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2016-09-20 City Council - Full Agenda-17511. 2. 3. 4. 5 6 o Agenda Edmonds City Council snl. ynyo COUNCIL CHAMBERS 250 5TH AVE NORTH, EDMONDS, WA 98020 SEPTEMBER 20, 2016, 7:00 PM CALL TO ORDER/FLAG SALUTE ROLL CALL APPROVAL OF THE AGENDA APPROVAL OF THE CONSENT AGENDA 1. Approval of Council Meeting Minutes of September 13, 2016 2. Approval of claim checks. 3. Ordinance amending the Edmonds City Code (ECC), amending parking provisions on Sunset Avenue 4. Interlocal Agreement with City of Lynnwood for Biosolids Disposal 5. Setting a date and time for a public hearing on adoption of a resolution expressing intent to dissolve the Edmonds Transportation Benefit District 6. Ordinance amending Edmonds City Code (ECC) 4.04.020 related to Concession Agreements 7. Authorization to contract with James G. Murphy to sell surplus city equipment PRESENTATIONS/REPORTS 1. Constitution Week Proclamation (5 min.) AUDIENCE COMMENTS (3-MINUTE LIMIT PER PERSON) - REGARDING MATTERS NOT LISTED ON THE AGENDA AS CLOSED RECORD REVIEW OR AS PUBLIC HEARINGS 7. ACTION ITEMS 1. Report on Bids for the Madrona Walkway project (10 min.) 2. Ordinance Adding Public Indecency Sections to ECC 5.38 (Offenses Against Public Morals) (10 min.) 8. STUDY ITEMS 9. 10. 11. 1. Update to the 2016 Traffic Impact Fees and new Section 3.36 of ECC (40 min.) 2. Mayor and City Council Salary Review (20 min.) MAYOR'S COMMENTS COUNCIL COMMENTS CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(1) Edmonds City Council Agenda September 20, 2016 Page 1 12. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION. ADJOURN Edmonds City Council Agenda September 20, 2016 Page 2 4.1 City Council Agenda Item Meeting Date: 09/20/2016 Approval of Council Meeting Minutes of September 13, 2016 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: 09-13-2016 Draft Council Meeting Mintues Packet Pg. 3 4.1.a EDMONDS CITY COUNCIL DRAFT MINUTES September 13, 2016 ELECTED OFFICIALS PRESENT Dave Earling, Mayor Kristiana Johnson, Council President Michael Nelson, Councilmember Adrienne Fraley-Monillas, Councilmember Diane Buckshnis, Councilmember Dave Teitzel, Councilmember Thomas Mesaros, Councilmember Neil Tibbott, Councilmember 1. CALL TO ORDER/FLAG SALUTE STAFF PRESENT Phil Williams, Public Works Director Carrie Hite, Parks, Rec. & Cult. Serv. Dir. Shane Hope, Development Services Director Scott James, Finance Director Rob English, City Engineer Kernen Lien, Senior Planner Jeff Taraday, City Attorney Scott Passey, City Clerk Andrew Pierce, Legislative/Council Assistant Jerrie Bevington, Camera Operator Jeannie Dines, Recorder The Edmonds City Council meeting was called to order at 7 p.m. by Mayor Earling in the Council Chambers, 250 5t" 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 COUNCIL PRESIDENT COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER BUCKSHNIS, TO DELAY THE PRESENTATION OF UTILITY RATE ANALYSIS TO A FUTURE MEETING AT THE REQUEST OF MR. WILLIAMS. MOTION CARRIED UNANIMOUSLY. COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TEITZEL, TO APPROVE THE AGENDA IN CONTENT AND ORDER AS AMENDED. MOTION CARRIED UNANIMOUSLY. 4. APPROVAL OF CONSENT AGENDA ITEMS COUNCILMEMBER BUCKSHNIS MOVED, SECONDED BY COUNCILMEMBER TIBBOTT, TO APPROVE THE CONSENT AGENDA. MOTION CARRIED (6-0-1), COUNCILMEMBER TEITZEL ABSTAINED. The agenda items approved are as follows: 1. APPROVAL OF COUNCIL SPECIAL MEETING MINUTES OF SEPTEMBER 6, 2016 2. APPROVAL OF COUNCIL MEETING MINUTES OF SEPTEMBER 6, 2016 3. APPROVAL OF CLAIM, PAYROLL AND BENEFIT DIRECT DEPOSIT, CHECKS AND WIRE PAYMENTS Edmonds City Council Draft Minutes September 13, 2016 Page 1 Packet Pg. 4 4.1.a 5. PRESENTATIONS/REPORTS 1. NATIONAL POW/MIA RECOGNITION DAY Mayor Earling read a proclamation declaring September 16, 2016 as POW/MIA Recognition Day in Edmonds and invited citizens to plan and conduct appropriate remembrances, ceremonies and activities in recognition of our nation's POWs and MIAs and their families. Michael Raegan accepted the proclamation. Mr. Regan said he has worked with over 4600 Gold Star family members across the country and was proud to tell them how much Edmonds appreciates the service of its veterans but will never forget the hearts of the fallen who never came home as well as the MIAs. As a Vietnam Veteran, he was incredibly proud of the Proclamation, the Council and City, and the Veterans Plaza. He makes two promises to the families he works with, 1) do the best portrait ever, and 2) as long as he has a voice, no one will ever forget. Everything the City Council has done and is doing helps him keep those promises. Speaking for the Veterans of Edmonds, he was proud of the Mayor and City Council. 6. AUDIENCE COMMENTS Alan Mearns, Edmonds, expressed his continued support for a holistic look at the marsh and its border lands as the marsh is a valuable resource. An employee of NOAA, they train Coast Guard and other oil spill responders using Edmonds' beaches and the Edmonds Marsh to learn about the ecology of these environments. He provided photographs taken during this annual training with representatives from the Coast Guard, state agencies, EPA, NGO and other responders. Edmonds is not only a local resource, it is a national resource and is recognized around the country. He relayed meeting people at oil spills in Maine or Texas who recalled meeting him on the beach or the marsh in Edmonds. He encouraged the Council to think about everyone who uses the marsh and its value in this training. David Richman, Edmonds, a former professor of entomology and curator of the arthropod museum at New Mexico State University, said he is a birdwatcher in the Edmonds Marsh. The marsh is a broad ecosystem, connected with many other ecosystems. The marsh not only has birds, fish and mammals, it also has a large arthropod and other invertebrate population that serve as a basis for the food web. Food webs are intertwined in food systems with the forest, ecotone, the area where the marsh becomes woodland as well as other areas. During the recent Bird Fest, he saw two different species of dragonfly, a common white tail as well as a blue darner which is indicative of a flourishing and productive marshland. Although dragonflies do not breed in saltwater, they breed in brackish and fresh water and serve as food for insect -eating birds such as merlins. As a practical ecologist, evolutionary biologist, when working at New Mexico State University, he saw many of these ecosystems including one in Bitter Lake which has the largest number of dragonflies in New Mexico. He provided written information. Cindy Easterson, President, Pilchuck Audubon Society, relayed her concern with the potential buffer reduction of the Edmonds Marsh. A way to grapple with the question of what are the goals for marsh is to consider the value of this natural resource. This estuary wetland is a unique regional treasure that cannot be designed or recreated in a business park or residential development. The marsh is a product of years of special conditions that have coalesced to create a unique place. It has been suggested that the pathway to restoring the marsh is through redevelopment with a much reduced buffer; most would agree development in proximity to the marsh resulted in the existing wetland that does not function to its full capacity. She referred to shorebirds and their migration between wintering and breeding grounds. For many shorebirds, the male flies north first and the females arrive a couple weeks later. After mating and laying eggs, the females stay until the eggs hatch and then returns south, leaving the hatchlings in dad's care. Dad cares for the babies for a few days before he too takes flight. Being a young shorebird is difficult and for many, the estuary wetlands like the Edmonds Marsh are a place of refuge offering sandy areas to feed and upland grasses to hide on their migration south. Many shorebirds' stopovers are threatened by climate Edmonds City Council Draft Minutes September 13, 2016 Page 2 Packet Pg. 5 4.1.a change and development. The study of high density shorebird areas has found nearby development disturbs breeding and migration patterns and is particularly hard on vulnerable first year birds. She encouraged the Council to consider limiting development and instead consider a welcoming sign for these shorebirds in the form of a 100-foot buffer with a 50-foot setback, a renewed effort to daylight Willow Creek, alternative management of the tidegate to allow for saltwater and tidal influence into the wetland and restoration alternatives to the pathway on the north side of the marsh. She encouraged the engagement of a public/private coalition to provide expert recommendations and for support future regarding the marsh. Susie Schaefer, Edmonds, said she would rather be at a gathering tonight standing in solidarity with the Sioux and other Tribes to protect the waters of their sacred lands. She was proud to live in a city that unanimously passed a resolution regarding oil trains and considered the Edmonds Marsh sacred land to Edmonds. During Bird Fest, she talked to many people about the marsh. She circulated an 1872 picture of the Edmonds Marsh that shows how large it was, and a picture of the current marsh and the condos behind it. She acknowledged the marsh could not be returned to the size it was in 1872 but was encouraged by the fabulous restoration of the estuary in Marysville done by the City of Marysville, Snohomish County and Tulalip Tribe. She expressed interest in participating in a planning effort that did not take action quickly and did not think development was the answer for the marsh, commenting undevelopment was the answer for the marsh. Lynette Petrie, Edmonds, said her commentary was an almost visceral reaction to what she sees happening everywhere and Edmonds should not buy into the falsity that more development is the only answer to economic wellbeing. Edmonds has much to offer and the positive impact of nurturing and understanding the protection of the natural world cannot be overestimated. The marsh, which began as an extensive estuary, has been reduced by development and fill to approximately 22 acres which is now at risk. If the present buffers are compromised, that acreage will continue to slowly shrink; death by 1000 cuts. She referred to an article that the Oxford Children's Dictionary has deleted 50 words related to the natural world because they are no longer relevant and replaced with other such as bog, broadband, chatroom and analog. The article also stated evidence is mounting showing links between the disconnection from the natural world and social ills. Edmonds has a unique opportunity due to its location and the already -established artistic community to continue build and become a center of learning to develop an appreciation for the world and the responsibility to care for it. Development is necessary as well as creativity in maintaining the economic but it must be done in ways that are not counterproductive. Roger Hertrich, Edmonds, commented the borders of the marsh have basically stayed the same, Harbor Square on one side, the marsh on the other and no one has tried to bulldoze, fill or drain the marsh. Yet many people are very emotional that something is threatening the marsh. If the marsh has existed this way this long and there are no plans to bulldoze, fill or drain it, he questioned what was the problem. There is a lot of talk about economic development; he questioned the impact on Harbor Square if buffers are added to the marsh to protect it from something that is not happening. Although some would say that economics has nothing to do with the marsh, he emphasized they support the City's ability to protect the marsh. He questioned why so many people were getting so excited about buffers and distances and suggested it be left alone and avoid any radical departures from the shoreline. He suggested that protecting the businesses in Harbor Square was as important as protecting the marsh. He suggested doing good things for the marsh that did not negatively impact the surrounding businesses and urged the Council to be practical and not emotional when making decisions. Bea Wilson, Edmonds, a Friends of Marsh volunteer, thanked the Council for their work. She relayed consideration of future protections was essential. An entrepreneur as well as a volunteer, she thanked the Councilmembers who participate in Bird Fest which was a tremendous success. She hosted people who came to Bird Fest from Tennessee as well as made friends with people from Russia and Israel who loved Edmonds City Council Draft Minutes September 13, 2016 Page 3 Packet Pg. 6 4.1.a the community. She also assisted with birdwatching of fledging owls at Yost Park which was attended by 70 people. She understood entrepreneurs and businesses' concerns but urged them to think of the future. The marsh attracts people who help those businesses grow and without those resources businesses will fail. She was confident the Council will think wisely and for the future. Joe Scordino, Edmonds, retired fisheries biologist, expressed concern that the Council did not have all the facts it needed to make the right decisions regarding buffer widths in the SMP. In response to a previous speaker's comment regarding what's the problem, he explained reducing or expanding the buffers will have consequences. He he did not think the Council had the necessary information to make a rational decision based on BAS. The Council needs to consider multiple alternatives such as a 50-foot buffer plus a 15-foot setback and the consequences that has on development and redevelopment, on wildlife, on the ability to restore vegetate the marsh. A second scenario could be a 100-foot buffer plus a 50-foot setback. As each alternative is analyzed, there will be losses and gains. Without that information, the Council may push forward and realize the consequences too late when buildings are constructed on the edge of the marsh. The Department of Ecology's structure of Category 1, 2, 3 is set up so that if a wetland is deteriorated, it is downgraded. The Edmonds Marsh is currently viewed as Category 2, although many believe it is Category 1; if development is allowed to occur, it will become a Category 3, a continuing downward cycle. The Council's decision will set the stage for the future and he urged the Council to make the right decision. 7. STUDY ITEMS 1. SHORELINE MASTER PROGRAM UPDATE Senior Planner Kernen Lien explained his intent tonight was to provide a recap as well as review how the changes accepted by the Council and the new 2016 Ecology Wetland Guidance have been incorporated into the SMP. There were eight changes required by Ecology; Council provided direction to staff on five that were related to critical area regulations. The three remaining required changes are related to Urban Mixed Use (UMU) IV and the appropriate setbacks and buffers from the marsh. More guidance from Council is needed regarding the buffer but that will not be the main focus of tonight's discussion. He reviewed: • Pursuant to RCW 90.58.090(2)(e), the City of Edmonds has two options for responding to Ecology's conditional approval: 1. Agree to the proposed changes, or 2. Submit an alternative proposal. Ecology will then review the alternative(s) submitted for consistency with the purpose and intent of the changes originally submitted by Ecology with the Shoreline Management Act. • Ecology's reply to the City's initial response — October 3l't • Ecology Required Changes 1 and 2 —Update Critical Area Ordinance Reference and Appendix B o Required change 1 reference Ord. 4026 dated May 3, 2016 o Required change 2 is to replace Appendix B with the critical area regulations adopted in 2016 under Ord. 4026 (minus exceptions) o August 2nd — Council voted to accept changes o Council packet page 384 • Ecology Required Change 3 — Critical Area Provisions Requiring Shoreline Variance o Required change would eliminate SMP 24.40.020.0 o August 2nd — Council voted to accept change o Council packet page 384 • Ecology Required Change 4 — Critical area Exceptions o Required change would modify list to only except critical area variance (ECDC 23.40.210) and geologically hazardous areas allowed activities (ECDC 23.80.040.B) Edmonds City Council Draft Minutes September 13, 2016 Page 4 Packet Pg. 7 4.1.a o August 2nd — Council voted to accept change o Exceptions were reviewed given decision to incorporate 2016 guidance o Council packet page 385 Ecology Required Change 5 — SMP Wetland Section o SMP 24.40.0201 contains wetland regulations for shoreline jurisdiction based on Ecology's Guidance for Small Cities o Required change would remove SMP 24.40.020.17 o August 16th — Council voted not to accept Ecology's required change, but to incorporate the 2016 Wetland Guidance into the SMP o Primary difference between Ecology's Guidance for Small Cities and the 2016 Wetland Guidance is related to how buffers are applied particularly for Category 2 estuarine wetland such as the Edmonds Marsh Mr. Lien reviewed changes related to incorporating the 2016 Wetland Guidance • Wetland Categories — Council packet pages 387-388 o Also need to incorporate line on "Illegal modifications" (packet page 346) • Buffer Requirements — packet pages 388-392 o Wetland Buffer Requirements Table on page 389 works with Required Measures to Minimize Impacts Table on pages 390-391 o If there were a nearby priority habitat, the 2016 Guidance requires a corridor be provided/protected to connect the habitats. If the corridor is not provided, the buffers must be wider o If no nearby priority habitat, the two tables are applied 0 2016 Wetland Guidance has a 110-foot buffer requirement for a Category II Estuarine Wetland; the CAO has a 75-foot buffer requirement o Disruption of corridors or connections included in tables • Other notable changes o Buffer reductions and averaging (pages 392-393) ■ Excepted out of previous CAO because buffer width reduction and buffer averaging allowed a 50% buffer reduction, update allows only 25%. SMP is consistent with COA and BAS o Physically Separated/Functionally Isolated (page 393) ■ Replaced with Interrupted Buffer section o Passive Recreation (pages 393 — 394) ■ Language in CAO is consistent with most updated guidance • Exemptions in Wetlands — Council packet page 394 o Primary difference between CAO and 2016 Guidance is in the CAO small, isolated wetlands applied to Category III and IV wetlands, 2016 Guidance applies only to Category IV wetlands o Ecology did not want included in SMP as not compliant with no net loss requirement Mr. Lien advised he has sent the modifications to the critical area sections to Ecology for their review and guidance. Councilmember Buckshnis relayed serious concern that Mr. Lien was already passing information to Ecology and getting their response without the Council having Ecology's responses in writing. It was her understanding an alternative would be prepared that included the updated information but it sounds like Mr. Lien is already giving that information to Ecology for their response. Mr. Lien said he has a couple emails from Ecology. The reason he showed it to Ecology for an initial review was the 2016 Wetland Guidance is Ecology's wetland guidance, they are the experts and he wanted to ensure he captured the Edmonds City Council Draft Minutes September 13, 2016 Page 5 Packet Pg. 8 4.1.a differences between the 2016 Guidance and the Guidance for Small Cities. The City Council can ultimately choose to do something different. Councilmember Buckshnis commented the Council decided it wanted the newest information included in the SMP. Mr. Lien has been sharing the integration of the 2016 Guidance with Ecology and Ecology is saying yes or no and if Ecology says no, Mr. Lien removes it. City Attorney Jeff Taraday said his understanding of Mr. Lien's interaction with Ecology is he is pursuing the course the Council has voted on. While a complete alternative has not yet been finished to submit to Ecology, the Council has adopted certain motions as it moves toward a new alternative. Mr. Lien is just getting started on the work necessary to implement those motions. There is a short timeline to complete the SMP by October 31 and the Council will have the ability to comprehensively review the entire alternative. Councilmember Buckshnis said she did not understand how Mr. Lien could be checking with Ecology and Ecology could be saying include or exclude something when it was contained in Ecology 2016 Wetland Guidance. Development Services Director Shane Hope explained the Council said use the 2016 Wetland Guidance in the SMP; as Mr. Lien was doing that, it was somewhat confusing. His initial response was to check with Ecology whether he correctly understood the implications. Tonight he was trying to explain what it means to incorporate Ecology's 2016 Wetland Guidance so he can correctly bring forward the Council's direction and have it technically correct. Ultimately it is the Council's decision regarding what in the 2016 Wetland Guidance is included. Councilmember Buckshnis asked for Mr. Lien's PowerPoint, commenting the document was very confusing. She preferred the Council's review of the SMP be done weekly. With regard to buffer reduction and buffer averaging, Mr. Lien explained that was already part of Ecology's required change. When that was excepted out previously in the last version adopted by the Council, the critical area regulations had buffer reduction and averaging that allowed the wetland or stream buffers to be reduced by 50%. With the CAO update, buffer averaging and reduction can only reduce buffers by 25% which is consistent with the 2016 Wetland Guidance. Rather than have a separate section in the SMP and the CAO, it was deleted from the SMP. Councilmember Buckshnis requested Ecology's written response. Councilmember Tibbott asked whether there were any Category IV wetlands in the shoreline jurisdiction. Mr. Lien answered there is no inventory of all the wetlands in the city. He was aware of some wetlands along the shoreline jurisdiction in north Edmonds that were likely Category III or IV. Councilmember Tibbott said the Council should at least understand the exemptions and recommendations for Category IV wetlands. Mr. Lien referred to the buffers on page 389, explaining the 40-foot buffer is the same as the buffer in the adopted CAO. The differences are related to exemptions in wetlands. Councilmember Tibbott asked Mr. Lien to describe the tables with regard to wetland buffers and corridors. Mr. Lien referred to 2.a.i on page 388 which states: i. For wetlands that score S points or more for habitat function, the buffers in 24.40.020.F.2.b can be used if both of the following criteria are met: • A relatively undisturbed, vegetated corridor at least 100 feet wide is protected between the wetland and any other Priority Habitats as defined by the Washington State Department of Fish and Wildlife. The latest definitions of priority habitats and their locations are available on the WDFW web site at: http://wdfw.wa.govlhablphshabs.htm) The corridor must be protected for the entire distance between the wetland and the Priority Habitat by some type of legal protection such as a conservation easement. Presence or absence of a nearby habitat must be confirmed by a qualified biologist. If no option for providing a corridor is available, 24.40.020.F.2.b may be used with the required measures in 24.40.020.F.2.c alone.2 Edmonds City Council Draft Minutes September 13, 2016 Page 6 Packet Pg. 9 4.1.a Mr. Lien clarified if there is no nearby habitat for a corridor to connect to, the first table is applied in conjunction with the second table on pages 390-391 (Required Measures to Minimize Impacts). If there were a habitat to connect to, that corridor would need to be provided. If the corridor or the mitigation measures on page 390-91 are not provided, then the buffers in the third table would apply. Councilmember Tibbott commented there is no existing corridor from the marsh to another habitat. Mr. Lien answered as one of the speakers stated, there is a connection between everything. The key to this provision is it is tied to a priority habitat area, specific areas identified by Washington Department of Wildlife. The marsh is identified as a priority habitat area but there are no other priority habitat areas on the north or south areas so according to this provision, there are no other nearby priority habitat to provide a corridor to; therefore, the first table and the mitigation tables would apply in that area. Councilmember Tibbott asked which table applied to the marsh. Mr. Lien answered it depends on the buffers and setback established for the marsh and site specific situations. Generally, for wetlands in shoreline jurisdictions, the first table along with the Required Measures to Minimize impacts (pages 390- 391) would apply in the vast majority of situations. Councilmember Tibbott asked if those only applied if there was a corridor. Mr. Lien answered no, acknowledging it was confusing how the new guidance applies buffers. If there is no habitat to connect to, the first two measures can be used. If there is a habitat to connect to, a corridor must be provided to connect it or use the third table. For the majority of wetlands in shoreline jurisdiction, there is not likely to be a priority habitat area to connect to. For the marsh, there is not another priority habitat area other than the marsh itself. Councilmember Tibbott asked whether the tables were labeled 1, 2 and 3. Mr. Lien answered when the tables are included in the code, they are numbered according to the code's numbering system; they are numbered XXI, XXII and XXIII in the 2016 Wetland Guidance. There is no easy way to reference the tables other than 1, 2 and 3 which is why he has referred to page numbers. Mr. Lien clarified if there is no habitat to provide a corridor to connect the habitats, the table on page 389 and the buffers would apply in conjunction with the mitigation measures on page 390-391. Council President Johnson said in referring to the June 26, 2016 Wetland Guidance for CAO updates, her initial question was what does having an update a month after the COA was adopted mean for the CAO. That has been addressed relative to the SMP but she was interested in how it affected the CAO. Mr. Lien answered at the time the CAO was adopted in May 2016, the Guidance for Small Cities was the most up- to-date guidance. With the new information/guidance provided in June 2016, Council President Johnson asked how the Council can be assured they made the best decision based on the new guidance that is being incorporated into the SMP. Ms. Hope suggested completing the SMP before determining the differences between the 2016 Wetland Guidance and the CAO and possibly amending the CAO. Addressing the CAO now would be difficult timewise. Mr. Lien concurred, explaining his focus has been the SMP because a response is due to Ecology and direction from Council has been to incorporate the 2016 Wetland Guidance into the SMP. After the SMP is completed, the Council could direct staff to to incorporate the guidance into the CAO. Council President Johnson said her recollection was significantly different than what was just said. Councilmember Teitzel referred to the table on page 389 which calls for a buffer of 110 feet. This buffer would be required if there were 50% or more redevelopment in UMU IV in Harbor Square. Mr. Lien said that reference is related to the buffer and setback established for the UMU IV environment. That is different than the critical area section. The Council may adopt a different buffer and setback for the UMU IV environment based on conditions; that is not part of this discussion. When that buffer is triggered has not yet been discussed or determined. Edmonds City Council Draft Minutes September 13, 2016 Page 7 Packet Pg. 10 4.1.a Councilmember Buckshnis asked whether any of the other items would be reviewed tonight and Council direction provided. It was her understanding that Required Change #8 goes away because 50% was now changed to 25%. Mr. Lien explained those are different provisions in different parts of the SMP. The Council voted not to accept Ecology's recommendation in Required Change #7 related to the buffer and setback for the UMU IV environment but has not discussed an alternative. Required Change #8 is tied to Required Change #7 and until a decision is made on Required Change #7, it does not make sense to discuss Required Change #8. Councilmember Buckshnis commented on the reduction from 50% to 25%. Mr. Lien said the 50% to 25% is related to two buffer provisions regarding wetlands, wetland buffer averaging and wetland buffer reduction. Those two provisions allow the buffers to be modified slightly over what is in the table but they can only be reduced by no more than 25%. For example, if there was a 100-foot buffer and buffer averaging were applied to that buffer, at any point the buffer could not be less than 75 feet. Councilmember Buckshnis relayed her understanding that could not be done because the Council has not established the buffer for the UMU IV. Mr. Lien answered they are two different things, this applies to critical areas within shoreline jurisdictions. What the Council can do, what Ecology recommends and was included in the previous SMP, is to adopt specific buffers and setback for specific areas with shoreline jurisdiction such as the UMU IV environment. If the Council establishes a specific buffer and setback for the UMU IV environment, buffer reduction and buffer averaging would not apply. Councilmember Buckshnis asked when that would be addressed. Ms. Hope said at the next Council meeting or in two weeks. Mr. Lien said the intent tonight was to incorporate the first five required changes from Ecology and Council direction to include the 2016 Wetland Guidance into the critical area section of the SMP. He will provide the Council Ecology's emails regarding modifications and wetland exceptions. He is seeking guidance from the Council regarding the incorporation of the required changes and the 2016 Wetland Guidance. COUNCIL PRESIDENT JOHNSON MOVED, SECONDED BY COUNCILMEMBER NELSON, TO ASK THE CITY ATTORNEY TO PREPARE AN EVALUATION OF THE POSSIBLE SCIENTIFIC AND REGULATORY CONSIDERATIONS TO HELP US PREPARE THE ALTERNATIVE TO THE DEPARTMENT OF ECOLOGY REQUIREMENTS FOR BUFFERS AND SETBACKS. Council President Johnson relayed her understanding on August 16 that the City would obtain independent review to provide advice regarding buffers and setbacks for the marsh. Asking the City Attorney to prepare this evaluation as a first step will help the Council take the next step. hi particular she requested the City Attorney address the June 26, 2016 Wetland Guidance for CAO Updates. She suggested that be provided at the Council's next work meeting in two weeks. Councilmember Mesaros asked Mr. Taraday his understanding of the request and whether two weeks was enough time to accomplish it. Mr. Taraday said it should be. MOTION CARRIED UNANIMOUSLY. 2. PRESENTATION OF THE UTILITY RATE ANALYSIS This item was postponed to a future meeting. 3. PRESENTATION OF AN ORDINANCE AMENDING THE EDMONDS CITY CODE (ECC), AMENDING PARKING PROVISIONS ON SUNSET AVENUE Edmonds City Council Draft Minutes September 13, 2016 Page 8 Packet Pg. 11 4.1.a Public Works Director Phil Williams recalled three weeks ago the Council made a number of decisions related to the geometry on Sunset Avenue that would be interim while utility work on Sunset was pursued and completed over several years. Among those proposals was to change the parking hours on Sunset from the current 4-hour limit to 2 hours. He distributed an updated ordinance that will change the parking limit on the west side of Sunset Avenue from Edmonds Street to Caspers Street to 2-hour parking 8 a.m. to 10 P.M. City Attorney Jeff Taraday said most of the changes in the ordinance are simply legal formatting and non - substantive; a different effective date was also included which was also somewhat technical. The substance of the ordinance is as Mr. Williams described. Council President Johnson referred to Item 1 in the ordinance, Sunset Beach access way to Sunset Beach Park and said she did not know that was located. Mr. Williams said that language was in the existing code; Sunset Beach Park is Brackett's North. It was the consensus of Council to schedule this item for approval on a future Consent Agenda. 4. INTERLOCAL AGREEMENT WITH CITY OF LYNNWOOD FOR BIOSOLIDS DISPOSAL Public Works Director Phil Williams relayed the City has had an interlocal agreement with Lynnwood for many years related to their treatment plant, located adjacent to north Edmonds. During major maintenance of their facility when they do not have access to their incinerator, there is occasional need to truck biosolids in a liquid form to the Edmonds treatment plant to be processed and incinerated. The only changes in the renewal of the interlocal agreement are changing the term to five years and increasing the price from $0.25/dry pound to $0.40/dry pound. The agreement can be terminated by either party at any time. If the Edmonds treatment plan has an issue with a load or does not have the storage capacity, it can be refused. The agreement has worked well for both cities and $0.40/per dry pound is sufficient to cover the cost and provides revenue. Councilmember Fraley-Monillas commented the increase in the price was fair due to recent equipment replacement in the treatment plant. Mr. Williams answered the incinerator has not yet been a major focus of investment but new regulations are coming. The price is based on the cost to process biosolids and is competitive based on that they could get elsewhere as well as transportation costs to utilize another facility. Both parties have been very satisfied with the arrangement. Councilmember Mesaros asked if the service was reciprocal. Mr. Williams answered it could be; so far Edmonds has been able to store its biosolids during incinerator maintenance. If there were an emergency, providing that service could be discussed with Lynnwood. It was the consensus of Council to schedule this item for approval on next week's Consent Agenda. 