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2019-10-15 City Council - Full Agenda-24671. 2. 3. 4. 5. 7 8. 9 o Agenda Edmonds City Council snl. ,nyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 OCTOBER 15, 2019, 7:00 PM "WE ACKNOWLEDGE THE ORIGINAL INHABITANTS OF THIS PLACE, THE SDOHOBSH (SNOHOMISH) PEOPLE AND THEIR SUCCESSORS THE TULALIP TRIBES, WHO SINCE TIME IMMEMORIAL HAVE HUNTED, FISHED, GATHERED, AND TAKEN CARE OF THESE LANDS. WE RESPECT THEIR SOVEREIGNTY, THEIR RIGHT TO SELF-DETERMINATION, AND WE HONOR THEIR SACRED SPIRITUAL CONNECTION WITH THE LAND AND WATER. - CITY COUNCIL LAND ACKNOWLEDGMENT CALL TO ORDER/FLAG SALUTE LAND ACKNOWLEDGMENT ROLL CALL APPROVAL OF THE AGENDA AUDIENCE COMMENTS (3-MINUTE LIMIT PER PERSON) - REGARDING MATTERS NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of October 8, 2019 2. Approval of claim, payroll and benefit checks, direct deposit and wire payments. 3. Acknowledgment of Claim for Damages 4. August 2019 Monthly Financial Report 5. Proposed 2020 Budget Follow up Memo 6. ILA Verdant Health Commission - Outdoor Fitness Zones Amendment 7. Marsh Boardwalk Easement 8. Hyundai Pedestrian Easement 9. Lynnwood Mazda Pedestrian Easement 10. Citywide Pedestrian Enhancements Project - Easements PUBLIC HEARING 1. Public Hearing on Street Vacation Code Update (60 min) COUNCIL COMMITTEE REPORTS 1. Monthly Council Subcommittee Reports and Minutes (10 min) ACTION ITEMS 1. Investment Grade Audit for Citywide ESCO Project (10 min) 2. 3rd Quarter Budget Amendment (10 min) 3. Resolution in Opposition to 1-976 (10 min) Edmonds City Council Agenda October 15, 2019 Page 1 4. Securitization Requirement for Edmonds Senior Center Grants from the State of Washington (1S min) 5. Authorization for the Mayor to sign a Professional Services Agreement with Tetra Tech for the Ballinger Regional Facility (10 min) 10. STUDY ITEMS 1. Council funding for Sponsorship of the Martin Luther King Tribute (10 min) 2. City Attorney Evaluation (45 min) 11. MAYOR'S COMMENTS 12. COUNCIL COMMENTS 13. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(1). 14. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. ADJOURN Edmonds City Council Agenda October 15, 2019 Page 2 6.1 City Council Agenda Item Meeting Date: 10/15/2019 Approval of Council Meeting Minutes of October 8, 2019 Staff Lead: Scott Passey Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation Review and approve the draft meeting minutes on the Consent Agenda. Narrative N/A Attachments: 10-08-2019 Draft Coucil Meeting Minutes Packet Pg. 3 6.1.a EDMONDS CITY COUNCIL DRAFT MINUTES October 8, 2019 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Adrienne Fraley-Monillas, Council President Michael Nelson, Councilmember Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Dave Turley, Assistant Finance Director Shannon Burley, Deputy Parks & Recreation Dir Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5t1i Avenue North, Edmonds. The meeting was opened with the flag salute. 2. LAND ACKNOWLEDGEMENT Councilmember Mesaros read the City Council Land Acknowledge Statement: "We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water." 3. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 4. APPROVAL OF AGENDA COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 5. APPROVAL OF CONSENT AGENDA ITEMS COUNCIL PRESIDENT FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL MEETING MINUTES OF OCTOBER 1, 2019 2. ACKNOWLEDGMENT OF CLAIM FOR DAMAGES Edmonds City Council Draft Minutes October 8, 2019 Page 1 Packet Pg. 4 6.1.a PRESENTATION 1. SNOHOMISH COUNTY PUD ENERGY INCENTIVES AWARD Public Works Director Phil Williams introduced Wastewater Treatment Plant Manager Pamela Randolph, Electrical/Instrument Technician Dan Korstad and Snohomish County PUD Energy Specialists Allison Grinsell and Jim Conman. He explained the City has had several ESCO projects at the WWTP to deliver quality energy savings which is one of the ways to fund projects. Another way is to work with PUD to receive energy saving payments; when the City does a project that saves a significant amount of energy, some of the cost can be paid for by PUD. Ms. Randolph reviewed • In 2010 Plant staff began working with SnoPUD and entered into an Energy Challenge • Continue to work with PUD to fund replacement of equipment with more efficient options • WWTP: 2012-2109 PUD Revenue and Debt of Commerce Grant Year Inter ovt Revenue -PUD Commerce Grant 2012 $73,725 2013 $51,338 2014 $1,792 2015 $5,027 $255,000 2016 2017 $11,265 2018 $43,880 2019 $62,542 Total $249,571 $255,000 GRAND TOTAL $504,571 • Energy projects also saved the City over $200,000/year in energy savings Mr. Williams pointed out the $200,000/year since approximately 2012 totals about $ I AM in energy savings. That, plus other savings, is about a 30% reduction in the WWTP energy bill since 2012. The WWTP is the City's single largest energy user. Ms. Grinsell reviewed the screw press and blower project: • 7% energy savings at the plant • 250,170 total kWh savings (energy to power 22 standard homes in Snohomish County or the Edmonds Library for a year) • $62,542 total incentives • $17,500 in avoided PUD changes • $82,042 total project benefit • Savings achieved through: o Replacing belt presses w/screw presses o Reducing and/or replacing unneeded miscellaneous equipment o Optimizing blower usage based on air demand Ms. Grinsell said the greatest thing about working with Edmonds WWTP is they come to SnoPUD to inquire about partnering which makes it much easier for SnoPUD to provide incentives, etc. Mr. Conman explained Wastewater Energy Coaching (WEC) is a strategic energy management program offered by SnoPUD; six wastewater treatment facilities in Snohomish County participate in the program. The program is now is year three but the following results are from performance year two. These are low/no Edmonds City Council Draft Minutes October 8, 2019 Page 2 Packet Pg. 5 6.1.a cost measures, a concerted effort by WWTP staff to find small items around the plant to save money. He reviewed the results for performance year two: • 8.9% energy savings • 324,694 total kWh savings (energy to power 28 homes or City Hall and Yost Pool for a year) • $27,04 total incentive received • $53,145 in avoided PUD charges • $81,059 total WEC benefit • No cost/low cost measures o Reducing spray water o Optimization of motors o Turning off. heat trace, lighting, etc. when not in use Mr. Conman commented on the importance of executive leadership for the success of these programs as it sets the example for WWTP staff. Mr. Williams commented both with ESCO projects and working with partners like PUD, much of the equipment had to be replaced anyway, but some of the expense can be paid for via these programs which in addition to reducing energy costs, also dramatically reduces operations and maintenance costs at the WWTP. Councilmember Mesaros commented he had a friend who was board member for Puget Sound Energy, a for -profit company as opposed to a public utility district like SnoPUD. He recalled his friend saying it was interesting being a board member for a for -profit utility that gives incentives to their customers not to use their product. He understood why a public utility district would do that, but it is an interesting industry that creates incentives for customers not to use their product. He complimented the WWTP staff for the great work they do and for saving the City and taxpayers money. Council President Fraley-Monillas commented she has toured the WWTP and asked what a screw press was. Ms. Randolph answered there are many different technologies for thickening solids. The screw press takes a flow of waste -activated sludge and primary sludge, polymer is added to get it to flocculate, and added to a screw inside a tube with holes and as the flow is pushed through, it creates pressure and water is released and the screw pushes it through to compress it. The flow goes from about a 1% solid which approximates dirty water to about the consistency of a moist brownie or cake. There is also a washing mechanism to keep the screw clean. Council President Fraley-Monillas asked if that is then burned. Mr. Williams agreed that was the next phase, running that cake through the pyrolysis. Council President Fraley- Monillas thanked the WWTP for their work. Councilmember Teitzel agreed the WWTP staff does a great job; he has also taken the tour and was very impressed with the facility. He referred to the screw press and the blower process and asked if that will make it make easier to convert to the pyrolysis method. Ms. Randolph answered absolutely. A few years ago the WWTP put together a pathway to sustainability, things that need to be done in preparation for replacement of the incinerator. The screw press provides the ability to get up to 3 1 % solids versus a belt press that cannot exceed 24%. The capability to get to 30% allows it to go into a dryer and prepare to go into pyrolysis which will meet 70% solids. Mayor Earling expressed his thanks, recalling he has signed several grants and he appreciated the success each one brings to the City. He thanked the WWTP on behalf of the City and taxpayers for the good work they do. SnoPUD presented a check to Mayor Earling and the City Council for the WWTP Phase 5 Energy project incentive. Edmonds City Council Draft Minutes October 8, 2019 Page 3 Packet Pg. 6 6.1.a 7. AUDIENCE COMMENTS There were no audience comments. 8. PRESENTATION 1. PRESENTATION OF THE PROPOSED 2020 CITY BUDGET Mayor Earling presented the proposed 2020 City budget: "Members of the City Council, staff and Citizens of Edmonds: I am pleased to present to you the City of Edmonds proposed 2020 Budget. Ladies and Gentlemen, whether you have lived in Edmonds for a long time or a short time you have seen Edmonds transform itself from a quiet Puget Sound suburb into a vibrant, dynamic and active Puget Sound suburb. In fact, we have become a valuable contributing player in the region. Part of that change certainly comes from the economic and population growth of our entire region as one of the "hot spots" in the nation. Newer major businesses such as Microsoft, Amazon, Starbuck's and Costco, as well as long time businesses such as Boeing, Nordstrom and Paccar, have broadened and increased employment and population in the Puget Sound. Within the region, counties and cities have had to plan and execute ways in which to accommodate the changes. As we have come out of the deep recession of 2008 we in Edmonds, after taking significant action to reduce spending and revamp our troubled finances of 2008-2011, have since made great progress bringing our community to the strong financial position we are in today. Our focus since 2011, besides dealing with our finances, has been several: rebuilding much of our infrastructure including roads, water, sewer and storm water systems; enhancing our communication within city government and with the public; improving our many parks; expanding our arts programs; improving our business climate; rebuilding the staff cutbacks of 2011; and the undertaking of some large projects. Remember, our City is 129 years old. We must continue work each year to update and modernize our infrastructure as mentioned above. As an example, so far we have spent over $8M the past 7 years on street resurfacing, with another $1.2M scheduled for next year. Over the years we have taken on and completed many new large projects: changes at 228th and Highway 99; safety improvements at 76th and Highway 99; the Five Corners round -about; and the Dayton Street project which is currently underway. More recently: we purchased Civic Field and will begin construction next year on Civic Park; began construction on the new Waterfront Redevelopment; and started the planning process for the long-term Highway 99 improvements; and most recently, completed an extensive study which indicates many of our city -owned facilities need work and we have assembled a list of priorities for maintenance of those properties; in addition, daylighting of Willow Creek will help lead to the restoration of the Marsh and salmon recovery. Large projects, all critical to Edmonds future. To begin maintenance on the aforementioned city facilities, staff and I have assembled $1.5M in the 2020 budget for the first stage of the estimated $6.5M of facilities improvements needed. While we have assembled funds for our portion of the Waterfront Redevelopment and Civic Field, constant vigilance will be needed in meeting those budgets. Edmonds City Council Draft Minutes October 8, 2019 Page 4 Packet Pg. 7 6.1.a Council recalls we had $IOM assembled for major Highway 99 improvements. While we were successful in drawing down $IM of that amount earlier, the remaining state -funded $9M becomes available in 2021. The next administration will need to focus on the Legislature and Washington D.C. for long-term funding for the $150-$175M project, as well as for the additional state and federal funding needed for the Marsh and Willow Creek projects. I asked staff in the spring to be cautious in hiring additional staff for next year. They have met that challenge. Next year the budget includes only two new staff positions. In addition we have made a few shifts in job responsibilities and added three new half-time positions. On the revenue side, we are having another solid year as I mentioned earlier due to our regions very strong economy, and through the efforts of the BID (Edmonds Downtown Alliance), Chamber of Commerce, the Port, and city staff who have worked to increase our reputation as a Daytime Destination. Our arts community adds to the revenue projections. With high -quality local performance groups, the Center for the Arts, and now with the first designation in the state as a "Creative District" the arts in Edmonds continue to flourish and add to the Daytime Destination. Without shopping malls or big box stores, we have created an identity which generates the revenue needed to sustain our community's expectations and quality of life. It is a reputation I hope the new Council and Administration will continue to foster for our future financial wellbeing. The staff and I found great value in the new process suggested by the Council in addressing the Council priorities. Even though we received the Council priorities very late into the budget development process, the staff and I have worked diligently to address the Council priorities. The exhibit on page 27 itemizes the Council priorities and explains how the priorities are foot noted in my Proposed Budget Book. In conclusion we offer you a budget which looks to the future and at the same time is focused on making only good decisions for the long term good of our community. Unlike the financial challenges of 2011 we leave you with a city which has a new sense of energy and vitality. We leave you with a very healthy community and a strong Fund Balance. It has been my pleasure to serve the city." 9. STUDY ITEM 1. MARSH STUDY FINDINGS NEXT STEPS Council President Fraley-Monillas commented there seemed to be some confusion after last week's meeting. She thought she was asked at last week's meeting to develop a committee of Council and perhaps staff to look at Windward's recommendations and to talk with staff about finances, funding sources, whether it could be in-house or by a consultant, etc. The intent was after that committee looked at Windward's recommendations, they would go out to the community to begin discussing the issues. Since then, Councilmember Buckshnis tried to put together another subcommittee to work on this. Council President Fraley-Monillas asked for clarification from the Council regarding what they wanted her to do as there certainly could not be two committees doing the same thing. The volunteers for her committee were Councilmembers Buckshnis, Nelson and Johnson and two staff. Councilmember Buckshnis said the minutes of the last meeting state Councilmember Buckshnis volunteered to head up a task force along with Mr. Lien and Zach and a couple citizens to consider the data and develop some ideas. She envisioned the task force being similar to the Hwy 99 Task Force or the Parking Committee or other task forces the City has had that would look through the material and map out Edmonds City Council Draft Minutes October 8, 2019 Page 5 Packet Pg. 8 6.1.a a course of action for the Council to consider. Council President Fraley-Monillas said her understanding was the Council directed her to create a committee. Councilmember Mesaros recalled he recommended Council President Fraley-Monillas form a committee. As he understood the Council process, one of the Council President's roles is to appoint people to committees. Although a Councilmember may volunteer to serve, that does not mean they can self -appoint. He recommended the Council President develop a committee structure, bring that back to the Council, discuss the appointments she recommends and proceed accordingly. Council President Fraley-Monillas commented the committee members have already volunteered; the remaining question was at what point should be committee involve the community. Councilmember Teitzel echoed Councilmember Mesaros' recommendation. His understanding was that Council President Fraley-Monillas would officially appoint the Councilmembers who volunteered to serve on the committee and he viewed that and Councilmembers volunteering to serve on the committee as one in the same. Councilmember Mesaros recommended Council President Fraley-Monillas form the group and they take the question about how to engage the public under advisement and present a process to the Council for consideration. The Council has done a good job engaging the public to this point and he envisioned that continuing. Councilmember Johnson envisioned the group being the most effective if it was comprised of Councilmembers and staff. That would allow them to move quickly through next steps and come up with a recommendation before the end of the year. After that framework is developed, public input can be sought. She said it would be inefficient and ineffective to start a whole new process. Council President Fraley-Monillas said she had also initially determined this would not be a large term committee and if the Council wanted to do something later that would be appropriate. Two staff and three Councilmembers have volunteered to participate on the committee; the goal will be to first talk about Windward's recommendations, if and how to implement those, and provide recommendations for engaging the public in the future and moving forward. She had thought it would take two meetings but now realizes it may require four meetings. COUNCILMEMBER JOHNSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO AUTHORIZE THE COUNCIL PRESIDENT TO APPOINT A SHORT TERM TASK FORCE FOR THE PURPOSE OF MOVING FORWARD WITH THE MARSH RECOMMENDATIONS. Councilmember Buckshnis commented the material is massive. She asked for a definition of short term. Councilmember Johnson said by the end of the year. MOTION CARRIED UNANIMOUSLY. 10. MAYOR'S COMMENTS Mayor Earling reported Edmonds was awarded a $1.85M grant by Sound Transit for citywide bicycle improvements due to the good work of the City's Transportation Engineer Bertrand Hauss. The grant will improve bicycle and pedestrian access throughout the City, making it easier and safer to reach the Sounder station and the Mountlake Terrace light rail station. It is a very exciting project; approximately 15-20 cities throughout the region received grants to help the facilitate movement of people. Edmonds City Council Draft Minutes October 8, 2019 Page 6 Packet Pg. 9 Mayor Earling referred to a new magazine, WELCOME, that includes an article regarding the new CEO of Paine Field and about half the magazine is a writeup about Edmonds. He recognized the work of two of the City's contract employees, Ellen Hiatt and Carolyn Douglas, to promote Edmonds. 11. COUNCIL COMMENTS Councilmember Teitzel reported City staff, Councilmember Mesaros and he have been working on the parking issue, engaging the community in late August/early September both via a survey and a meeting. A lot of great input was received including over 700 responses to the survey with thousands of individual comments. Staff is summarizing that data and determining next steps based on the input provided. The plan is for staff to present that information to Council on October 22. The results of the study will be released to the public shortly after. Council President Fraley-Monillas advised she will provide a list of who will be on the task force tomorrow. Councilmember Mesaros reported seeing an announcement on the television news of Edmonds receiving the bicycle grant from Sound Transit. He looked forward to staff presenting a summary of the public input regarding parking. He noted the article in WELCOME will bring more people to Edmonds, making the parking study that much more important. Councilmember Mesaros relayed Councilmembers as well as candidates for office were invited to a reception at the Edmonds Center for the Arts on October 12 prior to the performance by violinist Kelly Hall -Tompkins. Councilmember Mesaros recognized Yom Kippur, the Day of Atonement, began tonight, when the Jewish committee asks people to seek forgiveness and atonement for any wrongs that have happened over the past year, a sacred holiday in the Jewish faith. He wished all Jewish citizens a good holiday. Councilmember Buckshnis also recognized the start of Yom Kippur. Councilmember Buckshnis thanked everyone who dressed up their dogs and attended Halloween Howl which raised over $1300 to assist Off Leash Area Edmonds (OLAE). 12. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 13. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 14. ADJOURN With no further business, the Council meeting was adjourned at 7:45 p.m Edmonds City Council Draft Minutes October 8, 2019 Page 7 Packet Pg. 10 6.2 City Council Agenda Item Meeting Date: 10/15/2019 Approval of claim, payroll and benefit checks, direct deposit and wire payments. Staff Lead: Scott James Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #238873 through #238976 dated October 3, 2019 for $597,653.35 and checks #238977 through #239106 dated October 10, 2019 for $201,843.23. Approval of payroll direct deposit and checks #63930 through #63934 for $581,259.35, benefit checks #63935 through #63939 and wire payments of $564,250.35. Staff Recommendation Approval of claim, payroll and benefit checks, direct deposit and wire payments. Narrative In accordance with the State statutes, City payments must be approved by the City Council. Ordinance #2896 delegates this approval to the Council President who reviews and recommends either approval or non -approval of expenditures. Attachments: claims 10-03-19 claims 10-10-19 FrequentlyUsedProjNumbers 10-10-19 payroll summary 10-05-19 payroll benefits 10-10-19 Packet Pg. 11 6.2.a vchlist Voucher List Page: 1 10/03/2019 10:19:48AM City of Edmonds aD L 3 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account .y Amoun 0 a aD 238873 10/3/2019 077232 A&M CONTRACTORS LLC E8CC.Pmt 1 E8CC.PMT 1 THRU 9/30/19 E8CC.Pmt 1 thru 9/30/19 r m 112.000.68.595.61.65.00 89,730.5E E8CC.Pmt 1 thru 9/30/19 126.000.68.595.61.65.00 ui 14,004.1 E8CC.Pmt 1 thru 9/30/19 422.000.72.594.31.65.20 t 174,829.6( u Total: 278,564.3E m c 238874 10/3/2019 065052 AARD PEST CONTROL 25966 WWTP: 9/30/19 PEST CONTROL SE 9/30/19 Pest Control Service 423.000.76.535.80.41.00 c 73.0( sa 10.4% Sales Tax o 423.000.76.535.80.41.00 7.5� Total: 80.55 a 238875 10/3/2019 061029 ABSOLUTE GRAPHIX 9186312 P&R LEAGUE SHIRTS: FALL SOFTE E P&R LEAGUE SHIRTS: FALL SOFTE U 001.000.64.571.25.31.00 1,089.4( o 10.4% Sales Tax 001.000.64.571.25.31.00 113.3( o Total: L 1,202.7( a Q 238876 10/3/2019 072189 ACCESS INFORMATION MANAGEMENT 7667279-1 ACCOUNT CLOSURE ACTIVITIES accout closure activties r' 001.000.25.514.30.41.00 4,631.8E c Total : 4,631.8E c 238877 10/3/2019 077000 ADVANCED VALVE TECHNOLOGIES SIN006417 WATER - PARTS/ SUPPLIES WATER - PARTS/ SUPPLIES 421.000.74.534.80.31.00 210.0( Total: 210.0( aD 238878 10/3/2019 076696 ALLPLAY SYSTEMS LLC 2019 103 SEAVIEW PARK EWF E t SEAVIEW PARK EWF U �a Q Page: 1 Packet Pg. 12 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher Date Vendor 238878 10/3/2019 076696 ALLPLAY SYSTEMS LLC 238879 10/3/2019 065568 ALLWATER INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Tota I : 100119036 FINANCE DEPT WATER Finance dept water 001.000.31.514.23.31.00 10.4% Sales Tax 001.000.31.514.23.31.00 100119037 WWTP: 10/1/19 DRINK WATER SER 10/1/19 DRINK WATER SERVICE 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Total 238880 10/3/2019 067736 AMERICANS FOR THE ARTS 181081 238881 10/3/2019 069751 ARAMARK UNIFORM SERVICES AFTA MEMBERSHIP AFTA MEMBERSHIP 117.100.64.573.20.49.00 Total : 1991421988 WWTP: UNIFORMS,TOWELS+MATT Mats/Towels 423.000.76.535.80.41.00 Uniforms 423.000.76.535.80.24.00 10.4% Sales Tax 423.000.76.535.80.41.00 10.4% Sales Tax 423.000.76.535.80.24.00 1991431848 WWTP: UNIFORMS,TOWELS+MATS Mats/Towels 423.000.76.535.80.41.00 Uniforms 6.2.a Page: 2 Page: 2 Packet Pg. 13 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher Date Vendor 238881 10/3/2019 069751 ARAMARK UNIFORM SERVICES 238882 10/3/2019 070305 AUTOMATIC FUNDS TRANSFER Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 423.000.76.535.80.24.00 10.4% Sales Tax 423.000.76.535.80.41.00 10.4% Sales Tax 423.000.76.535.80.24.00 1991431849 PARKS MAINT UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 10.4% Sales Tax 001.000.64.576.80.24.00 1991431850 FACILITIES DIVISION UNIFORMS FACILITIES DIVISION UNIFORMS 001.000.66.518.30.24.00 10.4% Sales Tax 001.000.66.518.30.24.00 Total 111025 OUT SOURCING OF UTILITY BILLS UB Outsourcing area Printing 664 422.000.72.531.90.49.00 UB Outsourcing area Printing 664 421.000.74.534.80.49.00 UB Outsourcing area Printing 664 423.000.75.535.80.49.00 UB Outsourcing area Postage 664 421.000.74.534.80.42.00 UB Outsourcing area Postage 664 423.000.75.535.80.42.00 10.1 % Sales Tax 422.000.72.531.90.49.00 10.1 % Sales Tax 421.000.74.534.80.49.00 10.1 % Sales Tax 423.000.75.535.80.49.00 6.2.a Page: 3 a� L 3 c �a Amoun y 0 a aD 3.5( 'D r U d 4.9£ 0.3( m 57.41 m c 5.9£ c �a 29.1, 0 L 3.0: a 209.0' U 0 42.7' Ta 0 L 42.7< a Q 44.0, 132.3" o _o 132.3( E 4.3, 4.3, E t 4.4z u Q Page: 3 Packet Pg. 14 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 4 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun N 238882 10/3/2019 070305 070305 AUTOMATIC FUNDS TRANSFER (Continued) Total : 0 407.1 0 238883 10/3/2019 001801 AUTOMATIC WILBERT VAULT CO 62355 ROUGH BOX - ROBERTS ROUGH BOX - ROBERTS P 130.000.64.536.20.34.00 543.0( 62437 ROUGH BOX - RAID ROUGH BOX - RAID 130.000.64.536.20.34.00 543.0( Total : 1,086.0( m 238884 10/3/2019 061659 BAILEY'S TRADITIONAL TAEKWON 8089 TAEKWON-DO 8089 TAEKWON-DO INSTRUCTION d 8089 TAEKWON-DO INSTRUCTION 001.000.64.571.27.41.00 828.0( r- Total : 828.0( = 0 238885 10/3/2019 076260 BELAIR, ROGER 8019 8020 PICKLEBALL 8019 8020 PICKLEBALL CLINIC INS' L >. �a 8019 PICKLEBALL CLINIC INSTRUC a 001.000.64.571.25.41.00 75.0( E 8020 PICKLEBALL CLINIC INSTRUC fd 001.000.64.571.25.41.00 U 150.0( Total: 225.0( c �a 238886 10/3/2019 066673 BILLS BLUEPRINT INC 599350 EBCC.PLANS & SPECS REPRODUC 0 L EBCC.PIans & Specs Reproduction a 112.000.68.542.30.41.00 125.7E Q EBCC.PIans & Specs Reproduction 126.000.68.542.30.41.00 31.3, EBCC.PIans & Specs Reproduction c 422.000.72.542.30.41.00 111.0" Total : 268.1 238887 10/3/2019 074307 BLUE STAR GAS 1125736-IN FLEET - AUTO PROPANE 606.3 GAL FLEET - AUTO PROPANE 606.3 GAL }; 511.000.77.548.68.34.12 989.0 � (D 1127963-IN FLEET - AUTO PROPANE 598.9 GAL E FLEET - AUTO PROPANE 598.9 GAL t 511.000.77.548.68.34.12 978.3, Q Page: 4 Packet Pg. 15 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 5 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 238887 10/3/2019 074307 BLUE STAR GAS (Continued) 0 126861 C-IN FLEET - AUTO PROPANE 599.9 GAL FLEET - AUTO PROPANE 599.9 GAL U 511.000.77.548.68.34.12 m 979.91 .L Total: 2,947.1 y 238888 10/3/2019 072005 BROCKMANN, KERRY 8041 8044 YOGA 8041 8044 YOGA INSTRUCTION m 8041 YOGA INSTRUCTION 001.000.64.571.27.41.00 609.9E 8044 YOGA INSTRUCTION c 001.000.64.571.27.41.00 256.8E (D 8047 YOGA 8047 YOGA INSTRUCTION 8047 YOGA INSTRUCTION �a 001.000.64.571.27.41.00 457.6( o Total: 1,324.4( ">, M 238889 10/3/2019 069295 BROWN, CANDY 8036 BIRD CLASS 8036 BACKYARD BIRDS CLASS INS CL 8036 BACKYARD BIRDS CLASS INS E 001.000.64.571.22.41.00 130.9( a Total: 130.9( c 238890 10/3/2019 072571 BUILDERS EXCHANGE 1063509 EBCC.PUBLISH ADDENDUM NO. 1 ( > EBCC.Publish Addendum No. 1 Onlin 0 a 112.000.68.542.30.41.00 4.0£ Q EBCC.Publish Addendum No. 1 Onlin 126.000.68.542.30.41.00 1.01 r' EBCC.Publish Addendum No. 1 Onlin A 422.000.72.542.30.41.00 3.6( c Total: 8.7( V) E 238891 10/3/2019 076240 CADMAN MATERIALS INC 1689320 PM: CEMENT FOR PAD AT PUBLIC! M PM: CEMENT FOR PAD AT PUBLIC! 001.000.64.576.80.31.00 949.3( 10.4% Sales Tax 0 001.000.64.576.80.31.00 98.7' t Total: 1,048.0E Q Page: 5 Packet Pg. 16 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 238892 10/3/2019 073029 CANON FINANCIAL SERVICES 20546998 CANON STMT FOR SEPT 2019 CANON STMT FOR SEPT 2019 001.000.23.512.50.45.00 10.4% Sales Tax 001.000.23.512.50.45.00 20547003 WWTP: 9/2019 MO CHG CONTRAC' 9/2019 MO CHG Monthly Chg - CON- 423.000.76.535.80.45.00 Total 238893 10/3/2019 071816 CARLSON, JESSICA 7948 DRAWING 7948 ADVENTURES IN DRAWING IP 7948 ADVENTURES IN DRAWING IP 001.000.64.571.22.41.00 7953 DRAWING 7953 ADVENTURES IN DRAWING IP 7953 ADVENTURES IN DRAWING IP 001.000.64.571.22.41.00 Total 238894 10/3/2019 003320 CASCADE MACHINERY & ELECTRIC 474055 PM: YOST POOL PUMP REPAIR PM: YOST POOL PUMP REPAIR 001.000.64.576.80.48.00 10.4% Sales Tax 001.000.64.576.80.48.00 Tota I : 238895 10/3/2019 063902 CITY OF EVERETT 119003197 WATER QUALITY LAB ANALYSIS WATER QUALITY LAB ANALYSIS 421.000.74.534.80.41.00 Tota I : 238896 10/3/2019 022200 CITY OF MOUNTLAKE TERRACE 3625 POSTAGE FOR EDMONDS HALF Of POSTAGE FOR EDMONDS HALF Of 001.000.64.571.22.42.00 Total 238897 10/3/2019 075042 COVERALL OF WASHINGTON 7100186322 WWTP: 9/2019 JANITORIAL SERVIC 6.2.a Page: 6 aD L 3 c �a Amoun N 0 a m 59.5, u L 6.1� N m 82.9( v 148.61 m c a� 162.8( 0 211.2( a 374.0( U 0 3,384.2E 0 0 351.9, a 3,736.2° Q rn A 1,717.2( c 1,717.2( E M 7,461.3( 7,461.3: E t U �a Q Page: 6 Packet Pg. 17 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 7 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 238897 10/3/2019 075042 COVERALL OF WASHINGTON (Continued) JANITORIAL SERVICE 423.000.76.535.80.41.00 514.0( Total: 514.0( 238898 10/3/2019 075546 CUBIC SIMULATION SYSTEMS 90035485 INV 90035485 PRISIM LASER INSERT 001.000.41.521.40.35.00 1,910.0( Total : 1,910.0( 238899 10/3/2019 006626 DEPT OF ECOLOGY MDERRICK-OPAPP WWTP: MDERRICK - WW OPERAT( MDERRICK - WW OPERATOR CERI 423.000.76.535.80.49.00 50.0( Tota I : 50.0( 238900 10/3/2019 064531 DINES, JEANNIE 19-3959 CITY COUNCIL MTG MINUTES & TR city council meeting minutes, 001.000.25.514.30.41.00 283.5( Total: 283.5( 238901 10/3/2019 072145 DISTINCTIVE WINDOWS INC 21740-2 YOST POOL YOST POOL - FURNISH AND INSTAI YOST POOL - FURNISH AND INSTAI 001.000.66.518.30.48.00 4,964.4( 10.4% Sales Tax 001.000.66.518.30.48.00 516.3( CITY PARK DEPOSIT CITY PARK BUILDING - 1/2 OF QUO CITY PARK BUILDING - 1/2 OF QUO 001.000.66.518.30.48.00 5,521.1- 10.4% Sales Tax 001.000.66.518.30.48.00 574.2( Total : 11,576.01 238902 10/3/2019 076172 DK SYSTEMS 23878 OLD PUBLIC WORKS - CHECKED A OLD PUBLIC WORKS - CHECKED A 001.000.66.518.30.48.00 420.0( 10.4% Sales Tax Page: 7 Packet Pg. 18 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 238902 10/3/2019 076172 DK SYSTEMS (Continued) PO # Description/Account 001.000.66.518.30.48.00 Total : 238903 10/3/2019 074639 DUNLAP INDUSTRIAL HARDWARE INC 302833-1 238904 10/3/2019 007253 DUNN LUMBER 238905 10/3/2019 076610 EDMONDS HERO HARDWARE WATER/ SEWER - PARTS WATER/ SEWER - PARTS 423.000.75.535.80.31.00 WATER/ SEWER - PARTS 421.000.74.534.80.31.00 9.8% Sales Tax 423.000.75.535.80.31.00 9.8% Sales Tax 421.000.74.534.80.31.00 Total 6678690 PS - SUPPLIES PS - SUPPLIES 001.000.66.518.30.31.00 10.2% Sales Tax 001.000.66.518.30.31.00 6682292 PS - SUPPLIES PS - SUPPLIES 001.000.66.518.30.31.00 10.2% Sales Tax 001.000.66.518.30.31.00 Total 1456 PUBLIC WORKS- E.O.C. SUPPLIES PUBLIC WORKS- E.O.C. SUPPLIES 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 1457 PM SUPPLIES: CONCRETE MIX PM SUPPLIES: CONCRETE MIX 001.000.64.576.80.31.00 10.4% Sales Tax 6.2.a Page: 8 a� L 3 c �a Amoun N 0 a aD 43.6£ -0 463.6E m L_ N 469.0( t U 469.0( m c 45.9E 45.9E 1,029.9, o 0 �a a 20.6' •� U 2.1( 0 �a 0 24.6E a a Q 2.5' 49.8E r' A 0 0 13.7, E M 1.4< c a� E 6.9� �a Q Page: 8 Packet Pg. 19 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 238905 10/3/2019 076610 EDMONDS HERO HARDWARE (Continued) 1458 1461 1464 1465 umv 238906 10/3/2019 008705 EDMONDS WATER DIVISION 3-01808 PO # Description/Account 001.000.64.576.80.31.00 PM SUPPLIES: NUTS, BOLTS, SCRE PM SUPPLIES: NUTS, BOLTS, SCRE 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES PM SUPPLIES 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: WEED & FEED PM SUPPLIES: WEED & FEED 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: SPRAY PAINT PM SUPPLIES: SPRAY PAINT 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: SPRAY PAINT, NUTr PM SUPPLIES: SPRAY PAINT, NUTr 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 PM SUPPLIES: BLADE SAW PM SUPPLIES: BLADE SAW 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Total LIFT STATION #11 6807 157TH PL S' LIFT STATION #11 6807 157TH PL S' 6.2.a Page: 9 a� L 3 c �a Amoun N 0 a m 0.7< 'D U m L 3.9< 'a N 0.4- v 11.1E a� 1.1E �a 0 23.9� `>, M a 2.4� E U 45 5.9� 0 �a 0.6, o a a Q 7.5E Cl) 0.7� o 0 21.9E R U 2.2� +: 105.4( (D E t U �a Q Page: 9 Packet Pg. 20 6.2.a vchlist Voucher List Page: 10 10/03/2019 10:19:48AM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 238906 10/3/2019 008705 EDMONDS WATER DIVISION (Continued) 0 m 423.000.75.535.80.47.10 55.6< -0 3-03575 CLUBHOUSE 6801 N MEADOWDAL U CLUBHOUSE 6801 N MEADOWDAL L 001.000.66.518.30.47.00 509.1, 3-07490 HAINES WHARF PARK DRINKING F HAINES WHARF PARK DRINKING F 001.000.64.576.80.47.00 104.2E U 3-07525 LIFT STATION #12 16100 75TH AVE LIFT STATION #12 16100 75TH AVE c 423.000.75.535.80.47.10 51.2, 3-07709 LIFT STATION #15 7701 168TH ST S LIFT STATION #15 7701 168TH ST S 423.000.75.535.80.47.10 51.2, o 3-09350 LIFT STATION #4 8313 TALBOT RD i L-, LIFT STATION #4 8313 TALBOT RD i a 423.000.75.535.80.47.10 104.2f 3-09800 LIFT STATION #10 17612 TALBOT R LIFT STATION #10 17612 TALBOT R U 423.000.75.535.80.47.10 90.9, 0 3-29875 LIFT STATION #9 8001 SIERRA DR / �a LIFT STATION #9 8001 SIERRA DR / o L 423.000.75.535.80.47.10 51.2, 0- 3-38565 SPRINKLER FOR RHODIES 18410 c Q SPRINKLER FOR RHODIES 18410 c 001.000.64.576.80.47.00 51.2, 6-01127 WWTP: 7/17-9/15/19 METER 2088: o 7/17-9/15/19 200 2ND AVE S / METE c 423.000.76.535.80.47.64 289.9' 6-01130 WWTP: 7/17-9/15/19 METER 9439: ,' E 7/17-9/15/19 200 2ND AVE S / METI f° U 423.000.76.535.80.47.64 24.6, }; 6-01140 WWTP: 7/17-9/15/19 METER 50104E aD 7/17-9/15/19 200 2ND AVE S / METE E 423.000.76.535.80.47.64 3,282.6' Q Page: 10 Packet Pg. 21 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 238906 10/3/2019 008705 008705 EDMONDS WATER DIVISION (Continued) 238907 10/3/2019 075200 EDUARDO ZALDIBAR 7561/2019 238908 238909 238910 238911 10/3/2019 031060 ELECSYS INTERNATIONAL CORP SIP-E105406 10/3/2019 008812 ELECTRONIC BUSINESS MACHINES AR145990 10/3/2019 009350 EVERETT DAILY HERALD 10/3/2019 076751 FALK, NICHOLAS AR 146594 EDH874480 NFalk Description/Account Total : E8CC.PUBLIC MEETING FLYER TR/ E8CC.Public Meeting Flyer Translatio 112.000.68.542.30.41.00 E8CC.Public Meeting Flyer Translatio 126.000.68.542.30.41.00 E8CC.Public Meeting Flyer Translatio 422.000.72.542.30.41.00 Total RADIX MONTHLY MAINTAGREEME Radix Monthly Maint Agreement - 421.000.74.534.80.48.00 Total ELECTRONIC STMT FOR SEPT 201 ELECTRONIC STMT SEPT 2019 001.000.23.512.50.45.00 10.4% Sales Tax 001.000.23.512.50.45.00 ACCT#MK5648 CONTRACT 2600-02 Maintenance for printers 09/21/19 - 512.000.31.518.88.48.00 10.4% Sales Tax 512.000.31.518.88.48.00 Total CITY ORDINANCE NO. 4160 city ordinance no. 4160 001.000.25.514.30.41.40 MILEAGE REIMB SEPT 2019 Mileage Reimb Sept - Travel to 001.000.62.524.10.43.00 Total : 6.2.a Page: 11 a� L 3 c �a Amoun y 0 4,666.3' 0 U d L_ 16.4, N 4.1( y z U 14.4E 35.0( c c �a 152.0( — 152.0( �a a E 14.0E 4- 1.4E o �a 0 a 307.2( Q 31.9E 354.6E A 0 _o 42.0( 42.0( c aD E t 41.9E U Q Page: 11 Packet Pg. 22 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 238911 10/3/2019 076751 076751 FALK, NICHOLAS (Continued) 238912 10/3/2019 075673 FARMER, MARIA 43228 238913 10/3/2019 076712 FARWEST CORROSION CONTROL CO 0019128-IN 238914 10/3/2019 066378 FASTENAL COMPANY 238915 10/3/2019 065427 FCS GROUP WAMOU55847 WAMOU55876 WAMOU55889 PO # Description/Account Total INTERPRETER 9ZO745441 09-18 INTERPRETER SPANISH- 001.000.23.512.50.41.01 Total WWTP: INSPECTION OF ICCP SYS' inspection of ICCP System 423.000.76.535.80.41.00 Total TRAFFIC - SUPPLIES TRAFFIC - SUPPLIES 111.000.68.542.64.31.00 10.4% Sales Tax 111.000.68.542.64.31.00 TRAFFIC - SUPPLIES TRAFFIC - SUPPLIES 111.000.68.542.64.31.00 10.4% Sales Tax 111.000.68.542.64.31.00 TRAFFIC - SUPPLIES TRAFFIC - SUPPLIES 111.000.68.542.64.31.00 10.4% Sales Tax 111.000.68.542.64.31.00 Total 2964-21909029 E8JB.SERVICES THRU 9/20/19 E8JB.Services thru 9/20/19 421.000.74.534.80.41.10 E8JB.Services thru 9/20/19 422.000.72.531.90.41.20 E8JB.Services thru 9/20/19 423.000.75.535.80.41.30 6.2.a Page: 12 W L 3 c �a Amoun N 0 41.95 0 U d L_ 108.6E T3 108.6E tf m z 1,724.0E m 1,724.0( c �a 179.2� o �a 18.6E a E U 15.7, o 1.6z > 0 a a 46.2E Q rn 4.8" A 266.4, c E M 1,834.5E Z c 1,834.5E t 1,834.5E Q Page: 12 Packet Pg. 23 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher Date Vendor 238915 10/3/2019 065427 065427 FCS GROUP 238916 10/3/2019 009815 FERGUSON ENTERPRISES INC 238917 10/3/2019 011900 FRONTIER Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Total 0799305 WATER INVENTORY - PARTS WATER INVENTORY - PARTS 421.000.74.534.80.34.20 10.4% Sales Tax 421.000.74.534.80.34.20 0799305-1 WATER INVENTORY - SUPPLIES WATER INVENTORY - SUPPLIES 421.000.74.534.80.34.20 10.4% Sales Tax 421.000.74.534.80.34.20 0799857 WATER INVENTORY - PARTS WATER INVENTORY - PARTS 421.000.74.534.80.34.30 10.4% Sales Tax 421.000.74.534.80.34.30 0799859 WATER INVENTORY - PARTS WATER INVENTORY - PARTS 421.000.74.534.80.34.30 10.4% Sales Tax 421.000.74.534.80.34.30 0799870 WATER INVENTORY - SUPPLIES WATER INVENTORY - SUPPLIES 421.000.74.534.80.34.30 10.4% Sales Tax 421.000.74.534.80.34.30 0799870-1 WATER INVETORY - SUPPLIES WATER INVETORY - SUPPLIES 421.000.74.534.80.34.30 10.4% Sales Tax 421.000.74.534.80.34.30 Total: 253-012-9189 WWTP: 9/25-10/24/19 AUTO DIALEF 9/25-10/24/19 AUTO DIALER - 1 VO 6.2.a Page: 13 a� L 3 c �a Amoun y 0 5,503.7° 0 U d L_ 2, 716.4< N 282.5 - 278.7- c d 28.9E c �a 0 2,148.3z �a a 223.4' U 4,688.2E o �a 487.5E o L a a Q 1,684.8E 175.2' c 0 1,655.2( .E R U 172.1z }; 14,541.7( y E t U �a Q Page: 13 Packet Pg. 24 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 238917 10/3/2019 011900 FRONTIER (Continued) 425-771-0158 425-771-5553 509-022-0049 238918 10/3/2019 075538 GAMEZ, OMAR 09192019 238919 10/3/2019 012199 GRAINGER 238920 10/3/2019 076333 HASA INC PO # Description/Account 423.000.76.535.80.42.00 FIRE STATION #16 ALARM AND FA} FIRE STATION #16 ALARM AND FA} 001.000.66.518.30.42.00 WWTP: 9/25-10/24/19 AUTO DIALEF 9/25-10/24/19 AUTO DIALER - 1 BU; 423.000.76.535.80.42.00 LIFT STATION #2 VG SPECIAL ACC[ LIFT STATION #2 VG SPECIAL ACC[ 423.000.75.535.80.42.00 Total PO ACADEMY TEACHING 9/12 AND PO ACADEMY TEACHING 9/12- 001.000.23.523.30.43.00 Total 9290987370 STORM - PARTS STORM - PARTS 422.000.72.531.10.31.00 10.4% Sales Tax 422.000.72.531.10.31.00 9291749159 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 Total 658080 WWTP: 9/20/19 SOD. HYPOCHLORI 9/20/19 SOD. HYPOCHLORITE 423.000.76.535.80.31.53 10.4% Sales Tax 423.000.76.535.80.31.53 6.2.a Page: 14 a� L 3 c �a Amoun y 0 a aD 41.5E 'D 13 d 140.3< N m 128.1- v m c 26.4, M' 336.4' c �a 0 106.9E a 106.95 U 0 132.0< 0 0 13.7< a a Q 155.2, r' A O 16.1z c 317.1, N E M 3,969.6, W E 412.8z �a Q Page: 14 Packet Pg. 25 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 15 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 0 238920 10/3/2019 076333 076333 HASA INC (Continued) Total : 4,382.4E 0 238921 10/3/2019 010900 HD FOWLER CO INC 15252823 WATER - PARTS/ INVENTORY WATER - PARTS/ INVENTORY 421.000.74.534.80.34.20 9,078.6( 10.4% Sales Tax 421.000.74.534.80.34.20 944.1 £ y 15286903 WATER - PARTS COPPER TUBING WATER - PARTS COPPER TUBING 421.000.74.534.80.34.20 631.8( c 10.4% Sales Tax 421.000.74.534.80.34.20 65.7' 15286908 WATER - INVETORY PARTS �a WATER - INVETORY PARTS o 421.000.74.534.80.34.20 636.3E 10.4% Sales Tax a 421.000.74.534.80.34.20 66.1 £ Total : 11,422.& U 238922 10/3/2019 072647 HERRERA ENVIRONMENTAL 45165 EDMONDS WATERFRONT REDEVE c EDMONDS WATERFRONT REDEVE 125.000.64.594.76.65.41 1i 351.9, o Total: 351.9, a a 238923 10/3/2019 061013 HONEY BUCKET 0551240104 EDMONDS CEMETERY HONEY BU( Q EDMONDS CEMETERY HONEY BU( 001.000.64.576.80.45.00 175.0( A 0551240105 EDMONDS MARSH HONEY BUCKE' G EDMONDS MARSH HONEY BUCKE' 001.000.64.576.80.45.00 175.0( E 0551248742 HUTT PARK HONEY BUCKET M HUTT PARK HONEY BUCKET z 001.000.64.576.80.45.00 175.0( Total: 525.0( E t 238924 10/3/2019 073548 INDOFF INCORPORATED 3290231 AVERY INDEX MAKER CLEAR LABE U Q Page: 15 Packet Pg. 26 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 238924 10/3/2019 073548 INDOFF INCORPORATED (Continued) 3290926 3291432 3291957 3291958 3293568 238925 10/3/2019 064655 INNOVAC INV14791 PO # Description/Account Avery Index Maker Clear Label Divide 001.000.31.514.23.31.00 10.4% Sales Tax 001.000.31.514.23.31.00 WWTP: COPY PAPER SNANPL 1120 - Navigator Platinum C 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 SUPPLIES - PRE INKED STAMP Supplies - pre inked stamp (Engr Div) 001.000.62.524.10.31.00 BINDERS FOR 2020 PROPOSED Bl Business Source Round -ring Binder - 001.000.31.514.23.31.00 10.4% Sales Tax 001.000.31.514.23.31.00 AVERY INDEX MAKER CLEAR LABE Avery Index Maker Clear Label Divide 001.000.31.514.23.31.00 10.4% Sales Tax 001.000.31.514.23.31.00 P&R SUPPLIES: COPY PAPER P&R SUPPLIES: COPY PAPER 001.000.64.571.22.31.00 10.4% Sales Tax 001.000.64.571.22.31.00 Total WWTP: CLEAN DIGESTER/INCINEF CLEAN DIGESTER/INCINERATOR 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 6.2.a Page: 16 a� L 3 c �a Amoun N 0 a m 221.1, u L 23.0( N m t 42.9� u 4.41 c a� c 37.8E 0 L 119.51 a E 12.4< .ii U 4- 0 221.1 , > 0 L 23.0( a Q rn 81.9E 0 8.5< 796.0: 2 U 6,304.7E y E t 655.6E Q Page: 16 Packet Pg. 27 6.2.a vchlist Voucher List Page: 17 10/03/2019 10:19:48AM City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun N 238925 10/3/2019 064655 064655 INNOVAC (Continued) Total: 0 6,960.4' 0 238926 10/3/2019 014940 INTERSTATE BATTERY SYSTEMS 1905701052431 INV 1905701052431 - EDMONDS PE 1.5 V AAA BATTERIES- 24 PACK 001.000.41.521.10.31.00 19.2E 1.5V AA BATTERIES - 24 PACK 001.000.41.521.10.31.00 48.2( 10.4% Sales Tax 001.000.41.521.10.31.00 7.0, 300-10062928 FLEET - PARTS RETURN c FLEET - PARTS RETURN d 511.000.77.548.68.31.20 -34.4( 10.4% Sales Tax 511.000.77.548.68.31.20 -3.5E o 300-10062945 FLEET - PARTS FLEET - PARTS a 511.000.77.548.68.31.20 89.7( 10.4% Sales Tax 511.000.77.548.68.31.20 9.3' Total: 135.5: o 238927 10/3/2019 075265 KBA INC 304733 E9CA/E8DC.SERVICES THRU 8/31/" 7a > 0 E9CA.Services thru 8/31/19 a 112.000.68.542.61.41.00 2,073.1( Q E9CA.Services thru 8/31/19 125.000.68.542.30.41.00 1,674.2- r' E9CA.Services thru 8/31/19 M 0 126.000.68.542.30.41.00 1,870.8E o EBDC.Services thru 8/31/19 N 125.000.68.542.30.41.00 1,223.9' E EBDC.Services thru 8/31/19 112.000.68.542.61.41.00 4,926.4E Total: 11,768.51, E 238928 10/3/2019 077229 KERN, KARLY KERN LEIRA 09/19 KARLY KERN LEIRA CONFERENCE PER DIEM WALLA WALLA 9/23-9/26 Q Page: 17 Packet Pg. 28 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 18 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 238928 10/3/2019 077229 KERN, KARLY (Continued) 001.000.41.521.40.43.00 127.0( Tota I : 127.0( 238929 10/3/2019 074417 LAW OFFICE OF CHRISTIAN SMITH 174 CONFLICT COUNSEL 9Z0947517/92 CONFLICT COUNSEL- 001.000.39.512.52.41.00 600.0( Total : 600.0( 238930 10/3/2019 075474 LEACH, JENNIFER 9/13/19 REIMBURSE 9/13/2019 BIRD FEST POSTERS EX 9/13/2019 BIRD FEST POSTERS EX 001.000.61.558.70.31.00 44.9( 10.2% Sales Tax 001.000.61.558.70.31.00 4.5£ Total : 49.41 238931 10/3/2019 076001 LUCIE R BERNHEIM, ATTY AT LAW 27282 CONFLICT COUNSEL 9Z0060642 Gj CONFLICT COUNSEL- 001.000.39.512.52.41.00 300.0( 27283 CONFLICT COUNSEL 9Z0400039 H( CONFLICT COUNSEL 001.000.39.512.52.41.00 300.0( Total : 600.0( 238932 10/3/2019 076316 M&C TECHGROUP NORTH AMERICA 4040784 WWTP: EVACUATE/RECHARGE,RE EVACUATE/RECHARGE,REPLACEN 423.000.76.535.80.48.00 1,482.4( Freight 423.000.76.535.80.48.00 35.0( Total : 1,517.4( 238933 10/3/2019 077076 MAYLOR, UNEEK 09192019 AOC TRAINING UTM 9/23 TO 9/26 AOC TRAINING ON BIT AND ADMIN 001.000.23.512.50.43.00 295.6� Tota I : 295.65 238934 10/3/2019 020039 MCMASTER-CARR SUPPLY CO 15936133 WWTP: CPVC PIPE FITTINGS FOR Page: 18 Packet Pg. 29 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 19 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 238934 10/3/2019 020039 MCMASTER-CARR SUPPLY CO (Continued) 0 CPVC PIPE FITTINGS FOR HOT WP 423.000.76.535.80.48.00 119.7, u Freight L 423.000.76.535.80.48.00 9.11 10.4% Sales Tax Y 423.000.76.535.80.48.00 13.4( 16974130 WWTP: A46 & A47 V-BELTS v A46 & A47 V-BELTS 423.000.76.535.80.48.00 37.0� c Freight 423.000.76.535.80.48.00 11.11 10.4% Sales Tax 423.000.76.535.80.48.00 5.0' o Total: L 195.51 a 238935 10/3/2019 020900 MILLERS EQUIP & RENTALL INC 313745 PM SUPPLIES: CHAIN, FUEL FILTEF PM SUPPLIES: CHAIN, FUEL FILTEF 001.000.64.576.80.31.00 81.3', u 10.4% Sales Tax o 001.000.64.576.80.31.00 8.4E Total: 89.7F o a 238936 10/3/2019 067176 MITY LITE INC 00106725 FRANCES ANDERSON CENTER TAI Q' Q FRANCES ANDERSON CENTER TAI 127.000.64.575.50.35.00 4,534.8� 10.4% Sales Tax c 127.000.64.575.50.35.00 471.6' o Total : 5,006.5: E 238937 10/3/2019 069923 MOTION INDUSTRIES INC WA33-799480 WWTP: CECG334010T MOTOR & SI M CECG334010T MOTOR & SHEAVE 423.000.76.535.80.48.00 556.1 c Freight a� E 423.000.76.535.80.48.00 51.6z U 10.4% Sales Tax Q Page: 19 Packet Pg. 30 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 238937 10/3/2019 069923 MOTION INDUSTRIES INC (Continued) 238938 10/3/2019 067834 NATIONAL CONSTRUCTION RENTALS 5505882 238939 10/3/2019 024302 NELSON PETROLEUM PO # Description/Account 423.000.76.535.80.48.00 Total : PM: CIVIC STADIUM PANELS PM: CIVIC STADIUM PANELS 001.000.64.576.80.45.00 10.4% Sales Tax 001.000.64.576.80.45.00 Total 0709587-IN FLEET - BULK INVENTOTY FLEET - BULKINVENTOTY 511.000.77.548.68.34.21 UNIT B329 - FILTER 511.000.77.548.68.34.40 10.4% Sales Tax 511.000.77.548.68.34.21 10.4% Sales Tax 511.000.77.548.68.34.40 238940 10/3/2019 024960 NORTH COAST ELECTRIC COMPANY S009553460.001 238941 10/3/2019 075542 NORTHWEST LANDSCAPE SUPPLY 3458 Total WWTP: POWERFLEX 525 AC DRIVI POWERFLEX 525 AC DRIVE - A-B 423.000.76.535.80.48.00 Freight 423.000.76.535.80.48.00 10.4% Sales Tax 423.000.76.535.80.48.00 Total PM: TURF MIX PM: TURF MIX 001.000.64.576.80.31.00 10.5% Sales Tax 001.000.64.576.80.31.00 6.2.a Page: 20 a� L 3 c �a Amoun y 0 a m 63.2- -0 670.95 m L_ N 492.4E y z U 51.2, 543.7( c d c �a 1,756.3� -- 0 6.9z a 182.6 •E 0.7, c 1,946.7, 0 a a 615.9E Q rn 16.1E A 0 0 65.7z 697.8E E 2 U c 60.0( E t 6.3( Q Page: 20 Packet Pg. 31 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 238941 10/3/2019 075542 075542 NORTHWEST LANDSCAPE SUPPLY (Continued) 238942 10/3/2019 074866 NORTHWEST PLAYGROUND EQUIPMEN 45758 238943 10/3/2019 025690 NOYES, KARIN 238944 10/3/2019 067868 NW TANK & ENVIRONMENTAL 238945 10/3/2019 070166 OFFICE OF THE STATE TREASURER 000 00 932 000 00 943 80429 September, 2019 PO # Description/Account Total BENCH AND PLAQUE: GAYDOS BENCH AND PLAQUE: GAYDOS 127.000.64.575.50.31.00 10.4% Sales Tax 127.000.64.575.50.31.00 Total PROFSVCS HPC Meeting Minutes (Date: 8/8/19) 001.000.62.558.60.41.00 PROFSVCS Planning Board Minutes (Mtg Date: 001.000.62.558.60.41.00 Total WWTP: TANK MONITOR CERTIFICF TANK MONITOR CERTIFICATION & 423.000.76.535.80.41.00 Total COURT, BLDG CODE & JIS TRANSI• Emergency Medical Services & Traun 001.000.237.120 PSEA 1, 2 & 3 Account 001.000.237.130 Building Code Fee Account 001.000.237.150 State Patrol Death Investigation 001.000.237.330 Judicial Information Systems Account 001.000.237.180 Washington Auto Theft Prevention 001.000.237.250 Traumatic Brain Injury 6.2.a Page: 21 a� L 3 c �a Amoun N 0 66.3( U d L_ 2,578.6, N 268.1 £ y 2,846.8( m c d 111.0( -a c �a 425.5( o 536.5( ca a E U 275.0( 275.0( c �a 0 L Q a 772.9< Q rn 17,267.9( 0 506.0( 101.5£ 3,752.3£ aD 1,547.1( t U �a Q Page: 21 Packet Pg. 32 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 22 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 238945 10/3/2019 070166 OFFICE OF THE STATE TREASURER (Continued) 0 001.000.237.260 as 593.9', -0 Accessible Communities Acct 001.000.237.290 m 99.9E .L Multi -Model Transportation 001.000.237.300 99.9E Hwy Safety Acct 001.000.237.320 456.3� v Crime Lab Blood Breath Analysis 001.000.237.170 1.8- c WSP Hwy Acct M 001.000.237.340 576.4E Total: 25,776.41, 238946 10/3/2019 072739 O'REILLYAUTO PARTS 3685-429368 UNIT PS-17 - PARTS 0 UNIT PS-17 - PARTS a 511.000.77.548.68.31.10 59.9 10.4% Sales Tax 511.000.77.548.68.31.10 6.2z 3685-430857 UNIT 20- PARTS o UNIT 20- PARTS �a 511.000.77.548.68.31.10 24.7( o 10.4% Sales Tax a 511.000.77.548.68.31.10 2.5, Q 3685-431771 UNIT G01 PARTS UNIT G01 PARTS 511.000.77.548.68.31.10 5.3E Cl) 10.4% Sales Tax c 511.000.77.548.68.31.10 0.5E Total : 99.4( . �a 238947 10/3/2019 002203 OW EN EQUIPMENT COMPANY 00093996 FLEET - CM00093996 U FLEET - ITEM NEVER RECEIVED Cl 511.000.77.548.68.31.10 270.0, E 00093996 A FLEET CREDIT ORIGINAL INVOICE; t FLEET CREDIT ORIGINAL INVOICE; +° Q Page: 22 Packet Pg. 33 6.2.a vchlist Voucher List Page: 23 10/03/2019 10:19:48AM City of Edmonds a� L 3 Bank code : usbank c �a Voucher Date Vendor Invoice PO # Description/Account Amoun y 238947 10/3/2019 002203 OWEN EQUIPMENT COMPANY (Continued) 0 511.000.77.548.68.31.10 as -248.4- -0 00093996 B FLEET CREDIT FOR SHIPPING & Hj U FLEET CREDIT FOR SHIPPING & Hj L 511.000.77.548.68.31.10 -21.6" 00094957 UNIT 106 - PARTS Y UNIT 106 - PARTS d 511.000.77.548.68.31.10 252.1 E U Freight 4" 511.000.77.548.68.31.10 23.9' c 10.4% Sales Tax 511.000.77.548.68.31.10 28.7, c Total: 304.81 M 238948 10/3/2019 075257 PCE PACIFIC INC CD99052313 WWTP: MILTON ROY ECC BRD COI 0 MILTON ROY ECC BRD CONVERSI a 423.000.76.535.80.48.00 1,414.0( Freight 423.000.76.535.80.48.00 8.8, U 14- 10.4% Sales Tax o 423.000.76.535.80.48.00 147.9£ Fu Total: 1,570.81 0 a 238949 10/3/2019 046900 PUGET SOUND ENERGY 200000704821 FRANCES ANDERSON CENTER 70( Q- Q FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 708.8' r' 200002411383 YOST PARK/POOL 9535 BOWDOIN c YOST PARK/POOL 9535 BOWDOIN c 001.000.64.576.80.47.00 570.8£ N 200007876143 OLD PUBLIC WORKS 200 DAYTON E OLD PUBLIC WORKS 200 DAYTON 2 421.000.74.534.80.47.00 37.4E U 200009595790 FIRE STATION #16 8429 196TH ST : c FIRE STATION #16 8429 196TH ST ; E 001.000.66.518.30.47.00 157.9z � 200011439656 FIRE STATION #20 23009 88TH AVE Q Page: 23 Packet Pg. 34 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher Date Vendor 238949 10/3/2019 046900 PUGET SOUND ENERGY Voucher List City of Edmonds Invoice PO # Description/Account (Continued) FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 200016558856 CIVIC CENTER 250 5TH AVE N / ME CIVIC CENTER 250 5TH AVE N / ME 001.000.66.518.30.47.00 200016815843 FIRE STATION #17 275 6TH AVE N / FIRE STATION #17 275 6TH AVE N / 001.000.66.518.30.47.00 200017676343 FLEET MAINTENANCE BAY 21105 7 FLEET MAINTENANCE BAY 21105 7 511.000.77.548.68.47.00 200019375639 MEADOWDALE CLUBHOUSE 6801 MEADOWDALE CLUBHOUSE 6801 001.000.66.518.30.47.00 200019895354 SNO-ISLE LIBRARY 650 MAIN ST / IN SNO-ISLE LIBRARY 650 MAIN ST / 001.000.66.518.30.47.00 200020415911 PUBLIC WORKS OMC 7110 210TH PUBLIC WORKS OMC 7110 210TH ; 001.000.65.518.20.47.00 PUBLIC WORKS OMC 7110 210TH ; 111.000.68.542.90.47.00 PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 PUBLIC WORKS OMC 7110 210TH ; 423.000.75.535.80.47.10 PUBLIC WORKS OMC 7110 210TH 511.000.77.548.68.47.00 PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 200021829581 WWTP: 8/21-9/20/19 METER 00039( 8/21-9/20/19 200 2ND AVE S / MET 423.000.76.535.80.47.63 200024711901 CITY PARK BUILDING 600 3RD AVE 6.2.a Page: 24 a� L 3 c �a Amoun N 0 a m 48.6f u 59.61 Y m t 130.21 m c a� 50.1.' �a 0 51.6< `5% M a E 38.2z 'i 0 3.5z 0 L 13.4E a Q 13.4E Cl) 13.4E c 0 13.4E 2 13.4z U c aD 44.2E E U �a Q Page: 24 Packet Pg. 35 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 25 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 238949 10/3/2019 046900 PUGET SOUND ENERGY (Continued) CITY PARK BUILDING 600 3RD AVE 001.000.66.518.30.47.00 54.7E Total: 2,023.5E 238950 10/3/2019 070809 PUGET SOUND EXECUTIVE 19-1897 SECURITY 8/28 TO 9/4 SECURITY 8/28 TO 9/4 001.000.23.512.50.41.00 1,361.2E 19-1948 SECURITY 9/9 TO 9/13 SECURITY 9/9 TO 9/13 001.000.23.512.50.41.00 1,003.7.E 19-2020 SECURITY 9-16 TO 9-18 SECURITY 9/16 TO 9/18 001.000.23.512.50.41.00 770.0( Tota I : 3,135.0( 238951 10/3/2019 030780 QUIRING MONUMENTS INC 17896 INSCRIPTION SHUTTER/NICHE-BRA INSCRIPTION SHUTTER/NICHE-BRA 130.000.64.536.20.34.00 150.0( Tota I : 150.0( 238952 10/3/2019 076493 BEDSIDE CONSTRUCTION LLC ESKA.Pmt 16 ESKA.PMT 16 THRU 9/30/19 ESKA.Pmt 16 thru 9/30/19 421.000.74.594.34.65.10 2,208.0( Total : 2,208.0( 238953 10/3/2019 077227 ROADBOTICS INC 2019-10121 E9CA.PAVEMENT RATING SERVICE E9CA.Pavement Rating Services 112.000.68.542.61.41.00 5,350.5( E9CA.Pavement Rating Services 125.000.68.542.61.41.00 4,321.0( E9CA.Pavement Rating Services 126.000.68.542.30.41.00 4,828.5( Total : 14,500.0( 238954 10/3/2019 064769 ROMAINE ELECTRIC 5-024462 UNITS PS1, G06,07,09,12, CSI - BAT Page: 25 Packet Pg. 36 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 26 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 238954 10/3/2019 064769 ROMAINE ELECTRIC (Continued) 0 UNITS PS1, G06,07,09,12, CSI - BAT 511.000.77.548.68.31.10 834.51 u 10.4% Sales Tax L 511.000.77.548.68.31.10 86.8( Total: 921.3, m 238955 10/3/2019 076905 SAUNDERS, ASHLEY SAUNDERS EX CL 09/19 SAUNDERS EXPENSE CLAIM - RAE v LODGING 9/17/19 001.000.41.521.40.43.00 123.2( PER DIEM SHELTON 9/16-9/18/19 (D 001.000.41.521.40.43.00 100.0( -a Total: 223.2( 238956 10/3/2019 074564 SCHEELE, DARCIE SCHEELE LEIRA 09/19 SCHEELE EXP CLAIM FOR LEIRA C PER DIEM WALLA WALLA 9/23-9/26 a 001.000.41.521.40.43.00 127.0( Total : 127.0( •� 238957 10/3/2019 066964 SEATTLE AUTOMOTIVE DIST INC S3-4797024 FLEET - STOCK PARTS FLEET - STOCK PARTS 0 511.000.77.548.68.34.40 1i 441.5, o 10.4% Sales Tax a 511.000.77.548.68.34.40 45.9, Q S3-4799115 FLEET - PARTS FLEET - PARTS r' 511.000.77.548.68.34.40 124.7z A 10.4% Sales Tax c 0 511.000.77.548.68.34.40 12.9, Total: 625.2( E 2 238958 10/3/2019 036955 SKY NURSERY T-1473923 PM: FLOWER PROGRAM PLANTS U PM: FLOWER PROGRAM PLANTS 001.000.64.576.81.31.00 245.7( E 10.2% Sales Tax 001.000.64.576.81.31.00 25.0E Q Page: 26 Packet Pg. 37 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher Date Vendor 238958 10/3/2019 036955 036955 SKY NURSERY 238959 10/3/2019 073690 SMILEY-FAIRBANKS, MONA Voucher List City of Edmonds Invoice (Continued) OTF FAIRBANKS 238960 10/3/2019 075543 SNO CO PUBLIC DEFENDER ASSOC 2832 238961 10/3/2019 066754 SNO CO PUBLIC WORKS 1000510843 238962 10/3/2019 037375 SNO CO PUD NO 1 200274959 200468593 200638609 200714038 200748606 200943348 PO # Description/Account OTF FAIRBANKS OTF FAIRBANKS 117.100.64.573.20.41.00 Total Total : SNOCO PUB DEF REIMBURSEMEN SCPDA RECORDS 001.000.39.512.52.41.00 SCPDA RECORDS 001.000.39.512.52.41.00 Total E4FD.LAKE BALLINGER MONITOR[ E4FD.Lake Ballinger Monitoring for 21 422.000.72.531.90.41.20 Total TRAFFIC LIGHT 23602 76TH AVE W TRAFFIC LIGHT 23602 76TH AVE W 111.000.68.542.64.47.00 LIFT STATION #4 8311 TALBOT RD / LIFT STATION #4 8311 TALBOT RD / 423.000.75.535.80.47.10 OLD PUBLIC WORKS 200 DAYTON OLD PUBLIC WORKS 200 DAYTON 421.000.74.534.80.47.00 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 TRAFFIC LIGHT 9730 220TH ST SW TRAFFIC LIGHT 9730 220TH ST SW 111.000.68.542.64.47.00 TRAFFIC LIGHT 23202 EDMONDS V TRAFFIC LIGHT 23202 EDMONDS V 6.2.a Page: 27 a� L 3 c �a Amoun y 0 270.7< 0 U d L_ 500.0( 500.0( m 1.2E m c d 17.4, 18.7, 0 L �a 2,968.5( 2,968.5( E U 4- 0 18.3, > 0 a a 236.7( Q rn A 167.0E c 0 19.4E c 16.6( E t U �a Q Page: 27 Packet Pg. 38 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher Date Vendor 238962 10/3/2019 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # (Continued) 201192226 201197084 201236825 201572898 201582152 201610276 201611951 201782646 201907862 202077194 202087870 202289096 Description/Account 111.000.68.542.64.47.00 TRAFFIC LIGHT 20408 76TH AVE W TRAFFIC LIGHT 20408 76TH AVE W 111.000.68.542.64.47.00 SEAVIEW PARK SEAVIEW PARK 001.000.64.576.80.47.00 FISHING PIER RESTROOMS FISHING PIER RESTROOMS 001.000.64.576.80.47.00 TRAFFIC LIGHT 117 3RD AVE S / ME TRAFFIC LIGHT 117 3RD AVE S / ME 111.000.68.542.64.47.00 TRAFFIC LIGHT 19600 80TH AVE W TRAFFIC LIGHT 19600 80TH AVE W 111.000.68.542.63.47.00 OVERHEAD STREET LIGHTING AT OVERHEAD STREET LIGHTING AT 130.000.64.536.50.47.00 TRAFFIC LIGHT 20801 76TH AVE W TRAFFIC LIGHT 20801 76TH AVE W 111.000.68.542.63.47.00 TRAFFIC LIGHT 901 WALNUT ST / � TRAFFIC LIGHT 901 WALNUT ST / � 111.000.68.542.64.47.00 TRAFFIC LIGHT 7133 212TH ST SW TRAFFIC LIGHT 7133 212TH ST SW 111.000.68.542.63.47.00 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 LIFT STATION #6 100 PINE ST / MEl LIFT STATION #6 100 PINE ST / MEl 423.000.75.535.80.47.10 TRAFFIC LIGHT 22400 HWY 99 / ME 6.2.a Page: 28 a� L 3 c �a Amoun y 0 a aD 32.9z 'D v m 17.5" N m 24.5E U m c 254.3E c �a 49.0( p 0 �a a 33.2z E U 4- 9.1 E 0 �a 0 L 34.9E a Q rn 20.6- 0 0 31.5- E 2 U 574.1 E c aD E 160.5 1 U Q Page: 28 Packet Pg. 39 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher Date Vendor 238962 10/3/2019 037375 SNO CO PUD NO 1 238963 238965 238966 10/3/2019 076433 SNOHOMISH COUNTY 911 10/3/2019 070167 SNOHOMISH COUNTY TREASURER 10/3/2019 038300 SOUND DISPOSAL CO Voucher List City of Edmonds Invoice (Continued) 202289120 202620415 220547582 1855 September 2019 104757 10/3/2019 074990 STANTEC CONSULTING SERVICES 1564995 PO # Description/Account TRAFFIC LIGHT 22400 HWY 99 / ME 111.000.68.542.64.47.00 TRAFFIC LIGHT 23801 HWY 99 / ME TRAFFIC LIGHT 23801 HWY 99 / ME 111.000.68.542.64.47.00 MATHAY BALLINGER PARK IRRIGA MATHAY BALLINGER PARK IRRIGA 001.000.64.576.80.47.00 TRAFFIC LIGHT SR104 @ 95TH AVE TRAFFIC LIGHT SR104 @ 95TH AVE 111.000.68.542.63.47.00 Total OCT-19 COMMUNICATION DISPATC OCT-19 COMMUNICATION DISPATC 001.000.39.528.00.41.50 OCT-19 COMMUNICATION DISPATC 421.000.74.534.80.41.50 OCT-19 COMMUNICATION DISPATC 423.000.75.535.80.41.50 Total Crime Victims Court Remittance Crime Victims Court Remittance 001.000.237.140 Total WWTP:8/2019 ROLLOFF ASH DISF Ash disposal & taxes 423.000.76.535.80.47.65 Total EBJA.SERVICES THRU AUGUST 20 EBJA.Services thru August 2019 421.000.74.594.34.65.41 6.2.a Page: 29 a� L 3 c �a Amoun N 0 a m 57.7( u :a 58.1 E m t U 18.8E m c d 39.8� 1,875.1 0 �a a 70,111.5( 1,845.0z U 4- 0 1,845.0, �a 73,801.5E o a a Q 421.9E 421.9E c _o E 3,324.71' 'R 3,32417 u c aD E t 5,408.7E Q Page: 29 Packet Pg. 40 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 238966 10/3/2019 074990 074990 STANTEC CONSULTING SERVICES (Continued) 238967 10/3/2019 072649 THE WIDE FORMAT COMPANY 118830 238968 10/3/2019 070902 ULVESTAD, KAREN 238969 10/3/2019 067865 VERIZON WIRELESS 7998 PHOTOGRAPHY PO # Description/Account Total ; MONTHLY SERVICE CONTRACT-HF Sept-19 Maintenance on HP Pagewid 512.000.31.518.88.48.00 10.4% Sales Tax 512.000.31.518.88.48.00 Total 7998 DIGITAL PHOTOGRAPHY CLA, 7998 DIGITAL PHOTOGRAPHY CLA, 001.000.64.571.22.41.00 Total 9838631279 C/A 571242650-0001 iPhone/iPad Cell Service Bld Dept 001.000.62.524.20.42.00 iPhone/iPad Cell Service City Clerk 001.000.25.514.30.42.00 iPhone/iPad Cell Service Econ 001.000.61.557.20.42.00 iPad Cell Service Council 001.000.11.511.60.42.00 iPhone/iPad Cell Service Court 001.000.23.512.50.42.00 iPhone/iPad Cell Service Developmer 001.000.62.524.10.42.00 iPhone/iPad Cell Service Engineering 001.000.67.518.21.42.00 iPhone/iPad Cell Service Facilities 001.000.66.518.30.42.00 iPhone/iPad Cell Service Finance 001.000.31.514.23.42.00 iPhone/iPad Cell Service HR 001.000.22.518.10.42.00 iPhone/iPad Cell Service IS 6.2.a Page: 30 aD L 3 c �a Amoun y 0 5,408.7E a0i U d L_ 175.0( N 18.2( y 193.2( m c d 282.0( -a 282.0( 0 L �a 506.0< a E 76.8" 4- 97.7� 0 �a 440.8 , a a 76.8- Q rn 155.5; A 0 0 1,281.9< N E 250.1E .m 107.7� c aD E 10.0£ U �a Q Page: 30 Packet Pg. 41 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher Date Vendor 238969 10/3/2019 067865 VERIZON WIRELESS Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 512.000.31.518.88.42.00 iPhone/iPad Cell Service Mayor's Offi 001.000.21.513.10.42.00 iPhone/iPad Cell Service Parks Dept 001.000.64.571.21.42.00 iPhone/iPad Cell Service Police Dept 001.000.41.521.22.35.00 iPhone/iPad Cell Service Police Dept 001.000.41.521.22.42.00 Air cards Police Dept 001.000.41.521.22.42.00 iPhone/iPad Cell Service Planning De 001.000.62.558.60.42.00 iPhone/iPad Cell Service PW Admin 001.000.65.518.20.42.00 iPhone/iPad Cell Service PW Admin 421.000.74.534.80.42.00 iPhone/iPad Cell Service PW Admin 422.000.72.531.90.42.00 iPhone/iPad Cell Service PW Admin 423.000.75.535.80.42.00 iPhone/iPad Cell Service PW Admin 423.000.76.535.80.42.00 iPhone/iPad Cell Service PW Street C 111.000.68.542.90.42.00 iPhone/iPad Cell Service PW Fleet 511.000.77.548.68.42.00 iPhone/iPad Cell Service PW Water/, 421.000.74.534.80.42.00 iPhone/iPad Cell Service PW Water/, 423.000.75.535.80.42.00 iPhone/iPad Cell Service Sewer Dept 423.000.75.535.80.42.00 iPhone/iPad Cell Service Water 6.2.a Page: 31 a� L 3 c �a Amoun y 0 a aD 332.4( 'D U d 57.7E 57.7E Y m z 287.0< U 1,826.2( c d 1,120.2E �a 120.0' o L �a 26.8E E 7.6E U 26.8E 0 7.6E o a a 7.6� Q rn 232.3E M 0 57.7E E 166.6E 166.6E aD 324.6 t U �a Q Page: 31 Packet Pg. 42 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 238969 10/3/2019 067865 VERIZON WIRELESS (Continued) 9838763806 238970 10/3/2019 047200 WA RECREATION & PARK ASSOC 4871 238971 10/3/2019 075283 WAVE 3201-1027483-01 238972 10/3/2019 075635 WCP SOLUTIONS PO # Description/Account 421.000.74.534.80.42.00 iPad Cell Service Storm 422.000.72.531.90.42.00 iPad Cell Service Street/Storm 111.000.68.542.90.42.00 iPad Cell Service Street/Storm 422.000.72.531.90.42.00 iPhone/iPad Cell Service WWTP 423.000.76.535.80.42.00 iPhone/iPad Cell Service Parks 001.000.64.576.80.42.00 iPhone/iPad Cell Service Parks 001.000.64.571.21.42.00 iPad Cell Service Parks Discovery 001.000.64.571.23.42.00 C/A 772540262-00001 Lift Station access 512.000.31.518.88.42.00 Total WRPACPSI REGISTRATION: ROCK WRPACPSI REGISTRATION: ROCK 001.000.64.576.80.49.00 Total FIBER HIGH SPEED INTERNET SEF High Speed Internet service 10/01/19 512.000.31.518.87.42.00 Total 11405420 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES 001.000.66.518.30.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 6.2.a Page: 32 aD L 3 c �a Amoun y 0 a aD 382.4' 'D r U d 156.8< 200.0E m t 200.0E U 652.4( c 155.51 �a 97.7� o L �a 40.0" E 55.0E u 9,77M. 0 0 L a a 1,080.0( Q 1,080.0( A 0 0 816.0( N 816.0( E U c 203.8( E t U 21.2( Q Page: 32 Packet Pg. 43 vchlist 10/03/2019 10:19:48AM Voucher List City of Edmonds 6.2.a Page: 33 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun N 238972 10/3/2019 075635 WCP SOLUTIONS (Continued) 0 11407762 FAC MAINT - SUPPLIES FAC MAINT - SUPPLIES U 001.000.66.518.30.31.00 m 11728.3( 10.4% Sales Tax 001.000.66.518.30.31.00 179.7z Y Total: 2,133.0z 238973 10/3/2019 073552 WELCO SALES LLC 7704 UTILITY BILLING - 1000 #9 RETURN UTILITY BILLING - 1000 #9 RETURN c 421.000.74.534.80.31.00 36.61 (D UTILITY BILLING - 1000 #9 RETURN 423.000.75.535.80.31.00 36.6, UTILITY BILLING - 1000 #9 RETURN o 422.000.72.531.90.31.00 36.6( 10.4% Sales Tax a 421.000.74.534.80.31.00 3.8- 10.4% Sales Tax 423.000.75.535.80.31.00 3.8- u 10.4% Sales Tax o 422.000.72.531.90.31.00 3.8, Total: 121.4z 0 a 238974 10/3/2019 077218 WISC - EDUCATION 110534 DEPOSIT FOR WEBSITE SOFTWAF Q' Q Deposit for website software licenses 512.000.31.518.88.41.00 10,250.0( Total : 10,250.0( c 238975 10/3/2019 064213 WSSUA TREASURER 656 MENS & COED SOFTBALL LEAGE L SOFTBALL LEAGE UMPIRES N E 001.000.64.571.25.41.00 3,360.0( .m Total: 3,360.0( c 238976 10/3/2019 070432 ZACHOR & THOMAS PS INC 19-EDM0009 SEPT-19 RETAINER 0 Monthly Retainer 001.000.36.515.33.41.00 23,870.1( Q Page: 33 Packet Pg. 44 vchlist 10/03/2019 10:19:48AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 238976 10/3/2019 070432 070432 ZACHOR & THOMAS PS INC 104 Vouchers for bank code : usbank 104 Vouchers in this report PO # Description/Account (Continued) Total Bank total Total vouchers 6.2.a Page: 34 a� L 3 c �a Amoun y 0 23,870.1( 0 597,653.3° u m L 597,653.3: 'a N V d L V r d C d C O L Q U 4- 0 0 L Q Q Q r M O 0 I_ 2 V a 4) E U Y Q Page: 34 Packet Pg. 45 6.2.b vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 238977 10/10/2019 076040 911 SUPPLY INC Voucher List City of Edmonds Invoice PO # Description/Account 79029 INV 79029 - EDMONDS PD - S.SWAI BLAUER TROUSER 001.000.41.521.71.24.00 TROUSER ALTERATIONS 001.000.41.521.71.24.00 10.0% Sales Tax 001.000.41.521.71.24.00 79369 INV 79369 - EDMONDS PD - L.DANII PRICE DIFFERENCE FOR EXCHAN, 001.000.41.521.22.24.00 10.0% Sales Tax 001.000.41.521.22.24.00 79568 INV 79568 - EDMONDS PD - E.MAR- BALLISTIC PANELS 001.000.41.521.22.24.00 CONCEALABLE CARRIER 001.000.41.521.22.24.00 TRAUMA PLATE 001.000.41.521.22.24.00 10.0% Sales Tax 001.000.41.521.22.24.00 80022 INV 80022 - EDMONDS PD - W.MOF BALLISTIC PANELS 001.000.41.521.22.24.00 CONCEALABLE CARRIER 001.000.41.521.22.24.00 TRAUMA PLATE 001.000.41.521.22.24.00 10.0% Sales Tax 001.000.41.521.22.24.00 80023 INV 80023 - EDMONDS PD- K.GON2 BALLILSTIC PANELS 001.000.41.521.22.24.00 CONCEALABLE CARRIER Page: 1 aD L 3 c �a .y Amoun o a aD r U d 84.9� :a N 12.0( m z 9.7( v m c 1.2E c 0.1 , f° 0 L �a 845.0( E 80.0( 20.0( o 94.5( o a a Q 845.0( c) 0 80.0( 0 20.0( 94.5( c 845.0( t U �a Q Page: 1 Packet Pg. 46 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 238977 10/10/2019 076040 911 SUPPLY INC Voucher List City of Edmonds Invoice (Continued) 80024 238978 10/10/2019 072189 ACCESS INFORMATION MANAGEMENT 7722335 238979 10/10/2019 077234 AGHA, ZEINAB 238980 10/10/2019 077190 ALLMAN, KAREN MAEDA 238981 10/10/2019 077237 ANDERSON, BARBARA WOTS CONTEST WOTS CONTRACT WOTS CONTEST PO # Description/Account 001.000.41.521.22.24.00 TRAUMA PLATE 001.000.41.521.22.24.00 10.0% Sales Tax 001.000.41.521.22.24.00 INV 80024 - EDMONDS PD - D.SMIT 6 PATCH INSTALLATIONS 001.000.41.521.22.24.00 2 PATCH INSTALLATIONS 001.000.41.521.22.24.00 2 NAME TAPES 001.000.41.521.22.24.00 10.0% Sales Tax 001.000.41.521.22.24.00 Total SHREDDING SERVICES Shredding Services 001.000.25.514.30.41.00 Total : WOTS WRITING CONTEST AWARD WOTS WRITING CONTEST AWARD 117.100.64.573.20.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS WRITING CONTEST AWARD WOTS WRITING CONTEST AWARD 117.100.64.573.20.41.00 Total 6.2.b Page: 2 a� L 3 c �a Amoun N 0 a aD 80.0( 'D r U d 20.0( 94.5( m 18.0( m c 6.0( M c 16.0( 0 4.0( >+ 3,270.5, m E U 124.6' o 124.61 Ta 0 L a a Q 75.0( 75.0( r' 0 0 100.0( E 100.0( 'M c 75.0( t 75.0( Q Page: 2 Packet Pg. 47 6.2.b vchlist Voucher List Page: 3 10/10/2019 12:24:41 PM City of Edmonds a� L 3 Bank code : usbank c �a Voucher Date Vendor Invoice PO # Description/Account Amoun N 238982 10/10/2019 069751 ARAMARK UNIFORM SERVICES 1991441650 WWTP: UNIFORMS,TOWELS+MATT 0 m Mats/Towels 423.000.76.535.80.41.00 47.8£ u Uniforms L 423.000.76.535.80.24.00 3.5( 10.4% Sales Tax 423.000.76.535.80.41.00 4.9£ 10.4% Sales Tax U 423.000.76.535.80.24.00 0.3E 1991441651 PARKS MAINT UNIFORM SERVICE c PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 62.5E 10.4% Sales Tax 001.000.64.576.80.24.00 6.5( o Total: L 125.7' a 238983 10/10/2019 073794 ARSENAULT-BUCKHAM, MARY WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 195.0( u Total: 195.0E o 238984 10/10/2019 071124 ASSOCIATED PETROLEUM 0114455-IN WWTP: DIESEL FUEL M 0 ULSD #2 DYED - BULK fuel (include a 423.000.76.535.80.32.00 3,041.2E Q 10.4% Sales Tax 423.000.76.535.80.32.00 316.3" Total : 3,357.51, 238985 10/10/2019 070305 AUTOMATIC FUNDS TRANSFER 111182 OUT SOURCING OF UTILITY BILLS UB Outsourcing area Printing 2896 E 422.000.72.531.90.49.00 186.3E .m UB Outsourcing area Printing 2896 421.000.74.534.80.49.00 186.3E c UB Outsourcing area Printing 2896 E 423.000.75.535.80.49.00 192.0E U UB Outsourcing area Postage 2896 Q Page: 3 Packet Pg. 48 6.2.b vchlist Voucher List Page: 4 10/10/2019 12:24:41 PM City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun y 238985 10/10/2019 070305 AUTOMATIC FUNDS TRANSFER (Continued) 0 m 421.000.74.534.80.42.00 553.3z -0 UB Outsourcing area Postage 2896 423.000.75.535.80.42.00 553.3z .L 10.1 % Sales Tax 422.000.72.531.90.49.00 18.8, 10.1 % Sales Tax 421.000.74.534.80.49.00 t 18.8, u 10.1 % Sales Tax 423.000.75.535.80.49.00 19.4( c Total : 1,728.4z M 238986 10/10/2019 001835 AWARDS SERVICE INC 18038 SOFTBALL TOURNAMENT TROPHY SOFTBALL TOURNAMENT TROPHY o 001.000.64.571.22.41.00 15.0( 10.5% Sales Tax a 001.000.64.571.22.41.00 1.5£ Total : 16.5f 238987 10/10/2019 077236 BACKSTROM, JAMES C WOTS CONTEST WOTS WRITING CONTEST AWARD c WOTS WRITING CONTEST AWARD 1i 117.100.64.573.20.41.00 75.0( p Total: 75.0( a a 238988 10/10/2019 072577 BAURECHT, MAGRIT 09282019 DIVERSITY COMM FILM SERIES PC Q various ad design adjustments 001.000.61.558.70.41.00 85.0( o Diversity Commission Film Series c 001.000.61.557.20.41.00 500.0( Diversity Commission Film Series E 001.000.61.557.20.49.00 95.0( .m Holiday Market poster, flyer, and web 001.000.61.558.70.41.00 250.0( c Holiday Market poster purchase of im E E 001.000.61.558.70.49.00 25.0( U Holiday Market poster printing Q Page: 4 Packet Pg. 49 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 238988 10/10/2019 072577 BAURECHT, MAGRIT (Continued) 238989 10/10/2019 077230 BEASON, PAMELA WOTS CONTRACT 238990 10/10/2019 070641 BHARTI KIRCHNER WOTS CONTRACT 238991 10/10/2019 073760 BLUELINE GROUP LLC 17658 17659 238992 10/10/2019 075672 BOATWRIGHT, ALICE KARTH WOTS CONTRACT WOTS PRESENTATION PO # Description/Account 001.000.61.558.70.49.00 10.4% Sales Tax 001.000.61.557.20.49.00 10.4% Sales Tax 001.000.61.558.70.49.00 Total : WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total E7JA.SERVICES THRU 9/28/19 E7JA.Services thru 9/28/19 421.000.74.594.34.65.41 ESJB.SERVICES THRU 9/28/19 ESJB.Services thru 9/28/19 423.000.75.594.35.65.41 ESJB.Services thru 9/28/19 422.000.72.594.31.65.41 ESJB.Services thru 9/28/19 421.000.74.594.34.65.41 Total WOTS WRITING CONTEST JUDGE WOTS WRITING CONTEST JUDGE 117.100.64.573.20.41.00 WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 6.2.b Page: 5 aD L 3 c �a Amoun y 0 a aD 95.0( 'D r U d 9.8E 12.4E Y 1,072.3E m c 100.0( 100.0( c �a 0 325.0( a 325.0( E U 4- 9,503.0( 0 0 a 6,125.0- Q 6,125.0( r' 0 6,125.0" c 27,878.0, E 128.0( aD E t 155.0( Q Page: 5 Packet Pg. 50 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice 238992 10/10/2019 075672 075672 BOATWRIGHT, ALICE KARTH (Continued) 238993 10/10/2019 077243 BPAS 10082019 83119 PO # Description/Account Total ; VEBA FEES - NONREP ACCT #4057 NONREP VEBA FEES MAY-JULY 20 001.000.39.518.61.49.00 NONREP VEBA FEES MAY-JULY 20 423.000.76.535.80.49.00 NONREP VEBA FEES MAY-JULY 20 511.000.77.548.68.49.00 TEAMSTERS VEBA FEES ACCT #40 TEAMSTERS VEBA FEES NOVEMBI 001.000.39.518.61.49.00 TEAMSTERS VEBA FEES NOVEMBI 111.000.68.542.61.49.00 TEAMSTERS VEBA FEES NOVEMBI 421.000.74.534.80.49.00 TEAMSTERS VEBA FEES NOVEMBI 422.000.72.531.90.49.00 TEAMSTERS VEBA FEES NOVEMBI 423.000.75.535.80.49.00 TEAMSTERS VEBA FEES NOVEMBI 423.000.76.535.80.49.00 TEAMSTERS VEBA FEES NOVEMBI 511.000.77.548.68.49.00 ADMIN FEES - VEBAACCT #CITED ADMIN FEES FOR VEBA 001.000.39.518.61.49.00 ADMIN FEES FOR VEBA 111.000.68.542.61.49.00 ADMIN FEES FOR VEBA 421.000.74.534.80.49.00 ADMIN FEES FOR VEBA 422.000.72.531.90.49.00 ADMIN FEES FOR VEBA 423.000.75.535.80.49.00 6.2.b Page: 6 aD L 3 c �a Amoun y 0 283.0( 0 U d L_ 668.2z N 15.3E z U 15.3E m c d 1,083.9, c �a 330.3, o 378.4< a 330.3, 330.3, o 660.6z o a a 93.0( Q rn 463.7< _o 27.0( w E 35.7E u 31.7( (D E t 31.7; U Page: 6 Packet Pg. 51 Q vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 238993 10/10/2019 077243 BPAS (Continued) 238994 10/10/2019 075312 BRIDGES, SHIRIN WOTS CONTRACT 238995 10/10/2019 076341 BRK THRU DIGITAL LLC BID-4267 238996 10/10/2019 072005 BROCKMANN, KERRY 8038 8053 YOGA 8050 8056 YOGA 238997 10/10/2019 077079 BUCHANAN, LAURIE WOTS CONTRACT 238998 10/10/2019 077231 BUXTON, KIRAJANE WOTS CONTRACT PO # Description/Account ADMIN FEES FOR VEBA 423.000.76.535.80.49.00 ADMIN FEES FOR VEBA 511.000.77.548.68.49.00 Total : WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total BID/ED! DIGITAL ADVERTISING FOF BID/Ed! Digital marketing for Septeml 140.000.61.558.70.41.40 Total 8038 8053 PILATES AND YOGA INS- 8038 PILATES INSTRUCTION 001.000.64.571.27.41.00 8053 YOGA WED W/ KERRY CLASS 001.000.64.571.27.41.00 8050 8056 YOGA INSTRUCTION 8050 YOGA GENTLE WED CLASS If 001.000.64.571.27.41.00 8056 YOGA TH W/ KERRY CLASS II` 001.000.64.571.27.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 6.2.b Page: 7 a� L 3 c �a Amoun N 0 a m 72.2( u 12.8( 4,581.0( m v 890.0( 890.0( c �a 1,350.0( 1,350.0( a E U 552.7', c Ta 701.2E o a a 453.4, Q rn 423.5( o 2,130.9, c E 405.0( 405.0( aD E t U �a Q Page: 7 Packet Pg. 52 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 238998 10/10/2019 077231 BUXTON, KIRAJANE 238999 10/10/2019 076240 CADMAN MATERIALS INC 239000 10/10/2019 076378 CAMFIL USA INC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 117.100.64.573.20.41.00 Total 1690493 STREET - SUPPLIES STREET - SUPPLIES 111.000.68.542.61.31.00 7.8% Sales Tax 111.000.68.542.61.31.00 1691382 ROADWAY - SUPPLIES & ENVIROM ROADWAY - SUPPLIES & ENVIROM 111.000.68.542.31.31.00 7.8% Sales Tax 111.000.68.542.31.31.00 5636317 STREETS - ASPHALT STREETS - ASPHALT 111.000.68.542.61.31.00 10.0% Sales Tax 111.000.68.542.61.31.00 5637077 ROADWAY - ASPHALT ROADWAY - ASPHALT 111.000.68.542.31.31.00 10.0% Sales Tax 111.000.68.542.31.31.00 5637491 ROADWAY - ASPHALT ROADWAY - ASPHALT 111.000.68.542.31.31.00 10.0% Sales Tax 111.000.68.542.31.31.00 Total 30117928 WWTP: 30/30 FILTERS 30/30 filters 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 6.2.b Page: 8 Page: 8 Packet Pg. 53 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239000 10/10/2019 076378 076378 CAMFIL USA INC 239001 10/10/2019 071816 CARLSON, JESSICA 239002 10/10/2019 003510 CENTRAL WELDING SUPPLY 239003 10/10/2019 072473 CHANCE, MEGAN 239004 10/10/2019 073135 COGENT COMMUNICATIONS INC 239005 10/10/2019 070323 COMCAST BUSINESS 239006 10/10/2019 077085 CONNALLY, CONNIE Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Total 7950 DRAWING 7950 ADVENTURES IN DRAWING IP 7950 ADVENTURES IN DRAWING IP 001.000.64.571.22.41.00 Total RN09190991 WWTP: CYLINDER RENTAL+HAZM) nitrogen, oxygen, carbon monoxide 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Total WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total OCT-19 C/A CITYOFED00001 Oct-19 Fiber Optics Internet Connecti 512.000.31.518.87.42.00 Total 8498310301175175 CEMETERY INTERNET 820 15TH Sl CEMETERY INTERNET 820 15TH Sl 130.000.64.536.20.42.00 8498310301175191 MEADOWDALE PRESCHOOL INTEF MEADOWDALE PRESCHOOL INTEF 001.000.64.571.29.42.00 Total WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total 6.2.b Page: 9 a� L 3 c �a Amoun y 0 337.8: 0 U d L_ 231.0( T3 231.0( tf m 147.9( m c 15.3E -a 163.2f 0 L �a 185.0( a 185.0( E U 4- 0 406.1( > 406.1( o a a Q rn 138.6" 0 0 138.E - 277.2:. �a U c a� 195.0( E 195.0( U co Q Page: 9 Packet Pg. 54 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 239007 10/10/2019 006200 DAILY JOURNAL OF COMMERCE 3352119 BUSINESS RECRUITMENT ADS FOI Business recruitment ads for Septeml 001.000.61.558.70.41.40 Tota I : 239008 10/10/2019 074444 DATAQUEST LLC 10124 SEPTEMBER BACKGROUND CHEC BACKGROUND CHECKS 001.000.22.518.10.41.00 Total 239009 10/10/2019 073823 DAVID EVANS & ASSOC INC 446517 TO 19-01.SERVICES THRU 6/15/19- TO 19-01.Services thru 6/15/19- 001.000.245.963 Tota I : 239010 10/10/2019 047450 DEPT OF INFORMATION SERVICES 2019090037 CUSTOMER ID# D200-0 SWV#0098 Scan Services for September 2019 512.000.31.518.88.42.00 Tota I : 239011 10/10/2019 064531 DINES, JEANNIE 19-3963 CITY COUNCIL MTG. MINUTES & TF city council meeting minutes & 001.000.25.514.30.41.00 Total 239012 10/10/2019 074592 DRISCOLL, SCOTT WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total 239013 10/10/2019 007253 DUNN LUMBER 6688029 PM: SUPPLIES ACCT E000027 PM SUPPLIES: WASHERS, HEX NU 001.000.64.576.80.31.00 10.5% Sales Tax 001.000.64.576.80.31.00 Tota I : 6.2.b Page: 10 a� L 3 c �a Amoun N 0 a m 400.0( u 400.0( .` N m 240.0( 240.0( m c a� 1,989.6, 1,989.61 o 0 �a a 285.0( .E 285.0( 0 Ta 402.5( o 402.5( a Q rn 155.0( 155.0( E 2 U 211.7E }; c d 22.Z E 233.9f csi Q Page: 10 Packet Pg. 55 6.2.b vchlist Voucher List Page: 11 10/10/2019 12:24:41 PM City of Edmonds a� L 3 Bank code : usbank c �a Voucher Date Vendor Invoice PO # Description/Account Amoun N 239014 10/10/2019 007675 EDMONDS AUTO PARTS 1-100102 PM SUPPLIES: WIX OIL FILTER 0 m PM SUPPLIES: WIX OIL FILTER 001.000.64.576.80.31.00 8.9� u 10.4% Sales Tax L 001.000.64.576.80.31.00 0.9z 1-99489 PLAZA ROOM - SUPPLIES PLAZA ROOM - SUPPLIES 001.000.66.518.30.31.00 6.9� u 10.4% Sales Tax 001.000.66.518.30.31.00 0.7< c Total : 17.6° M 239015 10/10/2019 076610 EDMONDS HERO HARDWARE 1469 PM SUPPLIES: SCREWS, DRILL B11 PM SUPPLIES: SCREWS, DRILL B11 0 001.000.64.576.80.31.00 26.7z 10.4% Sales Tax a 001.000.64.576.80.31.00 2.7£ 1471 PM SUPPLIES: NUTS, BOLTS, SCRE PM SUPPLIES: NUTS, BOLTS, SCRE U 001.000.64.576.80.31.00 10.1E o 10.4% Sales Tax �a 001.000.64.576.80.31.00 1.0E o Total: 40.7z a Q 239016 10/10/2019 008550 EDMONDS SCHOOL DISTRICT #15 2002381.009 REFUND: PLAZA ROOM DAMAGE C REFUND: PLAZA ROOM DAMAGE C r' 001.000.239.200 200.0( c Total : 200.0( o 239017 10/10/2019 009350 EVERETT DAILY HERALD EDH875764 STREET VACATION CODE UPDATE E street vacation code update public ca 001.000.25.514.30.41.40 78.4( EDH875950 LEGAL DESCRIP: PLN 2019 0044 Legal Descrip: PLN 2019 0044 °' E 001.000.62.558.60.41.00 95.2( EDH876078 LEGAL DESCP: PLN 2018 0064 Q Page: 11 Packet Pg. 56 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 239017 10/10/2019 009350 EVERETT DAILY HERALD (Continued) 239018 10/10/2019 076089 FLANAGAN, KERRIE WOTS CONTRACT WOTS PRESENTATION 239019 10/10/2019 075607 FOLKINS, GAIL WOTS CONTRACT WOTS PRESENTATION 239020 10/10/2019 071998 FOSTER, KELSEY BID-8388 BID-8389 239021 10/10/2019 076251 FREDERICK, SUSAN WOTS CONTEST 239022 10/10/2019 011900 FRONTIER 206-188-0247 PO # Description/Account Legal Descp: PLN 2018 0064 001.000.62.558.60.41.00 Total WOTS MANUSCRIPT CRITIQUES Al WOTS MANUSCRIPT CRITIQUES Al 117.100.64.573.20.41.00 WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS MANUSCRIPT CRITIQUES Al WOTS MANUSCRIPT CRITIQUES Al 117.100.64.573.20.41.00 WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total BID/ED! COPYWRITING FOR SEPT[ BID/Ed! copywriting for September 2C 140.000.61.558.70.41.00 BID/ED! COPYWRITING FOR OCTO BID/Ed! copywriting for October 2019 001.000.61.558.70.41.00 Total WOTS WRITING CONTEST AWARD WOTS WRITING CONTEST AWARD 117.100.64.573.20.41.00 Total TELEMETRY MASTER SUMMARY A, TELEMETRY MASTER SUMMARY A, 421.000.74.534.80.42.00 6.2.b Page: 12 aD L 3 c �a Amoun N 0 a m 131.6( u 305.2( .` N m 320.0( m c 890.0( 1,210.0( c �a 0 256.0( a E 195.0( U 451.0( o �a 0 a 600.0( Q rn 600.0( o 1,200.0( c E M 100.0( z 100.0( aD E z 271.2- Q Page: 12 Packet Pg. 57 6.2.b vchlist Voucher List Page: 13 10/10/2019 12:24:41 PM City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun N 239022 10/10/2019 011900 FRONTIER (Continued) 0 m TELEMETRY MASTER SUMMARY A, 423.000.75.535.80.42.00 271.2( u 253-003-6887 LIFT STATION #6 VG SPECIAL ACCI L LIFT STATION #6 VG SPECIAL ACCI 423.000.75.535.80.42.00 42.11 425-774-1031 LIFT STATION #8 VG SPECIAL ACCI LIFT STATION #8 TWO VOICE GRAI v 423.000.75.535.80.42.00 47.5( 425-776-1281 SNO-ISLE LIBRARY ELEVATOR PH( SNO-ISLE LIBRARY ELEVATOR PH( 001.000.66.518.30.42.00 59.5E c 425-776-5316 425-776-5316 PARKS MAINT FAX LII sa 425-776-5316 PARKS MAINT FAX LII o 001.000.64.576.80.42.00 109.4� 425-776-6829 CITY HALL ALARM LINES 121 5TH P a CITY HALL FIRE AND INTRUSION A E 001.000.66.518.30.42.00 140.3' 'ji Total: 941.4E u 4- 0 239023 10/10/2019 076778 GO NATIVES! NURSERY 10948 PM: ARBOR DAY PIONEER WAY PL 1i PM: ARBOR DAY PIONEER WAY PL. 0 001.000.64.576.80.31.00 L 730.6( a 10.2% Sales Tax Q 001.000.64.576.80.31.00 74.5, 11196 PM: CITY PARK PLANTS PM: CITY PARK PLANTS 001.000.64.576.80.31.00 62.5( o 10.2% Sales Tax 001.000.64.576.80.31.00 6.3£ E Total: 874.0( 239024 10/10/2019 076542 GRANICUS 118529 LEGISLATIVE MANAGEMENT - AGE c Legislative management - agenda & E 001.000.25.514.30.48.00 1,417.5' � 10.4% Sales Tax Q Page: 13 Packet Pg. 58 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239024 10/10/2019 076542 GRANICUS 239025 10/10/2019 074722 GUARDIAN SECURITY SYSTEMS 239026 10/10/2019 073796 HARTWELL, ELENA MELISSA 239027 10/10/2019 076047 HEDREEN, ANN 239028 10/10/2019 067862 HOME DEPOT CREDIT SERVICES Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.25.514.30.48.00 Total 955108 OLD PW - SECURITY OLD PW - SECURITY 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 Total WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total 1062769 WWTP: 1/4" DRIP TUBING,1/8X1/4 E 1/4" DRIP TUBING,1/8X1/4 ADAPTEI 423.000.76.535.80.48.00 10.2% Sales Tax 423.000.76.535.80.48.00 1083586 WWTP: POLY SHEETING,TIDE LAUI POLY SHEETING,TIDE LAUNDRY S 423.000.76.535.80.31.00 10.2% Sales Tax 423.000.76.535.80.31.00 7015523 WWTP: 2X12 8' PT GC CONSTRUC- 2X12 8' PT GC CONSTRUCTIONS 8 423.000.76.535.80.48.00 10.2% Sales Tax 423.000.76.535.80.48.00 6.2.b Page: 14 a� L 3 c �a Amoun N 0 a aD 147.4' -0 1,564.91 m L_ N 55.0( t U 5.7< 60.7; c d M c �a 195.0( — 195.0( �a a E 155.0( 155.0( c Ta 0 L 15.5' a Q 1.5£ c� 0 293.7z o 29.9E c 52.1- E t 5.3, Q Page: 14 Packet Pg. 59 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239028 10/10/2019 067862 HOME DEPOT CREDIT SERVICES 239029 10/10/2019 061013 HONEY BUCKET Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 7203982 WWTP: SUPER SWEET LIME SUPER SWEET LIME - picked up at 423.000.76.535.80.31.00 10.2% Sales Tax 423.000.76.535.80.31.00 Tota I : 0551257400 HICKMAN PARK HONEY BUCKET HICKMAN PARK HONEY BUCKET 001.000.64.576.80.45.00 0551257401 YOST PARK POOL HONEY BUCKET YOST PARK POOL HONEY BUCKET 001.000.64.576.80.45.00 0551257402 HAINES WHARF PARK HONEY BUC HAINES WHARF PARK HONEY BUC 001.000.64.576.80.45.00 0551257403 PINE STREET PARK HONEY BUCKE PINE STREET PARK HONEY BUCKE 001.000.64.576.80.45.00 0551257404 SIERRA PARK HONEY BUCKET SIERRA PARK HONEY BUCKET 001.000.64.576.80.45.00 0551257405 WILLOW CREEK FISH HATCHERY I WILLOW CREEK FISH HATCHERY I 001.000.64.576.80.45.00 0551257406 CIVIC FIELD 6TH & BELL HONEY Bl CIVIC FIELD 6TH & BELL HONEY Bl 001.000.64.576.80.45.00 0551257407 MARINA BEACH/DOG PARK HONED MARINA BEACH/DOG PARK HONED 001.000.64.576.80.45.00 0551257408 CIVIC CENTER PLAYFIELD HONEY CIVIC CENTER PLAYFIELD HONEY 001.000.64.576.80.45.00 0551257409 CIVIC FIELD 6TH & EDMONDS HON 6.2.b Page: 15 aD L 3 c �a Amoun N 0 a m U m 339.0( 34.5E 771.8, d v m c 607.6, � c �a 420.8E o �a a 233.7f U 113.8E o �a 0 L 113.8E m Q rn 215.0E 0 0 113.8E N E 2 1,394.2< �U c d E 113.8E U 2 Q Page: 15 Packet Pg. 60 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239029 10/10/2019 061013 HONEY BUCKET 239030 10/10/2019 075966 HULBERT, CARRIE 239031 10/10/2019 076488 HULBERT, MATTHEW STIEG 239032 10/10/2019 060165 HWA GEOSCIENCES INC 239033 10/10/2019 073548 INDOFF INCORPORATED Voucher List City of Edmonds Invoice PO # Description/Account (Continued) CIVIC FIELD 6TH & EDMONDS HON 001.000.64.576.80.45.00 Total BID-0919ED BID/ED! PROGRAM MANAGEMENT BID/Ed! program management for 140.000.61.558.70.41.00 Total BID-092019 BID/ED! PHOTOGRAPHY FOR SEPI BID/Ed! photography for September 140.000.61.558.70.41.00 Total 29692 ESJB.SERVICES THRU 9/28/19 ESJB.Services thru 9/28/19 421.000.74.594.34.65.41 ESJB.Services thru 9/28/19 423.000.75.594.35.65.41 ESJB.Services thru 9/28/19 422.000.72.594.31.65.41 29743 EBFC.SERVICES THRU 9/28/19 EBFC.Services thru 9/28/19 422.000.72.594.31.65.41 Total 3296127 POST IT NOTEPADS 3X3 Post it notepads 3x3 001.000.31.514.23.31.00 10.4% Sales Tax 001.000.31.514.23.31.00 3296487 MOUSE PADS Mouse pads 001.000.31.514.23.31.00 10.4% Sales Tax 6.2.b Page: 16 a� L 3 c �a Amoun N 0 a m 203.31 U 3,530.31 N m 2,866.5( 2,866.5( m c a� 600.0( 600.0( — 0 L �a a 994.8E .E �a U 994.8E o Ta 994.8z c a a 845.2E Q 3,829.8( r' 0 0 22.5z 2.3z c 33.2( t U �a Q Page: 16 Packet Pg. 61 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 239033 10/10/2019 073548 INDOFF INCORPORATED (Continued) 239034 10/10/2019 014940 INTERSTATE BATTERY SYSTEMS 300-10063035 239035 10/10/2019 077128 IYER, NALINI 239036 10/10/2019 075062 JAMESTOWN NETWORKS 239037 10/10/2019 077008 JOHNSON, CHARLES 239038 10/10/2019 074596 JUSINO, ELIZABETH 239039 10/10/2019 077239 KAUFER, DAVID WOTS CONTRACT 5592 WOTS CONTRACT WOTS CONTRACT 2002384.009 PO # Description/Account 001.000.31.514.23.31.00 Total : PM SUPPLIES: ELECTRICAL TAPE, PM SUPPLIES: ELECTRICAL TAPE, 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total FIBER OPTICS INTERNET CONNEC Oct-19 Fiber Optics Internet Connecti 512.000.31.518.87.42.00 10.4% Sales Tax 512.000.31.518.87.42.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total REFUND: OKTOBERFEST DEPOSIT REFUND: OKTOBERFEST DEPOSIT 001.000.239.200 6.2.b Page: 17 Page: 17 Packet Pg. 62 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 239039 10/10/2019 077239 077239 KAUFER, DAVID (Continued) 239040 10/10/2019 072650 KCDA PURCHASING COOPERATIVE 300435351 239041 10/10/2019 074958 KENOWER, WILLIAM 239042 10/10/2019 066592 KENYON, KAY 239043 10/10/2019 073950 KUBWATER RESOURCES 239044 10/10/2019 077240 LA MESA FICTION LLC 239045 10/10/2019 075016 LEMAY MOBILE SHREDDING WOTS CONTRACT WOTS CONTRACT Description/Account Total INV 300435351 - EDMONDS PD 10 CASES OF PAPER 001.000.41.521.10.31.00 HANDELING FEE 001.000.41.521.10.31.00 10.4% Sales Tax 001.000.41.521.10.31.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total 09011 WWTP: POLYMER Polymer 423.000.76.535.80.31.51 10.4% Sales Tax 423.000.76.535.80.31.51 Total WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total 4630536 SHREDDING Shredding Services 9/25/19 001.000.25.514.30.41.00 Shredding Services 9/25/19 6.2.b Page: 18 a� L 3 c �a Amoun y 0 1,500.0( 0 U d L_ 283.2( N 76.8( t U 29.4,1 389.4; c c �a 485.0( — 485.0( �a a E 425.0( 425.0( o Ta 0 11,372.2� a Q 1,182.7, c) 12,555.01 c _o 1,100.0( .E 1,100.0( c a� E 12.3: U Q Page: 18 Packet Pg. 63 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 239045 10/10/2019 075016 LEMAY MOBILE SHREDDING (Continued) 239046 10/10/2019 070643 LETKO, KENNETH WOTS CONTRACT WOTS PRESENTATION 239047 10/10/2019 077084 LEVIN, CAROL WOTS CONTRACT 239048 10/10/2019 073801 LONG, PRISCILLA WOTS CONTRACT 239049 10/10/2019 061900 MARC 0677124-IN 0677220-IN 239050 10/10/2019 075746 MCMURRAY, LAURA 8082 8085 FELDENKRAI PO # Description/Account 001.000.31.514.23.41.00 Total : WOTS MANUSCRIPT CRITIQUES Al WOTS MANUSCRIPT CRITIQUES Al 117.100.64.573.20.41.00 WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WWTP: DE -LIMBER 05 DE -LIMBER 05 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 WWTP: HD INDUSTRIAL SOLV 55 HD INDUSTRIAL SOLV 55 423.000.76.535.80.31.00 10.4% Sales Tax 423.000.76.535.80.31.00 Total 8082 8085 FELDENKRAIS INSTRUC 8082 FELDENKRAIS INSTRUCTION 001.000.64.571.27.41.00 6.2.b Page: 19 a� L 3 c �a Amoun y 0 a aD 12.3' -0 24.6E m L_ N 96.0( 560.0( c 656.0( c �a 560.0( o 560.0( ca a E U 310.0( 310.0( c �a 0 L Q a 520.0( Q rn 54.0E c 0 1,300.7,' M 135.2f Z 2,010.11 d E t U �a 244.0( Q Page: 19 Packet Pg. 64 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239050 10/10/2019 075746 MCMURRAY, LAURA 239051 10/10/2019 072223 MILLER, DOUG 239052 10/10/2019 020900 MILLERS EQUIP & RENT ALL INC 239053 10/10/2019 077238 MOORE, MARY-LEAH 239054 10/10/2019 064570 NATIONAL SAFETY INC 239055 10/10/2019 075539 NATURE INSIGHT CONSULTING Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 8085 FELDENKRAIS INSTRUCTION 001.000.64.571.27.41.00 Total 9/25/19 GYM MONITOR 9/25/19 BASKETBALL GYM MONITC 9/25/19 BASKETBALL GYM MONITC 001.000.64.571.25.41.00 Total 313591 STREET - CHAIN STREET - CHAIN 111.000.68.542.71.31.00 10.4% Sales Tax 111.000.68.542.71.31.00 Total WOTS CONTEST WOTS WRITING CONTEST AWARD WOTS WRITING CONTEST AWARD 117.100.64.573.20.41.00 Total 0555977-IN WWTP: SENSOR VENTIS & IN DUS' SENSOR VENTIS & IN DUST FILTEF 423.000.76.535.80.35.00 Freight 423.000.76.535.80.35.00 10.4% Sales Tax 423.000.76.535.80.35.00 Total 13 WILLOW CREEK DAYLIGHTING PR1 Tasks 1 - 4: Parks Project Mgmt and 125.000.64.576.80.41.00 Task 5: Engineering Dept Tasks 422.000.72.594.31.65.41 6.2.b Page: 20 a� L 3 c �a Amoun N 0 a m 117.0( u 361.0( N m 30.0( 30.0( m c a� 18.01 1.8E 19.9: a E U 100.0( o 100.0( 0 a a 198.0( Q rn 14.3E c 22.0E 234.4: 2 U 812.5( (D E t 500.0( um Q Page: 20 Packet Pg. 65 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds 6.2.b Page: 21 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 239055 10/10/2019 075539 075539 NATURE INSIGHT CONSULTING (Continued) Total : 1,312.5( 239056 10/10/2019 070855 NAVIA BENEFIT SOLUTIONS 10190177 APRIL NAVIA FEES FSA FEES - APRIL 2019 001.000.22.518.10.41.00 155.0( 10212004 FSA FEES - SEPTEMBER SEPT. NAVIA FEES 001.000.22.518.10.41.00 150.0( Total : 305.0( 239057 10/10/2019 077137 NIEMANN, MICHAEL E WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 365.0( Total : 365.0( 239058 10/10/2019 024960 NORTH COAST ELECTRIC COMPANY S009599700.002 WWTP: HOFF TFP41 115V, 50/601-12 HOFF TFP41 115V, 50/60HZ 423.000.76.535.80.48.00 477.0( 10.4% Sales Tax 423.000.76.535.80.48.00 49.6" Total : 526.61 239059 10/10/2019 075542 NORTHWEST LANDSCAPE SUPPLY 3465 PM: TURF MIX PM: TURF MIX 001.000.64.576.80.31.00 60.0( 10.5% Sales Tax 001.000.64.576.80.31.00 6.3( Total: 66.3( 239060 10/10/2019 025690 NOYES, KARIN 000 00 945 ADB MINUTES 10/2/2019 ADB Minutes 10/2/2019 001.000.62.558.60.41.00 333.0( Tota I : 333.0( 239061 10/10/2019 076902 OCCUPATIONAL HEALTH CTR OF WA 65624159 DOT TESTING STREET DOT TEST- PLOEGER 111.000.68.542.90.41.00 99.0( Page: 21 Packet Pg. 66 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds 6.2.b Page: 22 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 239061 10/10/2019 076902 OCCUPATIONAL HEALTH CTR OF WA (Continued) WATER DOT TEST - BECK 421.000.74.534.80.41.00 99.0( Tota I : 198.0( 239062 10/10/2019 026200 OLYMPIC VIEW WATER DISTRICT 0054671 HICKMAN PARK IRRIGATION HICKMAN PARK IRRIGATION 001.000.64.576.80.47.00 2,627.6( 0060860 HICKMAN PARK DRINKING FOUNT/ HICKMAN PARK DRINKING FOUNT/ 001.000.64.576.80.47.00 129.1- Total : 2,756.71 239063 10/10/2019 077078 PAOLA, SUZANNE WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 195.0( Total : 195.0( 239064 10/10/2019 070962 PAULSONS TOWING INC 120297 INV 120297 - EDMONDS PD TOW GRAY SCION - CS 19-23068 001.000.41.521.22.41.00 189.0( 10.5% Sales Tax 001.000.41.521.22.41.00 19.8,1 Total : 208.8! 239065 10/10/2019 069633 PET PROS 0017370-IN INV 0017370-IN-EDMONDS PD DOG FOOD -HOBBS 001.000.41.521.26.31.00 94.9E 10.5% Sales Tax 001.000.41.521.26.31.00 9.91 Total : 104.9! 239066 10/10/2019 074793 PETDATA INC 7974 INV 7974 - EDMONDS PD ONE YEAR LICENSES 31 @a $4.20 E 001.000.41.521.70.41.00 130.2( Total: 130.2( Page: 22 Packet Pg. 67 6.2.b vchlist Voucher List Page: 23 10/10/2019 12:24:41 PM City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account a� L 3 c �a Amoun N 239067 10/10/2019 008400 PETTY CASH ADMIN PC 10/2/19 POLICE ADMIN PETTY CASH 10/2/1 0 m ENGRAVING ON PERPETUAL PLAC 001.000.41.521.10.31.00 10.21 u PARKING - BELLEVUE CITY HALL L 001.000.41.521.40.43.00 12.0( JUROR MILEAGE - BROMAN 001.000.41.521.11.43.00 26.6E RANGE SUPPLIES - PLOEGER v 001.000.41.521.40.31.00 21.4E COOKIES- 8/27 POLICE FOUND. M1 c 001.000.41.521.10.31.00 12.9E m CASE OF WATER FOR COMBAT SH c 001.000.41.521.40.31.00 16.6E f° DISPOSABLE EARPLUGS -RANGE o 001.000.41.521.40.31.00 L 35.2( SCSPCA MTG - 3 BREAKFASTS a 001.000.41.521.10.43.00 39.0( E Total: 174.31 239068 10/10/2019 076267 PETTY, RYAN WOTS CONTRACT WOTS PRESENTATION SERVICES o WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 155.0( o Total: 155.0( a Q 239069 10/10/2019 077241 PRENDERGAST, GABRIELLE WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 425.0( Total : 425.0( o 239070 10/10/2019 077083 QUINN, ANNA WOTS CONTRACT WOTS PRESENTATION SERVICES E WOTS PRESENTATION SERVICES M 117.100.64.573.20.41.00 185.0( U Total: 185.0( c a) 239071 10/10/2019 073885 RANDOLPH, PAMELA PRandolph2019-2 WWTP: EXPENSE CLAIMS FOR WE WEFTEC Conf.Per Diem Meals, Hote Q Page: 23 Packet Pg. 68 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239071 10/10/2019 073885 RANDOLPH, PAMELA 239072 10/10/2019 061540 REPUBLIC SERVICES #197 239073 10/10/2019 067447 RILEY, CHARLES H. 239074 10/10/2019 077242 ROBB, CANDACE M Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 423.000.76.535.80.43.00 Total 3-0197-0800478 FIRE STATION #20 23009 88TH AVE FIRE STATION #20 23009 88TH AVE 001.000.66.518.30.47.00 3-0197-0800897 PUBLIC WORKS OMC 7110 210TH ; PUBLIC WORKS OMC 7110 210TH ; 001.000.65.518.20.47.00 PUBLIC WORKS OMC 7110 210TH ; 111.000.68.542.90.47.00 PUBLIC WORKS OMC 7110 210TH ; 421.000.74.534.80.47.00 PUBLIC WORKS OMC 7110 210TH ; 423.000.75.535.80.47.10 PUBLIC WORKS OMC 7110 210TH ; 511.000.77.548.68.47.00 PUBLIC WORKS OMC 7110 210TH ; 422.000.72.531.90.47.00 3-0197-0801132 FIRE STATION #16 8429 196TH ST ; FIRE STATION #16 8429 196TH ST 001.000.66.518.30.47.00 3-0197-0829729 CLUBHOUSE 6801 N MEADOWDAL CLUBHOUSE 6801 N MEADOWDAL 001.000.66.518.30.47.00 Total 67 REIMBURSEMENT REIMBURSEMENT 009.000.39.517.20.23.00 Total WOTS CONTRACT WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 6.2.b Page: 24 a� L 3 c �a Amoun y 0 a aD 1,585.6' 'D 1,585.6: m L_ 13 N 202.5E 34.2' c d 130.0E c �a 130.0� o 130.0E a 130.0E 130.0E o 0 L 218.3, a Q rn 71.4E 1,177.0E _o E 1,208.51' 1,208.5: c aD E t U 75.0( Q Page: 24 Packet Pg. 69 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice PO # 239074 10/10/2019 077242 077242 ROBB, CANDACE M (Continued) 239075 10/10/2019 074256 RYDIN DECAL 363447 239076 10/10/2019 067802 SAN DIEGO POLICE EQUIP CO 239077 10/10/2019 065001 SCHIRMAN, RON 239078 10/10/2019 072733 SCHWING BIOSET INC Description/Account Total ; 2020 EMPLOYEE PARKING PERMIT 2020 Employee Parking Permits 121.000.25.542.65.31.00 Total 639409 INV 639409 - EDMONDS PD 9MM MARKING CARTRIDGES 628.000.41.521.23.31.00 .223 MARKING CARTRIDGES 628.000.41.521.23.31.00 10.4% Sales Tax 628.000.41.521.23.31.00 Total : 65 REIMBURSEMENT REIMBURSEMENT 009.000.39.517.20.29.00 Total 61422072 WWTP: 6/2019 RENTAL CHG FOR F 6/2019 RENTAL CHG FOR HYDRAU 423.000.76.535.80.48.00 61422470 WWTP: 8/2019 RENTAL CHG FOR F 8/2019 RENTAL CHG FOR HYDRAU 423.000.76.535.80.48.00 Total 239079 10/10/2019 067076 SEATTLE PUMP AND EQUIPMENT CO 207584-1 207744-1 STORM - SUPPLIES STORM - SUPPLIES 422.000.72.531.40.31.00 10.4% Sales Tax 422.000.72.531.40.31.00 STORM - RETURNED ITEMS STORM - RETURNED ITEMS 422.000.72.531.40.31.00 6.2.b Page: 25 W L 3 c �a Amoun N 0 75.0( 0 U d L_ 534.9< 534.9: m z 471.1 E m c 2,889.8( -a c �a 349.51 — 3,710.5( �a a E 9,610.0( 9,610.0( o Ta 0 5,000.0( a Q rn 5,000.0( c 10,000.0( 0 E 1, 919.91, 199.6E E t U sa -80.0( Q Page: 25 Packet Pg. 70 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds 6.2.b Page: 26 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 239079 10/10/2019 067076 SEATTLE PUMP AND EQUIPMENT CO (Continued) 10.4% Sales Tax 422.000.72.531.40.31.00 -8.3, Total: 2,031.31 239080 10/10/2019 066918 SEDOR, NORMAN 66 REIMBURSEMENT REIMBURSEMENT 009.000.39.517.20.29.00 9,042.3E Total : 9,042.3E 239081 10/10/2019 074997 SEITEL SYSTEMS, LLC 49748 ONSITE COMPUTER SUPPORT Onsite computer support - 9/10/19 512.000.31.518.88.41.00 552.5( Total: 552.5( 239082 10/10/2019 077173 SELECT HOMES INC 141415 SELECT HOMES HYDRANT DEPOS SELECT HOMES HYDRANT DEPOS 421.000.245.110 900.0( Tota I : 900.0( 239083 10/10/2019 066748 SNO CO DEPT OF INFO SERVICES 1000511194 2019 FIBER NETWORK HOSTING S 2019 Fiber Network Hosting Services 512.000.31.518.87.42.00 600.0( Total : 600.0( 239084 10/10/2019 075543 SNO CO PUBLIC DEFENDER ASSOC 2873 SNO CO PUB DEF CONTRACT SEPT CONTRACT COST 001.000.39.512.52.41.00 28,448.9� Total : 28,448.95 239086 10/10/2019 037375 SNO CO PUD NO 1 200124873 TRAFFIC LIGHT 9933 100TH AVE W TRAFFIC LIGHT 9933 100TH AVE W 111.000.68.542.64.47.00 40.4E 200202919 LIFT STATION #8 113 RAILROAD AV LIFT STATION #8 113 RAILROAD AV 423.000.75.535.80.47.10 63.8" 200386456 CLUBHOUSE 6801 MEADOWDALE Page: 26 Packet Pg. 71 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239086 10/10/2019 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) CLUBHOUSE 6801 MEADOWDALE 00 1. 000. 66.518.30.47. 00 200422418 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 200493153 TRAFFIC LIGHT 22000 76TH AVE W TRAFFIC LIGHT 22000 76TH AVE W 111.000.68.542.64.47.00 200663953 ANWAY PARK 131 SUNSET AVE / M ANWAY PARK 131 SUNSET AVE / M 001.000.64.576.80.47.00 200913853 DECORATIVE LIGHTING 115 2ND A) DECORATIVE LIGHTING 115 2ND A) 111.000.68.542.63.47.00 201054327 BRACKETT'S LANDING NORTH 50 I BRACKETT'S LANDING NORTH 501 001.000.64.576.80.47.00 201265980 LIFT STATION #12 16121 75TH PL � LIFT STATION #12 16121 75TH PL � 423.000.75.535.80.47.10 201374964 LIFT STATION #11 6811 1/2 157TH P LIFT STATION #11 6811 1/2 157TH P 423.000.75.535.80.47.10 201501277 LIFT STATION #14 7905 1/2 211 TH F LIFT STATION #14 7905 1/2 211 TH F 423.000.75.535.80.47.10 201532926 LIFT STATION #7 121 W DAYTON S- LIFT STATION #7 121 W DAYTON S- 423.000.75.535.80.47.10 201557303 CEMETERY BUILDING CEMETERY BUILDING 130.000.64.536.50.47.00 201563434 TRAFFIC LIGHT 660 EDMONDS WA TRAFFIC LIGHT 660 EDMONDS WA 111.000.68.542.64.47.00 6.2.b Page: 27 W L 3 c �a Amoun N 0 a m 66.9� u 1,378.2, m v 38.6- m c a� 99.41 �a 0 18.8� `>, M a E 43.6� 'i 0 160.5' 0 L Q a 24.0� Q rn 19.0E c _o 160.8� . �a U 61.6z y E z U 29.7, Q Page: 27 Packet Pg. 72 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239086 10/10/2019 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 201594488 LIFT STATION #15 7710 168TH PL S LIFT STATION #15 7710 168TH PL S 423.000.75.535.80.47.10 201656907 DECORATIVE LIGHTING 413 MAIN! DECORATIVE LIGHTING 413 MAIN! 111.000.68.542.63.47.00 201703758 PEDEST CAUTION LIGHT 23190 10( PEDEST CAUTION LIGHT 23190 10( 111.000.68.542.64.47.00 201711785 STREET LIGHTING (183 LIGHTS @ STREET LIGHTING (183 LIGHTS @a 111.000.68.542.63.47.00 201762101 415 5TH AVE S 415 5TH AVE S 001.000.64.576.80.47.00 202139655 BRACKETT'S LANDING SOUTH 100 BRACKETT'S LANDING SOUTH 100 001.000.64.576.80.47.00 202161535 CEMETERY WELL PUMP CEMETERY WELL PUMP 130.000.64.536.50.47.00 202356739 TRAFFIC LIGHT 21530 76TH AVE W TRAFFIC LIGHT 21530 76TH AVE W 111.000.68.542.64.47.00 202421582 LOG CABIN & DECORATIVE LIGHTI LOG CABIN & DECORATIVE LIGHTI 001.000.66.518.30.47.00 202499539 LIFT STATION #1 105 GASPERS ST LIFT STATION #1 105 GASPERS ST 423.000.75.535.80.47.10 202529186 STREET LIGHTING (303 LIGHTS @a STREET LIGHTING (303 LIGHTS @a 111.000.68.542.63.47.00 202529202 STREET LIGHTING (13 LIGHTS C 4 STREET LIGHTING (13 LIGHTS @ 4 6.2.b Page: 28 a� L 3 c �a Amoun N 0 a m U m 21.0" N 146.7E 30.71 c d M 8.6-, 0 L 24.2E a E 31.5, u 4- 0 �a 129.8E o a a Q 32.3E 0 61.61 E 433.1 < u c aD 3,935.5< E U �a Q Page: 28 Packet Pg. 73 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239086 10/10/2019 037375 SNO CO PUD NO 1 Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 111.000.68.542.63.47.00 202579488 STREET LIGHTING (58 LIGHTS @ 2 STREET LIGHTING (58 LIGHTS @ 2 111.000.68.542.63.47.00 202579520 WWTP: 9/1-9/30/19 ENERGY MGMT 9/1-9/30/19 ENERGYMANAGEMEI` 423.000.76.535.80.47.61 204292213 CHARGE STATION #1 552 MAIN ST CHARGE STATION #1 552 MAIN ST 111.000.68.542.64.47.00 204467435 HAZEL MILLER PLAZA HAZEL MILLER PLAZA 001.000.64.576.80.47.00 204714893 STREET LIGHTING (1 LIGHT @ 150' STREET LIGHTING (1 LIGHT @ 150' 111.000.68.542.63.47.00 204714927 STREET LIGHTING (18 LIGHTS @ 2 STREET LIGHTING (18 LIGHTS @ 2 111.000.68.542.63.47.00 204714935 STREET LIGHTING (5 LIGHTS @ 40 STREET LIGHTING (5 LIGHTS @ 40 111.000.68.542.63.47.00 204714943 STREET LIGHTING (2 LIGHTS @ 10 STREET LIGHTING (2 LIGHTS @ 10 111.000.68.542.63.47.00 204714950 STREET LIGHTING (26 LIGHTS @ 2 STREET LIGHTING (26 LIGHTS @ 2 111.000.68.542.63.47.00 205307580 DECORATIVE & STREET LIGHTING DECORATIVE & STREET LIGHTING 111.000.68.542.64.47.00 220792758 TRAFFIC LIGHT 22730 HWY 99 - ME TRAFFIC LIGHT 22730 HWY 99 - ME 111.000.68.542.64.47.00 221593742 TRAFFIC LIGHT 21132 76TH AVE W 6.2.b Page: 29 aD L 3 c �a Amoun y 0 a aD 110.5E 'D r U d 378.