM Form Started By: Lorenzo Hines Started On: 09/16/2010  Final Approval Date: 09/16/2010  Packet Page 111 of 602 Packet Page 112 of 602 Packet Page 113 of 602 Packet Page 114 of 602 Packet Page 115 of 602 Packet Page 116 of 602 AM-3378   Item #: 2. F. City Council Meeting Date: 09/21/2010 Time:Consent   Submitted For:Council President Steve Bernheim Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Action  Information Subject Title Ordinance amending the Edmonds City Code, Title 10, to add a new Chapter 10.95 Citizens’ Tree Board. Recommendation from Mayor and Staff Previous Council Action During the September 7, 2010 Edmonds City Council Meeting, the Council voted unanimously to adopt an ordinance to form a Tree Board (see attached minutes). Attachment:  September 7, 2010 Edmonds City Council DRAFT Minutes Narrative This ordinance has been placed on the Consent Agenda for approval. Attachment:  Tree Board Ordinance Attachments Sept 7 2010 Edmonds City Council Draft Minutes Proposed Ordinance - Citizen's Tree Board Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/16/2010 01:43 PM Community Services/Economic Dev.Stephen Clifton 09/16/2010 01:49 PM Final Approval Sandy Chase 09/16/2010 01:50 PM Form Started By: Jana Spellman Started On: 09/16/2010 10:33 AM Final Approval Date: 09/16/2010  Packet Page 117 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 17 Carlo Boley, Edmonds, expressed support for the creation of a Citizens Tree Board to provide oversight to the process of tree removal. He has helped organize a community greenbelt cleanup and removal of invasive species around the former Woodway Elementary and Madrona Schools. He envisioned the Tree Board could provide support for such efforts. He noted one of the goals of the Mayor’s Climate Protection Agreement is to reduce the City’s carbon emissions by 7% below 1990 levels by 2012; protecting trees is one way to achieve this goal. Roger Hertrich, Edmonds, asked whether the City could still collect taxes that funded the water and sewer bonds after the bonds were paid off. He concurred with Ms. Shippen’s request that the Mayor and Council should ask the ferry system how they plan to spend $26 million in Edmonds. Next, he objected to the Planning Department’s efforts to incorporate PRD regulations into the subdivision ordinance. Observing that a PRD is a special type of zoning that provides protection for neighborhoods, he urged the Council to instruct the Planning Board to discontinue that effort. He summarized if PRDs were eliminated, there would not be any perimeter requirements. Sheri Cam, Edmonds, a Floretum Garden Club Member, Snohomish County Master Gardener, Backyard Habitat, Plant Amnesty Member, and Heritage Tree Foundation promoter in Seattle, expressed support for establishing a Tree Board in Edmonds. She encouraged Edmonds to also establish a Heritage Tree Program. 6. UPDATE FROM PLANNING BOARD ON PRD/SUBDIVISION STUDY, PRD PERIMETER BUFFER ORDINANCE AND PLANNING BOARD NEEDS/PRIORITIES. Council President Bernheim observed the Planning Board indicates they plan to review the perimeter buffer issue next week and hold a public hearing in late October. He suggested the Council review the Planning Board’s Work Plan and he will schedule discussion of the Work Plan on a future agenda. 7. CONTINUED DISCUSSION AND POSSIBLE ACTION REGARDING A PROPOSED “TREE BOARD.” Planning Manager Rob Chave explained this topic was discussed at the Community Services/ Development Services Committee. The Tree Board is proposed in support of Tree City USA as well as to undertake proactive efforts. If and when the Tree Board begins to review City regulations, they will need Council approval because that effort will require substantial staff time. The Tree Board will do a lot of their work because there will not be any staff directed to that effort. He requested the Council clarify whether the Council President or Mayor would appoint the alternate and how replacement members would be appointed. The standard process is for the Mayor to make appointments which are then confirmed by the Council. Council President Bernheim explained there is a question regarding the number of members. As proposed, there would be 7 members; it has been suggested there be up to 15 members. Another issue is appointment to staggered terms. He suggested if the Council approves the formation of the Tree Board, half the members be appointed to a full term and half appointed to a half term to provide some rotation. Mr. Chave relayed Mr. Snyder’s suggestion that the sunset clause in Section 2 be eliminated. Councilmember Wilson asked how the Tree Board would be staffed. Mr. Chave explained it would be similar to the Historic Preservation Commission where staff does what they can. Historic Preservation Commissioners do their own research. There is also no funding for minute taking for the Tree Board; they would be expected to elect a Secretary who would prepare minutes. Councilmember Wilson asked if a Tree Board was required to become a Tree City USA. Mr. Chave answered it was one of the requirements. Packet Page 118 of 602 Edmonds City Council Draft Minutes September 7, 2010 Page 18 Councilmember Wilson commented there was no other commission structured like this in the City; even the Historic Preservation Commission has a Council liaison. There was no provision for a Councilmember to participate on the Tree Board. Mr. Chave answered that was typical for most boards and commissions; there is not a direct Council liaison. Councilmember Wilson asked how the Tree Board could be structured to ensure the Board integrated the Council’s vision. Mr. Chave commented most boards and commissions periodically report to the Council. Providing staff and a minute taker for the Tree Board was a budget issue. Mr. Snyder commented the Tree Board was being created to develop a tree ordinance designed to preserve and protect trees. If the tree ordinance affected the zoning code, review and public hearing by the Planning Board would be required. Although the Tree Board would be subject to the Open Public Meetings Act, there are no public hearing requirements. Mr. Chave viewed the Tree Board as a fact- gathering advisory body. The Tree Board could also serve as a sounding board when the tree regulations are reviewed in the future. Councilmember Wilson supported having 7 members appointed by Councilmembers. He suggested rather than having half the members serve 3 years and half serving 4 years, the terms be 2 years and 4 years. He did not feel it was necessary to appoint an alternate. Although he supported the formation of a Tree Board and a tree ordinance and protecting and preserving as many trees as possible, he did not want to protect and preserve 100% of the trees in Edmonds. COUNCIL PRESIDENT BERNHEIM MOVED, SECONDED BY COUNCILMEMBER WILSON, TO ADOPT THE ORDINANCE WITH THE FOLLOWING CHANGES: 1. KEEP THE NUMBER OF MEMBERS AT 7. 2. REVISE THE LAST SENTENCE OF PARAGRAPH A ON PAGE 2 TO READ, “SUBSEQUENT TO THE INITIAL APPOINTMENTS, RECOMMENDATIONS FOR RENEWAL/REPLACEMENTS, WHEN REQUIRED, WILL BE MADE BY THE FULL COUNCIL.” 3. CHANGE 3 YEAR TERMS TO 2 YEAR TERMS. 4. REMOVE THE PROVISION REGARDING AN ALTERNATE MEMBER. 5. REMOVE THE SUNSET CLAUSE IN SECTION 2. Councilmember Wilson suggested clarifying in Section 10.95.010B that the terms correlate to the terms of Councilmembers. Council President Bernheim agreed. Mr. Snyder suggested the ordinance be revised in accordance with Council direction and scheduled on the Council’s next Consent Agenda. Councilmember Peterson referred to Section 10.95.010B that states each member may seek renewal for one additional term. He clarified if a person were appointed to a 2 year term, they could seek renewal for one additional term, a total of 6 years. Council President Bernheim agreed, noting subsequent to the initial appointments, all terms would be 4 years. Councilmember Plunkett asked whether other boards and commissions had term limits. Mr. Snyder answered there were on some. MOTION CARRIED UNANIMOUSLY. 8. MAYOR'S COMMENTS In response to Ms. Shippen, Mayor Cooper explained Mr. Clifton’s communication with the Washington State Ferries (WSF) was at his request and there have been several telephone conversations subsequent to the email Ms. Shippen referred to. Staff is pressing WSF but the answer they give is the answer they give and there was little more that could be done other than make the City’s position clear. He suggested the Packet Page 119 of 602 {WSS820599.DOC;1\00006.900000\ } - 1 - 0006.90000 WSS/gjz 9/14/10 ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE, TITLE 10, TO ADD A NEW CHAPTER 10.95 CITIZENS TREE BOARD , AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, the Edmonds City Council developed a sustainability agenda during their 2009 retreat; and WHEREAS, the Edmonds City Council enacted Resolution 1129 to adopt the United States (US) Mayors’ Climate Protection Agreement as amended by the 73rd Annual US Conference of Mayors; and WHEREAS, old growth forests have been heavily logged in the Pacific Northwest section of the US resulting in a significant loss of native conifers, and native deciduous trees including big leaf maples and red alders are in decline; and WHEREAS, urban forests provide habitat for wildlife, including migratory birds; and WHEREAS, urban forests lessen the effects of storm events by slowing the rate of surface water runoff and thus reducing the need for construction and maintenance of flood control structures; and WHEREAS, tree roots stabilize steep slopes minimizing the amount of soil erosion; and Packet Page 120 of 602 {WSS820599.DOC;1\00006.900000\ } - 2 - WHEREAS, urban forests improve air and water quality and sequester carbon; and WHEREAS, the Edmonds City Council finds it to be in the public interest to establish a Citizens’ Tree Board, one of the four steps to becoming certified as a Tree City USA® by the US Department of Agriculture’s Forest Service Urban and Community Forestry Program; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The Edmonds City Code, Title 10, is hereby amended by the adoption of a new Chapter 10.95 Citizens’ Tree Board 10.95.010 Board created - membership to read as follows: 10.95.020 Officers of Board - meetings - forum. 10.95.030 Powers and duties. 10.95.010 Board created - membership. A. There is hereby created a Citizens’ Tree Board consisting of up to seven (7) members plus one (1) alternate. Citizens must be Edmonds residents. It is recommended the Board include citizens from throughout the City (representing different watersheds and neighborhoods). Additionally, those with professional or hobbyist interest/experience in urban forestry, horticulture, and habitat enviroscaping are preferred; these may include arborists, botanists, horticulturists, native plant experts, master gardeners, wildlife experts, and related. The members shall be appointed in the following manner: Within thirty (30) days after this ordinance is passed, the City shall draft and publish an announcement seeking applicants for board membership. The standard City of Edmonds Citizen Board and Commission Application will be used. Prospective board members will have thirty (30) days to submit their application. Initially, each Councilmember will appoint one (1) Tree Board member within thirty (30) days following the close of the application period. The alternate member shall be appointed by the Council President or Mayor (as determined by the Council). The selections shall be made based on the qualifications described per the applications; Packet Page 121 of 602 {WSS820599.DOC;1\00006.900000\ } - 3 - Councilmembers may also interview applicants at their discretion. Subsequent to the initial appointments, recommendations for renewal/replacements, when required, will be made by the Council President or Mayor ( as determined by the and approval of by the full Council. B. The term of appointment shall be four (4) years. However, initially, to ensure transitional consistency 4 (four) three (3) members shall be appointed to 4 (four) four (4) year terms and 3 (three) four (4) members (plus the alternate) shall be appointed to three (3) two (2) year terms. Councilmembers whose terms expire in 2011 shall appoint members to initial two (2) year terms. Councilmembers whose terms expire in 2013 shall appoint members to initial four (4) year terms. Thereafter, appointments shall coincide with the terms of newly elected Councilmembers. Each member, at his or her discretion, may seek renewal for one additional term. 10.95.020 Officers of bBoard - meetings - forum. Members of the Commission shall meet and organize by election, from the members of the Board, a chair and vice chair and other officers as may be determined by the Board. It shall be the duty of the chair to preside at all meetings. The vice chair shall perform this duty in the absence of the chair. A majority of the filled positions on the Board shall constitute a quorum for the transaction of business. The Board is expected to meet monthly or as otherwise agreed to by the Board. The regular public meeting of the Board shall be held at such time or place as may be determined by the chair or a majority of the members of the Board. 10.95.030 Powers and duties. A. The Board is empowered to advise and make recommendations to the Mayor and City Council and, as appropriate, to the Planning Board and other boards or commissions of the /City on such matters including but not limited to: 1. Developing a tree ordinance designed to preserve and protect existing trees, encourage planting of additional trees, safeguard trees on parcels where construction or renovation is occurring or planned to occur, and encouraging the Edmonds citizenry to become active stewards of the urban forest. Packet Page 122 of 602 {WSS820599.DOC;1\00006.900000\ } - 4 - 2. Increasing community outreach and education regarding the value of trees, proper selection of trees, and correct methods for planting of and caring for trees. 3. Working with civic, religious, and citizen groups to organize invasive plant removal and native vegetation planting in accord with the Department of Parks, Recreation and Cultural Services. 4. Coordinating with other citizen groups to specific projects. 5. Facilitate relevant grant applications supporting ecology and watershed protection projects. 6. Sponsoring an annual Arbor Day Event. 7. Working towards achievement of Tree City USA® status. B. The Board shall provide an annual report to the City Council in December of each year. Section 2. Sunset Clause. The provisions of this ordinance will not be subject to a sunset clause. This ordinance may be repealed or amended by act of the Edmonds City Council. Section 3.Section 2. Effective Date APPROVED: . This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take effect five (5) days after passage and publication of an approved summary thereof consisting of the title. MAYOR GARY HAAKENSONMIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE Packet Page 123 of 602 {WSS820599.DOC;1\00006.900000\ } - 5 - APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY W. SCOTT SNYDER FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 124 of 602 {WSS820599.DOC;1\00006.900000\ }- 6 - SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2010, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE EDMONDS CITY CODE, TITLE 10, TO ADD A NEW CHAPTER 10.95 CITIZENS TREE BOARD, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________, 2010. CITY CLERK, SANDRA S. CHASE Packet Page 125 of 602 AM-3360   Item #: 2. G. City Council Meeting Date: 09/21/2010 Time:Consent   Submitted By:Brian McIntosh Department:Parks and Recreation Review Committee: Committee Action: Type:Action  Information Subject Title Authorization of Resolution to submit grant application for 2011 Snohomish County CDBG Public Facilities & Infrastructure Projects Funding for Senior Center Siding Replacement and Waterproofing. Recommendation from Mayor and Staff Authorize Mayor to sign Resolution to submit with CDBG grant application. Previous Council Action None Narrative As part of the Snohomish County Development Block Grant (CDBG) application process a City Council Resolution authorizing application for these funds is required.  Funding is distributed through the CDBG by the federal office of Housing & Urban Development (HUD) following receipt and evaluation of the grant application and in person interviews with a project evaluation panel.  This application will request $156,170 in funding assistance to replace siding and provide waterproofing for outer walls that have deteriorated. Attachments CDBG HUD Resolution Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/16/2010 02:16 PM Community Services/Economic Dev.Stephen Clifton 09/16/2010 03:18 PM Final Approval Sandy Chase 09/16/2010 03:30 PM Form Started By: Brian McIntosh Started On: 09/08/2010 05:11 PM Final Approval Date: 09/16/2010  Packet Page 126 of 602 RESOLUTION NO._______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, AUTHORIZING APPLICATION FOR 2011 HUD BLOCK GRANT FUNDING ________________________________________________________________ WHEREAS, The City Council of the City of Edmonds has historically applied for Community Development Block Grant (HUD) Funds; and, WHEREAS, The Snohomish County CDBG Consortium announces the availability of 2011 funds for non-housing capital projects through the CDBG program; and, WHEREAS, The City Council of the City of Edmonds owns the South County Senior Center located at 220 Railroad Avenue and leases the facility at a nominal cost to the South County Senior Center, a non-profit program for senior citizen activities and services; and, WHEREAS, The City Council of the City of Edmonds has recognized the Senior Center Siding Replacement & Waterproofing Project for application of CDBG Grant funding: and, WHEREAS, The City Council of the City of Edmonds considers it in the public interest to support and submit application for CDBG project for the South County Senior Center. THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Mayor is hereby authorized to make formal application to the Snohomish County Community Development Block Grant Consortium for funding assistance. Section 2. The CDBG Grants funding assistance so received shall be used for siding replacement and waterproofing at the South County Senior Center, 220 Railroad Avenue, Edmonds, Washington. Section 3. This resolution shall form part of a formal application to the Snohomish County Community Development Block Grant Consortium. RESOLVED this 21st day of September, 2010. APPROVED: _____________________________ MAYOR, MIKE COOPER ATTEST / AUTHENTICATED; FILED WITH THE CITY CLERK:__________ _________________________ PASSED BY THE CITY COUNCIL: ________ CITY CLERK, SANDY CHASE RESOLUTION NO.______________________ Packet Page 127 of 602 AM-3371   Item #: 3. City Council Meeting Date: 09/21/2010 Time:30 Minutes   Submitted By:Michael Clugston Department:Planning Review Committee: Committee Action: Type:Action  Information Subject Title Public hearing on the proposed updates to land use permit review procedures contained in the Edmonds Community Development Code (ECDC) Chapters 20.01 through 20.08, excluding 20.05, which include staff reassuming the public notice requirements for project applications; reorganizing and clarifying portions of text; and updating the permit type matrix in ECDC 20.01.003.A. (File No. AMD20100013) Recommendation from Mayor and Staff Approve the changes recommended by the Planning Board on 7/28/10 and contained in Exhibit 4, and direct the City Attorney to draft an ordinance for Council approval. Previous Council Action Council approved a major update to the land use permit processing procedures in the ECDC in June 2009. In 2010 Council approved interim ordinances #3775 and #3783 to reassume closed record administrative appeal reviews for certain land use projects (Exhibits 1 and 2).  This topic was reintroduced to the Council as indicated in the meeting minutes of 8/16/10 (Exhibit 8). Narrative In January 2010 the Council approved an interim zoning ordinance reinstating its role in certain appeals, and referred the issue to the Planning Board for a recommendation for a permanent code change. The change essentially reinstated the Council's role as it was prior to the Title 20 amendments adopted in June, 2009. Since the Title 20 updates were adopted by Council in June 2009, staff has also identified several areas requiring further refinement, and these were included in the Planning Board's review. The Planning Board's recommendaton includes action on the Council's appeals along with the administrative staff refinements. The proposed changes are included in a redlined version of the code (Exhibit 3) and a clean version (Exhibit 4) for ease of comparison. Exhibits 5 and 6 are the draft minutes and agenda memo from the Planning Board's public hearing held on July 28. Exhibit 7 contains additional Planning Board minutes and supplemental material reviewed by the Planning Board in April and June. The proposed changes will codify the Council's interim ordinances adopted earlier this year, ordinances #3775 and #3783. The Planning Board discussed again at length the merits of closed record administrative appeals being heard by Council (Exhibit 5). Ultimately, the Board recommended continuing Council's involvement at that stage of the permitting process while suggesting further study of the topic by the Council (see minutes). Packet Page 128 of 602 Other changes proposed include:  1) Staff reassuming the public notice requirements for project applications; 2) Reorganizing and clarifying portions of text; 3) Updating the permit type matrix in ECDC 20.01.003.A to accurately reflect the types of permits processed in Edmonds; 4) Adding a 90-day extension opportunity for applicants to submit required information in support of incomplete permits; 5) Removing the Draft Environmental Impact Statement (DEIS) from the permit matrix. The DEIS is not a land use permit but rather a factual document used in support of making a land use permit decision like a subdivision or a rezone. There is no decision for the Hearing Examiner to make on a DEIS and there are separate statutory requirements that a lead agency must follow for DEIS review and appeal which are fully described in ECDC 20.15A. ECDC 20.15A adopts WAC 197-11-535 which allows for the option of a public hearing on the DEIS and the WAC specifies a process for how such a hearing must be held. Attachments Exhibit 1 - Ord. 3775 Exhibit 2 - Ord. 3783 Exhibit 3 - Title 20 redlined Exhibit 4 - Title 20 clean Exhibit 5 - 7/28/10 PB minutes Exhibit 6 - 7/28/10 PB memo and attachments Exhibit 7 - 6/9/10 PB memo and attachments Exhibit 8 - 8/16/10 Council minutes Form Review Inbox Reviewed By Date Planning Department Rob Chave 09/16/2010 05:48 PM City Clerk Sandy Chase 09/17/2010 08:46 AM Community Services/Economic Dev.Stephen Clifton 09/17/2010 09:00 AM Final Approval Sandy Chase 09/17/2010 09:01 AM Form Started By: Michael Clugston Started On: 09/15/2010 12:03 PM Final Approval Date: 09/17/2010  Packet Page 129 of 602 Packet Page 130 of 602 Packet Page 131 of 602 Packet Page 132 of 602 Packet Page 133 of 602 Packet Page 134 of 602 Packet Page 135 of 602 Packet Page 136 of 602 Packet Page 137 of 602 Packet Page 138 of 602 Packet Page 139 of 602 Packet Page 140 of 602 Packet Page 141 of 602 Packet Page 142 of 602 Packet Page 143 of 602 Packet Page 144 of 602 Packet Page 145 of 602 Packet Page 146 of 602 Packet Page 147 of 602 Packet Page 148 of 602 Packet Page 149 of 602 Packet Page 150 of 602 Council Discussion Draft 8-16-10 1 EXHIBIT A Chapter 20.01 TYPES OF DEVELOPMENT PROJECT PERMITS Sections: 20.01.000 Purpose and general provisions 20.01.001 Types of Actions 20.01.002 Determination of proper procedure type. 20.01.003 Permit type and decision framework. [moved 20.01.004 Joint Public Hearings to 20.06 Open Record Public Hearings ] [incorporated 20.01.005 Decision with 20.01.001] 20.01.006 Legislative enactments not restricted. 20.01.007 Exempt projects. 20.01.000 Purpose and general provisions A. The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development project permit application decisions made by the City of Edmonds. These procedures are intended to: • Promote timely and informed public participation; • Eliminate redundancy in the application, permit review, and appeals processes; • Process permits equitably and expediently; • Balance the needs of permit applicants with neighbors; • Ensure that decisions are made consistently and predictably; and • Result in development that furthers City goals as set forth in the Comprehensive Plan. These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. B. The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code. When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements. Where conflicts occur between provisions of this Code and/or between the Code and other City regulations, the more restrictive provisions shall apply. Where conflict between the text of this Code and the zoning map ensue, the text of this Code shall prevail. C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. Exhibit 1 Deleted: APPLICATIONS Comment: New section Deleted: Procedures for processing development project permits. Deleted: Development project permit application Deleted: 20.01.004 Deleted: Joint public hearings. Deleted: .001 Deleted: 20.01.005 Deleted: Decisions. Deleted: Exemptions from development project permit application processing Packet Page 151 of 602 Council Discussion Draft 8-16-10 2 20.01.001 Types of Actions There are five main types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. A. Administrative Decisions. Type I and II decisions are administrative decisions made by the Development Services Director or his/her designee (hereinafter the “director”). Type I permits are ministerial decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits are administrative decisions where the Director makes a decision based on standards and clearly identified criteria, but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. B. Quasi-judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial decisions that involve the use of discretionary judgement in the review of each specific application. Quasi-judicial decisions are made by the Hearing Examiner, the Architectural Design Board, and/or the city council. C. Legislative Decision. Type V actions are legislative decisions made by the city council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. 1. Planning Board. The Planning Board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the Planning Board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the Planning Board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in ECDC 20.03.004. 4. Implementation. City council decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. Packet Page 152 of 602 Council Discussion Draft 8-16-10 3 20.01.002 Determination of proper procedure type. A. Determination by Director. The director shall determine the proper procedure for all project applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure. B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in ECDC 20.01.003. The applicant may determine whether the application will be processed collectively or individually. If the applications are processed individually, the highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from the highest numbered to the lowest. C. Decisionmaker(s). Applications processed in accordance with subsection B of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner or Planning Board, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to ECDC 20.01.004. Concurrent public hearings held with the design review board and any other decisionmaker shall proceed with both decisionmakers present. 20.01.003 Permit Type and Decision Framework. A. Permit Types. TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A TYPE IV-B TYPE V Zoning Compliance Letter Outdoor Dining Essential Public Facilities Final formal plats Site specific rezone Development agreements Lot Line Adjustment Formal interpretation of the text of the ECDC by the Director Technological impracticality waiver for amateur radio antennas Design review (where public hearing by Architectural Design Board is required) Final Planned Residential Development Zoning text amendments; area-wide zoning map amendments Shoreline substantial development, Comprehensive plan amendments Formatted: Centered Deleted: 20.01.001 Procedures for processing development project permits.¶ ¶ Deleted: A.For the purpose of development project permit processing, all development project permit applications shall be classified as one of the following as addressed and referenced in ECDC 20.01.003: Type I, Type II, Type III or Type IV. Legislative decisions are Type V actions, and are addressed in ECDC 20.01.005. Exclusions from the requirements of development project permit application processing are contained in ECDC 20.01.003(B). Deleted: [incorporated and expanded in 20.01.000] Inserted: [incorporated and expanded in 20.01.000] Deleted: ¶ Deleted: ¶ B.Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action the deadline shall run until the next day Deleted: Development Services Director or his/her designee (hereinafter Deleted: development Deleted: Development project permit application framework Deleted: Decisions Deleted: Statement of zoning restrictionDeleted: Modification to landscape plans Inserted: Deleted: Plat vacations and alterations Deleted: / contract Deleted: Boundary line adjustments, l Deleted: Architectural Deleted: , Deleted: lot combination Deleted: or designated staff Comment: Edmonds doesn’t have site plan review Comment: Home occ is with business license or III-B Comment: Edmonds doesn’t have site plan Deleted: Permitted uses not requiring site plan reviewDeleted: Home occupation permit Deleted: Site plan/major amendments to site plans ... [4] ... [1] ... [5] ... [2] ... [8] ... [7] ... [9] ... [6] ... [3] ... [10] Packet Page 153 of 602 Council Discussion Draft 8-16-10 4 shoreline conditional use, shoreline variance Accessory Dwelling Unit Conditional use permits (where public hearing by Hearing Examiner is required) Annexations Minor Amendments to Planned Residential Development SEPA determinations Variances Development regulations Minor Preliminary Plat Amendment Revisions to shoreline management permits Staff design review, including signs Administrative variances Preliminary formal plat Preliminary short plat Preliminary Planned Residential Development Sales Office/Model (17.70.005) Land clearing/Grading Home Occupation Permit (where public hearing by Hearing Examiner is required.) Shoreline Exemptions Land Use Permit Extension Requests Final Short Plat Guest House Critical Area Determinations [moved to 20.01.007 Exemption from development project permit application processing] B. Decision Table. Formatted: Font: 11 pt Formatted: Strikethrough Comment: Edmonds doesn’t have SUPs Deleted: Special use permits Deleted: General Deleted: and sign permit variances Comment: DEIS is not a permit and follows existing requirements in RCW, WAC and ECDC 20.15A Deleted: Draft environmental impact statement Deleted: Master Plan Comment: Staff design review w/building permit Deleted: Sign permits Deleted: Short Deleted: B.The following permits or approvals are specifically excluded from the procedures set forth in this Title: landmark designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under Title 18. Deleted: C Deleted: Action Type Packet Page 154 of 602 Council Discussion Draft 8-16-10 5 PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A TYPE IV-B TYPE V Recommendation by: N/A N/A N/A N/A N/A Planning Board Planning Board Final decision by: Director Director Hearing examiner Hearing examiner / ADB City council City council City council Notice of application: No Yes Yes Yes Yes Yes No Open record public hearing or open record appeal of a final decision: No Only if appealed, open record hearing before hearing examiner Yes, before hearing examiner to render final decision Yes, before hearing examiner or board to render final decision No Yes, before Planning Board which makes recommendation to council Yes, before Planning Board which makes recommendation to council Closed record review: No No No Yes, before the council No Yes, before the council Yes, or council could hold its own hearing Judicial appeal: Yes Yes Yes Yes Yes Yes Yes [moved 20.01.004 Joint Public Hearings to 20.06.001 Open Record Public Hearings] [moved 20.01.005 Decisions to 20.01.001 Types of Actions] 20.01.006 Legislative enactments not restricted. Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, or the city’s development regulations as part of the annual revision process. 20.01.007 Exempt projects. A. The following projects are specifically excluded from the procedures set forth in this Chapter: landmark designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under Title 18. B. Pursuant RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other construction permits, or similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and the city’s Deleted: 20.01.004 Joint public hearings. Deleted: section Deleted: – Deleted: ¶ ¶ A.Administrator’s Decision to Hold Joint Hearing. The director may combine any public hearing on a development project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met.¶ ¶ B.Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings.¶ ¶ C.Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when:¶ ¶ 1.The other agency is not expressly prohibited by statute from doing so;¶ ¶ 2.Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules;¶ ¶ 3.The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing; or ¶ ¶ 4.The hearing is held within the Deleted: 20.01.005 Decisions. Deleted: section Deleted: ¶ ¶ A.Administrative Decisions. Type I and II decisions are administrative. Administrative decisions are made by the Director. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004.¶Deleted: Exemptions from development project permit application processing Deleted: Whenever a permit or approval in the Edmonds Community Development Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in development project permit processing, except as provided in ECDC 20.01.003(B) ... [11] ... [12] ... [13] Packet Page 155 of 602 Council Discussion Draft 8-16-10 6 SEPA/environmental policy ordinance, Chapter 20.15A ECDC), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the following procedures: 1. Notice of application (ECDC 20.02.004) unless an open record hearing is allowed on the permit decision; 2. Except as provided in RCW 36.70B.140, optional consolidated permit review processing (ECDC 20.01.002(B)); 3. Joint public hearings (ECDC 20.06.001); 4. Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open public record hearing (ECDC 20.06.002(C)); and 5. Notice of decision (ECDC 20.06.009). Deleted: development Deleted: development project Deleted: development project Deleted: 20.01.004 Packet Page 156 of 602 Council Discussion Draft 8-16-10 7 Chapter 20.02 DEVELOPMENT PROJECT PERMIT APPLICATIONS Sections: 20.02.001 Optional preapplication conference. 20.02.002 Permit application requirements. 20.02.003 Submission and acceptance of application. [moved 20.02.004 Notice of application to 20.03.002 Public Notice] 20.02.005 Referral and review of permit applications. 20.02.001 Optional preapplication conference. A. Prior to filing applications for Type II actions requiring a preliminary plat and Type III and IV actions, applicants are encouraged to participate in a preapplication conference. Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process. Plans presented at the preapplication meeting are nonbinding and do not “vest” an application. B. The conference shall be held within 28 days of the request, upon payment of applicable fee(s) as set forth in the city’s adopted fee resolution. C. The Development Services Director or his/her designee (hereinafter the “director”) shall provide the applicant with the following during the conference: 1 A form which lists the requirements for a completed application; 2. A general summary of the procedures to be used to process the application; 3. The references to the relevant code provisions or development standards which may apply to approval of the application; and 4. The city’s design guidelines. D. Neither the discussions at the conference nor the information on the form provided by the director to the applicant under ECDC 20.02.001(C) shall bind the city in any manner or prevent the city’s future application or enforcement of all applicable codes, ordinances and regulations. E. Requests for preapplication conferences for all other types of applications will be considered on a time-available basis by the director. 20.02.002 Permit application requirements. Deleted: TYPE I – IV Deleted: Development project permit Deleted: 20.02.004 Deleted: Notice of application. Deleted: development project Deleted: development project permit Deleted: I Deleted: or site plan review Deleted: the Deleted: may request Deleted: The purpose of the preapplication conference is to merely acquaint the applicant with the requirements of the Edmonds Community Development Code. Deleted: Applicant shall be responsible for verifying the accuracy of information provided by the city at the conference. Deleted: The director Deleted: Development project permit Packet Page 157 of 602 Council Discussion Draft 8-16-10 8 An application shall consist of all materials required by the applicable development regulations and shall include the following general information: A. A completed land use application form; B. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property; C. A property and/or legal description of the site for all applications, as required by the applicable development regulations; D. The applicable fee; and E. Cover letter describing how the proposal satisfies theapplicable standards, requirements and criteria in the development regulations. 20.02.003 Submission and acceptance of application. A. Determination of Completeness. Within 28 days after receiving an application, the director shall mail or personally deliver to the applicant a determination which states that either: 1. The application is complete; or 2. The application is incomplete and what is necessary to make the application complete. B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project shall be identified in the determination of completeness. C. Additional Information. An application is complete for the purposes of this section when it meets the submission requirements of ECDC 20.02.002 and the submission requirements of the applicable development regulations. The determination of completeness shall be made when the application is sufficiently complete for review, even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the director’s ability to request additional information or studies whenever new information is required, or when substantial changes are made to the proposed project. D. Incomplete Applications. 1. Whenever the applicant receives a determination from the city pursuant to ECDC 20.02.003(A)(2) that the application is incomplete, the applicant shall have 90 days to submit the necessary information. Within 14 days after an applicant has submitted Deleted: Applications for development project permits shall be submitted on forms provided by the director. Deleted: , Deleted: as applicable: Deleted: development project permit Deleted: Statement Deleted: addressing all Deleted: ¶ Deleted: development project permit Deleted: city Deleted: That t Deleted: That t Deleted: development project permit Deleted: director’s Deleted: development project permit Packet Page 158 of 602 Council Discussion Draft 8-16-10 9 the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection A of this section. 2. Whenever the applicant receives a notice that the contents of the application, which had been previously determined under ECDC 20.02.003(A)(1) to be complete, is insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the necessary information. If circumstances warrant, the applicant may apply in writing to the director requesting a one-time 90-day extension. The extension request must be received by the City prior to the end of the initial 90-day compliance period. 3. If the applicant does not submit the additional information requested within the 90-day period (or within the 90-day extension period, as applicable), the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed. 4. When the director determines that an application has lapsed because the applicant has failed to submit required information within the necessary time period, the applicant may request a refund of the application fee remaining after the city’s determination of completeness. E. Director’s Failure to Provide Determination of Completeness. An application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete as provided in subsection A of this section. F Date of Acceptance of Application. permit applications shall not be officially accepted until complete. When an application is determined to be complete, the director shall note the date of acceptance for continued processing. G. After acceptance, the city shall begin processing the applications. Under no circumstances shall the city place any applications on “hold” to be processed at some later date, even if the request for the “hold” is made by the applicant, and regardless of the requested length of the “holding” period. This subsection does not apply to applications placed on “hold” upon determination by the city that additional information is required in order to make a decision. [moved 20.02.004 Notice of Application to 20.03.002] 20.02.005 Referral and review of development project permit applications. Deleted: for the development project permit, Deleted: development project permit Deleted: Development project Deleted: found Deleted: the application requires Deleted: for Deleted: 20.02.004 Notice of application. Deleted: ¶ Deleted: ¶ A.Generally. A notice of application shall be provided to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with Chapter 20.03 ECDC. ¶ ¶ B.Issuance of Notice of Application.¶ ¶ 1.Within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003, a notice of application shall be issued.¶ ¶ 2.If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing.¶ ¶ C.Contents. The notice of application shall include: ¶ ¶ 1.The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; ¶ ¶ 2.A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW;¶ ¶ 3.A description of other required permits not included in the application, to the extent known by the city at that time;¶ ¶ 4.A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed;¶ ¶ 5.A statement setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the ... [14] Packet Page 159 of 602 Council Discussion Draft 8-16-10 10 Within 10 days of accepting an application, the director shall transmit a copy of the application, or appropriate parts of the application, to each affected government agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. Deleted: complete Deleted: The affected agencies and city departments shall have 15 days to comment on the application. The agency or city department is presumed to have no comments if comments are not received within the 15-day period. The director shall grant an extension of time only if the application involves unusual circumstances. Extensions shall be for a maximum of five working days. Packet Page 160 of 602 Council Discussion Draft 8-16-10 11 Chapter 20.03 PUBLIC NOTICE REQUIREMENTS Sections: 20.03.001 Responsibility for providing public notice. 20.03.002 Notice of application. [moved Optional public notice to end of chapter]20.03.003 Notice of public hearing. 20.03.004 State Environmental Policy Act (SEPA) notice. 20.03.005 Shoreline Management Plan (SMP) notice. 20.03.006 Optional public notice. 20.03.001 Responsibility for providing public notice. . A. The Development Services Director or his/her designee (hereinafter the “director”) is responsible for all public notice requirements. 20.03.002 Notice of application. [moved from 20.02.004] A. Generally. A notice of application shall be provided to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with Chapter 20.03 ECDC. The Notice of application for these permits shall also be provided to the public by posting, publishing and mailing. B. Issuance of Notice of Application. 1. A notice of application shall be issued within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003. 2. If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 14 days prior to the open record hearing. C. Contents. The notice of application shall include the following information in a format determined by the director: 1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; 2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW; Formatted: Don't keep with next Deleted: Public notice Deleted: 20.03.003 Optional public notice. Deleted: ¶ Deleted: 4 Deleted: A.Except where an action is initiated by the city, the applicant for a development project permit application shall be responsible for all posting, publishing, mailing and other notification required by the director. ¶ ¶ 1.No later than 14 days after the required date of posting, publishing and/or mailing, the applicant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Service Certificate of Mailing containing the names and addresses of all parties provided public notice. ¶ ¶ 2.If the affidavit and U.S. Postal Service Certificate of Mailing is not filed as required, any scheduled hearing or date by which the public may comment on an application shall be postponed, if necessary, in order to allow compliance with the notice requirements of this and other applicable chapters.¶ ¶ 3.If the applicant fails to file the affidavit and U.S. Postal Service Certificate of Mailing as herein required within 90 days of required date of posting, publishing and/or mailing, the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date Deleted: B Deleted: The appellant of a development project permit decision shall be responsible for all posting, publishing, mailing and other notification required by the director. Deleted: 1.No later than 14 days after the required date of posting, publishing and/or mailing, the appellant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this Deleted: Public n ... [16] ... [15] Packet Page 161 of 602 Council Discussion Draft 8-16-10 12 3. A description of other required permits not included in the application, to the extent known by the city at that time; 4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights; 6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued; 7. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application. D. Mailed Notice. Notice of application shall be mailed to: 1. the owners of the property involved if different from applicant; and 2. the owners of real property within 300 feet of the boundaries of the property(ies) involved in the application. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The adjacent property owners list must be current to within six (6) months of the date of initial application. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail. E. Published Notice. Notice of application shall be published in the city’s official newspaper (The Everett Herald, as identified in ECDC 1.03). The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.002.C. F. Posting. Posting of the property for site specific proposals shall consist of one or more notice boards as follows: 1. A single notice board shall be placed: Deleted: Notice of application for Type II, Type III and Type IV development project permits shall be provided by posting, publishing and mailing.¶ Deleted: A Deleted: by the applicant Packet Page 162 of 602 Council Discussion Draft 8-16-10 13 a. At the midpoint of the street fronting the site or as otherwise directed by the director for maximum visibility; b. Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street without approval of the director; c. So that the bottom of the notice board is between two and four feet above grade; and d. Where it is completely visible to pedestrians. e. The size of the notice board shall be determined by the director. 2. Additional notice boards may be required when: a. The site does not abut a public road; b. A large site abuts more than one public road; or c. The director determines that additional notice boards are necessary to provide adequate public notice. 3. Notice boards shall be: a. Maintained in good condition during the notice period; b. In place at least 14 days prior to the date of any hearing, and at least 14 days prior to the end of any required comment period; c. Removed within 30 days of the date of the project decision. If the project is appealled, the sign must be removed 30 after the appeal decision is issued. 4. Removal of the notice board prior to the end of the notice period shall be cause for discontinuance of the department review until the notice board is replaced and remains in place for the specified time period. G. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development services department by 4:00 PM on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be as specific as possible. Deleted: by the applicant Deleted: 30 Deleted: 15 Deleted: 15 Deleted: after the end of the notice period Deleted: 5.Notice boards shall be constructed and installed in accordance with specifications promulgated by the director. The format and content of the notice must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed.¶ Deleted: B.Published Notice. Notice of application shall be published in the city’s official newspaper (or if one has not been designated, in a newspaper of general circulation within the City). The format and content of the notice must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed.¶ Deleted: C.Mailed Notice. Notice of application shall be mailed to the following: (1) owner of the property involved if different from applicant; and (2) owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application. The format and content of the notice of application must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed.¶ Packet Page 163 of 602 Council Discussion Draft 8-16-10 14 . [separated out Shoreline permits and moved to 20.03.005] 20.03.003 Notice of public hearing. A. Applicants of Type III or Type V actions, and appellants of Type II actions shall provide notice of public hearing by mailing, posting and publishing. B. Content of Notice of Public Hearing for All Applications. The notice of a public hearing required by this chapter shall contain: 1. The name and address of the applicant and the applicant’s representative; 2 A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to a vicinity location or written description, a map or postal address, and a subdivision lot and block designation (complete legal description not required); 3. The date, time and place of the hearing; 4. The nature of the proposed use or development; 5. A statement that all interested persons may appear and provide testimony; 6. The sections of the code that are pertinent to the hearing procedure; 7. A statement explaining when information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted; 8. The name of a city representative to contact and the telephone number where additional information may be obtained; 9. A statement that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and that copies will be provided at the requestor’s cost; and 10. A statement explaining that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies will be provided at the requestor’s cost. C. Mailed Notice. Mailed notice of the public hearing shall be provided as follows: 1. The notice of the public hearing shall be mailed to: Deleted: D Deleted: Shoreline Master Program (SMP) Permits. Deleted: ¶ ¶ 1.Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods:¶ ¶ a.Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built; ¶ ¶ b.Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or¶ ¶ c.Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public.¶ ¶ 2.Content of SMP Notice. SMP notices shall include:¶ ¶ a.A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection;¶ ¶ b.A statement that any person may submit oral or written comments at the hearing;¶ ¶ c.An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance. ¶ ¶ 3.Public Comment Period. The public comment period shall be 30 days.¶ ¶ 4.The director shall mail or otherwise deliver a copy of the decision to each Deleted: 20.03.003 Optional public notice. The director, in his or her sole discretion, may:¶ ¶ A.Notify the public or private groups with known interest in a proposal or type of proposal; ¶ ¶ B.Notify the news media;¶ ¶ C.Place notices in appropriate regional or neighborhood newspapers or trade journals;¶ ¶Deleted: 004 ... [18] ... [17] Packet Page 164 of 602 Council Discussion Draft 8-16-10 15 a. The applicant; b. The owner of the subject property, if different from applicant; c. All owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application; and d. Any person who submits a public comments on an application; 2. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed notice of public hearing for preliminary plats and proposed subdivisions shall also include the following: a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of any city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities; b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the boundaries of Snohomish County shall be given to the appropriate county officials; c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway shall be given to the secretary of transportation; d. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.090(1)(b) shall be given to owners of real property located with 300 feet from any portion of the boundaries of the adjacent parcels owned by the owner of the real property to be subdivided. 3. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090. 4. Procedure for Mailed Notice of Public Hearing. a. The records of the Snohomish County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. As required under ECDC 20.03.001, the applicant shall provide a sworn certificate of mailing to all persons entitled to notice under this Chapter. b. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail. Deleted: c Deleted: or within two miles of the boundary of a state or municipal airport Deleted: General Packet Page 165 of 602 Council Discussion Draft 8-16-10 16 D. Procedure for Posted or Published Notice of Public Hearing. 1. Posted notice of the public hearing shall comply with requirements set forth in ECDC 20.03.002.F. 2. Notice of public hearing shall be published in the city’s official newspaper (The Everett Herald, as identified in ECDC 1.03). The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.003.B. E. Time of Notice of Public Hearing. 1. Notice shall be mailed, posted and first published not less than 14 or more than 30 days prior to the hearing date. 20.03.004 State Environmental Policy Act (SEPA) notice. 1. Whenever possible, the city shall integrate the public notice required under this subsection with existing notice procedures for the City’s nonexempt permits(s) or approvals(s) required for the proposal. 2. Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the City shall give public notice as follows: a. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. b. If an environmental document is issued concurrently with the notice of application, the public notice requiremnts for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1). c. If no public notice is otherwise required for the permit or approval, the City shall give notice of the DNS or DS by: • Posting the property, for site specific proposals; • Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and • Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general circlulation within the City). Deleted: (A) Deleted: or if one has not been designated, in a newspaper of general circulation within the City Deleted: The format and content of the notice must be pre-approved by the director. Deleted: and Cost Deleted: 10 Deleted: Posted notices shall be removed by the applicant within 15 days following the public hearing. Deleted: 2.All costs associated with the public notice shall be borne by the applicant of Type III and Type IV actions, or appellant of Type II actions. Packet Page 166 of 602 Council Discussion Draft 8-16-10 17 d. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. 3. If a DNS is issued using the optional DNS process, the public notice requirments for a notice of application in RCW 36.70B.110(4) as supplemented by the requirments in WAC 197-11-355 will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1)(b). 4. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: a. Indicating the availability of the DEIS in any public notice required for a nonexempt license; Posting the property, for site specific proposals; c. Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and c. Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general cirulation within the City). 5. Public notice for projects that qualify as planned actions shall be tied to underlying permit as specificed in WAC 197-11-172(3). 6. The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. 20.03.005 Shoreline Master Program (SMP) Notice. 1. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods: a. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built; b. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or c. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public. 2. Content of SMP Notice. SMP notices shall include: Packet Page 167 of 602 Council Discussion Draft 8-16-10 18 a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection; b. A statement that any person may submit oral or written comments at the hearing; c. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance. 3. Public Comment Period. The public comment period shall be 30 days. 4. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. 20.03.006 Optional public notice. The director, in his or her sole discretion, may: A. Notify the public or private groups with known interest in a proposal or type of proposal; B. Notify the news media; C. Place notices in appropriate regional or neighborhood newspapers or trade journals; D. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and E. Mail notice to additional neighboring property owners. Packet Page 168 of 602 Council Discussion Draft 8-16-10 19 Chapter 20.04 CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA Sections: 20.04.001 Determination of consistency. 20.04.002 Initial SEPA analysis. 20.04.003 Categorically exempt and planned actions. 20.04.001 Determination of consistency. A. Purpose. Consistency between a proposed development project permit application, applicable regulations and comprehensive plan shall be determined through the process described in this section. B. Consistency. During application review, the Development Services Director or his/her designee (hereinafter the “director”) shall determine whether the development regulations applicable to the proposed project, or in the absence of applicable development regulations, the city’s comprehensive plan, address the following: 1. The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied; 2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; 3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan; and 4. Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. C. Project Review. Project review by the director and appropriate city staff shall identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable significant adverse environmental impacts. During project review, neither the director nor any other city reviewing body may re-examine alternatives or hear appeals on decided matters which have already been found to be consistent with development regulations and/or the comprehensive plan, except for issues of code interpretation. 20.04.002 Initial SEPA analysis. Deleted: development project permit Deleted: the director Packet Page 169 of 602 Council Discussion Draft 8-16-10 20 A. In addition to the land use consistency review, the director shall review the permit application for consistency with the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city environmental policy ordinance, Chapter 20.15A ECDC, and shall: 1. Determine whether applicable regulations require studies to adequately analyze all of the proposed project’s specific probable adverse environmental impacts; 2. Determine whether applicable regulations require mitigation measures to adequately address identified environmental impacts; and 3. Provide prompt and coordinated review by other government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. B. In the review of a permit application, the director shall determine whether the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the proposal. C. If the director bases or conditions his or her approval of the application on compliance with the requirements or mitigation measures described in subsection A of this section, the city shall not impose additional mitigation under SEPA during project review for the same adverse environmental impacts. D. A comprehensive plan, development regulation or other applicable local, state or federal law provides adequate analysis of, and mitigation for, the specific adverse environmental impacts of a proposal when: 1. The impacts have been avoided or otherwise mitigated; or 2. The city has designated in the plan, regulation or law that certain levels of service, land use designations, development standards or other land use conditions allowed by Chapter 36.70A RCW are acceptable. E. In deciding whether a specific adverse environmental impact has been addressed by an existing city plan or development regulation, or by the regulations or laws of another government agency, the director shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the director shall base or condition any project approval on compliance with these other regulations. F. Nothing in this section limits the authority of the director in reviewing or mitigating the impacts of a proposed project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW. Deleted: development project Deleted: its Deleted: development project Deleted: development project permit Packet Page 170 of 602 Council Discussion Draft 8-16-10 21 G. The director shall also review the application under Chapter 20.15A ECDC, the city environmental policy ordinance; provided, that such review shall be coordinated with the underlying permit application review. 20.04.003 Categorically exempt and planned actions. A. Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA. B. Planned Actions. 1. A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA. 2. A “planned action” means one or more types of project action that: a. Are designated planned actions by an ordinance or resolution adopted by the city; b. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with: i. A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or ii. A fully contained community, a master planned resort, a master planned development or a phased project; c. Are subsequent or implementing projects for the proposals listed in paragraph (2)(b) of this subsection; d. Are located within an urban growth area, as defined in RCW 36.70A.030; e. Are not essential public facilities, as defined in RCW 36.70A.200; and f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW. C. Limitations on Planned Actions. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than Packet Page 171 of 602 Council Discussion Draft 8-16-10 22 the jurisdictional boundaries of the city, and may limit a planned action to a time period identified in the environmental impact statement or this title. [exact restatement of 20.04.001.C] Deleted: D.During project review, the city shall not re-examine alternatives to or hear appeals on the items identified in ECDC 20.04.001(B), except for issues of code interpretation. ¶ ¶ E.Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. Packet Page 172 of 602 Council Discussion Draft 8-16-10 23 Chapter 20.06 OPEN RECORD PUBLIC HEARINGS Sections: 20.06.000 General. 20.06.001 Joint Public Hearings 20.06.002 Responsibility of director for hearing. 20.06.003 Conflict of interest. 20.06.004 Ex parte communications. 20.06.005 Disqualification. 20.06.006 Burden and nature of proof. 20.06.007 Order of proceedings. 20.06.008 Decision. 20.06.009 Notice of final decision. 20.06.010 Reconsideration of decision. 20.06.000 General. A. An open record public hearingis a hearing conducted by an authorized body or officer that creates the city’s record through testimony and submission of evidence and information. A public hearing may be held prior to the city’s decision on a development project permit application; this is an "open record predecision hearing." A public hearing may be held on an appealif no open record predecision hearing was held for the permit; this is an "open record appeal hearing." B. Open record predecision hearings on all Type III and IV permit applications and open record appeal hearings on all Type II decision appeals shall be conducted in accordance with this chapter. Public hearings conducted by the city hearing examiner shall also be subject to the hearing examiner’s rules. C. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. 20.06.001 Joint public hearings. [moved from 20.01.004] A. Decision to Hold Joint Hearing. The Development Services Director or his/her designee (hereinafter the “director”) may combine any public hearing on a project application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met. B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. Deleted: 001 Deleted: - Miscellaneous Deleted: 001 Deleted: O Deleted: , or simply public hearing, means Deleted: single hearing Deleted: authorized to conduct such hearings Deleted: , under procedures prescribed in this Chapter. Deleted: to be known as Deleted: record Deleted: , to be known as an "open record appeal hearing," Deleted: has been Deleted: on Deleted: development project Deleted: . Deleted: development project Packet Page 173 of 602 Council Discussion Draft 8-16-10 24 C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when: 1. The other agency is not expressly prohibited by statute from doing so; 2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules; 3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing; or 4. The hearing is held within the geographic boundary of the city. 20.06.002 Responsibility of director for hearing. The director shall: A. Schedule project applications for review and public hearing; B. Verify compliance with notice requirements; C. Prepare the staff report on the application, which shall be a single report which sets forth all of the decisions made on the proposal as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall also describe any mitigation required or proposed under the city’s development regulations or SEPA authority. If the threshold determination, other than a determination of significance, has not been issued previously by the city, the report shall include or append this determination. D. Prepare the notice of decision, if required by the hearing body, and mail a copy of the notice of decision to those entitled by this chapter to receive the decision. 20.06.003 Conflict of interest. The hearing body shall be subject to the code of ethics, prohibitions on conflict of interest and appearance of fairness doctrine as set forth in Chapter 42.23 RCW, and Chapter 42.36 RCW as the same now exists or may hereafter be amended. 20.06.004 Ex parte communications. A. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before him or her, other than to participate in communications regarding procedural aspects necessary for maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate. Deleted: development Packet Page 174 of 602 Council Discussion Draft 8-16-10 25 Nothing herein shall prevent the hearing body from seeking legal advice from its legal counsel on any issue. B. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in ECDC 20.06.004(C). C. If a member of the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record: 1. All written communications received; 2. All written responses to the communications; 3. The substance of all oral communications received, and all responses made; and 4. The identity of each person from whom the member received any ex parte communication. The hearing body shall advise all parties that these matters have been placed on the record. Upon request made after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record. 20.06.005 Disqualification. A. Any member who is disqualified shall make full disclosure to the audience of the reason(s) for the disqualification, abstain from voting on the proposal, and physically leave the hearing. B. If enough members of the hearing body are disqualified so that a quorum cannot be achieved, then all members present, after stating their reasons for disqualification, shall be requalified and deliberations shall proceed. 20.06.006 Burden and nature of proof. A. Except for Type V actions, appeal of Type II actions and closed record appeals, the burden of proof is on the proponent. The development project permit application must be supported by convincing proof that it conforms to the applicable elements of the city’s development regulations and comprehensive plan (review criteria). The proponent must also prove that any significant adverse environmental impacts have been adequately mitigated. B. In an appeal of Type II actions or closed record appeal, the appellant has the burden of proof with respect to points raised on appeal. Packet Page 175 of 602 Council Discussion Draft 8-16-10 26 C. In a closed record appeal of the Architectural Design Board, its decision shall be given substantial deference regarding decision review within its expertise and contained in its decisions. 20.06.007 Order of proceedings. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate. A. Before receiving testimony and other evidence on the issue, the following shall be determined: 1. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body may proceed or terminate the proceeding; 2. Any member disqualifications shall be determined. B. The presiding officer may take official notice of commonly known and accepted information, such as: 1. Ordinances, resolutions, rules, officially adopted development standards, and state law; 2. Public records and facts judicially noticeable by law. C. Information officially noticed need not be proved by submission of formal evidence to be considered by the hearing body. Parties requesting official notice of any information shall do so on the record. The hearing body, however, may take notice of matters listed in subsection B of this section at any time. Any information given official notice may be rebutted. D. The hearing body may view the proposed project site or planning area with or without notification to the parties, but shall put into the record a statement setting forth the time, manner and circumstances of the site visit. E. Information shall be received from the staff and from proponents and opponents. The presiding officer may, in his or her discretion, permit persons attending the hearing to ask questions. Unless the presiding officer specifies otherwise, approved questions will be asked of persons submitting testimony by the presiding officer. F. When the presiding officer has closed the public hearing portion of the hearing, the hearing body may openly discuss the issue and may further question the staff or any person submitting information. An opportunity to present rebuttal shall be provided if new information is presented in the questioning. When all evidence has been Packet Page 176 of 602 Council Discussion Draft 8-16-10 27 presented and all questioning and rebuttal completed, the presiding officer shall officially close the record and end the hearing. 