5. PRESENTATION ON THE MADRONA WALKWAY PROJECT City Engineer Rob English explained this project has been in the planning and design stages for a couple years. The scope of the project is to build approximately 600 feet of 5-foot sidewalk on the south side of 236th Street between SR-104 and the school. A portion of sidewalk will be constructed within the school's boundaries to connect the sidewalk to the school. Madrona School will be rebuilt beginning in spring 2017; this project has been coordinated with Edmonds School District including mapping the location of the sidewalk to fit the future facility. Other improvements include stormwater detention and new pipes as well as new ADA compliant pedestrian ramps and a slight widening of 236th and reconstruction of the pavement. The engineer's estimate is $600,000; funding sources include Stormwater Unity funds, a Edmonds City Council Draft Minutes September 13, 2016 Page 9 Packet Pg. 12 4.1.a federal Safe Routes to Schools grant for the sidewalk, and the City's 2016 Pavement Preservation program. A budget amendment will be presented in the third quarter. Bid opening is scheduled for September 15. Mr. English commented it is interesting to go out to bid and start a transportation project at the beginning of the rainy season. In order to coordinate with the school district, it was necessary to begin in either the fall or spring when the district plans to begin construction. As trucks, deliveries and construction equipment will be using 236ffi, a decision was made to go to bid now. The goal is at least complete the sidewalk and the first layer of asphalt and worst case, winterize the project, and pave in early spring before the district starts their project. The only wildcard is the bid climate; staff has heard contractors are becoming more available so are hopeful there will be competitive bid prices. Bid results and the construction contract may be presented to Council at next Tuesday's meeting but it may be difficult to open and evaluate the bids and get WSDOT concurrence by then. If that cannot be done, the information will be presented the following week. Councilmember Tibbott inquired about the entrance for buses and to the parking lot after reconstruction and whether the new sidewalks will serve the students. Mr. English answered the sidewalk alignment within the school boundaries will line up with the district's improvements. Reconstruction of the school is a $49 million project; he recalled the circulation within the parking lot will be changed and will include a drop-off closer to the new buildings. Councilmember Mesaros suggested checking with the school district regarding utilities before the final paving is done on 236"'. Mr. English assured that had been done. The project will include stormwater improvements as well as moving a utility pole. Councilmember Mesaros asked if the utilities would be undergrounded. Mr. English answered no, only a pole is being moved; undergrounding is cost prohibitive. Presentation of bid results and the construction budget will be scheduled on a future Council agenda. 6. SETTING A DATE AND TIME FOR A A PUBLIC HEARING ON ADOPTION OF A RESOLUTION EXPRESSING INTENT TO DISSOLVE THE EDMONDS TRANSPORTATION BENEFIT DISTRICT Public Works Director Phil Williams recalled the Council instructed staff to take the steps necessary to take advantage of ESSB 5987 passed in 2015 that allows cities with TBD boundaries contiguous with the city's boundary to assume control over the TBD to make the governance simpler. The first step is passing a resolution of intent to evaluate whether to absorb the TBD; a copy of the resolution is included in the Council packet. Should the Council make a decision to adopt the resolution, the resolution sets October 4 as the date for the public hearing. After taking public comment, if the Council decides to proceed with assuming control over the TBD, an ordinance would be prepared and presented to Council to rescind the existing ordinance and have the Council assume the responsibilities. It was the consensus of Council to schedule this item for approval on a future Consent Agenda. 7. HR DIRECTOR, REQUEST TO WAIVE THREE INTERVIEW REQUIREMENT Parks & Recreation/Human Resources Reporting Director Carrie Hite explained the HR Director position was advertised for three weeks; 43 applications were received. Several staff and the Mayor reviewed the applications and several candidates were invited for interviews. The applicants interviewed with two panels and had individual interviews with the Mayor. The first panel was made up of several Directors, the City Clerk, Councilmember Adrienne Fraley-Monillas and citizen Bob Rinehart. The second panel was made up of an interdepartmental staff team, including HR, Finance, Public Works, Police and Parks. Edmonds City Council Draft Minutes September 13, 2016 Page 10 Packet Pg. 13 4.1.a At the conclusion of the interviews, both panels debriefed with the Mayor and after much thought, the Mayor would like to bring two candidates forward for interviews with the City Council. Ms. Hite explained the ECC requires Council interview director candidates and calls for interviewing the final three candidates although there is a stipulation in the code for the Council to waive the three interview requirement by motion. If Council approves, the Mayor would like to schedule the Council interviews on September 20, prior to the Council meeting. Mayor Earling advised four candidates were interviewed. After meeting with the candidates himself and discussion with the two panels, it was clear there were two outstanding candidates. He recommended bringing only the two to Council for interviews. COUNCILMEMBER TIBBOTT MOVED, SECONDED BY COUNCILMEMBER MESAROS, TO ADOPT THE RECOMMENDATION TO INTERVIEW TWO CANDIDATES FOR THE POSITION OF HR DIRECTOR. MOTION CARRIED (5-0-2), COUNCIL PRESIDENT JOHNSON AD COUNCILMEMBER FRALEY-MONILLAS ABSTAINED. 8. ORDINANCE AMENDING EDMONDS CITY CODE (ECC) 4.04.020 RELATED TO CONCESSION AGREEMENTS Parks & Recreation Director Carrie Hite explained this is a request to amend the ECC to allow concessions in parks year-round. In 2012, at the request of the Mayor and Parks Director, the City Council adopted changes to the code to allow the Mayor to approve concessions in the parks. Since 2012 there has been a shave ice vendor at Marina Beach, a paddle board vendor, recreation fitness programs in waterfront parks and one vendor at the mini park that was not invited back. For the most part concessions in parks has been a very positive experience. One of stipulations in the code was "seasonal" to allow concessions from May through September. One concessionaire who wanted to provide winter fitness in a park was recently turned away. When a second concessionaire, the dog treat vendor at the off -leash dog park, inquired about being a year-round vendor, a decision was made to bring a code amendment to Council. This is a great opportunity to continue concessions in the park. If the Council is amenable, she requested the amendment be scheduled on the Consent Agenda next week. Councilmember Fraley-Monillas said she is generally agreeable, finding it beneficial to citizens and visitors. She asked who supervised the concessionaires, commenting it has increased from a hot dog vendor to a huge program with many vendors in several parks. Ms. Hite explained the Recreation Manager sends out an RFP every January giving businesses an opportunity to apply to be a concessionaire in the park. The applications are reviewed and the applicants interviewed. Criteria used to consider the applications include the impact to neighbors of park, what the concessionaire is selling/vending, whether it is a value add, the impact on maintenance staff, portability of the vendor, etc. Councilmember Fraley-Monillas asked who supervised the vendors during season. Ms. Hite answered the Recreation Manager supervises the contracts. The Recreation Manager and she visit the concessions and randomly make purchases to check their customer service. The contracts require the vendors to have a business license and any public health licensing which includes a visit from the fire marshal visits, public health visits, etc. She assured there is a lot of quality assurance of the vendors. Councilmember Fraley- Monillas recalled her concern with the concession that caused an issue for the building adjacent to the mini park that was not invited back. Councilmember Tibbott appreciated staff s responsiveness to the vendors' interest in year-round concessions and the citizens' interest in the concessions. He asked what kind of businesses seek to locate in parks year-round. Ms. Hite answered there have been two so far, one is a boot camp fitness program that uses Brackett's Landing South. They were previously turned away; if the Council approves this Edmonds City Council Draft Minutes September 13, 2016 Page 11 Packet Pg. 14 4.1.a amendment, staff will contact them to inquire if they are still interested. The other vendor that requested to locate year-round is the Barkery, a mobile unit that comes to the off leash area once a week and sells dog treats. That vendor is very popular and dog owners use the off leash area rain or shine year-round. Councilmember Tibbott observed year-round concessions would be primarily activity vendors. Ms. Hite did not envision any food vendors who would be interested in setting up in a park on a rainy weekend although a coffee cart may be interested in setting up along the waterfront year-round due to the number of walkers there. She envisioned primarily outdoor fitness boot camp type activities and at the off leash area. Councilmember Buckshnis commented the dogs and dog owners love the Seattle Barkery which also has coffee. A woman complained recently that her dog just wanted to get treats instead of exercising. The Barkery has been extremely well received and she was in fully support of allowing them year-round. It was the consensus of Council to schedule this item for approval on a future Consent Agenda. 8. MAYOR'S COMMENTS Mayor Earling said he appreciated being in his first ever hurricane but will pass on any future opportunities. He reported on Sunday's 9/11 ceremony, attended by approximately 200 people including representatives of Fire District 1 and the Edmonds Police Department and Councilmembers Teitzel and Nelson. Mayor Earling said he recently attended his first judicial conference in Spokane to talk about the budget processes, revenues, etc. at the invitation of former Councilmember Dwyer, who now serves on the appellate court. There were also speakers from OFM, a legislative staff member and a County CEO. The State is forecasting a $4 billion shortfall, $3 billion to meet the requirements of the McCleary Decision and a $1 billion shortage between revenue and expenses. ��K�III�[y 11[K� a ►7Ti� I �I�Y I[. Councilmember Tibbott reported on his opportunity to participate in Bird Fest this weekend and the crowd at an amazing presentation regarding owls at Yost Park. During the presentation, an owl showed up and performed feats of hunting and hooting. Owls are now so prolific in Edmonds that they are locating in other parks. Councilmember Tibbott reported he had an opportunity this week to talk with several business owners and citizens regarding the new sign code and assured them that the Development Services Department was continuing to work on implementation. He hoped to see greater levels of creativity with regard to signs and suggested this would be something for the Economic Development Commission to discuss. Councilmember Mesaros said he too received a number of comments regarding the sign code and assured it will be an ongoing discussion and changes would be considered if necessary. He referred to the Edmonds Center for the Arts mailer and encouraged citizens to take advantage of everything the ECA has to offer. Councilmember Teitzel looked forward to attending two forums this week, on Thursday, a forum hosted by the Master Builders Association on affordable housing and the challenges of providing more affordable housing; Governor Inslee will be the keynote speaker. On Friday he plans to attend a Snohomish County breakfast forum regarding the pros and cons of Sound Transit 3 which will be on the ballot in November. He reminded of the Council -sponsored 2016 volunteer appreciation event at the Senior Center. He thanked Councilmembers for their participation in that event. Councilmember Teitzel reported he enjoyed a sailing vacation in the San Juan Islands last week. Edmonds City Council Draft Minutes September 13, 2016 Page 12 Packet Pg. 15 4.1.a Councilmember Buckshnis thanked all the Bird Fest volunteers. She attended the raptor presentation along with about 150 people. She reported on the car show which is getting bigger every year. She summarized Edmonds is a hopping town. Regarding the sign code, Councilmember Fraley-Monillas reminded it has only been in effect for less than a month and urged everyone to give it time to see how it shakes out. She appreciated seeing fewer signs cluttering corners in the evening now that businesses are taking in their signs at night and making the city look nicer. She said over 80 volunteers have confirmed their attendance at the volunteer event. She encouraged volunteers to RSVP. She remarked both she and Mayor Earling are now members of the hurricane club. Councilmember Nelson reported he attended Bird Fest on Saturday and the 9/11 memorial at Station 17 on Sunday. He thanked the Fire District 1 firefighters who made that memorial a reality and worked until the wee hours of the morning last year to finish it. He was disappointed to learn at the last Pedestrian Task Force meeting that the Public Works Department will not be submitting a funding request for pedestrian safety education. He cited two pedestrians seriously injured in the last several weeks; a male hit on August 26 when crossing 238t` and a female hit and seriously injured on 5ffi Avenue downtown on September 10. He said pedestrian safety education and traffic enforcement need to be a funding priority in the 2017 budget. 10. CONVENE IN EXECUTIVE SESSION REGARDING PENDING OR POTENTIAL LITIGATION PER RCW 42.30.110(1)(i) This item was not needed. 11. RECONVENE IN OPEN SESSION. POTENTIAL ACTION AS A RESULT OF MEETING IN EXECUTIVE SESSION This item was not needed. 12. ADJOURN With no further business, the Council meeting was adjourned at 8:57 p.m. Edmonds City Council Draft Minutes September 13, 2016 Page 13 Packet Pg. 16 4.2 City Council Agenda Item Meeting Date: 09/20/2016 Approval of claim checks. Staff Lead: Scott James Department: Administrative Services Preparer: Nori Jacobson Background/History Approval of claim checks #221792 through #221902 dated September 15, 2016 for $707,314.25. Staff Recommendation Approval of claim checks. Financial Impact Claims $707,314.25 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: claim cks 09-15-16 FrequentlyUsedProjNumbers 09-15-16 Packet Pg. 17 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 221792 9/15/2016 072627 911 ETC INC 38830 MONTHLY 911 DATABASE MAINT Monthly 911 database maint 001.000.31.518.88.48.00 Total 221793 9/15/2016 070322 A&A LANGUAGE SERVICES INC 15-38527 INTERPRETER FEE INTERPRETER FEE 001.000.39.512.52.41.00 15-38929 INTERPRETER FEE INTERPRETER FEE 001.000.39.512.52.41.00 15-39137 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 15-39152 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 15-39280 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 15-39339 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 15-40333 INTREPRETER FEE INTREPRETER FEE 001.000.23.523.30.41.01 15-41062 INTREPRETER FEE INTREPRETER FEE 001.000.23.523.30.41.01 15-41063 INTREPRETER FEE INTREPRETER FEE 001.000.23.523.30.41.01 15-41221 INTREPRETER FEE INTREPRETER FEE 001.000.23.523.30.41.01 4.2.a Page: 1 Page: 1 Packet Pg. 18 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher Date Vendor 221793 9/15/2016 070322 A&A LANGUAGE SERVICES INC Voucher List City of Edmonds 4.2.a Page: 2 Invoice PO # Description/Account Amoun (Continued) 15-41285 INTREPRETER FEE _ INTREPRETER FEE 0 001.000.23.512.50.41.01 159.0( 15-41297 INTREPRETER FEE t INTREPRETER FEE U 001.000.23.523.30.41.01 141.6( •@ 15-41389 INTREPRETER FEE U INTREPRETER FEE p 001.000.39.512.52.41.00 201.0z 15-41439 INTREPRETER FEE p INTREPRETER FEE a 001.000.23.523.30.41.01 157.8z Q 15-41760 INTREPRETER FEE INTREPRETER FEE N 001.000.23.523.30.41.01 178.7, 15-41837 INTREPRETER FEE INTREPRETER FEE 001.000.23.523.30.41.01 201.0z r 15-42113 INTREPRETER FEE °6 0 INTREPRETER FEE Y 001.000.39.512.52.41.00 152.7( 15-42303 INTREPRETER FEE E INTREPRETER FEE f° 001.000.39.512.52.41.00 179.4z .. 15-42487 INTREPRETER FEE m INTREPRETER FEE E 001.000.39.512.52.41.00 150.0( U 15-42492 INTREPRETER FEE r INTREPRETER FEE Q 001.000.23.523.30.41.01 145.2, 15-42543 INTREPRETER FEE INTREPRETER FEE 001.000.23.523.30.41.01 164.8( Total : 3,427.71 Page: 2 Packet Pg. 19 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher Date Vendor 221794 9/15/2016 069798 A.M. LEONARD INC 221795 9/15/2016 065052 AARD PEST CONTROL Voucher List City of Edmonds Invoice C116157596 372767 372827 221796 9/15/2016 072189 ACCESS INFORMATION MANAGEMENT 1584941 221797 9/15/2016 075397 ACKER, JAMIE BF-09102016 221798 9/15/2016 069751 ARAMARK UNIFORM SERVICES 1988774534 1988774535 PO # Description/Account FISHING PIER TRASH CART FISHING PIER TRASH CART 001.000.64.576.80.31.00 Total MEADOWDALE CC PEST CONTROI MEADOWDALE CC PEST CONTROI 001.000.64.576.80.41.00 PM & SENIOR CENTER PEST CONI PM & SENIOR CENTER PEST CONI 001.000.64.576.80.41.00 Total STORAGE OF DOCUMENTS 9/1/16 STORAGE OF DOCUMENTS 09/01/� 001.000.25.514.30.41.00 Total BIRD FEST SPEAKER FEE 9/10/16 Bird Fest Speaker Fee 09/10/16 001.000.61.558.70.41.00 Total WWTP: UNIFORMS, TOWELS & MA wwtp uniforms 423.000.76.535.80.24.00 wwtp mats & towels 423.000.76.535.80.41.00 9.8% Sales Tax 423.000.76.535.80.24.00 9.8% Sales Tax 423.000.76.535.80.41.00 PARKS MAINT UNIFORM SERVICE PARKS MAINT UNIFORM SERVICE 001.000.64.576.80.24.00 Total 4.2.a Page: 3 Amoun 300.5 vi 300.51 c� a� t E 82.3: 4- 0 c� 137.2E p 219.6( a Q. Q LO N 85.0( Lo 85.0( m L6 r d) 75.0( 75.0( Y E 5.1( m 115.9£ E U M 56.2E 189.2( Page: 3 Packet Pg. 20 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 4 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 221799 9/15/2016 069076 BACKGROUND INVESTIGATIONS INC CFC0816 PRE -EMPLOYMENT BACKGROUND 1 NATIONWIDE / 6 STATEWIDE / 7 001.000.22.518.10.41.00 120.0( Total: 120.0( 221800 9/15/2016 002100 BARNARD, EARL 055 LEOFF 1 MEDICAL REIMBURSEMEI PRESCRIPTION REIMBURSEMENT 617.000.51.517.20.23.00 90.0( Total: 90.0( 221801 9/15/2016 075217 BASLER, TONY 14572 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 107.5 , Total: 107.5 , 221802 9/15/2016 072455 BEAR COMMUNICATIONS INC 4509528 CITY RADIOS City Radios 511.100.77.594.48.64.00 752.0( Freight 511.100.77.594.48.64.00 26.2( 9.8% Sales Tax 511.100.77.594.48.64.00 76.2 , Total: 854.5: 221803 9/15/2016 073041 BECK & ASSOCIATES PLLC 2016-EDM-05 CONSULTING -REVIEWS BLD2016-C CONSULTING -REVIEWS, BLD2016-i 001.000.62.524.20.41.00 4,871.6, Total: 4,871.6, 221804 9/15/2016 074307 BLUE STAR GAS 6644 FLEET AUTO PROPANE 602.1 GAL Fleet Auto Propane 602.1 Gal 511.000.77.548.68.34.12 568.4: Total: 568.4! 221805 9/15/2016 073760 BLUELINE GROUP LLC 12110 ESNA.SERVICES THRU JULY 2016 ESNA.Services thru July 2016 421.000.74.534.80.41.00 334.6E Page: 4 Packet Pg. 21 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 5 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 221805 9/15/2016 073760 BLUELINE GROUP LLC (Continued) ESNA.Services thru July 2016 _ 422.000.72.531.90.41.00 334.E 1 vi ESNA.Services thru July 2016 423.000.75.535.80.41.00 334.E 12251 E5GA/E5JA/E4GB.SERVICES THRU ESGA.Services thru August 2016 cu 423.200.75.594.35.41.00 20,506.6( 6 ESJA.Services thru August 2016 0 421.200.74.594.34.41.00 3,728.5z 15 E4GB.Services thru August 2016 0 423.200.75.594.35.41.00 7,982.8( a 12255 E6FB.SERVICES THRU AUGUST 20 Q E6FB.Services thru August 2016 LO 422.200.72.594.31.41.00 536.0( 04 Total : 33,757.91 m 221806 9/15/2016 075678 BOYD LEGAL PLLC BL-16-008 PUBLIC DEFENDER PUBLIC DEFENDER r 001.000.39.512.52.41.00 600.0( c Total: 600.0( N 221807 9/15/2016 067391 BRAT WEAR 19752 INV#19752 - EDMONDS PD - BARD E S/S TRADITIONAL SHIRT - BARD ca 001.000.41.521.22.24.00 59.0( EMBROIDER NAME ON SHIRT - BAI c 001.000.41.521.22.24.00 8.0( E UNIFORM PANTS - MCCLURE U 001.000.41.521.10.24.00 89.0( 9.8% Sales Tax r Q 001.000.41.521.22.24.00 6.5 1 9.8% Sales Tax 001.000.41.521.10.24.00 8.7, Total: 171.21 221808 9/15/2016 003510 CENTRAL WELDING SUPPLY LY 237819 SPRAY PARK CARBON DIOXIDE Page: 5 Packet Pg. 22 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher List City of Edmonds Voucher Date Vendor Invoice PO # Description/Account 221808 9/15/2016 003510 CENTRAL WELDING SUPPLY (Continued) SPRAY PARK CARBON DIOXIDE 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 RN08161025 SPRAY PARK CARBON DIOX AND H SPRAY PARK CARBON DIOX AND H 001.000.64.576.80.31.00 9.8% Sales Tax 001.000.64.576.80.31.00 Total: 221809 9/15/2016 075754 CHANG & KYUNG CHOI 8-10225 #16-58744 UTILITY REFUND #16-58744 Utility refund due to 411.000.233.000 Total: 221810 9/15/2016 065682 CHS ENGINEERS LLC 451601-1608 ESHA.SERVICES THRU AUGUST 20 ESHA.Services thru August 2016 423.100.76.594.39.41.10 Total: 221811 9/15/2016 069457 CITY OF EDMONDS BLD20160728 DOWNTOWN RR.BUILDING PERMI' Downtown RR.Building Permit Fee 132.000.64.594.76.65.00 ENG20160277 DOWNTOWN RR.ROW PERMIT FEE Downtown RR.ROW Permit Fee 132.000.64.594.76.65.00 ENG20160278 DOWNTOWN RR.SEWER PERMIT F Downtown RR.Sewer Permit Fee 132.000.64.594.76.65.00 ENG20160280 DOWNTOWN RR.WATER CONNEC- Downtown RR.Water Connection Fee 132.000.64.594.76.65.00 Total: 4.2.a Page: 6 Page: 6 Packet Pg. 23 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 7 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 221812 9/15/2016 075750 CLINTON & MEAGAN LEARY 8-15825 #611136006-JG UTILITY REFUND #611136006-JG Utility refund due to 411.000.233.000 127.8z Total: 127.81 221813 9/15/2016 074255 COAL CREEK ENVIRONMENTAL ASSOC 120902-15 WWTP: 7/31-9/3/16 TECH ASSISTAI` 7/31-9/3-16 Technical assistance in 423.000.76.535.80.41.00 1,512.5' Total: 1, 512.5' 221814 9/15/2016 073135 COGENT COMMUNICATIONS INC SEPT-16 C/A CITYOFED00001 Sept-16 Fiber Optics Internet Connec 001.000.31.518.87.42.00 400.0( Total: 400.0( 221815 9/15/2016 075759 CONSERVATION CATALYST BF-09102016 BIRD FEST SPEAKER FEE Bird Fest Speaker Fee 09/10/16 001.000.61.558.70.41.00 100.0( Total: 100.0( 221816 9/15/2016 004867 COOPER, JACK F 054 LEOFF 1 MEDICAL REIMBURSEMEI PRESCRIPTION & DEDUCTIBLE EX 617.000.51.517.20.23.00 322.5( Total: 322.5E 221817 9/15/2016 072848 COPIERS NW 1437264 INV#1437264 ACCT#HMH636 - EDM LEASE #IRC5045 8/5 TO 9/4/2016 001.000.41.521.10.45.00 226.7 1 9.8% Sales Tax 001.000.41.521.10.45.00 22.2, 1437600 INV#1437600 ACCT#HMH636 - EDM 5,357 B/W COPIES 8/5 TO 9/4/16 001.000.41.521.10.45.00 42.8( 3,923 COLOR COPIES 8/5 TO 9/4/1E 001.000.41.521.10.45.00 184.3£ 9.8% Sales Tax Page: 7 Packet Pg. 24 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher Date Vendor 221817 9/15/2016 072848 COPIERS NW 221818 9/15/2016 006200 DAILY JOURNAL OF COMMERCE Voucher List City of Edmonds Invoice (Continued) 3317072 3317120 221819 9/15/2016 075756 DAUNTE GOUGE & KATHRIN WISSLER 4-20025 221820 9/15/2016 073823 DAVID EVANS & ASSOC INC 221821 9/15/2016 006626 DEPT OF ECOLOGY 221822 9/15/2016 064531 DINES, JEANNIE 378575 POC L1400002 16-3690 PO # Description/Account 001.000.41.521.10.45.00 Total : E3DD.INVITATION TO BID AD E3DD,Invitation to Bid Ad 112.000.68.595.33.41.00 BUSINESS RECRUITMENT ADS AU( Business recruitment ads August 201 001.000.61.558.70.41.40 Total #500044726-KD UTILITY REFUND #500044726-KD Utility refund - recei\j 411.000.233.000 Total E1CA.SERVICES THRU 6/11/16 E1CA.Services thru 6/11/16 112.000.68.595.33.41.00 E1CA.Services thru 6/11/16 112.000.68.595.20.61.00 E1CA.PMT OF OUTSTANDING COS' E1 CA.Pmt of Outstanding Costs 112.000.68.595.33.41.00 Total WWTP: #5 LOAN PAYMENT/INTERE Principal: 423.000.76.591.39.78.10 Interest: 001-727-1-1400002N-0409-0 423.000.76.592.39.83.10 Admin/Debt Service Charge: 423.000.76.592.35.89.00 Total CITY COUNCIL MINUTES 9/6/2016 4.2.a Page: 8 Page: 8 Packet Pg. 25 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 9 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 221822 9/15/2016 064531 DINES, JEANNIE (Continued) 09/06/16 CITY COUNCIL MINUTES P 001.000.25.514.30.41.00 313.5( Total: 313.5( 221823 9/15/2016 074554 DOMINGUEZ, EDWARD BF-09102016 BIRD FEST SPEAKER FEE Bird Fest speaker fee 9/10/16 001.000.61.558.70.41.00 75.0( Total: 75.0( 221824 9/15/2016 072139 DURHAM GEO SLOPE INDICATOR 2089325 REPAIR OF GROUNWATER MONIT( Repair of Groundwater Monitoring 422.000.72.531.40.35.00 126.E 1 Total: 126.6 , 221825 9/15/2016 007675 EDMONDS AUTO PARTS 65450 PM: CAL GLD CLNR PM: CAL GLD CLNR 001.000.64.576.80.31.00 11.9� 9.8% Sales Tax 001.000.64.576.80.31.00 1.1 £ Total: 13.1 , 221826 9/15/2016 007905 EDMONDS FAMILY MEDICINE CLINIC E1746228 PRE -EMPLOYMENT TESTING (PD) FIT FOR DUTY EXAM - PD 001.000.22.521.10.41.00 133.0( E1747328 PRE -EMPLOYMENT TESTING (PD) FIT FOR DUTY EXAM - PD 001.000.22.521.10.41.00 195.0( Total: 328.0( 221827 9/15/2016 074302 EDMONDS HARDWARE & PAINT LLC 001788 PM: PAINT, FASTENER PM: PAINT, FASTENER 001.000.64.576.80.31.00 11.1 1 9.8% Sales Tax 001.000.64.576.80.31.00 1.0� Total: 12.2E Page: 9 Packet Pg. 26 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 221828 9/15/2016 038500 EDMONDS SENIOR CENTER 2016-07-01 07/16 RECREATION SERVICES COP 07/16 Recreation Services Contract F 001.000.39.569.10.41.00 2016-09-01 09/16 RECREATION SERVICES COP 09/16 Recreation Services Contract F 001.000.39.569.10.41.00 Total: 221829 9/15/2016 008705 EDMONDS WATER DIVISION 5-00080 IRRIGATION AT HWY 99/COUNTY LI IRRIGATION AT HWY 99/COUNTY LI 001.000.64.576.80.47.00 5-10351 INTERURBAN TRAIL INTERURBAN TRAIL 001.000.64.576.80.47.00 Total: 221830 9/15/2016 075566 EHRBAR, PAMELA 091616 BID ADMINISTRATIVE SERVICES 8/ Administrative services for BID 140.000.61.558.70.41.00 Tota I : 221831 9/15/2016 009350 EVERETT DAILY HERALD EDH718412 E3DD.INVITATION TO BID AD E3DD.Invitation to Bid Ad 112.000.68.595.33.41.00 EDH719136 E5FB.SEPAAD E5FB.SEPAAd 422.000.72.531.90.41.00 Total: 221832 9/15/2016 075757 FARMERS ELECTRIC 497 FS 20 - GENERATOR REPLACEMEI` FS 20 - Generator Replacement 016.000.66.518.30.48.00 9.8% Sales Tax 016.000.66.518.30.48.00 Tota I : 221833 9/15/2016 066378 FASTENAL COMPANY WAMOU41203 PM: 1/4-20 X 1 S/S, PHILLIPSINSER 4.2.a Page: 10 Page: 10 Packet Pg. 27 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 11 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 221833 9/15/2016 066378 FASTENAL COMPANY (Continued) PM: 1/4-20 X 1 S/S, PHILLIPSINSER 001.000.64.576.80.31.00 20.2z 9.8% Sales Tax 001.000.64.576.80.31.00 1.9E WAMOU41206 FLEET - SHOP SUPPLIES Fleet - Shop Supplies 511.000.77.548.68.31.20 29.6 , 9.8% Sales Tax 511.000.77.548.68.31.20 2.9' Total: 54.8( 221834 9/15/2016 075752 FLSMIDTH USA INC 923639016 WWTP: 4', 6'+20GASQUEEGEES 4', 6'&20GA SQUEEGEES 423.000.76.535.80.31.00 1,536.0( Freight 423.000.76.535.80.31.00 37.5E 9.8% Sales Tax 423.000.76.535.80.31.00 154.2' 221835 9/15/2016 011900 FRONTIER 221836 9/15/2016 075751 GLEN ACKERMAN 425-776-5316 2-09700 221837 9/15/2016 063137 GOODYEAR AUTO SERVICE CENTER 133135 Total ; 425-776-5316 PARKS MAINT FAX LII 425-776-5316 PARKS MAINT FAX LII 001.000.64.576.80.42.00 Total #40168744-807-CR4 UTILITY REFUr #40168744-807-CR4 Utility refund - 411.000.233.000 Total UNIT 122 TIRE INVENTORY Unit 122 Tire Inventory 511.000.77.548.68.34.30 State Tire Fees 511.000.77.548.68.34.30 Page: 11 Packet Pg. 28 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 12 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 221837 9/15/2016 063137 GOODYEAR AUTO SERVICE CENTER (Continued) 9.8% Sales Tax 511.000.77.548.68.34.30 32.9� Total: 373.55 221838 9/15/2016 012900 HARRIS FORD INC 164984 UNIT 455 - ACTUATOR Unit 455 - Actuator 511.000.77.548.68.31.10 91.9� 9.8% Sales Tax 511.000.77.548.68.31.10 9.01 165066 UNIT 49 - SWITCH Unit 49 - Switch 511.000.77.548.68.31.10 68.3E 9.8% Sales Tax 511.000.77.548.68.31.10 6.7( Total: 176.05 221839 9/15/2016 072647 HERRERA ENVIRONMENTAL 39004 ESFB.SERVICES THRU 7/29/16 ESFB.Services thru 7/29/16 422.000.72.531.90.41.00 8,595.4, Total: 8,595.4, 221840 9/15/2016 064528 HI -LINE ELECTRICAL 10483469 UNIT EQ96PO - SUPPLIES Unit EQ96PO - Supplies 511.100.77.594.48.64.00 267.5 1 Freight 511.100.77.594.48.64.00 8.9: 9.8% Sales Tax 511.100.77.594.48.64.00 27.0E Total: 303.6( 221841 9/15/2016 013677 HORTICULTURE 2 YRS HORTICULTURE 2 YRS HORTICULTURE MAGAZINE 2 YRS HORTICULTURE MAGAZINE 001.000.64.576.80.49.00 31.9: Total: 31.9'. Page: 12 Packet Pg. 29 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher Date Vendor 221842 9/15/2016 073548 INDOFF INCORPORATED Voucher List City of Edmonds 4.2.a Page: 13 Invoice PO # Description/Account Amoun 2842808 OFFICE SUPPLIES NAVIGATOR PLATINUM COPY PAPE _ 001.000.61.557.20.31.00 51.9E vi NAVIGATOR PLATINUM COPY PAPE U 001.000.21.513.10.31.00 w 51.9E NAVIGATOR PLATINUM COPY PAPE E 001.000.22.518.10.31.00 52.0( 6PK KLEENEX 001.000.22.518.10.31.00 13.8z o YELLOW LEGAL PADS 001.000.22.518.10.31.00 10.9� o 9.8% Sales Tax a 001.000.61.557.20.31.00 5.1( Q 9.8% Sales Tax 001.000.21.513.10.31.00 5.1( 9.8% Sales Tax 001.000.22.518.10.31.00 7.5, 2843439 OFFICE SUPPLIES WHITE LEGAL PADS r 001.000.22.518.10.31.00 10.9E o 9.8% Sales Tax Y 001.000.22.518.10.31.00 1.0E 2845912 OFFICE SUPPLY RETURN E RETURNED YELLOW PADS MINUS 001.000.22.518.10.31.00 -7.7f 9.8% Sales Tax 001.000.22.518.10.31.00 -0.7( E 2846712 OFFICE SUPPLIES -STAMP U OFFICE SUPPLIES -STAMP r Q 001.000.62.524.10.31.00 22.8, 2848691 OFFICE SUPPLIES -PAPER OFFICE SUPPLIES -PAPER 001.000.62.524.10.31.00 198.7: 2848775 OFFICE SUPPLIES -CORRECTION T OFFICE SUPPLIES -CORRECTION T Page: 13 Packet Pg. 30 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 14 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 221842 9/15/2016 073548 INDOFF INCORPORATED (Continued) 001.000.62.524.10.31.00 18.3' 2849402 DELUXE COUNTER PENS Preventa Deluxe Counter Pen - Qty 2 001.000.31.514.23.31.00 16.4E 9.8% Sales Tax 001.000.31.514.23.31.00 1.6. Total: 459.9E 221843 9/15/2016 070250 IRON MOUNTAIN 201054216 08-16 OFF SITE DATA STORAGE SE Aug-2016 Off site data storage servic 001.000.31.518.88.41.00 183.9' Tota I : 183.9' 221844 9/15/2016 014957 J B INSTANT LAWN 552902 9/11 MEMORIAL TURF 9/11 MEMORIAL TURF 001.000.64.576.80.31.00 498.5, 9.8% Sales Tax 001.000.64.576.80.31.00 48.8: Tota I : 547.3 , 221845 9/15/2016 075062 JAMESTOWN NETWORKS 4112 FIBER OPTICS INTERNET CONNEC Sept-16 Fiber Optics Internet Connec 001.000.31.518.87.42.00 500.0( 9.8% Sales Tax 001.000.31.518.87.42.00 49.0( Total: 549.0( 221846 9/15/2016 075661 JANET MAPLES DESIGN /IZZY GIRL BID-09092016 SOCIAL MEDIA SERVICES FOR BID Social Media services for BID 140.000.61.558.70.41.00 510.0( Total: 510.0( 221847 9/15/2016 064934 JOHN BARKER LANDSCAPE 9/8 BANDSHELL REPLAC 9/8/16 BANDSHELL REPLACEMENT 9/8/16 BANDSHELL REPLACEMENT 125.000.64.576.80.41.00 4,019.0( 9/8 RESTROOM DESIGN 9/8/16 RESTROOM DESIGN DEVEL, Page: 14 Packet Pg. 31 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 15 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 221847 9/15/2016 064934 JOHN BARKER LANDSCAPE (Continued) 9/8/16 RESTROOM DESIGN DEVEU 132.000.64.594.76.65.00 9,076.0( Y 9/8 WATERFRONT RESTO 9/8/16 WATERFRONT RESTORATIO 9/8/16 WATERFRONT RESTORATIO t 125.000.64.594.75.41.00 10,865.0( U Total: 23,960.0( c� 221848 9/15/2016 075755 JOSEPH & KELSIE DEFRANCISCO 4-43925 #16-459-RDW UTILITY REFUND o #16-459-RDW Utility refund due to 411.000.233.000 239.2( p Total: 239.2E a Q. 221849 9/15/2016 067330 KAR-VEL CONSTRUCTION INC ESGA.Pmt 2 ESGA.PMT 2 THRU 8/31/16 Q ESGA.Pmt 2 thru 8/31/16 ul N 423.200.75.594.35.65.00 291,988.1 1 LO ESGA.Ret 2 .. 423.200.223.400 -13,296.3j Total: 278,691.8( r d6 221850 9/15/2016 066489 KENT D BRUCE CO LLC 1756 UNITS EQ96PO, E107PO, E124PO - Units EQ96PO, E107PO, E124PO - N 511.100.77.594.48.64.00 419.4( E Freight 511.100.77.594.48.64.00 11.7 , 9.5% Sales Tax 511.100.77.594.48.64.00 40.9( Total: 472.1: t U a 221851 9/15/2016 069343 KRAZAN & ASSOCIATES INC 1607753-1283 E4MB.TO 16-01.SERVICES THRU J( Q E4MB.TO 16-01.Services thru July 2C 016.000.66.518.30.41.00 7,160.0( Total: 7,160.0( 221852 9/15/2016 017050 KW ICK'N KLEEN CAR WASH 08112016-03 CITY CAR WASHES City Car Washes Page: 15 Packet Pg. 32 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 16 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 221852 9/15/2016 017050 KWICK'N KLEEN CAR WASH (Continued) 511.000.77.548.68.48.00 5.0z 09062016-01 INV#09062016-01 - EDMONDS PD - 35 CAR WASHES @ $5.04 (INC TX) 001.000.41.521.22.48.00 176.4( Total: 181.41 221853 9/15/2016 075016 LEMAY MOBILE SHREDDING 4491035 INVOICE #4491035 SHREDDING SE INVOICE #4491035 SHREDDING SE 001.000.25.514.30.41.00 2.3< INVOICE #4491035 SHREDDING SE 001.000.31.514.23.41.00 2.3, Total: 4.6E 221854 9/15/2016 073603 LIGHTHOUSE LAW GROUP PLLC Sept-16 09-16 LEGALS FEES 09-16 Legal fees 001.000.36.515.31.41.00 42,640.0( Total: 42,640.0( 221855 9/15/2016 067631 LODESTAR COMPANY INC 143853 WWTP: REPAIR BROKEN EXHAUST Repair broken exhaust fan - Bldg. 30( 423.000.76.535.80.48.00 249.5( 9.8% Sales Tax 423.000.76.535.80.48.00 24.4: Total: 273.9. 