& N m 9.4E U m c 90.41 M' c �a 21.4E p 0 �a a 5.1, 120.0' 0 0 L 60.0( a Q rn 15.2E 0 0 95.5( 157.4, c a� E 164.7( U Q Page: 29 Packet Pg. 74 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 239086 10/10/2019 037375 SNO CO PUD NO 1 (Continued) 239087 10/10/2019 038300 SOUND DISPOSAL CO 103583 103584 103585 103586 103587 103588 239088 10/10/2019 077080 SULLIVAN, MATTHEW JAMES WOTS CONTRACT WOTS CONTRACT 239089 10/10/2019 068360 SUMMIT LAW GROUP 107301 PO # Description/Account TRAFFIC LIGHT 21132 76TH AVE W 111.000.68.542.64.47.00 Total CIVIC CENTER 250 5TH AVE N CIVIC CENTER 250 5TH AVE N 001.000.66.518.30.47.00 WWTP: RECYCLING Recycling + taxes 423.000.76.535.80.47.66 FRANCES ANDERSON CENTER 70( FRANCES ANDERSON CENTER 70( 001.000.66.518.30.47.00 SNO-ISLE LIBRARY 650 MAIN ST SNO-ISLE LIBRARY 650 MAIN ST 001.000.66.518.30.47.00 PARKS MAINT GARBAGE AND REC PARKS MAINT GARBAGE AND REC 001.000.64.576.80.47.00 CITY HALL 121 5TH AVE N CITY HALL 121 5TH AVE N 001.000.66.518.30.47.00 Total WOTS MANUSCRIPT CRITIQUES Al WOTS MANUSCRIPT CRITIQUES Al 117.100.64.573.20.41.00 WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total INV 107301 CLIENT 20119-19 MCB GRIEVANCE ARBITRATION - PD 001.000.41.521.10.41.00 6.2.b Page: 30 a� L 3 c �a Amoun N 0 a m 79.5- u 8,370.0Eia N m 689.5 r m c 38.7,' c �a 724.4, o �a a 627.0, U 1,123.8( o Ta 0 L 459.8� a 3,663.4° Q rn 0 256.0( c E 195.0( n 451.0( U c aD E t 3,360.0( M Q Page: 30 Packet Pg. 75 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds 6.2.b Page: 31 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 239089 10/10/2019 068360 068360 SUMMIT LAW GROUP (Continued) Total : 3,360.0( 239090 10/10/2019 040917 TACOMA SCREW PRODUCTS INC 18256045 PARK MAINT - SUPPLIES PARK MAINT - SUPPLIES 001.000.64.576.80.31.00 244.2E 10.4% Sales Tax 001.000.64.576.80.31.00 25.4- Total : 269.65 239091 10/10/2019 075587 THE UPS STORE #6392 0005 WWTP: 9/10 & 9/11/19 SHIP CHGS 9/10 Ship Chg: $150.20 + 9/11/19 Shi 423.000.76.535.80.42.00 172.81 Tota I : 172.8' 239092 10/10/2019 073749 THE WATERSHED COMPANY 2019-1280 TREE BOARD CONSULTANTS Tree Board Consultants 001.000.62.524.10.41.00 167.8( Tota I : 167.8( 239093 10/10/2019 072469 THOMAS, KIM WOTS CONTRACT WOTS OPERATIONS ASSISTANCE WOTS OPERATIONS ASSISTANCE 117.100.64.573.20.41.00 210.0( Total : 210.0( 239094 10/10/2019 076613 THOMCO CONSTRUCTION INC E6DA.Pmt 6 E6DA.PMT 6 THRU 9/30/19 E6DA.Pmt 6 thru 9/30/19 126.000.68.595.61.65.00 898.9E E6DA.Pmt 6 thru 9/30/19 422.000.72.594.31.65.20 572.3< Total : 1,471.25 239095 10/10/2019 038315 THYSSENKRUPP ELEVATOR US53022 ELEVATOR MAINTENANCE MUSEUI ELEVATOR MAINTENANCE MUSEUI 001.000.66.518.30.48.00 394.4� 10.4% Sales Tax 001.000.66.518.30.48.00 41.0< US53323 ELEVATOR MAINTENANCE CITY HP Page: 31 Packet Pg. 76 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239095 10/10/2019 038315 THYSSENKRUPP ELEVATOR 239096 10/10/2019 074123 TRAHAN, ROBERTA NEL 239097 10/10/2019 077129 TREIGER, KAREN I Voucher List City of Edmonds Invoice (Continued) WOTS CONTRACT WOTS CONTRACT 239098 10/10/2019 077070 UNITED RECYCLING & CONTAINER 85321 239099 10/10/2019 044960 UTILITIES UNDERGROUND LOC CTR 9090153 239100 10/10/2019 077235 VOGEL, DIANNE C WOTS CONTEST PO # Description/Account ELEVATOR MAINTENANCE CITY HP 001.000.66.518.30.48.00 10.4% Sales Tax 001.000.66.518.30.48.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total STORM & PARKS MAINT DUMP FEE PARKS MAINTENANCE - DUMP FEE 001.000.64.576.80.47.00 STORM - DUMP FEES 422.000.72.531.10.49.00 Total UTILITIES UNDERGROUND LOCATI UTILITIES UNDERGROUND LOCATI 421.000.74.534.80.41.00 UTILITIES UNDERGROUND LOCATI 422.000.72.531.90.41.00 UTILITIES UNDERGROUND LOCATI 423.000.75.535.80.41.00 Total WOTS WRITING CONTEST AWARD WOTS WRITING CONTEST AWARD 117.100.64.573.20.41.00 6.2.b Page: 32 aD L 3 c �a Amoun y 0 a m 1,416.9£ u 13 147.3 , 1,999.8, m z v 155.0( 155.0( c �a 155.0( 155.0( a E U 615.0( c Ta 315.0( c 930.0( a a Q rn 113.6E c 113.6( E 344A4 c a� E t 100.0( UM Q Page: 32 Packet Pg. 77 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 239100 10/10/2019 077235 077235 VOGEL, DIANNE C 239101 10/10/2019 065035 WASHINGTON STATE PATROL 239102 10/10/2019 075635 WCP SOLUTIONS 239103 10/10/2019 073552 WELCO SALES LLC Voucher List City of Edmonds Invoice PO # Description/Account (Continued) Total 120002148 INV 120002148 - EDMONDS PD 16 BACKGROUND CHECKS 001.000.237.100 Total 11407761 PARK MAINT: SUPPLIES PARK MAINT: SUPPLIES 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 11414290 PARK MAINT: SUPPLIES PARK MAINT: SUPPLIES 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 11418744 PARK MAINT: SUPPLIES PARK MAINT: SUPPLIES 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 11418745 PARK MAINT: SUPPLIES PARK MAINT: SUPPLIES 001.000.64.576.80.31.00 10.4% Sales Tax 001.000.64.576.80.31.00 Total 7696 BUSINESS CARDS - HR, PW, FAC N HR - JESSICA NEILL & CRAIG COTI 001.000.22.518.10.31.00 FAC MAINT - STEVE MILLER 001.000.66.518.30.31.00 STORMWATER - MIKE JOHNSON 422.000.72.531.90.31.00 6.2.b Page: 33 aD L 3 c �a Amoun N 0 100.0( as U d L_ 212.0( T3 212.0( m 245.2E m c d 25.5' -a c �a 56.5' �a a 5.8£ U 126.8z c 1i 13.1� c L a a Q rn 70.5E c 1,222.2z c E M 69.1 , c 34.5E E t U 34.5E Q Page: 33 Packet Pg. 78 vchlist 10/10/2019 12:24:41 PM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 239103 10/10/2019 073552 W ELCO SALES LLC (Continued) 239104 10/10/2019 072627 WEST SAFETY SERVICES INC 7010843 239105 10/10/2019 075743 WHISTLE WORKWEAR OF SHORELINE SHO3653 239106 10/10/2019 077127 WONG, SHAWN H 129 Vouchers for bank code : usbank WOTS CONTRACT PO # Description/Account SEWER - TIM HARRIS 423.000.75.535.80.31.00 PUBLIC WORKS - CHELSEA MERRI 001.000.65.518.20.31.00 10.4% Sales Tax 001.000.22.518.10.31.00 10.4% Sales Tax 001.000.66.518.30.31.00 10.4% Sales Tax 422.000.72.531.90.31.00 10.4% Sales Tax 423.000.75.535.80.31.00 10.4% Sales Tax 001.000.65.518.20.31.00 Total MONTHLY 911 DATABASE MAINT Monthly 911 database maint 512.000.31.518.88.48.00 Total PM: WORK WEAR - KAMACHO PM: WORK WEAR - KAMACHO 001.000.64.576.80.31.00 10.2% Sales Tax 001.000.64.576.80.31.00 Total WOTS PRESENTATION SERVICES WOTS PRESENTATION SERVICES 117.100.64.573.20.41.00 Total Bank total ; 6.2.b Page: 34 aD L 3 c �a Amoun N 0 a m 19.5E u L 54.1 , N 7.1E v 3.5E 4- m c 3.5E m c 2.0' f° 0 L 5.6z 233.9E E U 45 200.0( 0 200.0( 0 L a a Q 182.7; .r rn 18.6z o 201.31 o E M 100.0( U 100.0( c aD 201,843Z t U �a Q Page: 34 Packet Pg. 79 vchlist 10/10/2019 12:24:41 PM Bank code : usbank Voucher Date Vendor 129 Vouchers in this report Voucher List City of Edmonds 6.2.b Page: 35 Invoice PO # Description/Account Amoun Total vouchers : 201,843M rn 0 0 E 2 U c a� E t U �a Q Page: 35 Packet Pg. 80 6.2.c PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project vi Funding Project Title Number Number STM 12th Ave & Sierra Stormwater System Improvements c484 ESFE E STM 174th St. & 71st Ave Storm Improvements c521 EBFB Q. STM 183rd PI SW Storm Repairs c491 E6FE 3 SWR 2016 Sanitary Sewer Replacement Projects c469 ESGA SWR 2017 Sanitary Sewer Replacement Project i013 E6GA c tv WTR 2017 Waterline Replacement Projects i014 E6JB r U) STM 2018 Lorian Woods Study s018 EBFA m STIR 2018 Minor Sidewalk Project i032 EBDA STIR 2018 Overlay Program i030 EBCB = SWR 2018 Sewerline Overlays i035 EBCElid ui SWR 2018 Sewerline Replacement Project c492 E6GC v O STIR 2018 Traffic Calming i027 EBAA t r WTR 2018 Waterline Overlays i034 EBCD m c WTR 2018 Waterline Replacement Project c493 E6JC m STIR 2019 Downtown Parking Study s021 E9AC STIR 2019 Guardrail Install i039 E9AB tv O STIR 2019 Overlay Program i036 E9CA STIR 2019 Pedestrian Safety Program i041 E9DB Q- SWR 2019 Sewerline Replacement Project c516 EBGA STM 2019 Storm Maintenance Project c525 EBFC O WTR 2019 Swedish Waterline Replacement c523 EBJA M STIR 2019 Traffic Calming i038 E9AA O L STIR 2019 Traffic Signal Upgrades i045 E9AD Q- UTILITIES 2019 Utility Rate & GFC Update s020 EBJB Q WTR 2019 Waterline Overlay i043 E9CB o WTR 2019 Waterline Replacement c498 E7JA 0 r 0 STIR 2020 Overlay Program i042 EOCA N STIR 220th Adaptive i028 EBAB m STM 224th & 98th Drainage Improvements c486 E6FB E O STIR 228th St. SW Corridor Improvements i005 E7AC ? O STIR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD a STIR 238th St. Island & Misc. Ramps i037 EBDC d rn STIR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA r m STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA STIR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA Li STIR 84th Ave W Overlay from 220th to 212th i031 EBCC c m STIR 89th PI W Retaining Wall i025 E7CD E STIR ADA Curb Ramps i033 EBDB STIR ADA Transition Plan s016 E6DB r r Q STIR Admiral Way Pedestrian Crossing i040 E9DA STIR Audible Pedestrian Signals i024 E7AB Revised 10/10/2019 Packet Pg. 81 6.2.c PROJECT NUMBERS (By Project Title) Proiect Engineering Accounting Proiect Funding Proiect Title Number Number STM Ballinger Regional Facility Pre -Design s022 E9FA STR Bikelink Project c474 E5DA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Citywide CIPP Sewer Rehab Phase 11 c488 E6GB STR Citywide Pedestrian Crossing Enhancements i026 E7DC STR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5JB STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB STM Edmonds Marsh Feasibility Study c380 E2FC STR Edmonds Street Waterfront Connector c478 E5DB WTR Five Corners Reservoir Re -coating c473 E51KA PM Fourth Avenue Cultural Corridor c282 E8MA PRK Frances Anderson Center Bandshell Replacement c477 E6MB STR Hwy 99 Enhancements (Phase 111) c405 E2AD STR Hwy 99 Gateway Revitalization s014 E6AA STM Lake Ballinger Associated Projects c436 E4FD SWR Lake Ballinger Trunk Sewer Study s011 E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC STR Minor Sidewalk Program i017 E6DD STM Northstream Culvert Repair Under Puget Drive i011 E6FA STM Northstream Pipe Abandonment on Puget Drive c410 E3FE STM NPDES (Students Saving Salmon) m013 E7FG STM OVD Slope Repair & Stabilization m105 E7FA FAC PW Concrete Regrade & Drainage South c540 E9MA STM Seaview Park Infiltration Facility c479 E5FD WWTP Sewer Outfall Groundwater Monitoring c446 E4HA UTILITIES Standard Details Updates solo E5NA STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB STM Stormwater Comp Plan Update s017 E6FD STR Sunset Walkway Improvements c354 E1 DA STR Trackside Warning System c470 E5AA UTILITIES Utility Rate Update s013 E6JA PRK Veteran's Plaza c480 E6MA STR Walnut St. Walkway (6th-7th) i044 E9DC PRK Waterfront Development & Restoration (Construction) c544 E7MA PRK Waterfront Development & Restoration (Design) c496 E7MA PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 10/10/2019 Packet Pg. 82 PROJECT NUMBERS (By Engineering Number) 6.2.c Engineering Protect Protect Accounting Funding Number Number Protect Title STR EOCA i042 2020 Overlay Program c368 76th Ave W at 212th St SW Intersection Improvements STIR E1DA c354 Sunset Walkway Improvements 99 Enhancements (Phase III) STM E2FC c380 Edmonds Marsh Feasibility Study E3DB 238th St. SW Walkway (100th Ave to 104th Ave) STIR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) Northstream Pipe Abandonment on Puget Drive STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration Make Ballinger Associated Projects STM E41FE c455 Dayton Street Stormwater Pump Station E4GB Citywide CIPP Sewer Rehab Phase SWR E4GC c461 Lift Station #1 Basin & Flow Study Sewer Outfall Groundwater Monitoring FAC E4MB c443 Edmonds Fishing Pier Rehab rackside Warning System STIR ESDA c474 Bikelink Project treet Waterfront Connector STM ESFD c479 Seaview Park Infiltration Facility 2016 Sanitary Sewer Replacement Projects SWR ESGB s011 Lake Ballinger Trunk Sewer Study 12th Ave & Sierra Stormwater System Improvements WWTP ESHA c481 WWTP Outfall Pipe Modifications Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR ESKA c473 Five Corners Reservoir Re -coating UTILITIES s010 Standard Details Updat STIR E6AA s014 Hwy 99 Gateway Revitalization Citywide Protected missive Traffic Signal Conversion STIR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) ADA Transition Plan STIR E6DD i017 Minor Sidewalk Program Northstream Culvert Repair Under Puget Drive STM E6FB c486 224th & 98th Drainage Improvements s017 Stormwater Comp Plan Update STM E61FE c491 183rd PI SW Storm Repairs 2017 Sanitary Sewer Replacement Project SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II SWR E6GC 2018 Sewerline Replacement Project UTILITIES E6JA s013 Utility Rate Update 2017 Waterline Replacement Projects WTR E6JC c493 2018 Waterline Replacement Project PRK Veteran's Plaz ■ a Revised 10/10/2019 Packet Pg. 83 PROJECT NUMBERS (By Engineering Number) 6.2.c Engineering Protect Protect Accounting Funding Number Number Project Title PRK E6MB c477 Frances Anderson Center Bandshell Replacement edestrian Signals STIR E7AC i005 228th St. SW Corridor Improvements E7CD 89th Prff Retaining Wa STIR E7DC i026 Citywide Pedestrian Crossing Enhancements OVD Slope pair & Stabilization STM E71`13 c495 Storm Drain Improvements @ 9510 232nd St. SW E7FG NPDES (Studerlff Saving Salmo WTR E7JA c498 2019 Waterline Replacement E7MA aterfront Development & Restoration (Construction) PRK E7MA c496 Waterfront Development & Restoration (Design) Waterfront wvelopmenIffRestoration (Pre - Design) STR E8AA i027 2018 Traffic Calming STIR E8CA i029 76th Ave W & 220th St. SW Intersection Improvements 2018 Overlay Program STIR E8CC i031 84th Ave W Overlay from 220th to 212th E8CD 2018 Waterline Overlays SWR E8CE i035 2018 Sewerline Overlays 18 Minor Sidewalk Project STIR E8D13 i033 ADA Curb Ramps 238th St. Island & Misc. Ramps STM E8FA s018 2018 Lorian Woods Study c521 4th St. & 71 st Ave Storm Improvements STM E8FC c525 2019 Storm Maintenance Prc c516 2019 Sewerline Replacement Project WTR E8JA c523 2019 Swedish Waterline Replacemer 2019 Utility Rate & GFC PM E8MA c282 Fourth Avenue Cultural Corridor 2019 Traffic Calming STIR E9AB i039 2019 Guardrail Install E9AC s021 2019 Downtown Parking Study STIR E9AD i045 2019 Traffic Signal Upgrades i036 2019 Overlay Program WTR E9CB i043 2019 Waterline Overlay Admiral Way Pedestrian Crossing STIR E9DB i041 2019 Pedestrian Safety Program E9DC Walnut St. Walkway (6th-7th) STM E9FA s022 Ballinger Regional Facility Pre -Design c540 PW Concrete Regrade & Drainage South ■ ■ J Revised 10/10/2019 Packet Pg. 84 6.2.c PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accountinq Funding Number Number Project Title PM E8MA c282 Fourth Avenue Cultural Corridor STIR E1DA c354 Sunset Walkway Improvements STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STM E2FC c380 Edmonds Marsh Feasibility Study STIR E2AD c405 Hwy 99 Enhancements (Phase III) STM E31FE c410 Northstream Pipe Abandonment on Puget Drive STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STIR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STM E4FC c435 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 Lake Ballinger Associated Projects FAC E4MB c443 Edmonds Fishing Pier Rehab WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STM E41FE c455 Dayton Street Stormwater Pump Station SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study SWR E5GA c469 2016 Sanitary Sewer Replacement Projects STIR E5AA c470 Trackside Warning System WTR E5KA c473 Five Corners Reservoir Re -coating STIR E5DA c474 Bikelink Project PRK E6MB c477 Frances Anderson Center Bandshell Replacement STIR E5DB c478 Edmonds Street Waterfront Connector STM E5FD c479 Seaview Park Infiltration Facility PRK E6MA c480 Veteran's Plaza WWTP E5HA c481 WWTP Outfall Pipe Modifications WTR E5J13 c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) STM E51FE c484 12th Ave & Sierra Stormwater System Improvements STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STM E6FB c486 224th & 98th Drainage Improvements SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II STM E61FE c491 183rd PI SW Storm Repairs SWR E6GC c492 2018 Sewerline Replacement Project WTR E6JC c493 2018 Waterline Replacement Project STM E7FB c495 Storm Drain Improvements @ 9510 232nd St. SW PRK E7MA c496 Waterfront Development & Restoration (Design) WTR E7JA c498 2019 Waterline Replacement SWR E8GA c516 2019 Sewerline Replacement Project STM E8FB c521 174th St. & 71 st Ave Storm Improvements WTR E8JA c523 2019 Swedish Waterline Replacement STM E8FC c525 2019 Storm Maintenance Project FAC E9MA c540 PW Concrete Regrade & Drainage South PRK E7MA c544 Waterfront Development & Restoration (Construction) STIR E7AC i005 228th St. SW Corridor Improvements Revised 10/10/2019 Packet Pg. 85 6.2.c PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accountinq Funding Number Number Project Title STM E61FA i011 Northstream Culvert Repair Under Puget Drive SWR E6GA i013 2017 Sanitary Sewer Replacement Project WTR E6JB i014 2017 Waterline Replacement Projects STIR E6AB i015 Citywide Protected/Permissive Traffic Signal Conversion STIR E6DD i017 Minor Sidewalk Program STIR E7AB i024 Audible Pedestrian Signals STIR E7CD i025 89th PI W Retaining Wall STIR E7DC i026 Citywide Pedestrian Crossing Enhancements STIR EBAA i027 2018 Traffic Calming STIR EBAB i028 220th Adaptive STIR EBCA i029 76th Ave W & 220th St. SW Intersection Improvements STIR EBCB i030 2018 Overlay Program STIR EBCC i031 84th Ave W Overlay from 220th to 212th STIR EBDA i032 2018 Minor Sidewalk Project STIR EBDB i033 ADA Curb Ramps WTR EBCD i034 2018 Waterline Overlays SWR EBCE i035 2018 Sewerline Overlays STIR E9CA i036 2019 Overlay Program STIR EBDC i037 238th St. Island & Misc. Ramps STIR E9AA i038 2019 Traffic Calming STIR E9AB i039 2019 Guardrail Install STIR E9DA i040 Admiral Way Pedestrian Crossing STIR E9DB i041 2019 Pedestrian Safety Program STIR EOCA i042 2020 Overlay Program WTR E9CB i043 2019 Waterline Overlay STIR E9DC i044 Walnut St. Walkway (6th-7th) STIR E9AD i045 2019 Traffic Signal Upgrades STM E7FG m013 NPDES (Students Saving Salmon) PRK E7MA m103 Waterfront Development & Restoration (Pre - Design) STM E71FA m105 OVD Slope Repair & Stabilization UTILITIES ESNA solo Standard Details Updates SWR ESGB s0l l Lake Ballinger Trunk Sewer Study UTILITIES E6JA s013 Utility Rate Update STIR E6AA s014 Hwy 99 Gateway Revitalization STIR E6DB s016 ADA Transition Plan STM E6FD s017 Stormwater Comp Plan Update STM EBFA s018 2018 Lorian Woods Study UTILITIES EBJB s020 2019 Utility Rate & GFC Update STIR E9AC s021 2019 Downtown Parking Study STM E91FA s022 Ballinger Regional Facility Pre -Design Revised 10/10/2019 Packet Pg. 86 6.2.c PROJECT NUMBERS (By Funding) Project Engineering Accounting Project vi Funding Project Title Number Number N FAC Edmonds Fishing Pier Rehab c443 E4MB E FAC PW Concrete Regrade & Drainage South c540 E9MA PM Fourth Avenue Cultural Corridor c282 EBMA PRK Frances Anderson Center Bandshell Replacement c477 E6MB PRK Veteran's Plaza c480 E6MA PRK Waterfront Development & Restoration (Construction) c544 E7MA r o PRK Waterfront Development & Restoration (Design) c496 E7MA m PRK Waterfront Development & Restoration (Pre - Design) m103 E7MA v STM 12th Ave & Sierra Stormwater System Improvements c484 ESFE 4) is STM 174th St. & 71st Ave Storm Improvements c521 EBFB ui lid STM 183rd PI SW Storm Repairs c491 E61FE U STM 2018 Lorian Woods Study s018 EBFA v STM 2019 Storm Maintenance Project c525 EBFC r m c STM 224th & 98th Drainage Improvements c486 E6FB STM Ballinger Regional Facility Pre -Design s022 E91FA STM Dayton Street Stormwater Pump Station c455 E4FE STM Edmonds Marsh Feasibility Study c380 E2FC O STM Lake Ballinger Associated Projects c436 E4FD Q. STM Northstream Culvert Repair Under Puget Drive i011 E61FA STM Northstream Pipe Abandonment on Puget Drive c410 E31FE v STM NPDES (Students Saving Salmon) m013 E7FG O STM OVD Slope Repair & Stabilization m105 E71FA > O L STM Seaview Park Infiltration Facility c479 ESFD Q STM Storm Drain Improvements @ 9510 232nd St. SW c495 E7FB Q STM Stormwater Comp Plan Update s017 E6FD STM Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC 0 STIR 2018 Minor Sidewalk Project i032 EBDA N STIR 2018 Overlay Program i030 EBCB m STIR 2018 Traffic Calming i027 EBAA E 7 STIR 2019 Downtown Parking Study s021 E9AC Z O STIR 2019 Guardrail Install i039 E9AB a STIR 2019 Overlay Program i036 E9CA y STIR 2019 Pedestrian Safety Program i041 E9DB STIR 2019 Traffic Calming i038 E9AA r m STIR 2019 Traffic Signal Upgrades i045 E9AD m STIR 2020 Overlay Program i042 EOCA Li STIR 228th St. SW Corridor Improvements i005 E7AC c N STIR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD E STIR 238th St. Island & Misc. Ramps i037 EBDC STIR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB r r Q STIR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STIR 76th Ave W & 220th St. SW Intersection Improvements i029 EBCA Revised 10/10/2019 Packet Pg. 87 6.2.c PROJECT NUMBERS (By Funding) Project Engineering Accounting Project Funding Project Title Number Number STIR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STIR 84th Ave W Overlay from 220th to 212th i031 E8CC STIR 89th PI W Retaining Wall i025 E7CD STIR ADA Curb Ramps i033 E8DB STIR ADA Transition Plan s016 E6DB STIR Admiral Way Pedestrian Crossing i040 E9DA STIR Audible Pedestrian Signals i024 E7AB STIR Bikelink Project c474 E5DA STIR Citywide Pedestrian Crossing Enhancements i026 E7DC STIR Citywide Protected/Permissive Traffic Signal Conversion i015 E6AB STIR Edmonds Street Waterfront Connector c478 E5DB STIR Hwy 99 Enhancements (Phase III) c405 E2AD STIR Hwy 99 Gateway Revitalization s014 E6AA STIR Minor Sidewalk Program i017 E6DD STIR Sunset Walkway Improvements c354 E1 DA STIR Trackside Warning System c470 E5AA STIR Walnut St. Walkway (6th-7th) i044 E9DC STIR 220th Adaptive i028 E8AB SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA SWR 2017 Sanitary Sewer Replacement Project i013 E6GA SWR 2018 Sewerline Overlays i035 E8CE SWR 2018 Sewerline Replacement Project c492 E6GC SWR 2019 Sewerline Replacement Project c516 E8GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Citywide Cl PP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study s011 E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC UTILITIES 2019 Utility Rate & GFC Update s020 E8,113 UTILITIES Standard Details Updates solo E5NA UTILITIES Utility Rate Update s013 E6JA WTR 2017 Waterline Replacement Projects i014 E6J13 WTR 2018 Waterline Overlays i034 E8CD WTR 2018 Waterline Replacement Project c493 E6JC WTR 2019 Swedish Waterline Replacement c523 E8JA WTR 2019 Waterline Overlay i043 E9CB WTR 2019 Waterline Replacement c498 E7JA WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5J13 WTR Five Corners Reservoir Re -coating c473 E5KA WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 10/10/2019 Packet Pg. 88 6.2.d Payroll Earnings Summary Report City of Edmonds Pay Period: 930 (09/16/2019 to 09/30/2019) c Hour Type Hour Class Description Hours Amount -ed2 REGULAR HOURS Educational Pav Correction 0.00 -156.28 111 ABSENT NO PAY LEAVE 8.00 0.00 121 SICK SICK LEAVE 668.50 25,959.93 122 VACATION VACATION 981.25 38,742.71 123 HOLIDAY HOLIDAY HOURS 77.00 2,818.39 124 HOLIDAY FLOATER HOLIDAY 18.00 580.50 125 COMP HOURS COMPENSATORY TIME 324.00 12,229.05 129 SICK Police Sick Leave L & 1 4.00 182.79 131 MILITARY MILITARY LEAVE 40.00 1,320.80 132 JURY DUTY JURY DUTY 12.00 441.06 135 SICK WASHINGTON STATE SICK LEY 3.50 86.48 141 BEREAVEMENT BEREAVEMENT 43.00 1,747.31 150 REGULAR HOURS Kellv Dav Used 96.00 3,686.01 155 COMP HOURS COMPTIME AUTO PAY 99.76 4,329.69 160 VACATION MANAGEMENT LEAVE 1.50 86.69 170 REGULAR HOURS COUNCIL BASE PAY 700.00 8,750.00 174 REGULAR HOURS COUNCIL PRESIDENTS PAY 0.00 200.00 175 REGULAR HOURS COUNCIL PAY FOR NO MEDICP 0.00 3,521.58 190 REGULAR HOURS REGULAR HOURS 17,825.20 690,893.82 191 REGULAR HOURS FIRE PENSION PAYMENTS 4.00 5,202.46 196 REGULAR HOURS LIGHT DUTY 48.00 2,193.55 205 OVERTIME HOURS OVERTIME .5 3.00 52.93 210 OVERTIME HOURS OVERTIME -STRAIGHT 6.00 213.20 215 OVERTIME HOURS WATER WATCH STANDBY 48.00 2,560.60 216 MISCELLANEOUS STANDBY TREATMENT PLANT 9.00 840.30 220 OVERTIME HOURS OVERTIME 1.5 179.75 12,369.81 225 OVERTIME HOURS OVERTIME -DOUBLE 9.00 634.67 410 MISCELLANEOUS WORKING OUT OF CLASS 0.00 95.12 411 SHIFT DIFFERENTIAL SHIFT DIFFERENTIAL 0.00 1,415.96 600 RETROACTIVE PAY RETROACTIVE PAY 0.00 2,439.07 601 COMP HOURS ACCRUED COMP .5 5.00 0.00 602 COMP HOURS ACCRUED COMP 1.0 93.75 0.00 604 COMP HOURS ACCRUED COMP TIME 1.5 133.50 0.00 10/10/2019 Packet Pg. 89 6.2.d Payroll Earnings Summary Report City of Edmonds Pay Period: 930 (09/16/2019 to 09/30/2019) c Hour Type Hour Class Description Hours Amount 606 COMP HOURS ACCRUED COMP 2.0 7.25 0.00 901 SICK ACCRUED SICK LEAVE 13.47 0.00 acc MISCELLANEOUS ACCREDITATION PAY 0.00 78.66 acp MISCELLANEOUS Accreditation 1 % Part Time 0.00 9.67 acs MISCELLANEOUS ACCRED/POLICE SUPPORT 0.00 172.80 boc MISCELLANEOUS BOC II Certification 0.00 91.74 colre MISCELLANEOUS Collision Reconstruction ist 0.00 37.07 cpl MISCELLANEOUS TRAINING CORPORAL 0.00 160.86 crt MISCELLANEOUS CERTIFICATION III PAY 0.00 564.90 ctr MISCELLANEOUS CTR INCENTIVES PROGRAM 0.00 1.00 det MISCELLANEOUS DETECTIVE PAY 0.00 111.20 det4 MISCELLANEOUS Detective 4% 0.00 914.78 ed1 EDUCATION PAY EDUCATION PAY 2% 0.00 575.65 ed2 EDUCATION PAY EDUCATION PAY 4% 0.00 837.62 ed3 EDUCATION PAY EDUCATION PAY 6% 0.00 4,846.89 fmis SICK FAMILY MEDICAL/SICK 110.00 5,096.44 hol HOLIDAY HOLIDAY 17.00 450.44 k9 MISCELLANEOUS K-9 PAY 0.00 217.06 Ig1 LONGEVITY LONGEVITY PAY 2% 0.00 833.85 Ig10 LONGEVITY LONGEVITY 5.5% 0.00 148.17 Ig11 LONGEVITY LONGEVITY PAY 2.5% 0.00 890.86 Ig12 LONGEVITY Lonqevitv 9% 0.00 5,417.68 Ig13 LONGEVITY Lonqevitv 7% 0.00 1,703.22 Ig14 LONGEVITY Lonqevitv 5% 0.00 942.40 Ig15 LONGEVITY LONGEVITY 7.5% 0.00 381.68 Iq4 LONGEVITY Lonqevitv 1 % 0.00 373.60 Ig5 LONGEVITY Lonqevitv 3% 0.00 444.80 Iq6 LONGEVITY Lonqevitv .5% 0.00 272.75 Iq7 LONGEVITY Lonqevitv 1.5% 0.00 468.85 Iq9 LONGEVITY Lonqevitv 3.5% 0.00 104.93 mtc MISCELLANEOUS MOTORCYCLE PAY 0.00 111.20 nds MISCELLANEOUS Public Disclosure Specialist 0.00 101.78 phv MISCELLANEOUS PHYSICAL FITNESS PAY 0.00 2,033.08 10/10/2019 Packet Pg. 90 6.2.d Hour Type Hour Class prof MISCELLANEOUS sdp MISCELLANEOUS sqt MISCELLANEOUS sro MISCELLANEOUS str MISCELLANEOUS traf MISCELLANEOUS Payroll Earnings Summary Report City of Edmonds Pay Period: 930 (09/16/2019 to 09/30/2019) Description Hours Amount PROFESSIONAL STANDARDS ; 0.00 173.48 SPECIAL DUTY PAY 0.00 287.66 ADMINISTRATIVE SERGEANT 0.00 173.48 School Resource Officer 0.00 111.20 STREET CRIMES 0.00 462.88 TRAFFIC 0.00 111.20 21,588.43 $853,153.73 Total Net Pay: $581,259.35 c r 0 a a� vi a� a� c a� c 0 0 a E 0 0 L Q Q a O 0 E E z 0 L Q I_ U f4 a 10/10/2019 Packet Pg. 91 6.2.e Benefit Checks Summary Report City of Edmonds Pay Period: 930 - 09/16/2019 to 09/30/2019 Bank: usbank - US Bank Check # Date Payee # Name Check Amt Direct Deposit 63935 10/04/2019 epoa EPOA-1 POLICE 69.00 0.00 63936 10/04/2019 jhan JOHN HANCOCK 619.70 0.00 63937 10/04/2019 flex NAVIA BENEFIT SOLUTIONS 1,947.35 0.00 63938 10/04/2019 icma VANTAGE TRANSFER AGENTS 304884 3,726.06 0.00 63939 10/04/2019 afscme WSCCCE, AFSCME AFL-CIO 2,354.55 0.00 8,716.66 0.00 Bank: wire - US BANK Check # Date Payee # Name Check Amt Direct Deposit 2938 10/04/2019 pens DEPT OF RETIREMENT SYSTEMS 311,577.41 0.00 2939 10/04/2019 aflac AFLAC 5,694.92 0.00 2943 10/04/2019 mebt WTRISC FBO #N3177B1 102,890.09 0.00 2944 10/04/2019 us US BANK 101,356.67 0.00 2945 10/04/2019 wadc WASHINGTON STATE TREASURER 27,458.53 0.00 2947 10/04/2019 pb NATIONWIDE RETIREMENT SOLUTION 5,629.07 0.00 2948 10/04/2019 oe OFFICE OF SUPPORT ENFORCEMENT 927.00 0.00 0.00 555,533.69 Grand Totals: 564,250.35 0.00 10/10/2019 Packet Pg. 92 6.3 City Council Agenda Item Meeting Date: 10/15/2019 Acknowledgment of Claim for Damages Staff Lead: WCIA Claims Department: City Clerk's Office Preparer: Nicholas Falk Background/History n/a Staff Recommendation Acknowledge receipt of Claims for Damages by minute entry. Narrative Susan Bland submitted a claim for damages for an undetermined amount. Attachments: CFD Susan Bland Packet Pg. 93 6.3.a CITE' OF EDMONDS CLAIM FOR DAMAGES FORM Data Claim Ferny Received by City Please take note that Z- ' r L , who currently resides at _1� Witw . w2q 11602-0 I� mailing address � t� . ��4 ' b k A _ S_f. iT�_IC2)8 '7A C-) home phone k " work phone #—_ , and who resided at e— at the ttme of the occurrence and whose date of birth isis clalming damages In "sum of $ arWng out ❑f the following circumstances listed below. DATE OF OCCURRENCE, r TIME: LOCATION OF OCCt1RRENCE: DESCRIPTION: Describe the conduct and circumstance that brought about the Injury or damaga_ Also desarlbe the Injury or demnge. (attach an extra sheet for additional inbrrnation, it needed) 2. Provide a list of witnesses, if appticable, to the occurrence Including names, addramms, and phone numbers. 3. Attach copies of all d=mentatlon relating W expenses, injuries, losses, andlorestimates for repair. 4. Have you submitted aeialm for damages to your Insurance company? Yes Na If fio, please provide the name of the insurance company: h ` and the Policy #: r �� t.- Unense Plate # Type Auto: " Zy DRIVER: Address: Phonei#: Z Passengers: Larne: Address. ro rm R ev iscd 0 SAV 14 ADDITIONAL INFORMATION REQUIRED KORAUTOMOBILE CLAIMS ONLY d !;; + l- 1 & D iVer "Corse # 6 A1, — (model) OWNER. Address: WA ti s�� Phone#;? Name: Address: Page 1 01'2 Packet Pg. 94 6.3.a `AriTE; THIS FORM MUST BE SIGNED AND NOTARIZED" " being first duly swam, depose and say thAt I ern the -claimant for the above descrlbed; that i have read the above clalm, know the contents thareaf and believe the same to be true, I further acknovW ge that any information I provide as part of this claim may ba considered a public record and may be sub; et to disclosure uar{t RR 2.56. SI'maiurnof Claimants) Slate of Was3�ing#an I certify that I know or have setisfaGory eividenoe that 54� 16rl Aire■., [' --is the person who appeared before me, and said Person ackm wiedlged that (he(she) signed this Instrument and acknowledged It to be (his/her) frea and voluntary act for the uses and purposes mootioned In the instrument. Dated: 4U17 _ ! f' ' r r Title Icy wolnirnent w plres; _ 2 0 Please present the completed claim farm to,. City Clerk's Office City of Edmonds 121 51h Avenue North Edmonds, WA, 98020 8:06 a.m. to 4:30 p.m, FarmRc iacdOAWr4 EkoZ pUa : a �. :A: :g.: Page 2 42 Packet Pg. 95 6.4 City Council Agenda Item Meeting Date: 10/15/2019 August 2019 Monthly Financial Report Staff Lead: Dave Turley Department: Administrative Services Preparer: Sarah Mager Background/History N/A Staff Recommendation No action needed; informational only. Narrative August 2019 Monthly Financial Report Attachments: August 2019 Monthly Financial Report Packet Pg. 96 I 6.4.a I OF EDP � d 1)7 C. 1 $9v CITY OF EDMONDS MONTHLY BUDGETARY FINANCIAL REPORT AUGUST 2019 Packet Pg. 97 1 I 6.4.a I Page 1 of 1 C ITY O F IDMO NDS REVENUES BY FUND - SUMMARY Fund 2019 Amended 8/31/2018 8/31/2019 Amount No. Title Budget Revenues Revenues Remaining %Receives 001 GENERAL FUND $ 45,633,544 $ 26,213,586 $ 26,334,930 $ 19,298,614 58 009 LEOFF-MEDICAL INS. RESERVE 437,980 143,442 212,500 225,480 49 011 RISK MANAGEMENT RESERVE FUND 28,210 15,836 - 28,210 0 012 CONTINGENCY RESERVE FUND 182,400 95,191 - 182,400 0 014 HISTORIC PRESERVATION GIFT FUND 5,230 2,645 2,500 2,730 48 017 MARSH RESTORATION & PRESERVATION FUND 556,800 306,850 280,187 276,613 50 'C O 018 EDMONDS HOMELESSNESS RESPONSE FUND - 250,000 - - 0 =- 019 EDMONDS OPIOID RESPONSE FUND - 250,000 - - 0 <0 104 DRUG ENFORCEMENT FUND 165,430 58,598 8,012 157,418 5 'v C 111 STREET FUND 1,859,270 1,031,832 1,166,796 692,474 63 112 COMBINED STREET CONST/IMPROVE 1 7,139,933 3,039,845 1,458,926 5,681,007 20 LL 21 117 MUNICIPAL ARTS ACQUIS. FUND 152,647 85,460 41,775 110,872 27 t 118 MEMORIAL STREET TREE 580 318 474 106 82 O 120 HOTEL/MOTEL TAX REVENUE FUND 98,264 53,658 61,889 36,375 63 2 121 EMPLOYEE PARKING PERMIT FUND 26,170 13,130 13,514 12,656 52 p N 122 YOUTH SCHOLARSHIP FUND 1,680 428 354 1,326 21 y 123 TOURISM PROMOTIONAL FUND/ARTS 31,250 23,946 20,534 10,716 66 O s� 125 REAL ESTATE EXCISE TAX 2 2 1,597,600 1,293,174 983,038 614,562 62 Q 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 2 1,604,020 1,301,150 993,350 610,670 62 O 127 GIFTSCATALOGFUND 97,800 57,176 101,042 (3,242) 103 d 130 CEMETERY MAINTENANCE/IMPROVEMT 182,560 137,690 150,816 31,744 83 W 136 PARKSTRUST FUND 4,870 2,735 3,953 917 81 ea Z 137 CEMETERY MAINTENANCE TRUST FD 44,500 29,077 38,852 5,648 87 c=C C 138 SISTER CITY COMMISSION 10,240 5,162 6,230 4,010 61 IL 140 BUSINESS IMPROVEMENT DISTRICT - 69,484 65,690 (65,690) 0 s 211 L.I.D. FUND CONTROL 12,400 - 30,668 (18,268) 247 r- O 231 2012 LT GO DEBT SERVICE FUND 716,420 59,284 53,388 663,032 7 E CD 332 PARKS CAPITAL CONSTRUCTION FUND 2,885,649 861,889 608,264 2,277,385 21 G 411 COMBINED UTILITY OPERATION - 94,096 92,592 (92,592) 0 421 WATER UTILITY FUND 3 10,473,626 5,965,019 6,439,089 4,034,537 61 N O 422 STORM UTILITY FUND 3 5,461,148 3,383,631 3,852,705 1,608,443 71 Q 423 SEWER/WWTP UTILITY FUND 4 14,386,296 7,559,156 9,157,405 5,228,891 64 424 BOND RESERVE FUND 1,995,280 640,747 625,602 1,369,678 31 d 511 EQUIPMENT RENTAL FUND 1,763,760 1,138,622 1,250,409 513,351 71 z to 512 TECHNOLOGY RENTAL FUND 1,101,798 848,978 738,212 363,586 67 Q 617 FIREMEN'S PENSION FUND 72,040 49,564 53,064 18,976 74 $ 98,729,395 $ 55,081,395 $ 54,846,760 $ 43,882,635 56' 1 Differences primarily due to prior year Grant Billings. 2 Differences partly due to a $418,216 deposit in total for Real Estate Excise Taxin March 2018 from the State. 3 Differences primarily due to a 9%increase in water, a 10%increase in storm, and a 1.45%decrease in water tax. 4 Differences due to contributed capital billings to WWTP partnersin 2019, as well as 9.5%increase in sewer. 1 Packet Pg. 98 I 6.4.a I Page 1 of 1 CITY OF EDMONDS EXPENDITURES BY FUND - SUMMARY Fund 2019 Amended 8/31/2018 8/31/2019 Amount No. Title Budget Expenditures Expenditures Remaining %Spent 001 GENERAL FUND $ 45,369,117 $ 26,305,714 $ 27,987,234 $ 17,381,883 620/ 009 LEOFF-MEDICAL INS. RESERVE 466,920 265,598 293,939 172,981 630/ 011 RISK MANAGEMENT RESERVE FUND 931,523 - - 931,523 00/ 012 CONTINGENCY RESERVE FUND 3,835,827 334,494 - 3,835,827 00/ 014 HISTORIC PRESERVATION GIFT FUND 11,200 - 5,533 5,667 490i 018 EDMONDS HOMELESSNESS RESPONSE FUND 1,862 1,862 - 1000/ 'C O 019 EDMONDS OPIOID RESPONSE FUND 200,000 - 100,000 100,000 5001 104 DRUG ENFORCEMENT FUND 45,800 72,276 - 45,800 00/ 111 STREET FUND 2,252,028 1,129,150 1,323,337 928,691 590i 'v c 112 COMBINED STREET CONST/IMPROVE 6,892,395 2,382,221 868,178 6,024,217 130/ 117 MUNICIPAL ARTS ACQUIS. FUND 181,880 41,004 30,329 151,551 170i LL 120 HOTEL/MOTEL TAX REVENUE FUND 108,934 29,171 44,584 64,350 410i t 121 EMPLOYEE PARKING PERMIT FUND 26,880 - - 26,880 00/ 0 O 122 YOUTH SCHOLARSHIP FUND 3,000 1,532 2,561 439 850i 123 TOURISM PROMOTIONAL FUND/ARTS 32,000 9,059 10,474 21,526 330/ N 125 REAL ESTATE EXCISE TAX 2 3,383,286 662,049 884,216 2,499,070 26°/ j 3 126 REAL ESTATE EXCISE TAX 1, PARKS ACQ FUND 3,872,301 392,898 878,975 2,993,326 230r 127 GIFT S CAT ALOG FUND 109,454 15,606 40,634 68,820 370i Q 130 CEMETERY MAINTENANCE/IMPROVEMT 194,707 134,541 131,334 63,373 670i C 136 PARKS TRUST FUND 5,000 - 4,935 65 990/ 138 SISTER CITY COMMISSION 10,500 385 4,760 5,740 450i 140 BUSINESS IMPROVEMENT DISTRICT 5 - 58,055 55,412 (55,412) ea 00/ 211 L.I.D. FUND CONTROL 12,400 - - 12,400 0°/ 231 2012 LT GO DEBT SERVICE FUND 716,410 59,284 53,388 663,022 70/ L+ 332 PARKS CAPITAL CONSTRUCTION FUND 3,997,428 260,329 120,475 3,876,953 3°i r C 421 WATER UTILITY FUND 12,938,995 6,976,403 6,145,198 6,793,797 470i O 422 STORM UTILITY FUND 10,019,772 2,323,341 3,187,661 6,832,111 320i 423 SEWER/WWTP UTILITY FUND 17,721,484 6,865,075 7,141,197 10,580,287 400i N 424 BOND RESERVE FUND 1,991,210 640,742 625,592 1,365,618 31°i N 7 511 EQUIPMENT RENTAL FUND 2,933,431 803,858 1,050,564 1,882,867 360/ 512 TECHNOLOGY RENTAL FUND 1,179,911 725,215 608,516 571,395 520/ Q 617 FIREMEN'S PENSION FUND 137,223 51,286 112,185 25,038 820i $ 119,582,878 $ 50,539,286 $ 51,713,073 $ 67,869,806 43°/ s 5 Business Improvement District is not included in the City Budget; activity is here for reporting purposes only. 2 Packet Pg. 99 I 6.4.a I Page 1 of 3 C ITY O F EDMO NDS REVENUES - GENERAL FUND 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Revenues Revenues Remaining %Received TAXES: 1 REAL PERSONAL / PROPERTY TAX 2 EMSPROPERTY TAX 3 VOTED PROPERTY TAX 4 LOCAL RETAIL SALESIUSE TAX 6 5 NATURAL GAS USE TAX 6 1/10 SALES TAX LOCAL CRIM JUST 7 ELECTRIC UTILITY TAX 8 GASUTILITY TAX 9 SOLID WASTE UTILITY TAX 10 WATERUTILITY TAX 11 SEWERUTILITYTAX 12 STORMWATER UTILITY TAX 13 T.V. CABLE UTILITY TAX 14 TELEPHONE UTILITY TAX 15 PULLTABSTAX 16 AMUSEMENT GAMES 17 LEASEHOLD EXCISE TAX LICENSES AND PERMITS: 18 FIRE PERMITS -SPECIAL USE 19 POLICE -FINGERPRINTING 20 AMUSEMENTS 21 VENDING MACHINE/CONCESSION 22 FRANCHISE AGREEMENT -COMCAST 23 FRANCHISE FEE-EDUCATION/GOVERNMENT 24 FRANCHISE AGREEMENT -VERIZON/FRONTTER 25 FRANCHISE AGREEMENT -BLACKROCK 26 OLYMPIC VIEW WATER DISTRICT FRANCHISE 27 GENERAL BUSINESS LICENSE 28 DEV SERV PERMIT SURCHARGE 29 NON-RESIDENT BUS LICENSE 30 RIGHT OF WAY FRANCHISE FEE 31 BUILDING STRUCTURE PERMITS 32 ANIMAL LICENSES 33 STREET AND CURB PERMIT 34 OTRNON-BUSLICTERMITS INTERGOVERNMENTAL: 35 DOJ 15-0404-0-1-754 - BULLET PROOF VEST 36 NCHIP GRANT 37 WA ASSOC OF SHERIFF'S TRAFFIC GRANT 38 TARGET ZERO TEAMS GRANT 39 HIGH VISIBILITY ENFORCEMENT 40 STATE GRANTS- BUDGET ONLY 41 PUD PRIVILEDGE TAX 42 DOCKSIDE DRILLS GRANT REIMBURSE 43 DEPT OF NATURAL RESOURCES 44 WA STATE TRAFFIC COMM GRANT 45 WASHINGTON STATE ARTS COMMISSION 46 SHORELINE MASTER PROGRAM DOE 47 MVET/SPECIAL DISTRIBUTION 48 TRIAL COURT IMPROVEMENT 49 AOC PRO-TEM JUDGE REIMBURSEMENT 50 CRIMINAL JUSTICE -SPECIAL PROGRAMS 51 MARIJUANA EXCISE TAX DISTRIBUTION 52 DUI - CITIES 53 LIQUOR EXCISE TAX 54 LIQUOR BOARD PROFITS 55 MISCELLANEOUS INTERLOCAL REVENUE 56 INTERLOCAL GRANTS 57 POLICE TRAINING CLASSES 58 VERDANT INTERLOCAL GRANTS 59 FIRST RESPONDERS FLEX FUND 60 DISCOVERY PROGRAMS TECHNOLOGY ACQ. $ 10,548,203 $ 5,654,951 $ 5,715,410 $ 4,832,793 540/( 4,044,220 2,167,386 2,209,674 1,834,546 5501( 500 2,969 241 259 480/( 7,825,000 5,410,151 5,569,038 2,255,962 710/( 8,100 3,142 7,553 547 930/( 779,500 499,070 525,696 253,804 670/( 1,691,300 1,213,435 1,202,728 488,572 710/( 626,600 466,145 431,845 194,755 690/c 350,900 234,231 203,562 147,338 580/( 1,211,800 764,658 754,070 457,730 620/( 840,900 510,565 560,758 280,142 670/( 446,300 291,071 321,368 124,932 720/( 862,100 542,066 533,657 328,443 620/( 967,200 670,052 552,758 414,442 570/( 53,500 39,163 43,406 10,094 810/( 40 - 199 (159) 4960/( 251,900 204,447 212,124 39,776 840/( 30,508,063 18,673,502 18,844,086 11,663,977 620% 250 155 60 190 240/( 450 635 455 (5) 1010/( 6,330 5,950 4,675 1,655 740/( 50,000 28,489 40,754 9,246 820/c 713,500 513,468 504,843 208,657 710/( 41,200 27,833 27,684 13,516 670/( 106,900 80,664 72,818 34,082 680/( 14,000 7,220 - 14,000 00/( 325,100 244,463 258,588 66,512 800/( 122,200 76,253 88,228 33,973 720/( 63,400 54,645 46,104 17,296 730/( 75,900 45,750 38,100 37,800 5001( 15,000 52,816 15,460 (460) 1030/( 703,600 498,945 412,006 291,594 590/( 27,500 11,544 8,861 18,639 320/( 50,000 40,835 27,730 22,270 550/( 18,500 15,601 15,045 3,455 810/( 2,333,830 1,705,268 1,561,411 772,419 670% 6,006 4,535 3,470 2,536 580/( 14,616 - 14,616 - 1000/( 2,285 - 2,285 - 1000/( 4,000 2,937 1,852 2,148 460/( 7,100 8,602 3,501 3,599 490/( 18,000 - - 18,000 00/( 199,500 - - 199,500 00/c - 1,455 2,805 (2,805) 00/( - 17,347 - - 00/c - 3,623 2,594 (2,594) 00/( - - 5,000 (5,000) 00/c - - 7,165 (7,165) 00/( 13,800 8,906 9,316 4,484 680/( 16,716 12,400 12,658 4,058 760/( - 705 - - 00/( 45,600 32,213 33,546 12,054 740/( 45,000 44,380 30,096 14,904 670/( 6,000 4,575 4,434 1,566 740/( 215,000 152,009 167,210 47,790 780/( 342,000 170,954 170,475 171,525 5001( - - 2,500 (2,500) 00/( - 25,000 - - 00/c - - 211 (211) 00/( - 5,810 2,000 (2,000) 00/c - 1,737 814 (814) 00/( - 2,190 - - 00/( 935,623 499,379 476,547 459,076 510/( Q 2019 Local Retail Sa/eslUse Tax revenues are $158,887 higher than 2018 revenues Please also seepages pages 18 & 19. 3 Packet Pg. 100 1 Title CHARGES FOR GOODS AND SERVICES: 1 MUNICIPAL COURT CIVIL FILINGS 2 RECORD/LEGAL INSTRUMENTS 3 ATM SURCHARGE FEES 4 CREDIT CARD FEES 5 COURT RECORD SERVICES 6 D/M COURT REC SER 7 WARRANT PREPARATION FEE 8 IT TIME PAY FEE 9 MUNIC.-DIST. COURT CURR EXPEN 10 SALE MAPS & BOOKS 11 CLERKS TIME FOR SALE OF PARKING PERMITS 12 BID SUPPLIES REIMBURSEMENT 13 PHOTOCOPIES 14 POLICE DISCLOSURE REQUESTS 15 ENGINEERING FEES AND CHARGES 16 ELECTION CANDIDATE FILINGFEES 17 SNO-ISLE 18 PASSPORTS AND NATURALIZATION FEES 19 POLICE SERVICES SPECIAL EVENTS 20 CAMPUS SAFETY-EDM. SCH. DIST. 21 WOODWAY-LAW PROTECTION 22 MISCELLANEOUS POLICE SERVICES 23 FIRE DISTRICT #1 STATION BILLINGS 24 LEGAL SERVICES 25 FIRE PROTECTION & EMS FOR DUI 26 ADULT PROBATION SERVICE CHARGE 27 ELECTRONIC MONITORING 28 BOOKING FEES 29 FIRE CONSTRUCTION INSPECTION FEES 30 EMERGENCY SERVICE FEES 31 EMS TRANSPORT USER FEE 32 FLEX FUEL PAYMENTS FROM STATIONS 33 ANIMAL CONTROL SHELTER 34 ZONING/SUBDIVISION FEE 35 PLAN CHECKING FEES 36 FIRE PLAN CHECK FEES 37 PLANNING 1% INSPECTION FEE 38 S.E.P.A. REVIEW 39 CRITICAL AREA STUDY 40 DV COORDINATOR SERVICES 41 GYM AND WEIGHT ROOM FEES 42 PROGRAM FEES 43 TAXABLE RECREATION ACTIVITIES 44 WINTER MARKET REGISTRATION FEES 45 BIRD FEST REGISTRATION FEES 46 INTERFUND REIMBURSEMENT -CONTRACT SVCS 6.4.a Page 2 of 3 C ITY OF EDMO NDS REVENUES - GENERAL FUND 2019 Amended 8/31/2018 8/31/2019 Amount Budget Revenues Revenues Remaining %Received - - - - 0% 3,000 4,150 3,052 (52) 1020/( 400 338 395 5 990/( 10,000 8,751 9,969 31 1000/( - 71 74 (74) 00/( 300 124 47 253 160/( 5,500 3,858 7,649 (2,149) 1390/( 1,000 788 918 82 920 100 109 305 (205) 3050/( 100 14 50 50 500 25,100 - - 25,100 00/( 600 - - 600 00/( 1,000 376 762 238 760/( 500 69 - 500 00/( 200,000 173,259 141,495 58,505 710/( - 1,486 - - 0"/ 78,000 70,950 68,292 9,708 880/( 21,000 16,530 18,090 2,910 860/( 30,000 32,951 31,362 (1,362) 10501( 125,550 26,413 39,524 86,026 310/( 193,067 41,488 163,600 29,467 850/( 1,500 - 2 1,498 00/( 50,000 42,516 43,129 6,871 860/( - 731 1,149 (1,149) 00/( - - 117 (117) 00/c 54,000 39,282 30,480 23,520 560/( - 100 - - 00/c 400 1,191 1,988 (1,588) 4970/( 12,560 10,865 11,475 1,085 910/( 3,000 1,968 4,147 (1,147) 1380/( 852,100 838,399 773,990 78,110 910/( 2,500 2,195 629 1,871 250/( 50 15 100 (50) 2000/( 102,300 105,196 78,760 23,540 770/( 425,900 256,276 394,933 30,967 930/( 6,500 5,965 6,595 (95) 1010/( 1,000 669 169 831 170/c 5,000 6,030 3,850 1,150 770/( 14,000 13,000 11,825 2,175 840/( 2,046 8,402 4,707 (2,661) 230°/ 13,000 8,737 7,544 5,456 580/( 910,740 671,398 668,952 241,788 73°/ 1,300 264 552 748 420/( 5,000 1,940 2,550 2,450 5101( 1,000 805 235 765 240/( 2,624,792 1,719,582 1,763,951 860,841 670/( 5,783,905 4,117,249 4,297,415 1,486,490 740/( O C. d w c ca C M 21 t C O 2 0 0 N 3 3 Q 4 Packet Pg. 101 1 6.4.a Page 3 of 3 CITY OF EDMO NDS REVENUES - GENERAL FUND 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Revenues Revenues Remaining %Received FINES AND PENALTIES: 1 PROOF OF VEHICLE INS PENALTY 2 TRAFFIC INFRACTION PENALTIES 3 NC TRAFFIC INFRACTION 4 CRT COST FEE CODE LEG ASSESSMENT (LGA) 5 NON -TRAFFIC INFRACTION PENALTIES 6 OTHERINFRACTIONS'04 7 PARKING INFRACTION PENALTIES 8 PARK/INDDISZONE 9 DWI PENALTIES 10 DUI - DP ACCT 11 CRIM CNV FEE DUI 12 DUI - DP FEE 13 OTHER CRIMINAL TRAF MISDEM PEN 14 CRIMINAL TRAFFIC MISDEMEANOR 8/03 15 CRIMINAL CONVICTION FEE CT 16 CRIM CONV FEE CT 17 OTHER NON-T RAF MISDEMEANOR PEN 18 OTHER NON TRAFFIC MISD. 8/03 19 COURT DV PENALTY ASSESSMENT 20 CRIMINAL CONVICTION FEE CN 21 CRIM CONV FEE CN 22 PUBLIC DEFENSE RECOUPMENT 23 BANK CHARGE FOR CONV. DEFENDANT 24 COURT COST RECOUPMENT 25 BUS. LICENSE PERMIT PENALTY 26 MISC FINES AND PENALTIES MISCELLANEOUS: 27 INVESTMENT INTEREST 28 INTEREST ON COUNTY TAXES 29 INTEREST - COURT COLLECTIONS 30 PARKING 31 SPACE/FACILITIES RENTALS 32 BRACKET ROOM RENTAL 33 LEASESLONG-TERM 34 DONATION/CONTRIBUTION 35 PARKSDONATIONS 36 BIRD FEST CONTRIBUTIONS 37 POLICE CONTRIBUTIONS FROM PRIV SOURCES 38 FIRST RESPONDERS- PRIVATE SOURCES 39 SALE OF JUNK/SALVAGE 40 SALES OF UNCLAIM PROPERTY 41 CONFISCATED AND FORFEITED PROPERTY 42 OTHER JUDGEMENT/SETTLEMENT 43 POLICE JUDGMENTSIRESTITUTION 44 CASHIERS OVERAGES/SHORTAGES 45 OTHER MISC REVENUES 46 SMALL OVERPAYMENT 47 NSF FEES - PARKS & REC 48 NSF FEES - MUNICIPAL COURT 49 NSF FEES -POLICE 50 FLEX -PLAN SERVICES FORFEITURES 51 US BANK REBATE TRANSFERS -IN: 52 INTERFUND TRANSFER FROM FUND 012 53 INTERFUND TRANSFER FROM FUND 011 54 TRANSFER FROM FUND 127 TO TAL GENERAL FUND REVENUE 7,500 4,595 2,773 4,727 370/( 290,000 188,695 155,150 134,850 540/( 31,000 21,572 12,748 18,252 410/( 38,000 23,083 11,875 26,125 310/( 1,000 3,500 1,371 (371) 1370/( 800 620 1,143 (343) 1430/( 159,000 112,275 100,378 58,622 630/( 800 585 2,022 (1,222) 2530/( 6,000 4,753 6,102 (102) 1020/( 1,000 575 329 671 330/( 200 97 51 149 250/( 1,500 1,431 1,339 161 890/( 135 96 - 135 0°/ 30,000 23,261 21,798 8,202 730/( 3,600 2,585 1,869 1,731 520/( 1,000 722 463 537 460/( 100 38 (2,792) 2,892 27920/1 13,000 7,903 18,620 (5,620) 1430/( 600 403 289 311 480/( 1,600 1,033 681 919 430/( 500 342 240 260 480/( 18,500 13,228 8,579 9,921 460/( 12,000 7,952 9,670 2,330 810/( 7,000 3,986 3,958 3,042 570/( 10,000 10,510 5,150 4,850 520/( 300 505 1,208 (908) 4030/( 635,135 434,342 365,017 270,118 575/, 248,160 112,314 281,600 (33,440) 1130/( 9,210 11,725 18,924 (9,714) 2050/( 3,000 5,957 6,167 (3,167) 2060/( 4,062 - - 00/( 153,000 108,364 112,161 40,839 730/c 5,000 1,540 1,610 3,390 320/( 185,000 125,228 134,179 50,821 730/( 7,000 1,281 3,473 3,527 5001( 4,350 3,380 1,550 2,800 360/( 1,500 1,390 1,320 180 880/( 9,768 - 9,553 215 980/( - 28,000 - - 00 300 58 68 232 230/( 3,000 1,631 1,764 1,236 590/( 2,000 - - 2,000 00/( 2,000 - 3 1,997 00/c 200 60 419 (219) 2100/( - (76) (122) 122 00/c 2,000 308,712 198,732 (196,732) 99370/( 30 51 48 (18) 1590/( 20 - 30 (10) 15001( 300 236 108 192 360/( - 30 - - 00/( - - 370 (370) 00/( 7,500 7,168 5,348 2,152 710/( 643,338 721,112 777,305 (133,967) 12107, 3,835,827 49,584 - 3,835,827 0°/ 931,523 - - 931,523 00/( 26,300 13,150 13,150 13,150 500/( 4,793,650 62,734 13,150 4,780,500 00/ $ 45,633,544 $ 26,213,586 $ 26,334,930 $19,298,614 580/ Q 5 Packet Pg. 102 I 6.4.a I Page 1 of 6 CITY OF EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent GENERAL FUND EXPENDITURES (001) 1 SALARIES AND WAGES $ 16,459,498 $ 9,702,032 $ 10,547,665 $ 5,911,833 640 2 OVERTIME 488,380 447,897 533,119 (44,739) 1090 3 HOLIDAY BUY BACK 250,491 4,268 8,449 242,042 34 4 BENEFITS 6,120,051 3,771,037 4,147,038 1,973,013 680 5 UNIFORMS 90,475 57,762 81,615 8,860 900 6 SUPPLIES 380,280 248,552 324,551 55,729 850 7 SMALL EQUIPMENT 222,379 54,943 112,504 109,875 510 8 PROFESSIONAL SERVICES 15,056,950 1,788,482 8,682,114 6,374,836 580 9 COMMUNICATIONS 165,556 97,943 96,386 69,170 580 10 TRAVEL 66,380 30,376 49,268 17,112 740 11 EXCISE TAXES 6,500 3,534 3,947 2,553 610 12 RENTAL/LEASE 1,842,569 1,320,388 1,230,571 611,998 670 13 INSURANCE 431,095 437,253 436,448 (5,353) 1010 14 UTILITIES 460,625 325,396 334,765 125,860 730 15 REPAIRS& MAINTENANCE 584,030 182,702 414,907 169,123 710 16 MISCELLANEOUS 479,954 236,790 276,287 203,667 580 17 INTERGOVERNMENTAL SERVICES 7 - 6,317,980 - - 04 18 INTERGOVERNMENTAL PAYMENTS 19 INTERFUND SUBSIDIES 20 LAND 21 MACHINERY/EQUIPMENT 22 CONSTRUCTION PROJECTS 23 GENERAL OBLIGATION BOND PRINCIPAL 24 OTHER INTEREST & DEBT SERVICE COSTS 25 INTEREST ON LONG-TERM EXTERNAL DEBT LEOFF-MEDICAL INS. RESERVE(009) 26 BENEFITS 27 PENSION AND DISABILITY PAYMENTS 28 PROFESSIONAL SERVICES 29 MISCELLANEOUS RISK MANAGEMENT RESERVE FUND (011) 30 INTERFUND SUBSIDIES CONTINGENCY RESERVE FUND (012) 31 INTERFUND LOAN 32 INTERFUND SUBSIDIES 75,000 403,135 75,000 - 1000 1,953,108 779,625 625,579 1,327,529 320 - 4,884 - - 00 27,042 80,159 27,042 04 10,494 - 10,494 04 183,710 183,710 04 500 - - 500 04 14,050 10,576 7,023 7,027 500 45,369,117 26,305,714 27,987,234 17,381,883 620 $ 206,650 $ 113,183 $ 113,364 $ 93,286 550 252,990 149,054 179,940 73,050 710 7,000 2,962 180 6,820 34 280 400 455 (175) 1630 466,920 265,598 S 293,939 172,981 630 $ 931,523 $ $ $ 931,523 04 931,523 931,523 01 $ - $ 284,910 $ $ - 04 3,835,827 49,584 3,835,827 04 3,835,827 334,494 3,835,827 00 HISTORIC PRESERVATION GIFTFUND (014) 33 SUPPLIES $ 100 $ $ $ 100 00 34 PROFESSIONAL SERVICES 200 200 04 35 MISCELLANEOUS 10,900 5,533 5,367 510 11,200 5,533 5,667 490 EDMONDS HOMELESSNESS RESPONSEFUND (018) 36 PROFESSIONAL SERVICES $ 1,862 $ $ 1,862 $ - 1000 1,862 1,862 - 1000 EDMONDS OPIOID RESPONSEFUND (019) 37 INTERFUND SUBSIDIES $ 200,000 $ $ 100,000 $ 100,000 500 200,000 100,000 100,000 500 DRUG INFO RC EMENT FUND (104) 38 PROFESSIONAL SERVICES $ 45,000 $ $ - $ 45,000 04 39 REPAIR/MAINT 800 800 04 40 INTERGOVERNMENTAL SERVICES - 72,276 - 00 45,800 72,276 45,800 00 O a w .v c ca C IL t C O 2 0 0 N N O Q 7 The difference for "intergovernmental services" and "professional services" is due to a change in BARS coding. 6 Packet Pg. 103 I 6.4.a I Page 2 of 6 CITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent STREEI'FUND (111) 1 SALARIES AND WAGES $ 795,977 $ 330,944 $ 380,085 $ 415,892 480 2 OVERTIME 35,900 16,656 35,738 162 1000 3 BENEFITS 264,125 163,342 180,152 83,973 680 4 UNIFORMS 6,000 3,136 3,278 2,722 554 5 SUPPLIES 335,000 137,695 184,295 150,705 550 6 SMALL EQUIPMENT 20,000 396 1,416 18,584 74 7 PROFESSIONAL SERVICES 26,140 8,431 7,307 18,833 280 8 COMMUNICATIONS 4,500 4,840 4,286 214 950 9 TRAVEL 1,000 - - 1,000 04 10 RENTAL/LEASE 268,280 126,010 179,920 88,360 674 11 INSURANCE 153,881 156,645 156,514 (2,633) 1020 12 UTILITIES 276,605 165,167 168,506 108,099 614 13 REPAIRS& MAINTENANCE 52,000 13,884 19,890 32,110 380 14 MISCELLANEOUS 8,000 829 1,662 6,338 214 15 INTERGOVERNMENTAL SERVICES - 854 - - 04 16 GENERAL OBLIGATION BOND PRINCIPAL 4,040 - - 4,040 04 17 INTEREST 580 322 289 291 504 COMBINED STREETCONST/IMPROVE(112) 18 SALARIES AND WAGES 19 BENEFIT S 20 PROFESSIONAL SERVICES 21 REPAIRS & MAINTENANCE 22 INTERFUND SUBSIDIES 23 LAND 24 CONSTRUCTION PROJECTS 25 INTERGOVERNMENTAL LOANS 26 INTEREST MUNICIPAL ARTS ACQUIS. FUND (117) 27 SUPPLIES 28 SMALL EQUIPMENT 29 PROFESSIONAL SERVICES 30 TRAVEL 31 RENTAL/LEASE 32 REPAIRS & MAINTENANCE 33 MISCELLANEOUS HO TEL/MO TEL TAX REVENUE FUND (120) 34 PROFESSIONAL SERVICES 35 MISCELLANEOUS 36 INTERFUND SUBSIDIES EMPLO YEE PARIGNG PERMIT FUND (121) 37 SUPPLIES 38 PROFESSIONAL SERVICES YOUTH SCHOLARSHIP FUND (122) 39 MISCELLANEOUS TO URISM PRO MO TIO NAL FUND/ARTS (123) 40 PROFESSIONAL SERVICES 41 MISCELLANEOUS $ 2,252,028 $ 1,129,150 $ 1,323,337 $ 928,691 590 $ - $ 14,754 $ $ - 04 961 10,186 961 04 3,893,563 257,794 212,154 3,681,409 54 1,138,238 - 304,511 833,727 274 47,710 40,515 40,318 7,392 854 38,500 - - 38,500 04 1,698,873 1,984,096 236,680 1,462,193 144 72,220 72,201 72,201 19 1004 2,330 2,674 2,313 17 994 $ 6,892,395 $ 2,382,221 $ 868,178 $ 6,024,217 134 $ 4,700 $ 171 $ 533 $ 4,167 110 1,700 - - 1,700 04 166,500 37,090 26,859 139,641 160 80 9 6 74 84 2,000 - - 2,000 04 300 - - 300 04 6,600 3,734 2,931 3,669 444 $ 181,880 $ 41,004 $ 30,329 $ 151,551 174 $ 103,934 $ 27,171 $ 42,001 $ 61,933 404 1,000 - 583 417 584 4,000 2,000 2,000 2,000 500 $ 108,934 $ 29,171 $ 44,584 $ 64,350 410 $ 1,790 $ $ $ 1,790 04 25,090 25,090 04 $ 26,880 $ $ $ 26,880 04 $ 3,000 $ 1,532 $ 2,561 $ 439 854 $ 3,000 $ 1,532 $ 2,561 $ 439 854 $ 28,500 $ 7,595 $ 8,515 $ 19,985 304 3,500 1,464 1,959 1,541 564 $ 32,000 $ 9,059 $ 10,474 $ 21,526 334 Q 7 Packet Pg. 104 I 6.4.a I Page 3 of 6 CITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent REAL ESTATE EXCISE TAX (125) 1 SUPPLIES $ 21,000 $ 17,082 $ 34,096 $ (13,096) 1620 2 PROFESSIONAL SERVICES 586,505 68,442 110,378 476,127 190 3 RENTAL/LEASE - - 381 (381) 00 4 REPAIRS& MAINTENANCE 591,156 23,121 309,198 281,958 520 5 LAND 100,000 - - 100,000 04 6 CONSTRUCTION PROJECTS 2,084,625 553,404 430,164 1,654,461 210 $ 3,383,286 $ 662,049 $ 884,216 $ 2,499,070 260 REAL ESTATE EXCISE TAX 1, PARKS AC Q (126) 7 PROFESSIONAL SERVICES 8 REPAIRS & MAINTENANCE 9 MISCELLANEOUS 10 INTERFUND SUBSIDIES 11 LAND 12 CONSTRUCTION PROJECTS 13 GENERAL OBLIGATION BONDS 14 INTEREST GIFTS CATALOG FUND (127) 15 SUPPLIES 16 SMALL EQUIPMENT 17 PROFESSIONAL SERVICES 18 REPAIRS & MAINTENANCE 19 MISCELLANEOUS 20 INTERFUND SUBSIDIES CY EIII2YMAINTINANCFAMPROVEMENT(130) 21 SALARIES AND WAGES 22 OVERTIME 23 BENEFIT S 24 UNIFORMS 25 SUPPLIES 26 SUPPLIES PURCHASED FOR INVENTORY/RESALE 27 SMALL EQUIPMENT 28 PROFESSIONAL SERVICES 29 COMMUNICATIONS 30 TRAVEL 31 RENTAL/LEASE 32 UTILITIES 33 REPAIRS & MAINTENANCE 34 MISCELLANEOUS PARKS TRUSTFUND (136) 35 SMALL EQUIPMENT 36 INTERFUND SUBSIDIES SISTER CITY COMMISSION (138) 37 SUPPLIES 38 TRAVEL 39 MISCELLANEOUS BUSINESS IMPROVEMENTDISTRICTFUND (140) 40 SUPPLIES 41 PROFESSIONAL SERVICES 42 MISCELLANEOUS LID FUND C O NTRO L (211) 43 INTERFUND SUBSIDIES 2012 LTGO DEBT SERVIC FUND (231) 44 GENERAL OBLIGATION BOND 45 INTEREST $ 204,650 $ 110,576 $ 71,986 132,664 350 658,879 - 293,495 365,384 450 - 216,720 - - 04 133,030 15,063 14,013 119,018 110 100,000 - - 100,000 04 2,748,902 48,666 497,801 2,251,101 180 23,480 - - 23,480 04 3,360 1,873 1,680 1,680 500 $ 3,872,301 $ 392,898 $ 878,975 $ 2,993,326 230 $ 49,479 $ 2,302 $ 25,052 $ 24,427 510 15,325 - 574 14,751 44 6,500 - 6,500 04 11,250 - 1,858 9,392 170 600 154 - 600 04 26,300 13,150 13,150 13,150 500 $ 109,454 $ 15,606 $ 40,634 $ 68,820 37° $ 93,593 $ 58,238 $ 62,992 $ 30,601 670 3,500 2,122 2,901 599 830 38,909 24,098 28,502 10,407 730 1,000 675 225 775 230 7,000 17,079 2,728 4,272 390 20,000 16,281 11,540 8,460 580 - - 1,246 (1,246) 00 4,200 1,406 866 3,334 210 1,410 1,036 1,239 171 880 500 - - 500 0° 6,260 7,760 4,173 2,087 670 3,835 2,985 2,961 874 770 500 - - 500 04 14,000 2,861 11,960 2,040 850 $ 194,707 $ 134,541 $ 131,334 $ 63,373 675 $ 5,000 $ $ 4,935 $ 65 990 - - - 04 $ 5,000 $ $ 4,935 $ 65 990 $ 1,500 $ 27 $ 651 $ 849 430 4,500 - 2,705 1,795 600 4,500 357 1,403 3,097 310 $ 10,500 $ 385 $ 4,760 $ 5,740 450 $ $ 6,892 $ 12,278 $ (12,278) 00 47,114 42,145 (42,145) 04 4,049 989 (989) 09 58,055 55,412 (55,412) 00 $ 12,400 $ $ - $ 12,400 04 $ 12,400 $ $ - $ 12,400 09 $ 609,630 $ - $ - $ 609,630 04 106,780 59,284 53,388 53,392 500 $ 716,410 $ 59,284 $ 53,388 $ 663,022 70 Q 8 Packet Pg. 105 6.4.a Page 4 of 6 C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent PARKS CONSTRUCTION FUND (332) 1 PROFESSIONAL SERVICES $ 4,760 $ 8,146 $ 14,265 $ (9,505) 3000 2 INTERFUND SUBSIDIES - 200,000 - - 00 3 CONSTRUCTION PROJECTS 3,992,668 52,184 106,210 3,886,458 34 $ 3,997,428 $ 260,329 $ 120,475 $ 3,876,953 30 WATER FUND (421) 4 SALARIES AND WAGES $ 845,003 $ 486,116 $ 522,978 $ 322,025 620 5 OVERTIME 24,000 14,769 16,596 7,404 690 6 BENEFITS 371,025 227,858 237,172 133,853 640 7 UNIFORMS 4,000 2,747 2,193 1,807 550 8 SUPPLIES 150,000 109,023 44,351 105,649 300 9 FUEL CONSUMED - 70 - - 04 10 WATER PURCHASED FOR RESALE 1,950,000 1,169,057 1,216,452 733,548 620 11 SUPPLIES PURCHASED FOR INVENTORY/RESALE 170,000 71,061 100,408 69,592 590 12 SMALL EQUIPMENT 11,000 2,236 4,856 6,144 440 13 PROFESSIONAL SERVICES 878,372 473,664 541,754 336,618 620 14 COMMUNICATIONS 30,000 18,266 19,676 10,324 660 15 TRAVEL 200 - - 200 00 16 EXCISE TAXES 8 1,649,700 278,660 1,055,003 594,697 640 17 RENTAL/LEASE 155,532 95,005 101,847 53,685 650 18 INSURANCE 54,423 56,738 55,096 (673) 1010 19 UTILITIES 35,310 16,598 18,103 17,207 510 20 REPAIRS& MAINTENANCE 1,603,100 16,619 217,873 1,385,227 140 21 MISCELLANEOUS 121,400 67,622 80,026 41,374 660 22 INTERGOVERNMENTAL SERVICES - 28,059 - - 00 23 INTERFUND TAXES 8 - 764,658 - - 09 24 INTERFUND SUBSIDIES 646,370 211,087 206,313 440,057 320 25 MACHINERY/EQUIPMENT 15,000 - - 15,000 04 26 CONSTRUCTION PROJECTS 3,614,690 2,722,157 1,565,489 2,049,201 430 27 GENERAL OBLIGATION BONDS 2,710 - - 2,710 04 28 REVENUE BONDS 355,740 - - 355,740 04 29 INTERGOVERNMENTAL LOANS 25,840 25,839 25,839 1 1000 30 INTEREST 225,580 118,495 113,174 112,406 500 $ 12,938,995 $ 6,976,403 $ 6,145,198 $ 6,793,797 470 STORM FUND (422) 31 SALARIES AND WAGES $ 702,584 $ 427,897 $ 455,413 $ 247,171 650 32 OVERTIME 29,000 6,809 30,127 (1,127) 1040 33 BENEFITS 360,829 218,029 231,907 128,922 640 34 UNIFORMS 6,500 4,831 4,964 1,536 760 35 SUPPLIES 46,000 22,079 17,614 28,386 380 36 SMALL EQUIPMENT 4,000 74 3,653 347 910 37 PROFESSIONAL SERVICES 1,711,075 476,596 699,664 1,011,411 410 38 COMMUNICATIONS 3,200 3,105 3,203 (3) 1000 39 TRAVEL 4,300 840 - 4,300 04 40 EXCISE TAXES 8 470,100 41,531 367,153 102,947 780 41 RENTAL/LEASE 246,404 164,451 162,905 83,499 660 42 INSURANCE 125,390 178,798 127,548 (2,158) 1020 43 UTILITES 10,710 6,537 7,397 3,313 690 44 REPAIR & MAINTENANCE 439,568 11,160 10,271 429,297 24 45 MISCELLANEOUS 113,100 65,498 106,630 6,470 940 46 INTERGOVERNMENTAL SERVICES - 80,523 - - 00 47 INTERFUND TAXES AND OPERATING ASSESSMENT 8 - 291,071 - - 09 48 INTERFUND SUBSIDIES 299,487 83,159 81,819 217,668 270 49 CONSTRUCTION PROJECTS 4,987,891 142,827 782,360 4,205,531 160 50 GENERAL OBLIGATION BONDS 98,900 - - 98,900 09 51 REVENUE BONDS 173,940 - - 173,940 04 52 INTERGOVERNMENTAL LOANS 55,639 32,063 32,063 23,577 580 53 INTEREST 131,155 65,463 62,969 68,186 480 $ 10,019,772 $ 2,323,341 $ 3,187,661 $ 6,832,111 320 Q 8 The difference for "interfund taxes" and "rise taxes" is due to a change in BARS coding. I Packet Pg. 106 1 I 6.4.a I Page 5 of 6 CITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent SEWER FUND (423) 1 SALARIES AND WAGES $ 1,850,763 $ 1,106,388 $ 1,178,320 $ 672,443 640 2 OVERTIME 95,000 58,999 64,237 30,763 680 3 BENEFITS 815,177 500,960 514,019 301,158 630 4 UNIFORMS 9,500 6,287 5,782 3,718 610 5 SUPPLIES 417,200 201,875 196,469 220,731 470 6 FUEL CONSUMED 80,000 35,918 28,633 51,367 360 7 SUPPLIES PURCHASED FOR INV OR RESALE 4,000 - - 4,000 00 8 SMALL EQUIPMENT 50,000 31,998 10,531 39,469 210 9 PROFESSIONAL SERVICES 1,599,670 686,071 727,965 871,705 460 10 COMMUNICATIONS 43,000 28,593 27,875 15,125 650 11 TRAVEL 5,000 2,122 32 4,968 19 12 EXCISE TAXES 9 973,000 144,260 713,422 259,578 730 13 RENTAL/LEASE 313,469 205,206 232,833 80,636 740 14INSURANCE 184,261 117,717 186,110 (1,849) 1010 15 UTILITIES 1,231,310 676,491 719,906 511,404 580 16 REPAIR & MAINTENANCE 695,000 288,320 277,603 417,397 400 17 MISCELLANEOUS 125,650 55,822 61,373 64,277 490 18 INTERGOVERNMENTAL SERVICES - 95,112 - - 04 19 INTERFUND TAXESAND OPERATING ASSESSMENT 9 20 INTERFUND SUBSIDIES 21 MACHINERY/EQUIPMENT 22 CONSTRUCTION PROJECTS 23 GENERAL OBLIGATION BONDS 24 REVENUE BONDS 25 INTERGOVERNMENTAL LOANS 26 INTEREST 27 OTHER INTEREST & DEBT SERVICE COSTS BOND RESERVE FUND (424) 28 REVENUE BONDS 29 INTEREST - 510,565 - - 04 2,420,671 413,431 603,173 1,817,498 250 30,000 79,862 27,858 2,142 930 6,300,393 1,397,862 1,346,996 4,953,397 210 150,050 - - 150,050 00 80,340 - - 80,340 00 172,540 171,872 172,528 12 1000 75,490 44,050 40,516 34,974 540 - 5,297 5,015 (5,015) 00 $ 17,721,484 $ 6,865,075 $ 7,141,197 $ 10,580,287 400 $ 740,010 $ - $ - $ 740,010 04 1,251,200 640,742 625,592 625,608 500 $ 1,991,210 $ 640,742 $ 625,592 $ 1,365,618 310 9 The difference for "interfund taxes" and "excise taxes" is due to a change in BARS coding. Q 10 Packet Pg. 107 I 6.4.a I Page 6 of 6 C ITY O F EDMO NDS EXPENDITURES BY FUND - DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent EQ UIPMENT RENTAL FUND (511) 1 SALARIES AND WAGES $ 259,309 $ 168,649 $ 173,543 $ 85,766 670 2 OVERTIME 2,000 - 8,081 (6,081) 4040 3 BENEFITS 113,207 72,047 75,026 38,181 660 4 UNIFORMS 1,000 852 1,162 (162) 1160 5 SUPPLIES 110,000 45,351 76,698 33,302 700 6 FUEL CONSUMED 1,000 - - 1,000 00 7 SUPPLIES PURCHASED FOR INVENTORY/RESALE 273,000 109,954 112,863 160,137 410 8 SMALL EQUIPMENT 58,000 5,621 1,892 56,108 30 9 PROFESSIONAL SERVICES 46,580 2,720 3,371 43,209 79 10 COMMUNICATIONS 3,000 1,496 1,460 1,540 490 11 TRAVEL 1,000 339 255 745 250 12 RENTAL/LEASE 14,120 6,250 9,158 4,962 650 13 INSURANCE 32,015 29,464 30,167 1,848 940 14 UTILITIES 14,200 8,720 9,720 4,480 680 15 REPAIRS& MAINTENANCE 60,000 19,525 23,059 36,941 380 16 MISCELLANEOUS 12,000 7,445 9,181 2,819 770 17 INTERGOVERNMENTAL SERVICES - 1,489 - - 00 18 MACHINERY/EQUIPMENT 1,933,000 323,937 514,930 1,418,070 270 $ 2,933,431 $ 803,858 $ 1,050,564 $ 1,882,867 365 TECHNOLOGY RENTAL FUND (512) 19 SALARIES AND WAGES $ 292,502 $ 186,309 $ 200,548 $ 91,954 690 20 OVERTIME 2,000 1,330 60 1,940 34 21 BENEFIT S 97,499 62,169 68,107 29,393 700 22 SUPPLIES 5,000 3,661 3,157 1,843 630 23 SMALL EQUIPMENT 38,000 88,756 36,446 1,554 960 24 PROFESSIONAL SERVICES 210,000 162,866 8,988 201,012 44 25 COMMUNICATIONS 58,770 27,657 38,406 20,364 650 26 TRAVEL 1,500 412 359 1,141 244 27 RENTAL/LEASE 7,200 5,559 5,900 1,300 820 28 REPAIRS& MAINTENANCE 387,690 130,597 185,760 201,930 480 29 MISCELLANEOUS 5,000 9,320 3,215 1,785 640 30 MACHINERY/EQUIPMENT 74,750 46,580 57,571 17,179 770 $ 1,179,911 $ 725,215 $ 608,516 $ 571,395 520 FIR]MIEN'S PENSION FUND (617) 31 BENEFITS $ 81,596 $ 15,687 $ 13,879 $ 67,717 170 32 PENSION AND DISABILITY PAYMENTS 54,427 35,061 98,306 (43,879) 1810 33 PROFESSIONAL SERVICES 1,200 538 - 1,200 04 $ 137,223 $ 51,286 $ 112,185 $ 25,038 820 TOTAL EXPENDITURE ALL FUNDS $ 119,582,878 $ 50,539,286 $ 51,713,073 $ 67,869,806 430 Q 11 Packet Pg. 108 6.4.a Page 1 of 1 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN SUMMARY 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining CITY COUNCIL OFFICE OF MAYOR HUMAN RESOURCES MUNICIPAL COURT CITY CLERK FINANCE CITY ATTORNEY NON -DEPARTMENTAL POLICE SERVICES COMMUNITY SERVICESIECONOMIC DEV DEVELOPMENT SERVICES PARKS& RECREATION PUBLIC WORKS FACILITIES MAINTENANCE % Spent $ 508,651 $ 309,376 $ 279,741 $ 228,910 55% 296,155 192,272 197,457 98,698 67% 590,331 279,002 351,814 238,517 60% 1,143,210 663,923 653,110 490,100 57% 697,520 464,996 473,386 224,134 68% O 1,244,805 722,494 857,653 387,152 69% d 889,560 552,195 583,806 305,754 66% 13,556,979 8,273,085 8,386,837 5,170,142 62% ca 11,728,919 7,232,795 7,672,764 4,056,155 65% LL 618,232 372,264 375,568 242,664 61% >+ t 3,520,058 1,740,882 1,847,785 1,672,273 52% C O 4,363,868 2,536,505 2,705,334 1,658,534 62% 2 CD 3,296,100 1,829,913 2,116,023 1,180,077 64% p N 2,914,729 1,136,010 1,485,955 1,428,774 51% y $ 45,369,117 $ 26,305,714 $ 27,987,234 $ 17,381,883 62% 3 Q CITY OF EDMO NDS EXPENDITURES - UTILITY- BY FUND IN SUMMARY Title 2019 Amended Budget 8/31/2018 Expenditures 8/31/2019 Expenditures Amount Remaining %Spent WATER UTILITY FUND $ 12,938,995 $ 6,976,403 $ 6,145,198 $ 6,793,797 47% STORM UTILITY FUND 10,019,772 2,323,341 3,187,661 6,832,111 32% SEWER/WWTP UTILITY FUND 17,721,484 6,865,075 7,141,197 10,580,287 40% BOND RESERVE FUND 1,991,210 640,742 625,592 1,365,618 31% $ 42,671,461 $ 16,805,562 $ 17,099,648 $ 25,571,813 40% 12 Packet Pg. 109 Page 1 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DEr'AIL Title 2019 Amended Budget 8/31/2018 Expenditures 8/31/2019 Expenditures Amount Remaining %Spent CITY COUNCIL SALARIES $ 171,950 $ 107,684 $ 119,446 $ 52,504 69% OVERTIME 1,000 - - 1,000 0% BENEFITS 92,751 61,711 64,963 27,788 70% SUPPLIES 2,000 884 1,589 411 79% SMALL EQUIPMENT - 15,089 342 (342) 0% PROFESSIONAL SERVICES 194,160 102,018 73,933 120,227 38% COMMUNICATIONS 3,000 2,511 3,889 (889) 130% TRAVEL 6,700 1,430 2,589 4,111 39% RENTAL/LEASE 11,586 10,879 8,107 3,479 70% REPAIRS/MAINTENANCE 500 - 121 379 24% MISCELLANEOUS 25,004 7,171 4,762 20,242 19% $ 508,651 $ 309,376 $ 279,741 $ 228,910 55% OFFICEOFMAYOR SALARIES $ 215,076 $ 139,544 $ 145,756 $ 69,320 68% BENEFITS 53,257 33,277 35,662 17,595 67% SUPPLIES 1,500 387 434 1,066 29% PROFESSIONAL SERVICES 3,000 1,943 2,211 789 74% COMMUNICATION 1,400 1,188 676 724 48% TRAVEL 3,000 829 2,603 397 87% RENTAL/LEASE 13,472 13,845 8,373 5,099 62% MISCELLANEOUS 5,450 1,258 1,742 3,708 32% $ 296,155 $ 192,272 $ 197,457 $ 98,698 67% HUMAN RESOURCES SALARIES $ 327,939 $ 152,969 $ 208,820 $ 119,119 64% OVERTIME - - 197 (197) 0% BENEFITS 118,229 58,158 65,930 52,299 56% SUPPLIES 12,300 2,845 3,023 9,277 25% SMALL EQUIPMENT 300 - 1,104 (804) 368% PROFESSIONAL SERVICES 73,000 36,520 36,975 36,025 51% COMMUNICATIONS 700 811 702 (2) 100% TRAVEL 1,000 1,201 309 691 31% RENTAL/LEASE 22,947 17,703 16,488 6,459 72% REPAIR/MAINTENANCE 7,850 7,326 7,571 279 96% MISCELLANEOUS 26,066 L469 10,696 15,370 41% $ 590,331 $ 279,002 $ 351,814 $ 238,517 60% MUNIC IPAL C O URT SALARIES $ 628,961 $ 375,717 $ 389,194 $ 239,767 62% OVERTIME 800 75 1,219 (419) 152% BENEFITS 244,601 148,891 137,466 107,135 56% SUPPLIES 10,600 5,870 3,976 6,624 38% SMALL EQUIPMENT 1,000 35 5,155 (4,155) 515% PROFESSIONAL SERVICES 124,925 62,290 52,370 72,555 42% COMMUNICATIONS 3,550 1,714 1,855 1,695 52% TRAVEL 6,500 3,565 2,233 4,267 34% RENTAL/LEASE 65,251 48,210 42,949 22,302 66% REPAIR/MAINTENANCE 4,880 - 277 4,603 6% MISCELLANEOUS 25,100 17,556 16,415 8,685 65% MACHINERY/EQUIPMENT 27,042 - - 27,042 0% $ 1,143,210 $ 663,923 $ 653,110 $ 490,100 57% O CL d w <0 C O C IL t C O 2 Cn O N N 3 7 Q 13 Packet Pg. 110 1 I 6.4.a I Page 2 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining '%Spent CITY C LERK SALARIES AND WAGES $ 358,349 $ 257,931 $ 239,212 $ 119,137 67% BENEFITS 151,468 104,624 107,583 43,885 71% SUPPLIES 10,240 2,572 2,057 8,183 20% SMALL EQUIPMENT 2,000 - 4,024 (2,024) 201% PROFESSIONAL SERVICES 42,410 14,137 19,112 23,298 45% COMMUNICATIONS 40,000 16,649 20,766 19,234 52% TRAVEL 2,000 437 465 1,535 23% RENTAL/LEASE 50,973 41,187 33,124 17,849 65% REPAIRS&MAINTENANCE 32,080 22,298 39,598 (7,518) 123% MISCELLANEOUS 8,000 5,160 7,444 556 93% $ 697,520 $ 464,996 $ 473,386 $ 224,134 68% FINANCE SALARIES $ 844,384 $ 480,900 $ 568,793 $ 275,591 67% OVERTIME 4,500 146 - 4,500 0% BENEFITS 268,345 154,259 197,121 71,224 73% SUPPLIES 7,350 2,186 3,936 3,414 54% SMALL EQUIPMENT 5,400 3,831 579 4,821 11% PROFESSIONAL SERVICES 14,650 109 376 14,274 3% COMMUNICATIONS 2,000 891 790 1,210 39% TRAVEL 3,100 3,043 2,055 1,045 66% RENTAL/LEASE 48,226 32,592 32,871 15,355 68% REPAIR/MAINTENANCE 38,500 41,121 42,499 (3,999) 110% MISCELLANEOUS 8,350 3,417 8,633 (283) 103% $ 1,244,805 S 722,494 $ 857,653 $ 387,152 69% CITY ATPO RNEY PROFESSIONAL SERVICES $ 889,560 $ 552,195 $ 583,806 $ 305,754 66% $ 889,560 $ 552,195 $ 583,806 $ 305,754 66% NON -DEPARTMENTAL SALARIES $ 101,750 $ - $ - $ 101,750 0% BENEFITS -UNEMPLOYMENT 40,000 8,709 28,264 11,736 71% SUPPLIES 5,000 679 2,744 2,256 55% PROFESSIONAL SERVICES 10,666,114 297,568 7,148,596 3,517,518 67% EXCISE TAXES 6,500 3,534 3,947 2,553 61% RENTAL/LEASE 10,538 7,579 8,384 2,154 80% INSURANCE 431,095 437,253 436,448 (5,353) 101% MISCELLANEOUS 69,614 49,695 50,853 18,761 73% INTERGOVT SERVICES - 6,269,849 - - 0% ECA LOAN PAYMENT 75,000 403,135 75,000 - 100% INTERFUND SUBSIDIES 1,953,108 779,625 625,579 1,327,529 32% LAND - 4,884 - - 0% GENERAL OBLIGATION BOND 183,710 - - 183,710 0% INTEREST ON LONG-TERM DEBT 14,050 10,576 7,023 7,027 50% FISCAL AGENT FEES 500 500 0% $ 13,556,979 $ 8,273,085 $ 8,386,837 $ 5,170,142 62% Q 14 Packet Pg. 111 I 6.4.a I Page 3 of 4 C ITY O F EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining %Spent PO LIC E S ERVIC ES SALARIES $ 6,916,238 $ 4,166,771 $ 4,359,837 $ 2,556,401 63% OVERTIME 454,780 412,239 495,563 (40,783) 109% HOLIDAY BUYBACK 250,491 4,268 8,449 242,042 3% BENEFITS 2,549,180 1,642,254 1,739,502 809,678 68% UNIFORMS 80,250 51,063 72,254 7,996 90% SUPPLIES 86,500 53,638 69,610 16,890 80% SMALL EQUIPMENT 191,079 19,783 92,634 98,445 48% PROFESSIONAL SERVICES 141,770 78,467 138,078 3,692 97% COMMUNICATIONS 32,000 26,631 25,451 6,549 80% TRAVEL 29,310 14,887 24,601 4,709 84% RENTAL/LEASE 920,851 653,564 610,844 310,007 66% REPAIR/MAINTENANCE 15,120 6,314 4,157 10,963 27% MISCELLANEOUS 61,350 39,372 31,785 29,565 52% INTERGOVERNMENTAL SERVICES - 4,259 - - 0% MACHINERY/EQUIPMENT 59,284 0% $ 11,728,919 $ 7,232,795 $ 7,672,764 $ 4,056,155 65% COMMUNITY S ERVIC ES /EC O N DEV. SALARIES $ 261,255 $ 157,168 $ 174,396 $ 86,859 67% BENEFITS 78,283 49,453 54,868 23,415 70% SUPPLIES 7,000 6,335 6,280 720 90% SMALL EQUIPMENT 800 - - 800 0% PROFESSIONAL SERVICES 244,400 146,060 127,565 116,835 52% COMMUNICATIONS 1,490 808 892 598 60% TRAVEL 2,000 746 - 2,000 0% RENTAL/LEASE 13,004 8,082 7,628 5,376 59% REPAIR/MAINTENANCE 500 - - 500 0% MISCELLANEOUS 9,500 3,613 3,937 5,563 41% $ 618,232 $ 372,264 $ 375,568 $ 242,664 61% DEVELOPMENT SERVICES/PLANNING SALARIES $ 1,665,849 $ 983,233 $ 1,085,910 $ 579,940 65% OVERTIME 1,300 16,789 6,581 (5,281) 506% BENEFITS 609,831 368,849 419,881 189,950 69% UNIFORMS 500 - - 500 0% SUPPLIES 17,100 6,964 6,865 10,235 40% SMALL EQUIPMENT 6,100 5,930 1,254 4,846 21% PROFESSIONAL SERVICES 993,161 227,775 193,433 799,728 19% COMMUNICATIONS 16,621 5,708 5,448 11,173 33% TRAVEL 5,500 2,583 8,153 (2,653) 148% RENTAL/LEASE 143,236 104,147 95,329 47,907 67% REPAIRS & MAINTENANCE 6,800 15 596 6,204 9% MISCELLANEOUS 54,060 18,888 24,336 29,725 45% $ 3,520,058 $ 1,740,882 $ 1,847,785 $ 1,672,273 52% ENGINEERING SALARIES $ 1,720,176 $ 949,761 $ 1,164,318 $ 555,858 68% OVERTIME 8,300 4,968 4,695 3,605 57% BENEFITS 678,356 391,147 472,751 205,605 70% UNIFORMS 450 - - 450 0% SUPPLIES - - 32 (32) 0% SMALL EQUIPMENT 2,200 3,645 - 2,200 0% PROFESSIONAL SERVICES 53,840 14,587 1,848 51,992 3% COMMUNICATIONS 16,625 9,569 9,448 7,177 57% TRAVEL 600 89 585 15 98% RENTAL/LEASE 123,023 79,169 81,080 41,943 66% REPAIR/MAINTENANCE 2,600 - - 2,600 0% MISCELLANEOUS 79,450 40,838 46,327 33,123 58% $ 2,685,620 $ 1,493,771 $ 1,781,083 $ 904,537 66% O C. d C O C LL t C O 2 O O N N 3 3 Q 15 Packet Pg. 112 Page 4 of 4 C ITY OF EDMO NDS EXPENDITURES - GENERAL FUND - BY DEPARTMENT IN DETAIL 2019 Amended 8/31/2018 8/31/2019 Amount Title Budget Expenditures Expenditures Remaining % Spent PARKS & REC REATIO N SALARIES $ 2,123,618 $ 1,266,654 $ 1,388,907 $ 734,711 65% OVERTIME 10,000 9,691 19,306 (9,306) 193% BENEFITS 796,394 479,870 528,712 267,682 66% UNIFORMS 6,275 2,583 5,114 1,161 81% SUPPLIES 125,090 96,671 108,431 16,659 87% SMALL EQUIPMENT 9,500 5,161 2,639 6,861 28% PROFESSIONAL SERVICES 674,820 231,447 227,456 447,364 34% COMMUNICATIONS 30,820 19,734 12,841 17,979 42% TRAVEL 5,170 1,566 4,241 929 82% RENTAL/LEASE 268,539 178,687 188,636 79,903 70% PUBLIC UTILITY 175,338 128,349 130,682 44,656 75% REPAIR/MAINTENANCE 29,700 3,315 22,555 7,145 76% MISCELLANEOUS 98,110 48,030 65,814 32,296 67% INTERGOVERNMENTAL SERVICES - 43,872 - - 0% MACHINERY/EQUIPMENT - 20,875 - 0% CONST RUCT ION PROJECTS 10,494 - - 10,494 0% $ 4,363,868 $ 2,536,505 S 2,705,334 $ 1,658,534 62% PUBLIC WORKS SALARIES OVERTIME BENEFITS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINTENANCE MISCELLANEOUS FACILITIES MAINTENANCE SALARIES OVERTIME BENEFITS UNIFORMS SUPPLIES SMALL EQUIPMENT PROFESSIONAL SERVICES COMMUNICATIONS TRAVEL RENT AL/LEASE PUBLIC UTILITY REPAIR/MAINTENANCE MISCELLANEOUS TOTAL GENERAL FUND EXPENDITURES $ 369,334 $ 184,004 $ 195,055 $ 174,279 53% 200 - 339 (139) 169% 129,196 66,783 69,520 59,676 54% 8,600 2,138 3,311 5,289 38% 1,000 - 2,115 (1,115) 212% 200 68 60 140 30% 1,350 443 442 908 33% 500 - 1,427 (927) 285% 91,193 80,695 59,990 31,203 66% 3,007 1,720 1,947 1,060 65% 1,000 - - 1,000 0% 4,900 290 735 4,165 15% $ 610,480 $ 336,142 $ 334,941 $ 275,539 55% 754,619 479,696 508,023 246,596 67% 7,500 3,987 5,219 2,281 70% 310,160 203,052 224,815 85,345 72% 3,000 4,116 4,247 (1,247) 142% 87,000 67,383 112,264 (25,264) 129% 3,000 1,470 2,658 342 89% 940,940 23,298 76,296 864,644 8% 16,000 11,287 13,185 2,815 82% 1,000 - 6 994 1% 59,730 44,048 36,767 22,963 62% 282,280 195,327 202,137 80,143 72% 444,500 102,313 297,532 146,968 67% 5,000 34 2,808 2,192 56% $ 2,914,729 $ 1,136,010 $ 1,485,955 $ 1,428,774 51% $ 45,369,117 $ 26,305,714 $ 27,987,234 $ 17,381,883 62% O C. d C O C LL t C O 2 CD O N N 3 7 Q 16 Packet Pg. 113 I 6.4.a I City of Edmonds, WA Monthly Revenue Summary -General Fund 2019 General Fund Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance % January $ 2,295,880 $ 2,295,880 $ 2,397,678 4.43% February 5,523,107 3,227,227 4,685,465 -15.17% March 8,281,432 2,758,324 7,046,230 -14.92% April 12,089,929 3,808,497 10,236,291 -15.33% May 20,820,352 8,730,423 18,888,974 -9.28% June 23,394,651 2,574,300 21,254,387 -9.15% July 25,781,031 2,386,380 23,534,511 -8.71% August 28,594,858 2,813,827 26,334,930 -7.90% September 30,993,453 2,398,595 October 34,197,825 3,204,372 November 43,104,777 8,906,952 December 45,663,544 2,558,767 City of Edmonds, WA Monthly Revenue Summary -Real Estate Excise Tax 2019 Real Estate Excise Tax 1 & 2 Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals % January $ 239,174 $ 239,174 $ 206,702 -13.58% February 426,584 187,410 316,468 -25.81% March 648,598 222,013 530,155 -18.26% April 866,924 218,326 723,280 -16.57% May 1,118,366 251,442 997,047 -10.85% June 1,392,391 274,025 1,295,229 -6.98% July 1,790,060 397,669 1,573,817 -12.08% August 2,111,970 321,910 1,854,919 -12.17% September 2,410,481 298,511 October 2,651,152 240,672 November 2,897,726 246,573 December 3,080,000 182,274 *The monthly budget forecast columns are based on a five-year average. Q 17 Packet Pg. 114 1 I 6.4.a I SALES TAX SUMMARY Sales Tax Analysis By Category Current Period: August 2019 Year -to -Date Total $5,569,038 Automotive Repair, Health &Personal Care, $130,790 $180,941 Amusement & Construction Trade, Recreation, $60,311 $951,435 Business Services, Accodation, $518,289 $27,840 Gasoline, $23,254 Clothing and Accessories,$177,084 Retail Food Stores, Communications, $215,807 $152,795 LRetail Automotive, Wholesale Trade, $1,255,811 $147,086 I Manufacturing, $58,500 Misc Retail, $866,169 Others, $100,437 Eating & Drinking, $702,491 ILM Annual Sales Tax Revenue 10,000,000 $8,406,296 7 395 114 8,000,000 $6,741,838 $6,905,122 $5,840,764 55,569.038 6,000,000 4,000,000 2,000,000 0 2014 2015 2016 2017 2018 YTD 2019 0 CL 0 U c M c ii t 0 a rn 0 N a+ N 7 Q Packet Pg. 115 1 I 6.4.a I City of Edmonds, WA Monthly Revenue Summary -Sales and Use Tax 2019 Sales and Use Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 583,740 $ 583,740 $ 665,493 14.01% February 1,326,812 743,072 1,464,443 10.37% March 1,890,823 564,012 2,088,425 10.45% April 2,418,442 527,618 2,636,953 9.04% May 3,087,512 669,070 3,384,424 9.62% June 3,695,140 607,628 4,072,013 10.20% July 4,344,323 649,183 4,772,526 9.86% August 5,056,215 711,892 5,569,038 10.14% September 5,734,922 678,707 October 6,438,793 703,871 November 7,175,252 736,459 December 7,825,000 649,748 Gas Utility Tax Sales and Use Tax 9,000,000 8,000,000 Ae 7,000,000 6,000,000 5,000,000 4,000,000 3,000,000 / 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*--Current Year Budget � Prior Year City ofEdmonds, WA Monthly Revenue Summary -Gas Utility Tax 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 92,468 $ 92,468 $ 67,644 -26.85% February 188,382 95,914 140,257 -25.55% March 270,480 82,098 229,186 -15.27% April 338,414 67,935 300,757 -11.13% May 391,853 53,439 350,940 -10.44% June 429,417 37,564 383,777 -10.63% July 458,287 28,870 408,935 -10.77% August 482,130 23,843 431,845 -10.43% September 504,337 22,207 October 530,073 25,736 November 567,790 37,717 December 626,600 58,810 Gas Utility Tax 700,000 600,000 500,000 - 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget Prior Year *The monthly budget forecast columns are based on a five-year average. F O CL d O C C LL t C O 2 O O N r to M 3 Q 19 Packet Pg. 116 I 6.4.a I City of Edmonds, WA Monthly Revenue Summary -Telephone Utility Tax 2019 Telephone Utility Tax Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 90,093 $ 90,093 $ 83,102 -7.76% February 180,099 90,007 153,757 -14.63% March 261,769 81,670 220,849 -15.63% April 347,309 85,539 292,121 -15.89% May 425,673 78,364 358,213 -15.85% June 504,828 79,155 424,559 -15.90% July 580,361 7S,533 490,940 -15.41% August 657,995 77,634 552,758 -15.99% September 738,345 80,350 October 815,639 77,294 November 889,278 73,638 December 967,200 77,922 Electric Utility Tax Telephone Utility Tax 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Yeaz Budget � Prior Year City of Edmonds, WA Monthly Revenue Summary -Electric Utility Tax 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 180,392 $ 180,392 $ 171,454 -4.96% February 374,176 193,784 364,048 -2.71% March 542,795 168,619 526,085 -3.08% April 717,960 175,165 720,176 0.31% May 863,822 145,862 864,392 0.07% June 985,603 121,781 983,768 -0.19% July 1,101,208 11S,604 1,094,206 -0.64% August 1,212,283 111,075 1,202,728 -0.79% September 1,323,362 111,080 October 1,439,932 116,570 November 1,562,550 122,618 December 1,691,300 128,750 Electric Utility Tax 1,800,000 1,600,000 1,400,000 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -0-- Current Year Budget - Prior Year *The monthly budget forecast columns are based on a five-year average. O O. d w C C LL t C O 2 O O N r In M 3 Q ZD Packet Pg. 117 L 6.4.a I City of Edmonds, WA Monthly Revenue Summary -Meter Water Sales 2019 Meter Water Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 742,059 $ 742,059 $ 725,472 -2.24% February 1,256,325 514,266 1,233,174 -1.84% March 1,990,166 733,842 1,973,669 -0.83% April 2,476,952 486,786 2,430,513 -1.87% May 3,203,262 726,310 3,109,907 -2.91% June 3,766,233 562,971 3,678,133 -2.34% July 4,657,894 891,661 4,614,133 -0.94% August 5,440,698 782,804 5,367,013 -1.3S% September 6,513,015 1,072,317 October 7,251,320 738,305 November 8,101,309 849,989 December 8,624,564 523,255 City of Edmonds, WA Monthly Revenue Summary -Storm Water Sales 2019 Storm Water Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 322,033 $ 322,033 $ 317,727 -4.96% February 1,017,422 695,389 1,006,134 -2.71% March 1,338,925 321,503 1,323,366 -3.08% April 1,623,949 285,024 1,605,082 0.31% May 1,945,558 321,609 1,923,272 0.07% June 2,231,420 285,862 2,204,539 -0.19% July 2,553,731 322,311 2,523,469 -1.19% August 3,249,585 695,854 3,211,601 -1.17% September 3,570,469 320,884 October 3,855,506 285,037 November 4,177,408 321,902 December 4,462,767 285,359 Storm Water Sales 4,500,000 4,000,000 3,000,000 2,500,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC —*-- Current Yeaz Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. F O sZ d C C LL t C O 2 to O N r to M 3 Q 21 Packet Pg. 118 I 6.4.a I City of Edmonds, WA Monthly Revenue Summary- Unmeter Sewer Sales 2019 Unmeter Sewer Sales Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 764,057 $ 764,057 $ 766,027 0.26% February 1,382,019 617,962 1,384,500 0.18% March 2,141,223 759,204 2,149,907 0.41% April 2,762,974 621,752 2,770,969 0.29% May 3,530,212 767,237 3,534,965 0.13% June 4,158,923 628,711 4,166,664 0.19% July 4,943,476 784,553 4,976,361 0.67% August 5,570,113 626,637 5,610,350 0.72% September 6,371,750 801,637 October 7,005,968 634,218 November 7,783,039 777,071 December 8,408,534 625,495 Umneter Sewer Sales 9,000,000 8,000,000 7,000,000 6,000,000 5,000,000 — 4,000,000 3,000,000 2,000,000 1,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Year Budget - Prior Year *The monthly budget forecast columns are based on a five-year average. O CL d fC U a M C_ LL t a+ C O r O N a+ In 7 7 Q 22 Packet Pg. 119 I 6.4.a I City of Edmonds, WA Monthly Expenditure Report -General Fund 2019 General Fund Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 5,301,966 $ 5,301,966 $ 4,237,264 -20.08% February 8,095,686 2,793,720 7,405,291 -8.53% March 11,574,959 3,479,273 10,663,247 -7.88% April 15,885,291 4,310,332 13,957,552 -12.14% May 18,518,241 2,632,950 17,357,697 -6.27% June 22,703,062 4,184,822 21,172,989 -6.74% July 26,245,267 3,542,205 24,687,211 -5.94% August 30,405,016 4,159,749 27,987,234 -7.95% September 33,808,470 3,403,454 October 36,957,132 3,148,663 November 41,278,406 4,321,274 December 45,369,117 4,090,711 City ofEdmonds, WA Monthly Expenditure Report -Non -Departmental 2019 Non -Departmental Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 2,586,468 $ 2,586,468 $ 1,939,971 -25.00% February 3,013,532 427,064 2,801,406 -7.04% March 4,041,004 1,027,471 3,658,670 -9.46% April 5,661,728 1,620,724 4,478,257 -20.90% May 5,936,842 275,114 5,383,743 -9.32% June 7,529,862 1,593,020 6,729,909 -10.62% July 8,430,518 900,656 7,577,784 -10.11% August 9,710,604 1,280,086 8,386,837 -13.63% September 10,511,285 800,681 October 11,101,008 589,723 November 12,475,676 1,374,668 December 13,556,979 1,081,303 Non -Departmental 14,000,000 12,000,000 10,000,000 - 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �*— Current Year Budget —Rh— Prior Year *The monthly budget forecast columns are based on a five-year average. F O CL lv w C C LL t C O 2 O O N r to M 3 Q 23 Packet Pg. 120 I 6.4.a I City of Edmonds, WA Monthly Expenditure Report -City Council 2019 City Council Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 33,242 $ 33,242 $ 22,406 -32.60% February 67,679 34,437 46,519 -31.27% March 108,293 40,614 82,908 -23.44% April 146,970 38,677 112,983 -23.13% May 192,734 45,764 158,489 -17.77% June 249,677 56,943 206,635 -17.24% July 291,121 41,444 236,230 -18.86% August 344,100 52,980 279,741 -18.70% September 390,241 46,141 October 420,141 29,900 November 464,736 44,595 December 508,651 43,915 City of Edmonds, WA Monthly Expenditure Report -Office of Mayor 2019 Office of Mayor Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 24,108 $ 24,108 $ 24,303 0.81% February 49,562 25,454 47,727 -3.70% March 73,857 24,295 72,221 -2.21% April 98,624 24,767 97,904 -0.73% May 122,830 24,206 123,018 0.15% June 146,929 24,099 146,522 -0.28% July 171,908 24,979 171,743 -0.10% August 197,139 25,231 197,457 0.16% September 221,850 24,711 October 246,137 24,287 November 270,260 24,123 December 296,155 25,895 Office of Mayor 300,000.00 250,000.00 200,000.00 150,000.00 100,000.00 50,000.00 0.00 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --0-CurrentYeaz Budget •PriorYeaz *The monthly budget forecast columns are based on a five-year average. Q 24 Packet Pg. 121 I 6.4.a I City of Edmonds, WA Monthly Expenditure Report -Human Resources 2019 Human Resources Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance % January $ 46,632 $ 46,632 $ 48,901 4.87% February 97,790 51,158 81,030 -17.14% March 148,537 50,747 116,157 -21.80% April 189,740 41,203 156,727 -17.40% May 236,212 46,472 194,001 -17.87% June 282,909 46,697 289,770 2.42% July 332,296 49,387 309,918 -6.73% August 380,431 48,135 351,814 -7.52% September 426,855 46,424 October 471,872 45,017 November 519,709 47,838 December 590,331 70,622 Municipal Court Human Resources 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAX JUN JUL AUG SEP OCT NOV DEC --W-Current Yeaz Budget Prior Year City of Edmonds, WA Monthly Expenditure Report -Municipal Court 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 87,580 $ 87,580 $ 70,858 -19.09% February 182,357 94,777 140,956 -22.70% March 280,184 97,826 219,779 -21.56% April 371,181 90,997 305,139 -17.79% May 465,663 94,482 410,401 -11.87% June 556,434 90,771 481,931 -13.39% July 647,960 91,526 571,406 -11.81% August 746,132 98,173 653,110 -12.47% September 839,518 93,386 October 939,927 100,409 November 1,035,295 95,368 December 1,143,210 107,915 Municipal Court 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*--Current Year Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. F O O. d w O C C LL t C O 2 O O N r (A M 3 Q 25 Packet Pg. 122 I 6.4.a I City of Edmonds, WA Monthly Expenditure Report -Community Services/Economic Development 2019 Community Services/Economic Development Cumulative Monthly YTD Variance Budget Forecast Budget Forecast Actuals January $ 38,544 $ 38,544 $ 39,270 1.88% February 82,051 43,507 92,749 13.04% March 130,166 48,114 132,003 1.41% April 191,996 61,831 181,514 -5.46% May 233,127 41,130 232,851 -0.12% June 277,966 44,839 270,544 -2.67% July 323,762 45,796 327,582 1.18% August 379,014 55,252 375,568 -0.91% September 428,169 49,155 October 483,157 54,989 November 542,833 59,676 December 618,232 75,399 City Clerk Community Services/Economic Development 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget -0-- Prior Year City of Edmonds, WA Monthly Expenditure Report -City Clerk 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 65,733 $ 65,733 $ 70,355 7.03% February 122,685 56,951 128,177 4.48% March 179,342 56,657 178,301 -0.58% April 238,336 58,994 243,367 2.11% May 294,865 56,529 291,090 -1.28% June 347,441 52,576 343,911 -1.02% July 403,846 56,405 419,675 3.92% August 465,609 61,763 473,386 1.67% September 518,411 52,802 October 576,979 58,567 November 636,947 59,969 December 697,520 60,573 City Clerk 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. O CL tv FY O U C C LL t C O to O N r (A M 3 Q 26 Packet Pg. 123 I 6.4.a I City of Edmonds, WA Monthly Expenditure Report -Technology Rental Fund 2019 Technology Rental Fund Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 119,026 $ 119,026 $ 157,010 31.91% February 251,357 132,331 215,707 -14.18% March 324,740 73,383 320,177 -1.41% April 392,021 67,281 370,014 -5.61% May 467,013 74,992 415,102 -11.12% June 544,834 77,821 468,592 -13.99% July 636,126 91,293 530,899 -16.54% August 741,673 105,546 608,516 -17.95% September 844,676 103,003 October 920,609 75,933 November 998,506 77,896 December 1,179,911 181,405 Finance Technology Rental Fund 1,200,000 1,000,000 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Yeaz Budget � Prior Year City of Edmonds, WA Monthly Expenditure Report -Finance 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 137,055 $ 137,055 $ 128,270 -6.41% February 232,763 95,708 224,119 -3.71% March 329,813 97,051 319,388 -3.16% April 427,554 97,741 418,398 -2.14% May 526,278 98,724 515,266 -2.09% June 622,509 96,231 612,381 -1.63% July 720,263 97,754 758,552 5.32% August 819,641 99,378 857,653 4.64% September 931,887 112,246 October 1,040,480 108,592 November 1,141,414 100,935 December 1,244,805 103,391 Finance 1,400,000 1,200,000 1,000,000 - 800,000 600,000 400,000 200,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget --&- Prior Year *The monthly budget forecast columns are based on a five-year average. F O CL lv w C C LL t C O 2 O O N r to M 3 Q 27 Packet Pg. 124 I 6.4.a I City of Edmonds, WA Monthly Expenditure Report -City Attorney 2019 City Attorney Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 74,130 $ 74,130 $ 47,964 -35.30% February 148,260 74,130 126,678 -14.56% March 222,390 74,130 222,683 0.13% April 296,520 74,130 294,517 -0.68% May 370,650 74,130 366,531 -1.11% June 444,780 74,130 415,167 -6.66% July 518,910 74,130 510,871 -1.55% August 593,040 74,130 583,806 -1.56% September 667,170 74,130 October 741,300 74,130 November 815,430 74,130 December 889,560 74,130 Police City Attorney 900,000 800,000 700,000 600,000 500,000 400,000 300,000 200,000 100,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*-- Current Year Budget � Prior Year City of*Edmonds, WA Monthly Expenditure Report -Police 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 920,277 $ 920,277 $ 927,983 0.84% February 1,860,808 940,531 1,815,042 -2.46% March 2,787,770 926,962 2,786,780 -0.04% April 3,724,324 936,554 3,763,317 1.05% May 4,658,355 934,031 4,729,460 1.53% June 5,621,223 962,868 5,802,457 3.22% July 6,560,289 939,066 6,779,466 3.34% August 7,489,793 929,504 7,672,764 2.44% September 8,432,902 943,109 October 9,480,410 1,047,508 November 10,742,210 1,261,800 December 11,728,919 986,709 Police 12,000,000 10,000,000 8,000,000 6,000,000 4,000,000 2,000,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC Current Year Budget �PriorYear *The monthly budget forecast columns are based on a five-year average. F O CL lv w O C C LL 21 t C O 2 to O N r (A M 3 Q Z$ Packet Pg. 125 ■ 6.4.a I City of Edmonds, WA Monthly Expenditure Report -Development Services 2019 Development Services Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 240,077 $ 240,077 $ 212,448 -11.51% February 509,303 269,226 434,026 -14.78% March 785,478 276,175 663,134 -15.58% April 1,060,727 275,249 924,696 -12.82% May 1,359,408 298,682 1,154,831 -15.05% June 1,638,456 279,048 1,357,577 -17.14% July 1,926,415 287,958 1,619,998 -15.91% August 2,240,771 314,356 1,847,785 -17.54% September 2,538,693 297,923 October 2,844,956 306,262 November 3,167,785 322,829 December 3,520,058 352,273 Parks & Recreation Development Services 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --0- Current Yeaz Budget � Prior Year City ofEdmonds, WA Monthly Expenditure Report -Parks & Recreation 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance January $ 294,648 $ 294,648 $ 280,923 -4.66% February 597,710 303,062 588,578 -1.53% March 920,860 323,150 888,876 -3.47% April 1,251,978 331,118 1,209,937 -3.36% May 1,601,289 349,311 1,554,647 -2.91% June 1,948,015 346,726 1,882,379 -3.37% July 2,398,497 450,482 2,296,893 -4.24% August 2,932,285 533,787 2,705,334 -7.74% September 3,330,718 398,433 October 3,678,533 347,815 November 3,980,987 302,454 December 4,363,868 382,881 Parks & Recreation 4,500,000 4,000,000 3,500,000 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC +Current Yeaz Budget -d-- Prior Yeaz *The monthly budget forecast columns are based on a five-year average. O CL d w C 10 C_ LL t C O 2 O O N r to 7 3 Q 29 Packet Pg. 126 I 6.4.a I City of Edmonds, WA Monthly Expenditure Report -Public Works 2019 Public Works Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 50,384 $ 50,384 $ 39,815 -20.98% February 102,273 51,889 80,023 -21.76% March 153,446 51,173 120,273 -21.62% April 204,598 51,153 161,804 -20.92% May 255,170 50,572 203,614 -20.20% June 306,227 51,057 247,950 -19.03% July 357,744 51,517 293,893 -17.85% August 407,869 50,125 334,941 -17.88% September 456,744 48,874 October 506,690 49,946 November 556,681 49,991 December 610,480 53,799 Facilities Maintenance Public Works 700,000 600,000 500,000 400,000 300,000 200,000 100,000 i 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC � Current Yeaz Budget -0-- Prior Year City of Edmonds, WA Monthly Expenditure Report -Facilities Maintenance 2019 Cumulative Monthly Budget Forecast Budget Forecast YTD Actuals Variance % January $ 228,301 $ 228,301 $ 172,786 -24.32% February 457,666 229,364 382,230 -16.48% March 700,969 243,303 576,136 -17.81% April 931,712 230,743 768,024 -17.57% May 1,165,903 234,191 954,705 -18.11% June 1,378,275 212,372 1,086,185 -21.19% July 1,646,299 268,024 1,253,953 -23.83% August 1,872,892 226,592 1,485,955 -20.66% September 2,123,872 250,981 October 2,374,954 251,082 November 2,628,848 253,894 December 2,914,729 285,881 Facilities Maintenance 3,000,000 2,500,000 2,000,000 1,500,000 1,000,000 500,000 0 JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -*--Current Year Budget � Prior Year *The monthly budget forecast columns are based on a five-year average. F O CL lv w O C C LL t C O to O N r (A M 3 Q 30 Packet Pg. 127 I 6.4.a I City of Edmonds, WA Monthly Expenditure Report -Engineering 2019 Engineering Cumulative Budget Forecast Monthly Budget Forecast YTD Actuals Variance January $ 199,012 $ 199,012 $ 211,009 6.03% February 397,302 198,290 416,031 4.71% March 613,115 215,813 625,938 2.09% April 835,389 222,274 840,970 0.67% May 1,053,506 218,118 1,085,050 2.99% June 1,284,814 231,308 1,299,672 1.16% July 1,508,283 223,469 1,559,250 3.38% August 1,747,325 239,041 1,781,083 1.93% September 1,974,318 226,993 October 2,206,759 232,441 November 2,431,557 224,798 December 2,685,620 254,063 *The monthly budget forecast columns are based on a five-year average. O Q d fC U C M C LL t a+ C O r O N a+ N 7 7 Q 31 Packet Pg. 128 I 6.4.a I INVESTMENT PORTFOLIO SUMMARY City of Edmonds Investment Portfolio Detail As of August 31, 2019 Years Agency/ Investment Purchase to Par Market Maturity Coupon Issuer Type Price Maturity Value Value Date Rate FNMA Bonds 988,720 0.07 1,000,000 999,589 09/27/19 1.50% FHLMC Bonds 995,970 0.09 1,000,000 999,240 10/02/19 1.25% FNMA Bonds 1,994,310 0.16 2,000,000 1,997,814 10/28/19 1.35% FNMA Bonds 997,300 0.58 1,000,000 996,497 03/30/20 1.38% FHLB Bonds 2,003,780 0.58 2,000,000 1,994,436 03/30/20 1.45% FNMA Bonds 2,000,000 0.58 2,000,000 1,997,468 03/30/20 1.65% FHLMC Bonds 2,003,868 0.66 2,000,000 1,992,874 04/28/20 1.35% FNMA Bonds 1,000,000 0.83 1,000,000 997,291 06/30/20 1.38% FNMA Bonds 1,000,000 0.83 1,000,000 997,291 06/30/20 1.38% FHLB Bonds 3,000,000 0.87 3,000,000 2,980,719 07/13/20 1.20% RFCS Bonds 1,999,698 0.87 2,120,000 2,087,021 07/15/20 1.60% FHLB Bonds 2,000,000 0.92 2,000,000 1,998,616 07/30/20 1.75% FNMA Bonds 1,000,000 0.99 1,000,000 995,455 08/28/20 1.40% FNMA Bonds 1,000,000 0.99 1,000,000 995,455 08/28/20 1.40% FHLMC Bonds 999,500 1.33 1,000,000 997,625 12/30/20 1.75% FNMA Bonds 2,005,474 1.39 2,000,000 1,996,974 01/19/21 1.50% FM Bonds 2,000,000 1.59 2,000,000 2,000,330 04/01/21 1.87% First Financial CD 3,000,000 1.61 3,000,000 3,000,000 04/10/21 2.86% FFCB Bonds 968,940 2.04 1,000,000 1,000,008 09/13/21 1.73% FHLMC Bonds 2,000,000 2.24 2,000,000 2,001,852 11/26/21 2.13% FHLMC Bonds 999,400 2.33 1,000,000 1,000,266 12/30/21 2.00% FHLMC Bonds 1,000,000 2.49 1,000,000 1,000,121 02/25/22 2.15% FFCB Bonds 1,998,548 2.79 2,000,000 2,017,904 06/14/22 1.88% FHLB Bonds 1,999,652 3.10 2,000,000 2,000,566 10/04/22 2.26% First Financial CD 2,803,516 4.21 2,803,516 2,803,516 11/15/23 2.10% TOTAL SECURITIES 41,758,677 1.37 41,923,516 41,848,928 Washington State Local Gov't Investment Pool TOTAL PORTFOLIO Issuer Diversification First Financial - CD, 14% FNMA, 29% RFCS, 5% FHLMC, 19% FM, 5%-- FHLB, 219/c 20,073,252 20,073,252 Demand 2.29% $ 61,996,768 $ 61,922,180 Cash and Investment Balances (in $ Millions) Checking, $2.1 , 3% Aid State LGIP, Bonds, $20.1, 31% $36.1, 57% CD's, $5.8, 9% 32 Packet Pg. 129 1 I 6.4.a I INVESTMENT PORTFOLIO SUMMARY Annual Interest Income $1,000, 000 917,754 $843,146 $800,000 $653,690 $600,000 $423,816 $400,000 335 926 $200,000 163 214 $- J1,7 2015 2017 2018 YTD 2019 Edmonds Rate of Return Compared to Benchmark (Rolling 12 months) — - - 6 Month Treasury Rate (Benchmark) City Blended Rate 2.8 % — 2.5%--—-—— - - - - -- --- 2.3 2.0 1.8% - 1.5 1.3% 1.0% 0.8% 0.5% 0.3% 0.0 % T� September November January March May July $20,000,000 $15, 000,000 $10, 000,000 $ 5,000, 000 Maturity Distribution and Rate of Return -0 1 ■ 0-6 Mo 6-12 M o 12-18 M o 18-24 M o 24-30 M o 30-36 M o 36-42 M o 42-48 M o 48-54 M o 2.50% 2.00% 1.50% 1.00% 0.50% 0.00% a 33 Packet Pg. 130 6.4.a GENERAL FUND OVERVIEW FUND BALANCES CHANGE IN FUND BALANCES GENERAL FUND & SUBFUNDS ---- ACTUAL ---- ---- ACTUAL ---- 12/31 /2018 6/30/2019 8/31 /2019 Q2 YTD 001-General Fund $ 11,233,279 $ 11,314,677 $ 9,580,975 $ 81,398 $ (1,652,30, 0 CL 009-Leoff-Medical Ins. Reserve 333,446 322,893 252,007 (10,553) (81,43f 011-Risk Management Reserve Fund 929,909 929,909 929,909 - - 012-ContingencyReserve Fund 5,564,259 5,564,259 5,564,259 - - 0 014-Historic Preservation Gift Fund 12,607 9,574 9,574 (3,033) (3,03: S LL 016-Building Maintenance 210,221 210,221 210,221 - - >+ t 017 - Marsh Restoration & Preservation 309,179 589,366 589,366 280,187 280,18-1 018 -Edmonds Homelessness Response 225,443 223,581 223,581 (1,862) (1,86. 019 - Edmonds Opioid Response 250,000 150,000 150,000 (100,000) (100,00( 0 Total General Fund & Subfunds $ 19,068,343 $ 19,314,480 $ 17,509,892 $ 246,137 $ (1,558,45- r N 7 7 a *$2,000,000 of the General Fund Balance has been assigned by management for the development of Civic Field. 1` 0 Q. m U c 0 General Fund & Subfunds E ii 21 2' t 18 0 0 Z 15 ■ General Fund rn 12 & Subfunds r N c $17.07 $17.31 $15.51 ■ Civic Field — 9 a� ! 6 Q 3 ' $2.00 Dec 2018 June 2019 Aug 2019 r a *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 34 Packet Pg. 131 GOVERNMENTAL FUNDS OVERVIEW I 6.4.a I GOVERNMENTAL FUNDS General Fund & Subfunds Special Revenue Debt Service Capital Projects Total Governmental Funds FUND BALANCES ---- ACTUAL ---- 12/31 /2018 6/30/2019 8/31 /2019 $ 19,068,343 $ 19,314,480 $ 17,509,892 $ 9,524,488 10,488,603 10,360,006 12 18,894 30,680 2,209,542 2,751,230 2,697,330 $ 30,802,385 $ 32,573,207 $ 30,597,908 $ Governmental Fund Balances -By Fund Group 21 19.31 18 $17.51 15 C 12 0 .5 2 $10.3 6 9 6 3 $2.70 $0.00 $0.02 $0.03 Dec 2018 June 2019 Aug 2019 General Fund & Subfunds Special Revenue Debt Service --"Capital Projects CHANGE IN FUND BALANCES ---- ACTUAL ---- Q2 YTD 246,137 $ (1,558,45' 964,115 835,51E 18,882 30,66E a m 541,688 487,78E W ra 1,770,822 $ (204,471 Z M c ii 21 t 0 rn r O Governmental Fund Balances - N r Combined N 3 3 35 $32.57 30.80 30 25 H C 0 20 15 10 5 Dec 2018 June 2019 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. $30.60 Aug 2019 Q 35 Packet Pg. 132 SPECIAL REVENUE FUNDS OVERVIEW I 6.4.a I GOVERNMENTAL SPECIAL REVENUE 104 - Drug Enforcement Fund 111 - Street Fund 112 - Combined Street Const/Improve 117 - Municipal Arts Acquis. Fund 118 - Memorial Street Tree 120 - Hotel/Motel Tax Revenue Fund 121 -Employee Parking Permit Fund 122 - Youth Scholarship Fund 123 -Tourism Promotional Fund/Arts 125 - Real Estate Tax 2 * 126 - Real Estate Excise Tax 1 127 - Gifts Catalog Fund 130 - Cemetery Maintenance/Improvement 136 - Parks Trust Fund 137 - Cemetery Maintenance Trust Fund 138 - Sister City Commission 140 -Business Improvement Disrict [Total Revenue FUND BALANCES ---- ACTUAL ---- CHANGE IN FUND BALANCE; $ - $ 6,565 $ 8,012 $ 1,343,330 1,243,561 1,186,790 859,216 1,405,820 1,449,964 570,633 591,680 582,079 18,900 19,221 19,374 89,939 94,736 107,243 77,046 88,945 90,560 15,029 13,525 12,823 70,585 76,252 80,644 2,230,820 2,405,008 2,329,642 2,562,524 2,748,695 2,676,899 295,225 344,428 355,634 212,776 223,805 232,258 160,607 158,360 159,625 985,657 1,011,683 1,024,509 8,102 10,930 9,572 24,099 45,389 34,377 $ 9,524,488 $ 10,488,603 $ 10,360,006 $ ACTUAL 6,565 $ (99,769) 546,604 21,047 321 4,797 11,899 (1,504) 5,667 174,188 186,171 49,203 11,029 (2,247) 26,026 2,828 21,290 964,115 $ *$200,000 of the fund balance in Fund 125 has been reserved for Marsh Restoration Funding Special Revenue Funds 12 10 8,01, (156,54( 590,74! 11,44E 47, oo CL 17,30, � 13,51, (2,20E 'U 10,055 M 98,82, LL 114,37! >, 60,40E 19,48, 0 (98, 38,85, c 1,47( r 10,27! 835,517 Q 8 0 6 ■ Special $9 52 $10.49 $10.36 Revenue 4 2 Dec 2018 June 2019 Aug 2019 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 36 Packet Pg. 133 ENTERPRISE FUNDS OVERVIEW I 6.4.a I ENTERPRISE FUNDS 421 -Water Utility Fund 422 - Storm Utility Fund 423 - Sewer/WWTP Utility Fund 424 - Bond Reserve Fund 411 -Combined Utility Operation Total Enterprise Funds FUND BALANCES ---- ACTUAL ---- $ 21,205,815 $ 21,017,1 17 $ 21,499,706 $ 11,913,623 12,584,873 12,578,667 45,890,098 47,854,852 47,906,306 843,961 843,968 843,971 - 71,548 92,592 $ 79,853,497 $ 82,372,358 $ 82,921,242 $ CHANGE IN FUND ---- ACTUAL ---- (188,698) $ 671,250 1,964,754 7 71,548 2,518,861 $ *$250,000 of the Storm Utility Fund Balance has been reserved for Marsh Restoration Funding 50,000,000 45,000,000 40,000,000 35,000,000 30,000,000 25,000,000 20,000,000 15,000,000 10,000,000 5,000, 000 0 Enterprise and Agency Fund Balances as of August 31, 2019 Combined Utility Water Storm Sewer/WWTP 293,89' 665,04, 2,016,20t 1( to 92,59, 3,067,74! c M c ii 21 z 0 rn r O N a+ N 7 7 Q $158,577 Bond Reserve Firemen's Pension Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 37 Packet Pg. 134 SUMMARY OVERVIEW I 6.4.a I FUND BALANCES CITY-WIDE ---- ACTUAL ---- 12/31 /2018 6/30/2019 8/31 /2019 Governmental Funds $ 30,802,385 $ 32,573,207 $ 30,597,908 $ Enterprise Funds 79,853,497 82,372,358 82,921,242 Internal Services Fund 10,175,943 10,335,021 10,505,483 Agency Funds 217,698 171,858 158,577 Total City-wide Total $121,049,523 $125,452,444 $124,183,210 $ CHANGE IN FUND BALANCES ---- ACTUAL ---- Q2 YTD 1,770,822 $ (204,47, 2,518,861 3,067,74', 159,078 329,54( 0 (45,840) (59,12- m 4,402,921 $ 3,133,680 0 c 0 c ii t Governmental Fund Balances (Excluding General Fund) as of August 31, 2019 c Drug Enforcement Fund Street Fund Combined Street Const/Improve Fund Municipal Arts Acquis. Fund Memorial Street Fund Hotel/Motel Tax Revenue Fund Employee Parking Permit Fund Youth Scholarship Fund Tourism Promotional Fund/Arts Real Estate Excise Tax 2 Real Estate Excise Tax 1, Parks Acq Gifts Catalog Fund Cemetery Maintenance/Improvement Parks Trust Fund Cemetery Maintenance Trust Fund Sister City Commission Business Improvement District L.I.D. Fund Control Parks Capital Construction Fund $8,012 $1, $582,07 $19,374 I $107,2 3 1 $90,56 $12,823 $80,644 $ 155,634 $23 ,258 ■ $159, 25 $1,024 rn 0 i,790 N $1,449,964 y 3 3 Q 329,642 0 $2,67 ,899 $9,572 $34,377 $30,680 $2,6 7,330 $- $500,000 $1,000,000 $1,500,000 $2,000,000 $2,500,000 $3,000,000 $3,500,000 *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 38 Packet Pg. 135 INTERNAL SERVICE FUNDS OVERVIEW I 6.4.a I INTERNAL SERVICE FUNDS 511 - Equipment Rental Fund 512 -Technology Rental Fund Total Internal Service Funds 12,000,000 10,000,000 $9,552,485 6,000, 000 4,000, 000 2,000, 000 623,458 Dec 2018 FUND BALANCES ---- ACTUAL ---- 12/31 /2018 6/30/2019 8/31 /2019 $ 9,552,485 $ 9,627,633 $ 9,752,329 $ 623,458 707,388 753,154 $ 10,175,943 $ 10,335,021 $ 10,505,483 1 $ Internal Service Fund Balances $9,627,633 $9,752,329 June 2019 Aug 2019 CHANGE IN FUND BALANCES ---- ACTUAL ---- 0 Q2 YTD m W 75,148 $ 199,84, 83,930 129,69E c_ 159,078 $ 329,54E u_ 21 t 0 rn r O N r N 7 0 Q ■ 511-Equipment Rental Fund ■ 512-Technology Rental Fund *Please note that these revenues and expenses occur within annual cycles. This Interim Report is not adjusted for accruals or those annual cycles. 