20.06.008 Decision. A. Following the hearing procedure described in ECDC 20.06.007, the hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse or, with the written consent of the applicant, which shall include a waiver of the statutory prohibition against two open record hearings, remand the decision for additional information. B. The hearing body’s written decision shall be issued within 10 working days after the close of record of the hearing and within 90 days of the opening of the hearing, unless a longer period is agreed to by the parties. C. The city shall provide a notice of decision as provided in ECDC 20.06.009. D. If the city is unable to issue its final decision on an application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. 20.06.009 Notice of final decision. A. The director shall issue a notice of final decision within 120 days of the issuance of the determination of completeness pursuant to ECDC 20.02.003; provided, that the time period for issuance of a notice of final decision on a preliminary plat shall be 90 days, for a final plat 30 days, and a final short plat 30 days. The notice shall include the SEPA threshold determination for the proposal and a description of any available administrative appeals. For Type II, III and IV permits, the notice shall contain the requirements set forth in ECDC 20.06.002(C) and explain that affected property owners may request a change in property tax valuation notwithstanding any program of revaluation. 1. The notice of final decision shall be mailed or otherwise delivered to the applicant, to any person who submitted comments on the application or requested a copy of the decision, and to the Snohomish County assessor. 2. Notice of the decision shall be provided to the public by any means deemed reasonable by the director. B. In calculating the 120-day period for issuance of the notice of final decision, or other decision period specified in 20.06.009(A) ECDC, the following periods shall be excluded: Deleted: development project permit Deleted: - Miscellaneous Deleted: development project Packet Page 177 of 602 Council Discussion Draft 8-16-10 28 1. Any period during which the applicant has been requested by the director to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the director notifies the applicant of the need for additional information until the earlier of the dates the director determines that the additional information provided satisfies the request for information, or 14 days after the date the additional information is provided to the city; 2. If the director determines that the information submitted is insufficient, the applicant shall be informed of the deficiencies and the procedures set forth in subsection (B)(1) of this section for calculating the exclusion period shall apply; 3. Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and Chapter 20.15A ECDC. The time period for preparation of an EIS shall be governed by Chapter 20.15A ECDC; 4. Any period for consideration and issuance of a decision for administrative appeals of development project permits, which shall be not more than 90 days for open record appeals and 60 days for closed record appeals, unless a longer period is agreed to by the director and the applicant; 5. Any extension of time mutually agreed to by the director and the applicant in writing. C. The time limits established in this title do not apply if a permit application: 1. Requires an amendment to the comprehensive plan or a development regulation; 2. Requires siting approval of an essential public facility as provided in RCW 36.70A.200; or 3. Is substantially revised by the applicant, in which case the time period shall start from the date that a determination of completeness for the revised application is issued by the director pursuant to ECDC 20.02.003 and RCW 36.70B.070. 20.06.010 Reconsideration of decision. A. General. Any person identified in ECDC 20.07.003 as having standing to file an administrative appeal may request reconsideration of a decision of the hearing examiner which issues immediately after the open record public hearing on a permit application described in this chapter. (There shall be no reconsideration of a decision of the director (staff), ADB or city council.) Reconsideration is not a condition precedent to any appeal. Reconsideration shall be limited to: 1. error(s) of procedure; 2. error(s) of law or fact; 3. error(s) of judgment; and/or Deleted: particular insufficiencies Deleted: development project Deleted: development project Packet Page 178 of 602 Council Discussion Draft 8-16-10 29 4. the discovery of new evidence that was not known and could not in the exercise of reasonable diligence, been discovered. B. Time to File. A request for reconsideration, including reconsideration fee, must be filed with the director within 10 calendar days of the hearing examiner’s written decision. Such requests shall be delivered to the director before 4:30 p.m. on the last business day of the reconsideration period. Requests for reconsideration that are received by mail after 4:30 p.m. on the last day of this reconsideration period will not be accepted, no matter when such requests were sent, mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing a request for reconsideration, the day the hearing examiner’s decision is issued shall not be counted. If the last day of the reconsideration is a Saturday, Sunday, or holiday designated by RCW 1.16.050, or by a city ordinance, then the reconsideration may be filed on the next business day. D. Content of Request for Reconsideration. Requests for reconsideration shall be in writing, be accompanied by the required reconsideration fee, and contain the following information: 1. The name, address and phone number of the requestor; 2. Identification of the application and final decision which is the subject of the request for reconsideration; 3. Requestor’s statement of grounds for reconsideration and the facts upon which the request is based; 4. The specific relief requested; 5. A statement that the requestor believes the contents of the request to be true, followed by his/her signature. 6. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided. E. Effect. The timely filing of a request for reconsideration shall stay the hearing examiner’s decision until such time as the hearing examiner issues a decision on reconsideration. F. Notice of Request for Reconsideration. The director shall provide mailed notice that a request for reconsideration has been filed to all parties of record as defined in ECDC 20.07.003. Deleted: city planning Deleted: (which shall be the same as the administrative appeal fee) Deleted: requestor Packet Page 179 of 602 Council Discussion Draft 8-16-10 30 G. Hearing Examiner’s Action on Request. The hearing examiner shall consider the request for reconsideration without a hearing, but may solicit written arguments from parties of record. A decision on the request for reconsideration shall be issued within 10 business days after receipt of the request for reconsideration by the city. 1. The time period for appeal shall recommence and be the same for all parties of record, regardless of whether a party filed a motion for reconsideration. 2. Only one request for reconsideration may be made by a party of record. Any ground not stated in the initial motion is waived. 3. A decision on reconsideration or a matter that is remanded to the hearing examiner by the City Council is not subject to a motion for reconsideration. H. Limitations on Hearing Examiner’s Reconsideration. The hearing examiner shall consider the request for reconsideration based on the administrative record compiled on the application up to and including the date of the hearing examiner’s decision. The hearing examiner may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record and the hearing examiner’s decision. The reconsideration decision issued by the hearing examiner may modify, affirm or reverse the hearing examiner’s decision. I. Notice of Final Decision on Reconsideration. The director shall issue a notice of final decision on reconsideration in the manner set forth and to the persons identified in ECDC 20.06.009. J. Further Appeals. If no administrative appeal is allowed of the hearing examiner’s decision, and a request for reconsideration was timely filed, then any judicial appeal must be filed within 21 days after issuance of the decision on reconsideration, as provided in Chapter 36.70C RCW. Packet Page 180 of 602 Council Discussion Draft 8-16-10 31 Chapter 20.07 CLOSED RECORD APPEALS Sections: 20.07.001 Appeals of decisions. 20.07.002 Consolidated appeals. 20.07.003 Standing to initiate an administrative appeal. 20.07.004 Appeals of recommendations and decisions. 20.07.005 Procedure for closed record decision/appeal. 20.07.006 Judicial appeals. 20.07.007 Resubmission of application. 20.07.001 Appeals of decisions. A. "Closed record appeal" means an administrative appeal on the record to the city council, following an open record public hearing on a development project permit application when the appeal is on the record with no new evidence or information allowed to be submitted, except as provided in ECDC 20.07.005(B), and only appeal argument allowed. B. The right of appeal for all permit applications and Type V land use decisions shall be as described in the matrix set forth in ECDC 20.01.003. 20.07.002 Consolidated appeals. All appeals of development project permit application decisions, other than appeals of determinations of significance (“DS”), and exempt permits and approvals under ECDC 20.01.007, shall be considered together in a consolidated appeal using the appeal procedure for the highest type permit application. 20.07.003 Standing to initiate an administrative appeal. A. Limited to Parties of Record. Only parties of record may file an administrative appeal. B. Definition. The term “parties of record,” for the purposes of this chapter, shall mean: 1. The applicant; 2. Any person who testified at the open record public hearing on the application; 3. Any person who individually submits written comments concerning the application at the open record public hearing (or to staff if an appeal of a Type II decision). Persons who have only signed petitions are not parties of record; and/or Deleted: development project Packet Page 181 of 602 Council Discussion Draft 8-16-10 32 4. The city of Edmonds. 20.07.004 Appeals of recommendations and decisions. Permit Decisions or Recommendations. Appeals of a hearing body’s recommendation or decision on a permit application shall be governed by the following: A. Standing. Only parties of record have standing to appeal the hearing body’s decision. B. Time to File. An appeal must be filed within 14 days after the issuance of the hearing body’s written decision. The appeal period shall be extended for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision. Appeals, including fees, must be received by the city’s development services department by mail or by personal delivery at or before 4:30 PM on the last business day of the appeal period. Appeals received by mail after 4:30 PM on the last day of the appeal period will not be accepted, no matter when such appeals were mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is issued shall not be counted. If the last day of the appeal is a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action, then the appeal may be filed on the next day that is not a Saturday, Sunday, holiday or closed day. D. Content of Appeal. Appeals shall be in writing, be accompanied by the required appeal fee as set forth in the city’s adopted fee resolution, and contain the following information: 1. Appellant’s name, address and phone number; 2. A statement describing appellant’s standing to appeal; 3. Identification of the application which is the subject of the appeal; 4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based with specific references to the facts in the record; 5. The specific relief sought; 6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. Deleted: development project Packet Page 182 of 602 Council Discussion Draft 8-16-10 33 7. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided. E. Effect. The timely filing of an appeal shall stay the hearing body’s decision until such time as the appeal is concluded or withdrawn. F. Notice of Appeal. The Development Services Director (hereinafter the “director”) shall provide mailed notice of the appeal to all parties of record as defined in ECDC 20.07.003. 20.07.005 Procedure for closed record decision/appeal. A. Closed record appeals shall be based on the record established at the open record hearing before the hearing body/officer whose decision is appealed, which shall include the written decision of the hearing body/officer, copies of any exhibits admitted into the record, and official transcript, minutes or tape recording of the proceedings. 1. At his/her own expense, a party to the appeal may have the official tape recording of the open record hearing transcribed; however, to be admitted into the record, the transcription must be performed and certified by a transcriber that is pre-approved by the City. In addition, the certified transcription must be received by the City directly from the transcriber at least 16 working days before the date scheduled for the closed record review. It shall be each party of record’s responsibility to obtain a copy of the transcription from the City. 2. The director shall maintain a list of pre-approved transcribers that are court approved; and if needed, shall coordinate with parties to the appeal so that no more than one official transcription is admitted into the record. B. No new testimony or other evidence will be accepted by the city council except: (1) new information required to rebut the substance of any written or oral ex parte communication provided during an appearance of fairness disclosure; and (2) relevant information that, in the opinion of the city council, was improperly excluded by the hearing body/officer. 1. Appellants who believe that information was improperly excluded must specifically request in writing within 5 working days of the appeal deadline that the information be made part of the record. The request shall be addressed to the city council president, describing the information excluded, its relevance to the issues appealed, the reason(s) that the information was excluded by the hearing body/officer, and the reason why the hearing body/officer erred in excluding the information. 2. In determining whether the information should be admitted, the city council president may request other parties of record to submit written arguments rebutting the above. Non response by the city council president within 5 working days of Deleted: The appellant Packet Page 183 of 602 Council Discussion Draft 8-16-10 34 the initial request that the information be made part of the record shall constitute a rejection of the same. C. Parties to the appeal may present written arguments to the city council. Arguments shall describe the particular errors committed by the decision maker, with specific references to the administrative record. The appellant shall bear the burden to demonstrate that the decision is clearly erroneous given the record. D. While not required, appellant may submit his or her written arguments 12 working days before the date scheduled for the closed record review. Parties of record, except for the appellant, may respond in writing to appellant’s arguments no later than 7 working days before the closed record review. Appellant may rebut in writing to responses submitted by parties of record no later than 4 working days before the closed record review. If the applicant is not the appellant, applicant may submit a final surrebuttal in writing to appellant’s rebuttal no later than 2 working days before the closed record review. E. Written arguments, responses, rebuttal and surrebuttals must be received by the city’s development services department by mail or personal delivery at or before 4:30 PM of the date due. Late submittals shall not be accepted. Submittals received by mail after 4:30 PM on the last day of the appeal period will not be accepted, no matter when such submittals were mailed or postmarked. It shall be the responsibility of the parties involved to obtain for their own use from the city copies of written arguments, responses, rebuttals and surrebuttals submitted. F. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided, double spaced and without exceeding twelve pages in length, including exhibits, if any. Exhibits that are not already in the record shall not be allowed. G. The review shall commence with the resolution of appearance of fairness issues, if any, followed by a presentation by the director of the general background of the proposed development and the issues in dispute. After the director’s presentation, the city council may ask clarifying questions on disputed issues to parties of record, with an opportunity for the director , appellant and/or applicant, respectively, to rebut to the response. The city council shall not request information outside the administrative record. H. The city council shall determine whether the decision by the hearing body/officer is clearly erroneous given the evidence in the record. The city council shall affirm, modify or reverse the decision of the hearing body/officer accordingly. Upon written agreement by the applicant to waive the requirement for a decision within the time periods set forth in RCW 36.70B.080, as allowed by RCW 36.70B.080(3), the city council may remand the decision with instructions to the hearing body for additional information. Deleted: below Deleted: below Deleted: A Deleted: , or the director’s designee, Deleted: (or designee) Deleted: below Packet Page 184 of 602 Council Discussion Draft 8-16-10 35 I. Notice of Final Decision on Closed Record Appeal. The director shall issue a notice of final decision on closed record appeal in the manner set forth and to the persons identified in ECDC 20.06.009. 20.07.006 Judicial appeals. The city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Snohomish County superior court. Such petition must be filed within 21 days after issuance of the decision, as provided in Chapter 36.70C RCW. 20.07.007 Resubmission of application. Any permit application or other request for approval submitted pursuant to this chapter that is denied shall not be resubmitted or accepted by the director for review for a period of 12 months from the date of the last action by the city on the application or request unless, in the opinion of the director, there has been a significant change in the application or a significant change in conditions related to the impacts of the proposed project. Deleted: reconsideration Packet Page 185 of 602 Council Discussion Draft 8-16-10 36 Chapter 20.08 DEVELOPMENT AGREEMENTS Sections: 20.08.010 Authority. 20.08.020 General provisions of development agreements. 20.08.030 Enforceability. 20.08.040 Approval procedure for development agreements. 20.08.050 Form of agreement, council approval, recordation. 20.08.060 Judicial appeal. 20.08.010 Authority. A. The city may enter into a development agreement with a person having ownership or control of real property within the city limits. The city may also enter a development agreement for real property outside of the city limit but within the urban growth area (UGA) as part of a proposed annexation or a service agreement. 20.08.020 General provisions of development agreements. A. A development agreement shall be consistent with the applicable policies and goals of the city of Edmonds comprehensive plan and applicable development regulations. As applicable, the development agreement shall specify the following: 1. Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities or building sizes; 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications; 3. Mitigation measures, development conditions and other requirements of Chapter 43.21C RCW; 4, Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features; 5. Provisions for affordable housing, if applicable; 6. Parks and common open space preservation; 7. Phasing; Deleted: and general provisions Deleted: and general provisions Deleted: consider, and Deleted: , Deleted: consider Deleted: B.A development agreement shall be consistent with the applicable policies and goals of the city of Edmonds comprehensive plan and applicable development regulations. Packet Page 186 of 602 Council Discussion Draft 8-16-10 37 8. A build-out or vesting period for applicable standards; and 9. Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard. B. As provided in RCW 36.70B.170, the development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 20.08.030 Enforceability. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement. The agreement may not be subject to an amendment to a zoning ordinance or development standard or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. The permit approval issued by the city after the execution of the agreement must be consistent with the development agreement. 20.08.040 Approval procedure for development agreements. A development agreement is a Type V development project permit application and shall be processed in accordance with the procedures established in this title. A development agreement shall be approved by the Edmonds city council after a public hearing. 20.08.050 Form of agreement, council approval, recordation. A. Form. All development agreements shall be in a form provided by the city attorney’s office. The city attorney shall approve all development agreements for form prior to consideration by the Planning Board. B. Term. Development agreements may be approved for a maximum period of five years. C. Recordation. A development agreement shall be recorded against the real property records of the Snohomish County assessor’s office. During the term of the development agreement, the agreement is binding on the parties and their successors, including any area that is annexed to the city. 20.08.060 Judicial appeal. If the development agreement relates to a project permit application, the provision of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. Packet Page 187 of 602 Page 3: [1] Deleted Setup 10/29/2009 10:36 AM B. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. Page 3: [2] Deleted Setup 3/9/2010 10:11 AM Development Services Director or his/her designee (hereinafter the “director”) Page 3: [3] Deleted Setup 10/28/2009 5:15 PM Development project permit application framework Page 3: [4] Deleted Setup 11/2/2009 2:16 PM Statement of zoning restriction Page 3: [5] Deleted Setup 10/27/2009 12:49 PM Modification to landscape plans Page 3: [6] Comment Setup 6/1/2010 3:43 PM Edmonds doesn’t have site plan review Page 3: [7] Comment Setup 6/1/2010 3:44 PM Home occ is with business license or III-B Page 3: [8] Comment Setup 6/1/2010 3:44 PM Edmonds doesn’t have site plan Page 3: [9] Deleted Setup 10/27/2009 10:38 AM Permitted uses not requiring site plan review Page 3: [10] Deleted Setup 3/12/2010 8:40 AM Site plan/major amendments to site plans Page 5: [11] Deleted Setup 10/29/2009 10:32 AM A. Administrator’s Decision to Hold Joint Hearing. The director may combine any public hearing on a development project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met. B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held Packet Page 188 of 602 within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when: 1. The other agency is not expressly prohibited by statute from doing so; 2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules; 3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing; or 4. The hearing is held within the geographic boundary of the city. Page 5: [12] Deleted Setup 10/29/2009 10:51 AM A. Administrative Decisions. Type I and II decisions are administrative. Administrative decisions are made by the Director. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. B. Quasi-judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial. Quasi-judicial decisions are made by the Hearing Examiner and/or the city council. C. Legislative Decision. Type V decisions are legislative. Legislative decisions are made by the city council. 1. Planning Board. The Planning Board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the Planning Board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the Planning Board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in ECDC 20.03.004. Packet Page 189 of 602 4. Implementation. City council decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. Page 5: [13] Deleted Setup 10/29/2009 11:49 AM Whenever a permit or approval in the Edmonds Community Development Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in development project permit processing, except as provided in ECDC 20.01.003(B) Page 9: [14] Deleted Setup 10/29/2009 12:12 PM A. Generally. A notice of application shall be provided to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with Chapter 20.03 ECDC. B. Issuance of Notice of Application. 1. Within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003, a notice of application shall be issued. 2. If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing. C. Contents. The notice of application shall include: 1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; 2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW; 3. A description of other required permits not included in the application, to the extent known by the city at that time; 4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights; 6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued; Packet Page 190 of 602 7. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application. D. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development services department by 4:00 PM on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be as specific as possible. E. SEPA Exempt Projects. A notice of application shall not be required for development project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required. Page 11: [15] Deleted Setup 10/29/2009 1:48 PM A. Except where an action is initiated by the city, the applicant for a development project permit application shall be responsible for all posting, publishing, mailing and other notification required by the director. 1. No later than 14 days after the required date of posting, publishing and/or mailing, the applicant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Service Certificate of Mailing containing the names and addresses of all parties provided public notice. 2. If the affidavit and U.S. Postal Service Certificate of Mailing is not filed as required, any scheduled hearing or date by which the public may comment on an application shall be postponed, if necessary, in order to allow compliance with the notice requirements of this and other applicable chapters. 3. If the applicant fails to file the affidavit and U.S. Postal Service Certificate of Mailing as herein required within 90 days of required date of posting, publishing and/or mailing, the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed Page 11: [16] Deleted Setup 3/12/2010 8:59 AM 1. No later than 14 days after the required date of posting, publishing and/or mailing, the appellant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Packet Page 191 of 602 Service Certificate of Mailing containing the names and addresses of all parties provided public notice. 2. When the responsibility of providing notice is on the appellant, failure to timely or properly file affidavit of notice and certificate of mailing may be grounds for the director to summarily dismiss the appeal. Page 14: [17] Deleted Setup 3/12/2010 10:20 AM 1. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods: a. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built; b. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or c. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public. 2. Content of SMP Notice. SMP notices shall include: a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection; b. A statement that any person may submit oral or written comments at the hearing; c. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance. 3. Public Comment Period. The public comment period shall be 30 days. 4. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. Page 14: [18] Deleted Setup 3/12/2010 10:39 AM 20.03.003 Optional public notice. The director, in his or her sole discretion, may: A. Notify the public or private groups with known interest in a proposal or type of proposal; Packet Page 192 of 602 B. Notify the news media; C. Place notices in appropriate regional or neighborhood newspapers or trade journals; D. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and E. Mail notice to additional neighboring property owners. Packet Page 193 of 602 Council Discussion Draft 8-16-10 1 EXHIBIT A Chapter 20.01 TYPES OF DEVELOPMENT PROJECT PERMITS Sections: 20.01.000 Purpose and general provisions 20.01.001 Types of Actions 20.01.002 Determination of proper procedure type. 20.01.003 Permit type and decision framework. [moved 20.01.004 Joint Public Hearings to 20.06 Open Record Public Hearings ] [incorporated 20.01.005 Decision with 20.01.001] 20.01.006 Legislative enactments not restricted. 20.01.007 Exempt projects. 20.01.000 Purpose and general provisions A. The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development project permit application decisions made by the City of Edmonds. These procedures are intended to: • Promote timely and informed public participation; • Eliminate redundancy in the application, permit review, and appeals processes; • Process permits equitably and expediently; • Balance the needs of permit applicants with neighbors; • Ensure that decisions are made consistently and predictably; and • Result in development that furthers City goals as set forth in the Comprehensive Plan. These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. B. The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code. When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements. Where conflicts occur between provisions of this Code and/or between the Code and other City regulations, the more restrictive provisions shall apply. Where conflict between the text of this Code and the zoning map ensue, the text of this Code shall prevail. C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. Exhibit 1 Packet Page 194 of 602 Council Discussion Draft 8-16-10 2 20.01.001 Types of Actions There are five main types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. A. Administrative Decisions. Type I and II decisions are administrative decisions made by the Development Services Director or his/her designee (hereinafter the “director”). Type I permits are ministerial decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits are administrative decisions where the Director makes a decision based on standards and clearly identified criteria, but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. B. Quasi-judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial decisions that involve the use of discretionary judgement in the review of each specific application. Quasi-judicial decisions are made by the Hearing Examiner, the Architectural Design Board, and/or the city council. C. Legislative Decision. Type V actions are legislative decisions made by the city council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. 1. Planning Board. The Planning Board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the Planning Board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the Planning Board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in ECDC 20.03.004. 4. Implementation. City council decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. Packet Page 195 of 602 Council Discussion Draft 8-16-10 3 20.01.002 Determination of proper procedure type. A. Determination by Director. The director shall determine the proper procedure for all project applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure. B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in ECDC 20.01.003. The applicant may determine whether the application will be processed collectively or individually. If the applications are processed individually, the highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from the highest numbered to the lowest. C. Decisionmaker(s). Applications processed in accordance with subsection B of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner or Planning Board, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to ECDC 20.01.004. Concurrent public hearings held with the design review board and any other decisionmaker shall proceed with both decisionmakers present. 20.01.003 Permit Type and Decision Framework. A. Permit Types. TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A TYPE IV-B TYPE V Zoning Compliance Letter Outdoor Dining Essential Public Facilities Final formal plats Site specific rezone Development agreements Lot Line Adjustment Formal interpretation of the text of the ECDC by the Director Technological impracticality waiver for amateur radio antennas Design review (where public hearing by Architectural Design Board is required) Final Planned Residential Development Zoning text amendments; area-wide zoning map amendments Shoreline substantial development, Comprehensive plan amendments Packet Page 196 of 602 Council Discussion Draft 8-16-10 4 shoreline conditional use, shoreline variance Accessory Dwelling Unit Conditional use permits (where public hearing by Hearing Examiner is required) Annexations Minor Amendments to Planned Residential Development SEPA determinations Variances Development regulations Minor Preliminary Plat Amendment Revisions to shoreline management permits Staff design review, including signs Administrative variances Preliminary formal plat Preliminary short plat Preliminary Planned Residential Development Sales Office/Model (17.70.005) Land clearing/Grading Home Occupation Permit (where public hearing by Hearing Examiner is required.) Shoreline Exemptions Land Use Permit Extension Requests Final Short Plat Guest House Critical Area Determinations [moved to 20.01.007 Exemption from development project permit application processing] B. Decision Table. Packet Page 197 of 602 Council Discussion Draft 8-16-10 5 PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A TYPE IV-B TYPE V Recommendation by: N/A N/A N/A N/A N/A Planning Board Planning Board Final decision by: Director Director Hearing examiner Hearing examiner / ADB City council City council City council Notice of application: No Yes Yes Yes Yes Yes No Open record public hearing or open record appeal of a final decision: No Only if appealed, open record hearing before hearing examiner Yes, before hearing examiner to render final decision Yes, before hearing examiner or board to render final decision No Yes, before Planning Board which makes recommendation to council Yes, before Planning Board which makes recommendation to council Closed record review: No No No Yes, before the council No Yes, before the council Yes, or council could hold its own hearing Judicial appeal: Yes Yes Yes Yes Yes Yes Yes [moved 20.01.004 Joint Public Hearings to 20.06.001 Open Record Public Hearings] [moved 20.01.005 Decisions to 20.01.001 Types of Actions] 20.01.006 Legislative enactments not restricted. Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, or the city’s development regulations as part of the annual revision process. 20.01.007 Exempt projects. A. The following projects are specifically excluded from the procedures set forth in this Chapter: landmark designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under Title 18. B. Pursuant RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other construction permits, or similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and the city’s Packet Page 198 of 602 Council Discussion Draft 8-16-10 6 SEPA/environmental policy ordinance, Chapter 20.15A ECDC), or permits/approvals for which environmental review has been completed in connection with other project permits, are excluded from the requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the following procedures: 1. Notice of application (ECDC 20.02.004) unless an open record hearing is allowed on the permit decision; 2. Except as provided in RCW 36.70B.140, optional consolidated permit review processing (ECDC 20.01.002(B)); 3. Joint public hearings (ECDC 20.06.001); 4. Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open public record hearing (ECDC 20.06.002(C)); and 5. Notice of decision (ECDC 20.06.009). Packet Page 199 of 602 Council Discussion Draft 8-16-10 7 Chapter 20.02 DEVELOPMENT PROJECT PERMIT APPLICATIONS Sections: 20.02.001 Optional preapplication conference. 20.02.002 Permit application requirements. 20.02.003 Submission and acceptance of application. [moved 20.02.004 Notice of application to 20.03.002 Public Notice] 20.02.005 Referral and review of permit applications. 20.02.001 Optional preapplication conference. A. Prior to filing applications for Type II actions requiring a preliminary plat and Type III and IV actions, applicants are encouraged to participate in a preapplication conference. Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process. Plans presented at the preapplication meeting are nonbinding and do not “vest” an application. B. The conference shall be held within 28 days of the request, upon payment of applicable fee(s) as set forth in the city’s adopted fee resolution. C. The Development Services Director or his/her designee (hereinafter the “director”) shall provide the applicant with the following during the conference: 1 A form which lists the requirements for a completed application; 2. A general summary of the procedures to be used to process the application; 3. The references to the relevant code provisions or development standards which may apply to approval of the application; and 4. The city’s design guidelines. D. Neither the discussions at the conference nor the information on the form provided by the director to the applicant under ECDC 20.02.001(C) shall bind the city in any manner or prevent the city’s future application or enforcement of all applicable codes, ordinances and regulations. E. Requests for preapplication conferences for all other types of applications will be considered on a time-available basis by the director. 20.02.002 Permit application requirements. Packet Page 200 of 602 Council Discussion Draft 8-16-10 8 An application shall consist of all materials required by the applicable development regulations and shall include the following general information: A. A completed land use application form; B. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property; C. A property and/or legal description of the site for all applications, as required by the applicable development regulations; D. The applicable fee; and E. Cover letter describing how the proposal satisfies theapplicable standards, requirements and criteria in the development regulations. 20.02.003 Submission and acceptance of application. A. Determination of Completeness. Within 28 days after receiving an application, the director shall mail or personally deliver to the applicant a determination which states that either: 1. The application is complete; or 2. The application is incomplete and what is necessary to make the application complete. B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project shall be identified in the determination of completeness. C. Additional Information. An application is complete for the purposes of this section when it meets the submission requirements of ECDC 20.02.002 and the submission requirements of the applicable development regulations. The determination of completeness shall be made when the application is sufficiently complete for review, even though additional information may be required or project modifications may be undertaken subsequently. The determination of completeness shall not preclude the director’s ability to request additional information or studies whenever new information is required, or when substantial changes are made to the proposed project. D. Incomplete Applications. 1. Whenever the applicant receives a determination from the city pursuant to ECDC 20.02.003(A)(2) that the application is incomplete, the applicant shall have 90 days to submit the necessary information. Within 14 days after an applicant has submitted Packet Page 201 of 602 Council Discussion Draft 8-16-10 9 the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection A of this section. 2. Whenever the applicant receives a notice that the contents of the application, which had been previously determined under ECDC 20.02.003(A)(1) to be complete, is insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the necessary information. If circumstances warrant, the applicant may apply in writing to the director requesting a one-time 90-day extension. The extension request must be received by the City prior to the end of the initial 90-day compliance period. 3. If the applicant does not submit the additional information requested within the 90-day period (or within the 90-day extension period, as applicable), the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed. 4. When the director determines that an application has lapsed because the applicant has failed to submit required information within the necessary time period, the applicant may request a refund of the application fee remaining after the city’s determination of completeness. E. Director’s Failure to Provide Determination of Completeness. An application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete as provided in subsection A of this section. F Date of Acceptance of Application. permit applications shall not be officially accepted until complete. When an application is determined to be complete, the director shall note the date of acceptance for continued processing. G. After acceptance, the city shall begin processing the applications. Under no circumstances shall the city place any applications on “hold” to be processed at some later date, even if the request for the “hold” is made by the applicant, and regardless of the requested length of the “holding” period. This subsection does not apply to applications placed on “hold” upon determination by the city that additional information is required in order to make a decision. [moved 20.02.004 Notice of Application to 20.03.002] 20.02.005 Referral and review of development project permit applications. Packet Page 202 of 602 Council Discussion Draft 8-16-10 10 Within 10 days of accepting an application, the director shall transmit a copy of the application, or appropriate parts of the application, to each affected government agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. Packet Page 203 of 602 Council Discussion Draft 8-16-10 11 Chapter 20.03 PUBLIC NOTICE REQUIREMENTS Sections: 20.03.001 Responsibility for providing public notice. 20.03.002 Notice of application. [moved Optional public notice to end of chapter]20.03.003 Notice of public hearing. 20.03.004 State Environmental Policy Act (SEPA) notice. 20.03.005 Shoreline Management Plan (SMP) notice. 20.03.006 Optional public notice. 20.03.001 Responsibility for providing public notice. . A. The Development Services Director or his/her designee (hereinafter the “director”) is responsible for all public notice requirements. 20.03.002 Notice of application. [moved from 20.02.004] A. Generally. A notice of application shall be provided to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with Chapter 20.03 ECDC. The Notice of application for these permits shall also be provided to the public by posting, publishing and mailing. B. Issuance of Notice of Application. 1. A notice of application shall be issued within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003. 2. If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 14 days prior to the open record hearing. C. Contents. The notice of application shall include the following information in a format determined by the director: 1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; 2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW; Packet Page 204 of 602 Council Discussion Draft 8-16-10 12 3. A description of other required permits not included in the application, to the extent known by the city at that time; 4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights; 6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued; 7. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application. D. Mailed Notice. Notice of application shall be mailed to: 1. the owners of the property involved if different from applicant; and 2. the owners of real property within 300 feet of the boundaries of the property(ies) involved in the application. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The adjacent property owners list must be current to within six (6) months of the date of initial application. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail. E. Published Notice. Notice of application shall be published in the city’s official newspaper (The Everett Herald, as identified in ECDC 1.03). The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.002.C. F. Posting. Posting of the property for site specific proposals shall consist of one or more notice boards as follows: 1. A single notice board shall be placed: Packet Page 205 of 602 Council Discussion Draft 8-16-10 13 a. At the midpoint of the street fronting the site or as otherwise directed by the director for maximum visibility; b. Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street without approval of the director; c. So that the bottom of the notice board is between two and four feet above grade; and d. Where it is completely visible to pedestrians. e. The size of the notice board shall be determined by the director. 2. Additional notice boards may be required when: a. The site does not abut a public road; b. A large site abuts more than one public road; or c. The director determines that additional notice boards are necessary to provide adequate public notice. 3. Notice boards shall be: a. Maintained in good condition during the notice period; b. In place at least 14 days prior to the date of any hearing, and at least 14 days prior to the end of any required comment period; c. Removed within 30 days of the date of the project decision. If the project is appealled, the sign must be removed 30 after the appeal decision is issued. 4. Removal of the notice board prior to the end of the notice period shall be cause for discontinuance of the department review until the notice board is replaced and remains in place for the specified time period. G. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development services department by 4:00 PM on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be as specific as possible. Packet Page 206 of 602 Council Discussion Draft 8-16-10 14 . [separated out Shoreline permits and moved to 20.03.005] 20.03.003 Notice of public hearing. A. Applicants of Type III or Type V actions, and appellants of Type II actions shall provide notice of public hearing by mailing, posting and publishing. B. Content of Notice of Public Hearing for All Applications. The notice of a public hearing required by this chapter shall contain: 1. The name and address of the applicant and the applicant’s representative; 2 A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to a vicinity location or written description, a map or postal address, and a subdivision lot and block designation (complete legal description not required); 3. The date, time and place of the hearing; 4. The nature of the proposed use or development; 5. A statement that all interested persons may appear and provide testimony; 6. The sections of the code that are pertinent to the hearing procedure; 7. A statement explaining when information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted; 8. The name of a city representative to contact and the telephone number where additional information may be obtained; 9. A statement that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and that copies will be provided at the requestor’s cost; and 10. A statement explaining that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies will be provided at the requestor’s cost. C. Mailed Notice. Mailed notice of the public hearing shall be provided as follows: 1. The notice of the public hearing shall be mailed to: Packet Page 207 of 602 Council Discussion Draft 8-16-10 15 a. The applicant; b. The owner of the subject property, if different from applicant; c. All owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application; and d. Any person who submits a public comments on an application; 2. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed notice of public hearing for preliminary plats and proposed subdivisions shall also include the following: a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of any city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities; b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the boundaries of Snohomish County shall be given to the appropriate county officials; c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway shall be given to the secretary of transportation; d. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.090(1)(b) shall be given to owners of real property located with 300 feet from any portion of the boundaries of the adjacent parcels owned by the owner of the real property to be subdivided. 3. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090. 4. Procedure for Mailed Notice of Public Hearing. a. The records of the Snohomish County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. As required under ECDC 20.03.001, the applicant shall provide a sworn certificate of mailing to all persons entitled to notice under this Chapter. b. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail. Packet Page 208 of 602 Council Discussion Draft 8-16-10 16 D. Procedure for Posted or Published Notice of Public Hearing. 1. Posted notice of the public hearing shall comply with requirements set forth in ECDC 20.03.002.F. 2. Notice of public hearing shall be published in the city’s official newspaper (The Everett Herald, as identified in ECDC 1.03). The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.003.B. E. Time of Notice of Public Hearing. 1. Notice shall be mailed, posted and first published not less than 14 or more than 30 days prior to the hearing date. 20.03.004 State Environmental Policy Act (SEPA) notice. 1. Whenever possible, the city shall integrate the public notice required under this subsection with existing notice procedures for the City’s nonexempt permits(s) or approvals(s) required for the proposal. 2. Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the City shall give public notice as follows: a. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. b. If an environmental document is issued concurrently with the notice of application, the public notice requiremnts for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1). c. If no public notice is otherwise required for the permit or approval, the City shall give notice of the DNS or DS by: • Posting the property, for site specific proposals; • Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and • Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general circlulation within the City). Packet Page 209 of 602 Council Discussion Draft 8-16-10 17 d. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. 3. If a DNS is issued using the optional DNS process, the public notice requirments for a notice of application in RCW 36.70B.110(4) as supplemented by the requirments in WAC 197-11-355 will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1)(b). 4. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: a. Indicating the availability of the DEIS in any public notice required for a nonexempt license; Posting the property, for site specific proposals; c. Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and c. Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general cirulation within the City). 5. Public notice for projects that qualify as planned actions shall be tied to underlying permit as specificed in WAC 197-11-172(3). 6. The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. 20.03.005 Shoreline Master Program (SMP) Notice. 1. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods: a. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built; b. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or c. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public. 2. Content of SMP Notice. SMP notices shall include: Packet Page 210 of 602 Council Discussion Draft 8-16-10 18 a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection; b. A statement that any person may submit oral or written comments at the hearing; c. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance. 3. Public Comment Period. The public comment period shall be 30 days. 4. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. 20.03.006 Optional public notice. The director, in his or her sole discretion, may: A. Notify the public or private groups with known interest in a proposal or type of proposal; B. Notify the news media; C. Place notices in appropriate regional or neighborhood newspapers or trade journals; D. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and E. Mail notice to additional neighboring property owners. Packet Page 211 of 602 Council Discussion Draft 8-16-10 19 Chapter 20.04 CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA Sections: 20.04.001 Determination of consistency. 20.04.002 Initial SEPA analysis. 20.04.003 Categorically exempt and planned actions. 20.04.001 Determination of consistency. A. Purpose. Consistency between a proposed development project permit application, applicable regulations and comprehensive plan shall be determined through the process described in this section. B. Consistency. During application review, the Development Services Director or his/her designee (hereinafter the “director”) shall determine whether the development regulations applicable to the proposed project, or in the absence of applicable development regulations, the city’s comprehensive plan, address the following: 1. The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied; 2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; 3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan; and 4. Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. C. Project Review. Project review by the director and appropriate city staff shall identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable significant adverse environmental impacts. During project review, neither the director nor any other city reviewing body may re-examine alternatives or hear appeals on decided matters which have already been found to be consistent with development regulations and/or the comprehensive plan, except for issues of code interpretation. 20.04.002 Initial SEPA analysis. Packet Page 212 of 602 Council Discussion Draft 8-16-10 20 A. In addition to the land use consistency review, the director shall review the permit application for consistency with the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city environmental policy ordinance, Chapter 20.15A ECDC, and shall: 1. Determine whether applicable regulations require studies to adequately analyze all of the proposed project’s specific probable adverse environmental impacts; 2. Determine whether applicable regulations require mitigation measures to adequately address identified environmental impacts; and 3. Provide prompt and coordinated review by other government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. B. In the review of a permit application, the director shall determine whether the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the proposal. C. If the director bases or conditions his or her approval of the application on compliance with the requirements or mitigation measures described in subsection A of this section, the city shall not impose additional mitigation under SEPA during project review for the same adverse environmental impacts. D. A comprehensive plan, development regulation or other applicable local, state or federal law provides adequate analysis of, and mitigation for, the specific adverse environmental impacts of a proposal when: 1. The impacts have been avoided or otherwise mitigated; or 2. The city has designated in the plan, regulation or law that certain levels of service, land use designations, development standards or other land use conditions allowed by Chapter 36.70A RCW are acceptable. E. In deciding whether a specific adverse environmental impact has been addressed by an existing city plan or development regulation, or by the regulations or laws of another government agency, the director shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the director shall base or condition any project approval on compliance with these other regulations. F. Nothing in this section limits the authority of the director in reviewing or mitigating the impacts of a proposed project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW. Packet Page 213 of 602 Council Discussion Draft 8-16-10 21 G. The director shall also review the application under Chapter 20.15A ECDC, the city environmental policy ordinance; provided, that such review shall be coordinated with the underlying permit application review. 20.04.003 Categorically exempt and planned actions. A. Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA. B. Planned Actions. 1. A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA. 2. A “planned action” means one or more types of project action that: a. Are designated planned actions by an ordinance or resolution adopted by the city; b. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with: i. A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or ii. A fully contained community, a master planned resort, a master planned development or a phased project; c. Are subsequent or implementing projects for the proposals listed in paragraph (2)(b) of this subsection; d. Are located within an urban growth area, as defined in RCW 36.70A.030; e. Are not essential public facilities, as defined in RCW 36.70A.200; and f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW. C. Limitations on Planned Actions. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than Packet Page 214 of 602 Council Discussion Draft 8-16-10 22 the jurisdictional boundaries of the city, and may limit a planned action to a time period identified in the environmental impact statement or this title. [exact restatement of 20.04.001.C] Packet Page 215 of 602 Council Discussion Draft 8-16-10 23 Chapter 20.06 OPEN RECORD PUBLIC HEARINGS Sections: 20.06.000 General. 20.06.001 Joint Public Hearings 20.06.002 Responsibility of director for hearing. 20.06.003 Conflict of interest. 20.06.004 Ex parte communications. 20.06.005 Disqualification. 20.06.006 Burden and nature of proof. 20.06.007 Order of proceedings. 20.06.008 Decision. 20.06.009 Notice of final decision. 20.06.010 Reconsideration of decision. 20.06.000 General. A. An open record public hearingis a hearing conducted by an authorized body or officer that creates the city’s record through testimony and submission of evidence and information. A public hearing may be held prior to the city’s decision on a development project permit application; this is an "open record predecision hearing." A public hearing may be held on an appealif no open record predecision hearing was held for the permit; this is an "open record appeal hearing." B. Open record predecision hearings on all Type III and IV permit applications and open record appeal hearings on all Type II decision appeals shall be conducted in accordance with this chapter. Public hearings conducted by the city hearing examiner shall also be subject to the hearing examiner’s rules. C. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. 20.06.001 Joint public hearings. [moved from 20.01.004] A. Decision to Hold Joint Hearing. The Development Services Director or his/her designee (hereinafter the “director”) may combine any public hearing on a project application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met. B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. Packet Page 216 of 602 Council Discussion Draft 8-16-10 24 C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when: 1. The other agency is not expressly prohibited by statute from doing so; 2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules; 3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing; or 4. The hearing is held within the geographic boundary of the city. 20.06.002 Responsibility of director for hearing. The director shall: A. Schedule project applications for review and public hearing; B. Verify compliance with notice requirements; C. Prepare the staff report on the application, which shall be a single report which sets forth all of the decisions made on the proposal as of the date of the report, including recommendations on project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall also describe any mitigation required or proposed under the city’s development regulations or SEPA authority. If the threshold determination, other than a determination of significance, has not been issued previously by the city, the report shall include or append this determination. D. Prepare the notice of decision, if required by the hearing body, and mail a copy of the notice of decision to those entitled by this chapter to receive the decision. 20.06.003 Conflict of interest. The hearing body shall be subject to the code of ethics, prohibitions on conflict of interest and appearance of fairness doctrine as set forth in Chapter 42.23 RCW, and Chapter 42.36 RCW as the same now exists or may hereafter be amended. 20.06.004 Ex parte communications. A. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before him or her, other than to participate in communications regarding procedural aspects necessary for maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate. Packet Page 217 of 602 Council Discussion Draft 8-16-10 25 Nothing herein shall prevent the hearing body from seeking legal advice from its legal counsel on any issue. B. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in ECDC 20.06.004(C). C. If a member of the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record: 1. All written communications received; 2. All written responses to the communications; 3. The substance of all oral communications received, and all responses made; and 4. The identity of each person from whom the member received any ex parte communication. The hearing body shall advise all parties that these matters have been placed on the record. Upon request made after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record. 20.06.005 Disqualification. A. Any member who is disqualified shall make full disclosure to the audience of the reason(s) for the disqualification, abstain from voting on the proposal, and physically leave the hearing. B. If enough members of the hearing body are disqualified so that a quorum cannot be achieved, then all members present, after stating their reasons for disqualification, shall be requalified and deliberations shall proceed. 20.06.006 Burden and nature of proof. A. Except for Type V actions, appeal of Type II actions and closed record appeals, the burden of proof is on the proponent. The development project permit application must be supported by convincing proof that it conforms to the applicable elements of the city’s development regulations and comprehensive plan (review criteria). The proponent must also prove that any significant adverse environmental impacts have been adequately mitigated. B. In an appeal of Type II actions or closed record appeal, the appellant has the burden of proof with respect to points raised on appeal. Packet Page 218 of 602 Council Discussion Draft 8-16-10 26 C. In a closed record appeal of the Architectural Design Board, its decision shall be given substantial deference regarding decision review within its expertise and contained in its decisions. 20.06.007 Order of proceedings. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate. A. Before receiving testimony and other evidence on the issue, the following shall be determined: 1. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body may proceed or terminate the proceeding; 2. Any member disqualifications shall be determined. B. The presiding officer may take official notice of commonly known and accepted information, such as: 1. Ordinances, resolutions, rules, officially adopted development standards, and state law; 2. Public records and facts judicially noticeable by law. C. Information officially noticed need not be proved by submission of formal evidence to be considered by the hearing body. Parties requesting official notice of any information shall do so on the record. The hearing body, however, may take notice of matters listed in subsection B of this section at any time. Any information given official notice may be rebutted. D. The hearing body may view the proposed project site or planning area with or without notification to the parties, but shall put into the record a statement setting forth the time, manner and circumstances of the site visit. E. Information shall be received from the staff and from proponents and opponents. The presiding officer may, in his or her discretion, permit persons attending the hearing to ask questions. Unless the presiding officer specifies otherwise, approved questions will be asked of persons submitting testimony by the presiding officer. F. When the presiding officer has closed the public hearing portion of the hearing, the hearing body may openly discuss the issue and may further question the staff or any person submitting information. An opportunity to present rebuttal shall be provided if new information is presented in the questioning. When all evidence has been Packet Page 219 of 602 Council Discussion Draft 8-16-10 27 presented and all questioning and rebuttal completed, the presiding officer shall officially close the record and end the hearing. 20.06.008 Decision. A. Following the hearing procedure described in ECDC 20.06.007, the hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse or, with the written consent of the applicant, which shall include a waiver of the statutory prohibition against two open record hearings, remand the decision for additional information. B. The hearing body’s written decision shall be issued within 10 working days after the close of record of the hearing and within 90 days of the opening of the hearing, unless a longer period is agreed to by the parties. C. The city shall provide a notice of decision as provided in ECDC 20.06.009. D. If the city is unable to issue its final decision on an application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. 20.06.009 Notice of final decision. A. The director shall issue a notice of final decision within 120 days of the issuance of the determination of completeness pursuant to ECDC 20.02.003; provided, that the time period for issuance of a notice of final decision on a preliminary plat shall be 90 days, for a final plat 30 days, and a final short plat 30 days. The notice shall include the SEPA threshold determination for the proposal and a description of any available administrative appeals. For Type II, III and IV permits, the notice shall contain the requirements set forth in ECDC 20.06.002(C) and explain that affected property owners may request a change in property tax valuation notwithstanding any program of revaluation. 1. The notice of final decision shall be mailed or otherwise delivered to the applicant, to any person who submitted comments on the application or requested a copy of the decision, and to the Snohomish County assessor. 2. Notice of the decision shall be provided to the public by any means deemed reasonable by the director. B. In calculating the 120-day period for issuance of the notice of final decision, or other decision period specified in 20.06.009(A) ECDC, the following periods shall be excluded: Packet Page 220 of 602 Council Discussion Draft 8-16-10 28 1. Any period during which the applicant has been requested by the director to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the director notifies the applicant of the need for additional information until the earlier of the dates the director determines that the additional information provided satisfies the request for information, or 14 days after the date the additional information is provided to the city; 2. If the director determines that the information submitted is insufficient, the applicant shall be informed of the deficiencies and the procedures set forth in subsection (B)(1) of this section for calculating the exclusion period shall apply; 3. Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and Chapter 20.15A ECDC. The time period for preparation of an EIS shall be governed by Chapter 20.15A ECDC; 4. Any period for consideration and issuance of a decision for administrative appeals of development project permits, which shall be not more than 90 days for open record appeals and 60 days for closed record appeals, unless a longer period is agreed to by the director and the applicant; 5. Any extension of time mutually agreed to by the director and the applicant in writing. C. The time limits established in this title do not apply if a permit application: 1. Requires an amendment to the comprehensive plan or a development regulation; 2. Requires siting approval of an essential public facility as provided in RCW 36.70A.200; or 3. Is substantially revised by the applicant, in which case the time period shall start from the date that a determination of completeness for the revised application is issued by the director pursuant to ECDC 20.02.003 and RCW 36.70B.070. 20.06.010 Reconsideration of decision. A. General. Any person identified in ECDC 20.07.003 as having standing to file an administrative appeal may request reconsideration of a decision of the hearing examiner which issues immediately after the open record public hearing on a permit application described in this chapter. (There shall be no reconsideration of a decision of the director (staff), ADB or city council.) Reconsideration is not a condition precedent to any appeal. Reconsideration shall be limited to: 1. error(s) of procedure; 2. error(s) of law or fact; 3. error(s) of judgment; and/or Packet Page 221 of 602 Council Discussion Draft 8-16-10 29 4. the discovery of new evidence that was not known and could not in the exercise of reasonable diligence, been discovered. B. Time to File. A request for reconsideration, including reconsideration fee, must be filed with the director within 10 calendar days of the hearing examiner’s written decision. Such requests shall be delivered to the director before 4:30 p.m. on the last business day of the reconsideration period. Requests for reconsideration that are received by mail after 4:30 p.m. on the last day of this reconsideration period will not be accepted, no matter when such requests were sent, mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing a request for reconsideration, the day the hearing examiner’s decision is issued shall not be counted. If the last day of the reconsideration is a Saturday, Sunday, or holiday designated by RCW 1.16.050, or by a city ordinance, then the reconsideration may be filed on the next business day. D. Content of Request for Reconsideration. Requests for reconsideration shall be in writing, be accompanied by the required reconsideration fee, and contain the following information: 1. The name, address and phone number of the requestor; 2. Identification of the application and final decision which is the subject of the request for reconsideration; 3. Requestor’s statement of grounds for reconsideration and the facts upon which the request is based; 4. The specific relief requested; 5. A statement that the requestor believes the contents of the request to be true, followed by his/her signature. 6. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided. E. Effect. The timely filing of a request for reconsideration shall stay the hearing examiner’s decision until such time as the hearing examiner issues a decision on reconsideration. F. Notice of Request for Reconsideration. The director shall provide mailed notice that a request for reconsideration has been filed to all parties of record as defined in ECDC 20.07.003. Packet Page 222 of 602 Council Discussion Draft 8-16-10 30 G. Hearing Examiner’s Action on Request. The hearing examiner shall consider the request for reconsideration without a hearing, but may solicit written arguments from parties of record. A decision on the request for reconsideration shall be issued within 10 business days after receipt of the request for reconsideration by the city. 1. The time period for appeal shall recommence and be the same for all parties of record, regardless of whether a party filed a motion for reconsideration. 2. Only one request for reconsideration may be made by a party of record. Any ground not stated in the initial motion is waived. 3. A decision on reconsideration or a matter that is remanded to the hearing examiner by the City Council is not subject to a motion for reconsideration. H. Limitations on Hearing Examiner’s Reconsideration. The hearing examiner shall consider the request for reconsideration based on the administrative record compiled on the application up to and including the date of the hearing examiner’s decision. The hearing examiner may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record and the hearing examiner’s decision. The reconsideration decision issued by the hearing examiner may modify, affirm or reverse the hearing examiner’s decision. I. Notice of Final Decision on Reconsideration. The director shall issue a notice of final decision on reconsideration in the manner set forth and to the persons identified in ECDC 20.06.009. J. Further Appeals. If no administrative appeal is allowed of the hearing examiner’s decision, and a request for reconsideration was timely filed, then any judicial appeal must be filed within 21 days after issuance of the decision on reconsideration, as provided in Chapter 36.70C RCW. Packet Page 223 of 602 Council Discussion Draft 8-16-10 31 Chapter 20.07 CLOSED RECORD APPEALS Sections: 20.07.001 Appeals of decisions. 20.07.002 Consolidated appeals. 20.07.003 Standing to initiate an administrative appeal. 20.07.004 Appeals of recommendations and decisions. 20.07.005 Procedure for closed record decision/appeal. 20.07.006 Judicial appeals. 20.07.007 Resubmission of application. 20.07.001 Appeals of decisions. A. "Closed record appeal" means an administrative appeal on the record to the city council, following an open record public hearing on a development project permit application when the appeal is on the record with no new evidence or information allowed to be submitted, except as provided in ECDC 20.07.005(B), and only appeal argument allowed. B. The right of appeal for all permit applications and Type V land use decisions shall be as described in the matrix set forth in ECDC 20.01.003. 20.07.002 Consolidated appeals. All appeals of development project permit application decisions, other than appeals of determinations of significance (“DS”), and exempt permits and approvals under ECDC 20.01.007, shall be considered together in a consolidated appeal using the appeal procedure for the highest type permit application. 20.07.003 Standing to initiate an administrative appeal. A. Limited to Parties of Record. Only parties of record may file an administrative appeal. B. Definition. The term “parties of record,” for the purposes of this chapter, shall mean: 1. The applicant; 2. Any person who testified at the open record public hearing on the application; 3. Any person who individually submits written comments concerning the application at the open record public hearing (or to staff if an appeal of a Type II decision). Persons who have only signed petitions are not parties of record; and/or Packet Page 224 of 602 Council Discussion Draft 8-16-10 32 4. The city of Edmonds. 20.07.004 Appeals of recommendations and decisions. Permit Decisions or Recommendations. Appeals of a hearing body’s recommendation or decision on a permit application shall be governed by the following: A. Standing. Only parties of record have standing to appeal the hearing body’s decision. B. Time to File. An appeal must be filed within 14 days after the issuance of the hearing body’s written decision. The appeal period shall be extended for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision. Appeals, including fees, must be received by the city’s development services department by mail or by personal delivery at or before 4:30 PM on the last business day of the appeal period. Appeals received by mail after 4:30 PM on the last day of the appeal period will not be accepted, no matter when such appeals were mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is issued shall not be counted. If the last day of the appeal is a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action, then the appeal may be filed on the next day that is not a Saturday, Sunday, holiday or closed day. D. Content of Appeal. Appeals shall be in writing, be accompanied by the required appeal fee as set forth in the city’s adopted fee resolution, and contain the following information: 1. Appellant’s name, address and phone number; 2. A statement describing appellant’s standing to appeal; 3. Identification of the application which is the subject of the appeal; 4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based with specific references to the facts in the record; 5. The specific relief sought; 6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. Packet Page 225 of 602 Council Discussion Draft 8-16-10 33 7. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided. E. Effect. The timely filing of an appeal shall stay the hearing body’s decision until such time as the appeal is concluded or withdrawn. F. Notice of Appeal. The Development Services Director (hereinafter the “director”) shall provide mailed notice of the appeal to all parties of record as defined in ECDC 20.07.003. 20.07.005 Procedure for closed record decision/appeal. A. Closed record appeals shall be based on the record established at the open record hearing before the hearing body/officer whose decision is appealed, which shall include the written decision of the hearing body/officer, copies of any exhibits admitted into the record, and official transcript, minutes or tape recording of the proceedings. 1. At his/her own expense, a party to the appeal may have the official tape recording of the open record hearing transcribed; however, to be admitted into the record, the transcription must be performed and certified by a transcriber that is pre-approved by the City. In addition, the certified transcription must be received by the City directly from the transcriber at least 16 working days before the date scheduled for the closed record review. It shall be each party of record’s responsibility to obtain a copy of the transcription from the City. 2. The director shall maintain a list of pre-approved transcribers that are court approved; and if needed, shall coordinate with parties to the appeal so that no more than one official transcription is admitted into the record. B. No new testimony or other evidence will be accepted by the city council except: (1) new information required to rebut the substance of any written or oral ex parte communication provided during an appearance of fairness disclosure; and (2) relevant information that, in the opinion of the city council, was improperly excluded by the hearing body/officer. 1. Appellants who believe that information was improperly excluded must specifically request in writing within 5 working days of the appeal deadline that the information be made part of the record. The request shall be addressed to the city council president, describing the information excluded, its relevance to the issues appealed, the reason(s) that the information was excluded by the hearing body/officer, and the reason why the hearing body/officer erred in excluding the information. 2. In determining whether the information should be admitted, the city council president may request other parties of record to submit written arguments rebutting the above. Non response by the city council president within 5 working days of Packet Page 226 of 602 Council Discussion Draft 8-16-10 34 the initial request that the information be made part of the record shall constitute a rejection of the same. C. Parties to the appeal may present written arguments to the city council. Arguments shall describe the particular errors committed by the decision maker, with specific references to the administrative record. The appellant shall bear the burden to demonstrate that the decision is clearly erroneous given the record. D. While not required, appellant may submit his or her written arguments 12 working days before the date scheduled for the closed record review. Parties of record, except for the appellant, may respond in writing to appellant’s arguments no later than 7 working days before the closed record review. Appellant may rebut in writing to responses submitted by parties of record no later than 4 working days before the closed record review. If the applicant is not the appellant, applicant may submit a final surrebuttal in writing to appellant’s rebuttal no later than 2 working days before the closed record review. E. Written arguments, responses, rebuttal and surrebuttals must be received by the city’s development services department by mail or personal delivery at or before 4:30 PM of the date due. Late submittals shall not be accepted. Submittals received by mail after 4:30 PM on the last day of the appeal period will not be accepted, no matter when such submittals were mailed or postmarked. It shall be the responsibility of the parties involved to obtain for their own use from the city copies of written arguments, responses, rebuttals and surrebuttals submitted. F. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided, double spaced and without exceeding twelve pages in length, including exhibits, if any. Exhibits that are not already in the record shall not be allowed. G. The review shall commence with the resolution of appearance of fairness issues, if any, followed by a presentation by the director of the general background of the proposed development and the issues in dispute. After the director’s presentation, the city council may ask clarifying questions on disputed issues to parties of record, with an opportunity for the director , appellant and/or applicant, respectively, to rebut to the response. The city council shall not request information outside the administrative record. H. The city council shall determine whether the decision by the hearing body/officer is clearly erroneous given the evidence in the record. The city council shall affirm, modify or reverse the decision of the hearing body/officer accordingly. Upon written agreement by the applicant to waive the requirement for a decision within the time periods set forth in RCW 36.70B.080, as allowed by RCW 36.70B.080(3), the city council may remand the decision with instructions to the hearing body for additional information. Packet Page 227 of 602 Council Discussion Draft 8-16-10 35 I. Notice of Final Decision on Closed Record Appeal. The director shall issue a notice of final decision on closed record appeal in the manner set forth and to the persons identified in ECDC 20.06.009. 20.07.006 Judicial appeals. The city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Snohomish County superior court. Such petition must be filed within 21 days after issuance of the decision, as provided in Chapter 36.70C RCW. 20.07.007 Resubmission of application. Any permit application or other request for approval submitted pursuant to this chapter that is denied shall not be resubmitted or accepted by the director for review for a period of 12 months from the date of the last action by the city on the application or request unless, in the opinion of the director, there has been a significant change in the application or a significant change in conditions related to the impacts of the proposed project. Packet Page 228 of 602 Council Discussion Draft 8-16-10 36 Chapter 20.08 DEVELOPMENT AGREEMENTS Sections: 20.08.010 Authority. 20.08.020 General provisions of development agreements. 20.08.030 Enforceability. 20.08.040 Approval procedure for development agreements. 20.08.050 Form of agreement, council approval, recordation. 20.08.060 Judicial appeal. 20.08.010 Authority. A. The city may enter into a development agreement with a person having ownership or control of real property within the city limits. The city may also enter a development agreement for real property outside of the city limit but within the urban growth area (UGA) as part of a proposed annexation or a service agreement. 20.08.020 General provisions of development agreements. A. A development agreement shall be consistent with the applicable policies and goals of the city of Edmonds comprehensive plan and applicable development regulations. As applicable, the development agreement shall specify the following: 1. Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities or building sizes; 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications; 3. Mitigation measures, development conditions and other requirements of Chapter 43.21C RCW; 4, Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features; 5. Provisions for affordable housing, if applicable; 6. Parks and common open space preservation; 7. Phasing; Packet Page 229 of 602 Council Discussion Draft 8-16-10 37 8. A build-out or vesting period for applicable standards; and 9. Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard. B. As provided in RCW 36.70B.170, the development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 20.08.030 Enforceability. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement. The agreement may not be subject to an amendment to a zoning ordinance or development standard or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. The permit approval issued by the city after the execution of the agreement must be consistent with the development agreement. 20.08.040 Approval procedure for development agreements. A development agreement is a Type V development project permit application and shall be processed in accordance with the procedures established in this title. A development agreement shall be approved by the Edmonds city council after a public hearing. 20.08.050 Form of agreement, council approval, recordation. A. Form. All development agreements shall be in a form provided by the city attorney’s office. The city attorney shall approve all development agreements for form prior to consideration by the Planning Board. B. Term. Development agreements may be approved for a maximum period of five years. C. Recordation. A development agreement shall be recorded against the real property records of the Snohomish County assessor’s office. During the term of the development agreement, the agreement is binding on the parties and their successors, including any area that is annexed to the city. 20.08.060 Judicial appeal. If the development agreement relates to a project permit application, the provision of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. Packet Page 230 of 602 APPROVED AUGUST 12th CITY OF EDMONDS PLANNING BOARD MINUTES July 28, 2010 Chair Lovell called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 – 5th Avenue North. BOARD MEMBERS PRESENT Philip Lovell, Chair John Reed, Vice Chair Kevin Clarke Kristiana Johnson Valerie Stewart STAFF PRESENT Rob Chave, Planning Division Manager Mike Clugston, Planner Karin Noyes, Recorder BOARD MEMBERS ABSENT Todd Cloutier READING/APPROVAL OF MINUTES VICE CHAIR REED MOVED THAT THE MINUTES OF JULY 14, 2010 BE APPROVED AS AMENDED. BOARD MEMBER JOHNSON SECONDED THE MOTION. THE MOTION CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA Chair Lovell added a briefing by Board Member Johnson relative to the most recent activities of the Citizens Economic Development Commission (CEDC) to the agenda as Item 8a. The remainder of the agenda was accepted as presented. AUDIENCE COMMENTS Roger Hertrich, Edmonds, reported that at their last meeting, the City Council discussed the Board’s recommendation regarding flexible thresholds for State Environmental Policy Act (SEPA) review. It was pointed out that, as proposed, an 18- unit planned residential development (PRD) would not require SEPA review. He suggested that SEPA review may help identify additional problems that would not show up as part of the PRD review. He expressed his belief that the Board’s recommendation would not receive favorable support from either the public or the City Council. When the Board works in contrast to the position of the general majority of the City Council, it casts a negative light on their efforts. He encouraged them to work more within the philosophy portrayed by the City Council. PUBLIC HEARING ON PROPOSED UPDATES TO LAND USE PROCEDURES CONTAINED IN THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) CHAPTERS 20.01 THROUIGH 20.08, EXCLUDING 20.05. (FILE NUMBER AMD 20100013) Mr. Clugston reviewed that the Board discussed the proposed updates at their meetings of April 14th and 28th, as well as at a public hearing on June 9th when they decided to postpone their recommendation. While they were generally satisfied with the proposed updates to the Title 20 procedures, they wanted to revisit the question of City Council involvement in land-use permit appeals. At this time, staff is proposing the following options for the Board’s consideration: retain the code changes approved by the City Council in 2009, which removed the Council from most appeal proceedings, or affirm the interim zoning ordinance approved by the City Council in 2010, which reinstated the Council’s role in appeals. Packet Page 231 of 602 APPROVED Planning Board Minutes July 28, 2010 Page 2 Mr. Clugston referred to Attachment 2, which is the permit matrix (ECDC 20.01.003.A) that was approved by the City Council in 2009. He also referenced Attachment 3, which is the entirety of the Title 20 updates. The matrix (Attachment 2) includes a proposal to change all Type III-B action to Type III-A action, which would eliminate the City Council’s role in appeals associated with certain types of applications (shoreline substantial development, conditional uses, variances, preliminary formal plats, and preliminary planned residential developments). He reminded the Board that in early 2010, the City Council adopted an interim ordinance that changed these types of actions back to Type III-B, which requires appeals to go before the City Council rather than Superior Court. If the Board desires to affirm the interim ordinance, they could recommend that the matrix be updated to identify the actions as Type III-B. Mr. Clugston advised that staff is also proposing that the “draft environmental impact statement (EIS) currently identified as a Type III-B action be removed entirely. He explained that a draft EIS is not a land-use permit, but rather a factual document used in support of making a land-use permit decision. There is no decision for the Hearing Examiner to make related to a draft EIS. In addition, there are separate statutory requirements that a lead agency must follow for a draft EIS review and appeal. These are fully described in ECDC 20.15A, which adopts WAC 197-11-535 and allows for the option of a public hearing on the EIS and outlines the hearing process. Vice Chair Reed asked if the proposed change related to the draft EIS would still be applicable if the Board recommends affirming the interim ordinance. Mr. Clugston answered that staff is recommending that the draft EIS be eliminated from the matrix regardless of the action the Board takes. Board Member Clarke questioned if it would be appropriate for the Board to take action on the proposed changes to SEPA separate from their action related to who hears the appeals. Mr. Chave suggested the Board focus their discussion on whether or not the City Council should continue to hear certain Type III appeals. The other recommended changes would be applicable to both alternatives. He expressed his belief that the Board could address all the changes in a single action. Chair Lovell referred to the matrix (ECDC 20.01.003) and noted that, as currently drafted, essential public facilities are the only actions in the Type III-B column. Mr. Clugston noted that the matrix approved by the City Council in 2009 included both essential public facilities and architectural design review as Type III-B actions. In the proposed update essential public facilities would remain as Type III-B actions, and architectural design review was changed to “design review where public hearing by Architectural Design Board is required.” Essentially, the requirement would remain the same. Board Member Stewart pointed out that the language on Pages 35, 38 and 40 requires that written submittals be single-sided. She reminded the Board of the City’s current effort to become more sustainable and recommended that this decision be left up to the person producing the documents and not be a City requirement. She advised that the City of Seattle has a program for cutting the amount of paper used by their government by encouraging people to produce double-sided documents. She suggested this is something the City of Edmonds should do, as well. Mr. Clugston agreed the language could be changed so that single-sided submittals would not be required. He said the intent of the proposed language was to ensure the submittals were legible. Chair Lovell inquired if there are legal requirements for single-sided documents. Mr. Chave answered that Superior Court may require single-side documents, but the City does not. The Board agreed that if there are no legal requirements for single-side documents, the language should be changed as proposed by Board Member Stewart. Staff agreed to research Superior Court requirements, and then make the appropriate changes to the proposed language. Chair Lovell reviewed the rules and procedures for the public hearing and then opened the hearing. Roger Hertrich, Edmonds, reminded the Board that three City Council candidates indicated that one of their main desires was to have the appeal process go back to the City Council, and the public elected these individuals. He referred to the interim ordinance and emphasized that the City Council has given the Board clear direction about what they want. Therefore, he questioned the need to go through the entire process again. While members of the Board may have a passion to prove the City Council wrong, the City Council has clearly voiced their philosophy to the public and the Board. He expressed concern that it costs appellants a lot of money to hire an attorney to go to Superior Court, and it is less costly to present appeals to the City Council. If the City Council makes a error, the Superior Court will have an opportunity to correct the error. He recalled a recent situation in which the City incurred a significant expense when someone appealed a decision to the Superior Court. He summarized that the City Council and the public have clearly expressed their opinions, and the Board should recommend language that is representative of the interim ordinance. They need to understand that citizens want protection for their neighborhoods. They want to be able to present their appeals to the City Council. He disagreed with previous Planning Board comments that City Council members are young and inexperienced. He pointed out that two Packet Page 232 of 602 APPROVED Planning Board Minutes July 28, 2010 Page 3 Council Members are attorneys, and the rest of them are very knowledgeable. He does not believe they will make unwise decisions because they will listen to the recommendations provided by their legal counsel. THE PUBLIC HEARING WAS CLOSED. Board Member Johnson stated that, as an individual, she would prefer a closed record appeal to the City Council. However, as a Planning Board Member, she needs to give considerable weight to the recommendations provided by the staff and City Attorney, who have spoken in favor of appeals going to Superior Court. Because this is a deeply divided issue, she asked that the Board’s recommendation include a suggestion that the City Council take advantage of whatever opportunities there are from legal and planning professional organizations and other resources to more fully explore the issue. Board Member Stewart asked if there is a record of how many members of the public have spoken in favor or against the City Council hearing appeals. She said she is currently undecided on the matter. Having read more thoroughly the language that a citizen must sort through and understand in order to present a case effectively, she worries about those who do not have the financial means to get the support they need to carry appeals through the process. However, she also agreed with Board Member Johnson that it is important to consider the counsel provided by staff and the City Attorney regarding potential exposure to the City if the City Council were to make an error in judgment. Vice Chair Reed said he is not aware of a tally of citizens who are for or against the issue. Nor does he recall a significant amount of public comment at any of the Board’s more recent discussions in April or June. He recalled that when the issue came before the Board in late 2008 and 2009, he was the lone vote against the proposed change to take the City Council out of the appeal process, and he still supports this position for the following reasons: Two remands were reversed when sent back to their source. In addition, three appeals were affirmed by the City Council and only one was reversed and the Hearing Examiner’s decision was changed. Data shows that the City Council’s costs for hearing appeals were $175,000, which is less than $20,000 per appeal. The average cost for all cities in the region was $57,000 per appeal. Perhaps the City Council’s understanding of land-use issues is enhanced when they conduct an appeal hearing as a closed record review, and this can facilitate the changes that need to be made. Appeals to the City Council are less costly than those to Superior Court. The latter can cause citizens to give up, and developers often have a distinct advantage. Perhaps it would be appropriate for the City to designate an ombudsman who could help citizen through the appeal process. ECDC 20.07.005 has been updated so that appeals can only be submitted in writing. Therefore, opportunities for oral argument that was taking place in appeals before the City Council has been eliminated. Appellants can only add new pieces of information that were not known when the original hearing took place. The financial gain to the City from developers can lead to interpretations supportive of approval and sometimes restrictions might be overlooked or compromised. The City Attorney is very adept at keeping people on track, and appeal hearings are well managed. There were at least two lawsuits that were pursued after decisions, and in both cases, the City’s decisions were determined to be at fault. These were costly to the City. Board Member Clarke agreed with the points articulated by Vice Chair Reed. He explained that until 1995, his neighborhood was part of unincorporated Snohomish County. One of their significant frustrations with being situated at the south end of the County was they felt they had little representation in their local government. When the neighborhood was annexed into the City of Edmonds, they felt totally different. He noted that since annexation, there have been some land use actions that involved zoning changes, etc. Most of their community felt that the locally-elected officials were fair and took time to understand their concerns. On the other hand, he said he can appreciate staff’s recommendation and the work they do to implement the land-use regulations. He disagreed with Mr. Hertrich’s sweeping generalization that three individuals ran their campaigns based on this issue. He said he does not remember any candidates who had this issue as a major campaign focus. These individuals may have been voted into office for a number of unrelated reasons. He noted that because Mr. Hertrich was the only citizen who participated in the public hearing, perhaps it is not a burning issue for the public at this time. However, he said he plans to support Vice Chair Reed’s balanced and rational approach. Packet Page 233 of 602 APPROVED Planning Board Minutes July 28, 2010 Page 4 Board Member Lovell recalled that the City Attorney made a very strong recommendation that these types of decisions should not be made by the City Council. While he is very sensitive to the comments made tonight, including those related to the new structure of the City Council and their capabilities, he would ask that, at a minimum, they recommend the City Council once again consider the advice of the City Attorney regarding appeals. Board Member Clarke said he has watched a neighborhood go through the appeal process at the Superior Court level, and it is a costly and time-consuming effort. It is also very unfair to the common citizens who feel they have been wronged. He suggested that sometimes the balance needs to tip to the individual property owners. They are talking about property rights, land use issues, quality of life, and protection of neighborhoods. He recalled Vice Chair Reed’s earlier comment that the cost of each hearing before the City Council is not significant. He suggested that sometimes they need to err on the side of protecting the taxpayers and allowing their voice to be heard without spending a huge amount of money. He agreed it would be helpful for the City Attorney to once again share his thoughts at the City Council’s hearing regarding the proposed amendments. Board Member Johnson said she would like to know more about the legal risks that City Attorney Snyder has talked about previously, as well as experiences of other jurisdictions that have gone through the process. She suggested the Board recommend the City Council pursue this information in a construction way. Chair Lovell agreed the Board could recommend the City Council research the issue further before rendering a final decision. VICE CHAIR REED MOVED THE BOARD FORWARD ATTACHMENT 3 TO THE CITY COUNCIL, AFFIRMING ALL OF THE RECOMMENDED CHANGES WITH THE FOLLOWING EXCEPTIONS: THAT THEY AFFIRM THE INTERIM ZONING ORDINANCE APPROVED BY THE CITY COUNCIL IN 2010, WHICH REINSTATED THE CITY COUNCIL’S ROLE IN APPEALS. THE “DRAFT ENVIRONMENTAL IMPACT STATEMENT” BE ELIMINATED FROM THE TYPE III-B COLUMN IN THE MATRIX (ECDC 20.01.003.A). BOARD MEMBER CLARKE SECONDED THE MOTION. Board Member Clarke said is interesting to observe that someone could run for City Council and lose by popular vote, but still be appointed by the current City Council to fill vacant positions. He suggested that democracy is fickle, and sometimes the public speaks out of both sides of their mouth. He agreed this is not a clear issue, but the Board has tried to give their best perspective. THE MOTION CARRIED 3-1, WITH BOARD MEMBER JOHNSON VOTING NO AND CHAIR LOVELL ABSTAINING. Vice Chair Reed suggested that when the Board’s recommendation is forwarded to the City Council, it should be accompanied with a suggestion that rather than moving through the issue quickly, the Council should carefully consider the new information provided to the Board, as well as the comments made by Board Member Johnson that they explore all the implications as part of an on-going process for dealing with land use issues. Mr. Clugston said that based on further research, staff would make the appropriate language adjustments related to “single-document” submittals before the proposal is submitted to the City Council. PUBLIC HEARING ON PROPOSED AMENDMENTS TO THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 18.05 AND 20.50 CLARIFYING DEFINITIONS AND PROCESSES FOR REGULATION OF WIRELESS TELECOMMUNICATION FACILITIES Mr. Clugston summarized that the City Council asked the Planning Board to review and strengthen siting requirements for wireless facilities on utility poles located in unzoned rights-of-way. However, in the Board’s previous discussions in April and June it became apparent that there were opportunities to tighten the siting requirements for wireless facilities on zoned parcels, as well. He reminded the Board of the City Attorney’s counsel that the City cannot regulate wireless facilities on the basis of health effects. However, there are a variety of changes proposed to both chapters to tighten siting and aesthetic Packet Page 234 of 602 AI-3228 Item #: 6. a. Planning Board Agenda Date: 07/28/2010 Public hearing on proposed updates to land use procedures ECDC 20.01 - 20.08, excluding 20.05 Staff Lead/Author:Michael Clugston Department:Planning Initiated By:City Staff Information Subject/Purpose Public hearing on proposed updates to land use procedures contained in the Edmonds Community Development Code (ECDC) (Chapters 20.01 through 20.08, excluding 20.05) which include; staff reassuming the public notice requirements for project applications; reorganizing and clarifying portions of text; and updating the permit type matrix in ECDC 20.01.003.A. Two options are being considered by the Planning Board; one option would retain the code changes approved by the City Council in 2009 which removed the Council from most appeals proceedings, while the second option would affirm the interim zoning ordinance approved by the City Council in 2010 which reinstated the Council’s role in appeals. (File No. AMD20100013). Staff Recommendation Recommend to City Council for a public hearing Previous Board Action The Planning Board discussed the proposed updates at their April 14 and April 28 meetings and at the public hearing on June 9. The Board did not move the proposed changes on June 9 but rather wanted to further consider options for Council involvement in land use appeals. (Attachment 1) Narrative While the Board was generally satisfied with the proposed updates to the Title 20 procedures, members wanted to revisit the question of City Council involvement in land use permit appeals. As discussed above, two options are proposed for consideration - one option would retain the code changes approved by the City Council in 2009 which removed the Council from most appeal proceedings, while the second would affirm the interim zoning ordinance approved by the City Council in 2010 which reinstated the Council’s role in appeals. Attachment 2 is the permit matrix in ECDC 20.01.003.A as it was approved in 2009 and Attachment 3 is the entirety of the Title 20 updates including strike-outs within the matrix in column III-B with those procedures moved to III-A. Staff is also proposing one additional change to the permit matrix. The 'Draft environmental impact statement' that is shown in column III-B is proposed to be removed entirely. A draft environmental impact statement (DEIS) is not a land use permit but rather a factual document used in support of making a land use permit decision like a subdivision or a rezone. There is no decision for the Hearing Examiner to make on a DEIS and there are separate statutory requirements that a lead agency must follow for DEIS review and appeal which are fully described in ECDC 20.15A. ECDC 20.15A adopts WAC 197-11-535 which allows for the option of a public hearing on the DEIS and the WAC specifies a process for how such a hearing must be held. Page 1 of 2Print Agenda Item 8/9/2010http://edmonds-agenda/frs/publish/print_ag_memo.cfm?seq=3228&rev=0&mode=External... Packet Page 235 of 602 Attachments Attachment 1 - 6/9 PB minutes exceprt Attachment 2 - June 2009 permit matrix Attachment 3 - proposed Title 20 text Page 2 of 2Print Agenda Item 8/9/2010http://edmonds-agenda/frs/publish/print_ag_memo.cfm?seq=3228&rev=0&mode=External... Packet Page 236 of 602 APPROVED Planning Board Minutes June 9, 2010 Page 15 PUBLIC HEARING ON PROPOSED UPDATES TO LAND USE PROECEDURS (CHAPTERS 20.01 THROUGH 20.08, EXCLUDING 20.05) Mr. Clugston reviewed that since Title 20 was adopted by the City Council in June 2009, staff identified several areas that needed further refinement. These include staff reassuming the public notice requirements for project applications, reorganizing and clarifying portions of the text, and updating the permit type matrix in ECDC 20.01.003.A. Board Member Lovell recalled the Board’s previous discussions regarding the proposed changes. He noted that the Board generally agreed with the changes proposed by staff. However, the majority of the Board disagreed with the decision made by the City Council to change the permits that were identified at Type III-A decisions to Type III-B decisions, allowing appeals to come before the City Council for closed record review. He referred to the Planning Board Minutes of April 14, 2010 (Attachment 5), which reflects the majority of the Board’s position on this matter. Board Member Reed noted that some Type IV decisions go before the Planning Board, so perhaps Section 20.01.001.B should be updated to include language similar to Section 10.01.001.C.1. The Board concurred that it is important to clarify the role of each of the hearing bodies. City Attorney Snyder pointed out that there is an entire section on quasi-judicial hearings elsewhere in the code. Mr. Chave agreed to review the language to determine if the Planning Board’s role in quasi- judicial decisions is covered adequately elsewhere in the code or if new language should be added to address the concern. Board Member Reed requested clarification about why “home occupation permits” were eliminated from the matrix as a Type II decision. Mr. Clugston answered that home occupations are handled administratively or through a conditional use process if a certain threshold is exceeded. Al Rutledge, Edmonds, referred to Section 20.07.004.B, which requires that appeals be filed in person or by mail. He suggested this be changed to allow an appellant to submit an appeal via fax or Western Union. He also recommended that the fee be eliminated for closed record appeals because it is the second time around. THE PUBLIC PORTION OF THE HEARING WAS CLOSED. City Attorney Snyder explained that fees are not established by the proposed ordinance. They are established separately via a City Council resolution. He advised that the City Council has established that fees should be set at a level consistent to recover costs. Mr. Chave added that appeal fees are actually set at a level to recover some costs, but not the full cost. In addition, it is not possible for appellants to submit appeals via fax because they are required to also pay a fee at the time an appeal is filed. There is no way for them to submit their payment via fax. Board Member Reed recalled that when the previous amendments to Title 20 were forwarded to the City Council for adoption a few years ago, he was the only Board Member who voted in opposition. As a group, the Board voted to take the City Council out of the appeal process, and the City Council adopted the change. However, in early 2010, the City Council reversed their decision. He said his position remains the same for the reasons he previously stated. Board Member Stewart pointed out that even if an appeal is mailed to the City in a timely manner, there can still be issues if the mail is slow and the appeal doesn’t arrive on time. She expressed concern for people who are housebound and do not have the ability to submit documents to the City in person. Mr. Chave said he has never heard of an instance where someone was unable to file a timely appeal. If the City receives a communication that indicates someone is having a problem, they will find a way to accommodate their needs. Vice Chair Lovell suggested the Board revert back to the original matrix and take the City Council out of the appeal process. He referred to materials provided in the staff report from the City Attorney about the pros and cons of having the City Council hear appeals. He specifically referred to Attachment 2, which identifies an average cost $57,000 per claim for lawsuits associated with land use decisions. He suggested the Board recommend the City Council reverse their earlier decision and move a number of appeals to the Hearing Examiner or Superior Court rather than to the City Council. He observed that the current City Council is primarily new and inexperienced, and he would like to place the appeal process in the hands of a professional Hearing Examiner. In addition, it is important to keep in mind that the City Council will have their hands full with other matters such as economic development and the budget situation. Packet Page 237 of 602 APPROVED Planning Board Minutes June 9, 2010 Page 16 VICE CHAIR LOVELL MOVED TO FORWARD THE PROPOSED UPDATES TO THE LAND USE PROCEDURES IN ECDC CHAPTER 20 AS PRESENTED WITH THE EXCEPTION THAT THE MATRIX IN SECTION 20.01.003.A BE CHANGED BACK TO THE WAY IT WAS PRIOR TO THE INTERIM ORDINANCE THAT WAS RECENTLY ADOPTED BY THE CITY COUNCIL. THIS WOULD RESULT IN ALL APPEALS TO TYPE III-B DECISIONS GOING TO THE HEARING EXAMINER RATHER THAN THE CITY COUNCIL. Mr. Chave suggested that, rather than forwarding a recommendation to the City Council at this time, the Board could direct staff to update the matrix in Section 20.01.003.A as per the Board’s direction. The updated matrix could be presented to the Board at their next meeting for additional review prior to their recommendation. THE MOTION DIED FOR LACK OF A SECOND. Board Member Cloutier expressed his belief that it is not appropriate for the City Council to hold closed-record appeals. Instead, they should be interacting with the citizens regarding land use issues and waterfront redevelopment. He cautioned that there could be appearance of fairness issues if the City Council Members were to get deeply involved in waterfront redevelopment issues. They would not have the ability to then serve as THE hearing body for quasi-judicial appeals related to redevelopment proposals. Mr. Chave referred the Board to Attachment 1, which was prepared by staff to outline the pros and cons of having the City Council involved in quasi-judicial decision making. Board Member Cloutier said that while he likes the venue, he does not like the risk. If the City Council is trying to do everything right, they will end up getting ham strung and not be able to execute a quasi-judicial review. Board Member Reed expressed concern about placing citizens in the position of having to take an appeal to Superior Court. Many citizens cannot afford this expense, but they feel strongly about an issue. However, he emphasized that when appeals go before the City Council for review, the closed-record review process must be well managed. This requires that appeals be submitted in writing. He expressed his belief that having the City Council hear quasi-judicial appeals on behalf of the citizens is the best approach. He noted that developers have the advantage of being able to afford costly legal fees, and statistics show that the City Council has overturned decisions both ways. He said he always wants the City to err on the side of giving the citizens an appeal route that is more practical than hiring an attorney or representing themselves at a Superior Court hearing. He suggested the Planning Board invite the public to provide their feedback about the issue, but unless someone can provide him with a clear reason to change his mind, he intends to vote against the recommendation. Board Member Cloutier said he supports the idea of giving the citizens another place to go that does not require Superior Court, but he is concerned that the City Council could end up in a difficult spot. Vice Chair Lovell said he would vote in favor of recommending the City Council be taken out of the quasi-judicial decision making process based on the information provided by staff and the City Attorney. Board Member Guenther agreed with the recommendation of the City Attorney, the insurance agency and staff that the City is at risk when the City Council is in the position of making land use decisions. Having the Hearing Examiner make these decisions involves less risk. He expressed concern that, in the past, it has been difficult for the City Council to conduct closed-record reviews because people try to submit new information into the record. Board Member Stewart said that while she appreciates Board Member Reed’s concerns about citizens not having sufficient funds to pursue appeals against a developer, she would like to think that the Hearing Examiner will be fair and that both sides can be represented well. She said she still believes that the City has a huge liability when the City Council involves themselves in quasi-judicial decisions and they no longer have the ability to discuss land use issues with citizens. She said she is still leaning towards her original position that the City Council should not be involved in quasi-judicial decisions. They already have plenty on their plate, and they do not have the time to get into the details associated with closed-record appeals. Mr. Chave clarified that none of the proposed changes would replace the role of the Hearing Examiner. The Hearing Examiner would remain part of the process. The only question is what comes after the Hearing Examiner decision. On one hand, a decision could go straight to court. On the other hand, there is a potential intermediate stop, which is consistent with Packet Page 238 of 602 APPROVED Planning Board Minutes June 9, 2010 Page 17 the City Council’s interim ordinance. He emphasized, however, that even when the City Council hears an appeal, the issue could still end up in Superior Court. Either route, the main record is established by the Hearing Examiner. Board Member Johnson said that if the Board is going to revisit the issue of whether or not the City Council should be part of quasi-judicial decisions, she would like to research the previous discussions that have taken place at the Planning Board and City Council levels. Mr. Chave said this information could be obtained by searching minutes starting in October of 2008. BOARD MEMBER CLOUTIER MOVED THAT THE BOARD CONTINUE THE PUBLIC HEARING TO THE NEXT MEETING TO CONSIDER REVISED LANGUAGE RELATED TO QUASI-JUDICIAL APPEALS. THE MOTION DIED FOR LACK OF A SECOND. City Attorney Snyder reminded the Board that they closed the public hearing and members of the audience have left the meeting. Therefore, it would be necessary to re-advertise if the Board desires to allow additional public comment. He suggested the Board advertise and conduct an additional hearing, which does not require a formal action. The Board concurred. REVIEW OF CIVIL ENFORCEMENT REGULATIONS City Attorney Snyder advised that late last year, the Washington Supreme Court in Post v. Tacoma determined that code enforcement procedures that apply continuing penalties must afford an opportunity for appeal before continuing penalties are levied. Section 1 of the ordinance is intended to correct the problem by providing for notice and an opportunity to appeal each and every penalty assessment. Section 2 of the ordinance specifically addresses the code enforcement procedures. The current code references a 10-day appeal to Superior Court. However, the subsequently adopted Land Use Petition Act, which outlines the appeal procedure process, identifies a longer appeal period of 21 days. He recommended the language be amended to acknowledge the longer appeal period and to provide direction to appellants as to the appropriate statutory procedure. Mr. Snyder explained that, as currently proposed, staff would be required to provide additional notice every time a penalty is assessed. In most cases, the Hearing Examiner will render a decision that covers a certain number of days. If the individual for which the enforcement action is aimed at does not comply with the Hearing Examiner’s decision, they will receive another notice and have another opportunity for a hearing. The Supreme Court noted in its decision that code violators may have corrected the situations and levying fines without given them an opportunity to provide that information is a violation of their due process rights. Individuals should be afforded an opportunity to come forward with information that they have fixed the violation. Board Member Reed asked if the $100 fee would apply regardless of the type of violation. Mr. Snyder answered that Chapter 18 lists a number of violations that carry a higher per day fine, such as critical areas violations, tree cutting, etc., but $100 is the default fine if there is no other reference in the code. Vice Chair Lovell summarized that, as proposed, when a person is cited for a specific violation and a $100 fine is instituted, it takes two weeks for the process to get to the Hearing Examiner where a decision is made that the action must be corrected or the penalty would stand. At that point, the person would owe the City $1,400. If the Hearing Examiner finds that the person has still not corrected the violation, the City must send out a new notice and the process starts again. City Attorney Snyder noted that at the hearing, the person would have an opportunity to appeal to the Hearing Examiner and another inspection would be conducted. If it is found that the violation has not been corrected, another notice would be sent out and the process would start again. Vice Chair Lovell asked if there are consequences for people who do not pay their assessed fines. City Attorney Snyder answered that the City has injunctive relief for certain violations such as those related to critical areas. They can also turn the situation over to collections, but unfortunately, this is not typically very successful. Another option is to take the person to court. Packet Page 239 of 602 {BFP724405.DOC;1/00006.900150/} 2 C. Decisionmaker(s). Applications processed in accordance with subsection B of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner or Planning Board, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to ECDC 20.01.004. Concurrent public hearings held with the design review board and any other decisionmaker shall proceed with both decisionmakers present. 20.01.003 Development project permit application framework. A. Decisions. TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A Type IV-B TYPE V Statement of zoning restriction Modification to landscape plans Plat vacations and alterations Essential Public Facilities Final plats Site specific / contract rezone Development agreements Boundary line adjustments, lot line adjustment, lot combination Formal interpretation of the text of the ECDC by the Director or designated staff Shoreline substantial development, shoreline conditional use, shoreline variance Architectural Design review Final Planned Residential Development Zoning text amendments; area-wide zoning map amendments Permitted uses not requiring site plan review Home occupation permit Preliminary Planned Residential Development Comprehensive plan amendments Special use permits Accessory Dwelling Unit Conditional use Annexations Minor amendments to Planned Residential Development Draft environmental impact statement / SEPA determinations General variances, and sign permit variances, Development regulations Minor Preliminary Plat amendment Revisions to shoreline management permits Site plan/major amendments to site plans Master Plan Minor design review Administrative variances Preliminary plats Sign permits Short plat Land clearing/ grading Packet Page 240 of 602 Planning Board Public Hearing 7-28-10 1 EXHIBIT A Chapter 20.01 TYPES OF DEVELOPMENT PROJECT PERMITS APPLICATIONS Sections: 20.01.000 Purpose and general provisions [new] 20.01.001 Procedures for processing development project permits.Types of Actions 20.01.002 Determination of proper procedure type. 20.01.003 Development project permit application Permit type and decision framework. 20.01.004 Joint public hearings. [move to 20.06.001] 20.01.005 Decisions. [incorporated with 20.01.001] 20.01.006 Legislative enactments not restricted. 20.01.007 Exemptions from development project permit application processingExempt projects. 20.01.000 Purpose and general provisions A. The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development project permit application decisions made by the City of Edmonds. These procedures are intended to: • Promote timely and informed public participation; • Eliminate redundancy in the application, permit review, and appeals processes; • Process permits equitably and expediently; • Balance the needs of permit applicants with neighbors; • Ensure that decisions are made consistently and predictably; and • Result in development that furthers City goals as set forth in the Comprehensive Plan. These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. B. The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code. When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements. Where conflicts occur between provisions of this Code and/or between the Code and other City regulations, the more restrictive provisions shall apply. Where conflict between the text of this Code and the zoning map ensue, the text of this Code shall prevail. C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or Attachment 3 Packet Page 241 of 602 Planning Board Public Hearing 7-28-10 2 legislative action the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. 20.01.001 Procedures for processing development project permits. A. For the purpose of development project permit processing, all development project permit applications shall be classified as one of the following as addressed and referenced in ECDC 20.01.003: Type I, Type II, Type III or Type IV. Legislative decisions are Type V actions, and are addressed in ECDC 20.01.005. Exclusions from the requirements of development project permit application processing are contained in ECDC 20.01.003(B). [incorporated and expanded in 20.01.000] B. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. [incorporated in 20.01.000] 20.01.001 Types of Actions There are five main types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. A. Administrative Decisions. Type I and II decisions are administrative decisions made by the Development Services Director or his/her designee (hereinafter the “director”). Type I permits are ministerial decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits are administrative decisions where the Director makes a decision based on standards and clearly identified criteria, but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. B. Quasi-judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial decisions that involve the use of discretionary judgement in the review of each specific application. Quasi-judicial decisions are made by the Hearing Examiner, the Architectural Design Board, and/or the city council. C. Legislative Decision. Type V actions are legislative decisions made by the city council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. 1. Planning Board. The Planning Board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city Packet Page 242 of 602 Planning Board Public Hearing 7-28-10 3 council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the Planning Board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the Planning Board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in ECDC 20.03.004. 4. Implementation. City council decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. 20.01.002 Determination of proper procedure type. A. Determination by Director. The Development Services Director or his/her designee (hereinafter the “director”) director shall determine the proper procedure for all development project applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure. B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in ECDC 20.01.003. The applicant may determine whether the application will be processed collectively or individually. If the applications are processed individually, the highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from the highest numbered to the lowest. C. Decisionmaker(s). Applications processed in accordance with subsection B of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner or Planning Board, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to ECDC 20.01.004. Concurrent public hearings held with the design review board and any other decisionmaker shall proceed with both decisionmakers present. 20.01.003 Development project permit application frameworkPermit Type and Decision Framework. A. DecisionsPermit Types. Packet Page 243 of 602 Planning Board Public Hearing 7-28-10 4 TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A TYPE IV-B TYPE V Statement of zoning restrictionZoning Compliance Letter Modification to landscape plans Outdoor Dining Plat vacations and alterations Essential Public Facilities Final formal plats Site specific / contract rezone Development agreements Boundary line adjustments, lLot Line Adjustment, lot combination Formal interpretation of the text of the ECDC by the Director or designated staff Technological impracticality waiver for amateur radio antennas Architectural Design review (where public hearing by Architectural Design Board is required) Final Planned Residential Development Zoning text amendments; area-wide zoning map amendments Permitted uses not requiring site plan review Home occupation permit Shoreline substantial development, shoreline conditional use, shoreline variance Site plan/major amendments to site plans Shoreline substantial development, shoreline conditional use, shoreline variance Comprehensive plan amendments Special use permits Accessory Dwelling Unit Conditional use permits (where public hearing by Hearing Examiner is required) Conditional use permits (where public hearing by Hearing Examiner is required) Annexations Minor Amendments to Planned Residential Development SEPA determinations Variances General Variances and sign permit variances Development regulations Minor Preliminary Plat Amendment Revisions to shoreline management permits Draft environmental impact statement Master Plan Staff design review, including signs Administrative variances Preliminary formal plat Preliminary formal plat Packet Page 244 of 602 Planning Board Public Hearing 7-28-10 5 Sign permits Preliminary Short short plat Preliminary Planned Residential Development Preliminary Planned Residential Development Sales Office/Model (17.70.005) Land clearing/ Grading Home Occupation Permit (where public hearing by Hearing Examiner is required) Home Occupation Permit (where public hearing by Hearing Examiner is required) Shoreline Exemptions Land Use Permit Extension Requests Final Short Plat Guest House Critical Area Determinations B. The following permits or approvals are specifically excluded from the procedures set forth in this Title: landmark designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under Title 18. [moved to 20.01.007] CB. Action TypeDecision Table. PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A TYPE IV-B TYPE V Recommendation by: N/A N/A N/A N/A N/A Planning Board Planning Board Final decision by: Director Director Hearing examiner Hearing examiner / ADB City council City council City council Notice of application: No Yes Yes Yes Yes Yes No Open record public hearing or open record appeal of a final decision: No Only if appealed, open record hearing Yes, before hearing examiner to render Yes, before hearing examiner or board No Yes, before Planning Board which makes recommendation to council Yes, before Planning Board which makes recommendation to council Packet Page 245 of 602 Planning Board Public Hearing 7-28-10 6 before hearing examiner final decision to render final decision Closed record review: No No No Yes, before the council No Yes, before the council Yes, or council could hold its own hearing Judicial appeal: Yes Yes Yes Yes Yes Yes Yes 20.01.004 Joint public hearings. [moved section to 20.06.001 – Open Record Public Hearings] A. Administrator’s Decision to Hold Joint Hearing. The director may combine any public hearing on a development project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met. B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when: 1. The other agency is not expressly prohibited by statute from doing so; 2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules; 3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing; or 4. The hearing is held within the geographic boundary of the city. 20.01.005 Decisions. [moved section to 20.01.001] A. Administrative Decisions. Type I and II decisions are administrative. Administrative decisions are made by the Director. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. Packet Page 246 of 602 Planning Board Public Hearing 7-28-10 7 B. Quasi-judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial. Quasi-judicial decisions are made by the Hearing Examiner and/or the city council. C. Legislative Decision. Type V decisions are legislative. Legislative decisions are made by the city council. 1. Planning Board. The Planning Board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the Planning Board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the Planning Board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in ECDC 20.03.004. 4. Implementation. City council decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. 20.01.006 Legislative enactments not restricted. Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, or the city’s development regulations as part of the annual revision process. 20.01.007 Exemptions from development project permit application processingExempt projects. A. Whenever a permit or approval in the Edmonds Community Development Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in development project permit processing, except as provided in ECDC 20.01.003(B)The following projects are specifically excluded from the procedures set forth in this Chapter: landmark designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under Title 18. B. Pursuant RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other construction permits, or similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and the city’s SEPA/environmental policy ordinance, Chapter 20.15A ECDC), or permits/approvals for which environmental review has been completed in connection with other development Packet Page 247 of 602 Planning Board Public Hearing 7-28-10 8 project permits, are excluded from the requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the following procedures: 1. Notice of application (ECDC 20.02.004) unless an open record hearing is allowed on the development project permit decision; 2. Except as provided in RCW 36.70B.140, optional consolidated development project permit review processing (ECDC 20.01.002(B)); 3. Joint public hearings (ECDC 20.01.00420.06.001); 4. Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open public record hearing (ECDC 20.06.002(C)); and 5. Notice of decision (ECDC 20.06.009). Packet Page 248 of 602 Planning Board Public Hearing 7-28-10 9 Chapter 20.02 TYPE I – IV DEVELOPMENT PROJECT PERMIT APPLICATIONS Sections: 20.02.001 Optional preapplication conference. 20.02.002 Development project permit Permit application requirements. 20.02.003 Submission and acceptance of application. 20.02.004 Notice of application. [moved to 20.03.002] 20.02.005 Referral and review of development project permit applications. 20.02.001 Optional preapplication conference. A. Prior to filing applications for development project permit Type III actions requiring a preliminary plat or site plan review and Type III and IV actions, the applicants are encouraged to participate in may request a preapplication conference. The purpose of the preapplication conference is to merely acquaint the applicant with the requirements of the Edmonds Community Development Code.Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process. Applicant shall be responsible for verifying the accuracy of information provided by the city at the conference. Plans presented at the preapplication meeting are nonbinding and do not “vest” an application. B. The conference shall be held within 28 days of the request, upon payment of applicable fee(s) as set forth in the city’s adopted fee resolution. C. The Development Services Director or his/her designee (hereinafter the “director”)The director shall provide the applicant with the following during the conference: 1 A form which lists the requirements for a completed application; 2. A general summary of the procedures to be used to process the application; 3. The references to the relevant code provisions or development standards which may apply to approval of the application; and 4. The city’s design guidelines. D. Neither the discussions at the conference nor the information on the form provided by the director to the applicant under ECDC 20.02.001(C) shall bind the city in any manner or prevent the city’s future application or enforcement of all applicable codes, ordinances and regulations. Packet Page 249 of 602 Planning Board Public Hearing 7-28-10 10 E. Requests for preapplication conferences for all other types of applications will be considered on a time-available basis by the director. 20.02.002 Development project permit Permit application requirements. Applications for development project permits shall be submitted on forms provided by the director. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information as applicable:: A. A completed development project permit land use application form; B. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property; C. A property and/or legal description of the site for all applications, as required by the applicable development regulations; D. The applicable fee; and E. Statement Cover letter describing how the proposal satisfies theaddressing all applicable standards, requirements and criteria in the development regulations. 20.02.003 Submission and acceptance of application. A. Determination of Completeness. Within 28 days after receiving an development project permit application, the city director shall mail or personally deliver to the applicant a determination which states that either: 1. That tThe application is complete; or 2. That tThe application is incomplete and what is necessary to make the application complete. B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project shall be identified in the determination of completeness. C. Additional Information. An development project permit application is complete for the purposes of this section when it meets the submission requirements of ECDC 20.02.002 and the submission requirements of the applicable development regulations. The determination of completeness shall be made when the application is sufficiently complete for review, even though additional information may be required or project modifications may be undertaken subsequently. The director’s determination of Packet Page 250 of 602 Planning Board Public Hearing 7-28-10 11 completeness shall not preclude the director’s ability to request additional information or studies whenever new information is required, or when substantial changes are made to the proposed project. D. Incomplete Applications. 1. Whenever the applicant receives a determination from the city pursuant to ECDC 20.02.003(A)(2) that the development project permit application is incomplete, the applicant shall have 90 days to submit the necessary information. Within 14 days after an applicant has submitted the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection A of this section. 2. Whenever the applicant receives a notice that the contents of the application, which had been previously determined under ECDC 20.02.003(A)(1) to be complete, is insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the necessary information. If circumstances warrant, the applicant may apply in writing to the director requesting a one-time 90-day extension. The extension request must be received by the City prior to the end of the initial 90-day compliance period. 3. If the applicant does not submit the additional information requested within the 90-day period (or within the 90-day extension period, as applicable), for the development project permit, the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed. 4. When the director determines that an application has lapsed because the applicant has failed to submit required information within the necessary time period, the applicant may request a refund of the application fee remaining after the city’s determination of completeness. E. Director’s Failure to Provide Determination of Completeness. An development project permit application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete as provided in subsection A of this section. F Date of Acceptance of Application. Development project permit applications shall not be officially accepted until complete. When an application is found determined to be complete, the director shall note the date of acceptance for continued processing. Packet Page 251 of 602 Planning Board Public Hearing 7-28-10 12 G. After acceptance, the city shall begin processing the applications. Under no circumstances shall the city place any applications on “hold” to be processed at some later date, even if the request for the “hold” is made by the applicant, and regardless of the requested length of the “holding” period. This subsection does not apply to applications placed on “hold” upon determination by the city that the application requires additional information is required in order to make for a decision. 20.02.004 Notice of application. [moved to 20.03.002] A. Generally. A notice of application shall be provided to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with Chapter 20.03 ECDC. B. Issuance of Notice of Application. 1. Within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003, a notice of application shall be issued. 2. If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing. C. Contents. The notice of application shall include: 1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; 2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW; 3. A description of other required permits not included in the application, to the extent known by the city at that time; 4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights; 6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued; Packet Page 252 of 602 Planning Board Public Hearing 7-28-10 13 7. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application. D. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development services department by 4:00 PM on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be as specific as possible. E. SEPA Exempt Projects. A notice of application shall not be required for development project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required. 