221856 9/15/2016 069362 MARSHALL, CITA 1524 INTERPRETER FEE INTERPRETER FEE 001.000.39.512.52.41.00 86.0E Total: 86.0E 221857 9/15/2016 075398 MARTIN, JARED BF-09092016 BIRD FESTAUDIO-VISUAL SUPPOF Bird Fest Audio Visual support 9/9/16 001.000.61.558.70.41.00 100.0( Total: 100.0( 221858 9/15/2016 019920 MCCANN, MARIAN 056 LEOFF 1 MEDICAL REIMBURSEMEI Page: 16 Packet Pg. 33 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 17 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 221858 9/15/2016 019920 MCCANN, MARIAN (Continued) IN HOME LTC 009.000.39.517.20.29.00 8,700.7: Total: 8,700.7E 221859 9/15/2016 075143 MEDVEDEV, ANDREI 14100 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 105.2( 14296 INTERPRETER FEE INTERPRETER FEE 001.000.23.512.50.41.01 105.2( Total: 210.4( 221860 9/15/2016 063773 MICROFLEX 00022423 ANNUAL ONLINE SERVICE FEE Annual online service fee - 9/1/16 - 001.000.31.514.23.41.00 1,200.0( 9.8% Sales Tax 001.000.31.514.23.41.00 117.6( Total: 1,317.6( 221861 9/15/2016 020900 MILLERS EQUIP & RENTALL INC 244477 PM: STOP BUFFER, HIP BELT, SER' PM: STOP BUFFER, HIP BELT, SER 001.000.64.576.80.31.00 105.9( 9.8% Sales Tax 001.000.64.576.80.31.00 10.3E Total: 116.31 221862 9/15/2016 075590 MOBILEGUARD INC 09843 08-16 NETGUARD MONTHLY SERVI NetGuard Monthly Service Building 001.000.62.524.20.42.00 36.0( NetGuard Monthly Service City Clerk 001.000.25.514.30.42.00 6.0( NetGuard Monthly Service Communit 001.000.61.557.20.42.00 6.0( NetGuard Monthly Service Court 001.000.23.512.50.42.00 6.0( Page: 17 Packet Pg. 34 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher List City of Edmonds 4.2.a Page: 18 Voucher Date Vendor Invoice PO # Description/Account Amoun 221862 9/15/2016 075590 MOBILEGUARD INC (Continued) NetGuard Monthly Service Developm, 001.000.62.524.10.42.00 6.0( Y NetGuard Monthly Service Engineerir 001.000.67.518.21.42.00 84.0( NetGuard Monthly Service Facilities U E 001.000.66.518.30.42.00 48.0( NetGuard Monthly Service Finance 001.000.31.514.23.42.00 6.0( o NetGuard Monthly Service Human Re 001.000.22.518.10.42.00 6.0( 0- NetGuard Monthly Service Informatioi a Q. 001.000.31.518.88.42.00 60.0( Q NetGuard Monthly Service Mayor's O- ;O 001.000.21.513.10.42.00 6.0( NetGuard Monthly Service Parks 001.000.64.576.80.42.00 12.0( co NetGuard Monthly Service PoliceLO 001.000.41.521.22.42.00 222.0( r NetGuard Monthly Service PW Water o 421.000.74.534.80.42.00 30.0( Y NetGuard Monthly Service PW Water 421.000.74.534.80.42.00 3.0( NetGuard Monthly Service PW Water 423.000.75.535.80.42.00 3.0( NetGuard Monthly Service PW Sewei 423.000.75.535.80.42.00 30.0( t NetGuard Monthly Service PW Storm U 422.000.72.531.90.42.00 6.0( Q NetGuard Monthly Service PW Street 111.000.68.542.90.42.00 18.0( NetGuard Monthly Service PW Fleet 511.000.77.548.68.42.00 6.0( NetGuard Monthly Service PW Admir 001.000.65.518.20.42.00 2.1( Page: 18 Packet Pg. 35 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher Date Vendor 221862 9/15/2016 075590 MOBILEGUARD INC 221863 9/15/2016 018950 NAPAAUTO PARTS Voucher List City of Edmonds 4.2.a Page: 19 Invoice PO # Description/Account Amoun (Continued) NetGuard Monthly Service PW Admin 421.000.74.534.80.42.00 0.6( Y NetGuard Monthly Service PW Admin 422.000.72.531.90.42.00 2.1( NetGuard Monthly Service PW Admin U E 423.000.75.535.80.42.00 0.6( '@ NetGuard Monthly Service PW Admin U 423.000.76.535.80.42.00 0.6( o NetGuard Monthly Service PW Street 111.000.68.542.90.42.00 3.0( 0- NetGuard Monthly Service PW Street a Q. 422.000.72.531.90.42.00 3.0( Q NetGuard Monthly Service WWTP ;O 423.000.76.535.80.42.00 30.0( Total : 642.0( m 736776 FLEET SHOP SUPPLIES Fleet Shop Supplies r 511.000.77.548.68.31.20 15.6� c 9.8% Sales Tax Y 511.000.77.548.68.31.20 1.5z 736780 FLEET SHOP SUPPLIES E Fleet Shop Supplies 511.000.77.548.68.31.20 4.01 ; 9.8% Sales Tax 511.000.77.548.68.31.20 0.4( E 737330 FLEET SHOP SUPPLIES U Fleet Shop Supplies r 511.000.77.548.68.31.20 2.4� Q 9.8% Sales Tax 511.000.77.548.68.31.20 0.2� 737332 FLEET SHOP SUPPLIES Fleet Shop Supplies 511.000.77.548.68.31.20 9.9( Page: 19 Packet Pg. 36 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 20 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 221863 9/15/2016 018950 NAPAAUTO PARTS (Continued) 9.8% Sales Tax 511.000.77.548.68.31.20 0.9E 739841 UNIT 98 - OIL FILTER Unit 98 - Oil Filter 511.000.77.548.68.31.10 10.2z 9.8% Sales Tax 511.000.77.548.68.31.10 1.0( Total: 46.6' 221864 9/15/2016 074356 NAVAS-RIVAS, HERNAN 14063 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 103.0' 14779 INTERPRETER FEE INTERPRETER FEE 001.000.23.523.30.41.01 103.0: Total: 206.0E 221865 9/15/2016 070855 NAVIA BENEFIT SOLUTIONS 10060186 NAVIA BENEFITS AUG 16 13 - SEC 125 PARTICIAPANT FEE 001.000.22.518.10.41.00 65.0( 1 - FLEXI COMMUTER - MONTHLY 001.000.22.518.10.41.00 25.0( Total: 90.0( 221866 9/15/2016 024302 NELSON PETROLEUM 0593964-IN FLEET FILTER INVENTORY Fleet Filter Inventory 511.000.77.548.68.34.40 24.0' 9.8% Sales Tax 511.000.77.548.68.34.40 2.3E 0595276-IN FLEET FILTER INVENTORY Fleet Filter Inventory 511.000.77.548.68.34.40 16.5 1 9.8% Sales Tax 511.000.77.548.68.34.40 1.6< Page: 20 Packet Pg. 37 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher Date Vendor 221866 9/15/2016 024302 024302 NELSON PETROLEUM 221867 9/15/2016 064215 NORTHWEST PUMP & EQUIP CO 221868 9/15/2016 067868 NW TANK & ENVIRONMENTAL 221869 9/15/2016 063511 OFFICE MAX INC Voucher List City of Edmonds Invoice (Continued) 2726640-00 60250 882220 927908 221870 9/15/2016 070166 OFFICE OF THE STATE TREASURER August, 2016 4.2.a Page: 21 PO # Description/Account Amoun Total : 44.5E FLEET SHOP AIR COMPRESSOR M vi Fleet Shop Air Compressor Maint Svc 511.000.77.548.68.48.00 427.3E 9.8% Sales Tax U 511.000.77.548.68.48.00 41.8E . Total: 469.2E FLEET - UST TESTING 4- Fleet - UST Testing > 511.000.77.548.68.48.00 981.3( a Total: 981.3( O GYMNASTICS: SCISSORS Qr) GYMNASTICS: SCISSORS LO 001.000.64.571.28.31.00 5.9: 9.8% Sales Tax 'fl 001.000.64.571.28.31.00 0.5E �n PM: LAM POUCHES, POST ITS, PAF A 9.8% Sales Tax 001.000.64.576.80.31.00 41.1E PM: LAM POUCHES, POST ITS, PAF 001.000.64.576.80.31.00 420.0E Total : 467.7; COURT, BLDG CODE & JIS TRANSI• y Emergency Medical Services & Traun E t 001.000.237.120 1,497.5( um PSEA 1, 2 & 3 Account Q 001.000.237.130 34,156.7� Building Code Fee Account 001.000.237.150 193.5( State Patrol Death Investigation 001.000.237.330 26.4z Judicial Information Systems Account Page: 21 Packet Pg. 38 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 221870 9/15/2016 070166 OFFICE OF THE STATE TREASURER (Continued) 221871 9/15/2016 073714 OLBRECHTS & ASSOC PLLC 221872 9/15/2016 074545 OLDS-OLYMPIC INC 221873 9/15/2016 073896 OLYMPIC BRAKE SUPPLY PO # Description/Account 001.000.237.180 School Zone Safety Account 001.000.237.200 Washington Auto Theft Prevention 001.000.237.250 Traumatic Brain Injury 001.000.237.260 Accessible Communities Acct 001.000.237.290 Multi -Model Transportation 001.000.237.300 Hwy Safety Acct 001.000.237.320 Crime Lab Blood Breath Analysis 001.000.237.170 WSP Hwy Acct 001.000.237.340 Total ; 082016 HEARING EXAMINER SERVICES Al HEARING EXAMINERS SERVICES 001.000.62.558.60.41.00 Total 000511-1624401 FLEET FUEL 75.54 GAL Fleet Fuel 75.54 Gal 511.000.77.548.68.34.10 2-362267 UNIT 5 - BRAKE SUPPLIES Unit 5 - Brake Supplies 511.000.77.548.68.31.10 9.8% Sales Tax 511.000.77.548.68.31.10 Total 4.2.a Page: 22 Page: 22 Packet Pg. 39 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 23 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 221873 9/15/2016 073896 073896 OLYMPIC BRAKE SUPPLY (Continued) Total: 291.5� 221874 9/15/2016 002203 OWEN EQUIPMENT COMPANY 00079996 UNIT 106 - SUPPLIES Unit 106 - Supplies 511.000.77.548.68.31.10 177.7( 9.8% Sales Tax 511.000.77.548.68.31.10 17.4, Total: 195.11 221875 9/15/2016 075758 PARRISH, JULIA BF-09092016 BIRD FEST KEY NOTE SPEAKER Bird Fest Keynote Speaker Fee 09/0� 001.000.61.558.70.41.00 500.0( Total: 500.0( 221876 9/15/2016 070962 PAULSONS TOWING INC 111314 INV#111314 - EDMONDS PD TOW 2007 CAMRY #AXW6924 001.000.41.521.22.41.00 166.0( 9.8% Sales Tax 001.000.41.521.22.41.00 16.2 , Tota I : 182.21 221877 9/15/2016 074793 PETDATA INC 5270 INV#5270 - EDMONDS PD - AUG 20 87 1-YR PET LICENSES @ $3.90 001.000.41.521.70.41.00 339.3( 3 REPLACEMENT TAGS @ $3.90 001.000.41.521.70.41.00 11.7( 9 LATE FEES @ $2.50 001.000.41.521.70.41.00 22.5( Total: 373.5( 221878 9/15/2016 028860 PLATT ELECTRIC SUPPLY INC K209138 WWTP: PLUGS/BUSHES/LOCKNUT 8 PLUGS/6 BUSHES/1 LOCKNUT 423.000.76.535.80.31.00 37.4 , 9.8% Sales Tax 423.000.76.535.80.31.00 3.6 , Total: 41.1� Page: 23 Packet Pg. 40 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account 221879 9/15/2016 070809 PUGET SOUND EXECUTIVE 15-3159 COURT SECURITY COURT SECURITY 001.000.23.512.50.41.00 Total 221880 9/15/2016 070955 R&R STAR TOWING 115541 INV#115541 - EDMONDS PD TOW 2003 HYUNDAI #759-ZWX 001.000.41.521.22.41.00 9.8% Sales Tax 001.000.41.521.22.41.00 Total 221881 9/15/2016 071467 S MORRIS COMPANY AUGUST 2016 INVOICE DATED 8/29/16 ACCT#700 #193844 - 1 NPC - 8/4/16 001.000.41.521.70.41.00 #201597 - 4 NPC - 8/25/16 001.000.41.521.70.41.00 Total 221882 9/15/2016 071660 SARVEYAUDUBON SOCIETY BF-09102016 BIRD FEST SPEAKER FEE 9/10/16 Bird Fest speaker fee 9/10/16 001.000.61.558.70.41.00 Total 221883 9/15/2016 074997 SEITEL SYSTEMS, LLC 37973 REMOTE COMPUTER SUPPORT Remote Computer Support 8/16/16 001.000.31.518.88.41.00 Total 221884 9/15/2016 068489 SIRENNET.COM 0205099-IN UNIT E119PR - AMBER LENS'S Unit E119PR - Amber Lens's 511.100.77.594.48.64.00 9.8% Sales Tax 511.100.77.594.48.64.00 Total 221885 9/15/2016 036955 SKY NURSERY T-0797401 PM: 9/11 MEMORIAL CYPRESS 4.2.a Page: 24 Page: 24 Packet Pg. 41 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds Bank code : usbank Voucher Date Vendor Invoice 221885 9/15/2016 036955 SKY NURSERY (Continued) 221886 9/15/2016 063351 SMITH, VINCENT BB31184 221887 9/15/2016 075543 SNO CO PUBLIC DEFENDER ASSOC 1573 221888 9/15/2016 037375 SNO CO PUD NO 1 1594 2002-0255-4 2006-5085-1 2006-5164-4 2008-6924-6 2011-8453-8 2013-8327-0 PO # Description/Account PM: 9/11 MEMORIAL CYPRESS 001.000.64.576.80.31.00 9.5% Sales Tax 001.000.64.576.80.31.00 Total : SICK LEAVE BUYBACK REFUND FC TIME LOSS CK 7631231 FOR 6/28 - 421.000.74.534.80.11.00 Total JULY 2016 PUBLIC DEFENSE SERV JULY 2016 PUBLIC DEFENSE SVCS 001.000.39.512.52.41.00 AUG 2016 PUBLIC DEFENSE SERV AUG 2016 PUBLIC DEFENSE COST 001.000.39.512.52.41.00 Total WWTP: 8/9-9/2/16 FLOW METER 24 8/9-9/2/16 WWTP: FLOW METER 24 423.000.76.535.80.47.62 CITY PARK RESTROOMS CITY PARK RESTROOMS 001.000.64.576.80.47.00 PARK MAINTENANCE SHOP PARK MAINTENANCE SHOP 001.000.64.576.80.47.00 CIVIC CENTER PLAYFIELD BLEACF CIVIC CENTER PLAYFIELD BLEACF 001.000.64.576.80.47.00 HICKMAN PARK HICKMAN PARK 001.000.64.576.80.47.00 CITY PARK GAZEBO 4.2.a Page: 25 Page: 25 Packet Pg. 42 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher Date Vendor 221888 9/15/2016 037375 SNO CO PUD NO 1 221889 9/15/2016 063941 SNO CO SHERIFFS OFFICE Voucher List City of Edmonds Invoice (Continued) 2014-5305-7 2019-2988-2 2021-1448-4 2025-4064-7 2016-3345 2016-3345 221890 9/15/2016 006630 SNOHOMISH COUNTY 69012 221891 9/15/2016 070167 SNOHOMISH COUNTY TREASURER August 2016 221892 9/15/2016 068360 SUMMIT LAW GROUP 80512 PO # Description/Account CITY PARK GAZEBO 001.000.64.576.80.47.00 CIVIC CENTER PLAYFIELD LIGHTS CIVIC CENTER PLAYFIELD LIGHTS 001.000.64.576.80.47.00 WWTP: 8/9-9/2/16 FLOW METER 84 8/9-9/2/16 WWTP FLOW METER 84; 423.000.76.535.80.47.62 CITY PARK S RESTROOMS & SHEL CITY PARK S RESTROOMS & SHEL 001.000.64.576.80.47.00 SIERRA PARK IRRIGATION 8100 191 SIERRA PARK IRRIGATION 8100 191 001.000.64.576.80.47.00 Total INV 2016-3345 INMATE MEDS JULY INMATE MEDICATION JULY 2016 001.000.39.523.60.31.00 INV 2016-3345 CREDIT - INMATE MI CREDIT FOR INMATE MEDS - 06/16 001.000.39.523.60.31.00 Total WWTP: 8/17/16 HAZARDOUS WASI 8/17/16 Hazardous Waste dropped of 423.000.76.535.80.47.66 Total Crime Victims Court Remittance Crime Victims Court Remittance 001.000.237.140 Total SUBSCRIPTION TO LABOR & EMPL 4.2.a Page: 26 Page: 26 Packet Pg. 43 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 27 Bank code : Voucher usbank Date Vendor Invoice PO # Description/Account Amoun 221892 9/15/2016 068360 SUMMIT LAW GROUP (Continued) 1 YEAR SINGLE SUBSCRIPTION _ 001.000.22.518.10.49.00 150.0( vi 9.8% Sales Tax 001.000.22.518.10.49.00 a� 14.7( Total: 164.7( E 221893 9/15/2016 040917 TACOMA SCREW PRODUCTS INC 18129728 FLEET SHOP SUPPLIES Fleet Shop Supplies c 511.000.77.548.68.31.20 6.6E @ 9.8% Sales Tax o 511.000.77.548.68.31.20 0.6E m Total: 7.3( Q 221894 9/15/2016 071666 TETRATECH INC 51087673 ESFD.SERVICES THRU 8/31/16 'n N ESFD.Services thru 8/31/16 'n .. 422.200.72.594.31.41.00 15,506.9E Total: 15,506.91 221895 9/15/2016 062693 US BANK 5179 NEWEGG.COM - ASUS VE228H 21.! a6 Newegg.com - Asus VE228H 21.5" LI 001.000.41.521.22.35.00 N 282.9( Newegg.com - ASUS VE248Q 24" LE E 001.000.31.518.88.35.00 DOTGOVREGISTRATION - Domain r 001.000.31.518.88.49.00 250.0( Newegg.com - ASUS VE228H 21.5" l °' t 001.000.41.521.40.35.00 523.9 , Newegg.com - Samsung 850EVO 251 r 001.000.41.521.40.35.00 103.6E Q Newegg.com - ORICO M31-14 4 port F 001.000.41.521.40.35.00 14.9E Newegg.com - Logitech MK520 Wirel 001.000.41.521.40.35.00 40.6( RefurbUPS.com - APC RBC27 Batter 001.000.31.518.88.31.00 233.2( Page: 27 Packet Pg. 44 vchlist 09/15/2016 8:36:39AM Voucher List City of Edmonds 4.2.a Page: 28 Bank code : usbank Voucher Date Vendor Invoice PO # Description/Account Amoun 221895 9/15/2016 062693 US BANK (Continued) Newegg.com - Startech .5m High SIDE 001.000.41.521.40.35.00 8.3' Apple Store - Mac mini 1.4GHz Dual i 001.000.31.518.88.35.00 547.9( Apple Store - Apple Developer ProgrE 001.000.31.518.88.49.00 108.7( 5639 WFOA TRAINING FOR D TURLEY WFOA- Federal Grants Requirement 001.000.31.514.23.49.00 125.0( Total: 2,414.31 221896 9/15/2016 075155 WALKER MACY LLC P3282.01-4 CIVIC MASTER PLAN CIVIC MASTER PLAN 125.000.64.576.80.41.00 14,230.6� Total: 14,230.65 221897 9/15/2016 065035 WASHINGTON STATE PATROL 117001495 INV#117001495 EDM301 - EDMOND: BACKGROUND CHECKS - AUGUST 001.000.237.100 280.2E Total: 280.2E 221898 9/15/2016 075345 WATCH SYSTEMS LLC 31009 INV#31009 - EDMONDS PD NIPF MAILING - BUCK - 2016 001.000.41.521.21.41.00 9.8% Sales Tax 001.000.41.521.21.41.00 31010 INV#31010 - EDMONDS PD NIPF MAILING - HICKS - 2016 001.000.41.521.21.41.00 9.8% Sales Tax 001.000.41.521.21.41.00 31011 INV#31011 -EDMONDS PD NIPF MAILING - SHOOP - 2016 001.000.41.521.21.41.00 9.8% Sales Tax Page: 28 Packet Pg. 45 vchlist 09/15/2016 8:36:39AM Bank code : usbank Voucher Date Vendor 221898 9/15/2016 075345 WATCH SYSTEMS LLC 221899 9/15/2016 075718 WEIS COMMUNICATIONS 221900 9/15/2016 073552 WELCO SALES LLC 221901 9/15/2016 075760 WELLMAN, LYNN Voucher List City of Edmonds Invoice PO # Description/Account (Continued) 001.000.41.521.21.41.00 31012 INC#31012 - EDMONDS PD NIPF MAILING - RUBIN 10/13/15 001.000.41.521.21.41.00 NIPF MAILING - MEIGS 10/13/15 001.000.41.521.21.41.00 001.000.41.521.21.41.00 31013 INV#31013 - EDMONDS PD NIPF MAILING - KRANTZ - 2015 001.000.41.521.21.41.00 9.6% Sales Tax 001.000.41.521.21.41.00 Total: 4805 HOME OCCUPATION BUSINESS RE Home occupation business research, 001.000.61.558.70.41.00 Total: 7148 INV#7148 - EDMONDS PD PRINTING 4 SETS OF CARDS 001.000.41.521.10.31.00 2,000 GENERIC BUSINESS CARDS 001.000.41.521.10.31.00 SET UP OF 4 NEW NAMES 001.000.41.521.10.31.00 9.8% Sales Tax 001.000.41.521.10.31.00 7158 ENVELOPES ENVELOPES 001.000.23.523.30.31.00 Total 21134 TAI CHI 21134 TAI CHI INSTRUCTION 4.2.a Page: 29 Page: 29 Packet Pg. 46 vchlist 09/15/2016 8:36:39AM Bank code: usbank Voucher Date Vendor 221901 9/15/2016 075760 WELLMAN, LYNN 221902 9/15/2016 075122 YAKIMA CO DEPT OF CORR 111 Vouchers for bank code : usbank 111 Vouchers in this report Voucher List City of Edmonds 4.2.a Page: 30 Invoice PO # Description/Account Amoun (Continued) 21134 TAI CHI INSTRUCTION 001.000.64.571.27.41.00 709.5( Y Total: 709.5( u a� t AUG 2016 EDMONDS AUG 2016 INMATE HOUSING & ME[ 28 DAYS HOUSING @ $54.75 E 001.000.39.523.60.51.00 M 1,533.0( 6 INMATE MEDS AUG 2016 c 001.000.39.523.60.31.00 4.4, Total: 1,537.4, p L Q Bank total : 707,314.2! Q Total vouchers : 707,314.2! N LO T- Page: 30 Packet Pg. 47 co r O O N Y V E V a+ C d E L V R r r Q 4.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC SWR 2013 Sanitary Sewer Pipe Rehabilitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA STR 2014 Chip Seals c451 E4CB STM 2014 Drainage Improvements c433 E41FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STR 2014 Overlay Program c438 E4CA a) v WTR 2014 Waterline Overlays c452 E4CC E STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA o STR 2015 Overlay Program c463 E5CA > 0 SWR 2015 Sewerline Overlays i007 E5CC Q. SWR 2015 Sewerline Replacement Project c441 E4GA Q STR 2015 Traffic Calming c471 E5AB N LO WTR 2015 Waterline Overlays c475 E5CB v WTR 2015 Waterline Replacement Program c440 E4J13 STR 2016 Overlay Program i008 E6CA SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA o rn SWR 2016 Sewerline Overlays i010 E6CC y WTR 2016 Water Comp Plan Update c460 E4JC E WTR 2016 Waterline Overlays i009 E6CB ? 0 WTR 2016 Waterline Replacement Projects c468 E5JA d SWR 2017 Sanitary Sewer Replacement Project i013 E6GA m rn WTR 2017 Waterline Replacement Projects i014 E6J13 >, STR 220th Street Overlay Project c462 E4CD y 0 STM 224th & 98th Drainage Improvements c486 E6FB L WTR 224th Waterline Relocation (2013) c418 E3J13 LL STR 228th St. SW Corridor Improvements i005 E7AC r a� STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD E v STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB Q STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STM 3rd Ave Rain Gardens i012 E6FC STR 76th Ave W at 212th St SW Intersection Improvements c368 ElCA STR 9th Avenue Improvement Project c392 E2AB FAC AN Upgrades - Council Chambers c476 E5LA STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR ADA Transition Plan s016 E6DB STR Bikelink Project c474 E5DA PRK City Spray Park c417 E4MA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB Revised 9/14/2016 Packet Pg. 48 PROJECT NUMBERS (By Project Title) 4.2.b Funding Project Title Protect Engineering Accounting Project Number Number SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 ESJB Revised 9/14/2016 Packet Pg. 49 4.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number STM Dayton Street & SR104 Storm Drainage Alternatives c374 ElFM PM Dayton Street Plaza c276 E7MA STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE FAC Edmonds Fishing Pier Rehab c443 E4MB STM Edmonds Marsh Feasibility Study c380 E2FC General Edmonds Waterfront Access Analysis c478 E5DB FAC ESCO III Project c419 E3LB WTR Five Corners Reservoir Re -coating c473 E5KA STIR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA PM Fourth Avenue Cultural Corridor c282 E8MA STIR Hwy 99 Enhancements (Phase III) c405 E2AD SWR Lake Ballinger Trunk Sewer Study sol l E5GB STM LID Retrofits Perrinville Creek Basin c434 E4FB SWR Lift Station #1 Basin & Flow Study c461 E4GC STM North Talbot Road Drainage Improvements c378 E2FA 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 Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC FAC Public Safety Controls System Upgrades c444 E4LA STM Seaview Park Infiltration Facility c479 E5FD WWTP Sewer Outfall Groundwater Monitoring c446 E4HA STIR SR104 Corridor Transportation Study c427 E3AB STIR SR104/City Park Mid -Block Crossing c454 E4DB STIR SR99 Safety Improvements (224th to 216th) s014 E6AA UTILITIES Standard Details Updates solo E5NA STM Storm Drainage Improvements - 88th & 194th c429 E3FG STIR Sunset Walkway Improvements c354 E1 DA STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/l06th Ave W Storm Improvements c430 E3FH STIR Trackside Warning System c470 E5AA STIR Train Trench - Concept c453 E4DA STIR Transportation Plan Update c391 E2AA STM Update Stormwater Management Code & Associated Projects c467 E5FB UTILITIES Utility Rate Update s013 E6JA PRK Veteran's Plaza c480 E6MA STM Video Assessment of Stormwater Lines c459 E4FF WWTP WWTP Outfall Pipe Modifications c481 E5HA ui U m t v E 2 U 0 0 L a u� N L0 Revised 9/14/2016 Packet Pg. 50 4.2.b PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title STR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STR 368 ve W at 212th St SW Intersection Improvements STR E1DA c354 Sunset Walkway Improvements STM yton Street & SR104 Storm Drainage Alternatives STM E1 FN c376 Perrinville Creek Culvert Replacement STR ransportation Plan Updat STR E2AB c392 9th Avenue Improvement Project y STR E2AD SElWy 99 Enhancements (Phase y z STM E2FA c378 North Talbot Road Drainage Improvements v E STM SW Edmonds Basin #3-238th St. SW t an Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study v 'Nor C SWR 0 2013 Sanitary Sewer Pipe Rehabilitation M STR E3AB c427 SR104 Corridor Transportation Study p L STR 238th St. SW Walkway (100th Ave to 104th Ave) =- STR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) Q STR E3 c425 236th St. SW Walkway (Edmonds Way to Madrona School) N STR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study T_ STM E3FE c410 Northstream Pipe Abandonment on Puget Drive Lh STM E3FG c429 Storm Drainage Improvements - 88th & 194th o to STM E3FH c430 SW Edmonds-1 05th/1 06th Ave W Storm Improvements SWR E3GA c398 2013 Sewerline Replacement Pr ' E WTR E3J13 c418 224th Waterline Relocation (2013) Z_ FAC E3LB c419 ESCO III Proje a` STR E4CA c438 2014 Overlay Program m N STR E4CB c451 2014 Chip Seals T WTR E4CC c452 2014 Waterline Overlays as STR E4CD c462 220th Street Overlay Project STR E4DA c453 Train Trench - Concept u_ STR E4DB c454 SR104/City Park Mid -Block Crossing STM E4FA c433 2014 Drainage Improvements E STM c434 LID Retrofits Perrinville Creek Basin v M STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration Q I&T c436 2014 Lake Ballinger Associated Projects STM E4FE c455 Dayton Street Stormwater Pump Station `STM Video Assessment of Stormwater Lines SWR E4GA c441 2015 Sewerline Replacement Project `,SWR Citywide CIPP Sewer Rehab Phase I SWR E4GC c461 Lift Station #1 Basin & Flow Study Revised 9/14/2016 Packet Pg. 51 4.2.b PROJECT NUMBERS (By Engineering Number) Engineering Project Project Accounting Funding Number Number Project Title WWTP EnErSewer Outfall Groundwater Monitoring WTR E4J13 c440 2015 Waterline Replacement Program WTR 60 2016 Water Comp Plan Update FAC E4LA c444 Public Safety Controls System Upgrades PRK lffi7ty Spray FAC E4MB c443 Edmonds Fishing Pier Rehab STR ackside Warning System STR E5AB c471 2015 Traffic Calming STR 2015 Overlay Program WTR E5CB c475 2015 Waterline Overlays SWR §Wl5 Sewerline Overla STR E5DA c474 Bikelink Project General dmonds Waterfront Access Analysi STM E5FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB Update Stormwater Management Code & Associated Projects STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) STM E5FD V 79 Seaview Park Infiltration Facility STM E5FE c484 12th Ave & Sierra Stormwater System Improvements SWR E5GA c469 2016 Sanitary Sewer Replacement Protect SWR E5G13 s011 Lake Ballinger Trunk Sewer Study WWTP E5HA �c481 WWTP Outfall Pipe Modifications WTR E5JA c468 2016 Waterline Replacement Projects WJLR E5J13 c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) WTR E5KA c473 Five Corners Reservoir Re -coating EMILE5LA c476 AN Upgrades - Council Chambers UTILITIES E5NA solo Standard Details Updates STR E6AA s014 SR99 Safety Improvements (224th to 216th) STR E6CA i008 2016 Overlay Program WTR E6CB i009 2016 Waterline Overlays SWR E6CC i010 2016 Sewerline Overlays STR E6DA c485 238th St. SW Walkway (Edmonds Way to Hwy 99) STR E6DI3 s016 ADA Transition Plan Northstream Culvert Repair Under Puget Drive STM E6FB c486 224th & 98th Drainage Improvements d Ave Rain Gardens SWR E6GA i013 2017 Sanitary Sewer Replacement Project WWR E6GB Citywide CIPP Sewer Rehab Phase II UTILITIES E6JA s013 Utility Rate Update E6J13 2017 Waterline Replacement Projects PRK E6MA c480 Veteran's Plaza 228th St. SW Corridor Improvements STM E7FG m013 NPDES (Students Saving Salmon) Dayton Street Plaza Revised 9/14/2016 Packet Pg. 52 4.2.b PROJECT NUMBERS (By Engineering Number) Engineering Project Proiect Accounting Funding Number Number Proiect Title PM EBMA c282 Fourth Avenue Cultural Corridor Revised 9/14/2016 Packet Pg. 53 4.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Proiect Accounting Funding Number Number Proiect Title PM E7MA c276 Dayton Street Plaza PM E8MA c282 Fourth Avenue Cultural Corridor STIR E1AA c342 Five Corners Roundabout (212th Street SW @ 84th Avenue W) STIR E1 DA c354 Sunset Walkway Improvements STIR E1CA c368 76th Ave W at 212th St SW Intersection Improvements STM E1 FM c374 Dayton Street & SR104 Storm Drainage Alternatives STM E1 FN c376 Perrinville Creek Culvert Replacement STM E21FA c378 North Talbot Road Drainage Improvements STM E2FB c379 SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System STM E2FC c380 Edmonds Marsh Feasibility Study SWR E2GB c390 2013 Sanitary Sewer Pipe Rehabilitation STIR E2AA c391 Transportation Plan Update STIR E2AB c392 9th Avenue Improvement Project SWR E3GA c398 2013 Sewerline Replacement Project STIR E2AD c405 Hwy 99 Enhancements (Phase III) STM E3FC c408 Perrinville Creek Stormwater Flow Reduction Retrofit Study STM E31FE c410 Northstream Pipe Abandonment on Puget Drive PRK E4MA c417 City Spray Park WTR E3J13 c418 224th Waterline Relocation (2013) FAC E3LB c419 ESCO III Project STIR E3DB c423 238th St. SW Walkway (100th Ave to 104th Ave) STIR E3DC c424 15th St. SW Walkway (Edmonds Way to 8th Ave) STIR E3DD c425 236th St. SW Walkway (Edmonds Way to Madrona School) STIR E3DE c426 ADA Curb Ramp Upgrades along 3rd Ave S STIR E3AB c427 SR104 Corridor Transportation Study STM E3FG c429 Storm Drainage Improvements - 88th & 194th STM E3FH c430 SW Edmonds-1 05th/1 06th Ave W Storm Improvements STM E41FA c433 2014 Drainage Improvements STM E4FB c434 LID Retrofits Perrinville Creek Basin STM E4FC c435 2014 Willow Creek Daylighting/Edmonds Marsh Restoration STM E4FD c436 2014 Lake Ballinger Associated Projects STIR E4CA c438 2014 Overlay Program WTR E4J13 c440 2015 Waterline Replacement Program SWR E4GA c441 2015 Sewerline Replacement Project FAC E4MB c443 Edmonds Fishing Pier Rehab FAC E41-A c444 Public Safety Controls System Upgrades WWTP E4HA c446 Sewer Outfall Groundwater Monitoring STIR E4CB c451 2014 Chip Seals WTR E4CC c452 2014 Waterline Overlays to U m t v E 2 v O O L Q sZ a u� N LO r Revised 9/14/2016 Packet Pg. 54 4.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Project Accounting Funding Number Number Project Title STR E4DA c453 Train Trench - Concept STR E4DB c454 SR104/City Park Mid -Block Crossing STM E41FE c455 Dayton Street Stormwater Pump Station SWR E4GB c456 Citywide CIPP Sewer Rehab Phase I STM E4FF c459 Video Assessment of Stormwater Lines WTR E4JC c460 2016 Water Comp Plan Update SWR E4GC c461 Lift Station #1 Basin & Flow Study y STR E4CD c462 220th Street Overlay Project y t STR E5CA c463 2015 Overlay Program v E STM E51FA c466 2015 Citywide Drainage Improvements/Rehab Projects STM E5FB c467 Update Stormwater Management Code & Associated Projects O WTR E5JA c468 2016 Waterline Replacement Projects SWR E5GA c469 2016 Sanitary Sewer Replacement Projects p L STR E5AA c470 Trackside Warning System Q STR E5AB c471 2015 Traffic Calming Q STM E5FC c472 Dayton Street Storm Improvements (6th Ave - 8th Ave) LO WTR E51KA c473 Five Corners Reservoir Re -coating 77 STR E5DA c474 Bikelink Project WTR E5CB c475 2015 Waterline Overlays FAC E5LA c476 AN Upgrades - Council Chambers o General E5DB c478 Edmonds Waterfront Access Analysis y STM E5FD c479 Seaview Park Infiltration Facility E PRK E6MA c480 Veteran's Plaza Z O WWTP E5HA c481 WWTP Outfall Pipe Modifications d WTR E5JB c482 Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) m N 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 3 a SWR E6GB c488 Citywide CIPP Sewer Rehab Phase II L u_ STR E7AC i005 228th St. SW Corridor Improvements SWR E5CC i007 2015 Sewerline Overlays E STR E6CA i008 2016 Overlay Program v ca WTR E6CB i009 2016 Waterline Overlays Q SWR E6CC i010 2016 Sewerline Overlays STM E61FA iol 1 Northstream Culvert Repair Under Puget Drive STM E6FC i012 3rd Ave Rain Gardens SWR E6GA i013 2017 Sanitary Sewer Replacement Project WTR E6J13 i014 2017 Waterline Replacement Projects STM E7FG m013 NPDES (Students Saving Salmon) UTILITIES E5NA solo Standard Details Updates SWR E5GB s011 Lake Ballinger Trunk Sewer Study UTILITIES E6JA s013 Utility Rate Update STR E6AA s014 SR99 Safety Improvements (224th to 216th) Revised 9/14/2016 Packet Pg. 55 4.2.b PROJECT NUMBERS (By New Project Accounting Number) Engineering Project Proiect Accounting Funding Number Number Proiect Title STIR E6DB s016 ADA Transition Plan Revised 9/14/2016 Packet Pg. 56 4.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Protect Funding Protect Title Number Number FAC A/V Upgrades - Council Chambers c476 E5LA FAC Edmonds Fishing Pier Rehab c443 E4MB FAC ESCO III Project c419 E3LB FAC Public Safety Controls System Upgrades c444 E41-A General Edmonds Waterfront Access Analysis c478 E5DB PM Dayton Street Plaza c276 E7MA PM Fourth Avenue Cultural Corridor c282 E8MA PRK City Spray Park c417 E4MA PRK Veteran's Plaza c480 E6MA STM 12th Ave & Sierra Stormwater System Improvements c484 E5FE STM 2014 Drainage Improvements c433 E4FA STM 2014 Lake Ballinger Associated Projects c436 E4FD STM 2014 Willow Creek Daylighting/Edmonds Marsh Restoration c435 E4FC STM 2015 Citywide Drainage Improvements/Rehab Projects c466 E5FA STM 224th & 98th Drainage Improvements c486 E6FB STM 3rd Ave Rain Gardens i012 E6FC STM Dayton Street & SR104 Storm Drainage Alternatives c374 E1 FM STM Dayton Street Storm Improvements (6th Ave - 8th Ave) c472 E5FC STM Dayton Street Stormwater Pump Station c455 E4FE STM Edmonds Marsh Feasibility Study c380 E2FC STM LID Retrofits Perrinville Creek Basin c434 E4FB STM North Talbot Road Drainage Improvements c378 E2FA 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 Perrinville Creek Culvert Replacement c376 E1 FN STM Perrinville Creek Stormwater Flow Reduction Retrofit Study c408 E3FC STM Seaview Park Infiltration Facility c479 E5FD STM Storm Drainage Improvements - 88th & 194th c429 E3FG STM SW Edmonds Basin #3-238th St. SW to Hickman Park Infiltration System c379 E2FB STM SW Edmonds-105th/106th Ave W Storm Improvements c430 E3FH STM Update Stormwater Management Code & Associated Projects c467 E5FB STM Video Assessment of Stormwater Lines c459 E4FF STR 15th St. SW Walkway (Edmonds Way to 8th Ave) c424 E3DC STR 2014 Chip Seals c451 E4CB STR 2014 Overlay Program c438 E4CA STR 2015 Overlay Program c463 E5CA STR 2015 Traffic Calming c471 E5AB Revised 9/14/2016 Packet Pg. 57 4.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Protect Fundinq Protect Title Number Number STR 2016 Overlay Program i008 E6CA STR 220th Street Overlay Project c462 E4CD STR 228th St. SW Corridor Improvements i005 E7AC STR 236th St. SW Walkway (Edmonds Way to Madrona School) c425 E3DD STR 238th St. SW Walkway (100th Ave to 104th Ave) c423 E3DB STR 238th St. SW Walkway (Edmonds Way to Hwy 99) c485 E6DA STR 76th Ave W at 212th St SW Intersection Improvements c368 E1CA STR 9th Avenue Improvement Project c392 E2AB STR ADA Curb Ramp Upgrades along 3rd Ave S c426 E3DE STR ADA Transition Plan s016 E6DB STR Bikelink Project c474 E5DA STR Five Corners Roundabout (212th Street SW @ 84th Avenue W) c342 E1AA STR Hwy 99 Enhancements (Phase III) c405 E2AD STR SR104 Corridor Transportation Study c427 E3AB STR SR104/City Park Mid -Block Crossing c454 E4DB STR SR99 Safety Improvements (224th to 216th) s014 E6AA STR Sunset Walkway Improvements c354 E1 DA STR Trackside Warning System c470 E5AA STR Train Trench - Concept c453 E4DA STR Transportation Plan Update c391 E2AA SWR 2013 Sanitary Sewer Pipe Rehablitation c390 E2GB SWR 2013 Sewerline Replacement Project c398 E3GA SWR 2015 Sewerline Overlays i007 E5CC SWR 2015 Sewerline Replacement Project c441 E4GA SWR 2016 Sanitary Sewer Replacement Projects c469 E5GA SWR 2016 Sewerline Overlays iolo E6CC SWR 2017 Sanitary Sewer Replacement Project i013 E6GA SWR Citywide CIPP Sewer Rehab Phase I c456 E4GB SWR Citywide CIPP Sewer Rehab Phase II c488 E6GB SWR Lake Ballinger Trunk Sewer Study sol l E5GB SWR Lift Station #1 Basin & Flow Study c461 E4GC UTILITIES Standard Details Updates solo E5NA UTILITIES Utility Rate Update s013 E6JA WTR 2014 Waterline Overlays c452 E4CC WTR 2015 Waterline Overlays c475 E5CB WTR 2015 Waterline Replacement Program c440 E4JB WTR 2016 Water Comp Plan Update c460 E4JC WTR 2016 Waterline Overlays io09 E6CB WTR 2016 Waterline Replacement Projects c468 E5JA WTR 2017 Waterline Replacement Projects i014 E6JB WTR 224th Waterline Relocation (2013) c418 E3JB WTR Dayton St. Utility Replacement Project (3rd Ave to 9th Ave) c482 E5JB WTR Five Corners Reservoir Re -coating c473 E5KA Revised 9/14/2016 Packet Pg. 58 4.2.b PROJECT NUMBERS (By Project Title) Project Engineering Accounting Project Funding Project Title Number Number WWTP Sewer Outfall Groundwater Monitoring c446 E4HA WWTP WWTP Outfall Pipe Modifications c481 E5HA Revised 9/14/2016 Packet Pg. 59 4.3 City Council Agenda Item Meeting Date: 09/20/2016 Ordinance amending the Edmonds City Code (ECC), amending parking provisions on Sunset Avenue Staff Lead: Phil Williams Department: Engineering Preparer: Megan Luttrell Background/History On August 23, 2016, Council directed staff to prepare an ordinance reducing the 4-hour on -street parking limit on Sunset Avenue to two hours. On September 13, 2016, staff presented the revised parking ordinance to Council and it was forwarded to the September 20th meeting for approval. Staff Recommendation Authorize Mayor to sign the Ordinance. Narrative A presentation of several design proposals, both interim and permanent, were presented to Council regarding the Sunset Walkway Project on August 23, 2016, along with a request for authority to continue design on the project. Amongst the proposals was one to restrict the parking hours along Sunset from the current 4-hour limit. Council voted to reduce the parking limitation to two hours. Attachments: Sunset Avenue Parking Ordinance Packet Pg. 60 4.3.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PARKING TIME LIMIT PROVISIONS OF ECC SECTION 8.64.065; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds offers on -street parking stalls on certain portions of its public rights -of -way; WHEREAS, many motorists are parking for long periods of time on Sunset Avenue between Bell Street and Caspers Street. (which currently has a four-hour parking limit); and WHEREAS, upon the direction and finding of the City Council, on -street parking on Sunset Avenue between Bell and Caspers Streets should be designated as 2-hour parking zones; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 8.64.065 of the Edmonds City Code, entitled "Schedule VI -A — Parking time limited for certain periods of time on certain streets," is hereby amended to read as follows (new text is shown as underlined; deleted text is shown as s4iledffettgh): 8.64.065 Schedule VI -A — Parking time limited for certain periods of time on certain streets. In accordance with ECC 8.48.155 and when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle for a period of time longer than the number of hours set forth below, or between the hours set forth below: Name of Street Hours — Stopped, Standing or Road or Parking Prohibited 1. Sunset Beach Four hours maximum at any access way and onetime. -1- Packet Pg. 61 4.3.a Name of Street Hours — Stopped, Standing or Road or Parking Prohibited Sunset Beach Park. 2. West side of Two-hour parking 8:00 Sunset Avenue a.m. to 10:00 p.m. No parking from Edmonds from 10:00 p.m. to 8:00 a.m.; Street to provided, however, the city Caspers Street. council may adjust the two- hour parking time and the no parking time set forth in this subsection by appropriate motion and upon erection of appropriate signs. 