39 Packet Pg. 136 6.5 City Council Agenda Item Meeting Date: 10/15/2019 Proposed 2020 Budget Follow up Memo Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Follow Up Memo: This memo is a follow-up to the October 8th 2019 Council Meeting, where Mayor Earling presented the Proposed 2020 Budget. During the presentation, Mayor shared that Council's 2020 Budget Priorities are itemized on Decision Package Exhibit on page 27. The Decision Package Exhibit lists all the Decision Packages greater than $5,000 that are submitted for Council consideration. The list of the Decision Packages notes whether the Decision Package addresses a Council Priority. For example, the "New 1/2 FTE for Human Services Coordinator" decision package is intended to meet Council Priority #3. The Decision Package Exhibit is repeated after page 174 and is followed by staff responses as to how their 2020 Budget requests fulfill Council's 2020 Priorities. Decision Packages less than $5,000 follow Decision Packet #112 and are separated with the intent that staff will not present these to Council. However, this does not preclude Councilmembers from asking questions regarding these decision packages. Staff Recommendation Narrative Packet Pg. 137 6.6 City Council Agenda Item Meeting Date: 10/15/2019 ILA Verdant Health Commission - Outdoor Fitness Zones Amendment Staff Lead: ShannonBurley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History The City was awarded funding for two outdoor fitness zones from the Verdant Health Commission in 2019. The ILA was approved by Council 3/19/19. This is an amendment to that ILA extending the time allowed to construct the Mathay Ballinger Fitness area. Staff Recommendation Approve on consent, authorizing the Mayor to sign. Narrative The City has been planning to install Outdoor Fitness Zones in a few of our parks. This goal is part of the adopted PROS plan and CIP for the past several years. We applied for and received funding for those Outdoor Fitness Zones from the Verdant Health Commission. The funding will help the City install and activate an Outdoor Fitness Zone at Mathay Ballinger Park and Civic Park. Both projects are budgeted and slated to be constructed in 2020. This amendment extends the timeline to construct the Mathay Ballinger fitness zone to November 2020. The original contract and amendment are attached. Attachments: Amendment No. 1 to ILA Edmonds Fitness Zones 9.26.19_Final 2019.03.27 ILA with PHD2 (Verdant) -fully signed Civic Park Vicinity Map Outdoor Fitness Zone Mathay-Ballinger Park Outdoor Fitness Zone - Vicinity Map Packet Pg. 138 6.6.a AMENDMENT NO. 1 TO INTERLOCAL AGREEMENT TO PROVIDE A PHYSICAL ACTIVITY PROGRAM This Amendment No. 1 to that certain Interlocal Agreement between Public Hospital District No. 2 and the City of Edmonds to provide a physical activity program in Edmonds ("Agreement") dated May 8, 2019, is made by and between Public Hospital District No. 2, Snohomish County, Washington ("PHD2"), a public hospital district formed under Chapter 70.44 RCW and the City of Edmonds, a Washington municipal corporation (the "City"). WHEREAS, the timeline of the Agreement has changed due to unforeseen delays; and WHEREAS, Section 7.4 of the Agreement authorizes the parties to amend the Agreement with a written instrument signed by both parties; and WHEREAS, the parties to the Agreement agree that it is in the best interests of both to extend the timeline, including the timing of payments due under the Agreement; NOW, THEREFORE, for and in consideration of the mutual benefits conferred on both parties, the parties agree to Amendment No. 1 as follows: 1. Section 5 (Obligations of PHD2), subsection 5.1 of the Agreement is amended to read as follows: 5.1 PHD2 will fund the Physical Activity Program provided by the City of Edmonds in two payments: (a) An initial payment of Sixty -Two Thousand Two Hundred Fifty Dollars and No Cents ($62,250.00) on July 15, 2020; (b) A second and final payment of One Hundred Seven Thousand Seven Hundred Fifty Dollars and No Cents ($107,750.00) on July 15, 2021. 2. Section 6 (Obligations of the City of Edmonds), subsection 6.1 of the Agreement is amended to read as follows: 6.1 The funds provided by PHD2 will be used by the City of Edmonds solely to fund a portion of the cost of two outdoor fitness zones and other park improvements to encourage physical activity by area residents, as specified in the Application. The improvements described in the Application will be completed by the City of Edmonds no later than November 30, 2020 for Mathay Ballinger Park and by September 30, 2021 for Civic Park. The City of Edmonds will be solely responsible for ongoing maintenance of the outdoor fitness zones during the term of this Agreement. The project scope may be further developed and refined, but not substantially altered from the scope described in the Application without the prior written authorization of PHD2. 3. Section 6 (Obligations of the City of Edmonds), subsection 6.1 of the Agreement is amended to read as follows: #A319A PAGE 1 OF 2 Packet Pg. 139 6.6.a 6.5 The City of Edmonds will submit progress reports of activities carried out under the Program including summaries of outcomes and results and financial reports detailing use of the funds, according to the following schedule: Date due to PHD2 Type of report February 15, 2021 1 st annual report February 15, 2022 2nd annual report February 15, 2023 3rd annual report February 15, 2024 4th annual report EXCEPT AS EXPRESSLY MODIFIED IN THIS AMENDMENT NO. 1, ALL TERMS AND CONDITIONS OF THE AGREEMENT SHALL REMAIN IN FULL FORCE AND EFFECT. In witness whereof, the parties hereby execute this Amendment No. 1 to the Agreement, which will be effective as of the last date provided hereon. PUBLIC HOSPITAL DISTRICT NO.2 SNOHOMISH COUNTY, WASHINGTON Date: Robin Fenn, PhD, LICSW, Superintendent THE CITY OF EDMONDS Date: David O. Earling, Mayor ATTEST/AUTHENTICATED: Scott Passey, City Clerk. #A319A PAGE 2 OF 2 Packet Pg. 140 6.6.b INTERLOCAL AGREEMENT TO PROVIDE A PHYSICAL ACTIVITY PROGRAM This Agreement is made between Public Hospital District No. 2, Snohomish County, Washington and the City of Edmonds to provide a physical activity program in Edmonds. 1. PARTIES 1.1 Public Hospital District No. 2, Snohomish County, Washington ("PHD2"), a public hospital district formed under Chapter 70.44 RCW; and 1.2 The City of Edmonds, a Washington municipal corporation. 2. PURPOSE AND PROGRAM 2.1 The purpose of this Agreement is to enable the City of Edmonds to provide a physical activity program for the benefit of PHD2 residents (the "Physical Activity Program"). The scope of the Physical Activity Program is described in the City of Edmonds' grant application submitted on June 29, 2018 (attached hereto as Exhibit A (the "Application")). 2.2 As described in the Application, the Physical Activity Program will provide opportunities for area residents to improve their health by exercising in Edmonds Parks and the Program will accomplish this by installing exercise equipment called outdoor fitness zones at two parks and by providing free fitness classes using the equipment. 3. AUTHORITY 3.1 PHD2 is authorized under RCW 70.44.240 to "contract" with any "legal entity" to "provide any hospital or other health care facilities or other health care services to be used by individuals, districts, hospitals, or others, including providing health care maintenance services." RCW 70.44.007 defines "other health care services" to include "services that promote health, wellness, and prevention of illness and injury." 3.2 The City of Edmonds is a Washington municipal corporation. 4. TERM AND TERMINATION 4.1 The Agreement will begin on the date of the second signature on this Agreement. 4.2 The Agreement will end when the final reporting by the City of Edmonds is accepted and approved by PHD2 as described below. 5. OBLIGATIONS OF PHD2 5.1 PHD2 will fund the Physical Activity Program provided by the City of Edmonds in three payments: #A319 PAGE 1 OF 5 Packet Pg. 141 6.6.b (a) An initial payment of forty-nine thousand five hundred dollars and no cents ($49,500.00) on July 15, 2019; (b) A second payment of twelve thousand seven hundred fifty dollars and no cents ($12,750.00) on July 15, 2020; (c) A third and final payment of one hundred seven thousand seven hundred fifty dollars and no cents ($107,750.00) on July 15, 2021. 6. OBLIGATIONS OF THE CITY OF EDMONDS 6.1 The funds provided by PHD2 will be used by the City of Edmonds solely to fund a portion of the cost of two outdoor fitness zones and other park improvements to encourage physical activity by area residents, as specified in the Application. The improvements described in the Application will be completed by the City of Edmonds no later than November 30, 2019 for Mathay Ballinger Park and by September 30, 2021 for Civic Park. The City of Edmonds will be solely responsible for ongoing maintenance of the outdoor fitness zones during the term of this Agreement. The project scope may be further developed and refined, but not substantially altered from the scope described in the Application without the prior written authorization of PHD2. 6.2 As consideration for the participation of PHD2 in this Agreement, the City of Edmonds agrees to make the new park equipment available during the term of this Agreement for use to encourage the physical activity by residents and community groups and organizations that offer physical activity opportunities in the PHD2 service area. 6.3 To encourage use of the outdoor fitness zones, the City of Edmonds will will provide orientations for people to learn how to use the equipment and free classes for those people who would like to exercise in a group with an instructor. In addition, The City of Edmonds will partner with a vendor that can provide online instructions and a possible web app in order to provide additional instruction. 6.4 The City of Edmonds will measure the results of the Physical Activity Program, including the number participants in orientations and fitness classes, and through random counts of people at the parks. 6.5 The City of Edmonds will submit progress reports of activities carried out under the Program including summaries of outcomes and results and financial reports detailing use of the funds, according to the following schedule: Date due to PHD2 Type of report February 15, 2020 1 St annual report February 15, 2021 2nd annual report February 15, 2022 3rd annual re ort February 15, 2023 4" annual report #A319 PAGE 2 OF 5 Packet Pg. 142 6.6.b 6.6 The City of Edmonds will use the funds provided by PHD2 only for the Physical Activity Program and will return any portion of the payments that are not used for the Physical Activity Program by February 15, 2022. 6.7 The City of Edmonds recognizes that PHD2 is a public agency subject to audit by the Washington State Auditor. The City of Edmonds will provide PHD2 with any accessible information that PHD2 is requested to provide to the Washington State Auditor or otherwise required to provide to the State of Washington or to the Federal Government or pursuant to the Washington Public Records Act. 6.8 The City of Edmonds will comply with all local, state and federal laws including, if applicable, the federal Health Insurance Portability and Accountability Act ("HIPAA"). Furthermore, the City of Edmonds will comply with all local, state and federal laws for bids, purchasing goods and services, and construction. 6.9 During the term of this Agreement, the City of Edmonds will give every consideration to suggestions by PHD2 for modifications to the Physical Activity Program to obtain more favorable health outcomes for the participants. 6.10 The City of Edmonds will give credit to PHD2 that recognizes its funding of the Physical Activity Program. The use of PHD2's logo, when appropriate, is encouraged. PHD2 and the City of Edmonds will work cooperatively to find a mutually agreeable way to recognize PHD2's funding of the Physical Activity Program in the two parks. 7. MISCELLANEOUS PROVISIONS 7.1 Relationship of the Parties. The relationship created between PHD2 and the City of Edmonds in this Agreement is strictly that of independent contractors. The Agreement creates no partnership or joint venture between the parties, nor may any officer or employee of one party be considered to be an employee or agent of the other. Further, the Agreement provides no rights to any third parties and may not be relied on by any other person or entity. 7.2 Applicable Law. The Agreement is entered under the laws of the State of Washington. Any litigation arising from this Agreement must be filed in Snohomish County Superior Court. 7.3 Liability and Insurance. The City of Edmonds will indemnify, defend and hold PHD2 harmless from any claims, lawsuits or other actions, and judgments arising in any way from the Physical Activity Program provided under this Agreement. The City of Edmonds will maintain a liability insurance policy of at least $1,000,000 per occurrence during the term of this Agreement. #A319 PAGE 3 OF 5 Packet Pg. 143 6.6.b 7.4 Entire Agreement; Amendments. This Agreement is complete and integrates all understandings between the parties. No amendment or other change to the Agreement will be binding on either party unless agreed to in writing and signed by each party. 7.5 Severability. If a court of competent jurisdiction rules any part of this Agreement to be invalid, the remainder of the Agreement will still be in full force and effect. 7.6 Force Majeure. Neither party will be in default or liable for failure to perform its obligations under this Agreement if that failure is due to causes beyond its reasonable control including, but not limited to, acts of God, acts of terrorism, fires, floods, windstorms earthquakes, labor disputes or governmental acts. 7.7 Notices and Re ortin . Any notice or reporting required or otherwise given under this Agreement will be considered delivered or given when actually delivered or 48 hours after being deposited in the U.S. Mail as certified mail addressed to the following: To PHD2: Robin Fenn, Superintendent Public Hospital District No. 2, Snohomish County 4710 196th Street Lynnwood, WA 98036 To the City of Edmonds: Carrie Hite, Parks, Recreation & Cultural Services Director City of Edmonds 700 Main Street Edmonds, WA 98020 7.8 Assignment. This Agreement may not be assigned without the written consent of the other party. Each party may consent to or decline a request for assignment by the other party at the sole discretion of the party from which consent is requested. 7.9 No Waiver. A party's forbearance or delay in exercising any right or remedy under this Agreement shall not constitute a waiver of the right or remedy at issue. Nor shall a waiver by either party of any right or remedy constitute a waiver of any other similar right or remedy. 7.10 No Joint Venture. Nothing contained in this Agreement shall be construed as creating any type or manner of partnership, joint venture or other joint enterprise between the parties. 7.11 No Se ate Entity Necess . The parties agree that no separate legal or administrative entities are necessary to carry out this Agreement. #A319 PAGE 4 OF 5 Packet Pg. 144 6.6.b 7.12 Ownership_ of Property. Except as expressly provided to the contrary in this Agreement, any real or personal property used or acquired by either party in connection with its performance under this Agreement will remain the sole property of such party, and the other party shall have no interest therein. 7.13 Execution in Counte arts. This Agreement may be executed in two or more counterparts, each of which shall constitute an original and all of which shall constitute one and the same agreement. 7.14 Warranty of Authority. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign this Agreement. AGREED TO: PUBLIC HOSPITAL DISTRICT NO. 2 SNOHOMISH COUNTY, WASHINGTON By Robin Fenn, Sup intendant THE CITY )F EDMONDS IC David O. Earling, Mayor Date: �S • 9 . I I Date: P #A319 PAGE 5 OF 5 Packet Pg. 145 6.6.c 7aley St Daley St Daley St Daley St Daley St Z V S a' a L Z Loughrin & 0 Approximate Location of Outdoor Fitness Zone Company CPAs a Z Civic Cenler ? Sprague St Ptayfield Sprague St Ib famo�a vice a`= Ssr n x Taste Edmonds SemaConnect Charging Station Zr n a~ M Z Q Barclay -Shelton ?P��Sr Dance Center Edmonds IP Municipal Court ,hurch ck Staves' Europe BPr�sr 19 Edmonds Summer Market Edmonds Chamber Centennial of Commerce Plaza Bell St ROSE Q Edmonds St o+ n S S � a x Z Corpus Christi Church 9 Bail St Bell St 13[1t S! E E Packet Pg. 146 6.6.d H ,J. li,• d:r:nlli.ii �i ,fll.to •Nir HW[r1ui.nrl•. LV i Cre6t Kids Academy v 7412rh 9 5W 24MI, 51 SW 74Mh St SW N Arni qns IpAudlo Visloni 4 Doces Mall ington ® 9Aurora An[iq up NO ion ]e7o, 747nds sw E 4 i s r � ?AMh S, SW 7401h S1 SW 74Mh Si sv. 3 s 14 ind SY 5W 747" si sW 142m SI sw 3 740rR 5!'Sw '•i']r�• •.i titY c o Rye �S T .y E > U �Caonlry Me edaw 'tf Q J hilslhayBanhnr, M Approximate location, near the `i"lk playga•oiuid and palming 241nd ':tin• 24arh R SW m a' S 241M SI SW Packet Pg. 147 6.7 City Council Agenda Item Meeting Date: 10/15/2019 Marsh Boardwalk Easement Staff Lead: Shannon Burley Department: Parks, Recreation & Cultural Services Preparer: Shannon Burley Background/History In 2018 it was determined that the City of Edmonds easement for the boardwalk at the marsh was only for a portion of the boardwalk. Following that determination a survey was conducted to define the boardwalk in its entirety with a 2 foot buffer this easement represents the entire boardwalk. Staff Recommendation Approve on consent authorizing the Mayor to sign. Narrative The proposed easement authorizes the City of Edmonds to maintain, operate, repair and reconstruct the public boardwalk at the Edmonds Marsh. The easement is being granted by the Port of Edmonds. Attachments: 2019-09-04 boardwalk easement Packet Pg. 148 6.7.a After Recording Return to: City of Edmonds 121 5th Avenue N Edmonds, WA 98020 Attn: City Clerk BOARDWALK EASEMENT GRANTOR: Port of Edmonds, a Washington port district GRANTEE: City of Edmonds, a Washington municipal corporation Legal Description: Abbreviated Form: PTN BSP AFN 201607215001 GOVT LOT 2 SECTION 23, TNSP 27N RANGE 3E Additional Legal is on Exhibit A attached to document Assessor's Tax Parcel ID No. 27032300411300 Reference Number(s) of Related Documents(s): N/A Packet Pg. 149 6.7.a This BOARDWALK EASEMENT ("Agreement") is made and entered into this day of , 2019, by Port of Edmonds, a Washington port district ("Grantor") and the City of Edmonds, a Washington municipal corporation ("Grantee"). RECITALS A. Grantor is the owner of the real property described in Exhibit C attached hereto (the "Grantor's Property"), and generally known as Harbor Square. B. Grantee is the owner of the adjacent real property described in Exhibit D attached hereto (the "Benefited Property"), and generally known as the Edmonds Marsh. C. Grantor desires to grant an easement for the benefit of Grantee's boardwalk, which extends over portions of both the Grantor's Property and the Benefited Property, for the purposes and on the terms and conditions described herein. AGREEMENT 1. Grant of Easement. For and in consideration of the covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, Grantor grants and conveys to Grantee, a nonexclusive easement for the maintenance, operation, repair and reconstruction of a public boardwalk (the "Easement") across, over, and upon the portion of the Grantor's Property described on Exhibit A attached hereto and depicted on Exhibit B attached hereto (also referred to as the "Easement Area"). 2. Purpose and Scope of Easement. Grantee shall have the nonexclusive right to use, maintain and repair the Easement Area as a public boardwalk, which use shall include the right to close the boardwalk to the public from time -to -time by erecting gates or otherwise. 3. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for access in and around Port property; provided that, within the Easement Area, Grantor shall not erect or maintain any permanent structure or obstruction that would materially interfere with Grantee's use of the Easement Area. Nothing in this Section shall be construed to limit the Grantee's right to exclude the public as described in Section 2, above. 4. Indemnity. Grantor, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by Grantee, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests, which includes the public, and invitees, except for loss, claim or damage resulting from the sole negligence of Grantor or Grantor's officials, officers, directors, employees or agents, or the concurrent negligence of Grantor or Grantor's officials, officers, directors, employees or agents, to the extent of such concurrent negligence. Grantee, through Grantee's choice of capable legal counsel, shall protect, defend, indemnify and hold Grantor harmless from and against any and all claims, demands, losses, damages, expenses Packet Pg. 150 6.7.a and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by Grantor arising out of Grantee's use of the Easement Area, including through use by others as described herein, except to the extent caused by the sole negligence or concurrent negligence of Grantor or Grantor's officials, officers, directors, employees or agents to the extent of such concurrent negligence. Grantee agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of Grantee's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the Grantor only, and only to the extent necessary to provide the Grantor with a full and complete indemnity of claims made by the Grantee's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. Grantor shall give Grantee prompt written notice of any suit or proceeding entitling Grantor to indemnification pursuant to this Section 4 and Grantee shall thereafter defend Grantor in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. GRANTEE, its officials, officers, directors, employees and agents shall not be liable for any loss, claim or damage to persons or property resulting from the use of the Easement Area by GRANTOR, its members, officers, directors, employees, agents, contractors, subcontractors, lessees, sublessees, guests and invitees, except for loss, claim or damage resulting from the sole negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents, or the concurrent negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents, to the extent of such concurrent negligence. GRANTOR, through GRANTOR'S choice of capable legal counsel, shall protect, defend, indemnify and hold GRANTEE harmless from and against any and all claims, demands, losses, damages, expenses and liabilities of every kind and description and for any loss to or damage or destruction of property suffered by GRANTEE arising out of GRANTOR's use of the Easement Area, except to the extent caused by the sole negligence or concurrent negligence of GRANTEE or GRANTEE's officials, officers, directors, employees or agents to the extent of such concurrent negligence. GRANTOR agrees that its obligations under this provision extend to any claim, demand, and/or cause of action brought by or on behalf of any of its employees, or agents. The foregoing indemnity is specifically and expressly intended to constitute a waiver of GRANTOR's immunity under Washington's Industrial Insurance act, RCW Title 51, as respects the GRANTEE only, and only to the extent necessary to provide the GRANTEE with a full and complete indemnity of claims made by the GRANTOR's employees. The parties acknowledge that these provisions were specifically negotiated and agreed upon by them. GRANTEE shall give GRANTOR prompt written notice of any suit or proceeding entitling GRANTEE to indemnification pursuant to this Section 4 and GRANTOR shall thereafter defend GRANTEE in said suit or proceeding at its sole cost and expense to the extent required under this Section 4. Nothing in this Indemnity is intended to reduce or eliminate the application or applicability of the Recreational Use Immunity Statute, RCW 4.24.200 and 4.24.210. 5. Notice. Any notice permitted or required to be given by either party to this Agreement shall be given in writing and may be affected by certified United States mail, with -2- 2 Packet Pg. 151 6.7.a return receipt requested, properly addressed, postage prepaid, by reputable overnight delivery service, or by personal delivery, as follows: If to Grantor: Port of Edmonds 336 Admiral Way Edmonds, WA 98020 Attn: Executive Director If to Grantee: City of Edmonds 121 5th Avenue N Edmonds, WA 98020 Attn: City Clerk or to such other address or to such other person's attention of which notice was given in accordance with this section. Notice shall be deemed effective upon three (3) days after being properly delivered as described above. 6. Attorney's Fees and Costs. If either party shall bring an action to enforce the terms of this Agreement, in any such action the prevailing party shall be entitled to an award of its reasonable attorneys' fees and reasonable costs. Said costs and attorneys' fees shall include, without limitation, costs and attorneys' fees incurred in any appeal or in any proceedings under any present or future federal bankruptcy, forfeiture or state receivership or similar law. 7. Governing Law. This Agreement shall be governed by Washington law. 8. Severability. All provisions of this Agreement are severable and the invalidity or unenforceability of any provision shall not affect or impair the validity or enforceability of the remaining provisions. 9. Permanent Easement. This Agreement shall be perpetual and shall run with the land and in favor of the owner of the Benefited Property. 10. Amendment; Recording. This Agreement may be amended or modified only by written instrument, executed and acknowledged by the parties hereto or their successors or assigns, recorded with the Snohomish County Auditor. 11. Headings. The headings used herein are for convenience only and are not to be used in interpreting this Agreement. 12. Entire Agreement. This Agreement contains the entire agreement of the parties and supersedes any prior written or oral agreements with respect to the matters described herein. -3- 2 Packet Pg. 152 6.7.a 13. Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed the original, but which together shall constitute one and the same instrument. 14. Dispute Resolution. Before commencing any suit to resolve a dispute arising out of this Agreement, the Parties shall attempt to resolve the matter through mediation. GRANTOR: PORT OF EDMONDS, a port district under the laws of the State of Washington By: Name: Title: GRANTEE: CITY OF EDMONDS, a municipal corporation under the laws of the State of Washington By: Name: Title: ME 2 Packet Pg. 153 6.7.a STATE OF WASHINGTON ) ss. COUNTY OF SNOHOMISH ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of Port of Edmonds to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: Notary Public Print Name My commission expires (Use this space for notarial stamp/seal) STATE OF WASHINGTON ss. COUNTY OF I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of City of Edmonds to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Use this space for notarial stamp/seal) Notary Public Print Name My commission expires -5- Packet Pg. 154 6.7.a EXHIBIT A SNOHOMISH COUNTY TAX PARCEL NUMBER 27032300411300 PUBLIC WALKWAY EASEMENT THAT PORTION OF HARBOR SQUARE BINDING SITE PLAN, AS SHOWN ON THAT CERTAIN RECORD OF SURVEY RECORDED UNDER AUDITOR'S FILE NUMBER 201607215001, RECORDS OF SNOHOMISH COUNTY, WASHINGTON, BEING A PORTION OF GOVERNMENT LOT 2, IN SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE INTERSECTION OF THE SOUTH LINE OF SAID SECTION 23 AND THE EASTERLY RIGHT- OF-WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE NORTH 42°31' S5" EAST ALONG SAID EASTERLY RIGHT-OF-WAY LINE A DISTANCE OF 616.37' FEET MORE OR LESS TO THE INTERSECTION OF SAID RIGHT-OF-WAY LINE AND THE SOUTHERLY LINE OF HARBOR SQUARE BINDING SITE PLAIN AS SHOWN ON SAID RECORD OF SURVEY; THENCE NORTH 70'58'53" EAST ALONG SAID SOUTHERLY LINE A DISTANCE OF 364.85 FEET TO THE POINT OF BEGINNING; THENCE SOUTH 83°47'03" WEST A DISTANCE OF 21.43 FEET; THENCE SOUTH 83°33'12" WEST A DISTANCE OF 93.44 FEET; THENCE SOUTH 78°41'49" WEST A aa) E DISTANCE OF 51.94 FEET; THENCE SOUTH 12°33'54" EAST A DISTANCE OF 1.31 FEET; THENCE SOUTH y 53'40'21" EAST A DISTANCE OF 4.09 FEET; THENCE SOUTH 10°50'01" EAST A DISTANCE OF 5.69 FEET; w THENCE SOUTH 31*28'27" WEST 5.92 FEET; THENCE SOUTH 78°22'41" WEST 7.79 FEET; THENCE NORTH 52°56'04" WEST A DISTANCE OF 6.03 FEET; THENCE NORTH 9'52'22" WEST A DISTANCE OF 5.66 FEET; 3 THENCE NORTH 28°25'10" EAST A DISTANCE OF 4.10 FEET; THENCE NORTH 10'47'11" WEST A DISTANCE o OF 11.20 FEET; THENCE NORTH 78°30'26" EAST 62.13 FEET; THENCE NORTH 83'25'40" EAST A DISTANCE m OF 94.20 FEET; THENCE NORTH 83°59'55" EAST A DISTANCE OF 76.27 FEET; THENCE SOUTH 65°49'05" t ;n EAST A DISTANCE OF 18.88 FEET; THENCE NORTH 64°21'35" EAST A DISTANCE OF 7.98 FEET, THENCE �a SOUTH 27°45'22" EAST A DISTANCE OF 2.79 FEET; THENCE NORTH 35°20'46" EAST A DISTANCE OF 20.24 FEET; THENCE NORTH 33°11'05" WEST A DISTANCE OF 6.83 FEET; THENCE NORTH 64*12'48" EAST A E DISTANCE OF 12.10 FEET; THENCE SOUTH 33*11'05" EAST A DISTANCE OF 11.64 FEET; THENCE SOUTH 35*19'19" WEST A DISTANCE OF 32.38 FEET; THENCE SOUTH 70°39'24" EAST A DISTANCE OF 27.46 FEET; Y THENCE SOUTH 33'19'48" EAST A DISTANCE OF 117.74 FEET; THENCE SOUTH 33*16'46" EAST A DISTANCE 3 OF 75.91 FEET MORE OR LESS TO A POINT ON THE SOUTHERLY LINE OF SAID RECORD OF SURVEY; THENCE SOUTH 46°16'47" WEST ALONG SAID SOUTHERLY LINE A DISTANCE OF 10.10 FEET; THENCE NORTH 0 33°23'42" WESTA DISTANCE OF 77.49 FEET; THENCE NORTH 33°20'14" WESTA DISTANCE OF 114.70 FEET; c THENCE NORTH 70°40'26" WESTA DISTANCE OF 29.72 FEET; THENCE SOUTH 64°02'57"WESTA DISTANCE c OF 17.66 FEET; THENCE NORTH 27°11'26" WEST A DISTANCE OF 16.06 FEET; THENCE NORTH 63°17'46" di EAST A DISTANCE OF 6.08 FEET; THENCE NORTH 66°11'57" WEST A DISTANCE OF 8.03 FEET; THENCE N SOUTH 83* 47'03" WESTA DISTANCE OF 11.55 FEET MORE OR LESS TO A POINT ON THE SOUTHWESTERLY LINE OF SAID RECORD OF SURVEY AND THE TERMINUS OF THE ABOVE DESCRIBED WALKWAY EASEMENT. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHINGTON. EASEMENT CONTAINS 5600 SQ. FT. Packet Pg. 155 6.7.a LINE TABLE LINE # LENGTH DIRECTION L1 21.43 S83'47'03"W L2 93.44 S83'33' 12"W L3 51.94 S78'41'49"W L4 1.31 S12'33'54"E L5 4.09 S53'40'21 "E L6 5.69 S10'50'01 "E L7 5.92 S31'28'27"W L8 7.79 S78'22'41 "W L9 6.03 N52'56'04"W L10 5.66 N09'52'22"W L11 4.10 N28'25'10"E L12 11.20 N10"47'11"W L13 62.13 N78'30'26"E L14 94.20 N83'25'40"E L15 76.27 N83'59'55"E L16 18.88 S65'49'05"E L17 7.98 N64'21'35"E L18 2.79 S27'45'22"E L19 20.24 N35'20'46"E L20 6.83 N33'11'05"W L21 12.10 N64'12'48"E L22 11.64 S33'11'05"E L23 32.38 S35' 19' 19"W L24 27.46 S70'39'24"E L25 117.74 S33'19'48"E L26 75.91 S33' 16'46"E L27 10.10 S46'16'47"W L28 77.49 N33'23'42"W L29 114.70 N33'20'14"W L30 29.72 N70'40'26"W L31 17.66 S64'02'57"W L32 16.06 N27'11'26"W L33 6.08 N63'17'46"E L34 8.03 N66'11'57"W L35 11.55 S83'47'03"W PORT OF EDMONDS (PTA 27032300410900) EXHIBIT B 6" fir. L7 \ 1 1w L6 L4 + ►`� ' ►I P.\ rI I (PTA 27032300409400) ► o �► I + T.P.O.B. I Ir L35 I cn L34 �• L33 I L16 L32 L17 r L18 ��L19 L21 �L22 L23 HARBOR SQUARE .� B.S.P AFN 8908150079 (PTA 2703230041 1300) �,.rL27 6A 30 4 6 120 SCALE IN FEET 728 136 Shed SW Sld'te 2W UK. IDW SCALE 1" = 60' Im Everett, pd 9B204 CH. PTA DATE 11 /13/2018 Ph: 425 741-M FILE NO. 222018.013 Packet Pg. 156 Exhibit C LEGAL DESCRIPTION 6.7.a THAT PORTION OF GOVERNMENT LOT 3, SECTION 23, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., DESCRIBED AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTH LINE OF t L SECTION 23 AND THE EASTERLY RIGHT—OF—WAY LINE OF THE BURLINGTON NORTHERN RAILROAD; THENCE ALONG SAID EASTERLY RIGHT—OF—WAY LINE, N4234'34"E 616.37 FEET; E THENCE N71'00'00"E, 401.09 FEET; (D THENCE S37'00'00"E, 260.00 FEET TO THE TRUE POINT OF BEGINNING; 3 THENCE N46'17'54"E, 70.00 FEET; 0 THENCE S43'42'06"E, 120.00 FEET; 0 THENCE S88'43'06"E, 422.56FEET TO THE RIGHT—OF—WAY OF SR o) 104 (AS CONDEMNED UNDER S.C.C. NO. 10637); 9 THENCE S01'08'54"W ALONG SAID RIGHT—OF—WAY A DISTANCE 01 N 237.46 FEET; }; THENCE S73'00'00"W, 240.00 FEET; c THENCE N88'30'00"W, 110.00 FEET; THENCE N66'00'00"W, 140.00 FEET; Q THENCE N40'00'00"W, 125.00 FEET; THENCE N01'00'00"W200.00 FEET TO THE TRUE BEGINNING. I Packet Pg. 157 N ON'Y DS ateOf 8101160175 8 CITY OF LDMONDS `. P. W ,--j)EPt.--tNGINEERING DIV. ' 4�XAMINF-P Q REMA�XS j6�6 PAGE VOL ' r. ti L Packet Pg. 158 6.8 City Council Agenda Item Meeting Date: 10/15/2019 Hyundai Pedestrian Easement Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On October 8, 2019, staff presented this item to the Parks & Public Works Committee and it was forward to the October 15th consent agenda for approval. Staff Recommendation Approve the easement. Narrative The City of Edmonds is currently reviewing a proposed development project, Hyundai Showroom, to be located at 22130 Highway 99. On August 15, 2017, the Edmonds Community Development Code was changed and Chapter 16.60.020 - CG - General Commercial Zone, provided new requirements for developments on Highway 99. This new section of the code requires a streetscape zone and pedestrian zone of a minimum of 10-feet. There is also a requirement to provide an activity zone along the frontage. The activity zones will be located between the pedestrian zone and the edge of the auto display area. A public pedestrian easement between 2.5 ft and 6 ft in width will be needed to meet these requirements. The wider 6 ft easement sections will accommodate the new activity zones. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Hyundai Pedestrian Easement Attachment 3 - Hyundai map Packet Pg. 159 Hy VVldai 6hnuk]YGom uu-so N ovvq Rl 6.8.a Packet Pg. 160 6.8.b Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 PEDESTRIAN EASEMENT Property Address: 22130 Highway 99 Assessor's Property Tax Parcel No.: 27042900306000 IN CONSIDERATION of benefits to accrue to the grantor herein, the undersigned, IKEGAMI PROPERTIES, LLC, ("GRANTOR") hereby grants to the CITY OF EDMONDS, a Washington Municipal Corporation ("GRANTEE"), a permanent public pedestrian easement for the location and operation of a sidewalk and necessary appurtenances, over, across, through, and below the following described property, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference. GRANTOR understands and agrees for themselves and their successors and assigns not to cause or allow the construction or maintenance of any building or other structure in or upon the area conveyed without the prior written consent of GRANTEE, which may be granted or allowed in GRANTEE'S sole discretion. GRANTOR understands and agrees that GRANTEE may cause the summary removal of any such building or structure so placed without GRANTEE'S consent and that GRANTOR shall make no claim for and shall hold GRANTEE harmless from any claim by a third person for damage to or destruction of the property so removed. GRANTEE agrees to indemnify, defend and hold GRANTOR harmless from any and all liability or damage, including attorneys' fees and costs, incurred or arising directly from GRANTEE's use of the easement as stated above, except those arising from any of GRANTOR's acts, omissions or negligence. GRANTOR expressly reserve all rights not inconsistent with those granted to GRANTEE herein. DATED THIS DAY OF 2019. Douglas F. Ikegami, Owner STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington, residing at Accepted by the City Council dated day of 2019. Pedestrian Easement (002) (with SEC edits) 7.15.19.doc Packet Pg. 161 6.8.b CITY OF EDMONDS ATTEST/AUTHENTICATED: David O. Farling, Mayor Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Pedestrian Easement (002) (with SEC edits) 7.1519.doc Packet Pg. 162 6.8.b EXHIBIT A DOUG'S LYNNWOOD MAZDA PEDESTRIAN EASEMENT LOT 2 THAT PORTION OF LOT 2 OF CITY OF EDMONDS BOUNDARY LINE ADJUSTMENT NO. PLN20180026, RECORDED UNDER AUDITOR'S FILE NUMBER 201809205002, RECORDS OF SNOHOMISH COUNTY, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF SAID LOT 2; THENCE SOUTH 25043'29" WEST, ALONG THE WESTERLY MARGIN OF STATE HIGHWAY 99, A DISTANCE OF215.53 FEET; THENCE NORTH 64°16'31"WEST, A DISTANCE OF 2.50 FEET; THENCE NORTH 25043'29" EAST, PARALLEL WITH SAID WESTERLY MARGIN, A DISTANCE OF 31.63 FEET; THENCE NORTH 64°16'31" WEST, A DISTANCE OF 3.50 FEET; THENCE NORTH 25°43'29" EAST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 64'16'31" EAST, A DISTANCE OF 3.50 FEET; THENCE NORTH 25°43'29" EAST, A DISTANCE OF 22.00 FEET, THENCE NORTH 64°16'31" WEST, A DISTANCE OF 3.50 FEET; THENCE NORTH 25'43'29" EAST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 64°16'31" EAST, A DISTANCE OF 3.50 FEET; THENCE NORTH 25�43'29" EAST, A DISTANCE OF 97.61 FEET; THENCE NORTH 64*16'31" WEST, A DISTANCE OF 3.50 FEET; THENCE NORTH 25°43'29" EAST, A DISTANCE OF 18.00 FEET; THENCE SOUTH 64'16'31' EAST, A DISTANCE OF 3.50 FEET; THENCE NORTH 24°43'29" EAST, A DISTANCE OF 9.13 FEET TO A POINT ON THE NORTH LINE OF SAID LOT 2; THENCE SOUTH 89*06'13" EAST, ALONG SAID NORTH LINE, A DISTANCE OF 2.75 FEET TO THE POINT OF BEGINNING. GROUP FOUR, INC. P.O. Box 1060 Lake Stevens, WA OW58 PH. 425-408-1162 Packet Pg. 163 6.8.b LOT 2 BLA AFN. 201809205002 N25'43'29"E 18.00' %64' 16' 31 'W 3.50' N25' S64'16'31 "E 3.50'~ N25'43'297 18.b[ N64'16'31 "W — — 3.50' N25'43'29 31.E v s' N25•43.29"E 9.13' S64'16'31"E 3.50' 589'06'13"E 2.75' N25'43'29"E ' 18.00' NE CORNER N64'16'31"W i RLA LOT 2 3.50' N25'43'29"E I 1 97.61'��/ 564' 16'31'E 2$o, 3.50' 1 PROPOSED PEDESTRIAN I EASEMENT FOR RLA g OQ LOT 2 Q'29•E 525'43'29'W 22.00215.53' '00, 3 I� N64'16'31 "W 2.50' 1 sr�e� aF EXHIBIT B GROUP FOUR, s PEDESTRIAN EASEMENT10 l d L&wumawftrf DOUG'.S LYNNWOOD MAZDA Pm�+ua+�rsor wcwuar�r:wrFar�wae�ae 05-40'13 c1rY O� e�Moffns WASHING70H H7WF1R'FAi QW,74-vf' GV4m Packet Pg. 164 6.8.c -1tDI-n Ale vW n.. welam 0era uw Wterior Lands— Calcl/olans Mazda Service Ole 19 stalls 6 17.5 sg-fL/stdI- 332.5 Sq. ft. 400 sa-1t provided © 31rik 0r a hllectpre i design 21.16.18 3 1r I k architecture I design 265 0fealo• Ve/- seal Suite 202D Beiehrsd`e Islend W—hi.gi on 98110 telephone y•r 206 8e2 1253 e mei! ..ke3..a•e Ml.clar..cem � LU Plant Materials I c to l �L Thuja Ocala - Western Red Cedar / e-5' CONSTILTAN76: I .... Ater rubrum 'Red Sumet' - Red Maple / 2" cal- { 3 Prunus cerosifera Thundercloud' - Purple Plum / 2^ cal. ' TOLALLc� O 47 Potentllo fraiccosa'coldfiruger'- Cirpuefol/ lgal ® 34 Nondma don, 'Gulf Stream' 2 gal Q 61 Whania rspend - Creeping Mahorra / 1 gd- 2 ® 12 Mahania aquforum - Oregon Grope / 5 gal e 57 viburnum davW.- / 2 � C rp Rubus pentalobus - Creeping Raspberry / ♦" 0 2'o-c. Q Nate• AtpNnrlr Wtlere 10 W maioton.d e.g. edalr pgrrovesscompos t or 3" of compost gr- of Mulch eplarting beds with Y wood or bark mulch FAlsodgtOGJ otings.ceLsareaawC'y! Etlonamp Provide leeves for piping urdler paths to access cr planting areas. Plant subs6tutians ar o k if confirmed by landscape architect. Avoid planting in summer months Slake trees as necessary 0 0 > 3 Z w 3110. T x. _ >' '� �- w = Q1Uj M C to Z E t O N N fC N N +r a LANDSCAPE ++ � PLAN d E t ISSUE DATE: 11161E r A a •sryy ...art VIS REONS: f 2AW9 �jjl �I T� r PERMIT REVISIONS e PERMIT SET L1.0 REs've C3cfl l8ly�l ;:1 Packet Pg. 165 6.9 City Council Agenda Item Meeting Date: 10/15/2019 Lynnwood Mazda Pedestrian Easement Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On June 11, 2019, staff presented this item to the Parks and Public Works Committee. On October 8, 2019, staff presented this item to the Parks & Public Works Committee and it was forward to the October 15th consent agenda for approval. Staff Recommendation Approve the easement. Narrative The City of Edmonds is currently reviewing a proposed development project, the Mazda Showroom and Service Center, located at 22214 Highway 99. This property has frontage improvements along Highway 99 and 761" Ave W. At the time of permit submittal for this project, the Edmonds Community Development Code allowed for 7-ft sidewalks with street trees for frontage improvements. The project will install new street trees along both property frontages and widen the sidewalk width to 9 feet around the trees to meet ADA compliance. A 1.5 ft. wide pedestrian easement is being provided to the City, adjacent to Highway 99 and 76th Ave, to accommodate the wider sidewalks around the proposed street trees. Attachments: Attachment 1 - Vicinity Map Attachment 2 - Mazda Pedestrian Easement Attachment 3 - Full Site Plan Packet Pg. 166 6.9.a ............ z20TH STS►iU ,,- , II 1:-i n, Z21ST PLSw, •• II 1I=rn u � I I k�sgF�,k3atr� i� Ili a • I _ter � �d� ILL u I 01 Br- T,77;7� 2 2 3 RQ St SW �. , •'tom., �'� I -... I _ I -.1': 2 4 TKS T mil- i .4 -s 19i 21.11,P. c I, Irk, IM A� da 51rxx�urngnn aM Svrh ix (f v*y ' ZZZ�4 N�9hwo�y 9� a Packet Pg. 167 6.9.b Return Address: City Clerk City of Edmonds 121 - 5th Ave. N. Edmonds, WA 98020 PEDESTRIAN EASEMENT Property Address: 22214 Highway 99 Assessor's Property Tax Parcel No.: 27042900306100 IN CONSIDERATION of benefits to accrue to the grantor herein, the undersigned, IKEGAMI PROPERTIES, LLC, ("GRANTOR") hereby grants to the CITY OF EDMONDS, a Washington Municipal Corporation ("GRANTEE"), a permanent public pedestrian easement for the location and operation of a sidewalk and necessary appurtenances, over, across, through, and below the following described property, together with the right of access to the easement at any time for the stated purposes. The easement hereby granted is located in the COUNTY OF SNOHOMISH, STATE OF WASHINGTON, and is more particularly described and depicted in Exhibit A, attached hereto and incorporated herein by this reference. GRANTOR understands and agrees for themselves and their successors and assigns not to cause or allow the construction or maintenance of any building or other structure in or upon the area conveyed without the prior written consent of GRANTEE, which may be granted or allowed in GRANTEE'S sole discretion. GRANTOR understands and agrees that GRANTEE may cause the summary removal of any such building or structure so placed without GRANTEE'S consent and that GRANTOR shall make no claim for and shall hold GRANTEE harmless from any claim by a third person for damage to or destruction of the property so removed. GRANTEE agrees to indemnify, defend and hold GRANTOR harmless from any and all liability or damage, including attorneys' fees and costs, incurred or arising directly from GRANTEE's use of the easement as stated above, except those arising from any of GRANTOR's acts, omissions or negligence. GRANTOR expressly reserves all rights not inconsistent with those granted to GRANTEE herein. DATED THIS DAY OF 2019. Douglas F. Ikegami, Owner STATE OF WASHINGTON ) ) ss COUNTY OF SNOHOMISH) On this day personally appeared before me to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that signed the same as free and voluntary act and deed, for the uses and purposes therein mentioned. UNDER MY HAND AND OFFICIAL SEAL THIS DAY OF , 20 NOTARY PUBLIC in and for the State of Washington, residing at Accepted by the City Council dated day of 2019. Pedestrian Easement (002) (with SEC edits) 7.15.19.doc Packet Pg. 168 6.9.b CITY OF EDMONDS ATTEST/AUTHENTICATED: David O. Farling, Mayor Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Pedestrian Easement (002) (with SEC edits) 7.1519.doc Packet Pg. 169 6.9.b FYHIRIT A DOUG'S LYNNWOOD MAZDA PEDESTRIAN EASEMENT LOT 1 THAT PORTION OF LOT 1 OF CITY OF EDMONDS BOUNDARY LINE ADJUSTMENT NO. PLN20180026, RECORDED UNDER AUDITOR'S FILE NUMBER 201809205002, RECORDS OF SNOHOMISH COUNTY, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF SAID LOT 1; THENCE SOUTH 25°43'29" WEST, ALONG THE WESTERLY MARGIN OF STATE HIGHWAY 99, A DISTANCE OF 19.50 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING SOUTH 25°43'29" WEST, ALONG SAID W ESTERLY MARGIN, A DISTANCE OF 207.65 FEET; THENCE NORTH 64"16'31" WEST, A DISTANCE OF 1-50 FEET; THENCE NORTH 25043'29" EAST, PARALLEL WITH SAID WESTERLY MARGIN, A DISTANCE OF 207.65 FEET; THENCE SOUTH 64°16'31" EAST, A DISTANCE OF 1.50 FEET TO THE POINT OF BEGINNING_ TOGETHER WITH THAT PORTION OF LOT 1 OF CITY OF EDMONDS BOUNDARY NO. PLN20180026, LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER 201809205002, RECORDS OF SNOHOMISH COUNTY, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 89006'32" EAST, ALONG THE NORTH LINE OF SAID LOT 1, A DISTANCE OF 1.50 FEET; THENCE SOUTH 00°44'32" EAST, PARALLEL WITH THE EASTERLY MARGIN OF 76" AVENUE WEST, A DISTANCE OF 30.60 FEET; THENCE SOUTH 89015'28" WEST, A DISTANCE OF 1.50 FEET TO A POINT ON SAID EASTERLY MARGIN; GROUP FOUR, INC. P.O. BOX i459 Lake Stevens, WA 9W58 PH, 425-408-1152 Packet Pg. 170 6.9.b THENCE NORTH 00°44'32" WEST, ALONG SAID EASTERLY MARGIN, A DISTANCE ❑F 30.65 FEET TO THE POINT OF BEGINNING. AND TOGETHER WITH THAT PORTION OF LOT 1 OF CITY OF EDMONDS BOUNDARY LINE ADJUSTMENT NO. PLN20180026, RECORDED UNDER AUDITOR'S FILE NUMBER 201809205002, RECORDS OF SNOHOMISH COUNTY, STATE OF WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID LOT 1; THENCE SOUTH 00'44'32" EAST, ALONG THE EASTERLY MARGIN OF 76TH AVENUE WEST, A ❑ISTANCE OF 59.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89015'28" EAST, A DISTANCE ❑F 1.50 FEET; THENCE SOUTH 00044'32" EAST, PARALLEL WITH SAID EASTERLY MARGIN, A DISTANCE OF 200-20 FEET TO A POINT ON THE SOUTH LINE OF SAID LOT 1; THENCE NORTH 89°06'30" WEST, ALONG SAID SOUTH LINE, A DISTANCE OF 1.50 FEET TO THE SOUTHWEST CORNER OF SAI❑ LOT 1; THENCE NORTH 00°44'32" WEST, ALONG SAID EASTERLY MARGIN, A DISTANCE OF 200.15 FEET TO THE TRUE POINT OF BEGINNING. GROUP FOUR, INC. R O. Box 1059 Lake Stevens, WA SM58 PH. 425408-1152 Packet Pg. 171 6.9.b v OF 1 1 1 D5-4013 NE CQ au� LOT or I i 9m, im 564' 16'31'E 1.50° P.o.e. ' LOT i BLA ,� i AFN. 201809205002 S2543'20N 207.65' 1 N25.43.29"E 207.65' PROPOSED 1.5' WIDE PEDESTRIAN EASEMENT FOR 9L4 LOT 1 N64'16'31"W EXHIBIT B PEDESTRIAN EASEMENT DOUG'S LYNNWOOD MAZDA ATY OF EDMONDS WASHINGTQI GROUP FOUR. Lmd&r" 1L 1a r..�acag.Pew,r� P.Ce 80➢C Po5i17RT1 YEd9'1LWRC1k�S6WE:{;f.V�87EM91Py WR!•$SR ffA9WXllW • F gn--n$f • .+nKoAARmc Packet Pg. 172 6.9.b I NW CORNER BLA LOT 11 P.O.B.I NQ'44'32 "W---L 30.65' :v m i 0 30.60' —PROPOSED 1.5' WIDE S89'15'28`W PEDESTRIAN EASEMENT 1.50' FOR BLA LOT 1 I N',,—N89'15'28'E T.P.0.8. I 1.50' — — — — — I S0'44'32'E I 200.20' NO'44'32'W 200.15' I W LOT 1 BLA AFN. 201809205002 PROPOSED 1.5' WIDE PEDESTRIAN EASEMENT Z FOR BLA LOT 1 W _< N89'06'30'W = N 1.50' ti N SCALE: 1 " T 60' SHEET dF EXHIBIT C GaAI /P �p PEDESTRIAN EASEMENTIT ALsum f' o"� 1k Awky t.nuuaPuvrr�� DOUG'S LYNNWOOD MAZDA Po _�•:+� �:c v�s�vays Kxc e 05-4413 CITY OF ECIMOH135 WASHINGTQN reas+►r,ss}.,�, Packet Pg. 173 6.9.c 1 � Avoid planting in summer months. ----------------------------------------- Stake trees as necessary. @ 31 r l k architecture ( design 11.16.18 t Rubber Hose Guy wires - 3 per tree flogged for visibility 2"x2"x24" stokes Tree Planting Detail applies to shrubs as well no stoking necessary for shrubs Set crown 2" above finished grode Wood chip or bark mulch Form watering well Excavate 2x width of rootball' "remove burlap from top half of rootboll I ,-Q� Plant in 50-50 mix of topsoil and native soil \/ Tomped soil setting bed Existing soil 3 1 r I k architecture I design {f Plant Materials r�r :Y. Amenity Space Garden kp r a 1 Thuja plicata - Western Red Cedor / 4-5' ff Acer rubrum 'Red Sunset' - Red Mople / 2" cal. Prunus cerasifero 'Thundercloud' - Purple Plum / 2" cal. oa K OQ� 0 47 Potentillo fruiticoso 'Goldfinger' - Cinquefoil / 1 gal. 0000 ?o 34 Nondino dom. 'Gulf Stream' 2 gal. 81 Mohonio repens - Creeping Mohonio / 1 gol. 12 Mohonio oquifolium - Oregon Grape / 5 gal. Viburnum dovidii / 2 gal. rp Rubus pentolobus - Creeping Raspberry / 4" 0 2' o.c. �e��I� 4~` 1 • ' F• • O I GH WAY 99 l7eciC5}�'i OWE 4-�5 beh��d t7KcckT+reeS All perimeter buffers to be maintained. Amend oll plantings areas with 3" of compost Interior Landscape Calculations ' e.g. cedar groves compost or gro-co. Mazda Service Site --- Mulch oll planting beds with 3" wood or bark mulch. I ;Q Provide design/build irrigation (permit req.) for all plantings. - 19 stalls @ 17.5 sq.f t./stoll - 332.5 sq.ft. Fallow City of Edmonds Landscape code. i 400 sq.ft. provided i Provide sleeves for piping under paths to access oil planting areas. Plant substitutions ore o.k. if confirmed by landscope architect. �s l 0 7.5 15 30 60 265 Winslow Way East Suite 202D Bain bridge Island Washington 98110 telephone 206 842 1253 e-mail fronk03rkorchitec ture.com CONSULTANTS: O Z Odd Ld0 JOB O (r- i.¢._OC=� Sw w U �0 O � w � v TGLA,LLC Landscape Architect Q 0 N Q 0 O O W°' a z w =o Z V C7 00 >. W m17 0) U) W LL M. WUv'i Q � Z 0 N 0 N LANDSCAPE PLAN SCALE: 1 "=30'-0" ISSUE DATE: 11.16.18 REVISIONS: 2/19/19 PERMIT REVISIONS PERMIT SET Ll m0 a LDZ() I . I L4q Packet Pg. 174 6.10 City Council Agenda Item Meeting Date: 10/15/2019 Citywide Pedestrian Enhancements Project - Easements Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On October 8, 2019, staff presented this item to the Parks & Public Works Committee and it was forward to the October 15th consent agenda for approval. Staff Recommendation Approve the easements. Narrative The Citywide Pedestrian Improvements project consists of improving pedestrian safety at nine locations throughout the City (see attached map). The improvements will range from Rectangular Rapid Flashing Beacons (RRFB), a new HAWK signal, and a new traffic signal. In 2016, the City secured a Federal grant through Safe Routes to School Program in the amount of $1.49 Million to fund this project. The Citywide Pedestrian Enhancement Project requires several easements. The following easements have been signed and are ready to be accepted: College Place Elementary School - 7501 208th St. SW The City has reached an agreement with Edmonds School District to have 102 square feet of temporary construction easement during the construction of the project. Rectangular Rapid Flashing Beacons (RRFB) will be installed at this intersection. The total compensation provided to the property owner is $400. This cost will be 100% funded by a federal transportation grant (Safe Routes to School Program grant). See Attachment 1. Maplewood Presbyterian Church - 19523 84th Ave W The City has reached an agreement with Maplewood Presbyterian Church to have 136 square feet of right of way and 164 square feet of temporary construction easement during the construction of the project. A HAWK signal will be installed at SR-524 / 196th St. SW @ 841h Ave W. The total compensation provided to the property owner is $6,000. This cost will be 100% funded by a federal transportation grant (Safe Routes to School Program grant). See Attachment 2. 8326 196th St. SW The City has reached an agreement with the property owner at 8326 196th St. SW to have 97 square feet of temporary construction easement during the construction of the project. A HAWK signal will be installed at SR-524 / 196th St. SW @ 84th Ave. W. The total compensation provided to the property owner is $400. This cost will be 100% funded by a federal transportation grant (Safe Routes to School Program grant). See Attachment Packet Pg. 175 6.10 3. 350 Caspers Street The City has reached an agreement with the property owner at 350 Caspers St. to have 55 square feet of temporary construction easement during the construction of the project. Rapid Rectangular Flashing Beacons (RRFB) will be installed at SR-524/Capsers St. @ 7th Ave. N/Brookmere Dr. The total compensation provided to the property owner is $300. This cost will be 100% funded by a federal transportation grant (Safe Routes to School Program grant). See Attachment 4. 109 Olympic Avenue The City has reached an agreement with the property owner at 109 Olympic Ave to have 60 square feet of temporary construction easement during the construction of the Citywide Pedestrian Enhancements project. Rapid Rectangular Flashing Beacons (RRFB) will be installed at Main St @ Olympic Ave. The total compensation provided to the property owner is $200. This cost will be 100% funded by a federal transportation grant (Safe Routes to School Program grant). See Attachment 5. Yost Park - 9537 Bowdoin Way A permanent sidewalk easement of 372 SF is needed at 9537 Bowdoin Way, as part of the project. Since this section is within Yost Park (City property), the City acts as grantor and recipient. Based on the current land value within proximity to this property, the current assessed value of this permanent sidewalk easement is $2,800. Rapid Rectangular Flashing Beacons (RRFB) will be installed at Main St. @ Olympic Ave. This cost will be 100% funded by a federal transportation grant (through Safe Routes to School Program grant). See Attachment 6. Attachments: Attachment 1 - 7501 208th St. SW Attachment 2 - 19523 84th Ave W Attachment 3 - 8326 196th St. SW Attachemnt 4 - 350 Caspers Street Attachment 5 - 109 Olympic Avenue Attachment 6 - 9537 Bowdoin Way Project Map Packet Pg. 176 6.10.a CITY OF EDMONDS 121 ST" AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750 Website: www,edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division CITY OF EDMONDS PUBLIC WORKS DEPARTMENT (Engineering Division) 121 5th Ave. N Edmonds, WA 98020 TEMPORARY CONSTRUCTION EASEMENT DAVE EARLING MAYOR Grantor(s): Edmonds School District No. 15 Grantee: City of Edmonds, a municipal corporation of the State of Washington Abbreviated Legal Ptn of the SW Quarter of Sec 20, T27N, R4E, W.M., Description: Snohomish County, Washington Additional Legal(s): Exhibits A and B, attached hereto and made part hereof Assessor's Tax Parcel ID#: 270420-003-003-00 Citywide Pedestrian Crossing Enhancements Pr9ject The undersigned, Edmonds School District No. 15, for themselves and for their heirs, successors and assigns, hereafter together referred to as "GRANTOR(S)", for and in consideration of the promises set forth below and the improvements to the City's Cijywide Pedestrian Ixn rovement Project, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey(s) and grant(s) unto the City of Edmonds, a municipal corporation of the State of Washington, and its successors and assigns, hereafter together referred to as "the City", a temporary, non-exclusive easement (the "Temporary Construction Easement") over, under, in, along, across and upon the GRANTOR(S)' property as legally described and depicted in Exhibit "A" and Exhibit `B", attached hereto and by this reference made a part hereof (the "Temporary Easement Area"), for the purpose of constructing necessary improvements. Work will include incidental items necessary to restore the property to a condition similar to its previous state. All costs of this work shall be completely borne by the City. 1 Packet Pg. 177 6.10.a The GRANTOR(S) and the City, by accepting and signing this document, mutually covenant and agree as follows: 1. The City shall upon completion of the work, remove all construction debris and restore the surface of the above -described property to substantially its original condition, except as modified by the subject project. 2. Access to the GRANTOR(S)' property shall be maintained at all times during the City's Citywide Pedestrian Crossing Enhancements Project. 3. This Temporary Construction Easement is valid for Twelve month(s) from the start of construction and shall automatically terminate at the completion of the project or not later than December 31, 2020, whichever occurs first. 4. Upon the expiration of the term of this Temporary Construction Easement, all of the rights and benefits of the City in, to and under this Agreement with respect to the Temporary Construction Easement shall automatically terminals and be of no further force and effect. It is understood and agreed that delivery of the easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Edmonds unless and until accepted and approved by the City Council of the City of Edmonds, as indicated by the City signature below. Dated this/ day of pi ern_194aJ , 2019. GRANTOR(S): Edmonds School District No. 15 By: Its: "u{.-fi uv 'ram _q ACCEPTED BY: GRANTEE: City of Edmonds Mr. Phil Williams/Public Works Director Date OA Packet Pg. 178 6.10.a STATE OF WASHINGTON } } SS. COUNTY OF _SNOHOMISH } I certify that I know or have satisfactory evidence that L,v Cli(X SCA %'M is the person who appeared before me, and said person acknowledged thA he signed this instrument, on oath stated that he is authorized o execute the insti ment and acknowledged it as the l_K C C •1 �L"G.'��of '�] Cl Gr�Fj�•jr7AwY$p be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: 9 11L1I&C]19 Signature: Notary Public in and for the State of Washington Notary (print name): Residing 3 T r Go 0 N Packet Pg. 179 6.10.a EXHIBIT A PARCEL NO.27042000300300 TEMPORARY CONSTRUCTION EASEMENT ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 27 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, SAID CORNER MARKED BY A 2 INCH BRASS CAP MONUMENT AT THE INTERSECTION OF 204TH STREET SOUTHWEST AND 76rH AVENUE WEST THENCE SOUTH 00' 43' 06" WEST ALONG THE CENTERLINE OF SAID 76rH AVENUE WEST, 661.65 FEET TO A 2 INCH BRASS CAP MONUMENT AT THE INTERSECTION OF 206TH STREET SOUTHWEST AND SAID 76rH AVENUE WEST,• THENCE SOUTH 89° 16' 54" EAST, 30.00 FEET TO THE EAST MARGIN OF SAID 76rH AVENUE WEST AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89' 16' 54" EAST, 2.00 FEET TO A LINE THAT IS 32.00 FEET EAST OF AND PARALLEL WITH THE CENTERLINE OF SAID 76rH AVENUE WEST THENCE NORTH 00° 43' 06" EAST ALONG SAID PARALLEL LINE, 51.00 FEET. THENCE NORTH 89° 16' 54" WEST, 2.00 FEET TO SAID EAST MARGIN; THENCE SOUTH 00° 43' 06" WEST ALONG SAID EAST MARGIN, 51.00 FEET TO THE TRUE POINT OF BEGINNING. CONTAINING 102 SQUARE FEET, MORE OR LESS. PARCEL "A". y (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3177540, DATED JANUARY 7, 2019) r U) THAT PORTION OF THE SOUTHWEST QUARTER OF SECTION 20, TOWNSHIP 27 NORTH, RANGE 4 r EAST, W.M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: c COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHWEST QUARTER; 04 THENCE SOUTH 1 °03'54" EAST ALONG THE WEST LINE OF SAID SOUTHWEST QUARTER, 441.45 FEET r TO THE POINT OF BEGINNING; LO THENCE CONTINUING ALONG SAID WEST LINE SOUTH 1 °03'54" EAST, A DISTANCE OF 881.82 FEET TO THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHWEST QUARTER OF SAID SECTION 20; THENCE SOUTH 8905821 " EAST ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER OF THE E SOUTHWEST QUARTER 732.00 FEET,• THENCE NORTH 1 °0354" WEST PARALLEL WITH THE WEST LINE OF SAID SOUTHWEST QUARTER 0 170.00 FEET; THENCE NORTH 89°5821 " EAST PARALLEL WITH SAID SOUTH LINE 255.00 FEET' Q THENCE NORTH 1 °03'54" WEST PARALLEL WITH SAID WEST LINE 712.49 FEET TO A POINT WHICH BEARS SOUTH 1 °03'54" EAST 441.45 FEET FROM THE NORTH LINE OF THE SOUTHWEST QUARTER, AND NORTH 8905422" EAST 986.93 FEET FROM THE WEST LINE OF THE SOUTHWEST QUARTER; THENCE SOUTH 89054 22" WEST PARALLEL WITH THE NORTH LINE OF SAID SOUTHWEST QUARTER 986.93 FEET TO THE POINT OF BEGINNING. y EXCEPT THE SOUTH 30.00 FEET AND THE WEST 30.00 FEET THEREOF CONVEYED TO THE CITY OF LYNNWOOD BY DEED RECORDED UNDER AUDITOR'S FILE NUMBER 2274562. 27042000300300 TCE Page 1 of 2 LPG TACOMA• SFATTLF. Packet Pg. 180 6.10.a ALSO EXCEPT THAT PORTION DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER THEREOF, SAID POINT BEING AT THE INTERSECTION OF THE NORTH MARGIN OF208TH STREET SOUTHWESTAND THE EAST MARGIN OF 76TH AVENUE WEST THENCE NORTH 1 °03'54" WEST 26.46 FEET ALONG SAID EAST MARGIN TO THE BEGINNING OFA NONTANGENT CURVE TO THE LEFT, SAID CURVE HAVING A RADIUS OF27.00 FEET, A LENGTH OF41.87 FEET AND A CHORD BEARING OF SOUTH 4502922" EAST 37.80 FEET TO THE END OF CURVE, AND SAID NORTH MARGIN, THENCE NORTH 89°5821 " WEST 26.46 FEET ALONG SAID NORTH MARGIN TO THE POINT OF BEGINNING. ALSO EXCEPT THE NORTH 5.50 FEET THEREOF. (PURSUANT TO CITY OF LYNNWOOD BOUNDARY LINE ADJUSTMENT RECORDED UNDER RECORDING NO. 9109240271.) 2704200030030O TCE Page 2 of 2 c ]?Cw� TACOMA• SE.ATTL.E 4 � S��A! ,:USA •� •.�`' > �--Z3-19 U 00 0 N Packet Pg. 181 6.10.a SW 1 /4, SEC. 20, T. 27 N., R. 4 E., W.M. POB w e 204TH ST SW 1 1 i v a -� 13 R i� Z o ;w W Cl N O > TAX LOT NUMBER Q 27042000300300 �3 2-00 TEMP EASEMENT AREA = 102 S.F.t o EXISTING RIGHT OF WAY iz 6 o F � � X W li 206TH ST SW I S 891654 Ell EXISTING RIGHT OF WAY S 8924'52" E 30.00' 2.00' i TPOB i N.T.S. DATE: APRIL, 2019 FILE: 17099_S4P7_TCE.DWG KgcwlQl EXHIBIT B I31EWsdpllnaryDmign —A 3131 EMidlAre 2502Jdwean Are PARCEL 27042000300300 Sys4W T To. WAW42 SGA,W) 121 iMMI2MM TEMPORARY CONSTRUCTION EASEMENT (233,236N www*- Packet Pg. 182 6.10.a CITY OF EDMONDS Lp 121 5" AVENUE NORTH • EDMONDS, WA 98020 • 425-771.0220 - FAX 425-672-5750 Website: mmedmondswa.gov 1890 q� PUBLIC WORKS DEPARTMENT Engineering Division Claimant(s) Edmonds School District No. 15 20420 68" Ave W Edmonds, WA 98036 Tax Parcel No.: 270420-003-003-00 DAVE EARLING MAYOR A full, complete, and final payment for settlement for the title or interest conveyed or released as fully set forth in the Temporary Construction Easement dated 5,0 D� WV DO KJ 2019.� Lands Conveyed Fee: N/A Temporary Construction Easement: 102 sf @ $40/SF @ 8% 1yr Improvements: N/A Total (rounded) $326.40 $400.00 i/we have agreed to the compensation listed above as the full and final payment for the loss of 102 SF of land in TCE The City of Edmonds will not, at any time in the future, be responsible for any additional costs above and beyond the amount listed above, nor for the construction of such improvement (or repair). I/we hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the City of Edmonds, that the same or any part thereof has not been paid, and that I/we am/are authorized to sign for the claimant. Property Owner: Edmonds School District No. 15 Date: T 00 0 N Packet Pg. 183 6.10.a Right -of -Way Agent: stina Guzman, RES Group NW 8 Date: E a� The City of Edmonds agrees to the terms and conditions listed above. w c a� By: Date: c c w c c� •L m m IL a� 3 U U) t r 00 O N O ti Q Packet Pg. 184 6.10.b CITY OF EDMONDS 121 5Tn AVENUE NORTH - EDMONDS, WA 98020 , 425-771-0220 - FAX 425-672-5750 Website: www.edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division After Recording, Return to: CITY OF EDMONDS PUBLIC WORKS DEPARTMENT 7110 210TH St SW Edmonds, WA 98026 TEMPORARY CONSTRUCTION EASEMENT DAVE EARLING MAYOR Grantor(s): Maplewood Presbyterian Church Grantee: City of Edmonds, a municipal corporation of the State of Washington Abbreviated Legal SEC 18 TWP 27 RGE 04S 255FT OF SW1/4 SW1/4 Description: SW1/4 SE1/4 LESS W 20FT & S 30FT FOR RD & TGW LOTS 5 THRU 7 PLAT OF TWIN FIRS EX ST OF WA 03652-001 Additional Legal(s): Exhibits A and A-1, attached hereto and made part hereof Assessor's Tax Parcel ID#: 27-0418-004-023-00 Citywide Pedestrian Crossing Enhancements Pro acct The undersigned, Maplewood Presbyterian Church, a Washington Nonprofit Corporation , for themselves and for their heirs, successors and assigns, hereafter together referred to as "GRANTOR(S)", for and in consideration of the promises set forth below and the improvements to the City's Citywide Pedestrian Improvement Project, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey(s) and grant(s) unto the City of Edmonds, a municipal corporation of the State of Washington, and its successors and assigns, hereafter together referred to as "the City", a temporary, non-exclusive easement (the "Temporary Construction Easement") over, under, in, along, across and upon the GRANTOR(S)' property as legally described and depicted in Exhibit "A" and Exhibit `B", attached hereto and by this reference made a part hereof (the "Temporary Easement Area"), for the purpose of constructing necessary 1 Packet Pg. 185 6.10.b improvements. Work will include incidental items necessary to restore the property to a condition similar to its previous state. All costs of this work shall be completely borne by the City. The GRANTOR(S) and the City, by accepting and signing this document, mutually covenant and agree as follows: 1. The City shall upon completion of the work, remove all construction debris and restore the surface of the above -described property to substantially its original condition, except as modified by the subject project. 2. Access to the GRANTOR(S)' property shall be maintained at all times during the City's Citywide Pedestrian Crossing Enhancements Project. 3. This Temporary Construction Easement shall commence upon the date this Agreement is signed by both parties and shall terminate and expire upon the City's final acceptance of this project by the Edmonds City Council. 4. This Temporary Construction Easement is valid for Twelve month(s) from the start of construction and shall automatically terminate at the completion of the project or not later than December 31, 2020, whichever occurs first. 5. Upon the expiration of the term of this Temporary Construction Easement, all of the rights and benefits of the City in, to and under this Agreement with respect to the Temporary Construction Easement shall automatically terminate and be of no further force and effect. It is understood and agreed that delivery of the easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Edmonds unless and until accepted and approved by the City Council of the City of Edmonds, as indicated by the City signature below. Dated this V7+I. day of 5 92019. GRANTOR(S): Maplewood Presbyterian Church, a Washington Nonprofit Corporation By:�sX� ACCEPTED BY: GRANTEE: City of Edmonds Phil Williams /Public Works Director Date 2 Packet Pg. 186 6.10.b STATE OF WASHINGTON } } SS. COUNTY OF } I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknovAedged that he/she signed this instrLIMC11t on oath stated that he/she is authorized to execute the instrument and acknowledged it as the of Maplewood Presbyterian Church, to be the free and voluntary ac of such party for the ises and purposes mentioned in this instrument. tti OtA JA Y, p 1 rx �'��55rptis Dated: /Z ego/ :o 140TARr �'O Signature: 6� =N PUBUG 0: Notary Public in and for the State of Washington �UlJ y� • • : 20-2D��. - •gyp;: Notary (print name): Ip► Y ++ � W ` 1 �\ �� Residing at: /r Packet Pg. 187 6.10.b EXHIBIT A PARCEL NO.27041800402300 TEMPORARY CONSTRUCTION EASEMENT ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF 196TH STREET SOUTHWEST (S. R. 524) AND THE EAST MARGIN OF 84TH AVENUE WEST,• THENCE NORTH 01 ° 04' 30" EAST ALONG SAID MARGIN OF 84TH AVENUE WEST, 16.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 43' 49' 03" EAST, 23.38 FEET TO SAID NORTH MARGIN OF 196TH STREET SOUTHWEST,• THENCE SOUTH 8804248" EAST ALONG SAID MARGIN, 25.50 FEET,• THENCE NORTH 01 ° 17' 25" EAST, 2.50 FEET TO A LINE THAT IS 32.50 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SAID 196TH STREET SOUTHWEST, THENCE NORTH 88° 42' 48" WEST ALONG SAID PARALLEL LINE, 25.18 FEET, THENCE NORTH 43° 49' 03" WEST, 17.48 FEET TO A LINE THAT IS 24.50 EAST OFAND PARALLEL WITH THE CENTERLINE OF SAID 84TH AVENUE WEST, THENCE NORTH 01 ° 04' 30" EAST ALONG SAID PARALLEL LINE, 14.18 FEET, THENCE NORTH 88' 55' 30" WEST, 4.50 FEET TO SAID MARGIN OF 84TH AVENUE WEST, THENCE SOUTH 01 ° 04' 30" WEST ALONG SAID MARGIN, 12.50 FEET TO THE TRUE POINT OF BEGIINING. CONTAINING 164 SQUARE FEET, MORE OR LESS. PARCEL "A": (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3177534, DATED JANUARY 7, 2019) THE SOUTH 255 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON,• EXCEPT THE WEST 20 FEET AND THE SOUTH 30 FEET FOR ROAD. 27041800402300 TCE Page 1 of 1 ICPG TACOMA- SEATr1.1 4 q--Z3 -!°l Packet Pg. 188 6.10.b EXHIBIT A-1 SE 1/4, SEC. 18, T. 27 N., R. 4 E., W.M. 20' ROW d C 0 I � M x} TAX LOT NUMBER p p w 27041800402300 I Z I W .5Q' TEMP EASEMENT C �.- AREA = 164 S.F.t o TPOB �r � pip I o rt �'>fup Z P08 25.18' 2.50' ,-"'� 25.50 EXIS7iNGIRIGHT OF WAY w � M o � 196TH ST SW (SR 524) STING RIGHT OF WAY N 88'42'35" W I N.T.S. DATE: APRIL, 2019 FILE: 17 099 _S2 P 3_TCE. D WG li lsk r%m EXHIBIT Interdisciplinary Design PARCEL 27041800402300 3131F9ioGAre 23023o<6vaaa+be Sile�00 TWOma,fYA%oP2 SUR N'A9812, (?3III TEMPORARY CONSTRUCTION EASEMENT (P08)23 IN Packet Pg. 189 6.10.b CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS. WA 98020 • 425-771-0220 • FAX 425-672-5750 •r Website: www edmondswa gov �Rgo i�au PUBLIC WORKS DEPARTMENT Engineering Division Claimant(s) �f� e�Presbyterian Church 19523 841h Ave W Edmonds, WA 98026 Tax Parcel No.: 27-0418-004-023-00 DAVE EARLING MAYOR A full, complete, and final payment for settlement forte title or interest conveyed or released as fully set forth in the Type of conveyance documents dated 1 , 2019.- Lands Conveyed Fee: 136 SF @$40/SF Temporary Construction Easement: 164 SF @ $40/SF @ 8% 1yr Improvements: N/A Total (rounded) $ 5,440.00 $524.80 $6,000.00 (R) I/we have agreed to the compensation listed above as the full and final payment for the loss of o (identify specific losses / mentioned above). The City of Edmonds will not, at any time in t e future, be responsible for any additional costs above and beyond the amount listed above, nor for the construction of such improvement (or repair). I/we hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the City of Edmonds, that the same or any part thereof has not been paid, and that I/we am/are authorized to sign for the claimant. Property Owner: 01 _�rj - --'� O (`tt_ By: Date: Packet Pg. 190 6.10.b Right -of -Way Agent: Sonja Davi s Date: The City of Edmonds agrees to the terms and conditions listed above. By: Date: Packet Pg. 191 6.10.b After Recording, Return to: CITY OF EDMONDS PUBLIC WORKS DEPARTMENT 7110 210TH St SW Edmonds, WA 98026 STATUTORY WARRANTY DEED Grantor(s): Maplewood Presbyterian Church Grantee: City of Edmonds, a municipal corporation of the State of Washington Abbreviated Legal SEC 18 TWP 27 RGE 04S 255FT OF SW1/4 SWl/4 Description: S W 1 A SE 1 /4 LESS W 20FT & S 30FT FOR RD & TGW LOTS 5 THRU 7 PLAT OF TWIN FIRS EX ST OF WA 03652-001 Additional Legal(s): Exhibits A and A-1, attached hereto and made part hereof Assessor's Tax Parcel ID#: 27-0418-004-023-00 Citywide Pedestrian Crossing Enhancements ro'ect THE GRANTOR(S), Maplewood Presbyterian Church, a Washington Nonprofit Corporation, for and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey and warrant to the City of Edmonds, a municipal corporation organized under the laws of the State of Washington, its successors and assigns, for the use of the public, the real property described in Exhibit A and illustrated in Exhibit A-1, attached hereto and made a part hereof, and any after - acquired interest therein, situated in the City of Edmonds, in Snohomish County, Washington. Packet Pg. 192 6.10.b The Grantor(s) request the Assessor and Treasurer of said County to set over to the remainder of Tax Parcel No. 27-0418-004-023-00, the lien of all unpaid taxes, if any, affecting the real estate herein conveyed, as provided by RCW 84.60.070. It is understood and agreed that delivery of the deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Edmonds unless and until accepted and approved by the City Council of the City of Edmonds, as indicated by the signature of the City Mayor, below. DATED this 1 "7 +� day of , 2019. GRANTOR(S): Maplewood Presbyterian Church, a Washington Nonprofit Corporation By: Its: C_.��f'rz 5P cam" �r� GRANTEE: CITY OF EDMONDS David O. Earling, Mayor Date: ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney 2 Parcel No. 27-0418-004-023-00 Packet Pg. 193 6.10.b STATE OF WASHINGTON } } SS. COUNTY OF /�/n of } I certify that I know or have satisfactory evidence that 14te AmA 2Lubm*- is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/sh is authorized to execute the instrument and acknowledged it as the of Maplewood Presbyterian Church, to be the free and voluntary act of s ich party for the us • and purposes mentioned in this instrument. ,t%r1\K * .+p �I* Dated: goy . •6tioz-oz zi' �� . _.' �• r ■ Signature: X Notary Public in and for the State of Washington 4&b'10N 0 , Notary (print name): 960%4 Y. s Residing at: Parcel No. 27-0418-004-023-00 Packet Pg. 194 6.10.b EXHIBIT A PARCEL NO. 27041800402300 RIGHT OF WAY ACQUISITION ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A" LYING SOUTHWESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE INTERSECTION OF THE NORTH MARGIN OF 196TH STREET SOUTHWEST (S. R. 524) AND THE EAST MARGIN OF 84rH AVENUE WEST, THENCE NORTH 01 ° 04' 30" EAST ALONG SAID MARGIN OF 84rH AVENUE WEST, 16.50 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 43° 49' 03" EAST, 23.38 FEET TO SAID NORTH MARGIN OF 196TH STREET SOUTHWEST AND THE TERMINUS OF SAID LINE DESCRIPTION. CONTAINING 136 SQUARE FEET, MORE OR LESS. PARCEL `A (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3177534, DATED JANUARY 7, 2019) THE SOUTH 255 FEET OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 18, TOWNSHIP 27 NORTH, RANGE 4 EAST, W.M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT THE WEST 20 FEET AND THE SOUTH 30 FEET FOR ROAD. LA►`D t - 23 -167 4 Parcel No. 27-0418-004-023-00 Packet Pg. 195 6.10.b EXHIBIT A-1 SE 1/4, SEC. 18, T. 27 N., R. 4 E., W.M. 20' ROW f } W O M c�5 TAX LOT NUMBER o 27041800402300 o z V) RIGHT OF WAY AREA = 136 S.F.f r 3 TPOB 0 00 I� �; gyp. I� ~ Z U) POB 16.50EASTI9G RIGHT OF WAY X W I prC'Of j O 196TH ST SW (SR 524) E](fST1NG RIGHT OF WAY N 88'42'354 W"17 - � I N.T.S. DATE: APRIL, 2019 FILE: 17099_S2P3—ROW. DWG t%r%-w EXHIBIT Interdisciplinary Design 3131ENdtAve 250271Ave PARCEL 27041800402300 s goo r�ooea, wA seaoz SeN1,0W121 (!Mj627-0T10 RIGHT—OF—WAY ACQUISITION r )W640 worm 5 Parcel No. 27-0418-004-023-00 Packet Pg. 196 6.10.c CITY OF EDMONDS 121 5'H AVENUE NORTH • EDMONDS, WA 98020 - 425-771-0220 • FAX 425-672-5750 Website: www.edmondswA.gov PUBLIC WORKS DEPARTMENT Engineering Division After Recording, Return to: CITY OF EDMONDS PUBLIC WORKS DEPARTMENT 7110 210TH St SW Edmonds, WA 98026 TEMPORARY CONSTRUCTION EASEMENT DAVE EARLING MAYOR Grantor(s): Daniel and Barbara Brady LLC Grantee: City of Edmonds, a municipal corporation of the State of Washington Abbreviated Legal LOT 1, ROBERT E. THOMAS EDITION, Description: ACCORDING TO THE PLAT THEREOF RECORDED IN VOL. 14 OF PLATS, PG 120, RECORDS OF SNOHOMISH COUNTY, WA Additional Legal(s): Exhibits A and A-1, attached hereto and made part hereof Assessor's Tax Parcel ID#: 005587-000-001-00 Citywide Pedestrian Crossi izEnhancements Proicct The undersigned, Daniel and Barbara Brady LLC, a Washington limited liability company, for themselves and for their heirs, successors and assigns, hereafter together referred to as "GRANTOR(S)", for and in consideration of the promises set forth below and the improvements to the City's Citywide Pedestrian Improvement Project for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey(s) and grant(s) unto the City of Edmonds, a municipal corporation of the State of Washington, and its successors and assigns, hereafter together referred to as "the City", a temporary, non-exclusive easement (the "Temporary Construction Easement") over, under, in, along, across and upon the GRANTOR(S)' property as legally described and depicted in Exhibit "A" and Exhibit "A-1", attached hereto and by this reference made a part hereof (the "Temporary Easement Area"), for the purpose of constructing necessary Packet Pg. 197 6.10.c improvements. The GRANTOR(S) further grant the use of the property immediately adjacent to the Temporary Easement Area for the purpose of performing this work. The GRANTOR(S) and the City, by signing and accepting this document, mutually covenant and agree as follows: 1. The City shall upon completion of the work, remove all construction debris and restore the surface of the above -described property to substantially its original condition, except as modified by the subject project. 2. Access to the GRANTOR(S)' property shall be maintained at all times during the City's Cityside Pedestrian Improvement Project. 3. This Temporary Construction Easement shall commence upon the date this Agreement is signed by both parties and shall terminate and expire upon the City's final acceptance of this project by the Edmonds City Council. 4. Upon the expiration of the term of this Temporary Construction Easement, all of the rights and benefits of the City in, to and under this Agreement with respect to the Temporary Construction Easement shall automatically terminate at the completion of the project or not later than December 31, 2020, whichever occurs first. 5. It is understood and agreed that delivery of the easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Edmonds unless and until accepted and approved by the City Council of the City of Edmonds, as indicated by the City signature below. Dated this day of, 2019. 2 Packet Pg. 198 6.10.c GRANTOR(S): Daniel and Barbara Brady LLC Daniel Brady Barbara Brady ACCEPTED BY: GRANTEE: City of Edmonds Mr. Phil Williams /Public Works Director Date STATE OF WASHINGTON } SS. COUNTY OF1. } I certify that I know or have satisfactory evidence that Daniel and Barbara Brady are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stajed that they are authorized to execute the instrument and acknowledged it as the %/l &k of Daniel and Barbara Brady LLC, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. otOA Y. o� r� .155141�s+' .o PU Dated: Signature: Notary Public in and for t ze State of Washington Notary (print name): SIQIf.4�w ��fl�• _ Residing at: �� co Packet Pg. 199 6.10.c EXHIBIT A PARCEL NO. 00558700000100 TEMPORARY CONSTRUCTION EASEMENT ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL 'A" SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTH MARGIN OF 196TH STREET SOUTHWEST (S.R. 524) AND THE EAST MARGIN OF 84TH AVENUE WEST; THENCE SOUTH 88° 42' 35" EAST ALONG SAID SOUTH MARGIN 196TH STREET SOUTHWEST, 13.00 FEET,' SOUTH 01 ° 1725" WEST, 5.00 FEET TO A LINE THAT IS 35.00 FEET SOUTH OFAND PARALLEL WITH THE CENTERLINE OF SAID 196TH STREET SOUTHWEST; THENCE NORTH 88° 42' 35" WEST ALONG SAID PARALLEL LINE, 10.93 FEET TO A LINE THAT IS 42.00 FEET EAST OFAND PARALLEL WITH THE CENTERLINE OF SAID 84TH AVENUE WEST; THENCE SOUTH 00° 31' 23" WEST ALONG SAID PARALLEL LINE, 15.97 FEET, - THENCE NORTH 89° 28' 37" WEST, 2.00 FEET TO THE EAST MARGIN OF SAID 84TH AVENUE WEST, - NORTH 00° 31' 23" EAST ALONG SAID MARGIN, 21.00 FEET TO THE POINT OF BEGINNING. CONTAINING 97 SQUARE FEET, MORE OR LESS. PARCEL A": (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3177535, DATED JANUARY 7, 2019) LOT 1, ROBERT E. THOMAS ADDITION, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 14 � OF PLATS, PAGE 120, RECORDS OF SNOHOMISH COUNTY, WASHINGTON. LM41-) 4—Z3_c9' Packet Pg. 200 6.10.c W Q 00 N.T.S. w M POB 13.00' M C7 Lo O Lo I Z 10.93, c' I_ o n Co 2.00' x � O w x c� I x �.s 40' ROW DATE: APRIL, 2019 EXHIBIT A-1 NE 1/4, SEC. 19, T. 27 N., R. 4 E., W.M. 3TH ST SW (SR 524) RIGHT OF WAY N 88'42'35" W op EXISTING RIGHT OF WAY TAX LOT NUMBER 00558700000100 TEMP EASEMENT AREA = 97 S.F.f FILE: 17099_S2P4_TCE. DWG ,samrs-w EXHIBIT Interdisciplinary =;ryR Design PARCEL 00558700000100 3131®iaOAve 2502soriAve Sule400 Tacoma, WA9B402 Sealtle,WA9S12, (2g627-0720 TEMPORARY CONSTRUCTION EASEMENT (M2S IMI) wnk com 5 Packet Pg. 201 6.10.c oti rD.Ir °�� CITY OF EDMONDS 4 �f - 121 5TH AVENUE NORTH • EDMONDS, WA 98020 425-771-0220 • FAX 425-672-5750 _ Websile: www edmondswa gov �A, u�.� PUBLIC WORKS DEPARTMENT yti . Engineering Division Claimant(s) Daniel and Barbara Brady, LLC 11517 Heberlein RD woodway, WA 98020 Tax Parcel No.: 005587-000-001-00 DAVE EARLING MAYOR A full, complete, and final payment for settlement for the title or interest conveyed or released as fully set forth in the Tyne of conveyance_ documents dated , 2019.- Lands Conveyed Fee: Temporary Construction Easement: 97 SF @ $40/SF @ 8% 1yr Improvements: N/A Total (rounded) $310.40 $400.00(R) I/we have agreed to the compensation listed above as the full and final payment for the 97 SF of land in TCE for the duration of the construction of the said rp olect (identify specific losses / mentioned above). The City of Edmonds will not, at any time in the future, be responsible for any additional costs above and beyond the amount listed above, nor for the construction of such improvement (or repair). I/we hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the City of Edmonds, that the same or any part thereof has not been paid, and that I/we am/are authorized to sign for the claimant. Property Owner: Danile and Barbara Brady LLC By: Date: U) Packet Pg. 202 6.10.c Right -of -Way Agent: Sonja Davis, RES Group NW By: Date: The City of Edmonds agrees to the terms and conditions listed above. By: Date: U) Packet Pg. 203 6.10.d CITY OF EDMONDS 121 5TM AVENUE NORTH - EDMONDS, WA 98020 • 425-771-0220 • FAX 425E72-5750 Website: www,edmondswa.gov PUBLIC WORKS DEPARTMENT Engineering Division CITY OF EDMONDS PUBLIC WORKS DEPARTMENT (Engineering Division) 121 51h Ave. N Edmonds, WA 98020 TEMPORARY CONSTRUCTION EASEMENT DAVE EARLING MAYOR Grantor(s): Hal D. Hay and Cheryl G. Hay, Husband and Wife Grantee: City of Edmonds, a municipal corporation of the State of Washington Abbreviated Legal PTN OF GOV LOT 2, SEC 24 T27N, R3E, Description: WILLAMETTE, MERIDIAN Additional Legal(s): Exhibits A and B, attached hereto and made part hereof Assessor's Tax Parcel ID#: 27032400200100 Citywide Pedestrian Crossin Enhancements Project The undersigned, Hal D. Hay and Cheryl G. Hay, Husband and Wife, for themselves and for their heirs, successors and assigns, hereafter together referred to as "GRANTOR(S)", for and in consideration of the promises set forth below and the improvements to the City's Cijywide Pedestrian Improvement Project, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey(s) and grant(s) unto the City of Edmonds, a municipal corporation of the State of Washington, and its successors and assigns, hereafter together referred to as "the City", a temporary, non-exclusive easement (the "Temporary Construction Easement") over, under, in, along, across and upon the GRANTOR(S)' property as legally described and depicted in Exhibit "A" and Exhibit "B", attached hereto and by this reference made a part hereof (the "Temporary Easement Area"), for the purpose of constructing necessary improvements. Work will include incidental items necessary to restore the property to a condition similar to its previous state. All costs of this work shall be completely borne by the City. 1 Packet Pg. 204 6.10.d The GRANTOR(S) and the City, by accepting and signing this document, mutually covenant and agree as follows: 1 . The City shall upon completion of the work, remove all construction debris and restore the surface of the above -described property to substantially its original condition, except as modified by the subject project. 2. Access to the GRANTOR(S)' property shall be maintained at all times during the City's Citywide Pedestrian Crossing Enhancements Project. 3. This Temporary Construction Easement is valid for Twelve month(s) from the start of construction and shall automatically terminate at the completion of the project or not later than December 31, 2020, whichever occurs first. 4. Upon the expiration of the term of this Temporary Construction Easement, all of the rights and benefits of the City in, to and under this Agreement with respect to the Temporary Construction Easement shall automatically terminate and be of no further force and effect. It is understood and agreed that delivery of the easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Edmonds unless and until accepted and approved by the City Council of the City of Edmonds, as indicated by the City signature below. Dated this 22 day of AV V 6�- 22019. GRANTOR(S): Hal D. Hay and Cheryl G. Hay By. - By: , 01 4 Packet Pg. 205 6.10.d ACCEPTED BY: GRANTEE: City of Edmonds Mr. Phil Williams/Public Works Director STATE OF WASHINGTON } } SS. COUNTY OF SNOHOMISH } Date I hereby certify that I know or have satisfactory evidence that Hal D. Hay and Cheryl G. Hay, are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be their free and voluntary, act for the uses and purposes mentioned in this instrument. Dated: 1ZZ 1 q !Q%N .rrrrtl i i+' Ito., Signature: � A�k'�i� o� Notary Public in and for the State of Washington ��g ' UZ. gas = Notary (print narn "n C� a amp o O 40 U avZ� _= ' s � Residing at: ly1w, CA, YUL OF Vq Packet Pg. 206 6.10.d EXHIBIT A PARCEL NO.27032400200100 TEMPORARY CONSTRUCTION EASEMENT ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" LYING NORTHEASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE NORTHEAST CORNER OF SAID PARCEL "A'; SAID CORNER ALSO BEING THE INTERSECTION OF THE SOUTH MARGIN OF CASPERS STREET AND THE WEST MARGIN OF 7TH AVENUE NORTH, - THENCE NORTH 88" 36' 25" WEST ALONG SAID MARGIN OF CASPERS STREET, 10.50 FEET TO THE TRUE POINT OF BEGINNING, THENCE SOUTH 43' 40' 27" EAST, 14.87 FEET TO SAID WEST MARGIN OF 7TH AVENUE NORTH AND THE TERMINUS OF SAID LINE DESCRIPTION. CONTAINING 55 SQUARE FEET, MORE OR LESS. PARCEL 'A": (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3177537, DATED JANUARY 15, 2019) THE EAST HALF OF THE FOLLOWING DESCRIBED TRACT. PORTION OF GOVERNMENT LOT 2, SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, WILLAMETTE MERIDIAN, EMBRACED WITHIN THE FOLLOWING DESCRIBED PROPERTY - COMMENCING AT A POINT ON THE WEST MARGIN OF SEVENTH AVENUE IN CITY OF EDMONDS, 116.67 FEET SOUTH OF THE NORTH LINE OF SAID GOVERNMENT LOT 2; THENCE WEST 520.87 FEET TO INTERSECT THE EASTERLY MARGIN OF THIRD AVENUE; THENCE RETRACING LAST LINE, RUN EAST 325 FEET TO THE TRUE POINT OF BEGINNING OF THIS DESCRIPTION,• THENCE FROM SAID POINT OF BEGINNING, RUN EAST 195.87 FEET TO THE WEST MARGIN OF SEVENTH AVENUE, THENCE NORTH ALONG SAID MARGIN OF SEVENTH AVENUE 71.67 FEET; THENCE WEST 195.87 FEET TO A POINT NORTH OF THE POINT OF BEGINNING; THENCE SOUTH 71.67 FEET TO THE POINT OF BEGINNING. SITUATE IN THE COUNTY OF SNOHOMISH, STATE OF WASHING TON. 5. S-1 � 27032400200100_TCE Page 1 of 1 KPG TACOMA• SFATTLE Packet Pg. 207 6.10.d NW 1/4, SEC. 24, T. 27 N., R. 3 E., W.M. _ CASPERS ST EXISTING RIGHT OF WAY N 88'36'25" W - �0 I EXISTING RIGHT OF WAY TPOB 10.50' P08 w L A R-N © in r TAX LOT NUMBER TERMINUS Z z 27032400200100 W RIGHT OF WAY 3 Q c01+ AREA = 55 S.F.f oQ> l } ~ � 3 a I� a cD �- z w CD z N IW 30' ry I ROW N.T.S. DATE: MAY, 2019 FILE: l7099_S3P6—ROW.DWG Kph EXHIBIT B Interdisciplinary Design 3131EUka Wes ko PARCEL 27032400200100 Sub* Tswo WA%Wt a"o'al RIGHT—OF—WAY ACQUISITION CdW)28&1610 w.1� Packet Pg. 208 6.10.d r J CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 425-771-0220 • FAX 425-6725750 Website: www.edmondswa gov PUBLIC WORKS DEPARTMENT Engineering Division Claimant(s) Hal and Cheryl Hay 350 Casper Street Edmonds, WA 98020 Tax Parcel No.: 27032-400-200-100 DAVE EARLING MAYOR A full, complete, and final payment for settlement for the title or interest conveyed or released as fully set forth in the Temporary Construction Easement dated ALA t., usT ZZ , 2019. Lands Conveyed Fee: N/A Temporary Construction Easement: 55 SF @ $65/SF @ 8% 1yr Improvements: N/A Total (rounded) $286.00 $ 300.00 I/we have agreed to the compensation listed above as the full and final payment for the loss of 55 SF of land in TCE. The City of Edmonds will not, at any time in the future, be responsible for any additional costs above and beyond the amount listed above, nor for the construction of such improvement (or repair). I/we hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the City of Edmonds, that the same or any part thereof has not been paid, and that I/we am/are authorized to sign for the claimant. Property Owner: Hal or Cheryl Hay By: Date: Packet Pg. 209 6.10.d Right -of -Way Agent: Kristi a Guzman, RES Group NW W,441 -JeL ¢'�21- i ) By Date: The City of Edmonds agrees to the terms and conditions listed above. By: Date: Packet Pg. 210 6.10.e CITY OF EDMONDS 121 5TH AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750 Website: www.edmondswa gov PUBLIC WORKS DEPARTMENT Engineering Division CITY OF EDMONDS PUBLIC WORKS DEPARTMENT (Engineering Division) 121 51h Ave. N Edmonds, WA 98020 TEMPORARY CONSTRUCTION EASEMENT DAVE EARLING MAYOR Grantor(s): John F. Scheuerman and Glenda K. Scheuerman, Husband and Wife Grantee: City of Edmonds, Abbreviated Legal Description: Additional Legal(s) Assessor's Tax Parcel ID#: a municipal corporation of the State of Washington PTN CITY OF EDMONDS BLK 040 D-01 LOT 2 OF CITY OF EDM SP REC AF Exhibits A and B, attached hereto and made part hereof Citywide Pedestrian Crossina Enhancements Project The undersigned John F. Scheuerman and Glenda K. Scheuerman, Husband and Wife„ for themselves and for their heirs, successors and assigns, hereafter together referred to as "GRANTOR(S)", for and in consideration of the promises set forth below and the improvements to the City's Citywide Pedestrian Improvement Project, for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby convey(s) and grant(s) unto the City of Edmonds, a municipal corporation of the State of Washington, and its successors and assigns, hereafter together referred to as "the City", a temporary, non-exclusive easement (the "Temporary Construction Easement") over, under, in, along, across and upon the GRANTOR(S)' property as legally described and depicted in Exhibit "A" and Exhibit "B", attached hereto and by this reference made a part hereof (the "Temporary Easement Area"), for the purpose of constructing necessary improvements. Work 1 Packet Pg. 211 6.10.e will include incidental items necessary to restore the property to a condition similar to its previous state. All costs of this work shall be completely borne by the City. The GRANTOR(S) and the City, by accepting and signing this document, mutually covenant and agree as follows: 1. The City shall upon completion of the work, remove all construction debris and restore the surface of the above -described property to substantially its original condition, except as modified by the subject project. 2. Access to the GRANTOR(S)' property shall be maintained at all times during the City's Citywide Pedestrian Crossing Enhancements Project. 3. This Temporary Construction Easement is valid for Twelve month(s) from the start of construction and shall automatically terminate at the completion of the project or not later than December 31, 2020, whichever occurs first. 4. Upon the expiration of the term of this Temporary Construction Easement, all of the rights and benefits of the City in, to and under this Agreement with respect to the Temporary Construction Easement shall automatically terminate and be of no further force and effect. It is understood and agreed that delivery of the easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Edmonds unless and until accepted and approved by the City Council of the City of Edmonds, as indicated by the City signature below. Dated this _;L-1 day of AV ku S� _ , 2019. GRANTOR(S): John F. Scheuerman and Glenda K. Scheuerman ACCEPTED BY: GRANTEE: City of Edmonds Mr. Phil Williams/Public Works Director Date 2 Packet Pg. 212 6.10.e STATE OF WASHINGTON } } SS. COUNTY OF SNOHOMISH } I hereby certify that I know or have satisfactory evidence that John F. Scheuerman and Glenda K. Scheuerman, are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it to be their free and voluntary, act for the uses and purposes mentioned in this instrument. Dated: a'Z -' �GUZ"44f Signature: pN 1EXPlIf ,,,� 4yy � . � APR r 'r '�•,, ti ; Notary I libl c in and for the State of Washington s C'0 �pz Notary (print name):r 15 J a ryfl, _= •, r r0A .�= r�'r = Residing at: '5 ntg 4-. 'O& A ...•. Vic. �r►�� qy7 of z.-' IN-1 Packet Pg. 213 6.10.e EXHIBIT A PARCEL NO. 00434204002101 TEMPORARY CONSTRUCTION EASEMENT ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF SAID PARCEL "A" SAID CORNER BEING THE INTERSECTION OF THE NORTH MARGIN OF MAIN STREET AND THE WEST MARGIN OF OLYMPIC AVENUE; THENCE NORTH 880 38' 45" WEST ALONG SAID NORTH MARGIN, 24.00 FEET. THENCE NORTH 00° 5713" EAST, 2.50 FEET TO A LINE THAT IS 32.50 FEET NORTH OF AND PARALLEL WITH THE CENTERLINE OF SAID MAIN STREET; THENCE SOUTH 88° 38' 45" EAST ALONG SAID PARALLEL LINE, 24.00 FEET TO SAID WEST MARGIN OF OL YMPIC AVENUE; THENCE SOUTH 000 5713" WEST ALONG SAID WEST MARGIN, 2.50 FEET TO THE POINT OF BEGINNING CONTAINING 60 SQUARE FEET, MORE OR LESS. PARCEL "A (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3177543, DATED JANUARY 4, 2019) LOT 2 OF CITY OF EDMONDS SHORT PLAT NO. S-16-84, ACCORDING TO THE SHORT PLAT RECORDED UNDER RECORDING NO. 8411090231, BEING A PORTION OF LOTS 21, 22, 23 AND 24, BLOCK 40, CITY OF EDMONDS, AS PER PLAT RECORDED IN VOLUME 2 OF PLATS, PAGES 38 AND 39, RECORDS OF SNOHOMISH COUNTY, WASHINGTON; 4+ -Z3-/9 00434204002101 TCE Page 1 of 1 KFG TACOMA• SEATTLE. Packet Pg. 214 6.10.e SE 1 /4, SEC. 24, T. 27 N., R. 3 E., W.M. 30' ROW 10 � TAX LOT NUMBER W o 00434204002101 TEMP EASEMENTS U } AREA = 60 S.F.t C J o 24.00' f f 2.50' l � ExfSTtl G I21GHT � CD OF WAY �" 24.00 24,5 POB z N Mo Co w MAIN ST EXISTING RIGHT OF WAY � S 88.38'& E N.T.S. DATE: APRIL, 2019 FILE: 17099_S9P10_TCE.DWG Kph` EXHIBIT B Interdisciplinary Design 3191EKA% PARCEL 00434204002101 Se7e10a Tagp�,fVA�4¢2 SWWA90'21 «rJ�20 TEMPORARY CONSTRUCTION EASEMENT Packet Pg. 215 6.10.e =� CITY OF EDMONDS _ 1 121 5TM AVENUE NORTH • EDMONDS, WA 98020 • 425-771-0220 • FAX 425-672-5750 ` 1 _ Website: www.edmondswa gov PUBLIC WORKS DEPARTMENT Engineering Division Claimant(s) John and Glenda Scheuerman 109 Olympic Ave Edmonds, WA 98020 Tax Parcel No.: 00434-204-002-101 DAVE EARLING MAYOR A full, complete, and final payment for settlement for the title r interest conveyed or released as fully set forth in the Temporary Construction Easement dated `� aZ , 2019., Lands Conveyed Fee: N/A $ Temporary Construction Easement: 60 SF @ $40/5F @ 8% 1yr $192.00 Improvements: N/A $ Total (rounded) $200.00 I/we have agreed to the compensation listed above as the full and final payment for the loss of 60 SF of land in TCE. The City of Edmonds will not, at any time in the future, be responsible for any additional costs above and beyond the amount listed above, nor for the construction of such improvement (or repair). I/we hereby certify under penalty of perjurythat the items and amounts listed herein are proper charges against the City of Edmonds, that the same or any part thereof has not been paid, and that I/we am/are authorized to sign for the claimant. Property Owner: John or Glenda Scheuerman By: Date: Packet Pg. 216 6.10.e Right -of- ay Agent istina Guzman, RES Group NW B Date: The City of Edmonds agrees to the terms and conditions listed above. By: Date: c m E m w Packet Pg. 217 6.10.f After Recording, Return to: CITY OF EDMONDS PUBLIC WORKS DEPARTMENT 7110 210TH St SW Edmonds, WA 98026 PERMANENT SIDEWALK EASEMENT Grantor(s): City of Edmonds, Washington, a municipal corporation Grantee: City of Edmonds, a municipal corporation of the State of Washington Abbreviated Legal Ptn. SE Quarter of the SE Quarter of Sec. 24, T27N, Description: R3E, W.M., Snohomish, WA Additional Legal(s): Exhibits A and A-1, attached hereto and made part hereof Assessor's Tax Parcel ID#: 270324-004-001-00 Citywide Pedestrian Crossing Enhancements Proiect THIS PERMANENT SIDEWALK EASEMENT is granted this day of , 2019, from City of Edmonds, Washington, a municipal corporation ("Grantor(s)" herein) to the City of Edmonds, a municipal corporation of the State of Washington ("Grantee" herein). WITNESSETH: 1. Grant of Easement. The Grantor(s), for and in consideration of TEN DOLLARS ($10.00), and other good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant and convey to the City of Edmonds, a municipal corporation of the State of Washington, (Grantee), for the purposes set forth herein, a non-exclusive perpetual easement for the placement, operation, and maintenance of a permanent sidewalk and bus shelter footing ("Easement" herein) over, under, along, across, and Parcel # 11 Packet Pg. 218 6.10.f through the following described real property ("Easement Area" herein) located in Snohomish County, Washington. 2. Property Subiect to Easement a. Property Description. The Property subject to this Easement is legally described in Exhibit "A" and depicted in Exhibit "A-1" attached hereto and incorporated herein by this reference. b. Easement Area. Except as is otherwise set forth herein, Grantee's rights shall be exercised only upon the Easement Area (that portion of the property legally described in Exhibit "A" and depicted in Exhibit "A-1" ). 3. Purpose. Grantee, its contractors, employees, agents, successors, franchisors, and assigns, shall have the right to construct, operate, maintain, repair, replace, improve, and remove a public sidewalk across the Easement Area. 4. Access. Grantee shall have the right of access to the Easement Area over and across the Property to enable Grantee to exercise its rights hereunder. Grantee shall compensate Grantor for any damage to the Property caused by the exercise of such right of access by Grantee. 5. Grantor(s)' Use of Easement Area. Grantor(s) reserve the right to use the Easement Area for any purpose so long as the use does not interfere with the Easement rights herein granted. Grantor(s) shall not alter the ground surface and subsurface of the Easement Area by excavation, placement of fill material, or installation of any wall or rockery, without the prior written consent of Grantee's Public Works Director, or authorized designee. Grantee's prior written consent, where required, shall not be unreasonably withheld. Grantor(s) shall not construct or maintain any buildings within the Easement Area. 6. Indemnity. Grantee shall indemnify Grantor(s) from and against liability incurred by Grantor(s) as result of Grantee's negligence in the exercise of the rights herein granted to Grantee, but nothing herein shall require Grantee to indemnify Grantor(s) for that portion of any such liability attributable to the negligence of Grantor(s) or the negligence of others. 7. Covenant Running with the Land. This Easement shall be a covenant running with the land and shall forever bind Grantor(s), their heirs, successors, and assigns. It is understood and agreed that delivery of the easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Edmonds unless and until accepted and approved by the City Council of the City of Edmonds, as indicated by the City signature below. Parcel # 11 Packet Pg. 219 6.10.f GRANTOR(S): By: STATE OF WASHINGTON } } SS. COUNTY OF SNOHOMISH } ACCEPTED BY: GRANTEE: City of Edmonds Phil Williams Date Public Works Director I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledged it as the of City of Edmonds to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: Signature: Notary Public in and for the State of Washington Notary (print name): Residing at: Parcel # 11 Packet Pg. 220 6.10.f EXHIBIT -A PARCEL NO. 27032400400100 SIDEWALK EASEMENT ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER BEING AN ANGLE POINT IN THE SOUTH MARGIN OF MAIN STREET, THENCE SOUTH 88° 41' 21 " EAST ALONG SAID SOUTH MARGIN, 62.00 FEET THENCE SOUTH 00° 57' 13" WEST, 6.00 FEET TO A LINE THAT IS 36.00 FEET SOUTH OF AND PARALLEL WITH THE CENTERLINE OF SAID MAIN STREET, THENCE NORTH 88° 41' 21" WEST ALONG SAID PARALLEL LINE, 62.00 FEET TO SAID SOUTH MARGIN OF MAIN STREET; THENCE NORTH 00° 57' 13" EAST ALONG SAID MARGIN, 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING 372 SQUARE FEET, MORE OR LESS. PARCEL A". (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3177544, DATED JANUARY 7, 2019) THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT ROADS; AND EXCEPT THE WEST 330 FEET OF THE SOUTH 110 FEET OF SAID SUBDIVISION LYING NORTHEASTERLY OF CITY ROAD AS DEEDED BY STATUTORY WARRANTY DEED RECORDED UNDER RECORDING NO. 1043019. If-z3 1? 27032400400100_ESMT Page 1 of 1 KPG TACOMA• SEATTLE Packet Pg. 221 6.10.f SE 1/4, SEC. 24, T. 27 N., R. 3 E., W.M. 30' ROW > to - - Q cn U_ IC r J � O EXISTING RIGHT OF WAY Q- ca z 1= V) x MAIN ST EXISTING RIGHT OF WAY S 88'41'21" E O 0 r7 4 l7C �,POB 62.00' EXISTING RIGHT OF WAY y7� �� /�C- 6.0= 62.00' 11 TAX LOT NUMBER 27032400400100 SIDEWALK EASEMENT AREA = 372 S.F.t I I N.T.S. DATE: APRIL 2019 FILE: 17099_S9P11-SIDEWALK _ESMT.DWG Kph EXHIBIT B Interdisciplinary Design 31310liatlAve 2502JefimnAve PARCEL 00434204002101 Sutte400 Tacoma, WA96402 Seattle, WA911121 (253)627.0720 206 2661640 wn.km.com SIDEWALK EASEMENT Packet Pg. 222 6.10.f or EDA,`� °�� CITY OF EDMONDS 121 5TH AVENUE NORTH - EDMONDS, WA 98020 - 425-771-0220 - FAX 425-672-5750 Website: www.edmondswa.gov '890 o PUBLIC WORKS DEPARTMENT Engineering Division Claimant(s) City of Edmonds clo Shannon Burley 9537 Bowdoin Way Edmonds, WA 98020 Tax Parcel No.: 270324-004-001-00 DAVE EARLING MAYOR A full, complete, and final payment for settlement for the title or interest conveyed or released as fully set forth in the Sidewalk Easement dated , 2019. Lands Conveyed Fee: N/A $ Sidewalk Easement: 372 SF @ $30/sf @25% $2,775.00 Improvements: N/A $ Total (rounded) $2,800.00 I/we have agreed to the compensation listed above as the full and final payment for the loss of 372 SF of land in a Sidewalk Easement. The City of Edmonds will not, at any time in the future, be responsible for any additional costs above and beyond the amount listed above, nor for the construction of such improvement (or repair). I/we hereby certify under penalty of perjury that the items and amounts listed herein are proper charges against the City of Edmonds, that the same or any part thereof has not been paid, and that I/we am/are authorized to sign for the claimant. Property Owner: City of Edmonds By: Date: Packet Pg. 223 6.10.f Right -of -Way Agent: Kristina Guzman By: Date: The City of Edmonds agrees to the terms and conditions listed above. By: Date: Packet Pg. 224 Department of Revenue Washington State REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) of .,.1a r Name City of Edmonds Name City of Edmonds JMailing m CqCity/state/zip Address 9537 Bowdoin Way City/State/zip Edmonds, WA 98020 Mailing Address 7110 210th St SW Edmonds, WA 98026 Phone No. (including area code) (425) 771-0230 Phone No. (including area code) (425) 771-0235 Send all property tax correspondence to: ❑ Same as Buyer/Grantee Segregation Required List all real and personal property tax parcel account numbers check box if personal property List assessed value(s) 5.231.800 7Nae#2 ling Address /State/Zipne No. (including area code) ❑ Street address of property: 9537 8owdoin Way This property is located in Edmonds ❑ Check box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged. Legal description of property (if more space is needed, you may attach a separate sheet to each page of the affidavit) See attached Select Land Use enter any additional codes: (See back of last page for instructions) YES NO Was the seller receiving a property tax exemption or deferral under ❑ ❑ chapters 84.36, $437, or 94.39 RCW (nonprofit organization, senior citizen, or disabled person, homeowner with limited income)? YES NO is this property designated as forest land per chapter 84.33 RCW? ❑ ❑ Is this property classified as current use (open space, farm and ❑ ❑ agricultural, or timber) land per chapter 84.34 RCW? is this property receiving special valuation as historical property ❑ ❑ per chapter 84.26 RCW? if any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENTUSE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land, you must sign on (3) below. The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below. if the land no longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.109). Prior to signing (3) below, you may contact your local county assessor for more information. This land []does ❑does not qualify for continuance DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLIANCE (iUSTORiC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below. if the new owner(s) does not wish to continue, all additional tax calculated pursuant to chapter 94.