20.02.005 Referral and review of development project permit applications. Within 10 days of accepting an complete application, the director shall transmit a copy of the application, or appropriate parts of the application, to each affected government agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 days to comment on the application. The agency or city department is presumed to have no comments if comments are not received within the 15-day period. The director shall grant an extension of time only if the application involves unusual circumstances. Extensions shall be for a maximum of five working days. Packet Page 253 of 602 Planning Board Public Hearing 7-28-10 14 Chapter 20.03 PUBLIC NOTICE REQUIREMENTS Sections: 20.03.001 Responsibility for providing public notice. 20.03.002 Public notice Notice of application. 20.03.003 Optional public notice.[moved to end of chapter] 20.03.0043 Notice of public hearing. 20.03.004 State Environmental Policy Act (SEPA) notice. 20.03.005 Shoreline Management Plan (SMP) notice. 20.03.006 Optional public notice. 20.03.001 Responsibility for providing public notice. A. Except where an action is initiated by the city, the applicant for a development project permit application shall be responsible for all posting, publishing, mailing and other notification required by the director. 1. No later than 14 days after the required date of posting, publishing and/or mailing, the applicant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Service Certificate of Mailing containing the names and addresses of all parties provided public notice. 2. If the affidavit and U.S. Postal Service Certificate of Mailing is not filed as required, any scheduled hearing or date by which the public may comment on an application shall be postponed, if necessary, in order to allow compliance with the notice requirements of this and other applicable chapters. 3. If the applicant fails to file the affidavit and U.S. Postal Service Certificate of Mailing as herein required within 90 days of required date of posting, publishing and/or mailing, the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed. BA. The Development Services Director or his/her designee (hereinafter the “director”) is responsible for all public notice requirements. The appellant of a development project permit decision shall be responsible for all posting, publishing, mailing and other notification required by the director. Packet Page 254 of 602 Planning Board Public Hearing 7-28-10 15 1. No later than 14 days after the required date of posting, publishing and/or mailing, the appellant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Service Certificate of Mailing containing the names and addresses of all parties provided public notice. 2. When the responsibility of providing notice is on the appellant, failure to timely or properly file affidavit of notice and certificate of mailing may be grounds for the director to summarily dismiss the appeal. 20.03.002 Public nNotice of application. [moved from 20.02.004] A. Generally. A notice of application shall be provided to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with Chapter 20.03 ECDC. The Notice of application for these permits shall also be provided to the public by posting, publishing and mailing. B. Issuance of Notice of Application. 1. A notice of application shall be issued within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003. 2. If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 14 days prior to the open record hearing. C. Contents. The notice of application shall include the following information in a format determined by the director: 1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; 2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW; 3. A description of other required permits not included in the application, to the extent known by the city at that time; 4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of Packet Page 255 of 602 Planning Board Public Hearing 7-28-10 16 application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights; 6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued; 7. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application. Notice of application for Type II, Type III and Type IV development project permits shall be provided by posting, publishing and mailing. D. Mailed Notice. Notice of application shall be mailed to: 1. the owners of the property involved if different from applicant; and 2. the owners of real property within 300 feet of the boundaries of the property(ies) involved in the application. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The adjacent property owners list must be current to within six (6) months of the date of initial application. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail. E. Published Notice. Notice of application shall be published in the city’s official newspaper (The Everett Herald, as identified in ECDC 1.03). The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.002.C. AF. Posting. Posting of the property for site specific proposals shall consist of one or more notice boards as follows: 1. A single notice board shall be placed by the applicant: a. At the midpoint of the street fronting the site or as otherwise directed by the director for maximum visibility; b. Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street without approval of the director; c. So that the bottom of the notice board is between two and four feet above grade; and Packet Page 256 of 602 Planning Board Public Hearing 7-28-10 17 d. Where it is completely visible to pedestrians. e. The size of the notice board shall be determined by the director. 2. Additional notice boards may be required when: a. The site does not abut a public road; b. A large site abuts more than one public road; or c. The director determines that additional notice boards are necessary to provide adequate public notice. 3. Notice boards shall be: a. Maintained in good condition by the applicant during the notice period; b. In place at least 30 14 days prior to the date of any hearing, and at least 1415 days prior to the end of any required comment period; c. Removed within 15 30 days of the date of the project decision. If the project is appealled, the sign must be removed 30 after the appeal decision is issuedafter the end of the notice period. 4. Removal of the notice board prior to the end of the notice period shall be cause for discontinuance of the department review until the notice board is replaced and remains in place for the specified time period. 5. Notice boards shall be constructed and installed in accordance with specifications promulgated by the director. The format and content of the notice must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed. B. Published Notice. Notice of application shall be published in the city’s official newspaper (or if one has not been designated, in a newspaper of general circulation within the City). The format and content of the notice must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed. C. Mailed Notice. Notice of application shall be mailed to the following: (1) owner of the property involved if different from applicant; and (2) owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application. The format and content of the notice of Packet Page 257 of 602 Planning Board Public Hearing 7-28-10 18 application must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed. G. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development services department by 4:00 PM on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be as specific as possible. D. Shoreline Master Program (SMP) Permits. [separated out and moved to 20.03.005] 1. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods: a. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built; b. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or c. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public. 2. Content of SMP Notice. SMP notices shall include: a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection; b. A statement that any person may submit oral or written comments at the hearing; c. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance. Packet Page 258 of 602 Planning Board Public Hearing 7-28-10 19 3. Public Comment Period. The public comment period shall be 30 days. 4. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. 20.03.003 Optional public notice. The director, in his or her sole discretion, may: A. Notify the public or private groups with known interest in a proposal or type of proposal; B. Notify the news media; C. Place notices in appropriate regional or neighborhood newspapers or trade journals; D. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and E. Mail notice to additional neighboring property owners. 20.03.004003 Notice of public hearing. A. Applicants of Type III or Type V actions, and appellants of Type II actions shall provide notice of public hearing by mailing, posting and publishing. B. Content of Notice of Public Hearing for All Applications. The notice of a public hearing required by this chapter shall contain: 1. The name and address of the applicant and the applicant’s representative; 2 A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to a vicinity location or written description, a map or postal address, and a subdivision lot and block designation (complete legal description not required); 3. The date, time and place of the hearing; 4. The nature of the proposed use or development; 5. A statement that all interested persons may appear and provide testimony; 6. The sections of the code that are pertinent to the hearing procedure; 7. A statement explaining when information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted; Packet Page 259 of 602 Planning Board Public Hearing 7-28-10 20 8. The name of a city representative to contact and the telephone number where additional information may be obtained; 9. A statement that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and that copies will be provided at the requestor’s cost; and 10. A statement explaining that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies will be provided at the requestor’s cost. C. Mailed Notice. Mailed notice of the public hearing shall be provided as follows: 1. The notice of the public hearing shall be mailed to: a. The applicant; b. The owner of the subject property, if different from applicant; c. All owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application; and cd. Any person who submits a public comments on an application; 2. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed notice of public hearing for preliminary plats and proposed subdivisions shall also include the following: a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of any city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities; b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the boundaries of Snohomish County shall be given to the appropriate county officials; c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation; d. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.090(1)(b) shall be given to Packet Page 260 of 602 Planning Board Public Hearing 7-28-10 21 owners of real property located with 300 feet from any portion of the boundaries of the adjacent parcels owned by the owner of the real property to be subdivided. 3. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090. 4. General Procedure for Mailed Notice of Public Hearing. a. The records of the Snohomish County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. As required under ECDC 20.03.001, the applicant shall provide a sworn certificate of mailing to all persons entitled to notice under this Chapter. b. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail. D. Procedure for Posted or Published Notice of Public Hearing. 1. Posted notice of the public hearing shall comply with requirements set forth in ECDC 20.03.002.F(A). 2. Notice of public hearing shall be published in the city’s official newspaper (The Everett Herald, as identified in ECDC 1.03or if one has not been designated, in a newspaper of general circulation within the City). The format and content of the notice must be pre-approved by the director.The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.003.B. E. Time and Cost of Notice of Public Hearing. 1. Notice shall be mailed, posted and first published not less than 1410 or more than 30 days prior to the hearing date. Posted notices shall be removed by the applicant within 15 days following the public hearing. 2. All costs associated with the public notice shall be borne by the applicant of Type III and Type IV actions, or appellant of Type II actions. 20.03.004 State Environmental Policy Act (SEPA) notice. 1. Whenever possible, the city shall integrate the public notice required under this subsection with existing notice procedures for the City’s nonexempt permits(s) or approvals(s) required for the proposal. 2. Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the City shall give public notice as follows: Packet Page 261 of 602 Planning Board Public Hearing 7-28-10 22 a. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. b. If an environmental document is issued concurrently with the notice of application, the public notice requiremnts for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1). c. If no public notice is otherwise required for the permit or approval, the City shall give notice of the DNS or DS by: Posting the property, for site specific proposals; Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general circlulation within the City). d. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. 3. If a DNS is issued using the optional DNS process, the public notice requirments for a notice of application in RCW 36.70B.110(4) as supplemented by the requirments in WAC 197-11-355 will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1)(b). 4. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: a. Indicating the availability of the DEIS in any public notice required for a nonexempt license; Posting the property, for site specific proposals; c. Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and c. Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general cirulation within the City). 5. Public notice for projects that qualify as planned actions shall be tied to underlying permit as specificed in WAC 197-11-172(3). 6. The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. 20.03.005 Shoreline Master Program (SMP) Notice. Packet Page 262 of 602 Planning Board Public Hearing 7-28-10 23 1. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods: a. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built; b. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or c. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public. 2. Content of SMP Notice. SMP notices shall include: a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection; b. A statement that any person may submit oral or written comments at the hearing; c. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance. 3. Public Comment Period. The public comment period shall be 30 days. 4. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. 20.03.006 Optional public notice. The director, in his or her sole discretion, may: A. Notify the public or private groups with known interest in a proposal or type of proposal; B. Notify the news media; C. Place notices in appropriate regional or neighborhood newspapers or trade journals; D. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and Packet Page 263 of 602 Planning Board Public Hearing 7-28-10 24 E. Mail notice to additional neighboring property owners. Packet Page 264 of 602 Planning Board Public Hearing 7-28-10 25 Chapter 20.04 CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA Sections: 20.04.001 Determination of consistency. 20.04.002 Initial SEPA analysis. 20.04.003 Categorically exempt and planned actions. 20.04.001 Determination of consistency. A. Purpose. Consistency between a proposed development project permit application, applicable regulations and comprehensive plan shall be determined through the process described in this section. B. Consistency. During development project permit application review, the Development Services Director or his/her designee (hereinafter the “director”) the director shall determine whether the development regulations applicable to the proposed project, or in the absence of applicable development regulations, the city’s comprehensive plan, address the following: 1. The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied; 2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; 3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan; and 4. Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. C. Project Review. Project review by the director and appropriate city staff shall identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable significant adverse environmental impacts. During project review, neither the director nor any other city reviewing body may re-examine alternatives or hear appeals on decided matters which have already been found to be consistent with development regulations and/or the comprehensive plan, except for issues of code interpretation. 20.04.002 Initial SEPA analysis. Packet Page 265 of 602 Planning Board Public Hearing 7-28-10 26 A. In addition to the land use consistency review, the director shall review the development project permit application for consistency with the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city environmental policy ordinance, Chapter 20.15A ECDC, and shall: 1. Determine whether applicable regulations require studies to adequately analyze all of the proposed project’s specific probable adverse environmental impacts; 2. Determine whether applicable regulations require mitigation measures to adequately address identified environmental impacts; and 3. Provide prompt and coordinated review by other government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. B. In its the review of a development project permit application, the director shall determine whether the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the proposal. C. If the director bases or conditions his or her approval of the development project permit application on compliance with the requirements or mitigation measures described in subsection A of this section, the city shall not impose additional mitigation under SEPA during project review for the same adverse environmental impacts. D. A comprehensive plan, development regulation or other applicable local, state or federal law provides adequate analysis of, and mitigation for, the specific adverse environmental impacts of a proposal when: 1. The impacts have been avoided or otherwise mitigated; or 2. The city has designated in the plan, regulation or law that certain levels of service, land use designations, development standards or other land use conditions allowed by Chapter 36.70A RCW are acceptable. E. In deciding whether a specific adverse environmental impact has been addressed by an existing city plan or development regulation, or by the regulations or laws of another government agency, the director shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the director shall base or condition any project approval on compliance with these other regulations. F. Nothing in this section limits the authority of the director in reviewing or mitigating the impacts of a proposed project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW. Packet Page 266 of 602 Planning Board Public Hearing 7-28-10 27 G. The director shall also review the application under Chapter 20.15A ECDC, the city environmental policy ordinance; provided, that such review shall be coordinated with the underlying permit application review. 20.04.003 Categorically exempt and planned actions. A. Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA. B. Planned Actions. 1. A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA. 2. A “planned action” means one or more types of project action that: a. Are designated planned actions by an ordinance or resolution adopted by the city; b. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with: i. A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or ii. A fully contained community, a master planned resort, a master planned development or a phased project; c. Are subsequent or implementing projects for the proposals listed in paragraph (2)(b) of this subsection; d. Are located within an urban growth area, as defined in RCW 36.70A.030; e. Are not essential public facilities, as defined in RCW 36.70A.200; and f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW. C. Limitations on Planned Actions. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than Packet Page 267 of 602 Planning Board Public Hearing 7-28-10 28 the jurisdictional boundaries of the city, and may limit a planned action to a time period identified in the environmental impact statement or this title. D. During project review, the city shall not re-examine alternatives to or hear appeals on the items identified in ECDC 20.04.001(B), except for issues of code interpretation. [restatement of 20.04.001.C] E. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. [restatement of 20.04.001.C] Packet Page 268 of 602 Planning Board Public Hearing 7-28-10 29 Chapter 20.06 OPEN RECORD PUBLIC HEARINGS Sections: 20.06.001000 General. 20.06.001 Joint Public Hearings 20.06.002 Responsibility of director for hearing. 20.06.003 Conflict of interest. 20.06.004 Ex parte communications. 20.06.005 Disqualification. 20.06.006 Burden and nature of proof. 20.06.007 Order of proceedings. 20.06.008 Decision. 20.06.009 Notice of final decision - Miscellaneous. 20.06.010 Reconsideration of decision. 20.06.001000 General. A. An Oopen record public hearing, or simply public hearing, means is a hearing conducted by an single hearing authorized body or officer authorized to conduct such hearings that creates the city’s record through testimony and submission of evidence and information., under procedures prescribed in this Chapter. A public hearing may be held prior to the city’s decision on a development project permit application; to be known as this is an "open record predecision hearing." A public record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has beenwas held on for the development project permit; this is an "open record appeal hearing.". B. Open record predecision hearings on all Type III and IV development project permit applications and open record appeal hearings on all Type II decision appeals shall be conducted in accordance with this chapter. Public hearings conducted by the city hearing examiner shall also be subject to the hearing examiner’s rules. C. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. 20.06.001 Joint public hearings. [moved from 20.01.004] A. Decision to Hold Joint Hearing. The Development Services Director or his/her designee (hereinafter the “director”) may combine any public hearing on a project application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met. B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be Packet Page 269 of 602 Planning Board Public Hearing 7-28-10 30 held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when: 1. The other agency is not expressly prohibited by statute from doing so; 2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules; 3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing; or 4. The hearing is held within the geographic boundary of the city. 20.06.002 Responsibility of director for hearing. The director shall: A. Schedule project applications for review and public hearing; B. Verify compliance with notice requirements; C. Prepare the staff report on the application, which shall be a single report which sets forth all of the decisions made on the proposal as of the date of the report, including recommendations on development project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall also describe any mitigation required or proposed under the city’s development regulations or SEPA authority. If the threshold determination, other than a determination of significance, has not been issued previously by the city, the report shall include or append this determination. D. Prepare the notice of decision, if required by the hearing body, and mail a copy of the notice of decision to those entitled by this chapter to receive the decision. 20.06.003 Conflict of interest. The hearing body shall be subject to the code of ethics, prohibitions on conflict of interest and appearance of fairness doctrine as set forth in Chapter 42.23 RCW, and Chapter 42.36 RCW as the same now exists or may hereafter be amended. 20.06.004 Ex parte communications. Packet Page 270 of 602 Planning Board Public Hearing 7-28-10 31 A. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before him or her, other than to participate in communications regarding procedural aspects necessary for maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate. Nothing herein shall prevent the hearing body from seeking legal advice from its legal counsel on any issue. B. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in ECDC 20.06.004(C). C. If a member of the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record: 1. All written communications received; 2. All written responses to the communications; 3. The substance of all oral communications received, and all responses made; and 4. The identity of each person from whom the member received any ex parte communication. The hearing body shall advise all parties that these matters have been placed on the record. Upon request made after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record. 20.06.005 Disqualification. A. Any member who is disqualified shall make full disclosure to the audience of the reason(s) for the disqualification, abstain from voting on the proposal, and physically leave the hearing. B. If enough members of the hearing body are disqualified so that a quorum cannot be achieved, then all members present, after stating their reasons for disqualification, shall be requalified and deliberations shall proceed. 20.06.006 Burden and nature of proof. A. Except for Type V actions, appeal of Type II actions and closed record appeals, the burden of proof is on the proponent. The development project permit application must be supported by convincing proof that it conforms to the applicable elements of the city’s development regulations and comprehensive plan (review criteria). Packet Page 271 of 602 Planning Board Public Hearing 7-28-10 32 The proponent must also prove that any significant adverse environmental impacts have been adequately mitigated. B. In an appeal of Type II actions or closed record appeal, the appellant has the burden of proof with respect to points raised on appeal. C. In a closed record appeal of the Architectural Design Board, its decision shall be given substantial deference regarding decision review within its expertise and contained in its decisions. 20.06.007 Order of proceedings. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate. A. Before receiving testimony and other evidence on the issue, the following shall be determined: 1. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body may proceed or terminate the proceeding; 2. Any member disqualifications shall be determined. B. The presiding officer may take official notice of commonly known and accepted information, such as: 1. Ordinances, resolutions, rules, officially adopted development standards, and state law; 2. Public records and facts judicially noticeable by law. C. Information officially noticed need not be proved by submission of formal evidence to be considered by the hearing body. Parties requesting official notice of any information shall do so on the record. The hearing body, however, may take notice of matters listed in subsection B of this section at any time. Any information given official notice may be rebutted. D. The hearing body may view the proposed project site or planning area with or without notification to the parties, but shall put into the record a statement setting forth the time, manner and circumstances of the site visit. E. Information shall be received from the staff and from proponents and opponents. The presiding officer may, in his or her discretion, permit persons attending the hearing to ask questions. Unless the presiding officer specifies otherwise, approved questions will be asked of persons submitting testimony by the presiding officer. Packet Page 272 of 602 Planning Board Public Hearing 7-28-10 33 F. When the presiding officer has closed the public hearing portion of the hearing, the hearing body may openly discuss the issue and may further question the staff or any person submitting information. An opportunity to present rebuttal shall be provided if new information is presented in the questioning. When all evidence has been presented and all questioning and rebuttal completed, the presiding officer shall officially close the record and end the hearing. 20.06.008 Decision. A. Following the hearing procedure described in ECDC 20.06.007, the hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse or, with the written consent of the applicant, which shall include a waiver of the statutory prohibition against two open record hearings, remand the decision for additional information. B. The hearing body’s written decision shall be issued within 10 working days after the close of record of the hearing and within 90 days of the opening of the hearing, unless a longer period is agreed to by the parties. C. The city shall provide a notice of decision as provided in ECDC 20.06.009. D. If the city is unable to issue its final decision on an development project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. 20.06.009 Notice of final decision - Miscellaneous. A. The director shall issue a notice of final decision within 120 days of the issuance of the determination of completeness pursuant to ECDC 20.02.003; provided, that the time period for issuance of a notice of final decision on a preliminary plat shall be 90 days, for a final plat 30 days, and a final short plat 30 days. The notice shall include the SEPA threshold determination for the proposal and a description of any available administrative appeals. For Type II, III and IV development project permits, the notice shall contain the requirements set forth in ECDC 20.06.002(C) and explain that affected property owners may request a change in property tax valuation notwithstanding any program of revaluation. 1. The notice of final decision shall be mailed or otherwise delivered to the applicant, to any person who submitted comments on the application or requested a copy of the decision, and to the Snohomish County assessor. 2. Notice of the decision shall be provided to the public by any means deemed reasonable by the director. Packet Page 273 of 602 Planning Board Public Hearing 7-28-10 34 B. In calculating the 120-day period for issuance of the notice of final decision, or other decision period specified in 20.06.009(A) ECDC, the following periods shall be excluded: 1. Any period during which the applicant has been requested by the director to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the director notifies the applicant of the need for additional information until the earlier of the dates the director determines that the additional information provided satisfies the request for information, or 14 days after the date the additional information is provided to the city; 2. If the director determines that the information submitted is insufficient, the applicant shall be informed of the particular insufficienciesdeficiencies and the procedures set forth in subsection (B)(1) of this section for calculating the exclusion period shall apply; 3. Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and Chapter 20.15A ECDC. The time period for preparation of an EIS shall be governed by Chapter 20.15A ECDC; 4. Any period for consideration and issuance of a decision for administrative appeals of development project permits, which shall be not more than 90 days for open record appeals and 60 days for closed record appeals, unless a longer period is agreed to by the director and the applicant; 5. Any extension of time mutually agreed to by the director and the applicant in writing. C. The time limits established in this title do not apply if a development project permit application: 1. Requires an amendment to the comprehensive plan or a development regulation; 2. Requires siting approval of an essential public facility as provided in RCW 36.70A.200; or 3. Is substantially revised by the applicant, in which case the time period shall start from the date that a determination of completeness for the revised application is issued by the director pursuant to ECDC 20.02.003 and RCW 36.70B.070. 20.06.010 Reconsideration of decision. A. General. Any person identified in ECDC 20.07.003 as having standing to file an administrative appeal may request reconsideration of a decision of the hearing examiner which issues immediately after the open record public hearing on a development project permit application described in this chapter. (There shall be no Packet Page 274 of 602 Planning Board Public Hearing 7-28-10 35 reconsideration of a decision of the director (staff), ADB or city council.) Reconsideration is not a condition precedent to any appeal. Reconsideration shall be limited to: 1. error(s) of procedure; 2. error(s) of law or fact; 3. error(s) of judgment; and/or 4. the discovery of new evidence that was not known and could not in the exercise of reasonable diligence, been discovered. B. Time to File. A request for reconsideration, including reconsideration fee, must be filed with the city planning director within 10 calendar days of the hearing examiner’s written decision. Such requests shall be delivered to the director before 4:30 p.m. on the last business day of the reconsideration period. Requests for reconsideration that are received by mail after 4:30 p.m. on the last day of this reconsideration period will not be accepted, no matter when such requests were sent, mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing a request for reconsideration, the day the hearing examiner’s decision is issued shall not be counted. If the last day of the reconsideration is a Saturday, Sunday, or holiday designated by RCW 1.16.050, or by a city ordinance, then the reconsideration may be filed on the next business day. D. Content of Request for Reconsideration. Requests for reconsideration shall be in writing, be accompanied by the required reconsideration fee (which shall be the same as the administrative appeal fee), and contain the following information: 1. The name, address and phone number of the requestor; 2. Identification of the application and final decision which is the subject of the request for reconsideration; 3. Requestor’s statement of grounds for reconsideration and the facts upon which the request is based; 4. The specific relief requested; 5. A statement that the requestor believes the contents of the request to be true, followed by his/her signature. 6. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided. Packet Page 275 of 602 Planning Board Public Hearing 7-28-10 36 E. Effect. The timely filing of a request for reconsideration shall stay the hearing examiner’s decision until such time as the hearing examiner issues a decision on reconsideration. F. Notice of Request for Reconsideration. The requestor director shall provide mailed notice that a request for reconsideration has been filed to all parties of record as defined in ECDC 20.07.003. G. Hearing Examiner’s Action on Request. The hearing examiner shall consider the request for reconsideration without a hearing, but may solicit written arguments from parties of record. A decision on the request for reconsideration shall be issued within 10 business days after receipt of the request for reconsideration by the city. 1. The time period for appeal shall recommence and be the same for all parties of record, regardless of whether a party filed a motion for reconsideration. 2. Only one request for reconsideration may be made by a party of record. Any ground not stated in the initial motion is waived. 3. A decision on reconsideration or a matter that is remanded to the hearing examiner by the City Council is not subject to a motion for reconsideration. H. Limitations on Hearing Examiner’s Reconsideration. The hearing examiner shall consider the request for reconsideration based on the administrative record compiled on the application up to and including the date of the hearing examiner’s decision. The hearing examiner may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record and the hearing examiner’s decision. The reconsideration decision issued by the hearing examiner may modify, affirm or reverse the hearing examiner’s decision. I. Notice of Final Decision on Reconsideration. The director shall issue a notice of final decision on reconsideration in the manner set forth and to the persons identified in ECDC 20.06.009. J. Further Appeals. If no administrative appeal is allowed of the hearing examiner’s decision, and a request for reconsideration was timely filed, then any judicial appeal must be filed within 21 days after issuance of the decision on reconsideration, as provided in Chapter 36.70C RCW. Packet Page 276 of 602 Planning Board Public Hearing 7-28-10 37 Chapter 20.07 CLOSED RECORD APPEALS Sections: 20.07.001 Appeals of decisions. 20.07.002 Consolidated appeals. 20.07.003 Standing to initiate an administrative appeal. 20.07.004 Appeals of recommendations and decisions. 20.07.005 Procedure for closed record decision/appeal. 20.07.006 Judicial appeals. 20.07.007 Resubmission of application. 20.07.001 Appeals of decisions. A. "Closed record appeal" means an administrative appeal on the record to the city council, following an open record public hearing on a development project permit application when the appeal is on the record with no new evidence or information allowed to be submitted, except as provided in ECDC 20.07.005(B), and only appeal argument allowed. B. The right of appeal for all development project permit applications and Type V land use decisions shall be as described in the matrix set forth in ECDC 20.01.003. 20.07.002 Consolidated appeals. All appeals of development project permit application decisions, other than appeals of determinations of significance (“DS”), and exempt permits and approvals under ECDC 20.01.007, shall be considered together in a consolidated appeal using the appeal procedure for the highest type permit application. 20.07.003 Standing to initiate an administrative appeal. A. Limited to Parties of Record. Only parties of record may file an administrative appeal. B. Definition. The term “parties of record,” for the purposes of this chapter, shall mean: 1. The applicant; 2. Any person who testified at the open record public hearing on the application; Packet Page 277 of 602 Planning Board Public Hearing 7-28-10 38 3. Any person who individually submits written comments concerning the application at the open record public hearing (or to staff if an appeal of a Type II decision). Persons who have only signed petitions are not parties of record; and/or 4. The city of Edmonds. 20.07.004 Appeals of recommendations and decisions. Permit Decisions or Recommendations. Appeals of a hearing body’s recommendation or decision on a development project permit application shall be governed by the following: A. Standing. Only parties of record have standing to appeal the hearing body’s decision. B. Time to File. An appeal must be filed within 14 days after the issuance of the hearing body’s written decision. The appeal period shall be extended for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision. Appeals, including fees, must be received by the city’s development services department by mail or by personal delivery at or before 4:30 PM on the last business day of the appeal period. Appeals received by mail after 4:30 PM on the last day of the appeal period will not be accepted, no matter when such appeals were mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is issued shall not be counted. If the last day of the appeal is a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action, then the appeal may be filed on the next day that is not a Saturday, Sunday, holiday or closed day. D. Content of Appeal. Appeals shall be in writing, be accompanied by the required appeal fee as set forth in the city’s adopted fee resolution, and contain the following information: 1. Appellant’s name, address and phone number; 2. A statement describing appellant’s standing to appeal; 3. Identification of the application which is the subject of the appeal; 4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based with specific references to the facts in the record; 5. The specific relief sought; Packet Page 278 of 602 Planning Board Public Hearing 7-28-10 39 6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. 7. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided. E. Effect. The timely filing of an appeal shall stay the hearing body’s decision until such time as the appeal is concluded or withdrawn. F. Notice of Appeal. The Development Services Director (hereinafter the “director”) The appellant shall provide mailed notice of the appeal to all parties of record as defined in ECDC 20.07.003. 20.07.005 Procedure for closed record decision/appeal. A. Closed record appeals shall be based on the record established at the open record hearing before the hearing body/officer whose decision is appealed, which shall include the written decision of the hearing body/officer, copies of any exhibits admitted into the record, and official transcript, minutes or tape recording of the proceedings. 1. At his/her own expense, a party to the appeal may have the official tape recording of the open record hearing transcribed; however, to be admitted into the record, the transcription must be performed and certified by a transcriber that is pre-approved by the City. In addition, the certified transcription must be received by the City directly from the transcriber at least 16 working days before the date scheduled for the closed record review. It shall be each party of record’s responsibility to obtain a copy of the transcription from the City. 2. The director shall maintain a list of pre-approved transcribers that are court approved; and if needed, shall coordinate with parties to the appeal so that no more than one official transcription is admitted into the record. B. No new testimony or other evidence will be accepted by the city council except: (1) new information required to rebut the substance of any written or oral ex parte communication provided during an appearance of fairness disclosure; and (2) relevant information that, in the opinion of the city council, was improperly excluded by the hearing body/officer. 1. Appellants who believe that information was improperly excluded must specifically request in writing within 5 working days of the appeal deadline that the information be made part of the record. The request shall be addressed to the city council president, describing the information excluded, its relevance to the issues appealed, the reason(s) that the information was excluded by the hearing body/officer, and the reason why the hearing body/officer erred in excluding the information. Packet Page 279 of 602 Planning Board Public Hearing 7-28-10 40 2. In determining whether the information should be admitted, the city council president may request other parties of record to submit written arguments rebutting the above. Non response by the city council president within 5 working days of the initial request that the information be made part of the record shall constitute a rejection of the same. C. Parties to the appeal may present written arguments to the city council. Arguments shall describe the particular errors committed by the decision maker below, with specific references to the administrative record. The appellant shall bear the burden to demonstrate that the decision below is clearly erroneous given the record. D. While not required, Aappellant may submit his or her written arguments 12 working days before the date scheduled for the closed record review. Parties of record, except for the appellant, may respond in writing to appellant’s arguments no later than 7 working days before the closed record review. Appellant may rebut in writing to responses submitted by parties of record no later than 4 working days before the closed record review. If the applicant is not the appellant, applicant may submit a final surrebuttal in writing to appellant’s rebuttal no later than 2 working days before the closed record review. E. Written arguments, responses, rebuttal and surrebuttals must be received by the city’s development services department by mail or personal delivery at or before 4:30 PM of the date due. Late submittals shall not be accepted. Submittals received by mail after 4:30 PM on the last day of the appeal period will not be accepted, no matter when such submittals were mailed or postmarked. It shall be the responsibility of the parties involved to obtain for their own use from the city copies of written arguments, responses, rebuttals and surrebuttals submitted. F. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided, double spaced and without exceeding twelve pages in length, including exhibits, if any. Exhibits that are not already in the record shall not be allowed. G. The review shall commence with the resolution of appearance of fairness issues, if any, followed by a presentation by the director, or the director’s designee, of the general background of the proposed development and the issues in dispute. After the director’s presentation, the city council may ask clarifying questions on disputed issues to parties of record, with an opportunity for the director (or designee), appellant and/or applicant, respectively, to rebut to the response. The city council shall not request information outside the administrative record. H. The city council shall determine whether the decision below by the hearing body/officer is clearly erroneous given the evidence in the record. The city council shall affirm, modify or reverse the decision of the hearing body/officer accordingly. Upon written agreement by the applicant to waive the requirement for a Packet Page 280 of 602 Planning Board Public Hearing 7-28-10 41 decision within the time periods set forth in RCW 36.70B.080, as allowed by RCW 36.70B.080(3), the city council may remand the decision with instructions to the hearing body for additional information. I. Notice of Final Decision on Closed Record Appeal. The director shall issue a notice of final decision on closed record appeal in the manner set forth and to the persons identified in ECDC 20.06.009. 20.07.006 Judicial appeals. The city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Snohomish County superior court. Such petition must be filed within 21 days after issuance of the decision, as provided in Chapter 36.70C RCW. 20.07.007 Resubmission of application. Any permit application or other request for approval submitted pursuant to this chapter that is denied shall not be resubmitted or accepted by the director for reconsideration review for a period of 12 months from the date of the last action by the city on the application or request unless, in the opinion of the director, there has been a significant change in the application or a significant change in conditions related to the impacts of the proposed project. Packet Page 281 of 602 Planning Board Public Hearing 7-28-10 42 Chapter 20.08 DEVELOPMENT AGREEMENTS Sections: 20.08.010 Authority and general provisions. 20.08.020 General provisions of development agreements. 20.08.030 Enforceability. 20.08.040 Approval procedure for development agreements. 20.08.050 Form of agreement, council approval, recordation. 20.08.060 Judicial appeal. 20.08.010 Authority and general provisions. A. The city may consider, and enter into, a development agreement with a person having ownership or control of real property within the city limits. The city may also enter consider a development agreement for real property outside of the city limit but within the urban growth area (UGA) as part of a proposed annexation or a service agreement. B. A development agreement shall be consistent with the applicable policies and goals of the city of Edmonds comprehensive plan and applicable development regulations. 20.08.020 General provisions of development agreements. A. A development agreement shall be consistent with the applicable policies and goals of the city of Edmonds comprehensive plan and applicable development regulations. As applicable, the development agreement shall specify the following: 1. Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities or building sizes; 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications; 3. Mitigation measures, development conditions and other requirements of Chapter 43.21C RCW; 4, Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features; 5. Provisions for affordable housing, if applicable; 6. Parks and common open space preservation; Packet Page 282 of 602 Planning Board Public Hearing 7-28-10 43 7. Phasing; 8. A build-out or vesting period for applicable standards; and 9. Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard. B. As provided in RCW 36.70B.170, the development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 20.08.030 Enforceability. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement. The agreement may not be subject to an amendment to a zoning ordinance or development standard or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. The permit approval issued by the city after the execution of the agreement must be consistent with the development agreement. 20.08.040 Approval procedure for development agreements. A development agreement is a Type V development project permit application and shall be processed in accordance with the procedures established in this title. A development agreement shall be approved by the Edmonds city council after a public hearing. 20.08.050 Form of agreement, council approval, recordation. A. Form. All development agreements shall be in a form provided by the city attorney’s office. The city attorney shall approve all development agreements for form prior to consideration by the Planning Board. B. Term. Development agreements may be approved for a maximum period of five years. C. Recordation. A development agreement shall be recorded against the real property records of the Snohomish County assessor’s office. During the term of the development agreement, the agreement is binding on the parties and their successors, including any area that is annexed to the city. 20.08.060 Judicial appeal. Packet Page 283 of 602 Planning Board Public Hearing 7-28-10 44 If the development agreement relates to a project permit application, the provision of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. Packet Page 284 of 602 AI-3110 Item #: 6. c. Planning Board Agenda Date: 06/09/2010 Public hearing on proposed Title 20 updates Staff Lead/Author:Michael Clugston Department:Planning Initiated By:City Staff Information Subject/Purpose Public hearing on proposed updates to land use procedures (Chapters 20.01 through 20.08, excluding 20.05) which include: staff reassuming the public notice requirements for project applications; reorganizing and clarifying portions of text; and updating the permit type matrix in ECDC 20.01.003.A. Staff Recommendation Recommend to City Council for a public hearing. Previous Board Action The Planning Board discussed the proposed Title 20 updates at their April 14 and April 28 meetings. Narrative Since Title 20 was adopted by Council in June 2009, staff has identified several areas that needed further refinement. These include: staff reassuming the public notice requirements for project applications; reorganizing and clarifying portions of text; and updating the permit type matrix in ECDC 20.01.003.A. The proposed changes are contained in Attachment 1. The Board had also asked for additional context regarding appeal activity. Attachment 2 is a summary analysis of appeal activity from 1998-2003. Of note, the rate of those appeals going to Council was similar for the period of 1998-2003 period (18% or 13 appeals to Council / 72 total appeals) as for the period of 2005-present (20% or 6 appeals to Council / 29 total appeals). Attachments 3-6 are the agenda memos and minutes of the April 14 and April 28 meetings. Attachments Attachment 1 - proposed Title 20 text Attachment 2 - Appeals 1995-2003 Attachment 3 - 4/28/10 PB minutes excerpt Attachment 4 - 4/28/10 PB packet Attachment 5 - 4/14/10 PB minutes excerpt Attachment 6 - 4/14/10 PB packet Page 1 of 1Print Agenda Item 8/9/2010http://edmonds-agenda/frs/publish/print_ag_memo.cfm?seq=3110&rev=0&mode=External... Packet Page 285 of 602 Planning Board Public Hearing 6-9-10 1 EXHIBIT A Chapter 20.01 TYPES OF DEVELOPMENT PROJECT PERMITS APPLICATIONS Sections: 20.01.000 Purpose and general provisions [new] 20.01.001 Procedures for processing development project permits.Types of Actions 20.01.002 Determination of proper procedure type. 20.01.003 Development project permit application Permit type and decision framework. 20.01.004 Joint public hearings. [move to 20.06.001] 20.01.005 Decisions. [incorporated with 20.01.001] 20.01.006 Legislative enactments not restricted. 20.01.007 Exemptions from development project permit application processingExempt projects. 20.01.000 Purpose and general provisions A. The purpose of this chapter is to establish standard procedures, decision criteria, public notification, and timing for development project permit application decisions made by the City of Edmonds. These procedures are intended to: • Promote timely and informed public participation; • Eliminate redundancy in the application, permit review, and appeals processes; • Process permits equitably and expediently; • Balance the needs of permit applicants with neighbors; • Ensure that decisions are made consistently and predictably; and • Result in development that furthers City goals as set forth in the Comprehensive Plan. These procedures provide for an integrated and consolidated land use permit process. The procedures integrate the environmental review process with land use procedures, decisions, and consolidated appeal processes. B. The provisions of this chapter supersede all other procedural requirements that may exist in other sections of the City Code. When interpreting and applying the standards of this Code, its provisions shall be the minimum requirements. Where conflicts occur between provisions of this Code and/or between the Code and other City regulations, the more restrictive provisions shall apply. Where conflict between the text of this Code and the zoning map ensue, the text of this Code shall prevail. C. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or Attachment 1 Packet Page 286 of 602 Planning Board Public Hearing 6-9-10 2 legislative action the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. 20.01.001 Procedures for processing development project permits. A. For the purpose of development project permit processing, all development project permit applications shall be classified as one of the following as addressed and referenced in ECDC 20.01.003: Type I, Type II, Type III or Type IV. Legislative decisions are Type V actions, and are addressed in ECDC 20.01.005. Exclusions from the requirements of development project permit application processing are contained in ECDC 20.01.003(B). [incorporated and expanded in 20.01.000] B. Unless otherwise specified, all references to days shall be calendar days. Whenever the last day of a deadline falls on a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action the deadline shall run until the next day that is not a Saturday, Sunday, or holiday or closed day. [incorporated in 20.01.000] 20.01.001 Types of Actions There are five main types of actions (or permits) that are reviewed under the provisions of this chapter. The types of actions are based on who makes the decision, the amount of discretion exercised by the decision making body, the level of impact associated with the decision, the amount and type of public input sought, and the type of appeal opportunity. A. Administrative Decisions. Type I and II decisions are administrative decisions made by the Development Services Director or his/her designee (hereinafter the “director”). Type I permits are ministerial decisions are based on compliance with specific, nondiscretionary and/or technical standards that are clearly enumerated. Type II permits are administrative decisions where the Director makes a decision based on standards and clearly identified criteria, but where public notice is required. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. B. Quasi-judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial decisions that involve the use of discretionary judgement in the review of each specific application. Quasi-judicial decisions are made by the Hearing Examiner, the Architectural Design Board, and/or the city council. C. Legislative Decision. Type V actions are legislative decisions made by the city council under its authority to establish policies and regulations regarding future private and public developments, and management of public lands. 1. Planning Board. The Planning Board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city Packet Page 287 of 602 Planning Board Public Hearing 6-9-10 3 council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the Planning Board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the Planning Board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in ECDC 20.03.004. 4. Implementation. City council decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. 20.01.002 Determination of proper procedure type. A. Determination by Director. The Development Services Director or his/her designee (hereinafter the “director”) director shall determine the proper procedure for all development project applications. Questions concerning the appropriate procedure shall be resolved in favor of the higher numbered procedure. B. Optional Consolidated Permit Processing. An application that involves two or more procedures may be processed collectively under the highest numbered procedure required for any part of the application or may be processed individually under each of the application procedures identified in ECDC 20.01.003. The applicant may determine whether the application will be processed collectively or individually. If the applications are processed individually, the highest numbered type procedure shall be undertaken first, followed by the other procedures in sequence from the highest numbered to the lowest. C. Decisionmaker(s). Applications processed in accordance with subsection B of this section which have the same procedure number, but are assigned to different hearing bodies, shall be heard collectively by the highest decisionmaker; the city council being the highest body, followed by the hearing examiner or Planning Board, as applicable, and then the director. Joint public hearings with other agencies shall be processed according to ECDC 20.01.004. Concurrent public hearings held with the design review board and any other decisionmaker shall proceed with both decisionmakers present. 20.01.003 Development project permit application frameworkPermit Type and Decision Framework. A. DecisionsPermit Types. Packet Page 288 of 602 Planning Board Public Hearing 6-9-10 4 TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A TYPE IV-B TYPE V Statement of zoning restrictionZoning Compliance Letter Modification to landscape plans Plat vacations and alterations Essential Public Facilities Final formal plats Site specific / contract rezone Development agreements Boundary line adjustments, lLot Line Adjustment, lot combination Formal interpretation of the text of the ECDC by the Director or designated staff Technological impracticality waiver for amateur radio antennas Architectural Design review (where public hearing by Architectural Design Board is required) Final Planned Residential Development Zoning text amendments; area-wide zoning map amendments Permitted uses not requiring site plan review Home occupation permit Site plan/major amendments to site plans Shoreline substantial development, shoreline conditional use, shoreline variance Comprehensive plan amendments Special use permits Accessory Dwelling Unit Outdoor Dining Conditional use permits (where public hearing by Hearing Examiner is required) Annexations Minor Amendments to Planned Residential Development SEPA determinations General Variances and sign permit variances Development regulations Minor Preliminary Plat Amendment Revisions to shoreline management permits Draft environmental impact statement Master Plan Staff design review, including signs Administrative variances Preliminary formal plat Sign permits Preliminary Short short plat Preliminary Planned Residential Packet Page 289 of 602 Planning Board Public Hearing 6-9-10 5 Development Sales Office/Model (17.70.005) Land clearing/ Grading Home Occupation Permit (where public hearing by Hearing Examiner is required) Shoreline Exemptions Land Use Permit Extension Requests Final Short Plat Guest House Critical Area Determinations B. The following permits or approvals are specifically excluded from the procedures set forth in this Title: landmark designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under Title 18. [moved to 20.01.007] CB. Action TypeDecision Table. PROCEDURE FOR DEVELOPMENT PROJECT PERMIT APPLICATIONS (TYPE I – IV) LEGISLATIVE TYPE I TYPE II TYPE III-A TYPE III-B TYPE IV-A TYPE IV-B TYPE V Recommendation by: N/A N/A N/A N/A N/A Planning Board Planning Board Final decision by: Director Director Hearing examiner Hearing examiner / ADB City council City council City council Notice of application: No Yes Yes Yes Yes Yes No Open record public hearing or open record appeal of a final decision: No Only if appealed, open record hearing before hearing examiner Yes, before hearing examiner to render final decision Yes, before hearing examiner or board to render final decision No Yes, before Planning Board which makes recommendation to council Yes, before Planning Board which makes recommendation to council Closed record No No No Yes, No Yes, Yes, or council Packet Page 290 of 602 Planning Board Public Hearing 6-9-10 6 review: before the council before the council could hold its own hearing Judicial appeal: Yes Yes Yes Yes Yes Yes Yes 20.01.004 Joint public hearings. [moved section to 20.06.001 – Open Record Public Hearings] A. Administrator’s Decision to Hold Joint Hearing. The director may combine any public hearing on a development project permit application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met. B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be held within the time periods set forth in this title. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when: 1. The other agency is not expressly prohibited by statute from doing so; 2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules; 3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing; or 4. The hearing is held within the geographic boundary of the city. 20.01.005 Decisions. [moved section to 20.01.001] A. Administrative Decisions. Type I and II decisions are administrative. Administrative decisions are made by the Director. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. B. Quasi-judicial Decisions. Type III, Type IV and appeal of Type II decisions are quasi-judicial. Quasi-judicial decisions are made by the Hearing Examiner and/or the city council. C. Legislative Decision. Type V decisions are legislative. Legislative decisions are made by the city council. Packet Page 291 of 602 Planning Board Public Hearing 6-9-10 7 1. Planning Board. The Planning Board shall hold a public hearing and make recommendations to the city council on Type V actions, except that the city council may hold a public hearing itself on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map. The public hearing shall be held in accordance with the requirements of Chapter 20.06 ECDC, RCW 36.70A.035 and all other applicable law. 2. City Council. The city council may consider the Planning Board’s recommendation in a public hearing held in accordance with the requirements of Chapter 20.06 ECDC and RCW 36.70A.035 and all other applicable law. If the city council desires to hold a public hearing on area-wide rezones to implement city policies, or amendments to zoning code text, development regulations or the zoning map, it may do so without forwarding the proposed decision to the Planning Board for a hearing. 3. Public Notice. Notice of the public hearing or public meeting shall be provided to the public as set forth in ECDC 20.03.004. 4. Implementation. City council decision shall be by ordinance or resolution and shall become effective on the effective date of the ordinance or resolution. 20.01.006 Legislative enactments not restricted. Nothing in this chapter or the permit processing procedures shall limit the authority of the city council to make changes to the city’s comprehensive plan, or the city’s development regulations as part of the annual revision process. 20.01.007 Exemptions from development project permit application processingExempt projects. A. Whenever a permit or approval in the Edmonds Community Development Code has been designated as a Type I, II, III or IV permit, the procedures in this title shall be followed in development project permit processing, except as provided in ECDC 20.01.003(B)The following projects are specifically excluded from the procedures set forth in this Chapter: landmark designations, building permits, street vacations, street use permits, encroachment permits, and other public works permits issued under Title 18. B. Pursuant RCW 36.70B.140(2), lot line or boundary adjustments, building and/or other construction permits, or similar administrative approvals categorically exempt from environmental review under SEPA (Chapter 43.21C RCW and the city’s SEPA/environmental policy ordinance, Chapter 20.15A ECDC), or permits/approvals for which environmental review has been completed in connection with other development project permits, are excluded from the requirements of RCW 36.70B.060 and 36.70B.110 through 36.70B.130, which includes the following procedures: 1. Notice of application (ECDC 20.02.004) unless an open record hearing is allowed on the development project permit decision; Packet Page 292 of 602 Planning Board Public Hearing 6-9-10 8 2. Except as provided in RCW 36.70B.140, optional consolidated development project permit review processing (ECDC 20.01.002(B)); 3. Joint public hearings (ECDC 20.01.00420.06.001); 4. Single report stating all of the decisions and recommendations made as of the date of the report that do not require an open public record hearing (ECDC 20.06.002(C)); and 5. Notice of decision (ECDC 20.06.009). Packet Page 293 of 602 Planning Board Public Hearing 6-9-10 9 Chapter 20.02 TYPE I – IV DEVELOPMENT PROJECT PERMIT APPLICATIONS Sections: 20.02.001 Optional preapplication conference. 20.02.002 Development project permit Permit application requirements. 20.02.003 Submission and acceptance of application. 20.02.004 Notice of application. [moved to 20.03.002] 20.02.005 Referral and review of development project permit applications. 20.02.001 Optional preapplication conference. A. Prior to filing applications for development project permit Type III actions requiring a preliminary plat or site plan review and Type III and IV actions, the applicants are encouraged to participate in may request a preapplication conference. The purpose of the preapplication conference is to merely acquaint the applicant with the requirements of the Edmonds Community Development Code.Preapplication meetings with staff provide an opportunity to discuss the proposal in general terms, identify the applicable City requirements and the project review process including the permits required by the action, timing of the permits and the approval process. Applicant shall be responsible for verifying the accuracy of information provided by the city at the conference. Plans presented at the preapplication meeting are nonbinding and do not “vest” an application. B. The conference shall be held within 28 days of the request, upon payment of applicable fee(s) as set forth in the city’s adopted fee resolution. C. The Development Services Director or his/her designee (hereinafter the “director”)The director shall provide the applicant with the following during the conference: 1 A form which lists the requirements for a completed application; 2. A general summary of the procedures to be used to process the application; 3. The references to the relevant code provisions or development standards which may apply to approval of the application; and 4. The city’s design guidelines. D. Neither the discussions at the conference nor the information on the form provided by the director to the applicant under ECDC 20.02.001(C) shall bind the city in any manner or prevent the city’s future application or enforcement of all applicable codes, ordinances and regulations. Packet Page 294 of 602 Planning Board Public Hearing 6-9-10 10 E. Requests for preapplication conferences for all other types of applications will be considered on a time-available basis by the director. 20.02.002 Development project permit Permit application requirements. Applications for development project permits shall be submitted on forms provided by the director. An application shall consist of all materials required by the applicable development regulations, and shall include the following general information as applicable:: A. A completed development project permit land use application form; B. A verified statement by the applicant that the property affected by the application is in the exclusive ownership of the applicant, or that the applicant has submitted the application with the consent of all owners of the affected property; C. A property and/or legal description of the site for all applications, as required by the applicable development regulations; D. The applicable fee; and E. Statement Cover letter describing how the proposal satisfies theaddressing all applicable standards, requirements and criteria in the development regulations. 20.02.003 Submission and acceptance of application. A. Determination of Completeness. Within 28 days after receiving an development project permit application, the city director shall mail or personally deliver to the applicant a determination which states that either: 1. That tThe application is complete; or 2. That tThe application is incomplete and what is necessary to make the application complete. B. Identification of Other Agencies with Jurisdiction. To the extent known by the city, other agencies with jurisdiction over the project shall be identified in the determination of completeness. C. Additional Information. An development project permit application is complete for the purposes of this section when it meets the submission requirements of ECDC 20.02.002 and the submission requirements of the applicable development regulations. The determination of completeness shall be made when the application is sufficiently complete for review, even though additional information may be required or project modifications may be undertaken subsequently. The director’s determination of Packet Page 295 of 602 Planning Board Public Hearing 6-9-10 11 completeness shall not preclude the director’s ability to request additional information or studies whenever new information is required, or when substantial changes are made to the proposed project. D. Incomplete Applications. 