3. West side of Two-hour parking from 6:00 Admiral Way p.m. on Friday to midnight on from Dayton Sunday, and from 6:00 p.m. on Street to a point those days immediately 260 feet preceding public holidays to southerly. midnight on said public holidays. 4. Both sides of Four-hour parking, 8:00 a.m. the portion of to 10:00 p.m. No parking from 75th Place 10:00 p.m. to 8:00 a.m. West, north of North Meadowdale Road. 5. Five parking Two hours maximum between spaces the hours of 8:00 a.m. and designated by dusk.* No parking between city engineer dusk and 8:00 a.m. and located at the terminus and southerly end of Ocean Avenue. 6. Both sides of Three hours maximum at any Admiral Way one time. from its intersection M N LO as c c O aM c Y L cc IL as as Q as c c as E Q -2- Packet Pg. 62 4.3.a Name of Street Hours — Stopped, Standing or Road or Parking Prohibited with Dayton Street and south thereof to the end of the public right-of- way (approximately 2,300 feet). 7. Bracket's Four hours maximum at any Landing one time. parking lot. 8. Signed No use except for electric or parking stalls at plug-in hybrid vehicles for City Hall, three hours maximum while Public Safety, charging. and City Park parking lots. 9. Signed Thirty -minute limit for any use parking stalls at other than electric or plug-in 6th Avenue at hybrid vehicles. Electric or the Main Street plug-in hybrid vehicles for intersection. three hours maximum while charging. 10. Signed Three hours maximum parking stalls between the hours of 7:00 p.m. on south side of and 7:00 a.m. (Monday Dayton St. through Friday) between Edmonds Way/SR-104 and the railroad tracks. 11. Signed Three-hour parking from parking stall in midnight to 6:00 p.m. except front of 111 Sundays and holidays. No Sunset Avenue. parking 2:00 a.m. to 8:00 a.m. on Saturdays. *Dusk is hereby defined as commencim, 30 minutes following sunset. -3- Packet Pg. 63 4.3.a Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: MAYOR DAVID O. EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: M. JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 64 4.3.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2016, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE PARKING TIME LIMIT PROVISIONS OF ECC SECTION 8.64.065; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE The full text of this Ordinance will be mailed upon request. DATED this day of , 2016. CITY CLERK, SCOTT PASSEY -5- Packet Pg. 65 4.4 City Council Agenda Item Meeting Date: 09/20/2016 Interlocal Agreement with City of Lynnwood for Biosolids Disposal Staff Lead: Pamela Randolph Department: City Clerk's Office Preparer: Scott Passey Background/History Historically Edmonds has had an inter -local agreement with the City of Lynnwood to provide them with biosolids disposal during times of planned and emergency maintenance at their WWTP. The agreement has expired. This proposed new agreement contains similar terms with the only significant modification being that the City of Edmonds is increasing the cost per pound of solids processed from $0.25/dry lb to $0.40/dry lb in order to capture all costs associated with the processing of solids while still maintaining a comfortable margin and bottom line for Edmonds. Staff Recommendation This item was presented to the City Council on September 13, 2016. Council directed that this item be forwarded to tonight's meeting for approval on the Consent Agenda. Narrative The City of Lynnwood operates a sanitary sewage incinerator and they lack adequate biosolids storage for long term shut downs. During periods of emergency or planned maintenance Lynnwood must find an alternative means of biosolids disposal. The City of Edmonds WWTP has the capacity to process these solids at a lower expense to the City of Lynnwood than they can achieve with other available options while still generating additional funding for the Edmonds Sewer Fund (fund 423). This inter -local agreement between the City of Edmonds and City of Lynnwood provides a biosolids disposal option for Lynnwood during emergency or planned maintenance. The agreement is similar to past agreements with the only significant modification being that Edmonds is increasing the cost per pound of solids processed in order to capture all increased costs associated with the processing of solids. Attachments: Draft 2016 Interlocal Agreement - Edmonds_Lynnwood (with SEC edits) 8.1.16 Packet Pg. 66 4.4.a INTERLOCAL AGREEMENT FOR DISPOSAL OF BIOSOLIDS BETWEEN THE CITY OF EDMONDS AND THE CITY OF LYNNWOOD THIS AGREEMENT is made this day of September, 2016, by and between the City of Edmonds (hereinafter "Edmonds") and the City of Lynnwood (hereinafter "Lynnwood"). WHEREAS, Edmonds has the facilities and expertise to treat and dispose of biosolid waste; and WHEREAS, Lynnwood is in need of such facilities and expertise; NOW, THEREFORE, in consideration of the mutual promises set forth herein, it is agreed by and between the parties as follows: TERMS 1. Description of Program. Edmonds agrees to handle the disposal and treatment of biosolids delivered by Lynnwood in accordance with the terms and conditions attached as Exhibit A and incorporated by this reference as if set forth in full. The City of Edmonds, as operator of the plant, specifically reserves as set forth below the right to terminate this Agreement at any time and the City of Edmonds will terminate this Agreement, when, in its sole discretion, it determines that the disposal of solids hereunder would interfere with the smooth, efficient and cost effective operation of the secondary sewage treatment plant. 2. Payment. A. When charges are pending, Edmonds shall submit a monthly payment invoice to Lynnwood for services to date, and Lynnwood shall make payments within thirty (30) days after the submittal of the invoice. B. If Lynnwood objects to all or any portion of any invoice, it shall so notify Edmonds within thirty (30) days from the date of receipt and shall pay the portion of the invoice not in dispute. The parties shall immediately make every effort to settle the disputed portion. If they are unable to resolve their dispute, the parties agree to use an alternative dispute resolution procedure to resolve their differences. C. The prices to be paid are set forth in the attached Exhibit A which has been incorporated by this reference as fully as if herein set forth. The charge for disposal of biosolids set forth in such Exhibit may be amended by the provision of thirty (30) days prior written notice from Edmonds to Lynnwood. Upon receipt of such notice, Lynnwood may terminate this agreement or, by continuing to ship biosolids for disposal, agree to the amendment of this agreement to incorporate such new and higher charge. In such event, Exhibit A shall be deemed amended to incorporate such new charge. - 1- Packet Pg. 67 4.4.a 3. Duration. This Agreement shall become effective upon execution and shall remain in effect for an initial term until December 31, 2021. Unless terminated as provided below, the Agreement may continue in effect at the mutual agreement of the parties for up to two additional two-year terms to expire December 31, 2023 and December 31, 2025. 4. Termination. Either party may terminate this Agreement at any time upon sixty (60) days' written notice. Edmonds reserves the right to refuse or suspend any biosolid delivery from Lynnwood at any time and for any length of time in accordance with plant operational needs. Paragraphs 2 and 5 shall survive termination of this Agreement. 5. Indemnification and Hold Harmless. It is understood and agreed that this F= Agreement is solely for the benefit of the parties hereto and gives no right to any other party. No joint venture or partnership is formed as a result of this Agreement. Each party Q hereto agrees to be responsible and assumes liability for its own negligent acts or omissions, and those of its officers, agents or employees, while performing work pursuant 0 L to this Agreement, to the fullest extent required by law, and agrees to save, indemnify, c defend, and hold the other party harmless from any such liability. In the case of negligence of multiple parties, any damages allowed shall be assessed in proportion to the °LO percentage of negligence attributable to each party, and each party shall have the right to 77 seek contribution from the other party in proportion to the percentage of negligence attributable to the other party. 6. Miscellaneous Disclosures as Required by RCW 39.34.030. No separate legal entity shall be created by this Agreement, and each party hereto shall be responsible for its own budgeting of funds transferred under this Agreement. No property shall transfer ownership or be jointly owned as a result of this Agreement. Edmonds shall serve as the administrator of this Agreement. 7. Entire Agreement. The written provisions and terms of this Agreement, together with all Exhibits attached hereto, shall supersede all prior verbal statements of any officer or other representative of the parties, and such statements shall not be effective or be construed as entering into or forming a part of, or altering in any manner whatsoever, this Agreement. 8 Modification. No waiver, alteration or modification of any of the provisions of this Agreement shall be binding unless in writing and signed by duly authorized representatives of Edmonds and Lynnwood. 9. Waiver. Failure to insist upon strict compliance with any terms, covenants or conditions of this Agreement shall not be deemed a waiver of such, nor shall any waiver or relinquishment of such right or power at any time be taken to be a waiver of any other breach. 10. Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any suit brought by either party arising out of this Agreement shall only be maintained in a court of competent jurisdiction in Snohomish County, Washington. - 2- Packet Pg. 68 4.4.a 11. Filing. This Agreement shall be filed with the Snohomish County Auditor as required by RCW 39.34.040. IN WITNESS WHEREOF, the parties have executed this Agreement on the day and year above written. ATTEST/AUTHENTICATED: SCOTT PASSEY, CITY CLERK APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY CITY OF EDMONDS: DAVID O. EARLING, MAYOR CITY OF LYNNWOOD ATTEST/AUTHENTICATED: APPROVED AS TO FORM: LYNNWOOD CITY ATTORNEY - 3- Packet Pg. 69 4.4.a EXHIBIT A The City of Edmonds agrees to assist the City of Lynnwood with its biosolids disposal needs. Our approval is based upon the following conditions: • Shipments will be received at a time agreed to by both agencies at least 24 hours in advance. • The delivery route to the Edmonds Wastewater Treatment Plant (WWTP) will be from SR 104 west, right on Dayton Street, right on Second Avenue South. • Lynnwood will be charged $0.40 per dry pound. • Test results performed at Edmonds WWTP will be used for billing. The method for; calculating the quantity received will be as follows: Lynnwood will split a sample taken during each tanker loading destined for the Edmonds WWTP. The biosolids hauler N will deliver a sample to the Edmonds WWTP for solids concentration analysis. LO Quantity of liquid biosolids received will be measured using the flowmeter at the plant. Edmonds WWTP personnel will log all deliveries and pounds received each day. • Edmonds WWTP will be responsible for unloading deliveries. • If the solids concentration generated from Lynnwood changes significantly, Edmonds WWTP will be notified in advance. • The City of Edmonds reserves the right to refuse deliveries if plant storage tank capacity is threatened. - 4- Packet Pg. 70 4.5 City Council Agenda Item Meeting Date: 09/20/2016 Setting a date and time for a public hearing on adoption of a resolution expressing intent to dissolve the Edmonds Transportation Benefit District Staff Lead: Phil Williams Department: City Clerk's Office Preparer: Scott Passey Background/History The Transportation Benefit District (TBD) was formed in November 2008 following procedures outlined in Revised Code of Washington 36.73 and in accordance with Edmonds City Code Chapter 3.65. In February 2009 a $20 local license fee was established by its Board of Directors, the Edmonds City Council. It is requested that Council consider the option of absorbing the ETBD and incorporating its mission into that of the general City government. Staff Recommendation That a date be set for a public hearing on the ordinance or resolution. This item was presented to the City Council on September 13, 2016. Council directed that this item we forwarded to tonight's meeting for approval on the Consent Agenda. Narrative The 2015 State legislature adopted 2ESSB 5987 concerning Transportation Benefit Districts (TBD). Among other things, the bill allows cities and counties with TBD boundaries that are contiguous with the city/county boundary to assume control over the TBD. The new law sets forth a process for the assumption of a TBD. Specifically, the assumption of the TBD may be initiated by the adoption of an ordinance or resolution by the city council indicating an intent to conduct a public hearing to consider the assumption of rights, powers, functions and obligations of the TBD, and specifying a time and place for said public hearing. The resolution or ordinance must be published at least two times during the two weeks preceeding the scheduled hearing pursuant to Section 302 of 2ESSB 5987. At the time of the public hearing, all persons interested may appear and be heard. If after the public hearing the Council concludes "public interest or welfare would be satisfied" by the assumption of the TBD, Council would adopt a resolution or ordinance abolishing the TBD governing body vesting the city with all rights, powers, functions and obligations the TBD governing body possessed. Dissolution of the TBD would mean that the vehicle license fees received each month would be credited to the City rather than the TBD. This money would continue to be transferred -out to the annual street overlay program. The Resolution before the Council is the first step of the process in which Council indicates an intent to conduct a public hearing to consider the assumption of the TBD, specifying the time and place for said public hearing. Packet Pg. 71 4.5 Attachments: Chapter 3.65 ECC regarding ETBD Chapter 36.73 TBD procedures TBD - Resolution re Public Hearing (2) PHW Packet Pg. 72 4.5.a Chapter 3.65 TRANSPORTATION BENEFIT DISTRICT Sections: 3.65.010 Establishing transportation benefit district. 3.65.020 Governing board. 3.65.030 Functions of the district. 3.65.040 Transportation improvements funded. 3.65.050 Dissolution of district. 3.65.010 Establishing transportation benefit district.O SHARE ................................................................................................................................................................................................................................................................................................................................ There is created a transportation benefit district, to be known as the Edmonds transportation benefit district or "district," with geographical boundaries comprised of the corporate limits of the city as they currently exist or as they may exist following future annexations. [Ord. 3707 § 2, 2008]. 3.65.020 Governing board. SHARE _� ............................................................................................................................................................................................................................................................................................................................ A. The governing board of the transportation benefit district shall be the Edmonds city council acting in an ex off icio and independent capacity, which shall have the authority to exercise the statutory powers set forth in Chapter RCW. B. The treasurer of the transportation benefit district shall be the city finance director. C. The public records officer of the transportation benefit district shall be the city clerk D. The board shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan, pursuant to the requirements set forth in RCW 36.73.160(1). At a minimum, if a transportation improvement exceeds its original cost by more than 20 percent, as identified in the district's original plan, a public hearing shall be held to solicit public comment regarding how the cost change should be resolved. E. The board shall issue an annual report, pursuant to the requirements of RCW 36.73.16, (2). [Ord. 3872 § 1, 2012; Ord. 3707 § 2, 2008]. 3.65.030 Functions of the district.,D SHARE .................................................................................................................................................................................................................................................................................... A. The district board may authorize a vehicle fee of up to $20.00 per vehicle as provided for by RCW . When authorized by the voters pursuant to the requirements of Chapter RCW, other Packet Pg. 73 4.5.a taxes, fees, charges and tolls or increases in these revenue sources may be assessed for the purposes provided for in the subsections of this section. 1. Pursuant to the initial authorization of Ordinance 3707, the district board may and has authorized a vehicle fee of up to $20.00 per vehicle as provided for by RCW 82.80.1ti for the purpose of the preservation, maintenance and operations of the city streets. 2. As authorized by the voters pursuant to the requirements of Chapter RCW, additional taxes, fees, charges and tolls or increases in those revenue sources may be assessed for the construction, reconstruction, updating or improvement of public transportation facilities shown on the Edmonds comprehensive plan and transportation improvement plan. This additional function of the district has been authorized by ordinance amendment in compliance with the provisions of Chapter RCW. These additional transportation projects authorized pursuant to the vote of the transportation benefit district shall be deemed funded and effective when approved by a vote of the people in accordance with the provisions of state law. The projects authorized shall be limited to those specifically identified in the proposition put to the voters. B. Additional transportation improvements may be added to the functions of the district upon compliance with Chapter RCW. C. The board shall have and exercise all powers and functions provided for by Chapter RCW in order to fulfill the functions of the district. [Ord. 3804 § 1, 2010; Ord. 3707 § 2, 2008]. 3.65.040 Transportation improvements funded.O SHARE Two separate sets of functions have been established by ordinance for the transportation benefit district. The funds generated by a vehicle fee of up to $20.00 per vehicle authorized by the board in accordance with RCW 82.80.140 shall be used solely for transportation improvements that preserve, maintain and operate the existing transportation infrastructure of the city, consistent with the requirements of Chapter RCW. Upon authorization by the voters, additional funds from other taxes, fees, charges and tolls or increases in these revenue sources may be utilized for the construction of transportation improvements specifically described in the proposition submitted to the voters. Funds raised from either revenue source may be utilized for any lawful purpose under Chapter 36.73 RCW, but all funds raised through the TBD shall be expended only for the purposes specified, i.e.: Packet Pg. 74 4.5.a A. For the preservation, maintenance and operation of the existing city street transportation improvement infrastructure; or B. For projects specifically designated in a ballot proposition approved by the voters and utilizing the funding source approved by the voters Such improvements are intended to comply with the provisions of the Growth Management Act and the city's comprehensive plan and reduce the risk of transportation facilities' failure, improve safety, continue the cost effectiveness of the city's infrastructure improvements and to encourage the optimum use of the transportation system. Additional transportation improvement projects may be funded only after compliance with the provisions of RCW 36.73.050(B) following notice, public hearing and enactment of an additional authorizing ordinance. [Ord. 3804 § 2, 2010; Ord. 3707 § 2, 20081. 3.65.050 Dissolution of district. SHARE _J .................................................................................................................................................................................................................................................................................................................................... The transportation district has been authorized to fulfill two separate functions. Each function of the district shall expire and be dissolved upon its completion A. Street preservation, maintenance and operation are ongoing, long-term obligations of the city. In order to comply with the dissolution requirement of RCW 36.73.050, a street resurfacing cycle of 20 years was adopted and the district shall be deemed authentically dissolved with respect to the function of street preservation, maintenance and operation 18 years from the effective date of the original Ordinance 3707, to wit, November 28, 2026. B. Upon authorization by the voters, the additional transportation improvements specifically described in the proposition shall be deemed authorized. In accordance with the dissolution requirements of RCW 36.73.050, the powers, duties and functions of the district shall be deemed dissolved with respect to such voter -approved projects when all indebtedness of the districts with regard to such projects has been retired and all transportation improvements described in such project list have been completed. Upon dissolution with respect to these functions, the voters' authorization for funding to construct such funding shall be deemed to automatically expire. Nothing herein shall be interpreted to prohibit the Edmonds city council on the recommendation of the Edmonds transportation benefit district to dissolve the district in whole or in part and/or reformulate it in accordance with the provisions of RCW 36.73.050. [Ord. 3804 § 3, 2010; Ord. 3707 § 2, 2008] Packet Pg. 75 4.5.b Chapter 36.73 RCW TRANSPORTATION BENEFIT DISTRICTS Chapter Listing Sections 36.73.010 nt. 36.73.015 initions. 36.73.020 blishment of district by county or city —Participation by other jurisdictions. 36.73.030 �blishment of district by city. 36.73.040 eral powers of district. 36.73.050 blishment of district —Public hearing —Ordinance. 36.73.060 hority to levy property tax. 36.73.065 es, fees, charges, tolls, rebate program. 36.73.067 icle fee rebate program —Low-income individuals —Report to legislature. 36.73.070 hority to issue general obligation bonds, revenue bonds. 36.73.080 al improvement districts authorized —Special assessments —Bonds. 36.73.090 ting of bonds. 36.73.100 of bond proceeds. 36.73.110 eptance and use of gifts and grants. 36.73.120 osition of fees on building construction or land development. 36.73.130 per of eminent domain. 36.73.140 hority to contract for street and highway improvements. 36.73.150 artment of transportation, counties, cities, and other jurisdictions may fund transportation improvements. 36.73.160 isportation improvement projects —Material change policy —Annual report. 36.73.170 ipletion of transportation improvement —Termination of district operations —Termination of taxes, fees, charges, and tollsDissolution of district. 36.73.180 plemental transportation improvements. 36.73.900 oral construction. NOTES: Roads and bridges, service districts: Chapter 36.8. RCW. 36.73.010 Intent. The legislature finds that the citizens of the state can benefit by cooperation of the public and private sectors in addressing transportation needs. This cooperation can be fostered through enhanced capability for cities, towns, and counties to make and fund transportation improvements necessitated by economic development and to improve the performance of the transportation system. It is the intent of the legislature to encourage joint efforts by the state, local governments, and the private sector to respond to the need for those transportation improvements on state highways, county roads, and city streets. This goal can be better achieved by allowing cities, towns, and counties to establish transportation benefit Packet Pg. 76 4.5.b districts in order to respond to the special transportation needs and economic opportunities resulting from private sector development for the public good. The legislature also seeks to facilitate the equitable participation of private developers whose developments may generate the need for those improvements in the improvement costs. [ 2005 c 336 § 2, 1987 c 327 § 1.] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.015 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. (1) "City" means a city or town. (2) "District" means a transportation benefit district created under this chapter. (3) "Low-income" means household income set by the district creating the rebate program that is at or below seventy-five percent of the median household income, adjusted for household size, for the district in which the fees, taxes, or tolls were imposed. (4) "Rebate program" means an optional program established by a transportation benefit district that includes a city with a population of five hundred thousand persons or more for the purpose of providing rebates to low-income individuals for fees, taxes, and/or tolls imposed by such transportation benefit district for: (a) Vehicle fees imposed under RCW 36.73.040(3)(b); (b) sales and use taxes imposed under RCW 36.73.040(3)(a); and/or (c) tolls imposed under RCW 36.73.040(3)(d). (5) "Supplemental transportation improvement" or "supplemental improvement" means any project, work, or undertaking to provide public transportation service, in addition to a district's existing or planned voter -approved transportation improvements, proposed by a participating city member of the district under RCW 36.73.180. (6) "Transportation improvement" means a project contained in the transportation plan of the state, a regional transportation planning organization, city, county, or eligible jurisdiction as identified in RCW 36.73.02, (2). A project may include investment in new or existing highways of statewide significance, principal arterials of regional significance, high capacity transportation, public transportation, and other transportation projects and programs of regional or statewide significance including transportation demand management. Projects may also include the operation, preservation, and maintenance of these facilities or programs. Packet Pg. 77 4.5.b [ 2015 3rd sp.s. c 44 § 311; 2012 c 152 § 1. Prior: 2010 c 251 § 2, 2010 c 105 § 1 2006 c 311 24; 2005 c 336 § 1.] NOTES: Effective date-2015 3rd sp.s. c 44: See note following RCW 46.68.395. Findings-2006 c 311: See note following RCW 36.120.020. Effective date-2005 c 336: "This act takes effect August 1, 2005." [ 2005 c 336 26 ] 36.73.020 Establishment of district by county or city —Participation by other jurisdictions. (1) The legislative authority of a county or city may establish a transportation benefit district within the county or city area or within the area specified in subsection (2) of this section, for the purpose of acquiring, constructing, improving, providing, and funding a transportation improvement within the district that is consistent with any existing state, regional, or local transportation plans and necessitated by existing or reasonably foreseeable congestion levels. The transportation improvements shall be owned by the county of jurisdiction if located in an unincorporated area, by the city of jurisdiction if located in an incorporated area, or by the state in cases where the transportation improvement is or becomes a state highway. However, if deemed appropriate by the governing body of the transportation benefit district, a transportation improvement may be owned by a participating port district or transit district, unless otherwise prohibited by law. Transportation improvements shall be administered and maintained as other public streets, roads, highways, and transportation improvements. To the extent practicable, the district shall consider the following criteria when selecting transportation improvements: (a) Reduced risk of transportation facility failure and improved safety; (b) Improved travel time; (c) Improved air quality; (d) Increases in daily and peak period trip capacity; (e) Improved modal connectivity; (f) Improved freight mobility; (g) Cost-effectiveness of the investment; (h) Optimal performance of the system through time; (i) Improved accessibility for, or other benefits to, persons with special transportation needs as defined in *RCW 47.06B.012; and 0) Other criteria, as adopted by the governing body. Packet Pg. 78 4.5.b (2) Subject to subsection (6) of this section, the district may include area within more than one county, city, port district, county transportation authority, or public transportation benefit area, if the legislative authority of each participating jurisdiction has agreed to the inclusion as provided in an interlocal agreement adopted pursuant to chapter RCW. However, the boundaries of the district need not include all territory within the boundaries of the participating jurisdictions comprising the district. (3) The members of the legislative authority proposing to establish the district, acting ex off icio and independently, shall constitute the governing body of the district: PROVIDED, That where a district includes area within more than one jurisdiction under subsection (2) of this section, the district shall be governed under an interlocal agreement adopted pursuant to chapter39.34 RCW, with the governing body being composed of (a) at least five members including at least one elected official from the legislative authority of each participating jurisdiction or (b) the governing body of the metropolitan planning organization serving the district, but only if the district boundaries are identical to the boundaries of the metropolitan planning organization serving the district. (4) The treasurer of the jurisdiction proposing to establish the district shall act as the ex officio treasurer of the district, unless an interlocal agreement states otherwise. (5) The electors of the district shall all be registered voters residing within the district. (6) Prior to December 1, 2007, the authority under this section, regarding the establishment of or the participation in a district, shall not apply to: (a) Counties with a population greater than one million five hundred thousand persons and any adjoining counties with a population greater than five hundred thousand persons; (b) Cities with any area within the counties under (a) of this subsection; and (c) Other jurisdictions with any area within the counties under (a) of this subsection. [ 2010 c 250 4 1, 2009 c 515 14; 2006 c 311 25; 2005 c 336 4 3, 1989 c 53 4 1 1987 c 327 § 2.] NOTES: *Reviser's note: RCW 47.06B.W1 was repealed by 2011 c 60 § 51. Findings-2006 c 311: See note following RCW 36.120.020. Effective date-2005 c 336: See note following RCW 36.73.015. Severability-1989 c 53: "If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected." [ 1989 c 53 § 5.] Transportation benefit district tax authority: RCW 32.47.020. 36.73.030 Establishment of district by city. Packet Pg. 79 4.5.b See RCW 35.21.225. 36.73.040 General powers of district. (1) A transportation benefit district is a quasi -municipal corporation, an independent taxing "authority" within the meaning of Article VI I, section 1 of the state Constitution, and a "taxing district" within the meaning of Article VII, section 2 of the state Constitution. (2) A transportation benefit district constitutes a body corporate and possesses all the usual powers of a corporation for public purposes as well as all other powers that may now or hereafter be specifically conferred by statute, including, but not limited to, the authority to hire employees, staff, and services, to enter into contracts, to acquire, hold, and dispose of real and personal property, and to sue and be sued. Public works contract limits applicable to the jurisdiction that established the district apply to the district. (3) To carry out the purposes of this chapter, and subject to the provisions of RCW ,56.73.06; , a district is authorized to impose the following taxes, fees, charges, and tolls: (a) A sales and use tax in accordance with RCW 32.14.0455; (b) A vehicle fee in accordance with RCW 2.80.140; (c) A fee or charge in accordance with RCW 36.73.120. However, if a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district. Developments consisting of less than twenty residences are exempt from the fee or charge under RCW 36.73.126; and (d) Vehicle tolls on state routes, city streets, or county roads, within the boundaries of the district, unless otherwise prohibited by law. However, consistent with RCW 47.56.82C, the vehicle toll must first be authorized by the legislature if the toll is imposed on a state route. The department of transportation shall administer the collection of vehicle tolls authorized on state routes, unless otherwise specified in law or by contract, and the state transportation commission, or its successor, may approve, set, and impose the tolls in amounts sufficient to implement the district's transportation improvement finance plan. The district shall administer the collection of vehicle tolls authorized on city streets or county roads, and shall set and impose the tolls in amounts sufficient to implement the district's transportation improvement plan. However, consistent with RCW 47.56.850, the vehicle toll, including any change in an existing toll rate, must first be reviewed and approved by the tolling authority designated in Packet Pg. 80 4.5.b RCW t7.56.85( if the toll, or change in toll rate, would have a significant impact, as determined by the tolling authority, on the operation of any state facility. [ 2008 c 122 17; 2005 c 336 § 4; 1989 c 53 § 3; 1987 c 327 § - ] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. Severability-1989 c 53: See note following RCW 36.73.020. 