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE PRiNT NAME List all personal property (tangible and intangible) included in selling price. if claiming an exemption, list WAC number and reason for exemption: WAC No. (Section/Subsection) 458-61A-205 Reason for exemption Governmental Transfer Type of Document Sidewalk Easement Date of Document Gross Selling Price $ 2,800.00 *Personal Property (deduct) $ Exemption Claimed (deduct) $ 2,800.00 Taxable Selling Price $ 0.00 Excise Tax : State $ 0.00 0.0050 Local $ 0.00 *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ 0.00 *State Technology Fee $ 5.00 *Affidavit Processing Fee $ 5.00 Total Due $ 10.00 A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX SEE INSTRUCTIONS I CERTIFY UNDER PENALTY OF PERJURY THAT THE FOREGOING IS TRUE AND CORRECT. Signature of Grantor or Grantor's Agent Name (print) Date & city of signing: Signature of Grantee or Grantee's Agent Name (print) Date & city of signing: Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (1 C)). REV 84 0001 a (09106117) THiS SPACE - TREASURER'S USE ONLY COUNTY TREASURER Packe 6.10.f EXHIBIT -A PARCEL NO. 27032400400100 SIDEWALK EASEMENT ALL THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL "A" DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF SAID PARCEL "A", SAID CORNER BEING AN ANGLE POINT IN THE SOUTH MARGIN OF MAIN STREET, THENCE SOUTH 88° 41' 21 " EAST ALONG SAID SOUTH MARGIN, 62.00 FEET THENCE SOUTH 00° 57' 13" WEST, 6.00 FEET TO A LINE THAT IS 36.00 FEET SOUTH OF AND PARALLEL WITH THE CENTERLINE OF SAID MAIN STREET, THENCE NORTH 88° 41' 21" WEST ALONG SAID PARALLEL LINE, 62.00 FEET TO SAID SOUTH MARGIN OF MAIN STREET; THENCE NORTH 00° 57' 13" EAST ALONG SAID MARGIN, 6.00 FEET TO THE POINT OF BEGINNING. CONTAINING 372 SQUARE FEET, MORE OR LESS. PARCEL A". (PER FIRST AMERICAN TITLE INSURANCE COMPANY ORDER NO. 3177544, DATED JANUARY 7, 2019) THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 24, TOWNSHIP 27 NORTH, RANGE 3 EAST, W.M., RECORDS OF SNOHOMISH COUNTY, WASHINGTON; EXCEPT ROADS; AND EXCEPT THE WEST 330 FEET OF THE SOUTH 110 FEET OF SAID SUBDIVISION LYING NORTHEASTERLY OF CITY ROAD AS DEEDED BY STATUTORY WARRANTY DEED RECORDED UNDER RECORDING NO. 1043019. If-z3 1? 27032400400100_ESMT Page 1 of 1 KPG TACOMA• SEATTLE Packet Pg. 226 City of Edmonds Mapbook 11 aFL 7.1 City Council Agenda Item Meeting Date: 10/15/2019 Public Hearing on Street Vacation Code Update Staff Lead: Jeanie McConnell Department: Planning Division Preparer: Kernen Lien Background/History The proposed amendments were introduced to the City Council through the Planning, Public Safety and Personnel committee on July 9, 2019. The proposed code amendments were introduced to the Planning Board on July 10, 2019 and a public hearing was held on August 14, 2019. The Planning Board forwarded a recommendation to City Council following the September 25, 2019 Planning Board meeting. The City Council was provided an introduction to the proposed street code amendments at the October 1, 2019 Council meeting. Staff Recommendation Provide staff guidance on the code options and direct staff to prepare ordinance for future consent agenda. Narrative Chapter 20.70 Edmonds Community Development Code (ECDC) Street Vacations establishes procedures and criteria that the city uses to make decisions regarding vacations of streets, alleys, and public easements. Amendments to the street vacation code include addressing the following: Move street vacation code into new Chapter 18.55 ECDC under Title 18 - Public Works Requirements Reorganization and clarification of various code sections to make the process and requirements more clear Revise the appraisal process and timing Revise applicability of monetary compensation Revise the timeframe to satisfy conditions established in a resolution of intent to vacate Much of the code update is primarily related to reorganization and adding clarification to the process. Changes to the code were also proposed to align the City's street vacation code with state law regarding street vacations as contained in Chapter 35.79 RCW. The Planning Board's discussions largely focused on monetary compensation for the vacations, the appraisal process, and the ability of applicants to challenge conditions related to the vacation. In these discussions the Planning Board questioned whether the City could accept monetary compensation with the vacation of a street. Exhibit 4 is a memorandum that was prepared by the City Attorney to address these concerns. Following the public hearing on August 14t", staff indicated options for some of the specific code Packet Pg. 228 7.1 sections would be brought back for the Planning Board's consideration. Options for the Planning Board's consideration were presented on the September 25t" Planning Board's meeting. The Planning Board's recommendations regarding these options are provided in the table in Exhibit 3 and highlighted in the draft code in Exhibits 1 and 2. As discussed at the Planning Board meetings, the decision regarding these options are largely monetary policy calls. Given that such decisions are the purview of the City Council, we have retained the staff recommendations and are presenting the staff recommended code along with the Planning Board's recommendations for the City Council's consideration. For background information, staff reviewed street vacations approved by the City Council since 1998. A summary of these vacations is provided in Exhibit 5. Planning Board minute excerpts are provided in Exhibits 6 - 10. Attachments: Exhibit 1: Chapter 20.70 ECDC-DRAFT-Track Changes Exhibit 2: Chapter 20.70 ECDC-Planning Board Recommendations Exhibit 3: OptionsTable with Planning Board Recommendation Exhibit 4: City Attorney memorandum regarding street vacation payments Exhibit 5: Past Street Vacations Summary Exhibit 6: July 10, 2019 Planning Board Minutes Excerpt (PB Intro) Exhibit 7: July 24, 2019 Planning Board Minutes Excerpt (Public Comment) Exhibit 8: August 14, 2019 Planning Board Minutes Excerpt (Public Hearing) Exhibit 9: September 11, 2019 Planning Board Minutes Excerpt (Public Comment) Exhibit 10: September 25, 2019 Planning Board Minutes Excerpt Packet Pg. 229 7.1.a Edmonds Chapter 29 7918.5518 55 S'FVACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Chapter 20.7018.5549 XX555 ST4U&E'RVACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Sections: 20.7018.55.000 - Purpose. 18.55.005 Definitions. 20.7018.55.010 A7Applicability and effect. 28918.55 03815 Initiation of proceedings and application, 20.7018.55.020 Criteria for vacation 20.7018.55.040 Limitations on vacations. 20.7018_55.070 Date of Fpublic hearing--Date-fix-ing. 20.7018_55.080 Staff report preparation 20.7018.55.090 Public notification - Contents and distribution. 20.7018.55.100 Vacation file content and availability. 20.7018.55.110 Public hearing procedures 18.55.030 Citv easement rights for public utilities and services. 18.55.XXX Appraisals and appraisal fee. 20.7018.55.140 Resolution of intent and Ffinal decision Page 1/8 20.7818_55.000 Purpose. This chapter establishes the procedures and criteria that the city will use to decide upon vacations of streets, alleys, and easements, or portions thereof relat:. t stFeet, edestfi n or tra-vel pumeses. [Ord. 2933 § 1, 1993]. 18.55.005 Definitions. For the pumoses of this chapter, the following terms shall be understood in accord with the definitions, below: A. "applicant' shall refer to the petitioning owner(s) property abutting upon the subject property B. "subject property" means the street, alley, easement, or portion thereof sought to be vacated. C. "abutting" means having a lineal boundary in common with a nortion of the boundary of the subject property. A property that touches the subject property at a single point is not "abutting" under this definition. D. "easement" means an easement for public right-of-way or similar easement for pedestrian and/or vehicular travel. Publicly owned easements that serve underground or overhead utilities but serve no travel function do not fall within the definition of "easement" for the pumoses of this chapter. E. "portion thereof' means a portion of any street, alley, or easement sought to be vacated. F. "director" means the Public Works Director or their designee. G. "necessary" or "necessity" means reasonable necessity in the foreseeable future. It does not mean absolute, or ittispeneil in&pensable, or immediate need. H. "travel" means vehicular or pedestrian travel by the public. 20 7018_55.010 Applicability and effect. A. General. This chapter applies to each request for vacation of streets, alleys, and-puhlie-easements, or portions thereof rela4iag to street, p edestfiaff or This chapter shall not apply to vaealieHthe release or termination of other types of public easements like utility easements. As used in this ehapter. the tefm-�-'s� . did not initiate the va lieant" ..hall refer to toei3etitienine\ ..0 20190925 Planning Board DRAFT O ti O N L d lZ O t c.� t K W r-� C Cl) E t t� R r Q Packet Pg. 230 7.1.a Edmonds Chapter 29 7918.5518 55 S'FVACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 2/8 ofei3efti . rOrd. 3910 & 2, 2013; Ord. 2933 § 1, 1993 . i ote: if the s'-ee"o be vaeatedsubject property is shown on the Ci 's official street map (Chapter 19..8018.50 ECDC), than ordinance «_ ..oa t_vot ., vacating the subject property a4se ehaag_sshall be deemed to have amended the official street map to remove the vaeated- streetsubject property (See Chapter 20.65 ECDC). The director shall be authorized to update the official street map in accord with each approved street vacation. [Ord. 2933 § 1, 1993]. 2$InI R-55MSAI5 Initiation of proceedings and application, A. A vacation may be initiated bv: 1 City council or 2 B. Petition of the owners of more -than -two-thirds of property abutting the Dortion of the street or alle Fthp, e....empmt is be..aeateasubiect property. B. Council resolution for vacation. The City Council may initiate, by resolution, vacation procedures. T ie.eseh t:.« When a vacation is initiated by resolution, staff shall prepare an application that conforms to D, below, except that applications for such vacations shall be exempt from D. 1, D.3, and D.-4. C. Petition for vacation brought by abutting property owners. The owners of an interest in any real estate abutting upon any ^'«ems- alley, subject property, may petition the city council for vacation of the subject property. The petition shallmust be signed bysj�the owners of ^iefe4ht' « two-thirds of the property abutting on the ^4feet-�subiect property. The two-thirds ownership shall be calculated (based on 4e«linear frontage abutting the subject propert the e easement (based on square F , cfto D. An -application for a street vacation initiated b Petition shall contain the following items 1. t . valid vacation petition on forms provided by the men ing eering division: 2. B. A legal description of the subject propert This legal description shall be prepared by a surveyor registered in the state of Washington: 3. A completed application and fee as established by erdinaneeresolution of the city council; 4. A signed agreement to pay the cost of an appraisal as provided for in Section 18.X-X55.XXX; 5. G. Fifteen eas _ «: F n site surveyrxae showing the st_ �" �ea�t a subject property and sheaving all properties with subdivision, block, lots, and specifying open and unopened rights -of -way for a radius of 400 feet from any boundary of the subject roe Th site ... traist bee-a4r-ato 6. P, - —AbAlS AbtAifflAd--A - - 4 AFAJ— established by the Address labels for the owners of real property within 300 feet of the boundaries of the subject property. Addresses shall be obtained from the Snohomish County's real property tax records. The adjacent property owners list must be current to within six months of the date of initial application:; 7. IiA cony of the Snohomish County assessor's man identifying the properties specified in subsection 6E of this section• 8. Identification of which of the abutting nropertv owners (or predecessors -in -interest) originally dedicated the subject property; and 20190925 Planning Board DRAFT O C �L M 4) 2 t� 7 IL to N C M t U O ti O N L d iz O t c.� t K W C 4) E t u R r Q Packet Pg. 231 7.1.a Edmonds Page 3/8 40 Chapter 29 7918.5518 55 S '-VACATIONS OF M STREETS AND PUBLIC ACCESS EASEMENTS Q. 9. Any additional information or material that the Public Works Director or hisfhertheir A = designee determines is reasonably necessary for the city council to consider the N requested vacation. fOrd. 2933 § 1, 19931. O U !'_ T._ ......«ip,q AC..« ..«««..:....1 ««..«..«..,1 h— H ,....1:L:.-0 1.1«.1 ........«..,.�«._.: tL...._ TA A T .1....:,....tian P tRbli..L.imp tv.. f8if: ....1..,...0 41.,...4«,.,.4 ..11,.., .. «4 41.,.«,...0 *A 1... �.......4...1 A « ..«««..:....1 :.......t « fAd 4A "Wit— ........PAR4.4 RAW __ is sed to 1...........t...l. V � n 1 li oec .,�.11...a.1:....««�. M meted-.i"�eatien -c Bd ' T Tvthe «,.«,..-ty was err inalt , dedieated b,, ..ne and ,.«�1.,...�,.ne e f th . abuttin ., the deli n o f r thp, .,.-nnp ft., F ..«....1 iph tha . fight of .............g-¢e�i0&t'ca-m"G i T A«.....1diti,.«..1:«C«..a*jQ«..««...te«:..lthOtt1.e.«..«..ge«..Ct1.e«l..««:«.. division of hi"e«....«..:«t.... .. _ ___. ______ _____ ._ .__. _ _ division __ ___._. __._ '�w VI is ........AnRhv. HS-,s ...sRF, c «the sitv oHuflpil to saws:ae« A.,. «,.,...s t_a .... Atim« rn«a �993 • O C 20.7018.55.020 Criteria for vacation. L O The city council may vacate the public's real property rights in a street, alley, of publie easement relatin N pedesbian or tFffi,eLpufpesessubject proonty-ef4 only if it finds that : 2 t� A . Tthe vacation and the conditions imposed pursuant to a resolution of intent to vacate collectively 4are in the public interest. This decision is left to the legislative discretion of the city council. --,end d i.--� -F � - -- - - �-- to N C to Ne pfe«e.4y win be denied ,,:rest aeee,,., as a «esuh- ertheyae..tion. [Ord. 2933 § 1, 1993].20.70.030 Riffht to FeseFve easeme!2bCity easement Fights for- publie utilities and i U , Y t� easements or the right to exereise and gFai# any easements far the fellowiRg pwi3eses� eCenstFuetion R L 1 . . > . 1L c.i AMother t e ,.F e,... e... e..t «el..tin o the eit ,+ 1.t t,...apArel e and managerights of ,..,... Q O 20:7018.55.040 Limitations on vacations. ~ A. Areas that May Not Be Vacated. The city may not vacate any N subject property that abuts any body of water unless all elements of i RCW 35.79.035 are eemplied with, and thevaeated area will thereby beeeme available for the eity or other Q. , ublie entity to f ,......... eEluire and to use « a _ubliesesatisfied. O B. Objection by Property Owner. The city shall not proceed with the a city council initiated vacation if the owners of t 50 percent or more of the lineal footage of property abutting the street or alley or paA thereof or .,.aeFlyi g the (� „..,.1:. ,.,... meat or «..«4 thereefi, to be -,,.ea ,subject property file a written objection in the planning - pivis with the city clerk prior to the time of the hearing. [Ord. 2933 § 1, 1993]. 1W, t K W r� C000) .. high fee shall be used to obtain an a ..,.1 «vA 1. , ....a ...el e..teA .. stablishin air marvet _ e e f� E 20190925 Planning Board DRAFT v R r Q Packet Pg. 232 7.1.a Edmonds Chapter 20 7918.5518 55 S T-VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 4/8 20 vim, o eao 55.070 Date of ]['public hearing. Upon receiving a complete application for vacation, or upon passage of a resolution men by the city council seeking vacation, the city council shall by resolution fix a time when the city council will hold a public hearing on the proposed vacation. The hearing will be not more than 60 days nor less than 20 days after the date of passage of the resolution scheduling the public hearing. [Ord. 2933 § 1, 1993]. 20190925 Planning Board DRAFT U Q Packet Pg. 233 7.1.a Edmonds Page 5/8 ram+ Chapter 29 7918.5518 55 S '-VACATIONS OF M STREETS AND PUBLIC ACCESS EASEMENTS Q. 20.7018_55.080 Staff report -preparation. A. Contents. The planning wiaaageFRAblic Works Director or his/her designee shall consult with the City's planning N manager on the proposal and prepare a staff report containing the following information: p 1. All pertinent application materials submitted by the applicant; U 2. All comments regarding the vacation received in the planning- engineering division prior to distribution of C the staff report; 3. An analysis of the requested vacation in relation to the provisions of this chapter and the applicable M provisions of the comprehensive plan; and V M 4. A recommendation on the vacation. > B. Distribution. Prior to the hearing, the planning managerPublic Works Director -shall distribute this -the staff report to: N 1. Each member of the city council; and L- 2. Each applicant (if applicable). [Ord. 2933 § 1, 1993]. 20.7018.55.090 Public notification - Contents and distribution. A. Content. The city clerk shall prepare a public notice containing the following information: 1. A statement that a request to vacate the subject property . « _ twill be C considered by the city council; M � 2. A locational description in nonlegal language along with a vicinity map that identifies the stFeet, alley, _ subjectprope proposed te be vaeated,v 3. A statement of the time and place of the public hearing before the city council; 4. A statement that the vacation file is available for viewing at Edmonds City Hall; 5. A statement of the right of any person to submit written comments to the city council prior to or at the public d hearing and to appear before the city council at the hearing to give comments orally; and . . 6. A description of any easement under consideration to be retained by the city. In the event an easement is to N desired, but was not included in the notice, the public hearing will be continued to allow time for notice of the easement to be provided. C B. Distribution. At least 20 calendar days before the public hearing the planning manageFeityclerk shall distribute t the public notice as follows: U 1. A copy will be sent to the owner of each piece of property within 300 feet of any boundary of the street „ne.. easement,part «,,e..eer.,.,.e....,.,..e,,subjectproperty; 2. A copy will be sent to eaeh-the residents living iriffnediatety adjaeent toofproperties abutting the street L ~ alley, p2b4e-easement relating to streE' subject property; LL 3. A copy will be published in the official newspaper of the city, except no vicinity map shall be required; 4. At least three copies will be posted in conspicuous public places in the city; and 5. At least three one copyies will be posted on the subject po be vacated. [Ord. 3901 § 1, 2012; Ord. 2933 § 1, 1993]. U a 20.7018_55.100 Vacation file content and availability. V WO A. _Content. The planning manageTPublic wWorks dDirector shall compile a vacation file which contains all information pertinent to the proposed vacation. f� B. This file is a public record. It is available for inspection and copying in the planning engineering O _Availability. division during regular business hours. [Ord. 2933 § 1, 1993]. N L d 20.7018_55.110 Public hearing procedures—P-eq::ired. Q A. Public Hearing. The city council shall hold a public hearing on each requested vacation. [Ord. 2933 § 1, 1993]. M B. Continuation of p0blic hearing. Tht cityit may continueh hearing if, for reason, it j-8-mable to hear V all of the public comments on the proposed vacation_ or if the city council determines that it needs more information on the proposed vacation. If during the hearing_ the city council announces the time and place 446 nextto continue the hearing on the vacationno further notice of the hearing need be given. ford. 2933 & 1. ++ 19931. Z t C. Presentation. Atthe t t f th h arm th ublic works director r hi r i hall x W make a brief presentation of: C d E 20190925 Planning Board DRAFT v R r Q Packet Pg. 234 7.1.a Edmonds Page 6/8 Chapter 29 7918.5518 55 ST#EE-'FVACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS 1. An analysis of the requested vacation in relation to the provision of this chapter and the applicable provisions of the comprehensive plan; and 2 A recommendation on the requested vacation. [Ord. 2933 § 1, 19931, D. Public Participation. Any interested person may participate in the public hearing in either or both of the following ways: 1. By submitting written comments to the city council either -by delivering the comments to the engineering division prior to the hearing or by giving the comments directly to the city council at the hearing; and 2. By appearing in person, or through a representative, at the hearing and making oral comments directly to the city council. The city council may fe&&ea ,__reasonably -limit the extent of these oral comments to facilitate the orderly and timely conduct of the hearing. 18.55.030 [tight to reserve easements Commented [MJ1]: See PB Options Table - Item 1 In vacating any subject property, the city council may reserve for the city any easements or the right to exercise and grant any easements for the followingpumoses: A. Construction, repair and maintenance of public utilities and services. [Ord. 3910 § 1, 2013; Ord. 2933 § 1, 19931. B. Pedestrian walkway or trail purnoses; and/or C. Construction, repair and maintenance of utilities by a third -party utility company, municipal corporation, or special purnose district that has a vested interest in the subject property. 18.55.XXX [Appraisals and appraisal fee Commented [MJ2]: See PB Options Table - Item 3 A. -Applicability. Where the resolution of intent to vacate includes a compensation requirement, an independent appraisal shall be required. B. Appraisal fee. If the City Council adopts a resolution of intent to vacate the subject property, the petitioner shall deposit sufficient funds to cover the City's estimated cost of a full appraisal of the subject property. In the event that the City's actual appraisal cost is less than the amount deposited, the vacation compensation paid by the petitioner to the City shall be reduced by the difference between the deposit and the actual cost, or, in the alternative, such difference shall be refunded. In the event that the City's actual appraisal cost is more than the amount deposited, the vacation compensation payable to the City by the petitioner shall be increased by the difference between the deposit and the actual appraisal cost. For street vacations initiated by City Council, the City shall be responsible for any associated appraisal fees. C8. the City Council adopts a resolution of intent to vacate the subject property, the director shall be Commented [MJ3]: See PB Options Table - Item 4 authorized to obtain an appraisal of the fair market value of the subject property from a qualified appraiser, 20190925 Planning Board DRAFT Ii Z t W Q Packet Pg. 235 7.1.a Edmonds Page 7/8 ram+ Chapter 29 7918.5518 55 S '-VACATIONS OF M STREETS AND PUBLIC ACCESS EASEMENTS Q. Making into account any reduction in fair market value associated with the conditions imposed in the resolution Commented [MJ4], See PB Options Table - Item 1 of intent, including but not limited to a condition requiring the dedication of an alternative right-of-way. d DE. —After the appraisal has been completed, the director shall notify the petitioner of the amount of p compensation required, adjustingfor or any difference between estimated and actual appraisal costs. The pa)Ment U shall be delivered by the property owner(s) to the City's Finance and Administrative Services Director. C E. Waiver. The requirement for an appraisal and subsequent monetary compensation will be waived if a street vacation initiated by City Council, by resolution, includes a finding that the public benefit accruing from the M vacation alone is sufficient to justify the vacation without any monetary compensation to the City. V M r N L 20.7918.55.140 Resolution of Intent and Final decision. C A. --Generally. Following the public hearing, the city council shallmay, by motion approved by a majority of the C entire membership in a roll call vote to , ease-: O C 1 Adept an OFdinanee . Fafifiag theyaeatior e M 2 Adopt a Faetion ,le«. ing the vaeatio 2 r 3-Aadopt a resolution of intent to vacate. If there are insufficient votes to adopt a resolution of intent, the street vacation will be deemed denied. B. Resolution of intent to vacate. The city council may adopt a resolution of intent to vacate -stating that the city d council willintends, by ordinance, "ant the vacation if the applicant ev�ner(s) efprepet4y abutting upon the stfeet or alley, e_ paA thereof ,.,.....e tea meets specifiede conditions within 90 days, unless doa.�A ea N different time period is specified within the resolution. The city may require the following as conditions of the C resolution of intent to vacate: M 1. 1 ,.,tee t Conditions. The city council may condition approval of a street vacation upon satisfaction of any or all of the following eawmea4rrelated conditions: V a et :Reservation of an easement as outlined in section ECDC 24-7018.55.030: and/or V a. Acceptance of a grant of substitute public right -of --way which has "tie as at least e. ttal to the e..L:eet prepefty. r b. Convenants intended to protect critical areas or otherwise limit future development on F_ the subject property. IL 2 i-.-Monetary[com�ensation. The city council shall condition approval of a street vacation upon_ Commented [MJS]: See PB Options Table - Item 1 ] satisfaction of the following monetary conditions: a. Payment of appraisal fees as outlined in section ECDC 18.55.XXX: and b. a en-_4&4e-gaid-to e date of the ordinance, Commented [MJ6]: See PB Options Table - Item 2 p in-in-thean amount of up to one-half the fair market value for the subject property sheet; V unless the subject property was acquired at "public W expense," or has been part of a dedicated public right-of-wav for 25 years or more, in O which case then -full appraised fair market value shall be paid, ~ O N ii. The grant efa substitute publie right of Way Whiek has value As an Assess way at least equal to the llr vacated street,alley, o part thereof,o � CL iii. Any totaling but M combination of subsections (A)(3)(a)(i) and (A)(3)(a)(ii) ofthis section not mofe�- thane one half the fait « adEet ...l..e e f the stfe ' alley, or A thefee f to be yaeete.l OR b. A gran4 of an easement to the eity in exehange for the . 3. [Nd challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be Co mmented [MJ7]: See PB Options Table - Item 5 K ] lJJ brought in Snohomish County Superior Court no later than 30 days following the adoption of the resolution of intent. If such a challenge is successful, the city council shall determine whether to amend C d E 20190925 Planning Board DRAFT v R r Q Packet Pg. 236 7.1.a Edmonds Chapter 29 7918.5518 55 S'RVACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Page 8/8 the resolution of intent by adopting a different set of conditions or to deny the street vacation in its entirety. C. Final decision. If the abutting property owner(s) complies with conditions imposed in the resolution of intent to vacate within the timeframe specified within the resolution°n�, the city council shall adopt an ordinance granting the vacation, provided that the city council shall not be required to adopt the vacation ordinance if it finds, after reviewing the appraisal, that the monetary compensation to be paid to the city is not sufficient to compensate for the public's loss of the st-Fe t all.., ,...wlie easement _,a,.«:..,. to ,.«. get ..,.a,.,,«a..n of tFaVel OF _ aA theFe ftha« .. EM41 be ....,...«oasubject property. The effective date clause of the ordinance shall be drafted to make the ordinance effective upon recording, and only if the ordinance contains proof of payment received, with the City receipt number indicated on the ordinance. If the city council ultimately determines that the amount of compensation is not adequate to complete the vacation, the City shall reimburse the applicants for the appraisal costs. D42�Distribution. Within five working days of the city council decision, the public works director manager shall mail a copy of the notice of decision to the applicant and all persons who submit a written or oral testimony at the city council's hearing. [Ord. 3910 § 3, 2013; Ord. 2933 § 1, 1993; Ord. 2493, 1995]. 20190925 Planning Board DRAFT U Q Packet Pg. 237 7.1.b m r DRAFT CODE INCLUDING PLANNING BOARD RECOMMENDATION Q. Edmonds Page 115 Chapter 18.55 VACATIONS OF STREETS AND O PUBLIC ACCESS EASEMENTS Chapter 18.55 L) C VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS 0 r O t� to Sections: i 18.55.000 Purpose. O 18.55.005 Defmitions. i 18.55.010 Applicability and effect. CO) 18.55.015 Initiation of proceedings and application. 18.55.020 Criteria for vacation. O O 18.55.040 Limitations on vacations. lM 18.55.070 Date of public hearing. C 18.55.080 Staff report preparation i O 18.55.090 Public notification — Contents and distribution. O 18.55.100 Vacation file content and availability. _ 18.55.110 Public hearing procedures v 18.55.030 City easement rights for public utilities and services. 18.55.XXX Appraisals and appraisal fee. O 18.55.140 Resolution of intent and final decision. IL 18.55.000 Purpose. to C This chapter establishes the procedures and criteria that the city will use to decide upon vacations of streets, alleys, 0 easements, or portions thereof [Ord. 2933 § 1, 1993]. 18.55.005 Definitions. d For the purposes of this chapter, the following terms shall be understood in accord with the definitions, below: E A. "applicant" shall refer to the petitioning owner(s) of property abutting upon the subject property. E B. "subject property" means the street, alley, easement, or portion thereof sought to be vacated. O C. "abutting" means having a lineal boundary in common with a portion of the boundary of the subject property. A U property that touches the subject property at a single point is not "abutting" under this definition. D. "easement" means an easement for public right-of-way or similar easement for pedestrian and/or vehicular travel. •a Publicly owned easements that serve underground or overhead utilities but serve no travel function do not fall within the definition of "easement" for the purposes of this chapter. E. "portion thereof' means a portion of any street, alley, or easement sought to be vacated. m F. "director" means the Public Works Director or their designee. C G. "necessary" or "necessity" means reasonable necessity in the foreseeable future. It does not mean absolute, or •� indispensable, or immediate need. O H. "travel" means vehicular or pedestrian travel by the public. a U 18.55.010 Applicability and effect. V A. General. This chapter applies to each request for vacation of streets, alleys, easements, or portions thereof. This LV chapter shall not apply to the release or termination of other types of public easements like utility easements. [Ord. 3910 § 2, 2013; Ord. 2933 § 1, 1993].Note: if the subject property is shown on the City's official street ti map (Chapter 18.50 ECDC), an ordinance vacating the subject property shall be deemed to have amended the O official street map to remove the subject property (See Chapter 20.65 ECDC). The director shall be authorized to N update the official street map in accord with each approved street vacation. [Ord. 2933 § 1, 1993]. d 18.55.015 Initiation of proceedings and application t A. A vacation may be initiated by: V 1. City council; or 2. Petition of the owners of two-thirds of property abutting the subject property. nj t K W 20190927 DRAFT code with Planning Board Recommendations C d E t t� to r r Q Packet Pg. 238 7.1.b m r DRAFT CODE INCLUDING PLANNING BOARD RECOMMENDATION Edmonds Page 2/5 Chapter 18.55 VACATIONS OF STREETS AND O PUBLIC ACCESS EASEMENTS B. Council resolution for vacation. The City Council may initiate, by resolution, vacation procedures. When a V vacation is initiated by resolution, staff shall prepare an application that conforms to D, below, except that O applications for such vacations shall be exempt from D. 1, D.3, and DA. 0 C. Petition for vacation brought by abutting property owners. The owners of an interest in any real estate abutting upon any subject property, may petition the city council for vacation of the subject property. The petition must V ca be signed b the owners of two-thirds of the roe abutting on the subject roe The two-thirds ownership g Y property rtY g J property. rtY� P i shall be calculated based on linear frontage abutting the subject property. D. An application for a street vacation initiated by Petition shall contain the following items: O 1. A valid vacation petition on forms provided by the engineering division; r 2. A legal description of the subject property. This legal description shall be prepared by a surveyor registered in the state of Washington; O 3. A completed application and fee as established by resolution of the city council; tM 4. A signed agreement to pay the cost of an appraisal as provided for in Section 18.55.XXX; 5. A site survey showing the subject property and all properties with subdivision, block, lots, and specifying open and unopened rights -of -way for a radius of 400 feet from any boundary of the O subject property. The site survey must be to scale; 2 6. Address labels for the owners of real property within 300 feet of the boundaries of the subject 2 property. Addresses shall be obtained from the Snohomish County's real property tax records. The adjacent property owners list must be current to within six months of the date of initial 7 application; IL 7. A copy of the Snohomish County assessor's map identifying the properties specified in subsection W 6 of this section; 8. Identification of which of the abutting property owners (or predecessors -in -interest) originally 0 dedicated the subject property; and 9. Any additional information or material that the Public Works Director or their designee 'a determines is reasonably necessary for the city council to consider the requested vacation. [Ord. d 2933 § 1, 1993]. E E 18.55.020 Criteria for vacation. O The city council may vacate the public's real property rights in a subject property only if it finds that the vacation U 4) and the conditions imposed pursuant to a resolution of intent to vacate collectively are in the public interest. This decision is left to the legislative discretion of the city council. [Ord. 2933 § 1, 1993]. -a L 18.55.040 Limitations on vacations. Op A. Areas that May Not Be Vacated. The city may not vacate any subject property that abuts any body of water M unless all elements of RCW 35.79.035 are satisfied. B. Objection by Property Owner. The city shall not proceed with a city council initiated vacation if the owners of 50 percent or more of the lineal footage of property abutting the subject property file a written objection with the city clerk prior to the time of the hearing. [Ord. 2933 § 1, 1993]. tOC FL 18.55.070 Date of public hearing. ' Upon receiving a complete application for vacation, or upon passage of a resolution by the city council seeking vacation, the city council shall by resolution fix a time when the city council will hold a public hearing on the V proposed vacation. The hearing will be not more than 60 days nor less than 20 days after the date of passage of the LV resolution scheduling the public hearing. [Ord. 2933 § 1, 1993]. ti 18.55.080 Staff report. N A. Contents. The Public Works Director or his/her designee shall consult with the City's planning manager on the proposal and prepare a staff report containing the following information: 1. All pertinent application materials submitted by the applicant; Q. O 2. All comments regarding the vacation received in the engineering division prior to distribution of the staff t report; 0 3. An analysis of the requested vacation in relation to the provisions of this chapter and the applicable N provisions of the comprehensive plan; and +, 4. A recommendation on the vacation. Z t X W 20190927 DRAFT code with Planning Board Recommendations C d E t t� to r r Q Packet Pg. 239 7.1.b Edmonds DRAFT CODE INCLUDING PLANNING BOARD RECOMMENDATION page 3/5 Chapter 18.55 VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS Distribution. Prior to the hearing, the Public Works Director shall distribute the staff report to: 1. Each member of the city council; and 2. Each applicant (if applicable). [Ord. 2933 § 1, 1993]. 18.55.090 Public notification — Contents and distribution. A. Content. The city clerk shall prepare a public notice containing the following information: 1. A statement that a request to vacate the subject property will be considered by the city council; 2. A location description in non -legal language along with a vicinity map that identifies the subject property; 3. A statement of the time and place of the public hearing before the city council; 4. A statement that the vacation file is available for viewing at Edmonds City Hall; 5. A statement of the right of any person to submit written comments to the city council prior to or at the public hearing and to appear before the city council at the hearing to give comments orally; and 6. A description of any easement under consideration to be retained by the city. In the event an easement is desired, but was not included in the notice, the public hearing will be continued to allow time for notice of the easement to be provided. B. Distribution. At least 20 calendar days before the public hearing the city clerk shall distribute the public notice as follows: 1. A copy will be sent to the owner of each piece of property within 300 feet of any boundary of the subject property; 2. A copy will be sent to the residents of properties abutting the subject property; 3. A copy will be published in the official newspaper of the city, except no vicinity map shall be required; 4. At least three copies will be posted in conspicuous public places in the city; and 5. At least one copy will be posted on the subject property to be vacated. [Ord. 3901 § 1, 2012; Ord. 2933 § 1, 1993]. 18.55.100 Vacation Tile content and availability. A. Content. The public works director shall compile a vacation file which contains all information pertinent to the proposed vacation. B. Availability. This file is a public record. It is available for inspection and copying in the engineering division during regular business hours. [Ord. 2933 § 1, 1993]. 18.55.110 Public hearing procedures. A. Public Hearing. The city council shall hold a public hearing on each requested vacation. [Ord. 2933 § 1, 1993]. B. Continuation of public hearing. The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the proposed vacation, or if the city council determines that it needs more information on the proposed vacation. If during the hearing, the city council announces the time and place to continue the hearing on the vacation, no further notice of the hearing need be given. [Ord. 2933 § 1, 1993]. C. Presentation. At the outset of the hearing, the public works director or his/her designee shall make a brief presentation of 1. An analysis of the requested vacation in relation to the provision of this chapter and the applicable provisions of the comprehensive plan; and 2. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993]. D. Public Participation. Any interested person may participate in the public hearing in either or both of the following ways: 1. By submitting written comments to the city council by delivering the comments to the engineering division prior to the hearing or by giving the comments directly to the city council at the hearing; and 2. By appearing in person, or through a representative, at the hearing and making oral comments directly to the city council. The city council may reasonably limit the extent of these oral comments to facilitate the orderly and timely conduct of the hearing. 18.55.030 Right to reserve easements. In vacating any subject property, the city council may reserve for the city any easements or the right to exercise and grant any easements for the following purposes: A. Construction, repair and maintenance of public utilities and services. [Ord. 3910 § 1, 2013; Ord. 2933 § 1, 1993]. Pedestrian walkway or trail purposes; and/or 20190927 DRAFT code with Planning Board Recommendations r Q Packet Pg. 240 7.1.b Edmonds DRAFT CODE INCLUDING PLANNING BOARD RECOMMENDATION page 4/5 Chapter 18.55 VACATIONS OF STREETS AND PUBLIC ACCESS EASEMENTS C. Construction, repair and maintenance of utilities by a third -party utility company, municipal corporation, or special purpose district that has a vested interest in the subject property. 18.55.XXX Appraisals and appraisal fee A. Applicability. Where the resolution of intent to vacate includes a compensation requirement, an independent appraisal shall be required. B. Appraisal fee. If the City Council adopts a resolution of intent to vacate the subject property, the petitioner shall deposit sufficient funds to cover the City's estimated cost of a full appraisal of the subject property. In the event that the City's actual appraisal cost is less than the amount deposited, the vacation compensation paid by the petitioner to the City shall be reduced by the difference between the deposit and the actual cost, or, in the alternative, such difference shall be refunded. In the event that the City's actual appraisal cost is more than the amount deposited, the vacation compensation payable to the City by the petitioner shall be increased by the difference between the deposit and the actual appraisal cost. For street vacations initiated by City Council, the City shall be responsible for any associated appraisal fees. C. 0 the City Council adopts a resolution of intent to vacate the subject property, the director shall be authorized to Code Language Options: obtain an appraisal of the fair market value of the subject property from a qualified appraiser, taking into it No. 4: Blue = Staff Recommendation account any reduction in fair market value associated with the conditions imposed in the resolution of intent, including but not limited to a condition requiring the dedication of an alternative right-of-way. C. 0 the City Council adopts a resolution of intent to vacate the subject property, the director shall be authorized to _.... Code Language Options: obtain an appraisal of the fair market value of the subject property from a Elitalified appfaisef, taking into Item No. 4: Red = Planning Board Recommendation account any reduction in fair market value associated with the conditions imposed in the resolution of intent, including but not limited to a condition requiring the dedication of an alternative right-of-way. The appraiser will be selected by the applicant from a City approved list that will contain no fewer than six appraisers. D. After the appraisal has been completed, the director shall notify the petitioner of the amount of compensation required, adjusting for any difference between estimated and actual appraisal costs. The payment shall be delivered by the property owner(s) to the City's Finance and Administrative Services Director. E. Waiver{ The requrement for an appraisal and subsequent monetary compensation will be waived if a street Code Language Options: vacation initiated by City Council, by resolution, includes a finding that the public benefit accruing from the Item No. 3: Blue = Staff Recommendation vacation alone is sufficient to justify the vacation without any monetary compensation to the City. . A waiver from the requirement to obtain an appraisal and will be granted if one of the following apply: a. The resolution for a City Council initiated street vacation includes a finding that the public benefit accruing from the vacation alone is sufficient to justify the vacation without any monetary compensation to the City; b. The resolution conditions the street vacation upon the reservation and/or granting of a public easement or substitute public right-of-way to the City of Edmonds [or a third party]. 18.55.140 Resolution of Intent and Final decision. A. General. Following the public hearing, the city council may, by motion approved by a majority of the entire membership in a roll call vote to adopt a resolution of intent to vacate. If there are insufficient votes to adopt a resolution of intent, the street vacation will be deemed denied. Resolution of intent to vacate. The city council may adopt a resolution of intent to vacate stating the city council intends, by ordinance, to grant the vacation if the applicant meets specified conditions within 90 days, unless a different time period is specified within the resolution. The city may require the following as conditions of the resolution of intent to vacate: 1. Conditions. The city council may condition approval of a street vacation upon satisfaction of any or all of the following related conditions: a. Reservation of an easement as outlined in section ECDC 18.55.030; and/or Acceptance of a grant of substitute public right-of-way. Covenants intended to protect critical areas or otherwise limit future development on the subject property. 20190927 DRAFT code with Planning Board Recommendations Code Language Options: Item No. 3: Red = Planning Board Recommendation This language shall be used only if the Planning Boa Recommended language is used with Item No. 1 r Q Packet Pg. 241 7.1.b m r Pa ge DRAFT CODE INCLUDING PLANNING BOARD RECOMMENDATION 5/5 G' � Chapter 18.55 VACATIONS OF STREETS AND O PUBLIC ACCESS EASEMENTS 2. Monetar} compensation. The city council shall condition approval of a street vacation upon Code Language Options: V satisfaction of the following monetary conditions: Item No. 1: Red = Planning Board Recommendation C a. Payment of appraisal fees as outlined in section ECDC 18.55.XXX; and t� b. a en to the city, prior to the effective date of the ordinance, in an amount of up o t Payment ty> P [Item de Language Options: i one-half the fair market value for the subject property unless the subject property was No. 2: Blue = Staff Recommendation acquired at "public expense" or has been part of a dedicated public right-of-way for 25 O years or more, in which case full fair market value shall be paid. r Monetar} compensation. The city council shall condition approval of a street vacation upon - - Code Language Options: C satisfaction of the following monetary conditions, unless an easement has been reserved and/or a Item No. 1: Red = Planning Board Recommendation IM substitute public right-of-way has been granted to the City of Edmonds for a third oggy], C a. Payment of appraisal fees as outlined in section ECDC 18.55.XXX; and L M O b.IPaymen� to the city, prior to the effective date of the ordinance in an amount of up to CI -- Code Language Options: one-half the fair market value for the subject property unless the subject property was Item No. 2: Red = Planning Board Recommendatioi acquired at "public expense" of has beep pai4 of a dedie.ded public right of way for 25 7 years or mere, in which case full fair market value shall be paid. a N C 3. I n} challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be - Code Language Options: O M brought in Snohomish County Superior Court no later than 30 days following the adoption of the it No. 5: Blue = Staff Recommendation resolution of intent. If such a challenge is successful, the city council shall determine whether to amend C the resolution of intent by adopting a different set of conditions or to deny the street vacation in its d E entirety. E �n_ challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be g P P Code Language Options: O N brought in Snohomish County Superior Court no later than 3A 60 days following the adoption of the Item No. 5: Red = Planning Board Recommendation Q. resolution of intent. If the City is served with such process before the City Council takes action on the street vacation ordinance, then any street vacation ordinance adopted prior to the condition being i deemed valid shall be null and void. If the City has not been served with such process by the date the 0 O City Council adopts the street vacation ordinance, then the right to challenge the condition shall be m deemed waived even if time remains in the appeal period, PROVIDED THAT any ordinance adopted prior to the running of the appeal period must be preceded by the City's receipt of the written consent of the petitioner(s). If such a challenge is successful, the city council shall determine whether to amend the resolution of intent by adopting a different set of conditions or to deny the street vacation in its entirety. d U C. Final decision. If the abutting property owner(s) complies with conditions imposed in the resolution of intent to V LLI vacate within the timeframe specified within the resolution, the city council shall adopt an ordinance granting the vacation, provided that the city council shall not be required to adopt the vacation ordinance if it finds, after ti reviewing the appraisal, that the monetary compensation to be paid to the city is not sufficient to compensate for O the public's loss of the subject property. The effective date clause of the ordinance shall be drafted to make the N ordinance effective upon recording, and only if the ordinance contains proof of payment received, with the City d receipt number indicated on the ordinance. If the city council ultimately determines that the amount of Q. compensation is not adequate to complete the vacation, the City shall reimburse the applicants for the appraisal t costs. V D. Distribution. Within five working days of the city council decision, the public works director shall mail a copy of the notice of decision to the applicant and all persons who submit a written or oral testimony at the city N council's hearing. [Ord. 3910 § 3, 2013; Ord. 2933 § 1, 1993; Ord. 2493, 1985]. t X W 20190927 DRAFT code with Planning Board Recommendations C d E t t� M r r Q Packet Pg. 242 7.1.c Street Vacation Code Update — Chapter 20.70 ECDC --> NEW Chapter 18.55 ECDC The Planning Board was looking for options to review with certain aspects of the code update. The following table outlines the code sections and includes the Planning Board Recommendation. Refer to separate draft code document to see the proposed code in its entirety, including the Planning Board recommendation. Item Existing Code Language Summary of Issue Staff Recommendation Planning Board Recommendation No. 1 Monetary Compensation ECDC 20.70.140.A.3 3. Adopt a resolution of intent to vacate stating that the city council will, by ordinance, grant the vacation if the owner(s) of property abutting upon the street or alley, or part thereof so vacated, meet specific conditions within 90 days. The city may require the following as conditions: a. Either: i. Monetary compensation ... OR b. A grant of an easement to the city in exchange for the easement vacated. RCW 35.79.030 allows the City to receive compensation for the street vacation AND retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. ECDC 18.55.030 Right to reserve easements for the following purposes: A. Public utilities; B. Pedestrian walkway or trail; and/or C. Third -party utility companies AND The way the existing code reads, the City may EITHER receive monetary ECDC 18.55.140.E compensation OR be granted an 2. Monetary compensation. easement. Staff is proposing to amend the code consistent with the state statute to allow both monetary compensation and the reservation or granting of easements. A review of other jurisdictions has found that the City of Edmonds is the only jurisdiction (of those reviewed) who have the EITHER/OR language with regard to monetary compensation and the reservation of easements. Added consideration: ECDC 18.55.XXX C. ... appraisal shall take into account any reduction in fair market value associated with the conditions imposed in the resolution of intent Consistent with existing code, limit conditions to Either: Monetary compensation ... OR A grant of an easement to the city in exchange for the easement vacated. Page 1 of 3 a Packet Pg. 243 7.1.c Street Vacation Code Update — Chapter 20.70 ECDC --> NEW Chapter 18.55 ECDC Monetary Compensation 2 ECDC 20.70.140.A.3.a The proposed code language is consistent ECDC 18.55.140.B.2 i. Monetary compensation to be paid to the with RCW 35.79.030. b. Payment to the city, prior to the effective b. Payment to the city, prior to the effective date of city in the amount of up to one-half the fair date of the ordinance, in an amount of up the ordinance, in an amount of up to one-half market value for the street, alley, or part to one-half the fair market value for the the fair market value for the subject property thereof to be vacated unless acquired at subject property unless the subject unless the subject property was acquired at "public Expense" then full appraised value property was acquired at "public expense" "public expense" ^" has been part of a dG ed- icate shall be paid or has been part of a dedicated public fer 25 in public right of way yeaFS or re, right-of-way for 25 years or more, in which which case full fair market value shall be paid. case full fair market value shall be paid. Appraisals — Applicability and Waiver 3 ECDC 20.70.060.G The staff recommended draft code was ECDC 18.55.XXX If the Planning Board determines the granting of an G. Two copies of an appraisal prepared by updated as shown here, based on A. Applicability. Where the resolution of easement and/or substitute right-of-way negates the a qualified land appraiser with an M.A.I. discussions with the Planning Board. intent to vacate includes a compensation ability to collect monetary compensation and designation, establishing the fair market requirement, an independent appraisal therefore the appraisal becomes unnecessary, then value of the street alley, or part thereof to Additional language will be needed as shall be required. the following language should be included under the be vacated. An appraisal is not required if a provided in PB Option 1, should the board B. Appraisal Fee. Waiver section of 18.55.XXX: utility easement only is proposed to be decide to limit the vacation conditions to (additional language added to this section): vacated,- either monetary compensation OR For street vacations initiated by City E. Waiver. A waiver from the requirement to reservation of an easement. Council, the City shall be responsible for obtain an appraisal and provide monetary any associated appraisal fees. compensation will be granted if one of the C. No change proposed following apply: D. No change proposed a. The resolution for a City Council initiated E. Waiver. The requirement for an appraisal street vacation includes a finding that the and subsequent monetary compensation public benefit accruing from the vacation will be waived if a street vacation initiated alone is sufficient to justify the vacation by City Council, by resolution, includes a without any monetary compensation to the finding that the public benefit accruing City; from the vacation alone is sufficient to b. The resolution conditions the street vacation justify the vacation without any monetary upon the reservation and/or granting of a compensation to the City. public easement or substitute public right- of-way to the City of Edmonds [or a third party] . Page 2 of 3 Q Packet Pg. 244 7.1.c Street Vacation Code Update — Chapter 20.70 ECDC --> NEW Chapter 18.55 ECDC Existing Code Language I Summary of Issue I Staff Recommendation I Planning Board Recommendation Is — Selection 4 1 ECDC 20.70.060.G G. Two copies of an appraisal prepared by a qualified land appraiser with an M.A.I. designation, establishing the fair market value of the street, alley, or part thereof to be vacated. An appraisal is not required if a utility easement only is proposed to be vacated; Condition Challenges There currently is no code language that details how an applicant may appeal a condition imposed by the City Council in the resolution of intent to vacate. Some board members were looking for alternative options to the City selecting a qualified appraisal. PB Option 1 provides the applicant to select an appraiser from a City approved list. Four of the six surrounding jurisdictions that were compared allow for appraisals selected by the city and at the applicant's expense. There is no requirement is state code, nor have other jurisdictions explicitly detailed an appeal process for a jurisdiction's decision on street vacation conditions. The language regarding challenges to conditions imposed in the resolution of intent to vacate will provide applicant clarity on an appeal process where none is provided in state code. This will also provide certainty to the City of Edmonds that the ordinance passed by the City Council will not be challenged and the vacation is completed once the ordinance becomes effective. The staff recommended language provides a 30-day appeal period, which is longer than usual 21-day appeal for land use decisions (RCW 36.70C.040). ECDC 18.55.XXX C. If the City Council adopts a resolution of intent to vacate the subject property, the director shall be authorized to obtain an appraisal of the fair market value of the subject property from a qualified appraiser, taking into account any reduction in fair market value associated with the conditions imposed in the resolution of intent, including but not limited to a condition requiring the dedication of an alternative right-of-way. ECDC 18.55.140.13 Any challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be filed in Snohomish County Superior Court and served upon the City no later than 30 days following the adoption of the resolution of intent. [insert additional code language appeal period is revised to 60 days] If such a challenge is successful, the city council shall determine whether to amend the resolution of intent by adopting a different set of conditions or to deny the street vacation in its entirety. If the City Council adopts a resolution of intent to vacate the subject property, the director shall be authorized to obtain an appraisal of the fair market value of the subject property frerna qualified a , taking into account any reduction in fair market value associated with the conditions imposed in the resolution of intent, including but not limited to a condition requiring the dedication of an alternative right- of-way. The appraiser will be selected by the applicant from a City approved list that will contain no fewer than six aoaraisers. 60 day appeal period In revising the appeal period to 60 days, the following language shall be inserted in the code: If the City is served with such process before the City Council takes action on the street vacation ordinance, then any street vacation ordinance adopted prior to the condition being deemed valid shall be null and void. If the City has not been served with such process by the date the City Council adopts the street vacation ordinance, then the right to challenge the condition shall be deemed waived even if time remains in the appeal period, PROVIDED THAT any ordinance adopted prior to the running of the appeal period must be preceded by the City's receipt of the written consent of the petitioner(s). Page 3 of 3 Q Packet Pg. 245 7.1.d Date: August 9, 2019 To: Planning Board Members From: Jeff Taraday Re: Requiring Street Vacation Petitioners to Pay Compensation The following memo is provided to respond to questions and concerns as to whether it is appropriate to condition a street vacation upon the payment of compensation to the City. I have placed in quotation marks what I understand to have been the gist of the Planning Board's questions. Then I have tried to answer those questions. "Can the City require abutting owners to pay the City money as a condition of a street vacation?" Yes. The legal authority to require such a payment is found in RCW 35.79.030, which provides, in relevant part, as follows: If the legislative authority determines to grant the petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated. RCW 35.79.030 (emphasis added). This statute provides clear authority for the City to require compensation. But the City is not required to require a N600 Stewart Street, Suite 400, Seattle, WA 98101 I P 206.273.7440 I F 206.273.7401 I www.lighthouselawgroup.com Packet Pg. 246 7.1.d compensation, which brings us to the next question. "Should the City require abutting owners to pay the City money as a condition of a street vacation?" This is a policy question to be decided ultimately by the City Council. The Planning Board can make a recommendation to the City Council on this policy question. The City Attorney's recommendation is that the City should require abutting owners to pay for street vacations for various reasons including the following: 1. In most cases, the fair market value of the abutting owner's property would increase as a result of the street vacation; 2. If no payment is required, abutting owners would receive a windfall relative to other property owners who do not abut a street being vacated; 3. Streets are for the benefit of the general public, and payment to the City for a street vacation would also benefit the general public; 4. If the City does not receive money for a street vacation, in many cases, it would be difficult to articulate the public benefit that would justify the street vacation. "Doesn't the street already belong to the Petitioner? If so, why should they have to pay to have the street vacated?" The general rule is that the abutting landowner will be held to own the fee in the E public way in front of his or her property to the center of it, subject to the public easement. § 30:35. Ownership of streets, l0A McQuillin Mun. Corp. § 3 0:3 5 (3d ed.). But the title to streets and public ways, whether in the people or a `o municipality, or in fee or in easement, is held in trust for the public use, both for E the purpose of public travel and as a means of access to and egress from abutting E property. § 30:37. Title of municipality is that of trustee, 10A McQuillin Mun. Corp. § 30:37 (3d ed.). Thus, the public highways and streets are acquired and E held in trust for the use of all the people. For ordinary and general transportation Q and traffic they are free and common to all citizens. Thus, much is conclusively implied in their acquisition and maintenance, regardless of the estate or title by v which they are held. Streets primarily are for the use of the people as a whole, and cannot be diverted for merely local, or private use, or the rights of the public in them unreasonably curtailed or abridged. § 30:39. Paramount state powers, l0A Z McQuillin Mun. Corp. § 30:39 (3d ed.). x w The right to possession, use and control of the street by the municipal corporation is regarded as a legal, and not a mere equitable right, even where the adjoining E proprietor retains the fee. But whatever rights or title the city or town may have over its streets, its powers are those of a trustee for the benefit of the public to be a N600 Stewart Street, Suite 400, Seattle, WA 98101 I P 206.273.7440 I F 206.273.7401 I www.lighthouselawgroup.com Packet Pg. 247 7.1.d liberally construed for its benefit, strictly construed to its detriment. Whatever the nature of the title of the municipality in streets and alleys, whether a fee simple or only a qualified or conditional fee or a perpetual easement, it is such as to enable the public authorities to devote them to public purposes. The power to maintain and regulate the use of the streets is a trust for the benefit of the general public, of which the city cannot divest itself, nor can it so exercise its power over the streets as to defeat or seriously interfere with the enjoyment of the streets by the public. In other words, as noticed above, in supervising the uses of its streets, a municipal corporation is engaged in a function essentially public and governmental. § 30:41.Municipal powers, 10A McQuillin Mun. Corp. § 30:41 (3d ed.). Hence, whenever a street is vacated, the public loses something of value. Even if that value does not manifest itself in present day use by the public, the rights of the public to use that street in the future are being withdrawn from the public trust. In our opinion, the loss to the public and the gain in the value of the abutting owner's property, can only be justified by a payment of fair market value to the City. This opinion is consistent with the statute which requires that "[o]ne-half of the revenue received by the city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and related maintenance of public open space or transportation capital projects within the city or town." RCW 35.79.030. x w c m E Q N600 Stewart Street, Suite 400, Seattle, WA 98101 I P 206.273.7440 I F 206.273.7401 I www.lighthouselawgroup.com Packet Pg. 248 7.1.e Year Ordinance No. Street/Alley Iniatiator Easements Resrved? Compensation Comments 1998 3188 237th Place SW City of Edmonds Utility (to the City and its $0 The City Council found that public benefit will be derived from the lawful franchisees) vacation to better utilize the easement for drainage easements and future utility use and determined that the public purposes outweight the need for requiring compensation. 1998 3189 15th Street SW & 100th City of Edmonds $0 The vacated right-of-way was adjacent to the Edmonds Cemetery and was Avenue S vacated in part to support the construction of the columbarium at the cemetery. 1998 3197 Lunds Gulch Rd City of Edmonds $0 The street vacation for ordinances 3197 - 3208 were initiated by the City of Edmonds. All of the vacated right-of-way were located in the Meadowdale area and most contained slopes in excess of 40%. No compensation was required for any of the vacations because the Council found that, "Due to the public benefits to be derived, the abutting property owners are not required to compensate the City for the vacation of the right-of-way." The public benefit noted in the ordinance included, "...returning the propoerty to the tax roll and relieving the City of the obligation to maintain a right-of-way easement which has no reasonable likelihood of development as a public street thereby creating a public interest which outweighs the necessity to require compensation for the vacation to the City." 1998 3198 Unnamed City of Edmonds $0 1998 3199 72nd Ave W City of Edmonds $0 1998 3200 72nd Ave W City of Edmonds Pedestrian/Utility $0 1998 3201 73rd Ave W City of Edmonds $0 1998 3202 74th Place W City of Edmonds Utility $0 1998 3203 75th Ave W City of Edmonds $0 1998 3204 156th Street SW City of Edmonds $0 1998 3205 156th Street SW City of Edmonds $0 1998 3206 158th Street SW City of Edmonds $0 1998 3207 164th Street SW City of Edmonds Utility $0 1998 3208 172nd Street City of Edmonds Utility $0 1999 3255 180th Street SW Citizen $3,562 Vacation would have allowed one additional building lot whose value could range from $30,000 to $65,000. The abutting property owners agreed to waive subdivsion rights created by the vacation right-of-way via a covenant recorded with the vacation ordinance. 1999 3260 218th Place SW Citizen $5,300 Appraised value of $10,600. Originally dediciated for hammerhead turn- around and the street is now a through street. 2003 3463 7th Avenue S Citizen/City of Pedestrian/Utility $5,454 Clean up of a vacation request and subdivision from 1987. Council Edmonds considered three compensation options, (1) using the current (2003) land valuation for a total of $31,050, (2) use of 1993 assessed valuation (when the then current property owner purchased the property) for a total of $18,468, or (3) use the original 1987 calculation for a total of $5,454. Since it appeared to be a City oversight that the vacation did not occur in 1987, the City Council chose the 1987 valuation. c m x 2 0 a c� E E Cn N c 0 a c� r m m Cn N a x w r c m E t r Q Packet Pg. 249 7.1.e Year Ordinance No. Street/Alley Iniatiator Easements Resrved? Compensation Comments 2003 3470 Bowdoin Way City of Edmonds $0 Vacated 3 feet of Bowdoin Way adjacent to 8505 Bowdoin Way. The City of Edmonds had sold 8505 Bowdoin Way as surplus property (former site of Five Corners Fire Station). As part of the sale, the City of Edmonds indicated it would vacate the right-of-way. The City Council determined adequate compensation was received from the sale of the property (included in the sales price) and did not require any additional compensation for the right-of-way. Price of the sale unknown, but value was based on the ability to construct 7 units on the property. 2004 3520 174th Street SW City of Edmonds $1,500 This vacation appeared to be clean up of some license agreement from 1973. One-half of the appraised value would have been $8,000. City Council accepted the reduced payments because, (1) the subject property was burdened by access rights, (2) the prior property owners refused to purchase the site, (3) returning the property to the tax roles would compensate the City through additional tax revenue, and (4) the owners will incur additional costs to survey and assign the site by lot line adjustment. 2005 3543 Sierra Place Citizen Utility $3,750 $3,750 was one-half of the appraised value of right-of-way to be vacated. Covenant recorded restricting use of the adjacent property to one single family residence due to presence of critical areas including stream, wetland, and slope. 2005 3551 Daley Street Citizen $62,500 $62,500 was half of appraised value. A single-family residence has been constructed on this former right-of-way. 2005 3565 219th Street SW Citizen Utility $67,731 $67,731 was half the value of the encumbered right-of-way. The appraisal considered the unencumbered value of the right-of-way to be $267,000 and the value of the right-of-way with the reserved utility easement to be $135,461. c �L m x 2 3 a c� E E Cn N C 0 �a c� r m m L Cn N a t x w r c m E r Q Packet Pg. 250 7.1.e Year Ordinance No. Street/Alley Iniatiator Easements Resrved? Compensation Comments 2007 3647 8th Avenue N Citizen Creek Maintenance $7,500 The fair market value of the property was appraised to be $22,500. The Easement City Council reduced compensation below 50% to relect the costs associated with obtaining an appraisal and the other associated costs of the vacation process, as well as required lot line adjustment and the cost of tree removal, yielding in the City Council's estimation a reasonable compensation to the public of $7,500. 2007 3662 77th Place W Citizen $1,400 The $1,400 was more than one-half appraised value. Two appraisels (both paid by the applicant) assumed a total appraised value of $1,350 and $1,620. The appraisals were based on the differential values of similarly sized and valued properties, calculated the appraised value based on the incremental difference in property valuations. During the public hearing, the City Council did not feel the appraisals appropriately reflected the value of the property. The applicant had offered to pay the City $1,400 for the vacated right-of-way. After much discussion on the value of the similarly situated property, the City Council chose to accept the applicants offer of $1,400 for the right-of-way as adequate compensation. 2008 3729 Alley between 8th and 9th City Council Temporary Construction $0 A temporary construction easement was reserved for the construction of Easement a retaining wall north of the vacated easement to be constructed in association with improvements for a 3-lot short plat north of the vacated right-of-way. The City Council found it to be in the public interest to vacate the property without compensation, given its small size (7 1/2 feet in width), its lack of value and utility to the City, the fact that it, except as provided herein (presumbably referring to the tempoary construction easement), serves no public purpose, and that returning the property to the tax rolls provides a benefit to the City. 0 c �L m x 2 0 a c� E E Cn N c 0 a c� m m Cn N c� a x w r c m E r Q Packet Pg. 251 7.1.e Year Ordinance No. Street/Alley Iniatiator Easements Resrved? Compensation Comments 2016 4028 right-of-way in Civic Field City Council $0 After the City of Edmonds acquired Civic Field from the school district, the City Council iniated street vacations to vacate portions of Edmonds Street, Sprague Street and an unnamed alley that extended through civic field. Utilities are located in Civic Field, but since the City of Edmonds is the property owner, no easements were required with the vacations. 2017 4061 92nd Avenue W Citizen Easements for third party $92,610 $92,610 was one-half of the appraised value. The property owners were utilities required to assume ownership of the stormwater facilities located within the right-of-way and grant easements to Olympic View Water and Sewer District, Snohomish County PUD, and PSE. The property owner also had to acknowledge improvements related to fire protection should the property be redeveloped. 2018 4114 Unnamed right-of-way near Citizen Easement for third party $28,800 $28,800 was one-half of the appraised value. An easement was required 231st Street SW utility for an Edmonds School District stormwater line located within the right-of- way. 2019 4143 Excelsior Place Citizen Utility and Access $0 No compensation was required because the City of Edmonds retained Easement easements. Conditions of vacation included (1) retention of public utility easement, (2) constuction of a utility access and emergency vehicle turn- around, (3) private access easement for all properties with frontage on the vacated portion of Excelsior Place, and (4) a utility and emergency vehicle access easement and covenant requiring construction of additional access road width to meet South County Fire Lane standards with future single- family development. c �L m x 2 0 a c� E E Cn N c 0 a c� m m Cn N d t X W r C d E t v R .r r Q Packet Pg. 252 7.1.f CITY OF EDMONDS PLANNING BOARD Minutes of Meeting July 10, 2019 Vice Chair Robles called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 — 5' Avenue North. BOARD MEMBERS PRESENT Daniel Robles, Vice Chair Todd Cloutier Alicia Crank Roger Pence Nathan Monroe Mike Rosen Carreen Nordling Rubenkonig BOARD MEMBERS ABSENT Matthew Cheung, Chair (excused) READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Planning Division Manager Kernen Lien, Environmental Program Manager Jeanie McConnell, Engineering Program Manager Jerrie Bevington, Video Recorder BOARD MEMBER MONROE MOVED THAT THE MINUTES OF JUNE 26, 2019 BE APPROVED AS AMENDED. BOARD MEMBER ROSEN SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS Ken Reidy, Edmonds, said he was present to speak about the proposed street vacation code amendment. As a citizen whose life was dramatically impacted by a recent street vacation, he has a great interest in the proposed change. He said it is important for the Board to understand that, with streets and alleyways, the City has easement rights, but the fee titles belong to the adjacent property owners in most cases. The City's right is called the dominant estate, which is the right to use the easement for egress/ingress. The property owner's right is called the servient estate. Prior to the City opening a street or alleyway, the servient estate gets to use the easement just as they use the rest of their property. This is a constitutional right and the law is well settled. He is concerned that the proposed amendment does not differentiate between street vacations of unopened and opened easements. If the City hasn't used the easement rights for a long period of time, the street vacation should be treated differently. Mr. Reidy recommended that the process be slowed down so that the citizens have an opportunity to be more involved in the rewrite of this specific code section. It is too important and they need to get it right. He said he has had very little time to review the proposed amendments. He explained that, historically, the City has a provision that, when vacating a street or alley easement, the City can either require a replacement easement for utilities or charge monetary compensation. The Code is very clear that this is an either/or provision. However, the proposed amendment would allow the City to do both. He a Packet Pg. 253 7.1.f expressed his belief that the citizens of Edmonds would prefer the either/or provision and not both. He provided copies of an email he sent to the City Council, asking that the process be slowed down. Again, he asked the Board to read the email and afford the citizens a chance to be involved in the process. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD There was no Director's Report. UPDATE ON CLIMATE GOALS PROJECT Mr. Lien provided a status report on each of the goals contained in Resolution 1389, which was adopted by the City Council in 2017. • Goal 1 -- The City Council fully supports the Mayor's endorsement of the Mayor's National Climate Action Agenda. This goal has already been accomplished. • Goal 2 -- The City Council has rededicated itself to partner with the City administration and Edmonds citizens to identify benefits and costs of adopting policies and programs for long-term reduction of greenhouse gas (GHG) emissions. Work on this goal is ongoing. • Goal 3 — Planning Division and Climate Protection Committee will report annually to City Council on municipal and community -wide GHG inventory, starting in 2018. A report on the GHC inventory was provided to the City Council in 2018. Rather than focusing on the inventory, future reports will focus on different projects or implementations to meet the GHG targets. • Goal 4 — By July 1, 2018, the Planning Division and Climate Protection Committee will establish and recommend GHG emissions reduction targets for both near and long-term. This work is ongoing. The work to establish the targets and make a recommendation to the City Council is very complex. The Climate Protection Committee has been meeting monthly with a consultant to discuss what the target should be and what it will take to meet the target. • Goal 5 — The Planning Division and Climate Protection Committee will update the City's Climate Action Plan (CAP) and review specific strategies for meeting the GHG emissions reduction target while tying mitigation with adopting measures where possible. This goal is currently ongoing. The current CAP and GHG emissions reduction targets and strategies have been reviewed and more information will be provided later in the presentation. • Goal 6a — The City accomplishes 100% renewal energy goal for electricity supply to municipal facilities by 2019. This goal has been accomplished via an energy credit pilot project with the Snohomish County Public Utility District (PUD). All the energy the City purchases from the PUD in 2019 will come from renewable resources. The plan is to continue this work next year, as well. • Goal 6b — Community -wide goal of 100% renewable energy for electricity supply to be achieved by 2025. This target will be difficult to meet, but recent action by the State Legislature (Senate Bill 5116) includes specific and aggressive targets for being carbon neutral by 2030 and carbon free by 2045. PUD incentives and more public awareness will also help the City accomplish this goal. • Goal 7 — Planning Division and Climate Protection Committee will develop a work plan by November 2018 to m include options, methods and financial resources, along with a timeline and milestones to achieve the renewable energy goals. Goal 6a has been accomplished through the PUD's energy credit pilot project and Goal x 6b can be accomplished via State legislation, PUD incentives, and more public awareness. w c Mr. Lien advised that the City completed the Greenhouse Gas (GHG) Inventory in 2009 and the Climate Action Plan was E adopted in 2010, along with policies in other City documents. He explained that GHGs are gases that trap heat in the a Planning Board Minutes July 10, 2019 Page 2 Packet Pg. 254 7.1.f Board Member Rubenkonig recalled a volunteer service called Waste Warriors that worked the festivals around the area to divert the organic waste from the food waste. Not only did they collect a sizeable amount of compostable waste, but they were also able to educate people on how to sort out what is and is not recyclable. This is an easy strategy, yet it has lost momentum. She suggested that an additional strategy should be added to promote local programs that educate and help citizens make better decisions. She cautioned against making the Climate Action Plan so lofty that it does not accommodate smaller, more realistic programs. Vice Chair Robles said he is a strong advocate of seeding the record so that people searching the City's website can find the terms that are being discussed by the Board. Regarding Board Member Cloutier's earlier comment related to reducing the amount of energy used for heating and cooling the air, he suggested the City have a policy that the air conditioning does not come on until the temperature reaches 80°. Vice Chair Robles noted that methane, pentane, hexane and octane are all hydrocarbons, and it is difficult to find equivalency unless a strictly carbon measurement is used. This approach would make it easier to manage the equivalencies. He also suggested that there are other economic methods that could be applied to the trade of carbon, etc. Regarding Board Member Rubenkonig's earlier question, Vice Chair Robles pointed out that activists are working hard to address this subject. They need to all work together, but it seems like programs often fall away due to lack of funding. However, there are opportunities for communities to exchange value in ways that are not dollars. Vice Chair Robles commented that the data provided in the report is interesting. He recalled that the Board was recently invited to develop its wish list of metrics for measuring a healthy city that could be injected into the Healthy City Report. With regard to zoning, he pointed out that some commercial zones do not allow live -work spaces on the ground floor. The zoning code also restricts retail uses in neighborhoods causing people to have to drive elsewhere to get what they need. He pointed out that subterranean construction is also an opportunity to address temperature fluctuations. Also, he observed that plastic does not decay for 10,000 years and is made out of carbon, which means that it is sequestering carbon extremely effectively. He suggested the City consider shifting its war on plastic to actually embrace the carbon sequestering capacity of plastics for uses such as plumbing. Polypropylene plumbing can replace copper all day long. The energy required to create and recycle it is superior to copper, yet the City's current code prohibits its use. He summarized that there is a lot the City can do from a code standpoint to address climate control. They need to embrace new technologies and encourage the experts to stretch further. INTRODUCTION TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 20.70 STREET VACATION Ms. McConnell explained that the proposed amendment would move the street vacation amendments from Chapter 20 to Chapter 18. Chapter 18 is the Public Works Section and already includes provisions related to right-of-way, the street map, etc. The amendment clarifies, reorganizes and adds a definition section. The appraisal process and timing for when an appraisal is required was revised, as what the applicability of the monetary compensation aspect of a street vacation. Lastly, the amendment revises the timeframe required to satisfy conditions. Ms. McConnell explained that a street vacation is a process used to release a public street, alley, pedestrian and/or vehicular c easement that is currently being used or established as something that could be used in the future for a street, alley or easement if it is no longer needed for those purposes. A street vacation could happen through a petition of adjacent property > owners or initiated by the City Council. Street vacations do not come before the Planning Board for review. io Ms. McConnell said City staff often receives questions about the potential vacation of unopened alleys so they can be fully used by adjacent property owners rather than being preserved as potential rights -of --way access to be used by the City. She z shared an example of an unopened alley and explained that a street vacation is the process that would be used for releasing U J the right -of --way to a private property owner. c d Board Member Rubenkonig asked the difference between an unopened alley and an unopened easement. Ms. McConnell z said an alley is classified as a right -of way, and easements are located on top of or encumber a private property. An easement M a Planning Board Minutes July 10, 2019 Page 6 Packet Pg. 255 7.1.f reserves a portion of private property for a specific use, where the City actually has rights to alley and street rights -of way. If an adjacent property owner wants to use the right-of-way for private use, he/she would submit a street vacation request in order to have it transfer back to the title for their own property. Ms. McConnell explained that, while processing several street vacations within the last year, the staff and City Council found that the lack of information in the code and the way the code is laid out has made the process inefficient and even unfair in some cases. The proposed amendments are intended to improve the provisions for both the public and private property owners. Ms. McConnell advised that, as per the current code, if a street vacation is being proposed via a petition by an adjacent property owner, two-thirds of the adjacent property owners abutting the right-of-way must sign the petition in order for the City to accept the application. In addition, an appraisal is required as part of the application submittal, and the appraiser is selected by the applicant. That means an appraisal must be done before staff has reviewed the application submittal, before it has been determined whether or not an easement needs to be reserved, before it has been determined whether or not a right- of-way would need to be set aside in a different area and before it has been determined if the City Council would even consider the vacation. Because applicants select their own appraisers, each appraisal is different and there is no consistency. Ms. McConnell said the proposed amendment would push the appraisal further out in the process, after staff has reviewed the application and determined whether an easement needs to be reserved or a right-of-way needs to be set aside in a different area. The appraisal would also be postponed until after the City Council has reviewed and approved the request through a Resolution of Intent to Vacate. In order to make the appraisal process consistent across the board, the amendment would require a Yd party consultant review. The applicant would deposit funds to the City to cover the cost of appraisal and the City would send out for the appraisal to be completed. Unused funds that were set aside as a deposit would be refunded to the applicant. If a more extensive appraisal is required, the applicant may be required to provide additional funding. She summarized that any cost to the applicant would cover just the cost of the appraisal and nothing more. She summarized that pushing the appraisal further out in the process would allow the appraiser to consider easements and anything else that might be happening on the property or how else it might be used. Board Member Monroe asked what the appraisal is used for, and Ms. McConnell answered that it is used to determine whether or not there should be monetary compensation in order for the right-of-way to be transferred to adjacent properties. Currently, the compensation would be equal to 'h of the appraised value. Ms. McConnell clarified that an unopened alley is considered right -of way. It is not property an adjacent property owner can use because the City has jurisdiction over it. However, a property owner would be expected to maintain any vegetation within the alley. Board Member Pence questioned the policy behind requiring abutting property owners to pay the City compensation in the case of an unopened alley that has no value to the City. For example, when the block at 71 and Alder was platted, the right- of-way was gifted to the City for a potential future alley. The City did not purchase the land, and it was never developed as an alley. It is now a burden to the abutting property owners to the extent that it must be maintained. Ms. McConnell said the compensation requirement would depend on whether or not the land has value to the City. She explained that, even if the topography does not allow for actual travel, oftentimes, current or future utilities will run through the alleyways. It is important to keep in mind that the original intent was to have vehicular travel. However, as development occurred and other main corridor streets improved, the alleys were not always developed. The value of the property is looked at through the appraisal process. The regulations in the City's code mimic State law with regard to vacation of streets. Board Member Pence commented that a property being vacated ought to have some functional value to the City in order to justify charging a property owner for obtaining title to the land. In the case of an unopened alley, which has never provided any utility to the City and is unlikely to do so in the future, he would say the value of the property to the City is zero. That co should be reflected by the appraiser. Ms. McConnell responded that if an appraiser did find value to a property, the City would not be able to gift public land to an adjacent property owner. Therefore, monetary compensation is a necessary z component in many street vacations. L j Ms. McConnell advised that the current code allows the City to either accept monetary compensation or reservation of an d easement to the City. For example, if the City needs to retain an easement for utilities running through the property, there is z no ability to require monetary compensation, too. She explained that through the review and appraisal process it may be M a Planning Board Minutes July 10, 2019 Page 7 Packet Pg. 256 7.1.f determined there are reasons for monetary compensation in addition to an easement, and the proposed amendment would allow for both if determined necessary or appropriate. Ms. McConnell explained that with a Resolution of Intent to Vacate there are often certain conditions that must be met. For example, utilities may run through a right-of-way, in which case it would make sense to do a vacation with a reservation of an easement. In this case, the easement would show up in the Resolution of Intent to Vacate. Currently, the code states that any conditions must be met within 90 days after approval of the Resolution of Intent to Vacate. The proposed amendment would retain the 90-day compliance requirement, but add "unless otherwise stated in the resolution." The amendment leaves the compliance timeline open for more complicated street vacations that involve elements that take more time. The resolution can establish a timeframe that is achievable. Board Member Monroe asked if the applicant is responsible for determining the easements the City needs. Ms. McConnell answered that they do not determine the easements, but conditions may be placed in the Resolution of Intent to Vacate that require certain easements to be established. They are not always easements for the City; sometimes other utility districts need access easements to neighboring properties. It can take time to secure the easements, and sometimes legwork is required by the applicant to meet the conditions. Board Member Crank asked if the proposed amendment would allow the timeline to be restated or is it established at the time the resolution is adopted. Ms. McConnell said it is established by the resolution and cannot be restated later if the applicant needs more time to meet the conditions. Ms. McConnell said staff anticipates the Planning Board will conduct a public hearing on the proposed amendments on August 141, followed by a Planning Board recommendation to the City Council. The City Council will also hold a public hearing before taking final action. Board Member Pence asked Ms. McConnell to respond to the concerns raised earlier in the meeting by Mr. Reidy. Ms. McConnell said she hopes that his concerns and questions were answered during the presentation. There will be opportunities for public comment at the public hearings before both the Board and the City Council. Board Member Monroe asked if the City has selected a third -party appraiser. Ms. McConnell answered that a third -party appraiser has not yet been selected. As per the current peer -review process, the City puts out a proposal for various consultants. The proposals are then reviewed and a consultant is selected for an on -call contract. Board Member Monroe observed that the consultant would work for the City. Ms. McConnell said the appraiser would work for both parties and provide a consistent review for every application that the City receives. Board Member Monroe commented that the appraiser would likely view the City as his/her client rather than the applicant. Ms. McConnell said the goal is consistency and the ability to review every application in the same manner. Board Member Monroe asked about the typical cost of an appraisal, and Ms. McConnell answered that the deposit amount is around $5,000, but the appraisal could be less or more, depending on the variables. Board Member Monroe commented that, typically when a property changes hands, both the buyer and the seller get an appraisal. They compare the two appraisals and negotiate a deal. Based on the proposed amendment, the City would hire the expert. He asked if the property owner would have any recourse if he/she disagrees with the appraisal done by the City's consultant. Ms. McConnell said that is not currently addressed in the code, and Board Member Monroe suggested that a provision be added. Board Member Monroe said he is not comfortable with the City requiring compensation for a right-of-way it does not use. The proposed amendment could require both easements and compensation. He asked how much compensation the City io received in 2018 for street vacations. Ms. McConnell agreed to provide that information to the Board prior to the public hearing on August 14'. t x w Board Member Pence said when he interprets the term "3rd party appraiser" to mean the appraiser would not be a tool of i.7 either the Pt or the 2nd party. He/she would be a neutral person. He suggested the best way to achieve a 3rd party appraiser d would be to have one agreed to by both the applicant and the City. Otherwise, it's not a 3' party, but just the City's z appraiser. a Planning Board Minutes July 10, 2019 Page 8 Packet Pg. 257 7.1.f Board Member Rubenkonig reviewed that the existing code allows the City to require either monetary compensation or the reservation of easement to the City, and the proposed code would allow the City to require both. She suggested it would be better to use "and/or" instead of "and." Ms. McConnell said the intent was to allow one or the other or both. Board Member Rubenkonig asked Ms. McConnell to explain the difference between an open easement and an unopen -0a easement. Ms. McConnell said the City does not distinguish between open and unopen easements. Easements typically 0 encumber a private property and establish the area for use for a specific purpose such as a utility line. When they talk about alleys and streets, they are talking about right-of-way versus easements. She provided an example of an alley right-of-way o that is not opened to vehicular traffic. Because there is no street that connects 71 Avenue to 8r' Avenue, the City would consider it an unopened right-of-way because vehicles cannot pass from one end to the other. To clarify further, Ms. McConnell said the street vacation process specifically deals with vacating right-of-way. It could deal L with vacating an easement if the easement was used specifically for pedestrian or vehicular travel, but these requests are Cn uncommon. Most street vacation requests are for actual right -of --way to be vacated. c a Vice Chair Robles said he was impressed with Mr. Reidy's proactive approach. That is how he wishes notifications could occur. He wants to avoid situations where multiple public meetings have been held, but citizens don't show up to provide input until the last public hearing. Information needs to be provided to the community way in advance so citizens have a x clear understanding of how an issue might impact them. Perhaps they need a better notification process. Ms. McConnell asked if he is referring to a better notification process for code amendments specifically or notification when a street vacation application comes in. Vice Chair Robles said he was referring to the public review process for code changes. Mr. Lien a pointed out that ECDC 20.03 outlines the public notice requirements that apply to development projects and code updates. c For public hearings, notice is provided at least 14 days before the hearing. Notices are published in the newspaper of record The Everett nd posted at City Hall the Public Safe Building, the library, and on the Cit s website. Public notice ( Herald)) P Y Safety g, rY, Y' is also required for street vacations. The notices are posted in the places mentioned above. For project specific applications, a notices are posted on site and sent to property owners within 300 feet. Vice Chair Robles suggested that the notification process should be modernized to include electronic notification. He encouraged the City to reach out a little deeper and find other ways to notify the public. x w Vice Chair Robles commented that technology allows for shared data bases that can be accessed securely by broad groups of people. However, it will take some bold visioning on the part of the City to accommodate. The idea that they need one appraiser to streamline the process could be challenged now where it wasn't in the past. Ms. McConnell said she is unfamiliar with the appraisal database he is referring to and cannot speak to that. Vice Chair Robles agreed to provide information about the technology he referenced. 0 M Vice Chair Robles asked if current easements and rights -of -way will accommodate 5G equipment. If so, will utilities require a payment for the use of the 5G access. He asked if there are other ancillary revenue streams that would taint the revenue model on the easements. Ms. McConnell said the 5G process is a completely different process, and anything related to it would be handled under a completely different code chapter. The proposed amendments are specific to street vacations. a With any use of the right-of-way by a utility, the continued use of the right-of-way or area would be reviewed during a street o� vacation process and easements would be established as needed. N 6 Board Member Rosen said his understanding is that the City Council, in general, is going to take the publication engagement process on a much more global scale. Council Members Teitzel and Mesaros have agreed to lead this effort. Perhaps the > a Board's thoughts could be part of that discussion. io Board Member Rubenkonig observed that once a street vacation agreement is approved, the City can tax the property owner for the additional land they own. t x w REVIEW OF EXTENDED AGENDA c d Vice Chair Robles reminded the Board of their joint meeting with the Architectural Design Board on July 24t1i. The August z 14' meeting will include an update on the Ruckelshaus Center Report (RoadMap Project) and a public hearing on the street � a Planning Board Minutes July 10, 2019 Page 9 Packet Pg. 258 7.1.g CITY OF EDMONDS PLANNING BOARD Minutes of Meeting July 24, 2019 Chair Cheung called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 — 5' Avenue North. PLANNING BOARD MEMBERS PRESENT Matthew Cheung, Chair Daniel Robles, Vice Chair Nathan Monroe Carreen Nordling Rubenkonig Mike Rosen Conner Bryan, Student Representative PLANNING BOARD MEMBERS ABSENT Todd Cloutier (excused) Alicia Crank (excused) ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS ARCHITECTURAL DESIGN BOARD MEMBERS PRESENT Maureen Jeude Cary Guenther Joe Herr Bruce Owensby Kim Bayer ARCHITECTURAL DESIGN BOARD MEMBERS ABSENT Tom Walker Lauri Strauss STAFF PRESENT Rob Chave, Development Services Manager Mike Clugston, Planner Jerrie Bevington, Video Recorder Karin Noyes, Recorder Ken Reidy, Edmonds, said he was present to follow up on the comments he made at the July loth meeting. He observed there seemed to be some confusion between a term he used (unopened easements) and a term the City used (unopened alleys). As per Page 63 of the July loth Planning Board Packet, the term subject property means the "street, alley, easement or portion thereof sought to be vacated." It is important for the Board to understand that the photograph staff displayed that evening as an "unopened alley" is the same thing he was referring to as an "unopened easement." Mr. Reidy reported that there have been three street vacations over the last 3 years. The I't easement started in 2016 and involved the vacation of an easement that was used by the City to open a street. The City Council required the reservation of multiple easements and maximum compensation of $92,610. One of the easements that was required was to Olympic View Water and Sewer District despite the fact that the franchise contract had expired in 2014. The 2nd easement was a vacation of another easement the City had used to open a street and involved no payment in compensation but multiple easements. The 31 easement was vacation of an easement the City had never used. In that case, the City Council required the property owner to grant an easement to the Edmonds School District, who had put a pipe in the easement area with a permit. They also made the property owner pay $28,800 in compensation. Mr. Reidy pointed out that, in the great majority of cases, title to the property underlying a street or alley belongs to the abutting property owner. The City has an easement right to use that property. While there are times when the City does own the property that a street or alley is on, these instances are rare. It is even rarer for those types of streets to be vacated Q Packet Pg. 259 7.1.g because the City owns title to the property. The law in Washington State is well settled that the fee title to the streets and @ alleys rests in the possession of the abutting property owners. City staff mentioned title transferring back to the abutting property owners, but this is not what happens when an easement is vacated because the property owners already own the title. A question was raised about what an appraisal was used for, and staff indicated the compensation was paid to have the right- of-way transferred over to the adjacent private property owner. Again, there is no transfer, the City is simply releasing its o easement interest in the property. Staff also said that if an appraiser determined that the property had value, the City would V not be able to gift public land to an adjacent property owner. That is not an issue because the adjacent property owner already c owns the title and there is nothing to gift. Mr. Reidy said City staff also represented that it is not the property owner's property if there is an unopened alley behind > your home. Staff stated this is not property you are able to use because it is under the City's jurisdiction. However, if the d City is not using its easement rights, the owner of the property can use the property. For example, the Washington State y Supreme Court stated in Nystrand vs. O'Malley that the use by the fee title owner in extending his garage into the area, r- planting trees and hedge and constructing a bulkhead was not inconsistent with the public's easement since the right to open a G street for the public's use had not been asserted by the City of Seattle. c 'L Mr. Reidy encouraged the Planning Board to ask staff to provide an overhead photograph at the August 14' public hearing of = the same unopened alleyway that they showed last time, but just one block to the east. The Board will see multiple uses of 0 that unopened easement, including buildings, in that photograph. In conclusion, he asked that the Board consider having staff M correct the information that was presented to them on July loth. This code section is very important, and the citizens should a have an opportunity to be involved in the rewrite. c DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD E E Chair Cheung referred the Board to the Development Services Director's Report that was provided in the packet. There were Lj no comments or questions from the Board. 