1. Whenever the applicant receives a determination from the city pursuant to ECDC 20.02.003(A)(2) that the development project permit application is incomplete, the applicant shall have 90 days to submit the necessary information. Within 14 days after an applicant has submitted the requested additional information, the director shall make a determination of completeness and notify the applicant in the manner provided in subsection A of this section. 2. Whenever the applicant receives a notice that the contents of the application, which had been previously determined under ECDC 20.02.003(A)(1) to be complete, is insufficient, ambiguous, undecipherable, or otherwise unresponsive of the information being sought, the applicant shall have 90 days to submit the necessary information. If circumstances warrant, the applicant may apply in writing to the director requesting a one-time 90-day extension. The extension request must be received by the City prior to the end of the initial 90-day compliance period. 3. If the applicant does not submit the additional information requested within the 90-day period (or within the 90-day extension period, as applicable), for the development project permit, the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed. 4. When the director determines that an application has lapsed because the applicant has failed to submit required information within the necessary time period, the applicant may request a refund of the application fee remaining after the city’s determination of completeness. E. Director’s Failure to Provide Determination of Completeness. An development project permit application shall be deemed complete under this section if the director does not provide a written determination to the applicant that the application is incomplete as provided in subsection A of this section. F Date of Acceptance of Application. Development project permit applications shall not be officially accepted until complete. When an application is found determined to be complete, the director shall note the date of acceptance for continued processing. Packet Page 296 of 602 Planning Board Public Hearing 6-9-10 12 G. After acceptance, the city shall begin processing the applications. Under no circumstances shall the city place any applications on “hold” to be processed at some later date, even if the request for the “hold” is made by the applicant, and regardless of the requested length of the “holding” period. This subsection does not apply to applications placed on “hold” upon determination by the city that the application requires additional information is required in order to make for a decision. 20.02.004 Notice of application. [moved to 20.03.002] A. Generally. A notice of application shall be provided to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with Chapter 20.03 ECDC. B. Issuance of Notice of Application. 1. Within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003, a notice of application shall be issued. 2. If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 15 days prior to the open record hearing. C. Contents. The notice of application shall include: 1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; 2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW; 3. A description of other required permits not included in the application, to the extent known by the city at that time; 4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights; 6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued; Packet Page 297 of 602 Planning Board Public Hearing 6-9-10 13 7. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application. D. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development services department by 4:00 PM on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be as specific as possible. E. SEPA Exempt Projects. A notice of application shall not be required for development project permits that are categorically exempt under SEPA, unless a public comment period or an open record predecision hearing is required. 20.02.005 Referral and review of development project permit applications. Within 10 days of accepting an complete application, the director shall transmit a copy of the application, or appropriate parts of the application, to each affected government agency and city department for review and comment, including those responsible for determining compliance with state and federal requirements. The affected agencies and city departments shall have 15 days to comment on the application. The agency or city department is presumed to have no comments if comments are not received within the 15-day period. The director shall grant an extension of time only if the application involves unusual circumstances. Extensions shall be for a maximum of five working days. Packet Page 298 of 602 Planning Board Public Hearing 6-9-10 14 Chapter 20.03 PUBLIC NOTICE REQUIREMENTS Sections: 20.03.001 Responsibility for providing public notice. 20.03.002 Public notice Notice of application. 20.03.003 Optional public notice.[moved to end of chapter] 20.03.0043 Notice of public hearing. 20.03.004 State Environmental Policy Act (SEPA) notice. 20.03.005 Shoreline Management Plan (SMP) notice. 20.03.006 Optional public notice. 20.03.001 Responsibility for providing public notice. A. Except where an action is initiated by the city, the applicant for a development project permit application shall be responsible for all posting, publishing, mailing and other notification required by the director. 1. No later than 14 days after the required date of posting, publishing and/or mailing, the applicant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Service Certificate of Mailing containing the names and addresses of all parties provided public notice. 2. If the affidavit and U.S. Postal Service Certificate of Mailing is not filed as required, any scheduled hearing or date by which the public may comment on an application shall be postponed, if necessary, in order to allow compliance with the notice requirements of this and other applicable chapters. 3. If the applicant fails to file the affidavit and U.S. Postal Service Certificate of Mailing as herein required within 90 days of required date of posting, publishing and/or mailing, the director shall make findings and issue a decision, according to the Type I procedure, that the application has lapsed for lack of information necessary to complete the review. The decision shall state that no further action will be taken on the applications, and that if the applicant does not make arrangements to pick up the application materials from the planning and/or public works/engineering departments within 30 days from the date of the decision, the application materials will be destroyed. BA. The Development Services Director or his/her designee (hereinafter the “director”) is responsible for all public notice requirements. The appellant of a development project permit decision shall be responsible for all posting, publishing, mailing and other notification required by the director. Packet Page 299 of 602 Planning Board Public Hearing 6-9-10 15 1. No later than 14 days after the required date of posting, publishing and/or mailing, the appellant shall provide to the director an affidavit attesting that each required method of notification was carried out in conformance with the regulations in this and other applicable chapters. For required mail notice, the applicant shall submit a U.S. Postal Service Certificate of Mailing containing the names and addresses of all parties provided public notice. 2. When the responsibility of providing notice is on the appellant, failure to timely or properly file affidavit of notice and certificate of mailing may be grounds for the director to summarily dismiss the appeal. 20.03.002 Public nNotice of application. [moved from 20.02.004] A. Generally. A notice of application shall be provided to the public, all city departments and agencies with jurisdiction of all Type II, III and IV development project permit applications in accordance with Chapter 20.03 ECDC. The Notice of application for these permits shall also be provided to the public by posting, publishing and mailing. B. Issuance of Notice of Application. 1. A notice of application shall be issued within 14 days after the city has made a determination of completeness pursuant to ECDC 20.02.003. 2. If any open record predecision hearing is required for the requested development project permit(s), the notice of application shall be provided at least 14 days prior to the open record hearing. C. Contents. The notice of application shall include the following information in a format determined by the director: 1. The date of submission of the initial application, the date of the notice of completion and acceptance of the application, and the date of the notice of application; 2. A description of the proposed project and a list of the development project permits requested in the application and, if applicable, a list of any studies requested under Chapter 36.70B RCW; 3. A description of other required permits not included in the application, to the extent known by the city at that time; 4. A description of existing environmental documents that evaluate the proposed project, and, if not otherwise stated on the document providing notice of application, the location where the application and any studies can be reviewed; 5. A statement setting forth: (a) the time for the public comment period, which shall be not less than 14 nor more than 30 days following the date of notice of Packet Page 300 of 602 Planning Board Public Hearing 6-9-10 16 application; (b) the right of any person to comment on the application, receive notice of and participate in any hearings, and request a copy of the decision on the application; and (c) any appeal rights; 6. The date, time, place and type of hearing, if a hearing has been scheduled when the date of notice of application is issued; 7. Any other information determined appropriate by the director such as the director’s threshold determination, if complete at the time of issuance of the notice of application. Notice of application for Type II, Type III and Type IV development project permits shall be provided by posting, publishing and mailing. D. Mailed Notice. Notice of application shall be mailed to: 1. the owners of the property involved if different from applicant; and 2. the owners of real property within 300 feet of the boundaries of the property(ies) involved in the application. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. The adjacent property owners list must be current to within six (6) months of the date of initial application. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail. E. Published Notice. Notice of application shall be published in the city’s official newspaper (The Everett Herald, as identified in ECDC 1.03). The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.002.C. AF. Posting. Posting of the property for site specific proposals shall consist of one or more notice boards as follows: 1. A single notice board shall be placed by the applicant: a. At the midpoint of the street fronting the site or as otherwise directed by the director for maximum visibility; b. Five feet inside the street property line, except when the board is structurally attached to an existing building; provided, that no notice board shall be placed more than five feet from the street without approval of the director; c. So that the bottom of the notice board is between two and four feet above grade; and Packet Page 301 of 602 Planning Board Public Hearing 6-9-10 17 d. Where it is completely visible to pedestrians. e. The size of the notice board shall be determined by the director. 2. Additional notice boards may be required when: a. The site does not abut a public road; b. A large site abuts more than one public road; or c. The director determines that additional notice boards are necessary to provide adequate public notice. 3. Notice boards shall be: a. Maintained in good condition by the applicant during the notice period; b. In place at least 30 14 days prior to the date of any hearing, and at least 1415 days prior to the end of any required comment period; c. Removed within 15 30 days of the date of the project decision. If the project is appealled, the sign must be removed 30 after the appeal decision is issuedafter the end of the notice period. 4. Removal of the notice board prior to the end of the notice period shall be cause for discontinuance of the department review until the notice board is replaced and remains in place for the specified time period. 5. Notice boards shall be constructed and installed in accordance with specifications promulgated by the director. The format and content of the notice must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed. B. Published Notice. Notice of application shall be published in the city’s official newspaper (or if one has not been designated, in a newspaper of general circulation within the City). The format and content of the notice must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed. C. Mailed Notice. Notice of application shall be mailed to the following: (1) owner of the property involved if different from applicant; and (2) owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application. The format and content of the notice of Packet Page 302 of 602 Planning Board Public Hearing 6-9-10 18 application must be pre-approved by the director, and contain at least the project location, description, type of permit(s) required, comment period dates, and a location where the complete application may be reviewed. G. Public Comment on the Notice of Application. All public comments in response to the notice of application must be received by the city’s development services department by 4:00 PM on the last day of the comment period. Comments in response to the notice of application received after the comment period has expired will not be accepted no matter when they were mailed or postmarked. Comments shall be mailed or personally delivered. Comments should be as specific as possible. D. Shoreline Master Program (SMP) Permits. [separated out and moved to 20.03.005] 1. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods: a. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built; b. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or c. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public. 2. Content of SMP Notice. SMP notices shall include: a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection; b. A statement that any person may submit oral or written comments at the hearing; c. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance. Packet Page 303 of 602 Planning Board Public Hearing 6-9-10 19 3. Public Comment Period. The public comment period shall be 30 days. 4. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. 20.03.003 Optional public notice. The director, in his or her sole discretion, may: A. Notify the public or private groups with known interest in a proposal or type of proposal; B. Notify the news media; C. Place notices in appropriate regional or neighborhood newspapers or trade journals; D. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and E. Mail notice to additional neighboring property owners. 20.03.004003 Notice of public hearing. A. Applicants of Type III or Type V actions, and appellants of Type II actions shall provide notice of public hearing by mailing, posting and publishing. B. Content of Notice of Public Hearing for All Applications. The notice of a public hearing required by this chapter shall contain: 1. The name and address of the applicant and the applicant’s representative; 2 A description of the subject property reasonably sufficient to inform the public of its location, including but not limited to a vicinity location or written description, a map or postal address, and a subdivision lot and block designation (complete legal description not required); 3. The date, time and place of the hearing; 4. The nature of the proposed use or development; 5. A statement that all interested persons may appear and provide testimony; 6. The sections of the code that are pertinent to the hearing procedure; 7. A statement explaining when information may be examined, and when and how written comments addressing findings required for a decision by the hearing body may be admitted; Packet Page 304 of 602 Planning Board Public Hearing 6-9-10 20 8. The name of a city representative to contact and the telephone number where additional information may be obtained; 9. A statement that a copy of the application, all documents and evidence relied upon by the applicant, and applicable criteria are available for inspection at no cost and that copies will be provided at the requestor’s cost; and 10. A statement explaining that a copy of the staff report will be available for inspection at no cost at least seven days prior to the hearing and that copies will be provided at the requestor’s cost. C. Mailed Notice. Mailed notice of the public hearing shall be provided as follows: 1. The notice of the public hearing shall be mailed to: a. The applicant; b. The owner of the subject property, if different from applicant; c. All owners of real property, as shown by the records of the county assessor, within 300 feet of the boundaries of the property(ies) involved in the application; and cd. Any person who submits a public comments on an application; 2. Type III Preliminary Plat Actions. In addition to the above, requirements for mailed notice of public hearing for preliminary plats and proposed subdivisions shall also include the following: a. Notice of the filing of a preliminary plat adjacent to or within one mile of the municipal boundaries of any city or town, or which contemplates the use of any city or town utilities shall be given to the appropriate city or town authorities; b. Notice of the filing of a preliminary plat of a proposed subdivision adjoining the boundaries of Snohomish County shall be given to the appropriate county officials; c. Notice of the filing of a preliminary plat of a proposed subdivision located adjacent to the right-of-way of a state highway or within two miles of the boundary of a state or municipal airport shall be given to the secretary of transportation; d. If the owner of the real property which is proposed to be subdivided owns another parcel or parcels of real property which lie adjacent to the real property proposed to be subdivided, notice under RCW 58.17.090(1)(b) shall be given to Packet Page 305 of 602 Planning Board Public Hearing 6-9-10 21 owners of real property located with 300 feet from any portion of the boundaries of the adjacent parcels owned by the owner of the real property to be subdivided. 3. For a plat alteration or a plat vacation, notice shall be as provided in RCW 58.17.080 and 58.17.090. 4. General Procedure for Mailed Notice of Public Hearing. a. The records of the Snohomish County assessor’s office shall be used for determining the property owner of record. Addresses for a mailed notice required by this code shall be obtained from the applicable county’s real property tax records. As required under ECDC 20.03.001, the applicant shall provide a sworn certificate of mailing to all persons entitled to notice under this Chapter. b. All mailed public notices shall be deemed to have been received on the next business day following the day that the notice is deposited in the mail. D. Procedure for Posted or Published Notice of Public Hearing. 1. Posted notice of the public hearing shall comply with requirements set forth in ECDC 20.03.002.F(A). 2. Notice of public hearing shall be published in the city’s official newspaper (The Everett Herald, as identified in ECDC 1.03or if one has not been designated, in a newspaper of general circulation within the City). The format and content of the notice must be pre-approved by the director.The format shall be determined by the director and the notice must contain the information listed in ECDC 20.03.003.B. E. Time and Cost of Notice of Public Hearing. 1. Notice shall be mailed, posted and first published not less than 1410 or more than 30 days prior to the hearing date. Posted notices shall be removed by the applicant within 15 days following the public hearing. 2. All costs associated with the public notice shall be borne by the applicant of Type III and Type IV actions, or appellant of Type II actions. 20.03.004 State Environmental Policy Act (SEPA) notice. 1. Whenever possible, the city shall integrate the public notice required under this subsection with existing notice procedures for the City’s nonexempt permits(s) or approvals(s) required for the proposal. 2. Whenever the City issues a DNS under WAC 197-11-340(2) or a DS under WAC 197-11-360(3) the City shall give public notice as follows: Packet Page 306 of 602 Planning Board Public Hearing 6-9-10 22 a. If public notice is required for a nonexempt license, the notice shall state whether a DS or DNS has been issued and when comments are due. b. If an environmental document is issued concurrently with the notice of application, the public notice requiremnts for the notice of application in RCW 36.70B.110(4) will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1). c. If no public notice is otherwise required for the permit or approval, the City shall give notice of the DNS or DS by: Posting the property, for site specific proposals; Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general circlulation within the City). d. Whenever the City issues a DS under WAC 197-11-360(3), the City shall state the scoping procedure for the proposal in the DS as required in WAC 197-11-408 and in the public notice. 3. If a DNS is issued using the optional DNS process, the public notice requirments for a notice of application in RCW 36.70B.110(4) as supplemented by the requirments in WAC 197-11-355 will suffice to meet the SEPA public notice requirments in WAC 197-11-510(1)(b). 4. Whenever the City issues a DEIS under WAC 197-11-455(5) or a SEIS under WAC 197-11-620, notice of the availability of those documents shall be given by: a. Indicating the availability of the DEIS in any public notice required for a nonexempt license; Posting the property, for site specific proposals; c. Mailed to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property, for site specific proposals; and c. Publishing notice in the City’s official newspaper (or if one has not been designated, in a newspaper of general cirulation within the City). 5. Public notice for projects that qualify as planned actions shall be tied to underlying permit as specificed in WAC 197-11-172(3). 6. The City may require an applicant to complete the public notice requirements for the applicant’s proposal at his or her expense. 20.03.005 Shoreline Master Program (SMP) Notice. Packet Page 307 of 602 Planning Board Public Hearing 6-9-10 23 1. Methods of Providing SMP Notice. Notice of the application of a permit under the purview of the city’s shoreline master program (SMP) shall be given by one or more of the following methods: a. Mailing of the notice to real property owners as shown by the records of the county assessor within 300 feet of the boundary of the property upon which the proposed project is to be built; b. Posting of the notice in a conspicuous manner, as determined by the director, on the property upon which the project is to be constructed; or c. Any other manner deemed appropriate by the director to accomplish the objectives of reasonable notice to adjacent landowners and the public. 2. Content of SMP Notice. SMP notices shall include: a. A statement that any person desiring to submit written comments concerning an application, or desiring to receive notification of the final decision concerning an application, may submit comments, or requests for the decision, to the director within 30 days of the last date that notice is published pursuant to this subsection; b. A statement that any person may submit oral or written comments at the hearing; c. An explanation of the manner in which the public may obtain a copy of the city’s decision on the application no later than two days after its issuance. 3. Public Comment Period. The public comment period shall be 30 days. 4. The director shall mail or otherwise deliver a copy of the decision to each person who submits comments or a written request for the decisions. 20.03.006 Optional public notice. The director, in his or her sole discretion, may: A. Notify the public or private groups with known interest in a proposal or type of proposal; B. Notify the news media; C. Place notices in appropriate regional or neighborhood newspapers or trade journals; D. Publish notice in agency newsletters or send notice to agency mailing lists, either general lists or lists for specific proposals or subject areas; and Packet Page 308 of 602 Planning Board Public Hearing 6-9-10 24 E. Mail notice to additional neighboring property owners. Packet Page 309 of 602 Planning Board Public Hearing 6-9-10 25 Chapter 20.04 CONSISTENCY WITH DEVELOPMENT REGULATIONS AND SEPA Sections: 20.04.001 Determination of consistency. 20.04.002 Initial SEPA analysis. 20.04.003 Categorically exempt and planned actions. 20.04.001 Determination of consistency. A. Purpose. Consistency between a proposed development project permit application, applicable regulations and comprehensive plan shall be determined through the process described in this section. B. Consistency. During development project permit application review, the Development Services Director or his/her designee (hereinafter the “director”) the director shall determine whether the development regulations applicable to the proposed project, or in the absence of applicable development regulations, the city’s comprehensive plan, address the following: 1. The type of land use permitted at the site, including uses that may be allowed if the criteria for their approval have been satisfied; 2. The level of development, such as units per acre, density of residential development in urban growth areas, or other measures of density; 3. Availability and adequacy of infrastructure and public facilities identified in the comprehensive plan; and 4. Whether the plan or development regulations provide for funding of these facilities as required by Chapter 36.70A RCW. C. Project Review. Project review by the director and appropriate city staff shall identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable significant adverse environmental impacts. During project review, neither the director nor any other city reviewing body may re-examine alternatives or hear appeals on decided matters which have already been found to be consistent with development regulations and/or the comprehensive plan, except for issues of code interpretation. 20.04.002 Initial SEPA analysis. Packet Page 310 of 602 Planning Board Public Hearing 6-9-10 26 A. In addition to the land use consistency review, the director shall review the development project permit application for consistency with the State Environmental Policy Act (“SEPA”), Chapter 43.21C RCW, the SEPA Rules, Chapter 197-11 WAC, and the city environmental policy ordinance, Chapter 20.15A ECDC, and shall: 1. Determine whether applicable regulations require studies to adequately analyze all of the proposed project’s specific probable adverse environmental impacts; 2. Determine whether applicable regulations require mitigation measures to adequately address identified environmental impacts; and 3. Provide prompt and coordinated review by other government agencies and the public on compliance with applicable environmental laws and plans, including mitigation for specific project impacts that have not been considered and addressed at the plan or development regulation level. B. In its the review of a development project permit application, the director shall determine whether the requirements for environmental analysis, protection and mitigation measures in the applicable development regulations, comprehensive plan and/or in other applicable local, state or federal laws provide adequate analysis of and mitigation for the specific adverse environmental impacts of the proposal. C. If the director bases or conditions his or her approval of the development project permit application on compliance with the requirements or mitigation measures described in subsection A of this section, the city shall not impose additional mitigation under SEPA during project review for the same adverse environmental impacts. D. A comprehensive plan, development regulation or other applicable local, state or federal law provides adequate analysis of, and mitigation for, the specific adverse environmental impacts of a proposal when: 1. The impacts have been avoided or otherwise mitigated; or 2. The city has designated in the plan, regulation or law that certain levels of service, land use designations, development standards or other land use conditions allowed by Chapter 36.70A RCW are acceptable. E. In deciding whether a specific adverse environmental impact has been addressed by an existing city plan or development regulation, or by the regulations or laws of another government agency, the director shall consult orally or in writing with that agency and may expressly defer to that agency. In making this deferral, the director shall base or condition any project approval on compliance with these other regulations. F. Nothing in this section limits the authority of the director in reviewing or mitigating the impacts of a proposed project to adopt or otherwise rely on environmental analyses and requirements under other laws, as provided by Chapter 43.21C RCW. Packet Page 311 of 602 Planning Board Public Hearing 6-9-10 27 G. The director shall also review the application under Chapter 20.15A ECDC, the city environmental policy ordinance; provided, that such review shall be coordinated with the underlying permit application review. 20.04.003 Categorically exempt and planned actions. A. Categorically Exempt. Actions categorically exempt under RCW 43.21C.110(1)(a) do not require environmental review or the preparation of an environmental impact statement. An action that is categorically exempt under the rules adopted by the Department of Ecology (Chapter 197-11 WAC) may not be conditioned or denied under SEPA. B. Planned Actions. 1. A planned action does not require a threshold determination or the preparation of an environmental impact statement under SEPA, but is subject to environmental review and mitigation under SEPA. 2. A “planned action” means one or more types of project action that: a. Are designated planned actions by an ordinance or resolution adopted by the city; b. Have had the significant impacts adequately addressed in an environmental impact statement prepared in conjunction with: i. A comprehensive plan or subarea plan adopted under Chapter 36.70A RCW, or ii. A fully contained community, a master planned resort, a master planned development or a phased project; c. Are subsequent or implementing projects for the proposals listed in paragraph (2)(b) of this subsection; d. Are located within an urban growth area, as defined in RCW 36.70A.030; e. Are not essential public facilities, as defined in RCW 36.70A.200; and f. Are consistent with the city’s comprehensive plan adopted under Chapter 36.70A RCW. C. Limitations on Planned Actions. The city shall limit planned actions to certain types of development or to specific geographical areas that are less extensive than Packet Page 312 of 602 Planning Board Public Hearing 6-9-10 28 the jurisdictional boundaries of the city, and may limit a planned action to a time period identified in the environmental impact statement or this title. D. During project review, the city shall not re-examine alternatives to or hear appeals on the items identified in ECDC 20.04.001(B), except for issues of code interpretation. [restatement of 20.04.001.C] E. Project review shall be used to identify specific project design and conditions relating to the character of development, such as the details of site plans, curb cuts, drainage swales, the payment of impact fees, or other measures to mitigate a proposal’s probable adverse environmental impacts. [restatement of 20.04.001.C] Packet Page 313 of 602 Planning Board Public Hearing 6-9-10 29 Chapter 20.06 OPEN RECORD PUBLIC HEARINGS Sections: 20.06.001000 General. 20.06.001 Joint Public Hearings 20.06.002 Responsibility of director for hearing. 20.06.003 Conflict of interest. 20.06.004 Ex parte communications. 20.06.005 Disqualification. 20.06.006 Burden and nature of proof. 20.06.007 Order of proceedings. 20.06.008 Decision. 20.06.009 Notice of final decision - Miscellaneous. 20.06.010 Reconsideration of decision. 20.06.001000 General. A. An Oopen record public hearing, or simply public hearing, means is a hearing conducted by an single hearing authorized body or officer authorized to conduct such hearings that creates the city’s record through testimony and submission of evidence and information., under procedures prescribed in this Chapter. A public hearing may be held prior to the city’s decision on a development project permit application; to be known as this is an "open record predecision hearing." A public record hearing may be held on an appeal, to be known as an "open record appeal hearing," if no open record predecision hearing has beenwas held on for the development project permit; this is an "open record appeal hearing.". B. Open record predecision hearings on all Type III and IV development project permit applications and open record appeal hearings on all Type II decision appeals shall be conducted in accordance with this chapter. Public hearings conducted by the city hearing examiner shall also be subject to the hearing examiner’s rules. C. Unless otherwise provided, appeals of Type II decisions shall be initiated as set forth in ECDC 20.07.004. 20.06.001 Joint public hearings. [moved from 20.01.004] A. Decision to Hold Joint Hearing. The Development Services Director or his/her designee (hereinafter the “director”) may combine any public hearing on a project application with any hearing that may be held by another local, state, regional, federal, or other agency, on the proposed action, as long as: (1) the hearing is held within the city limits; and (2) the requirements of subsection C of this section are met. B. Applicant’s Request for a Joint Hearing. The applicant may request that the public hearing on a permit application be combined as long as the joint hearing can be Packet Page 314 of 602 Planning Board Public Hearing 6-9-10 30 held within the time periods set forth in this chapter. In the alternative, the applicant may agree to a particular schedule if that additional time is needed in order to complete the hearings. C. Prerequisites to Joint Public Hearing. A joint public hearing may be held with another local, state, regional, federal or other agency and the city, when: 1. The other agency is not expressly prohibited by statute from doing so; 2. Sufficient notice of the hearing is given to meet each of the agencies’ adopted notice requirements as set forth in statutes, ordinances, or rules; 3. The agency has received the necessary information about the proposed project from the applicant in enough time to hold its hearing at the same time as the city hearing; or 4. The hearing is held within the geographic boundary of the city. 20.06.002 Responsibility of director for hearing. The director shall: A. Schedule project applications for review and public hearing; B. Verify compliance with notice requirements; C. Prepare the staff report on the application, which shall be a single report which sets forth all of the decisions made on the proposal as of the date of the report, including recommendations on development project permits in the consolidated permit process that do not require an open record predecision hearing. The report shall also describe any mitigation required or proposed under the city’s development regulations or SEPA authority. If the threshold determination, other than a determination of significance, has not been issued previously by the city, the report shall include or append this determination. D. Prepare the notice of decision, if required by the hearing body, and mail a copy of the notice of decision to those entitled by this chapter to receive the decision. 20.06.003 Conflict of interest. The hearing body shall be subject to the code of ethics, prohibitions on conflict of interest and appearance of fairness doctrine as set forth in Chapter 42.23 RCW, and Chapter 42.36 RCW as the same now exists or may hereafter be amended. 20.06.004 Ex parte communications. Packet Page 315 of 602 Planning Board Public Hearing 6-9-10 31 A. No member of the hearing body may communicate, directly or indirectly, regarding any issue in a proceeding before him or her, other than to participate in communications regarding procedural aspects necessary for maintaining an orderly process, unless he or she provides notice and opportunity for all parties to participate. Nothing herein shall prevent the hearing body from seeking legal advice from its legal counsel on any issue. B. If, before serving as the hearing body in a quasi-judicial proceeding, any member of the hearing body receives an ex parte communication of a type that could not properly be received while serving, the member of the hearing body, promptly after starting to serve, shall disclose the communication as described in ECDC 20.06.004(C). C. If a member of the hearing body receives an ex parte communication in violation of this section, he or she shall place on the record: 1. All written communications received; 2. All written responses to the communications; 3. The substance of all oral communications received, and all responses made; and 4. The identity of each person from whom the member received any ex parte communication. The hearing body shall advise all parties that these matters have been placed on the record. Upon request made after notice of the ex parte communication, any party desiring to rebut the communication shall be allowed to place a rebuttal statement on the record. 20.06.005 Disqualification. A. Any member who is disqualified shall make full disclosure to the audience of the reason(s) for the disqualification, abstain from voting on the proposal, and physically leave the hearing. B. If enough members of the hearing body are disqualified so that a quorum cannot be achieved, then all members present, after stating their reasons for disqualification, shall be requalified and deliberations shall proceed. 20.06.006 Burden and nature of proof. A. Except for Type V actions, appeal of Type II actions and closed record appeals, the burden of proof is on the proponent. The development project permit application must be supported by convincing proof that it conforms to the applicable elements of the city’s development regulations and comprehensive plan (review criteria). Packet Page 316 of 602 Planning Board Public Hearing 6-9-10 32 The proponent must also prove that any significant adverse environmental impacts have been adequately mitigated. B. In an appeal of Type II actions or closed record appeal, the appellant has the burden of proof with respect to points raised on appeal. C. In a closed record appeal of the Architectural Design Board, its decision shall be given substantial deference regarding decision review within its expertise and contained in its decisions. 20.06.007 Order of proceedings. The order of proceedings for a hearing will depend in part on the nature of the hearing. The following shall be supplemented by administrative procedures as appropriate. A. Before receiving testimony and other evidence on the issue, the following shall be determined: 1. Any objections on jurisdictional grounds shall be noted on the record and if there is objection, the hearing body may proceed or terminate the proceeding; 2. Any member disqualifications shall be determined. B. The presiding officer may take official notice of commonly known and accepted information, such as: 1. Ordinances, resolutions, rules, officially adopted development standards, and state law; 2. Public records and facts judicially noticeable by law. C. Information officially noticed need not be proved by submission of formal evidence to be considered by the hearing body. Parties requesting official notice of any information shall do so on the record. The hearing body, however, may take notice of matters listed in subsection B of this section at any time. Any information given official notice may be rebutted. D. The hearing body may view the proposed project site or planning area with or without notification to the parties, but shall put into the record a statement setting forth the time, manner and circumstances of the site visit. E. Information shall be received from the staff and from proponents and opponents. The presiding officer may, in his or her discretion, permit persons attending the hearing to ask questions. Unless the presiding officer specifies otherwise, approved questions will be asked of persons submitting testimony by the presiding officer. Packet Page 317 of 602 Planning Board Public Hearing 6-9-10 33 F. When the presiding officer has closed the public hearing portion of the hearing, the hearing body may openly discuss the issue and may further question the staff or any person submitting information. An opportunity to present rebuttal shall be provided if new information is presented in the questioning. When all evidence has been presented and all questioning and rebuttal completed, the presiding officer shall officially close the record and end the hearing. 20.06.008 Decision. A. Following the hearing procedure described in ECDC 20.06.007, the hearing body shall approve, conditionally approve, or deny the application. If the hearing is an appeal, the hearing body shall affirm, reverse or, with the written consent of the applicant, which shall include a waiver of the statutory prohibition against two open record hearings, remand the decision for additional information. B. The hearing body’s written decision shall be issued within 10 working days after the close of record of the hearing and within 90 days of the opening of the hearing, unless a longer period is agreed to by the parties. C. The city shall provide a notice of decision as provided in ECDC 20.06.009. D. If the city is unable to issue its final decision on an development project permit application within the time limits provided for in this section, it shall provide written notice of this fact to the project applicant. The notice shall include a statement of reasons why the time limits have not been met and an estimated date for issuance of the notice of decision. 20.06.009 Notice of final decision - Miscellaneous. A. The director shall issue a notice of final decision within 120 days of the issuance of the determination of completeness pursuant to ECDC 20.02.003; provided, that the time period for issuance of a notice of final decision on a preliminary plat shall be 90 days, for a final plat 30 days, and a final short plat 30 days. The notice shall include the SEPA threshold determination for the proposal and a description of any available administrative appeals. For Type II, III and IV development project permits, the notice shall contain the requirements set forth in ECDC 20.06.002(C) and explain that affected property owners may request a change in property tax valuation notwithstanding any program of revaluation. 1. The notice of final decision shall be mailed or otherwise delivered to the applicant, to any person who submitted comments on the application or requested a copy of the decision, and to the Snohomish County assessor. 2. Notice of the decision shall be provided to the public by any means deemed reasonable by the director. Packet Page 318 of 602 Planning Board Public Hearing 6-9-10 34 B. In calculating the 120-day period for issuance of the notice of final decision, or other decision period specified in 20.06.009(A) ECDC, the following periods shall be excluded: 1. Any period during which the applicant has been requested by the director to correct plans, perform required studies, or provide additional required information. The period shall be calculated from the date the director notifies the applicant of the need for additional information until the earlier of the dates the director determines that the additional information provided satisfies the request for information, or 14 days after the date the additional information is provided to the city; 2. If the director determines that the information submitted is insufficient, the applicant shall be informed of the particular insufficienciesdeficiencies and the procedures set forth in subsection (B)(1) of this section for calculating the exclusion period shall apply; 3. Any period during which an environmental impact statement (EIS) is being prepared pursuant to Chapter 43.21C RCW and Chapter 20.15A ECDC. The time period for preparation of an EIS shall be governed by Chapter 20.15A ECDC; 4. Any period for consideration and issuance of a decision for administrative appeals of development project permits, which shall be not more than 90 days for open record appeals and 60 days for closed record appeals, unless a longer period is agreed to by the director and the applicant; 5. Any extension of time mutually agreed to by the director and the applicant in writing. C. The time limits established in this title do not apply if a development project permit application: 1. Requires an amendment to the comprehensive plan or a development regulation; 2. Requires siting approval of an essential public facility as provided in RCW 36.70A.200; or 3. Is substantially revised by the applicant, in which case the time period shall start from the date that a determination of completeness for the revised application is issued by the director pursuant to ECDC 20.02.003 and RCW 36.70B.070. 20.06.010 Reconsideration of decision. A. General. Any person identified in ECDC 20.07.003 as having standing to file an administrative appeal may request reconsideration of a decision of the hearing examiner which issues immediately after the open record public hearing on a development project permit application described in this chapter. (There shall be no Packet Page 319 of 602 Planning Board Public Hearing 6-9-10 35 reconsideration of a decision of the director (staff), ADB or city council.) Reconsideration is not a condition precedent to any appeal. Reconsideration shall be limited to: 1. error(s) of procedure; 2. error(s) of law or fact; 3. error(s) of judgment; and/or 4. the discovery of new evidence that was not known and could not in the exercise of reasonable diligence, been discovered. B. Time to File. A request for reconsideration, including reconsideration fee, must be filed with the city planning director within 10 calendar days of the hearing examiner’s written decision. Such requests shall be delivered to the director before 4:30 p.m. on the last business day of the reconsideration period. Requests for reconsideration that are received by mail after 4:30 p.m. on the last day of this reconsideration period will not be accepted, no matter when such requests were sent, mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing a request for reconsideration, the day the hearing examiner’s decision is issued shall not be counted. If the last day of the reconsideration is a Saturday, Sunday, or holiday designated by RCW 1.16.050, or by a city ordinance, then the reconsideration may be filed on the next business day. D. Content of Request for Reconsideration. Requests for reconsideration shall be in writing, be accompanied by the required reconsideration fee (which shall be the same as the administrative appeal fee), and contain the following information: 1. The name, address and phone number of the requestor; 2. Identification of the application and final decision which is the subject of the request for reconsideration; 3. Requestor’s statement of grounds for reconsideration and the facts upon which the request is based; 4. The specific relief requested; 5. A statement that the requestor believes the contents of the request to be true, followed by his/her signature. 6. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided. Packet Page 320 of 602 Planning Board Public Hearing 6-9-10 36 E. Effect. The timely filing of a request for reconsideration shall stay the hearing examiner’s decision until such time as the hearing examiner issues a decision on reconsideration. F. Notice of Request for Reconsideration. The requestor director shall provide mailed notice that a request for reconsideration has been filed to all parties of record as defined in ECDC 20.07.003. G. Hearing Examiner’s Action on Request. The hearing examiner shall consider the request for reconsideration without a hearing, but may solicit written arguments from parties of record. A decision on the request for reconsideration shall be issued within 10 business days after receipt of the request for reconsideration by the city. 1. The time period for appeal shall recommence and be the same for all parties of record, regardless of whether a party filed a motion for reconsideration. 2. Only one request for reconsideration may be made by a party of record. Any ground not stated in the initial motion is waived. 3. A decision on reconsideration or a matter that is remanded to the hearing examiner by the City Council is not subject to a motion for reconsideration. H. Limitations on Hearing Examiner’s Reconsideration. The hearing examiner shall consider the request for reconsideration based on the administrative record compiled on the application up to and including the date of the hearing examiner’s decision. The hearing examiner may require or permit corrections of ministerial errors or inadvertent omissions in the preparation of the record and the hearing examiner’s decision. The reconsideration decision issued by the hearing examiner may modify, affirm or reverse the hearing examiner’s decision. I. Notice of Final Decision on Reconsideration. The director shall issue a notice of final decision on reconsideration in the manner set forth and to the persons identified in ECDC 20.06.009. J. Further Appeals. If no administrative appeal is allowed of the hearing examiner’s decision, and a request for reconsideration was timely filed, then any judicial appeal must be filed within 21 days after issuance of the decision on reconsideration, as provided in Chapter 36.70C RCW. Packet Page 321 of 602 Planning Board Public Hearing 6-9-10 37 Chapter 20.07 CLOSED RECORD APPEALS Sections: 20.07.001 Appeals of decisions. 20.07.002 Consolidated appeals. 20.07.003 Standing to initiate an administrative appeal. 20.07.004 Appeals of recommendations and decisions. 20.07.005 Procedure for closed record decision/appeal. 20.07.006 Judicial appeals. 20.07.007 Resubmission of application. 20.07.001 Appeals of decisions. A. "Closed record appeal" means an administrative appeal on the record to the city council, following an open record public hearing on a development project permit application when the appeal is on the record with no new evidence or information allowed to be submitted, except as provided in ECDC 20.07.005(B), and only appeal argument allowed. B. The right of appeal for all development project permit applications and Type V land use decisions shall be as described in the matrix set forth in ECDC 20.01.003. 20.07.002 Consolidated appeals. All appeals of development project permit application decisions, other than appeals of determinations of significance (“DS”), and exempt permits and approvals under ECDC 20.01.007, shall be considered together in a consolidated appeal using the appeal procedure for the highest type permit application. 20.07.003 Standing to initiate an administrative appeal. A. Limited to Parties of Record. Only parties of record may file an administrative appeal. B. Definition. The term “parties of record,” for the purposes of this chapter, shall mean: 1. The applicant; 2. Any person who testified at the open record public hearing on the application; Packet Page 322 of 602 Planning Board Public Hearing 6-9-10 38 3. Any person who individually submits written comments concerning the application at the open record public hearing (or to staff if an appeal of a Type II decision). Persons who have only signed petitions are not parties of record; and/or 4. The city of Edmonds. 20.07.004 Appeals of recommendations and decisions. Permit Decisions or Recommendations. Appeals of a hearing body’s recommendation or decision on a development project permit application shall be governed by the following: A. Standing. Only parties of record have standing to appeal the hearing body’s decision. B. Time to File. An appeal must be filed within 14 days after the issuance of the hearing body’s written decision. The appeal period shall be extended for an additional seven days, if state or local rules adopted pursuant to chapter 43.21C RCW allow public comment on a determination of nonsignificance issued as part of the appealable project permit decision. Appeals, including fees, must be received by the city’s development services department by mail or by personal delivery at or before 4:30 PM on the last business day of the appeal period. Appeals received by mail after 4:30 PM on the last day of the appeal period will not be accepted, no matter when such appeals were mailed or postmarked. C. Computation of Time. For the purposes of computing the time for filing an appeal, the day the hearing body’s decision is issued shall not be counted. If the last day of the appeal is a Saturday, Sunday, legal holiday designated by RCW 1.16.050 or by a city ordinance, or any day when city hall or the City’s Development Services Department is closed to the public by formal executive or legislative action, then the appeal may be filed on the next day that is not a Saturday, Sunday, holiday or closed day. D. Content of Appeal. Appeals shall be in writing, be accompanied by the required appeal fee as set forth in the city’s adopted fee resolution, and contain the following information: 1. Appellant’s name, address and phone number; 2. A statement describing appellant’s standing to appeal; 3. Identification of the application which is the subject of the appeal; 4. Appellant’s statement of grounds for appeal and the facts upon which the appeal is based with specific references to the facts in the record; 5. The specific relief sought; Packet Page 323 of 602 Planning Board Public Hearing 6-9-10 39 6. A statement that the appellant has read the appeal and believes the contents to be true, followed by the appellant’s signature. 7. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided. E. Effect. The timely filing of an appeal shall stay the hearing body’s decision until such time as the appeal is concluded or withdrawn. F. Notice of Appeal. The Development Services Director (hereinafter the “director”) The appellant shall provide mailed notice of the appeal to all parties of record as defined in ECDC 20.07.003. 20.07.005 Procedure for closed record decision/appeal. A. Closed record appeals shall be based on the record established at the open record hearing before the hearing body/officer whose decision is appealed, which shall include the written decision of the hearing body/officer, copies of any exhibits admitted into the record, and official transcript, minutes or tape recording of the proceedings. 1. At his/her own expense, a party to the appeal may have the official tape recording of the open record hearing transcribed; however, to be admitted into the record, the transcription must be performed and certified by a transcriber that is pre-approved by the City. In addition, the certified transcription must be received by the City directly from the transcriber at least 16 working days before the date scheduled for the closed record review. It shall be each party of record’s responsibility to obtain a copy of the transcription from the City. 2. The director shall maintain a list of pre-approved transcribers that are court approved; and if needed, shall coordinate with parties to the appeal so that no more than one official transcription is admitted into the record. B. No new testimony or other evidence will be accepted by the city council except: (1) new information required to rebut the substance of any written or oral ex parte communication provided during an appearance of fairness disclosure; and (2) relevant information that, in the opinion of the city council, was improperly excluded by the hearing body/officer. 1. Appellants who believe that information was improperly excluded must specifically request in writing within 5 working days of the appeal deadline that the information be made part of the record. The request shall be addressed to the city council president, describing the information excluded, its relevance to the issues appealed, the reason(s) that the information was excluded by the hearing body/officer, and the reason why the hearing body/officer erred in excluding the information. Packet Page 324 of 602 Planning Board Public Hearing 6-9-10 40 2. In determining whether the information should be admitted, the city council president may request other parties of record to submit written arguments rebutting the above. Non response by the city council president within 5 working days of the initial request that the information be made part of the record shall constitute a rejection of the same. C. Parties to the appeal may present written arguments to the city council. Arguments shall describe the particular errors committed by the decision maker below, with specific references to the administrative record. The appellant shall bear the burden to demonstrate that the decision below is clearly erroneous given the record. D. While not required, Aappellant may submit his or her written arguments 12 working days before the date scheduled for the closed record review. Parties of record, except for the appellant, may respond in writing to appellant’s arguments no later than 7 working days before the closed record review. Appellant may rebut in writing to responses submitted by parties of record no later than 4 working days before the closed record review. If the applicant is not the appellant, applicant may submit a final surrebuttal in writing to appellant’s rebuttal no later than 2 working days before the closed record review. E. Written arguments, responses, rebuttal and surrebuttals must be received by the city’s development services department by mail or personal delivery at or before 4:30 PM of the date due. Late submittals shall not be accepted. Submittals received by mail after 4:30 PM on the last day of the appeal period will not be accepted, no matter when such submittals were mailed or postmarked. It shall be the responsibility of the parties involved to obtain for their own use from the city copies of written arguments, responses, rebuttals and surrebuttals submitted. F. All written submittals shall be typed on letter size paper (8.5 x 11), with one inch margins, using readable font type (such as Times New Roman) and size (no smaller than 12), single sided, double spaced and without exceeding twelve pages in length, including exhibits, if any. Exhibits that are not already in the record shall not be allowed. G. The review shall commence with the resolution of appearance of fairness issues, if any, followed by a presentation by the director, or the director’s designee, of the general background of the proposed development and the issues in dispute. After the director’s presentation, the city council may ask clarifying questions on disputed issues to parties of record, with an opportunity for the director (or designee), appellant and/or applicant, respectively, to rebut to the response. The city council shall not request information outside the administrative record. H. The city council shall determine whether the decision below by the hearing body/officer is clearly erroneous given the evidence in the record. The city council shall affirm, modify or reverse the decision of the hearing body/officer accordingly. Upon written agreement by the applicant to waive the requirement for a Packet Page 325 of 602 Planning Board Public Hearing 6-9-10 41 decision within the time periods set forth in RCW 36.70B.080, as allowed by RCW 36.70B.080(3), the city council may remand the decision with instructions to the hearing body for additional information. I. Notice of Final Decision on Closed Record Appeal. The director shall issue a notice of final decision on closed record appeal in the manner set forth and to the persons identified in ECDC 20.06.009. 20.07.006 Judicial appeals. The city’s final decision on an application may be appealed by a party of record with standing to file a land use petition in Snohomish County superior court. Such petition must be filed within 21 days after issuance of the decision, as provided in Chapter 36.70C RCW. 20.07.007 Resubmission of application. Any permit application or other request for approval submitted pursuant to this chapter that is denied shall not be resubmitted or accepted by the director for reconsideration review for a period of 12 months from the date of the last action by the city on the application or request unless, in the opinion of the director, there has been a significant change in the application or a significant change in conditions related to the impacts of the proposed project. Packet Page 326 of 602 Planning Board Public Hearing 6-9-10 42 Chapter 20.08 DEVELOPMENT AGREEMENTS Sections: 20.08.010 Authority and general provisions. 20.08.020 General provisions of development agreements. 20.08.030 Enforceability. 20.08.040 Approval procedure for development agreements. 20.08.050 Form of agreement, council approval, recordation. 20.08.060 Judicial appeal. 20.08.010 Authority and general provisions. A. The city may consider, and enter into, a development agreement with a person having ownership or control of real property within the city limits. The city may also enter consider a development agreement for real property outside of the city limit but within the urban growth area (UGA) as part of a proposed annexation or a service agreement. B. A development agreement shall be consistent with the applicable policies and goals of the city of Edmonds comprehensive plan and applicable development regulations. 20.08.020 General provisions of development agreements. A. A development agreement shall be consistent with the applicable policies and goals of the city of Edmonds comprehensive plan and applicable development regulations. As applicable, the development agreement shall specify the following: 1. Project components which define and detail the permitted uses, residential densities, nonresidential densities and intensities or building sizes; 2. The amount and payment of impact fees imposed or agreed to in accordance with any applicable provisions of state law, any reimbursement provisions, other financial contributions by the property owner, inspection fees, or dedications; 3. Mitigation measures, development conditions and other requirements of Chapter 43.21C RCW; 4, Design standards such as architectural treatment, maximum heights, setbacks, landscaping, drainage and water quality requirements and other development features; 5. Provisions for affordable housing, if applicable; 6. Parks and common open space preservation; Packet Page 327 of 602 Planning Board Public Hearing 6-9-10 43 7. Phasing; 8. A build-out or vesting period for applicable standards; and 9. Any other appropriate development requirement or procedure which is based upon a city policy, rule, regulation or standard. B. As provided in RCW 36.70B.170, the development agreement shall reserve authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 20.08.030 Enforceability. Unless amended or terminated, a development agreement is enforceable during its term by a party to the agreement. A development agreement and the development standards in the agreement govern during the term of the agreement, or for all or that part of the build-out period specified in the agreement. The agreement may not be subject to an amendment to a zoning ordinance or development standard or a new zoning ordinance or development standard or regulation adopted after the effective date of the agreement. The permit approval issued by the city after the execution of the agreement must be consistent with the development agreement. 20.08.040 Approval procedure for development agreements. A development agreement is a Type V development project permit application and shall be processed in accordance with the procedures established in this title. A development agreement shall be approved by the Edmonds city council after a public hearing. 20.08.050 Form of agreement, council approval, recordation. A. Form. All development agreements shall be in a form provided by the city attorney’s office. The city attorney shall approve all development agreements for form prior to consideration by the Planning Board. B. Term. Development agreements may be approved for a maximum period of five years. C. Recordation. A development agreement shall be recorded against the real property records of the Snohomish County assessor’s office. During the term of the development agreement, the agreement is binding on the parties and their successors, including any area that is annexed to the city. 20.08.060 Judicial appeal. Packet Page 328 of 602 Planning Board Public Hearing 6-9-10 44 If the development agreement relates to a project permit application, the provision of Chapter 36.70C RCW shall apply to the appeal of the decision on the development agreement. Packet Page 329 of 602 An a l y s i s o f A p p e a l D a t a Fo r t h e y e a r s 1 9 9 8 - 2 0 0 3 Ap p e a l D e c i s i o n s Co u n t % Ap p r o v e d A p p e a l 10 18 . 5 % De n i e d A p p e a l 44 81 . 5 % Su m 54 10 0 . 0 % Ye a r (A l l ) Co u n t o f A p p # Ap p e a l D e c i s i o n Ap p e a l B o d y Ap p r o v e d A p p e a l De n i e d A p p e a l Vo i d Wi t h d r a w n Gr a n d T o t a l All Decisions Ci t y C o u n c i l 4 6 1 2 13 1 8 . 1 % 1 8 . 5 % H. E . / C i t y C o u n c i l 1 8 9 1 2 . 5 % 1 6 . 7 % He a r i n g E x a m i n e r 5 30 2 13 50 69.4%64.8% Gr a n d T o t a l 10 44 3 15 72 100.0%100.0% 13 . 9 % 61 . 1 % 4. 2 % 20 . 8 % Ye a r (A l l ) Co u n t o f A p p # Or i g i n a l D e c i s i o n Ap p e a l B o d y Ap p e a l D e c i s i o n Ap p r o v e d De n i e d SE P A Gr a n d T o t a l All Decisions Ci t y C o u n c i l Ap p r o v e d A p p e a l 4 4 3 0 . 8 % 4 0 . 0 % De n i e d A p p e a l 5 1 6 4 6 . 2 % 6 0 . 0 % Vo i d 1 1 7 . 7 % W i t h d r a w n 1 1 2 1 5 . 4 % Ci t y C o u n c i l T o t a l 6 7 13 100.0%100.0% H. E . / C i t y C o u n c i l Ap p r o v e d A p p e a l 1 1 1 1 . 1 % 1 1 . 1 % De n i e d A p p e a l 8 8 8 8 . 9 % 8 8 . 9 % H. E . / C i t y C o u n c i l T o t a l 9 9 100.0%100.0% He a r i n g E x a m i n e r Ap p r o v e d A p p e a l 2 2 1 5 1 0 . 0 % 1 4 . 3 % De n i e d A p p e a l 16 4 10 30 6 0 . 0 % 8 5 . 7 % Vo i d 2 2 4 . 0 % W i t h d r a w n 10 3 13 2 6 . 0 % He a r i n g E x a m i n e r T o t a l 30 6 14 50 100.0%100.0% Gr a n d T o t a l 45 13 14 72 62 . 5 % 18 . 1 % 19 . 