36.73.050 Establishment of district —Public hearing —Ordinance. (1) The legislative authorities proposing to establish a district, or to modify the boundaries of an existing district, or to dissolve an existing district shall conduct a hearing at the time and place specified in a notice published at least once, not less than ten days before the hearing, in a newspaper of general circulation within the proposed district. Subject to the provisions of RCW 36.73.170, the legislative authorities shall make provision for a district to be automatically dissolved when all indebtedness of the district has been retired and anticipated responsibilities have been satisfied. This notice shall be in addition to any other notice required by law to be published. The notice shall, where applicable, specify the functions or activities proposed to be provided or funded, or the additional functions or activities proposed to be provided or funded, by the district. Additional notice of the hearing may be given by mail, by posting within the proposed district, or in any manner the legislative authorities deem necessary to notify affected persons. All hearings shall be public and the legislative authorities shall hear objections from any person affected by the formation, modification of the boundaries, or dissolution of the district. (2)(a) Following the hearing held pursuant to subsection (1) of this section, the legislative authorities may establish a district, modify the boundaries or functions of an existing district, or dissolve an existing district, if the legislative authorities find the action to be in the public interest and adopt an ordinance providing for the action. (b) The ordinance establishing a district shall specify the functions and transportation improvements described under RCW 36.73.015 to be exercised or funded and establish the boundaries of the district. Subject to the provisions of RCW 36.73.160, functions or transportation improvements proposed to be provided or funded by the district may not be expanded beyond those specified in the notice of hearing, unless additional notices are made, further hearings on the expansion are held, and further determinations are made that it is in the public interest to so expand the functions or transportation improvements proposed to be provided or funded. [ 2007 c 329 4 3; 2005 c 336 4 5; 1987 c 327 4 5.1 NOTES: Packet Pg. 81 4.5.b Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.060 Authority to levy property tax. (1) A district may levy an ad valorem property tax in excess of the one percent limitation upon the property within the district for a one-year period whenever authorized by the voters of the district pursuant to RCW 84.52.052 and Article VII, section 2(a) of the state Constitution. (2) A district may provide for the retirement of voter -approved general obligation bonds, issued for capital purposes only, by levying bond retirement ad valorem property tax levies in excess of the one percent limitation whenever authorized by the voters of the district pursuant to Article VII, section 2(b) of the state Constitution and RCW .4.52.056. [ zuu5 c 336 4 6; 1 �jzs i s .sz i s u.] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.065 Taxes, fees, charges, tolls, rebate program. (1) Except as provided in subsection (4) of this section, taxes, fees, charges, and tolls may not be imposed by a district without approval of a majority of the voters in the district voting on a proposition at a general or special election. The proposition must include a specific description of: (a) The transportation improvement or improvements proposed by the district; (b) any rebate program proposed to be established under RCW ;6.73.06'0 ; and (c) the proposed taxes, fees, charges, and the range of tolls imposed by the district to raise revenue to fund the improvement or improvements or rebate program, as applicable. (2) Voter approval under this section must be accorded substantial weight regarding the validity of a transportation improvement as defined in RCW (3) A district may not increase any taxes, fees, charges, or range of tolls imposed or change a rebate program under this chapter once the taxes, fees, charges, tolls, or rebate program takes effect, except: (a) If authorized by the district voters pursuant to RCW gib. /3.16u; (b) With respect to a change in a rebate program, a material change policy adopted pursuant to RCW .6.73.16U is followed and the change does not reduce the percentage level or rebate amount; Packet Pg. 82 4.5.b (c) For up to forty dollars of the vehicle fee authorized in RCW 82.80.140 by the governing board of the district if a vehicle fee of twenty dollars has been imposed for at least twenty-four months; or (d) For up to fifty dollars of the vehicle fee authorized in RCW 82.80.140 by the governing board of the district if a vehicle fee of forty dollars has been imposed for at least twenty-four months and a district has met the requirements of subsection (6) of this section. (4)(a) A district that includes all the territory within the boundaries of the jurisdiction, or jurisdictions, establishing the district may impose by a majority vote of the governing board of the district the following fees and charges: (i) Up to twenty dollars of the vehicle fee authorized in RCW 82.80.140; (ii) Up to forty dollars of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of twenty dollars has been imposed for at least twenty-four months; (iii) Up to fifty dollars of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of forty dollars has been imposed for at least twenty-four months and a district has met the requirements of subsection (6) of this section; or (iv) A fee or charge in accordance with RCW 36.73.120. (b) The vehicle fee authorized in (a) of this subsection may only be imposed for a passenger -only ferry transportation improvement if the vehicle fee is first approved by a majority of the voters within the jurisdiction of the district. (c)(i) A district solely comprised of a city or cities may not impose the fees or charges identified in (a) of this subsection within one hundred eighty days after July 22, 2007, unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection within the one hundred eighty -day period; or (ii) A district solely comprised of a city or cities identified in RCW 36.73.020(6)(b) may not impose the fees or charges until after May 22, 2008, unless the county in which the city or cities reside, by resolution, declares that it will not impose the fees or charges identified in (a) of this subsection through May 22, 2008. (5) If the interlocal agreement in RCW 82.80.140(2)(a) cannot be reached, a district that includes only the unincorporated territory of a county may impose by a majority vote of the governing body of the district up to: (a) Twenty dollars of the vehicle fee authorized in RCW 82.80.140, (b) forty dollars of the vehicle fee authorized in RCW 92.80.14r if a fee of twenty dollars has been imposed for at least twenty-four months, or (c) fifty dollars of the vehicle fee authorized in RCW 82.80.140 if a vehicle fee of forty dollars has been imposed for at least twenty-four months and a district has met the requirements of subsection (6) of this section. (6) If a district intends to impose a vehicle fee of more than forty dollars by a majority vote of the governing body of the district, the governing body must publish notice of this intention, in one or more newspapers of general circulation within the district, by April 1 st of the year in which the vehicle fee is to be imposed. If within ninety days of the date Packet Pg. 83 4.5.b of publication a petition is filed with the county auditor containing the signatures of eight percent of the number of voters registered and voting in the district for the office of the governor at the last preceding gubernatorial election, the county auditor must canvass the signatures in the same manner as prescribed in RCW 29A.72.230 and certify their sufficiency to the governing body within two weeks. The proposition to impose the vehicle fee must then be submitted to the voters of the district at a special election, called for this purpose, no later than the date on which a primary election would be held under RCW 29A.04.311. The vehicle fee may then be imposed only if approved by a majority of the voters of the district voting on the proposition. [ 2015 3rd sp.s. c 44 § 309; 2012 c 152 § 3; 2007 c 329 4 1; 2005 c 336 § 17.1 NOTES: Effective date-2015 3rd sp.s. c 44: See note following RCW 46.68.395. Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.067 Vehicle fee rebate program —Low-income individuals —Report to legislature. (1) A district that: (a) Includes a city with a population of five hundred thousand persons or more; and (b) imposes a vehicle fee under RCW ;6.73.040(3)(b), sales and use taxes under RCW36.73.040(3)(a), or tolls under RCW 36.73.040(3)(d), may establish a rebate program for the purposes of providing rebates of up to forty percent of the actual fee, tax, or toll paid by a low-income individual. (2) Funds collected from a vehicle fee under RCW 36.73.040(3)(b), sales and use tax under RCW 36.73.040(3)(a) or tolls under RCW 36.73.040(3)(d) may be used for a rebate program established under this section. (3) A district that establishes a rebate program is responsible for the development and administration of the program and all functions and costs associated with the rebate program. (4) A district that establishes a rebate program under this section must report back to the legislature two years after the program takes effect. The report must include, but is not limited to, a detailed description of the structure of the program, the average rebate, the total amount of rebates issued, and the number of people that received rebates. [2012c15241] 36.73.070 Authority to issue general obligation bonds, revenue bonds. Packet Pg. 84 4.5.b (1) To carry out the purposes of this chapter and notwithstanding RCW j9.36.02r (1), a district may issue general obligation bonds, not to exceed an amount, together with any other outstanding nonvoter -approved general obligation indebtedness, equal to one and one-half percent of the value of taxable property within the district, as the term "value of taxable property" is defined in RCW s9.36.015. A district may additionally issue general obligation bonds for capital purposes only, together with any outstanding general obligation indebtedness, not to exceed an amount equal to five percent of the value of the taxable property within the district, as the term "value of taxable property" is defined in RCW 39.36.015, when authorized by the voters of the district pursuant to Article Vill, section 6 of the state Constitution, and may also provide for the retirement thereof by excess property tax levies as provided in RCW 36.73.066(2). The district may, if applicable, submit a single proposition to the voters that, if approved, authorizes both the issuance of the bonds and the bond retirement property tax levies. (2) General obligation bonds with a maturity in excess of forty years shall not be issued. The governing body of the district shall by resolution determine for each general obligation bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, manner of execution, manner of sale, callable provisions, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. Refunding general obligation bonds may be issued in the same manner as general obligation bonds are issued. (3) Whenever general obligation bonds are issued to fund specific projects or enterprises that generate revenues, charges, user fees, or special assessments, the district may specifically pledge all or a portion of the revenues, charges, user fees, or special assessments to refund the general obligation bonds. The district may also pledge any other revenues that may be available to the district. (4) In addition to general obligation bonds, a district may issue revenue bonds to be issued and sold in accordance with chapter RCW. [ 2005 c 336 4 7; 1987 c 327 4 7.1 NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. Packet Pg. 85 4.5.b 36.73.080 Local improvement districts authorized —Special assessments —Bonds. (1) A district may form a local improvement district to provide any transportation improvement it has the authority to provide, impose special assessments on all property specially benefited by the transportation improvements, and issue special assessment bonds or revenue bonds to fund the costs of the transportation improvement. Local improvement districts shall be created and administered, and assessments shall be made and collected, in the manner and to the extent provided by law to cities and towns pursuant to chapters " ", 35.44, 35.49, 35.50, 35.51, 35.53, and 35."` RCW. However, the duties devolving upon the city or town treasurer under these chapters shall be imposed upon the district treasurer for the purposes of this section. A local improvement district may only be formed under this section pursuant to the petition method under RCW '15.43.120 and 35.43.125. (2) The governing body of a district shall by resolution establish for each special assessment bond issue the amount, date, terms, conditions, denominations, maximum fixed or variable interest rate or rates, maturity or maturities, redemption rights, registration privileges, if any, covenants, and form, including registration as to principal and interest, registration as to principal only, or bearer. Registration may include, but not be limited to: (a) A book entry system of recording the ownership of a bond whether or not physical bonds are issued; or (b) recording the ownership of a bond together with the requirement that the transfer of ownership may only be effected by the surrender of the old bond and either the reissuance of the old bond or the issuance of a new bond to the new owner. Facsimile signatures may be used on the bonds and any coupons. The maximum term of any special assessment bonds shall not exceed thirty years beyond the date of issue. Special assessment bonds issued pursuant to this section shall not be an indebtedness of the district issuing the bonds, and the interest and principal on the bonds shall only be payable from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund that the district has created. The owner or bearer of a special assessment bond or any interest coupon issued pursuant to this section shall not have any claim against the district arising from the bond or coupon except for the payment from special assessments made for the improvement for which the bonds were issued and any local improvement guaranty fund the district has created. The district issuing the special assessment bonds is not liable to the owner or bearer of any special assessment bond or any interest coupon issued pursuant to this section for any loss occurring in the lawful operation of its local improvement guaranty fund. The substance of the limitations included in this subsection (2) shall be plainly printed, written, or engraved on each special assessment bond issued pursuant to this section. (3) Assessments shall reflect any credits given by a district for real property or property right donations made pursuant to RCW 4i.-i4mik . Packet Pg. 86 4.5.b (4) The governing body may establish, administer, and pay money into a local improvement guaranty fund, in the manner and to the extent provided by law to cities and towns under chapter 35.t RCW, to guarantee special assessment bonds issued by the district. [ Zuu5 c 336 t i3; 19y c 327 & 8.] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.090 Printing of bonds. Where physical bonds are issued pursuant to RCW M73.071 or 36.73.08u, the bonds shall be printed, engraved, or lithographed on good bond paper and the manual or facsimile signatures of both the treasurer and chairperson of the governing body shall be included on each bond. 36.73.100 Use of bond proceeds. (1) The proceeds of any bond issued pursuant to RCW 36.73.070 or 16.73.080 may be used to pay costs incurred on a bond issue related to the sale and issuance of the bonds. These costs include payments for fiscal and legal expenses, obtaining bond ratings, printing, engraving, advertising, and other similar activities. (2) In addition, proceeds of bonds used to fund capital projects may be used to pay the necessary and related engineering, architectural, planning, and inspection costs. [ 2005 c 336 § 9; 1987 c 327 § 1 u.] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.110 Acceptance and use of gifts and grants. A district may accept and expend or use gifts, grants, and donations. [ 200E 36 4 10. 1987 c 327 4 11 ] NOTES: Packet Pg. 87 4.5.b Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.120 Imposition of fees on building construction or land development. (1) Subject to the provisions in RCW 36.73.06.1 , a district may impose a fee or charge on the construction or reconstruction of commercial buildings, industrial buildings, or on any other commercial or industrial building or building space or appurtenance, or on the development, subdivision, classification, or reclassification of land for commercial purposes, only if done in accordance with chapter 39.91 RCW. (2) Any fee or charge imposed under this section shall be used exclusively for transportation improvements as defined in RCW 36.73.01E. The fees or charges imposed must be reasonably necessary as a result of the impact of development, construction, or classification or reclassification of land on identified transportation needs. (3) If a county or city within the district area is levying a fee or charge for a transportation improvement, the fee or charge shall be credited against the amount of the fee or charge imposed by the district. [ 1U I U C M)A_1;ZUUI C :i1y q 4; 1UU5 C :i:id t 4 11; I W$d C 'I 1U 1 19 / C ;31 t q I, - NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. Severability—Prospective application —Section captions-1988 c 179: See RCW 5u.uz.uu and s9.92.901. 36.73.130 Power of eminent domain. A district may exercise the power of eminent domain to obtain property for its authorized purposes in the same manner as authorized for the city or county legislative authority that established the district. [ LUU0 c .5,50 3 l L; "I U6 / c SL / Q -1.5.] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. Packet Pg. 88 4.5.b 36.73.140 Authority to contract for street and highway improvements. A district has the same powers as a county or city to contract for street, road, or state highway improvement projects and to enter into reimbursement contracts provided for in chapter35.7k RCW. [ 2005 c 336 § 13; 1987 c 3'"', 14.] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.150 Department of transportation, counties, cities, and other jurisdictions may fund transportation improvements. The department of transportation, counties, cities, and other jurisdictions may give funds to districts for the purposes of financing transportation improvements under this chapter. [ 2005 c 336 § 14; 19R7 -'177 R I R ] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.160 Transportation improvement projects —Material change policy —Annual report. (1) The district governing body shall develop a material change policy to address major plan changes that affect project delivery or the ability to finance the plan. The policy must at least address material changes to cost, scope, and schedule, the level of change that will require governing body involvement, and how the governing body will address those changes. At a minimum, in the event that a transportation improvement cost exceeds its original cost by more than twenty percent as identified in a district's original finance plan, the governing body shall hold a public hearing to solicit comment from the public regarding how the cost change should be resolved. (2) A district shall issue an annual report, indicating the status of transportation improvement costs, transportation improvement expenditures, revenues, and construction schedules, to the public and to newspapers of record in the district. [ 1005 c 336 4 18.] NOTES: Packet Pg. 89 4.5.b Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.170 Completion of transportation improvement —Termination of district operations —Termination of taxes, fees, charges, and tolls —Dissolution of district. Within thirty days of the completion of the construction of the transportation improvement or series of improvements authorized by a district, the district shall terminate day-to-day operations and exist solely as a limited entity that oversees the collection of revenue and the payment of debt service or financing still in effect, if any and to carry out the requirements of RCW 36.73.160. The district shall accordingly adjust downward its employees, administration, and overhead expenses. Any taxes, fees, charges, or tolls imposed by the district terminate when the financing or debt service on the transportation improvement or series of improvements constructed is completed and paid and notice is provided to the departments administering the taxes. Any excess revenues collected must be disbursed to the participating jurisdictions of the district in proportion to their population, using population estimates prepared by the office of financial management. The district shall dissolve itself and cease to exist thirty days after the financing or debt service on the transportation improvement, or series of improvements, constructed is completed and paid. If there is no debt outstanding, then the district shall dissolve within thirty days from completion of construction of the transportation improvement or series of improvements authorized by the district. Notice of dissolution must be published in newspapers of general circulation within the district at least three times in a period of thirty days. Creditors must file claims for payment of claims due within thirty days of the last published notice or the claim is extinguished. [ 2005 c 336 § 19.] NOTES: Effective date-2005 c 336: See note following RCW 36.73.015. 36.73.180 Supplemental transportation improvements. (1) In districts comprised of more than one member city, the legislative authorities of any member city that is located in a county having a population of more than one million five hundred thousand may petition the district to provide supplemental transportation improvements. Packet Pg. 90 4.5.b (2) Upon receipt of a petition as provided in subsection (1) of this section for supplemental transportation improvements that are to be fully funded by the petitioner city, including ongoing operating and maintenance costs, the district must: (a) Conduct a public hearing, and provide notice and opportunity for public comment consistent with the requirements of RCW 36.73.05 (1); and (b) Following the hearing, if a majority of the district's governing board determines that the proposed supplemental transportation improvements are in the public interest, the district shall adopt an ordinance providing for the incorporation of the supplemental improvements into any existing services. The supplemental transportation improvements must be in addition to existing services provided by the district. The district shall enter into agreements with the petitioner city or identified service providers to coordinate existing services with the supplemental improvements. (3) Upon receipt of a petition as provided in subsection (1) of this section for supplemental transportation improvements proposed to be partially or fully funded by the district, the district must: (a) Conduct a public hearing, and provide notice and opportunity for public comment consistent with the requirements of RCW 36.73.05, (1); and (b) Following the hearing, submit a proposition to the voters at the next special or general election for approval by a majority of the voters in the district. The proposition must specify the supplemental transportation improvements to be provided and must estimate the capital, maintenance, and operating costs to be funded by the district. (4) If a proposition to incorporate supplemental transportation improvements is approved by the voters as provided under subsection (3) of this section, the district shall adopt an ordinance providing for the incorporation of the supplemental improvements into any existing services provided by the district. The supplemental improvements must be in addition to existing services. The district shall enter into agreements with the petitioner city or identified service providers to coordinate existing services with the supplemental improvements. (5) A supplemental transportation improvement must be consistent with the petitioner city's comprehensive plan under chapter 36.70A RCW. (6) Unless otherwise agreed to by the petitioner city or by a majority of the district's governing board, upon adoption of an ordinance under subsection (2) or (4) of this section, the district shall maintain its existing public transportation service levels in locations where supplemental transportation improvements are provided. [2010c251 §; ] 36.73.900 Liberal construction. Packet Pg. 91 4.5.b The rule of strict construction does not apply to this chapter, and this chapter shall be liberally construed to permit the accomplishment of its purposes. [ igdl c 31i q 1b,] Packet Pg. 92 4.5.c RESOLUTION NO. A RESOLUTION OF THE CITY OF EDMONDS, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER THE ASSUMPTION OF THE RIGHTS, POWERS, FUNCTIONS AND OBLIGATIONS OF THE EDMONDS TRANSPORTATION BENEFIT DISTRICT. WHEREAS, the 2015 Legislature adopted Second Engrossed Substitute Senate Bill (2ESSB) 5987, the majority of which became effective on July 15, 2015; and WHEREAS, Section 301 of 2ESSB 5987 authorizes any city in which a transportation benefit district ("TBD") has been established pursuant to Chapter 36.73 RCW within boundaries coterminous with the boundaries of the city, to assume the rights, powers, functions, and obligations of the TBD, by way of adoption of an ordinance or resolution of the city legislative authority; and WHEREAS, pursuant to Ordinance and codified in Chapter 3.65 of the Edmonds Municipal Code, the City of Edmonds City Council established a transportation benefit district to be known as the Edmonds Transportation Benefit District, with geographical boundaries comprised of the corporate limits of the City of Edmonds at the time the ordinance was adopted or as they may exist after future annexations; and WHEREAS, Section 302 of 2ESSB 5987 provides that the assumption of the rights, powers, functions, and obligations of a transportation benefit district may be initiated by the adoption of an ordinance or resolution by the city legislative authority indicating its intention to conduct a hearing concerning the assumption of such rights, powers, functions, and obligations, setting a time and place at which the city legislative authority will consider the proposed assumption of the rights, powers, functions and Packet Pg. 93 4.5.c obligations of the transportation benefit district, and stating that all persons interested may appear and be heard; and WHEREAS, section 302 of 2ESSB 5987 provides that the ordinance or resolution of intention must be published at least two times during the two weeks preceding the scheduled hearing in newspapers of daily general circulation printed or published in the city in which the transportation benefit district is located; and WHEREAS, Section 303 of ESSB 5987 provides that if, after receiving testimony, the city legislative authority determines that the public interest or welfare would be satisfied by the city assuming the rights, powers, immunities, functions, and obligations of the TBD, the city legislative authority may declare that to be its intent and assume such rights, powers, immunities, functions, and obligations by ordinance or resolution, providing that the city is vested with every right, power, immunity, function and obligation currently granted to or possessed by the TBD; and WHEREAS, upon assumption of the rights, powers, immunities, functions, and obligations of the TBD by the City, the governing body established by RCW 36.73.020 must be abolished; and WHEREAS, it is the intent of the City Council of Edmonds to consider the assumption of rights, powers, functions, and obligations of the Edmonds TBD, and WHEREAS, the City Council desires to set a public hearing as required by Section 302 of 2ESSB 5987; NOW, THEREFORE, BE IT HEREBY RESOLVED BY THE CITY COUNCIL OF THE CITY OF EDMONDS, AS FOLLOWS: Packet Pg. 94 4.5.c 1. The City of Edmonds intends to consider the assumption of the rights, powers, functions, and obligations of the Edmonds TBD. 2. A public hearing concerning the assumption of the rights, powers, functions and obligations of the Edmonds TBD shall be held on October 4th, 2016. 3. All persons interested, including those with protests and objections to the assumption of rights, powers, functions, and obligations of the TBD, may appear and be heard at said public hearing. 4. At the conclusion of the public hearing, if the City Council determines that the public interest or welfare would be satisfied by the City assuming the rights, powers, immunities, functions, and obligations of the TBD, the City Council may declare that to be its intent, and assume such rights, powers, immunities, functions and obligations by way of ordinance or resolution, providing that the City is vested with every rights, power, immunity, function and obligation currently granted to or possessed by the TBD. 5. The City Clerk shall give notice of the public hearing set herein in the manner so required by Section 302 of 2ESSB 5987. PASSED by the City Council of the City of Edmonds, Washington, this 13th day of September 2016. Packet Pg. 95 4.6 City Council Agenda Item Meeting Date: 09/20/2016 Ordinance amending Edmonds City Code (ECC) 4.04.020 related to Concession Agreements Staff Lead: Carrie Hlte Department: Parks, Recreation & Cultural Services Preparer: Carrie Hite Background/History City Council adopted changes to ECC 4.04.020 to allow the Mayor to approve concession agreements in Parks in 2012. On September 13, 2016, Council forwarded this item to the consent agenda. Staff Recommendation Council adopt the ordinance to allow the Mayor to approve concessions in parks year around. Narrative The Edmonds City Code 4.04.020 allows concessions to occur on public land. In 2011, at the request of the Mayor and Parks Director, the City Council adopted changes to the code to allow the Mayor to approve concessions in the parks, without having a public hearing. Since that time, the Parks Department has entered into agreements with both food and recreational vendors in several area parks. Concessions in the parks add a convenience and service for citizens and generate additional revenues for our parks, programs and facilities. When introducing concessions in a park the Parks Department considers several factors, including, but not limited to, measuring the impact upon users, impact upon park neighbors, liability, cost/benefit, and financial cost to the city including maintenance and programming staff time ). We have had success with this model with fitness programs and various food vendors at Marina Beach Park, Bracketts Landing South, Yost and Richard Anway Park. Currently, the Edmonds City Code allows for concessions in parks if it is consistent with the park plan, recommended by the Parks Director, and approved by the Mayor. The code also limits these concessions to "seasonal" and defines this as May - September. This request is for City Council to consider an additional code change to allow for concessions to be operated in parks throughout the year. This is being prompted by one current concessionaire that seeks to extend their contract. It is also prompted by the request of another fitness concessionaire that we recently turned away because the code didn't allow us to extend the contract. Both of these businesses have been popular and successful, adding value to the parks. Attachments: 2016-08-31 Concessions ordinance Packet Pg. 96 4.6.