2 JOINT MEETING WITH THE ARCHITECTURAL DESIGN BOARD (ADB): DISCUSSION ON ADB ROLES a AND DESIGN REVIEW PROCESS n m Mr. Chave recalled that the Planning Board met with the ADB in December of 2017 to discuss design review and how the ADB process works. As a result of this discussion, the ADB had a few discussions at subsequent meetings about design w review, what they saw their role being going forward, and how the design review process could be adjusted to reflect some of their ideas. He referred to the materials provided in the packet, which included information that was presented during the ADB's discussions. 13 L Mr. Chave reviewed that design review has occurred in Edmonds for at least four decades. At one time, it was pretty open c ended. There were guidelines, but there were no standards in the code to guide design. At that time, the ADB felt it had a lot o0 of discretion on how to approach project approval. That changed in 1993 with the Washington State Court of Appeals Case Anderson vs. Issaquah. Issaquah was using a design review process based on the Edmonds model and the problem the court c saw was that applicants really didn't know how their projects would be approved. They had no certainty or predictability, and they often ended up going back and forth before a project could be approved because the language used in the codes was a quite vague and subject to multiple interpretations. The court saw that as arbitrary and capricious decision making, which r was not something a City was able to do. N 4 Mr. Chave said that, once that case was decided, Edmonds realized it needed to change its approach to design review. Going 4 forward, the City first adopted a set of design guidance as a stop gap, but the ultimate solution was to put more specificity into the codes, including clearer design standards and information about how a project would be measured and decided. Over the years, design standards have been adopted for specific zones and/or areas. Before Anderson Vs. Issaquah, the ADB design professionals talked to project proponents and there was a fair amount of give and take. The ADB felt it had some control over the ultimate design that resulted. Because of Anderson vs. Issaquah, that control eroded for the reasons stated by the court and came back in the form of standards in the code. The product of that, however, has been that when the ADB w sees a project proposal, the applicant has already done due diligence to review the codes and standards and arrived at a design m E .r Q Planning Board Minutes July 24, 2019 Page 2 Packet Pg. 260 CITY OF EDMONDS PLANNING BOARD Minutes of Meeting August 14, 2019 Chair Cheung called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 — 5' Avenue North. BOARD MEMBERS PRESENT Matthew Cheung, Chair Daniel Robles, Vice Chair Alicia Crank Nathan Monroe Mike Rosen Roger Pence Conner Bryan, Student Representative BOARD MEMBERS ABSENT Todd Cloutier (excused) Carreen Nordling Rubenkonig (excused) READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Planning Division Manager Jeanie McConnell, Engineering Program Manager Jeff Taraday, City Attorney Jerrie Bevington, Video Recorder Karin Noyes, Recorder BOARD MEMBER MONROE MOVED THAT THE MINUTES OF JULY 10, 2019 AND JULY 24, 2019 BE APPROVED AS PRESENTED. BOARD MEMBER CRANK SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS There were no audience comments during this portion of the meeting. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Cheung referred the Board to the Development Services Director's Report that was provided in the packet. There were no comments or questions from the Board. PUBLIC HEARING REGARDING AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE 00 (ECDC) 20.70 — STREET VACATIONS -W Ms. McConnell explained that the street vacation provisions currently reside in ECDC Title 20.70, and the proposed x amendment would relocate them to ECDC Title 18, which is the Public Works section. The amendment also clarifies and w reorganizes the provisions and adds a definitions section. The appraisal process and timing provisions were revised, as were c d E z c� a Packet Pg. 261 the provisions related to applicability of monetary compensation. Lastly, the timeframe was modified to satisfy conditions. Specifically, the proposed amendments: • Move Title 20 to Title 18 (Public Works Section). • Change the review lead from Planning Division to Public Works Division. • Add a new definition section (ECDC 18.55.005) to provide additional clarity. • Revise Section 18.55.015.D to reflect the types of plans and other documents needed for the application. • Add a new Section 18.55.030, which gives the City the right to reserve easements for pedestrian walkways and trails. • Add a new appraisal section (18.55.XXX) to address timing of appraisal and collection of fees for 31 party appraisal. • Add Section 18.55.140 to clarify the processing of street vacations, allowing the ordinance to address timing by which the conditions need to be met, establishing compensation of the area to be vacated based on the appraisal, and giving the City Council the ability to not adopt a vacation ordinance based on review of the appraisal should they choose. Mr. McConnell explained that a "street vacation" means that the public is letting go of, or vacating, the public interest in a property. After a street, alley or easement (pedestrian and/or vehicular) is vacated, the public no longer has a right to use the property for access. Street vacations can be initiated by private property owners or the City Council. As per Revised Code of M Washington (RCW) 35.79.040, `If any street or alley in any city or town is vacated by the city or town council, the property a within the limits so vacated shall belong to the abutting property owners, one-half to each. " a c City Attorney Taraday shared a tool he learned at law school called a "Fee Simple Bundle of Rights," which is uses sticks to illustrate the concept of real estate ownership He explained that real estate ownership, in actuality, is the ownership of a = number of potential rights of land, and the largest bundle of rights (sticks) available for private ownership is called the "Fee Simple Bundle of Rights." Fee simple ownership means that that the property owner owns every possible right that pertains a to the real estate. If someone has the underlying fee, it might mean that they own just one tiny right or stick and the rest have been transferred via dedication. It is important to understand this concept in the context of street vacations. d City Attorney Taraday explained that in the vast majority of instances an abutting owner owns the underlying fee. Therefore, w if the public's interest in a street ever goes away, the City doesn't deed the property back to the abutting property owner because they already have a reversionary interest. Instead, the City vacates the dedication that had been on the property. He 3 explained that a dedication, which is what creates a street, is defined in the subdivision statute as, "the deliberate appropriation of land by an owner for any general and public uses, reserving to himself or herself no other rights than such as are compatible with the full exercise and enjoyment of the public uses to which the property has been devoted. " Thinking of that definition in the context of the `Bundle of Rights" concept, it is important to understand that an owner cannot take m advantage of many of those rights by having the underlying fee in the street. Property owners cannot exclude people from the street, sell the street, occupy and/or use the street without the City permission, or get a bank loan using the street as collateral. He summarized that when a dedication creates a street, many of the sticks in the bundle are being taken out of the bundle and given to the public. While there are some sticks left in the bundle that is owned by the abutting property owner, the majority of the sticks are now owned by the public. CD T 0 Regarding the Board's earlier question about whether the City can or should require monetary compensation for street N vacations, City Attorney Taraday referred to two court cases that clarify the issue. The first is Nystrand vs. O'Malley, a 1962 Washington Supreme Court decision, which was referenced in Mr. Reidy's comments at a previous meeting. He read the y following quote from the case, "The use by the plaintiffs in extending their garage onto the area, planting the trees and a hedge and constructing the bulkhead was not inconsistent with the public's easement since the right to open the street for the Q public's use had not been asserted by the City. " In this case, the dispute was between two neighbors and did not involve a city. One neighbor felt he had the right to use the street in a particular way, and the other was saying he didn't have the right. 00 The city did not take a position and was not party to the case in any way. Because the City did not participate or assert its own rights, the case makes it sound like the abutting property owner has more rights than he/she actually has. The second case is Baxter Wycoff vs. the City of Seattle, a 1965 Washington Supreme Court decision. He read the following quote from w the case, "The lack of rights of the abutting owner to so use the street in front of his property does not depend on his c interference with an actual or proposed public use of the street. The abutting owner simply has no legal right to make this z c� Planning Board Minutes August 14, 2019 Page 2 Packet Pg. 262 kind of use of the dedicated public street unless an ordinance expressly authorizes permits for such use to be issued by the City even though no member of the public is inconvenienced by the private use. " In the latter case, a city is asserting its right to hold the property in trust for the public. When you consider the context of how they came before the court (one involved a city and the other did not), it explains why the law was articulated so differently. He shared another quote from the 1965 case, "The abutting owner has no right to build permanent structures in the street nor to set up storage yards therein for private business purposes. Assuming that such power exists, the granting of permission to a private person to so use the streets is totally within the discretion of the city. " Going back to the bundle of sticks. City Attorney Taraday summarized that there are not a lot of legal rights left to the underlying owner once a street has been dedicated to the public. For that reason, streets are not counted as part of the lot size when a property is appraised. City Attorney Taraday referred to a 1989 Washington Court of Appeals case, City of Seattle vs. ?? Land Company. The older streets in Seattle have glass tiles with space underneath that are frequently attached to basements of buildings abutting the street. Property owners pay the City of Seattle to use that space. In this case, a property owner claimed that, as the abutting owner, he had the right to use that space as long as it wasn't interfering with the public. He argued that that "other jurisdictions have held that where the fee is in the abutting owner, the City may not charge the abutting landowner rent for the use of such space. " The court, however, determined that, "To the extent that these authorities so hold, that is not the law in Washington. " City Attorney Taraday summarized that case law makes clear the extreme limitations placed on abutting owners within the context of a street dedication. On the other hand, a street vacation has a lot of value to an abutting property owner because all of the rights that applied to the street dedication would be given back to the property owner. All of the rights (or sticks) have value. Anytime they go back and forth between parties, there should be some transaction to compensate for the transfer of property. City Attorney Taraday read from Washington State Constitution Article 8 Section 7, `No county, city, town or other municipal corporation shall hereafter give any money or property or loan its money or credit to or in aid of any individual, association, company or corporation, except for the necessary support of the poor and infirm or become directly or indirectly the owner in stock in or bonds of any association, company or corporation. " He said that while there is not a case that directly addresses this constitutional provision in the context of a street vacation, it is his opinion that City should require compensation for a street vacation because it would be considered a gift of public funds or property not to. The rights (sticks) are owned by the public. If the City gives them back to the property owner without compensating the public for the loss of those sticks, it would be a gift of public property, which violates Article 8 Section 7 of the Washington State Constitution. The State uses a two -prong analysis to determine if a "gifting" has occurred. The first is, are you trying to carry out a fundamental purpose of government, and he can't see any argument that giving property rights back to a private citizen would be classified as a fundamental purpose of government. Secondly, the court focuses on the consideration received by the public for the expenditure of public funds and the intent of the appropriating body. The court would look at what consideration the City received for giving the rights (sticks) back, and he believes having the rights appraised is appropriate. Appraisers are trained to measure the differences in fair market value between a before and after situation. Board Member Pence pointed out that the City does not pay compensation when it acquires "bundle of sticks" when plots are dedicated. At the time of a subdivision, developers are required to gift street dedications to the City to provide access to the a lots. He understands City Attorney Taraday's viewpoint that street dedications are owned by the City and have value and r CD that abutting property owners who have reversionary interest in the properties should provide compensation if the streets are N vacated by the City. However, it is important to note that the City didn't pay to acquire the street dedications in the first .4 place. City Attorney Taraday responded that consideration doesn't have to be identical in terms of flowing both directions. The consideration the original owner gets is an approved plat. While it is true that the City doesn't pay cash for the streets 3 that are dedicated, it approves the plats and the owners profit from the approval. The only way you can get a subdivision M approved is to transfer those sticks (rights) to the City. Once they are owned by the public, it is not relevant any more how a they got to be in the public's hands. What is relevant is, should they be given back, and if so, why? co Board Member Pence summarized that the City acquires sticks within the public right-of-way, and its payment is the t administerial act of approving the subdivision. City Attorney Taraday agreed that is one way to look at it. It is pretty clear j L that a developer dedicates property for streets in order to get a subdivision approved. c d E z c� Planning Board Minutes August 14, 2019 Page 3 Packet Pg. 263 Board Member Monroe observed that the City sets the value of those rights at zero when they enter into negotiations with a; developer of a subdivision, but then they want to sell them back for fair market value. City Attorney Taraday responded that the City does not establish a value when the property is being dedicated for streets as part of a subdivision application. No money changes hands at that point. Not all consideration is in the form of cash. -a) 0 Board Member Monroe commented that when a street vacation is granted, it expands a property and property owners are then V required to pay taxes on the additional land. He asked if that would be enough compensation to the City to warrant approval 0 of a vacation request. City Attorney Taraday said his opinion is that every property owner pays taxes, but not every property owner gets to have the street in front of their property back. He cautioned that if the City were to vacate every potential > property without requiring any compensation, some residents in the City would get a windfall and others wouldn't. It +, wouldn't be fair to distribute public property unevenly so it goes to some people but not to all. His view is that the fair L approach would be to compensate the public for the loss of those rights. The current code allows the City to obtainCn compensation, but State Law allows the City to require higher levels of compensation than the code currently provides for. It also doesn't force the City to make an either/or choice between an alternative easement or cash compensation. 0 c Board Member Monroe summarized that City Attorney Taraday's position is that paying taxes on the newly acquired m property would not address the concern about the gifting of public funds. He asked if there are other states that do not require x money to change hands. City Attorney Taraday was unable to answer the question but explained that it is a Washington State n constitutional provision. 0 (L Board Member Rosen commented that a street vacation could result in a property owner acquiring land that he/she does not want and is not equipped to pay taxes on, and this could cause a hardship or financial burden. City Attorney Taraday c emphasized that no one would ever be forced to seek a street vacation. Most street vacations are initiated by a petitioner, cc who is the abutting owner who happens to want the property. Even if the City Council initiates a street vacation, it would not a) take affect until compensation is received. If the appraisal comes back higher than a property owner anticipates, he/she can V pull the plug on the street vacation. No one would ever be forced to follow through. Board Member Rosen asked what 73 would happen if one of the 10 property owners along an alley doesn't support the vacation. City Attorney Taraday said it a would depend on the location. Highly motivated neighbors might be willing to pick up someone else's tab. Another scenario n is that just half of the block could be vacated. However, he does not foresee the City would ever allow a checkerboard pattern of street vacations. Continuity would be required. w Chair Cheung asked if the appraisal would be based on value to the City or the abutting property owner. There must not be a a) whole lot of value to the City if they are willing to give it away. All the City would lose is the public right-of-way. City n Attorney Taraday recommended the Board seek feedback from an appraiser to provide specifics on how an appraisal would be done. He knows that when the City acquires right-of-way from an abutting property owner in order to widen a street, the -a property is appraised in the before and after conditions, and any damages the dedication might cause to the property are taken 0 into account when determining how much the City must pay the abutting property owner. He suspects that a similar process M would be used in street vacation situations, too. a c Board Member Monroe referred to proposed Section 18.55.040.13, which states that "The city shall not proceed with a city- 2 council initiated vacation if the owners of 50% or more of the lineal footage of property abutting the subject property file a a written objection. " He asked if this provision implies that the City could force property owners to assume ownership of the CD CD land. City Attorney Taraday said that, as proposed, the decision to not proceed with a vacation would occur earlier in the N process and before there is a Resolution of Intent. If 40% of the abutting property owners object, his experience tells him the .4 City Council would not approve the street vacation. If the Council does approve a street vacation in this situation, a certain dollar amount would have to be paid to the City in order to finalize the transaction. The 40% who object would not be required to pay the compensation amount, in which case, the 60% in favor could either withdraw their request or pay the entire compensation and the property owners in opposition would get a windfall. Board Member Monroe asked who would a own the properties, and City Attorney Taraday explained that it doesn't matter where the money comes from. The properties co would revert back to the apparent abutting property owners. Board Member Monroe voiced concern that the 40% who object could end up with a higher tax bill for property they didn't want. City Attorney Taraday agreed that is possible, but the likelihood of that being a significant amount of money is small. Vice Chair Robles thanked City Attorney Taraday for j clarifying that a property owner would not be forced to purchase a street vacation. As far as unjustly receiving a windfall, c d E z U c� Planning Board Minutes August 14, 2019 Page 4 Packet Pg. 264 citizens are already subjected to windfalls and judgment through the course of rezones, code changes, etc. He is not sure that argument would be strong in this case. Vice Chair Robles asked if fair market value assumes that anyone could bid on a 10-foot strip of right-of-way. City Attorney Taraday answered that an appraiser would define fair market value as the price at which a reasonable, willing and able buyer and a reasonable, willing and able seller are likely to enter into a transaction. This is typically determined by looking at comparable sales in the area. The properties are analyzed and a judgment is made to come up with a price per square foot for the land. Vice Chair Robles questioned how the fair market value would be established for a 100 square foot area in the middle of property abutted by two unwilling owners. It's attached to someone's property, which gives it value. A 100 square foot peace of land does not have any value on its own. City Attorney Taraday said it would have some inherent value, but Vice Chair Robles' question is more about whether an appraiser in this context would look at an assemblage premium. For example, an owner of a lot that is 9,500 square feet in size might request a street vacation because he/she needs an additional 500 square feet in order to subdivide the property into two, 5,000 square foot lots. The City would expect an appraiser to take into consideration that the street vacation would enable the property owner to get another lot worth of value. On a per -square -foot basis, 501 square feet might not be a lot of money. However, a vacant, buildable lot in Edmonds is worth quite a lot. Vice Chair Robles asked if an abutting property owner could list the street vacation as an amenity to the property when it is sold in a real estate transaction even if he/she has not exercised that right. City Attorney Taraday explained that the City Council has complete and total discretion to approve or deny a street vacation, and there are no criteria. The City Council does not have to provide a reason for the denials, either. He does not think anyone would want to stake a real estate purchase on this potential opportunity. Vice Chair Robles commented that the appraiser would also be making a speculative argument that the 80 square feet of land has value. City Attorney Taraday responded that, once an appraisal comes back, a property owner can decide to pay the compensation to have the extra land added to his/her lot or leave the land as is. Vice Chair Robles acknowledged that a property owner would not be forced to pay the compensation, and he asked if having a third -party appraiser to identify a transaction's value, who it is valuable for, and how the money is assigned would be a positive thing or confuse the matter more. City Attorney Taraday said he views the independent appraiser as being a key part of ensuring fairness. When appraisals come in for street vacations, City staff has noted there is too much variation in terms of what the City will receive. It is unfair that some people are submitting junk appraisals and paying hardly anything, and other people are doing it right and paying a fair amount of compensation. That disparity should not exist. The City can create a system where everyone is playing by the same rules and the appraisals are being done the same way. This provides confidence that a disparity in price is not because a completely different methodology was used. This is preferable to letting property owners choose whoever they want to do the appraisal. He said he and Ms. McConnell have given some thought to a process that would allow a property owner to have a second appraisal if they don't like the initial one. Ms. McConnell continued her presentation by pointing out that most of the street vacations that come before the City are initiated by private citizens versus the City Council. Petitioners understand that an appraisal is required and that compensation could potentially be necessary for the vacation to be completed. State Law requires compensation to the City in an amount equal to one-half or the full amount of the appraised value, which means that an appraisal needs to be done. In the existing code, an appraisal is the minimum application requirement and the appraiser is selected by the petitioner. As discussed at the last meeting, having that be a minimum application requirement means that the appraisal is being done before the City Council has determined it would even consider the property for vacation and before any easement requirements have been identified that would devalue the property. The proposed code moves the appraisal requirement to later in the process after staff has completed review and the City Council has approved a Resolution of Intent to Vacate. A requirement for a third -party appraiser was incorporated into the code, and the petitioner would be responsible for covering that cost. She noted that the current code also requires the petitioner to cover the cost of the appraisal. Ms. McConnell shared some ideas for how to address situations when a petitioner does not agree with the independent co appraisal. The ideas include: t • The petitioner could select an alternative appraiser from a list provided by the City. The list would have at least U j three names on the list. c • The petitioner would pay for the alternative appraisal, as well as the initial independent third -party appraisal. z U c� Planning Board Minutes August 14, 2019 Page 5 Packet Pg. 265 • Both appraisals would be included in the City Council packet, along with the street vacation ordinance and the City Attorney's analysis of the differences between the two appraisals. • The City Council would decide the compensation amount using the two appraisals as brackets for their discretion. Ms. McConnell explained that RCW 35.79.030 states that compensation to the city or town shall be in an amount equal to V one-half the appraised value of the area so vacated or at an amount not to exceed the full appraised value, which applies if the r_ street or alley has been part of a dedicated public right-of-way for twenty five years or more or if the subject property or o portions thereof were acquired at public expense. The City's existing code states that the City can accept monetary M compensation or reservation of an easement to the City. The proposed code would state that monetary compensation and allowance for reservation of easements are both possibilities. The current code limits the compensation amount to one-half the appraised value, and State Law allows the City to accept the full appraised value. L Cn Ms. McConnell said that, as per the existing code, certain conditions can be placed on the City Council's approval of a c Resolution of Intent to Vacate such as reservation of certain easements. The code requires that the conditions must be met a within 90 days of approval of the Resolution of Intent to Vacate. The proposed amendment still has a 90-day requirement for L compliance, but adds a provision that allows some flexibility if otherwise stated in the resolution. If there are extenuating m circumstances, it might take more time for a petitioner to comply with the conditions, and the proposed amendment would = allow the City discretion to grant an extension. •2 As requested by the Board, Ms. McConnell briefly reviewed the 2018 compensation history, noting that one street vacation a was initiated in 2018 by an abutting property owner. The owner paid half of the appraised value, which was $28,800. The a property owner approached the request knowing about the compensation requirement. They fell under the existing code, which meant an appraisal had to be done before an application was made. This is indicative of the types of street vacation d requests the City receives. 2 Ms. McConnell reviewed that the proposed amendments were introduced to the City Council Planning, Public Safety and Personnel Committee on July 9t1i and the Planning Board on July loth. The Planning Board will conduct a public hearing a tonight and forward a recommendation to the City Council. The item is tentatively scheduled for a public hearing and final n decision by the City Council on September 17'. a) x Ken Reidy, Edmonds, commented that the discussion about the "Fee Simple Bundle of Rights" did not included a w discussion about opened and unopened easements. When an easement is not being used by the City to open up a street or (; alleyway, the fee title owner of the property has rights to use the property. Mr. Taraday read about those rights in court case n Nystrand vs. O'Malley. He said there are numerous examples all over the City where property owners use the right-of-way when the City hasn't put in a street or alley yet. He specifically referred to a situation where someone sold their servient estate ownership interest to a neighbor, which is another bundle of sticks. He summarized that the rights of the two are not o absolute. The servient estate also has rights, and that's really important to appreciate. m a c Mr. Reidy recalled that when the proposed code amendment was introduced to the Board on July loth, City staff did not mention that the 2012 Planning Board was tasked by the City Council on two occasions to review this same item. M Amendments were needed to clarify certain parts of ECDC 20.70 and make the wording consistent with State Law. He spoke a at both of those public hearings (May 9, 2012 and November 14, 2012). The end result of this effort was that the City CD Council adopted Ordinance 3910, which made the City's laws more consistent with State Law (RCW 35.79.030). He N questioned why the Planning Board is now being asked to consider a major rewrite of this code section. He said he is .4 unaware of any changes to State law that makes this necessary. He asked who is pushing this effort that changes laws adopted N by a previous City Council. For example, the either/or provision is legal under State Law, and the City Council made a a legislative choice to establish that law. Why is staff now proposing that the either/or law be eliminated. It is good law that Q the citizens support. He asked that the Board recommend that the either/or provision be left intact. co Mr. Reidy asked why the proposed code amendment has been in the works since at least May 3, 2018 without an opportunity for property owners or citizens to be involved in the process. He noted that Ordinance 3910 clarifies the type of easements the City may retain when deciding to vacate a street or alley easement. The City Council may reserve rights for the City for w construction repair and maintenance of public utilities and services, which is consistent with State Law. Ordinance 3910 does not say that the City Council may require property owners to grant rights to third parties, yet the Edmonds City Council z c� Planning Board Minutes August 14, 2019 Page 6 Packet Pg. 266 has required property owners to grant easements to third parties during the last three street vacations. Instead of correcting their historical acts, he fears the City is attempting to change the code to promote similar acts in the future. He said he is not aware that any property owner has asked for this change. He pointed out that Ms. McConnell's reference to a recent street vacation that required a $28,800 compensation failed to mention that the property owner was also required to grant an easement to the Edmonds School District for an unpermitted pipe they had put in years ago. He cautioned against the City elevating third -party rights above those of the property owner. Mr. Reidy referred to the proposed language in ECDC 18.55.140.B.3, which states that, `Any challenge to one or more conditions imposed pursuant to a resolution of intent to vacate must be brought in Snohomish County Superior Court no later than 30 days following the adoption of the resolution of intent. If such a challenge is successful, the city council shall determine whether to amend the resolution of intent by adopting a different set of conditions or to deny the street vacation in its entirety. " He said RCW 35.79.030 does not say anything about a 30-day challenge period. It simply says that "such ordinance may provide that the City retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair and maintenance ofpublic utilities and services. " Mr. Reidy stated that it is not the property owner's job to see that all laws and ordinances are faithfully enforced; that is the Mayor's job. Shifting the burden to others by giving them 30 days to challenge the City Council's required conditions is very wrong and unfair. It should be kept simple to comply with State and City Laws. The City Council can retain an easement or rights. Retain means to keep possession of, but it does not mean that the City can require property owners to grant easements to third parties. Mr. Reidy pointed out that street vacations are legislative acts. He asked what would be the next legislative act that someone tries to make subject to a 30-day appeal period to Snohomish County Superior court if the proposed amendments are adopted. He commented that the courts do not want to be involved in the legislative process. Legislative acts are the City Council's responsibility and the City Council should be able to act within the law without involving the Superior Court. Mr. Reidy recalled that at the Board's July 10' meeting, City staff explained that if there was thought to be value to the land and an appraiser found value to the property, the City would not be able to just gift public land to an adjacent property owner. However, Ordinance 4143, effective February 20, 2019 did not require compensation even though the related appraisal showed the property had value. This was perfectly legal, as requiring compensation is permissive. The statement about gifting of public land is alarming for several reasons. It shows that City staff tasked with updating the code section may not have a complete understanding of this area of law. History shows that the City has not required compensation on many occasions. If gifting public land was not something the City was able to do, why would it have done so earlier this year? He suggested that gifting is not an issue because the property owner almost always owns the title. If the street or alley has been part of a dedicated public right-of-way for less than 25 years, State Law allows the City the option of requiring compensation in an amount which does not exceed one-half the appraised value of the area so vacated. He questioned why the other half wouldn't be considered a gift of public funds or a windfall? Resolution Number 1145 documents that the City Council voted to credit back costs, including the cost of the appraisal, to the abutting property owner by reducing the required compensation by $3,750. Should this be considered a gift or a windfall? He asked the Board to appreciate that compensation is permissive. He asked why City Attorney Taraday is talking about a potential windfall if payment is not required. The City Council has great legislative discretion, and they don't have to require compensation ever. In fact, since 1998, the City Council has not required compensation for most street vacations. For example, there were 15 street vacations in 1998 and none required compensation. History proves that it can be a public benefit to vacate streets without the need to require compensation. Mr. Reidy referred to City Attorney Taraday's memorandum, which also states that payment for a street vacation would N benefit the general public. He questioned if the general public would have legal standing to contest a street vacation if the .4 City Council did not require compensation? He referred to Grays Harbor 2000 vs. the City of Seattle, in which the City of Seattle vacated 15.2 acres of streets and did not charge compensation. Citizens appealed the decision, saying they were 3 harmed as part of the public because the City did not charge compensation, but the judge ruled that they didn't have standing 3 to contest the decision. He emphasized that the City and property owner have higher rights than the general public. Mr. a Reidy commented that State Law is clear that the respective rights of the City and property owner are not absolute, and case co law is clear that the property owner, and not the general public, has the right to use unopened streets and alleyways. z In conclusions, Mr. Reidy expressed his belief that staff's comment that the City would not be able to just gift public land to L j an adjacent property owner indicates that they do not have a keen understanding of the las. If such a major code rewrite was c needed, he asked why the citizens were not made aware of it? He recalled that in late 2016, he pointed out in a public hearing d E z c� Planning Board Minutes August 14, 2019 Page 7 Packet Pg. 267 on a street vacation that acquiring an appraisal so early in the process was wrong. He is glad the proposed amendment will address this issue, but in general, the existing code is good. It was just reviewed in 2012 and it remains solid. He suggested the best approach would be to leave the recently updated code as is, with just the one change to move the appraisal requirement to later in the process. He asked the Board not to move away from the legislative intent of the City Council that adopted the either/or law and compensation law that didn't go for the full appraisal value. There is no need to change the choices that were made in 2012. At the request of Board Member Pence, Mr. Reidy submitted his statement in writing. Fennis Tupper, Edmonds, said he has been a resident of Edmonds for 39 years and his property was part of George Brackett's original plat. His northern boundary line was the northern boundary of the City, and there is a 7.5-foot undedicated alley easement in his backyard. He noted that the street code requires 15 feet, but when the City annexed the Holy Rosary property to the north of his property, it did not require them to dedicate the other 7.5 feet. If you view the property on Google Maps or the City's GSA maps, you will see that almost every property owner has put up a fence and incorporated the 7.5 feet into their lots. In the 39 years he has lived in the City, he has witnessed many street vacations, especially in his neighborhood. For example, some of 8' Avenue that was never going to be opened because of a stream was vacated. A 7.5-foot easement between 8' and 9r' Avenues was also vacated with no compensation required. Mr. Tupper referred to Mr. Reidy's earlier question about why it would be okay to give away half of the public's funds by not charging the full amount. It is just not a valid legal argument. He said he watched the July 10' Planning Board Meeting on Channel 21 and was flabbergasted at some of the testimony that was provided by staff. He visited the Municipal Research Service Center's (MSRC) website (www.msrc.or ) for additional clarification. The MSRC is a non-profit organization that helps local governments across Washington State to better serve the citizens by providing legal and policy guidance on any topic. He learned that a public right-of-way is generally an easement, and when the right-of-way is vacated, the fee title to the property underlying the right-of-way held by the abutting property owner becomes unencumbered by the easement. What the vacation accomplishes is extinguishment of the right-of-way easement. Ms. McConnell said that abutting property owners cannot use the easement because the City has jurisdiction over it. However, per the MSRC, if the right-of-way has not been opened and is not improved, the obstruction of public travel is not an issue and the property owner is not subject to the same restrictions as when it is opened and improved. Typically, property owners can use the unopened, unimproved right-of-way as they can the rest of their property, but it is subject to the possibility of it being opened and improved at some point in the future. Mr. Tupper also referenced Ms. McConnell's statement that if there was thought to be value to land and an appraiser did find value to the property, the City could not just gift it to an abutting property owner. However, it is important to note that the City does not have title to the property. It only has an easement right, which is just one stick (right) in the bundle. Mr. Tupper said that about six years ago he discovered that the Lighthouse Law Group's corporate registration with the State had lapsed and hadn't been paid for or renewed. After discovering that, he went to the City of Seattle's website and found that the law firm, which had been formed about five years earlier, had never applied for a City of Seattle business license or paid City of Seattle taxes. He asked Mr. Taraday for a copy of his business license, and he told him it had lapsed. However, the following day he was down at the City of Seattle applying for the license. There is something about integrity and truth, and telling him that the license had lapsed was very untruthful. Michelle Dotsch, said she was present at the last meeting and heard Mr. Reidy address the Board. She was born and raised .4 in Edmonds and knows there are a lot of alleys that people walk and bike through. She recalled that City staff displayed a map at the last meeting that showed an alley in just one area, but a short Google search located a variety of Google Map photographs of local streets with unopened easements. In many of these situations there is landscaping, buildings, fencing, 3 etc. She submitted maps showing where all of the easements are located, noting that some have access to driveways to actual a parking garages on the backside with no access for vehicles on the front side. The owners of these properties would be co significantly impacted by the proposed amendments, yet there are only two public hearings during the summer when people are out of town. It is easy to do a Google Map search to find the property owners. She expressed her belief that the process z needs more time and attention. The City needs to reach out to the public by mailing notices to affected property owners. U j Chair Cheung closed the public comment portion of the hearing. E z c� Planning Board Minutes August 14, 2019 Page 8 Packet Pg. 268 Board Member Monroe advised that Board Member Rubenkonig was unable to attend the meeting but submitted a written -a comment asking about the impetus of staff s proposal to update the street vacation provisions. City Attorney Taraday explained that as staff has worked through street vacations over the past few years, it noted provisions that were either not as -a) clear as they needed to be or not as helpful to the City as allowed by State Law. He disclosed that he represents the City of 0 Edmonds and his responsibility is to advance the interest of the City of Edmonds and not individual property owners. If he sees that State Law allows the City of Edmonds to collect more money for a street vacation than it is currently collecting, it is 0 his job, as the City Attorney, to make that option available to the policymakers and let them decide whether or not they want M to amend the code. The City is leaving money on the table right now. He feels an obligation to bring that forward and let the > policymakers make a decision about whether that is a good thing or not. m L Board Member Monroe noted that, as proposed, the city attorney would provide an analysis of an appraisal. City Attorney Taraday said that is one option. He spent a lot of his career doing imminent domain work and deposing appraisers. Board Member Monroe pointed out that the proposed amendment does not say that Jeff Taraday will provide an analysis, it simply 0 says that whoever is the city attorney would do the analysis. City Attorney Taraday expressed his belief that most city i attorneys would be able to do that work. Board Member Monroe observed that, as per his earlier statement, City Attorney m Taraday is charged with advancing the City's interest and not that of private property owners. City Attorney Taraday said he x would provide an analysis to the City Council, and the City Council Members are also tasked with representing the City of Edmonds and looking out for the City's interest. He asked who better to advise the City Council than the person who has the fiduciary duty to look out for the interest of the City of Edmonds. a Ms. McConnell explained that the proposed amendments are intended to clarify and address issues that have come up over c the past few years as staff worked through street vacation applications. As proposed, the restructured process would be M smoother to follow and easier for the staff and public to understand the requirements. Moving the appraisal to a later point in = the process after the Resolution of Intent to Vacate has been approved will benefit petitioners so they don't spend money up front on something that may have no traction. The provisions were looked at holistically and are intended to address issues that kept coming up as staff dealt with residents coming to the front counter. a n In an effort to be transparent, City Attorney Taraday said the intent behind the current either/or provision is unclear to him. They could review the legislative history and try to identify the intent, but there is not always a clear answer for why a x provision was adopted into the code. However, it is completely arbitrary to try and equate the reserving of a simple easement w to the City on one hand and fair market value payment for the street vacation on the other. For example, you could have a r huge street vacation worth a lot of money, but if the City happens to have a small water line there that requires the n preservation of a small easement, the existence of the water line could create a completely arbitrary condition where the City either needs to vacate the street cost free, reserve the easement or deny the street vacation. Denying the street vacation -a request is not in the property owner's best interest. It is important to create conditions that allow street vacations to come 0 forward, and the either/or provision forces the City to make a difficult choice between three options that are not good. M Eliminating the either/or provision could create a situation where a reserved easement could end up reducing the amount of compensation that a property owner is required to pay. On the other hand, retaining the either/or provision would prohibit the c City from requiring compensation if any portion of the easement is reserved. M IL Board Member Crank said her initial understanding was that the proposed amendments were intended to catch the City's CD code up with the State Law, but it appears that has already been done. She asked if the true intent is to collect the money that N is being left off the table and put it into the City coffers. If that is the case, itis important that the intent is clear so that the .4 Board doesn't continue its conversation thinking they are trying to catch up with something that they have already caught up to. Secondly, she asked if there is a timing issue that requires that the Board's recommendation be forwarded to the City 3 Council for a September public hearing. 3 Q City Attorney Taraday reviewed that the focus of the 2012 update was fairly narrow and not intended to be a full rewrite of co the street vacation code. One reason it has taken so long to bring the proposed update forward is that, frequently in City government, there is too much to do and not enough time and resources. Projects end up getting re -prioritized. It took a t while for staff to realize that the full appraised value provision was not in the code. Rather than doing piecemeal L j amendments to the code, staff felt it was better to wait until they could do a complete rewrite of the entire chapter. d E z c� Planning Board Minutes August 14, 2019 Page 9 Packet Pg. 269 Ms. McConnell said that once staff starts a project, they try to keep it moving. They are pulled to a variety of different +; projects, and staff availability to work on projects is limited. The larger the gap is in between, the more time it takes staff to sync back into the project and bring it forward again. The tentative public hearing before the City Council on September 17' is purely an effort to keep the amendment moving forward while the issue is fresh on everyone's mind. -0) 0 Regarding the issue of retained easements by either the City or another agency, Board Member Pence commented that V petitioners are asking the City to give the bundle of sticks back to the abutting property owners. The retention of an easement o is the City merely saying that one of those sticks will have to be retained in the public interest. The petitioner would still CU have all the rights to use the land subject to the easements that are retained, and this will have an impact on the appraised > value of the parcel. He doesn't see retained easements as an issue at all since they are part of the reality of the process. m m L Board Member Pence questioned the use of the term "third -party appraiser," since it has not been referenced in theCn conversation. Currently, the appraiser is chosen by and becomes a client of the petitioner. Under the proposed amendment, the City would select the appraiser and that appraiser would be a servant of the City. There would be no third -party 0 involvement in the proposed process. However, there may be some merit in having third -party appraiser who is truly i independent of both the City and the petitioner. He said he has been involved in public property acquisition issues through m condemnation, and the agency has its appraiser and if the unwilling seller doesn't like the appraisal, he/she hires a different x appraiser. The issue goes to court and the differences are adjudicated. He suggested that for smaller -scale issues, it would be n more appropriate to have just one appraiser that both sides select from a list of qualified appraisers. This would save 3 expense, if nothing else. Again, he said the use of a third -party appraiser is not properly chosen in the proposed amendments. a c Board Member Rosen asked if he understood correctly that, as proposed, the petitioner would be required to pay for the appraisal. If the petitioner disagrees with the appraisal, he/she would be required to pay for the second appraisal, too. City M Attorney Taraday said that is one of the options for addressing the Board's initial concern about the appraisal process. From = his perspective, it would not make sense for the City to pay for an appraisal unless the street vacation was initiated by the V City Council. Board Member Rosen suggested that the better distinction would be for whoever initiates the street vacation to Z pay for the appraisal. a n Board Member Rosen voiced concern that the proposed amendments might set the City up for some unintended consequences. He asked how the City could reduce that risk. City Attorney Taraday responded that the proposed 0 amendment would not have any impact on rights that abutting owners have to use streets, whether opened or unopened. w From his perspective, it has always been the case that if you want to build something in a street, you have to get an r encroachment permit from the City. They are not making any changes regarding City policy on that issue. Board Member Monroe asked if the conditions attached to a street vacation approval could require a petitioner to obtain an -0 agreement from a third -party utility. City Attorney Taraday explained that the City can never be compelled to approve a M 0 street vacation. It can deny the request at any time for any reason. In addition, the City is a code city organized under Title M 35.A, which is different than other types of cities that exist in the state. Code cities have the broadest possible powers under the Washington State Constitution. Code cities are home ruled cities in that they don't need to point to something that is c expressly stated in State Law to authorize their actions. They just can't contradict State Law. As long as they aren't violating M the statute, they are good. He cannot point to a specific State Law that requires petitioners to obtain agreement from third- a party utilities, other than Title 35.A, which grants code city home rule authority. Board Member Monroe summarized that r CD the answer to his question is yes, the City can require a petitioner to obtain agreement from a third -party utility. N Board Member Monroe asked why the timeline for challenging a street vacation is 30 days and not a longer time period. City Attorney Taraday referred to the case, King County vs. Federal Way, where a street vacation was challenged. The issue in that case was whether or not the challenge was timely. The court determined that when challenging a street vacation under a declaratory judgment action, the action must be brought within a reasonable period of time. The court ultimately held that 30 a days was the appropriate time period. He expressed his belief that it is not fair to citizens to make them guess about how o0 much time they have to file a challenge. It is a lot more transparent to put the timeline in the code. Because a timeline is not set forth in the RCW, the City has the authority to decide what the reasonable time period is, but it must be a reasonable z period of time to get something before the court and before a street vacation has been finalized and the ordinance adopted. L j Board Member Monroe voiced concern that it might be difficult for a property owner to get everything in order in that short c amount of time. d E z c� Planning Board Minutes August 14, 2019 Page 10 Packet Pg. 270 Board Member Monroe reiterated that the City takes all but one of the sticks when a property is subdivided. If a property owner asks for them back, the City will determine what they are worth and require the property owner to provide compensation. In addition, the City may decide to give only some of the sticks back and hold onto others sticks for some type of public use. The petitioner would have 30 days to challenge the City's decision. Again, he asked if the City would require a petitioner to obtain an agreement with a third -party utility if an easement is to be retained. Ms. McConnell answered that the petitioner would be responsible for contacting the utility and working out the easement agreement and this would be spelled out as part of the condition process. That is why 90 days might not be enough time, and the ordinance might establish a longer time period as appropriate. Board Member Monroe commented that City Attorney Taraday and Ms. McConnell are doing a great job of maximizing City revenue wherever possible, and that's what the amendments are about. However, that is not something the Planning Board is has to do. City Attorney Taraday cautioned that this is not a type of taxation. In the case of a street vacation, the City is transferring valuable property rights at a price that has been agreed upon by a professional appraiser. It is not an unfair transaction. Board Member Monroe observed that the City has a lot of power and discretion in these transactions. City Attorney Taraday agreed, but in all of his years doing imminent domain and other types of appraisal work, he has never seen a situation where a city tries to low or high -ball an appraisal. In the grand scheme of the budget, the City won't be motivated to game the appraisal process to get an extra amount of money. Money matters a lot more to the smaller guy. Board Member Monroe referred to City Attorney Taraday's earlier comment that sometimes the City receives a low -ball appraisal, and he would provide an analysis to the City as to what appraisal is the most accurate. City Attorney Taraday said his analysis would be informed by many years of working with appraisals. Board Member Monroe commented that as long as necessary easements are retained, the City would not be impacted by a street vacation. The land belongs to the property owner and not the City, and the City needs to show a reason to use it. If the City isn't using it, the rights, by default, should be given back to the property owner. As long as the City would not be damaged by the transaction, it is incumbent on the City to make it easy and cheap. He said he likes the current either/or language, which protects the City from damages, and he also likes the proposal to move the appraisal to later in the process. All of the other amendments are unnecessary, especially if the primary intent is to get more revenue for the City. In particular, he does not like the 30-day timeline for challenging a street vacation, and he does not like the proposed appraisal process. City Attorney Taraday said he understands that the appraisal language is controversial, and a policy decision will need to be made. The Board's task is to make a recommendation to the City Council on the policy question, and the City Council will make the ultimate decision. However, aside from this policy question, the other proposed amendments are needed to clarify the process and should be considered on their merit. Regarding the 30-day timeline for challenging a street vacation, City Attorney Taraday suggested that it is better for the City Council's constituents to know what the timeline is rather than having to guess. He recommended that a timeline be clearly established in the code, and he suggested the Board discuss what might be a better period of time. Board Member Monroe expressed his belief that the timeline should be longer to allow sufficient time for a petitioner to gather the needed information to issue a challenge. Vice Chair Robles said he really appreciates City Attorney Taraday's transparency that his job is to represent the City. a However, the Board's job is to represent the citizens. He also appreciates the working relationship that exists between the r CD staff and the Board. However, if the Board advised the citizens that the purpose of the proposed amendments is to raise N revenue for the City, he suspects that people who aren't land owners would support the change, but those who own land .4 would not. There are too many questions at this time for him to formulate a recommendation to the City Council. It will take more work to get enough information to get to the right solution. The City's broad powers need to be carefully checked to 3 figure out how they impact the citizens. He voiced concern that the proposed amendments are based upon the Fee Simple 3 Bundle of Rights analogy, which cannot be codified. There needs to be a basis of logic for the code, and if they need to have a a valid analogy to explain a proposed code amendment, it needs to be reconsidered. co Board Member Rosen summarized that the City Council is looking to the Board for guidance. It appears that the Board t agrees with the following: j c • Retain the current either/or provision. d E z U c� Planning Board Minutes August 14, 2019 Page 11 Packet Pg. 271 • Change who pays for the original appraisal based on who initiates the request. • Move the appraisal to later in the process. • Increase the timeline for challenging a street vacation to something greater than 30 days. Board Member Monroe asked if the Board had reached a consensus on who would choose the appraiser, the petitioner or the City. Vice Chair Robles responded that the City cannot expect to clean the process up with a third -party appraisal. It will be a messy process and negotiations will be required. If there is an appeal, Board Member Rosen asked if it would be possible to give the petitioner the option of either finding his/her own appraiser or using another appraiser from the City's list. Board Member Crank asked if there are other cities in Washington State that have addressed the appraisal issue. It might be helpful to find out what processes other cities are using as opposed to grasping for their own ideas. City Attorney Taraday agreed that staff could research the processes employed by other cities and report back. Chair Cheung commented that the person who is asking for the street vacation will obviously be interested in a lower appraisal. On the flip side, the City will pick an appraiser that will identify the highest value for the property. Because the authority is already with the City, if the applicant had an unreasonably low appraisal, the City could simply deny the petition. He said he doesn't see why the City needs to require a petitioner to choose an appraiser on the City's list. If they come in with an appraisal that is incorrect, the City can simply deny the petition, and the petitioner could then appeal the decision and select a different appraiser from the City's list. Vice Chair Robles pointed out that appraisers are all licensed and should be unbiased. City Attorney Taraday responded that appraisers are trained in different specialties, and the proposal is for the City to have a list of qualified appraisers who are trained to do street vacation work. Board Member Rosen suggested the Board could forward the proposal to the City Council with a recommendation of approval with the following exceptions: • Retain the either/or provision. • Change who pays for the initial appraisal based on who initiates the request. • Change the timeline for challenging a street vacation from 30 days to 60 days. • Request that staff come up with a recommendation for alternatives to the appraisal process rather than requiring a petitioner to choose from the City's list of qualified appraisers. • Encourage the City Council to specifically reach out to any resident who borders a project that might be impacted, notifying them of the upcoming public hearing. Vice Chair Robles suggested that the Board's recommendation to the City Council should also make it clear that the objective of the proposed amendments is to raise additional funds for the City. Board Member Crank agreed that additional revenue is an underlying element the proposal, but not necessarily the intent. Board Member Monroe suggested that the timeline for challenging a street vacation should be increased from 30 days to 90 days. City Attorney Taraday commented that, whatever the timeline is set at, the City won't be able to adopt street vacation until 30 days after the timeline has expired. Some constituents will want a street vacation to happen more quickly. Board Member Rosen asked if a petitioner could waive his/her right to appeal, which would then shorten the process. City Attorney Taraday agreed this is an interesting concept. He can imagine certain street vacations where it would be clean and easy for a petitioner to waive the right to appeal, but if several property owners are involved in the petition, it could be more difficult. The Board agreed they would like to add an option to waive the right to appeal if possible. The Board discussed retaining the current code language that would allow the City to accept either monetary compensation or U) reservation of an easement. The proposed new language would allow the City to require both. Board Member Monroe a commented that a street vacation would not damage the City in anyway, as long as the necessary easements are maintained. Q City Attorney Taraday clarified that the current code only prevents the City from collecting compensation if the easement is for the City, but if the City directs a petitioner to work out an easement with a utility, the City can collect compensation, too. ate.° Board Member Monroe suggested this provision needs to be changed. From the petitioner's point of view, it shouldn't make any difference whether the easement is for the City or a utility. City Attorney Taraday agreed it doesn't make sense, but x rather than treat all easements equally, the intent of the amendment is to evaluate the effect of the easement on value and w subtract that amount from the required compensation. He cautioned against a provision that would result in the City's c a) E z c� Planning Board Minutes August 14, 2019 Page 12 Packet Pg. 272 inability to collect compensation if there is any condition involving retention of an easement for any party. Currently, only an easement to the City would ban other compensation. He explained that, currently, it is difficult for appraisers to take easements into account because appraisals are done before easement conditions are imposed. The proposed amendment would move the appraisal to later in the process so that easements can be taken into account when determining the correct compensation. Board Member Pence summarized that, if a petitioner does not get all of the sticks (rights) back and some are being reserved for a public purpose, it really shouldn't matter whether that public purpose is the city or some other public entity. The sticks (rights) that don't get turned back to the petitioner can all be accounted for in the appraisal. City Attorney Taraday explained that the City needs some motivation to approve a street vacation. He explained that it is not possible for the Board to know what the City's future needs will be with respect to all of the streets and easements. He said he considers easements to be valuable rights, and simply giving them away could result in significant public cost in the future. Chair Cheung commented that if the City wasn't able to collect compensation for street vacations, perhaps it would be more cautious about giving up easements. Board Member Crank commented that recognizing the monetary aspect of street vacations is neither good nor bad, it just is. You always need to know what something is valued at whether you end up giving it away for free or not. She recommended against spending too much more time talking about this aspect of the proposal. She suggested they move forward with discussions on the other elements of the proposal and then make a recommendation to the City Council. Vice Chair Robles expressed his belief that the City Attorney's position regarding the monetary aspect of the proposal should be articulated to the public. Board Member Pence said he would like staff to provide feedback in writing, responding to the public comments and the Board's conversations. The proposed amendments could be tweaked to represent more of a consensus and the Board could discuss the updated proposal at their next meeting. He said he is not comfortable sending a recommendation to the City Council now. Chair Cheung agreed and noted that the Board is particularly interested in increasing the timeline for challenging a street vacation from 30 days to 60 days and perhaps adding a provision that would allow a petitioner to waive the appeal period. There are also some outstanding questions regarding the provision that would allow the City to collect compensation and require that an easement be reserved. City Attorney Taraday agreed to work with staff to prepare an updated version of the proposed amendment that incorporates the thoughts expressed by the Board. However, it will take more time for staff to update the document. He summarized that there are some items that appear to have majority support. Where there are still issues, he agreed to provide alternative language for the Board's consideration. The Board could continue their deliberation in October based on an updated draft. Chair Cheung closed the public hearing. REVIEW OF EXTENDED AGENDA Chair Cheung advised that the August 28r' agenda will include an update on the Vision 2050 Multicounty Planning Policies and a presentation on the RoadMap Project (Ruckelshaus Center Report). The September 11' meeting is scheduled as a joint meeting with the Architectural Design Board and an update on the Urban Forest Management Plan. The Board will continue its deliberations on the Street Vacation Code Amendments on October 91 PLANNING BOARD CHAIR COMMENTS Chair Cheung announced that some parking issues will be coming before the Board, so it is important for them to keep apprised of what is happening with the parking study, etc. a 00 PLANNING BOARD MEMBER COMMENTS t Board Member Monroe reported that he attended the kickoff meeting for the parking study, which was well attended and U j informative. At this time, they are working to identify a framework for the study. c d E z c� Planning Board Minutes August 14, 2019 Page 13 Packet Pg. 273 7.1.i CITY OF EDMONDS PLANNING BOARD Minutes of Meeting September 11, 2019 Chair Cheung called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 — 5' Avenue North. BOARD MEMBERS PRESENT Matthew Cheung, Chair Daniel Robles, Vice Chair Todd Cloutier Nathan Monroe Roger Pence Mike Rosen Conner Bryan, Student Representative BOARD MEMBERS ABSENT Alicia Crank (excused) Carreen Nordling Rubenkonig (excused) READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Development Services Manager Jerrie Bevington, Video Recorder BOARD MEMBER ROSEN MOVED THAT THE MINUTES OF AUGUST 28, 2019 BE APPROVED AS PRESENTED. BOARD MEMBER CLOUTIER SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA The agenda was accepted as presented. AUDIENCE COMMENTS Ken Reidy, Edmonds, commented that the Street Vacation Code Amendments will come back before the Board on September 25'. He recalled that City Attorney has stated that the starting point in analyzing conditions is that the City can never be compelled to approve a street vacation but can deny the request at any time for any reason. However, if a proposed street vacation is in the public interest and no property will be denied direct access, he questioned if the City can really deny a request at any time for any reason. He pointed out that City code allows property owners to apply for street vacations, and a fee is required. When an application is made and paid for, he felt it should be processed per the City's code. He said the City's General Code of Conduct states that "the City's primary function is to provide service to the citizens of Edmonds." The City's Code of Ethics says that "elected officials shall emphasize friendly and courteous service to the public and each other and seek to improve the quality of public service and confidence of citizens. " He said his hope is that any and all updates to the street vacation code will lead to improvements in the quality of service provide by the City. He questioned if the- City Council can condition a street vacation on the granting of an easement to a third party. a Packet Pg. 274 7.1.i Mr. Reidy recalled that at the Board's August 14' meeting, the City Attorney stated that, as a home rule city, the City has broad powers. He further stated that "the City doesn't need to point to something that's expressly stated in State Law to authorize its actions; it just can't contradict State Law. " In other words, as long as the City isn't violating the statute, it's good. Mr. Reidy pointed out that State Law clearly says that the ordinance may provide that the City retain an easement or rights, and the definition of retain is clear and simple. He expressed his belief that the City is violating State Law when it does something other than retain. Mr. Reidy agreed that the City has broad powers. However, once the City exercises its broad powers, the code adopted by the City Council must be followed by the City Attorney and City staff. The adopted code must also be faithfully enforced by the mayor. Mr. Reid recalled that, at the last meeting, he mentioned that the 2012 Planning Board was involved in an amendment that added language regarding the types of easements that may be retained during a street vacation. Ordinance 3910 clearly states that easements or rights may be reserved for the City. It doesn't say for third parties. The City Attorney is required to approval all ordinances as to form, and Mr. Taraday signed Ordinance 3910. The 2012 Planning Board was also involved in another amendment to the street vacation code. Ordinance 3901 required a description of any easement under consideration to be retained by the City. This ordinance uses the same word (retain) that the State Law uses. He summarized that Ordinance 3901 does not require a description of any easement that the City wants to grant to a third party. If such was legal and if the City Council wanted to do so, Ordinance 3901 would have required a description of those easement, as well. This was not an oversight by either the 2012 Planning Board or the 2012 City Council, and Mr. Taraday also signed Ordinance 3910. Both of the ordinances show that the Edmonds City Council has adopted City laws that do not involve property owners granting easements to third parties. He questioned why the City's laws would allow such. Wouldn't requiring rights to be granted to a third party be a gift to that third party? Do third parties and/or the general public even have legal standing to contest a street vacation? He said he has never seen dedication language that says if the City doesn't use the easement for a public use, it can convey rights to a third party instead. Mr. Reidy commented that both the City Attorney and City staff are able to point to something that is expressly stated in the City's own code to see what actions are authorized. It's simple, the City can retain rights for the City. Previously -elected City Council Members decided that when the City retains an easement, it will not require compensation. It is either/or. He expressed his belief that the either/or law improves citizen confidence in City government and stating that the City can never be compelled to approve a street vacation does the opposite. Title 21 of the City's code defines a dedication as a gift, and charging compensation to vacate an easement that was gifted doesn't make sense to him and such conduct is arbitrary. Regarding rights to be granted to third -party utilities, Mr. Reid said it is best to do what the code allows, reserve for the City any easements or rights needed. The City used to do it this way, as evidenced by Ordinances 3188 and 3202. He expressed his belief that an easement is superior to rights that utility companies have under a franchise contract. For example, franchise contracts often require a franchise fee, have terms and can expire. Requiring easements to be granted to utilities may be another gift. Mr. Reidy concluded his comments by asking the Board to remind City staff to bring the aerial photo the Board requested during its July 241 meeting to the September 25'. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Cheung referred the Board to the Development Services Director's Report that was provided in the packet. There were no comments or questions from the Board. CONTINUED DISCUSSION OF ARCHITECTURAL DESIGN BOARD (ADB) ROLES AND SCOPE Mr. Chave reported that the ADB had a lengthy review of a project at their last meeting, and they didn't have time to discuss n their role in design review and finalize their recommendation to the Planning Board. Hopefully, they will be able to do so at co their October 2nd meeting. He suggested that, when the Board meets jointly with the City Council, it would be appropriate to mention that they are working with the ADB on this item. DISCUSSION ON JOINT CITY COUNCIL AND PLANNING BOARD MEETING x w Chair Cheung advised that the Planning Board will meet jointly with the City Council on September 24', at which time the Board will advise the City Council of their work with the ADB regarding their role in design review and potential changes. E z a Planning Board Minutes September 11, 2019 Page 2 Packet Pg. 275 7.1.j CITY OF EDMONDS PLANNING BOARD Minutes of Meeting September 25, 2019 Chair Cheung called the meeting of the Edmonds Planning Board to order at 7:00 p.m. in the Council Chambers, Public Safety Complex, 250 — 51 Avenue North. LAND ACKNOWLEDGEMENT FOR INDIGENOUS PEOPLES We acknowledge the original inhabitants of this place, the Sdohobsh (Snohomish) people and their successors the Tulalip Tribes, who since time immemorial have hunted, fished, gathered, and taken care of these lands. We respect their sovereignty, their right to self-determination, and we honor their sacred spiritual connection with the land and water. BOARD MEMBERS PRESENT Matthew Cheung, Chair Daniel Robles, Vice Chair Alicia Crank (left at 7:50 p.m.) Nathan Monroe Roger Pence Mike Rosen Conner Bryan, Student Representative BOARD MEMBERS ABSENT Todd Cloutier (excused) Carreen Nordling Rubenkonig (excused) READING/APPROVAL OF MINUTES STAFF PRESENT Rob Chave, Planning Manager Kernen Lien, Environmental Program Manager Jeanie McConnell, Engineering Program Manager Jeff Taraday, City Attorney Jerrie Bevington, Video Recorder Karin Noyes, Recorder BOARD MEMBER MONROE MOVED THAT THE MINUTES OF SEPTEMBER 11, 2019 BE APPROVED AS PRESENTED. BOARD MEMBER CRANK SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. ANNOUNCEMENT OF AGENDA BOARD MEMBER ROSEN MOVED TO AMEND THE AGENDA TO ADD A REVIEW OF THE JOINT CITY COUNCIL/PLANNING BOARD MEETING. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. The remainder of the agenda was accepted as presented. AUDIENCE COMMENTS Ken Reidy, Edmonds, advised that Page 37 of the Planning Board's meeting packet discusses Ordinance No. 3729, which is the main reason he is so interested in the proposed street vacation amendments. He referred to the comment section at the bottom of Page 37, which states that a temporary construction easement was reserved for the construction of a retaining wall that was a private improvement built on private property to the north of the easement and had nothing to do with public Packet Pg. 276 7.1.j utilities or any public use whatsoever. In fact, the City had no need to construct, repair or maintain anything, yet the City Council reserved a temporary construction easement. At the August 14r' meeting, the City Attorney stated that the City may decide to give only some of the sticks back and hold onto others for some type of public use, but that was not his experience. In his case, the temporary construction easement on his property was reserved specifically for a private developer. The City Council never passed a Resolution of Intent to Vacate, and the temporary construction easement was not a condition to the street vacation. There were no conditions and the easement was forced on him against his will. He never granted the easement, and no easement was recorded at Snohomish County. The City Council even tied the life of the easement to the private developer's preliminary plat approval (5 years). Mr. Reidy said he has researched the issue for over 10 years and is very confident that Edmonds is the only City in the history of the United States to ever perform the act of establishing a public temporary construction easement solely for a private developer's use. The private developer never even used the easement. Despite this, City staff issued multiple code enforcement orders requiring him to remove portions of his building so that it was setback 5 feet from the temporary construction easement. Although temporary construction easements have nothing to do with where setbacks are measured from, the City did it anyway. Mr. Reidy said the situation got even worse. During the City's code enforcement efforts, staff discussed an ordinance that could have grandfathered his setbacks. They knew that under Ordinance No 3696, specific to his actual building, "Setbacks will be grandfathered by Planning if, at minimum, a letter from neighbor states it was there prior to 1981. " (Note: Mr. Reidy will submit a copy of the related staff notes when he emails a copy of his public comments to the City staff) He commented that City staff chose not to tell him or the Hearing Examiner that Ordinance No. 3696 applied to his building. He said that a neighbor signed a statement under penalty of perjury that he had seen his building in 1968, but even that didn't stop the City. He now has a 12.5-foot setback where only a 5-foot setback is normally required. In his case, no setback at all was required because his setbacks were grandfathered. Mr. Reidy said he is trying to do everything possible to prevent something like what happened to his family from happening to another Edmonds property owner in the future. His hope is that the horrible treatment he experienced can lead to something good —a better appreciation of servient estate rights and consideration of such rights in City code. He asked that the Board use care when reviewing the street vacation amendments initiated by the City Attorney, who made it very clear that he believes his responsibility is to advance the interest of the City and not individual property owners. He questioned why the City Attorney and staff was allowed more than a year to work on the proposed amendments before the public was allowed to see what they were doing. He expressed his belief that everyone's motivation should be to have a Street Vacation Code that is fair and works well for the City and property owners —a code that allows the City to provide a high level of service to the public. He said he believes the current Street Vacation Code is far better than much of City code, but he agreed it would be better if the appraisal requirement was moved to a later stage in the process. Mr. Reidy suggested it would be wise to specifically prohibit conditions that require property owners to grant easements to third parties. This should not be necessary because State Law only allows the City to retain, but he raises the issue because of the City's past behavior. He explained that a principle that underlies the use of all easements is that the owner of the easement cannot materially increase the burden of the servient estate or impose thereon a new and additional burden. He expressed his belief that this principle is the main reason RCW 35.79.030 uses the word "retain." As it relates to utilities, he suggested it is best to do what the code allows, which is to reserve for the City any easements or rights needed for the construction, repair and maintenance of public utilities and services. He questioned why third -party utility companies should be granted rights superior to what they have under their franchise contracts. Mr. Reidy observed that the proposed provision for a 25-year step up to full market value compensation is a great example of an arbitrary law. He questioned what 25 years has to do with anything related to unopened easements. He said it doesn't make sense that compensation for the vacation of an unopened easement should double overnight at the 25-year mark. He emphasized that there is a clear need to consider whether the Street Vacation Code should be different for opened versus unopened easements. Mr. Reidy commented that State Law allows compensation for easements, but such is permissive. That means it is option, not required. Because Edmonds is a Home Rule Code City, the broad powers afforded it allows the City Council to adopt a policy that it will not sell or bargain legislation as a means of obtaining revenue. He asked the Board to appreciate that no Planning Board Minutes September 25, 2019 Page 2 Packet Pg. 277 7.1.j sticks are transferred back to the fee title owner when an easement is vacated. What the City gets is an easement, and a fee title owner does not need that easement transferred back to him because he doesn't need an easement to use his own land. Mr. Reidy suggested the City Council adopt policy that the City does not charge compensation when streets and alleys that are no longer needed for public use are vacated. He noted that compensation has not been required on many occasions in the past, and the City should adopt a policy that makes that precedent the consistent standard practice. After all, the City never paid a penny for the easements when they were dedicated. He noted that the general public often has no legal standing when it comes to street vacations. He questioned why those with no legal standing should benefit from the City demanding and receiving payment for its legislative act. If that is too big a step, he suggested the City Council could simply use its broad powers to leave the either/or policy in place as it has been for many years. At least property owners required to grant utility easements to the City would not have to also pay compensation. DEVELOPMENT SERVICES DIRECTOR REPORT TO PLANNING BOARD Chair Cheung referred the Board to the Development Services Director's Report that was provided in the packet. There were no comments or questions from the Board. AMENDMENTS TO EDMONDS COMMUNITY DEVELOPMENT CODE (ECDC) 20.70 (NEW 18.55) — STREET VACATIONS Ms. McConnell reviewed that the proposed amendments were presented to the Board previously, once as an introduction and again as a public hearing. She explained that the proposed amendments are intended to address the following: • Reorganize and clarify various code sections and add a definition section to make the process and requirements clearer. • Revise the appraisal process and the timing for appraisal submittals. • Revise the applicability of the monetary compensation piece of the code. • Revise the timeframe to satisfy the conditions placed on the Resolution of Intent to Vacate. • Move the Street Vacation Code from Title 20 to Title 18, which is the Public Works section of the code. Ms. McConnell reviewed that, at the public hearing, different aspects of the code were discussed in detail, and the Board asked staff to come back with optional code language related to five specific items. She advised that the Staff Report includes both a red -lined and clean version of the proposed amendments. It also includes a table that lists each of the items and outlines the existing code language, a summary of the issue, staffs recommendation and optional language for the Board to consider. Board Member Monroe asked how the Board's recommendation would be presented to the City Council. Would all of the options considered (staff recommendation and all Planning Board options) be presented? Ms. McConnell answered that both the staff recommendation and Planning Board recommendation would be presented to the City Council. Mr. Chave added that the full record of the Board's discussions, including staffs recommendations, is always attached to recommendations that are forwarded to the City Council. Ms. McConnell presented each of the items to the Board. The Board discussed each one and took action as follows: Item 1— Monetary Compensation and/or Easement. The existing code allows the City to either accept monetary compensation or an easement. Revised Code of Washington (RCW) 35.79.030 allows the City to receive compensation and retain an easement or the right to exercise and grant easements in respect to the vacated land. Staff is proposing a right to reserve easements and the ability to accept monetary compensation. In addition, language was added to the proposed code that states that "the appraisal shall take into account any reduction in fair market value associated with the conditions imposed on the Resolution of Intent to Vacate. " For example, if an easement is reserved, it could bring lesser value to the property. Option 1 would be consistent with the existing code and limit conditions to either monetary compensation or a grant of an easement to the City in exchange for the vacated easement. Option 2 would also be consistent with the existing code and limit conditions to either monetary Planning Board Minutes September 25, 2019 Page 3 Packet Pg. 278 7.1.j compensation or a grant of easement to the City or a third party in exchange for the vacated easement, provided that any grant of an easement to a third party must be for access or utility purposes. Board Member Pence asked the rationale and public policy purpose behind the current either/or provision. While it provides a lot of compensation potential in some respects, compensation would be zero if there is any type of utility on the ground. City Attorney Taraday said he does not know the rationale behind the provision. He said it doesn't make sense that any retained easement would zero out the value of the property being vacated. That is why staff is recommending that the either/or provision be changed. Board Member Monroe questioned why a property owner should be required to compensate the City for an easement that it no longer has a purpose for. The land belongs to the property owner, first and foremost, and the City needs to prove a use for it. If it cannot prove that use, the easement should default back to the property owner and the City wouldn't be damaged at all. Vice Chair Robles asked what the term "utility purposes" encompasses. Ms. McConnell responded that when a utility easement is retained in a street vacation it is because there is an existing utility. The City does not reserve easements for future utilities to be there. In the vacation process, the City chooses not to ignore the fact that there are other utilities that exist within the area, whether they be City utilities or third -party utilities. In practice, the City has required easements to be retained for specific utilities as a condition of the Resolution of the Intent to Vacate. Vice Chair Robles asked what recourse a property owner would have if something new happens within an easement that he/she doesn't approve of or want. Ms. McConnell clarified that the City would not retain easements for something in the future, and the underlying property owner should already know what exists on the property well in advance of a street vacation application going before the City Council. When a property owner comes forward with a potential street vacation application, staff discusses the existing conditions on the site and requires them to contact utility companies for more specific information about existing utilities within the easement. Board Member Monroe clarified that easements would only be reserved for existing utilities and not proposed utilities. Ms. McConnell agreed, but with some exceptions. For example, the City might have a capital project that requires the future use of a right-of-way. These things are looked at early in the review of a street vacation application to determine if a street vacation would make sense from a public perspective. If it is deemed feasible, the City would then identify the types of easements needed to uphold public needs for that land. Board Member Crank asked if Edmonds is the only jurisdiction statewide that has an either/or provision for street vacations. Ms. McConnell responded that a review was done of a handful of local jurisdictions, which found that the City of Edmonds is the only one that has an either/or provision. Staff did not review all jurisdictions within the State. Board Member Crank observed that, sometimes, being the only one isn't necessarily bad. She asked staff to explain how the proposed amendment to require both compensation and the reservation of easements would be better. Ms. McConnell responded that State Law allows for reservation of easements and monetary compensation, and the proposed amendment would be consistent with State Law. The either/or provision limits the City's ability with regard to public lands. Chair Cheung asked if staff's review looked at whether or not the other jurisdictions previously had either/or clauses but then changed them at some point. City Attorney Taraday answered that they looked at current street vacation codes from several cities that were considered relevant comparisons, but they didn't go back to previous versions. Chair Cheung asked if any jurisdictions have switched from requiring both compensation and reservation of easements to an either/or provision. City Attorney Taraday said he does not know of any, and he hasn't seen any indication that this would be a potential trend. In his opinion, the absence of other cities' company suggests that the either/or clause is an oddity in the City's code that could be dispensed with. However, he acknowledged there are instances where the City does things its own way. Vice Chair Robles voiced concern that there seems to be a roadblock that nothing new can happen in the City unless it has been done somewhere else first. City Attorney Taraday noted that there are other aspects of the proposed amendments that, if approved, would be outliers. He cautioned against taking the position that the City can't ever be Planning Board Minutes September 25, 2019 Page 4 Packet Pg. 279 7.1.j an outlier. However, if the City is going to be an outlier, it should be able to articulate reasons for it. In this case, he is unable to do so. Board Member Monroe said he sees Edmonds as being primarily built out, and all of the necessary easements have already been identified. He suggested that it is time to give unnecessary easements back to the land owners. They should make it easier for property owners to regain ownership and get the land back on the taxable roles. The either/or language would be the easiest way to do that, and it would allow the City to get out of the business of holding a bunch of unopened rights -of -way. City Attorney Taraday agreed this is a fair policy question, and the Board should feel free to disagree with his opinion on the matter. The City could adopt a blanket rule that it is no longer going to accept compensation for street vacations, period. If they don't need them, they will give them away for free. However, he is not recommending this policy choice because he believes it is important for the City to maximize its resources so the value can be spent on other goods and services that benefit the public. City Attorney Taraday said that, in his opinion, the either/or language unfairly treats one street vacation applicant from another. For example, one applicant, by virtue of the fact that the City needs to retain an easement, would get his/her property for free, and another applicant, by virtue of the fact that the City doesn't need an easement, would have to pay. That seems unfair to him. One of the goals of the proposal is to treat all street vacation applicants fairly. The City Council could adopt a policy that all of the unnecessary street vacations would be given away for free, and that would treat all applications fairly. However, the either/or language would not accomplish this goal. Vice Chair Robles asked City Attorney Taraday to explain maximizing social value versus optimizing social value. City Attorney Taraday said that, from his perspective, easements are valuable property rights that are controlled by the City. The City doesn't ordinarily give things away for free. If the City requires fair market value for these valuable rights, the money can be used for other transportation -related purposes that benefit the public. Board Member Crank said she would support Planning Board Option 1. She observed that staff s recommendation to require both monetary compensation and the reservation of easement is prompting a lot of unnecessary questions and confusion. Board Member Monroe voiced support for the either/or language (Option 1). It hasn't been a problem in the past, and he doesn't see a reason to change it. The role of the City is to serve its citizens and not to optimize its value from citizens. The price of land continues to increase, and it does not behoove the City to make street vacations too difficult. As long as the City can retain its rights and there is an encumbrance on the land that allows for the City's needs, both the City and the property owner should be made whole. Board Member Pence said he can't see where one pipe in the ground should zero out the City's ability to require compensation. The City Council outlined the inequities that would exist between two equivalent property acquirers. The one with the pipe in the ground would get the property for free and the one without the pipe in the ground would pay the full amount. That is a fundamental unfairness. He suggested that the value of the retained easement could be and would be accommodated in the appraisal process. Appraisers are trained to examine properties and come up with a monetary value, and that would be the fair way to go, setting aside the issue of more or less revenue to the City. He said he supports the staff recommendation. Chair Cheung said he understands the argument for capitalizing on the monetary value of the rights -of -way. On the other hand, if the City doesn't have a need for a particular right-of-way, perhaps the policy should be to use it or give it away. Board Member Rosen commented that all land has value, regardless of how it was acquired. He is having a hard time with the idea of simply giving City land away without compensation. In some cases, rights -of -way have significant value. Board Member Robles agreed that the land has value, but the appraisal and assessment components included in the draft amendment help address the concerns. He doesn't believe it is absolutely necessary to change the language, and he would be inclined to stick with the current either/or policy. Planning Board Minutes September 25, 2019 Page 5 Packet Pg. 280 7.1.j Board Member Pence suggested that the Board is mixing up the issues. The question is not whether or not a proposed vacation involves a value to the City. The question is, does that value, whatever it is, suddenly turn to zero just because there is a pipe left in the ground and the City retains an easement to maintain that pipe. You can argue how big the compensation should be based on an appraisal, but he hasn't heard an adequate explanation that would allow him to get from whatever that number is to zero merely because there's a pipe in the ground. Board Member Monroe suggested the Board recommend Option 1, which would leave both options on the table for City Council discussion. If they simply go with the staff recommendation, then the alternative option may not even be considered by the City Council. Chair Cheung commented that the City Council would see both options, whether the Board recommends Option 1 or the staff recommendation. He said he doesn't have a strong inclination to support either option at this time. Vice Chair Robles agreed and said he would fall back on what has been tried and experienced by the citizens the Board represents. Again, Board Member Monroe expressed his belief that the either/or language is the right way to go. If the City is damaged, they should be compensated. If they can retain the necessary easements and setbacks, they shouldn't be able to collect compensation money, as well. Board Member Pence reminded him that the value of any easement would be accounted for in the appraisal. Board Member Monroe commented that the either/or provision has worked well for a number of years, and he can't see a reason to change it now. VICE CHAIR ROBLES MOVED THAT THE BOARD RECOMMEND OPTION 1 FOR ITEM 1. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED 3-1-1, WITH BOARD MEMBER PENCE VOTING IN OPPOSITION AND CHAIR CHEUNG ABSTAINING. Item 2 — Monetary Compensation — Fair Market Value/Dollar Amount. The existing code requires that monetary compensation be paid to the City "in the amount of up to one-half the fair market value for the street, alley, or part thereof to be vacated unless acquired at `public expense" then full appraised value shall be paid. " To be consistent with State Law, staff is proposing the following language, "Payment to the City, prior to the effective date of the ordinance, in an amount of up to one-half the fair market value for the subject property unless the subject property was acquired at `public expense" or has been part of a dedicated public right-of-way for 25 years or more, in which case full fair market value shall be paid. " She advised that the Planning Board did not request staff to provide alternative language for this item. Board Member Monroe asked staff to explain why they are proposing the change. Mr. Lien responded that when the City's Street Vacation Ordinance No. 2493 was originally passed in 1985, it was consistent with the State Law in place at the time. The legislature later amended State Law in 2001 to add the language related to property that is acquired at public expense or dedicated public right-of-way for 25 years or more, and subsequent updates of the City code failed to bring this section into concurrence with the updated State Law. City Attorney Taraday said the intent of this amendment is to conform City code to State Law. Board Member Monroe commented that it would be helpful to understand why the State Law was changed. City Attorney Taraday responded that he doesn't know why the State Law was changed. Board Member Monroe suggested that perhaps the reasoning was that if the City purchases a piece of property at full public expense, it should get full price when it is sold back. City Attorney Taraday agreed that might have been the reasoning behind the phrase, "unless the subject property was acquired at `public expense. " However, the language, "or has been part of a dedicated public right-of-way for 25 years or more, " could apply to a case where the City didn't pay anything. Board Member Monroe suggested that the phrase, "or has been part of a dedicated public right-of-way for 25 years or more should be deleted from the staff's recommended language. Board Member Pence observed that the purpose of the public expense caveat is to distinguish between rights -of -way that were dedicated to the City when subdivisions were platted and rights -of -way the City had to pay to acquire in order to build a street. In the case of subdivisions, the rights -of -way were gifted to the City as part of an approved subdivision. The City didn't pay anything for them. However, when the City needed to acquire rights -of -way to build streets, it had to condemn properties and pay full market value, and that's a public expense. City Attorney Planning Board Minutes September 25, 2019 Page 6 Packet Pg. 281 7.1.j Taraday agreed with this distinction, but said it is still not clear why State Law treats public expense acquisitions the same as dedications of 25 years or more. City Attorney Taraday said that, when preparing the proposed amendment, he didn't focus on the "why" part because his perspective isn't to delve too deeply into why that particular law was changed by the legislature. His responsibility is to maximize the public's value. Board Member Pence commented that, having worked for the legislature earlier in his life, the 25-year provision has the look and feel of a number plucked out of the air or some handshake between interests. At some point, he would like to make a distinction between unopened alleys and public rights -of -way that have been improved and put into use to provide public access. He took issue with the City requiring compensation for vacating unopened alleys that have never provided any public access or benefit. Vice Chair Robles voiced concern about applying fair market value, and questioned if a market of two could ever be fair. Unless anyone can bid on the easement property, it won't be possible to identify fair market. He suggested the best way to resolve this concern would be to specify the appraiser as being a licensed appraiser, and hopefully, a market will be created for appraisers that specialize in easements. He would like to see fair market articulated in either the selection of the appraisers or the way the process flows. Board Member Rosen asked if the current language would lock street vacations to just adjacent property owners. City Attorney Taraday explained that for each proposed vacation, there is an underlying fee owner that is a known person or entity. The title, upon vacation, will always go to the underlying fee owner. When dealing with appraisals, the question isn't whether one person can outbid another person. The question is, how much, if anything, the underlying fee owner should pay to have those valuable property rights titled in their name. Board Member Rosen asked what happens if the City decides to vacate an easement, but none of the adjacent property owners want to pay for the land. City Attorney Taraday answered that, if it was a City -initiated vacation with the finding that the public benefit accruing from the vacation alone is sufficient, no compensation would be required. He said council -initiated street vacations are rare, and he would assume the City Council would only do so if it would provide a public benefit. If a petitioner initiates a vacation, it is presumed the petitioner is interested in the value of the property. Chair Cheung asked if staff has a rough estimate of what the fair market value of an easement might be. Mr. Lien provided a history of past vacation ordinances approved by the City (See Attachment 5 of the Staff Report): o Ordinance No. 3188 was initiated by the City in 1998. The City Council found that the public benefit be derived from the vacation outweighed the need for requiring compensation. o Ordinance No. 3189 was initiated by the City in 1998. The vacated right-of-way was adjacent to the cemetery and was vacated to support the construction of the columbarium. o Ordinance Nos. 3197 through 3208 were initiated by the City in 1998 at the urging of the City Engineer. They were all located in the Meadowdale area and most contained slopes in excess of 40%. No compensation was required for any the vacations due to the public benefits derived. The easements were rights -of -way the City did not want and had no plans to develop into streets. o Ordinance No. 3255 was privately initiated in 1999. The vacation would have allowed one additional building lot with a value ranging from $30,000 to $65,000. However, the abutting property owners agreed to waive the subdivision rights created by the vacation via a covenant recorded with the ordinance. The City Council reduced the required value to $3,562. o Ordinance No. 3260 was privately initiated in 1999, and the City received compensation equal to half of the appraised value. o Ordinance No. 3463 was initiated by both the City and a private citizen in 2003. It appeared to be a cleanup of a past vacation that should have happened with a subdivision in 1987. The City Council considered three compensation options: 1) using the current (2003) land valuation for a total of $31,050, 2) using the 1993 assessed valuation (when the current property owner purchased the property for a total of $18,468; or 3) using the original 1987 calculation for a total of $5,454. Since it appeared to be a City oversight that the vacation did not occur, the Council chose the 1987 valuation. Planning Board Minutes September 25, 2019 Page 7 Packet Pg. 282 7.1.j o Ordinance No. 3470 was initiated by the City in 2003. The City had sold the adjacent property at 805 Bowdoin Way as surplus. As part of the sale, the City indicated it would vacate the right-of-way. It was determined that adequate compensation was received from the sale of the property and no additional compensation was required for the right-of-way. o Ordinance No. 3520 was initiated by the City in 2004. This vacation appeared to be a cleanup of some license agreement from 1973. One-half of the appraised value would have been $8,000, but the City Council accepted the reduced payment because the subject property was burdened with access rights, the prior property owner refused to purchase the site, returning the property to the tax rolls would compensate the City through additional tax revenue, and the owners would occur additional costs. o Ordinance No. 3543 was initiated by a private citizen in 2005. The City received half of the appraised value ($3,750) for the right-of-way that was vacated. o Ordinance No. 3551 was initiated by a private citizen in 2005. The City received half of the appraised value ($62,500) for the right-of-way that was vacated. o Ordinance No. 3565 was initiated by a private citizen in 2005. The City received half of the appraised value ($67,731) for the right-of-way that was vacated. o Ordinance No. 3647 was initiated by a private citizen in 2007. The fair market value of the property was appraised at $22,500. The City Council reduced the compensation below 50% to reflect the costs associated with obtaining an appraisal and the other associated costs of the vacation process, as well as the required lot line adjustment and the cost of tree removal. A compensation of $7,500 was required. o Ordinance No. 3662 was privately initiated in 2007. A compensation of $1,400 was required, which was more than half of the appraised value that was submitted with the application. Two appraisals were submitted. The first had an assumed value of $1,350 and another appraisal was for $1,620. The appraisals were based on the differential values of similarly -sized and valued properties. The City Council did not feel that the appraisals appropriately reflected the value of the property. The applicant had offered to pay the City $1,400 for the vacated right-of-way, and the City Council accepted that offer as adequate compensation. o Ordinance No. 3729 was initiated by the City Council in 2008. This is the vacation referred to by Mr. Reidy during his comments. o Ordinance No. 4028 was initiated by the City Council in 2016 after the City acquired Civic Field from the school district. Because the City was the property owner, no compensation or easements were required as part of the vacation. o Ordinance No. 4061 was privately initiated in 2017. The City received compensation of $92,610, which was half of the appraised value. The property was zoned multifamily, and the vacated property would give the owner more square footage to develop more units. o Ordinance No. 4114 was privately initiated in 2018. The required compensation was $28,800 or half of the appraised value. o Ordinance No. 4143 was privately initiated in 2019 and no compensation was required because the City retained easements. Mr. Lien summarized that the value of the appraisal and required compensation depends on the size of the property, the zone it is located in, and other circumstances that vary site -by -site. Vice Chair Robles said it makes sense that negotiations happen between the City and private parties. If a developer needs additional land in order to increase the number of units, the City should be compensated appropriately. He said a fair market is defined as something where both sides have the same information and there is no asymmetric information. The minute the City places constraints on who can do an appraisal, the results are stacked in favor of one side or the other and the appraisal can no longer be considered fair market. He asked if it is too expensive to continue the City's current process or is the amendment intended to streamline the negotiation process and make it more uniform. City Attorney Taraday said the idea behind wanting to limit which appraisers can be used is to create some uniformity and fairness between one street vacation petitioner and another. Historically, applicants have simply submitted an appraisal as part of the vacation application. Sometimes the appraisals are straight up and fair, but other times applicants present appraisals that appear result -oriented and low. He is concerned that some parties will take advantage if the City leaves it completely to the discretion of the applicant to select the appraiser. There will be some disparity in how fairly street vacation applicants are treated. The optional language provided by staff would Planning Board Minutes September 25, 2019 Page 8 Packet Pg. 283 7.1.j allow the City to provide an extensive list of appraisers. This would provide some quality control and also allow the applicant some input on who does the appraisal. He explained that an appraiser's primary job is to determine fair market value, and fair market value is defined as the price that a willing but not obligated buyer would pay and a willing but not obligated seller would sell. The most common way is via a comparable sales approach. Appraisers are trained to render an opinion as to what fair market value is, and the City wants to make sure it is dealing with appraisers who do it in a way that is above board. Appraisers are licensed by a Board and have different qualification designations. The main thing the City would look at when compiling the list would be whether or not an appraiser has experience with street vacation appraisals. Board Member Rosen said he leans towards Option 1, which calls for an approved list of appraisers that meet all of the qualifications. The market will decide if there is any pious going on. A frequency of certain appraisers generating more appeals than others will provide another safety net. Chair Cheung concurred and suggested that having a larger list would be better. The Board discussed that the list should include at least six appraisers. Board Member Robles asked if the compensation required would be the same for a developer who will gain enormously from a street vacation as opposed to a homeowner who just needs a corner for a detached accessory dwelling unit. City Attorney Taraday said his general understanding is that most appraisers doing this kind of work would take into account the highest and best use of the property before and after the street vacation. If a street vacation results in additional lots or units, the additional development potential would be reflected in the fair market value. Board Member Monroe asked that the phrase, "or has been part of a dedicated public right-of-way for 25 years or more" be eliminated from the proposed amendment. Since Edmonds was primarily platted and built in the 1950s and 1960s, the provision would include almost all right-of-way. He said he cannot think of a logical reason why an applicant would be required to pay double the price after the 251 year. Chair Cheung said it appears that the provision was added to be consistent with State Law, but there is no clear explanation as to where the number came from. Mr. Lien explained that, when the State legislature adopted the provision, they didn't specifically spell out the intent. However, the testimony that was given by the City of Tacoma and the Association of Washington Cities was that allowing cities to sell vacated streets and alleys for their appraised value allows more responsible management of public access and avoids the potential gift of public lands. The law was voted out of the house 93-0 and out of the senate 40-6. City Attorney Taraday commented that Edmonds is so old that the vast majority of the streets will fall in the 25- year-and-over category. The real policy choice is whether you want to maximize market value or sell the rights -of - way for half price. The Board discussed that, if the 25-year provision is not eliminated, the majority of the City's rights -of -way would be subject to full market value upon vacation. Board Member Monroe suggested that, at the very least, the Board should make the Council aware that accepting the staff s recommendation would basically double the price of all street vacations. BOARD MEMBER MONROE MOVED TO RECOMMEND THE STAFF'S RECOMMENDATION FOR ITEM 2, WITH ONE MODIFICATION TO REMOVE THE PHRASE, "OR HAS BEEN PART OF A DEDICATED PUBLIC RIGHT-OF-WAY FOR 25 YEARS OR MORE." BOARD MEMBER ROBLES SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY Item 3 — Appraisals — Applicability and Waiver. The existing code requires an appraisal to be submitted upfront with the application, and staff is proposing clarifying language that an appraisal is not required if a utility easement only is proposed to be vacated. In response to Planning Board feedback at the last meeting, the staff recommendation was updated to include applicability and waiver sections. The applicability section states, "where the Resolution of Intent to Vacate includes a compensation requirement, an independent appraisal shall be required. " With regard to the appraisal fee, some additional language was added to state that, `for street vacations initiated by City Council, the City shall be responsible for any associated appraisal fees. " A waiver section was added that states, "the requirement for an appraisal and subsequent monetary compensation will be waived if a Planning Board Minutes September 25, 2019 Page 9 Packet Pg. 284 7.1.j street vacation initiated by City Council by resolution includes a finding that the public benefit accruing from the vacation alone is sufficient to justify the vacation without monetary compensation to the City. " If the Planning Board determines the granting of an easement and/or substitute right-of-way negates the ability to collect monetary compensation and therefore the appraisal becomes unnecessary, then Option 1 would amend the waiver section to allow for the appraisal and monetary compensation requirement to be waived if, "a) the resolution for a City Council initiated street vacation includes a finding that the public benefit accruing from the vacation alone is sufficient to justify the vacation without any monetary compensation to the City, " and "b) the resolution conditions the street vacation upon the reservation and/or granting of a public easement or substitute public right-of-way to the City of Edmonds (or a third party). " Board Member Robles said he likes the concept of waivers. If the City is going to maximize its benefit, the public should have the rights and tools available to maximize their own benefit, as well, through a negotiation process. Board Member Monroe requested clarification of the term "third party." Does it refer only to utilities or can private developers obtain third -party rights. Ms. McConnell said a reference was made to a recent street vacation where the school district had a storm utility pipe that ran through the property. An easement was retained for the school district as a condition of approval. The condition was placed on the vacation to address an existing utility. Board Member Monroe requested additional information about Ordinance No. 3729, which was a temporary construction easement for a street vacated for approval of a 3-lot short plat. Ms. McConnell said she wasn't involved with this street vacation, which involved a short plat adjacent to the alley. In the process of vacating the alley, the City acknowledge that the development of the short plat was intending to utilize the alley for access to their construction project. A temporary construction easement was retained in that case for the developer to complete the improvements. Other than the circumstances surrounding Ordinance No. 3729, Board Member Monroe asked if "third party" refers to existing utilities or if the City would maintain a corridor for future utility installations. Ms. McConnell said the intention is not for third party future use, but there may be City future uses considered. Chair Cheung said he supports recommending the additional language outlined in Option 1 if the City Council adopts the Board's recommendation to retain the either/or language (Item 1). CHAIR CHEUNG MOVED THAT THE BOAD RECOMMEND OPTION 1, WITH THE UNDERSTANDING THAT IT WOULD ONLY APPLY IF THE CITY COUNCIL ADOPTS THE PLANNING BOARDS RECOMMENDATION OF OPTION 1 FOR ITEM 1. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. City Attorney Taraday clarified that the Board's recommendation for Item 3 would follow suit for whatever results with Item 1. If the City Council takes a different action on Item 1, then Option 1 for Item 3 would no longer apply. Item 4 — Selecting an Appraiser. The existing code requires an appraisal at the time of application, and the applicant pays for and provides his/her own appraisal. The City has no regulations beyond the language that requires a qualified land appraiser with an MAI designation. Staffs proposal states, `If the City Council adopts a Resolution of intent to Vacate the subject property, the director shall be authorized to obtain an appraisal of the fair market value of the subject property from a qualified appraiser, taking into account any reduction in fair market value associated with the conditions imposed in the Resolution of Intent, including but not limited to a condition requiring the dedication of an alternative right-of-way. " As a Planning Board Option 1, the words, `from a qualified appraiser" could be eliminated and language could be added that states, "the appraiser will be selected by the applicant from a city -approved list. " Chair Cheung asked how the City would define the term "qualified appraiser.". Ms. McConnell said the intent is for the City to have a contract in place with an appraiser consulting firm. The process of selecting a specific consultant would involve a review of qualifications to confirm applicability and experience related to street vacations. Board Member Rosen clarified that the difference between the staff s recommendation and Option 1 is a sole source versus Planning Board Minutes September 25, 2019 Page 10 Packet Pg. 285 7.1.j a roster. Chair Cheung summarized that, as per the staff s recommendation, there would only be one qualified appraiser. Under Option 1, the City would provide a list of qualified appraisers for applicants to choose from. Board Member Monroe recalled that, at the last meeting, the Board agreed that the appraisal should be moved to the end of the street vacation process rather than requiring an appraisal at the time of application. Ms. McConnell said this change was included in the proposed code amendments, but was not listed on the table because the Board was in agreement that it should be moved to a later point in the process. This change will be pointed out when the amendments are presented to the City Council. BOARD MEMBER ROSEN MOVED THAT BOARD RECOMMEND OPTION 1 FOR ITEM 4, WITH THE ADDITIONAL LANGUAGE, "NO FEWER THAN SIX." BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. • Item 5 — Challenging a Condition. There is no existing code language that details how an applicant may appeal a condition. Language with regard to challenging conditions imposed in the Resolution of Intent to Vacate would provide the applicant clarity on the appeal process where none is provided in the State code. It would also provide certainty to the City that the ordinance passed by the City Council would not be challenged once the vacation becomes effective. The staff recommendation includes language providing a 30-day appeal period, which is longer than the usual 21-day appeal period for land -use decisions. If the Board feels that a longer appeal period is necessary, Option 1 would add a clause to make sure that the street vacation is dealt with appropriately, depending on when an appeal comes in. The majority of the Board indicated support for an appeal period longer than 39 days, and most felt that 60 days would be a more appropriate option. BOARD MEMBR ROSEN MOVED THAT THE BOARD RECOMMEND OPTION 1 FOR ITEM 5. BOARD MEMBER MONROE SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. At the request of City Attorney Taraday, the Board confirmed that the motion includes the red text provided in the table for Item 5. REVIEW OF THE JOINT CITY COUNCIL/PLANNING BOARD MEETING Board Member Rosen reviewed the City Council's suggestions for items the Board should add to its extended agenda. The list included: o Implementation of code update for the Urban Forest Management Plan (UFMP) o Implementation of code update for the climate goals o Implementation of code update for the Washington State Roadmap o Low -impact development code review o Five Corners code update o Sustainable construction code review o Stormwater handling code review o Identifying nonconforming buildings and areas under performing o Subdivision code review Board Member Rosen said he sensed some frustration by City Council Members who felt they had been asking for subdivision code review for several years. He suggested that the listed items should be added to the Board's agenda, with some parameters around scheduling. The Board acknowledged that available staff time would need to be considered when scheduling the items on the extended agenda. Mr. Chave explained that some of the items will be longer term, and others shorter term. There are also pending items on the Board's agenda that weren't mentioned at the joint meeting. Planning Board Minutes September 25, 2019 Page 11 Packet Pg. 286 8.1 City Council Agenda Item Meeting Date: 10/15/2019 Monthly Council Subcommittee Reports and Minutes Staff Lead: Council Department: City Clerk's Office Preparer: Scott Passey Background/History N/A Staff Recommendation N/A. For information only. Narrative This is an opportunity for Councilmembers to report on items discussed at their committee meetings held the previous week. The committee meeting minutes are attached. Attachments: P P W 100819 FC100819 Packet Pg. 287 8.1.a PARKS & PUBLIC WORKS COMMITTEE MEETING October 8, 2019 Elected Officials Present Staff Present Councilmember Kristiana Johnson (Chair) Phil Williams, Public Works Director Council President Adrienne Fraley-Monillas Shannon Burley, Deputy Parks Director Councilmember Teitzel (portion of mtg.) Jeannie Dines, Recorder Mayor Dave Earling (portion of mtg.) The meeting was called to order at 6:00 p.m. in Council Chambers. 1. ILA Verdant Health Commission — Outdoor Fitness Zones Amendment Ms. Burley explained the City was awarded funding for two outdoor fitness zones from Verdant in 2019. This is an amendment to the ILA that the Council approved in March 2019, extending the time allowed to construct the Mathay Ballinger Fitness area. Discussion followed regarding the stormwater work in Mathay Ballinger, timing of this project and the stormwater project, and parking during the stormwater project. Action: Schedule on Consent Agenda 2. Marsh Boardwalk Easement Ms. Burley explained in 2018 it was determined the City's easement for the boardwalk at the marsh was only for a portion of the boardwalk. Following that determination a survey was conducted, to define the boardwalk in its entirety with a 2 foot buffer; this easement represents the entire boardwalk. The easement, granted by the Port of Edmonds, authorizes the City to maintain, operate, repair and reconstruct the boardwalk at the Edmonds Marsh. Discussion followed regarding reference to the boardwalk in Windward's study, invasive species, and Parks' efforts to remove invasive species. Action: Schedule on Consent Agenda 3. Hyundai Pedestrian Easement Mr. Williams explained there are two easements in the wedge between 76th and Hwy 99 south of 220tn one property owner and two car dealerships making improvements. The first application for the Mazda Showroom was submitted prior to the code change regarding frontage improvements in the General Commercial zone. The Lynnwood Mazda property will have 1.5 feet of sidewalk on private property to accommodate trees and tree grates and the necessary amount of clear zone behind the sidewalk. The application for the Hyundai Showroom was submitted after the code change which requires small public spaces along the frontage which results in a staggered easement that ranges from 2 to 6.5 feet on the Hyundai property. The easement will be provided at no cost to the City and Hyundai will construct the frontage improvements. Discussion followed regarding the "amenity space garden" on the Hyundai property (proposed by the developer as part of public space), public access to the amenity space, and who benefits from the amenity space. Staff will confer and respond to Councilmember Johnson regarding how public access to the amenity space garden meets the code requirement. Action: Staff provide additional information to Councilmember Johnson and she will decide whether to schedule on Consent Agenda or full Council Packet Pg. 288 8.1.a 10/8/19 PPW Committee Minutes, Page 2 4. Lynnwood Mazda Pedestrian Easement As described above, Mr. Williams explained the Lynnwood Mazda application was submitted before the code change. The project will install new street trees along both property frontages and widen the sidewalk which requires granting a 1.5 feet wide pedestrian easement to the City to accommodate the wider sidewalks. Discussion followed regarding the difference between the width of the easement for Mazda (1.5 feet) and Hyundai (2.5 to 6 feet). Action: Schedule on Consent Agenda 5. Presentation of a Professional Services Agreement with Tetra Tech for the Ballinger Regional Facility Mr. Williams explained the adopted 2019 budget included funding to initiate a feasibility study and pre - design steps for a proposed regional infiltration facility at Mathay-Ballinger Park. Lake Ballinger is plagued with numerous issues including urban flooding, algae blooms from poor water quality, invasive vegetation, and temperature stratification. The project seeks to improve water quality and temperature conditions in Lake Ballinger by treating and infiltrating a portion of the runoff from the basin, which includes the heavily urbanized Highway 99 corridor The predesign will determine the feasibility and if so, what modifications/approvals will be required from Ecology. The predesign was put out for proposals and Tetra Tech was selected. Tetra Tech will develop two separate alternatives to 30% design, present that to City Council for approval followed by design and construction. Discussion followed regarding issues that will be determined during predesign, the drainage basins to the west and east of Hwy 99, and preliminary cost estimates. The draft scope and fee is being refined by staff and the consultant and will be finalized before it is scheduled for Council. Action: Schedule for full Council if the PSA is over $50,000 and Consent Agenda if less than $50,000 6. Citywide Pedestrian Enhancements Project -Easements Mr. Williams explained this is an approximately $2M project and the City received a $1.5M grant. Improvements will be made at nine intersections, seven of which are pedestrian activated Rectangular Rapid Flashing Beacons (RRFB) and a HAWK signal. The packet includes a map of the crossings. Six of the easements (temporary construction and permanent easements) have been signed and are ready to be accepted. The total cost of the six easements is $30,000. One of the remaining projects will not require a permanent easement and two that require larger permanent easements will be presented at a future meeting. Discussion followed regarding how the value of the easements was determined, appraisals and other factors used in negotiating the value of the easement, location of the HAWK signal near Maplewood Presbyterian Church, reason for a HAWK signal versus an RRFB, the unsignalized intersection at Maplewood Drive & 196th and past presentations regarding solutions at that intersection, and a suggestion to have staff reconsider a solution to the Maplewood Drive & 196th intersection. November PPW agenda item: Staff update regarding Maplewood Drive & 196th intersection Action: Schedule on Consent Agenda 7. Investment Grade Audit for Citywide ESCO Project Mr. Williams relayed the preliminary 2020 budget includes an increased amount for capital facility renewal and a great deal of work will be required next year if that is approved. The facility condition assessment identified significant deferred maintenance, many of which provide an opportunity to save energy and the potential for an Energy Services Contracting (ESCO) project. McKinstry will conduct an Packet Pg. 289 8.1.a 10/8/19 PPW Committee Minutes, Page 3 energy audit on a subset of projects; the audit would identify projects with energy savings, package them into one ESCO project with a guaranteed maximum cost and guaranteed energy savings. The projects are also monitored to ensure the guaranteed energy savings are being realized. Mr. Williams recommended using 2019 capital renewal funds to commission the audit so an ESCO project could begin in 2020. The packet includes the proposed scope of work; the cost of the energy audit is $40,000 and the estimated project cost is $1 M. He pointed out the City pays the cost of the audit regardless of whether the City decides to pursue an ESCO project. Questions and discussion included why the investment grade audit was not done at the same time as the facility condition assessment, the importance of addressing deferred maintenance, past ESCO projects, deficiencies identified in the building condition assessment that do not result in energy savings, the audit identifying the most impressive energy saving projects, McKinstry developing a list of energy saving projects and alternatives for addressing deficiencies, cost of the facility condition assessment, ESCO project combining guaranteed costs and guaranteed savings, when projects would be implemented, possibly repurposing funds from the 511 Fund, funding the audit from 2019 capital renewal funds so projects can begin in 2020, how long it will take to catch up on $6.5M deferred maintenance, and the cost to address deferred maintenance versus ongoing maintenance. Action: Schedule for full Council 8. PUD Aerial and Ground Easement at SE Corner of Frances Anderson Field (NW Corner of Dayton & 8th) Mr. Williams explained staff is reviewing a proposal for a power pole relocation on the southeast corner of the Frances Anderson Center playfield due to an ADA intersection improvement being done as part of the Dayton Utility Replacement Project. PUD is proposing to locate the pole outside the right-of-way on the playfield parcel. An easement for the pole as well as an aerial easement will be required. Once the details are negotiated, he requested it be scheduled on the Consent Agenda. Action: Schedule on future Consent Agenda Update on Water issues at Civic Park Mr. Williams reported Parks and Public Works are working on a process to define that project, whether an upstream project would be feasible, the cost, etc. Ms. Burley explained a two part solution is being considered to address the water at Civic, 1) , raising the grade to deal with the high ground water table, and 2) a potential project at Yost Park which is in the same watershed to capture water that runs off the parking lot, inject it into a well to allow it to dissipate more slowly which would be helpful to the stream habitat as it would reduce flooding and provide a credit for upstream mitigation. A meeting is scheduled later this week to discuss the preliminary results of drilling. Mr. Williams offered to provide an update at the November PPW meeting. The meeting was adjourned at 6:57 p.m. Packet Pg. 290 FINANCE COMMITTEE MEETING October 8, 2019 Elected Officials Present Councilmember Diane Buckshnis (Chair) Councilmember Tom Mesaros Councilmember Dave Teitzel (portion of mtg.) Mayor Dave Earling (portion of mtg.) Staff Present Scott James, Finance Director Shane Hope, Development Services Director Dave Turley, Assistant Finance Director Frances Chapin, Arts & Culture Program Mgr. Jerrie Bevington, Recorder The meeting was called to order at 6:00 p.m. in the Jury Meeting Room. Approval of Expenditure for Historic Informational Panel Councilmember Teitzel explained in January he was contacted by Lindsay Echelbarger, one of the owners of Salish Crossing, about partnering with the City in creating an informational panel about the old Edmonds High School portico on the southeast corner of the Salish Crossing parking lot on SR 104 & Dayton. He described the history of the portico: Edmonds High School, originally located on the ECA site, was built in 1909, and demolished in 2005. The portico was preserved and stored for nearly a decade in the old Public Works site. The Echelbargers were contacted when the City wanted to dispose of the portico and, recognizing the historic importance to Edmonds, ultimately retrieved the portico, restored it and mounted at its current location, investing nearly $200,000. Councilmember Teitzel proposed an informational panel (similar to the sign on Sunset Avenue) that would explain the significance of the old Edmonds High School portico. An easement may be required 0 to place the sign on private property. City Attorney Jeff Taraday indicated this was not a gift of public funds due to the easement and City's ownership of the sign. The cost for design, fabrication and installation of the sign is approximately $4,000. Funding sources include Council Contingency Fund or c General Fund fund balance. The Historic Preservation Commission liked the concept of signage to explain a historic object, but as the object was not in its original location, chose not to take a position. They suggested contacting the Museum Board who was very enthusiastic and supported the signage. c 0 Questions and discussion included a similar easement obtained to install the wayfinding sign, U- passersby who have asked about the portico, why the school district did not claim the portico, and consideration originally given to placing the portico on the ECA site. Committee members expressed E support for funding the sign from the Council Contingency. �a Action: Schedule for full Council a 2. August 2019 Monthly Financial Report Mr. Turley provided highlights: • Property taxes on track • Sales tax revenue on budget (slightly higher than 2018) • REET revenue slightly lower budget • Capital project funds at approximately 20%, typical for August • August is 67% through the year • Plan to close Drug Asset Forfeiture Fund (Fund 104) due to change in federal regulations Packet Pg. 291 8.1.b 10/08/19 Finance Committee Minutes, Page 2 Questions and discussion included the Other Miscellaneous Revenue fund, plan check fees for projects that will be constructed next year, whether there will be carryforward for Construction Projects expenditures and whether Construction Projects should be budgeted differently (in multiple years instead of one year), bond rates, and telephone utility tax. Action: Schedule on Consent Agenda 3. 3d Quarter Budget Amendment Mr. James reviewed: • Revenue: $114,000 • Expenses: $187,000 • Decrease fund balance: $72,000 • 10 decision packages 1. Grant from the Washington State Arts Commission for the Creative Arts District 2. Outside consultant plan review of building permits due to increase in permitting activity (funded via permit revenues) 3. Service expansion for existing GovQA Online Records Request System to add Edmonds Municipal Court 4. Fund half of salary/benefits of Lynnwood Police Department sergeant assigned to Snohomish County Regional Drug Task Force from fund balance due to change in federal regulations related to asset forfeitures and distribution of funds 5. Funding provided by Edmonds Police Foundation for K-9 training bite suit and recruiting materials 6. Grant from Seattle FD and WA Traffic Safety Commission to reimburse overtime 7. Additional security at Taste of Edmonds (half funded by Chamber of Commerce) 8. Collection of special assessment bond issue payments, write-off of one receivable and close out of LID Fund 211 9. Increase and maintenance on previously purchased software/systems 10. Windward open house Questions and discussion included ongoing expenses that will be included in future budgets, funding c of the Windward study, and reimbursable grants. o� Action: Schedule for full Council o 0 r 4. Update on Civic Park Bonds U_ r c Mr. James reported on a presentation to Standard & Poors regarding the City's bond rating. Standard & Poors will issue a rating as soon as October 17th and the bond sale will occur at the end of October. Discussion included the anticipated bond rate. a Action: Information only The meeting was adjourned at 6:47 p.m. Packet Pg. 292 9.1 City Council Agenda Item Meeting Date: 10/15/2019 Investment Grade Audit for Citywide ESCO Project Staff Lead: Phil Williams Department: Engineering Preparer: Megan Luttrell Background/History The Facilities Division commissioned a Facility Condition Assessment in 2018-19 to determine a measurable baseline for the City's facilities condition. This assessment showed significant deferred maintenance of 6.5 million dollars. In order to leverage this information and move forward addressing these deficiencies, we are asking to use existing capital dollars to commission an Investment Grade Audit through the State of Washington's ESCO program. Staff Recommendation We recommend the City approve the use of 2019 capital renewal funds to commission an Investment Grade Audit to determine the viability of a new ESCO phase to address deferred maintenance items that will qualify for this Department of Enterprise services program. Our proposal is for $40,000.00 to cover the audit which will include project implementation costs. Narrative The investment Grade Audit will analyze the performance based contracting measures along with their associated savings, costs, and potential for utility rebates and grants. This Audit will look at each of the City's 18 buildings for the highest potential opportunities in: Lighting: Building Controls: Mechanical, Electrical and Plumbing Electronic controls; Air Compressors; Windows; and Hot Water Heaters. From this audit, we expect an Energy Services Proposal that aligns Facilities Capital investment to meet known deferred maintenance needs and target energy costs savings while looking towards future divestment in fossil fuels. These divestment efforts would include the viability of alternative energy sources and focus equipment replacement with electric options rather than traditional fossil fuel replacements. Attachments: Citywide ESCO_McKinstry Packet Pg. 293 9.1.a try ife Of Your Building August 22nd, 2019 Thom Sullivan Facilities Manager City of Edmonds 7110 210th St SW Edmonds, WA 98026 Subject: Investment Grade Audit Proposal City of Edmonds Dear Mr. Sullivan: The City of Edmonds is interested in improving the energy efficiency and facility operation of the City buildings through a performance -based contract with McKinstry. This proposal will provide the guidelines for which McKinstry will provide the following tasks: 1. Conduct an Investment Grade Audit at the target facilities. 2. Develop a comprehensive Energy Services Proposal for selected initiatives. List of target facilities to be studied is provided below that reflect phase I of the cities energy conservation efforts to aid in correcting identified deferred building needs. INVESTMENT GRADE AUDIT (IGA): The audit will identify and analyze performance -based contracting measures along with their associated savings, costs, and potential for utility rebates and grants. The list of high potential opportunities to be investigated is provided below. The final deliverable of the IGA will be an energy services proposal (ESP) for implementation of viable initiatives with associated energy cost savings. Building Address . Scope of Boys and Girls Club 275 6th N. Edmonds, 98020 6,856 (a) Cemetery Building 820 15th St. SW Edmonds, WA. 98020 759 (a) City Hall 1215th Ave N. Edmonds, WA. 34,074 (a), (b), (c), (e) Fishing Pier 200 Admiral Way 1,200 (a) Frances Anderson Center 700 Main St. Edmonds, WA. 55,000 (a), (f) FS 16 8429 196th SW Edmonds, WA. 98026 10,700 (a) FS 17 275 6th Ave N. Edmonds, WA. 9,800 (a) FS 20 23009 88th Ave W. Edmonds, WA. 98026 6,400 (a) Historic Log Cabin 120 5th Ave N. Edmonds, WA. 372 (a) Historical Museum 120 5th Ave N. Edmonds, WA. 3,910 (a) Library and Plaza Room 650 Main St. Edmonds, WA. 19,520 (a) Meadowdale Club House 6801 N. Meadowdale Rd. Edmonds, WA. 98026 3,950 (a) Old Public Works 200 Dayton St. Edmonds,Wa. 14,100 (a), (d) Parks Maintenance Building 600 3rd Ave Edmonds, WA. 4,868 (a) Public Safety Building 250 5th Ave N. Edmonds, WA 98020 30,940 (a), (f), (g) Public Works 0&M Center 7110 210th St. SW Edmonds,WA.98026 28,000 (a) Wade James Theater 1950 Main St. Edmonds, WA. 98020 6,289 (a) Yost Pool House 19520 Bowdoin Way Edmonds, WA. 98020 4,664 (a) (a) Lighting Audit (b) Controls upgrade (c) Re -commission MEP systems (d) Air Compressors (e) Fenestration improvements (f) Controls Optimization (g) Water Heater 5005 Third Avenue South * Seattle, WA * 98124-0567 * 206.762.3311 * Fax 206.762.2624 Packet Pg. 294 9.1.a try ile Of Your Building Page 2 REQUESTED INFORMATION: For effective execution of this proposal we ask that the City of Edmonds provide access to the following: ✓ Good Faith Survey for all buildings in scope ✓ Historical utility bills for the last 24 months. ✓ All mechanical, electrical, architectural, structural and building controls drawings. ✓ Access to Building Automation System (BAS). ✓ All operational and maintenance manuals, balancing records, & specifications. ✓ Operational records related to the cost of maintaining specific equipment. ✓ Information with regards to any on -going maintenance contracts. ✓ Access to individuals that have relevant information pertaining to the day-to-day operation of energy using systems on site. TIMELINEAND MILESTONES: McKinstry will initiate this scope of work immediately upon acceptance of this proposal and establishment of a professional services agreement based on McKinstry's existing master agreement with the Department of Enterprise Services (DES). Formal progress review meetings will be conducted regularly throughout the study phase. During these review meetings, McKinstry will recommend measures based on the analysis, while the City of Edmonds and DES will provide final direction regarding recommended measures. The goal of these review meetings is to focus engineering efforts, budgeting, and savings assessment on those measures that possess a high probability for implementation. McKinstry will target completion of the IGA within 100 calendar days of a notice to proceed. CRITERIA FOR IMPLEMENTATION: It is the City of Edmonds's intent that McKinstry will implement all approved projects that meet the following criteria. ✓ Facility Improvement Measures shall be life cycle cost effective as an aggregate using the Office of Financial Management (OFM) life cycle cost model tool. ✓ Not more than 90% of the energy cost savings may be used to help repay a loan, if applicable. ✓ McKinstry will work with the clients' utilities and other entities to secure conservation grant funding or low interest loans for applicable measures. ✓ Client may list favorable subs and equipment Investment Grade Audit Fee: The City of Edmonds will reimburse McKinstry for a lump sum of $40,000 for this scope of work. All fees assessed under this proposal will be included in the final project implementation costs. In the event that McKinstry is unable to recommend projects that meet the criteria above, the City of Edmonds has no financial obligation to McKinstry. However, if the recommendations meet or exceed the Criteria for Implementation and the City of Edmonds chooses not to enter into an agreement with McKinstry to install the projects, the City of Edmonds will reimburse McKinstry for the Investment Grade Audit fee. All associated information, including deliverables, will become the property of the City of Edmonds upon final receipt of payment. Deliverables are listed in attachment (A). We look forward to working with the City of Edmonds and DES on a successful project. Please call should you have any questions. Best Regards, Grant Haag Account Executive Energy 206-247-6597 cc: Butch Boles, DES 5005 Third Avenue South * Seattle, WA * 98124-0567 * 206.762.3311 * Fax 206.762.2624 Packet Pg. 295 9.1.a try lfe Of Your Building Attachment A Investment Grade Audit Deliverables The Investment Grade Audit for the City of Edmonds will include the following elements: Page 3 1. A DESCRIPTION OF THE SYSTEMS WHICH SHALL RECEIVE ESCO EQUIPMENT AND ESCO SERVICES; 2. THE COST-EFFECTIVE FACILITY IMPROVEMENT MEASURES (FIMS) TO BE INSTALLED OR CAUSED TO BE INSTALLED BY THE ESCO AND A DESCRIPTION OF THE FIMS ANALYZED BUT DISQUALIFIED UNDER THE COST EFFECTIVENESS CRITERIA; 3. A DESCRIPTION OF THE SERVICES THAT THE ESCO WILL PERFORM OR CAUSE TO BE PERFORMED ON OR IN THE INFRASTRUCTURE, INCLUDING BUT NOT LIMITED TO ENGINEERING, CONSTRUCTION MANAGEMENT, THE OPERATIONS AND MAINTENANCE PROCEDURES FOR USE ON ESCO EQUIPMENT, TRAINING FOR PERSONNEL, WARRANTY SERVICE PROVIDED, AND EQUIPMENT MAINTENANCE PROVIDED, 4. THE MAXIMUM ALLOWABLE PROJECT COST; 5. RECOMMENDATIONS FOR REPLACEMENT OF EXISTING EQUIPMENT, ALONG WITH RECOMMENDATIONS FOR IMPROVEMENTS TO EXISTING EQUIPMENT AND OPERATING CONDITIONS, 6. THE SERVICE STANDARDS APPROPRIATE FOR THE INFRASTRUCTURE; 7. THE BASELINE ENERGY CONSUMPTION, INCLUDING THE DATA, METHODOLOGYAND VARIABLES USED TO COMPUTE THE BASELINE, AND THE BASELINE CALENDAR PERIOD WHICH SHALL NOT BE LESS THAN TWELVE (12) MONTHS; 8. THE ESTIMATED ENERGY SAVINGS AND ENERGY COST SAVINGS THAT ARE EXPECTED TO RESULT FROM THE INSTALLATION OF THE ESCO EQUIPMENT AND FROM THE ESCO SERVICE, AND AN EXPLANATION OF THE METHOD USED TO MAKE THE ESTIMATE; 9. THE METHOD BY WHICH ENERGY SAVINGS AND ENERGY COST SAVINGS WILL BE CALCULATED DURING THE TERM OF THE ENERGY SERVICES AGREEMENT; 10. A DESCRIPTION OF HOW PROJECT FINANCING (IF REQUIRED) WILL BE COMPLETED; 11. A DESCRIPTION OF HOW THE ENERGY SAVINGS WILL BE GUARANTEED BY THE ESCO; 12. A DESCRIPTION OF HOW THE ESCO PROPOSES TO BE COMPENSATED; 13. THE SCHEDULE FOR PROJECT COMPLETION; 14. THE NATURE AND EXTENT OF THE WORK AND EQUIPMENT THAT THE ESCO ANTICIPATES IT WILL RECEIVE FROM OTHER FIRMS UNDER SUBCONTRACT; 15. DETAILED MEASUREMENT AND VERIFICATION (M&V) PLAN 5005 Third Avenue South * Seattle, WA * 98124-0567 * 206.762.3311 * Fax 206.762.2624 Packet Pg. 296 9.2 City Council Agenda Item Meeting Date: 10/15/2019 3rd Quarter Budget Amendment Staff Lead: Scott James Department: Administrative Services Preparer: Scott James Background/History Amend the 2019 Budget Ordinance No. 4156. Staff Recommendation Staff recommends the Council approve Ordinance No. XXXX amending the 2019 Budget. Narrative There are a total of eleven budget amendment requests. Ten of the requests are new items for the Council to consider and one has been previously discussed by Council. Attachments: 3rd Quarter DP Chart for Agenda Memo 3rd Quarter Budget Amendment Ordinance 2019 3rd Quarter Budget Amendment Exhibits Packet Pg. 297 9.2.a Cash (Increase) Page # Description Decrease General Fund 001 1 Martin Lurther King Tribute $3,500 2 Creative District Grant $0 3 Consultant Plan Review $0 4 GovQA Software Expansion $4,000 5 Narcotics Task Force Sergeant $81,278 6 Police Equipment Reimbursements $0 7 Police Reimburseable Overtime $0 8 Taste of Edmonds Security $3,776 11 Open House - Edmonds Marsh Study $1,515 Impacts to Ending Cash $94,069 Contingency Reserve Subfund 012 9 Interfund Transfer- Close 211 ($35,887) Impacts to Ending Cash ($35,887) LID Control Fund 211 9 Interfund Transfer- Close 211 $23,487 9 Penalties Special Assessment ($3,500) 9 Interest Special Assessment ($3,800) 9 Assessment Principal ($16,187) Impacts to Ending Cash $0 Technology Rental Fund 512 10 Software Price & Maintenance Increase $18,260 Impacts to Ending Cash $18,260 Total of Impact to Ending Cash $ 76,442 Packet Pg. 298 9.2.b ORDINANCE NO. XXXX AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ORDINANCE NO. 4156 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 2019 Budget; and THEREFORE, WHEREAS, the applications of funds have been identified; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 1. of Ordinance No. 4156 amending the budget for the fiscal year 2019 is hereby amended to reflect the changes shown in Exhibits A, B, C, and D adopted herein by reference. 1 Packet Pg. 299 9.2.b 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 effect five (5) days after passage and publication of an approved summary thereof consisting of the title. ATTEST/AUTHENTICATE: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MAYOR, DAVE EARLING 2 Packet Pg. 300 9.2.b SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2019, 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. 4156 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 , 2019. CITY CLERK, SCOTT PASSEY Packet Pg. 301 9.2.b EXHIBIT "A": Budget Amendment Summary (October 2019) FUND NO. FUND DESCRIPTION 2019 BEGINNING FUND BALANCE REVENUE EXPENDITURES 2019 ENDING FUND BALANCE 001 GENERAL FUND 11,233,278 45,688,605 45,518,247 11,403,636 009 LEOFF-MEDICAL INS. RESERVE 333,447 437,980 466,920 304,507 011 RISK MANAGEMENT RESERVE FUND 929,908 28,210 931,523 26,595 012 CONTINGENCY RESERVE FUND 5,564,260 218,287 3,835,827 1,946,720 014 HISTORIC PRESERVATION GIFT FUND 12,607 5,230 11,200 6,637 016 BUILDING MAINTENANCE FUND 210,221 - - 210,221 017 MARSH RESTORATION & PRESERVATION FUND 309,178 556,800 - 865,978 018 EDMONDS HOMELESSNESS RESPONSE FUND 225,443 - 1,862 223,581 019 EDMONDS OPIOID RESPONSE FUND 250,000 - 200,000 50,000 104 DRUG ENFORCEMENT FUND 1 165,430 45,800 119,631 111 STREET FUND 1,343,329 1,859,270 2,252,028 950,571 112 COMBINED STREETCONST/IMPROVE 859,217 7,139,933 6,892,395 1,106,755 117 MUNICIPAL ARTS ACQUIS. FUND 570,633 152,647 181,880 541,400 118 MEMORIAL STREETTREE 18,899 580 - 19,479 120 HOTEL/MOTEL TAX REVENUE FUND 89,938 98,264 108,934 79,268 121 EMPLOYEE PARKING PERMIT FUND 77,046 26,170 26,880 76,336 122 YOUTH SCHOLARSHIP FUND 15,030 1,680 3,000 13,710 123 TOURISM PROMOTIONAL FUND/ARTS 70,586 31,250 32,000 69,836 125 PARK ACQ/IMPROVEMENT 2,230,820 1,597,600 3,383,286 445,134 126 SPECIAL CAPITAL FUND 2,562,524 1,604,020 3,872,301 294,243 127 G I FTS CATALOG FU N D 295,225 97,800 109,454 283,571 130 C EMETERY MAI NTENANCE/I MP ROV 212,775 182,560 194,707 200,628 136 PARKSTRUSTFUND 160,616 4,870 5,000 160,486 137 CEMETERY MAI NTENANCE TRUST FD 985,657 44,500 - 1,030,157 138 SISTER CITY COMMISSION 8,102 10,240 10,500 7,842 211 LID FUND CONTROL 12 35,887 35,887 12 231 2012 LTGO DEBTSERVICE FUND - 716,420 716,410 10 332 PARKS CONSTRUCTION 2,209,541 2,885,649 3,997,428 1,097,762 421 WATER 21,205,813 10,473,626 12,938,995 18,740,444 422 STORM 11,913,622 5,461,148 10,019,772 7,354,998 423 SEWER/TREATMENT PLANT 45,890,096 14,386,296 17,721,484 42,554,908 424 BOND RESERVE FUND 843,961 1,995,280 1,991,210 848,031 511 EQUIPMENT RENTAL FUND 9,552,483 1,763,760 2,933,431 8,382,812 512 Technology Rental Fund 623,458 1,101,798 1,198,171 527,085 617 FIREMEN'S PENSION FUND 217,698 72,040 137,223 152,515 Totals 121,025,424 98,843,830 119,773,755 100,095,499 a Packet Pg. 302 9.2.b EXHIBIT "B": Budget Amendments by Revenue (October 2019) FUND NO. FUND DESCRIPTION Adopted Budget Ord. #4136 1/1/2019 Adopted Amendment Ord. #4144 2/20/2019 Adopted Amendment Ord. #4148 4/24/2019 Adopted Amendment Ord. #4156 7/24/2019 Proposed Amendment Ord. # 1012019 2019 Amended Revenue Budget 001 General Fund $ 40,774,939 $ $ 91,255 $ 4,767,350 $ 55,061 $ 45,688,605 009 Leoff-Medical Ins. Reserve 437,980 - - 437,980 011 Risk Management Reserve Fund 28,210 - 28,210 012 Contingency Reserve Fund 182,400 35,887 218,287 014 Historic Preservation Gift Fund 5,230 - 5,230 016 Building Maintenance Fund - - 017 Marsh Restoration & Preservation Fund 556,800 556,800 018 Edmonds Homelessness Response Fund - - 019 Edmonds Opioid Response Fund - - 104 Drug Enforcement Fund 165,430 165,430 111 Street Fund 1,859,270 1,859,270 112 Combined Street Const/Improve 6,646,917 295,366 197,650 - 7,139,933 117 Municipal Arts Acquis. Fund 150,910 - - 1,737 152,647 118 Memorial Street Tree 580 - 580 120 Hotel/Motel Tax Revenue Fund 94,730 3,534 98,264 121 Employee Parking Permit Fund 26,170 - 26,170 122 Youth Scholarship Fund 1,680 1,680 123 Tourism Promotional Fund/Arts 31,250 31,250 125 ParkAcq/Improvement 1,597,600 1,597,600 126 Special Capital Fund 1,604,020 - - 1,604,020 127 Gifts Catalog Fund 82,100 6,000 9,700 97,800 130 Cemetery Maintenance/Improv 182,560 - - 182,560 136 Parks Trust Fund 4,870 4,870 137 Cemetery Maintenance TrustFd 44,500 44,500 138 Sister City Commission 10,240 10,240 211 Lid Fund Control 12,400 23,487 35,887 231 2012 LTGO Debt Service fund 716,420 - - 716,420 332 Parks Construction 2,796,849 88,800 2,885,649 421 Water 10,473,626 - 10,473,626 422 Storm 5,461,148 5,461,148 423 Sewer/Treatment Plant 14,386,296 14,386,296 424 Bond Reserve Fund 1,995,280 1,995,280 511 Equipment Rental Fund 1,763,760 1,763,760 512 Technology Rental Fund 1,101,798 1,101,798 617 lFiremen'S Pension Fund 1 72,040 1 -1 72,040 Totals 1 $ 93,268,003 1 $ 384,166 1 $ 294,905 1 $ 4,782,321 1 $ 114,435 $ 98,843,830 a Packet Pg. 303 9.2.b EXHIBIT "C": Budget Amendments by Expenditure (October 2019) FUND NO. FUND DESCRIPTION Adopted Budget Ord. #4136 1/1/2019 Adopted Amendment Ord. #4144 2/20/2019 Adopted Amendment Ord. #4148 4/24/2019 Adopted Amendment Ord. #4156 7/2019 Proposed Amendment Ord. # 1012019 2019 Amended Expenditure Budget 001 General Fund $ 44,364,843 $ 707,366 $ 224,314 $ 72,594 $ 149,130 $ 45,518,247 009 Leoff-Medical Ins. Reserve 444,270 - 22,650 - - 466,920 011 Risk Management Reserve Fund - - 931,523 931,523 012 Contingency Reserve Fund - 3,835,827 3,835,827 014 Historic Preservation Gift Fund 5,400 5,800 11,200 016 Building Maintenance Fund - - - 017 Marsh Restoration & Preservation Fund - - 018 Edmonds Homelessness Response Fund - 1,862 1,862 019 Edmonds Opioid Response Fund 200,000 - 200,000 104 Drug Enforcement Fund 45,800 45,800 111 Street Fund 2,234,528 - 17,500 2,252,028 112 Combined Street Const/Improve 6,399,379 295,366 197,650 6,892,395 117 Municipal Arts Acquis. Fund 181,880 - - 181,880 118 Memorial Street Tree - - - 120 Hotel/Motel Tax Revenue Fund 100,400 8,534 108,934 121 Employee Parking Permit Fund 26,880 - 26,880 122 Youth Scholarship Fund 3,000 3,000 123 Tourism Promotional Fund/Arts 32,000 - - - 32,000 125 ParkAcq/Improvement 2,853,560 465,356 54,370 10,000 3,383,286 126 Special Capital Fund 3,102,850 761,851 7,600 - 3,872,301 127 Gifts Catalog Fund 77,795 - 21,959 9,700 109,454 130 Cemetery Maintenance/Improv 184,707 10,000 - - 194,707 136 Parks Trust Fund 5,000 - 5,000 137 Cemetery Maintenance Trust Fd - - 138 Sister City Commission 10,500 - 10,500 211 Lid Fund Control 12,400 23,487 35,887 231 2012LTGO Debt Service Fund 716,410 - - 716,410 332 Parks Construction 3,763,628 233,800 3,997,428 421 Water 12,229,053 679,942 30,000 - 12,938,995 422 Storm 9,690,422 304,613 23,000 1,737 10,019,772 423 Sewer /Treatment Pla nt 17,259,438 462,046 - - 17,721,484 424 Bond Reserve Fund 1,991,210 - - 1,991,210 511 Equipment Rental Fund 2,408,431 296,000 229,000 2,933,431 512 Technology Rental Fund 1,048,911 131,000 - - 18,260 1,198,171 617 Firemen's Pension Fund 78,627 - 58,596 137,223 Totals $109,471,322 $ 4,347,340 $ 828,043 $ 4,936,173 $ 190,877 1 $ 119,773,755 a Packet Pg. 304 EXHIBIT "D": Budget Amendment Summary (October 2019) 9.2.b Proposed Amendment Proposed Proposed Proposed Change in Amendment Amendment Amendment Beginning Fund Change in Change in Change in Ending Fund Number Balance Revenue Expense Fund Balance 001 55,061 149,130 (94,069) 012 35,887 - 35,887 211 23,487 23,487 - 512 - 18,260 (18,260) Total Change 114,435 190,877 (76,442) a Packet Pg. 305 New Items for Council to Consider (October 2019) 9.2.c Budget Amendment for: Third Quarter Item Description: Council would like to sponsor a Martin Luther King Tribute event in January at the ECA. Department: City Council Fund Name: 001 GENERAL Division: Title: Decision package to fund sponsorship Preparer: Maureen Judge Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100% Ending Fund Balance One -Time Operating Account Number Description 2019 2020 2021 2022 2023 00 1. 000. 11. 511.60.49. 10 Sponsorship $ 3,500 Total Expenditure Increase (Decrease) $ 3,500 $ $ $ $ Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Revenue Increase Decrease $ $ $ $ $ - Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.39.508.00.00.00 Ending fund balance $ (3,500) $ $ $ $ Total Ending Fund Balance Increase Decrease $ 3,500 $ $ $ $ - Packet Pg. 306 9.2.c New Items for Council to Consider (October 2019) Budget Amendment for: Third Quarter Item Description: The Economic Development Department received a $5,000 grant from the Washington State Arts Commission. This is a matching grant for the Creative District budget of $10,000. This fund is intended to cover expenses associated with Creative District brand and logo development, land survey work for the Fourth Avenue Cultural Corridor continuing concept design development, and other expenses related to the Creative District roll -out. This grant of $5,000 must be added into the Economic Development Department professional services budget. Department: Community Services/Economic Development Fund 001 GENERAL Division: Economic Development Title: Creative District Grant Name: Preparer: Cindi Cruz Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100% Self Funded One -Time Operating Account Number Description 2019 2020 2021 2022 2023 001.000.61.558.70.41.00 Professional Services $ 5,000 $ - $ - $ - $ - Total Expenditure Increase (Decrease) $ 5,000 $ Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.334.05.800.00 Creative District Grant $ 5,000 $ - $ - $ - $ - Total Revenue Increase Decrease $ 5,000 $ - $ - $ - $ - Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Ending Fund Balance Increase (Decrease) $ - $ - $ - $ - $ - Packet Pg. 307 9.2.c New Items for Council to Consider (October 2019) Budget Amendment for: Third Quarter Item Description: The need for outside consultant plan review of building permits has exceeded the approved budget of $138,252 due to increases in permitting activity. This need is a combination of a) complex projects requiring additional expertise in structural review and b) the inability of staff to keep up with the overall workload, in part due to staffing shortage (vacancies). The requested increase in funding will be more than offset by increased permit revenues and reduced staff salary costs. This budget amendment is in addition to a similar approved amendment from first quarter 2019. Department: Development Services Fund 001 GENERAL Division: Building Title: Consultant Plan Review Name: Preparer: Leif Bjorback Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100% Self Funded One -Time Operating Account Number Description 2019 2020 2021 2022 2023 001.000.62.524.20.41.00 Professional Services $ 35,000 $ - $ - $ - $ - Total Expenditure Increase (Decrease) $ 35,000 $ - $ - $ - S - Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.345.83.000.00 Permit Revenue $ 35,000 $ - $ - $ - $ - Total Revenue Increase (Decrease) $ 35,000 $ Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Ending Fund Balance Increase (Decrease) $ - $ - $ - $ - $ - Packet Pg. 308 9.2.c New Items for Council to Consider (October 2019) Budget Amendment for: Third Quarter Item Description: This decision package is a service expansion to our existing GovQA Online Records Request System agreement, which would add the Edmonds Municipal Court to the system. Department: Mayor's Office Fund Name: 001 GENERAL Division: City Clerk's Office Title: Public Records Request Software Expansion Preparer: Scott Passey, City Clerk Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100% Ending Fund Balance On -Going Operating Account Number Description 2019 2020 2021 2022 2023 001.000.25.514.30.41.00 Professional Services $ 4,000 $ 4,000 $ 4,000 $ 4,000 $ 4,000 Total Expenditure Increase (Decrease) $ 4,000 $ 4,000 $ 4,000 $ 4,000 $ 4,000 Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Revenue Increase (Decrease) $ - $ - $ Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.39.508.00.00.00 GF Ending Fund Balance $ 4,000) $ (4,000) $ (4,000) $ (4,000) $ (4,000) Total Ending Fund Balance Increase (Decrease) $ (4,000) $ (4,000) $ (4,000) $ (4,000) $ (4,000) Packet Pg. 309 9.2.c New Items for Council to Consider (October 2019) Budget Amendment for: Third Quarter Item Description: For several years Edmonds has paid for 1/2 of the salary/benefits of a Lynnwood PD sergeant assigned to the Snohomish Co. Regional Drug Task Force via interlocal agreement. Previously this had been paid from the Drug Asset Forfeiture Fund 104. Due to changes in federal regulations associated with asset forfeitures and distribution of funds, and changes in the philosophy of the current federal administration, those funds are no longer available. This amendment would fulfill our ILA commitment using fund balance. A decision package has been submitted in the 2020 budget to fund this item in subsequent Vears. Department: Police Fund 001 GENERAL Division: Support Services Title: Fund 50% of Narcotics Task Force Sergeant Name: Preparer: Caroline Thompson Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100% Ending Fund Balance On -Going Operating Account Number Description 2019 2020 2021 2022 2023 001.000.41.521.10.41.50 Admin. Intergov Services $ 81,278 $ 81,278 $ 82,904 $ 84,562 $ 86,253 Total Expenditure Increase (Decrease) $ 81,278 $ 81,278 $ 82,904 $ 84,562 $ 86,253 Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Revenue Increase (Decrease) $ - $ - $ Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.39.508.00.00.00 Ending Fund Balance $ 81,278) $ (81,278) $ (82,904) $ (84,562) $ (86,253) Total Ending Fund Balance Increase (Decrease) $ (81,278) $ (81,278) $ (82,904) $ (84,562) $ (86,253) Packet Pg. 310 9.2.c New Items for Council to Consider (October 2019) Budget Amendment for: Third Quarter Item Description: In 2019 the Edmonds Police Foundation agreed to fund the following purchases for the Police Department: a K-9 training bite suit, and recruiting materials to increase the department's profile at hiring events. Department: Police Fund Name: 001 GENERAL Division: Field Services and Support Services Title: Equipment Reimbursements Preparer: Caroline Thompson Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100% Self Funded One -Time Operating Account Number Description 2019 2020 2021 2022 2023 001.000.41.521.26.35.00 K-9 Small Equipment $ 1,440 $ - $ - $ - $ - 001.000.41.521.40.41.40 Training - Advertising 495 - - - - Total Expenditure Increase (Decrease) $ 1,935 Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.367.00.400.00 Police Contributions -Private $ 1,935 $ - $ - $ - $ - Total Revenue Increase Decrease $ 1,935 $ - $ - $ - $ - Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Ending Fund Balance Increase (Decrease) $ - $ - $ - $ - $ - Packet Pg. 311 9.2.c New Items for Council to Consider (October 2019) Budget Amendment for: Third Quarter Item Description: This amendment covers adjustments to reimbursable overtime for unanticipated and unbudgeted revenue from the following: DNDO Rad/Nuc Detection exercises reimbursed by Seattle Fire Department, and a pedestrian safety grant reimbursed by the WA Traffic Safety Commission. Department: Police Fund 001 GENERAL Division: Field Services Title: Police Reimbursable Overtime Name: Preparer: Caroline Thompson Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100% Self Funded One -Time Operating Account Number Description 2019 2020 2021 2022 2023 001.000.41.521.22.12.10 Patrol -Reimbursable OT $ 5,864 $ - $ - $ - $ - 001.000.41.521.22.23.00 Patrol -Benefits 892 - - - - 001.000.41.521.71.12.10 Traffic -Reimbursable OT 2,248 - - - - 001.000.41.521.71.23.00 Traffic -Benefits 346 - - - - Total Expenditure Increase (Decrease) $ 9,350 $ Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.333.97.056.00 Dockside Drills Grant $ 4,137 $ - $ - $ - $ - 001.000.334.03.500.00 WA St Traffic Comm. Grant 2,594 - - - - 001.000.342.10.000.00 Police Serv. Special Events 2,619 - - - - Total Revenue Increase Decrease $ 9,350 $ - $ - I $ - I $ - Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Ending Fund Balance Increase (Decrease) $ - $ - $ - $ - $ - Packet Pg. 312 9.2.c New Items for Council to Consider (October 2019) Budget Amendment for: Third Quarter Item Description: Following active shooter events at public festivals and venues in the U.S., the City and the Edmonds Chamber elected to provide additional security at the Taste of Edmonds. As no Edmonds PD officers were available after the regular Taste security needs were filled, additional officers were solicited from surrounding cities. Mill Creek, Mountlake Terrace and Lynnwood provided officers at a cost of $7,552. The City and the Chamber agreed to split the cost of the additional security 50/50. Department: Police Fund 19 001 GENERAL Division: Field Services Title: Taste of Edmonds Additional Security Name: Preparers 1 Caroline Thompson Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider Partially Funded One -Time Operating Account Number Description 2019 2020 2021 2022 2023 001.000.41.521.10.41.50 Admin. Intergov Services $ 7,552 $ - $ - $ - $ - Total Expenditure Increase (Decrease) $ 7,552 $ Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.342.10.000.00 Police Serv. Special Events $ 3,776 $ - $ - $ - $ - Total Revenue Increase Decrease $ 3,776 $ - $ - $ - $ - Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.39.508.00.00.00 General Fund -Fund Balance $ 3,776) $ - $ - $ - $ - Total Ending Fund Balance Increase (Decrease) $ (3,776) $ - $ - $ - $ - Packet Pg. 313 9.2.c New Items for Council to Consider (October 2019) Budget Amendment for: Third Quarter Item Description: This fund was established to collect assessments levied against properties for payment of principal and interest for special assessment bond issues. At the beginning of the year the City had $32,387 in assessments receivable. The City has collected all of the receivables except two. One is for $196.91 which we would like to write off. The other is for a homeowner who owes $1,750 and has declared bankruptcy but has agreed to make payments on their balance until it is fully paid. This amendment is to add expenditure authority to enable us to transfer the remaining money out of fund 211 into the Contingency Fund and close out Fund 211. Remaining receipts will be receipted into the General Fund. Department: Administrative Services Fund Name: 012 CONTINGENCY RESERVE Division: Finance Title: Interfund Transfer - Close 211 Prenarer: Dave Turlev Budget Amendment Type New Item For Council To Consider Date of Discussion or Budget Approval? lOct 8 2019 How is this amendment funded? I 100% Ending Fund Balance What is the nature of the expenditure? One -Time Is the Expenditure Operating or Capital? 10perating Expenditure Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 211.000.31.597.19.55.12 Transfer - Close Fund 211 $ 23,487 Total Expenditure Increase (Decrease) $ 23,487 $ - $ S - $ Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 012.000.397.19.200.00 Transfer - Close Fund 211 $ 35,887 $ 211.000.359.00.000.00 Penalties Special Assessmeni 3,500 211.000.361.40.000.00 Interest Special Assessment $ 3,800 211.000.368.10.000.00 Assessment Principal $ 16,187 Total Revenue Increase (Decrease) $ 59,374 $ - $ $ S Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 012.000.39.508.00.00.00 Ending Fund Balance $ 35,887 $ - $ 211.000.31.508.00.00.00 Ending Fund Balance - - - Total Ending Fund Balance Increase (Decrease) $ 35,887 $ - $ $ - $ Packet Pg. 314 New Items for Council to Consider (October 2019) 9.2.c Budget Amendment for: Third Quarter Item Description This decision package covers increases and new maintenance on previously purchased software/systems. The increases are a result of one or more of the following factors: vendor annual increases, an increase in number of end user licenses, and/or the expiration of intial maintenance covered with system acquisition. Department: Administrative Services Division: Information Technology Fund 512 TECHNOLOGY Title: Software Price and Maintenance Increase Name: RENTAL FUND Prevarer: Brian Tulev Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) New Item For Council To Consider 100% Ending Fund Balance On -Going Operating Account Number Description 2019 2020 2021 2022 2023 512.000.31.518.88.48.00 Helpdesk Annual Increase and Devices $ 1,790 $ 1,790 $ 1,790 $ 1,790 $ 1,790 512.000.31.518.88.48.00 Backup Software Renewal 7,100 7,100 7,100 7,100 7,100 512.000.31.518.88.48.00 LaserFiche Add Licenses 3,950 3,950 3,950 3,950 3,950 512.000.31.518.88.48.00 Vulnerabilty Scanner 2,420 2,420 2,420 2,420 2,420 512.000.31.518.88.48.00 Video Recording Software 500 1 500 1 500 1 500 1 500 512.000.31.518.88.48.00 PermitTraks Continuance 2,500 1 2,500 1 2,500 1 2,500 1 2,500 Total Expenditure Increase Decrease $ 18,260 1 $ 18,260 1 $ 18,260 1 $ 18,260 1 $ 18,260 Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Revenue Increase Decrease $ - $ Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 512.000.31.508.00.00.00 EndingFund Balance $ 18,260 $ 18,260 $ 18,260 $ 18,260 $ 18,260 Total EndingFund Balance Increase Decrease $ 18,260 $ 18,260 $ 18,260 $ 18,260 $ 18,260 10 Packet Pg. 315 9.2.c Previously Discussed by Council (October 2019) Budget Amendment for: Third Quarter Item Description: Windward will conduct an Open House for their Edmonds Marsh Study for public to attend and discuss the Marsh project. Department: Administrative Services Fund Name: 001 GENERAL Division: Finance Title: Open House - Edmonds Marsh Study Preparer: Scott James Budget Amendment Type Date of Discussion or Budget Approval? How is this amendment funded? What is the nature of the expenditure? Is the Expenditure Operating or Capital? Expenditure Increase (Decrease) Previously Discussed By Council Sep 10 2019 100% Ending Fund Balance One -Time Operating Account Number Description 2019 2020 2021 2022 2023 001.000.11.511.60.41.00 Professional Services $ 1,515 $ - $ - $ - $ - Total Expenditure Increase (Decrease) $ 1,515 $ - $ - $ Revenue Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 Total Revenue Increase (Decrease) $ - $ - $ - $ - $ - Ending Fund Balance Increase (Decrease) Account Number Description 2019 2020 2021 2022 2023 001.000.39.508.00.00.00 Ending Fund Balance $ (1,515) Total Ending Fund Balance Increase (Decrease) $ (1,515) 11 Packet Pg. 316 9.3 City Council Agenda Item Meeting Date: 10/15/2019 Resolution in Opposition to 1-976 Staff Lead: Patrick Doherty Department: Community Services Preparer: Patrick Doherty Background/History Initiative 976 has been certified for inclusion on the November 5, 2019 general election ballot. 1-976 would repeal the vehicle licensing fees that fund municipal road resurfacing and street maintenance programs, state freight mobility projects, Amtrak Cascades funding, voter -approved Sound Transit 3 light rail and express bus funding. Staff Recommendation Approve Resolution. Narrative The attached Resolution declares the Mayor and Council's opposition to Initiative 976 as it would cause undue financial hardship on the City's ability to maintain our roads and streets, would unduly harm regional transit projects, and would otherwise cause harm to the development and maintenance of the City's transportation infrastructure, thereby jeopardizing economic growth and quality of life in Edmonds and throughout the region. Attachments: Initiative 976 Resolution Packet Pg. 317 9.3.a RESOLUTION NO. A RESOLUTION DECLARING MAYOR AND CITY COUNCIL OPPOSITION TO INITIATIVE 976 ON THE NOVEMBER 5, 2019 GENERAL ELECTION BALLOT. WHEREAS, Initiative 976 has been certified for placement on the November 5, 2019 general election ballot; and WHEREAS, the intent of Initiative 976 is repeal vehicle licensing fees that fund municipal road resurfacing and street maintenance programs, state freight mobility projects, Amtrak Cascades funding, voter -approved Sound Transit 3 light rail and express bus funding; and WHEREAS, the City of Edmonds strives to maintain and continuously improve its transportation infrastructure for the benefit of its residents, visitors and employers; and WHEREAS, the City has long been committed to keeping its streets in top condition through a robust street overlay program; and WHEREAS, the City Council and Mayor recognize that Initiative 976 would have extremely negative impacts on City, County and State transportation infrastructure, including the loss of up to $700,000 for Edmonds' street overlay budget on an annual basis; and WHEREAS, passage of I-976 would result in a nearly $2 billion loss of six years in State transportation funding for highways, the Washington State Patrol and other critical investments, impacting Snohomish County and every corner of the state; and WHEREAS, I-976 would strip more than $1.4 billion over six years from the State's Multimodal Account, from which the City of Edmonds has received approximately $58,000 a year for several years; and WHEREAS, Sound Transit would lose approximately $7 billion for Sound Transit 3 projects, putting in jeopardy the completion of light rail service to and within Snohomish County, Packet Pg. 318 9.3.a and most likely reversing the recent $1,850,000 grant to Edmonds for bicycle and access improvements; and WHEREAS, I-976 would jeopardize $100 million in biennial funding for State Regional Mobility Grants, which help fund sidewalks, bike infrastructure, Safe Routes to School projects and projects that benefit seniors and people with disabilities throughout the State, Snohomish County and Edmonds; and WHEREAS, Initiative 976 threatens good -paying jobs in construction and the building trades that allow thousands of workers to share in Washington's economic prosperity, NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EDMONDS: The Mayor and City Council declare their opposition to Initiative 976, which will be on the statewide general election ballot on November 5, 2019, as it would cause extreme harm to the development and maintenance of transportation infrastructure in the City and surrounding area, thereby jeopardizing economic growth and quality of life in Edmonds and throughout the region. RESOLVED this day of October, 2019, APPROVED: MAYOR, DAVID 0. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY Packet Pg. 319 9.4 City Council Agenda Item Meeting Date: 10/15/2019 Securitization Requirement for Edmonds Senior Center Grants from the State of Washington Staff Lead: Jeff Taraday, City Attorney Department: City Attorney's Office Preparer: Scott Passey Background/History The City Council studied the lease option and ground lease with the Edmonds Senior Center on November 20, 2019 (minutes attached) and approved the lease option and ground lease on November 27, 2019 (minutes attached). The new ground lease has since been fully executed by the parties and took effect on April 15, 2019. The City Council was introduced to the securitization issue on October 1, 2019. This memo is largely the same as the memo in the October 1, 2019 council packet except for the Staff Recommendation and the last three paragraphs at the bottom of the memo. Staff Recommendation That the City Council further its previous actions in facilitating the Senior Center's new building by allowing the Senior Center to satisfy the Department of Commerce's securitization requirements. Toward that end, the City Council could adopt the following motion: "I move that the City Council allow the Senior Center to satisfy the Department of Commerce's securitization requirements by: 1. Executing a leasehold promissory note that is substantially in the form shown in Exhibit A hereto, and 2. Executing a leasehold deed of trust that is substantially in the form shown in Exhibit B hereto; PROVIDED THAT nonsubstantial changes to the forms in Exhibits A or B may be approved by the Mayor and City Attorney." Narrative In the 2018 supplemental capital budget, the Legislature made appropriations totaling $4,000,000 in grant funding to the Edmonds Senior Center. Chapter 2, Laws of 2018 (SSB 6090) appropriated $2,250,000 in Section 1015. Chapter 298, Laws of 2018 (ESSB 6095) appropriated $500,000 in Section 1012 and $1,250,000 in Section 1016. These appropriations were made subject to RCW 43.63A.125(6), which states as follows: In contracts for grants authorized under this section the department shall include provisions which require that capital improvements shall be held by the grantee for a specified period of time appropriate to the amount of the grant and that facilities shall be used for the express purpose of the grant. If the grantee is found to be out of compliance with provisions of the contract, the grantee shall repay to the state general fund the principal amount of the grant plus Packet Pg. 320 9.4 interest calculated at the rate of interest on state of Washington general obligation bonds issued most closely to the date of authorization of the grant. RCW 43.63A.125(6). Hence, due to the above requirement, the Department of Commerce will require the Edmonds Senior Center to execute certain documents as a prerequisite to obtaining the appropriated grant funds: namely, a promissory note and leasehold deed of trust (collectively referred to as the "Securitization Documents"). These Securitization Documents are designed to ensure that the grant funds are used for their intended purposes and to avoid certain types of fraud from being perpetrated upon the state. We have attached the Department of Commerce's Competitive Grant Program Guidelines, which provide additional information regarding prerequisites for the Edmonds Senior Center to receive its funds. Note that Step 2 in these guidelines states: "Grantees must provide Commerce with a deed of trust or leasehold deed of trust as security for the grant for projects performed by nonprofits over $500,000 in state funds." In the case of the Edmonds Senior Center, because it does not own the property, it would only be able to provide a leasehold deed of trust. This issue is being brought before the City Council because a leasehold deed of trust would be considered an encumbrance upon the property. Section 4.3 of the ground lease between the City and the Senior Center states that: "Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City." So, the City Council will need to take action, at a future meeting, to consent to the Senior Center's execution of the leasehold deed of trust. The following definitions may be helpful to the City Council in considering this matter: Deed of trust - a three -party transaction or instrument in which land is conveyed by a borrower (the grantor of the deed of trust), to a trustee, who holds title in trust for a lender (the beneficiary), as security for credit or a loan the lender has given the borrower. Leasehold - a tenant's or lessee's possessory estate in land or premises. Leasehold deed of trust - a deed of trust secured by a lessee's leasehold interest. The following are some questions and answers that might be of interest to the City Council: I thought the $4,000,000 from the state to the Senior Center was a grant. Why does this look more like a loan? Notwithstanding the use of a leasehold deed of trust as security, the state still does consider this a grant. As long as the Senior Center uses the funds as they are intended to be used and does so for the required period of time, the funds will not need to be repaid in the way that a loan would. The promissory note template provided by the Department of Commerce contains the following language: "Grantor has no expectation of repayment of the Award so long as the award funds are used according to the conditions set out in the Contract. If the Award is not used as required by the Contract for a period of ten (10) years as required in the Contract, Grantor shall be entitled to the unpaid principal balance of this Note with interest at a rate of 5%, compounded annually." Would the Department of Commerce be able to foreclose on the leasehold deed of trust in the unlikely event that the Edmonds Senior Center were to violate the conditions of the grant? Yes. Has the Department of Commerce ever foreclosed on a leasehold deed of trust that secured one of its grants? In our conversation with Rebecca Spencer of the Department of Commerce, we were told that Commerce has never had to foreclose on a leasehold deed of trust and that it would be unlikely to do so. Rather, in the event of a default or breach of the grant agreement, Commerce would anticipate entering into a collaborative process with the Senior Center to see what could be done to fulfill the Packet Pg. 321 9.4 purposes of the grant. Could the City of Edmonds lose its ownership in property if the Department of Commerce were to foreclose on the leasehold deed of trust? No. Because this transaction involves a leasehold deed of trust, not a regular deed of trust, it is only the Senior Center's leasehold interest in the property that would be pledged as security, not the City's ownership interest. Would a foreclosure of the leasehold deed of trust change the terms of the ground lease? No. While, hypothetically, foreclosure could change the identity of the ground tenant, any successor tenant would still be subject to all of the terms of the ground lease, including but not limited to the use limitations in Section 1.2 that the property be used "for the purpose of constructing, maintaining, and operating a non-profit community resource center to be known as the "Edmonds Waterfront Center" serving the needs of the local population, in particular, poor, infirm and otherwise vulnerable seniors and other members of the community." Would the leasehold deed of trust be recorded against the title? Yes. Is the proposed leasehold deed of trust in its final form? No. The Department of Commerce provided the Senior Center with templates to begin the drafting process. The City Attorney has proposed some revisions to the template. The City Attorney's office is still working with the Senior Center and the Department of Commerce to finalize the leasehold deed of trust and promissory note forms. We will alert the City Council to any material changes to the forms that might occur after the date that this packet was published. ADDITIONAL LANGUAGE ADDED SINCE OCTOBER 1sT: As of October 10, 2019, when this memo was finalized, staff at the Department of Commerce had not yet been able to provide feedback on the proposed leasehold promissory note and leasehold deed of trust forms, despite multiple requests. While the Senior Center does not anticipate the need to make major substantive changes to these forms to obtain the grant funds, it is possible that minor nonsubstantive changes would need to be made. In order to expedite the Senior Center's funding, the City Council could authorize the Mayor and City Attorney to determine whether any minor nonsubstantive changes are acceptable. No proposed changes would be approved under these circumstances if the changes would expose the City's fee interest - and not merely the Senior Center's leasehold interest - to possible foreclosure. A change of that magnitude would certainly require that the matter be brought back to the City Council for consideration. But we do not anticipate that Commerce would ask for such a change in any case. Alternatively, the City Council could require that any changes, whether substantive or nonsubstantive, to the forms be brought back to the City Council for approval. But this approach would probably create some additional delay for the Senior Center to obtain its funds, however modest. Attachments: 2018-11-20 City Council minutes 2018-11-27 City Council minutes Edmonds Senior Center Ground Lease Securitization Letter to City 09 26 2019 Packet Pg. 322 9.4 17_19 Competitive Capital Guidelines FINAL[3] 2019-09-25 Deed of Trust - Leasehold - Comm Cap Facilities Promissory Note (Leasehold DOT) - BLANK SAMPLE Packet Pg. 323 9.4.a EDMONDS CITY COUNCIL APPROVED MINUTES November 20, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Dave Turley, Assistant Finance Director Kernen Lien, Environmental Program Mgr. Rob English, City Engineer Jeff Taraday, City Attorney Nicholas Falk, Deputy City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5ch Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL Deputy City Clerk Nicholas Falk called the roll. All elected officials were present. 3. APPROVAL OF AGENDA COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER FRALEY— MONILLAS, TO APPROVE THE AGENDA IN CONTENT AND ORDER. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER TEITZEL MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: APPROVAL OF COUNCIL MEETING MINUTES OF NOVEMBER 13, 2018 APPROVAL OF CLAIM CHECKS, WIRE PAYMENT AND PAYROLL CHECKS 3. ACKNOWLEDGE RECEIPT OF CLAIMS FOR AN UNDETERMINED AMOUNT 5. AUDIENCE COMMENTS Edmonds City Council Approved Minutes November 20, 2018 Page 1 Packet Pg. 324 9.4.a Rebecca Anderson, Edmonds, recalled last week she and three other Edmonds residents spoke and submitted a proposed revised plan for the Housing Strategy adoption process along with a problem list. They were hopeful it would provide direction to begin more detailed, open and collaborative process for drafting'and adopting this critical policy direction. This is a passionate topic among residents because it affects everyone. Neighboring cities have huge development projects underway that will impact Edmonds residents' quality of life. She was encouraged last week when Councilmembers weighed in on the strategy; they clearly they care about Edmonds. While she did not appreciate the verbal attacks and not taking personal responsibility for how the process reached this point, many suggestions and opinions were voiced, including removing it from the Comprehensive Plan and waiting for things to calm down before trying to create another Housing Strategy. While this may seem a good solution in the short term, it will not solve what is currently happening in the City. Construction has not stopped while the Housing Strategy is being created; permits are still being issued, short platting continues, high density zero lot line projects are being constructed. Without a vision for the City in addition to the Housing Strategy framework, Edmonds will end up looking like it has been thrown together. She spoke in favor of a well -thought-out strategy with a better process that includes public input so the housing needs of Edmonds can be address together. She encouraged the Council to do the hard work and not to give up. Ferrell Fleming, Executive Director, Edmonds Senior Center, complimented City staff particularly Parks & Recreation Director Carrie Hite and City Attorney Jeff Taraday on the work they did to reach this point. Mr. He also complimented the City's Finance Committee, Councilmembers Teitzel and Buckshnis, for their diligent work during the process. Two recent meetings have been held with key staff involved in the permitting process and he appreciated their wholehearted commitment to enable the center to remain on schedule. The Edmonds Waterfront Center will be the culmination of the 50-year partnership between the City and the Senior Center. A hallmark of the partnership has been that both parties continue to keep the big picture in mind: creating and maintaining an innovative senior center for the many older citizens of Edmonds and the region, making a waterfront facility available for community use, and creating a waterfront regional park with convenient beach access and parking. The partnership has been effective because the strengths of the municipal corporation and the 501(c)(3) non-profit corporation have has been allowed to take center stage when appropriate. All the county senior centers and many cities respect and even envy the partnership that has accomplished so much. In the 1960s and 1970s, the partnership enabled the City to acquire the property and upgrade it to its present configuration. More recently, the City had $10M in its Capital Improvement Plan for many years to replace the Senior Center; that item has been removed. The City recognized in its 2013 Strategic Action Plan that the Senior Center would be much better at raising the money to build the Waterfront Center and recognized the desperate need for a new building and to move quickly. The Senior Center looks forward to strengthening and enhancing the partnership with the City for the benefit of everyone and believes the proposed amendments to the ground lease are a step- in that direction. 6. PUBLIC HEARINGS PUBLIC HEARING OF THE PROPOSED 2019-2024 CAPITAL FACILITIES PLAN/CAPITAL IMPROVEMENT PROGRAM City Engineer Rob English reviewed: Transportation Capital program ■ DP 97 — 1,500,000: 2019 Pavement Preservation Program o Overlay 3.7 lane miles 0 20 curb ramp upgrades o $900,000 REET 125/126 o $500,000 General Fund o $100,000 Street Fund 112 Edmonds City Council Approved Minutes Q November 20, 2018 Page 2 Packet Pg. 325 9.4.a Impacts to Fund 125 Ending Cash $250,000 Councilmember Fraley-Monillas requested Mr. James email the presentation to Council. Council President Nelson explained ten of the proposed amendments are about a hiring freeze. The City has been hiring over the years and with indications of a an economic slowdown ahead, he was trying to put on the brakes. Except for public safety, he recommended delaying hiring of employees and ten of the amendments reflect that. With regard to the downtown parking study, he wanted to reduce the cost, finding $75,000 too high. Similarly, he found $35,000 too much for the gateway sign. He was happy to hear an ADA accessible playground was planned for Civic Park; he has heard some children are not able to access some of the assessible equipment on existing playgrounds. Councilmember Mesaros commented the duplicate amendment to remove the National Citizen Survey would reduce the impact to the General Fund Ending Cash from Council amendments to $376,759. Councilmember Buckshnis invited any citizen interested in the rationale for her amendments to contact her. She inquired about the amendment she submitted to reduce DP 111, Waterfront Connector, by $ 1 M and add a new decision package for $ 1 M for Edmonds Marsh restoration. Mr. James explained when the grant application was submitted to the State, it was for the Waterfront Connector, and it was not easily transferable to the marsh. Councilmember Buckshnis suggested $1M come from the General Fund for the Edmonds Marsh restoration because she anticipated some action next year and she wanted to illustrate her priority to get it done. Councilmember Teitzel withdrew Item 16, reducing the City's SnoCo Health District Contribution to $1, in view of Councilmember Fraley-Monillas' amendment to reduce the contribution to $0.50. He referred to the list of Staff Recommended Budget Changes, Item 8, Move $250,000 Transitional Housing Budget to REET Fund 125, advising there is a research effort underway to identify homelessness issues in Edmonds and this was the $250,000 the Council set aside to address that. He was unsure Council was comfortable with moving those funds to Fund 125 until the research has been completed, public comment has been provided, etc. Mr. James said the proposed budget book had $250,000 coming out of the homelessness fund that was allocated in the 2018 budget, which was an error. This item backs that expense out and moves it into the REET fund. Mayor Earling declared a brief recess. Mayor Earling said staff will prepare a response outlining how the amendments impact their budgets STUDY ITEMS (con't) 1. SENIOR CENTER LEASE AMENDMENT PROPOSAL Parks & Recreation Director Carrie Hite advised the packet contains the current lease and the option to lease and a redline version of the proposed changes as well as several other documents. She reviewed: • History o Current arrangement 1. Operational support: $75,000/year 2. No fee lease for current building 3. City maintains grounds and parking lot 4. Senior Center maintains daily needs 5. City helps with capital needs o January 2105: City entered into an option for a 40-year ground lease with Senior Center. ■ Terms include: Edmonds City Council Approved Minutes Q November 20, 2018 Page 15 Packet Pg. 326 9.4.a 1. Senior Center right to demolish building and build new 2. Senior Center would pay for complete cost of new building 3. Senior Center would pay 50% cost to construct parking lot, and maintain parking lot 4. City would use from 4-10 PM Monday -Thursday, and other mutually agreeable times 5. Term for 40 years with renewal option for 15 more Senior Center Proposal o Updates financial goal to exercise option to 75% of total cost o Parking Lot and Street Frontage Improvements, for design, construction and maintenance become 100% responsibility of the City o Adds Easements for parking lot and utilities o New legal description defines the footprint of the building o Adds language to section 4.1.1 to allow City Council to approve demolition and construction based on financial viability o Adds some minor cleanup language • Waterfront Center schematic • Waterfront Park Redevelopment o Remove creosote pier and reintroduce beach habitat o Reconnect promenade and walkway to provide continuous walkway o Reconfigure parking lot to add storm treatment, bioswales and rain gardens (water is currently not treated) • Drawing of footprint of Waterfront Center building on property • Drawing of full project including Ebbtide walkway in second phase ■ Full project cost Component Costs Design Waterfront Park $248,987 Design Parkin Lot $116,040 Design Street Frontage $106,131 Design Ebbtide $203,510 Construction Park $2,129,118 Construction Parkin Lot $1,354,013 Construction Street Frontage $291,554 Construction Ebbtide Walkway $1,371,033 Permitting, Eng., Environmental $325,000 Total $6,145,3 86 • Parking Lot and Frontage Improvements Cost 50% Senior Center Parking Lot des' $116,040 $58,020 Parking Lot Construction $1,354,013 $677,006 Fronta a Im rovements Desi n $106,131 $53,054 Frontage construction $291,554 1 $1455777 Total $1,867,736 1 $933,868 • Senior Center Due diligence o Building Replacement Feasibility Study o Campaign Feasibility Study o Waterfront Center Campaign Update o Waterfront Center Operational Pro Forma Councilmember Johnson referred to the full project cost. Ms. Hite advised that cost includes approximately $1.5M for the Ebbtide walkway; design of that project is on hold pending litigation. Councilmember Edmonds City Council Approved Minutes Q November 20, 2018 Page 16 Packet Pg. 327 9.4.a Johnson asked the value of the land the City owns. Ms. Hite said because park/city property is exempt, the assessor does not update the value. She estimated an acre of waterfront property was valued at $8410M. Councilmember Johnson pointed out while there has been discussion of a $12M project, considering the City's land contribution and park improvements, the City is actually contributing more than the Senior Center. Councilmember Johnson recalled the original contract addressed maintenance and asked if the new contract addressed maintenance of the parking lot. Ms. Hite explained maintenance of the parking lot would be the City's responsibility in the new proposed lease. Councilmember Johnson asked the City's total responsibility in the new lease. Ms. Hite answered maintenance would be very low in the beginning for a new facility; after 5-6 winters, she anticipated potholes, cracking, and repaving of portions of the parking lot and replacement of the entire lot in 12-14 years. Once the rain gardens and bioswales are established, they require minimal maintenance. Councilmember Teitzel commented there is nothing in the proforma about debt service or operating reserve other than an indication of TBD. Those numbers are needed before a final decision is made. The financing package focuses on design and construction of the Waterfront Center and does not address ongoing operational cost. If funding was not sufficient to cover ongoing operational cost, he asked if it was anticipated the Senior Center would borrow from the City to cover those costs. That has occurred with the ECA and the intent was to avoid a similar situation with the Senior Center. Ms. Hite answered non -profits' ability to be versatile is much greater than a city's versatility. Nonprofits are used to operating on a shoestring and creating efficiencies. She did not expect the Senior Center would ask the City for operational funds. They will have a beautiful facility, will be able to generate revenue from rentals and will be on more solid footing than the current building. Councilmember Teitzel referred to places in the Ground Lease where Senior Center and Waterfront Center are used interchangeably. For example, in Section 3.1, "The parties mutually agree and acknowledge that the Senior Center's operation of the Senior Center upon the Property effectuates a fundamental government purpose and..." pointing out the second "Senior Center" should be "Waterfront Center. Mr. Taraday said where the language refers to the non-profit entity, the phrase "Senior Center" should be used and where the language refers to the building, the phrase "Waterfront Center" should be used. He identified several places where a change should be made and offered to make those changes in the document. Councilmember Buckshnis recalled during a Finance Committee discussion with the Senior Center, the committee requested an update to the feasibility study; however, an updated feasibility study was not included in the packet. The feasibility study dated April 2016 states the Senior Center receives $60,000/year from the City when in fact the City provides $75,000/year, and the maximum cost of the building is $10- 12M and that cost is now $16M. The committee also requested an updated proforma that replaced TBD with numbers, as well as addressed questions about rental income and wages. If the Council decides to fully fund the parking lot, Councilmember Fraley-Monillas asked the source of the funds. Ms. Hite answered likely from the BEET balances; there is currently $800,000 in one and $600,000 in the other. She recommended leaving at least $400,000-500,000 in each. With the $250,000 already included in the budget, an additional $683,000 is needed. Councilmember Mesaros asked if the full project cost of $6.1M included the additional amount proposed in the new lease of $933,000. Ms. Hite answered it included the full cost of the parking lot and frontage improvements. Councilmember Johnson suggested obtaining a report from permitting staff regarding the project timeline due to the fish window, etc. Ms. Hite said land use permits have been submitted for the waterfront Edmonds City Council Approved Minutes Q November 20, 2018 Page 17 Packet Pg. 328 9.4.a redevelopment project and the building and are being reviewed. A joint permit has been submitted to the State's joint aquatic agency for the Waterfront Center, Ebbtide walkway and the park redevelopment. The review has been completed by two of the agencies and the National Marine Services Center will be writing a biological evaluation. She expected more mitigation will be required for the overwater walkway. Once that process is complete, it will go to the Architectural Design Board and the Hearing Examiner if necessary in March/April. She anticipated both projects, the park redevelopment and Waterfront Center, will submit building permits in mid -December and hopefully break ground on both projects mid -April to early May. The fish window for in -water work for the waterfront restoration project (remove the creosote pier and reintroduce beach habitat) is mid -July to mid -October. Councilmember Buckshnis relayed the balance in Park Impact Fees is $3,309,494 and asked if those funds could be used for this project. Ms. Hite answered some are being used for the City's portion. Park Impact Fees are programed through Fund 332 in the CIP, some for this project and some in the out years for Civic. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCIL PRESIDENT NELSON, TO APPROVE THE OPTION AND LEASE AND FUND THE $933,868 FOR PARKING LOT AND FRONTAGE IMPROVEMENTS. Councilmember Johnson pointed out this was on the agenda as a study item and she preferred a decision be made at the next meeting. Ms. Hite suggested bringing back the agreement with the language changes Councilmember Teitzel requested, numbers in the proforma, updated feasibility study, include the funding in the budget and schedule approval on consent. Councilmembers Buckshnis, Teitzel, and Fraley-Monillas were agreeable with scheduling approval on the Consent Agenda. Council President Nelson said he was amenable to voting tonight or wait until next week. COUNCILMEMBER FRALEY-MONILLAS WITHDREW THE MOTION WITH THE AGREEMENT OF THE SECOND. Ms. Hite clarified Council direction was to fund the full amount and schedule approval on the Consent Agenda. COUNCILMEMBER FRALEY-MONILLAS MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO EXTEND THE MEETING TO 10:15 P.M. MOTION CARRIED UNANIMOUSLY. Councilmember Buckshnis suggested moving Agenda Items 4 and 5 before Item 2. 4. PRESENTATION OF SUPPLEMENTAL AGREEMENT WITH MURRAYSMITH FOR THE FIVE CORNERS RESERVOIR RECOATING PROJECT City Engineer Rob English explained additional work has been encountered which requires additional services from MurraySmith. The proposed fee is $59,810 and includes $6,000 in management reserve. Tasks include additional submittal reviews, request for information and clarification, change order support, on -site inspections, structural engineering support, corrosion repairs and additional project management. Staff recommends approve on the Consent Agenda. The additional services will be paid from the Water Utility Fund. It was the consensus of Council to forward this item to the Consent Agenda. 5. DRAINAGE EASEMENT AT 1015 BELL STREET Edmonds City Council Approved Minutes Q November 20, 2018 Page 18 Packet Pg. 329 9.4.a 12. ADJOURN With no further business, the Council meeting was adjourned at 10:30 p.m. DA ID O. EARLING, MAYOR KSSEIF, CITf RK Edmonds City Council Approved Minutes Q November 20, 2018 Page 24 Packet Pg. 330 9.4.b EDMONDS CITY COUNCIL APPROVED MINUTES November 27, 2018 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Michael Nelson, Council President Kristiana Johnson, Councilmember Thomas Mesaros, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Al Compaan, Police Chief Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Patrick Doherty, Econ. Dev & Comm. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Mary Ann Hardie, HR Director Dave Turley, Assistant Finance Director Jeff Taraday, City Attorney Scott Passey, City Clerk Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7:00 p.m. by Mayor Earling in the Council Chambers, 250 5'h Avenue North, Edmonds. The meeting was opened with the flag salute. 2. ROLL CALL City Clerk Scott Passey called the roll. All elected officials were present. 3. APPROVAL OF AGENDA Mayor Earling advised Item 5, Snohomish Health District Presentation, was removed from the agenda as the presenter was not available. CDUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY CDUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS Councilmember Johnson requested Item 4.4 be removed from the Consent Agenda. CDUNCILMEMBER JOHNSON MOVED, SECONDED BY CDUNCILMEMBER FRALEY- MONILLAS TO APPROVE THE REMAINDER OF THE CONSENT AGENDA. MOTION CARRIED UNANIMOUSLY. The agenda items approved are as follows: 1. SEPTEMBER 2018 QUARTERLY FINANCIAL REPORT 2. APPROVAL OF CLAIM, PAYROLL AND BENEFIT CHECKS, DIRECT DEPOSIT AND WIRE PAYMENTS. Edmonds Cite Council Approved Minutes Q November 27, 2018 Page 1 Packet Pg. 331 9.4.b 3. ONE-YEAR RENEWAL OF THE LIGHTHOUSE, PLLC CONTRACT (LIGHTHOUSE) 5. AUTHORIZATION FOR MAYOR TO SIGN A SUPPLEMENTAL AGREEMENT WITH MURRAYSMITH FOR THE FIVE CORNERS RESERVOIR RECOATING PROJECT 6. DRAINAGE EASEMENT AT 1015 BELL STREET 5. ITEMS REMOVED FROM CONSENT 1. SENIOR CENTER LEASE AMENDMENT PROPOSAL (previously Consent Agenda Item 4.4) Councilmember Johnson recalled she had reservations when the ground lease was presented to City Council three years ago, primarily of an environmental nature and her concerns have not been completely satisfied. She was aware there were plans to build the building 12 inches about the flood area; however, with global warming, king tides and flooding, she was not convinced this was the best decision for the City with regard to the location of the senior center. She will not vote in favor of the lease amendment. In the event the breakwater was not sufficient or was damaged during construction, Councilmember Johnson was unclear who would be financially responsible, whether the cost would be shared 50/54 or if it would be 100% the City's responsibility. She pointed out there is inadequate parking in that area and there needs to be a plan for parking such as utilizing adjacent parking lots or a parking system for larger events. Councilmember Fraley-Monillas said she and other Councilmembers have received several comments from citizens regarding the Senior Center. She asked who would be responsible if the Senior Center defaults on the loan they are considering for the remainder of the building funds. She was told by the executive director that whoever loans them the money will be out the money, that the City will not be responsible to pay back the loans. For clarification, she explained the Senior Center will own the new building, but the City owns the land. City Attorney Jeff Taraday referred to Paragraph 4.3 in the proposed ground lease which addresses many related topics including the specific question Councilmember Fraley-Monillas raised with regard to loans. He read from the paragraph, "Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City." That sentence prevents the Senior Center from using the City's property or their building on the City's property as collateral for a loan. He used the example of a mortgage where the land secures the loan; the Senior Center cannot do that in this situation. Any loans the Senior Center gets would most likely be unsecured although he did not have information related to their financial plan and suggested those questions be directed to the Senior Center. Based on this sentence, he assumed most of their loans would be unsecured. To the extend there is a default on an unsecured loan, that is between the Senior Center and the lender and the City should not have any liability to make up any default. Councilmember Teitzel read From Section 4.3 of the Ground Lease, "Failure to remove the lien or furnish the cash or bond acceptable to the City within thirty (30) days shall constitute an Event of Default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Senior Center and Senior Center shall immediately reimburse the City for any sums so paid to remove any such lien." He inquired about the word "immediately" in this clause; immediately to him meant without delay and he asked if that could mean the same day. He said "immediately" was a term of art and he was troubled by a term of art in a legal document. Mr. Taraday did not agree it was a term of art; a general legal principle in interpreting legal documents is that unless there is a specific reason to interpret a word in a way that's different than its regular, plain dictionary meaning, the regular, plain dictionary definition is used. He did not see a reason to interpret "immediately" differently than it would be used in ordinary speech, Edmonds City Council Approved Minutes Q November 27, 2018 Page 2 Packet Pg. 332 9.4.b Mr. Taraday provided context for this sentence, noting if the Senior Center can't encumber the property, how could there be liens. Under state law, when a contractor or subcontractor works on property and doesn't get paid for the work, they are entitled to file a lien on the real property to ensure they will ultimately get paid. That is theoretically how these liens could arise. The Senior Center is not authorized to not pay its contractors and furthermore, it provides that the Senior Center would obtain a performance bond to ensure if they aren't able to pay their contactors, a third party would pay the contractors. He concluded the City was well protected in that regard. With regard to "immediately," Mr. Taraday explained if the lien was not removed immediately, Senior Center would be in default under the lease and the lease provides various different ways of correcting defaults, one of which, in the most extreme cases of default where there is no other viable remedy, the City could terminate the lease in which case all improvements located on the property would become the City's property. He did not anticipate that would ever be necessary given the protection provided by the performance bond. Councilmember Johnson recognized the seawall was outside the footprint of the build, but its sole intent was to protect the building. She asked if the lease agreement addressed responsibility for the seawall. Mr. Taraday said it does not directly address replacement of the seawall; the seawall is be outside the footprint that the Senior Center is leasing from City. Councilmember Johnson asked if the City would be responsible for maintaining or replacing the seawall even if its sole function was to protect building. Mr. Taraday said the seawall protects not just building but also the parking lot which provides parking for the building and City's adjacent park as well as protects the City's trail system located on the waterfront side of building. Parks & Recreation Director Carrie Hite said the seawall is currently the City's responsibility to maintain. If the seawall were damaged due to construction of building, which is not covered in lease, she believed it would be the Senior Center's responsibility. If there was any damage to the adjoining Ebbtide building, the sidewalk or sections of the parking lot that are planned to be reconstructed, it would the Senior Center's responsibility as part of the construction project. Mr. Taraday agreed. Councilmember Johnson commented the property is a former site of a sawmill, so what under the surface is unknow. Councilmember Buckshnis recalled in September the Finance Committee asked for an updated proforma that replaced TBD with numbers as well as an updated feasibility study the reflected the $16M estimated cost, but those have not been provided. She observed the Senior Center may borrow $1.5M. She asked if the City could loan money to the Senior Center, sim ilar to the loan to the Edmonds Public Facilities District, if the Center was unable to sustain its profitability. Mr. Taraday answered there was nothing preventing the City from choosing to lend money to the Senior Center, but there was also nothing that obligated the City to lend them money. The lease expressly contemplates the City Council will have a forthcoming opportunity to revisit their financial circumstances. Mr. Taraday referenced Section 4.1.1 of the proposed lease which states "Senior Center shall undertake no demolition, construction, remodeling, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City Council to withhold or deny. In applying its discretion, the City Council shall consider, among other factors deemed relevant by the City Council, the extent to which the Senior Center has secured sufficient capital and/or financing to complete the construction of the Building, the construction of other improvements to the Property, and related financial obligations (including having an adequate contingency fund for the contemplated Work )...11 Councilmember Buckshnis clarified the City could choose not to authorize the Senior Center to break ground if their financials are not sufficient to support the project. Mr. Taraday agreed, when the Senior Edmonds City Council Approved Minutes Q November 27, 2018 Pagc 3 Packet Pg. 333 9.4.b Center comes to the Council in a few months seeking that authority, the City Council will have another opportunity to review their financial status and the extent to which they have the capital secured and decide whether the Council is comfortable moving forward. Council President Nelson commented on the importance of continuing the long-term partnership for this vital community asset. COUNCIL PRESIDENT NELSON MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO APPROVE THE OPTION TO LEASE BETWEEN THE SENIOR CENTER AND THE CITY OF EDMONDS. MOTION CARRIED (6-1), COUNCILMEMBER JOHNSON VOTING NO. 6. PRESENTATIONS 1. SNOHOMISH HEALTH DISTRICT PRESENTATION This item was removed from the agenda. 7. AUDIENCE COMMENTS Dave Cooper, Edmonds, referred to the Housing Strategy Task Force, commenting he has been following this issue for a long time. He urged the Council to listen to the people who are opposed to Housing Strategy and have very deep concerns about it. In the meetings he has attended, 75-80% of the people are opposed; many others who do not have time to attend meetings are very concerned about the Housing Strategy. The original task force represented special interests and did not reflect the citizens of Edmonds which is the reason for the opposition. It would be more cost effective in the long run to involve the people who are opposed to the draft Housing Strategy, get their input and develop a strategy everyone can agree on instead of doing it multiple times. There has been talk of litigation if the Housing Strategy is passed. He supports the concept of more density in Edmonds, but his other concerns have been ignored. He was impressed with how hard the City Council works and suggested it may be time to move to a paid City Council because a Council paid for by the taxpayers would provide better representation and, as a taxpayer, he would be willing to pay for that. Jay Huag, Edmonds, said he first learned of the Housing Strategy Review agenda item yesterday. He and others understand the thinking behind it and many like the reset date of the 2020 but the way the Citizen Housing Commission is chosen is one of the biggest concerns as there does not appear to be an open application process and Councilmembers who vote one way will appoint accordingly. The current administration seems to be controlling a good portion of the process. Most citizens weren't fooled by the charade this summer and fall regarding the Housing Strategy and the trust factor is almost non-existent. Mayor Earling having two information meetings in the heart of the holiday season, December 3 and 13, makes it appear there is once again a rush to complete the Housing Strategy. He requested the City Council remove the Housing Strategy from of the Comprehensive Plan and develop a new plan with citizen input and transparency. He will trust in the process until he doesn't; government doesn't always get it wrong, such as with the Housing Strategy, and when enough citizens speak up, the Council needs to listen. Some of the ideas may be helpful in starting a new open and inclusive process in 2019 that will truly reflect what the residents of Edmonds want. Citizens do not want Edmonds to be another cookie -cutter town which the original strategy intended to do. He urged the Council to reach out to the citizens; hundreds have come to meetings, open houses, town halls, workshops, to speak honestly about what they want the Council to do. Rebecca Anderson, Edmunds, was encouraged by the efforts being made regarding the Housing Strategy process, specifically how to include more input and participation from residents which will result in a better outcome that will benefit residents of Edmonds. Rushing through another draft of the Housing Strategy would likely result in more skepticism from residents. She was encouraged to see some Councilmembers Edmonds City Council Approved Minutes a November 27, 2018 Page 4 Packet Pg. 334 9.4.b Councilmember Teitaei said speaking for all Cougars, we'll get `em next year. Councilmember Tibbott said he enjoyed watching the snowstorm in Puilman and was celebrating the Huskies' win. Councilmember Mesaros was pleased that 37 years ago today he married the love of his life. 14. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.1100)(i) This item was not needed. 15. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN This item was not needed. 16. ADJOURN With no further business, the Council meeting was adjourned at 10:47 p.m. r ID 0. EA LING, MAYOR PAS EY, CITY CLE Edmonds City Council Approved Minutes Q November 27, 2018 Pago 27 Packet Pg. 335 9.4.b a Packet Pg. 336 9.4.c GROUND LEASE BETWEEN THE CITY OF EDMONDS AND THE EDMONDS SENOR CENTER Packet Pg. 337 9.4.c TABLE OF CONTENTS LIST OF EXHIBITS......................................................................................................ii GROUNDLEASE.............................................---...................................._.............................. I SECTION 1. AGREEMENT TO LEASE PROPERTY......................................................... I SECTION2. TERM................................................................................................................2 SECTION3. RENT..................................................................................................................3 SECTION 4. SENIOR CENTER'S OTHER OBLIGATIONS ........................................... 3 SECTION 5. CITY AUTHORITYANDOgLIGATIONS...................................................... 6 SECTION 6. INDEMNITY, INSURANCE................................................................................ $ SECTION7. DEFAULT........................................................................................................11 SECTION 8. REPRESENTATIONS.....................................................................................12 SECTION 9. GENERAL PROVISIONS.................................................................................. 13 Packet Pg. 338 9.4.c LIST OF EXIBITS EXHIBIT A Property Description, EXHIBIT B Access and Parking Easement EXHIBITC Utility Easement Packet Pg. 339 9.4.c GROUND LEASE BETWEEN THE CITY OF EDMONDS AND THE EDMONDS SENIOR CENTER THIS GROUND LEASE (this "Lease"), effective the 15,' day of April, 2019 {"Effective Date") is between THE CITY OF EDMONDS, a municipal corporation of the State of Washington (the "City") and THE EDMONDS SENIOR CENTER, a nonprofit corporation under the laws of the State of Washington (the "Senior Center"). WHEREAS, the City and the Senior Center entered into a Lease dated December 1, 2008 (the "2008 Lease"), the Term of which was scheduled to expire in 2020 unless extended by one or both of the two five-year extensions in the 2008 Lease. WHEREAS, the 2008 Lease encompasses a portion of the real property that is subject to this Lease and the parties intend that this Lease supersede the 2008 Lease. The parties, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged and intending to be legally bound by the terms and conditions of this Lease, agree as follows: SECTION 1. AGREEMENT TO LEASE PROPERTY 1.1 A&rSrgGjcn1 to Lease and Dcscrigtiog of ProMrty. The City hereby leases to the Senior Center and the Senior Center leases from the City that certain real property described and shown on Exhibit A attached hereto together with all improvements located thereon or to be located thereon (the "Property"). The Property is the _ square foot area upon which the Senior Center is to construct its Edmonds Waterfront Center Building (the "Building"). 1.1.1 Access and Parking Easement. During the term of this Lease, Senior Center shall have a non-exclusive easement for a terra of years over and across the real property legally described in and on the terms and conditions set forth in Exhibit BB (the "Access and Parking Easement") for ingress, egress and parking for the Property, Nothing herein or in the Access and Parking Easement shall prevent the City from signing and regulating the parking lot to make it tinge-lintited, to reserve certain spots for electric vehicles, or to make other similar modifications to the way the parking lot is used. Senior Center shall make reasonable efforts to ensure that its rental activities do not overburden the parking lot, particularly during daylight hours. Such reasonable efforts may include the use of valet parking, the use shuttle buses from an off -site parking location, and/or other means, PROVIDED THAT the determination as to whether such means are necessary, and, if so, which to employ, shall be mutually agreeable and subject to the dispute resolution process in Section 9.18, in the event that the parties cannot agree. 1.1.2 Utility Easement. During the term of this Lease, Senior Center shall have Packet Pg. 340 9.4.c a non-exclusive easement for a term of years over, under and across the real property legally described in and on the terms and conditions set forth in Exhibit C (the "Utility Easement") to allow utility connections to and from the Property. 1.2 (tse of - lie Proiert Y. 1.2.1 AllowtO ilses of the Pro2erty by the Senior Center. Except as otherwise provided herein, the Senior Center shall use the Property for the purpose of constructing, maintaining, and operating a non-profit community resource center to be known as the "Edmonds Waterfront Center" serving the needs of the local population, in particular, poor, infirm and otherwise vulnerable seniors and other members of the community. 1.2.1.1 Notwithstanding the foregoing, the Senior Center may from time to time utilize portions of the Property for revenue -generating activities including, but not limited to, rentals, events and the operation of thrift store and cafe, provided that all revenues generated therefrom shall be utilized by the Senior Center exclusively for the purposes set forth in Section 1.2.1, above. 1.2.2 AUowed Uses of the Property by the City. The City of Edmonds shall be given access to the Building so it may offer recreational and other programs to the public. Except for the thrift shop and cafe areas, the City will be allowed first -priority use of the Building Monday through Thursday, 4:00 pm - close. The Senior Center shall have first -priority use of the Building at all other times. The City and Senior Center agree to meet on a regular on -going basis (at least quarterly) to review their respective program schedules and determine whether there is any unprogrammed (surplus) time after accounting for each party's program needs during that party's first -priority time periods. At these meetings each party shall offer its remaining unprogrammed first -priority time slots to the other party for use by the other party. Senior Center acknowledges that the grounds surrounding the Property are a public park and shall remain open to the public subject to the City's reasonable regulations relate to uses, hours, etc. l .2.3 The City is not responsible for repair and/or maintenance of the Building; provided, however, as part of the City's allowed use of the Building, the City may be charged for mutually agreed upon costs directly associated with its use of the Building (i.e. utilities, site monitor. cleaning, etc.). SECTION 2. TERN[ 2.1 Diiiial-Term The term of this Lease ("Lease Tenn") shall extend for a period of Forty (40) years commencing on April 15, 2019, and terminating on April 14, 2059, subject to the right of the Senior Center to extend the Lease Term as provided herein. 2.2 Extension Term, The Lease Term may be extended by the Senior Center for an additional period of Fifteen (15) years. 2.2.1 Conditions vF t xtcnsion_ In order for the Senior Center to extend the Lease Term, it snail: (i) not be in material default at the time of providing Notice of its Lease Extension and thereafter; (ii) provide written Notice of its Lease Extension at least one hundred eighty (180) 2 Packet Pg. 341 9.4.c days prior to the Termination of the Lease Team, Q Packet Pg. 342 9.4.c 2.2.2 Process for Extension. No sooner than three hundred sixty-five (365) days and no later than one hundred eighty (180) days prior to the expiration of the Lease Term, Senior Center shall provide written notice of its intention to exercise the Extension Term. The City and Senior Center shall meet no later than one hundred twenty (120) days prior to the expiration of the Lease Term to c onfinn the Extension Term, discuss any matters pertaining thereto and sign a Lease Addendum incorporating the Extension Term and any mutually acceptable matters pertaining to the Extension Term. SECTION 3. RENT 3.1 R= In consideration for the use of the Property as specified in this Lease, the Senior Center shall pay to the City a total payment of Ten Dollars ($ l 0.40) per year, and such sum shall be paid within ten (10) days from the date of execution of this Lease and within ten (10) days following January 1 st of each calendar year of each year during the Term of this Lease. The parties mutually agree and acknowledge that the Senior Center's operation of the Building upon the Property effectuates a fundamental government purpose and public benefit such as to obviate the necessity of additional rental payment compensation, Furthermore, because the Senior Center's mission is to enrich the social, physical, and intellectual wellbeing of seniors, the City is able to lease this property to the Senior Center for less than fair market value under the poor and infirm exception to the constitutional (Article 8, Section 7) prohibition on gifting or loaning of public funds. SECTION 4. SENIOR CENTER'S OTHER OBLIGATIONS 4.1 Construction of Improvements, The Senior Center and City are, through this Lease, undertaking respective obligations to design, construct and maintain various improvements, which improvements will be jointly used as described in this Lease and its attached exhibits_ Unless expressly stated otherwise, the Senior Center shall be obligated to design, construct, and maintain, at its sole expense, the Building and all other improvements that are to be located on the Property. Unless expressly stated otherwise, as, for example, in Section 4.4, the City shall be obligated to design, construct, and maintain, at its sole expense, the parking lot, frontage improvements, and all other improvements contemplated herein that are not to be located on the Property. These respective obligations are described in more detail below. 4.1.1 01Y Aporoyal and ()wnership, Senior Center shall undertake no demolition, construction, remodeling, alteration, or changes ("Work") on or to the Property without the prior written consent of the City, which shall be within the discretion of the City Council to withhold or deny. In applying its discretion, the City Council shall consider, among other factors deemed relevant by the City Council, the extent to which the Senior Center has secured sufficient capital and/or financing to complete the construction of the Building, the construction of other improvements to the Property, and related financial obligations (including having an adequate contingency fund for the contemplated Work), the intended uses of the Property as described in Section 1.2, as well as the Property's impacts upon the adjacent park. The consent contemplated in this subsection 4.1.1 is separate and apart from the City's regulatory authority and the discretion to withhold or deny approval under this subsection 4.1.1 is not limited in the same way that the City's regulatory discretion is limited. 4 Packet Pg. 343 9.4.c 4.1.1.1 In addition to the need to obtain the consent required above, no later than 21 days prior to commencing any Work on the Property, Senior Center shall also obtain a temporary construction easement from the: City to the extent that any portion of the City's other property (outside the boundaries of the Property) will need to be used for construction purposes related to the Work. The City shall cooperate with the Senior Center in the negotiation and execution of the temporary construction easement and shall not unreasonably withhold its issuance. The temporary construction easement shall address, among other factors, the means, methods, and timing for coordinating the Senior Center's Work with the City's Work, if the City has a contemporaneous construction project, as it will during the construction of the Building. Any deviation from approved plans must also be approved, in writing, by the City. 4.1.1.2 Improvements constructed by the Senior Center during the term o f this Lease shall be considered the Senior Center's property until the date this Lease is terminated. Upon termination of the Lease Term, together with Extension, if applicable, all improvements located on the Property shall become the property of the City, excepting trade fixtures, which may be removed by Senior Center at its option. 4.1.1.3 The Senior Center will bring forth the schematic design of the facility, including its footprint on the Property, to the City Council for approval. The City Council will consider and may opt to hold one or more public hearings out the schematic design prior to taking action. The Senior Center agrees not to proceed with the design development phase of the design process until the schematic design of the facility, including its [footprint on the Property, is approved by the City Council. The Senior Center will also bring forth the design development phase drawings of the facility to the City Council for approval. The Senior Center agrees not to proceed with the construction document phase of the design process until the drawings from the design development phase have been approved by the City Council. Any proposed substantive design changes that are inconsistent with a previous design approval (schematic or design development), including proposed changes to the facility's footprint on the Property, shall also be subject of City Council approval and shall be returned to the City Council as soon as practicable and not be deferred until the approval of the next phase. 4.1.1.4 In the event there are any disputes that arise concerning decisions made by the City under this Section 4.1.1, those disputes shall be subject to the dispute resolution provisions in Section 9.18. 4.1.2 Pcrglits. Once approvals have been given by the City under 4_1.1, above, no Work may commence until Senior Center obtains and delivers to the City copies of all necessary governmental permits. Senior Center must also supply the City with a copy of any occupancy permit required and any certification required by the fire marshal, prior to Senior Center's occupancy of the Property. 4.1.3 Construction Schedule. Construction Work must be completed within the earlier of two (2) years of the receipt of consent to perfor-m the Work obtained under Section 4.1.1 or three (3) years of the Commencement Date of this Lease. If construction is begun within one (1) year of the receipt of consent and diligently performed thereafter, the City will grant Senior Center a one (1) year extension to complete construction, if needed, so long as Senior Center Packet Pg. 344 9.4.c notifies the City of its need for additional time at least thirty (30) days in advance of the completion deadline. Failure to complete construction within the specified time shall be an event of Default under Section 7.1 unless any delay in construction occurred as a result of failure by the City to allow Senior Center's construction to commence in a timely manner in which case, the Senior Center shall be given a commensurate amount of time for completion of construction. All Work done on the Property at any time during the term of this Lease must be done in a good workman- like manner and in accordance with all applicable laws and all building, land use, and other permit requirements. AIL Work small be done with reasonable dispatch. if requested by the City, within thirty (30) days after the completion of any Work, Senior Center shall deliver to the City complete and fully detailed as -built drawings of the completed. Work, in both electronic and paper forms, prepared by an architect licensed by the State of Washington. All landscaping shall be designed by a landscape architect licensed in the State of Washington. 4.2 Mainlenano. At all times during the Lease Term and any Extension Tertn, Senior Center shall reasonably keep and maintain the Building and other improvements located on the Property in good repair and operating condition and shall make all necessary and appropriate preventive maintenance, repairs, and replacements. On each fifth anniversary of this Cease (meaning every five years), the City and Senior Center shall conduct a thorough inspection of the Building; and other improvements on the Property and City shall inform Senior Center of any needed repairs, maintenance or clean-up to be done in order to maintain the quality of any Building and other improvements to the Property, reasonable wear and tear excepted. Such repairs, maintenance and clean-up shall be done with reasonable dispatch at the sole cost of the Senior Center. Prior to entering into any Extension Term of this Lease such an inspection will also be required and all reasonable repairs and maintenance needed to be done must be done to the Building and other improvements before an Extension Tenii of the Lease commences. 4.3 No Liens. Senior Center agrees to pay, when due, all sums for labor, services, materials, supplies, utilities, furnishings, machinery, or equipment which have been provided to the Property. If any lien is filed against the Work which Senior Center wishes to protest, then Senior Center shall immediately deposit cash with the City, or procure a bond acceptable to the City, in an amount sufficient to stover the cost of removing the lien from the Work, Failure to remove the lien or famish the cash or bond acceptable to the City within thirty (30) days shall constitute an Event of Default under this Lease and the City shall automatically have the right, but not the obligation, to pay the lien in full with no notice to Senior Center and Senior Center shall immediately reimburse the City for any sums so paid to remove any such lien. Senior Center shall not encumber the Property or any improvements thereon without prior written approval of the City. Senior Center shall obtain a performance bond in the full amount of the contract it has signed with its contractor to complete the facility and provide such performance bond to the city prior to demolition of the existing facility. The performance bond shall ensure that the construction of the facility is completed and that all workers, contractors, subcontractors, and suppliers will be paid. 4.4 iltilities and Services. Senior Center trust make arrangements for all utilities and shall promptly pay all utility charges before they become delinquent. Senior Center is solely responsible for verifying the existence, location, capacity and availability of all utilities it may treed for Senior Center's planned use of the Property. Notwithstanding Section 4.1, Senior Center shall be solely responsible for the cost of designing, constructing and extending any necessary utility lines froin the right of way or adjacent properties into the Property even though much of b Packet Pg. 345 9.4.c this work will occur outside of the Property. Senior Center shall be solely responsible for mceting and securing all permits and for meeting all requirements necessary to achieve all of the above, including the payment of any required permit fees and/or connection fees. If the parties cannot agree upon terms for the means, methods, and timing related to the construction of the utilities described above, or if any conflict arises during construction, the City shall have the right to have its contractor construct the Building's utilities, or any portion thereof. If the City elects to undertake such construction, it will still be done at the Senior Center's sole cost and invoices for such construction shall be paid within no later than 30 days of receipt. 4.5 Signs. Any signs erected by Senior Center must comply with all local sign ordinances. To the extent that any signs for the Edmonds Waterfront Center will be located outside of the Property, e.g., on the parking lot property, Senior Center must obtain permission from the City as to the location of such signs. Senior Center shall remove all signs and sign hardware upon termination of this Lease and restore the sign location(s) to its (their) former state(s), unless the City elects to retain all or any portion(s) of the signage. Siguaage requirements may reasonably change during the term and, to maintain uniformity and continuity, Senior Center will comply with any new sign code requirements within a reasonable time after the adoption of such new requirements. SECTION 5. C'ITY AUTHORITY AND OBLIGATIONS 5.1 l�elivery of Property_ Senior Center shall have the right to possession of the Property as of the Commencement Date. In the event the City shall permit Senior Center to occupy the Property prior to the Commencement Date, such occupancy shall be subject to all provisions of this Lease. Early or delayed possession shall not advance or defer the Expiration Date of this Lease. 5.2 Quict Enjovr�; Subject to Senior Center performing all of Senior Center's obligations under this Lease and subject to the City's rights under this Lease and its rights of condemnation under Washington law, Senior Center's possession of the Property will otherwise not be disturbed by the City. Any sublease shall be subject to prior approval by the City and if approval is granted this quiet enjoyment provision shall apply to Senior Center's sub lessees. 5.3 Conditiou of Proneily. The City makes no warranties or representations regarding the condition of the Property, including, without limitation, the suitability of the Property for Senior Center's intended uses or, the availability of accessible utilities or roadways needed for Senior Center's intended purposes. Senior Center has inspected the Property, conducted its own feasibility and due diligence analysis, and, as of the date its environmental audit is completed and the report provided to Senior Center or Senior Center's commencement of construction, whichever occurs first, Senior Center accepts the Property in "AS 18" condition, upon taking possession. 5.4 Parking Lot and Frontage linprovcmcsit Design. Construction and RepairQQ_Iiaations. 5.4.1 Parking Lot j nd Frontage trnprovements Dejjail, The City and Senior Center shall work together to design a Parking Lot and Frontage Improvements that meet the requirements for the shared use by the Edmonds W aterGont Center and the City's Regional Park Packet Pg. 346 9.4.c facilities. The total number of parking spaces incorporated into the design for the Parking Lot shall accommodate as closely as possible the anticipated parking demands for the Edmonds Waterfront Center activities and the City's Regional Park activities. The Parking Lot and Frontage Improvements shall be located outside the boundaries of the Property on the City's abutting property_ The costs of planning and design of the Parking Lot and Frontage Improvements shall be paid by the City. 5A.2 Parking Lot and Frontage Improvements Construction. The City shall design, permit, procure and engage a general contractor and pay the cost of construction of the Parking Lot and Frontage Improvements adjacent to and which serves the Property and the City's regional park according to the design plans as provided to Senior Center in Section 5.4.1, above. The Parking Lot and Frontage Improvements must be constructed in coordination with Senior Center's construction of the Edmonds Waterfront Center Building so that it is substantially complete before the Building and related improvements are occupied. 5.4.3 Parking Lot an t:r e Jml2rovc!V5Z=-Maintenance and Re air. The City shall have full responsibility for repair, maintenance and any capital improvements required for the Parking Lot and Frontage Improvements after its initial construction, except for work associated with the Building's utilities, which shall be the Senior Center's responsibility. The City shall undertake regular inspections of the Parking Lot and Frontage improvements consistent for a property of that type and implement necessary and appropriate maintenance activities at reasonable intervals to keep the Parking Lot and Frontage Improvements in good condition. When capital renovations are required to restore the Parking Lot and/or Frontage Improvements to good condition during the Lease Term, the City shall undertake such capital improvements. 5.4.4 Beach Restoration and Walkway. The City has other areas of its regional park that are located adjacent to the Property. Two of these other areas are the City beach and the City walkway. The City is undertaking a beach restoration project for its regional Park area and it shall complete that restoration project, and walkway completion and pay the cost thereof. The City shall also complete the design, permitting, construction of and payment for the City walkway project adjacent to the Property, and any other contemplated improvements not located on the Property. 5.4.5 The i Ei ='s Locuhon withiii Park 00nds an Park Maintenance Responsibility. The Property is owned by the City and is adjacent to a City -awned regional park. The City shall define maintenance standards and intervals for the grounds adjacent to the Property, including landscaping, irrigation, and general refuse removal (not inclusive of the garbage utility from the Building on the Property). This park area will be within the control of the City. The Senior Center acknowledges that, as a public park, the grounds adjacent to the Property likely constitute a public forum for First Amendment purposes and that there may be circumstances in which the City may need to allow constitutionally protected activity to occur on the site adjacent to the Property. Such circumstances shall not constitute a constructive eviction of the Senior Center and may not be grounds For damages to be paid from the City to the Senior Center. The Senior Center may not exclude the public from the park grounds, or any 8 Packet Pg. 347 9.4.c other area outside the Property, unless it has obtained the applicable event permit or reservation from the City. SECTION S. INDEMNITY, INSURANCE 6.1 General nits. Upon the Commencement Date of this Lease, the Senior Center agrees to defend (using legal counsel reasonably acceptable to the City), indettnify, and hold the City harmless from and against any and all actual or alleged claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, damages, expenses, costs, fees (including, but not limited to, attorney, accountant, paralegal, expert, and escrow fees), fines, and/or penalties, (collectively "Costs"), which may be imposed upon or ciaimed against the City, and which, in whole or in part, directly or indirectly, arise from or are in any way connected with Senior Center's use of the Property or the Parking Lot, or from the conduct of Senior Center's business, or from any activity, work or thing done, permitted, or suffered by Senior Center in or about the Property or the Parking Lot, except only such injury or damage as shall have been occasioned by the sole negligence of the City including: Any act, omission or negligence of the Senior Center, its Sub lessees, or its event space renters; any use, occupation, management or control of the Property or the Parking Lot by the Senior Center; any condition created in, on or about the Property or the Parking Lot by Senior Center, an agent, sub lessee, or event space renter, including any accident, injury or damage occurring in, on or about the Property or the Parking Lot after the Effective Date; any breach, violation, or nonperfonnance of any of Senior Center's obligations under this Lease by Senior Center, its Sub lessees, or event space renters; any damage caused by Senior Center, its Sub lessees, or event space renters on or to the Property or the Parking Lot. The Senior Center's obligations and liabilities hereunder shall commence on the Effective Date of this Lease, if earlier than the Commencement Date and if caused by the activities of the Senior Center or its agents or invitees on the Property or the Parking tot. As used herein, the indemnification provided by the Senior Center is intended to include indemnification for the actions of the Senior Center and its employees and other agents and all of the Senior Center's Sub lessees, event space renters and all of their respective employees and other agents. The Senior Center's obligations to indemnify, defend and hold harmless the City hereunder include indemnification of the employees, agents and elected officials of the City. 6.2 Insurance Requirements. The Senior Center shall procure mid maintain for the duration of the Lease insurance against claims for injuries to persons or damage to property which may arise from or in connection with the Building's operation and use of the Property or the Parking Lot. Senior Center's maintenance of insurance as required by the Lease shall not be construed to limit the liability of the Senior Center to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. The amounts listed indicate only the minnnum amounts of insurance coverage the City is willing to accept to help insure full perfonnance of all terns and conditions of this Lease. All insurance required by Senior Center under this Lease shall meet the following minimum requirements: 6.2.1 Ceni rwates: Nq fice of Canccjlation. On or before the Commencement Date, Senior Center shall furnish the City with original certificates and a copy of any amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the existence of all insurance required under Section 6.3. Thereafter, the City must 01 Packet Pg. 348 9.4.c receive notice of the expiration or renewal of any policy at least thirty (30) days prior to the expiration or canechation of any insurance policy, PROVIDED THAT the Senior Center shall provide the City with written notice of any policy expiration or cancellation, within two business days of its receipt of such notice. No insurance policy may be canceled, revised, terminated or allowed to lapse without at least thirty (30) days prior written notice being given to the City. Insurance must be maintained without any lapse in coverage during the entire Lease Term and any Extension Term. Insurance small not be canceled without City consent. The City shall also be given copies of Senior Center's policies of insurance, upon request. 6.2.2 AditionaI Insured, The City shall be named as an additional insured in each required policy using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage and, for purposes of damage to the Property or the Parking. Lot, as a loss payee to the extent of its interest therein. Such insurance shall not be invalidated by any act, neglect or breach of contract by Senior Center and shall not in any way he construed by the carrier to make the City liable for payment of any of Senior Center`s insurance premiums. 6.2.3 Primary Coverage. The required policies are to contain or be endorsed to contain that they shall be primary insurance as respect the City. Any Insurance, self-insurance, or insurance pool coverage maintained by the City shall be excess of the Senior Center's insurance and shall not contribute with it. 6.2.4 Corn 12any Rag i n 0, All policies of insurance must be written by companies having an A.M. Best rating; of not less than A: Vll. The City may, upon thirty (30) days written notice to Senior Center, require Senior Center to change any carrier whose rating drops below such rating. 6.3 ltettuired_I�startrc At all times during this Lease, Senior Center shall provide and maintain the following types of coverage: 6.3.1 [ o urncrcial General Liability lasurariee. Senior Center shall maintain an occurrence form commercial gmeral liability policy (including coverage for broad form contractual liability; and personal injury liability) for the protection of Senior Center and (lie City, insuring Senior Center and the City against liability for damages because of personal injury, bodily injury, death, or damage to property, including loss of use thereof, and occurring on or in any way related to the Property or the Parking Lot or occasioned by reason of the operations of Senior Center. Such coverage shall name the City as an additional insured using ISO Additional Insured -Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. Commercial General Liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. Commercial General Liability insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 bl and shall cover premises and contractual liability. 6.3.2 Pronerty Insurance:, Senior Center shall maintain, in full force and effect during the Lease Term, "All Risk" property insurance covering all buildings, fixtures, equipment, and all other Improvements located on the Property or the Parking Lot. Coverage shall be in an amount equal to One Hundred Percent (100%) of the new replacement value thereof with no coinsurance provisions. Such insurance shall name the City as an additional insured and loss payee 10 Packet Pg. 349 9.4.c as to its full interest in the insured property and shall include the insurer's waiver of subrogation in accordance with Section 6.4. 6.3.3 Autoilinbile )Jabiiity insurance. Senior Center shall maintain for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot an occurrence form automobile liability policy insuring Senior Center and the City against liability for damage because of bodily injury, death, or damage to property, including loss of use thereof, and occurring in any way related to the use, loading or unloading of Senior Center's owned, hired, leased and non -owned vehicles on and around the Property or the Parking Lot. Such insurance shall name the City as an additional insured. Coverage shall be in an amount of not less than Two Million Doliars ($2,000,000) combined single limit per occurrence. 6.3.4 Workers' Coinpgnsatioii Insurance, Senior Center shall maintain in force Workers' Compensation insurance for all of Senior Center's employees who are present on the Property or the Parking Lot or are involved in the operations conducted on the Property or the Parking Lot, including coverage for Employer's liability. In lieu of such insurance, Senior Center may maintain a self-insurance program meeting the requirements of the State of Washington and a policy of Excess Workers' Compensation with a limit of at least One Million Dollars ($1,000,000) per accident above the self -insured retention. Senior Center has indicated that none of its employees will be on the Property or the Parking Lot since Senior Center intends to hire a management company to oversee the Property or the Parking Lot. In that case, Senior Center shall be responsible to require that its management company provides workers' compensation insurance for its employees on the Property or the Parking Lot and Senior Center shall fully defend and indemnify the City against any workers' compensation claim. 6.3.5 Builder's Risk. Senior Center shall maintain, in frill force and effect during construction of Senior Center's facility described in this Lease, Builders Risk insurance covering interests of the Senior Center, the City, the Contractor, Subcontractors, and Sub- subcontractors in the work. Builders Risk insurance shall be on a all-risk policy form and shall insure against the perils or fire and extended coverage and physical loss or damage including flood, earthquake, theft, vandalism, malicious mischief, collapse, temporary buildings and debris removal. Coverage shall include: 1) formwork in place; 2) all materials and equipment on the Property or the Parking Lot; 3) all structures including temporary structures; and 4) all supplies related to the Work being performed. The insurance required hereunder shall have a deductible of not more than Five Thousand Dollars ($5,000), which will be the responsibility of the Contractor. Higher deductibles for flood and earthquake perils may be accepted by the City upon written request by the Contractor and written acceptance by the City. Any increased deductibles accepted by the City will remain the responsibility of the Contractor, The Builders Risk insurance shall be maintained until final acceptance of the work. 6.4 Wa.i■ sa &2f$t}brosation. Senior Center and City hereby release and discharge each other from all claims, losses and liabilities arising from or caused by any hazard covered by property insurance on or in connection with the premises or said facility. This release shall apply only to the extent that such claim, loss or liability is covered by insurance. 6.5 Periodic Review. The City shall have the right to periodically review the limits and I Packet Pg. 350 9.4.c terms of insurance coverage. In the event the City determines that such limits, and/or terms should be changed, the City will give Senior Center a minimum of thirty (30) days' notice of such determination and Senior Center shall modify its coverage to comply with the new insurance requirements of the City. The City agrees that it shall be reasonable in any coverage change required, and that such change will be in accordance with standard market requirements for the Building or similar activity centers. Senior Center shall also provide the City with proof of such compliance by giving the City an updated Certificate of insurance within thirty (30) days. 6.6 Failure to Maintain lnst}mce. Failure on the part of the Senior Center to maintain the insurance as required shall constitute a material breach of lease, upon which the City may, after giving five business days' notice to the Senior Center to correct the breach, terminate the Lease or, at its discretion, procure or renew such insurance and pay any and all premiums in connection therewith, with any sums so expended to be repaid to the City on demand. SECTION 7. DEFAULT 7.1 Senior CenWr Default. 7.1.1 The occurrence of anyone or more of the following shall constitute a material default and breach of this Lease by the Senior Center: 7.1.1.1 Vacating (he Property. The vacating or abandoGunent of the Property by the Senior Center for more than thirty (30) days. 7.1.1.2 E sgEay RMt. The failure by the Senior Center to make any payment of rent or any other payment required to be made by the Senior Center under this Lease, as and when due, where such failure shall continue for a period of thirty (30) days after written notice thereof by the City to the Senior Center. 7.1.1.3 [ lnyermtitted Qse of the 2goINrty. The use of the Property for any purpose not authorized by Section 1.2.1 of this Lease where such unpermitted use of the Property shall continue for a period of thirty (30) days after written notice thereof shall be grounds for default. 7.1.1.4 Failure to Perform. Failure by the Senior Center to observe or perform any of the covenants or provisions of this Lease to be observed or performed by the Senior Center, specifically including, without limitation, the Senior Center's utilization of the Property for purposes materially inconsistent with those set forth in this Lease where such failure shall continue for a period of thirty (30) days after written notice thereof from the City to the Senior Center. Provided, that if the nature of the Senior Center's default is such that more than thirty (30) days are reasonably required for its cure, then the Senior Center shall not be deemed to be in default if the Senior Center shall commence such cure within the thirty (30) day period and thereafter diligent prosecute such cure to completion. 7.1.2 Rcmedies is Default. In the event of any default or breach by the Senior Center under this Lease, in addition to any other remedies at law or in equity,the City may: 12 Packet Pg. 351 9.4.c 7.1.2.1 Terminate the Lease. Terminate the Senior Center's right to possession, of the Property by providing written notice of at least thirty (30) days; 7.1.2.2 Continue the Lease. Maintain the Senior Center's right to possession in which case the Lease shall continue in effect whether or not the Senior Center shall have abandoned the Lease Premises. In such event, the City shall be entitled to enforce all Landlord's right and remedies under this Lease; and/or 7.1.2.3 QthM rern.W0gs. Pursue any other remedy now or hereafter available to a Landlord under the laws of the State of Washington. The City expressly reserves the right to recover from the Senior Center any and all actual expenses, costs and damages caused in any manner by reason of the Senior Centees default or breach. 7.1.3 Legal Expenses. if either party is required to bring or maintain any action (including insertion of any counterclaim or cross claim or claim in a proceeding in bankruptcy, receivership or other proceeding instituted by a party hereto or by others) or otherwise refers this Lease to any attorney for the enforcement of any of the covenants, terns or conditions of this Lease, the prevailing party in such action shall, in addition to all other payments required herein, receive from the other party all costs incurred by prevailing party, including reasonable attorney's fees. 7.2 Default by the City. The City shall not be in default unless the City fails to perform obligations required of the City under this Lease within a reasonable time, but in no event later than thirty (30) days after written notice by the Senior Center to the City provided, that if the nature of the City's obligation is such that more than thirty (30) days are required for performance then the City shall not be in default if the City commences performance within such thirty (30) day period and thereafter diligently prosecutes the same to completion. The notice shall specify the portion of the Lease that the City has failed to perform and the action that the Senior Center seeks to be taken by the City to prevent the default. The Senior Center further agrees not to invoke any remedies until such thirty (30) days have elapsed. SECTION 8. REPRESENTATIONS S.l Representations of Senior Center, 8.1.1 Senior Center is a duly organized and legally existing corporation under the laws of the State ofWashington. 8.1.2 Senior Center's execution, delivery and performance of all of the terms and conditions of this Lease have been duly authorized by all requisite corporate action on the part of Senior Center. This Lease constitutes Senior Center's legal, valid and binding obligations, enforceable against Senior Center in accordance with its terms subject to the effects of bankruptcy, insolvency, fraudulent conveyance or similar laws affecting creditor's rights and to equitable principles. Execution of the Lease does not wnflict with any provision of Senior Center's Articles of Incorporation, Bylaws or other corporate documents. 8.1.3 There is no claim, action, proceeding or investigation pending or, to the 13 Packet Pg. 352 9.4.c actual knowledge of Senior Center, threatened in writing, nor is there any legal determination or injunction that calls into question Senior Center's authority or right to enter into this Lease or perform the obligations specified in the Lease. 8.1.4 Senior Center has not employed any broker, finder, consultant or other intermediary in connection with the Lease who might be entitled to a fee or commisslon in connection with Senior Center and the City entering into the Lease. 8.2 Representations of the CiIy. 8.2.1 The City is a municipal corporation duly organized, validly existing and in good standing under the laws of the State of Washington, with full power and authority to own and lease the Property. The City has the power to enter into and perform its obligations pursuant to this Leasc. 8.2.2 The City's execution, delivery and performance of this Lease have been duly authorized consistent with its requirements under Washington law. 8.2.3 There is no claim, action, proceeding or investigation pending or, to the actual knowledge of the City, threatened in writing, nor is there any outstanding judicial determination or injunction that calls into question the City's authority or right to enter into this Lease. SECTION 9. GENERAL PROVISIONS 9.1 No PartnershiR It is understood and agreed that this Lease does not create a partnership or joint venture relationship between the City and Senior Center. The City assumes no liability hereunder or otherwise for the operation of the business of Senior Center. The provisions of this Lease with reference to rents are for the sole purpose of fixing and determining the total rents to be paid by Senior Center to the City. 9.2 Govemuinu Law. This Lease shall be governed and construed according to the laws of the State of Washington, without regard to its choice of law provisions. Venue shall be in Snohomish County. 9.3 No Benefit to Third Parties, The City and Senior Center are the only parties to this Lease and as such are the only parties entitled to enforce its terms. Nothing in this Lease gives or shall be construed to give or provide any benefit, direct, indirect, or otherwise to third parties. Nothing in this Lease shall be construed as intending to create a special relationship with any third party; neither the City not the Senior Center intend to create benefits in favor of any third parties as a result of this Lease. 9_4 otic •s. All notices required or desired to be given under this Lease shall be in writing and may be delivered by hand delivery, in certain cases sent by facsimile, or by placement in the U.S. trail, postage prepaid, as certified mail, return receipt requested, addressed to the City at: 14 Packet Pg. 353 9.4.c And to Senior Center at: The City of Edmonds 121 5"' Avenue North Edmonds, WA 98020 Attn: City Clerk Edmonds Senior Center P.Q_ Box 717 Edmonds, Washington 98020 Attn: Executive Director Any notice delivered by hand delivery shall be conclusively deemed received by the addressee upon actual delivery; any notice delivered by certified mail as set forth herein shall be conclusively deemed received by the addressee on the third Business Day after deposit. The addresses to which notices are to be delivered may be changed by giving notice of such change in accordance with this notice provision. 9.5 TjMe of -thy E%5guce. Time is of the essence in the performance of and adherence to each and every covenant and condition of this Lease. 9.6 Non -waiver. Waiver by the City or Senior Center of strict performance of any provision of this Lease shall not be deemed a waiver of or prejudice the City's or Senior Center's right to require strict performance of the same provision in the future or of any other provision. 9.7 aurvival. Any covenant or condition (including, but not limited to, indemnification agreements), set forth in this Lease, the full performance of which is not specifically required prior to the expiration or earlier tennination of this Lease, and any covenant or condition which by their terms are to survive, shall survive the expiration or earlier termination of this Lease and shall remain fully enforceable thereafter. 9.8 Partial Invalidjy; If any provision of this Lease is held to be invalid or unenforceable, the remainder of this Lease, or the application of such provision to persons or circumstances other than those to which it is held invalid or unenforceable, shall not he affected thereby, and each provision of this Lease shall be valid and enforceable to the fullest extent permitted by law. 9.9 Calculation of Time. All periods of time referred to in this Lease shall include Saturdays, Sundays, and legal holidays. However, if the last day of any period falls on a Saturday, Sunday, or legal holiday, then the period shall be extended to include the next day which is not a Saturday, Sunday or legal holiday. "Legal Holiday" small mean any holiday ohserved by the Federal Government. As used in this Lease, "Business Days" shall exclude Saturdays, Sundays, legal holidays and the week between December 25 and January 1. 9.10 idi The article and section headings contained herein are for convenience in 15 Packet Pg. 354 9.4.c reference and are not intended to define or limit the scope of any provisions of this Lease. 9.11 Exhibits inch iterate erence. All Exhibits attached to this Lease are incorporated by reference herein for all purposes. 9.12 Modific to ion. This Lease may not be modified except by a writing signed by the parties hereto. 9.13 lrltgggentffltgf Brokers. Senior Center and the City each represent to one another that if a broker's commission is claimed, the party who engaged the broker shall pay any commission owed and shall defend, indemnify and hold the other party hannless from any such claim. 9.14 RigW of Parties and Sltccessors in Interest; The rights, liabilities and remedies provided for herein shall extend to the heirs, legal representatives, successors and, so far as the terms of this Lease permit, successors and assigns ofthe parties hereto. The words "City" and "Senior Center" and their accompanying verbs or pronouns, wherever used in this Lease, shall apply equally to all persons, firms, or corporations which may be or become such parties hereto. 9.15 Execution of Multiple Counterparts. This Lease may be executed in two or more counterparts, each of which shall be an original, but all of which shall constitute one instrument. 9.16 Dcfined Terms. Capitalized terms shall have the meanings given them in the text of this Lease. 9.17 No Limit on City's rowers; Nothing in this Lease shall limit, in any way, the power and right of the City to exercise its governmental rights anti powers, including its powers of eminent domain. 9.18 Non -Binding Mediation. Should any dispute arise between the patties to this Lease, other than a dispute regarding the failure to pay Rent or other payments (including t•txes) as required by this Lease, it is agreed that such dispute will be submitted to a mediator prior to any arbitration or litigation. The parties shall exercise good faith efforts to agree on a mediator. The mediation fee shall be shared equally by the City and Senior Center. Mediation shall be non -binding and will be conducted in Edmonds, Washington. Both parties agree to exercise good faith efforts to resolve disputes covered by this section through this mediation process. if a party requests mediation and the other party fails to respond within ten (10) days, or if the parties fail to agree on a mediator within ten (10) days, a mediator shall be appointed by the presiding judge of the Snohomish County Superior Court upon the request of either party. The finding of the mediator shall only become binding upon the parties if both parties so agree and thereafter execute a settlement agreement based on the mediator'~ findings or recommendation. 9.19 This Lease Supersedes. This Lease shall replace and supersede the 2008 Lease. The parties hereby terminate the 2008 Lease in its entirety; provided, however, the 2008 Lease shall remain in place, operative and complimentary to the Ground Lease until demolition is commenced on the current Senior Center Building located at 220 Railroad Avenuc, Edmonds, WA. 9.20 Record Jnu. A Memorandurn of this Lease may be recorded after execution by the Parties. 15 Packet Pg. 355 9.4.c 9.21 F inre A_rgement. This Lease represents the etatire agreement between the City and Senior Center relating to Senior Center's leasing of the Property_ It is understood and agreed by both parties that neither party nor an official or employee of a party has made any representations or promises with respect to this Lease or the making or entry into this Lease, except as expressly set forth in this Lease. No claim for liability or cause for termination shall be asserted by either party against the other for, and neither party shall be liable by reason of, any claimed breach of any representations or promises not expressly set forth in this Lease; all oral agreements with the parties are expressly waived by both parties. This Lease has been extensively negotiated between the parties. Therefore, no alleged ambiguity or other drafting issues of the terms of this Lease shall be construed, by nature of the drafting, against either party. IN WITNESS IIEREOP, the parties have subscribed their names hereto effective as of the day, month and year first written above. LESSEE: EDMONDS SENIOR CENTER By: +s� r e Its: tAcl�'a a APPROVED AS TO FORM-. r7 % 4�� C,4C3e� Office of the City Attorney LESSOR: THE TY OF EDMONDS A � J, a). By: avid Earling As its Mayor APPRa V r DIV CITY V v l�14As v! Y mA14 1�6 ATTEST: G6 S&rfassey, City C[cr 17 Packet Pg. 356 9.4.c STATE ON WASHINGTON ss. COUNTY OF SNOHOMISH I certify that I have evidence that David Earling is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to executed the instrument and acknowledged it as the Mayor of the City of Edmonds, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ;,�r�rrr11111ttt; S JOHNS O'+,�� Q y RI N . D Iv E .� � b$ �• J NOTARY PUBLIC s o a u+ . • In and for the State of Washington a My commission expires: �i/rt+� 0F,VV STATE OF WASHINGTON ) ) ss. COUNTY OF SNOHOMISII I certify that i have evidence that Y _ r► is the person who appeared before me, and said person acknowledged that s/he signed this thstrument, on oath :Mated that sloe was authorized to executed the instrument and acknowledged it as the �` Et� ds Seivor 1�`� Center, to be the free and voluntary act of such party for the uses �i� purposes mentioned in the instrument. DATED: �1jeL1_n �r ♦� R,C,N04 1 11 PRINTED NAME. NOTARY PUBLIC �j0 _ _ '" In and for the State of Washington ¢ Z l t My commission expires: \Q\4G �2-Q fi'w IS Packet Pg. 357 9.4.c EXHIBIT A Property Description Parcel N ber 270323001042001 Property 1220 R- ILROAD AVE, EDMONDS, WA Address Property Description AT PJA FR TPB TH SELY TPB BOTH PER WD 693-545 2/23/73 I () Packet Pg. 358 9.4.d Edmonds Senior Center Connecting & Enriching Our Community PO Box 717.220 Railroad Ave • Edmonds, Wa 98020 • Phone: 425.774.5555 • www.edmondssc.org September 26, 2019 RE: Securitization Required for State Funding Dear Mayor Earling and City Council Member, Thank you for your ongoing support of the new Edmonds Waterfront Center. Construction progress continues as we completed the Augarcast piling placement on Monday. We are now preparing the site for grade beams and pouring the concrete slab. As you know we have secured $4M in State funding for the project. We are currently working with the Department of Commerce to finalize a contract that will allow us to draw down the $4M. The funding guidelines state, "Grantees must provide Commerce with a deed of trust or leasehold deed of trust as security for the grant for projects performed by nonprofits over $500,000 in state funds." While this funding is considered a grant program it is structured as a loan with renumeration coming in the form of public benefit. In other words, the funding requires that we operate the Center for public benefit for a minimum of 10 years. Securitization, in the form of a ten-year lien on the land and building is required for funding. The language in our ground lease with the City states, "Senior Center shall not encumber the Property or any Improvements thereon without prior written approval of the City." We are requesting that the City grant us approval for the securitization required to complete our State contract and draw down the $4M in State funding. Thank you for your consideration Kind Re and Farrell Fleming Executive Director Packet Pg. 359 9.4.e Department of Commerce 101;1 COMPETITIVE GRANT PROGRAMS: Building for the Arts ■ Building Communities Fund ■ Youth Recreational Facilities ■ Competitive Grant Program Guidelines For new projects funded in the 2017-2019 Capital Budget Community Capital Facilities P.O. Box 42525 Olympia, WA 98504-2525 (360) 725-3075 capprograms@commerce.wa.gov www.commerce.wa.gov Packet Pg. 360 9.4.e STATE Off, k � o lfia � 9 $ Y STATE OF WASHINGTON DEPARTMENT OF COMMERCE 1011 Plum Street SE • PO Box 42525 • Olympia, Washington 98504-2525 • (360) 725-3075 Dear Grant Recipient: Congratulations! With the signing of the 2017-2019 Capital Budget you have been awarded a direct appropriation from Commerce Community Capital Facilities. These guidelines will walk you through the final steps toward receiving your funds. We expect that the Office of Financial Management will make Capital Budget funds available as soon as possible. If you haven't already done so, please submit the Contract Readiness Survey discussed in your award letter at your earliest convenience. Once you send in the survey a Project Manager will be assigned to work with you. Please don't hesitate to ask questions of them or anyone else here at Community Capital Facilities. Again, congratulations on receiving a grant award. With best regards, Tony Hanson, Managing Director Community Capital Facilities 2 — COMPETITIVE GRANT PROGRAM GUIDELINES FOR 2017-2019 — COMMUNITY CAPITAL FACILITIES Packet Pg. 361 9.4.e Five Steps to Obtaining your State Grant Funds STEP 1: Submit a `Contract Readiness Survey' Your grant award packet includes a Contract Readiness Survey. Please complete the survey and return it to us as soon as possible, even if you do not plan to begin drawing your funds for a while. Feel free to give us a call if you have any questions as you fill out the survey (see contact information on right). STEP 2: Meet our other requirements Grantees must meet a number of requirements before we can write a contract and release your funds. These include site control (through a long-term lease or ownership) and a commitment of all non -state funds needed to complete the project. Construction projects may be required to pay state prevailing wages, meet the LEED Silver Standard, and be reviewed for archaeological and cultural resources. Grantees must provide Commerce with a deed of trust or leasehold deed of trust as security for the grant for projects performed by nonprofits over $500,000 in state funds. STEP 3: Sign a grant contract Once you have met all requirements we will draft a contract, which we will send to you for signature. We develop contracts on a first -come -first -served basis, so if you are in a hurry for your funds, please submit all requested information as soon as possible. It generally takes four to six weeks to execute a contract. Once the contract is executed you will have access to your funds. STEP 4: Submit reimbursement materials This includes an A19, invoices, status reports, and other information. This is a reim- bursement -style grant. That means no advance payments, but once the contract is executed you can begin drawing down funds — or even cash out your grant as long as you have incurred and paid sufficient documented eligible costs. We may also conduct a site -monitoring visit . STEP 5: Close out your contract If your project is required to obtain LEED certification, then that must be documented as well. Community Capital Facilities Department of Commerce Mailing I street address: P.O. Box 42525 1011 Plum Street SE Olympia, WA 98504-2525 Main phone: (360) 725-3075 Fax: (360) 586-5880 E-mail: capprograms@commerce.wa.gov STAFF: Tony Hanson Managing Director (360) 725-3005 Tony.Hanson@commerce.wa.gov Rebecca Spencer Real Estate Specialist (360) 725-3076 Rebec- ca.Spencer@commerce.wa.gov Michael Kendall Program Manager (360) 725-5065 Mike.Kendali@commerce.wa.gov Chuck Hunter Grants Manager - BCF (360) 725-2924 Chuck.Hunter@commerce.wa.gov Emily Hafford Grants Manager - BFA (360) 725-5001 Emily.Hafford@commerce.wa.gov Sheryl Reed Grants Manager - YRF (360) 725-3074 Sheryl.Reed@commerce.wa.gov COMMERCE LEADERSHIP: Brian Bonlender Director Mark K. Barkley Local Government Division Assistant Director COMMUNITY CAPITAL FACILITIES — COMPETITIVE GRANTPROGRAM GUIDELINES FOR 2017-2019— 3 Packet Pg. 362 9.4.e These guidelines itemize the legislative and administrative requirements govern- ing the disbursement and use of grant funds. A grant contract will provide a formal and legal description of the relationship between Commerce and the grant recipient. CONTRACTING SPECIFICS 1. Origins of your grant You have been awarded funds through the 2017-2019 state Capital Budget. No federal dollars are involved. We strive to administer funds expediently and with a minimum of red tape. We do so within the policies and procedures established by the Legislature, the Office of Financial Management, the Treasurer, Commerce, and the Office of the Attorney General. 2. Funding restrictions A grant can only be spent by the designated organization for costs that fit the scope of work as contemplated by your elected officials. This information was previously submitted to the Governor, or your Senator or Representative and has been forwarded to Commerce. 3. Cost reimbursement Funds are available on a reimburse- ment basis only, and cannot be ad- vanced under any circumstances. If the funds are being used to purchase real property, please contact us. Reimbursable costs are those that a grantee has already incurred and paid. We may reimburse grant recipients for costs incurred prior to the date a contract is executed, and as far back as July 1, 2014. 4. Contracting conditions In the absence of special legislative instructions, five requirements must be met before grantees can begin drawing down their grant funds. ■ Grantees must demonstrate the financial capability to complete the project, or a distinct phase of the project that is usable to the public. This means documenting that any needed non -state funds have been committed to the proj ect. ■ Grantees must provide written evidence of site control, for a minimum of 10 years after final payment, either through outright ownership of the subject property or a long-term lease. This does not apply to awards designated solely for preconstruction or property acquisition. Prevailing wages and your project As a result of a court ruling, construction projects that receive any of our grants are required to pay state prevailing wages (including landscaping) beginning January 19, 2018. Acquisition -only projects are exempt from state prevailing wage law (RCW 39.12). Note that these projects must result in a usable facility. The Contract Readiness Survey has a number of questions related to prevailing wages. If you have not paid, or were not planning to pay, prevailing wages we will contact you to discuss your situation. If you need technical information about prevailing wages, please contact Jim Chris- tensen at the state Department of Labor and Industries. He can be reached at (360) 902-5330 or chrj235@Lni.wa.gov. 4 — COMPETITIVE GRANT PROGRAM GUIDELINES FOR 2017-2019 — COMMUNITY CAPITAL FACILITIES Packet Pg. 363 9.4.e ■ Projects performed by nonprof- its for construction, acquisition and renovation that are $500,000 or more in state funds must list Department of Commerce on the deed of trust or leasehold deed of trust and provide title insurance. The deed of trust or lease- hold deed of trust must be recorded before reimbursement can begin. ■ The projects of some grantees may be reviewed by affected Tribes and the state Dept. of Archaeology and His- torical Preservation (DAHP). This re- view must be satisfactorily completed before a contract can be developed (see Section 6). ■ Capital construction projects that are required to meet high-performance building standards must document that they have entered the LEED certification process. 5. Non -state funds Non -state funds may consist of cash on hand, previously expended, credit, documented pledge commitments, a legal commitment of funds from a governmental entity, the value of land acquired for the project, and in -kind contributions when properly document- ed (see box on Page 6). Grantees may also include the proceeds of a letter of credit or other binding loan commitment as part of their non -state matching funds. The value of land used as a match must be supported by a current appraisal per- formed by a certified professional ap- praiser. 6. Archeological review Some projects may need to be reviewed for archaeological and cultural resources. This is required of projects not undergoing a Section 106 review under the National Historic Preservation Act if the project: ■ acquires property, ■ disturbs ground, and/or ■ involves structures more than 50 years old. If your project falls into any of these categories we will provide you with further information. 7. Design contracts In certain instances, Commerce may determine that project funds may be prudently invested by committing up to 10 percent of an appropriation for design costs in order to minimize disruptions in a project's timeline. Examples include, but are not limited to: ■ Instances where grantees are experiencing delays or other difficulties in raising the non -state share of funds necessary to complete a project; or ■ Instances where unexpected or unpredictable circumstances dramatical- ly alter the fundraising environment. In such cases, grantees must demonstrate that they have sufficient funds to complete the design phase. Grants are subject to an administrative fee Commerce Community Capital Facilities is authorized to retain funds from each award to cover all administration costs —this is our sole source of funding. We will be deducting 3 percent (up to $50,000) from 2017-2019 Capital Budget grants. The project budget included in your grant contract will use this net grant amount rather than the total appropriation. State (as opposed to federal) prevailing wages are required of your project as of January 19, 2018 if it includes construction labor. This publication is available in an alternative format upon request. Events sponsored by Commerce are accessible to persons with disabili- ties. Accommodations may be arranged with a minimum of 10 working days notice by calling (360) 725-3075. COMMUNITY CAPITAL FACILITIES — COMPETITIVE GRANT PROGRAM GUIDELINES FOR 2017-2019 — 5 Packet Pg. 364 9.4.e Funds will lapse at the end of the biennium, on June 30, 2019. We will request a reappropriation of any unspent funds but cannot guarantee that the Legislature will agree to do so. 8. Contract development We will draft a contract when a grantee meets all contracting require- ments. The first step in that process is to fill out our Working Papers. This form will help us determine if your pro- ject is ready to begin the contracting process. Contracts take about six weeks to execute once all needed information is provided to us. 9. Accessing your funds Funds are available once a contract is executed. Grantees have the flexibility to cash out their grant or draw down funds as frequently as once a month. Requests for reimbursement must be submitted on an A-19 form supplied by Commerce. An individual authorized by the grantee organization must sign each A -19 submitted. Copies of invoices and proof of payments that clearly document the expenses claimed must accompany all requests for payment. A Status Report and sub- contractor information are also required. After the contract is executed you will receive instructions on how to sub- mit a reimbursement request. Incomplete or improperly prepared submissions may result in payment delays. Grantees are responsible for maintaining clear and accurate project records, and making them accessible to Commerce and the State Auditor. Site visits during construction and after completion may be scheduled. 10. Amending a contract A contract may be amended if proposed changes operate within the legislative intent of the appropriation, however amending the scope of your contract may not be possible if the proposed changes vary significantly from your original project. 11. Reappropriations Washington operates under a biennial (or two-year) budget. Each appropriation in the 2017-2019 Capital Budget must, by law, lapse at the close of the biennium (June 30, 2019). Since many projects take more than two years to complete, Commerce will How should in -kind donations be handled? In -kind donations may be applied to a non -state match requirement. Eligible donations include property, labor (except when donated by an applicant's paid staff), materials, or equipment as long as their value can be properly assessed and documented. We treat in -kind professional and nonprofessional labor differently. Professional labor is calculated at the rate a volunteer would normally charge for his or her services (be sure to document these costs with invoices). Nonprofessional labor is calculated at $15 per hour. This can be documented with a memo itemizing the type of work done and number of hours worked by your volunteers. We reserve the right to make the final determination regarding the acceptability of in -kind contributions and their estimated value. 6 — COMPETITIVE GRANT PROGRAM GUIDELINES FOR 2017-2019 — COMMUNITY CAPITAL FACILITIES Packet Pg. 365 9.4.e automatically request a reappropriation of any unspent funds. However, we cannot guarantee that the Legislature will agree to extend funding, nor can we legally obligate funds from one biennium to another. Grant recipients are advised to discuss pending reappropriations with their legislators prior to the beginning of the legislative session in which the reappropriation is expected to occur. 12. Change of ownership Most capital projects must be held by the grantee for a minimum of 10 years from the date of final payment and be used for the same purpose expressed in the application and/or contract. Under certain conditions a facility may be sold if proceeds from the sale are used to purchase another facility that will be used for the same purpose. 13. Eligible costs These funds may generally be used to pay for the following construction - related expenses incurred as far back as July 1, 2014: ■ design, architectural, and engi- neering work; ■ building permits/fees; ■ archeological/historical review; ■ construction labor and materials; ■ demolition/site preparation; ■ capitalized equipment; ■ information technology infra- structure (cables and wiring); ■ construction management (from external sources only)*; ■ initial furnishings**; ■ landscaping; and ■ real property when purchased specifically for the project, and associated costs.*** 14. Ineligible costs Our grants are intended to fund bricks and mortar unless otherwise designated in the budget or supporting legislative materials. This is why the following costs are not eligible for reimbursement and cannot be used to match state funds: ■ internal administrative activities; ■ mortgage or loan payments; ■ project management (from any source); ■ fundraising activities; ■ feasibility studies; ■ computers or office equipment; ■ rolling stock (such as vehicles); ■ lease payments for rental of equipment or facilities; ■ any maintenance or operating costs; ■ property leases (including long- term); and ■ the moving of equipment, fami- ture, etc., between facilities. * Construction management and observation is on -site management and/or supervision of the work site and workers thereon. This is an eligi- ble project cost. Construction management does not include work performed by off -site consult- ants or consultant organizations, grant writers, project managers, or employees of the grantee, unless the employee is hired solely and specifi- cally to perform on -site construction manage- ment as defined above. ** Furnishings and equipment are considered eligible project costs as long as the average useful life of the item purchased is 13 years or more. *** Costs directly associated with property acquisition include appraisal fees, title opinions, surveying fees, real estate fees, title transfer taxes, easements of record, and legal expenses. Our grants are intended to fund "bricks and mortar" type expenses unless otherwise designated in the Capital Budget or supporting legislative materials. COMMUNITY CAPITAL FACILITIES — COMPETITIVE GRANT PROGRAM GUIDELINES FOR 2017-2019 — 7 T 0 T A L F 0 R I Packet Pg. 366 9.4.e Community Capital Facilities Mailing address: P.O. Box 42525, 1011 Plum Street SE, Olympia, WA 98504-2525 Main phone: (360) 725-3075 Email: capprograms@commerce.wa.gov Web: http://www.commerce.wa.gov Packet Pg. 367 9.4.f When Recorded Return To: Washington State Department of Commerce Community Capital Facilities 1011 Plum Street SE SAMPLE ONLY Post Office Box 42525 Olympia, Washington 98504-2525 Contract Manager: «Contract Manager and_phone» LEASEHOLD DEED OF TRUST Grantor (Lessee): The Edmonds Senior Center Beneficiary (Lender): Department of Commerce Grantee (Trustee): Legal Description (abbreviated) Assessor's Tax Parcel ID#: Contract Number: K Title)) ,.DTN SW in 2 25 A.. "' ri27032300104200 40-0000 000)� THIS LEASEHOLD DEED OF TRUST (hereinafter called "Deed of Trust") is made this day of , 20_, _between The Edmonds Senior Center, a Washington onon oft organiz^fion) nonprofit corporation, whose mailing address is P.O. Box 717 „n,.,....,:.,a4ier_Stfee... _ _ Edmonds, WA 98020 as Grantor ("Lessee"); ««Title Company>> Trustee_name», whose mailing address is «Trustee_ Street_ City State_Zip>> as Trustee ("Trustee"); and the Washington State Department of Commerce, or its successor agency, as Beneficiary ("Beneficiary"), whose address is 1011 Plum Street SE, P.O. Box 42525, Olympia, Washington 98504-2525. 1. Grant. Lessee hereby irrevocably grants, bargains, sells and conveys to Trustee in trust, with power of sale, the following described property in ((Go -f)>Snohomish County, Washington (hereinafter called "Leasehold Estate"): That certain leasehold estate (hefeina fte - lle "leasehold estate"`, together with and including all right, title and interest of Graeter-Lessee therein, which said leasehold estate embraces and covers the real property hereinafter described, situated, lying in the City of , Edmonds, County of ((Go yoSnohomish, State of Washington, and is more particularly described as: The leasehold estate created by that certain Lease (hereinafter called " Lease") dated the 15 day of AApril, 20 1_executed by and between ,the City of Edmonds, a , Washington municipal corporation, as Lessor, and _ The Edmonds Senior Center, a Washington „OF ,. pe--n np .,.fi._,..:b..4_u n _ete))nonprofit corporation, as Lessee, for a term of forty (40) years beginning on the 15th day of AApril, 20 19, which tie -Lease was recorded on the day of Packet Pg. 368 9.4.f , 20 , as Instrument No. , in the Office of the County Auditor of <<County>>, state of Washington, and covers the following described property: «Full legal_descript>> TOGETHER WITH all right, title and interest of Lesser -Lessee in and to all options to purchase, options of first refusal and renewal options with respect to the Lease or said property or any portion thereof or any interest therein and in and to any greater estate in said property (including the fee simple estate) as may be subsequently acquired by or released to Lessee. TOGETHER WITH all interest, estate or other claims, both in law or equity, which Lessee now has or may hereafter acquire in said property. 1.1. The Lease shall not be modified or changed in anyway without the written consent of Beneficiary. 1.2. Lessee shall leimmediately furnish Beneficiaryed with all Notices of Default served by Lessor of the Lease on Lessee. 1.3. In the event Gfanter-Lessee shall fail to make payment due on the Lease or to perform any term or covenant as provided therein, in addition to any such default constituting a default under this Deed of Trust, Beneficiary may, at its option, make the defaulted payments or perform the term or covenant and add the same to the amount due under this Deed of Trust without waiving any of its rights under this Deed of Trust and the Note which it secures. 1.4. If both the Lessor's and the Lessee's estate under the Lease shall at any time become vested in one owner, this Deed of Trust and the lien created hereby shall not be destroyed or terminated by the application of the doctrine of merger, and in such event, Beneficiary shall continue to have and to enjoy all of the rights, title, interest and privileges of Beneficiary as to the separate estates. In addition, foreclosure of said property shall not destroy or terminate the Lease by application of the doctrine of merger or as a matter of law or as a result of foreclosure unless Beneficiary or any purchaser at foreclosure sale shall so elect. In the event that Lessee shall, at any time prior to the payment in full of all indebtedness secured by this Deed of Trust, acquire fee simple title to said property, such fee simple title shall not merge with the leasehold estate encumbered by this Deed of Trust, but such fee simple title shall immediately, without further action on the part of the Lessee, become subject to the lien hereof. In the event of such acquisition by Lessee, Lessee agrees to execute and deliver to Beneficiary such further instruments, conveyances and assurances as Beneficiary may reasonably require in order to further confirm and assure that the fee simple title so acquired by Graxtor Lessee is subject to the terms, provisions and lien of this Deed of trust. The provisions of this paragraph shall not apply in the event Beneficiary acquires the fee of said property, except if Beneficiary shall so elect. Said Prope ypippertyis not used for agricultural or farming purposes. 2. Obligations Secured. This deed is given for the purpose of securing payment in the amount of «Grant loanwritten» dollars («Grant loan Number») payable by the Lessee to the Beneficiary evidenced bye a Promissory Note between ((Organization—Name:�The Edmonds Senior Center and the Washington State Department of Commerce dated 2019 and;_2) Community Capital Facilities Contract Number «Contract_ Number» between ((Organization —Name —))The Edmonds Senior Center and Washington State Department of Commerce as now or hereafter amended, securing performance of each term and condition of said Contract and Promissory Note, together with all future advances. 3. Lien Priority. This need of Trust shall be in a lie priority posh., against the Proper,,. Packet Pg. 369 9.4.f 4. Protection of Security. To protect the security of this Deed of Trust, Lessee covenants and agrees: 4. L To keep the Prope ypropertyin good condition and repair; to permit no waste thereof; to complete any building, structure or improvement thereon which may be damaged or destroyed; and to comply with all laws, ordinances, conditions and restrictions affecting the property. 4.2. To pay before delinquent all lawful taxes and assessments upon the Prope yproper1y; to keep the Prop roe free and clear of all other charges, liens, or encumbrances impairing the security of this Deed of Trust. 4.3. To keep all buildings now or hereafter on the Prope yproT�eM continuously insured against loss by fire or other hazards in an amount not less than the replacement cost of the Preperty ro ei Except as otherwise provided herein and in the Contract the amount collected under any insurance policy may be applied upon any indebtedness hereby secured in such order, as the Beneficiary shall determine, subject to the rights of any senior lien -holder. Such application by the Beneficiary shall not cause discontinuance of any proceedings to foreclose this Deed of Trust. In the event of foreclosure, and subject to the rights of the Beneficiary or beneficiaries of any senior deed of trust, all rights of Lessee in insurance policies then in force shall pass to the purchaser at the foreclosure sale. 4.4. To defend any action or proceeding purporting to affect the security hereof or the rights or powers of Beneficiary or Trustee, and to pay all costs and expenses, including cost of title search and attorney's fees in a reasonable amount, in any such proceeding, and in any suit brought by Beneficiary to foreclose this Deed of Trust. 4.5. To pay all costs, fees and expenses in connection with this Deed of Trust, including the expenses of the Trustee incurred in enforcing the obligation secured hereby and Trustee's and attorneys fees actually incurred, as provided by statute. 4.6. Should Lessee fail to pay when due any taxes, assessments, insurance premiums, liens, encumbrances or other charges against the Pfepe yproperly, Beneficiary may, but shall not be obligated, to pay the same, and the amount so paid shall be added to and become a part of the debt secured by this Deed of Trust. 5. General Conditions. The parties hereto agree that: 5.1. In the event of any fire or other casualty to the Prepe yproperty or eminent domain proceedings resulting in condemnation of the Prepe yproTeror any part thereof, Lesser -Lessee shall have the right to rebuild the PrapefPfp1gper1y, and to use all available insurance or condemnation proceeds therefore, provided that (a) such proceeds are sufficient to keep the loan in balance and rebuild the Prep ro er in a manner that provides adequate security to the Beneficiary for repayment of the loan, or if such proceeds are insufficient to provide adequate security or to keep the loan in balance, then Cfaete�Lessee has funded any deficiency, (b) Beneficiary shall have the right to approve plans and specifications for any major rebuilding and the right to approve disbursements of insurance or condemnation proceeds for rebuilding under a construction escrow or similar arrangement, and such approval shall not be unreasonably withheld, and (c) no material default then exists under tithe Contract, the Note, or the Deed of Trust or the Coven -PA. If the casualty or condemnation affects only part of the Prep yproper1y and total rebuilding is infeasible, then such insurance and/or condemnation proceeds may be used for partial rebuilding and partial repayment of the loan in a manner that provides adequate security to the Beneficiary for repayment of the remaining balance of the loan. 5.2. By accepting payment of any sum secured hereby after its due date, Beneficiary does not waive its right to require prompt payment when due of all other sums so secured or to declare default for failure to so pay. Packet Pg. 370 9.4.f 5.3. The Trustee shall reconvey all or any part of the Pr-ope ypropertycovered by this Deed of Trust to the person entitled thereto on written request of the Granter --Lessee and the Beneficiary, or upon satisfaction of the obligations secured and written request for reconveyance made by the Beneficiary or the person entitled thereto. 5.4. Power of Sale. Pursuant to Chapter 61.24 of the Revised Codes of Washington and upon default by C4anter--Lessee without timely cure and after written notice of thirty (30) days in the payment of any indebtedness secured hereby or in the performance of any agreement contained herein, all sums secured hereby shall immediately become due and payable. In such event and upon written notice of Beneficiary, the prepey-Leasehold Estate shall be sold, in accordance with the Deed of Trust Act of the State of Washington, at public auction to the highest bidder. Any person may bid at the Trustee's sale. Subject to the rights of thebeaTBeneficiary or beneficiaries of any senior deed of trust, the proceeds of the sale shall be applied as follows: (1) to the expense of the sale, including a reasonable Trustee's fee and attorney's fee; (2) to the obligation secured by this Deed of Trust; (3) the surplus, if any, shall be distributed to the person or persons entitled thereto. 5.5. A Trustee shall deliver to the purchaser at the sale its deed, without warranty, which shall convey to the purchaser the interest in the pr-aperfLeasehold Estate which Lessee had or had the power to convey at the time of the execution of this Deed of Trust, and such as Lesseeef may have acquired thereafter. Trustee's deed shall recite the facts showing that the sale was conducted in compliance with all the requirements of law and of this Deed of Trust, which recital shall be prima facie evidence of such compliance and conclusive evidence thereof in favor of a bona fide purchaser for value. 5.6. The power of sale conferred by this Deed of Trust and by the Deed of Trust Act of the State of Washington is not an exclusive remedy; Beneficiary may cause this Deed of Trust to be foreclosed as a mortgage. 5.7. Beneficiary may at any time appoint or discharge the Trustee. 5.8. This Deed of Trust applies to, inures to the benefit of, and binds all parties hereto and their successors and assigns. The terms "Lessee," "Trustee," and "Beneficiary" include their successors and assigns. 