4 % Pa c k e t Pa g e 33 0 of 60 2 APPROVED Planning Board Minutes April 28, 2010 Page 10 a subcommittee to work on green business recognition, and perhaps it would be helpful to provide incentives for green businesses to locate in Edmonds. Mr. Clugston summarized that staff would prepare draft code language based on Option 2, including language to remove window signs from the number of signs allowed and the total sign area. He expressed his belief that allowing a business up to three signs would address situations where a business has multiple street frontages. CONTINUED REVIEW OF TITLE 20 PROCEDURES Mr. Clugston recalled that the Commission previously reviewed proposed amendments to Title 20 that would result in staff reassuming the public notice requirements for project applications. The current process, which makes applicants responsible for sending out public notice, is difficult for staff to administer. The intent of the proposed amendment is to bring this responsibility back into staff’s purview. They also reviewed amendments that would reorganize and clarify some portions of the text to make it flow better and make it easier to administer. Mr. Clugston recalled that the Board previously reviewed proposed amendments to update the permit type matrix to more accurately reflect what the City does. The Board pointed out that as a result of the City Council’s decision to hold closed- record appeals of quasi-judicial applications, all Type III-A permits identified in the matrix were changed to TYPE III-B permits. The Board suggested staff consider eliminating the Type III-A category. However, after further review, staff found there are still some processes that fall within the Type III-A permit category but have not been included in the matrix. For example, outdoor dining requires a conditional use permit, which can be reviewed by the Hearing Examiner if an applicant wants to exceed a certain threshold. This type of application is listed in the code language as a Type III-A Permit. Another example of a Type III-A Permit is the technology and practicality waiver for amateur radio antennas in single-family zones. The waiver provision allows an applicant to request a conditional use permit from the Hearing Examiner. Mr. Clugston suggested that these types of permits could be added to the matrix to make it clear there are still some Type III-A procedures. Board Member Reed agreed that these types of procedures should be listed on the matrix. He reminded the Board that the matrix is intended to be all-inclusive. Mr. Clugston said there are likely other procedures in the code that are not referenced on the matrix. The Board agreed it would be appropriate to reference all procedural types on the matrix. Mr. Clugston said that while the Board was generally satisfied with the proposed updates, they wanted to revisit the role of the Council in closed-record appeals. He reminded the Board that the proposed amendments incorporate the City Council’s recent decision regarding their role in closed-record appeals. At the request of the Board, staff provided a document (Attachment 1) outlining the pros and cons of City Council involvement in quasi-judicial decisions. They also provided summary documents (Attachment 2) from the Washington Cities Insurance Authority (WCIA) regarding municipal claims and losses, including those from land-use decisions. As per the Board’s request, staff provided an assessment of the numbers of closed-record appeals that have gone to the City Council and their outcome. He reported that since 2005, there have been six closed-record appeals heard by the City Council. Of those, one was remanded back to the Hearing Examiner and another was remanded to the Architectural Design Board. In each case, the decision maker reversed their original decision. There were three appeals where the City Council affirmed the Hearing Examiner’s decision and denied the appeal. There was also one appeal where the City Council reversed the Hearing Examiner’s decision and upheld the appeal. Chair Bowman observed that in recent years, there have not been a significant number of land use applications due to the poor economy. He suggested there were likely more quasi-judicial appeals in years prior to 2005. Mr. Chave explained that there are not typically a large number of appeals to the City Council regardless of activity levels. However, he agreed to provide the Board with information dating back to 1999. Mr. Clugston recalled the Board requested staff provide examples of how other jurisdictions deal with closed record appeals. He referred to Attachments 4 through 6, which outline how Mukilteo, Mountlake Terrace and Shoreline treat appeals. He summarized that some have closed record appeals to their City Council and some do not. Vice Chair Lovell requested information about how staff developed the list of pros and cons of City Council involvement in quasi-judicial decisions (Attachment 1). Mr. Chave said he was the author of the list, and the information came from Packet Page 331 of 602 APPROVED Planning Board Minutes April 28, 2010 Page 11 hearings that were conducted years ago on the role of the Hearing Examiner and City Council in decision making. He recalled that there was an extended period of public hearings regarding the matter. The document was prepared to encapsulate the arguments on both sides in a simple manner. Vice Chair Lovell said that after reading the document, he has a hard time understanding why anyone would support closed record appeals before the City Council. Board Member Reed recalled that the document was helpful in the Board’s previous discussions and was a key reason why they recommended 6-1 that a change be made. The City Council adopted the Board’s recommendation by a vote of 4-3. However, this decision was overturned by a new Council in 2010. Mr. Clugston agreed to prepare draft code language for the upcoming public hearing before the Board on June 9th. REVIEW OF EXTENDED AGENDA Mr. Chave advised that he has been working with the Chair and Vice Chair to make minor tweaks to the extended agenda as additional items come up. He complimented the Board for moving through the large number of items on their agenda. Chair Bowman reminded the Board that they previously discussed a desire to hold a retreat as soon as possible. The Board considered potential dates and directed staff to schedule the retreat for June 2nd at 6 p.m. in the Fourtner or Brackett Room of City Hall. PLANNING BOARD CHAIR COMMENTS Chair Bowman did not have any additional comments at this point of the meeting. PLANNING BOARD MEMBER COMMENTS Board Member Johnson announced that the Port of Edmonds would conduct a public open house on Wednesday, May 5th, from 6:00 to 9:00 p.m. in Building 2 at Harbor Square. Board Member Reed advised that the Port is considering the option of applying for a rezone for the Harbor Square Property. If they move forward with a rezone, the issue would come before the Board as a quasi-judicial public hearing. He cautioned the Board about the Appearance of Fairness Rules regarding quasi-judicial hearings. Board Member Johnson reported on her attendance at the April 21st Citizens Economic Development Commission (CEDC) meeting, where each of the four subcommittees provided the following report: Strategic Planning and Visioning Subcommittee: This group is meeting weekly to develop a recommendation to the City Council regarding why strategic planning is needed, what process should be developed, and what should be included in the plan. Technology Subcommittee: This group is focusing their efforts on a business plan for the City’s fiber optic capability. Land Use Subcommittee: This group has the responsibility of initiating neighborhood business center plans for Five Corners and Westgate to position the areas to attract redevelopment. They will ask the City Council to retain a consultant to work with City staff to facilitate a design and planning policy for the area that would result in forming design standards and facilitating a review process by November 1st. Tourism Subcommittee: The Google Corporation wants to invest a great deal of money in a super high-speed internet test case, and Edmonds is one potential site. The subcommittee went on a field trip to Portland and met with their mayor, who said their sustainability program drives all decision making in their city. Board Member Stewart said numerous people have expressed appreciation for Board Member Johnson’s willingness to attend the CEDC meetings on behalf of the Board. They appreciate the input she has provided, and feel it would be helpful for the Board to provide a consistent Board representative to attend the meetings. Board Member Johnson said that although she has not been appointed as a member of the CEDC, she serves as a Planning Board Liaison. She asked if it would be appropriate for her to let the CEDC know of upcoming Planning Board hearings. The Board agreed that would be appropriate. Packet Page 332 of 602 P a c k e t P a g e 3 3 3 o f 6 0 2 P a c k e t P a g e 3 3 4 o f 6 0 2 P a c k e t P a g e 3 3 5 o f 6 0 2 P a c k e t P a g e 3 3 6 o f 6 0 2 P a c k e t P a g e 3 3 7 o f 6 0 2 P a c k e t P a g e 3 3 8 o f 6 0 2 P a c k e t P a g e 3 3 9 o f 6 0 2 P a c k e t P a g e 3 4 0 o f 6 0 2 P a c k e t P a g e 3 4 1 o f 6 0 2 P a c k e t P a g e 3 4 2 o f 6 0 2 P a c k e t P a g e 3 4 3 o f 6 0 2 P a c k e t P a g e 3 4 4 o f 6 0 2 P a c k e t P a g e 3 4 5 o f 6 0 2 P a c k e t P a g e 3 4 6 o f 6 0 2 P a c k e t P a g e 3 4 7 o f 6 0 2 P a c k e t P a g e 3 4 8 o f 6 0 2 P a c k e t P a g e 3 4 9 o f 6 0 2 P a c k e t P a g e 3 5 0 o f 6 0 2 P a c k e t P a g e 3 5 1 o f 6 0 2 P a c k e t P a g e 3 5 2 o f 6 0 2 P a c k e t P a g e 3 5 3 o f 6 0 2 P a c k e t P a g e 3 5 4 o f 6 0 2 P a c k e t P a g e 3 5 5 o f 6 0 2 P a c k e t P a g e 3 5 6 o f 6 0 2 P a c k e t P a g e 3 5 7 o f 6 0 2 P a c k e t P a g e 3 5 8 o f 6 0 2 P a c k e t P a g e 3 5 9 o f 6 0 2 P a c k e t P a g e 3 6 0 o f 6 0 2 P a c k e t P a g e 3 6 1 o f 6 0 2 P a c k e t P a g e 3 6 2 o f 6 0 2 P a c k e t P a g e 3 6 3 o f 6 0 2 P a c k e t P a g e 3 6 4 o f 6 0 2 P a c k e t P a g e 3 6 5 o f 6 0 2 P a c k e t P a g e 3 6 6 o f 6 0 2 P a c k e t P a g e 3 6 7 o f 6 0 2 APPROVED Planning Board Minutes April 14, 2010 Page 8 The Board concurred and Board Member Reed noted that the other alternatives would be available to the public as part of the record. UPDATE ON TITLE 20 PROCEDURES Mr. Clugston reviewed that Title 20 was adopted by the City Council in June 2009. As staff has administered the new code over the past several months, they have identified several areas that need further refinement. He advised that the proposed amendments focus on the following: The majority of the changes are intended to better organize and/or clarify the language in an attempt to make it easier to use and administer. While staff had originally felt it would be a good idea for applicant’s to be responsible for providing notice, they have found it difficult to get applicants to do the notices correctly. Staff now believes it would be appropriate for the City to reassume the public noticing requirement, and they believe the change would result in a more efficient use of staff time and ensure that notice is handled consistently. Staff found that a number of permit descriptions and types identified in the matrix in Section 20.01.003.A do not actually exist in the City or they are called something else. They reviewed the chart and made changes to more accurately describe the City’s current processes. Mr. Clugston referred to Section 20.01.000, which is a new section outlining the purpose and intent of Title 20. Staff believes it is important to identify the purpose of Title 20 upfront. Board Member Reed referred to the proposed amendments to the decision matrix and noted that all Type III-A decisions have been eliminated from the matrix. Mr. Clugston agreed and explained that the City Council recently made the decision to change the permits that were identified as Type III-A decisions to Type III-B decisions, allowing the applications to come before the City Council for closed record reviews. He said staff tried to identify all the relevant permit types on the matrix, but they may have missed some that could fit into the Type III-A category. Board Member Reed explained that the City Council enacted an ordinance on January 5th that placed the City Council back into the decision-making process for certain items. These items were moved from Type III-A decisions to Type III-B decisions. The procedures for Type III-B decisions were not changed; as currently written, there is a provision for closed record reviews before the City Council. Board Member Stewart referred to Section 20.07.005.H, which allows the City Council to determine whether a decision by a hearing body/officer is clearly erroneous given the evidence in the record. After a closed record review, the City Council could affirm, modify or reverse the decision accordingly. She asked if this process has always been the case in the City of Edmonds. Mr. Clugston answered that this process was used previously by the City for many types of permits. When Title 20 was updated in June of 2009, a number of appeals were moved to the Hearing Examiner or Superior Court rather than to the City Council. However, in a recent action, the City Council decided to once again assume this responsibility some types of permits. Board Member Stewart asked if the City Council is in the position to do all of the necessary research to make an informed decision. She observed that the Hearing Examiner puts a lot of time into the process, and it appears the new process would allow his or her work to be undone too easily. Mr. Clugston advised that when amendments were presented to the City Council in early 2009, the City Attorney advised that they should move away from having closed record appeals. Instead, they should utilize the services of a Hearing Examiner (an independent body) to make these decisions. He recalled that when Title 20 was approved in 2009, it was a very contentious issue. When the new City Council was put in place in January 2010, this change was one of their first tasks. Vice Chair Lovell referred to Section 20.07.006 and expressed his belief that the currently-approved process has the potential of becoming quite a legal struggle. If the applicant or party of record does not like the City Council’s decision, they can take an issue to Superior Court for adjunctive relief. In these cases, the City Council would no longer be in the loop. Mr. Clugston agreed the current process offers an additional level of judicial appeal. Vice Chair Lovell noted that the process could be costly for either the City or the applicant. Chair Bowman agreed and said that was one of the Board’s original concerns when they forwarded their recommendation to the City Council in 2009. Packet Page 368 of 602 APPROVED Planning Board Minutes April 14, 2010 Page 9 Board Member Cloutier asked staff to share information about how many appeals went to the City Council in the last several years under the old Title 20 and what the outcomes were. He questioned if there were unsatisfactory outcomes that drove the City Council to make a change in June of 2009. If so, he questioned if this information was conveniently forgotten when the City Council made their most recent decision to go back to closed record reviews. Mr. Clugston said that if the proposed changes appear reasonable to the Board, staff would prepare them in final form for a public hearing in the near future. He agreed to provide information about appeals and their outcomes. The Board suggested it would also be appropriate for staff to solicit information from other jurisdictions that use a similar review procedure. They further requested information about the City Attorney’s position on the matter. Board Member Johnson suggested that because there are no permits listed in the Type III-A category, perhaps it could be eliminated and Type III-B permits could be changed to Type III permits. Mr. Clugston agreed that could be possible, but he suggested staff review the permit types again to make sure there are none that would fall within the Type III-A category before it is eliminated. The Board agreed that if the Type III-A category is not used, it should be deleted. DISCUSSION OF SIGN CODE (ECDC 20.60) RESTRICTIONS ON NUMBERS OF SIGNS PER SITE IN COMMERCIAL ZONES Mr. Clugston advised that the sign code was last updated three or four years ago, and the purpose of the current discussion is to consider just one specific change to ECDC 20.60.025.A(4). He explained that, as currently written, the maximum number of permitted permanent signs is three per site, or one per physically enclosed business space on commercial sites with multiple business tenants, whichever is greater. In addition, the total sign area of all signs permitted on site must also comply with the maximum total permanent sign area specified in the chapter. He advised that for a stand-alone business on a site by itself, the maximum sign provision has been workable, allowing the business a total of three signs of whatever types are permitted in the area. However, the provision has been difficult to implement in many instances on sites with multiple tenants. While wanting to minimize the total number of signs at a multi-tenant site is not unreasonable, it is uncertain why there is a difference between the number of signs allowed on an individual site as opposed to a multi-tenant site. He noted there are a variety of design standards for signs in the Development Code and Comprehensive Plan to control the appearance of individual signs in addition to the size and location requirements of Section 20.60. These standards apply to all business and commercial sites. He said staff is recommending the Board consider the following two options: Option 1. Remove the maximum number of permitted signs in business and commercial zones by striking ECDC 20.60.025.A(4). In this case, each business would have a maximum amount of sign area to divide up into the number of signs they felt appropriate. The type, size and design of the signs would be limited by the provisions of ECDC 20.60 and the applicable design standards. Option 2. Continue but extend the three signs rule to provide additional flexibility in how multi-tenant sites are addressed. The maximum number of permitted permanent signs would be three per site, or three per physically-enclosed business space on commercial sites with multiple business tenants. Multi-tenant sites would be allowed an additional group sign identifying the individual subtenants at the site. This option would allow up to three signs per business regardless of location and would provide for a directory-type sign for multi-tenant sites. The maximum total permanent sign area allowed would not be changed. Chair Bowman observed that commercial signs are fairly self limiting because of their cost. It is important that the City use common sense when dealing with multi-tenant sites. He noted that if a change is implemented and found to be undesirable, the Board could recommend additional changes to address the issues. He summarized that because of the high cost for signs and the existing limitations on square footage, he felt comfortable with the either of the options proposed by staff. He noted that temporary signs are the most significant concern in the downtown at this time. Mr. Clugston agreed that the Board will need to address temporary signs at some point in the future, but the intent of the proposed change is to address permanent signs on multi-tenant sites, only. He shared several examples of how the proposed new language could be applied to various sites throughout the City. Packet Page 369 of 602 P a c k e t P a g e 3 7 0 o f 6 0 2 P a c k e t P a g e 3 7 1 o f 6 0 2 P a c k e t P a g e 3 7 2 o f 6 0 2 P a c k e t P a g e 3 7 3 o f 6 0 2 P a c k e t P a g e 3 7 4 o f 6 0 2 P a c k e t P a g e 3 7 5 o f 6 0 2 P a c k e t P a g e 3 7 6 o f 6 0 2 P a c k e t P a g e 3 7 7 o f 6 0 2 P a c k e t P a g e 3 7 8 o f 6 0 2 P a c k e t P a g e 3 7 9 o f 6 0 2 P a c k e t P a g e 3 8 0 o f 6 0 2 P a c k e t P a g e 3 8 1 o f 6 0 2 P a c k e t P a g e 3 8 2 o f 6 0 2 P a c k e t P a g e 3 8 3 o f 6 0 2 P a c k e t P a g e 3 8 4 o f 6 0 2 P a c k e t P a g e 3 8 5 o f 6 0 2 P a c k e t P a g e 3 8 6 o f 6 0 2 P a c k e t P a g e 3 8 7 o f 6 0 2 P a c k e t P a g e 3 8 8 o f 6 0 2 P a c k e t P a g e 3 8 9 o f 6 0 2 P a c k e t P a g e 3 9 0 o f 6 0 2 P a c k e t P a g e 3 9 1 o f 6 0 2 P a c k e t P a g e 3 9 2 o f 6 0 2 P a c k e t P a g e 3 9 3 o f 6 0 2 P a c k e t P a g e 3 9 4 o f 6 0 2 P a c k e t P a g e 3 9 5 o f 6 0 2 P a c k e t P a g e 3 9 6 o f 6 0 2 P a c k e t P a g e 3 9 7 o f 6 0 2 P a c k e t P a g e 3 9 8 o f 6 0 2 P a c k e t P a g e 3 9 9 o f 6 0 2 P a c k e t P a g e 4 0 0 o f 6 0 2 P a c k e t P a g e 4 0 1 o f 6 0 2 P a c k e t P a g e 4 0 2 o f 6 0 2 P a c k e t P a g e 4 0 3 o f 6 0 2 P a c k e t P a g e 4 0 4 o f 6 0 2 P a c k e t P a g e 4 0 5 o f 6 0 2 P a c k e t P a g e 4 0 6 o f 6 0 2 P a c k e t P a g e 4 0 7 o f 6 0 2 P a c k e t P a g e 4 0 8 o f 6 0 2 P a c k e t P a g e 4 0 9 o f 6 0 2 P a c k e t P a g e 4 1 0 o f 6 0 2 P a c k e t P a g e 4 1 1 o f 6 0 2 P a c k e t P a g e 4 1 2 o f 6 0 2 P a c k e t P a g e 4 1 3 o f 6 0 2 Edmonds City Council Approved Minutes August 16, 2010 Page 8 the subdivision code and wanted to ensure a future PRD was not able to use the perimeter buffer as their setback. Mr. Snyder clarified the Council had already addressed the loophole via the interim ordinance. He suggested adding to the motion a request for staff and the Planning Board to provide a calendar and work plan. He clarified a PRD submitted in the next six months could not take advantage of that loophole. Council President Bernheim responded he did not want the Planning Board to provide their work plan; he wanted to direct them to act in an expedited manner to return to the Council without delay with the necessary steps to take action on the perimeter buffer. MOTION CARRIED (4-1). 6. AUDIENCE COMMENTS Roger Hertrich, Edmonds, commented he enjoyed the Taste of Edmonds but feared the beer garden was creating a public nuisance and creating liability for the City and the Chamber. His understanding was that Washington State law prohibited a person who is obviously intoxicated from being served but that that was not observed at the Taste of Edmonds. When the Taste of Edmonds closes, several intoxicated individuals appear downtown, posing a danger to themselves and the public. He witnessed a highly intoxicated middle aged man who attempted to enter several establishments. The police were called and the man was later tazered and fell, injuring his head. The police responded quickly due to emphasis patrols in the area but the aid unit took a long time to arrive. 7. DISCUSSION ON THE PROPOSED UPDATES TO LAND USE PERMIT REVIEW PROCEDURES CONTAINED IN THE EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) CHAPTERS 20.01 THROUGH 20.08, EXCLUDING 20.05, WHICH INCLUDE STAFF REASSUMING THE PUBLIC NOTICE REQUIREMENTS FOR PROJECT APPLICATIONS; REORGANIZING AND CLARIFYING PORTIONS OF TEXT; AND UPDATING THE PERMIT TYPE MATRIX IN ECDC 20.01.003.A. (FILE NO. AMD20100013) Planner Michael Clugston explained the Planning Board’s recommended several updates to the Land Use Permit Administration procedures in Title 20. Following the Council’s adoption of changes to the Land Use Permit Administration Procedures in June 2009, staff recognized several issues that required further refinement. Since June 2009 the Council passed two interim ordinances reintroducing Council review in closed record appeals. Those changes are included in the ordinance the Planning Board recommended to the Council. Other changes include staff reassuming public notice requirements for project permit applications. The changes adopted in June 2009 made applicants responsible for notification. In practice, staff found it took more time to help applicants with the process of notification than it had taken previously when staff was responsible for notification. Other changes include reorganizing and clarifying text to make it more user friendly. The permit matrix in ECDC 20.01.003 was updated to reflect the two interim ordinances passed by Council in January 2010 as well as other minor changes to clarify language in the permit table. Mr. Clugston explained the language passed in June 2009 included a 90-day time period for applicants to submit all required information as part of a complete application. There have been several instances when the 90-day period does not provide enough flexibility for applicants and they have requested an extension of the 90-day period. The code previously did not allow for an extension. The proposed ordinance adds the ability to request a 90-day extension via a written request. The final change is a draft Environmental Impact Statement (EIS) had been included as a Type III-B action in the permit matrix. A draft EIS is not a permit but a factual document and there are separate written hearing requirements found elsewhere in the ECDC and State regulations and it is not appropriate to include in the land use matrix. Packet Page 414 of 602 Edmonds City Council Approved Minutes August 16, 2010 Page 9 Mr. Clugston summarized the intent of the changes is to make the code easier to use and administer and return the permit types to the way they existed before the Council’s June 2009 decision to reflect the interim ordinances the Council passed earlier this year. Observing no comment/questions from the Council, City Attorney Scott Snyder advised staff would put the proposal in ordinance form in preparation for a public hearing. Council President Bernheim observed there were a number of proposed changes, most of which are technical amendments. He agreed with scheduling the ordinance for a public hearing. It was the consensus of the Council to schedule a public hearing. 8. DISCUSSION REGARDING SNOHOMISH COUNTY PUD FRANCHISE AND POTENTIAL COOPERATION ON FIBER INSTALLATION. Mayor Cooper reported staff and he along with the City Attorney met with Snohomish County PUD management and an engineer. He recognized Chris Heimgartner, Snohomish County PUD, in the audience. The intent of this item was to brief the Council on those discussions and seek direction. City Attorney Scott Snyder explained the Citizens Technology Advisory Committee plans to provide a presentation to the Council next week regarding fiber optics. Snohomish County PUD is in the process of stringing fiber optic cable throughout Snohomish County as part of their Smart grid. Some of their installations in Edmonds are in areas where the City would like to install fiber as well. The PUD made an offer following their meeting to cooperate in the contracting process to allow the installation of City fiber in areas where the City planned to make that investment. He requested feedback from the Council regarding whether they wanted staff to proceed with obtaining estimates and present it to the Council as a contract on a future agenda. In the course of this discussion, staff discovered the only electricity franchise the City has granted expired in 1967. The issue has come up from time to time but there is no new money involved, only the cost of negotiation. The City and PUD have treated the expired franchise as though it were an existing franchise. Existing public utilities with franchises have access to the City’s expedited permit review procedures. In negotiating franchises with Comcast and Verizon, profit-making organizations, the City sought concessions, payment or access as compensation. There is no executive session privilege for a public franchise. He sought the Council’s input regarding a liaison or a mechanism for Council to advise the Mayor and staff during discussion with the PUD. CIO Carl Nelson explained the City had a design for a fiber optics network done a few years ago. He displayed a map illustrating the City’s current fiber and where PUD is proposing to install fiber in Phase 2. The proposal is as PUD builds their network and their contractors is in the area, they will assist with expediting the City’s placement of fiber on the poles along those routes. He identified PUD substations on the map; their ultimate plan is to interconnect all their substations with fiber. Snohomish County PUD has offered to assist the City with stringing fiber while they are in the area in order to get the best cost. Chris Heimgartner, Assistant General Manager, Snohomish PUD, explained he is in charge of all construction and engineering for the utility. They will have contractors in the area doing installation and via a single setup. There should be opportunities for cost savings compared to the City contracting separately for this work. The City’s Public Works Director Phil Williams also requested consideration be given to antenna space to determine if there is an opportunity for the City to establish sites. Mr. Snyder commented the City’s fiber effort includes establishing the City’s own Smart grid for water meter reading. Packet Page 415 of 602 AM-3375   Item #: 4. City Council Meeting Date: 09/21/2010 Time:30 Minutes   Submitted For:Bertrand Hauss Submitted By:Megan Cruz Department:Engineering Review Committee: Community/Development Services Committee Action: Type:Action  Information Subject Title Public Hearing for the Six-Year Transportation Improvement Program (2011-2016). Recommendation from Mayor and Staff Approve the Six Year Transportation Improvement Program and adopt the Resolution. Previous Council Action On September 14, 2010, the 2011-2016 TIP was presented to the CSDS Committee. Narrative The Six Year Transportation Improvement Program (TIP) is a transportation planning document that identifies funded, partially funded, and unfunded projects that are planned or needed over the next six calendar years. The TIP also identifies the expenditures and secured or reasonably expected revenues for each of the projects included in the TIP.  RCW 35.77.010 and 36.81.121 require that each city update and adopt their TIP prior to adoption of the budget. A copy of the adopted TIP will be submitted to the Puget Sound Regional Council and Washington State Department of Transportation.  Potential funding sources for projects in the TIP are secured grants, unsecured grants that may be awarded in the future and local funds. However, due to a shortfall in transportation funding, the TIP includes potential revenue from the Transportation Benefit District (TBD) beginning in year 2014. The TIP is required to be financially constrained the first three years but isn’t required to be financially constrained the last three years. This future TBD revenue is based on a $40 increase to the current $20 vehicle license fee (approved by the TBD Board in 2009), an increase that will be on the ballot in November. The TBD revenue is currently the only funding source for many projects listed in this document, such as: - 238th Street SW @ 100th Avenue Signal Upgrades - Main Street @ 3rd Avenue Signal Upgrades - 76th Avenue W @ 212th Street SW Intersection Upgrades - Main Street @ 9th Avenue Intersection Improvements (interim solution) - Walnut Street @ 9th Avenue Intersection Improvements (interim solution) - 76th Avenue W @ 220th Street SW Intersection Improvements - Madrona Elementary School Walkway - Maplewood Drive Walkway - Traffic Calming Program Packet Page 416 of 602 A number of unsecured State and Federal transportation grants have been programmed in the TIP. Most transportation grants are competitive, and our future success in securing grants will depend on other transportation needs and funding requests in the region. Staff recommends that Council approve the Six-Year Transportation Improvement Program and adopt the Resolution.  Attachments Attachment 1-Six-Year TIP Attachment 2-Resolution Form Review Inbox Reviewed By Date Engineering Robert English 09/16/2010 03:39 PM Public Works Sandy Chase 09/16/2010 03:46 PM City Clerk Sandy Chase 09/16/2010 03:46 PM Community Services/Economic Dev.Stephen Clifton 09/16/2010 03:53 PM Final Approval Sandy Chase 09/16/2010 04:24 PM Form Started By: Megan Cruz Started On: 09/15/2010 04:06 PM Final Approval Date: 09/16/2010  Packet Page 417 of 602 City of Edmonds Six-Year Transportation Improvement Program (2011-2016) Page 1 Grant Opportunity Project (2011-2016) Project Name Purpose Grant/Date Phase Total Cost Source 2011 2012 2013 2014 2015 2016 Preservation/Maintenance Projects: Annual Street Overlays Grind pavement, overlay Engineering $0 (Federal) Possible TBD & $0 (State) Construction $1,500,000 (TBD, unsecured)$500,000 $500,000 $500,000 City Wide Pavement maintenance to Engineering $0 (Federal) Street improvements increase roadway life Local Funds Only & $0 (State) Construction $22,500 (Local)$7,500 $7,500 $7,500 Citywide Upgrades to existing signals, for $0 (Federal) Signal Improvements maintenance & technology, update existing traffic signal Local Funds Only Construction $0 (State) cabinet elements for maintenance and technology $15,000 (Local)$5,000 $5,000 $5,000 Signal - Cabinet Improvements $0 (Federal) Upgrade cabinets citywide - conflict monitors, constrollers Local Funds Only Construction $0 (State) $20,000 (Local)$5,000 $5,000 $5,000 $5,000 238th @ 100th Av. Signal Upgrades Rebuild signal system Engineering $0 (Federal) and install video detection Possible TBD &$0 (State) Construction $500,000 (TBD, unsecured)$500,000 Dayton St. Overlay Overlay of Dayton St. from Engineering $0 (Federal) SR-104 to the railroad tracks due to poor quality of Local Funds Only & $90,000 (Local, Fund 412)$90,000 the pavement Construction $30,000 (Local)$30,000 Safety / Capacity Analysis: 212th/84th (5 Corners)Design intersection improvement Engineering $0 (Federal) Intersection Improvements Possible Grant $247,000 (State, unsecured)$247,000 $39,000 (Local, Traffic Impact Fees)$39,000 ROW acquisition ROW $0 (Federal) $216,000 (State, unsecured)$216,000 & $34,000 (Loca, Traffic Impact Feesl)$34,000 Construct intersection improvements Construction $0 (Federal) Local Funds $1,730,000 (State, unsecured)$1,730,000 $270,000 (Local) $270,000 SR 524 (196th St. SW)/Design intersection improvement Possible Grant Design $0 (Federal) 88th Ave W. Intersection $50,000 (State, unsecured)$50,000 Improvements $50,000 (Local, traffic impact fees)$50,000 ROW acquisition &ROW $0 (Federal) $81,500 (State, unsecured)$81,500 Local Funds $81,500 (Local)$81,500 Construct intersection improvements Construction $0 (Federal) $308,000 (State, unsecured)$308,000 $308,000 (Local)$308,000 Main St. @ 3rd Signal Upgrade Engineering $0 (Federal) Upgrade traffic signal Possible TBD &$0 (State) Construction $153,000 (TBD, unsecured)$153,000 Puget Dr. @ OVD Signal Upgrades Possible grant Engineering $0 (Federal) Upgrade traffic signal &&$130,000 (State, unsecured)$20,000 $110,000 Local Funds Construction $128,000 (Local)$20,000 $108,000 Main St. @ 9th Av. S Restriping of 9th Av. S to (2) northbound Engineering $0 (Federal) (Interim Solution)and southbound lanes (ex conditions: 1 lane for Possible TBD & $0 (State) each approach) Construction $10,000 (TBD, unsecured)$10,000 76th Av. W @ 212th St. SW Intersection Re-design intersection to make traffic signal work $0 (Federal) Improvements more efficiently and improve the capacity / level Engineering $0 (State) of service of the intersection.$250,000 (TBD, unsecured)$250,000 ROW acquisition $0 (Federal) Possible TBD ROW $0 (State) $600,000 (TBD, unsecured)$600,000 Construct intersection improvements Construction $0 (Federal) $0 (State) $2,040,000 (TBD, unsecured)$2,040,000 Packet Page 418 of 602 City of Edmonds Six-Year Transportation Improvement Program (2011-2016) Page 2 Grant Opportunity Project (2011-2016) Project Name Purpose Grant/Date Phase Total Cost Source 2011 2012 2013 2014 2015 2016 Walnut St. @ 9th Av. S Restriping of 9th Av. S to (2) northbound Engineering $0 (Federal) (Interim Solution)and southbound lanes (ex conditions: 1 lane for Possible TBD &$0 (State) each approach) Construction $10,000 (TBD, unsecured)$10,000 220th St. SW @ 76th Av. W Reconfigure eastbound lanes to a left turn lane and a Engineering $0 (Federal) Intersection Improvements through lane. Change EB and WB phases to provide Possible TBD &$0 (State) protected/permissive LT and Right turn overlap for WB.Construction $173,000 (TBD, unsecured)$173,000 Grant Engineering $307,000 (Federal, secured)$232,000 $75,000 228th St. SW. Corridor Safety Realign highly skewed intersection $0 (State) to address safety and improve operations;&$89,000 (Local)$78,000 $11,000 includes new signal @ SR99/228th ROW $229,000 (Federal, secured)$229,000 Local Funds $36,000 (Local)$36,000 Improvements Possible TBD Construction $2,986,000 (Federal, unsecured)$2,986,000 &$0 (State) Possible Grant $466,000 (TBD, unsecured)$466,000 Arterial Street Signal Coordination Coordinate the traffic signals within 1/2 mile of each other Engineering $0 (Federal) Improvements along 76th Av. W, 212th St. SW, and 220th St. SW Local Funds Only & $0 (State) Construction $50,000 (Local)$50,000 Non-motorized Pedestrian/Bicycle Projects: Interurban Trail - 244th to 228th Pave, sign, and connect regional segment from Shoreline Grant $750,000 (Federal, secured)$750,000 to Mountlake Terrace & Construction $577,000 (State, secured)$577,000 Local Funds $0 (Local, Fund 125)) Main St. Pedestrian Lighting from 5th Av.Improve street lighting for pedestrian safety on Engineering $725,000 (Federal, secured)$115,000 $610,000 to 6th Av.Main St. between 5th Av. and 6th Av.Possible Grant & $0 (State) Construction $0 (Local) 80th Av. W from 188th St. SW to Provide safe and desirable route to Possible Safe Engineering $0 (Federal) Olympic View Dr. Walkway Routes to &$777,000 (State, unsecured)$30,000 $100,000 $647,000 Seaview Elementary and parks. School grant Construction $0 (Local) Madrona Elementary School Walkway Improve pedestrian safety with installation of new Engineering $0 (Federal) Possible TBD & $0 (State) crosswalks to gain easy access to school. Construction $2,115,000 (TBD, unsecured)$440,000 $1,675,000 2nd Av. S from James St. to Main St.Engineering $0 (Federal) Walkway Provide safe sidewalk along short missing link Possible TBD &$0 (State) Construction $32,000 (TBD, unsecured)$32,000 Maple St from 7th to 8th Av. Walkway Engineering $0 (Federal) Provide safe sidewalk along short missing link Possible TBD &$0 (State) Construction $63,000 (TBD, unsecured)$63,000 Dayton St. from 7th Av. S to 8th Av. S Engineering $0 (Federal) Walkway Provide safe sidewalk along short missing link Possible TBD & $0 (State) Construction $79,000 (TBD, unsecured)$79,000 Shell Valley Emergency Access Provide emergency access to Shell Valley,Grant Engineering $0 (Federal) coming from Main St.& &$250,000 (State, secured)$250,000 Local Funds Construction $243,500 (Local, Fund 412)$236,500 $7,000 226th St. SW Walkway Provide safe pedestrian missing link between SR-104 and Federal $139,000 (Federal, secured)$139,000 105th Pl. W, creating safer access to Construction $0 (State) Sherwood Elementary and residential neighbhoods. Safety Grant $0 (Local) ADA Curb Ramps Improv.Construct ADA compliant curb ramps where Possible TBD Engineering $0 (Federal) Citywide (Transition Plan)&&$225,000 (Local) $75,000 $75,000 $75,000 facilities do not exist or don't meet current standards Local Funds Construction $225,000 (TBD, unsecured)$75,000 $75,000 $75,000 Bicycle Route Signing Install signate indicate (3) different bike City loops. Construction $0 (State) Possible TBD $0 (Local) $30,000 (TBD, unsecured)$10,000 $10,000 $10,000 Maplewood from Main St. to Provide safe sidewalk, connecting to ex. sidewalk on 200th Engineering $0 (Federal) 200th St. SW Walkway Possible TBD &$0 (State) St. SW linking to Maplewood Elementary School.&$675,000 (TBD, unsecured)$125,000 $550,000 Meadowdale Beach Rd Walkway $0 (Federal) Provide safe sidewalk along missing link between Possible TBD Engineering $0 (State) 76th Av. W and Olympic View Dr. $190,000 (TBD, unsecured)$190,000 Wanut St. from 3rd Av. to 4th Av. Engineering $0 (Federal) Walkway Provide safe sidewalk along short missing link Possible TBD & $0 (State) Construction $220,000 (TBD, unsecured)$220,000 Walnut St. from 6th Av. to 7th Av.Engineering $0 (Federal) Walkway Provide safe sidewalk along short missing link Possible TBD &$0 (State) Construction $110,000 (TBD, unsecured)$110,000 Packet Page 419 of 602 City of Edmonds Six-Year Transportation Improvement Program (2011-2016) Page 3 Grant Opportunity Project (2011-2016) Project Name Purpose Grant/Date Phase Total Cost Source 2011 2012 2013 2014 2015 2016 4th Av. Corridor Enhancement Engineering $1,125,000 (Federal, unsecured)$25,000 $100,000 $1,000,000 Walkway Create more attractive and safer corridor along 4th Av.Possible Grant &$0 (State) Construction $150,000 (Local, Fund 125)$50,000 $100,000 Pedestrian Countdown Signal -Install flashing countdown indicating the number of seconds Engineering $0 (Federal) Citywide remaining in Flashing Don't Walk Operation Local Funds Only & $0 (State) at all signalized intersections w/ pedestrian phases Construction $30,000 (Local)$10,000 $10,000 $10,000 Traffic Calming Projects: Residential Neighborhood Traffic cirlces, speed humps,Design $0 (Federal) Traffic Calming "Your Speed" signs, etc.Possible TBD &$0 (State) Construction $125,000 (TBD, unsecured)$50,000 $50,000 $25,000 Traffic Planning Projects: Transportation Plan Update Engineering $0 (Federal) Update Transportation Plan in 2015, as required by GMA Local Funds Only &$0 (State) Planning $200,000 (Local)$200,000 Total $22,305,000 $2,602,500 $803,000 $917,000 $6,110,500 $3,728,500 $8,143,500 Total Federal (Secured)$1,236,000 $685,000 $229,000 $0 $0 $0 Total Federal (Unsecured)$25,000 $0 $0 $3,086,000 $1,000,000 $0 Total State (Secured)$827,000 $0 $0 $0 $0 $0 Total State (Unsecured)$30,000 $100,000 $647,000 $297,000 $317,500 $2,148,000 Total (TBD, unsecured)$0 $0 $0 $2,386,000 $1,973,000 $5,207,000 Total Local Fund $484,500 $18,000 $41,000 $341,500 $438,000 $788,500 Total Local (Fund 112)$108,000 $11,000 $41,000 $152,500 $404,000 $788,500 Total Local (Fund 125) $50,000 $0 $0 $100,000 $0 $0 Total Fund (Fund 412) $326,500 $7,000 $0 $0 $0 $0 Total Local (Traffic Impact Fees)$0 $0 $0 $89,000 $34,000 $0 Packet Page 420 of 602 - 1 - RESOLUTION NO. ______ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, APPROVING THE 2011-2016 TRANSPORTATION IMPROVEMENT PROGRAM (TIP) AND DIRECTING FILING OF THE ADOPTED PROGRAM WITH THE WASHINGTON STATE DEPARTMENT OF TRANSPORTATION. WHEREAS, RCW 35.77.010 and 36.81.121 require that each city and town is required to adopt a Transportation Improvement Program (TIP) and file a copy of such adopted program with the Washington State Department of Transportation (WSDOT); and WHEREAS, the TIP identifies all planned projects over the next 6 years, along with the appropriate funding source; now, therefore, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. The Transportation Improvement Program is hereby adopted pursuant to the requirements of RCW 35.77.010 and 36.81.121 to be effective on September 21, 2010 and to continue in full force and effect until amended. A copy of such Transportation Improvement Program for the years 2011 to 2016 is attached hereto as Exhibit A and incorporated by this reference as fully as if herein set forth. Section 2. The City Clerk is hereby requested and directed to file a certified copy of the Transportation Improvement Program with the Washington State Department of Transportation. Packet Page 421 of 602 - 2 - RESOLVED this ___ day of ________________, 2010. APPROVED: MAYOR, MIKE COOPER ATTEST/AUTHENTICATED: CITY CLERK, SANDRA S. CHASE FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: RESOLUTION NO. Packet Page 422 of 602 AM-3377   Item #: 6. City Council Meeting Date: 09/21/2010 Time:10 Minutes   Submitted For:Councilmembers Plunkett and Buckshnis Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Information  Information Subject Title Presentation regarding 2010 Citizen Levy Committee. Recommendation from Mayor and Staff Previous Council Action Council endorsed the 2010 Citizen Levy Committee on May 25, 2010 Narrative City Council hereby directs the 2010 Citizens Levy Committee as follows: 2010 Citizen Levy Committee shall work with the guidance of the City of Edmonds Finance Committee. The Levy Committee shall report to the Finance Committee at least – but not limited to – once per month. Council members may, from time-to-time, serve as ex-official members (no voting authority) to the 2010 Citizen Levy Committee. Tonight there will be some presentations based on issues addressed during the levy committee meetings. 2010 Citizen Levy Committee shall consider: AUGMENT THE GENERAL FUND The 2010 Citizen Levy Committee shall help determine what aspects of the city’s General Fund should be augmented. Areas such: looking at General Fund augmentation, reviewing each department and their capacity, or separating out areas like parks and recreation or public works to form a separate levy.  Should a General Fund levy have precedent over capital targets of opportunity, and if so what and why?  The levy committee shall take into account past levy information and work from new developing information as the city budget for 2010 is being prepared and from the final 2010 budget for potential augmentation. CAPITAL TARGETS OF OPPORTUNITY The Levy Committee should also consider (but not be limited to) capital targets of opportunity such as Yost Pool, Senior Center, Edmonds Woodway, and Civil Play Field (etc.) and determine if capital acquisition projections should be considered as part of a levy.  Questions could be: What are the targets of opportunity? Would they require a separate ballot proposition Packet Page 423 of 602 separate from a General Fund levy and be utilized by using a bond? What would be the costs? Can the targets of opportunity be part of the same ballot proposition with General Fund levy? PUBLIC PARTICIPATION The 2010 Citizen Levy Committee will hold public hearings at every meeting when practicable and – at the direction of Council President – participate in public meetings with the City Council as budget is being developed in 2010. Attachments:   Presentation by Councilwoman Diane Buckshnis Presentation by Jessie Beyer, 2010 Citizen Levy Committee Member Attachments Buckshnis Presentation Beyer Presentation Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/16/2010 11:24 AM Community Services/Economic Dev.Stephen Clifton 09/16/2010 11:47 AM Final Approval Sandy Chase 09/16/2010 12:00 PM Community Services/Economic Dev.Stephen Clifton 09/16/2010 03:18 PM Final Approval Sandy Chase 09/16/2010 03:30 PM Form Started By: Jana Spellman Started On: 09/16/2010 09:53 AM Final Approval Date: 09/16/2010  Packet Page 424 of 602 Wh a t w e s h o u l d u n d e r s t a n d ab o u t B u d g e t A m e n d m e n t s ? Ba s e d o n G o v e r n m e n t a l F i n a n c e O f f i c e rs A s s o c i a t i o n ’ s S t a n d a r d s ( G F O A ) an d r e s e a r c h b a s e d o n c i t y w e b s i t e a n d d i s c u s s i o n s w i t h o t h e r F i n a n c e Di r e c t o r s a n d i n s t r u c t o r f o r t h e A s s o ci a t i o n o f W a s h i n g t o n C i t i e s ( A W C ) Pr e s e n t e d b y : C o u n c i l w o m a n D i a n e B u c k s h n i s a t th e 9 / 2 1 / 2 0 1 0 C o u n c i l M e e t i n g 1 Pa c k e t Pa g e 42 5 of 60 2 Ci t y C o u n c i l p a s s e d O r d i n a n c e 3 7 8 9 an d R e s o l u t i o n 1 2 6 6 - m a j o r i t e m s a r e : • C h a n g e i n M o n t h l y G e n e r a l F u n d R e p o r t s (G F O A re c o m m e n d e d s t a n d a r d s o f r e p o r t i n g a c t u a l G F d o l l a r c o m p a r i s o n t o bu d g e t a r y i t e m s w i t h n e t b a l a n c e s t o e a s i l y r e c o n c i l e w i t h g r a p h i c s ). • T i m e l i n e s s o f R e p o r t i n g t o F i n a n c e a n d C o u n c i l a n d pl a c e m e n t o f r e p o r t s o n w eb s i t e f o r c i t i z e n r e v i e w . • Q u a r t e r l y r e p o r t s t o h a v e n a r r a t i v e d i s c u s s i n g t r e n d s , dr i v e r s a n d a s s u m p t i o n s . • P r o p e r l a b e l i n g o n d o c u me n t s w i t h p a g e n u m b e r s a n d pr o p o s e d b u d g e t a m e n d m e n t s a r e to b e p a r t o f m o n t h l y Fi n a n c e M e e t i n g s . It i s a N E W D A Y i n P u b l i c F i n a n c e ! ! ! 2 Pa c k e t Pa g e 42 6 of 60 2 So m e B a c k g r o u n d : • L e g i s l a t i v e b o d y g r a n t s au t h o r i t y t o A d m i n i s t r a t i v e b o d y . • O n c e g r a n t e d - A d m i n i s t r a t i v e c a n s p e n d ap p r o p r i a t i o n s u p t o b u d g e t . • A p p r o p r i a t i o n s b a s e d o n e s t i m a t e s o f a v a i l a b l e re s o u r c e s ( r e v e n u e a n d f u n d b a l a n c e s ) . • S o m e t i m e s s p e n d i n g o c c u r s r e g a r d l e s s o f a m o u n t of r e v e n u e , w h i c h c a n b e a p r o b l e m . Wh a t a r e B u d g e t A m e n d m e n t s ? 3 Pa c k e t Pa g e 42 7 of 60 2 Mo r e B u d g e t B a c k g r o u n d • B u d g e t a d o p t e d a t t h e “ F u n d ” l e v e l . • T h e l e g i s l a t i v e b o d y c a n t r a c k a t a si g n i f i c a n t l y g r e a t e r l e v e l , i f n e c e s s a r y . • S t a t e l a w p r o v i d e s t h a t t r a n s f e r s w i t h i n a f u n d a r e p e r m i t t e d p r o v i d e d t h a t bu d g e t w a s a d o p t e d a t t h e f u n d l e v e l . 4 Pa c k e t Pa g e 42 8 of 60 2 Wh y A m e n d a B u d g e t ? ? In a t r a d i t i o n a l e n v i r o n m e n t , t h e t y p i c a l re a s o n s t o a m e n d a b u d g e t a r e a s f o l l o w s : • R e c e i p t o f a d d i t i o n a l / u n a n t i c i p a t e d r e v e n u e s (e x : g r a n t m o n e y , e t c . ) • N o n - D e b a t a b l e E m e r g e n c y (R C W 3 5 . 3 3 . 0 8 1 ) (e x : n a t u r a l d i s a s t er s , w a r , e t c . ) • E m e r g e n c y o f l e s s e r n a t u r e (R C W 3 5 . 3 3 . 0 9 1 ) (e x : c o u n c i l d e t e r m i n e s n e e d , o r d i na n c e m u s t b e i n t r o d u c e d , p u b l i c he a r i n g a n d m a j o r i t y v o t e p l u s o n e i s r e q u i r e d . 5 Pa c k e t Pa g e 42 9 of 60 2 Bu d g e t R e d u c t i o n s To d a y ’ s e c o n o m y – n o t t r a d i t i o n a l (p u t t i n g i t m i l d l y ) : • C o u n c i l s a r e h a v i n g t o r e - o p e n i n g b u d g e t s t o r e v i s e es t i m a t e s d o w n w a r d . • A d m i n i s t r a t i v e a n d L e g i s l a t i v e a r e w o r k i n g t o g e t h e r to c l o s e l y m o n i t o r r e v e n u e s . • A s s t a t e d e a r l i e r – b u d g e t o r a p p r o p r i a t i o n l e v e l ma y n o t b e t i e d t o t h e a v a i l a b l e r e s o u r c e s . • T h e r e f o r e , s i t u a t i o n s m a y e x i s t w h e r e C o u n c i l s gr a n t a u t h o r i t y t o s p e n d p u b l i c f u n d s t h a t m a y ex c e e d a v a i l a b l e r e s o u r c e s . 6 Pa c k e t Pa g e 43 0 of 60 2 Re v e n u e I s s u e s ? Y E S Le g i s l a t i o n a n d A d m i n i s t r a t i o n n e e d t o w o r k to g e t h e r t o f i g u r e o u t E x p e n s e R e d u c t i o n s : • M o n i t o r a n d e n c o u r a g e c a u t i o n i n e x p e n d i t u r e s . • P l a c e a n a d m i n i s t r a t i v e w a t c h o n s p e n d i n g . • C o n s i d e r a d m i n i s t r a t i v e p o l i c y d i r e c t i v e s (freezes on tr a v e l , r e d u c t i o n i n d i s c r e t i on a r y s p e n d i n g , f u r l o u g h s , e t c . ) • C o n s i d e r a l e g i s l a t i v e p o l i c y d i r e c t i v e (r e d u c i n g ap p r o p r i a t i o n s f o r c e r t a i n b u d g e t s it e m s w h i c h a s o f t o d a y i s no n - a p p l i c a b l e s i n c e o u r b u d g e t c y c l e is e n d i n g : s o i n O c t . th e l e g i s l a t i v e b o d y s h o u l d l o o k c l o s e l y a t 2 0 1 1 b u d g e t nu m b e r s t o s e e i f r e a li s t i c ) . 7 Pa c k e t Pa g e 43 1 of 60 2 Re c o m m e n d a t i o n s fr o m G F O A Co m m u n i c a t e C l e a r l y , H o n e s t l y a n d O f t e n • S h r i n k i n g r e v e n u e s r e q u i r e m o r e f r e q u e n c y o f br o a d c a s t i n g f i n a n c i a l c o n d i t i o n t o p u b l i c . • S e e k i n p u t a n d c o m p a r e a s e v e r y o n e i s i n t h e sa m e “ b o a t ” . A l l h a v e m a d e c u t s - a l l a r e a s k e d t o do m o r e f o r l e s s . U n d e r s t a n d t h e e n v i r o n m e n t a n d br o a d c a s t t o c i t i z e n s s o t h e y u n d e r s t a n d . • D o n ’ t o v e r - r e a c t – b u t b e p r e p a r e d . O v e r r e a c t i o n ca n c o m e i n t h e f o r m d i s a s t e r s c e n a r i o s t h a t co n t e m p l a t e d r a s t i c m e a s u r e s . B e i n g p r e p a r e d me a n s t h i n k i n g a n d p l a n n i n g . gp p 8 Pa c k e t Pa g e 43 2 of 60 2 Wh y i s C o u n c i l Q u e s t i o n i n g ? • O r d i n a n c e 3 7 8 9 r e q u i r e s v e t t i n g t h r o u g h F i n a n c e C o m m i t t e e . • L a b e l i n g / d e s c r i p t i o n s a r e no t a d e q u a t e ( O r d i n a n c e 3 7 8 9 ) . • C o u n c i l a s k e d t o t r a n s f e r a p p r o x im a t e l y $ 9 0 0 K t o G e n e r a l Fu n d w i t h o u t d i s c u s s i o n o r t i m i n g t o u n d e r s t a n d . • S t a f f b e l i e v e s t h a t s a m e l o g i c u t i l i z e d i n t h e 2 0 0 9 b u d g e t am e n d m e n t a p p l i e s t o l o g i c o f n e w C o u n c i l w i t h o u t a s k i n g ? • A t t e m p t e d s u b s e q u e n t c o n v e r s a t i o n s b u t n e w c h a n g e s g i v e n at l a s t m i n u t e r e q u i r i n g a n o t he r r e v i e w . C o u n c i l q u e s t i o n s ba s e d o n f i r s t a m e n d m e n t a n d o n l y s o m e i s s u e s r e s o l v e d . • J u n e 2 0 1 0 B u d g e t R e p o r t ( 6 - m o . f i n a n c i a l s ) a l r e a d y r e f l e c t s ch a n g e s ? C i t y C o u n c i l h a d y e t t o c o n s i d e r o r a p p r o v e t h e s e ad j u s t m e n t s . 9 Pa c k e t Pa g e 43 3 of 60 2 Wh y s h o u l d A d m i n i s t r a t i o n C o m p l y ? • C i t y C o u n c i l h a s t h e h i g h e s t r e s p o n s i b i l i t y i n l o c a l go v e r n m e n t . • C i t y C o u n c i l h a s a f i d u c i ar y r e s p o n s i b i l i t y t o un d e r s t a n d t h e f i n a n c i a l p o s i ti o n o f t h i s C i t y . • C i t y C o u n c i l h a s e v e r y r i gh t t o a s k q u e s t i o n s a n d ex p e c t a n s w e r s i n a t i m e l y m a n n e r . • C i t y C o u n c i l m u s t b e i n f o r m e d a n d h a v e co n v e r s a t i o n s w i t h A d m i n i s t r a t i o n e s p e c i a l l y i n a n ec o n o m i c a l r e c e s s i o n . • W e p r o t e c t t h e t a x p a y e r s . and 10 Pa c k e t Pa g e 43 4 of 60 2 So w h a t d o w e d o n o w ? • S t a r t c o n v e r s a t i o n s a n d h a v e a n o p e n d i a l o g . • S h o w m o r e d e t a i l , p r ov i d e a d e q u a t e l a b e l i n g , p a g e nu m b e r s a n d d e s c r i p t i o n s . • C o m p l y t o O r d i n a n c e 3 7 8 9 a n d R e s o l u t i o n 1 2 6 6 . • G i v e u s t i m e t o r e v i e w an d d i g e s t i n f o r m a t i o n . • R e s t a t e J u n e B u d g e t R e p o r t t o re f l e c t c u r r e n t f i n a n c i a l si t u a t i o n s o C o u n c i l u n d e r st a n d s a n d t h e n c a n m a k e a n in f o r m e d d e c i s i o n w i t h p r o p o s e d a m e n d m e n t s . • A s k C o u n c i l q u e s t i o n s r a t h e r t h a n g u e s s a t o u r l o g i c . • C i t y C o u n c i l n e e d s t o h a v e t he f i n a l s a y b e f o r e a c t i o n s ar e t a k e n . 11 Pa c k e t Pa g e 43 5 of 60 2 Governmental Accounting How it differs from regular financial accounting 1 Prepared by Jessie Beyer Presented at the 9/21/2010 Edmonds City Council Meeting Packet Page 436 of 602 Show Me The Budget Governments operate from the starting point of the budget. Budget is legal document binding to the administrators of the governmental unit. Typically 2 different budgets Estimated Revenue Budget –lists revenues to be raised pursuant to law during budget cycle. Appropriations Budget –must be enacted into law before governmental administration has legal authority to incur liabilities. 2 Packet Page 437 of 602 Funds, Funds & More Funds Governmental Accounting uses funds to account for revenues and expenditures as outlined in the budget. Most common funds are: General Fund Special Revenue Funds (example is Hotel/Motel Tax fund) Capital Projects Fund Debt Service 3 Packet Page 438 of 602 Accrual? Kind of. Governments record financial information on a modified accrual basis of accounting. However they report on the full accrual basis of accounting. This is due to several factors: 1st governments can measure tax revenue before it is collected 2nd an expenditure (not expense) is recorded when the liability is incurred (think bonds) even if the amount is known prior to payment is due. 4 Packet Page 439 of 602 What About Profits Governments are not in the business of making a profit. The Budget is the driver and if revenues exceed expenditures then an increase in Net Assets is reported and the surplus is generally added to the budget for the following cycle. If the reverse is present then you get a ‘Levy Committee’ to investigate the issue. 5 Packet Page 440 of 602 Why Do They Have To Make It So Different? Many of the differences come from the very different role a government entity fills. The objectives of governments are more than financial. Political Social Needs Environmental Protection Many more users of financial statements requires more transparency. 6 Packet Page 441 of 602 AM-3381   Item #: 7. City Council Meeting Date: 09/21/2010 Time:30 Minutes   Submitted By:Lorenzo Hines Department:Finance Review Committee: Committee Action: Type:Action  Information Subject Title 2009-2010 Mid-Year Budget Adjustment Recommendation from Mayor and Staff Approve Previous Council Action None Narrative The attached amendment is necessary to account for additional revenues/expenditures, interfund and intrafund adjustments, and final accounting for the sale of the Edmonds Fire Department to Snohomish County Fire District 1. Fiscal Impact Fiscal Year:2009-2010 Revenue: Expenditure: Fiscal Impact: The attachment amendment request an additional $7.9 million in expenditure authority, summarized as follows: 001 - General Fund $717K 411 - Combined Utility $2.0 million 414 - Capital Improvement Reserve $2.2 million 511 - Equipment Rental Fund $1.2 million Rest of Funds $1.8 million Attachments Amendment Backup Mid Year Budget Amendment Ordinance 08-24-10 Memo to Council Form Review Inbox Reviewed By Date Packet Page 442 of 602 City Clerk Sandy Chase 09/16/2010 02:16 PM Community Services/Economic Dev.Stephen Clifton 09/16/2010 03:18 PM Final Approval Sandy Chase 09/16/2010 03:30 PM Form Started By: Lorenzo Hines Started On: 09/16/2010  Final Approval Date: 09/16/2010  Packet Page 443 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 General Fund Summary Beginning Fund Balance Increase (Decrease)902,405 Increase in revenues that increase ending fund balance Fire Asset allocation from Fund 511 464,693 Utility Utility Tax Increases from 2009 360,000 Fire Additional FD1 savings - amended during the mid-biennium 12/15/2009 145,230 Revenues that increase ending fund balance 969,923 Decrease in revenues that decrease ending fund balance TBD 2010 Transportation Benefit District Revenue (120,000) Police Loss of Mtlk Terr Animal Control Contract (35,820) Revenues that decrease ending fund balance (155,820) Decrease in expenditures that increase ending fund balance Multiple departments 2010 B-Fund contribution eliminated during 2009 Budget review.(336,393) Police March 13, 2009 police services cuts made for 2010 (119,128) Expenditures that increase ending fund balance (455,521) Increase in expenditures that decrease ending fund balance City Clerk Temporary assistance due to extensive public records request 10,588 Fire Department 2009 fire costs paid in first part of 2010 13,898 Fire Department Fire contract adjustment - amended during the mid-biennium 12/15/2009 98,449 Utility Hydrant maintenance 340,000 Non-departmental Transfer to Public Safety Reserve Fund & Facilities Maintenance Fund 700,000 Community Services Carry forward of Verizon/Frontier unspent grant money 8,514 Expenditures that decrease ending fund balance 1,171,449 Revenues & expenditures that do not effect ending fund balance due to offsetting revenues or expenditures Non-departmental Eliminated Snocom Director Services in 2009 (179,022) Public Works Admin N. Miller Payout 52,000 Mayor L. Carl Payout 16,800 Community Services HUD EDI pass through grant to Public Facilities District.91,447 Police Equip purchased w/2009 Recovery Act Edward Byrne Memorial Justice Asst Grant 12,876 Multiple Departments Energy Efficiency Conservation Block Grant (EECBG) Purchases & Dept of Energy 76,204 Non-departmental Allocate cable utility tax revenue from franchise revenue 460,000 530,305 Ending Fund Balance Increase (Decrease)1,000,580 R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 444 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 Department Description Category Debit Credit General Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 893,891 General Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 893,891 General Fund Asset allocation from Fund 511 Sale of Assets 270,000 General Fund Asset allocation from Fund 511 Ending Fund Balance 270,000 General Fund Asset allocation from Fund 511 Sale of Assets 525,238 General Fund Asset allocation from Fund 511 Ending Fund Balance 525,238 General Fund Asset allocation from Fund 511 Interfund Transfer In 1,259,931 General Fund Asset allocation from Fund 511 Ending Fund Balance 1,259,931 General Fund Transportation Benefit District 2010 Revenues for the General Annual Vehicle Fee 120,000 General Fund Transportation Benefit District 2010 Revenues for the General Ending Fund Balance 120,000 General Fund Utility tax increase in revenue due to 2009 utility tax increases.Water Utility Tax 360,000 General Fund Utility tax increase in revenue due to 2009 utility tax increases.Ending Fund Balance 360,000 Police Animal Control Contract cut in March 2009 Intergovernmental Rev 35,820 General Fund Animal Control Contract cut in March 2009 Ending Fund Balance 35,820 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 17,184 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 12,000 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 160,940 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 6,000 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 6,487 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 4,020 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 9,720 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 4,200 Police 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 48,000 Building 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 5,343 Engineering 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 4,346 Planning 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 1,297 Recreation 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 4,346 Parks 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 35,515 Public Works 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 1,800 Facilities 2010 B-Fund contribution eliminated during 2009 budget review Interfund Rental 15,195 General Fund 2010 B-Fund contribution eliminated during 2009 budget review Ending Fund Balance 336,393 Police March 2009 police expenditure cuts for 2010 Salaries 12,000 Police March 2009 police expenditure cuts for 2010 Salaries 79,006 Police March 2009 police expenditure cuts for 2010 Salaries 9,000 Police March 2009 police expenditure cuts for 2010 Benefits 1,000 Police March 2009 police expenditure cuts for 2010 Supplies 3,820 Police March 2009 police expenditure cuts for 2010 Professional Services 3,000 Police March 2009 police expenditure cuts for 2010 Repair & Maintenance 840 Police March 2009 police expenditure cuts for 2010 Miscellaneous 170 Police March 2009 police expenditure cuts for 2010 Interfund Rental 1,217 Police March 2009 police expenditure cuts for 2010 Salaries 7,944 Police March 2009 police expenditure cuts for 2010 Benefits 831 Police March 2009 police expenditure cuts for 2010 Uniforms 300 General Fund March 2009 police expenditure cuts for 2010 Ending Fund Balance 119,128 City Clerk 2010 temporary assistance due to extensive public record request Salaries 6,100 City Clerk 2010 temporary assistance due to extensive public record request Professional Services 4,488 General Fund 2010 temporary assistance due to extensive public record request Ending Fund Balance 10,588 Fire Department 2009 fire costs paid in first part of 2010 Communications 252 Fire Department 2009 fire costs paid in first part of 2010 Repair & Maintenance 131 Fire Department 2009 fire costs paid in first part of 2010 Uniforms 156 Fire Department 2009 fire costs paid in first part of 2010 Professional Services 342 Fire Department 2009 fire costs paid in first part of 2010 Communications 2,095 Fire Department 2009 fire costs paid in first part of 2010 Miscellaneous 802 Fire Department 2009 fire costs paid in first part of 2010 Uniforms 10 Fire Department 2009 fire costs paid in first part of 2010 Professional Services 1,982 Fire Department 2009 fire costs paid in first part of 2010 Communications 238 Fire Department 2009 fire costs paid in first part of 2010 Uniforms 124 Fire Department 2009 fire costs paid in first part of 2010 Professional Services 6,903 Fire Department 2009 fire costs paid in first part of 2010 Communications 248 Fire Department 2009 fire costs paid in first part of 2010 Communications 615 General Fund 2009 fire costs paid in first part of 2010 Ending Fund Balance 13,898 R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 445 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 Department Description Category Debit Credit General Fund Hydrant maintenance costs for 2010 Hydrant Maintenance 340,000 General Fund Hydrant maintenance costs for 2010 Ending Fund Balance 340,000 Non-Department Transfer of fire department sales proceeds to Public Safety Interfund Transfer 600,000 Non-Department Transfer of fire department sales proceeds to Public Safety Interfund Transfer 100,000 General Fund Transfer of fire department sales proceeds to Public Safety Ending Fund Balance 700,000 Public Works N. Miller payout Salaries 52,000 Mayor L Carl payout Salaries 16,800 General Fund Sick & Vacation Payouts Benefits 68,800 Community Services Carry forward of Verizon/Frontier unspent grant money Small Equipment 8,514 Community Services Carry forward of Verizon/Frontier unspent grant money Beginning Fund Balance 8,514 General Fund Remove S. Perry services at Snocom Snocom Director Services 179,022 Non-Department Remove S. Perry services at Snocom Snocom Director Salaries 142,800 Non-Department Remove S. Perry services at Snocom Snocom Director Benefits 36,222 Community Services HUD EDI pass through grant to Public Facilities District.Professional Services 91,447 Community Services HUD EDI pass through grant to Public Facilities District.Grant 91,447 Police Equip purchased w/2009 Recovery Act Edward Byrne Memorial Small Equipment 12,876 Police Equip purchased w/2009 Recovery Act Edward Byrne Memorial Justice Asst GrantGrant 12,876 Information Services Energy Efficiency Conservation Block Grant (EECBG) Purchases Supplies 4,523 Information Services Energy Efficiency Conservation Block Grant (EECBG) Purchases Small Equipment 24,705 General Fund Energy Efficiency Conservation Block Grant (EECBG) Purchases Grant 76,204 General Fund Energy Efficiency Conservation Block Grant (EECBG) Purchases Interfund Transfer 27,755 General Fund Energy Efficiency Conservation Block Grant (EECBG) Purchases Interfund Transfer 19,221 General Fund Reallocate cable utility tax revenue from franchise revenue to Utility Tax 460,000 General Fund Reallocate cable utility tax revenue from franchise revenue to Franchise Fee 460,000 R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 446 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 Street Fund Beginning Fund Balance Increase (Decrease)316,088 Decrease in expenditures that increase ending fund balance 2010 B-Fund contribution eliminated during 2009 Budget review.(63,675) Ending Fund Balance Increase (Decrease)379,763 Building Maintenance Beginning Fund Balance Increase (Decrease)(185,214) Increase in revenues that increase ending fund balance Transfer proceeds from the sale of the fire department to Building Maint Fund 100,000 Energy Efficiency Conservation Block Grant (EECBG) transfer from General Fund 27,755 Grant revenues and Private Contributions 221,245 Revenues that increase ending fund balance 349,000 Increase in expenditures that decrease ending fund balance Construction projects offset by grant revenues and private contributions 249,273 Ending Fund Balance Increase (Decrease)(85,487) Hotel/Motel Tax Beginning Fund Balance Increase (Decrease)61,628 Increase in expenditures that decrease ending fund balance Committee approved increase in log cabin maintenance 1,500 Committee approved increase in Log Cabin Visitor Center 2,500 Expenditures that decrease ending fund balance 4,000 Ending Fund Balance Increase (Decrease)57,628 REET 2 Beginning Fund Balance Increase (Decrease)724,854 Increase in expenditures that decrease ending fund balance Projects anticipated for 2009, actually completed in 2010 552,000 Ending Fund Balance Increase (Decrease)172,854 Gifts Catalog Fund Beginning Fund Balance Increase (Decrease)13,569 Increase in revenues that increase ending fund balance Increase in donations 4,000 Increase in expenditures that decrease ending fund balance Project budgeted for in 2008 but actually completed in 2010 6,100 Ending Fund Balance Increase (Decrease)11,469 Special Projects Fund Beginning Fund Balance Increase (Decrease)3,052 Increase in revenues that increase ending fund balance Original 2006 projected is expected to get completed in 2010 along with grant reimbursement 239,910 Increase in expenditures that are mostly offset with grant revenue and a small decline in ending fund balance Project budgeted for in 2008 but actually completed in 2010 242,110 Ending Fund Balance Increase (Decrease)852 Fire Donation fund Beginning Fund Balance Increase (Decrease)19,662 Increase in expenditures that decrease ending fund balance Transferred the fire donations fund to Fire District 1 as part of the sale 22,466 Ending Fund Balance Increase (Decrease)(2,804) R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 447 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 Utility Operations Fund Beginning Fund Balance Increase (Decrease)2,194,648 Increase in revenues that increase ending fund balance Storm water revenue increase due to 2009 rate increase 259,000 Hydrant maintenance costs for 2010 340,000 Revenues that increase ending fund balance 599,000 Increase in expenditures that decrease ending fund balance Treatment plant capital improvement projects approved by council - Odor Control Project and Energy Efficiency Improvement Project 1,103,183 Increase interfund transfer based on 2009 Ending Fund Balance 200,000 Expenditures that decrease ending fund balance 1,303,183 Revenues that do not effect ending fund balance due to offsetting expenditures Utility tax increase in revenue due to 2009 utility tax increase - transferred to the general fund 726,000 Ending Fund Balance Increase (Decrease)1,490,465 Utility Construction Fund Beginning Fund Balance Increase (Decrease)1,535,269 Increase in revenues that increase ending fund balance Increase interfund transfer based on 2009 Ending Fund Balance 200,000 Ending Fund Balance Increase (Decrease)1,735,269 WWTP Capital Imp Fund Beginning Fund Balance Increase (Decrease)(112,675) Expenditures that do not effect ending fund balance due to offsetting revenues Treatment plant capital improvement projects approved by council - Odor Control Project and Energy Efficiency Improvement Project. Expenditures are offset by interfund transfer from the utility operations fund & other agency revenues 2,172,176 Ending Fund Balance Increase (Decrease)(112,675) Equipment Rental Fund Beginning Fund Balance Increase (Decrease)196,041 Increase in revenues that increase ending fund balance Energy Efficiency Conservation Block Grant (EECBG) transfer from General Fund 19,221 Decrease in revenues that decrease ending fund balance Reduce investment interest due to sale of fire department (8,113) Reduce sale of equipment due to sale of fire department (3,000) Ruduce interfund transfer due to sale of fire department (220,781) Revenues that decrease ending fund balance (231,894) Increase in expenditures that decrease ending fund balance Increase interfund transfers from the 511 fund and to the general fund due to the sale of the fire department. Need to account for the vehicle money in the 511 Fund 1,259,933 Decrease in expenditures that increase ending fund balance Fire contract adjustment - amended during the mid-biennium 12/15/2009 (98,449) Reduce interfund services due to sale of fire department (4,000) Reduce in Machinery & Equipment due to sale of fire department (160,000) Expenditures that increase ending fund balance (262,449) Expenditures that do not effect ending fund balance due to offsetting revenues Increase interfund transfers between programs in the 511 fund due to the sale of the fire department. Need to account for the vehicle money in the 511 Fund 192,746 Ending Fund Balance Increase (Decrease)(1,014,116) Transportation Benefit District Beginning Fund Balance Increase (Decrease)0 Revenues that do not effect ending fund balance due to offsetting expenditures Annual TBD revenue received and transferred to the general fund 750,000 Ending Fund Balance Increase (Decrease)- R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 448 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 Department Description Category Debit Credit Street Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 316,088 Street Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 316,088 Street Fund 2010 B-Fund contribution eliminated during 2009 Budget review.Interfund Rental 63,675 Street Fund 2010 B-Fund contribution eliminated during 2009 Budget review.Ending Fund Balance 63,675 Building Maintenance Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 185,214 Building Maintenance Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 185,214 Building Maintenance Transfer of fire department sales proceeds to Public Safety Interfund Transfer 100,000 Building Maintenance Transfer of fire department sales proceeds to Public Safety Ending Fund Balance 100,000 Building Maintenance Energy Efficiency Conservation Block Grant (EECBG) Purchases Interfund Transfer 27,755 Building Maintenance Energy Efficiency Conservation Block Grant (EECBG) Purchases Ending Fund Balance 27,755 Building Maintenance Building maintenance projects offset by grant revenues, private Contributions-private 170,000 Building Maintenance Building maintenance projects offset by grant revenues, private Grant 48,000 Building Maintenance Building maintenance projects offset by grant revenues, private Grant 3,245 Building Maintenance Building maintenance projects offset by grant revenues, private Supplies 31,000 Building Maintenance Building maintenance projects offset by grant revenues, private Professional Services 36,000 Building Maintenance Building maintenance projects offset by grant revenues, private Construction Projects 182,273 Building Maintenance Building maintenance projects offset by grant revenues, private Ending Fund Balance 28,028 Hotel/Motel Tax Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 61,628 Hotel/Motel Tax Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 61,628 Hotel/Motel Tax Increased costs in log cabin maintenance and visitor center Log Cabin Maintenance 1,500 Hotel/Motel Tax Increased costs in log cabin maintenance and visitor center Professional Services 2,500 Hotel/Motel Tax Increased costs in log cabin maintenance and visitor center Ending Fund Balance 4,000 REET 2 Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 724,854 REET 2 Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 724,854 REET 2 Projects anticipated for 2009, actually completed in 2010 Professional Services 104,000 REET 2 Projects anticipated for 2009, actually completed in 2010 Construction Projects 387,000 REET 2 Projects anticipated for 2009, actually completed in 2010 Interfund Services 61,000 REET 2 Projects anticipated for 2009, actually completed in 2010 Ending Fund Balance 552,000 Gifts Catalog Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 8,445 Gifts Catalog Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 8,445 Gifts Catalog Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 757 Gifts Catalog Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 757 Gifts Catalog Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 5,881 Gifts Catalog Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 5,881 Gifts Catalog Fund 2008 donations received were only partially appropriated for in Professional Services 6,100 Gifts Catalog Fund May 2010 donation Donations 4,000 Gifts Catalog Fund 2009 donations received were only partially appropriated for in Ending Fund Balance 2,100 Special Projects Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 3,052 Special Projects Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 3,052 Special Projects Fund Construction projected funded by federal grant through WSDOT.Professional Services 8,000 Special Projects Fund Construction projected funded by federal grant through WSDOT.Construction Projects 234,110 Special Projects Fund Construction projected funded by federal grant through WSDOT.Grant 239,910 Special Projects Fund Construction projected funded by federal grant through WSDOT.Ending Fund Balance 2,200 Fire Donation Fund Fire Donation funds transferred to Fire District 1 Beginning Fund Balance 19,662 Fire Donation Fund Fire Donation funds transferred to Fire District 2 Miscellaneous 22,466 Fire Donation Fund Fire Donation funds transferred to Fire District 3 Ending Fund Balance 2,804 Utility Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 2,194,648 Utility Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 2,194,648 Utility Fund Utility tax increase in revenue due to 2009 utility tax increases.Water Utility Tax 430,000 Utility Fund Utility tax increase in revenue due to 2009 utility tax increases.Water Utility Tax Payment 430,000 Utility Fund Utility tax increase in revenue due to 2009 utility tax increases.Sewer Utility Tax 198,000 Utility Fund Utility tax increase in revenue due to 2009 utility tax increases.Sewer Utility Tax Payment 198,000 Utility Fund Utility tax increase in revenue due to 2009 utility tax increases.Storm Utility Tax 98,000 Utility Fund Utility tax increase in revenue due to 2009 utility tax increases.Storm Utility Tax Payment 98,000 Utility Fund Storm water revenue increase due to 2009 rate increase Storm Water Sales 259,000 Utility Fund Storm water revenue increase due to 2009 rate increase Ending Fund Balance 259,000 Utility Fund Hydrant maintenance costs for 2010 Hydrant Maintenance 340,000 Utility Fund Hydrant maintenance costs for 2011 Ending Fund Balance 340,000 Utility Fund Treatment plant capital improvement projects approved by council Interfund Transfer 1,103,183 Utility Fund Treatment plant capital improvement projects approved by council Ending Fund Balance 1,103,183 Utility Fund Increase interfund transfer based on 2009 Ending Fund Balance Interfund Transfer 100,000 Utility Fund Increase interfund transfer based on 2009 Ending Fund Balance Interfund Transfer 100,000 Utility Fund Increase interfund transfer based on 2009 Ending Fund Balance Ending Fund Balance 200,000 R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 449 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 Department Description Category Debit Credit Water Construction Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 354,375 Water Construction Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 354,375 Storm Construction Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 120,644 Storm Construction Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 120,644 Sewer Construction Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 2,010,288 Sewer Construction Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 2,010,288 Utility Construction Fund Increase interfund transfer based on 2009 Ending Fund Balance Interfund Transfer 100,000 Utility Construction Fund Increase interfund transfer based on 2009 Ending Fund Balance Ending Fund Balance 100,000 Utility Construction Fund Increase interfund transfer based on 2009 Ending Fund Balance Interfund Transfer 100,000 Utility Construction Fund Increase interfund transfer based on 2009 Ending Fund Balance Ending Fund Balance 100,000 WWTP Capital Impr Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 112,675 WWTP Capital Impr Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 112,675 Capital Improvements Treatment plant capital improvement projects approved by council Construction Projects 2,172,176 Capital Improvements Treatment plant capital improvement projects approved by council Interfund Transfer In 1,103,183 Capital Improvements Treatment plant capital improvement projects approved by council Contributed Capital 503,380 Capital Improvements Treatment plant capital improvement projects approved by council Contributed Capital 359,517 Capital Improvements Treatment plant capital improvement projects approved by council Contributed Capital 206,096 Equip Rental Operations Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 304,328 Equip Rental Operations Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 304,328 Equip Rental Replacement Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 229,674 Equip Rental Replacement Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 229,674 Equip Rental Fire App Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 121,387 Equip Rental Fire App Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 121,387 Equipment Rental Sale of fire department assets - record removal of asset and Interfund Transfer 308,263 Equipment Rental Sale of fire department assets - record removal of asset and Ending Fund Balance 308,263 Equipment Rental Sale of fire department assets - record removal of asset and Interfund Transfer 951,670 Equipment Rental Sale of fire department assets - record removal of asset and Ending Fund Balance 951,670 Equipment Rental Sale of fire department assets - record removal of asset and Interfund Transfer 192,746 Equipment Rental Sale of fire department assets - record removal of asset and Ending Fund Balance 192,746 Equipment Rental Sale of fire department assets - record removal of asset and Interfund Transfer 192,746 Equipment Rental Sale of fire department assets - record removal of asset and Ending Fund Balance 192,746 Equipment Rental Reduce fire apparatus budget in 511.200 Investment Interest 8,113 Equipment Rental Reduce fire apparatus budget in 511.200 Sales of Equipment 3,000 Equipment Rental Reduce fire apparatus budget in 511.200 Interfund Transfer 220,781 Equipment Rental Reduce fire apparatus budget in 511.200 Interfund Services 4,000 Equipment Rental Reduce fire apparatus budget in 511.200 Machinery/Equipment 160,000 Equipment Rental Reduce fire apparatus budget in 511.200 Ending Fund Balance 67,894 Equipment Rental Energy Efficiency Conservation Block Grant (EECBG) Purchases Interfund Transfer 19,221 Equipment Rental Energy Efficiency Conservation Block Grant (EECBG) Purchases Ending Fund Balance 19,221 Transportation Ben. Dist Transportation Benefit District 2 year budget for Fund 631. 