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING EDMONDS CITY CODE 4.04.020 REGARDING CONCESSIONS AGREEMENTS TO ALLOW THE MAYOR TO GRANT CONCESSION AGREEMENTS RELATING TO CITY PARK PROPERTY; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, Edmonds City Code (ECC) 4.04.020 currently provides for council approval for concession agreements for all public property, except that the mayor shall have the discretion to approve certain seasonal concession agreements relating to city park property; and WHEREAS, the volume of concession agreements related to city park property necessitates more nimble action on the part of the City in granting concession agreements than the code currently allows; and WHEREAS, the City of Edmonds has determined that the Mayor shall have the ability to grant concession agreements related to city park property, subject to the requirements stated in the code, without the requirements of council approval or public hearing requirements; THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Section 4.04.020 of the ECC, entitled "Concession agreements on public property," is hereby amended to read as follows (new text is shown in underline; deleted text is shown in strike through): 4.04.020 Concession agreements on public property. A. "Public property" shall mean any property in fee by the city of Edmonds. B. Concession agreements may be granted at the sole discretion of the city council from time to time as it deems appropriate, with the exception that the mayor shall have the discretion to grant certain seasenal concession agreements relatingto o city park property, subject to the limitations set forth in subsection (D) of this section. The revenue from the lease of public property shall Packet Pg. 97 4.6.a accrue to the general fund; provided, however, that concession agreements for lease of property owned, purchased or utilized by a utility or other special purpose fund shall accrue to that fund. C. Such agreements shall be approved by the city council in a form created and approved by the city attorney. The lessee shall provide proof of insurance in a minimum of $1,000,000 per occurrence and $5,000,000 in the aggregate, or as recommended by the Washington Cities Insurance Authority, and shall fully indemnify and hold harmless the city, its officers, agents, employees and volunteers. D. Concession agreements relating to ci�park property shall comply in all respects with the park plan adopted as a part of the city's comprehensive plan. A concession agreement shall be approved only if, at the determination of the parks and recreation director, it is in line with the goals and objectives of that plan, and is appropriate for the particular park(s) in which the concession is to be located. Seasonal ,.eneessie , Concession agreements relatingto o city park r�y, whieh are defined as these under- whieh the vendof oper-a4es the eoneession only " i — the apmual high season (ttstt lly May thr-,,,g Septe bee) may be granted by the mayor without city council approval or public hearing requirements. Seasenal Concession agreements granted by the mayor may be located in regional or community parks only, as defined in the park plan, and are subject to annual review and approval by the mayor and the parks and recreation director prior to renewal. E. Concession agreements relating to city property other than city park property shall be approved only after a public hearing. Notice of the public hearing shall be posted at the site sought for lease by a concessionaire. Concession agreements for city park property are not subject to public hearing requirements. Section 2. Severability. If any section, subsection, clause, sentence, or phrase of this ordinance should be held invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this ordinance. Packet Pg. 98 4.6.a Section 3. Effective Date. This ordinance, being an administrative function of the city council, 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. APPROVED: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: :• JEFF TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 99 4.6.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2016, 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 EDMONDS CITY CODE 4.04.020 REGARDING CONCESSIONS AGREEMENTS TO ALLOW THE MAYOR TO GRANT CONCESSION AGREEMENTS RELATING TO CITY PARK PROPERTY; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2016. CITY CLERK, SCOTT PASSEY Packet Pg. 100 4.7 City Council Agenda Item Meeting Date: 09/20/2016 Authorization to contract with James G. Murphy to sell surplus city equipment Staff Lead: Mike Adams Department: City Clerk's Office Preparer: Scott Passey Background/History Previously, the city has utilized the services of James G. Murphy Auctioneers to sell surplus city vehicles and equipment. The City vehicles being submitted for review. Unit# 58-STR 1999 Dodge % ton pickup VIN# 3B7KC26ZIXM557492 Unit# 79-POL 1991 GMC Step Van VIN# 1GTHP32KOM3502431 Unit# 203-POL 2008 Harley Davidson FLHTP VIN# 1HD1FMM138Y704203 Unit# 277-POL 2005 Dodge Stratus VIN# 1133AL46T651\1645277 Unit# 405-POL 2008 Harley Davidson FLHTP VIN# 1HD1FMM198Y705405 Unit# 495-FLT 1999 GMC 5-15 Pickup VIN# 1GTCS19X3XK513495 Unit# 681-POL 2006 Ford Crown Victoria VIN# 2FAHP71W76X135681 Staff Recommendation It is recommended that authorization be granted to Public Works to contract with James G. Murphy Auctioneers to sell surplus city vehicles. Narrative The utilization of James G. Murphy Auctioneers for the sale of surplus vehicles has proven to be a cost effective method to manage surplus items. The surplus sales monies will be considered 2016 Revenue for the B-Fund Replacement Account. This item was presented to the Council at the August 23, 2016 City Council meeting. Council directed that it be placed on a future Consent Agenda for approval. Packet Pg. 101 5.1 City Council Agenda Item Meeting Date: 09/20/2016 Constitution Week Proclamation (5 min.) Staff Lead: Dave Earling Department: Mayor's Office Preparer: Carolyn LaFave Background/History Staff Recommendation Narrative In remembrance of the signing of the Constitution and in recognition of the Americans who strive to uphold the duties and responsibilities of citizenship, the Congress, by joint resolution of February 29, 1952 (36 U.S.C. 106), designated September 17 as "Constitution Day and Citizenship Day," and by joint resolution of August 2, 1956 (36 U.S.C. 108), requested that the President proclaim the week beginning September 17 and ending September 23 of each year as "Constitution Week." Accepting on behalf of the Daughters of the American Revolution is Chapter Chairman Judy Lehman. Attachments: Constitution Week 2016 Packet Pg. 102 O City of Edmonds e Office of the Mayor Constitution Week September 17- 23, 2016 1 °111.'I1.:1�:• September 17, 2016, marks the 229t" anniversary of the drafting of the Constitution of the United States of America by the Constitutional Convention; and if 71CYJ1E./Ik4i:• It is fitting and proper to accord official recognition to this magnificent document and its memorable anniversary; and to the patriotic celebrations which will commemorate the occasion; and ff 711,,"RE.1A4:• Public Law 915 guarantees the issuing of a proclamation each year by the President of the United States of America designating September 17 — 23 as Constitution Week; I, David 0. Earling, Mayor, do hereby proclaim the week of September 17 — 23 as Constitution Weed And ask our citizens to reaffirm the ideals the Framers of the constitution had in 1787 by vigilantly protecting the freedoms guaranteed to us through this guardian of our liberties, remembering that lost rights may never be regained. David O. Earling, Mayor September 20, 2016 Packet Pg. 103 7.1 City Council Agenda Item Meeting Date: 09/20/2016 Report on Bids for the Madrona Walkway project (10 min.) Staff Lead: Rob English Department: Engineering Preparer: Megan Luttrell Background/History On September 13, 2016, staff briefed Council on the Madrona Walkway project. Staff Recommendation Staff will provided the final bid results, construction budget and possible recommendation to award the project during the staff presentation. Narrative This project is one of several "Safe Routes to School" grant projects won by the City of Edmonds. These projects are intended to increase safety and accessibility for students walking or biking to area schools. The Madrona Elementary Walkway project will install sidewalk along the south side of 236t" St SW from SR-104 (Edmonds Way) to the Madrona School, including approximately 180 feet of sidewalk on Edmonds School District property. The project will also reconstruct the existing pavement section on 236t" St, improve the stormwater collection system and upgrade the pedestrian facilities at the intersection of 2361" St and SR104. On September 15, 2016, the City received nine bids for the Madrona Elementary Walkway project. The bids ranged from a low of $545,410 to a high of $706,324.00. Attached are the preliminary bid results from the contractors. The Engineer's Estimate was $635,047.50. Staff will review the bid documents and possibly provide a recommendation to award a contract at the City Council meeting. The project costs are being funded by a federal grant, Stormwater Utility Funds and the City Pavement Preservation program. Attachments: Exhibit 1 - Preliminary Bid Tab Packet Pg. 104 CITY OF EDMONDS 7.1.a Date/Time: 15-Sep-16 Project: Madrona Elementary Walkway Engineers Est: $635K Bidder Name Sched A Sched B Sched C Base + Alt 1 + Alt 2 RRJ $ 415,439.46 $ 144,275.24 $ 1.18 $ 559,715.88 Welwest $ 423,640.00 $ 149,900.00 $ 6,000.00 $ 579,540.00 Trimaxx $ 427,675.00 $ 163,770.00 $ 2,000.00 $ 593,445.00 RL Alia $ 431,670.00 $ 182,310.00 $ 500.00 $ 614,480.00 Westwater $ 469,790.00 $ 173,500.00 $ 1,000.00 $ 644,290.00 Kar-Vel $ 512,055.00 $ 137,300.00 $ 1,000.00 $ 650,355.00 SRV $ 518,849.00 $ 187,375.00 $ 100.00 $ 706,324.00 Taylors $ 394,190.00 $ 149,220.00 $ 2,000.00 $ 545,410.00 Kamins $ 452,956.82 $ 131,953.50 $ 1.00 $ 584,911.32 PRELIMINARY BID TAB a Packet Pg. 105 7.2 City Council Agenda Item Meeting Date: 09/20/2016 Ordinance Adding Public Indecency Sections to ECC 5.38 (Offenses Against Public Morals) (10 min.) Staff Lead: Jim Lawless Department: Police Services Preparer: James Lawless Background/History The item was presented to Council at the July 26, 2016 work meeting and was forwarded to the August 2, 2016 Council Business Meeting for approval by full Council via Consent Agenda and authorization of the Mayor's signature. Due to several concerns related to language contained in the ordinance, the item was pulled from the Consent Agenda and a follow-up meeting was held between the City Attorney, the City Prosecutor, Assistant Chief of Police Lawless, Council member Buckshnis and Council member Fraley-Monillas. Several changes in the ordinance resulted from that meeting and those changes are incorporated and presented as "REVISED Ordinance." Both a "redlined" version and a "clean" version are attached so as to clearly see what changes were made to the previously presented ordinance as a result of the aforementioned meeting. Staff Recommendation Staff recommends and requests that this draft ordinance be forwarded to the September 27, 2016 Council Work Meeting to be approved by full Council via Consent Agenda. Narrative Over the past several years, the City of Edmonds, along with many other jurisdictions in the Puget Sound region, has experienced an increase in the number of citizen complaints related to the activities associated with "Bikini Barista" coffee stands. These complaints relate to the state of dress/undress of the barista's, the fact that the barista's can be viewed by passing traffic, alleged sexual misconduct at the stands, etc. Edmonds City Code currently does not adequately address these types of behaviors/situations, either in ECC 4.52 (Regulations for Adult Entertainment Facilities) or ECC 5.38 (Offenses Aggro.- Publi . Me Offenses Relating to Lewd Conduct). The proposed additions to ECC 5.38 would create two new sections: a Publme Indleeepky Lewd Conduct section (5.38.150) that details what actions are prohibited more clearly defines nudity, what is considered obscene and what would be categorized as a public place; and, a Soliciting for an act of P bliG Indeeep y Lewd Conduct section (5.38.160) These additions and clarifications will clear up several ambiguities that exist in the current language and assist in the charging and criminal prosecution of the barista, the individual engaging the barista for the activities, and the coffee stand owner (should they be aware of or complicit to the activities taking place in their business). If/when formal charges have been filed, the City may then proceed with the revocation of the business license, should that be warranted. Packet Pg. 106 7.2 ***It is also important to note that the offenses contained within this ordinance are not limited to activities in and around coffee stands. Many examples exist of individuals engaging (publicly and in plain view) in the various types of activities that are expressly prohibited by these changes. This ordinance has been prepared and approved as to form by the City Attorney's Office. Attachments: REVISED Ordinance Adding Lewd Conduct Sections to ECC 5.38 REVISED Ordinance Adding Lewd Conduct Sections to ECC 5.38 (clean) (2) Packet Pg. 107 7.2.a U U W O r In C O r t) ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, c AMENDING ECC 5.38 (OFFENSES AGAINST THE PUBLIC v MORALS) TO CHANGE THE TITLE THERETO AND TO ADD Deleted: -a SECTIONS PROHIBITING LEWD CONDUCT AND _ THE-_ _ _ _ _ _ Deleted: PUBLIC INDECENCY SOLICITATION OF, LEWD_ CONDUCT- _ P_RO_VIDIN_G _ F_OR Deleted: 2 SEVERABILITY; AND SETTING AN EFFECTIVE DATE. Deleted: PUBLIC INDECENCY 3 a lM c WHEREAS, the City of Edmonds has determined that it is appropriate to change the title a the Offenses Against the Public Morals Chapter of the Edmonds Cif Code, ECC 5.38, and to add Deleted: include in V ] c thereto provisions relating to lewd conduct and the solicitation of lewd conduct: and Deleted: public indecency M 'a WHEREAS, the City of Edmonds wishes to amend ECC 5.38 to change said title and add 0 such provisions; NOW, THEREFORE, p uj THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN v 00 M AS FOLLOWS: U Section 1. The title to ECC 5.38 shall be changed from "Offenses Against the Public U W O Morals" to "Offenses Relating to Lewd Conduct." y C Section 2. The following Subsections .150 and .160 are hereby added to ECC 5.38 ;o Deleted: Offenses Against the Public Moral; tt d read as follows: N r tt Deleted: Public indecency 5.38.150 Lewd conduct U A. Lewd Conduct Prohibited. Notwithstanding anything in the Edmonds City Code Deleted: Public Indecency '✓3 to the contrary, a person who knowingly or intentionally, in a public place: m J 1. Engages in actual or simulated sexual intercourse, deviate sexual c conduct, masturbation, sodomy, bestiality, oral copulation, flagellation or other ultimate sex acts; or Q Deleted:1 v 2� Appears in a_state_of nudity m a public place other th_an_a public place 2. _Engages in excretory functions in M _ — to than a restroom or other facility intended to provided or set apart for nudity; or such purpose; orb � Formatted: Indent: Left: 0.5", First line: O 3� Fondles the genitals of himself, herself or an person; Deleted: 3 C _ — — — — — — — — — — — — — — — _ _ _ _ _ _ _ Deleted:4 LL LLJ w -1- Aw C N E t c� O r Q Packet Pg. 108 7.2.a U V W O r N C O commits the crime of lewd conduct Lewd conductis amisdemeanor. r t� Deleted: public indecency y \ Deleted: Public indecency ] B. Exemptions. This section shall not be construed to prohibit: t� O 1. Plays, operas, musicals or other dramatic works that are not obscene; 2. Classes, seminars and lectures held for serious scientific or educational v purposes that are not obscene; d 3. Exhibitions or dances which are not obscene; or 1M 5 4. Adult entertainment activities operating pursuant to Chapter 4.52 ECC. Q O t� c C. Definitions. For purposes of this section, the following words or phrases shall C have the meanings set forth herein, as follows: L 0 1. "Nudity" means the showing or display of: 0 uj a. Human male or female genitals or pubic area with less than a v fully opaque covering; or ap b. Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or C. The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed. The act of breastfeeding or expressing breast milk shall not be considered "nudity" or "public indecency"; or d. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2. "Public place" means any location, place or business frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. The term includes, but is not limited to, streets, sidewalks, alleys, parking lots, parks, automobiles, whether moving or not, and business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership IWM Packet Pg. 109 7.2.a requirement), including businesses contained in structures which can serve customers who remain in their vehicles by means of a drive -up window or door. 3. "Public place provided or set apart for nudity" means a public place such as public restrooms, enclosed functional shower, locker or dressing room facilities, enclosed motel and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. 4. "Obscene" means an activity which: a. Taken as a whole by an average person, applying contemporary community standards, appeals to a prurient interest in sex; b. Depicts patently offensive representations, as measured against community standards, of: i. Ultimate sexual acts, normal or perverted, actual or simulated; or I Masturbation, fellatio, cunnilingus, bestiality, excretory ao M Ln functions, or lewd exhibition of the genitals or genital area; or V V iii. Violent or destructive sexual acts, including, but not W O limited to, human or animal mutilation, dismemberment, rape, or y torture; and O C. Taken as a whole, lacks serious literary, artistic, political or y scientific value. N t� 3 1 5.38.160 Soliciting for an act of lewd conduct — Deleted: public indecency � J c Every person who solicits another to engage in an act of lewd conductin aTublic Deleted: public indecency -P O V shall be guilty of a misdemeanor. m J C Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or U c unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or c phrase of this ordinance. C W U) W -3- a) E z U M r Q Packet Pg. 110 7.2.a Section 4. 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/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: BY JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. APPROVED: MAYOR DAVE EARLING SEE Packet Pg. 111 7.2.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2016, 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 ECC 5.38 (OFFENSES AGAINST THE PUBLIC MORALS) TO CHANGE THE TITLE THERETO AND TO ADD SECTIONS PROHIBITING LEWD CONDUCT AND THE SOLICITATION OF LEWD CONDUCT PROVIDING FOR P SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of 2016. CITY CLERK, SCOTT PASSEY -5- Deleted: PUBLIC INDECENCY Deleted: Deleted: PUBLIC INDECENCY Packet Pg. 112 7.2.b AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING ECC 5.38 (OFFENSES AGAINST THE PUBLIC MORALS) TO CHANGE THE TITLE THERETO AND TO ADD SECTIONS PROHIBITING LEWD CONDUCT AND THE SOLICITATION OF LEWD CONDUCT; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, the City of Edmonds has determined that it is appropriate to change the title to the Offenses Against the Public Morals Chapter of the Edmonds City Code, ECC 5.38, and to add thereto provisions relating to lewd conduct and the solicitation of lewd conduct; and WHEREAS, the City of Edmonds wishes to amend ECC 5.38 to change said title and add such provisions; NOW, THEREFORE, AS FOLLOWS: THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN Section 1. The title to ECC 5.38 shall be changed from "Offenses Against the Public Morals" to "Offenses Relating to Lewd Conduct." Section 2. The following Subsections .150 and .160 are hereby added to ECC 5.38 to read as follows: 5.38.150 Lewd conduct. A. Lewd Conduct Prohibited. Notwithstanding anything in the Edmonds City Code to the contrary, a person who knowingly or intentionally, in a public place: 1. Engages in actual or simulated sexual intercourse, deviate sexual conduct, masturbation, sodomy, bestiality, oral copulation, flagellation or other ultimate sex acts; or 2. Appears in a state of nudity in a public place other than a public place provided or set apart for nudity; or 3. Fondles the genitals of himself, herself or another person; -1- Packet Pg. 113 7.2.b commits the crime of lewd conduct. Lewd conduct is a misdemeanor. B. Exemptions. This section shall not be construed to prohibit: 1. Plays, operas, musicals or other dramatic works that are not obscene; 2. Classes, seminars and lectures held for serious scientific or educational purposes that are not obscene; 3. Exhibitions or dances which are not obscene; or 4. Adult entertainment activities operating pursuant to Chapter 4.52 ECC. C. Definitions. For purposes of this section, the following words or phrases shall have the meanings set forth herein, as follows: 1. "Nudity" means the showing or display of: a. Human male or female genitals or pubic area with less than a fully opaque covering; or b. Any portion of the anal cleft or cleavage of the male or female buttocks. Attire that is insufficient to comply with this requirement includes, but is not limited to, G-strings, T-backs, thongs and any other clothing or covering that does not completely and opaquely cover the anal cleft or cleavage of the male or female buttocks; or C. The portion of the human female breast directly or laterally below a point immediately above the top of the areola with less than a fully opaque covering. This definition shall include the entire lower portion of the human female breast, but shall not include any portion of the cleavage of the human female breast exhibited by a dress, blouse, shirt, leotard, bathing suit, or other clothing, provided the areola is not exposed. The act of breastfeeding or expressing breast milk shall not be considered "nudity" or "public indecency"; or d. Human male genitals in a discernibly turgid state, even if completely and opaquely covered. 2. "Public place" means any location, place or business frequented by the public, or where the public is present or likely to be present, or where a person may reasonably be expected to be observed by members of the public. The term includes, but is not limited to, streets, sidewalks, alleys, parking lots, parks, automobiles, whether moving or not, and business and commercial establishments (whether for profit or not for profit, whether open to the public at large, or whether entrance is limited by a cover charge or membership -2- Packet Pg. 114 7.2.b requirement), including businesses contained in structures which can serve customers who remain in their vehicles by means of a drive -up window or door. 3. "Public place provided or set apart for nudity" means a public place such as public restrooms, enclosed functional shower, locker or dressing room facilities, enclosed motel and hotel rooms designed and intended for sleeping accommodations, doctor's offices, portions of hospitals, and similar places in which nudity or exposure is necessarily and customarily expected outside of the home and the sphere of privacy constitutionally protected therein. 4. "Obscene" means an activity which: a. Taken as a whole by an average person, applying contemporary community standards, appeals to a prurient interest in sex; b. Depicts patently offensive representations, as measured against community standards, of: i. Ultimate sexual acts, normal or perverted, actual or simulated; or ii. Masturbation, fellatio, cunnilingus, bestiality, excretory functions, or lewd exhibition of the genitals or genital area; or iii. Violent or destructive sexual acts, including, but not limited to, human or animal mutilation, dismemberment, rape, or torture; and C. Taken as a whole, lacks serious literary, artistic, political or scientific value. 5.38.160 Soliciting for an act of lewd conduct. Every person who solicits another to engage in an act of lewd conduct in a public place shall be guilty of a misdemeanor. Section 3. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. -3- Packet Pg. 115 7.2.b Section 4. 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. APPROVED: MAYOR DAVE EARLING ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. Packet Pg. 116 7.2.b SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2016, 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 ECC 5.38 (OFFENSES AGAINST THE PUBLIC MORALS) TO CHANGE THE TITLE THERETO AND TO ADD SECTIONS PROHIBITING LEWD CONDUCT AND THE SOLICITATION OF LEWD CONDUCT; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2016. CITY CLERK, SCOTT PASSEY -5- Packet Pg. 117 8.1 City Council Agenda Item Meeting Date: 09/20/2016 Update to the 2016 Traffic Impact Fees and new Section 3.36 of ECC (40 min.) Staff Lead: Phil Williams Department: Engineering Preparer: Megan Luttrell Background/History On November 2, 2015, the City Council had further discussion on the proposed 2015 traffic impact fees. On October 13, 2015, staff presented the updated 2015 Traffic Impact Fees to the City Council. Staff Recommendation Discuss the proposed traffic impact fees and schedule a public hearing. Narrative The traffic impact fee rate is updated during the adoption of the Transportation Plan (approximately every six years). The rate is determined by identifying all the intersections operating below the City's Level of Standards (LOS D), determining their total costs, and identifying the total number of projected growth trips. In 2010 following the adoption of the 2009 Transportation Plan, a traffic impact fee of $1,049.41 per trip was adopted. The 2015 Transportation Plan was adopted in 2015 and the proposed updated fee was $5,530 per trip. During the November 2, 2015 Council meeting, this rate was compared with nearby jurisdictions and several alternatives were presented on how this new rate could be implemented. As shown in the new section of the ECC (modified from Section18.82 to Section 3.36), a phased increase over a 3-year period (_> increase of $1,493.60 / year) is being proposed, reaching the calculated amount of $5,530 per trip by 2019. The traffic impact fees for the most commonly used land use categories in Edmonds are provided in a table in Section 3.36.125. For all properties within the Downtown Business District (BD zone), the Specialty Retail ITE land use category will now apply when calculating the traffic impact fees (Land Use Code 814). Previously a business within this zone might have been identified as a sit-down restaurant, general office, specialty retail, or other. This change provides a unified approach to charging impact fees throughout the downtown core. City Code Section 3.36.040 Exemptions was revised to clarify that the exemption from impact fees applied when a structure is replaced with a structure of similar size when a building permit application is submitted to the City within 12 months of demolition. The previous code language stated the 12 month period of time was from demolition of the structure to replacement of the structure. Attachments: Proposed Ordinance Redlined Ordinance Presentation Packet Pg. 118 8.1.a ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE IMPACT FEE PROVISIONS OF CHAPTER 3.36 OF THE EDMONDS CITY CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, chapter 18.82 of the Edmonds City Code ("Traffic Impact Fee" Section) has been moved to chapter 3.36 of the Edmonds City Code; WHEREAS, the City of Edmonds updated the Transportation Plan in 2015 and a revised traffic impact fee is being proposed with a phased increase over the next three years; WHEREAS, the land use category for any property in the Downtown Business (BD) zone used for the purpose of calculating the traffic impact fee will be Specialty Retail (ITE Land Use Code of 814); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.36 of the Edmonds City Code, entitled "IMPACT FEES," is hereby amended to read as follows (text added is shown as underlined; deleted text is shown as Chapter 3.36 IMPACT FEES Sections: 3.36.010 Findings and authority. 3.36.020 Definitions. 3.36.030 Assessment and payment of impact fees. 3.36.040 Exemptions. 3.36.050 Credits. 3.36.060 Tax adjustments. 3.36.070 Appeals. 3.36.080 Establishment of impact fee accounts. Q -1- Packet Pg. 119 8.1.a 3.36.090 Refunds. 3.36.100 Use of funds. 3.36.110 Review. 3.36.120 Park impact fee rates. 3.36.125 Street impact fee rates. 3.36.130 Independent fee calculations. 3.36.140 Existing authority unimpaired. 3.36.150 Procedures guide. 3.36.160 Deferral system for single-family residences. 3.36.010 Findings and authority. The city council of the city of Edmonds (the "council") hereby finds and determines that new growth and development in the city of Edmonds will create additional demand and need for public facilities in the city of Edmonds, and the council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The city of Edmonds has conducted extensive studies documenting the procedures for measuring the impact of new developments on public facilities, has prepared the rate study and procedures guide for park impact fees, has prepared the rate study and procedures guide for transportation impact fees, and hereby incorporates these studies into this title by reference. Therefore, pursuant to Chapter 82.02 RCW, the council adopts the ordinance codified in this chapter to assess impact fees for parks and streets. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. These fees can and will only be applied to projects resulting from city-wide development growth. These fees cannot be used to mitigate existing shortfalls of the park system or street system. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.020 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 and ECDC Title 21 or given their usual and customary meaning. A. "Accessory dwelling unit" is defined in ECDC 21.05.015. B. "Building permit" means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. C. "Capital facilities plan" means the capital facilities plan element of a comprehensive plan adopted by the city of Edmonds pursuant to Chapter 36.70A RCW, and such plan as amended. There are many references in state statutes to the "capital facilities plan" (CFP) as the basis for projects that are eligible for funding by impact fees. The parks element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a "capital facilities plan," and is considered to be the "capital facilities plan" (CFP) for the purpose of Edmonds' impact fees for parks. The transportation element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a "capital facilities plan," and is considered to be the "capital facilities plan" (CFP) for the purpose of Edmonds' impact fees for streets. Depending on the context, references to a CFP in the impact fee chapter, rate study, and procedures guide are interpreted as referring to either the parks element of the city of Edmonds comprehensive plan or the transportation element of the city of Edmonds comprehensive plan, including the projects eligible for impact fees listed in Appendix C of the procedures guide for the transportation impact fees. D. "City" means the city of Edmonds. E. "Council" means the city council of the city of Edmonds. F. "Department" means the development services department. G. "Development activity" means any construction, expansion, or change in the use of a building or structure that creates additional demand and need for public facilities. H. "Development approval" means any written authorization from the city of Edmonds which authorizes the commencement of a development activity. I. "Director" means the director designated by the mayor to administer the impact fee program or that director's designee. I "Dwelling unit" is defined in ECDC 21.20.050. K. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. L. "Feepayer" is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a land development activity -2- Packet Pg. 120 8.1.a which creates the demand for additional capital facilities, and which requires the issuance of a building permit. "Feepayer" includes an applicant for an impact fee credit. M. Reserved. N. "Hearing examiner" is defined in ECDC 21.40.010. O. "Impact fee" means a payment of money imposed by the city of Edmonds on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the public facilities needed to serve new growth and development. "Impact fee" does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling school impact fees, the cost of reviewing independent fee calculations or any other charge or fee based upon the administrative costs of processing a development application. P. "Impact fee account" or "account" means the account(s) established for each type of public facility for which impact fees are collected. The accounts shall be established pursuant to ECC 3.36.080 and 3.36.090 and comply with the requirements of RCW 82.02.070. Q. "Independent fee calculation" means the impact fee calculation and/or economic documentation prepared by a feepayer to support the assessment of an impact fee other than by the use of the rates listed in ECC 3.36.120 and 3.36.125, or the calculations prepared by the director where none of the fee categories or fee amounts in ECC 3.36.120 and 3.36.125 accurately describe or capture the impacts of the new development on public facilities. R. "Interest" means the average interest rate earned in the last fiscal year by the city of Edmonds. S. Reserved. T. "Occupancy permit" means the permit issued by the city of Edmonds authorizing the building to be occupied where a development activity results in a change in use of the preexisting structure, or the creation of a new use where none previously existed. U. "Owner" means the owner of record of real property, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. V. "Procedures guide" means the administrative guidance document prepared by the director pursuant to ECC 3.36.150. W. "Project improvements" means site improvements and facilities that are planned and designed to provide service for a particular development or users of the project and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. X. "Public facilities" means the public parks, open space and recreation facilities owned by the city of Edmonds or other governmental entities in the context of the park impact fee and means the public streets and roads owned by the city of Edmonds or other governmental entities in the context of the street impact fee. Y. "Rate study" means the "Rate Study for Impact Fees for Parks, Open Space and Recreation Facilities," city of Edmonds, dated July 12, 2013, in the context of the park impact fee and means the "Rate Study for Impact Fees for Roads," city of Edmonds, dated October 29, 2009, in the context of the street impact fee. Z. "Residential' or "residential development" means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. This also includes the residential portion of mixed -use developments. AA. Reserved. BB. "Service area" means the entire corporate limits of the city of Edmonds. CC. "Significant past tax payment" means taxes exceeding five percent of the amount of the impact fee, and which were paid prior to the date the impact fee is assessed and were earmarked or proratable to the same system improvements for which the impact fee is assessed. DD. Reserved. EE. "State" means the state of Washington. FF. Reserved. GG. "System improvements" means public facilities that are included in the city of Edmonds capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.030 Assessment and payment of impact fees. A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125, from any applicant seeking development approval from the city for any development activity within the city as provided herein, including the expansion of existing structures or uses or change of existing uses that creates additional demand for public facilities. -3- Packet Pg. 121 8.1.a 1. For the purposes of this chapter, development activity shall not include miscellaneous improvements that do not add any demand for public facilities, including, but not limited to, fences, walls, swimming pools accessory to a residential use, and signs. 