6. Acceleration. Except as otherwise provided for in the eentFae Contract, if without Beneficiary's prior written consent, all or any part of the Pfope yproperty or any interest in it is sold, conveyed, transferred, encumbered, or the Br -op roper is not used as required by the ^^Contract between Beneficiary and Lessee, Beneficiary may, at its option, require immediate payment in full of all sums secured by this Deed of Trust. However, this option shall not be exercised by Beneficiary if exercise is prohibited by federal law as of the date of this Deed of Trust. If Beneficiary exercises this option, Beneficiary shall give Lessee notice of acceleration. The notice shall provide a period of not less than thirty (30) days from the date the notice is delivered or mailed within which Lessee must pay all sums secured by this Deed of Trust. If Lessee fails to pay these sums prior to the expiration of this period, Beneficiary may invoke any remedies permitted by this Deed of Trust without further notice or demand on Lessee. IN WITNESS HEREOF, «Organization Name_» has executed this Deed of Trust on the day of , 20 «Organization_ Name_», a Washington «Org_type_nonprofit_tribal HA etc» corporation 4 Packet Pg. 371 9.4.f Print Name: Title: E O L Y m L L c m U L O C N Co N C O E W L O Y E L d C O N L d .0 R U- Q U E E O U N 7 LL r 4- 0 LO N m O CD O N r+ C d E L V 2 a+ Q Packet Pg. 372 9.4.f STATE OF WASHINGTON ) ) ss. COUNTY OF «County>> ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of « Organization_Name_>> a Washington «Org_type_nonprofit_ tribal _HA_etc>> corporation, to be the free and voluntary act and deed of such party for the uses and purposes mentioned in the instrument. (seal or stamp) Date: Notary Public in and for the State of Washington, residing at My commission expires Print Name Print Name: Title: C� a Washington Packet Pg. 373 9.4.f REQUEST FOR FULL RECONVEYANCE TO BE USED ONLY WHEN ALL OBLIGATIONS HAVE BEEN PAID AND ALL DUTIES PERFORMED UNDER THIS DEED OF TRUST. TO: TRUSTEE: The undersigned as the party entitled to the performance, benefits, duties, and payments under the Community Capital Facilities Contract oContract_Number» Cf between aeter-Lessee and Beneficiary, which is secured by this Deed of Trust and other legal documents. The obligations thus secured have been fully paid, duties performed and satisfied, and you are hereby requested and directed, on payment to you of any sums owing to you under the terms of said Deed of Trust, including Contingent Interest, to cancel evidence of indebtedness secured by said Deed of Trust delivered to you with said Deed of Trust, and to reconvey, without warranty, to the parties designated by the terms of said Deed of Trust, all the estate now held by you hereunder. Dated Name Title Packet Pg. 374 9.4.g Organization *** SAMPLE *** PROMISSORY NOTE -Leasehold $ WA Date: FOR VALUE RECEIVED, The Edmonds Senior Center ("Grantee"), a Washington non- profit corporation, promises to pay in lawful money of the United States of America, to the order of State of Washington Department of Commerce, Capital Programs Unit or its successor agency ("Grantor") at 1011 Plum Street, SE, Post Office Box 42525, Olympia, Washington 98504-2525, the principal sum of $ $4 000 000 or so much thereof as may be advanced hereunder. This Note is subject to the terms and conditions of the Capital Programs Unit Grant Agreement, Grant Number ("Contract") executed between the Grantee and the Grantor pursuant to which Grantor has awarded Grantee funds for the purposes outlined in the Contract (the "Award"). Disbursement of the funds evidenced by this Note is to be made subject to the terms and conditions of the Contract. Grantee agrees that a schedule of the dates and amounts of advances and repayments on this Note certified by an officer of Grantor shall be conclusive evidence for all purposes of such dates and amounts. All amounts payable hereunder shall be paid without any set-off or deduction of any nature. Grantor has no expectation of repayment of the Award so long as the award funds are used according to the conditions set out in the Contract. If the Award is not used as required by the Contract for a period of ten (10) years as required in the Contract, Grantor shall be entitled to the unpaid principal balance of this Note with interest at a rate of 5%, compounded annually. In case Grantee defaults under this Note, Grantee agrees to pay all of Grantor's costs of collection, including but not limited to, reasonable attorneys fees incurred by Grantor or the holder of this Note whether or not suit is instituted. If any legal proceedings are instituted relating to this Note, including without limitation any arbitration, bankruptcy, trial, or appellate proceedings, Grantee will pay Grantor's costs, including reasonable attorneys fees in all such proceedings. Grantee hereby waives presentment and demand for payment, notice of dishonor, protest, notice of protest, and any other notice not specifically required by the Contract. This Note is secured by a Leasehold Deed of Trust covering property situated in , Edmonds, Washington, and shall be construed, enforced and otherwise governed by the laws of the State of Washington. Notwithstanding anything to the contrary herein, Grantee, its assigns and their respective officers, employees, agents and contractors shall have no personal liability for payment of the indebtedness evidenced hereby or performance of the covenants set forth in this Note, in the Leasehold Deed of Trust or in this -the Contract, and the recourse of the holder hereof shall be confined to the exercise of its rights under the Leasehold Deed of Trust, provided that nothing shall diminish the Grantee's liability for damages or deficiencies resulting from theft, waste, fraud, material misrepresentation and misuse of rents. a Washington nonprofit corporation By: Executive Director Packet Pg. 375 9.5 City Council Agenda Item Meeting Date: 10/15/2019 Authorization for the Mayor to sign a Professional Services Agreement with Tetra Tech for the Ballinger Regional Facility Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On October 8, 2019, staff presented this item to the Parks & Public Works Committee and it was forward to October 15th meeting to be presented to full Council for approval. Staff Recommendation Authorize the Mayor to sign the Professional Services Agreement. Narrative The adopted 2019 budget included funding to initiate a feasibility study and pre -design steps for a proposed regional infiltration facility at the City -owned Mathay-Ballinger Park. Lake Ballinger is traditionally plagued with urban flooding, algae blooms from poor water quality, invasive vegetation, and temperature stratification. The project seeks to improve water quality and temperature conditions in Lake Ballinger by treating and infiltrating a portion of the runoff from the basin, which includes the heavily urbanized Highway 99 corridor. As a regional facility, the intent is to allow extra capacity to account for future development, including the future Highway 99 project. By providing a facility which perforates the confining soil layer, the project would increase the amount of infiltration achieved with new development. After completion of the project, new development could be required to buy credits within the system to meet their stormwater mitigation requirements, in lieu of installing a private facility on -site. Elements of preliminary work include continued data gathering and testing of the soils on -site to ensure site suitability, studying potential revisions to the drainage system to increase the amount of runoff treated, and exploring several feasible facility options. One public meeting to consider resident input and one council presentation of the draft study are planned within the scope of work. The goal is to have a document with which the City can pursue additional design and construction funding. Final design would not occur until the next phase of the project and is not currently budgeted. The professional service fee for this agreement is $324,869 and it will be funded by the stormwater utility fund. Staff is pursuing approval of this agreement in order to get data collection initiated in time to get valuable wet -season data from this winter. Packet Pg. 376 9.5 Attachments: Tetra Tech Agreement Packet Pg. 377 9.5.a CITY OF EDMONDS DAVE EARLING MAYOR 700 Main Street • EDMONDS, WA 98020 • 425-771-0320 • FAX 425-771-0253 Website: www.edmondswa.gov PROFESSIONAL SERVICES AGREEMENT THIS AGREEMENT ("Agreement") is made and entered into between the City of Edmonds, hereinafter referred to as the "City", and Tetra Tech, Inc. hereinafter referred to as the "Consultant"; WHEREAS, the City desires to engage the professional services and assistance of a consulting firm to provide services to prepare a feasibility report and pre -design (30%) plans, specifications and estimate (PS&E) for a regional stormwater facility in a portion of Mathay Ballinger Park in regards to the Lake Ballinger Regional Stormwater Facility Project; NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and between the parties hereto as follows: 1. Scope of work. The scope of work shall include all services and material necessary to accomplish the above mentioned objectives in accordance with the Scope of Work that is marked as Exhibit A, attached hereto and incorporated herein by this reference. 2. Payments. The Consultant shall be paid by the City for completed work for services rendered under this Agreement as provided hereinafter. Such payment shall be full compensation for work performed or services rendered and for all labor, materials, supplies, equipment and incidentals necessary to complete the work. A. Payment for work accomplished under the terms of this Agreement shall be on a time and expense basis as set forth on the Fee Schedule that is marked as Exhibit B, attached hereto and incorporated herein by this reference; provided, in no event shall the payment for work performed pursuant to this Agreement exceed the sum of three hundred and twenty four thousand, eight hundred and sixty nine dollars ($324,869). B. All vouchers shall be submitted by the Consultant to the City for payment pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each voucher to the Consultant. The Consultant may submit vouchers to the City biweekly during the progress of the work for payment of completed phases of the project. Billings shall be reviewed in conjunction with the City's warrant process. No billing shall be considered for payment that has not been submitted to the City three days prior to the scheduled cut-off date. Such late vouchers will be checked by the City and payment will be made in the next regular payment cycle. 1 Packet Pg. 378 9.5.a C. The costs records and accounts pertaining to this Agreement are to be kept available for inspection by representatives of the City for a period of three (3) years after final payment. Copies shall be made available upon request. 3. Ownership and use of documents. All research, tests, surveys, preliminary data and any and all other work product prepared or gathered by the Consultant in preparation for the services rendered by the Consultant under this Agreement shall be and are the property of the Consultant, provided, however, that: A. All final reports, presentations and testimony prepared by the Consultant shall become the property of the City upon their presentation to and acceptance by the City and shall at that date become the property of the City. B. The City shall have the right, upon reasonable request, to inspect, review and copy any work product during normal office hours. Documents prepared under this agreement and in the possession of the Consultant may be subject to public records request and release under Chapter 42.56 RCW. C. In the event that the Consultant shall default on this Agreement, or in the event that this Agreement shall be terminated prior to its completion as herein provided, the work product of the Consultant, along with a summary of work done to date of default or termination, shall become the property of the City and tender of the work product and summary shall be a prerequisite to final payment under this Agreement. The summary of work done shall be prepared at no additional cost. 4. Time of performance. The Consultant shall perform the work authorized by this Agreement promptly in accordance with the receipt of the required governmental approvals. 5. Indemnification / Hold harmless agreement. The Consultant shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses, demands, or suits at law or equity arising from the acts, errors or omissions of the Consultant in the performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the Consultant and the City, its officers, officials, employees, and volunteers, the Consultant's liability, including the duty and cost to defend, hereunder shall be only to the extent of the Consultant's negligence. The Consultant shall comply with all applicable sections of the applicable Ethics laws, including RCW 42.23, which is the Code of Ethics for regulating contract interest by municipal officers. The Consultant specifically assumes potential liability for actions brought by the Consultant's own employees against the City and, solely for the purpose of this indemnification and defense, the Consultant specifically waives any immunity under the state industrial insurance law, Title 51 RCW. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. 6. General and professional liability insurance. The Consultant shall obtain and keep in force during the term of this Agreement, or as otherwise required, the following Packet Pg. 379 9.5.a insurance with companies or through sources approved by the State Insurance Commissioner pursuant to Title 48 RCW. Insurance Coverage A. Worker's compensation and employer's liability insurance as required by the State. B. Commercial general liability and property damage insurance in an aggregate amount not less than two million dollars ($2,000,000) for bodily injury, including death and property damage. The per occurrence amount shall be written with limits no less than one million dollars ($1,000,000). C. Vehicle liability insurance for any automobile used in an amount not less than a one million dollar ($1,000,000) combined single limit. 2 D. Professional liability insurance in the amount of one million dollars ($1,000,000). a) Excepting the Worker's Compensation Insurance and Professional Liability Insurance secured by the Consultant, the City will be named on all policies as an additional insured. The Consultant shall furnish the City with verification of insurance and endorsements required by the Agreement. The City reserves the right to require complete, certified copies of all required insurance policies at any time. All insurance shall be obtained from an insurance company authorized to do business in the State of Washington. The Consultant shall submit a verification of insurance as outlined above within fourteen days of the execution of this Agreement to the City. No cancellation of the foregoing policies shall be effective without thirty days prior notice to the City. The Consultant's professional liability to the City shall be limited to the amount payable under this Agreement or one million dollars ($1,000,000), whichever is the greater, unless modified elsewhere in this Agreement. In no case shall the Consultant's professional liability to third parties be limited in any way. 7. Discrimination prohibited. Consultant shall not discriminate against any employee or applicant for employment because of race, color, religion, national origin, age, sex, sexual orientation, marital status, veteran status, liability for service in the armed forces of the United States, disability, or the presence of any sensory, mental or physical handicap, or any other protected class status, unless based upon a bona fide occupational qualification. 8. Consultant is an independent contractor. The parties intend that an independent contractor relationship will be created by this Agreement. No agent, employee or representative of the Consultant shall be deemed to be an agent, employee or representative of the City for any purpose. Consultant shall be solely responsible for all acts of its agents, employees, representatives and subcontractors during the performance of this Agreement. 9. City approval of work and relationships. Notwithstanding the Consultant's status as an independent contractor, results of the work performed pursuant to this Agreement must meet the approval of the City. During pendency of this Agreement, the Consultant shall not perform work for any party with respect to any property located within the City of Edmonds or for any project subject to the administrative or quasijudicial review of the City without written notification to the City and the City's prior written consent. Packet Pg. 380 9.5.a 10. Termination. This being an Agreement for professional services, either party may terminate this Agreement for any reason upon giving the other party written notice of such termination no fewer than ten (10) days in advance of the effective date of said termination. 11. Integration. The Agreement between the parties shall consist of this document, it's Appendices 1 & 2, the Scope of Work attached hereto as Exhibit A, and the Fee Schedule attached hereto as Exibit B. These writings constitute the entire Agreement of the parties and shall not be amended except by a writing executed by both parties. In the event of any conflict between this written Agreement and any provision of Exhibits A or B, this Agreement shall control. 12. Changes/Additional Work. The City may engage Consultant to perform services in addition to those listed in this Agreement, and Consultant will be entitled to additional compensation for authorized additional services or materials. The City shall not be liable for additional compensation until and unless any and all additional work and compensation is approved in advance in writing and signed by both parties to this Agreement. If conditions are encountered which are not anticipated in the Scope of Work, the City understands that a revision to the Scope of Work and fees may be required. Provided, however, that nothing in this paragraph shall be interpreted to obligate the Consultant to render services, or the City to pay for services rendered, in excess of the Scope of Work in Exhibit A unless or until an amendment to this Agreement is approved in writing by both parties. 13. Standard of Care. Consultant represents that Consultant has the necessary knowledge, skill and experience to perform services required by this Agreement. Consultant and any persons employed by Consultant shall use their best efforts to perform the work in a professional manner consistent with sound practices, in accordance with the schedules herein and in accordance with the usual and customary professional care required for services of the type described in the Scope of Work. 14. Non -waiver. Waiver by the City of any provision of this Agreement or any time limitation provided for in this Agreement shall not constitute a waiver of any other provision. 15. Non -assignable. The services to be provided by the Consultant shall not be assigned or subcontracted without the express written consent of the City. 16. Covenant against contingent fees. The Consultant warrants that s/he has not employed or retained any company or person, other than a bona fide employee working solely for the Consultant, to solicit or secure this contract, and that s/he has not paid or agreed to pay any company or person, other than a bona fide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or resulting from the award of making of this Agreement. For breach or violation of this warranty, the City shall have the right to annul this Agreement without liability or, in its discretion to deduct from the contract price or consideration, or otherwise recover, the full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 17. Compliance with laws. The Consultant in the performance of this Agreement shall comply with all applicable Federal, State or local laws and ordinances, including regulations for licensing, certification and operation of facilities, programs and accreditation, and Packet Pg. 381 9.5.a licensing of individuals, and any other standards or criteria as described in the Agreement to assure quality of services. Beause this Agreement is subject to federal nondiscrimination laws, the Consultant agrees that the provisions of Appendix 1 & 2, attached hereto and incorporated herein by this reference, apply to this Agreement. The Consultant specifically agrees to pay any applicable business and occupation (B & O) taxes which may be due on account of this Agreement. 18. Notices. Notices to the City of Edmonds shall be sent to the following address: City of Edmonds 121 Fifth Avenue North Edmonds, WA 98020 Notices to the Consultant shall be sent to the following address: Tetra Tech, Inc. 1420 Fifth Avenue, Suite 600 Seattle, WA 98101 Receipt of any notice shall be deemed effective three days after deposit of written notice in the U.S. mails, with proper postage and properly addressed. DATED THIS DAY OF , 2019. CITY OF EDMONDS TETRA TECH INC. By David O. Earling, Mayor Its ATTEST/AUTHENTICATED: Scott Passey, City Clerk APPROVED AS TO FORM: Office of the City Attorney Packet Pg. 382 9.5.a STATE OF ) )ss COUNTY OF ) On this day of 2019, before me, the undersigned, a Notary Public in and for the State of , duly commissioned and sworn, personally appeared to me known to be the person who executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said person, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the day and year first above written. NOTARY PUBLIC My commission expires: Packet Pg. 383 APPENDIX 1 CONTRACT (Appendix A of USDOT 1050.2A Standard Title VI Assurances) During the performance of this Agreement, the Consultant/Contractor, for itself, its assignees, and successors in interest (hereinafter collectively referred to as the "Consultant/Contractor") agrees as follows: 1. Compliance with Regulations: The Consultant/Contractor shall comply with the acts and regulations relative to nondiscrimination in federally -assisted programs of the United States Department of Transportation (USDOT), Title 49, Code of Federal Regulations, Part 21 (49 CFR 21), as they may be amended from time to time (hereinafter referred to as the Regulations), which are herein incorporated by reference and made a part of this Agreement. z 2. Nondiscrimination: The Consultant/Contractor, with regard to the work performed by it during the Agreement, shall not discriminate on the grounds of race, color, national origin, sex, age, disability, L income -level, or LEP in the selection and retention of subcontractors, including procurement of materials and leases of equipment. The Consultant/Contractor shall not participate directly or indirectly in the discrimination prohibited by Section 21.5 of the Regulations, including employment practices when the Agreement covers any activity, project, or program set forth in Appendix B of 49 U CFR 21. LL Solicitations for Subcontracts, Including Procurements of Materials and Equipment: In all solicitations, either by competitive bidding, or negotiation made by the Consultant/ Contractor for work to be performed under a subcontract, including procurement of materials, or leases of equipment, each potential subcontractor or supplier shall be notified by the Consultant/Contractor of the Consultant's/Contractor's obligations under this Agreement and the Regulations relative to nondiscrimination on the grounds of race, color, national origin, sex, age, disability, income -level, or LEP. Information and Reports: The Consultant/Contractor shall provide all information and reports required by the Regulations and directives issued pursuant thereto, and shall permit access to its books, records, accounts, other sources of information, and its facilities as may be determined by the City or the appropriate state or federal agency to be pertinent to ascertain compliance with such Regulations, orders, and instructions. Where any information required of a Consultant/Contractor is in the exclusive possession of another who fails or refuses to furnish the information, the Consultant/Contractor shall so certify to the City, or state or federal agency, as appropriate, and shall set forth what efforts it has made to obtain the information. Sanctions for Noncompliance: In the event of the Consultant's/Contractor's noncompliance with the nondiscrimination provisions of this Agreement, the City shall impose such contract sanctions as it or the appropriate state or federal agency may determine to be appropriate, including, but not limited to: • Withholding of payments to the Consultant/Contractor under the Agreement until the Consultant/Contractor complies; and/or • Cancellation, termination, or suspension of the Agreement, in whole or in part. 6. Incorporation of Provisions: The Consultant/Contractor shall include the provisions of the above paragraphs one (1) through five (5) in every subcontract, including procurement of materials and leases of equipment, unless exempt by the Regulations, or directives issued pursuant thereto. The Consultant/Contractor shall take such action with respect to any subcontractor or procurement as the City or appropriate state or federal agency may direct as a means of enforcing such provisions, including sanctions for noncompliance. Provided, that if the Consultant/Contractor becomes involved in, or is threatened with, litigation by a subcontractor or supplier as a result of such direction, the Consultant/ Contractor may request that the City enter into such litigation to protect the interests of the City; or may request that the appropriate state agency enter into such litigation to protect the interests of the State of Washington. In addition, the Consultant/Contractor may request the appropriate federal agency enter into such litigation to protect the interests of the United States. Packet Pg. 384 9.5.a APPENDIX 2 CONTRACT (Appendix E of USDOT 1050.2A Standard Title VI Assurances) During the performance of this contract, the contractor, for itself, its assignees, and sccessors in the interest (hereinafter referred to as the "contractor") agrees to comply with the following non-discrimintation statutes and authorities; including but not limitied to: Pertinent Non -Discrimination Authorities: • Title VI of the Civil Rights Act of 1964 (42 U.S.C. § 2000d et seq., 78 stat. 252), (prohibits discrimination on the basis of race, color, national origin); and 49 CFR Part 21. • The Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, (42 U.S.C. § L 4601), (prohibits unfair treatment of persons displaced or whose property has been acquired because of Federal or Federal -aid programs and proejcts); • Federal -Aid Highway Act of 1973, (23 U.S.C. § 324 et seq.), (prohibits discrimination on the basis of — sex); • Section 504 of Rehabilitation Act of 1973, (29 U.S.C. § 794 et seq.), as amended, (prohibits U. discrimination on the basis of disability); and 49 CFR Part 27; • The Age Discrimination Act of 1975, as amended, (42 U.S.C. § 6101 et seq.), (prohibits ° discrimination on the basis of age); • Airport and Airway Improvement Act of 1982, (49 U.S.C. § 471, Section 47123), as amended, (prohibits discrimination based on race, creed, color, national origin, or sex); c • The Civil Rights Restoration Act of 1987, (PL 100-209), (Broadened the scope, coverage and = applicability of Title VI of the Civil Rights Act of 1964, The Age Discrimination Act of 1975 and m Section 504 of the Rehabilitation Act of 1973, by expanding the definition of the terms "programs or .. activities" to include all of the programs or activities of the Federal -aid recipients, sub -recipients and r_ contractors, whether such programs or activities are Federally funded or not); • Titles II and III of the Americans with Disabilties Act, which prohibit discrimination on the basis of > disability in the operation of public entities, public and private transportation systems, places of public accommodation, and certain testing entities (42 U.S.C. §§ 12131-12189) as implemented by Department of Transportation regulations at 49 C.F.R. parts 37 and 38; • The Federal Aviation Administration's Non -Discrimination statute (49 U.S.C. § 47123) (prohibits discrimination on the basis of race, color, national origin, and sex); • Executive Order 12898 , Federal Actions to Address Environmental Justice in Minority Populations a and Low -Income Populations, which ensures discrimination against minority populations by discouraging programs, policies, and activities with disproportionately high and adverse human health or environmental effects on minority and low-income populations; r • Executive Order 13166, Improving Access to Services for Person with Limited English Profcency, and resulting agency guidance, national origin discrimination includes discrimination because of r limited English proficiency (LEP). To ensure compliance with Title VI, you must take reasonable steps to ensure the LEP person have meaningful access to your programs (70 Fed. Reg. at 74087 to 74100); • Title IX of the Education Amendments of 1972, as amended, which prohibits you from discriminating Q because of sex in education programs or activities (20 U.S.C. 1681 et seq). Packet Pg. 385 9.5.a Exhibit A — Scope of Services City of Edmonds Lake Ballinger Regional Stormwater Facility The objective of this agreement is to provide professional services necessary to prepare a feasibility report and pre -design (30%) plans, specifications, and estimate (PS&E) for a regional stormwater infiltration facility in a portion of Mathay Ballinger Park. The feasibility report will model the Lake Ballinger Subwatershed and determine the area that can be intercepted, treated and infiltrated from the facility. This may require some rerouting of stormdrain within the subwatershed to increase the area currently being directed to the facility. The feasibility study will develop alternative facility configurations to address the water quality and City objectives. The alternatives will be evaluated based on agreed upon evaluation criteria which may include directed public input to select two preferred alternatives to be advanced to pre -design (30% design) stage. Once the alternatives have been established, the financial structure for the facility will be investigated. The financial analysis will include a sustainable model to maintain the facility and a •5 model to demonstrate the mechanisms that can be used to finance the construction and maintenance U. of this facility. c The regional stormwater facility is a priority capital project recommended in the 6 year capital improvement plan, with the primary goal to provide stormwater mitigation for Lake Ballinger. L The infiltration and treatment will provide multiple hydrologic and biological benefits to Lake Ballinger and McAleer Creek such as: reducing the flood risks adjacent to these waterways, _ reducing the amount of pollutants in the aquatic environment, and reducing the temperature of m influent stormwater. N Consultant Tetra Tech, with support of subconsultants, will complete the feasibility report and c advance two alternatives to pre -design (30% PS&E preparation) in accomplishing this Scope of Services. A detailed breakdown of the proposed fee is included in Exhibit B Duration The project budgeting and fee estimate are based upon an 8-month duration for feasibility and pre - design, assuming the Consultant will receive notice -to -proceed (NTP) in October 2019, and the project will have a complete pre -design by the end of June 2020. Services The Consultant shall perform the following tasks in accomplishing the Scope of Services. Task 1— Project Management, Coordination and Reporting This task provides for administration of the contract between the Consultant and the City, preparation of monthly progress reports and quality control. The task includes administrative efforts needed to coordinate with subconsultants and to complete the project on time and within budget. Subtasks will include the following: Packet Pg. 386 9.5.a 1.1 Prepare monthly progress reports for inclusion with the invoice and invoice review. 1.2 Prepare bi-weekly email status reports summarizing work accomplished that week, work planned for the following week, and any outstanding issues. 1.3 Prepare Subconsultant Agreements. 1.4 Provide ongoing project management. 1.5 Prepare project plan. Deliverables: 1. Monthly progress reports and invoices z as Task 2 —Data Collection and Field Investigation L Existing conditions site information will be investigated and detailed to provide baseline conditions for the project site and surroundings. It is anticipated that required access will be on easements, publicly -owned lands and rights -of -way. Access to private property to collect data and do survey work will be gained through permission from local residents that the City would obtain. Li Sub -tasks will include the following: 2.1 Civil. Collect and review existing plans, GIS data, survey, and data available from City Public Works Department and City Department of Parks & Recreation. Interview the city to determine existing problem areas. Collect and review relevant City and other design standards and criteria. Conduct site reconnaissance of existing drainage facilities and to field verify survey features and completeness. Photo document project limits. 2.2 Hydrogeologic/Geotechnical. Perform subsurface explorations, underground injection control (UIC) well installation and testing, infiltration analysis, groundwater mounding analysis, laboratory testing, groundwater level monitoring, interaction with Ecology, and analysis and reporting, for the Lake Ballinger Regional Facility. For a complete description of the geotechnical work proposed, refer to Exhibit C. 2.2 Survey. For a complete description of the survey work proposed, refer to Exhibit D. Deliverables: 1. Base map and DTM in AutoCAD or Civil 3D format 2. Hydrogeologic/Geotechnical report Task 3 — Modeling and Alternatives Analysis Tetra Tech will work from existing models to develop alternatives to meet modify the existing HSPF model, develop a SWMM hydraulic model and develop up to 6 alternatives. Two alternatives will be advanced to pre -design (30% PS&E) 2 Packet Pg. 387 9.5.a 3.1 Hydrologic Model. Using the existing hydrologic model for the Lake Ballinger watershed, Tetra Tech will modify the model to include the insertion of the regional facility and any associated conveyance redirection. 3.2 Hydraulic Model. Using available conveyance system data and project specific survey information, the project will create a SWMM model to simulate the existing condition and the proposed condition, once the facility is developed. 3.3 Alternatives Development. This task will develop alternatives to serve a target contributing area to maximize the use of the proposed facility. Tetra Tech will present the model results and discuss the options with Edmonds prior to going into detailed alternatives analysis. Alternatives will include: z • Contributing Area Configurations. Based on modeling, will present options for connecting I contributing areas. The capacity estimate of the facility may limit the amount of area served by the park. • Storage configurations. Options considered will include subsurface vaults, gravel galleries and UIC wells Treatment system configurations. The treatment system will include pretreatment for ease of maintenance and suitable enhanced treatment to ensure compliance with UIC regulations. The enhanced treatment portion will consider surface treatments that may be viewed as amenities as well as vault systems for easier integration within the park. 3.4 Alternatives Analysis. The agreed upon set of priorities, including cost -benefit considerations, will be used to rank the potential configurations. The two highest ranking alternatives will be analyzed for performance. 3.5 Performance Modeling. The two selected alternatives will be modeled and optimized for performance to meet the agreed upon priorities. The performance measures will include the anticipated capacity of the system in terms of redevelopment area served. Task 4 — Feasibility Report Development 4.1 Draft Pre -Design Report. A report will be developed to document all of the configurations that were analyzed as well as the performance of the anticipated facilities. The draft report will be provided to Edmonds for review and comment. This report will also serve as documentation of the anticipated performance and rationale for alternative redevelopment criteria. 4.2 Final Pre -Design Report. The report will address the comments from Edmonds and finalize the report to document two alternatives to develop the regional facility. Deliverables: 1. Draft Feasibility Report 2. Final Feasibility Report Task 5 - Construction Pre -Design Documents (30% PS&E) Packet Pg. 388 9.5.a 4.1 30% PS&E. Consultant will produce 30-percent complete plans, outline specifications and cost estimate and will submit electronic copies for City review and comment. The plan set will include Landscape Plans. A detailed scope and cost estimate is included as Exhibit E. The documents will include: • Cover Sheet showing Sheet Index, vicinity map, and general notes • Survey control and abbreviations sheet • Off -site Plan View Sheets (2 sheets), Sowing the connections from the stormwater system to the facility. • Facility Plan View Sheet (2 sheets), showing grading plans, edge of street, approximate limits of right-of-way lines, topographic features, and drainage conveyance through and discharging into the existing storm conveyance system. This sheet will also show the clearing limits. • Facility Profile sheets (2 sheets) showing inlet pipe, facility, and outlet pipe profile • Details (2 sheets) showing typical cross -sections and drainage details • Landscape plan (from Groundswell) (2 sheets) showing planting plan and details, and U. identifying plant species, location and spacing c • List of measurement and pay items, quantities, and Opinion of Cost for Construction at 30% design • QA/QC Review of the 30% documents a� Task 6— Funding Analysis 6.1 Crediting and Financial Framework. Building on the performance modeling in Task 3.4, a crediting system will be developed such that the facility may be clearly tied to redevelopment activities. There will also be a financial framework prepared to determine the sustainable model for funding the construction and operation of the facility. For more detail on the framework development, refer to Exhibit F. Task 7— Support Services 7.1 Utility Coordination. The surveyor and Tetra Tech will identify and interface with potential utility conflicts. 7.2 Easement/Ownership Investigation. This task will review the existing documentation of the ownership/easement status pertaining to areas surrounding the stormwater facility. If the existing documentation is unclear with regards to the right to install and maintain a stormwater facility with the park limits, those deficiencies will be noted for resolution between Edmonds and the owner. This task does not include resurveying existing boundaries or providing a new legal boundary. 7.3 Council Presentation. Prepare and lead, with city staff assistance, a presentation to council on the progress/ results of the feasibility study. One presentation is anticipated to require an approximate 30 minute slide show presentation using existing graphics from the reports. 0 Packet Pg. 389 9.5.a 7.4 Community Outreach. Support Edmonds at 2 community outreach meetings. One meeting will occur after the site constraints are developed and alternatives will be considered. The community can provide input on the prioritization criteria rather than the specifics of the design. The second meeting will occur once two specific alternatives are developed. Tetra Tech will provide content and graphics support including a rendering of the two alternatives. Edmonds will be responsible for providing advertisement and presenting information on their website. Deliverables: 1. Easement/Ownership Memo and Exhibit 2. Council presentation slideshow 3. Introductory Presentation to develop priorities 4. Presentation of two alternatives for community feedback 2 d Task 8— Permits and Approvals 8.1 UIC Application. Develop a memo and application to document how the proposed facility will meet with UIC regulations. Includes time to clarify and respond to comments on the memo. 8.2 Alternative Redevelopment Compliance. Provide a cover letter to detail how the feasibility report documents an approach that will comply with the NPDES Redevelopment Criteria. Attend one meeting with Ecology to discuss approach. Respond to Ecology comments on approach. Deliverables: 1. UIC application and Memo 2. Alternative Redevelopment Compliance Approach Cover letter 3. Response to Ecology comments on approach Packet Pg. 390 9.5.a Exhibit B a Packet Pg. 391 9.5.a EXHIBIT B: Estimate of Professional Services Tetra Tech, Inc. 1420 Fifth Avenue, Suite 600 Seattle WA 98101 (206) 883-9300 (206) 883-9301 (FAX) CLIENT: PROJECT: Lake Ballinger Infiltration Facility P.D. No.: Proj. No.: Date: 9/3( _ Phase Description TETRA TECH EXPENSES 1.05 i SUBS Q, 1.05 SUB- PH TOTALS TO] Principal Engineer Project Manager Lead Engineer Sr Engineer I Engineer Engineer -In- TrainingDesi Sr CAD er2 Sr. Limnologist Project Assismat Clerical Totals Task Labor Phase Labor Travel / Meals Printing / Reports Computer / CAD Misc. Total Expenses I AESI Geotechnical ]Alliance Survey Groundswell Landscape FCS Financial Total Subs. I 1.0 Project Administration $19,000 $19 1.1 Progress reports and invoice review 8 months 4 8 4 6 22 $3 336 $3 336 1.2 Prepare bi-weekly email status reports 1 8 17 1 1 1 25 $4,985 $4,985 1.3 Prepare subconsultant agreements 2 12 2 16 $2,898 I $2,898 1.4 Provide ongoing project management (I hr/wk) 35 35 $6,755 $6,755 1.5 Prepare Project Plan 1 1 2 2 6 $1,026 $1,026 2.0 Data Collection and Field Investigations $4.1 1 1 $101 2.1 Civil 1 5 1 6 13 $2141 $50 $53 $2194 2.2 Hydrogeologic/Geotechnical 1 4 5 $985 $74,500 $78,225 $79,210 2.3 Survey 1 4 1 5 $985 $23,106 $24,261 $25,246 I 3.0 Modeling and Alternatives $28,917 $36 3.1 Hydrologic Model 1 3 1 1 30 5 1 40 $5 371 $50 $53 $5 424 3.2 Hydraulic Model 1 6 1 40 1 1(l 57 $7,631 $50 $53 $7,684 3.3 Alternative Development 10 5 1 15 $2,575 $7,200 $7,560 $10,135 3.4 Alternative Analysis 15 20 5 5 2 47 $8,568 $8,568 3.5 Performance Modeling I 1 6 20 5 33 $4,772 $4,772 4.0 Feasibility Report $31,616 $20 1 S21 $23 279 $31 4.1 Draft Pre -design Report 5 80 1(l 25 12 2 134 $23,258 4.2 Final Pre -design Report 5 20 5 10 8 2 50 $8,358 S20 S21 $8,379 5.0 Construction Bid Documents 5.1 Thirty -percent (30%) PS&E (2 alternatives - 10 sheets) $44,880 1 1 $66 5.1.1 Coordination Meeting 1 4 10 15 $3 053 3 053 5.1.2 Special Provisions Outline 4 1 4 $772 $772 5.1.3 Prepare Plans 4 80 20 60 20 40 224 $35,092 $35,092 5.1.4 Cost Estimate 2 6 12 20 $3,852 $3,852 5.1.5 Landscaping 1 2 3 $599 1 I $20,820 $21,861 $21,861 5.1.6 QA/QCReview 8 8 $1,512 $1,512 6.0 Funding Analysis $2,667 1 $31 6.1 Crediting and financial framework 1 4 8 13 $2 667 $27 800 $29 190 $31 857 7.0 Support Services 1 $14,251 1 $22 7.1 Utility coordination 4 8 12 $1804 $1804 7.2 Easement/Ownership Investigation 4 4 $772 $5,264 1 $5,527 $6,299 7.3 Council Presentation 1 2 6 2 2 4 17 $2,841 $50 $20 $74 $2,914 7.4 Community outreach 1 4 32 6 1 6 1 49 $8,835 $50 $20 $74 $2,500 $2,625 $11,533 8.0 Permits andApprovals $7,701 $1C 8.1 UIC Application 4 8 4 1 1 1 16 $2,912 $50 $53 $2,500 $2,625 $5,590 8.2 Alternative Redevelopment Compliance 1 4 12 8 2 27 $4,789 $50 $53 $4,841 TOTAL HOURS 1 7 1 75 1 408 1 56 1 229 67 50 9 4 10 915 $153,142 S153,142 $350 $80 1 $452 S77,000 1 $28,370 1 $30,520 $27.800 S171,875 S324,869 $324 BILLING RATE 1 $270.67 1 $213.00 1 $193.00 1 $189.00 1 $129.00 $110.00 $127.00 1 $159.00 $118.00 SUBTOTALS $1,895 1 $15,975 1 $78,744 1 $10,584 1 $29,541 $7,370 1 $6,350 1 $1,431 $472 TOTAL ESTIMATED WAGES $78.00 Notes: 1. Direct Job Wages and number of hours are for estimating purposes only. Invoices will be based on actual wages and hours of staff assigned to the project. $780 $153,142 2. Direct job wages are subject to change to reflect periodic adjustments in Tetra Tech salary levels. Q O:\Marketing\PROPOSALS\Edmonds, City ofl2019_Lake Ballinger Regional Facility Feasibility Study\l3_Project Setup\Fee Estimate Lake Ballinger Regional Facility Draft 6.xlsT & M_C+FF 10/3/201911:00 AM Packet Pg. 392 9.5.a EXHIBIT B: Estimate of Professional Services Tetra Tech, Inc. CLIENT: City of Edmonds 1420 Fifth Avenue, Suite 600 Seattle WA 98101 PROJECT: Lake Ballinger Infiltration Facility (206) 883-9300 (206) 883-9301 (FAX) P.D. No.: Proj.No.: Date: 9/3( 1_ SUB- PH Principal Project Lead Sr Engineer Engineer Engineer -In- Sr CAD Sr.Limnologist Project Clerical Totals Task Labor Phase Labor Travel / Printing / Computer / Total AESI ]Alliance Survey Groundswell FCS Financial Total Subs. Phase Description En 'neer Mana er Engineer 1 Training Desi erg Assistnat Meals R orts CAD Misc. Expense Geotechnical Landsca e J Subtotal $324,869 Total $324,869 Fee Distribution z 1.0 Project Administration $19,000 N 2.0 Data Collection and Field Investigations $106,650 M 3.0 Modeling and Alternatives $36,582 4.0 Feasibility Report $31,658 5.0 Construction Bid Documents $66,142 6.0 Funding Analysis $31,857 7.0 Support Services $22,551 v 8.0 Permits and Approvals $10,431 LL c O N L d m N C O y d r C d E d d L Q c.i L r r r E c.i a O:\MarketingTROPOSALMdmonds, City ofl2019_Lake Ballinger Regional Facility Feasibility Study\l3_Project Setup\Fee Estimate Lake Ballinger Regional Facility Draft 6.xlsT & M_C+FF 1013/201911:00 AM Packet Pg. 393 9.5.a Exhibit C a Packet Pg. 394 9.5.a a s s o c i a t e d earth sciences i n c o r p o r a t e d September 27, 2019 Project No. 190395H001 Tetra Tech, Inc. 1420 Fifth Avenue, Suite 650 Seattle, Washington 98101 Attention: Mr. Greg Gaasland Subject: Scope of Work and Cost Estimate Lake Ballinger Regional Facility Feasibility Study Mathay-Bal linger Park Edmonds, Washington Dear Mr. Gaasland: Thank you for the opportunity to present our Scope of Work for subsurface explorations, underground injection control (UIC) well installation and testing, infiltration analysis, groundwater mounding analysis, laboratory testing, groundwater level monitoring, interaction with Ecology, and analysis and reporting, for the Lake Ballinger Regional Facility. SCOPE OF WORK The tasks included in our scope of work are presented below. Task 1— Planning, Field Preparation, Subcontractor Coordination This task includes planning, field preparation, and coordination of site activities Task 2 — UIC well construction/testing We propose to construct a test UIC well within the footprint of the proposed infiltration facility. The UIC well would be constructed as a gravel -filled, 24-inch-diameter boring advanced using a Kirkland Office 1911 Fifth Avenue I Kirkland, WA 98033 P 1425.827.7701 F 1425.827.5424 Everett Office 1 2911 %2 Hewitt Avenue, Suite 2 1 Everett, WA 98201 P 1425.259.0522 F 1425.827.5424 Tacoma Office 1 1552 Commerce Street, Suite 102 1 Tacoma, WA 98402 P 1253.722.2992 F 1253.722.2993 www.aesgeo.com Packet Pg. 395 9.5.a Lake Ballinger Regional Facility Scope of Work and Edmonds, Washington Cost Estimate subcontracted solid -stem auger drilling rig. The target depth of the test UIC well is approximately 30 feet below current ground surface. For planning purposes, it is assumed that a 30-inch diameter steel casing will be installed in the upper 22 feet of the UIC well to isolate the well from shallow, perched groundwater and fines intrusion into the UIC well. A PVC piezometer (water level measuring port) and a PVC conveyance pipe would be installed to the base of the boring, and the boring would be backfilled with washed gravel. Subsurface conditions will be documented and select samples will be retained in watertight containers for further analysis. For the UIC well infiltration test, water will be discharged at a known rate into the conveyance pipe, and the water level (head) developed within the well will be measured in the piezometer. A measuring tape with 0.01-foot divisions and data logger will be used to record water levels. The head within the pit drain would be brought to a semi -steady state and maintained for several hours. During the test, depth to water, flow rate, and total flow would be recorded at approximately 5- to 15-minute intervals. Site impacts may include shallow ruts from the tracks in the grass, and small amounts of scattered soil. Ideally, the water supply for testing would be a nearby fire hydrant, and that the City would provide access to the hydrant. If a hydrant is not available for testing, we would engage a subcontracted water truck and tank. For budgeting purposes, costs in this proposal assume a hydrant is not available at the park, and a water truck would need to shuttle water between an offsite hydrant and a temporary water tank staged near the infiltration test location. Aquifer testing (using slug testing methods) of the existing monitoring well will also be completed as part of this Task. The costs in this proposal are based on a 3 to 4-day field effort: 1 day would be required to drill and construct the UIC well, one day would be required for well development/gravel settlement, 1 full day would be required for the infiltration test, and one-half to one day would be required for aquifer testing in the existing monitoring well. Task 3 — Geotechnical Borin Subsurface exploration will be completed to maximum depths of 60 feet using a subcontracted hollow -stem auger drilling rig, to gain additional geotechnical design parameters for construction. Sediment samples will be collected at 2.5- to 5-foot intervals using the standard penetration test (SPT) method. The samples will be described in the field, placed in water -tight containers, and transported to AESI's in-house soils laboratory for further classification and testing as required. September 27, 2019 ASSOCIATED EARTH SCIENCES, INC. SST11d— 190395HO01-1 —Projects � 20190395�KH � WP Page 2 Packet Pg. 396 9.5.a Lake Ballinger Regional Facility Edmonds, Washington Task 4 — Infiltration Analvsis Scope of Work and Cost Estimate Field data from the infiltration test, soil borings, and slug testing will be evaluated, and we will derive design infiltration parameters. The data will be compared to our in-house UIC data base for comparison and evaluation as appropriate. Task 5 — Groundwater Mounding Analvsis We propose to perform a ground water mounding analysis for the proposed infiltration facility. Ground water mounding can occur when surface water is introduced into an infiltration facility at a higher rate than ground water can flow away from the area beneath the facility. The introduced water can "mound" on the ground water table or on a less -permeable silty interbed within the receptor sands and gravels during a storm event. When the storm event is over and water is not being introduced to the system, the mound will dissipate. The mounding analysis is used to simulate the maximum ground water mound beneath the facility during a design storm series. The ground water mounding analysis will be performed using the MODRET computer modeling program. This program uses the Greene and Ampt model for the unsaturated subsurface analysis, and the USGS MODFLOW program for saturated conditions. This analysis will require input parameters and inflow hydrographs to be provided by the project civil engineer/hydrologist. The modeling will be used to help simulate the maximum ground water mound height. The mound height will be compared to the design high water elevation of the facility. The results of the ground water mounding analysis will be presented in a letter -report. The groundwater mounding analysis will require infiltration facility design parameters and inflow hydrographs from the civil engineer/surface water modeler. Task 6 — Laboratory Testin Select sediment samples from the UIC boring and geotechnical borings will be submitted to AESI's soils laboratory for grain size distribution analysis and moisture content, which will assist us in assessing infiltration potential. We will obtain a sample of groundwater from the onsite monitoring well and submit the sample to a laboratory for water quality testing. Parameters will include pH, specific conductivity, turbidity, total nitrate, nitrate+nitrite, total coliforms, total dissolved solids, total organic carbon, total lead, zinc, and phosphorus. September 27, 2019 ASSOCIATED EARTH SCIENCES, INC. SST11d— 190395HO01-1 —Projects � 20190395�KH � WP Page 3 Packet Pg. 397 9.5.a Lake Ballinger Regional Facility Edmonds, Washington Task 7 — Groundwater Level Monitori Scope of Work and Cost Estimate Ground water level monitoring would be conducted for a period of one year within the existing groundwater monitoring well. Groundwater level monitoring will be conducted to record water level response to precipitation events during the 2019-2020 rainy season, and to identify a seasonal high groundwater level. An electronic pressure transducer/data logger will be installed in the well, which will record water levels on an hourly basis. We will visit the site after the first month of monitoring, and then on a quarterly basis to conduct manual water level measurements, and to download the data logger. Groundwater level data will be compiled and summarized in a technical memorandum provided at the end of the one-year monitoring period. Task 8 — UIC Regulatory - Interaction with Ecology This task includes interaction with Ecology related to the Demonstrative Approach requirements for UIC well registration. Task 9 — Analysis/Report Preparation After completion of field and laboratory activities, we will prepare a preliminary hydrogeological/geotechnical report which will include: • A site plan showing each the approximate exploration/test locations in relation to the proposed infiltration facility. • Interpretive exploration logs with a description of soil and ground water conditions encountered in the exploration borings. • Laboratory testing reports. • Summary of site surface conditions. • Summary of soil, geology, and ground water conditions at the site. • Our opinion regarding the suitability of the proposed location of the infiltration facility. • Infiltration evaluation and design infiltration rates based on infiltration testing, grain -size correlations, site variability, and depth to ground water. September 27, 2019 ASSOCIATED EARTH SCIENCES, INC. SST11d— 190395HO01-1 —Projects � 20190395�KH � WP Page 4 Packet Pg. 398 9.5.a Lake Ballinger Regional Facility Scope of Work and Edmonds, Washington Cost Estimate • A review of regional aquifer ground water data collected in on -site wells and assessment of potential impacts from infiltration of treated stormwater. • Recommendations for further study, if required. Task 10 — Design Team Mtgs/Consultation z This task includes interaction with the design team and meetings as required as the infiltration design evolves. This task includes up to two meetings. as Cost Estimate Table 1 shows the estimated costs for the scope of work presented in this proposal. Table 1 Cost Estimate Task Cost Task 1 - Planning, Field Preparation, Subcontractor Coordination 4,500 Task 2 — UIC well construction/testing (subs plus AESI) 29,500 Task 3 — Geotechnical Borings (sub plus AESI) 8,700 Task 4 — Infiltration analysis 2,200 Task 5 — GW mounding analysis 4,000 Task 6 — Laboratory Testing 2,400 Task 7 — GW level monitoring 5,700 Task 8 — UIC regulatory - interaction w/ Ecology 2,500 Task 9 — Analysis/Report 14,500 Task 10 — Design Team Mtgs/Consultation 3,000 Total $77,000 September27, 2019 SST/Id—190395HO01-1— Projects�20190395�KH�WP ASSOCIATED EARTH SCIENCES, INC. Page 5 Packet Pg. 399 9.5.a Lake Ballinger Regional Facility Scope of Work and Edmonds, Washington Cost Estimate CLOSURE We are pleased to have this opportunity to work with you and are confident that our report will aid in the successful completion of your project. If you should have any questions, please do not hesitate to call. Sincerely, IP ASSOCIATED EARTH SCIENCES, INC. Kirkland, Washington as r U M U_ c 0 Curtis J. Koger, L.G., L.E.G., L.Hg. Senior Principal Geologist/Hydrogeologist September27, 2019 SST/Id—190395HO01-1— Projects�20190395�KH�WP ASSOCIATED EARTH SCIENCES, INC. Page 6 Packet Pg. 400 9.5.a Exhibit D a Packet Pg. 401 9.5.a I ALLIANCE GE❑MATICS SURVEYING & MAPPING MBE/DBE Dan Gariepy, P.E. Tetra Tech 1420 5t" Ave, Suite 600 Seattle, WA 98101 Dan.gariepy@tetratech.com Re: Professional Surveying Services Proposal — Surveying and Mapping City of Edmonds, Lake Ballinger Facility Feasibility Study Dear Dan, 26 September 2019 19-183 1 Alliance Geomatics, LLC (1 Alliance), is pleased to provide this proposal for professional surveying and mapping services in support of Tetra Tech on the City of Edmonds, Lake Ballinger Facility Feasibility Study project. Background Lake Ballinger is prone to seasonal flooding and water quality issues historically and the City seeks to develop a large-scale infiltration facility at the City -owned Mathay-Ballinger Park (24100 78t" Pl. W.). Protect Limits Project limits will include all of parcel 27043100402800 and extend to the projection of the west Right - of -Way of 78t" Pl. W. Southerly limits will include the parking area at the north end of 78t" Pl. W. and continue along the unopened Right -of -Way to the south boundary, and its extension, of parcel 00559300003402. A total of 5 areas will be mapped at existing storm structures and proposed storm tie-in positions that will extend 20' around the areas as shown in Exhibit A. 4 storm structures will be surveyed along 78t" Ave W and 13 storm structures will be surveyed along 76tn Ave W. as circled in Exhibit C — Offsite Storm. Please see Exhibit A— Surveying Limits, attached to this proposal. Please see Exhibit B — Parcel Map, for parcel depiction. 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261A 120t"Ave NE, Bellevue, WA 98005 1 Packet Pg. 402 9.5.a I ALLIANCE GE❑MATICS SURVEYING & MAPPING MBE/DBE Scope of Services 1. Surveying and Mapping 1.1. Survey PM, Admin, QA/QC This task includes the survey project management, administrative duties, and quality control required for a project of this complexity and magnitude. Depending on the project requirements, 1 Alliance will assign a Survey Project Manager, Assistant Project Manager, and Survey Quality Leader for this project. 1.2. Survey Control This task includes the establishment of survey control, or the recovery of existing survey control, as required for the project. Typically, survey control will be set, found, or referenced utilizing Real Time Kinematic (RTK) GPS (GNSS) and the Washington State Reference Network (WSRN) in conformance with industry standards. This survey control is then typically propagated, as required, utilizing standard terrestrial total station measurements. 1.2.1.Geodetic Survey Control A system of horizontal and/or vertical control stations that have been established and adjusted by geodetic methods and in which the shape and the size of the earth (geoid) have been considered in position computations. A geodetic datum is an abstract coordinate system with a reference surface that serves to provide known locations to begin surveys and create maps. 1.2.1.1. Horizontal Typically, survey work shall reference the Washington State Plane Coordinate System of 1983 as established in accordance with Chapter 58.20 Revised Code of Washington. 1.2.1.2. Vertical Typically, the Vertical Datum for the survey work shall reference the North American Vertical Datum of 1988 (NAVD88). 1.2.2.Cadastral Survey monumentation for the purpose of creating or reestablishing boundaries and/or tracts of land. 1.2.3.Units Units shall be in US Survey Feet 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261A 120t"Ave NE, Bellevue, WA 98005 2 Packet Pg. 403 9.5.a I ALLIANCE GE❑MATICS SURVEYING & MAPPING MBE/DBE 1.3. Field Surveying and Mapping This task includes the field surveying and mapping required for this specific effort. Topographic and Planimetric surveying services will be performed to support engineering design along this corridor. A combination of GPS and Total Stations will be utilized for data collection along the corridor. 1.3.1.Significant trees as defined by the City of Edmonds as any tree six inches or greater. Diameter measurement will be taken at 3.5 feet from the ground, (DBH). 1.3.2. Visible improvements situated within the described mapping limits. 1.3.3. Edge of pavement, gravel, grass, concrete, etc. 1.3.4. Channelization within the described mapping limits. 1.3.5.Ground measurements will be captured sufficient to generate a digital terrain model (DTM) at one -foot contours. 1.3.6. Channelization within the described mapping limits. 1.4. Utility Surveying Services 1.4.1.urface Observable utilities will be located as found within the surveying limits. Measure Downs for sewer manholes, catch basins and storm drain manholes with pipe size, material, direction, and invert elevations will be obtained, if possible, at each structure. Nearest drainage structure outside the mapping limits will also be collected. 1.4.2.Underground Conductible Utility Locates and Surveying. 1 Alliance will arrange for underground 'conductible' utility locating, typically by means of a third -party utility locate service. This service shall locate utilities within the project corridor limits. The consultant will reasonably rely upon the accuracy, timeliness, and completeness of the information provided by the utility locating service. Franchise utilities are typically marked by the franchise. Underground utilities to be mapped include power; natural gas; water; cable TV; telephone, and traffic. Fiber optic lines are typical marked in the field by the owner. 1.5. Office Processing This task includes the office processing of the collected survey data, data extraction, field book note reductions, CADD drafting, and other duties required for the generation of the deliverable(s). 1.6. Right -of -Way and Boundary Resolution(s) 1.6.1. Right -of -Way Resolve the unopened Right -of -Way and 78t" PI. W. within the project area. 1.6.2. Parcels 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261A 120t"Ave NE, Bellevue, WA 98005 3 Packet Pg. 404 9.5.a I ALLIANCE GE❑MATICS SURVEYING & MAPPING MBE/DBE Resolve the park boundary with provided title report(s) and underlying documents provided by others. Understandings 1. Safety will be considered more important than project delivery. Any unsafe conditions or situations will be reported to The Client for consideration of a solution. 1 Alliance will make an estimate if any safety issues possible affect the timing, schedule, or completeness of the surveying services. 2. Rights -of -Entry will be organized, granted, and confirmed by The Client or Others. 3. Permits will not be required for 1 Alliance's efforts. 4. 1 Alliance is not responsible for the quality, completeness, or timeliness of Subconsultants and/or the work of others. 5. A Record of Survey/setting of property corners is not a part of these services. 6. Tree driplines are not a part of these services. 7. Rights of entry, if needed, will be accomplished by others prior to dispatching the field crew. 8. 1 Alliance will not enter any conditions deemed unsafe and will notify the Client to resolve them should they arise. 9. A current title report(s) with underlying documents to be provided by the City. Deliverables 1. 2016, or newer, AutoCAD Civil 3D drawing file at 1"=20' with 1-foot contours 2. ASCII file of all points Level of Effort $28,370 (not to exceed) 1 Alliance appreciates the opportunity to present this proposal. If you have any questions, please feel free to call. Sincerely, 1 Alliance Geomatics, LLC Erik J. Van Buskirk, PLS Project Manager 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261A 120t"Ave NE, Bellevue, WA 98005 4 Packet Pg. 405 9.5.a I ALLIANCE GE❑MATICS SURVEYING & MAPPING MBE/DBE Exhibit A — Survey Limits 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261A 1201hAve NE, Bellevue, WA 98005 5 Packet Pg. 406 9.5.a I ALLIANCE J GE❑MATICS SURVEYING & MAPPING MBE/DBE Exhibit B — Parcel Map 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261A 120t"Ave NE, Bellevue, WA 98005 6 Packet Pg. 407 9.5.a I ALLIANCE GE❑MATICS SURVEYING & MAPPING MBE/DBE Exhibit C — Offsite Storm 1 Alliance Geomatics Bellevue I Everett I Tacoma I Portland Main 425.598.2200 1 Fax 425.502.8067 1261A 1201hAve NE, Bellevue, WA 98005 7 Packet Pg. 408 9.5.a NUMBER 19-183 F uva NAME Lk. Ballinger Facility CLIENT Tetra Tech a OWNER City of Edmonds Date 26-Sep-19 WSDOT OH - Loaded Rates l ALLIANCE by EJV J GEOMATICS ckd MG SLJPVFYINM & MAPPING MBE/DBE TASK Principal PM PLS CADD 5 CADD 3 TECH 5 TECH 3 ACCT APM ADMIN FEE $ 261.37 $ 183.82 $ 137.87 $ 127.33 $ 97.65 $ 127.33 $ 97.65 $ 133.56 $ 133.56 $ 81.86 No. DESCRIPTION HRS TASK 1 PM; Admin; QA/QC 20 2 4 8 2 2 2 $ 3,059 2 Survey Control 42 2 4 2 2 16 16 $ 5,388 3 Field Mapping 68 1 1 2 32 32 $ 7,920 5 Office Processing 45 1 4 8 32 $ 6,174 6 Boundary 38 2 4 16 8 8 $ 5,264 7 0 $ TOTAL HOURS 213 8 17 36 34 0 56 56 2 2 2 213 $ 2,090.96 $ 3,124.94 $ 4,963.32 $ 4,329.22 $ $ 7,130.48 $ 5,468.40 $ 267.12 $ 267.12 $ 163.72 $ 27,805.28 TOTAL DIRECT BURDENED SALARY COSTS $ 27,805 OTHER DIRECT COSTS MILEAGE (ONE WAY) 25 MILEAGE (TOTAL MILES) 352.8 $ 0.58 $ 0.580 DRAFT $ 205 number of field days 7 PER DIEM (DAYS) $ NOTES LODGING (DAYS) $ MATERIALS & SUPPLIES $ OTHER (DESCRIBE) $ SUE LOCATES APS estimate $ 360 TOTAL OTHER DIRECT COSTS $ 565 GRAND TOTAL FEE ESTIMATE $ 28,370 19-183 Lk Ballinger Facility - LOE.xlsx M:\2019\19-183 Lk Ballinger Facility\OOOOCON\0010Proposal\19-183 Lk Ballinger Facility - LOE.xlsx Packet Pg. 409 9.5.a Exhibit E a Packet Pg. 410 GROUNDSWELL LANDSCAPE ARCHITECTURE I URBAN DESIGN I PLANNING 9.5.a September 26, 2019 Dan Gariepy Tetra Tech 1420 5t" Avenue Seattle, WA 98101 z U Re: Lake Ballinger Regional Facility Feasibility Study IW R L Dear Dan: We appreciate the opportunity to submit the following proposal for the Lake Ballinger Regional Facility r Feasibility Study. We understand the scope of work is to analyze Mathay-Ballinger Park for use as a large scale infiltration facility and to coordinate its proposed footprint against the existing park uses, Ii maintenance expectations and existing trees. We will use the site survey, the hydrogeologic and geotechnical work, client and community input, and our analysis to inform the siting of the regional facility in order to minimize impacts to ongoing park uses and existing trees. Based on our understanding of the project, we propose the following scope of work: Task 1: Site Assessment (4 Months) We will evaluate the existing park site including existing tree locations, utilities, parking, BBQ areas, Picnic and Play Areas, and assess the communities general use of the space and how it functions. Our Site Analysis will include a thorough review of existing site conditions and adjacencies culminating in analysis diagrams that describe the attributes of the space. Based on the findings of the site analysis Groundswell will develop an opportunities and constraints memo to inform the siting of the infiltration facility. 1. Participate in a kickoff meeting to review project parameters, gather available materials, identify additional information requirements, define a preferred community outreach strategy and establish project timetable, scope and schedule. At the conclusion of the meeting, we will conduct a site visit with the City of Edmonds. 2. Review applicable plans, code requirements, policies, and environmental documents provided by City of Edmonds and Tetra Tech. Tetra Tech will provide Groundswell with a site survey and relevant soil tests and studies for review. We will assist Tetra Tech with the site survey request in order to capture all tree and site information necessary to create a comprehensive plan that will retain and protect all existing trees. 3. Review site survey and request any additional information, if necessary. 4. Develop one Site Analysis diagram based on the information obtained from the physical site visit and survey. We will locate all tree protection areas, natural and man-made features and circulation areas for consideration in the siting of the infiltration facility. 5. Prepare a base plan, based on the materials gathered. The base plan will be used as the basis for all future meetings. 600 FIRST AVENUE SEATTLE, WA 98104 P:206.388.2066 WWW.GROUNDSWELL.STUDIO Packet Pg. 411 GROUNDSWELL LANDSCAPE ARCHITECTURE I URBAN DESIGN I PLANNING 6. Attend client meeting #1 with the City of Edmonds and Tetra Tech. 7. Attend two meetings with the design team. 8. Prepare a memo that summarizes identified site opportunities and constraints. Task 2: Development of Alternatives (5 Months) We will present the findings from Task 1 at client meeting #2 to garner input on the Site Analysis, Opportunities and Constraints. We will then develop two alternatives that begin to define a collective vision for locating the infiltration facility within the park. 1. Attend client meeting #2. Present the findings of the Site Analysis and solicit input regarding the identified opportunities and constraints. 2. Conduct Open House #1. Present the findings of the Site Analysis, opportunities and constraints and garner input on how the park currently functions to help inform the proposed improvements. 3. Based upon the results of the site analysis, technical input, city and community feedback, we will develop a preliminary site diagram illustrating the areas most suitable for siting of the infiltration facility. 4. Confirm agreed upon design parameters of proposed infiltration facility, via conference call. 5. In collaboration with Tetra Tech and the design team, Groundswell will assist in the development of two site plan alternatives based on the approved design program and collective vision for the project. 6. Assist Tetra Tech with initial cost estimates for the two plan alternatives. 7. Attend client meeting #3 to review the two plan alternatives. 8. Conduct Open House #2 to solicit input on the two plan alternatives. 9. Incorporate comments and create one preferred plan alternative based on input received. 10. Assist Tetra Tech with preparation of a final cost estimate for the preferred plan alternative. 11. Attend client meeting #4 to review preferred plan alternative. 12. Incorporate comments and create final engineered landscape plans based on input received. 13. Assist Tetra Tech in development of project narrative and final feasibility report. FEES We propose the following fees: 1. Site Assessment 2. Development of Alternatives $7,200.00 $20,820.00 Total: $28,020.00 plus expenses We propose to bill monthly on a percentage of completion per phase. Expenses are additional and will be billed at 1.1 times our cost. 600 FIRST AVENUE SEATTLE, WA 98104 P:206.388.2066 WWW.GROUNDSWELL.STUDIO Packet Pg. 412 GROUNDSWELL LANDSCAPE ARCHITECTURE I URBAN DESIGN I PLANNING We recommend Tetra Tech allocate $2,500 to engage a certified arborist to review and advise on the two site plan alternatives relative to the protection and retention of the existing tree canopy. ASSUMPTIONS • Permitting is not included in this scope of work. • Redesign of the park features is not included in this scope of work. • Tetra Tech will prepare and distribute meeting notes. • The final Feasibility Report will be compiled by Tetra Tech. Groundswell will prepare necessary narratives and review the final document. Additional drawings or renderings, other than those noted above, will require additional services. • This scope of work assumes the project will be completed by July, 2020. • The limit of work for the above scope will be within the legal boundary of Mathay-Ballinger Park. Please contact me if you have any questions, require clarification, or if we can be of further assistance. We look forward to working with you. Sincerely, Chris Jones Principal -in -charge chris@groundswel I.studio Approved: Name and title Date 600 FIRST AVENUE SEATTLE, WA 98104 P:206.388.2066 WWW.GROUNDSWELL.STUDIO Packet Pg. 413 9.5.a Exhibit F a Packet Pg. 414 9.5.a CLIENT NAME Month, Year Project Name/Title page 1 LAKE BALLINGER REGIONAL FACILITY FEASIBILITY STUDY Funding — Proposed Task Plan The following task plan is intended to address long-term funding for the preferred Lake Ballinger regional facility alternative. Task 1 — Funding Options Analysis Given the potential scale of the improvements and the number of properties in the area to be served, an implementation and funding strategy will be very important. Task 1 includes a qualitative assessment of available funding options. Some of the options to be considered will include the following: • Local improvement district(s), resulting in assessments to the benefitting properties • Ratepayer funding » Citywide rates » Area -specific rates to apply only to areas benefitted by improvements • Bond (debt) funding, utilizing a second funding source to pay debt service • Capital Facilities Charge (CFC) funding, with CFCs payable upon development » Citywide CFCs » Area -specific CFCs • Grant/special loan program funding • Fees in lieu of on -site detention • Latecomer (reimbursement) agreements Considerations in the selection of the preferred funding approach would likely include. • Equity — An equity criterion would inform the solution with a discussion of who should pay for the needed improvements • Legal defensibility — Any solution must be designed to withstand a potential legal challenge • Practicality/Affordability — A practicality criterion would provide for a realistic evaluation of specific financial burden property owners would be expected to bear • Ease of administration — Some solutions, such as multiple LIDS, could require a high level of staff engagement and administration • Revenue sufficiency — The solution, whether making use of a single or multiple funding mechanisms, must be shown to provide enough revenue to meet the costs of improvements A draft memorandum will be prepared that summarizes the findings of the task and includes a recommended funding strategy. FC5 GRC)UP www.fcsgroup.com Packet Pg. 415 9.5.a CLIENT NAME Project Name/Title Month, Year page 2 Task 2 — Technical Analysis Task 1 recommendations would define any technical analysis that would be necessary. In Task 2, a summary level financial analysis would be performed for 3-4 of the most likely funding options. Task 2 Assumptions: • The analysis will be done for 3-4 options. Task 3 - Documentation hi Task 3, the consultant will prepare a draft memorandum that summarizes the methods and findings of the study and include an implementation plan for the preferred alternative. It would also describe the funding approach and provide supporting analysis. Task 3 Deliverables: • Draft Memorandum • Final Memorandum • Presentation to Council We propose to perform the above services for no more than $27,800. A detailed budget spreadsheet is provided below. Project Principal Manager Consultant Support Ghilarducci Task (# ofineetings noted in parentheses) $ 260 $ 185 $ 140 $ 85 1. Collect and Review Data i. data request / kickoff meeting (1) 2 4 4 - $ 1,820 2. Funding Options Evaluation i. compile range of options 2 4 8 - $ 2,380 ii. identify and apply criteria 4 8 16 - 4,760 iii. meet with staff (1) 4 4 4 - 2,340 3. Technical Analysis i. develop technical analysis 1 12 24 - $ 5,840 ii. meet with staff (1) 4 4 4 - 2,340 4. Documentation & Presentation i. prepare draft memo 2 4 24 - $ 4,620 ii. prepare final memo 1 2 4 - 1,190 iii. meet with Council (1) 4 2 4 4 2,310 Labor Pr Expenses Total Project Cost 24 Ir 44 92 4 $ 27,600 200 $ 27,800 .r Q F C S GR%UP www.fcsgroup.com Packet Pg. 416 10.1 City Council Agenda Item Meeting Date: 10/15/2019 Council funding for Sponsorship of the Martin Luther King Tribute Staff Lead: Council Department: City Council Preparer: Maureen Judge Background/History The Second Annual Rev. Dr. Martin Luther King Jr. - Inspiring a Beloved Community program will take place at the Edmonds Center for the Arts (ECA) on January 20, 2020. Last year over 1000 people attended this event that reached a community of local citizens who want to eliminate hatred, injustice and poverty in the neighborhoods where we live. Sponsorship funding will help reach low-income and of communities of color to encourage even greater participation in this event. Staff Recommendation Approve Narrative Council is asked to consider funding a $3,500 sponsorship for the 2020 Martin Luther Tribute event at ECA. Attachments: ML King Tribute Packet Pg. 417 Lift Every V6-ioe Legacy F}resents Tribute to Rev. Dr. Martin Luther Ki re g 01 J r. Jnspiring o &--bved Convrjun&/ O-n Song, Spoken Word and Dance Produced in parf nershipWith EdmondsCenferforthe Art4 January 21, 2019 F 0 p.m. Edmonds Center for the Arts 410 Fourth Avenue North Edmonds, W A 9502D &&NrWM PragFCwn & 1 verb For Fancies, Children and Youth Ka€eidoscope, Dcwn Company & NarltmdeSTEP 1 O al rrk to Noon Adnimim to Wfk program 6 Fne+e Evening ifibLiie Dr. C4ria Burgess, CEO & President -,Jazz International The Sound of tts NorH-KvestC H* Dieate-d by Juan Hvsy-Ray BarciayShelton Drone Centre Price arts Drams Jasrephrre HewEM & Band Special Prey tkm of the 9elove d Cornffa"ty Award Tic kefing & Information; E-CA Box OFFoe 426-2 7& 9595 o r ea4a rts, o rg Genera IAdrnsslon$10 Student~$V Ca,rro=Eve nt$1 Prewier Spornors Bwnaras u ated AAerKxistCMGh, Ham ML r F Un=+On, CAVID Gr- � A HootM Oorrwis!iim, Diam & Mepren YW ilt Larne L:ieveNmAtm, Cidyof Cdrx PacketPg.418 Ross L earrAe Griffin 10.2 City Council Agenda Item Meeting Date: 10/15/2019 City Attorney Evaluation Staff Lead: Tom Mesaros/Dave Teitzel Department: City Council Preparer: Maureen Judge Background/History City Council began the process of evaluating city attorney services with a questionnaire sent to the Mayor, the Directors and any other personnel Directors felt might offer input into the evaluation process. Staff Recommendation N/A Narrative Councilmembers Mesaros and Teitzel have attached results from the city attorney evaluation, the questionnaire, and a draft questionnaire to get information on in-house vs. external city attorney services for comparative cities. Attachments: Evaluation Tally 191004 City Attorney Evaluation Process 190731 Draft questions for comparative cities 191015 Packet Pg. 419 City of Edmonds 10.2.a Summary Scores from City Attorney Services Evaluation Respondents. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 Mean Score* Median Score* Question Numbers: 1.a 7 7 7 5 7 5 7 6 7 7 7 7 7 6.62 6.73 1.b 7 7 7 3 6 4 7 5 5 3 6 7 5 6 5.57 5.67 1.c 7 7 5 5 7 5 7 6 7 2 7 7 7 7 6.14 6.42 1.d 3 7 5 7 7 5.80 6.33 Le 7 6 7 5 7 6 7 7 7 6 7 7 7 6.62 6.73 1.f 6 7 4 5 7 6 7 1 7 7 7 6 5.83 6.20 1.g 7 7 6 3 7 7 6 7 1 4 7 7 6 5.77 6.09 2.a 7 7 6 5 6 5 7 6 7 2 6 7 7 6 6.00 6.25 2.b 7 7 7 6 7 5 7 6 7 1 7 7 7 6 6.21 6.50 2.c 6 7 7 4 7 4 7 6 6 5 7 6 6 6.00 6.09 2.d 5 7 7 5 7 5 6 6 7 6 6 6.09 5.00 2.e 5 7 6 2 4 3 7 6 6 7 7 7 7 5.69 5.91 2.f 6 7 6 5 6 4 7 5 7 2 6 7 7 6 5.79 6.00 2.g 6 7 5 5 6 5 7 6 6 4 7 7 7 5 5.93 6.00 2. h 6 7 5 3 5 5 7 2 6 7 6 6 5.42 5.60 2.i 7 7 6 3 7 2 6 6 5 7 6 5 5.58 5.80 2. j 7 7 5 3 7 2 5 5 6 7 5 6 5.42 5.60 3.a 6 7 4 4 4 7 6 7 7 7 6 6 5.92 6.00 3.b 7 7 5 6 4 7 7 7 7 7 6 5.83 5.90 3.c 7 7 5 7 5 7 7 7 7 7 7 7 6.67 6.80 3.d 7 7 6 7 6 7 7 7 7 7 6.80 6.88 3.e 7 7 4 6 5 7 6 7 7 7 6.30 6.50 3.f 7 7 3 4 5 6 7 6 7 7 7 6.00 6.22 Q October 4, 2019 Packet Pg. 420 City of Edmonds 10.2.a Summary Scores from City Attorney Services Evaluation 4.a 7 7 3 4 7 4 7 5 6 7 7 7 6 5.92 6.09 4.b 6 3 5 5 5 5 6 5 7 6 5 5.27 5.33 5.a 7 7 7 7 7 7 7 7 7 7.00 7.00 5.b 6 7 6 7 7 6 6.50 6.50 5.c 6 4 2 1 5 1 2 5 7 6 1 3.64 3.56 5.d 5 7 7 5 6 7 6 7 6 7 7 7 6.42 6.50 5.e 7 7 7 7.00 7.00 5.f 7 5 5 2 5 2 7 1 4 7 6 5 4.67 4.80 5.g 7 7 4 7 7 7 7 7 6.63 7.00 5.h 7 6 4 5 7 7 6 6 7 7 7 6.27 6.44 5A 7 7 4 3 7 7 6 6 7 7 7 6.18 6.44 6.a 6 6 1 4 3 7 4 5 1 5 7 5 4 4.46 4.55 6.b 7 7 7 5 7 4 7 5 6 2 6 7 5 6 5.79 6.00 6.c 7 7 5 4 7 5 7 5 5 2 7 7 7 6 5.79 6.00 6.d 7 5 4 5 7 5 7 4 4 2 6 7 6 5 5.29 5.25 6.e 6 6 4 5 5 7 4 5 2 4 7 6 6 5.15 5.27 6.f 6 7 1 2 3 7 4 6 1 5 7 6 4 4.54 5.10 6.g 7 7 7 5 7 5 6 6 7 7 7 6 5.92 6.50 6.h 6 7 1 5 7 5 7 6 1 6 7 7 6 5.46 5.73 6A 7 7 5 3 6 3 7 7 2 5 7 7 5 5.46 5.64 7.a 7 7 5 5 7 5 7 6 6 6 7 7 6 6.23 6.27 7.b 7 7 5 5 7 5 7 6 7 7 7 7 6 6.38 6.45 7.c 7 5 4 3 4 3 3 7 4 7 7 5 4.54 4.90 7.d 7 7 7 2 7 2 1 6 7 7 7 7 7 5.62 6.40 7.e 7 7 5 5 7 6 7 7 6 6.33 6.43 7.f 7 7 2 7 3 7 7 6 6 7 7 6.00 6.33 7.g 7 7 4 6 7 5 7 7 7 5 7 7 7 6 6.36 6.50 Q October 4, 2019 Packet Pg. 421 City of Edmonds 10.2.a Summary Scores from City Attorney Services Evaluation 7.h 7 7 4 4 1 6 7 6 5.25 5.67 7.j 7 6 7 6 7 7 7 7 7 1 6 7 7 6 6.29 6.67 7.k 7 7 5 5 7 6 7 6 7 7 7 7 7 6.54 6.64 7.1 7 7 2 7 1 7 3 5 6 7 5 6 5.25 5.50 Average Score 6.64 6.58 5.16 4.14 6.44 4.05 6.75 5.50 6.14 1.86 6.07 7.00 6.59 5.86 5.63 6.03 *Mean Score is the average of all the scores *Median Score eliminates one low score and one high score and then takes the average Blank Items Represent a Not Applicable Answer r Q October 4, 2019 Packet Pg. 422 10.2.b City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Purpose of Evaluation: The purpose of the performance evaluation process to be conducted by and between the City Council and the City Attorney are: 1. To strengthen the relationship between the City Attorney and the City's duly authorized constituents (City Council, Mayor, Directors, etc.) through clarification of the City Attorney's roles and responsibilities 2. To provide feedback to the City Attorney and identify areas where improvement may be needed 3. To determine whether the cost -to -service -level ratio is in balance (e.g. whether the City Attorney has performed satisfactorily given the resources allocated and whether those resources should be adjusted in the future) 4. To determine if it is time to develop an RFP to rebid our city attorney services and what might be included in those services for the city (current level of services and/or new levels: i.e. prosecuting attorney services, etc.) This process and policy recognizes that the current City Attorney is a private law firm retained by the City Council under contract with the City. In addition to this evaluation process, a parallel process will be undertaken to determine whether to switch to an "in-house" city attorney model and what the potential costs vs service levels that would be. Evaluation Procedure: The Mayor, the City Department Directors, or their designated managers and all City Council members will complete the evaluation form along with the current City Attorney. When Directors happen to know that a particular city employee, below the level of Director, has worked with the City Attorney's Office on a frequent basis, the Director should consult with those employees prior to completing the evaluation form or may ask those employees to complete their own form. Each form will identify the person completing the form so that that person can be contacted by City Council with follow up questions about any concerns raised. The completed forms will remain confidential and only reviewed by Council Members Mesaros and Teitzel. Please be candid with your feedback. It is very important to have accurate and full evaluation feedback to ensure we make fully informed decisions regarding Edmonds' legal representation. Once the evaluation forms have been completed, an aggregated summary copy of the forms --with all names, titles and contact information excluded-- will be submitted to the City Attorney's Office for review and comment. If any of the evaluation feedback raises performance concerns, those 0 City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 1 Packet Pg. 423 concerns will be discussed with the City Attorney by Council Members Mesaros and Teitzel prior to being reviewed with the full city council. The two council members will present the aggregated evaluation and any written response from the City Attorney to the City Council for their review. Unfortunately, City Council discussion of these documents may need to be limited due to Open Public Meetings Act (OPMA) rules. While the OPMA allows the City Council to review the performance of a public employee in executive session, it does not allow the City Council to review the performance of a contracted City Attorney in executive session. Furthermore, it is reasonably likely that any public discussion by the City Council of these documents could reveal or invite revelation of communications that would ordinarily to be protected under RPC 1.6 Confidentiality of Information. Therefore, if, upon review of these documents, certain council members may want to discuss the results of the evaluation with the City Attorney, it may be more appropriate to have council members meet individually and informally with the City Attorney. Completed evaluation forms should be returned directly to Maureen Judge at the council office for review by Council Members Mesaros and Teitzel by August 31, 2019. IF 2 w a� c `o a V City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 2 Packet Pg. 424 10.2.b City Attorney Performance Evaluation Form Please complete and return this form to by Reviewed by: Date of Review: Performance Evaluation: c Rate each item on a scale of 1 to 7 with 1 being low and 7 being high. For any ratings of 4 or lower, please provide additional explanation for the rating. Write "N/A" if the particular question is not applicable to your own interaction with the City Attorney. References herein to "City Attorney" w include all attorneys associated with Lighthouse Law Group PLLC, not a particular attorney. c L 1) Trustworthiness / Integrity / Ethical Compliance: a a. Does the City Attorney seem to understand that its client is the municipal v corporation and not any particular constituent that is authorized to act on behalf of the municipal corporation? ti b. Does the City Attorney execute its role in a manner that is fair to the various duly authorized constituents of the City of Edmonds (as opposed to taking a result - oriented approach where one constituent or set of constituents is favored over another constituent regardless of the law)? (7 for high levels of fairness; 1 for high levels of result -oriented approach) c. In general, has the City Attorney acted in the best interests of the municipal corporation? d. When presented with knowledge that an officer or employee intends to act in a manner that is in violation of a legal obligation to the municipal corporation, has the City Attorney appropriately referred the matter to a higher authority in the organization? e. Would you trust the City Attorney to refer matters of the type mentioned in "item d", above, to a higher authority if they were to arise in the future? City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 3 Packet Pg. 425 10.2.b f. If and when the City Attorney itself has made an error or an incorrect statement, has the City Attorney made a timely and appropriate disclosure of that error? g. Would you trust the City Attorney to make a timely and appropriate disclosure of its own future errors? 2 2) Legal Consultation: 2 r a. Has legal advice provided by the City Attorney proven to be accurate and technically correct? w d c L 0 a b. Does the City Attorney provide its best and honest recommendations given all existing legal issues and ramifications? v c. Does the City Attorney possess and provide an efficient and effective knowledge of the City's Municipal Code and regulations? d. Does the City Attorney possess and provide an efficient and effective knowledge of other government regulations and case law regarding municipal government regulations and case law regarding municipal government and issues facing the City? e. Does advice provided by the City Attorney regularly take into account and balance the overall goals and objectives of the City? f. Does the City Attorney regularly provide the scope of legal expertise necessary to meet the City's needs on issues that arise? g. Does the City Attorney proactively identify potential issues when it is aware of them to avoid problems from occurring? City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 4 Packet Pg. 426 h. Are alternative and innovative solutions provided rather than just raising problems? i. Is the City Attorney able to maintain the City Council's and City Staffs confidence while informing them of the different legal risks that proposed actions might generate? Are city staff and the City Council advised on key changes in municipal law as it c pertains to the City's activities? 3 W N C L 3) Litigation: a a. Does the City Attorney zealously advocate for the interests of the City? � j b. Is the City Attorney's approach effective in achieving the best possible legal outcomes for the City's interest given the issues that arise? c. Does the City Attorney represent the City in a professional and ethical manner? d. Does the City Attorney make effective use of executive session to advise the City Council on the status and risks associated with pending or potential litigation? e. Are the City Attorney's estimates of legal impacts reasonably accurate on a regular basis? Has the City Attorney been successful in accomplishing the City's litigation objectives? City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 5 Packet Pg. 427 10.2.b 4) Document Review and Preparation: a. Does the City Attorney prepare ordinances, resolutions, contracts, correspondence and other legal work accurately and consistent with the direction and objectives communicated by the City Council, Mayor and/or department directors? b. Does the City Attorney make beneficial suggestions about how the city code should be updated or revised? Does the City Attorney accurately identify and address all legal issues within documents and items that it reviews? 5) Cost/Fiscal Accountability and Control: a. Are regular legal activities achieved within budgetary goals and limits? b. Has the City Attorney been effective in minimizing legal costs by limiting tasks to those regarding legal issues and utilizing City in-house staff when possible to perform administrative and other functions? c. Are standard forms developed and used where possible to minimize preparation of legal documentation? d. Are legal tasks performed with appropriate authorization according to established procedures and contract requirements? e. Do invoices accurately identify tasks and expenses in sufficient detail to provide accountability? f. Does the City Attorney display the ability and knowledge to research issues in a minimum amount of time? 0 City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 6 Packet Pg. 428 g. Have legal costs been effectively managed and controlled given the issues, assignments and requests made to the City Attorney? h. Do you feel that the City has benefitted from the flat fee arrangement with the City Attorney? i. Do you believe that the City would have incurred more legal expenses than it has IF actually incurred if the City Attorney was compensated on an hourly basis? w a� c L O ++ 6) Responsiveness/Timeliness of Actions: t� a. Are requested legal work and assignments completed within a clearly established time frame? ti b. Is the City Attorney accessible by email when needed to respond to requests for legal information and assistance? C. Is the City Attorney accessible by telephone when needed to respond to requests for legal information and assistance? d. Is the City Attorney accessible in person when needed to respond to requests for legal information and assistance? e. Are legal review and requests for information completed in time to avoid delays to City projects, programs and other tasks? f. Does the City Attorney follow up efficiently to requests that are made? City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 7 Packet Pg. 429 g. Does the City Attorney accurately interpret and clarify City Council and Mayor direction? h. Has the City Attorney provided an appropriate level of service considering the amount of the City's flat fee arrangement with the City Attorney? i. Has the City Attorney appropriately prioritized the various projects needing attention IF when considering the best interests of the municipal corporation? 3 W 7) Communications and Interpersonal Relations: c L O a. Does the City Attorney communicate effectively with the City Council, the Mayor, city staff and community? j b. Are answers provided in an understandable manner? Are timelines for follow up to requests clearly communicated? d. Does the City Attorney maintain appropriate confidentiality with regard to all matters discussed with the Mayor, City Council, department directors and city staff? e. Does the City Attorney effectively report to the City Council and/or Mayor communications by project attorneys of a substantive nature regarding significant or sensitive matters? £ Does the City Attorney maintain good working relationships and serve as an effective member of the management team? City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 8 Packet Pg. 430 g. Does the City Attorney display a positive attitude in carrying out its responsibilities and responding to requests? h. When asked to do so, has the City Attorney effectively mediated disputes among various constituents within the organization? Is the City Attorney tactful and diplomatic in its communication? c 0 r k. Is the City Attorney's oral communication during council meetings clear and direct? w d c L 0 1. Has the City Attorney been a positive force toward improving and/or maintaining a positive relationship between the City Council and the Administration? j 8) General Comments Regarding the City Attorney's Performance: City of Edmonds Performance Evaluation for City Attorney Services July 31, 2019 Page 9 Packet Pg. 431 10.2.c City of Edmonds Comparative Study on City Attorney Services October 15, 2019 The goal of this process is to provide comparative data to evaluate the pros and cons of having our City Attorney Services provided by an external law firm, as opposed to having internal legal staff to provide those services. In addition, there will be data gathered to assess the opportunity to provide prosecutor services through the same law firm (whether in house or contracted). The following ten cities appear to provide the most relevant source of comparable cost information because they are all located in Snohomish County or King County, are subject to economic forces similar to Edmonds' (which drives fees attorneys may charge) and are of a similar enough government size for comparison purposes: Cities with Contracted City Attorney Services Issaquah Lynnwood Mountlake Terrace Cities with In -House Attorney Services Des Moines Bothell Interview date: Interviewer: Interviewee: Mercer Island Interview Interviewee's position at the subject city: General Questions: Mukilteo Kirkland uestions Tukwila Shoreline 1. How does your city obtain your primary city attorney services: though in-house staff or through an external law firm? 2. How many years have you utilized this method for obtaining city attorney services? 3. Does the city attorney's office (whether in-house or external) provide civil as well as prosecution services? 4. Is your city self -insured or does your city participate in the WCIA insurance pool or Risk Management Service Agency? 5. What are the pros and cons of the method by which you obtain primary attorney services and what would you change about that method if you could? Comparative City Attorney Services October 15, 2019 c 2 M M M w m c L O Q L) Page 1 Packet Pg. 432 10.2.c 6. Is your city attorney readily available for consultation, either in -person or by phone? Questions For Cities That Have In House Legal Services: Please provide a copy of the annual expenditure report for the city's legal department or city attorney's office for the years 2016, 2017, and 2018. The annual expenditure report we are requesting is one that would itemize the various actual expenses by category of legal support (e.g., civil, criminal, labor, etc.) of your legal department in each of those three years. a. If your in-house attorneys track their time, please provide a copy of the reports that describe the total hours worked by each attorney during these three years, by category (e.g., civil, criminal, labor, etc.) This request is not intending to obtain copies of narrative descriptions or other confidential information. If attorney labor hour information is not formally tracked, please provide annual estimates for each of these three years. b. Does your annual expenditure report itemize the salary and benefits costs for each position in the legal department? If not, would you be able to provide us with documentation that shows those costs? c. How many in-house attorneys does your city employ? How many of them are assigned to civil matters vs. prosecution matters? If your in-house attorneys support both disciplines, can you provide an estimate of the time allocated to each? d. How long have each of your city's attorneys been employed by your city? e. How easy or difficult has it been to find qualified and experienced staff for your in- house attorney positions? f. For each attorney employed by your city, would you be able to tell us how many years they have been practicing municipal law? g. How many legal support staff (e.g., paralegals, assistants, etc.) does your city employ? h. On a percentage basis, what proportion of your city's annual legal expenses is attributed to attorney expenses versus legal support staff expenses? i. Are any budgeted attorney positions presently vacant? If so, how many positions are vacant and for how long have they been vacant? j. Were any attorney positions added in 2019? k. Are any budgeted non -attorney positions in your legal department presently vacant? If so, how many positions are vacant and for how long have they been vacant? 1. Were any non -attorney positions added in 2019? m. Other than salary and benefits expenses, what other expenses are attributed to your legal department? Are all of these "other" costs documented in your annual expenditure report? If not, would you be able to provide us with documentation that shows these "other" expenses? 2. Please provide a copy of the vendor paid invoice history from your accounts payable system for each law firm that the city contracted with in 2016, 2017, and 2018, including law firms that were retained to provide legal services related to the city's utilities and/or capital projects (e.g., lawyers retained for eminent domain, construction disputes, franchise agreements, etc.), law firms that were retained to provide prosecution services, etc. Any payment history regarding bond counsel is not required. a. If the number of contracted attorney hours for contracted legal services for each year is not reflected in the paid invoice history documents, please provide the number of Comparative City Attorney Services Page 2 October 15, 2019 c 2 M M M w m c `o Q c) Packet Pg. 433 10.2.c contracted attorney hours that corresponds with each work category above. If attorney labor hour information is not formally tracked, please provide annual estimates for each of these three years. 3. Please provide your city's budget and expense actuals for legal support for 2016, 2017 and 2018, by category shown in your annual budget. 4. Does your city directly employ police officers? 5. Does your city directly employ emergency service personnel (e.g., firefighters, medics, etc?) 6. How does your city evaluate the performance of the city attorney? Does the city council have a role in that evaluation? If so, how is city council input obtained? Questions For Cities That Do Not Have In House Legal Services 1. How long have you utilized an external law firm to provide city attorney legal services to your city? 2. How long have you utilized the law firm that is currently providing that service? 3. When did your city last undergo an RFP process for the city attorney? 4. Please provide a copy of the vendor paid invoice history from your accounts payable system for each law firm that the city contracted with in 2016, 2017, and 2018, including your primary contracted law firm and law firms that were retained to provide legal services related to the city's utilities and/or capital projects (e.g., lawyers retained for eminent domain, construction disputes, franchise agreements, etc.), law firms that were retained to provide prosecution services, labor negotiation, etc. (Please do not include attorneys retained for bond counsel.) If possible, please indicate category of legal service each firm supported (e.g., civil, prosecution, labor, etc.) a. If the number of contracted attorney hours for contracted legal services for each year is not reflected in the paid invoice history documents, please provide the number of contracted attorney hours that corresponds with each work category above. If attorney labor hour information is not formally tracked, please provide annual estimates for each of these three years. 5. How many contracted attorneys are assigned to support the legal needs of your city? 6. For each attorney that is part of your city's contracted legal team, would you be able to tell us how many years of experience each attorney has in practicing municipal law? 7. Please provide your city's budget and expense actuals for legal support for 2016, 2017 and 2018, by category shown in your annual budget. 8. Does your city directly employ police officers? 9. Does your city directly employ emergency service personnel (e.g., firefighters, medics, etc?) 10. How does your city evaluate the performance of the city attorney? Does the city council have a role in that evaluation? If so, how is city council input obtained? 11. Does your city attorney law firm keep regular office hours at city hall? If so, how many days per week? Comparative City Attorney Services Page 3 October 15, 2019 c 2 M M M w m c `o Q c) Packet Pg. 434