2010 Annual Vehicle Fee 750,000 Transportation Ben. Dist Transportation Benefit District 2 year budget for Fund 631. 2010 Intergovernmental Serv 750,000 R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 450 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 The amendment to the following funds was to adjust beginning fund balances based on 2009 actuals LEOFF-Medical Ins Beginning Fund Balance Increase (Decrease)(7,271) LEOFF-Medical Ins Ending Fund Balance Increase (Decrease)(7,271) PS Reserve Fund Beginning Fund Balance Increase (Decrease)600,000 PS Reserve Fund Ending Fund Balance Increase (Decrease)600,000 Drug Enforcement Fund Beginning Fund Balance Increase (Decrease)(8,305) Drug Enforcement Fund Ending Fund Balance Increase (Decrease)(8,305) Street Construction Fund Beginning Fund Balance Increase (Decrease)(425,738) Street Construction Fund Ending Fund Balance Increase (Decrease)(425,738) MultiModel Fund Beginning Fund Balance Increase (Decrease)51,542 MultiModel Fund Ending Fund Balance Increase (Decrease)51,542 Municipal Arts Fund Beginning Fund Balance Increase (Decrease)66,845 Municipal Arts Fund Ending Fund Balance Increase (Decrease)66,845 Memorial Street Fund Beginning Fund Balance Increase (Decrease)(155) Memorial Street Fund Ending Fund Balance Increase (Decrease)(155) Employee Parking Beginning Fund Balance Increase (Decrease)(6,613) Employee Parking Ending Fund Balance Increase (Decrease)(6,613) Youth Scholarship Fund Beginning Fund Balance Increase (Decrease)(1,390) Youth Scholarship Fund Ending Fund Balance Increase (Decrease)(1,390) Tourism Promotional Arts Beginning Fund Balance Increase (Decrease)18,603 Tourism Promotional Arts Ending Fund Balance Increase (Decrease)18,603 REET 1 Beginning Fund Balance Increase (Decrease)(28,034) REET 1 Ending Fund Balance Increase (Decrease)(28,034) Cemetery Maintenance Beginning Fund Balance Increase (Decrease)(37,736) Cemetery Maintenance Ending Fund Balance Increase (Decrease)(37,736) Parks Construction Fund Beginning Fund Balance Increase (Decrease)24,007 Parks Construction Fund Ending Fund Balance Increase (Decrease)24,007 Parks Trust Fund Beginning Fund Balance Increase (Decrease)(5,192) Parks Trust Fund Ending Fund Balance Increase (Decrease)(5,192) Cemetery Maint Trust Beginning Fund Balance Increase (Decrease)(4,546) Cemetery Maint Trust Ending Fund Balance Increase (Decrease)(4,546) Sister City Commission Beginning Fund Balance Increase (Decrease)(6,537) Sister City Commission Ending Fund Balance Increase (Decrease)(6,537) LID Control Fund Beginning Fund Balance Increase (Decrease)(15,646) LID Control Fund Ending Fund Balance Increase (Decrease)(15,646) LID Guarantee Fund Beginning Fund Balance Increase (Decrease)(1,183) LID Guarantee Fund Ending Fund Balance Increase (Decrease)(1,183) Firemen's Pension Fund Beginning Fund Balance Increase (Decrease)20,656 Firemen's Pension Fund Ending Fund Balance Increase (Decrease)20,656 R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 451 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 Department Description Category Debit Credit LEOFF-Medical Ins Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 7,271 LEOFF-Medical Ins Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 7,271 PS Reserve Fund Transfer of fire department sales proceeds to Public Safety Interfund Transfer 600,000 PS Reserve Fund Transfer of fire department sales proceeds to Public Safety Ending Fund Balance 600,000 Drug Enforcement Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 8,305 Drug Enforcement Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 8,305 Street Construction Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 370,390 Street Construction Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 370,390 Street Construction Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 55,319 Street Construction Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 55,319 Street Construction Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 29 Street Construction Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 29 MultiModel Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 51,542 MultiModel Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 51,542 Municipal Arts Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 32,034 Municipal Arts Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 32,034 Municipal Arts Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 35,337 Municipal Arts Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 35,337 Municipal Arts Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 526 Municipal Arts Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 526 Memorial Street Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 155 Memorial Street Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 155 Employee Parking Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 6,613 Employee Parking Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 6,613 Youth Scholarship Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 1,390 Youth Scholarship Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 1,390 Tourism Promotional Arts Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 18,603 Tourism Promotional Arts Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 18,603 REET 1 Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 28,034 REET 1 Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 28,034 Cemetery Maintenance Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 37,736 Cemetery Maintenance Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 37,736 Parks Construction Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 24,007 Parks Construction Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 24,007 Parks Trust Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 35,834 Parks Trust Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 35,834 Parks Trust Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 839 Parks Trust Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 839 Parks Trust Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 31,481 Parks Trust Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 31,481 Cemetery Maint Trust Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 4,546 Cemetery Maint Trust Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 4,546 Sister City Commission Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 748 Sister City Commission Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 748 Sister City Commission Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 7,285 Sister City Commission Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 7,285 R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 452 of 602 City of Edmonds 2009-2010 Mid-Year Budget Adjustment 08/24/2010 Department Description Category Debit Credit LID Control Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 15,646 LID Control Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 15,646 LID Guarantee Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 1,183 LID Guarantee Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 1,183 Firemen's Pension Fund Allocate beginning fund balances based on 2010 actuals Beginning Fund Balance 20,656 Firemen's Pension Fund Allocate beginning fund balances based on 2010 actuals Ending Fund Balance 20,656 R:\BUDGET\Budget Amendment\2010\08.10 Budget AmendmentJV and Summary 8/27/201012:44 PM Packet Page 453 of 602 R:\BUDGET\BUDGET AMENDMENT\2010\SEPTEMBER AMENDING ORDINANCE.DOCX ORDINANCE NO. _______ AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3711 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. WHEREAS, previous actions taken by the City Council require Interfund Transfers and increases in appropriations; and WHEREAS, state law requires an ordinance be adopted whenever money is transferred from one fund to another; and WHEREAS, the City Council has reviewed the amended budget appropriations and information which was made available; and approves the appropriation of local, state, and federal funds and the increase or decrease from previously approved programs within the 2010 Budget; and WHEREAS, the applications of funds have been identified; THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 3711 adopting the final budget for the fiscal year 2010 is hereby amended to reflect the changes shown in “Exhibit A” adopted herein by reference. Section 2. Effective Date. This ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take Packet Page 454 of 602 2 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. APPROVED: MAYOR, GARY HAAKENSON ATTEST/AUTHENTICATE: CITY CLERK, SANDRA S. CHASE APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY ___ W. SCOTT SNYDER, CITY ATTORNEY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Page 455 of 602 3 SUMMARY OF ORDINANCE NO. __________ of the City of Edmonds, Washington On the ____ day of ___________, 2010, the City Council of the City of Edmonds, passed Ordinance No. _____________. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 3711 AS A RESULT OF UNANTICIPATED TRANSFERS AND EXPENDITURES OF VARIOUS FUNDS, AND FIXING A TIME WHEN THE SAME SHALL BECOME EFFECTIVE. The full text of this Ordinance will be mailed upon request. DATED this _____ day of ________________,2010. CITY CLERK, SANDRA S. CHASE Packet Page 456 of 602 4 EXHIBIT“A:” BUDGET SUMMARY BY FUND 2010 2010 FUND FUND BEGINNING REVENUE EXPENDITURES ENDING NO. DESCRIPTION CASH CASH 001 GENERAL FUND 2,175,670 37,253,267 35,164,947 4,263,990 006 EMERGENCY/FINANCIAL RESERVE 1,927,600 0 0 1,927,600 009 LEOFF-MEDICAL INS. RESERVE 512,176 387,566 465,161 434,581 104 DRUG ENFORCEMENT FUND 131,976 28,500 74,115 86,361 010 PUBLIC SAFETY EMERGENCY RESERVE 0 600,000 0 600,000 111 STREET FUND 319,008 1,539,574 1,473,557 385,025 112 COMBINED STREET CONST/IMPROVE -184,393 2,172,797 2,332,560 -344,156 113 MULTIMODAL TRANSPORTATION FD. 51,542 3,000,000 3,000,000 51,542 116 BUILDING MAINTENANCE 42,035 412,438 454,473 0 117 MUNICIPAL ARTS ACQUIS. FUND 374,547 115,540 110,425 379,662 118 MEMORIAL STREET TREE 17,570 400 0 17,970 120 HOTEL/MOTEL TAX REVENUE FUND 181,037 67,530 81,883 166,684 121 EMPLOYEE PARKING PERMIT FUND 93,897 27,500 26,086 95,311 122 YOUTH SCHOLARSHIP FUND 17,166 3,464 3,400 17,230 123 TOURISM PROMOTIONAL FUND/ARTS 50,855 17,483 22,100 46,238 125 PARK ACQ/IMPROVEMENT 1,570,016 775,356 1,742,000 603,372 126 SPECIAL CAPITAL FUND 442,755 764,397 956,796 250,356 127 GIFTS CATALOG FUND 172,069 8,361 6,850 173,580 129 SPECIAL PROJECTS FUND 3,052 239,910 242,110 852 130 CEMETERY MAINTENANCE/IMPROV 94,066 208,630 151,289 151,407 131 FIRE DONATIONS 22,462 2,800 22,466 2,796 132 PARKS CONSTRUCTION 24,007 1,784,000 1,784,000 24,007 136 PARKS TRUST FUND 144,281 3,760 0 148,041 137 CEMETERY MAINTENANCE TRUST FD 766,066 31,223 0 797,289 138 SISTER CITY COMMISSION 11,181 21,400 21,000 11,581 211 LID FUND CONTROL 6,337 107,500 55,300 58,537 213 LID GUARANTY FUND 50,233 2,000 0 52,233 234 LTGO BOND DEBT SERVICE FUND 0 452,160 452,160 0 411 COMBINED UTILITY OPERATION 6,861,160 14,106,473 17,330,354 3,637,279 412 COMBINED UTILITY CONST/IMPROVE 1,852,225 6,858,332 6,823,600 1,886,957 414 CAPITAL IMPROVEMENTS RESERVE 51,152 2,782,176 2,743,588 89,740 511 EQUIPMENT RENTAL FUND 4,709,059 2,138,757 2,892,423 3,955,393 617 FIREMEN'S PENSION FUND 284,951 103,782 125,048 263,685 631 TRANSPORTATION BENEFIT DISTRICT 0 750,000 750,000 0 Totals 22,775,758 76,767,076 79,307,691 20,235,143 Packet Page 457 of 602 5 EXHIBIT “B”: BUDGET AMENDMENTS BY EXPENDITURE Packet Page 458 of 602 1 Hines Jr., Lorenzo From:Hines Jr., Lorenzo Sent:Tuesday, August 24, 2010 10:27 AM To:Council Cc:Cooper, Mike; Clifton, Stephen Subject:RE: Item #7 about fund appropriation Hello, Ihaveafewclarifyingcommentsonthebudgetamendmentinyourpacketsfortonight’s meeting.Thisamendmentdoesnothaveanyim pactonthe2009fiscalyear.Forthemost part,wearemerelybringingfo rwardthoseissuesfrom2009thataffectFY2010.Forexample, thefollowing2009relateditemsareintheGeneralFund(GF)amendment: UtilityTaxincreasefrom2009 –In2009,anincreaseinthecity’sutilitytaxforwater, sewer,andstormwaterservices,tookeffect,increa singrevenuestotheGF.Council passedbudgetamendmentsduring2009toincreasetheutilitytaxrevenuealongwith theexpendituresthattransferfundsinto thegeneralfund.Thisamendmentwould increaseutilitytaxrevenuesforFY2010,toremainconsistentwiththeamendments madeduring2009. 2010BFundeliminationcontribution During2009,theAdministrationsuspended (andCouncilconfirmed)GF contributionstoFund511,the BFund.Asaresult,theGF expenditureappropriationwasreducedduring 2009.ThisamendmentreducestheGF appropriationtoreflect thecontinuationofthis suspensionin2010. 2009FireDepartmentcosts –Anumberof2009firecosts werepaidinthefirstpartof 2010.WhenCouncil passedthemidbienniumon12/15/2009,theentirefirebudget wasremoved.However,perourpolicy(whichissupportedbytheStateAuditor’s Office),theCitycanprocessaccountspayableuptoJanuary20thofthefollowingyear forinclusioninprioryear(2009)expenditures.IftheCityreceivedinvoicesafterthe cutoffdateforprocessingtheprioryear (2009)payables,theyaretobepaidwith currentyear(2010)appropr iation.Theamendmentseeks additionalexpenditure authoritytoreflectthis. March13,2009PoliceService cutsThisamendmentreflectsthecontinuationofthese reductioninto2010. EliminatedSnocomDirectorServicesin2009 –ThedirectorofSnocomretiredin2009. UnderapriorcontractualarrangementtheCitypaidhissalaryandbenefits,whichwere laterreimbursedbySnocom.Theamendmentrequestreflectionofthisoccurrencein Packet Page 459 of 602 2 the2010budget.Theamendmentreduces theexpendituresandrevenueauthority relatedtothispositionfromthe2010budget. Equipmentpurchasedw/2009RecoveryActfunds –Thisamendmentcarriesoverour abilitytoreceiveandexpendthesegrantfunds. LossofMtlkTerraceAnimalControlcontract –This amendmentreflectsthecontract lossduring2010. Onlytwooftheamendmentspresentedtocouncilare reflectedintheJunequarterlyandthey arebothcalledoutonpage2ofthatreport.Ihavereproducedtheexplanationbelow: GFrevenuesinthisreportalsoreflectapending budgetadjustmenttotransferfunds associatedwiththeformerEdmondsFireDepartmentfromFund511/EquipmentRental FundtotheGeneralFund;theamounttotals$735K.Giventhesignificanceofthis amount,webelieveitwasnecessarytoincludeitinthisreport.Thishasbeennotedas Note2inthereport.Thisamountisnotdirectlytraceabletotheamendmentsummary, itiscomposedonanumberofentrieswhich nettothe$735Kfigure mentionedabove. TheGFexpenditureappropriationtotal includedinthisreportincludesapending budgetamendmentof$696,000toreflectdirectionfromtheCounciltotransferthese fundstothePublicSafetyEmergencyReserve ($596K)andtheBuildingMaintenance Fund($100K).ThishasbeennotedasNote1i nthereport.Giventhesignificanceofthis amount,webelieveitwasnecessaryto includeitinthisreport. Lastly,thisamendmentalsobringsall 2009yearendfundbalancesforwardinto2010,bringing ourfundbalancesuptodate.Thisisacrit icalactionnecessaryinthedeveloping2011budget. Thanks, Lorenzo Lorenzo Hines Jr. Director Finance and Information Services Department City of Edmonds 121 5th Avenue North, Edmonds, WA 98020 Phone: 425.771.0240 | Fax: 425.771.0265 |lorenzo.hines@ci.edmonds.wa.us Packet Page 460 of 602 AM-3369   Item #: 8. City Council Meeting Date: 09/21/2010 Time:10 Minutes   Submitted For:Councilwoman Buckshnis Submitted By:Jana Spellman Department:City Council Review Committee: Committee Action: Type:Action  Information Subject Title Extension of sunset date for Citizens Economic Development Commission. Recommendation from Mayor and Staff Previous Council Action April 21, 2009 - The Edmonds City Council approved Resolution No. 1198 related to addressing long-term revenue challenges facing the City of Edmonds. June 2, 2009 - The Edmonds City Council approved Ordinance 3735 which amended the Edmonds City Code, Title 10, to add a new Chapter 10.75, thus creating a Citizens Economic Development Commission. Following several presentations by members of the 2009 Levy Review Committee, the City Council approved Resolution No. 1198 which directed staff to create an ordinance forming a Citizens' Economic Development Commission for the purposes of determining new strategies for economic development within the City of Edmonds, and identifying new sources of revenue for the City Council to consider. The City Council approved Ordinance 3735 which established an Economic Development Commission through December 31, 2010.  Attachment 1:  Resolution 1198 Attachment 2:  Ordinance 3735 Narrative As the City Council Liaison with the Economic Development Commission (EDC) it has become apparent that the Commission will need another year in order to work through the seven items listed on Resolution 1224. As such, Ordinance 3735 needs to be extended to 12/31/2011. Attachment 3:  Resolution 1224 Attachments Attach 1 - Resolution CEDC 1198 Attach 2 -Ord 3735 Forming CEDC Attach 3 Reso 1224 Form Review Packet Page 461 of 602 Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/16/2010 11:24 AM Community Services/Economic Dev.Stephen Clifton 09/16/2010 11:47 AM Final Approval Sandy Chase 09/16/2010 01:50 PM Form Started By: Jana Spellman Started On: 09/13/2010  Final Approval Date: 09/16/2010  Packet Page 462 of 602 Packet Page 463 of 602 Packet Page 464 of 602 Packet Page 465 of 602 Packet Page 466 of 602 Packet Page 467 of 602 Packet Page 468 of 602 Packet Page 469 of 602 Packet Page 470 of 602 AM-3379   Item #: 9. City Council Meeting Date: 09/21/2010 Time:30 Minutes   Submitted For:Rob English Submitted By:Robert English Department:Engineering Review Committee: Community/Development Services Committee Action: Type:Information  Information Subject Title Capital Facilities Plan (2011-2016) Recommendation from Mayor and Staff Review the Draft Capital Facilities Plan (2011-2016) and provide comments and feedback. Previous Council Action On September 14, 2010, the CS/DS Council Committee reviewed a preliminary draft of the Capital Facilities Plan.  Narrative The City's Capital Facilities Plan (CFP) Element is a document updated annually and identifies capital projects for at least the next six years which support the City's Comprehensive Plan. The CFP contains a list of projects that need to be expanded or will be new capital facilities in order to accommodate the City's projected population growth in accordance with the Growth Management Act. Thus, capital projects that preserve existing capital facilities are not included in the CFP. These preservation projects are identified within the six-year capital improvement program (CIP) along with capital facility plan projects which encompass the projected expenditure needs for all city capital related projects.  CIP vs. CFP The CFP and CIP are not the same thing; they arise from different purposes and are in response to different needs. While the CIP is a budgeting tool that includes capital and maintenance projects, tying those projects to the various City funds and revenues, the CFP is intended to identify longer term capital needs (not maintenance) and be tied to City levels of service standards. The CFP is also required to be consistent with the other elements (transportation, parks, etc) of the Comprehensive Plan, and there are restrictions as to how often a CFP can be amended. There are no such restrictions tied to the CIP.  The draft 2011-2016 CFP is attached as Exhibit 1. The CFP has three project sections comprised of General, Transportation and Stormwater. This year's version of the CFP incorporates the most recent projects approved in the 2009 Transportation Comprehensive Plan and the 2010 Stormwater Comprehensive Plan.  The 2011-2016 CIP is attached as Exhibit 2. The CIP has two sections related to general and parks projects and each project list is organized by the City's financial fund numbers. The CIP document is a budget planning tool and is being included in the packet for informational purposes only.  A public hearing is scheduled for the CFP at the October 5, 2010 Council Meeting.  The purpose of this presentation is to provide Council with an opportunity to review and comment on the documents prior to Packet Page 471 of 602 presentation is to provide Council with an opportunity to review and comment on the documents prior to the public hearing.   The draft CFP and CIP were presented to the Planning Board on September 8, 2010 and a public hearing is scheduled for the September 22nd Planning Board meeting. Staff will include the comments from the Planning Board in the council packet for the October 5th meeting.      Attachments Exhibit 1 - Complete CFP Exhibit 2 - Complete CIP Form Review Inbox Reviewed By Date City Clerk Sandy Chase 09/16/2010 01:41 PM Engineering Robert English 09/16/2010 02:02 PM Engineering Robert English 09/16/2010 02:02 PM Public Works Phil Williams 09/16/2010 03:06 PM City Clerk Sandy Chase 09/16/2010 03:30 PM Community Services/Economic Dev.Stephen Clifton 09/16/2010 03:32 PM Final Approval Sandy Chase 09/16/2010 03:34 PM Form Started By: Robert English Started On: 09/16/2010 10:54 AM Final Approval Date: 09/16/2010  Packet Page 472 of 602 CITY OF EDMONDS CAPITAL FACILITIES PLAN ELEMENT 2011 - 2016 1Packet Page 473 of 602 2Packet Page 474 of 602 CFP GENERAL 3Packet Page 475 of 602 Ci t y o f E d m o n d s Ca p i t a l F a c i l i t i e s P l a n ( C F P ) Pa r k s , G e n e r a l , a n d R e g i o n a l P r o j e c t s ( 2 0 1 1 - 2 0 1 6 ) Pu b l i c V o t e Un k n o w n C o n c e p t u a l G . O . B o n d s To t a l $5 - $ 2 3 M Co m m u n i t y Un k n o w n C o n c e p t u a l P a r t n e r s h i p s To t a l $5 M Ca p i t a l C a m p a i g n Un k n o w n C o n c e p t u a l G. O . B o n d s To t a l $5 M Pu b l i c V o t e Un k n o w n C o n c e p t u a l RE E T 1 / G r a n t s To t a l Un k n o w n Li b r a r y / Un k n o w n C o n c e p t u a l Ci t y G . O . B o n d s To t a l Un k n o w n Ca p i t a l C a m p a i g n Un k n o w n C o n c e p t u a l Gr a n t s / R E E T 2 To t a l $1 0 - 1 2 M Pu b l i c V o t e Un k n o w n C o n c e p t u a l G. O . B o n d s To t a l $3 - $ 4 M Pu b l i c V o t e / G r a n t s Un k n o w n C o n c e p t u a l G. O . B o n d s Pr i v a t e P a r t n e r s h i p To t a l $4 - 1 0 M Fe d e r a l / US D O T EI S St a t e F u n d s Co m p l e t e d $1 1 . 8 M To t a l $2 . 2 M $ 2 . 0 M $ 2 . 1 M $ 1 . 9 M $ 2 . 1 M $ 1 . 5 M Un k n o w n To t a l C F P $1 1 . 8 M An n u a l C F P T o t a l s $2 . 2 M $ 2 . 0 M $2 . 1 M $ 1 . 9 M $ 2 . 1 M $ 1 . 5 M ` Ed m o n d s / S n o - I s l e L i b r a r y Ex p a n d b u i l d i n g f o r a d d i t i o n a l pr o g r a m s ( S n o - I s l e C a p i t a l F a c i l i t i e s Pl a n ) . 20 1 4 Ar t C e n t e r / A r t M u s e u m Es t a b l i s h a n e w c e n t e r f o r t h e A r t ' s Co m m u n i t y . Re p l a c e / R e n o v a t e (C u r r e n t l y s u b l e a s e d o n C i v i c Pl a y f i e l d u n t i l 2 0 2 1 ) . Bo y s & G i r l s C l u b B u i l d i n g 20 1 7 - 2 0 2 5 Pr o j e c t N a m e 20 1 1 2 0 1 2 Re v e n u e S o u r c e 20 1 6 20 1 3 (2 0 1 1 - 2 0 1 6 ) To t a l C o s t 20 1 5 Ed m o n d s C r o s s i n g W S D O T F e r r y / M u t i m o d a l Fa c i l i t y Re l o c a t e f e r r y t e r m i n a l t o M a r i n a Be a c h . Re p l a c e / R e n o v a t e d e t e r i o r a t i n g bu i l d i n g i n C i t y P a r k . Se n i o r C e n t e r B u i l d i n g Re p l a c e a n d e x p a n d d e t e r i o r a t i n g bu i l d i n g o n t h e w a t e r f r o n t . Co m m u n i t y P a r k / A t h l e t i c C o m p l e x - Ol d W o o d w a y H i g h S c h o o l Pa r k s & F a c i l i t i e s M a i n t e n a n c e & O p e r a t i o n s Bu i l d i n g In c o o p e r a t i o n w i t h E S D # 1 5 d e v e l o p a c o m m u n i t y p a r k a n d a t h l e t i c co m p l e x . Cu r r e n t Pr o j e c t Ph a s e Gr a n t O p p o r t u n i t y Pu r p o s e Aq u a t i c C e n t e r Me e t c i t i z e n n e e d s f o r a n A q u a t i c s Ce n t e r ( F e a s i b i l i t y s t u d y c o m p l e t e Au g u s t 2 0 0 9 ) . Ci v i c P l a y f i e l d A c q u i s i t i o n Ed m o n d s S c h o o l D i s t r i c t (C i t y h a s l e a s e u n t i l 2 0 2 1 ) . Cu r r e n t _ d r a f t S i x - Y e a r C F P ( 2 0 1 1 - 2 0 1 6 ) _ G e n e r a l _ 0 9 1 6 1 0 : G e n e r a l _ C F P 9/ 1 6 / 2 0 1 0 4Packet Page 476 of 602 CAPITAL FACILITIES PLAN DESCRIPTION PROJECT NAME: Aquatic Center at Yost Park ESTIMATED PROJECT COST: $5,000,000 – $23,000,000 PROJECT DESCRIPTION: Implement recommendations of the Aquatics Feasibility Study completed in 2009. Six scenarios were presented and the plan recommended by the consultants was a year round indoor pool with an outdoor recreational opportunity in the summer. The project is dependent upon a public vote. PROJECT BENEFIT/ RATIONALE: The current Yost Pool, built in 1972, is nearing the end of its life expectancy. The comprehensive study done in 2009 assessed the needs and wants of Edmonds citizens in regard to its aquatic future as well as the mechanical condition of the current pool. SCHEDULE: 2011-2025 COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL $5m - $23m * all or part of this Project may qualify for 1% for the Arts 5Packet Page 477 of 602 CAPITAL FACILITIES PLAN DESCRIPTION PROJECT NAME: Art Center / Art Museum ESTIMATED PROJECT COST: $5,000,000 PROJECT DESCRIPTION: A new Art Center/Museum facility will provide and promote Cultural / Arts facilities for the City of Edmonds. The need for visual and performing arts facilities is a high priority stated in the adopted updated Community Cultural Arts Plan 2001 and in the 2008 update process. PROJECT BENEFIT/ RATIONALE: The City of Edmonds desires to secure and provide for public Cultural Arts facilities in the community. The emphasis on the arts as a high priority creates the need to determine feasibility for and potentially construct new visual arts related facilities. SCHEDULE: 2011-2025 COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL $5,000,000 * all or part of this Project may qualify for 1% for the Arts 6Packet Page 478 of 602 CAPITAL FACILITIES PLAN DESCRIPTION PROJECT NAME: Boys & Girls Club Building ESTIMATED PROJECT COST: $5,000,000 PROJECT DESCRIPTION: Build new Boys & Girls Club facility to accommodate the growing and changing needs of this important club. PROJECT BENEFIT/ RATIONALE: The current Boys & Girls Club was constructed as a field house by the Edmonds School District decades ago and is in need of major renovation or replacement. It is inadequate in terms of ADA accessibility and does not meet the needs of a modern club. SCHEDULE: 2011-2025 COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL $5,000,000 * all or part of this Project may qualify for 1% for the Arts 7Packet Page 479 of 602 CAPITAL FACILITIES PLAN DESCRIPTION PROJECT NAME: Civic Playfield Acquisition ESTIMATED PROJECT COST: unknown 6th Street N. and Edmonds Street, Edmonds City limits, Snohomish County 8.1 acres / property owned and leased from Edmonds School District until 2021; Community Park/Zoned Public PROJECT DESCRIPTION: Acquire this 8.1 acre property for continued use as an important community park and site of some of Edmonds largest and most popular special events in downtown Edmonds. PROJECT BENEFIT/ RATIONALE: Gain tenure and control in perpetuity over this important park site for the citizens of Edmonds. SCHEDULE: 2011-2025 COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL unknown * all or part of this project may qualify for 1% for the Arts 8Packet Page 480 of 602 CAPITAL FACILITIES PLAN DESCRIPTION PROJECT NAME: Edmonds/Sno-Isle Library ESTIMATED PROJECT COST: Unknown PROJECT DESCRIPTION: Expand building/parking to accommodate additional library needs and programs. Library improvements identified in Sno-Isle Libraries Capital Facility Plan: 2007-2025 PROJECT BENEFIT/ RATIONALE: Improvements will better serve citizens needs requiring additional space and more sophisticated technology. SCHEDULE: 2011-2025 COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL unknown * all or part of this Project may qualify for 1% for the Arts 9Packet Page 481 of 602 CAPITAL FACILITIES PLAN DESCRIPTION PROJECT NAME: Community Park / Athletic Complex at the Former Woodway High School ESTIMATED PROJECT COST: $10,000,000- $12,000,000 PROJECT DESCRIPTION: Develop regional community park and fully lighted multi-field athletic complex. Development contingent upon successful partnerships, grants, and regional capital campaign. PROJECT BENEFIT/ RATIONALE: Currently underutilized and under maintained facility with great potential as community multi-use active park. Site has existing controlled access, greenbelt, parking and 4-court tennis facility with substandard fields. Highly urbanized area with 150,000 residents within 5-mile radius. Future maintenance supported by user fees. SCHEDULE: 2011-2025 COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration Construction 1% for Art TOTAL $10m - $12m * all or a portion of this project may qualify for 1% for the Arts 10Packet Page 482 of 602 CAPITAL FACILITIES PLAN DESCRIPTION PROJECT NAME: Parks & Facilities Maintenance Building ESTIMATED PROJECT COST: $3-$4 Million PROJECT DESCRIPTION: The 40 year old maintenance building in City Park is reaching the end of its useful life and is in need of major renovation or replacement. PROJECT BENEFIT/ RATIONALE: Parks and Facilities Divisions have long outgrown this existing facility and need additional work areas and fixed equipment in order to maintain City parks and Capital facilities for the long term. SCHEDULE: Contingent on finding additional sources of revenue from general and real estate taxes. COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL $3m - $4m * all or part of this Project may qualify for 1% for the Arts 11Packet Page 483 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Senior Center Building ESTIMATED PROJECT COST: $4 – 10 mil. * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Replace and enlarge deteriorating Senior Center building complex on the City waterfront. PROJECT BENEFIT/ RATIONALE: This facility is at the end of it’s useful life. The floors are continuing to settle which poses significant renovation costs. In addition, the facility requires structural reinforcement to withstand a major earthquake. SCHEDULE: Contingent on procuring the necessary funding from grants and other sources. COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL $4m -$10m 12Packet Page 484 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Edmonds Crossing ESTIMATED PROJECT COST: $11,800,000 PROJECT DESCRIPTION: Edmonds Crossing is multimodal transportation center that will provide the capacity to respond to growth while providing improved opportunities for connecting various forms of travel including rail, ferry, bus, walking and ridesharing. PROJECT BENEFIT/ RATIONALE: To provide an efficient point of connection between existing and planned transportation modes. SCHEDULE: 2011-2025 COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017- 2025 Engineering & Administration $2,000,000 $2,000,000 $1,900,000 $1,900,000 $1,900,000 $1,500,000 Right of Way $200,000 $200,000 $200,000 Construction 1% for Art TOTAL $2,200,000 $2,000,000 $2,100,000 $1,900,000 $2,100,000 $1,500,000 Unknown * all or part of this project may qualify for 1% for the Arts. 13Packet Page 485 of 602 14Packet Page 486 of 602 CFP TRANSPORTATION 15Packet Page 487 of 602 Ci t y o f E d m o n d s Ca p i t a l F a c i l i t i e s P l a n ( C F P ) Tr a n s p o r t a t i o n P r o j e c t s ( 2 0 1 1 - 2 0 1 6 ) Sa f e t y / C a p a c i t y A n a l y s i s $0 (F e d e r a l o r S t a t e s e c u r e d ) Po s s i b l e G r a n t / T B D C o n c e p t u a l $ 2 , 1 9 3 , 0 0 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $2 4 7 , 0 0 0 $ 2 1 6 , 0 0 0 $ 1 , 7 3 0 , 0 0 0 $3 4 3 , 0 0 0 (L o c a l F u n d s ) $3 9 , 0 0 0 $ 3 4 , 0 0 0 $ 2 7 0 , 0 0 0 $2 , 5 3 6 , 0 0 0 To t a l $2 8 6 , 0 0 0 $ 2 5 0 , 0 0 0 $ 2 , 0 0 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Po s s i b l e G r a n t / T B D C o n c e p t u a l $ 4 3 9 , 5 0 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $5 0 , 0 0 0 $ 8 1 , 5 0 0 $ 3 0 8 , 0 0 0 $4 3 9 , 5 0 0 (L o c a l F u n d s ) $5 0 , 0 0 0 $ 8 1 , 5 0 0 $ 3 0 8 , 0 0 0 $8 7 9 , 0 0 0 To t a l $1 0 0 , 0 0 0 $ 1 6 3 , 0 0 0 $ 6 1 6 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 0 , 0 0 0 (T B D , u n s e c u r e d ) $1 0 , 0 0 0 $1 0 , 0 0 0 To t a l $1 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $2 , 8 9 0 , 0 0 0 (T B D , u n s e c u r e d ) $2 5 0 , 0 0 0 $ 6 0 0 , 0 0 0 $ 2 , 0 4 0 , 0 0 0 $2 , 8 9 0 , 0 0 0 To t a l $2 5 0 , 0 0 0 $ 6 0 0 , 0 0 0 $ 2 , 0 4 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 0 , 0 0 0 (T B D , u n s e c u r e d ) $1 0 , 0 0 0 $1 0 , 0 0 0 To t a l $1 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 7 3 , 0 0 0 (T B D , u n s e c u r e d ) $1 7 3 , 0 0 0 $1 7 3 , 0 0 0 To t a l $1 7 3 , 0 0 0 $5 3 6 , 0 0 0 ( F e d e r a l o r S t a t e s e c u r e d ) $2 3 2 , 0 0 0 $ 7 5 , 0 0 0 $ 2 2 9 , 0 0 0 De s i g n $ 2 , 9 8 6 , 0 0 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $2 , 9 8 6 , 0 0 0 $1 2 5 , 0 0 0 (L o c a l F u n d s ) $7 8 , 0 0 0 $ 1 1 , 0 0 0 $ 3 6 , 0 0 0 (T B D , u n s e c u r e d ) $4 6 6 , 0 0 0 $4 , 1 1 3 , 0 0 0 To t a l $3 1 0 , 0 0 0 $ 8 6 , 0 0 0 $ 2 6 5 , 0 0 0 $ 3 , 4 5 2 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 , 4 3 1 , 0 0 0 (T B D , u n s e c u r e d ) $1 , 4 3 1 , 0 0 0 $1 , 4 3 1 , 0 0 0 To t a l $1 , 4 3 1 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 , 0 2 2 , 0 0 0 (T B D , u n s e c u r e d ) $1 , 0 2 2 , 0 0 0 $1 , 0 2 2 , 0 0 0 To t a l $1 , 0 2 2 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 0 , 2 1 1 , 0 0 0 ( T B D , u n s e c u r e d ) $1 0 , 2 1 1 , 0 0 0 $1 0 , 2 1 1 , 0 0 0 To t a l $1 0 , 2 1 1 , 0 0 0 20 1 7 - 2 0 2 5 Ol y m p i c V i e w D r . @ 7 6 t h A v e . W I n t e r s e c t i o n Im p r o v e m e n t s In s t a l l a t i o n o f a t r a f f i c s i g n a l t o im p r o v e t h e i n t e r s e c t i o n d e l a y . Ca s p e r s S t . @ 9 t h A v e . W I n t e r s e c t i o n Im p r o v e m e n t s In s t a l l a t i o n o f a t r a f f i c s i g n a l t o im p r o v e t h e i n t e r s e c t i o n d e l a y . 21 2 t h @ 8 4 t h ( 5 C o n e r s ) I n t e r s e c t i o n Im p r o v e m e n t s In t e r s e c t i o n i m p r o v e m e n t t o de c r e a s e i n t e r s e c t i o n d e l a y a n d im p r o v e L e v e l o f S e r v i c e . 76 t h A v . W @ 2 1 2 t h S t . S W I n t e r s e c t i o n Im p r o v e m e n t s Re d u c e i n t e r s e c t i o n d e l a y b y co n v e r t i n g 9 t h A v e . t o ( 2 ) l a n e s f o r bo t h t h e s o u t h b o u n d a n d no r t h b o u n d m o v e m e n t s . Ii n t e r s e c t i o n r e - d e s i g n t o i m p r o v e LO S a n d r e d u c e i n t e r s e c t i o n d e l a y . SR 5 2 4 ( 1 9 6 t h S t . S W ) / 8 8 t h A v e . W I n t e r s e c t i o n Im p r o v e m e n t s 22 0 t h S t . S W @ 7 6 t h A v e . W I n t e r s e c t i o n Im p r o v e m e n t s Re c o n f i g u r e E B l a n e a n d a d d pr o t e c t e d / p e r m i s s i v e f o r t h e N B a n d SB L T t o i m p r o v e t h e i n t e r s e c t i o n de l a y . Ma i n S t . @ 9 t h A v . S ( I n t e r i m S o l u t i o n ) Wa l n u t S t . @ 9 t h A v e . ( I n t e r i m S o l u t i o n ) Re d u c e i n t e r s e c t i o n d e l a y b y co n v e r t i n g 9 t h A v e . t o ( 2 ) l a n e s f o r bo t h t h e s o u t h b o u n d a n d no r t h b o u n d m o v e m e n t s . 20 1 4 2 0 1 5 2 0 1 6 Im p r o v e s a f e t y a t t h e i n t e r s e c t i o n b y st o p c o n t r o l l e r i n t e r s e c t i o n f o r N B an d S B t o a s i g n a l i z e d i n t e r s e c t i o n . Gr a n t Op p o r t u n i t y (2 0 1 1 - 2 0 1 6 ) To t a l C o s t Pu r p o s e 20 1 3 20 1 1 2 0 1 2 84 t h A v e . W ( 2 1 2 t h S t . S W t o 2 3 8 t h S t . S W ) I n s t a l l t w o - w a y l e f t t u r n l a n e s t o im p r o v e c a p a c i t y a n d i n s t a l l si d e w a l k a l o n g t h i s s t r e t c h t o in c r e a s e p e d e s t r i a n s a f e t y ( 5 0 / 5 0 sp l i t w i t h S n o h o m i s h C o u n t y ; t o t a l co s t : ~ 2 0 M i l l i o n ) . Fu n d i n g S o u r c e Pr o j e c t Ph a s e Re a l i g n h i g h l y s k e w e d i n t e r s e c t i o n to a d d r e s s s a f e t y a n d i m p r o v e op e r a t i o n s ; c r e a t e n e w e a s t - w e s t co r r i d o r b e t w e e n S R - 9 9 a n d I - 5 . Pr o j e c t N a m e 22 8 t h S t . S W C o r r i d o r S a f e t y I m p r o v e m e n t s S: \ E N G R \ C I P _ C F P B O O K S \ 2 0 1 1 - 2 0 1 6 \ T r a n s p o r t a t i o n \ T r a n s p o r t a t i o n _ C F P \ C u r r e n t _ d r a f t S i x - Y e a r C F P ( 2 0 1 1 - 2 0 1 6 ) 0 9 0 9 1 0 9/ 1 6 / 2 0 1 0 16Packet Page 488 of 602 Ci t y o f E d m o n d s Ca p i t a l F a c i l i t i e s P l a n ( C F P ) Tr a n s p o r t a t i o n P r o j e c t s ( 2 0 1 1 - 2 0 1 6 ) 20 1 7 - 2 0 2 5 20 1 4 2 0 1 5 2 0 1 6 Gr a n t Op p o r t u n i t y (2 0 1 1 - 2 0 1 6 ) To t a l C o s t Pu r p o s e 20 1 3 20 1 1 2 0 1 2 Fu n d i n g S o u r c e Pr o j e c t Ph a s e Pr o j e c t N a m e $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $3 , 9 3 2 , 0 0 0 (T B D , u n s e c u r e d ) $3 , 9 3 2 , 0 0 0 $3 , 9 3 2 , 0 0 0 To t a l $3 , 9 3 2 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $4 , 0 7 9 , 0 0 0 (T B D , u n s e c u r e d ) $4 , 0 7 9 , 0 0 0 $4 , 0 7 9 , 0 0 0 To t a l $4 , 0 7 9 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $9 0 6 , 0 0 0 (T B D , u n s e c u r e d ) $9 0 6 , 0 0 0 $9 0 6 , 0 0 0 To t a l $9 0 6 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 , 0 9 3 , 0 0 0 (T B D , u n s e c u r e d ) $1 , 0 9 3 , 0 0 0 $1 , 0 9 3 , 0 0 0 To t a l $1 , 0 9 3 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 , 0 9 3 , 0 0 0 (T B D , u n s e c u r e d ) $1 , 0 9 3 , 0 0 0 $1 , 0 9 3 , 0 0 0 To t a l $1 , 0 9 3 , 0 0 0 No n - m o t o r i z e d P e d e s t r i a n / B i c y c l e $1 , 3 2 7 , 0 0 0 ( F e d e r a l o r S t a t e s e c u r e d ) $1 , 3 2 7 , 0 0 0 De s i g n $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $0 ( L o c a l F u n d s ) $1 , 3 2 7 , 0 0 0 T o t a l $ 1 , 3 2 7 , 0 0 0 $0 ( F e d e r a l o r S t a t e s e c u r e d ) Po s s i b l e G r a n t / 2 0 1 1 C o n c e p t u a l $ 7 2 5 , 0 0 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 1 5 , 0 0 0 $ 6 1 0 , 0 0 0 $0 (L o c a l F u n d s ) $7 2 5 , 0 0 0 To t a l $1 1 5 , 0 0 0 $ 6 1 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Po s s i b l e G r a n t / 2 0 1 1 C o n c e p t u a l $ 7 7 7 , 0 0 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $ 3 0 , 0 0 0 $ 1 0 0 , 0 0 0 $ 6 4 7 , 0 0 0 $0 (L o c a l F u n d s ) $7 7 7 , 0 0 0 To t a l $3 0 , 0 0 0 $ 1 0 0 , 0 0 0 $ 6 4 7 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $2 , 1 1 5 , 0 0 0 (T B D , u n s e c u r e d ) $4 4 0 , 0 0 0 $ 1 , 6 7 5 , 0 0 0 $2 , 1 1 5 , 0 0 0 To t a l $4 4 0 , 0 0 0 $ 1 , 6 7 5 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $3 2 , 0 0 0 (T B D , u n s e c u r e d ) $3 2 , 0 0 0 $3 2 , 0 0 0 To t a l $3 2 , 0 0 0 In t e u r b a n T r a i l - 2 4 4 t h t o 2 2 8 t h Pa v e , s i g n , a n d c o n n e c t r e g i o n a l se g m e n t f r o m S h o r e l i n e t o Mo u n t l a k e T e r r a c e Hw y . 9 9 @ 2 2 0 t h S t . S W I n t e r s e c t i o n I m p r o v e m e n t Hw y 9 9 @ 2 1 2 t h S t S W I n t e r s e c t i o n I m p r o v e m e n t s Wi d e n 2 2 0 t h S t . S W t o a d d a 2 n d WB L T l a n e / w i d e n S R - 9 9 t o a d d a 2n d L T l a n e . 2n d A v e . S f r o m J a m e s S t . t o M a i n S t . W a l k w a y P r o v i d e s a f e s i d e w a l k a l o n g s h o r t mi s s i n g l i n k . Wa l n u t S t . @ 9 t h A v e . I n t e r s e c t i o n I m p r o v e m e n t s C o n v e r t a l l - w a y c o n t r o l l e d in t e r s e c t i o n i n t o s i g n a l i z e d Ii n t e r s e c t i o n . Ol y m p i c V i e w D r . @ 1 7 4 t h A v e . W I n t e r s e c t i o n Im p r o v e m e n t s In s t a l l t r a f f i c s i g n a l t o i n c r e a s e t h e LO S a n d r e d u c e i n t e r s e c t i o n d e l a y . Ma i n S t . @ 9 t h A v e . I n t e r s e c t i o n I m p r o v e m e n t s Im p r o v e s t r e e t l i g h t i n g f o r p e d e s t r i a n sa f e t y o n M a i n S t . b e t w e e n 5 t h a n d 6t h a l o n g w / s i d e w a l k i m p r o v e m e n t s al o n g t h a t s t r e t c h Ma d r o n a E l e m e n t a r y S c h o o l W a l k w a y Im p r o v e p e d e s t r i a n s a f e t y a l o n g 23 6 t h S t . S W , c r e a t i n g a s a f e pe d e s t r i a n c o n n e c t i o n b e t w e e n S R - 10 4 a n d M a d r o n a E l e m e n t a r y Pr o v i d e s a f e a n d d e s i r a b l e r o u t e t o Se v i e w E l e m e n t a r y a n d n e a r b y pa r k s . Ma i n S t . P e d e s t r i a n L i g h t i n g f r o m 5 t h A v . t o 6 t h A v . 80 t h A v e . W f r o m 1 8 8 t h S t . S W t o O l y m p i c V i e w D r Wa l k w a y Wi d e n 7 6 t h A v e . t o a d d a L T l a n e an d a t h r o u g h l a n e . P r o v i d e pr o t e c t e d L T p h a s e f o r N B a n d S B . Wi d e n 2 1 2 t h S t . S W t o a d d a W B ri g h t t u r n l a n e . Co n v e r t a l l - w a y c o n t r o l l e d in t e r s e c t i o n i n t o s i g n a l i z e d Ii n t e r s e c t i o n . S: \ E N G R \ C I P _ C F P B O O K S \ 2 0 1 1 - 2 0 1 6 \ T r a n s p o r t a t i o n \ T r a n s p o r t a t i o n _ C F P \ C u r r e n t _ d r a f t S i x - Y e a r C F P ( 2 0 1 1 - 2 0 1 6 ) 0 9 0 9 1 0 9/ 1 6 / 2 0 1 0 17Packet Page 489 of 602 Ci t y o f E d m o n d s Ca p i t a l F a c i l i t i e s P l a n ( C F P ) Tr a n s p o r t a t i o n P r o j e c t s ( 2 0 1 1 - 2 0 1 6 ) 20 1 7 - 2 0 2 5 20 1 4 2 0 1 5 2 0 1 6 Gr a n t Op p o r t u n i t y (2 0 1 1 - 2 0 1 6 ) To t a l C o s t Pu r p o s e 20 1 3 20 1 1 2 0 1 2 Fu n d i n g S o u r c e Pr o j e c t Ph a s e Pr o j e c t N a m e $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $6 3 , 0 0 0 (T B D , u n s e c u r e d ) $6 3 , 0 0 0 $6 3 , 0 0 0 To t a l $6 3 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $7 9 , 0 0 0 (T B D , u n s e c u r e d ) $7 9 , 0 0 0 $7 9 , 0 0 0 To t a l $7 9 , 0 0 0 $2 5 0 , 0 0 0 ( F e d e r a l o r S t a t e s e c u r e d ) $2 5 0 , 0 0 0 De s i g n $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $2 4 3 , 5 0 0 (L o c a l F u n d s ) $2 3 6 , 5 0 0 $ 7 , 0 0 0 $4 9 3 , 5 0 0 To t a l $4 8 6 , 5 0 0 $ 7 , 0 0 0 $1 3 9 , 0 0 0 ( F e d e r a l o r S t a t e s e c u r e d ) $1 3 9 , 0 0 0 De s i g n $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $0 (L o c a l F u n d s ) $1 3 9 , 0 0 0 To t a l $1 3 9 , 0 0 0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $6 7 5 , 0 0 0 (T B D , u n s e c u r e d ) $1 2 5 , 0 0 0 $ 5 5 0 , 0 0 0 $6 7 5 , 0 0 0 To t a l $1 2 5 , 0 0 0 $ 5 5 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 9 0 , 0 0 0 (T B D , u n s e c u r e d ) $1 9 0 , 0 0 0 $ 7 6 0 , 0 0 0 $1 9 0 , 0 0 0 To t a l $1 9 0 , 0 0 0 $ 7 6 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $2 2 0 , 0 0 0 (T B D , u n s e c u r e d ) $2 2 0 , 0 0 0 $2 2 0 , 0 0 0 To t a l $2 2 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 1 0 , 0 0 0 (T B D , u n s e c u r e d ) $1 1 0 , 0 0 0 $1 1 0 , 0 0 0 To t a l $1 1 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Po s s i b l e G r a n t / T B D C o n c e p t u a l $ 1 , 1 2 5 , 0 0 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $2 5 , 0 0 0 $1 0 0 , 0 0 0 $ 1 , 0 0 0 , 0 0 0 $0 (T B D , u n s e c u r e d ) $4 , 0 0 0 , 0 0 0 $1 5 0 , 0 0 0 (L o c a l F u n d s ) $5 0 , 0 0 0 $1 0 0 , 0 0 0 $1 , 2 7 5 , 0 0 0 To t a l $7 5 , 0 0 0 $2 0 0 , 0 0 0 $ 1 , 0 0 0 , 0 0 0 $4 , 0 0 0 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $8 1 2 , 0 0 0 (T B D , u n s e c u r e d ) $8 1 2 , 0 0 0 $8 1 2 , 0 0 0 To t a l $8 1 2 , 0 0 0 Me a d o w d a l e B e a c h R d . f r o m 7 6 t h A v e . W t o Ol y m p i c V i e w D r W a l k w a y Pr o v i d e s a f e s i d e w a l k a l o n g m i s s i n g li n k . Wa l n u t S t f r o m 3 r d A v e . S t o 4 t h A v e . S W a l k w a y Ma p l e S t . f r o m 7 t h A v e . S t o 8 t h A v e . S W a l k w a y P r o v i d e s a f e s i d e w a l k a l o n g s h o r t mi s s i n g l i n k . Da y t o n S t . f r o m 7 t h A v e . S t o 8 t h A v e . S W a l k w a y P r o v i d e s a f e s i d e w a l k a l o n g s h o r t mi s s i n g l i n k . Sh e l l V a l l e y E m e r g e n c y A c c e s s Pr o v i d e e m e r g e n c y v e h i c l e a c c e s s to S h e l l V a l l e y w i t h p e d e s t r i a n a n d bi c y c l e i m p r o v e m e n t s . 22 6 t h S t . S W W a l k w a y Pr o v i d e s a f e p e d e s t r i a n m i s s i n g l i n k be t w e e n S R - 1 0 4 a n d 1 0 5 t h P l . W , cr e a t i n g s a f e r a c c e s s t o S h e r w o o d El e m e n t a r y S c h o o l . Ma p l e w o o d f r o m M a i n S t . t o 2 0 0 t h S t . S W Wa l k w a y Pr o v i d e s a f e s i d e w a l k , c o n n e c t i n g t o ex . s i d e w a l k a l o n g 2 0 0 t h S t . S W (M a p l e w o o d E l e m e n t a r y S c h o o l ) . Pr o v i d e s h o r t m i s s i n g l i n k . 4t h A v e . C o r r i d o r E n h a n c e m e n t Cr e a t e m o r e a t t r a c t i v e a n d s a f e r co r r i d o r a l o n g 4 t h A v e . Pr o v i d e s h o r t m i s s i n g l i n k . Wa l n u t S t . f r o m 6 t h A v e . S t o 7 t h A v e . S W a l k w a y 23 8 t h S t . S W f r o m 1 0 4 t h A v e . W t o 1 0 0 t h A v e . W Wa l k w a y Pr o v i d e s a f e w a l k i n g r o u t e . S: \ E N G R \ C I P _ C F P B O O K S \ 2 0 1 1 - 2 0 1 6 \ T r a n s p o r t a t i o n \ T r a n s p o r t a t i o n _ C F P \ C u r r e n t _ d r a f t S i x - Y e a r C F P ( 2 0 1 1 - 2 0 1 6 ) 0 9 0 9 1 0 9/ 1 6 / 2 0 1 0 18Packet Page 490 of 602 Ci t y o f E d m o n d s Ca p i t a l F a c i l i t i e s P l a n ( C F P ) Tr a n s p o r t a t i o n P r o j e c t s ( 2 0 1 1 - 2 0 1 6 ) 20 1 7 - 2 0 2 5 20 1 4 2 0 1 5 2 0 1 6 Gr a n t Op p o r t u n i t y (2 0 1 1 - 2 0 1 6 ) To t a l C o s t Pu r p o s e 20 1 3 20 1 1 2 0 1 2 Fu n d i n g S o u r c e Pr o j e c t Ph a s e Pr o j e c t N a m e $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 , 2 4 9 , 0 0 0 (T B D , u n s e c u r e d ) $1 , 2 4 9 , 0 0 0 $1 , 2 4 9 , 0 0 0 To t a l $1 , 2 4 9 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 7 5 , 0 0 0 (T B D , u n s e c u r e d ) $1 7 5 , 0 0 0 $1 7 5 , 0 0 0 To t a l $1 7 5 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 7 5 , 0 0 0 (T B D , u n s e c u r e d ) $1 7 5 , 0 0 0 $1 7 5 , 0 0 0 To t a l $1 7 5 , 0 0 0 $0 (F e d e r a l o r S t a t e s e c u r e d ) Co n c e p t u a l $ 0 ( F e d e r a l o r S t a t e u n s e c u r e d ) $1 , 0 5 0 , 0 0 0 (T B D , u n s e c u r e d ) $1 , 0 5 0 , 0 0 0 $1 , 0 5 0 , 0 0 0 To t a l $1 , 0 5 0 , 0 0 0 To t a l C F P $1 8 , 8 3 1 , 5 0 0 A n n u a l C F P T o t a l s $ 2 , 4 8 2 , 5 0 0 8 0 3 , 0 0 0 $ 91 2 , 0 0 0 $ $ 4 , 6 7 0 , 0 0 0 $ 2 , 7 5 1 , 0 0 0 $ 7 , 2 1 3 , 0 0 0 $ 3 1 , 9 8 8 , 0 0 0 To t a l s So u r c e 20 1 1 2 0 1 2 2 0 1 3 2 0 1 4 2 0 1 5 2 0 1 6 2 0 1 7 - 2 0 2 6 $2 , 2 5 2 , 0 0 0 To t a l F e d e r a l & S t a t e ( S e c u r e d ) $1 , 9 4 8 , 0 0 0 $ 7 5 , 0 0 0 $ 2 2 9 , 0 0 0 $0 $0 $0 $0 $8 , 2 4 5 , 5 0 0 To t a l F e d e r a l & S t a t e ( U n s e c u r e d ) $1 7 0 , 0 0 0 $ 7 1 0 , 0 0 0 $ 6 4 7 , 0 0 0 $ 3 , 3 8 3 , 0 0 0 $ 1 , 2 9 7 , 5 0 0 $ 2 , 0 3 8 , 0 0 0 $0 $7 , 0 3 3 , 0 0 0 TB D / u n s e c u r e d $0 $0 $0 $ 1 , 0 9 8 , 0 0 0 $ 1 , 3 3 8 , 0 0 0 $ 4 , 5 9 7 , 0 0 0 $ 3 1 , 9 8 8 , 0 0 0 $1 , 3 0 1 , 0 0 0 Lo c a l F u n d s $3 6 4 , 5 0 0 $ 1 8 , 0 0 0 $ 3 6 , 0 0 0 $ 1 8 9 , 0 0 0 $ 1 1 5 , 5 0 0 $ 5 7 8 , 0 0 0 $0 Pr o v i d e s h o r t m i s s i n g l i n k . Ol y m p i c A v e f r o m M a i n S t t o S R - 5 2 4 / 1 9 6 t h S t . SW W a l k w a y Re c o n s t r u c t s i d e w a l k ( e x . co n d i t i o n s : r o l l e d c u r b / u n s a f e co n d i t i o n s ) a l o n g a s t r e t c h w i t h h i g h pe d e s t r i a n a c t i v i t y a n d e l e m e n t a r y sc h o o l . Re v e n u e S u m m a r y b y Y e a r 84 t h A v e . W b e t w e e n 1 8 8 t h S t . S W a n d 1 8 6 t h S t . SW W a l k w a y Pr o v i d e s a f e w a l k i n g r o u t e b e t w e e n th o s e ( 2 ) l o c a l s t r e e t s . 23 8 t h S t . S W f r o m H w y . 9 9 t o 7 6 t h A v e . W Wa l k w a y Pr o v i d e s a f e w a l k i n g r o u t e b e t w e e n pr i n c i p a l a r t e r i a l a n d m i n o r a r t e r i a l . 18 9 t h P l . S W f r o m 8 0 t h A v e . W t o 7 8 t h A v e . W Wa l k w a y S: \ E N G R \ C I P _ C F P B O O K S \ 2 0 1 1 - 2 0 1 6 \ T r a n s p o r t a t i o n \ T r a n s p o r t a t i o n _ C F P \ C u r r e n t _ d r a f t S i x - Y e a r C F P ( 2 0 1 1 - 2 0 1 6 ) 0 9 0 9 1 0 9/ 1 6 / 2 0 1 0 19Packet Page 491 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 212th St. SW / 84th Ave. W (5-Corners) Intersection Improvements ESTIMATED PROJECT COST: $2,536,000 PROJECT DESCRIPTION: The intersection of 84th Ave and 212th is 5 legged, which also includes Main Street and Bowdoin Way approaches. The intersection is controlled with stop signs. A roundabout would be constructed with 60-foot radius and yield signs at each approach. Installation may require the acquisition of right of way on the west side of the intersection. The center of the roundabout will be landscaped and the outer edge will have a special pavement treatment to accommodate trucks. PROJECT BENEFIT/ RATIONALE: The intersection currently functions at LOS F and delays during the PM peak hour will worsen over time. A roundabout will improve the LOS and reduce the need for vehicles to stop during low volume periods. A roundabout would improve the intersection LOS to B. SCHEDULE: Engineering scheduled for 2014-2015 and construction for 2016 (pending grant unding for all phases). f COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration & ROW $286,000 $250,000 Construction $2,000,000 1% for Art * TOTAL $286,000 $250,000 $2,000,000 * all or part of this project may qualify for 1% for the Arts. 20Packet Page 492 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: SR-524 (196th St. SW)/ 88th Ave. W Intersection Improvements ESTIMATED PROJECT COST: $879,000 PROJECT DESCRIPTION: Install traffic signal at the intersection of 196th St. SW @ 88th Ave. W. The modeling in the 2009 Transportation Plan indicated that restricting northbound and southbound traffic to right-turn-only (prohibiting left-turn and through movements) would also address the deficiency identified at this location through 2025. This is same alternative as one concluded by consultant in 2007 study but not recommended by City Council. This could be implemented as an alternate solution, or as an interim solution until traffic signal warrants are met. The ex. LOS is F (below City Standards: LOS D). PROJECT BENEFIT/ RATIONALE: Improve traffic flow characteristics and safety at the intersection. The improvement would modify LOS to A, but increase the delay along 196th St. SW. SCHEDULE: Engineering scheduled for 2014 and construction in 2016 (must meet an MUTCD traffic signal warrant and get WSDOT approval such 196th St. SW is a State Route. COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration & ROW $100,000 $163,000 Construction $616,000 1% for Art TOTAL $100,000 $163,000 $616,000 * all or part of this project may qualify for 1% for the Arts. 21Packet Page 493 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Main St and 9th Ave. S – (Interim solution) ESTIMATED PROJECT COST: $10,000 PROJECT DESCRIPTION: Removal of parking on both sides of 9th Avenue (ex. conditions: 1 lane in each direction) and restriping of 9th Ave. S (2 lanes in each direction). PROJECT BENEFIT/ RATIONALE: The intersection is stop-controlled for all approaches and the existing intersection LOS is E (below the City’s concurrency standards: LOS D). The improvement will reduce intersection delay and improve the LOS to D. SCHEDULE: 2014 (pending additional TBD approval) COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $10,000 1% for Art TOTAL $10,000 * all or part of this project may qualify for 1% for the Arts. 22Packet Page 494 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 76th Ave. W @ 212th St. SW Intersection Improvements ESTIMATED PROJECT COST: $2,890,000 PROJECT DESCRIPTION: Widen 76th Ave. W to add a northbound left-turn lane for 250’ storage length and a southbound left turn lane for 125’ storage length. Provide protected left turn phase for northbound and southbound movements. Widen 212th to add a westbound right turn lane for 50’ storage length. PROJECT BENEFIT/ RATIONALE: Reduce the intersection delay and improve the LOS. The existing intersection LOS is D and F (below City’s concurrency standards) by 2015. SCHEDULE: Engineering scheduled for 2014, ROW acquisition in 2015, and construction in 2016 (pending additional TBD approval). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $250.000 $600,000 Construction $2,040,000 1% for Art TOTAL $250,000 $600,000 $2,040,000 * All or a portion of this project may qualify for 1% for the arts 23Packet Page 495 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Walnut St and 9th Ave. S. – (Interim solution) ESTIMATED PROJECT COST: $10,000 PROJECT DESCRIPTION: Removal of parking on both sides of 9th Avenue (ex. conditions: 1 lane in each direction) and restriping of 9th Av. S (2 lanes in each direction). PROJECT BENEFIT/ RATIONALE: The intersection is stop-controlled for all approaches and the existing intersection LOS is E (below the City’s concurrency standards: LOS D). The improvement will reduce intersection delay and improve the LOS to C. SCHEDULE: 2014 (pending additional TBD funding) COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $10,000 1% for Art TOTAL $10,000 * all or part of this project may qualify for 1% for the Arts. 24Packet Page 496 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 220th St. SW @ 76th Ave. W Intersection Improvements ESTIMATED PROJECT COST: $173,000 PROJECT DESCRIPTION: Reconfigure eastbound lanes to a left turn lane and through / right turn lane. Change eastbound and westbound phases to provide protected-permitted phase for eastbound and westbound left turns. Provide right turn overlap for westbound movement during southbound left turn phase. PROJECT BENEFIT/ RATIONALE: Reduce the intersection delay and improve the LOS. The existing intersection LOS is D and E (below City’s concurrency standards) by 2015. The improvement would improve the LOS to C by 2015. SCHEDULE: Engineering and construction scheduled for 2015 (pending additional TBD approval). COST BREAKDOWN * All or a portion of this project may qualify for 1% for the arts PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $20,000 Construction $153,000 1% for Art TOTAL $173,000 25Packet Page 497 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 228th St. SW Corridor Safety Improvements ESTIMATED PROJECT COST: $4,354,000 PROJECT DESCRIPTION: 1) Extend 228th St across the unopened right-of-way to 76th Avenue West 2) Signalize the intersection of 228th St SW @ SR99 and 228th St. SW @ 76th Ave. West 3) Construct a raised median in the vicinity of 76th Avenue West. 4) Add illumination between 224th St SW and 228th St SW on SR 99 PROJECT BENEFIT/ RATIONALE: The construction of this missing transportation link will improve both access and safety to the I-5 / Mountlake Terrace Park & Ride lot from SR99. This east / west connection will reduce demand and congestion along two existing east-west corridors (220th Street SW and SR104) that currently experience congestion for many hours a day. Roadway safety will also be significantly improved as SR 99/ 228th Street SW will become a signalized intersection (already approved by WSDOT) with protected left turn phasing for both approaches on SR99. The accident-prone left turns from SR99 to 76th Ave. W. will be restricted with the addition of a raised center island on SR 99. The new traffic signal will also provide pedestrians and bicycles with a safe, signalized crossing across SR99, allowing easy access to the Interurban Trail, located ½ mile east of the intersection. SCHEDULE: Engineering scheduled for 2011 - 2013, ROW acquisition for 2013, and construction for 2014 (pending grant funding). In 2010, federal grant was secured for the completion of design and ROW acquisition. COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering, Administration, and ROW $310,000 $86,000 $265,000 Construction $3,452,000 1% for Art * TOTAL $310,000 $86,000 $265,000 $3,452,000 * All or a portion of this project may qualify for 1% for the arts 26Packet Page 498 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Olympic View Dr. @ 76th Ave. W Intersection Improvements ESTIMATED PROJECT COST: $1,431,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Install traffic signal (the intersection currently stop controlled for all movements). PROJECT BENEFIT/ RATIONALE: The improvement will reduce the intersection delay. By 2015, the Level of Service will be F, which is below the City’s concurrency standards (LOS D). The improvement would modify the Level of Service to LOS B. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $286,000 Construction $1,145,000 1% for Art TOTAL $1,431,000 27Packet Page 499 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Caspers St. @ 9th Ave. ESTIMATED PROJECT COST: $1,022,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Install traffic signal. The intersection is currently stop-controlled only for the northbound movement, on 9th Ave. N. PROJECT BENEFIT/ RATIONALE: Reduce the intersection delay as vehicles going northbound on 9th Ave. N are having difficulty accessing Caspers St. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $204,000 Construction $818,000 1% for Art TOTAL $,1022,000 28Packet Page 500 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 84th Ave. W (212th St. SW to 238th St. SW) ESTIMATED PROJECT COST: $20,422,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Widen 84th Ave. W to (3) lanes with curb, gutter, bike lanes, and sidewalk on each side of the street. PROJECT BENEFIT/ RATIONALE: Improve overall safety of the transportation system along this collector street: 1) the sidewalk and bike lanes would provide pedestrians and cyclists with their own facilities and 2) vehicles making left turn will have their own lane, not causing any back-up to the through lane when insufficient gaps are provided. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). The project cost is split between Snohomish County and Edmonds since half the project is in Esperance. COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $2,042,000 Construction $8,169,000 1% for Art TOTAL $10,211,000 29Packet Page 501 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Hwy. 99 @ 220th St. SW intersection improvements ESTIMATED PROJECT COST: $3,932,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Widen 220th St. SW to add Westbound right turn lane for 325’ storage length. Widen SR-99 to add 2nd Southbound left turn lane for 275’ storage length. PROJECT BENEFIT/ RATIONALE: Improve intersection delay from 72 seconds (w/o improvement) to 62 seconds (w/ improvement) in 2015. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017- 2025 Planning/Study Engineering & Administration $786,000 Construction $3,146,000 1% for Art TOTAL $3,932,000 30Packet Page 502 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Hwy. 99 @ 212th St. SW intersection improvements ESTIMATED PROJECT COST: $4,079,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Widen 212th St. SW to add a westbound left turn lane for 200’ storage length and an eastbound left turn lane for 300’ storage length. Provide protected left turn phase for eastbound and westbound movements. PROJECT BENEFIT/ RATIONALE: Improve intersection efficiency and reduce delay. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017- 2025 Planning/Study Engineering & Administration $815,000 Construction $3,264,000 1% for Art TOTAL $4,079,000 31Packet Page 503 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Olympic View Dr. @ 174th Ave. W Intersection Improvements ESTIMATED PROJECT COST: $906,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Widen Olympic View Dr. to add a northbound left turn lane for 50’ storage length. Shift the northbound lanes to the east to provide an acceleration lane for eastbound left turns. PROJECT BENEFIT/ RATIONALE: Improve intersection efficiency and safety of drivers accessing either street. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $180,000 Construction $726,000 1% for Art TOTAL $906,000 32Packet Page 504 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Main St. @ 9th Ave. Intersection Improvements ESTIMATED PROJECT COST: $1,093,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Install traffic signal. The intersection is currently stop controlled for all approaches. PROJECT BENEFIT/ RATIONALE: Improve the Level of Service, which is currently LOS E (below City’s Level of Service standards: LOS D), to LOS B (w/ improvement). SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $220,000 Construction $873,000 1% for Art TOTAL $1,093,000 33Packet Page 505 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Walnut St. @ 9th Ave. Intersection Improvements ESTIMATED PROJECT COST: $1,093,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Install traffic signal. The intersection is currently stop controlled for all approaches. PROJECT BENEFIT/ RATIONALE: Improve the Level of Service, which is currently LOS E (below City’s Level of Service standards: LOS D), to LOS A. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $220,000 Construction $873,000 1% for Art TOTAL $1,093,000 34Packet Page 506 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Interurban Trail – 244th to 228th ESTIMATED PROJECT COST: $1,985,000 PROJECT DESCRIPTION: Create a missing link of the Interurban Trail between Shoreline and Mountlake Terrace. Pave a trail on the existing gravel road on the 74th Ave West right-of-way, between 74th Ave West and 228th St SW, as well from McAleer Way to 74th Ave. W. Work to include replacement of catch basin grates, corrections of safety hazards and bike route signage are also included. Bike lanes will be installed along 76th Ave. W and 228th St. SW from the County line until the connection with the Mountlake Terrace Interurban Trail as an alternate route. PROJECT BENEFIT/ RATIONALE: Routes were rated and prioritized based on value and safety considerations in the 2000 Bikeway Comprehensive Plan. This bike trail will be part of the Interurban Regional Trail, which will ultimately extend from Seattle to Everett, to fill a missing link. Goals of the bikeway plan include promoting bicycle activity, providing safer routes, providing connections to neighboring jurisdictions, and providing better service to recreational facilities, schools, and businesses for those who bicycle. SCHEDULE: construction scheduled for 2011 through secured Federal and State grants COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $1,327,000 1% for Art * TOTAL $1,327,000 * all or a portion of this project may qualify for 1% for the arts 35Packet Page 507 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Main St. Pedestrian Lighting from 5th Ave. to 6th Ave. ESTIMATED PROJECT COST: $725,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: The project consists of installing (11) historic style decorative light poles along this block (6 on the south side and 5 on the north side), (4) decorative poles with artist made elements at the top of the pole (2 on both sides), and inlaid street names at the intersection corners. The visual character of this location will be further enhanced as each new pole will have a planter basket for summer flowers. New sidewalk and curb gutter will be installed along both sides of this stretch (total length: approximately 1,200'), to improve pedestrian safety and remove the sidewalk humps and cracks. New ADA curb ramps or truncated domes will be installed at all non-compliant curb ramps. The trees will remain but root barriers will be added to prevent tree roots from impacting the sidewalk in the future. PROJECT BENEFIT/ RATIONALE: Increase pedestrian safety and activity along the Downtown Retail Core at all times of the day. SCHEDULE: The design is pending a grant through the 2010 Statewide Transportation Enhancement Program (response scheduled for January 2011). The application requested 100% grant funding for the design and construction. COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $115,000 Construction $610,000 1% for Art TOTAL $115,000 $610,000 36Packet Page 508 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 80th Ave W from 188th St. SW to Olympic View Dr. Walkway ESTIMATED PROJECT COST: $777,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Construct Walkway on 80th Ave West between 188th St SW and 180th St SW and on 180th St SW between 80th Ave W and Olympic View Drive (ranked #6 in Long Walkway list in 2009 Transportation Plan). PROJECT BENEFIT/ RATIONALE: Provides safe pedestrian access between Seaview Park, connecting to Olympic View Drive Walkway and Southwest County Park. Would create an additional safe walking route for kids attending Seaview Elementary School (188th St. SW). SCHEDULE: Engineering scheduled for 2011 (project is dependent on obtaining a grant, with response scheduled for Spring 2011). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $30,000 $100,000 Construction $647,000 1% for Art TOTAL $30,000 $100,000 $647,000 37Packet Page 509 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 234th SW / 236th St. SW Long Walkway ESTIMATED PROJECT COST: $2,115,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Construct a walkway on the south side of 236th St. SW from SR 104 to 94th Ave. W., extending northbound on 94th Ave. W to 234th St., westbound on 234th St. to 97th Ave. W, and finally connecting back to SR 104 on 97th Ave. W (ranked #1 in the list of Long Walkway projects in the 2009 Transportation Plan) PROJECT BENEFIT/ RATIONALE: To provide a safe and desirable walking route. The current pedestrian conditions are unsafe near Madrona Elementary School and along 236th St. SW because of the limited sight distance issues (curvature of the roadway). SCHEDULE: Design scheduled for 2014, pending state funding (such as Pedestrian and Bicycle Safety Grant) COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration & ROW $440,000 Construction $1,675,000 1% for Art TOTAL $440,000 $1,675,000 38Packet Page 510 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 2nd Ave. S from James St. to Main St. Walkway ESTIMATED PROJECT COST: $32,000 PROJECT DESCRIPTION: Construct a missing link (approximately 100’) on 2nd Ave. S between Main St. and James St. (ranked #1 in Short Walkway Project list in 2009 Transportation Plan). PROJECT BENEFIT/ RATIONALE: To provide a safe and desirable walking route. SCHEDULE: 2016 (pending additional TBD funding) COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $32,000 1% for Art TOTAL $32,000 * all or part of this project may qualify for 1% for the Arts. 39Packet Page 511 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Maple St. from 7th Ave. S to 8th Ave. S Walkway ESTIMATED PROJECT COST: $63,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Construct a missing link (approximately 250’) on Maple St. between 7th Ave. S and 8th Ave. S (ranked #3 in Short Walkway Project list in 2009 Transportation Plan) PROJECT BENEFIT/ RATIONALE: To provide a safe and desirable walking route. SCHEDULE: Engineering & Construction scheduled for 2014 (pending additional TBD approval). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $10,000 Construction $53,000 1% for Art TOTAL $63,000 40Packet Page 512 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Dayton St between 7th Ave. S and 8th Ave. S Walkway ESTIMATED PROJECT COST: $79,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Construct a missing link (approximately 250’) on Dayton St. between 7th Ave. S and 8th Ave. S (ranked #2 in Short Walkway Project list in 2009 Transportation Plan). PROJECT BENEFIT/ RATIONALE: To provide a safe and desirable walking route. SCHEDULE: Engineering & Construction scheduled for 2014 (pending additional TBD approval) COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $10,000 Construction $69,000 1% for Art TOTAL $79,000 41Packet Page 513 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Shell Valley Emergency Access ESTIMATED PROJECT COST: $627,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: : Construct an emergency access road from the Shell Valley subdivision to Main Street which will serve as a bikeway and walkway as well. PROJECT BENEFIT/ RATIONALE: Severe grade of the primary road into the Shell Valley subdivision, results in access problems during winter freezing events. The proposed access road will provide emergency access for these winter freezing events and serve as a bicycle pedestrian path the remainder of the year. SCHEDULE: Design was completed in 2010 and construction is scheduled to begin in 2011 because of a grant secured ($250,000) and the remaining construction costs are funded by Fund 112 and 412. COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $14,500 Construction $472,000 $7,000 1% for Art * TOTAL $486,500 $7,000 42Packet Page 514 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 226th St SW Walkway ESTIMATED PROJECT COST: $185,000 PROJECT DESCRIPTION: Construct a missing link (approximately 300’ of walkway) on 226th St. SW between SR-104 and 105th Pl. A Federal Grant was secured to fund both the engineering and construction phases of project. PROJECT BENEFIT/ RATIONALE: To provide a safe and desirable walking route. SCHEDULE: Design is close to completion and construction scheduled for 2011. COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $139,000 1% for Art TOTAL $139,000 * all or part of this project may qualify for 1% for the Arts. 43Packet Page 515 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Maplewood Dr. Walkway from Main St. to 200th St. SW ESTIMATED PROJECT COST: $675,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Construct Walkway on Maplewood Dr. from Main St. to 200th St. SW (~ 2,700’). A sidewalk currently exists on 200th St. SW from Main St. to 76th Ave. W, adjacent to Maplewood Elementary School (rated #2 in the Long Walkway list of the 2009 Transportation Plan). PROJECT BENEFIT/ RATIONALE: Create pedestrian connection between Maplewood Elementary School on 200th St. SW and Main St., by encouraging kids to use non-motorized transportation to walk to / from school. SCHEDULE: Engineering scheduled for 2015 (project is dependent on obtaining a grant, such as the “Safe Routes to School”). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $125,000 Construction $550,000 1% for Art TOTAL $125,000 $550,000 44Packet Page 516 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Meadowdale Beach Rd. Walkway ESTIMATED PROJECT COST: $950,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Construct a walkway on Meadowdale Beach Dr. between 76th Ave. W and Olympic View Dr. (~3,800’). This is one of the last collectors in the City with no sidewalk on either side of the street (ranked #4 in Long Walkway Project list in 2009 Transportation Plan). PROJECT BENEFIT/ RATIONALE: To provide a safe and desirable walking route connecting a minor arterial w/ high pedestrian activity (Olympic View Dr.) to a collector with sidewalk on the east side of the street (76th Ave. W). Meadowdale Elementary School is directly north of the project on Olympic View Dr. SCHEDULE: Engineering scheduled for 2016 (pending additional TBD approval) COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $190,000 Construction 1% for Art TOTAL $190,000 45Packet Page 517 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Walnut from 3rd Ave. S to 4th Ave. S Walkway ESTIMATED PROJECT COST: $220,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Construct a missing link (approximately 350’) on Walnut St. between 3rd Ave. S and 4th Ave. S (ranked #5 in Short Walkway Project list in 2009 Transportation Plan). PROJECT BENEFIT/ RATIONALE: To provide a safe and desirable walking route. SCHEDULE: Engineering & Construction scheduled for 2014 (pending additional TBD approval) COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $20,000 Construction $200,000 1% for Art TOTAL $220,000 46Packet Page 518 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Walnut from 6th Ave. S to 7th Ave. S Walkway ESTIMATED PROJECT COST: $110,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Construct a missing link (approximately 700’) on Walnut St. between 6th Ave. S and 7th Ave. S (ranked #4 in Short Walkway Project list in 2009 Transportation Plan). PROJECT BENEFIT/ RATIONALE: To provide a safe and desirable walking route. SCHEDULE: Engineering & Construction scheduled for 2016 (pending additional TBD approval). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $10,000 Construction $100,000 1% for Art TOTAL $110,000 47Packet Page 519 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 4th Ave. Corridor Enhancement ESTIMATED PROJECT COST: $5,500,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Corridor improvements along 4th Avenue to build on concept plan developed in the Streetscape Plan update (2006). PROJECT BENEFIT/ RATIONALE: The corridor improvements in the public right of way will encourage pedestrian traffic & provide a strong visual connection along 4th Ave. Improvements will enhance connectivity as an attractive walking corridor & contribute to the economic vitality in the downtown by encouraging the flow of visitors between the downtown retail & the Edmonds Center for the Arts. Timing for design phase is crucial as the City addresses utility projects in the area & will assist the City in the process of identifying & acquiring funding sources for the project implementation phase. SCHEDULE: Engineering scheduled for 2011-2015 (pending grant funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 Planning/Study $25,000 $200,000 Engineering & Administration Construction $50,000 $1,000,000 1% for Art TOTAL $75,000 $200,000 $1,000,000 48Packet Page 520 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 238th St. SW from 104th Ave. W to 100th Ave. W Walkway ESTIMATED PROJECT COST: $812,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Ranked #8 in Long Walkway list from 2009 Transportation Plan. Install a 5’ sidewalk on the north side of 238th St. SW from 104th Ave. W to 100th Ave. W PROJECT BENEFIT/ RATIONALE: Improve pedestrian safety along that stretch and creating safe pedestrian access to Hickman Park from 100th Ave. W. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $162,000 Construction $650,000 1% for Art TOTAL $812,000 49Packet Page 521 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: Olympic Ave. from Main St. to SR-524 / 196th St. SW Walkway ESTIMATED PROJECT COST: $1,249,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Ranked #3 in Long Walkway project list in 2009 Transportation Plan. Install new sidewalk on the east side of the street. The ex. sidewalk is unsafe because of rolled curb. PROJECT BENEFIT/ RATIONALE: Improve pedestrian safety along that stretch and create safe pedestrian access to Yost Park and Edmonds Elementary. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $200,000 Construction $1,049,000 1% for Art TOTAL $1,249,000 50Packet Page 522 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 189th Pl. W from 80th Ave. W to 78th Ave. W Walkway ESTIMATED PROJECT COST: $175,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Ranked # 7 in Short Walkway list from 2009 Transportation Plan. Install 5’ sidewalk on either side of the street. PROJECT BENEFIT/ RATIONALE: Improve pedestrian safety along that stretch and create connection to ex. sidewalk on 189th Pl. W. This missing link will create a pedestrian connection from 80th Ave. W to 76th Ave. W. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $35,000 Construction $140,000 1% for Art TOTAL $175,000 51Packet Page 523 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 84th Ave. W between 188th St. SW and 186th St. SW Walkway ESTIMATED PROJECT COST: $175,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Ranked #9 in Short Walkway list from 2009 Transportation Plan. Install 5’ sidewalk on the east side of the street to connect to the existing sidewalk to the south. PROJECT BENEFIT/ RATIONALE: Improve pedestrian safety along that stretch, such as school kids walking to Seaview Elementary. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017- 2025 Planning/Study Engineering & Administration $35,000 Construction $140,000 1% for Art TOTAL $175,000 52Packet Page 524 of 602 CAPITAL FACILITIES PROJECT DESCRIPTION PROJECT NAME: 238th St. SW from Hwy. 99 to 76th Ave. W Walkway ESTIMATED PROJECT COST: $1,050,000 * all or part of this project may qualify for 1% for the Arts. PROJECT DESCRIPTION: Ranked #9 in Long Walkway list from 2009 Transportation Plan. Install 5’ sidewalk on the north side of 238th St. SW. PROJECT BENEFIT/ RATIONALE: Improve pedestrian safety along that stretch and creating safe pedestrian connection between Hwy. 99 and 76th Ave. W. SCHEDULE: Engineering and Construction are scheduled between 2017 and 2025 (pending TBD funding). COST BREAKDOWN PROJECT COST 2011 2012 2013 2014 2015 2016 2017-2025 Planning/Study Engineering & Administration $210,000 Construction $840,000 1% for Art TOTAL $1,050,000 53Packet Page 525 of 602 54Packet Page 526 of 602 CFP STORMWATER 55Packet Page 527 of 602 Ci t y o f E d m o n d s Ca p i t a l F a c i l i t i e s P l a n ( C F P ) Pa r k s , G e n e r a l , a n d R e g i o n a l P r o j e c t s ( 2 0 1 1 - 2 0 1 6 ) Pu b l i c V o t e Un k n o w n C o n c e p t u a l G . O . B o n d s To t a l $5 - $ 2 3 M Co m m u n i t y Un k n o w n C o n c e p t u a l P a r t n e r s h i p s To t a l $5 M Ca p i t a l C a m p a i g n Un k n o w n C o n c e p t u a l G. O . B o n d s To t a l $5 M Pu b l i c V o t e Un k n o w n C o n c e p t u a l RE E T 1 / G r a n t s To t a l Un k n o w n Li b r a r y / Un k n o w n C o n c e p t u a l Ci t y G . O . B o n d s To t a l Un k n o w n Ca p i t a l C a m p a i g n Un k n o w n C o n c e p t u a l Gr a n t s / R E E T 2 To t a l $1 0 - 1 2 M Pu b l i c V o t e Un k n o w n C o n c e p t u a l G. O . B o n d s To t a l $3 - $ 4 M Pu b l i c V o t e / G r a n t s Un k n o w n C o n c e p t u a l G. O . B o n d s Pr i v a t e P a r t n e r s h i p To t a l $4 - 1 0 M Fe d e r a l / US D O T EI S St a t e F u n d s Co m p l e t e d $1 1 . 8 M To t a l $2 . 2 M $ 2 . 0 M $ 2 . 1 M $ 1 . 9 M $ 2 . 1 M $ 1 . 5 M Un k n o w n To t a l C F P $1 1 . 8 M An n u a l C F P T o t a l s $2 . 2 M $ 2 . 0 M $2 . 1 M $ 1 . 9 M $ 2 . 1 M $ 1 . 5 M ` Ed m o n d s / S n o - I s l e L i b r a r y Ex p a n d b u i l d i n g f o r a d d i t i o n a l pr o g r a m s ( S n o - I s l e C a p i t a l F a c i l i t i e s Pl a n ) . 20 1 4 Ar t C e n t e r / A r t M u s e u m Es t a b l i s h a n e w c e n t e r f o r t h e A r t ' s Co m m u n i t y . Re p l a c e / R e n o v a t e (C u r r e n t l y s u b l e a s e d o n C i v i c Pl a y f i e l d u n t i l 2 0 2 1 ) . Bo y s & G i r l s C l u b B u i l d i n g 20 1 7 - 2 0 2 5 Pr o j e c t N a m e 20 1 1 2 0 1 2 Re v e n u e S o u r c e 20 1 6 20 1 3 (2 0 1 1 - 2 0 1 6 ) To t a l C o s t 20 1 5 Ed m o n d s C r o s s i n g W S D O T F e r r y / M u t i m o d a l Fa c i l i t y Re l o c a t e f e r r y t e r m i n a l t o M a r i n a Be a c h . Re p l a c e / R e n o v a t e d e t e r i o r a t i n g bu i l d i n g i n C i t y P a r k . Se n i o r C e n t e r B u i l d i n g Re p l a c e a n d e x p a n d d e t e r i o r a t i n g bu i l d i n g o n t h e w a t e r f r o n t . Co m m u n i t y P a r k / A t h l e t i c C o m p l e x - Ol d W o o d w a y H i g h S c h o o l Pa r k s & F a c i l i t i e s M a i n t e n a n c e & O p e r a t i o n s Bu i l d i n g In c o o p e r a t i o n w i t h E S D # 1 5 d e v e l o p a c o m m u n i t y p a r k a n d a t h l e t i c co m p l e x . Cu r r e n t Pr o j e c t Ph a s e Gr a n t O p p o r t u n i t y Pu r p o s e Aq u a t i c C e n t e r Me e t c i t i z e n n e e d s f o r a n A q u a t i c s Ce n t e r ( F e a s i b i l i t y s t u d y c o m p l e t e Au g u s t 2 0 0 9 ) . Ci v i c P l a y f i e l d A c q u i s i t i o n Ed m o n d s S c h o o l D i s t r i c t (C i t y h a s l e a s e u n t i l 2 0 2 1 ) . Cu r r e n t _ d r a f t S i x - Y e a r C F P ( 2 0 1 1 - 2 0 1 6 ) _ G e n e r a l _ 0 9 1 6 1 0 : G e n e r a l _ C F P 9/ 1 6 / 2 0 1 0 56Packet Page 528 of 602 Capital Improvement Program Project Summary Sheet 1BStormwater Project: Sumps along Friar Tuck Lane Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 23,000 48,000 322,000 5,000 48,000 16,000 462,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015 26,000 55,000 0 6,000 0 18,000 105,000TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 100% 0% 2014 0 0 0 0 0 0 0 Other Funded                    Secured: Unsecured: 0% 0% TOTAL 2011 2016 0 0 384,000 0 57,000 0 441,000 100% 2012 Project Name:Southwest Edmonds Basin Study Project 2 ‐ Connect Sumps near Robin Hood Drive Problem Description:Several sumps (dry wells) in the vicinity of Robin Hood Drive in Southwest Edmonds overflow during  large storm events.  Over time, they have become clogged and may cause flooding. Project Solution:Connect the sumps to the City of Edmonds storm drain system with an overflow pipe that will function  in large storm events to reduce the potential for flooding. Cost Estimate  Assumptions: Install 1600 ft of new 12 inch dia pipe (600 ft in the public right of way and 1000 ft on private  property).  4 new manholes. 9 connections to the existing storm drain system. Submitted By:Public Works Department 57Packet Page 529 of 602 Capital Improvement Program Project Summary Sheet 1CStormwater Project: Alignment of the proposed storm drain pipe along 238th Street SW.  Existing  catch basin sumps in the foreground. Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 25,000 55,000 368,000 5,000 55,000 18,000 526,000 0 0 0 0 0 0 0 26,000 56,000 0 5,000 0 18,000 105,000 0 0 390,000 0 58,000 0 448,000 2015 0 0 0 0 0 0 0TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 100% 0% 2014 0 0 0 0 0 0 0 Other Funded                    Secured: Unsecured: 0% 0% TOTAL 2011 2016 0 0 0 0 0 0 0 100% 2012 Project Name:Southwest Edmonds Basin Study Project 3 ‐ Connect Sumps on 238th St SW to Hickman Park Infiltration Problem Description:Several sumps (dry wells) along 238th Street SW in Southwest Edmonds are not functioning properly.   They have become clogged and are contributing to area flooding during large storm events. Project Solution:Connect the sumps to the City of Edmonds infiltration system in Hickman Park to the west. Cost Estimate  Assumptions: Install 825 ft of new 12 inch dia pipe.  Replace 950 ft of aging existing pipe.  Reuse existing structures  west of 102nd Place W. 3 new manholes. 12 connections to existing structures. Submitted By:Public Works Department 58Packet Page 530 of 602 Capital Improvement Program Project Summary Sheet 2AStormwater Project: Aerial View of Edmonds Marsh (background) and the Port of Edmonds  (foreground) ‐ Department of Ecology Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 0 0 228,000 0 0 11,000 239,000 0 0 228,000 0 0 11,000 239,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015 0 0 0 0 0 0 0TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 100% 0% 2014 0 0 0 0 0 0 0 Other Funded                    Secured: Unsecured: 0% 0% TOTAL 2011 2016 0 0 0 0 0 0 0 100% 2012 Project Name:Shellabarger Creek/Willow Creek/Edmonds Marsh 100‐yr Flood Plain delineation Problem Description:Properties around Shellabarger Creek, Willow Creek, Edmonds Marsh, along State Route 104, and  Dayton Street can become flooded during large storm events due to excessive upstream flows, high  tide, and reduced storage capacity in the Marsh due to sedimentation. Project Solution:Study would update the 100‐yr floodplain delineation for the Edmonds Marsh area to assist the City  and surrounding property owners with planning strategies to protect property from future flooding  and enable stormwater services to be allocated more efficiently. Re‐delineation of the 100‐yr flood  plain will allow the City to properly regulate development in flood prone lands and keep the City in  compliance with National Flood Insurance Program (NFIP) obligations. By being a part of NFIP, FEMA  makes flood insurance coverage available on buildings and their contents throughout the community  (major public benefit). Cost Estimate  Assumptions: Includes hydrologic modeling and hydraulic modeling. This project may involve participation from  WSDOT and the Port of Edmonds. Submitted By:Public Works Department 59Packet Page 531 of 602 Capital Improvement Program Project Summary Sheet 5Stormwater Project: Project area along 93rd Place W, South of 224th Street SW Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 0 0 601,000 5,000 90,000 30,000 726,000 0 0 0 0 0 0 0 0 0 31,000 5,000 5,000 31,000 72,000 0 0 606,000 0 90,000 0 696,000 2015 0 0 0 0 0 0 0TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 100% 0% 2014 0 0 0 0 0 0 0 Other Funded                    Secured: Unsecured: 0% 0% TOTAL 2011 2016 0 0 0 0 0 0 0 100% 2012 Project Name:95th/93rd Place project Problem Description:The drainage system in the vicinity of 95th PL W, 93rd PL W, and 224th Street SW is inadequate and is  causing flooding problems.  This area was annexed into the City from Snohomish County in October  1995. Project Solution:Construct approximately 4,000 linear feet of new storm drain pipe and new catch basins and connect  to the existing storm drain system. Cost Estimate  Assumptions: Construct 3,200 ft of storm drain pipe.  15 catch basins.  8 connections to the existing storm drain  system. Submitted By:Public Works Department 60Packet Page 532 of 602 Capital Improvement Program Project Summary Sheet 7Stormwater Project: Lake Ballinger Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 0 0 0 0 0 600,000 600,000 0 0 0 0 0 100,000 100,000 0 0 0 0 0 102,000 102,000 0 0 0 0 0 106,000 106,000 2015 0 0 0 0 0 115,000 115,000TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 100% 0% 2014 0 0 0 0 0 110,000 110,000 Other Funded                    Secured: Unsecured: 0% 0% TOTAL 2011 2016 0 0 0 0 0 119,000 119,000 100% 2012 Project Name:Lake Ballinger Associated Projects Problem Description:Homes surrounding Lake Ballinger and McAleer Creek have flooded during very large storm events.   There are also significant water quality issues in the watershed. Project Solution:Work independently and with other members of the Greater Lake Ballinger/McAleer Creek Watershed  Forum to implement the Strategic Action Plan, which was finalized in July 2009. Cost Estimate  Assumptions: Submitted By:Public Works Department 61Packet Page 533 of 602 Capital Improvement Program Project Summary Sheet 9Stormwater Project: Existing stockpiles Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 0 41,000 270,000 0 41,000 14,000 366,000 0 41,000 0 0 0 14,000 55,000 0 0 275,000 0 42,000 0 317,000 0 0 0 0 0 0 0 2015 0 0 0 0 0 0 0TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 100% 0% 2014 0 0 0 0 0 0 0 Other Funded                    Secured: Unsecured: 0% 0% TOTAL 2011 2016 0 0 0 0 0 0 0 100% 2012 Project Name:Public Facilities Water Quality Upgrades Problem Description:The Public Works Yard on 210 St SW and the Parks Facility store stockpiles of sand and other aggregate  material for use by the Crews. There is not enough room under the covered part of the yard to store all  this material. Additional covered space is required to prevent this material form washing into the storm  drainage system that ultimately flows to Halls Creek in Mountlake Terrace.   Also, washing vehicles can  cause undesired pollutants to enter the storm system.  These projects are required under the Federal  and state Clean Water Act. Project Solution:Provide additional covered space for the material/aggregate piles at both facilities and a vehicle wash  station at the Public Works Yard. Cost Estimate  Assumptions: 12,000 square feet of cover and a vehicle wash station at the Public Works Yard and 6,000 square feet  of cover at the Parks Facility. Submitted By:Public Works Department 62Packet Page 534 of 602 Capital Improvement Program Project Summary Sheet 12Stormwater Project: Edmonds Marsh as seen from the viewing platform. Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 29,000 290,000 1,930,000 150,000 290,000 97,000 2,786,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015 0 103,000 757,000 57,000 115,000 77,000 1,109,000TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 25% 0% 2014 32,000 221,000 0 110,000 0 33,000 396,000 Other Funded                    Secured: Unsecured: 0% 75% TOTAL 2011 2016 0 0 1,504,000 0 227,000 0 1,731,000 100% 2012 Project Name:Edmonds Marsh Restoration Problem Description:Development around the marsh and lack of connectivity with the Puget Sound has resulted in  sedimentation of the marsh and a transition to freshwater species. Project Solution:Conduct revegetation, replace the flap gate to allow better connectivity with the Puget Sound, and  remove sediment. Cost Estimate  Assumptions: 23 acres of revegetation.  Construct new tide gate.  Remove sediment. Submitted By:Public Works Department 63Packet Page 535 of 602 Capital Improvement Program Project Summary Sheet 13Stormwater Project: Previously restored section of Willow Creek. Source:  http://www.unocaledmonds.info/clean‐up/gallery.php Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 115,000 338,000 2,250,000 100,000 338,000 113,000 3,254,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015 0 67,000 935,000 57,000 141,000 72,000 1,272,000TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 25% 0% 2014 127,000 309,000 0 55,000 0 55,000 546,000 Other Funded                    Secured: Unsecured: 0% 75% TOTAL 2011 2016 0 0 1,712,000 0 257,000 0 1,969,000 100% 2012 Project Name:Daylight Willow Creek in Marina Beach Park Problem Description:Willow Creek and Edmonds Marsh have been significantly impacted by past development and the  piping of the Creek. Project Solution:Daylight Willow Creek (originally as part of the Edmonds Crossing Project). The new channel would be  lined with an impermeable membrane for the entire length to prevent remnant contamination from  the former fuel tank farm from coming in contact with streamflow. Channel will be overexcavated in  order to protect membrane and provide soil for plant establishment. A railroad trestle is currently  planned to be constructed by Sound Transit / BNSF (costs not included in this estimate). This will  facilitate the future daylighting of the creek that would have its outlet to the Puget Sound near the  historic location of the former Union Oil Company Pier. Cost Estimate  Assumptions: 1,100 linear ft of new creek channel lined with an impermeable membrane. 6‐ft bottom width. 4‐ft  depth. 3H:1V side slopes. Overexcavate to 3 ft depth below channel bottom. Assume moderate  contamination below groundwater table. Submitted By:Public Works Department 64Packet Page 536 of 602 Capital Improvement Program Project Summary Sheet 15Stormwater Project: Perrinville Creek Channel illustrating the channel incision that will be  addressed by restoration.   Predesign includes survey, geotech, utility locates, feasibility, etc. In Capital Facilities Plan?Yes No 1. Total costs are in 2010 dollars. 2. Future expenses reflect the following annual inflation rates: 2011  0%; 2012  2%;  2013  4%; 2014  4%; 2015  4%; 2016  4%. 2013Total CostsExpenses Design Predesign Construction Permitting Construction Management (Incl. Insp.) City of Edmonds Project Management 105,000 836,000 5,573,000 150,000 836,000 279,000 7,779,000 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 2015 0 0 2,524,000 0 344,000 0 2,868,000TOTAL EXPENSES Revenue Summary City Funded                        Stormwater Utility:                Parks (unsecured): Percent of Project Total 25% 0% 2014 116,000 922,000 1,467,000 165,000 221,000 308,000 3,199,000 Other Funded                    Secured: Unsecured: 0% 75% TOTAL 2011 2016 0 0 2,438,000 0 401,000 0 2,839,000 100% 2012 Project Name:Perrinville Creek High Flow Diversion and Habitat Restoration Problem Description:Urbanization of the Perrinville Creek basin has led to increased flows in the creek, incision of the creek  bed, and sedimentation in the low‐gradient downstream reaches of the creek.   Project Solution:Construct a high flow diversion pipe that would divert high peak stream flows caused by excessive  stormwater runoff at the intersection of 76th Ave W and Olympic View Drive.  The diversion pipe  alignment would extend north along Olympic View Drive, cross through the Snohomish County Park,  cross several private properties, cross Frederick Place and Talbot Road, and the diversion pipe would  discharge to the existing Perrinville Creek high flow bypass pipe that discharges directly into Puget  Sound.  The project also include habitat restoration in Perrinville Creek to enhance salmon spawning in  the creek. Cost Estimate  Assumptions: 4,560 ft of 42 inch diameter storm drain pipe (2,800 ft in the public right of way, 1,000 ft on private  property, 700 ft through Snohomish County Park, 30 ft under Frederick Pl and 30 ft under Talbot Rd).   1,000 ft of streambank restoration. Submitted By:Public Works Department 65Packet Page 537 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROGRAM 2011 - 2016 1Packet Page 538 of 602 2Packet Page 539 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROGRAM (2011-2016) Table of Contents FUND DESCRIPTION DEPARTMENT PAGE GENERAL 112 Transportation Public Works 6 113 Multimodal Transportation Community Services 9 116 Building Maintenance Public Works 10 125 REET-2 Transportation Public Works 12 129 Special Projects Parks & Recreation 13 412-100 Water Projects Public Works 14 412-200 Storm Projects Public Works 15 412-300 Sewer Projects Public Works 16 414 Waste Water Treatment Plant Public Works 18 PARKS 125 REET-2 Parks Improvement Parks & Recreation 20 126 Parks Acquisition Parks & Recreation 50 132 Parks Construction (Grant Funding) Parks & Recreation 54 3Packet Page 540 of 602 4Packet Page 541 of 602 CIP GENERAL 5Packet Page 542 of 602 6 P a c k e t P a g e 5 4 3 o f 6 0 2 7 P a c k e t P a g e 5 4 4 o f 6 0 2 8 P a c k e t P a g e 5 4 5 o f 6 0 2 9 P a c k e t P a g e 5 4 6 o f 6 0 2 1 0 P a c k e t P a g e 5 4 7 o f 6 0 2 1 1 P a c k e t P a g e 5 4 8 o f 6 0 2 1 2 P a c k e t P a g e 5 4 9 o f 6 0 2 1 3 P a c k e t P a g e 5 5 0 o f 6 0 2 1 4 P a c k e t P a g e 5 5 1 o f 6 0 2 1 5 P a c k e t P a g e 5 5 2 o f 6 0 2 1 6 P a c k e t P a g e 5 5 3 o f 6 0 2 1 7 P a c k e t P a g e 5 5 4 o f 6 0 2 1 8 P a c k e t P a g e 5 5 5 o f 6 0 2 CIP PARKS 19Packet Page 556 of 602 2 0 P a c k e t P a g e 5 5 7 o f 6 0 2 2 1 P a c k e t P a g e 5 5 8 o f 6 0 2 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Haines Wharf Park & Walkway ESTIMATED PROJECT COST: $1,500,000 PROJECT DESCRIPTION: Construct a walkway on 76th Ave W / 75th Pl W between Meadowdale Beach Road and 162nd St. with additional improvements further north. Develop unique north Edmonds neighborhood park. PROJECT BENEFIT/ RATIONALE: A significant sight distance issue and no road shoulder creates a pedestrian safety problem on 76th Ave West as it winds and turns to 75th Place West. Despite safety problems this route has significant pedestrian traffic. It will provide improved pedestrian access and safety to Meadowdale Beach County Park, link via North Meadowdale Road walkway to Elementary & Middle schools, and Meadowdale Playfields. Haines Wharf Park will provide unique neighborhood park amenities and a respite for walkers and cyclists with outstanding views of Puget Sound and the Olympics. SCHEDULE: 2010 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $1,500,000 1% for Art TOTAL $1,500,000 *all or a portion of this project may qualify for 1% for the Arts 22Packet Page 559 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Anderson Center Field/Court ESTIMATED PROJECT COST: $50,000 700 Main Street, Snohomish County, within Edmonds City limits 2.3 acres; zoned public neighborhood park/openspace field PROJECT DESCRIPTION: Upgrades to youth sports field, picnic and playground amenities and children’s play equipment. Replacement and renovation of amphitheater in 2012 with improved courtyard area and drainage. PROJECT BENEFIT/ RATIONALE: As a neighborhood park, the Frances Anderson Center serves the community with various sports, playground and field activities including various special events. Upgrade and additions essential to meet demand for use. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $0 $0 $30,000 $5,000 $5,000 $5,000 $5,000 1% for Art TOTAL $0 $0 $30,000 $5,000 $5,000 $5,000 $5,000 * all or a portion of this project may qualify for 1% for the Arts. 23Packet Page 560 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Brackett’s Landing Improvements ESTIMATED PROJECT COST: $25,000 South: Main Street and Railraod Avenue south of Edmonds Ferry Terminal on Puget Sound North: 2.7 acres with tidelands and adjacent to Department of Natural Resources public tidelands with Underwater Park South: 2.0 acres with tidelands south of ferry terminal. Regional park/Zoned commercial waterfront. Protected as public park through Deed-of-Right; partnership funding IAC/WWRC/LWCF /DNR-ALEA & Snohomish Conservation Futures PROJECT DESCRIPTION: Landscape beautification, irrigation, furnishings/bench maintenance, exterior painting, repairs, jetty improvements/repair, north cove sand, habitat improvement, fences, interpretive signs, structure repairs, sidewalk improvements, restroom repairs. PROJECT BENEFIT/ RATIONALE: Retention of infrastructure for major waterfront park, regional park that serves as the gateway to Edmonds from the Kitsap Peninsula. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction 0 $0 $5,000 $5,000 $5,000 $5,000 $5,000 1% for Art TOTAL 0 $0 $5,000 $5,000 $5,000 $5,000 $5,000 * all or part of this project may qualify for 1% for the Arts 24Packet Page 561 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: City Park Improvements ESTIMATED PROJECT COST: $290,000 3rd Avenue South and Howell Way, Edmonds City limits, Snohomish County 14.5 acres; Community Park / Zoned public PROJECT DESCRIPTION: Upper lot and other parking improvements. Replacement of upper and lower playgrounds. Extend walkway paths and other miscellaneous improvements. PROJECT BENEFIT/ RATIONALE: Repair and improvements for one of the City’s most heavily used parks. Play structures in need of replacement. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $0 $210,000 $20,000 $15,000 $15,000 $15,000 $15,000 1% for Art TOTAL $0 $210,000 $20,000 $15,000 $15,000 $15,000 $15,000 * all or part of this project may qualify for 1% for the Arts 25Packet Page 562 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Civic Center Complex Improvements ESTIMATED PROJECT COST: $100,000 6th Street N. and Edmonds Street, Edmonds City limits, Snohomish County 8.1 acres / property owned and leased from Edmonds School District until 2021; Community Park/Zoned Public PROJECT DESCRIPTION: Park Development Bleacher/stadium repairs, infield mix, baseball/softball turf repair, retaining wall, fence and play structure replacement, skate park and facility amenities, tennis and sports courts repair and resurfacing, irrigation. Regrade and improve track. Upgrade portable restrooms. Landscape and site furnishing improvements. PROJECT BENEFIT/ RATIONALE: Overall capital improvements for Civic Center Field. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $5,000 $10,000 $0 $75,000 $10,000 $0 $0 1% for Art TOTAL $5,000 $10,000 $0 $75,000 $10,000 $0 $0 *all or part of this project may qualify for 1% for the Arts 26Packet Page 563 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Edmonds Marsh/Hatchery Improvements ESTIMATED PROJECT COST: $85,000 South of Dayton Street and Harbor Square, east of BSNF railroad, west of SR 104, north of UNOCAL 23.2 acres; Natural Open Space / Zoned Open Space PROJECT DESCRIPTION: Using strategies and recommendations identified in the comprehensive management plan, protect site from adjacent development and storm water impacts. Continue to support day-lighting of Willow Creek to Puget Sound. Sidewalk / pathway repairs and continuation of walkway / viewing path to the hatchery if environmentally feasible. Hatchery repairs as needed. Work with Friends of the Edmonds Marsh, People for Puget Sound and others in the rejuvenation and management of the marsh. PROJECT BENEFIT/ RATIONALE: The Edmonds Marsh is a unique urban salt and fresh water marsh with abundant habitat / wildlife species. It is a designated and protected bird sanctuary. Protection is vital. Co-fund the completion of a master plan using Storm Water Utility funds as defined in the comprehensive Storm Water Management Plan. As well as grant funds available through various agencies and foundations. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engin. & Admin. Construction $0 $5,000 $5,000 $75,000 $0 $0 $0 1% for Art TOTAL $0 $5,000 $5,000$ $75,000 $0 $0 $0 27Packet Page 564 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Fishing Pier & Restrooms ESTIMATED COST: $42,000 LWCF/IAC Acquisition and Development Project PROJECT DESCRIPTION: Fishing pier parking lot landscape improvements. Re-tile and renovate restroom facilities. Electrical upgrade, rail and shelter replacements / renovations. Work with WDFW on structural repairs of concrete spalling on pier subsurface. PROJECT BENEFIT/ RATIONALE: Capital improvements to retain capital assets and enhance western gateway to the Puget Sound. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $2,000 $0 $20,000 $0 $10,000 $10,000 $0 1% for Art TOTAL $2,000 $0 $20,000 $0 $10,000 $10,000 $0 * all or part of this Project may qualify for 1% for the Arts 28Packet Page 565 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Former Woodway HS Improvements ESTIMATED PROJECT COST: PROJECT DESCRIPTION: Develop community park and regional athletic complex with lighted fields and recreational amenities in partnership with Edmonds School District, community colleges, user groups, and other organizations. Development dependent upon successful regional capital campaign. $10m - $12M project. PROJECT BENEFIT/ RATIONALE: The site is currently an underutilized and undermaintained facility with great potential as community multi-use active park. Site has existing controlled access, greenbelt, parking and 4-court tennis facility with substandard fields. Highly urbanized area with 150,000 residents within 5-mile radius. Future maintenance supported by user fees. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction 1% for Art TOTAL * all or a portion of this project may qualify for 1% for the Arts 29Packet Page 566 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Maplewood Park Improvements ESTIMATED COST: $40,000 89th Place West and 197th Street SW, Edmonds City limits, within Snohomish County 12.7 acres (10.7 acres Open Space & 2 acres Neighborhood Park) Zoned Public PROJECT DESCRIPTION: Improvements to the picnic, roadway, parking, play area and natural trail system to Maplewood Park. Replace play structure in 2010. PROJECT BENEFIT/ RATIONALE: Improvements to retain site as an asset to the neighborhood park system. SCHEDULE: 2014 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $40,000 1% for Art TOTAL $40,000 * all or part of this Project may qualify for 1% for the Arts 30Packet Page 567 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Marina Beach Park Improvements ESTIMATED COST: $75,000 South of the Port of Edmonds on Admiral Way South, Edmonds City limits, Snohomish County 4.5 acres / Regional Park / Zoned Commercial Waterfront, marina beach south purchased with federal transportation funds. WWRC / IAC Acquisition Project; Protected through Deed-of-Right RCW PROJECT DESCRIPTION: Expand parking area. Portable restroom upgrades. Repair and improvements to off-leash area. Replace play structure and install interpretive sign. PROJECT BENEFIT/ RATIONALE: Improvements to retain site as an asset to the regional waterfront park system. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $5,000 $0 $50,000 $5,000 $5,000 $5,000 $5,000 1% for Art TOTAL $5,000 $0 $50,000 $5,000 $5,000 $5,000 $5,000 * all or part of this project may qualify for 1% for the Arts. 31Packet Page 568 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Mathay Ballinger Park ESTIMATED PROJECT COST: $45,000 78th Place W. & 241st. St. at Edmonds City Limits. 1.5 acres/Neighborhood Park/Zoned Public PROJECT DESCRIPTION: Install path from Interurban Trail spur terminal to parking lot. Replace play structure and improve picnic area. PROJECT BENEFIT/ RATIONALE: Improvements to retain site as an asset in the neighborhood park system. SCHEDULE: 2012 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $0 $0 $45,000 $0 $0 $0 $0 1% for Art TOTAL $0 $0 $45,000 $0 $0 $0 $0 * all or part of this Project may qualify for 1% for the Arts 32Packet Page 569 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Meadowdale Clubhouse Grounds ESTIMATED COST: $60,000 6801 N. Meadowdale Road, Edmonds City limits, within Snohomish County 1.3 acres / Neighborhood Park / Zoned RS20 PROJECT DESCRIPTION: Improvements to the parking area, wooded area, trail system and landscaping of exterior clubhouse at Meadowdale Clubhouse site. Replace playground. PROJECT BENEFIT/ RATIONALE: Improvements to retain site as an asset with installation that provides community use of the facility and north Edmonds programming for day care, recreation classes and preschool activities. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $20,000 $0 $0 $40,000 $0 $0 $0 1% for Art TOTAL $20,000 $0 $0 $40,000 $0 $0 $0 * all or part of this Project may qualify for 1% for the Arts 33Packet Page 570 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Milltown Plaza Renovation ESTIMATED PROJECT COST: $40,000 PROJECT DESCRIPTION: Renovate newly acquired Milltown Plaza with improved landscaping and streetscape improvements. Located on main pedestrian walking routes. PROJECT BENEFIT/ RATIONALE: Capital improvements to Important downtown public gathering place. SCHEDULE: 2010 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $40,000 1% for Art TOTAL $40,000 * all or part of this Project may qualify for 1% for the Arts 34Packet Page 571 of 602 CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Pine Ridge Park Improvements ESTIMATED PROJECT COST: $80,000 83rd Avenue West and 204th St. SW, Edmonds City Limits, within Snohomish County 22 acres (20 acres zoned openspace/2 acres neighborhood park) Zoned Public; Adopted Master Plan PROJECT DESCRIPTION: Implement forest study to continue with habitat and forest improvements, tree planting, wildlife habitat attractions, trail improvements, signs, parking. Natural trail links under Main Street connecting to Yost Park. PROJECT BENEFIT/ RATIONALE: Retention of natural open space habitat site and regional trail connections. SCHEDULE: 2014 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $80,000 1% for Art TOTAL $80,000 New additions meet the 1% for the Arts Ordinance requirements 35Packet Page 572 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Seaview Park Improvements ESTIMATED COST: $21,000 80th Street West and 186th Street SW, Snohomish County, within Edmonds City limits 5.5 acres; Neighborhood Park/ Zoned Public; Purchased and developed with LWCF funds through IAC; protected with Deed- Of-Right PROJECT DESCRIPTION: Annual repair and upgrade to facilities and fields. Re-surface tennis courts, pathway improvements, and play area maintenance. Renovate restrooms. PROJECT BENEFIT/ RATIONALE: Site serves as neighborhood park with children’s play area, open lawn, softball/baseball fields and soccer fields, restroom facilities, basketball court, parking and tennis courts. SCHEDULE: 2010, 2014 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $11,000 $0 $0 $0 $10,000 $0 $0 1% for Art TOTAL $11,000 $0 $0 $0 $10,000 $0 $0 * all or part of this Project may qualify for 1% for the Arts 36Packet Page 573 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Sierra Park Improvements ESTIMATED PROJECT COST: $105,000 80th Street West and 191th Street SW, Snohomish County, within Edmonds City limits 5.5 acres; Neighborhood Park/ Zoned Public PROJECT DESCRIPTION: Improve pathways and interpretive braille signs. Field renovation to include field drainage for turf repair. PROJECT BENEFIT/ RATIONALE: Site serves as neighborhood park with children’s play area, open lawn, softball/baseball fields and soccer fields, portable restroom facilities, basketball hoops, parking and Braille interpretive trail for the blind. SCHEDULE: 2012-2013 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $30,000 $75,000 1% for Art TOTAL $30,000 $75,000 * all or part of this Project may qualify for 1% for the Arts 37Packet Page 574 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Yost Park/Pool Improvements ESTIMATED PROJECT COST: $ 215,000 PROJECT DESCRIPTION: Pool replastering, tile work, and annual anticipated and unanticipated repairs. Add in-pool play amenities. Park site improvements and repairs to trails and bridges, picnicking facilities, landscaping, parking, tennis/pickleball courts and erosion control. ADA improvements. PROJECT BENEFIT/ RATIONALE: Beautiful natural area serves as upland area for environmental education programs as well as enjoyable setting for seasonal Yost Pool users. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $45,000 $120,000 $10,000 $10,000 $10,000 $10,000 $10,000 1% for Art TOTAL $45,000 $120,000 $10,000 $10,000 $10,000 $10,000 $10,000 * all or part of this project may qualify for 1% for the Arts. 38Packet Page 575 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Citywide Beautification ESTIMATED PROJECT COST: $230,000 PROJECT DESCRIPTION: Beautification citywide to include library, Senior Center, outdoor plaza, city park, corner parks, irrigation, planting, mulch, FAC Center, vegetation, tree plantings, streetscape/gateways/street tree planting, flower basket poles. PROJECT BENEFIT/ RATIONALE: Improve beautification citywide and provide comprehensive adopted plan for beautification and trees. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $30,000 $30,000 $30,000 $30,000 $35,000 $35,000 $40,000 1% for Art TOTAL $30,000 $30,000 $30,000 $30,000 $35,000 $35,000 $40,000 39Packet Page 576 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Miscellaneous Paving ESTIMATED PROJECT COST: $30,000 PROJECT DESCRIPTION: Includes miscellaneous small paving and park walkway improvements citywide. PROJECT BENEFIT/ RATIONALE: Capital improvement needs citywide in park system. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $0 $10,000 $0 $10,000 $0 $10,000 $0 1% for Art TOTAL $0 $10,000 $0 $10,000 $0 $10,000 $0 * all or a portion of these projects may qualify for 1% for the Arts. 40Packet Page 577 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Citywide Park Improvements / Misc Small Projects ESTIMATED PROJECT COST: $265,000 PROJECT DESCRIPTION: Citywide park facility and public landscaping improvements including signage, interpretive signs, buoys, tables, benches, trash containers, drinking fountains, backstops, bike racks, lighting, small landscaping projects, play areas and equipment. Landscape improvements at beautification areas and corner parks, public gateway entrances into the city and 4th Avenue Corridor from Main St. to the Edmonds Center for the Arts, SR 104, street tree and streetscape improvements. PROJECT BENEFIT/ RATIONALE: Overall capital improvements for citywide park facilities and streetscape improvements in public areas. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering / Administration Construction $35,000 $35,000 $35,000 $40,000 $40,000 $40,000 $40,000 1% for Art TOTAL $35,000 $35,000 $35,000 $40,000 $40,000 $40,000 $40,000 41Packet Page 578 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION . PROJECT NAME: Sports Field / Playground Partnerships ESTIMATED PROJECT COST: $100,000 PROJECT DESCRIPTION: Partnerships with locals school, organizations, or neighboring jurisdictions to upgrade additional youth ball field or play facilities or playgrounds to create neighborhood park facilities at non-City facilities. PROJECT BENEFIT/ RATIONALE: Annual partnerships with matching funds to create additional facilities. SCHEDULE: 2010 - 2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Engineering & Administration Construction $25,000 $0 $25,000 $0 $25,000 $0 $25,000 1% for Art TOTAL $25,000 $0 $25,000 $0 $25,000 $0 $25,000 42Packet Page 579 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Aquatic Center at Yost Park ESTIMATED PROJECT COST: $5,000,000 – $23,000,000 PROJECT DESCRIPTION: Implement recommendations of the Aquatics Feasibility Study completed in 2009. Six scenarios were presented and the plan recommended by the consultants was a year round indoor pool with an outdoor recreational opportunity in the summer. The project is dependent upon a public vote. PROJECT BENEFIT/ RATIONALE: The current Yost Pool, built in 1972, is nearing the end of its life expectancy. The comprehensive study done in 2009 assessed the needs and wants of Edmonds citizens in regard to its aquatic future as well as the mechanical condition of the current pool. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL * all or part of this Project may qualify for 1% for the Arts 43Packet Page 580 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Interurban Trail Improvements ESTIMATED PROJECT COST: $200,000 Matching Grant Funds WWRC/ IAC, additional funding from PSRC / CMAQ PROJECT DESCRIPTION: Trail Improvements Major construction improvements to this abandoned interurban railway link including 1.37 miles of trail, upgraded shared roadway, trail spur to Mathay Ballinger Park, and the creation of Ballinger Station to house a shelter, kiosk, historical interpretation, water fountain and solar bollards. PROJECT BENEFIT/ RATIONALE: Final trail system missing link to connect already completed sections in Shoreline and Mountlake Terrace through the Ballinger neighborhood of Edmonds. Increased safety and public enjoyment for recreationalists and bicycle commuters. SCHEDULE: 2011 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $200,000 Construction 1% for Art TOTAL $200,000 * all or part of this project may qualify for 1% for the Arts. 44Packet Page 581 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Miscellaneous Unpaved Trail/Bike Path/Improvements ESTIMATED PROJECT COST: $ 30,000 PROJECT DESCRIPTION: Complete portions of designated trail through public parks to meet the goals of the Bicycle Plan and Pathway Plan. PROJECT BENEFIT/ RATIONALE: Walking and connections was listed as a high priority in the comprehensive Park Plan from public survey data. Creating trails, paths and bike links is essential to meet the need for the community. Provides for the implementation of the citywide bicycle path improvements and the elements and goals of the citywide walkway plan. Linked funding with engineering funding. SCHEDULE: 2010-2016 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $0 $10,000 $0 $10,000 $0 $10,000 $0 1% for Art TOTAL $0 $10,000 $0 $10,000 $0 $10,000 $0 * all or part of these projects may qualify for 1% for the Arts. 45Packet Page 582 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Cultural Arts Facility Needs Study ESTIMATED PROJECT COST: $15,000 PROJECT DESCRIPTION: Initiate feasibility study of providing and promoting Cultural / Arts facilities for the City of Edmonds. The need for visual and performing arts facilities is a high priority stated in the adopted updated Community Cultural Arts Plan 2001 and in the 2008 update process. PROJECT BENEFIT/ RATIONALE: The City of Edmonds desires to secure and provide for public Cultural Arts facilities in the community. The emphasis on the arts as a high priority creates the need to study performance, management and long term potential for arts related facilities. SCHEDULE: 2012 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study $15,000 Eng. & Admin. Construction 1% for Art TOTAL $15,000 * all or part of this Project may qualify for 1% for the Arts 46Packet Page 583 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Parks, Recreation & Open Space Comprehensive Plan ESTIMATED PROJECT COST: $ 60,000 PROJECT DESCRIPTION: The purpose of the plan is to identify the need for parks, open space, and recreation facilities in the Edmonds area and to establish policies and implement strategies to meet those needs. PROJECT BENEFIT/ RATIONALE: The plan identifies and evaluates existing park and recreation facilities and programs and develops an approach to ensure their continuation and expansion. SCHEDULE: 2014 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study $60,000 Eng. & Admin. Construction 1% for Art TOTAL $60,000 * all or part of this Project may qualify for 1% for the Arts 47Packet Page 584 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Edmonds Marsh Environmental Master Plan ESTIMATED PROJECT COST: $30,000 South of Dayton Street and Harbor Square, east of BSNF railroad, west of SR 104, north of UNOCAL 23.2 acres; Natural Open Space / Zoned Open Space PROJECT DESCRIPTION: Produce comprehensive environmental master plan for the Edmonds Marsh. Final document will include an ecological assessment and environmental impact study with input from the public and local organizations. PROJECT BENEFIT/ RATIONALE: The Edmonds Marsh is a unique urban salt and fresh water marsh with abundant habitat / wildlife species. It is a designated and protected bird sanctuary. Protection is vital. Plan will directly correlate with goals and recommendations included in WRIA8 Chinook Salmon Conservation Plan. Co-fund the completion of master plan using Storm Water Utility funds as defined in the comprehensive Storm Water Management Plan. SCHEDULE: 2012 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study $30,000 Eng. & Admin. Construction 1% for Art TOTAL $30,000 48Packet Page 585 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Pine Ridge Park Forest Management Study ESTIMATED PROJECT COST: $30,000 PROJECT DESCRIPTION: Hire consultant to develop a plan for best forest management practices in Pine Ridge Park. PROJECT BENEFIT/ RATIONALE: This forest park is under stress from over-mature trees especially alder and others. This study will give the Parks Division necessary guidance to better manage this park to become a more healthy forest and open space. SCHEDULE: 2013 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study $30,000 Eng. & Admin. Construction 1% for Art TOTAL $30,000 49Packet Page 586 of 602 5 0 P a c k e t P a g e 5 8 7 o f 6 0 2 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Debt Service on Approved Capital Projects and Acquisitions ESTIMATED PROJECT COST: $3,846,723 00 (2013-2014), debt retired end of 2014 5 Anderson Center Seismic Retrofit: $29,777 PROJECT DESCRIPTION: Approximate annual debt service payments on: City Hall: $417,000 (2010-2012), $312,0 Marina Beach / Library Roof: $182,428 PSCC (Edmonds Center for the Arts): $69,18 PROJECT BENEFIT/ RATIONALE: Debt service to pay for approved capitol projects SCHEDULE: 2010-2016 COST DOBREAKWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction Art 1% for TOTAL $700,597 $699,312 $697,717 $596,418 $592,564 $279,032 $281,083 * all or part of this Project may qualify for 1% for the Arts 51Packet Page 588 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Miscellaneous Open Space/Land ESTIMATED PROJECT COST: $400,000 PROJECT DESCRIPTION: Acquisition of properties when feasible that will benefit citizens that fit the definitions and needs identified in the Parks Comprehensive Plan. PROJECT BENEFIT/ RATIONALE: Fulfills needs of citizens for parks, recreation and open space. SCHEDULE: 2012, 2015 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL $200,000 $200,000 52Packet Page 589 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Waterfront/Tidelands Acquisition ESTIMATED PROJECT COST: $200,000 PROJECT DESCRIPTION: Acquire waterfront parcels and tidelands wherever feasible to secure access to Puget Sound for public use as indentified in the Parks, Recreation & Open Space Comprehensive Plan PROJECT BENEFIT/ RATIONALE: Public ownership of waterfront and tidelands on Puget Sound SCHEDULE: 2013 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction 1% for Art TOTAL $200,000 53Packet Page 590 of 602 5 4 P a c k e t P a g e 5 9 1 o f 6 0 2 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: 4th Avenue Cultural Corridor: Planning ESTIMATED PROJECT COST: $225,000 PROJECT DESCRIPTION: Begin 4th Avenue site design phase 2 for public right of way to build on phase 1, 2009 design and implementation plan to minimum 30% engineering. Construction phase to start 2015. PROJECT BENEFIT/ RATIONALE: The corridor improvements in the public right of way will encourage pedestrian traffic & provide a strong visual connection along 4th Ave. Improvements will enhance connectivity as an attractive walking corridor & contribute to the economic vitality in the downtown by encouraging the flow of visitors between the downtown retail & the Edmonds Center for the Arts. Timing for 30% design phase is crucial as the City addresses utility projects in the area & will assist the City in the process of identifying & acquiring funding sources for the project implementation phase. SCHEDULE: 2011, 2014 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study $25,000 $200,000 Engineering & Administration Construction 1% for Art TOTAL $25,000 $200,000 * all or part of this Project may qualify for 1% for the Arts 55Packet Page 592 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: 4th Avenue Cultural Corridor ESTIMATED PROJECT COST: $50,000 PROJECT DESCRIPTION: Begin 4th Avenue site development with temporary and/or moveable surface elements and amenities to begin drawing attention and interest to the corridor and create stronger visual connection between Main Street and the Edmonds Center for the Arts. Possible projects may include surface art, signage and wayfinding, or low level lighting. PROJECT BENEFIT/ RATIONALE: The corridor improvements in the public right of way will encourage pedestrian traffic & provide a strong visual connection along 4th Ave. Improvements will enhance connectivity as an attractive walking corridor & contribute to the economic vitality in the downtown by encouraging the flow of visitors between the downtown retail & the Edmonds Center for the Arts. Timing for 30 & design phase is crucial as the City addresses utility projects in the area & will assist the City in the process of identifying & acquiring funding sources for the project implementation phase. SCHEDULE: 2011 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $50,000 $1 M 1% for Art TOTAL $50,000 $1 M * all or part of this Project may qualify for 1% for the Arts 56Packet Page 593 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Dayton Street Plaza ESTIMATED PROJECT COST: $132,500 PROJECT DESCRIPTION: Renovate small park and plaza at north end of old public works building, 2nd & Dayton Street. Improve landscaping, plaza, and accessibility. PROJECT BENEFIT/ RATIONALE: Capital improvements to public gathering space and creation of additional art amenities and streetscape improvements in downtown on main walking route. Financial support from Edmonds Arts Festival Foundation, Hubbard Foundation and Edmonds in Bloom. SCHEDULE: 2011 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $135,500 1% for Art TOTAL $135,500 * all or part of this Project may qualify for 1% for the Arts 57Packet Page 594 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Interurban Trail Improvements ESTIMATED PROJECT COST: $1,327,000 Matching Grant Funds WWRC/ IAC, additional funding from PSRC / CMAQ PROJECT DESCRIPTION: Trail Improvements Major construction improvements to this abandoned interurban railway link including 1.37 miles of trail, upgraded shared roadway, trail spur to Mathay Ballinger Park, and the creation of Ballinger Station to house a shelter, kiosk, historical interpretation, water fountain and solar bollards. PROJECT BENEFIT/ RATIONALE: Final trail system missing link to connect already completed sections in Shoreline and Mountlake Terrace through the Ballinger neighborhood of Edmonds. Increased safety and public enjoyment for recreationalists and bicycle commuters. SCHEDULE: 2011 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration $1,327,000 Construction 1% for Art TOTAL $1,327,000 * all or part of this project may qualify for 1% for the Arts. 58Packet Page 595 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: Senior Center Parking Lot/Drainage ESTIMATED PROJECT COST: $300,000 PROJECT DESCRIPTION: Rehabilitate South County Senior Center parking lot including pavement re-surfacing, storm water/drainage management, effective illumination and landscaping. Seek grant opportunities and partnership opportunities. PROJECT BENEFIT/ RATIONALE: Improvements to retain capital assets and provide safety and better accessibility for Seniors. SCHEDULE: 2012 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Eng. & Admin. Construction $300,000 1% for Art TOTAL $300,000 * all or part of this Project may qualify for 1% for the Arts 59Packet Page 596 of 602 CITY OF EDMONDS CAPITAL IMPROVEMENT PROJECT DESCRIPTION PROJECT NAME: City Park Spray Park ESTIMATED PROJECT COST: $150,000 PROJECT DESCRIPTION: Renovate the former site of the City Park wading pool by constructing a spray park amenity to be used in the summer. These structures have become very popular in many communities as replacements for wading pools that are no longer acceptable to increased health department regulations. These installations create no standing water and therefore require little maintenance and no lifeguard costs. Staff will seek voluntary donations for construction costs. PROJECT BENEFIT/ RATIONALE: These amenities are very popular in all communities where they have been installed. Using the former wading pool site allows existing plumbing, drainage, pump house, connecting paths and fencing to be used. This will be a much valued attraction that will increase the popularity of this much loved park. SCHEDULE: 2011 COST BREAKDOWN PROJECT COST 2010 2011 2012 2013 2014 2015 2016 Planning/Study Engineering & Administration Construction $150,000 1% for Art TOTAL $150,000 *all or part of this project may qualify for 1% for the arts 60Packet Page 597 of 602 AM-3382   Item #: 10. City Council Meeting Date: 09/21/2010 Time:15 Minutes   Submitted By:Sandy Chase Department:City Clerk's Office Review Committee: Committee Action: Type:Information  Information Subject Title Report on City Council Committee Meetings of September 14, 2010. Recommendation from Mayor and Staff N/A Previous Council Action N/A Narrative Minutes are attached for the following City Council Committee Meetings: 09-14-10 Community Services/Development Services Committee 09-14-10 Finance Committee Please note:  The minutes for the 09-14-10 Public Safety Committee were not available at the time the Council packet was prepared.  Copies will be provided separately.   Attachments 09-14-10 CSDS Committee Minutes 09-14-10 Finance Committee Minutes Form Review Inbox Reviewed By Date Community Services/Economic Dev.Stephen Clifton 09/16/2010 03:18 PM Final Approval Sandy Chase 09/16/2010 03:30 PM Form Started By: Sandy Chase Started On: 09/16/2010 02:08 PM Final Approval Date: 09/16/2010  Packet Page 598 of 602 M I N U T E S Community Service/Development Services Committee Meeting September 14, 2010 Elected Officials Present: Staff Present: Council Member Strom Peterson, Chair Rob Chave, Planning Manager Council Member Petso Kernen Lien, Associate Planner Rob English, City Engineer Phil Williams, Public Works Director Brian McIntosh, Parks Director Bertrand Hauss, Transportation Engineer The committee convened at 6:00 p.m. A. Increasing fines for illegal tree cutting. Kernen Lien, Associate Planner, presented information on different approaches for how fines for illegal tree cutting may be assessed and reviewed, including how a number of Tree City USA communities assessed fines for illegal tree cutting. Remedies for illegal tree cutting range from restoration – which may be based on the value of what was cut or on a tree-for-tree or some other ratio of replanting – to fines based on the value of what was removed. Valuation of the tree(s) cut can be determined by methods described in the Guide for Plant Appraisal authored by the Council of Tree and Landscape Appraisers, or a simple fine can be applied per tree removed. Fines ranged from $50 to $3,000 for the Tree City USA communities reviewed, although many seemed to have basic fines in the $1,000 range. Mr. Lien discussed how the fines may vary depending on where the illegal tree cutting occurred, for example trees that are located within critical areas or on City property often have larger fines than trees which are cut on private property without any critical areas present. In addition, some communities also consider other factors, such as to what extent the cutting affected the value of the underlying property or the surrounding area. The City of Edmonds’ current fines for illegal tree cutting are $500 per tree, and are tripled to $1,500 for trees illegally cut within critical areas. The City also has the option to increase permit fees for up to five times according to the City’s fee schedule adopted under Resolution Number 1192. ACTION: The Committee indicated a desire to increase the City of Edmonds fines for illegal tree cutting and asked that code amendments be brought to the full Council for consideration which will (1) increase the basic fine for illegal tree cutting to $1,000 per tree, and (2) provide for a tripling of fines if the tree is located on public property or right of way. B. Capital Facilities Plan (2011-2016). Rob English, City Engineer, presented information on the draft 2011-2016 Capital Facilities Plan (CFP) and the projects that are contained in the document. Mr. English also reviewed the draft 2011-2016 Capital Improvement Plan (CIP) and explained the differences between the CFP and CIP. Staff requested comments from the Council committee and asked if they had a preference on whether to include specific projects as part of the presentation to the City Council on September 21st. A public hearing on the CFP is scheduled for the October 5, 2010 Council meeting. Packet Page 599 of 602 CS/DS Committee Minutes September 14, 2010 Page 2 2 Councilmember Petso asked if the potential TBD revenue generated by the proposed TBD ballot measure could be diverted for other purposes besides the capital projects approved by the TBD Board. Staff replied that this was a policy question for the Board, but the ordinance approved by the Board specified the additional TBD revenue for the 37 capital projects in the ordinance. Councilmember Petso requested that the presentation include information on the Edmonds Crossing WSDOT Ferry/Multimodal project. ACTION: Staff will present the draft 2011-2016 CFP to Council on September 21st for information and schedule a public hearing for the October 5, 2010 Council meeting. C. Briefing on the Six-Year Transportation Improvement Program (2011-2016) Bertrand Hauss, Transportation Engineer, presented the 2011-2016 Transportation Improvement Program (TIP). Mr. Hauss explained that the TIP identifies all the transportation projects that are planned within the next 6 years, along with the appropriate funding source (secured / unsecured Federal and State grants and / or local funding). Due to the transportation funding shortfall, the TBD is also identified as a potential funding source. Since the first 3 years of the TIP are financially constrained, this potential revenue source isn’t identified until 2014. A short description of each project programmed for 2011 was presented (Dayton St. Overlay, 228th St. SW Corridor Improvements, Main St. Pedestrian lighting, Shell Valley Emergency Access, and 226th St. SW Walkway). The construction of the 228th St SW Corridor Improvements is estimated at approximately $3.45M in 2014. Since the cost is so high, the Committee members asked if this phase of the project would be eligible for partial grant funding, instead of 100% TBD funding (as currently identified in the draft TIP). Staff replied that this is a regional project and the possibility of receiving additional grants was high. Staff will revise the TIP to show additional federal/state grant funding for this project. ACTION: Staff will present the proposed Six-year TIP to the Council on September 21, 2010 and a public hearing is scheduled after the presentation to receive public comments. The meeting adjourned at _7:00___ p.m. Packet Page 600 of 602 FINANCE COMMITTEE MEETING MINUTES September 14, 2010 6:00 PM R:\COUNCIL\FINANCE COMMITTEE\09-14-2010\9-14-10 MINUTES.DOCX Present: Councilmember Bernheim Councilmember Plunkett Councilmember Buckshnis Councilmember Wilson Councilmember Fraley-Monillas Staff: Al Compaan, Chief of Police Lorenzo Hines Jr., Director, Finance and Information Services Debi Humann, Human Resources Director Sandy Chase, City Clerk Carl Nelson, Chief Information Officer Public: Ron Wambolt Don Hall Darrol Haug Bruce Wittenberg Roger Hertrich Councilmember Plunkett called the meeting to order at 6:00 PM. A. Edmonds Chamber of Commerce request for funding Committee members briefly discussed the request. The committee proposed to invite the Chamber of Commerce to make a presentation to the committee regarding the funding request. B. Non-Represented Compensation Policy (NRC) Councilman Plunkett clarified that the existing NRC recommendation for next year will be taken up as a salary ordinance in association with the budget. Tonight’s NRC topic is in relationship to the future of ongoing NRC policies. The Committee asked Debi Humann questions to better understand the current policy. The Committee recommended that full council, with the help of a consultant, review the NRC. C. Discussion and review of debt service in Funds 125 and 126 Councilman Plunkett asked for information regarding the history and funding methodology for project debt service supported by fund 126. Mr. Hines referred the committee to the Director of Parks, who could give them the history behind the projects, and to the City attorney who could give them the legal requirements of both funds. Mr. Hines also referred the committee to the REET overview that Mr. Hines provided at the Council retreat earlier this year. The committee will keep the issue pending further discussion. Packet Page 601 of 602 Finance Committee Minutes, Page 2 D. Discussion of Mayor discretionary pay increases for vacant position Debi Humann discussed the history and the supporting ordinance, which gives the Mayor this discretion. The committee will keep the issue pending further discussion. E. Discussion on unexpended wages and benefits The committee members discussed alternatives for the deposition of unexpended wages and benefits. The committee forwarded the issue to the full Council for discussion. F. Interlocal Agreement with SERS for low cost dark fiber Carl Nelson gave an overview of this issue, explaining the background, history, and the positive impacts of this agreement. The committee forwarded the issue to the full Council consent agenda. G. Public Comments (3-minute limit per person) Comments were made by the following members of the public in addition to committee members: Don Hall Ron Wambolt Roger Hertrich Comments and questions were provided: 1) complimenting the quick length of the Finance Committee meeting; 2) tardiness of city financial statements; 3) an accounting issue pertaining to $2 million in the General Fund, raised by Councilman Plunkett at the September 7, 2010 Council meeting; 4) Mr. Hines’ responses in Topic C, above; and, 5) using consulting services to revise the NRC. Adjournment - The meeting was adjourned at 7:00 PM. Packet Page 602 of 602