2. For the purposes of this chapter, development activity shall not include replacement of a residential structure with a new residential structure of the same type at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior residential structure. Replacement of a residential structure with a new residential structure of the same type shall be interpreted to include any residential structure for which there is no increase in the number of residential units. 3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. Note: accessory dwelling units (ADU) are not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single- family residential neighborhood. B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee rates in effect at the time of issuance of the building permit, including but not limited to change of use permit or remodel permit. 1. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the new use, less an amount equal to the applicable impact fee for the prior use. 2. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in ECC 3.36.120 and 3.36.125. 3. Where the impact fees imposed are determined by the square footage of the development, the building official will establish the gross floor area created by the proposed development. 4. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ECC 3.36.050 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ECC 3.36.050 setting forth the dollar amount of the credit awarded. 5. Applicants shall pay an administrative fee that covers the cost of staff time in administering the impact fee program. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time the building permit or business license is issued by the city. The department shall not issue the required building permit or business license or other approval unless and until the impact fees set forth in ECC 3.36.120 and 3.36.125 have been paid in the amount that they exceed exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that building permits may be issued without impact fee payment when payment is deferred in accordance with ECC 3.36.160. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the City within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed (accessory dwelling units (ADU) are not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single-family residential neighborhood, and because the city's traffic model does not assign additional trips to the network as a result of ADUs). B. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: Q Packet Pg. 122 8.1.a 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be used for low-income housing or that impact fees from which the low-income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. C. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 20131. 3.36.050 Credits. A. Pursuant to the requirement of RCW 82.02.060(4), a feepayer shall be entitled to a credit for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the feepayer, to facilities that are identified in the capital facilities plan and that are required by the city as a condition of approving the development activity. B. The director shall determine if requests for credits meet the criteria in subsection (A) of this section. C. For each request for a credit or credits, the director shall select an appraiser or the feepayer may select an independent appraiser acceptable to the director. D. The appraiser must be prequalified by the city and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser's certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or construction provided by the feepayer on a case -by -case basis. F. The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the director may be providing to the feepayer, in the event that a credit is awarded. G. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. H. No credit shall be given for project improvements required of the development by city code and/or SEPA; only dedications in excess of those required by law are eligible for credit. In no event shall this provision be interpreted to authorize cash payment. Nothing herein shall be interpreted to limit the discretion of the city council to decline to accept any proposed dedication. I. A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax payments. For each request for a credit or credits for significant past tax payments for impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for significant past tax payments for public facilities. I Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit. K. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in ECC 3.36.070. L. A feepayer may, in the alternative, appeal an assessment or mitigation requirement which he believes exceeds the total which may lawfully be imposed. See ECDC 18.50.020(C). [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.060 Tax adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for future taxes to be paid by the new development which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in ECC 3.36.120 and 3.36.125 have been reasonably -5- Packet Pg. 123 8.1.a adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.070 Appeals. A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. B. Appeals regarding the amount of the impact fee imposed on any development activity may only be filed by the feepayer of the property where such development activity will occur. This provision shall control over any other provisions of city ordinance. C. The feepayer must first file a request for review regarding impact fees with the director, as provided herein: 1. The request shall be in writing on the form provided by the city; 2. The request for review by the director shall be filed within 14 calendar days of the feepayer's payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; 3. An administrative fee will be imposed for the request for review by the director; this shall be the same as that imposed for a request for reconsideration of a staff decision; 4. The director shall issue his/her determination in writing within 14 days from the receipt of a request for review. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision concerning the independent fee calculation which is authorized in ECC 3.36.130, or the fees imposed by the director pursuant to ECC 3.36.120 and 3.36.125, or any other determination which the director is authorized to make pursuant to this chapter, can be appealed to the hearing examiner. E. The decision of the director may be appealed to the hearing examiner as a Type II decision. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.080 Establishment of impact fee accounts. A. Impact fee receipts shall be earmarked specifically and deposited in special interest -bearing accounts. B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this chapter, the park impact account. There is also hereby established a separate impact fee account for the street impact fees collected pursuant to this chapter, the street impact account. Funds withdrawn from these accounts must be used in accordance with the provisions of ECC 3.36.100 and applicable state law. Interest earned on the fees shall be retained in the respective accounts and expended for the purposes for which the impact fees were collected. C. On an annual basis, the finance director shall provide a report to the council on the impact fee accounts showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period. Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of time within which the impact fees shall be expended or encumbered. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.090 Refunds. A. If the city fails to expend or encumber the impact fees within 10 years of when the fees were paid or, where extraordinary or compelling reasons exist, such other time periods as established pursuant to ECC 3.36.080, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first -in, first -out basis. B. The city shall notify potential claimants by first class mail that they are eligible for an impact fee refund. This notification shall be done by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the owner of the property. C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate public facilities. E. Refunds of impact fees under this section shall include any interest earned on the impact fees by the city. F. When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and Q Packet Pg. 124 8.1.a shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. G. The city shall also refund to the current owner of property for which impact fees have been paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, that if the city has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset. The petitioner must provide receipts of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.100 Use of funds. A. Pursuant to this chapter, impact fees: 1. Shall be used for public improvements that will reasonably benefit new development; and 2. Shall not be imposed to make up for deficiencies in public facilities serving existing developments; and 3. Shall not be used for maintenance or operations. B. Impact fees may be spent for public improvements, including, but not limited to, planning, engineering, surveying, land acquisition, right-of-way acquisition, site improvements, necessary off -site improvements, construction, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Impact fees may also be used to recoup public improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.110 Review. The fee rates set forth in ECC 3.36.120 and 3.36.125 may be reviewed and adjusted by the council as it deems necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city's comprehensive plan. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of any adjustment up or down and revise the fee rates set forth in ECC 3.36.120 and 3.36.125. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.120 Park impact fee rates. The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee applicable to the type of development as follows: A. Effective October 1, 2014: 1. Single-family house: $2,734.05 per dwelling unit. 2. Multifamily residential housing: $2,340.16 per dwelling unit. 3. Nonresidential development: $1.34 per square foot. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.125 Street impact fee rates. The street impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for herein, all new developments in the city will be charged the street impact fee applicable to the type of development as follows in the table below. For properties zoned BD — Downtown Business, an ITE Land Use Code of 814 — Specialty Retail shall be applied. 2016 2017 2018 2019 and (w/ (with (w/ beyond(w/ Fee $1,049.41 $2,543.01 4,036.61 $5,530.21 ITE Land Use Code - Description Calculation cost per cost per cost per cost per trip) -7- Packet Pg. 125 8.1.a trip) trip) trip) per square 110 - Light Industrial foot $1.50 $3.64 $5.77 $7.91 per square 140 - Manufacturing foot $1.12 $2.72 $4.32 $5.92 per square 151 - Mini -warehouse foot $0.40 $0.97 $1.54 $2.10 per dwelling 210 - Single-family house unit $1,196.33 $2,873.60 $4,561.37 $6,249.14 per dwelling 220 - Apartment unit $776.56 $1,881.83 $2,987.09 $4,092.36 per dwelling 230 - Condominium unit $629.65 $1,525.81 $2,421.97 $3,318.13 per dwelling 240 - Mobile home unit $671.62 $1,627.53 $2,583.43 $3,539.33 per dwelling 251 - Senior Housing unit $157.41 $584.89 $928.42 $1,271.95 320 - Motel per room $629.65 $1,525.81 $2,421.97 $3,318.13 per boat 420 - Marina berth $188.89 $457.74 $726.59 $995.44 444 - Movie theater per screens $13,166.00 $31,905.90 $50,645.37 $69,384.85 per square 492 - Health/fitness club foot $2.78 $6.74 $10.98 $14.66 per square 530 - High school foot $0.82 $1.98 $3.15 $4.31 per square 560 - Church foot $0.69 $1.68 $2.67 $3.65 per square 565 - Day care center foot $6.57 $15.77 $25.02 $34.29 620 - Nursing home per bed $199.39 $483.17 $766.96 $1,050.74 per square 710 - General office foot $2.07 $5.01 $7.95 $10.89 per square 720 - Medical office foot $3.81 $9.54 $15.14 $20.74 per square 820 - Shopping center foot $1.34 $3.26 $5.17 $7.08 per square 826 - Specialty retail foot $0.93 $2.06 $3.27 $4.48 per square 850 - Supermarket foot $4.80 $10.50 $16.84 $22.84 per square 850 - Convenience market 15-16hrs foot $5.80 $14.07 $22.38 $30.58 per square 912 - Drive-in bank foot $7.00 $15.97 $25.41 $34.73 per square 932 - Restaurant: sit-down foot $4.70 $10.04 $15.95 $21.84 per square 933 - Fast food, no drive -up foot $9.19 $22.28 $35.36 $48.44 per square 934 - Fast food with drive -up foot $11.23 $26.24 $41.66 $57.07 936 - Coffee/donut shop, no drive- per square UP foot $5.73 $13.88 $22.04 $30.19 V V w 4- 0 W M M c 0 m CO 3 m c c 0 N m d LL ca a E 0 L H co 0 N a) t 0 a) a W N LO d c ca c �a L O m N 0 a 0 L a c m E t 0 0 Q Packet Pg. 126 8.1.a 938 - Coffee/donut shop, drive -up, per square no indoor seating foot $10.55 $25.56 $40.37 $55.58 945 - Gas station with convenience per vehicle $3,347.62 fueling position 1 1 $6,916.99 1 $10,979.58 1 $15,042.18 3.36.130 Independent fee calculations. A. If in the judgment of the director, none of the fee categories or fee amounts set forth in ECC 3.36.120 and/or 3.36.125 accurately describe or capture the impacts of a new development on parks and/or streets, the department may ask the applicant to conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be agreed to by the director and the feepayer. The documentation submitted shall show the basis upon which the independent fee calculation was made. B. Any feepayer submitting an independent fee calculation will be required to pay the city of Edmonds a fee to cover the cost of reviewing the independent fee calculation. A fee is required by the city for conducting the review of the independent fee calculation plus the actual cost of outside consultant review if required by the city, unless otherwise established by the director, and shall be paid by the feepayer prior to initiation of review. C. While there is a presumption that the calculations set forth in the rate study are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case - by -case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer. D. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in ECC 3.36.070. [Ord. 4037 § 1 (Art. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.140 Existing authority unimpaired. Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.150 Procedures guide. The director is authorized to develop a procedures guide to facilitate the city's administration and enforcement of this chapter. The procedures guide shall be consistent with the provisions of this chapter, shall be for the sole convenience of the city, and shall not vest any rights in or for any other person. [Ord. 4037 § 1 (Art. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.160 Deferral system for single-family residences. A. An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full impact fee payment until final inspection. The building official may withhold certification of final inspection until the impact fees have been paid in full. B. The amount of impact fees that may be deferred under this section must be determined by the fees in effect at the time the applicant applies for a deferral. C. The term of an impact fee deferral under this section may not exceed 18 months from the date of building permit issuance. D. An applicant seeking a deferral under this section must grant and record a deferred impact fee lien against the property in favor of the city in the amount of the deferred impact fee. The deferred impact fee lien, which must include the legal description, tax account number, and address of the property, must also be: 1. In a form approved by the city attorney; 2. Signed by all owners of the property, as demonstrated by a current title report, with all signatures acknowledged as required for a deed; 3. Recorded with the Snohomish County auditor's office; 4. Binding on all successors in title after the recordation; and SZ Packet Pg. 127 8.1.a 5. Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. E. If impact fees are not paid in accordance with a deferral authorized by this section, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCW. F. In addition to the administrative fee collected pursuant to ECC 3.36.030(B)(5), the city shall collect an additional reasonable administrative fee to implement this section from permit applicants who are seeking to delay the payment of impact fees under this section. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. G. The section shall be construed to be consistent with state law and RCW 82.02.050, in particular. [Ord. 4037 § 1 (Att. A), 20161. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: Im APPROVED: MAYOR DAVID O. EARLING -10- Packet Pg. 128 C) �tzCn� r) tZ l7 x �x td Oy �n a � � d r rt (Q N tD Attachment: Proposed Ordinance (1526 : Update to the 2016 Traffic Impact Fees and new Section 3.36 of ECC) 8.1.a SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2016, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE IMPACT FEE PROVISIONS OF CHAPTER 3.36 OF THE EDMONDS CITY CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2016. CITY CLERK, SCOTT PASSEY -12- Packet Pg. 130 8.1.b ORDINANCE NO. AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE IMPACT FEE PROVISIONS OF CHAPTER 3.36 OF THE EDMONDS CITY CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. WHEREAS, chapter 18.82 of the Edmonds City Code ("Traffic Impact Fee" Section) has been moved to chapter 3.36 of the Edmonds City Code; WHEREAS, the City of Edmonds updated the Transportation Plan in 2015 and a revised traffic impact fee is being proposed with a phased increase over the next three years; WHEREAS, the land use category for any property in the Downtown Business (BD) zone used for the purpose of calculating the traffic impact fee will be Specialty Retail (ITE Land Use Code of 814); NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF EDMONDS, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Chapter 3.36 of the Edmonds City Code, entitled "IMPACT FEES," is hereby amended to read as follows (text added is shown as underlined; deleted text is shown as Chapter 3.36 IMPACT FEES Sections: 3.36.010 Findings and authority. 3.36.020 Definitions. 3.36.030 Assessment and payment of impact fees. 3.36.040 Exemptions. 3.36.050 Credits. 3.36.060 Tax adjustments. 3.36.070 Appeals. 3.36.080 Establishment of impact fee accounts. -1- Packet Pg. 131 8.1.b 3.36.090 Refunds. 3.36.100 Use of funds. 3.36.110 Review. 3.36.120 Park impact fee rates. 3.36.125 Street impact fee rates. 3.36.130 Independent fee calculations. 3.36.140 Existing authority unimpaired. 3.36.150 Procedures guide. 3.36.160 Deferral system for single-family residences. 3.36.010 Findings and authority. The city council of the city of Edmonds (the "council") hereby finds and determines that new growth and development in the city of Edmonds will create additional demand and need for public facilities in the city of Edmonds, and the council finds that new growth and development should pay a proportionate share of the cost of new facilities needed to serve the new growth and development. The city of Edmonds has conducted extensive studies documenting the procedures for measuring the impact of new developments on public facilities, has prepared the rate study and procedures guide for park impact fees, has prepared the rate study and procedures guide for transportation impact fees, and hereby incorporates these studies into this title by reference. Therefore, pursuant to Chapter 82.02 RCW, the council adopts the ordinance codified in this chapter to assess impact fees for parks and streets. The provisions of this chapter shall be liberally construed in order to carry out the purposes of the council in establishing the impact fee program. These fees can and will only be applied to projects resulting from city-wide development growth. These fees cannot be used to mitigate existing shortfalls of the park system or street system. [Ord. 4037 § 1 (Art. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.020 Definitions. The following words and terms shall have the following meanings for the purposes of this chapter unless the context clearly requires otherwise. Terms otherwise not defined herein shall be defined pursuant to RCW 82.02.090 and ECDC Title 21 or given their usual and customary meaning. A. "Accessory dwelling unit" is defined in ECDC 21.05.015. B. `Building permit" means an official document or certification which is issued by the building official and which authorizes the construction, alteration, enlargement, conversion, reconstruction, remodeling, rehabilitation, erection, demolition, moving or repair of a building or structure. C. "Capital facilities plan" means the capital facilities plan element of a comprehensive plan adopted by the city of Edmonds pursuant to Chapter 36.70A RCW, and such plan as amended. There are many references in state statutes to the "capital facilities plan" (CFP) as the basis for projects that are eligible for funding by impact fees. The parks element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a "capital facilities plan," and is considered to be the "capital facilities plan" (CFP) for the purpose of Edmonds' impact fees for parks. The transportation element of the city of Edmonds comprehensive plan fulfills the requirements of RCW 82.02.050 et seq., pertaining to a "capital facilities plan," and is considered to be the "capital facilities plan" (CFP) for the purpose of Edmonds' impact fees for streets. Depending on the context, references to a CFP in the impact fee chapter, rate study, and procedures guide are interpreted as referring to either the parks element of the city of Edmonds comprehensive plan or the transportation element of the city of Edmonds comprehensive plan, including the projects eligible for impact fees listed in Appendix C of the procedures guide for the transportation impact fees. D. "City" means the city of Edmonds. E. "Council" means the city council of the city of Edmonds. F. "Department" means the development services department. G. "Development activity" means any construction, expansion, or change in the use of a building or structure that creates additional demand and need for public facilities. H. "Development approval" means any written authorization from the city of Edmonds which authorizes the commencement of a development activity. I. "Director" means the director designated by the mayor to administer the impact fee program or that director's designee. J. "Dwelling unit" is defined in ECDC 21.20.050. K. "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees in order to pay for commitments, contractual obligations, or other liabilities incurred for public facilities. L. "Feepayer" is a person, corporation, partnership, an incorporated association, or any other similar entity, or department or bureau of any governmental entity or municipal corporation commencing a land development activity -2- U Q Packet Pg. 132 8.1.b which creates the demand for additional capital facilities, and which requires the issuance of a building permit. "Feepayer" includes an applicant for an impact fee credit. M. Reserved. N. "Hearing examiner" is defined in ECDC 21.40.010. O. "Impact fee" means a payment of money imposed by the city of Edmonds on development activity pursuant to this chapter as a condition of granting development approval in order to pay for the public facilities needed to serve new growth and development. "Impact fee" does not include a reasonable permit fee, an application fee, the administrative fee for collecting and handling school impact fees, the cost of reviewing independent fee calculations or any other charge or fee based upon the administrative costs of processing a development application. P. "Impact fee account' or "account' means the account(s) established for each type of public facility for which impact fees are collected. The accounts shall be established pursuant to ECC 3.36.080 and 3.36.090 and comply with the requirements of RCW 82.02.070. Q. "hndependent fee calculation" means the impact fee calculation and/or economic documentation prepared by a feepayer to support the assessment of an impact fee other than by the use of the rates listed in ECC 3.36.120 and 3.36.125, or the calculations prepared by the director where none of the fee categories or fee amounts in ECC 3.36.120 and 3.36.125 accurately describe or capture the impacts of the new development on public facilities. R. "Interest' means the average interest rate earned in the last fiscal year by the city of Edmonds. S. Reserved. T. "Occupancy permit' means the permit issued by the city of Edmonds authorizing the building to be occupied where a development activity results in a change in use of the preexisting structure, or the creation of a new use where none previously existed. U. "Owner" means the owner of record of real property, or a person with an unrestricted written option to purchase property; provided, that if the real property is being purchased under a recorded real estate contract, the purchaser shall be considered the owner of the real property. V. "Procedures guide" means the administrative guidance document prepared by the director pursuant to ECC 3.36.150. W. "Project improvements" means site improvements and facilities that are planned and designed to provide service for a particular development or users of the project and are not system improvements. No improvement or facility included in a capital facilities plan adopted by the council shall be considered a project improvement. X. "Public facilities" means the public parks, open space and recreation facilities owned by the city of Edmonds or other governmental entities in the context of the park impact fee and means the public streets and roads owned by the city of Edmonds or other governmental entities in the context of the street impact fee. Y. "Rate study" means the "Rate Study for Impact Fees for Parks, Open Space and Recreation Facilities," city of Edmonds, dated July 12, 2013, in the context of the park impact fee and means the "Rate Study for Impact Fees for Roads," city of Edmonds, dated October 29, 2009, in the context of the street impact fee. Z. "Residential' or `residential development' means all types of construction intended for human habitation. This shall include, but is not limited to, single-family, duplex, triplex, and other multifamily development. This also includes the residential portion of mixed -use developments. AA. Reserved. 1313. "Service area" means the entire corporate limits of the city of Edmonds. CC. "Significant past tax payment' means taxes exceeding five percent of the amount of the impact fee, and which were paid prior to the date the impact fee is assessed and were earmarked or proratable to the same system improvements for which the impact fee is assessed. DD. Reserved. EE. "State" means the state of Washington. FF. Reserved. GG. "System improvements" means public facilities that are included in the city of Edmonds capital facilities plan and are designed to provide service to service areas within the community at large, in contrast to project improvements. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.030 Assessment and payment of impact fees. A. Required. The city shall collect impact fees, based on the rates in ECC 3.36.120 and 3.36.125, from any applicant seeking development approval from the city for any development activity within the city as provided herein, including the expansion of existing structures or uses or change of existing uses that creates additional demand for public facilities. -3- U 0 W O c0 M M C O r t� N 3 d C C tv m N N U. V to V H to T_ O N d M r O r d Q Packet Pg. 133 8.1.b 1. For the purposes of this chapter, development activity shall not include miscellaneous improvements that do not add any demand for public facilities, including, but not limited to, fences, walls, swimming pools accessory to a residential use, and signs. 2. For the purposes of this chapter, development activity shall not include replacement of a residential structure with a new residential structure of the same type at the same site or lot when such replacement occurs within 12 months of the demolition or destruction of the prior residential structure. Replacement of a residential structure with a new residential structure of the same type shall be interpreted to include any residential structure for which there is no increase in the number of residential units. 3. For the purposes of this chapter, development activity shall not include alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed. Note: accessory dwelling units (ADU) are not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single- family residential neighborhood. B. Timing and Calculation of Fees. Impact fees shall be assessed based upon the impact fee rates in effect at the time of issuance of the building permit, including but not limited to change of use permit or remodel permit. 1. For a change in use of an existing building or dwelling unit, including any alteration, expansion, replacement or new accessory building, the impact fee shall be the applicable impact fee for the new use, less an amount equal to the applicable impact fee for the prior use. 2. For mixed use developments, impact fees shall be imposed for the proportionate share of each land use based on the applicable measurement in the impact fee rates set forth in ECC 3.36.120 and 3.36.125. 3. Where the impact fees imposed are determined by the square footage of the development, the building official will establish the gross floor area created by the proposed development. 4. Applicants that have been awarded credits prior to the submittal of the complete building permit application pursuant to ECC 3.36.050 shall submit, along with the complete building permit application, a copy of the letter or certificate prepared by the director pursuant to ECC 3.36.050 setting forth the dollar amount of the credit awarded. 5. Applicants shall pay an administrative fee that covers the cost of staff time in administering the impact fee program. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. C. Payment. Unless deferred pursuant to ECC 3.36.160, impact fees shall be paid at the time the building permit or business license is issued by the city. The department shall not issue the required building permit or business license or other approval unless and until the impact fees set forth in ECC 3.36.120 and 3.36.125 have been paid in the amount that they exceed exemptions or credits provided pursuant to ECC 3.36.040 or 3.36.050; provided, that building permits may be issued without impact fee payment when payment is deferred in accordance with ECC 3.36.160. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.040 Exemptions. A. Except as provided for below, the following shall be exempted from the payment of all impact fees under this chapter: 1. Alteration of an existing nonresidential structure that does not involve a change in use and does not expand the usable space or add any residential units; 2. Miscellaneous improvements that do not expand usable space or add any residential units, including, but not limited to, fences, walls, swimming pools, and signs; 3. Demolition or moving of a structure; 4. Expansion of an existing structure that results in the addition of 100 square feet or less of gross floor area; 5. Replacement of a structure with a new structure of the same size and use at the same site or lot when a building permit application for such replacement is submitted to the Cityeeeurs within 12 months of the demolition or destruction of the prior structure. Replacement of a structure with a new structure of the same size shall be interpreted to include any structure for which the gross square footage of the building will not be increased by more than 100 square feet; or 6. Alterations, expansions, enlargement, remodeling, rehabilitation or conversion of an existing dwelling unit where no additional dwelling units are created and the use is not changed (accessory dwelling units (ADU) are not considered to create additional dwelling units because ECDC 20.21.020 does not consider ADUs as increasing the overall density of a single-family residential neighborhood, and because the city's traffic model does not assign additional trips to the network as a result of ADUs). B. Except as provided for below, the following shall be exempted from the payment of park impact fees under this chapter: -4- U r� Q Packet Pg. 134 8.1.b 1. Low-income housing provided by nonprofit organizations such as, but not limited to, Habitat for Humanity. Owners of low-income single-family dwelling units, condominiums and other low-income housing shall execute and record a lien against the property, in favor of the city, for a period of 10 years guaranteeing that the dwelling unit will continue to be used for low-income housing or that impact fees from which the low-income housing is exempted, plus interest, shall be paid. The lien against the property shall be subordinate only to the lien for general taxes. In the event that the development is no longer used for low-income rental housing, the owner shall pay the city the impact fee from which the owner or any prior owner was exempt, plus interest at the statutory rate. Any claim for an exemption for low-income owner occupied housing must be made no later than the time of application for a building permit. Any claim not so made shall be deemed waived. C. The director shall be authorized to determine whether a particular development activity falls within an exemption identified in this section, in any other section, or under other applicable law. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 20131. 3.36.050 Credits. A. Pursuant to the requirement of RCW 82.02.060(4), a feepayer shall be entitled to a credit for the value of any dedication of land for, improvement to, or new construction of any system improvements provided by the feepayer, to facilities that are identified in the capital facilities plan and that are required by the city as a condition of approving the development activity. B. The director shall determine if requests for credits meet the criteria in subsection (A) of this section. C. For each request for a credit or credits, the director shall select an appraiser or the feepayer may select an independent appraiser acceptable to the director. D. The appraiser must be prequalified by the city and shall not have a fiduciary or personal interest in the property being appraised. A description of the appraiser's certification shall be included with the appraisal, and the appraiser shall certify that he/she does not have a fiduciary or personal interest in the property being appraised. E. The appraiser shall be directed to determine the total value of the dedicated land, improvements, and/or construction provided by the feepayer on a case -by -case basis. F. The feepayer shall pay for the cost of the appraisal or request that the cost of the appraisal be deducted from the credit which the director may be providing to the feepayer, in the event that a credit is awarded. G. After receiving the appraisal, the director shall provide the applicant with a letter or certificate setting forth the dollar amount of the credit, the reason for the credit, the legal description of the site donated where applicable, and the legal description or other adequate description of the project or development to which the credit may be applied. The applicant must sign and date a duplicate copy of such letter or certificate indicating his/her agreement to the terms of the letter or certificate, and return such signed document to the director before the impact fee credit will be awarded. The failure of the applicant to sign, date, and return such document within 60 calendar days shall nullify the credit. H. No credit shall be given for project improvements required of the development by city code and/or SEPA; only dedications in excess of those required by law are eligible for credit. In no event shall this provision be interpreted to authorize cash payment. Nothing herein shall be interpreted to limit the discretion of the city council to decline to accept any proposed dedication. I. A feepayer can request that a credit or credits for impact fees be awarded to him/her for significant past tax payments. For each request for a credit or credits for significant past tax payments for impact fees, the feepayer shall submit receipts and a calculation of past tax payments earmarked for or proratable to the particular system improvement. The director shall determine the amount of credits, if any, for significant past tax payments for public facilities. J. Any claim for credit must be made no later than 20 calendar days after the submission of an application for a building permit. The failure to timely file such a claim shall constitute a final bar to later request any such credit. K. Determinations made by the director pursuant to this section shall be subject to the appeals procedures set forth in ECC 3.36.070. L. A feepayer may, in the alternative, appeal an assessment or mitigation requirement which he believes exceeds the total which may lawfully be imposed. See ECDC 18.50.020(C). [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 20131. 3.36.060 Tax adjustments. Pursuant to and consistent with the requirements of RCW 82.02.060, the rate study has provided adjustments for future taxes to be paid by the new development which are earmarked or proratable to the same new public facilities which will serve the new development. The impact fee rates in ECC 3.36.120 and 3.36.125 have been reasonably -5- U r� Q Packet Pg. 135 8.1.b adjusted for taxes and other revenue sources which are anticipated to be available to fund public improvements. [Ord. 4037 § 1 (Art. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.070 Appeals. A. Any feepayer may pay the impact fees imposed by this chapter under protest in order to obtain a building permit. B. Appeals regarding the amount of the impact fee imposed on any development activity may only be filed by the feepayer of the property where such development activity will occur. This provision shall control over any other provisions of city ordinance. C. The feepayer must first file a request for review regarding impact fees with the director, as provided herein: 1. The request shall be in writing on the form provided by the city; 2. The request for review by the director shall be filed within 14 calendar days of the feepayer's payment of the impact fees at issue. The failure to timely file such a request shall constitute a final bar to later seek such review; 3. An administrative fee will be imposed for the request for review by the director; this shall be the same as that imposed for a request for reconsideration of a staff decision; 4. The director shall issue his/her determination in writing within 14 days from the receipt of a request for review. D. Determinations of the director with respect to the applicability of the impact fees to a given development activity, the availability or value of a credit, or the director's decision concerning the independent fee calculation which is authorized in ECC 3.36.130, or the fees imposed by the director pursuant to ECC 3.36.120 and 3.36.125, or any other determination which the director is authorized to make pursuant to this chapter, can be appealed to the hearing examiner. E. The decision of the director may be appealed to the hearing examiner as a Type II decision. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.080 Establishment of impact fee accounts. A. Impact fee receipts shall be earmarked specifically and deposited in special interest -bearing accounts. B. There is hereby established a separate impact fee account for the park impact fees collected pursuant to this chapter, the park impact account. There is also hereby established a separate impact fee account for the street impact fees collected pursuant to this chapter, the street impact account. Funds withdrawn from these accounts must be used in accordance with the provisions of ECC 3.36.100 and applicable state law. Interest earned on the fees shall be retained in the respective accounts and expended for the purposes for which the impact fees were collected. C. On an annual basis, the finance director shall provide a report to the council on the impact fee accounts showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by impact fees. D. Impact fees shall be expended or encumbered within 10 years of receipt, unless the council identifies in written findings extraordinary and compelling reason or reasons for the city to hold the fees beyond the 10-year period. Under such circumstances, and prior to the expiration of the 10-year period, the council shall establish the period of time within which the impact fees shall be expended or encumbered. [Ord. 4037 § 1 (Art. A), 2016; Ord. 3934 § 1 (Exh. A), 20131. 3.36.090 Refunds. A. If the city fails to expend or encumber the impact fees within 10 years of when the fees were paid or, where extraordinary or compelling reasons exist, such other time periods as established pursuant to ECC 3.36.080, the current owner of the property on which impact fees have been paid may receive a refund of such fees. In determining whether impact fees have been expended or encumbered, impact fees shall be considered expended or encumbered on a first -in, first -out basis. B. The city shall notify potential claimants by first class mail that they are eligible for an impact fee refund. This notification shall be done by first class mail deposited with the United States Postal Service at the last known address of such claimants. A potential claimant must be the owner of the property. C. Owners seeking a refund of impact fees must submit a written request for a refund of the fees to the director within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. D. Any impact fees for which no application for a refund has been made within this one-year period shall be retained by the city and expended on the appropriate public facilities. E. Refunds of impact fees under this section shall include any interest earned on the impact fees by the city. F. When the city seeks to terminate any or all components of the impact fee program, all unexpended or unencumbered funds from any terminated component or components, including interest earned, shall be refunded pursuant to this section. Upon the finding that any or all fee requirements are to be terminated, the city shall place notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and -6- U 0 W O m M M C O r c� N 3 d C C cC to N N U. r� V cC v H to T_ O N d M r O r d r� ca sZ r� Q Packet Pg. 136 8.1.b shall notify all potential claimants by first class mail at the last known address of the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the city, but must be expended for the appropriate public facilities. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account or accounts being terminated. G. The city shall also refund to the current owner of property for which impact fees have been paid, including interest earned on the impact fees, if the development activity for which the impact fees were imposed did not occur; provided, that if the city has expended or encumbered the impact fees in good faith prior to the application for a refund, the director can decline to provide the refund. If within a period of three years, the same or subsequent owner of the property proceeds with the same or substantially similar development activity, the owner can petition the director for an offset. The petitioner must provide receipts of impact fees previously paid for a development of the same or substantially similar nature on the same property or some portion thereof. Determinations of the director shall be in writing and shall be subject to the appeals procedures set forth in ECC 3.36.070. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.100 Use of funds. A. Pursuant to this chapter, impact fees: 1. Shall be used for public improvements that will reasonably benefit new development; and 2. Shall not be imposed to make up for deficiencies in public facilities serving existing developments; and Shall not be used for maintenance or operations. B. Impact fees may be spent for public improvements, including, but not limited to, planning, engineering, surveying, land acquisition, right-of-way acquisition, site improvements, necessary off -site improvements, construction, architectural, permitting, financing, and administrative expenses, applicable impact fees or mitigation costs, and any other expenses which can be capitalized. C. Impact fees may also be used to recoup public improvement costs previously incurred by the city to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. D. In the event that bonds or similar debt instruments are or have been issued for the advanced provision of public improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirements of this section and are used to serve the new development. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 20131. 3.36.110 Review. The fee rates set forth in ECC 3.36.120 and 3.36.125 may be reviewed and adjusted by the council as it deems necessary and appropriate in conjunction with the annual update of the capital facilities plan element of the city's comprehensive plan. The fee rates may be adjusted 12 months after the effective date of the ordinance codified in this chapter, or 12 months after the most recent review by the council. The council may determine the amount of any adjustment up or down and revise the fee rates set forth in ECC 3.36.120 and 3.36.125. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.120 Park impact fee rates. The park impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for independent fee calculations in ECC 3.36.130, exemptions in ECC 3.36.040 and credits in ECC 3.36.050, all new developments in the city will be charged the park impact fee applicable to the type of development as follows: A. Effective October 1, 2014: 1. Single-family house: $2,734.05 per dwelling unit. 2. Multifamily residential housing: $2,340.16 per dwelling unit. 3. Nonresidential development: $1.34 per square foot. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.125 Street impact fee rates. The street impact fee rates in this section are generated from the formula for calculating impact fees set forth in the rate study, which is incorporated herein by reference. Except as otherwise provided for herein, ealeu L.t:,.. s in EGG 3.36. 130 exewiptiens in EGG 4 36 040 and of -edits i. EGG 3.36.050, all new developments in the city will be charged the street impact fee applicable to the type of development as follows in the table below.: For properties zoned BD — Downtown Business, an ITE Land Use Code of 814 — Specialtv Retail shall be applied. 2016 2017 2018 2019 and ee with / beyond (w/ ITE Land Use Code - Description Calculation $1, 449.41 $2,543.01 4 036.61 $5 530.21 U co N LO V_ d C� C to C EL O d C O Comment [Al]: Cost per trip in 2016 = C 01 $1,049.41. E Cost per trip in 2017 and beyond: annual in t of $1493.60 (to max of $5530.2 1) V Formatted Tble Q Packet Pg. 137 8.1.b cost peY trip) cost per kipi cost per trip) cost per trip) 110 - Light Industrial geragmare foot $1.50 $3.64 $5.77 $7.91 140 - Manufacturing er s uare foot $1.12 $2.72 $4.32 $5.92 151 - Mini -warehouse gerLg1jare foot $0.40 $0.97 $1.54 $2.10 210 - Single-family house per dwelling $1 196.33 $2,873.60 $4,561.37 $6, 449.14 unit 220 - Apartment per dwelling $776.56 $1,881.83 $2,987.09 $4, 992.36 unit 230 - Condominium per dwelling $629.65 1 525.81 $2,421.97 JLLI8.13 unit 240 - Mobile home per dwelling 1671.62 $1,627.53 $2,583.43 ILL39.33 unit 251 - SenioLHousing per dwelling 157.41 $584.89 $928.42 jlM.95 unit 320 - Motel per room $629.65 $1,525.81 $2,421.97 JLL18.13 420 - Marina ggLr boat berth J188.89 $457.74 $726.59 995.44 444 - Movie theater per screens $13,166.00 $31,905.90 $50,645.3 $69,384.85 7 492 - Health/fitness club Der square, foot 2.78 6.74 10.98 14.66 530 - Hi h school er s uare foot 0.82 1.98 3.15 4.31 560 - Church er s uare foot $0.69 $1.68 $2.67 $3.65 565 - Da care center er s uare foot $6.57 $15.77 $25.02 $34.29 620 - Nursinghome er bed 199.39 $483.17 $766.96 $1,050.74 710 - General office Der s uare foot 2.07 $5.01 7.95 10.89 720 - Medical office er s uare foot $3.81 $9.54 $15.14 $20.74 820 - Shopping center er s uare foot $1.34 $3.26 $5.17 $7.08 826 - Specialty retail per square foot $0.93 $2.06 $3.27 $4.48 850 - Supermarket er s uare foot $4.80 $10.50 $16.84 $22.84 850 - Convenience market 15-16hrs per square foot 5.80 $14.07 22.38 30.58 912 - Drive-in bank er s uare foot $7.00 15.97 25.41 34.73 932 - Restaurant: sit-down er s uare foot S4.70 $10.04 $15.95 21.84 933 - Fast food no drive -up er s uare foot $9.19 $22.28 $35.36 $48.44 934 - Fast food with drive-u er s uare foot $11.23 $26.24 $41.66 $57.07 936 - Coffee/donut shop, no drive- gerLgILare foot $5.73 $13.88 $22.04 $30.19 0 938 - Coffee/donut shop, drive -up, permgware, foot $10.55 $25.56 $40.37 55.58 no indoorse 945 - Gas station with convenience per vehicle fueling positio $3,347.62 6 916.99 $10,979.5 $15,042.18 8 -8- Packet Pg. 138 8.1.b W. Drive in bank, 1Tx: LandUse Code n 12. $7 ,, nn per , ua fe feet. .. X. ne„teran4. sit a,....., UE Land Use Code 932: en 7n « square feet. Y. Fast feed, o drive tip, xTx: Land Use Code 933: cn 1 n « square feet-. Z. Fas+ food with drive up, UE baiid Use Gede 93 4 i S 11.23 per s"afe foot-. AA. CeCl e/ne....t shop, «e drive up TTE x E ffid Use !`ode 936. $5 73 « squaf feet. GG. Gas station with eonvenienee, 1T-E Land Use Code 9 4 5 � $3,3 4 7.62 pef vehiele ffieling position. BB. Coffee/de"t shop, drive iip, no indoor seating, ITE Land Use Code 938: $10.55 per sqttafe feet. (Aft. n � 2016]. 3.36.130 Independent fee calculations. A. If in the judgment of the director, none of the fee categories or fee amounts set forth in ECC 3.36.120 and/or 3.36.125 accurately describe or capture the impacts of a new development on parks and/or streets, the department may ask the applicant to conduct independent fee calculations and the director may impose alternative fees on a specific development based on those calculations. The alternative fees and the calculations shall be set forth in writing and shall be agreed to by the director and the feepayer. The documentation submitted shall show the basis upon which the independent fee calculation was made. B. Any feepayer submitting an independent fee calculation will be required to pay the city of Edmonds a fee to cover the cost of reviewing the independent fee calculation. TTn A fee is required by the city for conducting the review of the independent fee calculation hall1- n�plus the actual cost of outside consultant review if required by the city, unless otherwise established by the director, and shall be paid by the feepayer prior to initiation of review. C. While there is a presumption that the calculations set forth in the rate study are valid, the director shall consider the documentation submitted by the feepayer, but is not required to accept such documentation or analysis which the director reasonably deems to be inaccurate or not reliable, and may, in the alternative, require the feepayer to submit additional or different documentation for consideration. The director is authorized to adjust the impact fees on a case - by -case basis based on the independent fee calculation, the specific characteristics of the development, and/or principles of fairness. The fees or alternative fees and the calculations shall be set forth in writing and shall be mailed to the feepayer. D. Determinations made by the director pursuant to this section may be appealed to the office of the hearing examiner as set forth in ECC 3.36.070. [Ord. 4037 § 1 (Att. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.140 Existing authority unimpaired. Nothing in this chapter shall preclude the city from requiring the feepayer or the proponent of a development activity to mitigate adverse environmental impacts of a specific development pursuant to the State Environmental Policy Act, Chapter 43.21C RCW, based on the environmental documents accompanying the underlying development approval process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided, that the exercise of this authority is consistent with the provisions of Chapters 43.21C and 82.02 RCW. [Ord. 4037 § 1 (Art. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. -9- U r� Q Packet Pg. 139 8.1.b 3.36.150 Procedures guide. The director is authorized to develop a procedures guide to facilitate the city's administration and enforcement of this chapter. The procedures guide shall be consistent with the provisions of this chapter, shall be for the sole convenience of the city, and shall not vest any rights in or for any other person. [Ord. 4037 § 1 (Art. A), 2016; Ord. 3934 § 1 (Exh. A), 2013]. 3.36.160 Deferral system for single-family residences. A. An applicant for a building permit for a single-family detached or attached residence may request a deferral of the full impact fee payment until final inspection. The building official may withhold certification of final inspection until the impact fees have been paid in full. B. The amount of impact fees that may be deferred under this section must be determined by the fees in effect at the time the applicant applies for a deferral. C. The term of an impact fee deferral under this section may not exceed 18 months from the date of building permit issuance. D. An applicant seeking a deferral under this section must grant and record a deferred impact fee lien against the property in favor of the city in the amount of the deferred impact fee. The deferred impact fee lien, which must include the legal description, tax account number, and address of the property, must also be: 1. In a form approved by the city attorney; 2. Signed by all owners of the property, as demonstrated by a current title report, with all signatures acknowledged as required for a deed; 3. Recorded with the Snohomish County auditor's office; 4. Binding on all successors in title after the recordation; and 5. Junior and subordinate to one mortgage for the purpose of construction upon the same real property granted by the person who applied for the deferral of impact fees. E. If impact fees are not paid in accordance with a deferral authorized by this section, the city may institute foreclosure proceedings in accordance with Chapter 61.12 RCW. F. In addition to the administrative fee collected pursuant to ECC 3.36.030(B)(5), the city shall collect an additional reasonable administrative fee to implement this section from permit applicants who are seeking to delay the payment of impact fees under this section. The amount of the administrative fee shall be established and updated from time to time by resolution of the city council. G. The section shall be construed to be consistent with state law and RCW 82.02.050, in particular. [Ord. 4037 § 1 (Art. A), 2016]. Section 2. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 3. Effective Date. This ordinance is subject to referendum and shall take effect thirty (30) days after final passage of this ordinance. APPROVED: -10- Packet Pg. 140 8.1.b ATTEST/AUTHENTICATED: CITY CLERK, SCOTT PASSEY APPROVED AS TO FORM: OFFICE OF THE CITY ATTORNEY: JEFFREY B. TARADAY FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: PUBLISHED: EFFECTIVE DATE: ORDINANCE NO. MAYOR DAVID O. EARLING -11- Packet Pg. 141 8.1.b SUMMARY OF ORDINANCE NO. of the City of Edmonds, Washington On the day of , 2016, the City Council of the City of Edmonds, passed Ordinance No. A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE OF THE CITY OF EDMONDS, WASHINGTON, AMENDING THE IMPACT FEE PROVISIONS OF CHAPTER 3.36 OF THE EDMONDS CITY CODE; PROVIDING FOR SEVERABILITY; AND SETTING AN EFFECTIVE DATE. The full text of this Ordinance will be mailed upon request. DATED this day of , 2016. CITY CLERK, SCOTT PASSEY Era Packet Pg. 142 Ul rD r+ rD 0- rD i N O N O O� m Q- 0 1 CD- Ln n n 0 c n r--1 L J 0 0 �r ;entation (1526 : Update to the 2016 Traffic Impact Fees and new Section PO 0 8.1.c ictobei Ptriafinv '0 6.1w k", r#77=10, Mw 1. Definition of Impact Fees 2. Reasons to Charge Impact Fees�9 i 3 CD LL E L 0 N d s a 3. Rules for Impact Fees N 4. What Impact Fees Can be Use For d a 5. Calculations and Comparisont Edmonds City Council a Packet Pg. 144 8.1.c _ 0 d 2009 to CO ■ _ c� d d LL 0 a E o L • Added 6 projects N 0 0 0 0 Increased cost of 7 carry-over projects CL Reduced deficiency exclusion LO Excluded external costs & trips _ 0 Eliminated long-term cost exclu N d L a c m E t a Packet Pg. 145 Edmonds City Council 8.1.c i Ill Is I @ . Its TT_ 1 Olympic View & 174th St. SW % N M E 4 1961h St. SW (SR 524) & 881h Ave 901000 o o 63% 8 212th St. & SR 99 2,806,000 0% 63% 14 220th St. & SR 99 1215,000 0% 33% 30 SR 99 & 2161h St SW 21335.000 0% 33% 11 Main St. & gth Ave. 911,000 0% 63% 15 220th St. & 76th Ave. 4,314,000 0% 33% 20 SR 104 & 238th St. 1,339,000 40% 49% 21 SR 104 & 76th Ave W 1,508,500 0% 49% A 84th Ave. W, between 212th St. S & 238th St. SW 7,720,500 0% 65% 8 238th St. SW, between Edmonds Way & 84th 3,045,000 0% 65% C Add 228th St. SW from SR 99 to 95th Pl. 10,146,000 0% 65% Total 40,036,000 1% 53% MM BLUE TEXT: new projects (not included in zoogTraffic Impact Fee calculation _ 0 Eligible d y • 3 m c _ cc 286, IU. 0 CD 568,8 E 1,7671780 1, 060, c 77015 N 0 0 5719 d 1,r423,r 6 a 393., 6 to N 0 739.1 5101813 L A 1197912 C E 6159419 r Q 21,731736 Packet Pg. 146 m Q- 0 1 0_ Ln n n 0 c n Q I M o N i'o' V ME a s w� y Ci ME v 0 � N 5-91 ■ Attachment: Presentation (1526 : Update to the 2016 Traffic Impact Fees and new Section Is 0 FO n r 0 ■ ■ 0 lk w A Attachment: Presentation (1526 : Update to the 2016 Traffic Impact Fees and new Section 8.1.c :I ICI 9 1 M 1 I Is] @ no] = I l 1 1 o n _._ CWper $ 59530, Trip Rate OmOO197 / sq ft office IrmpvW e Ramie $10.8jjOq ft offic Edmonds City Council Packet Pg. 149 5-91 0 r 0 O n Attachment: Presentation (1526 : Update to the 2016 Traffic Impact Fees and new Section Dsi Pe lmnni Kenmore Lynnwood Shoreline Edmonds (update) Bothell p a.omparec dated Amn • • $ 8,350 7,944 6,124 5,530 5,426 Average of 8 Others 4,486 Mill Creek 39000 Snohomish County 29453 Mukilteo 19875 Edmonds (current) 19050 Mountlake Terrace 714 Edmonds City Council 3 a E s �a Packet Pg. 151 8.1.c :14LT1 �.`llllk94 •I:I" M MIS- 1. Raise taxes = growth pays less, taxpayers pay more 2. Eliminate some projects = less cost, more congestion 3. Discount the cost per trip, or F = growth pays somewhat les more congestion Packet Pg. 152 Edmonds City Council m Q- 0 1 CD- Ln n n 0 c n 0 X M rt W M N rt C] L 4A ■ 0 M Attachment: Presentation (1526 : Update to the 2016 Traffic Impact Fees and new Section FO n 8.2 City Council Agenda Item Meeting Date: 09/20/2016 Mayor and City Council Salary Review (20 min.) Staff Lead: Andrew Pierce Department: City Council Preparer: Andrew Pierce Background/History In 2011, a Citizens Salary Commission gave the Mayor a salary increase to $113K and in 2012 the Mayor received a COLA to bring his salary to $115K. The salary commission recommended no increase for Council other than to aggregate their $50 meeting fee to bring total salary to $1,000 a month. The City Council President receives $200 more or a total of $1,200. In 2014, the City Council disbanded the Salary Commission. During that year, the Council reviewed comparables for the elected position of Judge and allocated a raise. Council did not review or consider raises for the Mayor or Council as there was no interest among the majority of Councilmembers. In August 2016, Council Member (CM) Buckshnis requested to informally discuss with Carrie Hite (former Human Resource Director), the Council President and Pro Tem. Council's Legislative Assistant Andrew Pierce also attended the meeting with the topic of salaries of elected officials and the pending 2017 budget. Considering the rebound in the economy, the timing of 2017 budget, the established labor and social intense workloads of the Mayor and Council, CM Buckshnis felt it necessary to review the data of regional comparable. All comparables that had strong Mayoral positions are located in attachment #1. CM Buckshnis asked for data to reflect the usual human resources protocol of looking at comparables of cities with populations 20,000 higher and 20,000 lower than Edmonds' 40,000 population. Council Members data is available in attachment #2 and #3. Data shows that Edmonds elected officials (both the position of Mayor and Councilmember) are compensated less than the average of comparable cities in the Puget Sound region. Staff Recommendation None Narrative Salary increases can take place 1) via a Council action or 2) via the use of a Citizens' Salary Commission or a hybrid of the two which will be known as 3) Council action for Mayor and Citizens Salary Commission for Council. As noted in the previous Council actions, a Council action (1) was utilized to provide the elected Judge with salary commiserate with the comparable in 2014. Packet Pg. 154 8.2 For Council Actions (1), the important factor to keep in mind is that current seated council Members cannot increase or decrease their own salary after his or her election or during their terms (Article 11, Section 8 in conjunction with Article 30, Section 1 of the state constitution). Consequently, any increase or decrease in the salaries of those elected officials who set their own compensation may not take effect until their next term in office. The salary of other elected officials, those who do not set their own salary, such as a city mayor, may be increased at any time, and they may benefit from the new salary as soon as the new salary goes into effect. CM Buckshnis will have no increase at all unless she runs for office again should this process be selected. For Citizens' Salary Commission (2), Council would re-establish the citizen's salary commission via an ordinance and can effectively either select the members or have the Mayor select the members to review the comparables and set the compensation (RCW 35.21.015) and that commission will have the authority to set the compensation for the elected officials. The decision for Council is to determine if they wish to use the Council Action (1) process based on the data provided or to instruct the Attorney to create an ordinance to re-establish a Citizens' Salary Commission (2). Additionally, the Council can decide on a hybrid option (3) which is to utilize Council Action for the Mayor and Citizens' Salary Commission for the Council. Should Council decide to utilize Council Action (1) for both Mayor and Council, here is the data summarized and recommendations from CM Buckshnis based on her review of the data and that which is provided in Attachments #1 and #3: Mayor: A. CM Buckshnis suggest a 5% increase plus 100% CPI-W Cola beginning 2017. B. CM Buckshnis suggest another 5% increase and 100% CPI-W Cola beginning 2018. C. CM Buckshnis from January 1, 2019 and beyond a 100% CPI-W cola to keep up with market Since CM Buckshnis will not be affected by a salary increase unless she seeks office again in 2020, here are her recommendations based on Council Action (1): Council: A. CM Buckshnis suggest a $200 per month increase (to $1,200 per month) and $300 per month increase (to $1,500) for the Council president for 2017. B. 2018 and beyond: 100% CPI-W. C. This would be effective with new Councilmembers only. In 2018, this would be effective for three Councilmembers. In 2020, the recommendation is to equalize the pay for the other four newly elected. How this would look: 2018: Three newly elected Councilmembers we be compensated at $1,200 per month, plus a 100% CPI- W from 2017. 2019: The same three Councilmembers would be given another 100% CPI-W Cola from 2018. 2020: The same three Councilmembers would be given another 100% CPI-W Cola from 2017. Four newly elected Councilmembers would be compensated at the same rate as the other three so that all Councilmembers by 2020 will be on the same payment schedule. Packet Pg. 155 8.2 The first time there is a Council president that is not currently seated, and has been newly elected, this person would receive an additional $300 per month. Attachments: Mayor Salary Comparisons with Benefits 2016 Council 30-50K population Council comparisions with Beneftis 2016 Packet Pg. 156 8.2.a Mayor Strong/Council City's Other Administrative Positions in comparison City's CITY POPULATION SALARY/MONTH BENEFITS Total Compensation POSITION TITLE SALARY/MONTH Other Staff ISSAQUAH 34,590 $ 9,428.00 $ 2,358.06 $ 11,786.06 City Administrator $ 16,857.00 Deputy City Administrator LYNNWOOD 35,836 $ 8,577.00 $ 2,582.10 $ 11,159.10 Deputy City Administrator $ 9,288.00 Intergov Liaison REDMOND 60,560 $ 11,416.66 $ 2,452.42 $ 13,869.08 2 Deputy City Administrator $ 13,785.00 Plus 1 Chief Policy Analyst FEDERAL WAY 93,670 $ 9,924.00 $ 1,830.58 $ 11,754.58 Chief of Staff $ 12,509.00 RENTON 101,300 $ 13,348.00 $ 1,985.00 $ 15,333.00 City Administrator $ 14,724.00 Deputy City Administrator AUBURN 77,060 $ 11,401.00 $ 2,219.63 $ 13,620.63 Admin Director $ 12,903.00 EVERETT 108,300 $ 14,545.00 $ 4,420.81 $ 18,965.81 City Administrator $ 14,201.00 E.D., Exec Administrator MARYSVILLE 64,940 $ 10,659.93 $ 2,449.48 $ 13,109.41 City Administrator $ 15,288.00 TUKWILA 19,540 $ 8,614.00 $ 1,542.00 $ 10,156.00 City Administrator $ 13,913.00 KENT 124,500 $ 11,788.00 $ 1,932.19 $ 13,720.19 City Administrator $ 14,380.00 Median $ 11,030.47 $ 2,288.85 $ 13,365.02 Median $ 14,057.00 Average $ 10,970.16 $ 2,377.23 $ 13,347.39 Average $ 13,784.80 EDMONDS 40,900 $ 9,622.84 1 $ 2,006.04 $ 11,628.881 CITY ADMIN $0.00 Packet Pg. 157 8.2.b Council Compensation Comparision 2016 CITY POPULATION SALARY/MONTH BENEFITS TOTAL GRAND TOTAL COMP. SALARY/MONTH BENEFITS TOTAL GRAND TOTAL COMP. Council Council President BURIEN 50,000 $ 600.00 $ 600.00 $ 1,200.00 $ 600.00 $ 600.00 $ 1,200.00 PUYALLUP 39,850 $ 1,170.75 $ 856.00 $ 2,026.75 $ 1,170.75 $ 856.00 $ 2,026.75 LACEY 47,540 $ 1,375.00 $ - $ 1,375.00 $ 1,375.00 $ - $ 1,375.00 LYNNWOOD 35,836 $ 900.00 $ 2,081.53 $ 2,981.53 $ 1,100.00 $ 2,081.53 $ 3,181.53 BOTHELL 43,980 $ 1,011.00 $ - $ 1,011.00 $ 1,011.00 $ - $ 1,011.00 UNIVERSITY PLACE 32,230 $ 1,408.00 $ 105.60 $ 1,513.60 $ 1,408.00 $ 105.60 $ 1,513.60 ISSAQUAH 34,590 $ 1,250.00 $ 20.00 $ 1,270.00 $ 1,450.00 $ 20.00 $ 1,470.00 DES MOINES 30,570 $ 833.00 $ - $ 833.00 $ 833.00 $ - $ 833.00 MEDIAN $1,090.88 AVERAGE $1,068.47 $62.80 $457.89 $1,322.50 $1,526.36 $1,135.38 $1,118.47 $62.80 $457.89 $1,422.50 $1,576.36 EDMON DS 40,900 $1,000.00 1 $707.51 1 $1,707.51 1 $1,200.001 $707.511 $1,907.51 Packet Pg. 158 8.2.c Council Compensation Comparision 2016 CITY POPULATION SALARY/MONTH BENEFITS TOTAL GRAND TOTAL COMP. SALARY/MONTH BENEFITS TOTAL GRAND TOTAL COMP. Council Council President BURIEN 50,000 $ 600.00 $ 600.00 $ 1,200.00 $ 600.00 $ 600.00 $ 1,200.00 PUYALLUP 39,850 $ 1,170.75 $ 856.00 $ 2,026.75 $ 1,170.75 $ 856.00 $ 2,026.75 LACEY 47,540 $ 1,375.00 $ - $ 1,375.00 $ 1,375.00 $ - $ 1,375.00 LYNNWOOD 35,836 $ 900.00 $ 2,081.53 $ 2,981.53 $ 1,100.00 $ 2,081.53 $ 3,181.53 BOTHELL 43,980 $ 1,011.00 $ - $ 1,011.00 $ 1,011.00 $ - $ 1,011.00 UNIVERSITY PLACE 32,230 $ 1,408.00 $ 105.60 $ 1,513.60 $ 1,408.00 $ 105.60 $ 1,513.60 ISSAQUAH 34,590 $ 1,250.00 $ 20.00 $ 1,270.00 $ 1,450.00 $ 20.00 $ 1,470.00 RENTON 101,300 $ 1,250.00 $ 981.71 $ 2,231.71 $ 1,450.00 $ 985.71 $ 2,435.71 KENT 124,500 $ 1,204.00 $ 551.00 $ 1,755.00 $ 1,269.00 $ 551.00 $ 1,820.00 FEDERAL WAY 93,670 $ 1,184.50 $ 475.00 $ 1,659.50 $ 1,184.50 $ 475.00 $ 1,659.50 KIRKLAND 84,680 $ 1,144.00 $ 2,235.63 $ 3,379.63 $ 1,144.00 $ 2,235.63 $ 3,379.63 AUBURN 77,060 $ 1,224.00 $ - $ 1,224.00 $ 1,632.00 $ - $ 1,632.00 MARYSVILLE 64,940 $ 950.00 $ - $ 950.00 $ 950.00 $ - $ 950.00 REDMOND 60,560 $ 1,000.00 $ 1,124.10 $ 2,124.10 $ 1,000.00 $ 1,124.10 $ 2,124.10 SHORELINE 54,990 $ 1,000.00 $ 994.00 $ 1,994.00 $ 1,100.00 $ 994.00 $ 2,094.00 OLYMPIA 51,600 $ 1,387.00 $ - $ 1,387.00 $ 1,387.00 $ - $ 1,387.00 SAMMAMISH 61,250 $ 850.00 $ 59.26 $ 909.26 $ 850.00 $ 59.26 $ 909.26 EVERETT 108,300 $ 2,292.00 $ - $ 2,292.00 $ 2,980.00 $ - $ 2,980.00 TUKWILA 19,540 $ 1,250.00 $ 559.78 $ 1,809.78 $ 1,250.00 $ 559.78 $ 1,809.78 DES MOINES 30,570 $ 833.00 $ - $ 833.00 $ 833.00 $ - $ 833.00 MEDIAN $ AVERAGE $ 1,178 1,164 $ $ 290 532 $ $ 1,586.55 1,696.34 $ $ 1,178 1,257 $ $ 290 532 $ $ 1,646 1,790 EDMONDS 40,900 $1,000.00 $ 707.51 $ 1,707.51 $ 1,200.00 $ 708 $ 1,908 Packet Pg. 159